Developer calls Peters Township traffic-related demand ‘unreasonable’
A Minnesota developer that has proposed building senior-citizen housing in Peters Township has taken the township and its council to court.
The Waters Senior Living Holdings LLC, which is headquartered in Minnetonka, won council’s approval late last year for a 124-unit facility on a 3.72-acre lot along Valley Brook Road at Friar Lane, part of the McMurray Town Center zone.
The complex, according to The Waters, might include independent living, personal care and memory care facilities, plus beauty or barber shops, a pharmacy and areas for dining and physical and occupational therapy. A diagram included with court papers shows an open plaza, a restaurant and a fitness center.
A garage would house 55 vehicles, and a parking lot would accommodate an additional 50.
The township planning commission recommended approval by council, which convened a public hearing.
“A handful of persons raised concerns about the project at the hearing,” The Waters’ attorneys stated in a land-use appeal filed in Washington County Court. “But no specific competent evidence was presented that the project would be detrimental. …
“It was generally acknowledged that regardless of the project, improvements were needed to Valley Brook Road because of existing traffic conditions.”
In approving the project, council placed several conditions on the development, including a traffic study.
A written decision produced by Peters Township Council stated council, “at its sole discretion, may require (The Waters) to construct” turning lanes that would require a PennDOT highway occupancy permit.
Attorneys for The Waters called this condition unreasonable, unsupported by substantial evidence, an abuse of discretion and an error of law that has the same effect as a denial.
Improvement of the traffic congestion at Valley Brook and Friar is needed regardless of whether The Waters proceeds with the project, the developer claims, and Peters council is exceeding its legal ability. It asked the court to modify the township’s decision.
No court date has been scheduled.