- A proposal for a 150,000-square-foot warehouse may move forward in a compromise
- The Upper Macungie Zoning Hearing Board has held two hearings about whether to allow the plan from developer Prologis
- The township was an objector to the plan in the hearing but is now working on an agreement with Prologis
UPPER MACUNGIE TWP., Pa. — A controversial warehouse plan in Upper Macungie may move forward in a compromise.
The Upper Macungie Zoning Hearing Board has held two hearings about whether township land use laws would allow a warehouse proposal at 110 PA Route 100.
The proposal calls for a 150,000-square-foot warehouse. Prologis is the property's owner and had asked the Zoning Hearing Board to appeal the township’s determination that the plan is not allowed under its laws.
Both Upper Macungie Township and Star Hospitality Group Inc., owners of Fairfield Inn & Suites by Marriott Allentown West next to the property, were objectors during the hearing.
“We think we're close, and we’re cautiously optimistic that we can come to a stipulated set of conditions of approval."Attorney representing Prologis Daniel Rowley
Those parties had argued that a warehouse development is not allowed on the property because the industrial use is not compatible with the hotel, which is on the same lot.
An attorney representing Prologis Daniel Rowley said after the latest hearing in August, Prologis “saw an opportunity” to agree to conditions of approval for the project instead of having the Zoning Hearing Board rule on it.
However, that agreement has not yet been finalized.
“We think we're close, and we’re cautiously optimistic that we can come to a stipulated set of conditions of approval,” Rowley said.
Township Solicitor Andrew Shantz said the township decided to collaborate with Prologis to come to a decision that would benefit all parties. He said in an interview that they are “very close” to coming to an agreement.
A legal debate
The property is situated in the Light Industrial Zoning District, which typically permits warehousing by special exception.
When use is allowed by “special exception,” that means it is an allowed use as long as the property owner proves their warehouses will not harm the township any more than another warehouse plan, Assistant Township Manager & Director of Community Development Kalman Sostarecz has said previously.
But township Zoning Officer Kyle Kuester ruled that the plan was not allowed per township zoning ordinances because it was not a compatible use with the hotel, according to his testimony to the township Zoning Hearing Board.
Fairfield Inn & Suites and the proposed warehouse are on the same condominium lot, with the same driveway between them.
Representatives from the township and the hotel argued at previous hearings that in this type of lot, mixed uses must be compatible with each other, and a warehouse and a hotel are not compatible.
They also argued that if the entrance driveway were to be shared between the hotel and the proposed warehouse, that would be unsafe for hotel guests and truck drivers.
However, representatives from Prologis argued that the township had approved similar plans in the past, so it was legally required to approve this plan.
The Zoning Hearing Board plans to vote on whether to approve the agreement at its Nov. 8 meeting, which will be held at 6:30 p.m. in the municipal building.
The Board of Supervisors would have to approve any agreement the township makes. It will likely vote on the agreement at its Nov. 2 meeting, which will be held at 7 p.m. in the municipal building.
