Kay Builders’ concept for a sprawling mixed-use development near Route 309 in Upper Saucon Township has been altered to replace single-family homes, apartments and retail with truck terminals.
The township Board of Supervisors on Monday voted to appoint Bucks County attorney Robert W. Gundlach Jr. to represent the township in upholding its zoning ordinance with respect to a conditional use application filed by Kay Lehigh LLC. The application was for three truck freight terminals on 115 acres at the intersection of Route 309 and Huckleberry Drive, west of East Valley Road in the township’s industrial zone, north of the Pitt-Ohio site.
Gundlach was already brought on board by the township to represent it in a curative amendment challenge to the township’s zoning ordinance filed May 1 by Kay Builders to build truck freight terminals on the property.
Truck freight terminals are permitted in the zone as a conditional use.
“It seems logical that Mr. Gundlach would do the conditional use as well,” township solicitor Thomas Dinkelacker said.
Kay Builders filed the curative amendment challenge to the zoning ordinance because truck and motor freight terminal uses are prohibited within 500 feet of the township’s open space residential, R-1, R-2, R-3, and age-qualified community zones, or properties containing a school, day care, park, playground, library, hospital, nursing home, rest or retirement home or medical residential campus.
The curative amendment hearing will be held at 7:30 p.m. Aug. 12, at Southern Lehigh Middle School, 3715 Preston Lane, in the township.
Dinkelacker said the conditional use application hinges upon the success of the curative amendment challenge, because if it is successful it will result in the ordinance being declared invalid.
The plan submitted to the township this year originally called for 388 single-family homes and townhomes and 500 apartments, along with restaurants, retail uses and a medical office building on 119 acres.
All that remains from that concept is the medical building on 4.5 acres in the commercial zone to be subdivided, with the other uses in the first proposal replaced with three truck freight terminal buildings.
Building A is proposed to be 305,250 square feet, Building B 563,500 square feet, and Building C 654,500 square feet, with 308 total dock spaces and 401 trailer spaces.
Joan Slota, of East Hopewell Drive, asked why it was necessary to hire an additional attorney to represent the township.
“Is Kay Builder’s suing us? Is it because they’re not getting what they want?” she asked.
Bringing on Gundlach as special counsel for both the conditional use and curative amendment hearings is necessary in order for the board and the township to have representation, Dinkelacker said.
“If the township wants to oppose the conditional use, it has to select its own separate solicitor who would have a different role than I would have … the separate solicitor would be to oppose [the freight terminals], my job is to advise the board,” he said.
Kevin Duffy is a freelance writer for The Morning Call.
