MINUTES OF THE CUYAHOGA COUNTY
PLANNING COMMISSION MEETING

FEBRUARY 8, 2024

CALL TO ORDER
The meeting of the Cuyahoga County Planning Commission (County Planning) was called to order by Director Dever at 2:02 p.m. and the roll call showed a quorum was present.

WELCOME NEW BOARD MEMBERS
Director Dever welcomed the new board members:

• Mayor Matt Burke – City of Garfield Heights
• Mayor Gregory Kurtz – City of Independence
• Mayor David Weiss – City of Shaker Heights

Mayor Gallo and Director Huang joined the meeting.

ORGANIZATIONAL MEETING

Election of Officers
Director Cierebiej noted that the organizational meeting is held annually, every February. The floor was opened for nomination of Planning Commission Chair. Director Dever expressed an interest in continuing his role and was nominated by councilperson Simon to continue as Chair. Director Dever accepted the nomination. With no other nominations for Board Chairperson, on a motion by Councilperson Simon, and seconded by Mayor Orcutt, the vote was unanimous to re-elect Director Dever as Chair.

Director Dever continued chairing the meeting.

The floor was opened for nomination of Planning Commission Vice-Chair. Councilperson Sunny Simon was nominated by Councilperson Conwell to continue as Vice-Chair. Councilperson Simon accepted the nomination. With no other nominations for Board Vice-Chair, on a motion by Councilperson Conwell, seconded by Mayor Kurtz, the vote was unanimous to re-elect Councilperson Simon as Vice-Chair.

County Executive Chris Ronayne joined the meeting. Executive Ronayne gave a mention of his working for the Planning Commission years ago and thanked everyone who now serves on the board. Executive Ronayne recognized a couple of projects that he is excited about, starting with the County Greenprint, a tool to connect communities and provide detailed information on parks and green space, among other data sets. Next, Executive Ronayne spoke about Transit Oriented Development work the Planning Commission is doing with the Greater Cleveland Regional Transit Authority (GCRTA). From water, to parks, to transit, land use, infrastructure, stormwater work in the Great Lakes basin, Executive Ronayne credited the Planning Commission for the breath of work happening in the region.

2024 Meeting Schedule
The 2024 meeting schedule was reviewed and on a motion by Director Dever and seconded by Mayor Gallo, the vote was unanimous to accept the 2024 meeting schedule.

COMMENTS FROM THE PUBLIC
No requests for public comment.

MINUTES
On a motion by Mayor Dailey Jones, seconded by Director Haung, the meeting minutes for December 14, 2023 were duly adopted with a unanimous vote.

RESOLUTIONS

Resolution No. 240208-A Requesting the approval of the Resolution authorizing the Cuyahoga County Planning Commission (County Planning) to administer the Cuyahoga County Healthy Urban Tree Canopy Grant (HUTC) Program for Program Year (PY) 2024

Ms. Alison Ball reported that the purpose of this grant program is to preserve and increase tree canopy and thus help lessen the impacts of climate change in Cuyahoga County. The PY 2024 program goals are to:

• Add large scale plantings
• Expand tree canopy in areas that are vulnerable
• Plant trees in open or vacant parcels
• Establish new tree canopy
• Protect existing tree canopy, and
• Establish plans and policies that promote tree canopy

Ms. Ball provided a summary of Program Year 2023 which included:

• 19 Projects Funded
• 322 Trees Planted
• 60 Trees Pruned
• Five (5) Tree Inventories and/or Urban Forestry Plans completed
• 168 Mature Trees Treated: Root Collar Surgery, Root Invigoration and Treatments for Pests and/or Disease, and
• Four (4) Residential Outreach Initiatives/Workshops

In total, Ms. Ball provided a summary of the HUTC Program to-Date:

• 97 projects awarded funds to 44 applicants from 24 municipalities
• The planting of approximately 8,700 trees including one High Impact Reforestation Project
• 27 Urban Forestry Plans
• Over 16,000 potential planting sites identified
• Funding for two (2) tree nurseries in Cuyahoga County
• Partnership with Holden Forest & Gardens on long-term research project.

Ms. Alison Ball continued by explaining the Holden Forests & Gardens Healthy Urban Tree Canopy Project Soil Inoculation Project is a multi-site- and multi-year-replicated experiment testing the effectiveness of live soil inoculation in urban canopy restoration. Ms. Ball explained that the project sites cover many urban green spaces, including libraries, school yards, courtyards, cemeteries, city parks, boulevards, street trees, etc. with each site within the study having a slightly different microclimate, different soil conditions, and different human impacts. Ms. Ball stated that beyond planting and aftercare, species selection may impact survivorship, as some tree species are tolerant to pressures like soil compaction, heavy metal or ozone pollutants, soil pH, and road salt.

Ms. Alison Ball reported that changes to Program Year 2024 include the addition of Neighborly Software, an online grant management tool with a mapping component. Ms. Ball went on to explain the grant evaluation scoring criteria and the schedule for the program year 2024 Healthy Urban Tree Canopy Program.

On a motion by Mayor Welo, seconded by Mayor Gallo, Resolution No. 240208-A, requesting the approval of the Resolution authorizing the Cuyahoga County Planning Commission (County Planning) to administer the Cuyahoga County Healthy Urban Tree Canopy Grant (HUTC) Program for Program Year (PY) 2024 was duly adopted with a unanimous vote.

Director Huang had to leave the meeting at 2:50 pm

Resolution No. 240208-B Requesting the conditional approval of the Preliminary Plan for the Willow Grove Subdivision, a proposed Residential Multi-Family Townhouse (RMF-T) Development, located on the south side of Bagley Road in Olmsted Township that proposes the development of 50 townhouses on 13.49 acres.

Ms. Meghan Chaney recognized in attendance representatives from Olmsted Township and Gross Builders. Ms. Chaney explained that the preliminary plan application for the Willow Grove Residential Multi-Family Townhouse (RMF-T) Subdivision, was submitted on January 10th, 2024 and involves 13.49 acres of land on a 29.23acre parcel. It proposes:

• 50 townhome dwelling units
• 772 lineal feet of roadway
• 1,675 lineal feet of sidewalk
• 70 acres of open space

Ms. Chaney started her report with the history & details of the original plans which proposed 202 townhomes on 29.23 acres of land and received approvals from Olmsted Township and Cuyahoga County back in 2005. Gross Builders filed a series of requests to extend the conditional approval of the Preliminary Plan from 2005-2008, before conditional approval expired in 2009. In 2013, Olmsted Township rezoned the subject property from RMF-T (townhomes) to R-40 (single family), and subsequently rejected a request by Gross Builders to approve a similar 202 townhome development and rezone the property back to RMF-T. A lawsuit was filed and in 2023, the Supreme Court ruled in favor of Gross Builders. In June 2023, the Olmsted Township BZA issued a zoning certificate for the RMF-T 202-unit townhome plan that was submitted in 2013.  However, Ms. Chaney reported the County subdivision regulations have been updated since 2013 such that the 202-unit plan no longer conforms to various required standards, most prominently within Section 106.3.A, which requires that developments with more than 50 units to have more than one means of egress.

Therefore, in November 2023, Gross Builders submitted a plan that included only 50 units of the original 202 and proposed disturbing only a portion of the site. Due to several remaining questions and concerns expressed by reviewing agencies, Gross Builders requested to table their Preliminary Plan application in December 2023 to address these concerns. Ms. Chaney continued that on January 10, 2024, Gross Builders resubmitted the 50-unit Willow Grove Preliminary Plan application for review and approval. Although this proposed Willow Grove preliminary plan conforms to the proposed 2013 general development plan approved by the Township, this Preliminary Plan does not represent a phased development: it is an independent preliminary plan and subsequent development of the site will necessitate the application of a new preliminary plan.

Ms. Chaney explained the findings that Gross Builders Homes of Ohio have submitted all requisite information and items according to Section 104.5 (II) of the County Subdivision Regulations. In accordance with Section 104.5 (III) of the County Subdivision Regulations, the Cuyahoga County Planning Commission circulated the preliminary plan to reviewing entities for review and comment. The reviewing agencies have found that the Willow Grove Preliminary Plan substantially meets the criteria set forth by the County Subdivision Regulations required to approve a preliminary plan.

In conclusion Ms. Chaney explained the recommendations & conditions of approval. The County Planning staff therefore recommend the approval of the 50-unit Willow Grove Preliminary Plan, subject to the following conditions:

1. The preliminary plan will be updated to indicate that open space shall be permanent rather than temporary and that permanent legal protections shall be placed on the open space;
2. Assurances shall be provided that the area outside of the area of disturbance will not negatively impact the aesthetics of surrounding property, water quality, or soil and sediment erosion;
3. Required permits and deposits shall be submitted to Olmsted Township as required by the Township Comprehensive Stormwater Master Plan regulations;
4. A favorable inspection of the preexisting foundation(s) must be made prior to the approval of improvement plans to ensure that the foundations(s) are in acceptable condition;
5. All items detailed by Public Works in the staff report shall be addressed with improvement plan submittal; and
6. Building and engineering plans shall be submitted to the Township Building Department for review and approval during the improvement plan phase.

Ms. Chaney explained the next steps in the process in which the developer shall meet conditions set forth in Resolution No. 240208-B. Gross Builders shall submit all required plans for the construction of improvements, stormwater management, and building to the Township and County. Once improvements have been installed, inspected, and found acceptable, Gross Builders may apply for the Final Plat to the County. Finally, Ms. Chaney stated that this conditional approval shall be valid for a period of two years from today’s date. All dedicated lands (including rights-of-way and other easements) within Phase 3 have already been accepted by County Council with Phase 3A Final Plat.

On a motion by Director Dever, seconded by Mayor Kurtz, Resolution No. 240208-B, requesting the conditional approval of the Preliminary Plan for the Willow Grove Subdivision, a proposed Residential Multi-Family Townhouse (RMF-T) Development, located on the south side of Bagley Road in Olmsted Township that proposes the development of 50 townhouses on 13.49 acres were duly adopted with a unanimous vote.

Resolution No. 240208-C Requesting the conditional approval of the Final Plat for the remaining portion of Phase 3, referred to as “Phase 3B” of The Sanctuary of Olmsted and the Preserve of Olmsted (The Sanctuary & Preserve) Planned Residential Development Subdivision in Olmsted Township.

Ms. Meghan Chaney introduced the Sanctuary & Preserve PRD Subdivision – Phase 3B Final Plat for the remainder of Phase 3 (Phase 3B) that was submitted on January 11, 2024.The project involves the subdivision of the remaining 3.18 acres in Phase 3 to create 16 additional sublots for single family detached homes. A phase of an overall development of that proposed the creation of a total of 136 sublots, to be subdivided in 5 phases.

Ms. Chaney gave a history of the project starting in February 2020, the Cuyahoga County Planning Commission granted conditional approval for the Master Subdivision Plan and Preliminary Plans for Phases 1 and 2 of The Sanctuary & Preserve PRD Subdivision. In May 2020, the Cuyahoga County Planning Commission granted conditional approval of the Preliminary Plans for Phases 3 and 4 of The Sanctuary & Preserve. On February 10, 2022, the Cuyahoga County Planning Commission granted conditional approval of the Phase 1 (Pulte) Final Plat, which permitted the creation of 38 sublots for single family homes. Phase 2 (Valore) and Phase 3 (Pulte) improvement plans were submitted in the following months, with Phase 3 improvement plans being approved before Phase 2 improvement plans.

On April 13^th, 2023, the Cuyahoga County Planning Commission granted a modification to the phasing requirements set forth in the County Subdivision Regulations, which allowed construction and platting of Phases 3 and 4 to proceed in advance of Phase 2, provided that:  Only 12 sublots be created in Phase 3 while only one access point exists, and once a second point of egress is constructed, inspected, and approved, the remainder of Phase 3 and Phase 4 may be platted. Pulte Homes has completed improvements for the entirety of Phase 3 and on July 13, 2023 the County Planning Commission approved the Final Plat for a portion of Phase 3, (referred to as “Phase 3A”) via Resolution No. 230713-C, which authorized the creation of 12 residential sublots and Blocks “I” and “J”. In the following months, Pulte Homes constructed the second point of egress, and it was inspected and approved by Public Works and the Township. Finally, Ms. Chaney reported that on January 11, 2024, Pulte Homes applied for Final Plat approval for the remainder of Phase 3 (referred to as “Phase 3B”), which proposes the creation of an additional 16 residential sublots in Phase 3.

Ms. Chaney and the staff found that Pulte has submitted all requisite information and items according to Section 105.6 of the County Subdivision Regulations, Phase 3 improvements have been maintained and are in acceptable condition, and the second point of egress has been constructed, inspected, and approved. The Final Plat is consistent with the Preliminary Plan and conforms with applicable Township regulations. The conditions set forth for the approval of the Phase 3 Preliminary Plan have been addressed as have conditions set forth in the resolution authorizing the modification to the phasing.

The recommendations & conditions of approval from the County Planning staff therefore recommends the approval of the Final Plat for Phase 3B of The Sanctuary & Preserve PRD Subdivision, subject to the following conditions:

1. The final plat is updated to include ownership information for the two parcels involved (completed);
2. Written assurances that Pulte Homes shall make those adjustments to temporary lighting in Phase 4 if deemed necessary;
3. Barriers shall be installed to restrict resident access to Garden Path in Phase 4;
4. A temporary ingress/egress easement shall be provided to and approved by the Township ; and
5. An application for the temporary access signage shall be submitted to the Olmsted Township Building Department for approval.

Ms. Chaney stated that once conditions have been met, the Cuyahoga County Planning Community Executive Director will sign the Final Plat and the developer can file the Phase 3B Final Plat with Cuyahoga County and the sublots will be created.

On a motion by Director Dever, seconded by Mayor Burke, Resolution No. 240208-C, requesting the conditional approval of the Final Plat for the remaining portion of Phase 3, referred to as “Phase 3B” of The Sanctuary of Olmsted and the Preserve of Olmsted (The Sanctuary & Preserve) Planned Residential Development Subdivision in Olmsted Township was duly adopted with a unanimous vote.

NEW LOGO & BRANDING
Director Cierebiej gave a big “Thank You” to internal committee members – Rachel Novak, Annette Linden, Susan Infeld and Kevin Leeson- and to the consultants at Studio Chartreuse on the new Agency logo! The new logo & branding will be rolled out with 2023 Annual Report. Budget constraints will limit rebranding of marketing collateral & website, but there is a lot of excitement about our new identity.

FINANCIAL REPORT
Ms. Jennifer Karaffa gave a financial report starting with last year’s approved 2023 operating budget which totaled $3,008,937 with personnel costs (both salaries & benefits) being the largest expense at 90%. Contracts were the second largest budget category totaling $1,047,267 but with $950,000 dedicated to a new round of funding for the Healthy Urban Tree Canopy (HUTC) grant program. Approximately $40,000 was funded for basic operations, and includes office supplies, software expenses, employee development costs, and chargebacks for County-provided services such as mail and copier. Ms. Karaffa explained that County Planning expended its entire 2023 budget and was subsidized with an additional $3,000.00. She noted this was the first time in ten (10) years that County Planning ended the year slightly over budget-primarily in total benefits costs-, and the shortfall had been forecasted ahead of time.

Ms. Karaffa recognized that while County Planning receives a general fund subsidy to operate, County Planning also generates revenues by charging for some services, yet these funds go back into the general fund and do not stay with County Planning. Ms. Karaffa shared a five (5) year trend on revenues received for services since 2019; revenues which rebounded after COVID and last year totaled more than $234,000.00, dollars brought back by County Planning into the County General fund.

Ms. Karaffa then discussed the Biennial Budget preparation for 2024 and 2025. The Proposed Budget was $2,936,819 for 2024 and $2,022,191for 2025, both deemed insufficient to maintain current staffing levels. Director Cierebiej advocated for more funding, to fully cover personnel and benefits costs, increased operating costs over 2023 and known contractual obligations. County Council approved additional appropriation and County Planning’s final approved budget is now $3,057,819 (+$121,000 requested) for 2024 and $2,159,526 (+$137,000 requested) for 2025. Unlike prior biennials, this biennial budget does not include the funding for the Healthy Urban Tree Canopy Grant within the operating budget but has been put into a direct, separate budget account and is funded in 2024.

Ms. Karaffa also explained that the requested additional appropriation granted by County Council went to maintain current staffing (19 FTEs) and cover existing personnel and benefits costs and not any vacancies or open positions such as the Principal Planner position. Ms. Karaffa also noted that all the requested appropriation was added to the salaries account and not distributed among the other accounts held. This distribution left very little for contractual obligations leaving only $821.00 for the year, and fewer dollars for operations than was spent in 2023. County Planning has been working with the Office of Budget and Management asking them to realign the budget to reflect a more realistic breakdown of the funds where they were requested and needed. This is an action that must now go back to the County Council for approval, so County Planning has been trying to add it to the Council meeting agenda.

A question was asked about a mechanism that allows County Planning to keep the revenue generated by the Planning Commission, and Director Cierebiej explained that there is not, but if there is a specific need then the request for more funding can be made. Another question was asked about whether benefits costs-which were higher than budgeted in 2023 for County Planning- were also higher across the board for other County agencies or whether it was specific to County Planning. Ms. Karaffa responded that while hospitalization and retirement costs were generally higher Countywide, the County Budget Office primarily funds benefits for full-time employees and yet, County Planning has year-round interns and fellows that incur a portion of benefit costs like OPERS and Medicare, but which were not accounted for when appropriation was budgeted by the Budget Office.

Mayor Daily Jones left the meeting.

EXECUTIVE DIRECTOR’S REPORT
Director Mary Cierebiej started her report by welcoming Ms. Sidney Bacon, an intern from the University of Cincinnati, and reporting that Mr. Micah Stryker welcomed a baby girl named Cora. Director Cierebiej continued with reporting on the community planning grants program receiving seven (7) applications this round from the following: the City of Maple Heights, the City of North Olmsted, the City of Cleveland Heights, the City of Independence, the City of Richmond Heights, and Olmsted Township. The reviews are underway with scoring next week and awards by March 1st.

Director Cierebiej also noted that County Planning has been working with many departments in the County and supporting the other departments and the County Executive’s Office in any way needed to be a resource. In terms of hiring, the summer internship has been posted and the Principal Planner posting is being finalized and will be posted soon. Director Cierebiej also stated that she is excited to report that Crain’s Cleveland Business has interviewed County Planning on the Greenprint Explorer Tool and to watch for an article soon. Finally, Director Cierebiej reported that the Annual Report is expected to be released in March 2024.

OLD BUSINESS
There was no old business.

NEW BUSINESS
There was no new business.

ADJOURNMENT
On a motion by Councilperson Simon, seconded by Mayor Gallo, the Planning Commission meeting was adjourned at 3:21 p.m.

Next Tentative Meeting

March 14, 2024

CUYAHOGA COUNTY PLANNING COMMISSION
MEETING ATTENDANCE
FEBRUARY 8, 2024

Annette Linden, County Planning

Alison Ball, County Planning

Meghan Chaney, County Planning

Rachel Novak, County Planning

Jennifer Karaffa, County Planning

Moreen Riley, County Planning

Sidney Bacon, County Planning

Joseph Schaller, Olmsted Township, Consultant

David Riepenhoff, Olmsted Township, Attorney

Rick Porter, Willow Grove

Trent Dyel, Willow Grove

Jim O’Connor, Pulte Homes

Brian Sowers, County Public Works

Kimberly Kerber, Willow Grove/Mackay Engineering

Kevin Westbrooks, GPD Group

Janice Tubbs, City of Garfield Heights

Christopher Alvarado, County Regional Collaboration

Chris Ronayne, County Executive