Title
AN ORDINANCE AMENDING CHAPTER 1205, “ZONING DISTRICTS - CITY OF HUDSON ZONING MAP,” CHAPTER 1206, “USE REGULATIONS,” AND CHAPTER 1213, “DEFINITIONS,” OF THE LAND DEVELOPMENT CODE TO INCORPORATE REGULATIONS TO CONDITIONALLY PERMIT FIREWORKS STORAGE AND FIREWORKS RETAIL FACILITIES.
Brief Description: Land Development Code text amendment request to permit Fireworks Storage and Fireworks Retail Facilities as a conditional use within District 1: Suburban Residential Neighborhood.
Body
Legislative History
None
Purpose & Explanation
The City of Hudson received a private party initiated application to request a Land Development Code Text Amendment to permit Fireworks Storage and Fireworks Retail Facilities as a conditional use in District 1. The amendment has been proposed by the property owners of American Fireworks to accommodate future growth of the company which has been in operation at 7041 Darrow Road for over 100 years. The facility was regulated as a non-conforming use under the Hudson Township and City of Hudson Land Development Code (LDC) ordinances. The business has received several approvals for expansion under both the Township and City regulations; however, is now limited for further expansion due to the current LDC restrictions on the percent growth permitted for a non-conforming use. If the LDC amendment is approved, the applicant could then apply to the Planning Commission for a conditional use request to expand the facility.
The Planning Commission conducted a public hearing of the request and reviewed the application at the meetings of July 26, 2021, September 13, 2021, and October 11, 2021. The Planning Commission has forwarded a recommendation to approve subject to conditions referenced in the attached decision letter and in the attached draft legislation.
The draft legislation would establish Fireworks Storage and Fireworks Retails Facilities as a conditional use in District 1 and contain the following summarized criteria:
o Minimum lot size of 50 acres
o All containers to be painted a compatible color to blend in with landscape.
o 300 ft setback from containers and retail use to the property line of a residential use
o Doors of containers to face the interior of the lot
o All containers adjacent to residential use to be buffered with mound equal to height of the container.
o Maximum weight of 10,000 lbs for all fireworks storage containers
o Setbacks established for containers from residential uses, non-residential uses, and setbacks between containers.
o Quarterly reporting to the City.
o Requirement to be in compliance with applicable state and federal law.
Timing Considerations
The following schedule has been proposed and would comply with LDC Section 1203.03(b)(1)B, which states City Council shall hold a public hearing and take final action within twenty days of said public hearing.
o First Reading: November 16, 2021
o Second Reading and Public Hearing: December 7, 2021
o Third Reading and anticipated action: December 21, 2021
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required.
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends the City Council receive the application and the Planning Commission recommendation, conduct a public hearing, and act on the request.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, Asst. City Manager - Professional Services
Greg Hannan, Community Development Director