Lawmakers Reject Exton Square Redevelopment, Developer ARD Plans To Sue

The Walk at Exton Town Centre has stopped stepping forward, but perhaps not for long.

The West Whiteland Township Board of Supervisors rejected Abrams Realty & Development’s master plan proposal for a redevelopment of the ailing Exton Square Mall during its Wednesday night meeting.

Developer Peter Abrams told Bisnow he plans to respond with a lawsuit.

“For political reasons, it looks like these guys didn’t want to approve us,” he said. “My partners and I view this as a bump in the road because our court case is so strong.”

He said he doesn’t expect the legal case to impact the construction timeline, which includes starting work late next year.

The rejection surprised Director of Planning and Zoning John Weller, who said he expected the board to approve the master plan despite its objections. The Planning Commission approved the master plan unanimously in August, even as several members railed against it.

Board Chair Rajesh Kumbhardare and Vice Chair Brian Dunn are now the lone members on the body after the chair announced the resignation of Supervisor Jo Ann Kelton at the start of Wednesday’s meeting. Kelton didn’t respond to Bisnow’s request for comment, but Kumbhardare said she resigned because she didn’t have enough time to be a supervisor.

The two remaining members leveled a wide array of critiques against ARD's proposal and said they have heard opposition from the community to the project. 

“There were hundreds of emails from our residents concerning traffic conditions,” Kumbhardare told Bisnow Thursday morning. “The density is more than what we would like there to be.”

ARD aims to bring at least 700 residential units and 280K SF of retail to the property, a controversial plan in exurban West Whiteland. Planning Commission Member Ginny Kerslake said she regularly fields requests for the property to be reforested.

The township experienced a wave of multifamily development in recent years. Lawmakers were in the process of amending the zoning code to prevent this level of density when ARD submitted the proposal shortly before the change went into effect. 

Abrams said the legislative effort was designed to “pre-empt us in a very deliberate and sneaky way” and “deprive a property owner of its vested rights.” His company spent $38M on the 75-acre site in March.

Kumbhardare said he expected the impending lawsuit and feels the township has a strong case against ARD.

Abrams said the official is trying to score political points with the rejection. Kumbhardare's term ends in January, and he is running for reelection on Nov. 4. The board chair denied that his opposition was motivated by the election.

“I never thought about it this way,” he said. “It’s always about what’s best for the community.”

Kumbhardare said he is open to “informal” talks with ARD about what could become of Exton Square.

At Wednesday night's meeting, Kumbhardare and Dunn focused on a parking dispute.

While there are 4,000-plus parking spaces included in Abrams’ plan, that is still 92 spots short of meeting a conservative interpretation of West Whiteland’s zoning ordinance.

Traffic Planning and Design Inc. Executive Vice President Matt Hammond, who was hired by ARD, argued there are plenty of spots given the complementary nature of the project's mixed uses. 

With apartments and a healthcare space in the mix instead of just stores, he expects parking demand to be spread out more evenly over the course of a day and week than a traditional enclosed mall.

The ordinance allows the township to ease parking requirements if a study like one ARD provided concludes demand will be met, but it isn't clear if the board is obliged to do so, Weller said.

ARD has also agreed to have the parking requirements reassessed once the project’s various uses are firmed up.

Abrams said he doesn't believe the parking dispute will halt the redevelopment. He argued that ARD isn’t legally obligated to include 92 more spots but said it wouldn’t be hard to work them into the plan if needed.

Only three members of the public testified Wednesday, and they were all supporters of the project. They included Lonnie Beck, who owns the Dragon Gym Martial Arts & Fitness about 2 miles away. 

While he empathized with other residents’ reaction to the proposal as the traffic situation in West Whiteland has deteriorated, Beck and the two other business owners who spoke said the opportunity to make Exton Square economically productive again is too good to pass up.

“It’s a black hole for our town’s budget with very little revenue,” Beck said of the current shopping center. “It’s really a chance to flip a dystopian wasteland.”