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Record of Proceedings

Hudson Planning Commission Meeting - July 25, 2022

Planning Commission — Monday, July 25, 2022
BodyHudson, Ohio
SessionPlanning Commission
DateMonday, July 25, 2022
StatusFILED
Video Record
0:00 / 2:08:23

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:03

Welcome to a stated, although uh it's a different date than originally planned to the City of Hudson's Planning Commission.

0:14

Mr.

0:14

Sugar, could we have a roll call, please?

0:17

Yes.

0:19

Uh Mr.

0:19

Furby.

0:21

Mr.

0:22

Nistrom.

0:23

Here.

0:23

Ms.

0:23

Norman.

0:24

Here.

0:25

Mr.

0:25

Lehman.

0:26

Here.

0:27

Thank you.

0:28

Next, we'll swear in uh city staff and then anyone who's planning on speaking tonight, if you could please rise.

0:40

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

0:46

Thank you.

0:52

Next is we have the correspondence not relating to uh tonight.

1:00

Anything else that's come in, Mr.

1:02

Sugar?

1:03

Oh, just for the two files.

1:04

We've received correspondence, which we'll highlight individually.

1:06

Okay, and uh we could have public discussion.

1:10

Again, this would be anything not relating to tonight.

1:13

Um what's on the agenda.

1:16

Okay, and then finally we have uh approval of the minutes from the June 13th meeting.

1:22

However, in perusing it, uh we only have two people tonight who were present at that meeting, so we'll have to carry the minutes over to the next meeting when we have more people who were present at the June meeting to approach.

1:37

Mr.

1:37

Chairman, would it be appropriate for me to suggest a correction of a typo in advance of that?

1:42

If you have it, then that's not uh uh voting on it, and then they can uh do that.

1:48

I'll just call that to Mr.

1:49

Sugar's attention on page two.

1:51

Um, under item A, the fourth paragraph down that begins with the commission.

1:57

The second line from the bottom in um partial quotations is regular waster is what it looks like.

2:06

The first time I read it, I said, Oh, it must be regular water.

2:09

And then I went back and I said, No, I think it's regular waste, and then I realized that indeed it really mattered whether we had that right or not.

2:17

So I just bring that to your attention for next meeting.

2:20

Okay, I'll clarify that.

2:23

Thanks, Ms.

2:23

Norman.

2:28

Um I don't think we have any old business, so we have two hearings tonight that um are kind of revisits from uh prior cases.

2:40

Now we have four in attendance out of our usual seven, so it'll take three to uh to pass a motion.

2:51

If uh a vote was to be two-two, that would be a uh failure.

2:57

So uh any applicant um before us, if it's looking like uh you know it might be you know a two-two vote or something, you can ask for the a continuance uh so that it's before the full board and we would hold it at a future meeting then.

3:17

Um now because these are re-hearings for for both of these uh cases, and then particularly the first one it expired uh because they did not initiate the or attain the zoning certificate uh within the one year of a approval.

3:37

We should really be focusing on any new recommendations or the elements that uh you know cause this to come before us that are different than what was already approved, kind of under starry decisis.

3:51

Um we've already considered uh the case, but we really want to look at what's different.

3:58

So if anybody's gonna be speaking tonight, um that's probably where you'd want to put most of your focus on.

4:11

So our uh first case is a conditional use request of a boarding kennel at 2461 Barlow Road, parcel 300 1097.

4:23

This is uh 2022-314.

4:28

Uh Mr.

4:29

Sugar, would you like to give the report?

4:32

Yes, thank you, Mr.

4:32

Chair.

4:33

I can give some background and highlight the the staff report uh that's in the packet.

4:37

Um properties located at 2461 Barlow Road.

4:40

It's a residential home with a uh outbuilding in the rear.

4:44

Um the proposal is a conditional use request for a boarding kennel with with grooming associated with that as well.

Discussion Breakdown — Share of Meeting
Land Use Regulation███████████████████████████████31%
Miscellaneous███████████████████████23%
Animal Welfare██████████████████18%
Procedural█████████9%
Water And Wastewater Management███████7%
Planned Development█████5%
Zoning Code██2%
Transportation Safety██2%
Housing█1%
Summary of Proceedings

Hudson Planning Commission Meeting - July 25, 2022

The City of Hudson Planning Commission held a special meeting on July 25, 2022, at 7:30 PM in Town Hall. The meeting was rescheduled from July 11. Acting Chair David Lehman presided with four members present (Lehman, Norman, Nystrom, Furbee) out of seven; Melissa Jones, Ronald Stolle, and Erik Vaughan were absent. The commission considered two conditional use applications and received a legal review of Land Development Code Section 1204.01.

Approval of Minutes

  • The minutes from the June 13, 2022 meeting were postponed because not enough members present had attended that meeting.

Public Hearings

A. PC 2022-314: Conditional Use for Boarding Kennel at 2461 Barlow Road

  • Staff Presentation: City Planner Nicholas Sugar reviewed the background, noting the property previously operated as The Animal Inn (1992–2018). The current applicants, Ethan and Amy Millsaps, received a conditional use approval in 2021 but the approval expired. The main new issue was waste disposal: the outbuilding had been illegally connected to a storm sewer. The applicants propose a gray water treatment system designed by engineer John Volosen, approved in concept by Summit County Public Health (SCPH) but requiring a variance from the Board of Zoning and Building Appeals (BZBA) because the property cannot connect to public sewer (the city’s Department of Sanitary Sewer Services determined the location precludes service).
  • Applicant Presentation: Ethan Millsaps described the business (Hudson Hounds Room and Groom) with a maximum of 12 overnight boarding dogs and up to 16 during daytime (including grooming). They detailed extensive noise mitigation: four layers of soundproofing (foam insulation, PVC walls, FRP coating, HDPE kennel suites). Decibel testing showed a 108 dB bark reduced to 52 dB inside the building and inaudible 15 feet away. Waste management: solid waste collected in disposable liners and stored in EPA-approved airtight containers for commercial hauling; no hosing of kennels; gray water from grooming sinks filtered and dispersed in an on-site mound. Soil tests and design reviewed by a certified soil scientist. Hours: boarding 7am–7pm daily; grooming Tuesday–Friday 9am–5pm, Saturday 9am–2pm, closed Sunday–Monday.
  • Public Comments:
    • Bonnie and Scott Kerr (2124 Barlow Road) raised concerns about the location of the gray water mound (close to their well – about 75 feet away; SCPH requires 50 feet, but they argued 150 feet for safety). They also questioned the inability to collect all urine and feces, noise from outdoor runs, and the applicants’ lack of experience. They noted past nuisance from the previous kennel.
    • Scott Kerr added that the soundproofing claims were untested with multiple dogs; the outdoor chain-link fence does not abate noise; and the number of dogs could exceed limits if multiple dogs share cages.
  • Commission Discussion: Questions addressed waste removal logistics (containers stored outside, hauled by company), gray water freezing (engineer confirmed not an issue in Summit County), building siding compliance with LDC 1205.02(7)(D)(2), and soil suitability. Commissioners acknowledged the applicants’ extensive efforts and noted a need for variance on public facilities.
  • Motion and Vote: Sarah Norman moved to approve with conditions; seconded by David Nystrom. Approved 4–0 (Lehman, Norman, Nystrom, Furbee). Conditions included:
    1. Subject to BZBA variance for Section 1207.11 (gray water system).
    2. Parking to meet code, verified by staff.
    3. SCPH approval of gray water system prior to zoning certificate.
    4. Signage and lighting to meet LDC.
    5. Maximum 12 overnight boarding dogs.
    6. Buffer yard D along property line with 2421 Barlow Road; parking lot buffering per 1207.04.
    7. Hours of operation as stipulated (boarding 7am–7pm daily; grooming times corrected to Tuesday–Friday 9am–5pm, Saturday 9am–2pm, closed Sunday–Monday).

B. PC 2022-583: Conditional Use for 35-Unit Townhome Development at 3003001 Darrow Road

  • Staff Presentation: Nicholas Sugar explained the property has split zoning (front: D7 commercial overlay; rear: D3 residential) and the commission had approved a conditional use on December 13, 2021. Since then, the applicant (TriBand Investments/Knez Homes, building partner Drees Homes) revised the site plan after AHBR discussions, changing from rear-load to primarily side- and front-load garages. Staff recommended approval but suggested reducing the number of side-by-side front drives via more duplex units.
  • Applicant Presentation: Gillian Hall (TriBand) and Thomas Sutcliffe (Drees Homes) presented. Sutcliffe cited a market segmentation study showing demand from empty nesters and young professionals for maintenance-free townhomes with first-floor master bedrooms. The revised plan includes 35 units, over 50% side-load garages. They argued front-load design allows backyards and better living space. They addressed wetlands protection using West Creek Conservancy with a permanent easement.
  • Public Comments: No one spoke during the public comment period. A letter from the southern property owner was received, requesting careful stormwater review.
  • Commission Discussion: Topics included compatibility with surrounding uses (commercial and undeveloped land), hierarchy of land use intensities, emergency vehicle access, buffer yard requirements, location of access road, potential sanitary lift station, and classification of duplex units (two attached, while townhomes require three or more). Staff and commissioners debated whether including two duplex buildings (four units) was permissible as townhomes; staff considered it a minor variation but Commissioner Norman expressed concern about setting precedent. After discussion, the applicant indicated they could redesign to eliminate duplexes or provide density calculations.
  • Motion and Vote: David Nystrom moved to approve with conditions; seconded by Andrew Furbee. An amendment was added (the “Norman amendment”) requiring that all units be townhomes or that the applicant present a density calculation meeting Section 1205.06(d)(1). Approved 4–0. Conditions included:
    1. Compliance with Architectural and Design Standards.
    2. Site plan to show limits of disturbance and wetland setbacks.
    3. Demonstration of open space compliance per 1207.05.
    4. Additional landscaping or opaque fence along north property line buildings.
    5. Address all items from Assistant City Engineer’s letter dated 6/24/22.
    6. Address all items from Fire Marshal’s letter dated 7/21/22.
    7. Revise site plan to include only townhome units OR present density calculation meeting Section 1205.06(d)(1).

Other Business

A. City Solicitor Review of Section 1204.01 of the Land Development Code

  • City Solicitor Marshall Pitchford presented a legal analysis of whether the 12 listed criteria in Section 1204.01 (review of map amendments) are mandatory findings or guidelines. He concluded they are guidelines (considerations), not each required to be met. The commission discussed the flexibility this allows in decision-making, and no formal action was taken.

Staff Update

  • Nicholas Sugar announced there will be no Planning Commission meeting in August 2022.

Key Outcomes

  • Boarding Kennel (PC 2022-314): Approved 4–0 with conditions listed above. The applicant must obtain a variance from BZBA for the gray water system.
  • Townhome Development (PC 2022-583): Approved 4–0 with conditions, including the requirement to eliminate duplexes or provide compliant density calculations. Further site plan review will follow.
  • Legal Guidance: The solicitors opinion confirms that the 12 criteria in LDC Section 1204.01 are guidelines, not mandatory findings, giving the commission discretion in map amendment decisions.

Meeting Transcript

Welcome to a stated, although uh it's a different date than originally planned to the City of Hudson's Planning Commission. Mr. Sugar, could we have a roll call, please? Yes. Uh Mr. Furby. Mr. Nistrom. Here. Ms. Norman. Here. Mr. Lehman. Here. Thank you. Next, we'll swear in uh city staff and then anyone who's planning on speaking tonight, if you could please rise. Do you swear or affirm under the penalty of perjury that the testimony you give will be the truth? Thank you. Next is we have the correspondence not relating to uh tonight. Anything else that's come in, Mr. Sugar? Oh, just for the two files. We've received correspondence, which we'll highlight individually. Okay, and uh we could have public discussion. Again, this would be anything not relating to tonight. Um what's on the agenda. Okay, and then finally we have uh approval of the minutes from the June 13th meeting. However, in perusing it, uh we only have two people tonight who were present at that meeting, so we'll have to carry the minutes over to the next meeting when we have more people who were present at the June meeting to approach. Mr. Chairman, would it be appropriate for me to suggest a correction of a typo in advance of that? If you have it, then that's not uh uh voting on it, and then they can uh do that. I'll just call that to Mr. Sugar's attention on page two. Um, under item A, the fourth paragraph down that begins with the commission. The second line from the bottom in um partial quotations is regular waster is what it looks like. The first time I read it, I said, Oh, it must be regular water. And then I went back and I said, No, I think it's regular waste, and then I realized that indeed it really mattered whether we had that right or not. So I just bring that to your attention for next meeting. Okay, I'll clarify that. Thanks, Ms. Norman. Um I don't think we have any old business, so we have two hearings tonight that um are kind of revisits from uh prior cases. Now we have four in attendance out of our usual seven, so it'll take three to uh to pass a motion. If uh a vote was to be two-two, that would be a uh failure. So uh any applicant um before us, if it's looking like uh you know it might be you know a two-two vote or something, you can ask for the a continuance uh so that it's before the full board and we would hold it at a future meeting then. Um now because these are re-hearings for for both of these uh cases, and then particularly the first one it expired uh because they did not initiate the or attain the zoning certificate uh within the one year of a approval. We should really be focusing on any new recommendations or the elements that uh you know cause this to come before us that are different than what was already approved, kind of under starry decisis. Um we've already considered uh the case, but we really want to look at what's different. So if anybody's gonna be speaking tonight, um that's probably where you'd want to put most of your focus on.

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