Gaydosh Says Voters Again Denied Right to Vote on Zoning Map

Gaydosh Say Voters Again Denied Vote on Zoning Map

At the January 13, 2015 ‘Public Hearing’ for the rezoning application for two parcels of property on Rt. 82 zoned C5 Mixed Use (Commercial/Residential) rezoned to C3 Commercial, Sally Gaydosh, longtime activist for the citizens right to vote guaranteed in the City Charter, said that the zoning map has over 60 parcels of land that were rezoned to C5 Mixed Use without a public hearing or a vote of the people AGAIN! Gaydosh whom you will recall has six times been victorious with favorable Court rulings when defending the people’s right to vote on zoning district regulations known at Title III or changes to the zoning map for more than a decade. The right to vote on changes to Title III Zoning District Regulations or changes to the zoning map are guaranteed in the City Charter under Section 7A.01.

According to Gaydosh there are sixty (60) plus parcels of property in the downtown development area changed in 2008 from C2 (Commercial), R7 (Residential), and PF (Public Facility) to C5 Mixed Use (Commercial/Residential) and no public hearing or vote of the people authorized these changes to our zoning map. If these accusations prove correct, the City of Twinsburg Mayor, City Council, Law Director, and Director of Planning and Development have some real zoning issue(s) to provide answers for to the voters. Did the legislation authorizing the placement of C5 Regulations on the ballot include proper legal terminology to include the massive changes to the zoning map? Was there a public hearing regarding these 60 plus parcels of property being rezoned? Where the adjacent property owners notified of the public hearing per legal requirements? When and what exactly did the ballot say regarding the rezoning of 60 plus parcels of land along with identifying parcel numbers?

There is no disagreement regarding the Planning Commission proposing C5 District Regulations and making a recommendation to City Council that they be adopted by vote of people. However, there appears to be no clear procedural adoption of the rezoning and map changes recommended by the Planning Commission. The legislation, Ordinance 69-2008, from the Law Director prepared for City Council consideration and election ballot are in question and rightfully so. Someone must be accountable for this major and potentially costly mess. If the facts presented are confirmed, the City leadership has a real boondoggle on their hands with the admitted current problems in Title III regulations and now adds to that the zoning map being challenged as improperly changed and by whose authority!

Loren Sengstock, Citizen Auditor, questioned the current rezoning application filed. How can City Council abandon the current ‘Comprehensive Plan’ by allowing the intrusion into a C5 Mixed Use District by extending the C3 zoning and thereby remove the transitional property that had a zoning classification of C5 since 1989? If the Council allows this rezoning request, the next property owners will most likely make similar requests leading to a potential commercial corridor of fast food restaurants and retails shops similar to Streetsboro and not their hoped Hudson image of quaint hometown businesses as touted by all of City Council and Mayor Procop for the last decade and contained in the adopted 2014 ‘Comprehensive Plan’.

Sengstock also challenged the waiving of a deposit of $375 which should have accompanied the rezoning application. Who waived this fee and for what purpose? City ordinances clearly call for a $375 deposit; the Council and citizens are entitled to know why? If the City Administration cannot provide evidence of proper administration of Development Escrow deposits and associated City costs charge backs, then City Council should request a ‘Special Audit’ by independent auditors and figure this out. A ‘Special Audit’ would provide independent confirmation of compliance with the laws or could cause ‘Findings for Recovery’ in favor of the taxpayers if the laws were not properly and lawfully administered. This is a serious financial matter that deserves serious attention by City Council.

Although the Mayor may waive certain fees under certain circumstances, it is doubtful that would include completely ignoring the City ordinances requiring escrow deposits from developers to defray the costs of City staff like Engineering, Planning, Legal Reviews, City Planners, etc. Many communities require escrow deposits and administer cost allocations to offset the financial impact on taxpayers so that developers are not subsidized with indirect tax dollars by the City providing free development services. Have developers been the recipients of $100,000’s of subsidized indirect tax dollars over the past years? If my suspicions are correct then City Council should demand a ‘Special Audit’ to protect the taxpayer’s confidence and demand accountability of the Mayor and City Administration?

At the public hearing many unanswered questions remained outstanding. The rezoning legislation was tabled by City Council so answers to questions could be found. It was troubling and concerning to attend a public hearing where it appeared no one at the head table could provide a copy of the application or zoning map(s) with which to intelligently discuss the issues. The Law Director, David Maistros, stated that the parcels requested for rezoning where not zoned C5 in 1989, however, Sengstock respectfully disagreed and stated that if City Council looked at the Zoning Regulations and Base Zoning Map from 1989 lawfully voted on and approved by a majority voters, they would find the C5 Zoning District and Regulation existed as Sengstock stated.

The citizens and taxpayers of Twinsburg appear to be paying for First Class seats and once again riding in Coach Class! If the voters have once again been denied their right to vote, a travesty of immense proportions could be in the making. Perhaps the lucky number seven may not prove lucky for City leadership in these issue(s).

Does anyone on City Council have the courage and fortitude to challenge the status quo of thinking and acting like a singular political android? Like Benjamin Franklin was fond of saying, ‘When everyone is thinking the same, no one is thinking’!

The videos for portions of the ‘Public Hearing’ and City Council meeting of January 13, 2015 are available at the www.activecitizensoftwinsburg.com website, under the Zoning Map & Regulations tab.

Loren Sengstock, Citizen Auditor