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Rocky River
Neighborhoods
VOTER APPROVAL OF ZONING CHANGES
(Explanation) As a Non-Attorney
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Allow all voters 'an automatic final
approval' - on all zoning changes or use
changes approved by City Council.
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(Example: rezoning a
residential neighborhood to a shopping
center),
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Voters will approve re-zoning decisions
city-wide and in affected ward(s),
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Variances like driveways, sidewalks,
fences, air conditioners are not
voted on!
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Primary, Regular and Special Elections
permitted.
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Special Elections paid by initiators.
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"We need to give more power for
Rocky River Voters. That's the
bottom line."
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Your Proposed Charter Addition!
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ARTICLE 3, SECTION
13, SUBPART 4
(4.)
MANDATORY
VOTER APPROVAL OF ZONING CHANGES.
A)
An ordinance, resolution, or other action, which
is legislative in nature, affecting a change in
the zoning classification or district of any
property within the City of Rocky River, Ohio,
shall not become effective, after passage
thereof, until Council submits such ordinance,
resolution or other action to the electorate at
a regularly scheduled election in November or a
primary election occurring more than 60 days
after passage, and such ordinance, resolution or
other action is approved by a majority of the
electors voting thereon in this Municipality,
and in each ward in which the change is
applicable to property in the ward.
B)
An ordinance, resolution, or other action, which
is legislative in nature, affecting a change in
the uses permitted or prohibited in any zoning
classification or district of any property
within the City of Rocky River, Ohio, shall not
become effective, after passage thereof, until
Council submits such ordinance, resolution or
other action to the electorate at a regularly
scheduled election in November or a primary
election occurring more than 60 days after the
passage, and such ordinance, resolution or other
action is approved by a majority of the electors
voting thereon in this Municipality, and in each
ward in which the change is applicable to
property in the ward.
C)
The
requirement of mandatory voter approval of
zoning changes in this Municipality and in each
ward in which the change is applicable to
property in the ward shall also apply to changes
in zoning classification or district, permitted
uses or prohibited uses sought to be affected by
initiative petition.
D)
The
initiator(s) of any initiative petition may
request and receive a special election for their
petition provided all of the requirements of
Subsections A), B), C), D), E), and F) are
followed, and only after the initiator(s) agrees
to pay all costs of the special election and
further posts a bond covering said costs with
the Director of Finance for the City of Rocky
River, Ohio.
E)
All
ordinances, resolutions, proclamations, motions
and Charter provisions inconsistent with this
subpart are hereby repealed and declared null
and void.
F)
This
subpart shall be severable and if any part, word
or application thereof is held invalid for any
reason, such holding shall not invalidate or
affect the force and effect of any other part,
word or application therof.
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Why is 'Voter Approval of Zoning
Changes' so important to Rocky River residents?
1. The
City of Rocky River is already built up. We
need 'citizen control' to make sure - future zoning
changes and a new master plan will not
turn Rocky River into a 'urban/suburban
community'.
2. 'Voter
Approval of Zoning Changes' will give
resident's oversight and final say on
- politician's and special interest's
redevelopment schemes.
3. 'Voter
Approval of Zoning Changes' will allow
residents in the Ward and throughout the
City 'final approval' on all zoning changes
- that are
first approved by Rocky River City Council.
4. Residents should decide zoning changes
because
they understand and are qualified to know
what's best for their neighborhood and their
city.
5.
Not some Rocky River politician in a tower -
at city hall.
Why must 'Rocky River's Master Plan' be
controlled by 'Voter Approval of Zoning
Changes' ?
Rocky River is just half Lakewood’s size and
a third of Lakewood’s population … yet Rocky
River’s master plan project is reported as
“five times as large as Lakewood’s West End
plan.”
(... quote taken - from article titled:
“Rocky River planners draft downtown plan”
The Plain Dealer, February 12, 2004)
"
Rocky River - The city's master plan, which took more that a year
to complete and was expected to be approved by the end of the
year, now will be held and discussed by the Planning Commission
until June. Planning Commission will study each of the
nine focus areas individually before making final
recommendations to City Council. ... The nine focus areas
include the Old Detroit, Middle Detroit and Linda Street areas;
Yacht Club basin; Detroit Road; Wooster Road; Hilliard
Boulevard; and Center Ridge Road East and West."
...
from article
titled: “Master plan will wait until June" The Sun Herald,
November 11, 2004
In Conclusion. That
is why there is no debate on the importance of 'Voter Approval
of Zoning Changes' in Rocky River. Don't look for 'The
Devil in the Details' on this issue - there aren't any.
'Voter
Approval of Zoning Changes' let's residents take back their neighborhoods and
their city - from the 'special interests' who
just want to make a buck by destroying the look of
our community.
Ladies and
Gentleman I ask you - did we as Rocky River residents move to
Rocky River to have our 'New England Style' of community -
turned into an 'Urban/Suburban' city? NO!!
Fred I. Sokol
A form of
"Voter Approval of Zoning Changes"
is used by these
Cuyahoga County Communities:
Fairview Park - North Olmsted - Westlake - Bay Village -
Middleburg Heights
- Brooklyn Strongsville - North Royalton - Broadview Heights - Seven
Hills - Independence Garfield Heights - Brecksville - Oakwood Village - Solon
Orange Village - Pepper Pike Moreland Hills Village - Richmond Heights - Highland Heights -
Mayfield Village
(Cuyahoga County Planning
Commission 1994)
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(READ)
AREA NEWSPAPER ARTICLES ABOUT ...
ROCKY RIVER REZONING, AND
WHAT ROCKY RIVER RESIDENTS AND CITY GOVERNMENT ARE DOING
ABOUT IT AS WELL !
(coming soon ....)
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 FRED I. SOKOL'S
THOUGHTS ON
!
" ROCKY
RIVER'S
CHARMING
AND
BEAUTIFUL
NEIGHBORHOODS AND GREEN SPACE."
______________
"Rocky
River’s beauty and
our political power to preserve
that beauty
is fading away!."
______________
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(READ BELOW)
WHY AND HOW WE CAN PROTECT AND
PRESERVE
OUR ROCKY RIVER HOMES AND NEIGHBORHOODS!
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"
The fabric of American empire ought to
rest on the solid basis of THE
CONSENT OF THE PEOPLE.
The streams of national power ought
to flow immediately from that pure, original fountain of all
legitimate authority."
Alexander Hamilton
1755-1804
American Statesman, First
U.S. Secretary of the Treasury, A Writer of The Federalist, A
Signer of the United States Constitution, and an American Hero
(from)
The Federalist No. 22
Friday, December 14, 1787.
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"PRESERVE"
ROCKY RIVER'S NEIGHBORHOODS !
- an editorial -
Dear Fellow Rocky River Citizen,
We know why we live in Rocky River because of our charming and beautiful
neighborhoods and green space.
We have walked Rocky River’s streets and seen Rocky River’s beauty.
However, Rocky River’s beauty and our political power to preserve that beauty is
fading away!
'Rocky River Voter Approval of Zoning Changes' puts re-zoning
that affects the
beautiful neighborhoods of Rocky River to an automatic oversight of the voters.
My desire to pass "voter approval of re-zoning" throughout all our neighborhoods
will never wane, will never falter. I hope you share this feeling as
well.
Presently we are strengthening our committee. A consensus will then
decide a new way to pass Rocky River Voter Approval of Zoning Changes so we are
assured it will pass and benefit Rocky River home and property owners.
Contact me if you or someone you know may want to participate in this effort
now. I guarantee this effort will not stop until it passes!
Thank You
for listening!
FRED I. SOKOL
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HOW CAN WE
PRESERVE
OUR
NEIGHBORHOODS?
1.
Rocky River City Government Officials must
meet, inform and listen to 'our' citizen concerns on city hall
decisions that will affect the value of our homes and our
businesses in Rocky River.
I encourage Citizens and River officials to do
this.
2.
Citizens
must directly decide neighborhood matters.
3.
City Hall must also seek to upgrade our city
infrastructure of streets, sewers, and waterlines.
4.
I will implement
"VOTER APPROVAL
OF ZONING CHANGES."
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'NO'
TO ROCKY RIVER
RE-DEVELOPMENT !
- an editorial -
Dear Fellow Rocky River Citizen,
Will Rocky River government take
citizens’ homes for redevelopment? Citizen outrage would surpass
10 years ago.
City Officials can use a ‘new city master plan’ to
tear down/rebuild Rocky River. If so, developer/builders will prosper.
River officials think residents cannot stop ‘special
interests’ from destroying/rebuilding River’s neighborhoods, not so.
Citizens vehemently stopped a similar attempt in
1993. City officials/liberal elite wanted a regional jail built in a
residential /business district.
Residents watch city government’s moves at council
‘like a falcon.’
If River government and special interest
‘redevelopment schemes’ intrude our beautiful neighborhoods . . . citizens will
act.
FRED I. SOKOL
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Rocky River Residents petitioned
Rocky River City Government in 1999 and in 2001 to have a "final say"
when zoning changes are approved by Rocky River City Council.
Our
'petitioned requests' were rejected and
opposed at 'Election Time' by Rocky River City Hall and Rocky River City Council.
Fred I. Sokol
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Voter Approval
of Zoning Changes:
" My proposal was inspired by a 1993 draft
by
Rocky River City Hall of a
resolution
(26-93) which
concerned acquiring
property to build a
misdemeanor
detention center
and relocate the Municipal Court.
The
'regional minimum security jail' was stopped within a
non-zoned area, near a Rocky River residential area.
Because of this event, I realized that a law securing residents'
final approval of zoning changes' was needed.
FRED I. SOKOL |
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"Don't worry,
'Voter Approval of Zoning Changes'
is being prepared, again!"
FRED I. SOKOL
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Voter Approval of
Zoning Changes
Variances like driveways, sidewalks,
fences and air conditioners
are not voted on!
Allows 'All Voters Final Approval'
of any zoning change or use change
approved by City Council.
(Example: re-zoning a Residential Neighborhood
to a Shopping Center)‚
Voters must approve Re-zoning decisions
City-wide and in affected ward(s)‚
Primary, Regular and Special Elections permitted.
Special Elections paid by initiator's.
Present
Rocky River city law:
Rocky River City Council can vote to
change zoning.
Voters can only 'petition' for a city-wide vote.
Our Rocky River City Charter
does not
give voters
'automatic final approval of all zoning changes,'
even
for our own neighborhoods.
"We need to give more power
to Rocky River Voters.
That's the bottom
line."
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A 1976 U.S. Supreme Court ruling upheld Ohio
voter's right to approve zoning and use changes.
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A form of
"Voter Approval of Zoning Changes"
is used by these
Cuyahoga County Communities:
Fairview Park - North Olmsted Westlake - Bay Village -
Middleburg Heights -
Brooklyn Strongsville - North Royalton Broadview Heights - Seven
Hills Independence - Garfield Heights Brecksville - Oakwood Village - Solon
Orange Village - Pepper Pike - Moreland Hills Village
Richmond Heights - Highland Heights
Mayfield Village
(Cuyahoga County Planning
Commission 1994)
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Rocky River Voter Approval of Zoning Changes
A.) Government Power vs. Residents Powerlessness creates
conflict
B.) Rocky River Elected Officials will not let go of Power
C.) Voters to Take Back Power
D.) Majority Vote and Ward Vote
E.) Voter Approval of Zoning Changes - Check & Balance
F.) Final Destiny of Rocky River
(A.) Our
'Rocky River Charter' allots our government unfair central
power to re-zone our neighborhoods. This creates conflict
between our government and residents.
(B.) Rocky River City Hall will not let go of their control of
re-zoning. "Government's strength - is Resident's weakness."
(C.) We will rewrite our Charter so we can control and approve
re-zoning in our neighborhoods.
(D.) Re-zoning approvals okayed by voters citywide and affected
wards. Voters citywide or from an affected wards can reject any re-zoning.
Citywide interest can be different from the interest of a ward directly affected. "In a citywide vote the majority
could be a sellout of the few."
(E.) Voter Approved Zoning is a "check and balance" to our
government's power to approve re-zoning.
(F.) Rocky River's destiny is in residents and wards free from
this city hall's "old world" suffocating control.
Rocky River Voter Approval of
Zoning Changes
Arguments
'For and Against'
1.)
(AGAINST)
Voters in a ward should not reject a zoning change that is
important citywide.
(FOR) Ward voters should reject re-zoning near them.
They bear the burden of that change.
2.)
(AGAINST)
Residents should only elect city officials and stay out of city
business.
(FOR) Our City Charter permits residents' direct political
involvement to better our city.
(3.)
(AGAINST)
The "good old boys" should keep control of Rocky
River re-zoning.
(FOR) Voter Approval of Zoning Changes will break the
"political machine" of our
aggressive leaders and privileged "status quo."
(4.)
(AGAINST) Economic Development will plummet and Property
Values will decline.
(FOR) Voter approved zoning change's makes Government and
Developer re-zoning
approvals accountable to voters guaranteeing smart re-zoning and
redevelopment.
(5.)
(AGAINST)
Businesses will not seek 'zoning changes' in a city
where voters' approve re-zoning.
(FOR) 21 of 59 communities in Cuyahoga County have a type of
voter approval of zoning changes. Fairview Park, Bay Village and
Westlake residents recently approved re-zoning for
development.
(6.)
(AGAINST)
Residents are uninformed while City Officials are informed to
decide zoning changes.
(FOR)
Once we establish Voter Approval of Zoning Changes, City
Officials and developers will make sure residents are informed
about any zoning change issue because voters will decide.
(7.)
(AGAINST)
The City will waste taxpayer's money defending
lawsuits that it cannot win regarding zoning changes.
(FOR) In the "City of Eastlake v. Forest City Enterprises,
Inc." (1976), the U.S. Supreme Court upheld Ohio Law allowing
voters' to approve zoning changes. Since then, special interests
have challenged and tried to overturn that law with lawsuits. The
U.S. Supreme Court's 1976 decision has not been reversed.
(8.)
(AGAINST) If your elected officials are not doing a good
job, then elect new representatives - don't change the Charter.
(FOR)
We already vote our elected officials in or out at election
time. Now we want to vote on our elected official's
approvals of zoning changes throughout all our neighborhoods. If our
elected officials disagree, they can resign their elected
positions.
Fred
I. Sokol
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