h020302

Sunday, February 03, 2002 12:29 PM

On Friday, January 1, 2002, we received a written response from the developer's local representative, Deb Holton, regarding the seven issues we previously provided to Ms. Holton and the developer, J. Don Nichols.

In her response, Ms Holton agreed to address a number of our environmental concerns in deed restrictions and agreed to continued involvement of APTA and APECO in ensuring that the proposed development road, where it passes between two wetland areas, is constructed environmentally. On several environmental issues her response was less than we believe necessary. In addition, Ms Holton attached a letter from Preble-Rish, the development engineering firm, which stated that the 30 lots specified for this phase of the development meet all land plan requirements of Franklin County (meaning that each lot meets the county's width & depth requirements for residential R-1 lots).

A review of the Franklin County Zoning Code determined that in fact 11 of the 30 lots proposed on the latest iteration of the site plan for the development do not meet the zoning code's requirement for a 100 foot lot width at the setback line. The requirement for a 100 foot lot width at the setback line was confirmed with Mark Currenton of the Franklin County Planning and Building Department.

Our attorney verbally communicated our position to Ms Holton last Friday; which set forth the fact that 11 lots do not meet the requirements of the zoning code and must be corrected prior to approval of the initial development application. Our attorney also set forth our desire that the developer agree to include in the initial development order, when and if it is approved by the county commissioners, that Hidden Harbor have the following restrictions which can be enforced by the county:

1-No common or single-family docks or sea walls will be allowed in the development

2-All driveway and parking areas in the development will be of a pervious material

A formal letter setting forth the above position will be delivered to Ms Holton on Monday.

According to our attorney, Ms Holton verbally agreed that there was a problem with the calculation of widths for the 11 lots in question (Apparently after our discussion with Mark Currenton of the planning department, Alan Pierce of the planning department called Ms. Holton to advise her that he may have provided her with inaccurate information in how lot widths must be calculated). Ms Holton stated that she would have the engineering firm make the necessary corrections to ensure that all lots are 100 feet wide at the setback line. Our attorney also said that Ms Holton was receptive to including the two above identified requirements in the initial development order.

The Board of County Commissioners is currently scheduled to again hear the initial development application on this Tuesday, February 5, at 9:00 a.m. We do not know whether the developer will be able to have the lot width situation corrected in time for this meeting. Until the lot widths are corrected, and we receive formal agreement from the developer to include the above two restrictions in the initial development order, we will oppose the development application being heard by the Board of County Commissioners.



	Sunday, February 03, 2002 12:29 PM On Friday, January 1, 2002, we received a written response from the developer's local representative, Deb Holton, regarding the seven issues we previously provided to Ms. Holton and the developer, J. Don Nichols. In her response, Ms Holton agreed to address a number of our environmental concerns in deed restrictions and agreed to continued involvement of APTA and APECO in ensuring that the proposed development road, where it passes between two wetland areas, is constructed environmentally. On several environmental issues her response was less than we believe necessary. In addition, Ms Holton attached a letter from Preble-Rish, the development engineering firm, which stated that the 30 lots specified for this phase of the development meet all land plan requirements of Franklin County (meaning that each lot meets the county's width & depth requirements for residential R-1 lots). A review of the Franklin County Zoning Code determined that in fact 11 of the 30 lots proposed on the latest iteration of the site plan for the development do not meet the zoning code's requirement for a 100 foot lot width at the setback line. The requirement for a 100 foot lot width at the setback line was confirmed with Mark Currenton of the Franklin County Planning and Building Department. Our attorney verbally communicated our position to Ms Holton last Friday; which set forth the fact that 11 lots do not meet the requirements of the zoning code and must be corrected prior to approval of the initial development application. Our attorney also set forth our desire that the developer agree to include in the initial development order, when and if it is approved by the county commissioners, that Hidden Harbor have the following restrictions which can be enforced by the county: 1-No common or single-family docks or sea walls will be allowed in the development 2-All driveway and parking areas in the development will be of a pervious material A formal letter setting forth the above position will be delivered to Ms Holton on Monday. According to our attorney, Ms Holton verbally agreed that there was a problem with the calculation of widths for the 11 lots in question (Apparently after our discussion with Mark Currenton of the planning department, Alan Pierce of the planning department called Ms. Holton to advise her that he may have provided her with inaccurate information in how lot widths must be calculated). Ms Holton stated that she would have the engineering firm make the necessary corrections to ensure that all lots are 100 feet wide at the setback line. Our attorney also said that Ms Holton was receptive to including the two above identified requirements in the initial development order. The Board of County Commissioners is currently scheduled to again hear the initial development application on this Tuesday, February 5, at 9:00 a.m. We do not know whether the developer will be able to have the lot width situation corrected in time for this meeting. Until the lot widths are corrected, and we receive formal agreement from the developer to include the above two restrictions in the initial development order, we will oppose the development application being heard by the Board of County Commissioners.