What Is Chick-fil-A’s Next Move?

It’s been a real roller coaster ride for those of us interested in Chick-fil-A’s plans to open a second drive-thru restaurant in #NewtownPA Township. See the Timeline below for details.

In case you are not familiar with the plan, the application for zoning variances states that this restaurant will be located on an existing “3.21-acre corner property, with frontage on Newtown-Yardley Road and Upper Silver Lake Road, where a bank (TD Bank) with drive-thru are currently located [but currently empty]. The proposed restaurant with drive-thru will require a rise variance for the inclusion of a drive-thru service; dimensional variances for setbacks, drive aisle width and to allow the use within 300ft. of Newtown-Yardley Road and Newtown Bypass; and relief to allow additional signage on the property; and to allow a sign to face the Bypass...”

Who, What & When?

I first learned about this plan on April 12, 2024, when I received the agenda for an April 16, 2024, Planning Commission (PC) public meeting. The agenda referenced “Newtown Equities, LLC., 98 Upper Silver Lake Road (Variance Request #1213-24).” The “LLC” tipped me off to the fact this was a developer that intended to hide exactly who they represented. This was confirmed when I did some more research and learned that Newtown Equities, LLC was actually seeking zoning variances to build a Chick-fil-A drive-thru restaurant just off the Bypass on Newtown-Yardley Road.

On April 13, 2024, I wrote a Patch article to inform the public about the upcoming PC meeting where this application would be reviewed [read “A Chick-fil-A On The Bypass Intersection Across from WAWA?”].

Soon afterward, Newtown Equities, LLC CANCELED its meeting with the PC [read “Chick-fil-A CANCELS presentation before the #NewtownPA Planning Commission Meeting”]. They did this 3 hours before the scheduled meeting. About a dozen residents showed up expecting to learn more about the plan and voice their opinions, but they were denied at the last minute!

I hosted a Meet Mack Monday Zoom meeting on April 29, 2024, where residents suggested that a petition opposing this plan should be created. The next day the “Stop Zoning Changes Allowing Chick-fil-A Construction in Newtown” petition was launched by Donna Sedula. See the Timeline below for details.

When on May 3, 2024, I saw a new schedule published in the April 15-19, 2024 CODES DEPARTMENT WEEKLY REPORT, I was startled to learn that the Board of Supervisors (BOS) was being asked to hold a vote whether or not to oppose this application on May 8, 2024, BEFORE Chick-fil-A was scheduled to appear before the Planning Commission on May 21, 2024! Usually the PC would review the application/interview the applicant FIRST at a public meeting BEFORE the BOS vote so that it can advise the supervisors whether or not to oppose it. You can’t put the cart (the supervisors’ decision) before the horse (the PC’s recommendation) otherwise the applicant has no need to appear before the public at the PC meeting OR at the BOS meeting!

Not only that, but I and other supervisors certainly need the advice of the experts on the PC before we can make an informed decision. I protested and the original schedule was kept: (1) review by the PC FIRST (on May 21), (2) decision by the BOS AFTERWARD (May 22), and (3) LAST BUT NOT LEAST, Zoning Hearing Board (June 6) where the final decision would be made whether or not to approve the variances requested.

In any case, it's a moot point since Chick-fil-A was granted an indefinite extension regarding the hearing before the Zoning Hearing Board. Consequently, this item has been removed from the PC and BOS agendas.

Timeline

• April 11, 2024: Zoning Hearing Board application Request for Variance issued, detailing the variances requested. This document lists a May 2, 2024, “Appeal Date”.
• April 12, 2024: The April 16, 2024, Planning Commission (PC) agenda sent to Commission members. It includes “Newtown Equities, LLC., 98 Upper Silver Lake Road” under Zoning Hearing Board. The PC also receives April 11, 2024, ZHB application. The PC was originally schedule to hear the Chick-fil-A plan on this date, but that did not happen.
• April 13, 2024: I write a Newtown Patch article informing the public of the Chick-fil-A application and the upcoming April 16, 2024 public Planning Commission meeting. Read “A Chick-fil-A On The Bypass Intersection Across from WAWA?”
• April 16, 2024: Just 3 hours before the April 16, 2024, Planning Commission meeting, lawyers representing Newtown Equities LLC/Chick-fil-A, CANCELED their planned presentation before the Commission. Read “Chick-fil-A CANCELS presentation before the #NewtownPA Planning Commission Meeting”.
• April 15-19, 2024: The CODES DEPARTMENT WEEKLY REPORT includes these dates for the Chick-fil-A ZHB application meetings: 5/21/24 PC – “request from attorney for applicant”, 5/22/24 BOS – “Via memo,” and 6/6/24 ZHB – “Will request timeline waiver”
• April 29, 2024: I host a Meet Mack Monday Zoom meeting where this application is discussed. Attendees voiced opposition to the plan mostly because of the traffic backup it would cause on Newtown-Yardley Road, which already has problems during “rush hour.” When asked what could be done to oppose this plan, it was suggested that a petition opposing this application should be started.
• April 30, 2024: Donna Serdula, a resident of the Wiltshire Walk development, which is located within 500 feet of the site of the proposed restaurant, launched an online petition drive in opposition to the plan. See “STOP Zoning Changes Allowing Chick-fil-A Construction in Newtown”. To date (15 May 2024) the petition has collected nearly 750 signatures and over 20 comments.
• May 10, 2024: The Township Manager notified supervisors: “The Township has been granted an indefinite extension for the Chick Fil A zoning hearing application. The application will not be scheduled for review unless the applicant notifies the Township of its intent to proceed with the application.”
• May 14, 2024: As reported in the Newtown Patch (here), according to township manager Micah Lewis, “the applicant has granted the zoning hearing board an indefinite continuance from the time limits under the Pennsylvania Municipal Planning Code (PA-MPC) to hear the application. The applicant will notify the township if it wishes to re-impose the time limits.”

Question: What “time limits” does the PA-MPC specify? Here’s what I found: “The first hearing before the board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant’s application [i.e., April 11, 2024 in this case], unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing.”

What’s the Next Move?

Everything is currently on hold, apparently. As I was quoted in a Bucks County Courier Times (BCCT) article: “No reason was given to me” [read “Proposed Chick-Fil-A on Newtown bypass now in limbo. Here's why”]

“While this is a positive step, it is a conditional and temporary halt, not a definitive victory,” said Ms. Serdula. “The application could be resubmitted in the future, possibly in a different form or location. We must stay vigilant and prepared to mobilize again if necessary.” [Read “Newtown Twp Chick-fil-A plan withdrawn, for now”]

As indicated by township Manager Micah Lewis to the BCCT reporter: “The application has not been withdrawn.” That is, Chick-fil-A may still pursue its plan to build a second drive-thru restaurant on Newtown-Yardley Road just “off” the Bypass.