Council approves Foxfire final plat after developer agrees to provide factual zoning disclosure about nearby data‑center parcels

The Village of Commercial Point council moved to un‑table and approve the final plat for Foxfire subdivision four, part three after the developer agreed to provide a separate factual disclosure to prospective purchasers noting that two parcels within the village are currently zoned for data centers.

Council members raised concerns that some buyers in earlier phases had not been made aware of nearby zoning and asked MI Homes to provide a simple, factual sheet for potential purchasers. A council member summarized the request as: "What they're precisely asking you to do is to have a sheet of paper that says, 'These two areas are currently zoned for data centers, period.'" The request was described as a factual adjacency disclosure, not a contractual amendment.

Steve Peck, representing MI Homes, told the council that sales staff have been having conversations with customers and that at present MI Homes intends to "hold with what we have today" for formal contract language. "We don't commit to anything," Peck said, adding that salespeople are informing prospective buyers about surrounding zoning in practice.

David Hodge, a zoning and land‑use attorney for MI Homes, cautioned the council that final‑plat approval is generally ministerial under the Ohio Revised Code: if the developer has satisfied the underlying legal obligations, the council has limited discretion to impose new conditions on a final plat vote. "Either MI has or they have not fulfilled all of the underlying obligations," Hodge said, urging the council not to add a new, unrelated condition at the final‑plat stage.

Council members said their ask was narrower than a contractual requirement: a separate paper disclosure confirming the two parcels' zoning so prospective buyers are aware before purchase. One council member framed the request as a transparency and consumer‑protection measure: "We just wanted to be a good partner to say, 'Hey, when you move here, this is what could come with your home.'" Several council members pressed for a written, factual disclosure rather than relying solely on verbal assurances from sales staff.

Following the exchange, council members moved to remove the item from the table, add the requested disclosure as a filing or addendum (described in the meeting as a factual one‑page disclosure to be placed in sales files), and approve the final plat. A roll‑call vote approved the motion.

The council did not adopt a new contract requirement; the narrow, agreed language is a factual notice about zoning adjacency. The action allows MI Homes to record the plat while the council says it will have a separate disclosure placed in sales files to inform prospective purchasers. The council also recorded public statements about ongoing local interest in the larger data‑center matter and noted legal activity reported on social media, but the plat decision itself focused on the disclosure and ministerial plat criteria.

The council scheduled remaining related items for future readings; no litigation or enforcement action was taken during the meeting.

The meeting record indicates the Foxfire final plat discussion and approval occurred during the previously tabled items segment and included testimony from MI Homes representatives and their attorney.