Macedonia’s Planning Commission spent most of its September 15 meeting wrestling with a controversial proposal to require concrete driveways for all residential properties, ultimately deciding the ordinance needs major revisions before moving forward.
Driveway Ordinance Sparks Legal Debate
The commission reviewed proposed ordinance 51-2025, which would mandate hard-surface driveways from streets to homes and any garages sized for vehicles. The building department pushed for the change, citing maintenance issues and aesthetic concerns with gravel driveways that are becoming wider and less maintained.
However, commission member Tony Cox raised serious legal red flags about the proposal’s language.
Cox, who brings legal experience to the commission, warned that Ohio Revised Code Section 713.15 protects existing non-conforming uses. Homeowners with gravel driveways installed decades ago could invoke state protection against forced upgrades, he argued.
“Somebody that has a gravel driveway, I don’t see how you can force them ever to change their driveway as long as they’re living there,” Cox said during the meeting.
Problematic Language
The commission identified several issues with the current draft, particularly the word “repaired.” Cox noted that simply adding gravel to maintain an existing driveway could trigger requirements for complete concrete replacement under the proposed language.
“If your gravel path is 8 foot wide and you’re going to make it 12 foot, that’s expansion – you’re making it larger at that point and that should comply with current standards,” Cox explained. “But maintenance is not a repair.”
Cox distributed examples from North Olmsted and Sheffield Lake showing how other communities handle similar requirements with proper grandfathering provisions.
Commission Pumps the Brakes
Rather than approve the flawed ordinance, commissioners decided to request City Council withdraw the proposal and schedule a work session to rewrite it properly. They want the city’s law department involved in drafting legally sound provisions that won’t create enforcement problems.
Building Commissioner Monaco acknowledged the challenges, noting that while the department wants paved surfaces to primary garages, requiring concrete paths to distant outbuildings on large lots could be expensive and impractical for residents.
Business Approvals Move Forward
The commission approved two signage applications after applicants addressed technical requirements.
ProQuip Gets Green Light
ProQuip at 850 East Highland Road received approval for new signage after adding a brick base matching their building and proposing landscaping around the sign. Commissioners requested additional year-round shrubs to complement the planned perennials.
EBM Eye Care Replaces Paris Opticians
The commission approved green signage for EBM Eye Care taking over unit 52 at Macedonia Commons, previously occupied by Paris Opticians. The green color was added to the shopping center’s approved palette after the applicant met height and trim specifications.
ATM Application Delayed
Optimus Solutions’ application to install a First National Bank ATM at Macedonia Commons was continued to October due to the applicant’s absence. The ATM would replace a removed Chase Bank unit on an existing concrete island in the plaza’s parking lot.
City planner Brian Frantz noted concerns about excessive signage height and aesthetics that need addressing when the applicant returns.
Property Split Raises Development Questions
The commission reviewed a lot split proposal for the Enclave at Macedonia apartment complex. Davey Tree Resource Group, acting as surveyor, requested splitting a 2.1-acre parcel that’s largely within Indian Creek’s riparian setback.
While the stated purpose is allowing a neighbor to expand his yard for himself and dogs, planner Frantz’s memo suggests the split may be preparing for future apartment development by property owner Redwood.
Commissioners worried about creating a non-buildable lot that could later justify variance requests for development. The item was continued to October pending deed restrictions and clarification of the neighbor’s actual intentions.
End of an Era
The driveway debate marked one of the final contributions from Cox, who announced this would likely be his last meeting after 12-15 years on the commission. Cox had asked colleagues to find his replacement.
Chairman Westbrooks thanked Cox for his service and legal expertise, hoping he might stay one more month. Cox was invited to October’s meeting for the driveway work session even if no longer officially serving.
Cox’s departure philosophy remained consistent to the end: “I think the law department should look at ordinances from other cities and see what they’ve done rather than trying to create something out of our heads.”
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