Litigation between Concord Township and Pulte Homes is over. Township Council agreed Tuesday night to accept the recommendation of township solicitor Hugh Donaghue to end the legal wrangling of the proposed development along Route 202 south of Whole Foods. The vote was 6-1, with Councilmember Tom Mahoney casting the lone no vote.
At issue was the proposed development of the 22.5-acre Spring Lake tract, the old Chip & Putt site.
Before announcing his recommendation, Donaghue gave a synopsis of the plan's history and how it went from a proposed 254-unit development down to 128 units.
In August of 2018, Council denied conditional use approval for a 254-unit residential community, and Pulte went to court. Judge John Whelan reversed the decision and remanded the matter to Council in July of 2019. Council held a second conditional use hearing in November of 2019 with the same results, denial. Pulte again appealed to the court, and the court, again, reversed the township's decision and remanded it to Concord.
Donaghue then filed a motion to reconsider in January of 2020. The court granted that request. Oral arguments began in February, and the court opined there were issues with the development's size and that it would be in the best interest of both parties to attempt resolving the matter. The COVID-19 pandemic delayed further discussions until this summer.
During those latter discussions, the proposed number of units was reduced, first down to 200-210 units, which the township declined. Then the number of units was reduced to 180. Concord declined that as well. Pulte then proposed a 154-unit plan. Concord said no. Pulte then proposed 128 units.
Donaghue suggested that Council agree to that 128-unit figure. "It's a much better plan. Why? Obviously, it is less dense, provides a better buffer area for the surrounding communities," adding that there is now an additional four acres of open space with a small activities field and walking trail.
He also said Pulte would present a set of fully engineered plans that the township engineer, land planner, and fire marshal would review, to "incorporate the conditions of the memorandum."
Donaghue continued by saying he and Council members have spoken with nearby residents who would like to see better buffering, fencing, and plantings.
"It is my professional opinion, and I'm recommending that Council approve this resolution. I strongly believe that this is in the best interest of the township, and I believe is in the best interest of the neighborhood immediately to the east and in the best interest of all the surrounding neighborhoods," Donaghue said.
Other business
Council approved the 2021 budget during its Dec. 8 meeting. As was presented during the budget hearing last month, township millage rates are down to offset the increase in Delaware County's reassessment.
As previously reported, the township milage is 0.530 mils, with 0.162 mils for general purposes, 0.095 for fire protection, 0.065 for the library fund, 0.063 for the fire hydrant fund, and 0.145 mils for the open space reserve fund. Property owners outside a fire hydrant district will have a rate of 0.467 mils because they won't pay into the hydrant fund.
About Rich Schwartzman
Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.
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