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Kang v. Supervisors of Township of Spring and Srping Ridge Land Development Company

Board of Supervisors' grant of conditional use to developer to construct a hotel with an accessory restaurant in a Planned Residential Development (PRD) reversed because the Board's grant erroneously permitted the developer to amend the PRD plan through its conditional use application, thereby circumventing the modification provisions of the PRD ordinance.

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Argued: April 2, 2001

OPINION

Chong Kang and Richard Baumbach (collectively, Residents) appeal from the August 17, 2000 order of Court of Common Pleas of Berks County (trial court) that denied and dismissed their appeal of the decision of the Spring Township Board of Supervisors (Board) to grant a conditional use to Spring Ridge Land Development Company (Spring Ridge) to construct a hotel with an accessory restaurant in the Spring Ridge Planned Residential Development (Spring Ridge PRD). *fn1 We are faced here with a PRD Ordinance that appears to sanction two concurrent layers of zoning for the same parcel: the PRD zoning and that of the original zoning district.

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