Hudson, Ohio Planning Commission Meeting - March 8, 2021

The Hudson, Ohio Planning Commission met virtually via video-conference and live-stream on Monday, March 8, 2021, at 7:30 p.m., adjourning at approximately 10:47 p.m. All seven members were present, with Mr. Chuparkoff arriving at the beginning of the first case. The Commission approved the January 25, 2021 meeting minutes as corrected, approved a conditional use for a boarding kennel (PC 2021-107, 7-0), approved an 11-lot preliminary subdivision (PC 2020-914, 7-0), and continued a Land Development Code text amendment (PC 2021-106) to the April 12, 2021 meeting.

Consent Calendar

• The January 25, 2021 Planning Commission minutes were approved as corrected (motion by Mr. Lehman, seconded by Mr. Anglewicz; 6-0, with Mr. Anglewicz recused). Corrections included adding elected officer names and positions (chair, vice chair, industrial design subcommittee), correcting the recorded vote on the November minutes, and fixing a typo on page four.

Public Comments & Testimony

• Correspondence for PC 2021-107, summarized by staff: Joe Alexander Sr. (2591 Barlow Road) stated he is not opposed to the kennel but wants to enjoy his backyard without the noise that occurred under the prior owner, who was unresponsive to complaints. Roger Bourgeois (2466 Barlow Road) raised concerns about traffic hazards, hours of operation, and whether EPA approvals were required. Sam Shilling (2512 Barlow Road) emailed concerns about traffic, animal noise, property values, and EPA requirements.
• Bonnie Kerr (with Scott Kerr, 2421 Barlow Road) testified in opposition to the boarding kennel and asked the Commission to deny the application. She argued the prior business operated without permits, the outbuilding was enlarged without records, the use was voluntarily discontinued for more than 24 months (so no grandfathering should apply), the well and septic system were not approved for commercial kennel use, Ohio EPA guidance discourages discharging grooming chemicals or boarding cleanup into a septic system, and Powers Brook runs near the facility. She also stated the applicants never verbally notified neighbors of the boarding kennel plan.
• Mr. Robert Steward (named in the minutes; the transcript identifies him as Trevor Burrus Stewart, 440 Brown Street, Hudson) testified on PC 2021-106 that single-family development of the subject property would yield a comparable number of units — a difference of roughly five or six homes versus the proposed 48 townhomes.
• Public Discussion at the opening of the meeting: none.

Discussion Items

PC 2021-107 — Conditional Use: Boarding Kennel, 2461 Barlow Road

• Staff planner Nick Sugar introduced the 2.9-acre property in Zoning District 2 (Rural Residential Conservation). The prior kennel, "The Animal Inn," operated from approximately 1992 to 2018 with no permits on file, creating a break in use that requires this conditional use review. Boarding kennels are a conditional use in District 2. Staff noted the outbuilding is centralized on the property, about 100 feet from properties to the east and west.
• Applicants Ethan and Amy Milsaps proposed a boarding and grooming facility with Amy Milsaps as sole employee (a groomer with six to seven years of experience), a maximum of 12 dogs overnight and up to four additional dogs on site for grooming (the prior owner had a maximum of 25 overnight), appointment-only traffic, commercial-grade foam soundproofing, a new interior door separating the grooming and boarding areas, an outdoor kennel limited to one dog at a time (first out 8 a.m., last out 9 p.m.), and no changes to existing exterior lighting.
• Discussion covered proposed hours, waste disposal via a Republic Services contract, the well and septic system, outbuilding drainage, Buffer Yard D and parking-lot buffering requirements, entryway vegetation trimming for sight distance, and the fact that only one official police complaint is on record since 2008. Applicants stated they contacted the Ohio EPA and were verbally advised their setup was compliant; Mr. Milsaps said he found no state license required for overnight pet boarding, as opposed to breeding or medical procedures.

PC 2020-914 — Preliminary Subdivision: Hudson Preserve, Norton Road

• Staff reviewed the 12.87-acre, multi-parcel project in Zoning District 1 (Suburban Residential Neighborhood), proposing 11 single-family lots served by a new cul-de-sac street. A compatibility review was held on November 9, 2020, and the applicant received variances allowing the road to be located 55 feet from Darrow Lake Drive (400 feet normally required) and permitting disturbance within the 50-foot wetland setback.
• Applicant Tony Lunardi (LDA Builders) said the plan meets all LDC requirements other than the granted variances; approximately 0.26 acres of wetlands would be filled (the U.S. Army Corps allows up to 0.5 acres); deed restrictions will protect home values; and the homes are estimated in the low-to-mid $400,000s, with some near $500,000. He opposed expanding the private open space because larger cul-de-sac lots generate more value to pay for the new road, but he was open to recording wetland protections via deed restriction or plat.
• Engineer Dennis Stouffer (Spagnuolo and Associates) stated the preliminary stormwater analysis shows the ponds meet city criteria: retaining the 25-year post-development storm and releasing at the 1-year pre-development rate, with 50- and 100-year storms analyzed; final numbers will be adjusted during detailed design.
• Commission discussion addressed: pond overflow risk near Lot 1 (Mr. Anglewicz expressed concern based on recent heavy rain events); private open space versus public park dedication; sidewalks on both sides of the street and along Norton Road; stormwater easements across adjacent owned or controlled parcels discharging under Norton Road; and staff's recommendation for an additional Buffer Yard B where ponds adjoin property boundaries.

PC 2021-106 — Text Amendment: District 7 Office Overlay Zone

• Applicant PHN Realty LLC (attorney David Mitchell; Jason Rice of PHN Realty) requested amendments to LDC Sections 1205.10(a), 1205.10(d)(1), and 1206.01 to make residential planned developments a permitted use in the District 7 Office Overlay Zone. The 12.8-acre property on the west side of Darrow Road (Route 91) has dual zoning: District 7 Office Overlay on the front and District 3 residential on the rear.
• Mr. Mitchell noted the property is one of only two undeveloped properties in the District 7 overlay area. Residential planned developments are already permitted by right in the District 3 rear portion, so the amendment would allow the development to begin at the road frontage; the applicant was willing to adjust the language, apply District 3 standards throughout, and broaden the change to all District 7 overlay properties if the Commission preferred.
• The concept plan shows 48 three-story townhomes with elevators and high-end finishes, priced at approximately $250 per square foot (around $600,000 per unit), plus a retention pond, preserved natural areas, landscaped boulevard entrance, and sidewalks connecting to future Route 91 improvements. Mr. Rice said the applicant is not seeking tax abatement, and that a principal of PHN, a 40-year Hudson resident, plans to purchase a unit.
• Staff noted the District 7 overlay contains only nine parcels and is the city's smallest district, currently permitting only banks, offices, and government administrative offices as outright uses. The Comprehensive Plan identifies this area as suitable for higher-density housing, including duplexes and townhomes. Staff recommended broadening the proposed text to the entire overlay, adding the dwelling types to the use table, and importing District 3 development standards (setbacks, density, orientation).
• Engineer Michael Wohlwend (Wohlwend Engineering Group) stated the 48 proposed units are within the District 3 planned development maximum of 50 units, and the development cannot be shifted farther back because of wetland setbacks and the maximum cul-de-sac street length (950 feet in the transcript; the minutes record 900 feet). He noted senior-oriented townhomes would not create the traditional morning and evening rush-hour peaks. Staff stated a traffic study would be conducted as the application proceeds, and the Commission discussed the possibility of a trail along the adjacent rail line.
• Commissioner positions: Mr. Chuparkoff called the text amendment an "almost ideal, very practical scenario" and noted it would expand — not reduce — the available uses for all District 7 overlay owners. Mr. Vaughan called it a "really strong plan" fitting the spirit of the code. Mr. Anglewicz said he was currently a "no vote" because residential frontage would break up the District 7 commercial corridor. Mr. Lehman and Mr. Nystrom raised traffic and mechanism questions (text amendment versus variance or map change).
• The Commission agreed the proposed language was too narrow. It directed staff and the applicant to return on April 12, 2021 with revised language integrating District 3 regulations, applying the change to all nine District 7 overlay parcels, and providing notice to all District 7 overlay property owners plus owners within 300 feet.

Other Business & Staff Update

• The Commission agreed to continue holding meetings via Zoom for the coming months.
• Staff noted two conditional use applications expected in April: the Country Club of Hudson (golf training facility) and the Hudson Schools Evener building conversion from school to administrative offices.

Key Outcomes

• PC 2021-107 — Boarding kennel approved 7-0 (motion by Mr. Chuparkoff, seconded by Mr. Anglewicz) according to plans received February 12, 2021, subject to seven conditions: (1) signage shall meet Land Development Code (LDC) requirements; (2) lighting shall meet LDC requirements; (3) applicant/owner to provide documentation that the outbuilding drains into the septic system and not directly into the ground; (4) applicant/owner to provide documentation that the proposal complies with all regulations pursuant to the Ohio Revised Code and EPA; (5) hours of operation — grooming: Monday closed, Tuesday–Friday 9 a.m.–5 p.m., Saturday 9 a.m.–2 p.m., Sunday closed; boarding: Monday–Sunday 7 a.m.–7 p.m.; (6) Buffer Yard D shall be applied along the 30-foot open area between the subject property and 2421 Barlow Road, plus applicable parking-lot buffering between the subject parcel and 2471 Barlow Road per Section 1207.04; and (7) trees and vegetation immediately adjacent to the entryway drive shall be trimmed to improve sight distances.
• PC 2020-914 — Hudson Preserve preliminary subdivision approved 7-0 (motion by Mr. Lehman, seconded by Mr. Vaughan) according to plans received February 8, 2021, with conditions for the final subdivision application including: fire hydrant locations per the February 18, 2021 fire department letter; engineering comments per the February 25, 2021 letter (including approvals from Summit Soil and Water, Summit County Building Standards, Summit County DSSS, Ohio EPA, U.S. Army Corps of Engineers, and City of Akron Water; conformity with city engineering standards; developer-provided street signage; bonds and fees); a final landscaping plan (street trees, pond landscaping, and Buffer Yard B where ponds adjoin property boundaries); final grading plans within disturbance limits; expanded Private Open Space to include additional protected wetlands; Public Open Space dedication or funds in lieu per the Park Board; sidewalks on both sides of the road and along Norton Road; and revised Lot 1 orientation or pond redesign for increased separation.
• PC 2021-106 — Text amendment continued to April 12, 2021 (motion by Mr. Lehman, seconded by Mr. Chuparkoff; 7-0). Staff and the applicant were directed to rework the language using District 3 standards, apply the change to all nine District 7 overlay parcels, and notify all District 7 overlay property owners (plus owners within 300 feet). The Commission has up to 120 days to act on the text amendment.
• January 25, 2021 minutes approved as corrected (6-0, Mr. Anglewicz recused); meeting adjourned by unanimous motion (Mr. Lehman moved, Mr. Nystrom seconded).

Note on Discrepancies

• The minutes identify a PC 2021-106 public speaker as "Mr. Robert Steward," while the transcript identifies him as Trevor Burrus Stewart of 440 Brown Street, Hudson.
• The transcript quotes the maximum cul-de-sac street length as 950 feet; the minutes record it as 900 feet.
• Staff stated the prior kennel operated approximately 1992 to 2018, while neighbor Bonnie Kerr testified the business closed sometime in 2017.