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Record of Proceedings

Hudson Planning Commission Meeting - July 26, 2021: Fireworks Storage Text Amendment and LDC Update

Planning Commission — Monday, July 26, 2021
BodyHudson, Ohio
SessionPlanning Commission
DateMonday, July 26, 2021
StatusFILED
Video Record
0:00 / 2:02:17

Original source
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0:04

I'm calling to order a special meeting of the City of Hudson's Planning Commission.

0:11

Mr.

0:11

Sugar, could we have roll call, please?

0:14

Yes.

0:14

Mr.

0:15

Nystrom.

0:16

Here.

0:16

Mr.

0:16

Vaughn?

0:17

Here.

0:17

Mr.

0:18

Chaparkov?

0:19

Here.

0:20

Mr.

0:20

Lane.

0:21

Here.

0:21

Thank you, Mr.

0:22

Sugar.

0:24

I forgot to mention to Mr.

0:26

Hannon that we summer dress code is in effect, but I see I never when I was in the zoning board, I never defined what summer dress code was, but it definitely you didn't need to have a tie-in jacket.

0:40

So we're missing a few people from our uh commission tonight, but uh I can assure you that they did not fly to Washington, D.C.

0:47

to avoid the meeting tonight.

0:49

So we'll we'll get through it.

0:50

We have a quorum.

0:53

Um next we'll swear in our staff and anybody who's uh planning on speaking.

0:58

And if you're not sure, but you think you might go ahead and stand, it doesn't cost anything, and you don't have to if you don't want to, but if we get everybody sworn in now, we don't have to worry about it later.

1:08

So if you at all please rise, raise your right hand.

1:14

Do you swear or affirm under the penalty of perjury that the testimony you will give will be the truth?

1:21

Thank you.

1:25

Typically, in a stated meeting, we would have uh correspondence, public discussion of anything not related to uh the cases being heard for the evening and approval of minutes, uh, but those will all be passed on, and uh we will start uh with the business at hand.

1:42

Also typically we might finish the old business first and then proceed to new business.

1:47

And although it's great that we have so many people here tonight, I suspect that it's not the administrative rules text carry over from last meeting that you're here for.

1:58

So we will uh hold that to the uh second item tonight and uh proceed with the uh actual case PC 2021 689.

2:09

Um Mr.

2:10

Sugar will give a uh brief outline and then uh he'll pass it to the applicant.

2:17

Um we'll have some board questions and then we'll be opening it to the public.

2:23

That's for everybody uh present to uh uh make any comments, ask any questions, uh, and you can you know direct it to the applicant or to uh city staff or to the uh uh commission members, and we'll try to uh answer what we can.

2:42

If uh you want to try to keep it on point to uh you know the issues that are being raised, although there's uh unlike in zoning where it might be one simple thing, this is a little broader, so there might be a little bit larger amount of questions, I suppose.

2:58

So, Mr.

2:59

Sugar, would you like to start, please?

3:01

Yes, thank you, Mr.

3:02

Chair.

3:03

The uh application before us this evening is a text amendment, and it would permit a fireworks storage and retail facility as a conditional use within the zoning district one uh with requirements for minimum lot size, setbacks, buffer yards, uh certificates from state and federal agencies, and uh color of structures.

3:24

Um the applicant has asked to present and orient uh the board and the audience a bit to the uh to the request.

3:31

So uh like to turn it over to them, and then I can give a little background on the staff report in front of you.

3:37

Thank you, Mr.

3:38

Sugar.

3:38

Um so whoever is speaking uh throughout tonight, you want to make sure you get up to the uh lectern and uh give your name and address.

3:48

Um be sure these are very directional microphones, and you know you want to show up good on uh on the web if people are watching it live or or later, so uh speak clearly.

3:59

Um could I add sure one thing that I had thought of before you get get started, and that is uh while you go through your uh process, you might want to compare and contrast some of what was written to us earlier and then some of the comments that the city uh had included in their report to us where it might be so sure go ahead take the podium.

4:24

We'd be glad to do that.

4:25

I wanted to do sort of a brief background in history and um my sorry, yeah.

4:31

My name is uh is Anthony J.

4:33

Coyne.

4:33

I'm a land use attorney with the law firm of Mansur Gavin 1001 Lakeside Avenue, Cleveland, Ohio, 44114.

4:41

I'm also here with my colleague Diane Calta, who is a member of the firm and also helped with the application and the text uh language proposal, and she'll address those individual uh text amendment items.

4:54

I'm also here with Roberto Sorgi and his brother John, and we're retained by uh the American fireworks and this in the Sorgy family.

5:04

So with that, I wanted to give a brief background and then address maybe if you want us to summarize, and I'll I I can have uh Diane address Ms.

5:13

Calta address the actual text amendment changes because there are only a few comments that we have to uh directly, I think, address uh to this uh board.

5:25

So first of all, this company has been here in Hudson for 115 years, and without incident, by the way.

Discussion Breakdown — Share of Meeting
Fireworks Regulation█████████████████████████████████████████████45%
Fireworks Storage Facility██████████████████18%
Land Use Regulation██████████10%
Procedural███████7%
Public Safety██████6%
Architectural Design█████5%
Public Comment████4%
Zoning Code████4%
Historic Preservation█1%
Summary of Proceedings

Hudson Planning Commission Special Meeting - July 26, 2021

The Hudson, Ohio Planning Commission held a special meeting on Monday, July 26, 2021, at 7:30 PM in Town Hall to consider two text amendment cases. Acting Chair David Lehman presided with a quorum of four members (Chuparkoff, Lehman, Nystrom, Vaughan); three members were absent (Anglewicz, Jones, Stolle). All testifying staff and public were sworn in. The meeting focused on a proposed text amendment to allow fireworks storage and retail as a conditional use in District 1 (case PC 2021-689) and a broader Land Development Code update (case PC 2021-726).

Public Comments & Testimony

  • Tina Griesse (2068 E. Highgate Court): Opposed the expansion, noting the BZBA had previously stated no further expansion without a text amendment. She noted that American Fireworks had not purchased adjoining land that later became residential, and suggested the company consider relocating. She also expressed concerns about inadequate tree screening and past fires on the property.
  • Ralph Zuponcic (2028 E. Highgate Court): Opposed the text amendment, stating it would place 10,000 pounds of explosives 180 feet from his backyard, with a 300-foot blast zone extending 120 feet into his property. He argued the amendment changes rules in the middle of the game and increases profit for the company while risking neighborhood safety. He requested more time for residents to prepare and said neighbors were hiring an attorney.
  • Dustin Ellenberger (7565 Highgate Drive): Expressed concern that the proposed relocation could move an existing pod closer to his side yard (he is an outlier with a side yard instead of backyard). He asked how future additions to his home might affect required setbacks, potentially forcing the company to move pods or reduce weight.
  • Peggy Francetic (2121 Jonathan Court): Worried about enforcement of the 300-foot setback because houses are not arranged in a straight line. She feared the amendment would create uncertainty for future home improvements or property sales.
  • Bob Drew (66 East Streetsboro, Chair of BZBA): Explained BZBA decisions from February 2014 and September 2020 that limited expansion to 25% of the existing use area. He acknowledged American Fireworks' property rights and urged the Commission to proceed with the text amendment to provide clarity.

Discussion Items

  • Case PC 2021-689 (Fireworks Storage and Retail Conditional Use): Applicant Anthony Coyne (Mansour Gavin, LPA) represented American Fireworks, with attorney Diane Calta and company representative Roberto Sorgi. They described the company's 115-year history in Hudson, 12 full-time employees (rising to about 18), approximately 300 seasonal part-time employees, and a customer base that grew from ~87 to ~500 displays. The proposal would add five ATF-approved storage pods to the existing 30, allowing an additional 50,000 pounds of explosives (from over 200,000 pounds currently). The applicant proposed a 200-foot setback from property lines, while staff recommended a 300-foot setback for easier enforcement. Discussion covered ATF and state regulations, safety zones, blast distances, pod weights, mounding and tree buffers, and the possibility of a development agreement to address conditions.
  • Case PC 2021-726 (Land Development Code Update): Staff introduced the text amendment covering multiple chapters and the Architectural and Historic Board of Review (AHBR) recommendation that historic district applications remain Basic Development (rather than eligible for administrative approval). The Commission discussed the proposed change to District 3 lot width (from 150 to 100 feet) and other clean-up items. Staff noted the update is largely administrative.

Key Outcomes

  • PC 2021-689: The Commission voted unanimously (4-0) to continue the case to allow staff and the applicant to address questions from the Commission and public. The next hearing is scheduled for September 13, 2021. Staff was directed to research zoning regulations in other cities (including the six communities where American Fireworks operates) and to explore a potential development agreement, additional setback graphics, and enforcement methods for weight limits.
  • PC 2021-726: The Commission voted unanimously (4-0) to recommend to City Council the adoption of Ordinance 2171, incorporating the AHBR recommendation to keep Historic District applications as Basic Development. This recommendation will be forwarded to Council.

Other

  • No correspondence, public discussion, or minutes were considered (special meeting).
  • Staff announced four cases for the August 9, 2021 meeting: Barlow Townhomes (tabled), Norton Road subdivision final plat, a medical office building on Seasons Road, and an agricultural code update.

Meeting Transcript

I'm calling to order a special meeting of the City of Hudson's Planning Commission. Mr. Sugar, could we have roll call, please? Yes. Mr. Nystrom. Here. Mr. Vaughn? Here. Mr. Chaparkov? Here. Mr. Lane. Here. Thank you, Mr. Sugar. I forgot to mention to Mr. Hannon that we summer dress code is in effect, but I see I never when I was in the zoning board, I never defined what summer dress code was, but it definitely you didn't need to have a tie-in jacket. So we're missing a few people from our uh commission tonight, but uh I can assure you that they did not fly to Washington, D.C. to avoid the meeting tonight. So we'll we'll get through it. We have a quorum. Um next we'll swear in our staff and anybody who's uh planning on speaking. And if you're not sure, but you think you might go ahead and stand, it doesn't cost anything, and you don't have to if you don't want to, but if we get everybody sworn in now, we don't have to worry about it later. So if you at all please rise, raise your right hand. Do you swear or affirm under the penalty of perjury that the testimony you will give will be the truth? Thank you. Typically, in a stated meeting, we would have uh correspondence, public discussion of anything not related to uh the cases being heard for the evening and approval of minutes, uh, but those will all be passed on, and uh we will start uh with the business at hand. Also typically we might finish the old business first and then proceed to new business. And although it's great that we have so many people here tonight, I suspect that it's not the administrative rules text carry over from last meeting that you're here for. So we will uh hold that to the uh second item tonight and uh proceed with the uh actual case PC 2021 689. Um Mr. Sugar will give a uh brief outline and then uh he'll pass it to the applicant. Um we'll have some board questions and then we'll be opening it to the public. That's for everybody uh present to uh uh make any comments, ask any questions, uh, and you can you know direct it to the applicant or to uh city staff or to the uh uh commission members, and we'll try to uh answer what we can. If uh you want to try to keep it on point to uh you know the issues that are being raised, although there's uh unlike in zoning where it might be one simple thing, this is a little broader, so there might be a little bit larger amount of questions, I suppose. So, Mr. Sugar, would you like to start, please? Yes, thank you, Mr. Chair. The uh application before us this evening is a text amendment, and it would permit a fireworks storage and retail facility as a conditional use within the zoning district one uh with requirements for minimum lot size, setbacks, buffer yards, uh certificates from state and federal agencies, and uh color of structures. Um the applicant has asked to present and orient uh the board and the audience a bit to the uh to the request. So uh like to turn it over to them, and then I can give a little background on the staff report in front of you. Thank you, Mr. Sugar. Um so whoever is speaking uh throughout tonight, you want to make sure you get up to the uh lectern and uh give your name and address. Um be sure these are very directional microphones, and you know you want to show up good on uh on the web if people are watching it live or or later, so uh speak clearly. Um could I add sure one thing that I had thought of before you get get started, and that is uh while you go through your uh process, you might want to compare and contrast some of what was written to us earlier and then some of the comments that the city uh had included in their report to us where it might be so sure go ahead take the podium.

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