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Anger about warehouses on Air Products land raises questions about land use laws

Air Products' former headquarters
Olivia Marble
/
LehighValleyNews.com
The site of Air Products' former headquarters, which will soon have three warehouses.

UPPER MACUNGIE TWP., Pa. — Warehouses have yet again become the center of discussion in the Lehigh Valley.

Last week, the Upper Macungie Township Board of Supervisors approved the final plan for three new warehouses at the former Air Products headquarters site.

Some people have since expressed anger on social media about the plan’s approval.

  • Some are angry about the recent approval of three new warehouses in Upper Macungie
  • They will be located at the former Air Products headquarters site and will cover 2.6 million square feet in total
  • Township officials answered questions about the approval process and the plan's design

The warehouses will cover 2.6 million square feet in total. Residents have previously voiced concerns about the development’s impacts on traffic, water runoff and noise, and many have similar worries now.

Some questioned why the supervisors would vote to approve the plan.

Supervisors' Chairman Sunny Ghai said the plan’s area is in the Light Industrial zoning district, which allows landowners to build warehouses.

If a type of development is allowed in the zoning of a property, township officials cannot legally deny it, regardless of whether they want it there or not.

“I know people are frustrated and they don’t want to hear about the MPC [Municipal Planning Code], they don’t want to hear about the laws, but we have to consider this,” Ghai said.

Nearby Lowhill Township voted to deny preliminary plans for two warehouses last year, and are now being sued by the developers.

Representatives from Air Products did not respond to a request for comment.

What will the warehouses be like?

Residents can view the plans by visiting the township municipal building.

The building sizes will be about 1.2 million square feet, about 930,000 square feet and about 440,000 square feet, according to the plan.

The development will have buffers, trees and hills to separate the industrial buildings from the surrounding area.

Assistant Township Manager Kalman Sostarecz, Jr. said the hills will be large enough so that nearby neighbors likely won’t be able to see the warehouses.

Air Products will straighten out the sharp curves on Cetronia Road and add a cul-de-sac called Cetronia Circle for nearby houses to access.

Air Products will also attempt to improve stormwater management in the area, adding curbs to Cetronia Road and redirecting stormwater to private basins.

Sostarecz said the township imposed certain restrictions on the uses for the warehouses to reduce the amount of truck traffic from them.

What was the process for the plan’s approval?

230202 Upper Macungie Board of Supervisors.jpg
Olivia Marble
/
LehighValleyNews.com
The Upper Macungie Township Board of Supervisors.

The plan went through a special exception process, which Sostarecz said is a “misnomer” because it implies warehouses are not typically allowed in the area.

In order to be granted the “special exception,” the developer only has to prove their warehouses will not harm the township any more than another warehouse plan, Sostarecz said. The township Zoning Hearing Board determined that that was the case.

Sostarecz said the plan went through “extensive” traffic studies, but clarified that township officials can’t use those studies as a reason to deny a plan — they can only require the developer to do traffic improvements, such as straightening Cetronia Road.

“I don’t know what else to say. It’s the law.”
Assistant Township Manager Kalman Sostarecz, Jr.

In comments, some residents implied that township supervisors and other elected officials were influenced to approve the plan because of money.

Sostarecz said he has heard these concerns before but that the township is only following what is required of them.

“I don’t know what else to say,” he said. “It’s the law.”

Can the township stop future warehouse plans?

Some residents were concerned that these large warehouse developments would keep coming into the township.

Sostarecz said there is not much space left that is zoned for warehousing, especially not the type of large buildings like Air Products’ plan.

The only place in the township that could potentially have a similar type of development is a tract between I-78, Main Street and Mine Street, Sostarecz said.

Jaindl owns that property, but does not have any firm plans for what it wants to build there, according to Sostarecz.

The township is reviewing and revising its zoning and Subdivision and Land Development Ordinances (SALDO), the laws that dictate land use. Ghai encouraged residents to attend an upcoming workshop where residents will be able to give feedback about the revisions.

But Township Planning and Zoning Administrative Specialist John Toner III said it is not legal to directly limit warehouse development through these revisions. It could be seen by the courts as a taking, which is illegal.

Toner said townships can only put “reasonable” limitations on these developments, which is difficult to define.

Ghai said he understands there is a legal risk, but he wants to use the zoning revisions to discourage intensive warehouse uses in areas close to residential properties.

Ghai cited Lower Macungie Township, where supervisors changed their zoning to only allow warehouses in an area that hasn’t seen a lot of warehouse development.

“I think you have to evaluate the risk and make a decision,” Ghai said.

The zoning and SALDO workshop will be from 6 to 8 p.m. Tuesday, July 25, in the township municipal building.