Hudson Planning Commission Meeting November 14, 2022: HCL and Laurel Lake Applications

The Planning Commission met on Monday, November 14, 2022 at 7:30 PM at Town Hall, 27 East Main Street, Hudson, Ohio. The meeting featured two major public hearings continued from September 12: Hudson Community Living (HCL), a conditional use and site plan for an institutional residential facility for individuals with special needs, and Laurel Lake, a conditional use for additional duplex units in a continuing care retirement community. After extensive discussion on HCL, the Commission continued the hearing to December 12, 2022 with conditions. Due to a building alarm deadline, Laurel Lake was continued to a special meeting on November 28, 2022.

Approval of Minutes

• Minutes of the October 10, 2022 Planning Commission meeting were approved by a vote of 5 in favor, 0 opposed, with 1 abstention (Ms. Jones).

Public Comments & Testimony

• Support for HCL: Multiple speakers urged approval, including parents Pat and Sherry Walsh (7519 Warren Point Lane), teacher Julie Ann Hancsak (60 Division Street), Sherry Jeffries (62 South Hayden Parkway) and her son Cole, Deven Giannetti (205 Ravenna Street), and Dave Faiman (7577 Hudson Park Drive). They highlighted the need for supportive independent living in Hudson, the safety and community contributions of the intended residents, and the lack of alternative housing for developmentally disabled adults.
• Opposition to HCL: Ross Babbitt (27 Rosylen Ave) argued the facility is an unlicensed residential care facility requiring state oversight. Attorney Diane Calta (Mansour Gavin) on behalf of neighbors Don and Lisa Kurdziel raised concerns about Fair Housing Act compliance, ADA, and the need for a specific zoning classification. Welborn Jack (28 Fox Trace Lane) cited stormwater and wetland preservation issues. Renee Commarato (35 Pinewood Lane) questioned the project's compliance with integration mandates and noted changing plans. Charlotte Barton (142 E. Streetsboro Street) supported the concept but opposed the location. Lisa Kurdziel (7 Fox Trace Lane) expressed concerns about traffic safety and integration. Ken Haneline (42 Fox Trace) cited Dr. Nofsinger's expert opinion opposing the project. Dan Wright (83 South Hayden Parkway) representing multiple families argued the density and traffic projections were underestimated and that public comment was 50-1 against. Mary Beth Miller (68 Fox Trace Lane) noted many could not fit in the room and opposed due to water issues and neighborhood character.

Discussion Items

• Hudson Community Living (PC 2022-822): City Planner Nicholas Sugar presented the staff report, confirming the use fits the institutional residential definition and that density thresholds for residential uses do not apply to institutional uses. Applicant Chris Gurreri and architect Nate Bailey presented revised site plans reducing density in the northeast quadrant (removing a three-unit building, reducing square footage by ~16,000 sq ft). They addressed staff conditions, including a 25-foot buffer yard, privacy fence, stormwater management, and a BZBA variance for wetlands. Commissioners questioned the applicant on financial feasibility, staffing, Fair Housing limitations, the ability to restrict tenants to disabled individuals, licensing requirements, deed restrictions, parking numbers, and open space. City Solicitor Pitchford agreed with staff that net density requirements are not applicable to institutional residential uses, and that the Commission has discretion under conditional use criteria to determine compatibility.
• Commission Deliberation: Commissioner Melissa Jones argued the project should be treated as residential, with density limits of 4 dwelling units per acre (16 units max). Commissioner Sarah Norman echoed concerns, stressing the need for a legal opinion on discriminatory tenant selection and a deed restriction with a 25-year renewable term, right of first refusal for the city, and demolition of two buildings if use changes. The Commission debated conceptual vs. conditional approval and timeline. A motion to continue the public hearing to December 12, 2022 with conditions was approved 6-0.
• Laurel Lake (PC 2022-823): With less than 30 minutes before the building alarm system locked, the Commission quickly voted to hold a special meeting on November 28, 2022 solely for this application, preserving the public hearing. Motion carried 6-0.
• Other Business: Commissioners discussed the application review process, noting the challenge of late changes. Commissioner Norman advocated for a cutoff after the staff report is published. No changes were made to the rules; the 2023 meeting schedule was continued.

Key Outcomes

• Hudson Community Living: Continued to December 12, 2022 public hearing. Applicant must submit (1) draft deed restriction with 25-year term (renewable 25), notice of transfer, and city right of first refusal; (2) legal opinion on ability to restrict tenants to disabled individuals and state licensing requirements per Ohio Revised Code; (3) detailed landscaping plan; and (4) reduced project density (specific number of units not dictated, pending legal opinion on institutional use).
• Laurel Lake: Continued to a special meeting on November 28, 2022 at 7:30 PM (location TBD).
• Meeting Schedule: DRAFT 2023 Planning Commission schedule was postponed to a future meeting.