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Upper Hanover supervisors reject D.R. Horton rezoning in 2-2 split
Summary
The board voted 2-2 on Ordinance 2022-01 to rezone roughly 40 acres from LIC-1 to R2, leaving the request denied at the Feb. 8 meeting after testimony from applicant counsel and planning and traffic experts and questioning from about 20 residents.
Upper Hanover Township supervisors voted 2-2 on Feb. 8 and did not adopt Ordinance 2022-01, a rezoning request from D.R. Horton to change roughly 40 acres from LIC-1 to R2.
Solicitor Joseph Bresnan opened the public hearing at 7:10 p.m. The applicant was represented by attorney Carl Weiner, and the applicant presented two expert witnesses: John Kennedy of Kennedy & Associates, LLC testified as a planning expert and David Horner of Horner & Canter testified as a traffic engineering expert. A court stenographer recorded testimony. About 20 residents attended and questioned the witnesses and the board.
Supervisor Stefan Laessig moved to adopt the ordinance; Chairman Steven R. Rothenberger seconded the motion. The motion failed with Supervisors Timothy Woodward and Ben Fiorito voting in opposition. The board did not adopt Ordinance 2022-01 at that meeting, leaving the properties zoned LIC-1 pending any new application or hearing.
The hearing record shows substantive testimony on planning and traffic matters from the applicant's experts and extensive public questioning; the minutes do not record direct quotes from speakers or a final written finding by the board. No formal continuance, conditional approval, or amendment to the ordinance was recorded in the minutes.
