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Minutes of the Cuyahoga County Planning Commission/Solid Waste Policy Committee

April 14, 2004

ATTENDANCE
Attachment A lists the attendance at this meeting, at which the following matters were discussed.

MINUTES
On a motion by Mayor Rawson, seconded by Mayor Patton, the minutes of the February 11, 2004, meeting were approved.

ELECTION OF OFFICERS
Mr. Nolan, on behalf of Commissioner McCormack, nominated Commissioner Jones as the chair of the Planning Commission for 2004. Mr. Smock, on behalf of Commissioner Dimora seconded the nomination. There being no other nominations, the nominations were closed and Commissioner Jones was unanimously elected the chair.

Commissioner Jones nominated Mayor Tom Longo as vice-chair of the Planning Commission, which was seconded by Mayor Patton. There were no other nominations. Mayor Longo was unanimously elected vice-chair.

COMMUNITY AND REGIONAL PLANNING
Pat Holland, Director of the Solid Waste District presented the results of the residential recycling survey.

Commissioner Jones asked why a number of communities had lower recycling rates than last year?

Mr. Holland indicated that he had just started to look into why six communities had a decrease in their recycling rates. He explained that in the Village of Glenwillow that there had been tremendous residential growth in the community which had increased the volume of waste; however, the village officials had not educated the new residents about the recycling programs that were in place.

Commissioner Jones asked that the District prepare a report for next CPC meeting that gives an individual assessment of the six communities that had a lower recycling rate and that the report be sent to the communities.

Mr. Holland presented a report on the disposal of the county's solid waste.

Mr. Ronayne asked if the State was addressing the issue of the importation of out-of-state waste into the State's landfills?

Mr. Holland explained that the biggest concern is the importation of construction demolition debris. He stated that construction demolition debris was not included in the definition of solid waste in House Bill 592 so none of the solid waste districts keep reports because it is not required. However, the Ohio Environmental Protection Agency (OEPA) and many others in the disposal industry are concerned because there is no way to discern what is in the construction debris and that it is being dumped into unlined facilities which allows rainwater to seep in and create a toxic leachate that can get into the water tables. Mr. Holland stated that the construction industry is very powerful and has been able to block any legislation proposed to regulate the industry.

Mr. Ronayne observed that the ten poorest cities have the lowest recycling rates. He asked if the State provides targeted city assistance to help these communities with their recycling?

Mr. Holland stated that it really a function of education. Communities that are in good financial shape spend more time and money on educating their residents about recycling. The City of Cleveland has a larger population and fewer dollars to spend; therefore, the city should figure out how to structure a really effective education program. He stated that the Ohio Department of Natural Resources (ODNR) provides recycling grants and that Cleveland receives an annual grant of $140,000 for recycling programs.

Mr. Ronayne noted that Abitibi, the paper recycling company which has placed recycling bins all over the City, has been a big help. However, if the City is a problem for the District in terms of meeting its residential recycling rates then the State should help communities such as Cleveland Mr. Ronayne added that Cleveland is not going to reestablish its recycling program next year so the State should help provide some assistance.

Mr. Holland reported that the District had issued the Request for Proposals for consulting services for the 2005 Plan Update and had received five proposals. The District had already eliminated three proposals and would be interviewing the two remaining consultants on April 28th. Mr. Holland stated that the District would have a recommendation for the Policy Committee to consider at the May 12th meeting.

Mr. Alsenas, made a brief report on the 2003 county-level population estimates that had just been released by the U.S. Census Bureau which showed that in the seven-county region that Cuyahoga County was the only county to lose population.

RESOLUTIONS

Mr. Alsenas reported that the staff is recommending the hiring of Ms. Carla Regener to replace Lynn Garrity who left the Planning Commission several months ago. On a motion by Mayor Rawson, seconded by Mayor Patton, Carla Regener was unanimously hired as an Associate Senior Planner.

Mr. Alsenas provided an update on the Cuyahoga Valley Initiative (CVI). He reported that since the February 11, 2004 rollout that the:

  • CVI has received positive and broad-based media coverage;
  • CPC had launched the CVI website in mid-March and has received more than 2,200 hits;
  • Rocky Mountain Institute has completed its report "Cuyahoga Valley Initiative Model Regeneration," which focuses on the Zaclon site. The Institute is planning to approach the Joyce Foundation again to continue to work on the CVI;
  • CPC staff have been meeting with significant property owners in the valley who have approached the CPC for help and with New-York based AIG Real Estate Inc. which contactted the staff for assistance in locating potential brownfield sites in the Valley;
  • staff has been contacted by ISG about creating a Steel Heritage Program in the Valley, a museum about designing a "living museum" in the Valley and Cleveland Foundation about using the BP fund, which is the $1 million BP left for community investments before it moved its headquarters, field testing of fuel cells in the Valley and
  • CPC staff has been working with an ad hoc group of local entrepreneurs and staff persons from Case University and the Kent Urban Design Center that are trying to create a web-based interactive portal to the Cuyahoga Valley.

Mr. Alsenas also reported on meetings that are taking place about the continued dredging and storage of the Cuyahoga River navigation channel and inner harbor. Mr. Alsenas reported that the federal government is stepping away from paying for capacity for the storing the dredge and so the City and County are working with the Great Lakes Commission out of Ann Arbor, Michigan to reduce the amount of soil that is dredged up from the river and harbor and to figure out new and beneficial ways to use the dredge.

Mr. Alsenas thanked Mr. Ronayne for his and the City's efforts to get Representative LaTourette to include $3.2 million earmarked in the current transportation bill for the Towpath Trail project.

Mr. Alsenas reported that the CPC is asking to amend the Schmidt Copeland Parker Stevens contract with $175,000 of the funds appropriated by the Board of County Commissioners in this fiscal year for the CVI to design the next phase of the project.

Mayor Rawson asked what is a model code and why is it important?

Mr. Alsenas replied that there are 14 communities in the Valley each with a different zoning code and that although the CPC does not have regulatory zoning responsibility and that a model code would accomplish the general purposes of the CVI.

On a motion by Mayor Rawson, seconded by Mayor Patton, the Planning Commission unanimously approved Resolution 040414-B approving an amendment to the amount and term of the contract with Schmidt Copeland Parker Stevens, Inc. for the Cuyahoga Valley Model Codes, Design Guidelines and Sustainable Practices project by increasing the contract in the amount of $175,000 and extending the term to April 30, 2005.

Mr. John DeMuth, Deputy Director of the CPC, presented Resolution 040414-C.

Mr. DeMuth reported that the CPC had received a request from Olmsted Township to rezone twenty-one (21) acres from single-family R-40 to Planned Residential Development (PRD) which will allow the construction of cluster homes with open space. Mr. DeMuth referred the members to the maps and explained that the property abuts the City of Olmsted Falls along Sprague Road. Mr. DeMuth reported that the Township's Board of Zoning Appeals had granted a variance to allow the rezoning since the twenty-one acres falls short of the 100-acre minimum required in the Township's Zoning Code.

Mr. DeMuth explained the process required by the Ohio Revised Code for the approval of township rezoning requests. Mr. DeMuth also explained that the CPC's recommendation is not binding on the Township Trustees. Accordingly, the CPC staff reviewed the rezoning request and found that the rezoning is in compliance with the Township's comprehensive land use plan that was adopted in 1998 and that it is compatible with the contiguous single-family land uses and densities both in the Township and in the City of Olmsted Falls. Therefore, the staff recommends approval of the rezoning.

Mayor Blomquist stated that he thought the CPC staff had done a good job but that the City of Olmsted Falls and some of the Township Trustees have concerns about this rezoning and he would like to know how the CPC staff came to the conclusion that this parcel fits within the limits of the PRD designated in the adopted master plan? He stated that he was concerned about managing growth in the area and constraints placed on the public school system, among other concerns.

Mr. DeMuth replied that the Township's master plan was prepared by a private consultant. The staff considered the provided map to be conceptual in that its mapped boundaries do not follow the parcel lines. It is a concept advanced for the entire corner of the Township, which includes the subject parcel. The staff's assumption is that the intent was for the proposed development to go all the way to Schady Road and to the corporate limits.

Mayor Blomquist referred to the maps labeled 2 and 3 and said that map 3 shows the area is still single-family R-40 and that is the crux of the question. The rezoning will allow the density to go up and the City of Olmsted Falls' administration and Council are concerned because it will abut residential backyards of homes in the City. He stated that the area should be compatible and complement the area housing stock and have no large price disparity.

Mr. DeMuth replied that the density of the surrounding uses is essentially the same as the density of the rezoning request, which is higher than the current single-family zoning. He stated that, putting the corporate limits aside, there are equally less-dense single family properties in Olmsted Falls that abut this development, which is zoned D-3 for 3.2 units per acre. He observed that the densities across the corporate limit are all in the same range. Mr. DeMuth explained that the Ohio Revised Code gives the Planning Commission three options, to approve, disapprove or approve with a modification and that there is no time limit placed on the Planning Commission to respond, just that it must respond.

Mayor Blomquist stated that he has concerns about this approval process because this proposal will have the approval from the Township Zoning Board and the CPC and that will make it harder for the Township trustees to turn down the rezoning, if that is what it decides to do. Mayor Blomquist said that he had spoken with one trustee who is also uncomfortable and would like to be engaged in these types of decisions earlier in the process. Mayor Blomquist asked the CPC to table the issue so that the City and Trustees can notify their residents and have public discussion about this request. Mayor Blomquist said that he told the Trustees that he would express their sentiments to the CPC and because he had just received the agenda packet yesterday that he had no time to study this issue. Mr. Ronayne stated that he would second the motion to delay if there was a date certain where this issue would be readdressed.

Mayor Blomquist requested that the applicant address the CPC.

Mr. William Bishop of Wheaton Development stated that his company had purchased the property eight months ago and that they have had many meetings about this project with the public officials and public. He stated that the reason the company has asked for the rezoning is that the parcel is landlocked and is a long thin piece of property. He stated that the traditional way to do this type of development would be to build a street and put in single family homes. Mr. Bishop said that his company felt that the best use for the property was to use the open space in a PRD environment so that they could shape the land and create open space and lakes. Regarding the price range of the homes, he stated that they are compatible with the adjacent homes in Olmsted Falls which are approximately $238,000.

Mayor Blomquist also asked if the rezoning and the approval of the preliminary plan should be done at the same time?

Mr. DeMuth, followed by Alsenas, replied that they would have to speak to the County Prosecutor's Office to determine the CPC's ability to conduct the rezoning and the preliminary plan actions at the same meeting.

Mr. Bishop stated that delaying this decision jeopardizes the developer's ability to start construction this summer.

Mayor Blomquist stated that he understood Mr. Bishop's concerns and that he hoped that the issue could be resolved in the next 30 days.

Mayor Rawson stated that this issue should be handled at the local level and would defer to any agreement that would be proposed by the City of Olmsted Falls and the Township, but that the CPC should avoid being too technical. She stated that the zoning change does not really tell us much and if the CPC is going to think about long-range planning for the western part of the county we should not be talking about just this little area but the whole plan for development of the Township.

Commissioner Jones asked for a motion to defer discussion to the next CPC meeting, not to table the issue which would require another motion, and during the interim for all the parties to meet to come to a resolution.

On a motion by Mayor Blomquist, seconded by Mr. Ronayne, consideration of Resolution No. 040414-C was unanimously postponed until the May 12, 2004 meeting.

Mr. Alsenas stated that the next two resolutions were to accept grants to assist the CPC staff in the implementation of the Senior Transportation Program.

On a motion by Mayor Patton, seconded by Mayor Rawson, Resolution No. 040414-D, accepting a $75,000 grant from the Deaconess Community Foundation to establish the Senior Transportation Organization to manage and coordinate senior transportation services in Cuyahoga County, was unanimously approved.

On a motion by Mayor Rawson, seconded by Mayor Patton, Resolution No. 040414-E, accepting a $75,000 grant from the Mt. Sinai Health Care Foundation to establish the Senior Transportation Organization to manage and coordinate senior transportation services in Cuyahoga County, was unanimously approved.

Mayor Rawson requested that the staff provide a written summary of the Senior Transportation Project for the next meeting.

Mr. Alsenas stated that the CPC staff would report on the Elder Friendly Communities project and share the draft recommendations that the staff will be making to Elder Friendly Communities Task Force on May 24, 2004.

With no other issues to discuss, Commissioner Jones adjourned the meeting.

Attachment A

Cuyahoga County Planning Commission/Solid Waste Policy Committee

APRIL 14, 2004 ATTENDANCE RECORD

Member Present
Mayor Robert Blomquist Yes
Commissioner Jimmy Dimora Yes - represented by Mr. Pat Smock
Mayor Jerry Hruby No
Commissioner Peter Jones Yes
Mr. Jack Licate Yes
Mayor Thomas Longo No
Commissioner Tim McCormack Yes - represented by Mr. John Nolan
Mayor Kenneth Patton Yes
Mayor Judith Rawson Yes
Mr. Chris Ronayne for Mayor Campbell Yes
 
Others: Paul Alsenas, William Bishop, John DeMuth, Patrick Holland

 

Meeting Information