Sheffield council using emergency measure to approve condos; residents can’t challenge by referendum

SHEFFIELD — Residents who oppose the second approval of a controversial condominium complex will have a tougher time fighting it because the City Council approved the plans on an emergency basis this time.

That means the approval cannot be challenged by referendum, as residents had planned to do the last go around before the developer withdrew the plans.

The ordinance, approved Monday, allows for the rezoning of land along Abbe Road and Interstate 90 from industrial to multifamily commercial.

Mike Gorka lives on Abbe Road on property adjacent to the land that was rezoned for a condominium complex being developed by Erie County commissioner Patrick Shenigo.

Gorka and others previously objected to rezoning the land, citing safety concerns related to increased traffic on Abbe Road near the Interstate 90 overpass, but a divided Council approved the rezoning in March.

At that point, Gorka gathered signatures to put the zoning change before voters in November. However, voters never were given the chance to vote because Shenigo pulled his plans and Council rescinded its approval, effectively removing the issue from the ballot.

Shenigo resubmitted the project, addressing the safety concerns by creating a primary entrance along French Creek Road, in September.

Gorka said Thursday morning that he’ll still try to fight the issue and get voters to have a say.

Lorain County Assistant Prosecutor Gerald Innes, who handles legal matters for the Lorain County Board of Elections, said when ordinances are passed without emergency, 30 days must be given to see if anyone petitions and challenges an ordinance through the Board of Elections.

But when ordinances are passed by emergency, there is no 30-day waiting period, Innes said, meaning residents might find themselves unable to get an issue on the ballot.

“The idea is, if it’s something that’s an emergency and needs to be done, it can’t wait that long,” Innes said.

Innes said courts tend to defer to local jurisdictions when determining if something is a valid emergency and courts also tend to give municipalities quite a bit of leeway when making such determinations.

Mayor John Hunter said the matter was thoroughly discussed and given a total of seven readings.

“We abided by the law, which says that if you pass something by emergency it goes into effect immediately,” Hunter said. “By going into effect immediately, there’s no 30-day time period for (Gorka) to pull petitions again.”

Hunter said too much false information was passed around the village the first time the project came before Council, like rumors that it was a planned low-income housing project, which were unfounded.

Hunter said the reason the ordinance was passed as an emergency is because village officials would rather see a condominium complex on the land as compared to a trucking company.

Hunter said the landowners involved have been approached by a trucking firm, and Council wants to move forward with the condo project.

The proposed condominium complex will be a $40 million project that will bring additional revenue to the village and school district, Hunter added.

“There are a number of reasons we want to move along,” Hunter said. “The builder is saying if we don’t move along now, they’re not going to do the project. Then it reverts to option two, which is the landowner, who says he has a buyer who wants to put a trucking firm there.”

Several Council members reached Thursday said they had no idea that passing the ordinance on emergency would block Gorka from getting the issue on the ballot.

Council president pro tem Kevin Watkinson said there was nothing malicious intended when Council passed it by emergency.

Councilman Bob Markovich said Gorka can still gather signatures and approach the Board of Elections, but this time he might need an attorney.

“He can still go out and get signatures and do whatever he wants to do,” Markovich said. “But the process to get it on the ballot becomes more complicated when (an ordinance) is passed by two-thirds majority on emergency.”

The post Sheffield council using emergency measure to approve condos; residents can’t challenge by referendum appeared first on Chronicle-Telegram.