Government - http://maxpages.com/minnickward4/OCTOBER_21_2003

TO: Board of Zoning Appeals members
Planning Commission members
City Council members

FROM: Gail Minnick

DATE: October 21, 2003

Pflum, Klausmeier and Gehrum Consultants, also known as PKG, submitted their Planners Report for Meadow Lakes in August, 2000. According to the report, Meadow Lakes PCD consisted of 595 acres with 153 traditional single family lot units and 1,775 cluster units. The PKG report addresses specific issues as follows:

"Section B.04 of the PCD ordinance states that the land use and building arrangement criteria are intended to provide considerable latitude and freedom to encourage variety in the arrangement of open building space and building type. The Preliminary Plan in concept meets these criteria...integrating residential within the open space concepts of the golf-course design and aligning internal road connections with the adjoining ...Lorain Metro Parks."

Under Open Space Requirements, the report states, "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, council's Planning Commission liaison, assured council that the question of the two areas being contiguous had been resolved--the two areas were joined.

I have numerous minutes from Planning Commission meetings with Ron Schwackenwald's, Jim Johnson's, Mayor Hill's, Stewart Lovece's, Guy Fursdon's, and other department heads' comments and/or signatures approving Meadow Lakes PCD with a golf course, north/south access road, and trunk sewer line.

I also have numerous minutes from City Council accepting the minutes of Planning Commission's meetings and discussions regarding the proposed 595-acre PCD with 178 acres open space, which was 30% of the total project acreage of Open Space, and which exceeds the minimum requirement of 20%. In the city council minutes many lengthy discussions were held. We were told how great Meadow Lakes would be for the community because of the golf course and the north/south access road, which would relieve traffic on city streets.

On October 2, 2000, council authorized the mayor to "negotiate and enter into a subdivider- development agreement with All Purpose Construction for the Development of the Meadow Lakes PCD." It was executed on April 10, 2001. On October 29, 2001 the mayor executed a second Developer's Agreement for Meadow Lakes PCD.

On October 16, 2000, council passed Ord. 3628-00 Granting Preliminary Approval for the Proposed Planned Community Development with the emergency added. The body of the ordinance states, "Whereas there has been presented to the City of N. Ridgeville Planning Commission and N. Ridgeville Municipal Council, a proposed Planned Community Development of approximately 595 acres located east of Case Rd., west of Stoney Ridge Rd., north of Center Ridge Rd., and south of the border with Avon; and Whereas Planning Commission, pursuant to (PCD) Ord. 3491-99, granted preliminary approval on the 30th day of August, 2000. Now therefore, be it ordained by the council of the City of N. Ridgeville, Lorain County, OH that: Section 1. The preliminary plan for a proposed Planned Community Development known as Meadow Lakes and situated on approximately 595 acres located east of Case Rd., west of Stoney Ridge Rd., north of Center Ridge Rd., and south of the border with Avon is on file in the Office of the Clerk of Council. Section 2. The preliminary plan for a proposed PCD situated on approximately 595 acres, etc., 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 and for recording purposes, 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 and for Recording Purposes."

Not only were Planning Commission and council minutes filled with references to the golf course but a two-lane 80 ft. right-of-way north of Center Ridge to be constructed as well. The October 29, 2001 Developer's Agreement is written as "Planned Community Development Agreement/Subdivider's Agreement, Meadow Lakes PCD with All-Purpose Construction and The City of N. Ridgeville."

595 acres was 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 a PCD including the 178 acres of green space, which includes the golf course, along with the construction of the north/south access road as proposed, agreed upon and approved.

If we take the 125-acre golf course away from the 178 acres of proposed open space, we are left with 53 acres, or 9% open green space, 11% short of the 20% requirement. If All-Purpose Construction's request for rezoning is approved, it appears the city won't get either the golf course or the promised access road as agreed upon in all the legal documents. We'll still have 1,775 clusters and 153 traditional single family homes with 9% open space, which includes wetlands, detention basins and parking areas, for recreation. Case Rd. and Stoney Ridge Rd. will be the only main access roads, and All-Purpose Construction could choose to build additional clusters on the 125 acres.

The intent of the PCD legislation was to have "open space held in common ownership by the PCD residents or granted in perpetuity to each owner as a Homeowner Association Covenant." Perpetuity means eternal. It does not mean giving the developer freedom to change the approved and agreed upon green space for any other use. Despite the fact that the golf course did not meet the criteria of common ownership, council chose to approve the project in binding ordinances and contracts.

According to Planning Commission's August 12, 2003, minutes, "the golf course originally planned for the PCD will not be built." Since the PCD was approved by Planning Commission, accepted by council, ordinances written, a developer's agreements written and legally executed, this makes it illegal for All Purpose Construction not to fulfill the agreements therein. Additionally, the north/south access road also must be constructed according to submitted and approved plans, which were legally executed. If All Purpose Construction never did obtain the proper and promised agreement with Lorain County Metro Parks, the legality of the entire project is questionable.

minnickgail@hotmail.com

Page Updated Fri Oct 1, 2004 11:17pm EDT