Brixmor Properties will be allowed to build a standalone drive-through Starbucks at the Village of Newtown West Shopping Center under a stipulation agreement reached between Brixmor and the township.
The supervisors voted 4-1 Wednesday night, June 27 to approve the agreement, in which the developer has agreed to meet a list of 13 conditions, including enhanced screening, provisions for safe pedestrian access and circulation including bollards, railings and other measures, and an escape lane to prevent backups at the drive-through.
In May, the supervisors voted 5-0 to deny Brixmor conditional use approval for the freestanding coffee shop, which will be located in the easternmost end of the Village of Newtown West parking lot overlooking Eagle Road near Saladworks. It will be located next to a new pad site for Bank of America, which will be relocating as part of the redevelopment project.
The supervisors cited concerns over parking, traffic circulation and the impact the drive-through would have on the existing shopping center for their denial of the conditional use request.
After receiving a written decision from the township, the developer filed an appeal in Bucks County Court challenging the township’s decision. That appeal resulted in the stipulation agreement that appeared on Wednesday night’s agenda for action.
When asked by supervisor Phil Calabro what would happen if the supervisors did not pass the agreement, the solicitor said the township would end up in court with the court ultimately deciding whether the township was right in denying the conditional use.
In that scenario, the township would incur legal fees to fight the appeal and would lose the 13 negotiated conditions if Brixmor were to prevail.
Supervisor Kyle Davis, who voted against the original land development plan for the center, cast the only vote against the agreement. He said the plan is adding too many buildings to the site while taking away parking.
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Newtown listed several reasons for denying the application in a written decision and order, dated June 14, 2018. The Township claimed, for example, that Starbucks failed to prove that “cars using the proposed drive-thru stacking lane would not conflict with through circulation;” e.g. access to the shopping center via South Eagle Road. Newtown further claimed that Starbucks “failed to prove that it will provide a pedestrian walkway between an existing sidewalk and the entrance to the restaurant, or, in the alternative, a sidewalk along the street frontage” as required by the Joint Municipal Zoning Ordinance. The settlement agreement does NOT include either of these assurances. More about that here...