Commission approves 13‑lot Hudson Avenue cluster subdivision despite neighbourhood safety and drainage concerns

On March 13, 2025, the Metropolitan Planning Commission approved a concept plan for a 13‑lot cluster subdivision at 3862 Hudson Avenue, a major subdivision proposing two new public streets, a cul‑de‑sac and a future stub connection. The commission approved the concept with conditions after staff said the proposal meets subdivision regulations and conservation/cluster-lot standards in place at the time of submittal.

Adam Avis, planner, and then CJ Merrell of 615 Design Group presented the application. Staff noted the site is zoned RS‑15 and that cluster-lot rules submitted before a code change are applied under the prior regulations. The subdivision proposes 13 lots (the developer said the buy‑right yield is 15 but the applicant reduced the plan to 13), allows reduced lot sizes down to the equivalent of RS‑7.5 (7,500 sq ft) where permitted, and provides roughly 42% common open space versus the 15% minimum required for cluster-lot subdivisions. Staff also identified site constraints: three lots contain slopes greater than 20% and Lot 6 contains slopes greater than 25%, requiring building envelopes set outside the steepest slopes.

Several neighbors spoke in opposition, citing safety on a steep, blind hill; existing drainage and basement flooding; loss of tree cover and wildlife; lack of sidewalks; and increased traffic from new houses. Sean Trainer, a Hudson Avenue resident who delivered a petition, said the street already has significant blind spots and limited pedestrian space: “We are in opposition … It feels like a neighborhood … Just the thought of 15 more houses … it just seems like it's going to have a lot more congestion,” Trainer said. Multiple neighbors reported basement flooding after nearby development and warned the new road and cuts could worsen runoff and destabilize adjacent foundations.

The applicant said NDOT reviewed sight-distance and that the proposed intersection ties in at the top of the hill with demonstrated sight distance meeting the requirements for a 30‑mph design (the street speed is 25 mph). The applicant also emphasized the site’s stormwater strategy, noting the majority of site drainage leaves toward the northwest corner and that the plan exceeds the open-space requirement. “We’re required to meet the side distance for a 30 mile per hour street. We’ve shown that,” the applicant said.

Commissioners discussed stormwater, pedestrian safety and traffic-calming options. Commissioner Smith said she had “complete faith in our stormwater department,” encouraged the developer to work with NDOT on speed-calming measures and noted that this was a by‑right subdivision review under adopted subdivision criteria. Councilor Campbell asked for clarification about stormwater review at concept stage; staff said the concept plan demonstrates available physical room for required improvements and that final engineered plans will be reviewed at the permitting stage.

Commissioner Henley recused himself from the vote. Councilor Campbell moved to approve the concept plan with conditions; after a second, the commission voted in favor by voice and the motion carried.

Conditions recorded in the staff report and discussed at the hearing include meeting final engineered stormwater requirements at site-plan/permit stage, providing gutters and street drainage to INDOT standards, meeting hillside and building-envelope requirements for lots with steep slopes, meeting NDOT sight-distance and public‑street construction standards, and maintaining the proposed 42% common open space. The applicant will return with engineered plans for final review and building permits.