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May 31, 2023

Warehouse project opposed in Downingtown community

UWCHLAN — As part of a website posting, property owner Downingtown Area School District says it has been advised not to end an agreement with Audubon Land Development to build 1.96 million square feet

UWCHLAN — As part of a website posting, property owner Downingtown Area School District says it has been advised not to end an agreement with Audubon Land Development to build 1.96 million square feet of warehouse space on 237-acres of farmland.

Hundreds of residents have organized and asked the school district to sever the agreement and end the builder’s plans to build warehouses, just north of the Pennsylvania Turnpike’s Downingtown interchange, at the former Siemens property, at Lionville Station.

Work has already started at a similar project south of the turnpike to build 1.928 million square feet of warehouses on the 169.4 acre property known as the I-76 Trade Center, at Happy Days Farm.

The DASD has entered into a contingency agreement of sale with Audubon to purchase the Lionville Station Property. The district paid $22 million for the property in 2006 and agreed in July 2022 to sell it for more than $96 million.

Audubon recently withdrew a sketch plan submitted to the township and the district maintains that the builder is free to submit, withdrew or change plans at any time and the deal remains in effect.

The DASD posted sample questions and answers concerning the property to the district website.

The district asked, what is the next step?

“The next contractual milestone date is November 16, 2023. On this date, Audubon has the option to either extend the contract and pay the district the first half of the non-refundable deposit of $4.5 million, or proceed to closing in December 2023,” reads the post. “Should Audubon elect to extend the contract, the new closing date will become June 30, 2024.”

The district also reported that the DASD or board of directors has no control over what might be built at the Lionville Station property.

“The decision for what will or will not be built on the Siemens property can only be determined by Audubon Land Development and is governed by the township’s zoning and land development approval process,” reads the post. “The area is currently zoned for commercial and industrial use and has been so for many years.

“The zoning and land development approval process is one involving Uwchlan Township and Audubon. Ultimate approval of any development of the property comes from the Township.

“Because the district is party to a legally binding sales agreement with Audubon, it cannot discuss or entertain any other options for the property at this time.”

Why sell?

“It is the responsibility of the Board to utilize this and all district assets to further the interest of the entire district and all of its students,” reads the DASD post.

DASD’s plans to institute full-day kindergarten are contingent upon the building a new 5/6 center.

“With the funds from the sale of the Siemens property, the district can move forward with the construction of a 5/6 school closer to the center of the district, and convert the current Marsh Creek Sixth Grade Center into a 5/6 building,” according to the DASD.

“Once the 5/6 center construction is complete, DASD’s elementary schools will become K-4 schools, providing the district with sufficient space to support full-day kindergarten in all 10 elementary buildings. The estimated date for district-wide full-day kindergarten would be August 2027.”

DASD: “At this time, the district’s capital fund will not support the cost to construct a 5/6 center building, making the ability to provide full-day kindergarten partially reliant upon the sale of the Siemens property. Should the district be unable to sell the Siemens property, the estimated date for district-wide full-day kindergarten would likely move to the 2033 school year.”

The district anticipates new tax income.

“With the current township-authorized zoning, any new construction on the Siemens property would provide increased tax revenue for the district without adding any additional student enrollment burden,” according to the release. “The increase in annual real estate tax revenue would be used to support the ongoing teaching and learning of the ever-growing student population in DASD, and would help ease the future tax burden on the DASD community.”

Grassroots organization Chester Country Citizens Advocating Responsible Development, a.k.a. Save Lionville Station responded to the DASD Q&A Statement: “The community has pleaded with Downingtown Area School District to extricate themselves from the sale of the Siemens property (a.k.a. Lionville Station Farm), as is their right. Instead, DASD is hoping for a huge financial windfall to compensate for an irresponsible and lax tax strategy.

“The sale of Lionville Station Farm to Audubon Land Development comes at a great price to our township, entire county, and greater region. The unsustainable traffic and environmental impacts to Uwchlan and neighboring townships, including water, noise, and air pollution are just the start of things to come. Audubon Land Development has failed to meet any of the contractual deadlines to date.”

Save Lionville Station commented: “Preferring to ignore this fact, DASD legal counsel and board members have hidden behind the ambiguous contract wording attesting that the developer had been ‘diligently pursuing conditional use approval.’

“Neither the Township nor the community have seen any evidence of diligent pursuit. Audubon Land Development is also the buyer for the similarly situated Happy Days Farm.

“When comparing approvals for both properties, no fair-minded person would say that the buyer was diligently pursing conditional use approval. In addition, the buyer withdrew their sketch plan from the Township. They didn’t diligently pursue, they diligently withdrew. According to Audubon Land Development’s financial impact statement for Happy Days Farm, DASD stands to accrue $2.6MM annually from that development.

“This amount more than compensates DASD for a return of deposit, costs, and work product. It’s as disheartening as it is illogical that the school district continues to double and triple down on its current destructive course. We urge DASD to do the right thing for the residents of Chester County and terminate this sale.”

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