Government - http://maxpages.com/minnickward4/AUGUST_2004_LAW_DIRECTOR

August 4, 2004

VIA CERTIFIED MAIL

Andrew Crites, Esq.
N. Ridgeville Law Director
7307 Avon Belden Rd.
N. Ridgeville, OH 44039

Dear Mr. Crites:

Meadow Lakes was approved when I was on council. Unless the contracts and agreements have been amended, witness, signed and properly filed those original agreements between All-Purpose Construction and the city are still valid and binding. You may wish to review the following documents before any further decisions are made on Meadow Lakes PCD.

Plum, Klausmeier & Gehrum Consultants' (PKG) August 28, 2000 Planning Report for the Rezoning and Preliminary Planning Approval Request for Meadow lakes. This report thoroughly reviewed the proposed Meadow Lakes PCD as it pertained to our PCD ordinance. The proposed Meadow Lakes consisted of 595 acres with 153 traditional single family units and 1775 cluster units.

Under Open space Requirements, PKG's report stated, "As indicated on the Preliminary Plan submittals, approximately 178 acres, or 30% of the total project acreage, is attributable to Open Space. This exceeds the minimum requirement of 20%."

Under Unified Boundary, PKG's report stated, "The proposed golf course is integrated with the adjacent driving range area off of Center Ridge." "At the time of this review, the golf course development area is not contiguous to the remaining portions of the PCD. the developer proposes to meet this criteria by entering into an easement agreement with Lorain Metro Parks. This must be resolved prior to Preliminary Plan approval."

At the September 5, 2000, council meeting Mr. Gillock, then council-at-large and Planning Commission liaison, assured council members that the question of the two areas being contiguous had been resolved--the two areas were joined he said.

Numerous Planning Commission minutes (dated June 13, July 11, august 30, and November 14, 2000, and August 2, and 14, 2001) with Ron Schwackenwald's, Jim Johnson's Mayor Hill's, Stewart Lovece's, Guy Fursdon's, and other department heads' comments and/or signatures approved Meadow Lakes PCD with a golf course, north/south access road, and trunk sewer line, which is partly 36 inches.

Numerous City Council minutes record discussions accepting the minutes of Planning Commission's meetings and discussions regarding the proposed 595-acre PCD with 178 acres open space, which exceeded the minimum requirement of 20%. these minutes included lengthy discussions of how Meadow Lakes would be an asset to the community because of the golf course and because the north/south access road would relieve traffic on city streets. On October 2, 2000, council authorized the mayor to "negotiate and enter into a subdivider-developer agreement with All Purpose Construction for the development of Meadow Lakes PCD" as proposed.

On October 16, 2000, council passed Ord. 3628-00 granting Preliminary approval for the proposed PCD with the emergency added. Section 2 reads: the preliminary plan for a proposed PCD situated on approximately 595 acres, (location specified), and known as Meadow Lakes is hereby approved as submitted."

On February 20, 2001, under Ord. 3650-01, "Final Plan of development Area, including accepting the Plat of Meadow Lakes PCD Phase I for final approval..., pursuant to Ord. 3491-99 of the PCD ordinance," was given with the emergency added. On November 5, 2001, Ordinance 3735-01 was passed "Approving Final Plan of Phase II of Meadow Lakes PCD, including accepting the Plat of meadow Lakes PCD Phase II for Final approval..."

Planning Commission and council minutes were filled with references to the golf course and the 2-lane 80 ft. right-of-way north of Center Ridge that was also to be constructed. The Developer's Agreement for Meadow Lakes was executed October 29, 2001.

595 Acres were proposed as a PCD, approved as a PCD, and a developer's agreement written and legally executed by the city for all Purpose Construction as a PCD; therefore, the entire 595-acre project should progress as it was proposed including the 128 acres of green space, which should include the golf course, and the north/south access road as proposed, agreed upon, and approved.

The August 28, 2000, Planners report stated, "the golf course development area is not contiguous to the remaining portions of the PCD. The developer proposes to meet this criteria by entering into an easement agreement with Lorain Metro Parks. The City Attorney should advise the City as to the appropriateness of this approach. This must be resolved prior to Preliminary Plan approval. it is our recommendation that the City and the developer consider separating this project into two separate PCD's."

As previously stated, Mr. Gillock assured council members that the question of the two areas being contiguous had been resolved--the two areas were joined. Question is, are they in fact joined? If they are not joined, and if the promised and approved golf course will not be constructed, according to our ordinances the two areas should each have 20% green space. If they are, in fact, joined and contiguous, then the entire 595 acres should have 20% green space, or 119 acres.

It is reported that the golf course now will not be built even though it was legally proposed and approved. If we take the 125-acre golf course away from the 178 acres of proposed open space, we are left with only 53 acres, or 9% open green space. That is only 66 acres, or 11% short of the required 20% open green space.

When I was on council, I expressed my concerns about the proposed golf course being privately owned and maintained--a commercial venture for the developer. I also express concerns as to what would become of the golf course if it ceased to be a golf course. As it turns out, my concerns were valid. Let's not forget that open space can include retention basins, wetlands, and parking lots. With smaller lots, residents will rely on actual usable open green space for recreation. It is the administrations' duty to enforce the ordinances and agreements, and council's obligation to make certain that the proper amount of open green space is left in perpetuity for Meadow Lakes' homeowners as required in our PCD ordinance. It is my hope that you will advise this council and administration of their obligations in making certain our laws and ordinances are adhered to.

I have saved all my files pertaining to Meadow Lakes, and I would be happy to share and discuss these documents with you.

Sincerely,

Gail Minnick

cc: Mr. David B. Hartt, D. B. Hartt, Inc., Planning & Development Consultants
cc: All members of N. Ridgeville Planning Commission
cc: All members of N. Ridgeville council

minnickgail@hotmail.com

Page Updated Tue Sep 21, 2004 9:09pm EDT