Chevington Woods

Ashley Creek Park Issue Letter #1

.

Lisa A. Ross

rosslisa2@hotmail.com

November 19, 2003

Dear Violet Township Trustees:

I would like you to consider the following when evaluating any changes to the Ashley Creek zoning plat.

I am unable to attend this meeting personally, but would like to request that the zoning administrator or her designated representative read this letter into the record of this meeting or any other meeting that may deal with this particular issue. I am providing a copy of this letter to the President of the Ashley Creek Homeowner’s Association and I have talked with him about these issues on the telephone.

The reason for my comments are as follows; I have participated in the Ashley Creek zoning process since 1997, I attended countless zoning hearings and Regional Planning Commission meetings regarding this development during this time and spoke on behalf of our Civic Association at these meetings. I served on the committees who negotiated the layout of Ashley Creek with Donley originally, before they abandoned the project as the underlying developer, and subsequently with Charlie Driscol, and the Edwards Land Company,l as they successfully developed the Millar Farm into Ashley Creek. I currently act as the Civic Association liaison between the Chevington Woods Pool Board and the Chevington Woods Civic Association. I am a trustee for Area Four of Chevington Woods, and I served as Vice-president of the Association for the years 1999-2003. The Chevington Woods pool has a direct interest in the following issues also, as the reserve area in Ashley Creek for which you are considering a change is directly West of the Chevington Woods Pool.

During this entire process, the developer made promises to the community, zoning board and trustees about the nature of the development, what it would look like when completed, and indeed these promises were put into the zoning plat text.

I kept in touch with the developer, Mr. Driscoll, in writing, over the course of the development, inquiring to him about issues of when amenities would be completed, particularly the picnic shelter amenity, which was never completed as promised to the community, zoning board and Trustees. Most all of the other amenities promised, were installed during phase one and phase two of the development. In his responses to me, he promised different time frames of completion, first in phase two, then in phase three. These were never met.

I contacted the zoning administrator, Kelly Sarko, early this year, regarding these issues when I found out that the developer was preparing to turn over the management of the public areas to the Ashley Creek Homeowner’s Association. Ms. Sarko reviewed the zoning text and indeed agreed that more than one part of the project had not been completed. Since that time, the paved walking path between the two Winston Road areas has been finished.

It is my understanding that the Ashley Creek Homeowner’s Association has requested a variance from the current zoning text requiring the construction of a picnic shelter. I do not oppose this variance as I do believe they have a right to request a change based on the wishes of the residents. I do respectfully request and suggest consideration of the following stipulations stated below. I request this due to the fact that before any residents were in Ashley Creek, neighboring citizens looked out for their future well being and demanded a quality development over a period of several years of countless meetings and public hearings. We suggested that parks with amenities be provided to the neighborhood, because at the time in 1997-98, these park areas with amenities were not the normal development practices in Violet Township, in fact at that time, the massive Summerfield development, was created with more than 1000 homes without any public use organized parks or amenities provided by the developer! Several of the original plans for Ashley Creek contained NO PARKS at all. We felt as though the community had provided developers with their livelihood and in fact strongly believed that they should give back to the community from which they derived their success. When these amenities were promised and incorporated into the zoning plat, this was a large part of the reason this development was then no longer opposed by neighboring residents in Violet Township. We believed we had an agreement with the developer of what this subdivision would look like and believed in fact that he would follow through. This agreement was presented to the Zoning Board, and the Trustees for approval.

Please give the following consideration:

The area originally slated for the picnic shelter, is a lightly wooded area directly West of the Chevington Woods Pool. During Phase Two and Part of Phase Three of the development, this area was kept in a maintained manner, in other words, it was mowed on a regular basis. During the latter part of phase three completion of the subdivision, the lightly wooded area was mowed only once during that mowing season. This past year, 2003, it was not mowed at all. In other words, it went from an active usable reserve (park) area, a place where a person could walk the grounds, to an area that is passive and choked with weeds and grass that grew to a height of nearly six feet this summer.

When the plan for this portion of the park was accepted by the zoning board and trustees it was meeting the requirement in the zoning code for P.U. D.’s in which 15% of the land in the development is to be set aside as “pubic use, organized greenspace.” In other words, in my opinion, this area directly West of the Chevington Woods pool was never intended to be passive reserve area, virtually unusable as presently maintained, and unsightly to nearby homeowners. If a residential lot was maintained in this manner the neighbors would immediately complain and take action in my opinion. I have contacted the Keller family, who live directly next door to this area on Ashley Creek Drive, and they did express the opinion that they would like to see this area mowed or landscaped, etc. I do not purport to speak for this family, but only to show that I have sought the opinion of the homeowner who looks at this area every day.

Please encourage the Ashley Creek Homeowner’s Association to dramatically improve the maintenance of this area as a condition of the variance. Please at least MOW. If the area requires landscaping or seeding to restore it to a usable area, I believe these costs and installation of such should be borne by the developer, the Edwards Land Company, or the F.A. Kohler Co. above and beyond the $9000 transfer of funds to the Homeowner’s Association allowed for capital improvements.

Please suggest that they also consider adding vandal resistant picnic tables or seating areas in this lightly wooded area, as the original intent in the zoning plat as we understood it was for a shaded place for residents to enjoy in this large common park area. Waste receptacles are not available in any park area now and litter has been a problem. Perhaps sturdy vandal resistant receptacles would be wise.

I strongly believe these improvements and responsibilities for such as promised in writing in the zoning plat, should not be allowed to be handed off to a Homeowner’s Association in any manner although it appears that is in fact what is going on in this case. If a developer makes a promise to the community, and in fact the community supports his development as a result of some of these promises, then I believe that the developer should complete the amenities promised in a reasonable time frame, certainly before any control and responsibility for the lands in a development are transferred to the Homeowner’s Association.

If the trustees allow this perhaps “minor” issue to proceed as it appears it is currently, then I think the community may be in for some unexpected surprises in the future from developers who may be less scrupulous than the Edwards Land Co. What promises won’t they keep and leave for the homeowners association to solve? In this case, because it has proceeded in this manner, I certainly do not deny the right of the homeowner’s association the to appeal for a change, but I strongly believe the Developer should be doing the appeal, these are his promises that were presented to the community and accepted as a condition for the development of the land. The time, expense and inconvenience the homeowner’s association must go through to implement these changes are misplaced in my view, even though I support their right to want to change the plan. There is nothing stopping the developer for appealing for a change on their behalf and in fact this would place the responsibility for the completion of the subdivision where it belongs….WITH THE DEVELOPER. I think the trustees should consider strengthening the zoning code to reflect such completion time frames or instruct the zoning administrator to enforce the current code in a different manner than it has been done in this case.

I believe the Ashley Creek Subdivision has served as a model for future subdivisions in Violet Township. The residents enjoy wonderful park areas and a unique wooded nature preserve unlike any other subdivisions in the Pickerington area. I believe this current status came to fruition partially due to the efforts of literally over a hundred neighboring residents who demanded more in the development of this land during the zoning process. I urge the Trustees to honor the original intent of this development and to encourage the developer’s representative, Charlie Driscoll and the Ashley Creek Homeowner’s Association to improve the area directly adjacent, West of the Chevington Woods pool from the current status.

Thank you for considering my comments,


Respectfully submitted,



Lisa Ross
Chevington Woods Civic Association
Area Four Trustee