History

History of the Proposed Oakwood Commons Development

  • Key abberviations:
    • SE = South Euclid
    • CH = Cleveland Heights
    • FISE = developer Mitchell Schneider (a.k.a. First Interstate Properties, Ltd.)
    • CfO = Citizens for Oakwood (community group opposed to retail development on the Oakwood land)
  • Key documents:
    • FISE press release (30-Dec-2010) announcing purchase of SE portion (62 acres) of Oakwood property and intention to purchase the CH portion (92 acres). FISE will develop 41 acres of SE land as “multi-tenant retail” and donate 21 acres to SE for a park. FISE claims to have been “working closely” with the SE administration and the press release contains a lengthy quote by SE Mayor Welo supporting the development.
      • SE Councilperson Jane Goodman was quoted in the 11-Jan-11 Cleveland Plain Dealer: “We’re sitting like a homeless guy with a tin can held up and somebody comes and gives us enough money to live on for an entire year and says ‘You’ll get this for the next 20 years.’ If we said ‘No thanks,’ I can’t imagine that our residents would appreciate that. I don’t mind a knight on a white horse.”
      • Press release remains on the SE website (as of 17-Jul-2011) despite a request by Fran Mentch to either allow CfO “equal time” or to remove it.
    • FISE FAQ document:
      • Multi-tenant retail and restaurants.
      • Paid $1.8M for 62 acres of SE property.
      • Option to purchase 92 acres of CH land by 30-Apr-2011.
      • Expect to begin construction of retail by late summer of 2011.
      • Expect park to be available by fall of 2011.
      • Compared to Steelyard Commons and Avon Commons.
      • Oakwood Commons will be a “model for sustainable design”.
      • Includes preliminary site plan.
    • Oakwood Commons web site. In particular see the “mailer” under “project details”. This mailer was sent by FISE to (some) residents of SE and CH in February 2011.
    • Application for rezoning submitted by FISE to SE:
      • 325,000 square feet of multi-tenant retail.
      • $45M investment, 400 full-time equivalent jobs, $12M payroll.
      • $1.7M property taxes:
        • $1.1M to CH/UH schools.
        • $250k to SE.
        • $100k to libraries.
        • $300k to Cuyahoga County.
    • Conceptual designs 1 and 2. Bird’s-eye-view sketches of possible Oakwood Commons layouts, including park. SE land only.
    • Proposed design for 21-acre park is a map showing access, parking, trails, and configuration of “storm water wetlands” detention basin.
    • Rezoning ordinance 05-11. Change zoning of Oakwood land from R-75 “single-family residential” to C-2 “general commercial district”.
    • Traffic impact study.
      • As of 17-Jul-2011, the traffic impact study has not taken into account the imminent reconstruction of SE’s Cedar Center North shopping center, even though it is located less than one mile from the proposed Oakwood Commons.
    • Mitigation analysis by SE Planning Commission. Actually, there are several versions (mitigation analysis 2, mitigation analysis 3).
    • SE Comprehensive Plan:
      • The Comprehensive Plan approved by SE City Council in 2000 states (page 33): “It is important to note that this policy reflects the position that this site [Oakwood] should not be developed for retail uses.”
      • Updates to the 2000 Comprehensive Plan were recommended by the Planning Commission in 2005 and 2010, but were not approved by City Council. Neither of these updates altered the statements about Oakwood from the 2000 Comprehensive Plan.
      • Another update to the Comprehensive Plan was recommended by the Planning Commission on 14-Apr-2011. Among other changes, this update encourages commercial development of the Oakwood land. A City Council public hearing regarding this update was held 18-May-2011 and it was approved unanimously by City Council on 13-Jun-2011.
    • The McKenna report attempts to show that rezoning is consistent with the “spirit” of the Comprehensive Plan despite the fact that retail development of Oakwood is expressly forbidden. The report suggests updating the Comprehensive Plan to make it consistent with retail development of Oakwood. The report was written by John Cieszkowski (consultant from McKenna Associates).
    • Economic impact analysis by Rick Seifritz of Team NEO for the Greater Cleveland Partnership. Based on FISE estimate of number of square feet of retail and using Westgate Shopping Center as a model of the mix of various types of retail, this report uses tabulated factors from the Urban Land Institute to estimate numbers of jobs, wages, income tax revenues, and Gross Regional Product. Concludes that Oakwood Commons will generate $470k ($524K with a grocery) of annual SE city income tax. Analysis does not consider any costs, such as increased policing or traffic maintenance, nor does it consider competitive effects on existing businesses.
      • Comment on the Seifritz report by Dr. Mark Salling of Cleveland State University: “I skimmed it and talked to the author. The study just says that given some national rates, retail of the kind listed in the report generates a certain amount of revenue and thus taxes. It does not consider competition, displacement of other retail, market size, or anything that would tell you the development is viable or otherwise a good thing. You could put that retail space at the North Pole and the report would say the same thing.”
    • Retail “gap” analysis. Mr. Schneider’s response to claims that there is already too much retail in the vicinity of Oakwood Commons.
    • Development agreement between SE and FISE. Contract governing the 41 acres of commercial development by FISE.
    • Donation agreement between SE and FISE. Contract governing the donation to SE by FISE of 21 acres of land for a park.
    • Public benefit agreement between SE and FISE. Contract governing FISE’s responsibilities for the 21-acre park.
  • SE City Council meetings:
    • 10-Jan-2011
      • First reading of ordinance 01-11 to rezone Oakwood property from R-75 “Single-Family Residential” to C-3 “Special Commercial District”.
    • 14-Feb-2011
      • First reading of ordinance 05-11 amending ordinance 01-11. Change rezoning from C-3 “Special Commercial District” to C-2 “General Commercial District”, and declare an emergency.
      • Fran Mentch (and others of CfO) questioned the reason for the rezoning change and the emergency declaration, but were told nothing of substance.
    • 28-Feb-2011
      • Fran Mentch addressed council suggesting that rezoning of Oakwood is not consistent with the 2000 Comprehensive Plan.
    • 25-Apr-2011
      • Second reading of ordinance 05-11.
      • Meeting minutes not available as of 17-Jul-2011.
    • 09-May-2011
    • 18-May-2011
      • Public hearing regarding Comprehensive Plan update recommendations from the Planning Commission. No transcript available.
      • Meeting minutes not available as of 17-Jul-2011.
    • 23-May-2011
      • Second readings of the following resolutions: 18-11; 20-11; 21-11; 22-11; and 23-11.
      • Meeting minutes not available as of 17-Jul-2011.
    • 25-May-2011
      • Public hearing regarding rezoning recommendations from the Planning Commission. CfO commissioned court reporter to provide transcript. CfO also compiled a summary of the transcript.
      • Richard Wong (CH Director of Planning and Development) submitted a letter.
      • Richard Sones (CH resident) submitted a letter.
      • Meeting minutes not available as of 17-Jul-2011.
    • 13-Jun-2011
      • Third reading of resolution 18-11 (update to Comprehensive Plan); unanimously approved by City Council.
      • Meeting minutes not available as of 17-Jul-2011.
    • 27-Jun-2011
      • Third reading of ordinance 05-11 (rezoning). Third readings of the following resolutions: 20-11; 21-11; 22-11; and 23-11. All unanimously approved by City Council.
      • Meeting minutes not available as of 17-Jul-2011.
  • SE Planning Commission meetings:
    • 13-Jan-2011
      • Materials distributed to Planning Commission members related to rezoning application.
    • 10-Feb-2011
      • Discussion of rezoning application.
      • Richard Wong (CH Director of Planning and Development) submitted a letter (not available) requesting 150-foot setbacks.
      • Mitchell Schneider present.
    • 17-Feb-2011
      • Mitchell Schneider made presentation on proposed Oakwood Commons project.
      • Discussion of traffic impact study of Oakwood Commons.
    • 24-Feb-2011
      • Discussion of donated parkland.
      • Mitchell Schneider present.
    • 03-Mar-2011
      • Discussion of gas wells and McKenna report.
      • John Cieszkowski (consultant from McKenna Associates and author of McKenna report) suggests revising Comprehensive Plan to make it consistent with Oakwood rezoning.
      • Mitchell Schneider present.
    • 10-Mar-2011
      • Public hearing on Oakwood rezoning. No transcript available. Minutes include only the names and addresses of people who signed in at the start of the meeting intending to speak.
      • Richard Wong (CH Director of Planning and Development) submitted a letter and graphics (rendering 1 and 2).
      • Mitchell Schneider present.
    • 17-Mar-2011
      • Discussion of “minor lot split” application, concerning separation of the part of the SE land which is to be donated as a park (to remain residentially zoned) from the commercial portion.
      • Discussion of mitigation analysis (particularly traffic) and update to Comprehensive Plan.
      • The update to the Comprehensive Plan appears to be tightly coupled to the rezoning request.
      • Mitchell Schneider said that he has “exercised” his option on the CH land, but has not yet completed the purchase. (As of 17-Jul-2011 the title of the land still has not transferred.)
    • 24-Mar-2011
      • Discussion and unanimous approval of “minor lot split” application.
      • Discussion of update of Comprehensive Plan and mitigation analysis.
      • The document “starting point for discussion regarding the Oakwood development” mentioned in the minutes is not available.
      • Tracie Zamiska (member of the Planning Commission) volunteers to assist Mr. Cieszkowski with updating of the Comprehensive Plan.
      • Art Goddard (Planning Commission Chairman) said he had done some “legal research” and dismissed accusations of spot zoning as groundless. These comments were apparently in response to an open letter by Richard Sones sent to the Planning Commission shortly before 24-Mar-2011.
      • Mitchell Schneider present.
    • 07-Apr-2011
      • Discussion of Development Agreement, retail “gap” analysis, and update of Comprehensive Plan.
      • Mitchell Schneider present.
    • 14-Apr-2011
      • Tracie Zamiska makes statement (see Internet video) denying that the Planning Commission is engaged in spot zoning, describing the process as “spot planning”.
      • Unanimous approval of Development Agreement, rezoning application, and update to the Comprehensive Plan.
      • Mitchell Schneider present.
      • Meeting minutes not available as of 17-Jul-2011.
  • CfO
    • CfO web presence: Citizens for Oakwood.
    • First postcard mailing to SE residents:
      • Sent to every SE address (4456 total) with one or more voters who voted in the November 2010 election.
      • Goal: Raise awareness of Oakwood Commons project in SE and encourage participation in CfO.
    • Second postcard mailing to SE and CH residents:
      • Sent to every SE address (4456 total) with one or more voters who voted in the November 2010 election.
      • Sent to every CH address (675 total) in the region bounded by Cedar, Taylor, Mayfield and Warrensville roads with one or more voters who voted in the November 2010 election.
      • Goal: Encourage a large turnout for the SE City Council public hearing (25-May-2011) on rezoning.
    • Referendum petitions:
      • Petitions containing about 550 signatures of SE registered voters were submitted to Keith Benjamin (SE Clerk of Council) on 11-Jul-2011.
      • Summary of expenses incurred in circulating and photocopying petitions was filed with Keith Benjamin a few days after 11-Jul-2011.
    • SE Ward meetings:
      • SE held a series of Ward meetings and allowed the developer to make presentations at them and answer questions. CfO representatives were either not allowed to attend, or not allowed to speak.
    • Citizens for Oakwood Coalition form.
    • Will there be a Walmart Supercenter at Oakwood Commons?
      • Mitchell Schneider, when asked directly in an open letter, does not deny it.
      • Several of Mitchell Schneider’s developments contain stores owned by Walmart.
      • There are other reasons to suspect Walmart would consider locating at Oakwood Commons.