Title
MOTION TO APPROVE A SETTLEMENT AGREEMENT REGARDING APPEAL REQUEST TO THE FINAL DECISION OF THE PLANNING COMMISSION TO APPROVE THE SITE PLAN AND CONDITIONAL USE FOR HUDSON COMMUNITY LIVING, A PROPOSED INSTITUTIONAL RESIDENTAL USE ON SOUTH OVIATT STREET.
Brief Description: City Council request to consider the settlement agreement submitted by the appellant regarding the appeal request to the Planning Commission action to approve the site plan and conditional use for Hudson Community Living, a proposed Institutional Residential use on South Oviatt Street.
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Purpose & Explanation
The subject of this public hearing is a request for an appeal, pursuant to Section 1212.01(c), from the final decision made by the Planning Commission to approve a Site Plan request on December 12, 2022 for a proposed Institutional Residential Use requested by Hudson Community Living LLC, per Planning Commission case No. 2022-822.
The appellant is Mr. Wellborn Jack, III of 28 Fox Trace Drive, Hudson, Ohio 44236, represented by Daniel K. Wright, II - DKWright Law LLC, Attorney at Law, 56 Milford Drive, Suite 405, Hudson, Ohio 44236.
A settlement agreement offer was forwarded from the appellants attorney on January 16, 2023. The attorney representing Hudson Community Living and City Solicitor Marshal Pitchford both reviewed and acknowledged acceptance of the offer. The settlement has been forwarded to City Council for acceptance which would result in the dismissal of both the site plan and conditional use appeals. The agreement would also lift a stay of proceedings per LDC 1203.06(a)(6) and allow the applicant to pursue further applicable approvals and proceed towards a zoning certificate.
The appellant had also submitted an appeal request of the Conditional Use approval which has been submitted to the Board of Zoning and Building Appeals (BZBA). At the BZBA meeting of January 19, 2022, a motion to continue the request until February 2, 2023 was approved to allow...
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