At its most recent meeting Upper Darby council gave the go-ahead for a developer to convert a former car dealership building into a mixed use housing development.
Council members approved waivers to New Hope Property LLC for the property at 600 Garrett Road, known locally as the old Buick building.
The project will take a mostly empty three-story former car dealer property, and add a fourth floor to create 27 single bedroom apartments along with mixed-use stores and parking on the ground floor.
The former Buick building at 600 Garrett Road Upper Darby. (TOWNSHIP POWERPOINT SLIDE)
Located in a C-1 zone, the redevelopment had been previously approved by the county and township zoning boards.
The waivers include a reduction of parking, a right-of-way along Garrett Road, nonconforming vehicle access points, permitting trees less than 50 feet from a right of way, permit to use existing utility connections.
Elected officials had questions after public comments during which a number of residents claimed one of the owners had not paid $236,000 in federal taxes, as well as having unpaid township trash and sewer fees on other properties.
Residents said the township treasurer, who was not at the meeting, is one of the owners.
Council member Michelle Billups asked if the township would be protected if the project was not finished.
Township Planning and Zoning Manager Joshua Chast said the next step is the land development agreement, at which time the developer would open up a letter of credit with the township. They also have to put down a cash escrow for engineering inspections and legal review.
The escrow won’t be released until the township is satisfied.
The developer has also worked with the Bywood Civic Association about the plan, Chast said.
One council member asked why the township is rewarding someone who may not be paying taxes.
“I don’t think anyone should be rewarded for not paying taxes,” said Jonathan McMahon, who added that he is not accusing anyone of not paying their taxes.
David Chapowitz, the attorney for New Hope LLC, said there were no taxes owed on any other property that the business owns.
He said they have been working on the project for over two years and the applicant has an over $5 million-plus loan in place to do the project, which Chapowitz called an adaptive reuse of an abandoned structure that would be an engine for redevelopment.
“There is a lot of work going into this project … we had hoped when it started it would be an engine of growth,” Chapowitz said. “Nobody is giving us money. We’re not asking for any money,” he said. “The waivers are just technical requirements of subdivision ordinances that we can’t comply with.
He used an example of stormwater management, which requires a retention basin, something that would not be impossible in the building that is surrounded by sidewalks.
Township solicitor Lauren Gallagher said the issue of taxes is unrelated to the property in question and not of appropriate consideration for the land development resolution.
The application is reviewed to see whether the application is consistent with the township subdivision and land development ordinance.
“There is nothing in the land development ordinance that deals with taxes,” Gallagher said. “That is a completely separate issue.”
Council member Kyle McIntyre said the project is a signal for future development in the township.
The motion carried unanimously.
Other business
Upper Darby council members also approved the second reading of their $83 million five-year capital-project plan that includes nearly $24 million for 2026.
At a prior meeting, Chief Administrative Officer Crandall Jones said the major investment would be on core external infrastructure and facilities, and council will have a chance to decide each year on the overall plans.
Jones said major needs include police vehicles, two firetrucks and trash trucks as well as other vehicles to replace vehicles, some of which are over 30 years old.
Council moved on approving the introduction of advertising for up to $10.25 million in general bond obligations with a public hearing to be held on May 20.
Council also accepted the yearly Edward Byrne Justice and Assistance Grant through the Delaware County District Attorney’s Office, along with Chester and Darby.
Upper Darby will receive $38,385, Chester $51,492 and Darby $20,909 in the grant, which the municipalities have been receiving for a number of years, but must be renewed yearly.
Police Superintendent Timothy Bernhardt said the funds would cover certain overtime costs and radio equipment.
Finally, in answer to a resident’s question, Jones said to date $1.8 million has come into the township from the new earned income tax. He expects that to greatly increase as the reporting for the first half of the year comes in. They expect to raise $17 million for the full year.