Judge revokes PRD tentative approval
Source:
Eagle Staff Writer
Written by:
By Caleb Harshberger
Published:
December 6, 2017
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ADAMS TWP — Butler County Common Pleas Court Judge Marilyn Horan has revoked Adams Township’s tentative approval for the proposed Hickory Glen development planned for Pearce Road, citing an “error of law.”

Horan ruled to revoke the approval Nov. 20, citing ordinance violations and “error of law” in the township’s decision. In Horan’s ruling she also dismisses a motion by the developers appealing the township’s denial of final approval for the plan.

She found that “the board abused its discretion in granting tentative approval without providing for proper access points and street right of way widths,” the decision reads, in part.

Specifically, Horan found that the plan violates an ordinance limiting the number of homes accessible by an access point, or road, to 60 homes per road. The 50 homes in the plan added to the 20 already on the road, exceeded that limit. To build those homes, another road would have to be constructed.

Additionally, the township did not follow procedure when it granted tentative approval before giving the Butler County Planning Commission 30 days to review the plan and issue a recommendation, according to the decision.

With tentative approval revoked, Horan also dismissed a motion by Hickory Glen Partners to appeal the township’s denial of final approval as moot.

The Hickory Glen development has been a source of controversy in the township for months, with residents expressing their opposition to the plan for its impact on the land and on traffic.

Residents also disagreed with having a dense development in the township’s rural-conservation zoning district.

Township officials and Weaver Homes did not return requests for comment.