Title
A RESOLUTION AUTHORIZING A SETTLEMENT OF THE PRESTIGE BUILDER GROUP, LLC V. CITY OF HUDSON LAWSUIT AND RELATED CLAIMS SURROUNDING THE CANTERBURY MEADOWS DEVELOPMENT.
Brief Description: This legislation authorizes the City Manager to execute a Settlement Agreement and Release with Prestige Builder Group, LLC, George Vizmeg, Kuchar Limited Liability Company, Canterbury-K Farms LLC, and Prestige-Canterbury Farms, LLC concerning the proposed development of approximately 94.56 acres located on Ravenna Street and Stow Road.
The Settlement Agreement resolves pending litigation and a multi-million dollar administrative hardship claim concerning the Property and establishes the terms for the now-compliant development of the property as a 32-lot single-family Open Space Conservation Subdivision (“OSCS”), substantially in accordance with the September 12, 2025 Preliminary Plan reviewed by the Planning Commission.
Body
Legislative History
None
Purpose & Explanation
Background
The City and the developers of a proposed residential subdivision have reached a tentative settlement resolving zoning, administrative, and constitutional claims related to the development of a 94 ½-acre parcel on Ravenna Street into a 32-lot subdivision of luxury homes. The name of the development is Canterbury Meadows.
The developer’s new plan meets, and in several respects exceeds, the technical requirements of the City’s Land Development Code (LDC). The plan also addresses longstanding stormwater runoff issues in the area, is expected to generate millions of dollars in infrastructure improvements, including utility extensions, and is projected to expand the tax base for the City and our local schools.
Litigation, Hardship Petition, and Potential Federal Lawsuit
The underlying dispute originated before the Planning Commission and proceeded through the Board of Zoning and Building Appeals and City Council before reaching court, where the case remains pending.
The developers have also filed a statutory “Hardship Petition,” alleging that the LDC has been enforced in a manner that deprives them of the economic value of their property. Under Ohio and local law, such a petition is typically a precursor to a property owner’s pursuit of a federal lawsuit alleging constitutional violations relating to the taking or use of their property.
The developers have alleged millions of dollars in potential damages should the project not proceed as proposed. Insurance coverage for claims of this nature is not guaranteed, and, in the event of an adverse federal court ruling, the City could face significant exposure directly from taxpayer funds.
Terms of the Proposed Settlement
Under the proposed settlement negotiated through a lengthy mediation, the City and court would approve a revised “Preliminary Plan” for a 32-lot subdivision, replacing a prior 34-lot plan that did not comply with City standards. Review and approval of a Final Subdivision Plat and improvement plans, consisting primarily of technical and engineering review, would be administered by City staff. All other required city, county, state, and federal approvals would proceed through standard review processes.
Key terms of the proposed “Preliminary Plan” include:
• 62% Projected Open Space - Approximately 58.57 acres is preserved as open space;
• 87% of wetlands are protected;
• Expanded perimeter setbacks beyond LDC requirements, averaging 200+ feet from neighboring properties;
• Reduction from 34 to 32 buildable lots, lowering density to approximately one dwelling unit per 2.6 acres;
• Amenities, including open space, a gathering area, an observation deck, an arboretum, and an interior trail network;
• Improved stormwater management system with expanded detention comprising four management ponds to address onsite needs and improve the surrounding area; and
• Infrastructure improvements, including extensions of sanitary sewer, water, and related utilities.
The settlement also provides for the dismissal with prejudice of the pending lawsuit, mutual releases related to the litigation and Hardship Petition, $3 million in defense and indemnification protections for the City, and financial security guaranteeing completion of required improvements.
If approved, Council’s action would authorize the City Manager to execute the Settlement Agreement, subject to approval as to form by the City Solicitor, and direct the administration to implement its terms.
Public Hearing and Opportunity to be Heard
Because the proposed settlement’s impact on the City’s general welfare is ultimately a question for the community, City Council will conduct a public hearing on the proposed Settlement Agreement on September 15, 2026, during its regularly scheduled meeting. Council is committed to giving residents an opportunity to be heard and weighing all perspectives before reaching a final decision. Residents are encouraged to attend and share their views.
Independent Review
In the interest of reaching a fair and well-informed decision for all residents affected by this agreement, the City has retained an independent zoning and planning consultant to carefully evaluate the Preliminary Plan and report back on whether it satisfies the requirements of the City’s Land Development Code. The consultant’s report is expected to be presented to Council during the September 15, 2026 hearing.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04:
Competitively bid and advertised for three consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required.
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
It is recommended that City Council conduct a public hearing, consider all the testimony and comment, and if appropriate, approve the proposed Settlement Agreement and Release, and authorize all actions described in it, as well as any additional actions needed to carry out its purpose and terms.
Submitted by,
City Council President Michael Bird