Another proposal for a second Middletown Chick-fil-A has been filed in the township building at a location less than a quarter-mile away from another proposed new establishment for the chain, and the developer says it is now the only one on the table.
Florida-based Wilkinson Development wants to replace the vacant 6,200-square-foot former Ruby Tuesday at 1440 E. Lincoln Highway (Business Route 1) with a 5,428-square-foot Chick-fil-A with a multi-lane drive-through.
The Ruby Tuesday had closed during the height of the coronavirus pandemic. The location is a 1.93-acre parcel adjacent to the Lowe's and a Wells Fargo Bank.
The Middletown zoning hearing board is scheduled to consider a special exception and four variances needed for the project on June 14. If those are approved, the project would also need land development approval from the township supervisors in order to proceed.
This latest application for a Chick-fil-A comes as developer Waterstone Properties, the public and others are ostensibly waiting to hear whether Chick-fil-A officials want to proceed with a new restaurant originally approved in November 2021 right across the street in the Langhorne Square Shopping Center. While located within the center, the establishment would be on a separate tax parcel conveyed back to Waterstone by the new owner of Langhorne Square. The township supervisors recently approved subdividing the 1.88-acre piece off from the remainder of the center.
But Wilkinson Development Corporation President Richard Wilkinson claims that Chick-fil-A has already decided not to proceed with the Langhorne Square site.
"I have written confirmation from a representative of CFA that the lease agreement with CFA (between CFA and Waterstone) for the Langhorne Square parcel was terminated by CFA by letter dated February 22, 2023. The actual letter is proprietary and cannot be shared to you or me," Wilkinson wrote in an email to the Herald. "Following that representation, CFA and Wilkinson entered into a letter of intent dated March 7, 2023 for CFA to ground lease Lot 2 (former Ruby Tuesday) of the Lowe's center and I am presently awaiting a lease draft from their legal counsel, I have been told is forthcoming.
"The LOI contains a provision binding upon both parties, which provides that during the term of the LOI, Wilkinson will not negotiate with any other prospective tenant for Lot 2, and that CFA will not pursue or negotiate with any other party for a site that would be in competition with Lot 2.”
Those statements from Wilkinson would appear to be in conflict with those made by representatives of Waterstone Properties that they are still waiting on a decision from Chick-fil-A on moving forward at Langhorne Square.
In a May 2, 2023 email to the Herald, sent just after the subdivision approval, Waterstone Properties Senior Vice-President and Head of Asset Management Dan Gustafson stated "we still remain optimistic that they (CFA) will be moving ahead on our site."
Through his local attorney on the Chick-fil-A project Mike Meginniss, Gustafson declined to comment for this article. The Chick-fil-A media relations department did not respond to emails and phone messages seeking comment.
One of the factors that was being considered by Chick-fil-A at the Langhorne Square location since it was approved in late 2021 was whether CFA wanted to pay for an expensive package of road improvements that was a condition of land development approval, township officials have said.
If another Chick-fil-A is built in Middletown, it would join the existing one at Lincoln Plaza, adjacent to the Oxford Valley Mall.
The Chick-fil-A proposed for the former Ruby Tuesday is located in both the C Commerical and M-1 Light Manufacturing zoning districts. The variances being requested are ones that would allow the drive-through, an opening time of 6 a.m. instead of the normally required 7 a.m., shorter than normal rear yard setbacks and a parking space ratio of 3.93 spaces per 1,000 square feet of building space instead of the normally permitted 4.5 spaces to 1,000 ratio.
By virtue of a mutual agreement, Chick-fil-A customers would also be able to park on the Lowe's parcel, according to the Wilkinson application filed with the township.
"This will not alter existing access points to Lincoln Highway as presently maintained and enjoyed by Lowe's and Wells Fargo," the application added. "The relief, if authorized, will neither alter the essential character of the neighborhood nor zoning district in which the property is located, nor substantially nor permanently impair the appropriate use or development of adjacent properties, nor be detrimental to the public welfare."
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