Residents voice opinions on zoning changes for Concordia development

by Laura Bednar

Aug. 13 city council meeting

Preceding the Independence City Council meeting was a public hearing on a proposed zoning overlay district for property the city purchased from Concordia Lutheran Church, which would allow for smaller housing lot sizes than existing zoning permits.

Economic Development Director Jessica Hyser said the plan is to build single-family, maintenance-free homes. She noted that other developments in the city, such as Independence Estates, do not conform to the zoning code.

The planning commission recommended that city council approve the overlay, which would be applied to the existing U-1 single-family dwelling residential-zoned land. Hyser said the overlay would reduce the need for multiple building variances.

Several residents spoke during the public hearing, the majority opposed the overlay and development.

Resident Cathy Lopatka stated her concern that if an overlay district were part of the zoning code, the city could not refuse other developers who wanted to utilize the overlay district for a project.

Resident Pam Dengler said, “If there is sufficient reason to change the rules, it should go before voters.”

Resident Matthew Benkner said if the development requires more than three variances per house, it shouldn’t be allowed. His home is near the bottom of Stone Road, and he said water runoff already affects his home, and the new development would exacerbate that issue.

Kristin Oswick, a Brecksville resident and former Independence resident, said there was a similar push for a development on Concordia property 18 years ago and people voted it down.

“[There was an] effort to intimidate myself and my peers while we questioned the proposal,” she said. Oswick also asked that Mayor Greg Kurtz recuse himself from actions involving the Concordia property due to his previous support of development.

In favor of the development was former city councilperson Kathleen Kapusta, who thanked city officials for “looking beyond what is to what could be.” She said a maintenance-free development would provide a way for people to remain in the community. “We have a responsibility to look out not just for ourselves but to look out for what we can do for others,” she said.

Resident Katie Saylor acknowledged the city for using its resources to help residents who want to remain in the city. However, she said a few houses near the development area already sold and more people would leave if the development goes through. One such resident is Rick Rutkowski, who said he would move from his home on Public Square, which abuts the Concordia property.

Resident Jeff Blumenthal suggested the former middle school property on Brecksville Road would be a more appropriate place for the development. As a Stone Road resident, he also was concerned about water runoff. He said Councilperson Jim Trakas told him he experienced backyard flooding at his Brettin Drive home after Lake Charles Estates was built, and though city officials said the two were unrelated, Trakas spent $15,000 to address drainage issues in his yard.

Resident Sarah Szweda said if a zoning change is required to entice developers to build, maybe the development is not the best use of the land. She urged council to obtain detailed numbers on how many residents are for and against the development. Szweda said instead of rushing through a zoning change, council should “reject this overlay in favor of further exploration of our options.”

No action was taken on the legislation creating the overlay district.

Trees

During the regular council meeting, the city accepted a $59,335 reimbursement grant from Cuyahoga County’s Healthy Urban Tree Canopy grant program for tree inventory and planting. Independence must provide a 10% local match of grant funds for supplies and labor, totaling $5,933.

Parks and Recreation Manager/Sustainability Coordinator Ryan Wancata said the funds would be used to conduct a tree inventory of Elmwood Park and the city campus, Maple Shade Cemetery, sections of Hemlock Trail and the Haydite Mine area. The inventory would be added to the city’s geographic information systems map – which includes data like land parcel numbers and utility locations – to track and manage the tree canopy through pruning and eliminating invasive species.

Wancata said the recreation department would plant 20 trees throughout Elmwood Park, Hemlock Trail and potentially Maple Shade Cemetery.

Finances

Council approved amendments to the city’s annual appropriations including:

• Transferring $600,000 from the municipal income tax fund; moving $300,000 to the rainy day fund and $300,000 into the self insurance fund.
• Increasing the federal forfeiture fund from $150,000 to $200,000 for the police department to purchase fitness equipment. Police Chief Robert Butler said federal forfeiture funds (money and assets acquired through criminal activity) cannot be used for day-to-day operations. According to the legislation, the fund has received just over $175,000 to date, making the appropriation possible.
• Increasing the amount of the NW Quadrant TIF Fund from $0 to $3,000 for legal expenses related to the quadrant. Developer Industrial Realty Group purchased 33 acres in the northwest quadrant of the city and agreed to design, plan and construct a development but did not submit a plan within the 360-day timeline after purchasing the land in 2019. The city filed a complaint with the Cuyahoga County Court of Common Pleas in 2021 to nullify the agreements based on IRG’s breach and order distribution of $25,000 in escrowed funds to the city. The case is ongoing. ∞