Chick-fil-A hearing scheduled for Feb. 27
Questions raised about project

By Kelly Smith - Special to Conley Media

Feb. 12, 2019

DELAFIELD Ė While a City Hall public hearing has been scheduled for Feb. 27 at 7 p.m., questions are being raised about plans for a Chick-fil-A restaurant and a multiuse commercial building at the northeast corner of the Interstate 94/Highway 83 interchange.

Three issues must be affirmatively resolved before the Georgia-based Wallace Development Group can break ground in late spring or early summer.

The Plan Commission and Common Council must approve an amendment to a 25-year-old development agreement that regulates the approximately 4-acre shopping center complex.

The proposed amendment is the subject of the public hearing.

The development plans are less than a half-acre short of meeting open space requirements in the agreement.

City voters will be asked to approve a referendum on April 2 authorizing the city to construct a $1.3 million roundabout.

City officials consider the roundabout essential to managing the traffic the restaurant will add to the already congested Golf Road as it meanders through the Shoppes at Nagawaukee complex.

The roundabout, to be paid for by shopping center landlords and tenants, will be located at the intersection of Golf Road and Golf Court near the Holiday Inn Express and Marshallís department store.

After the referendum, the Common Council will decide final approval for the restaurant and commercial building to be located at the end of the privately-owned Golf Court, immediately west of the Holiday Inn Express.


Questions were raised about the referendum and changing the development agreement during a Jan. 30 Plan Commission meeting.

Commissioners Dan Jashinsky, Laura Schult, and Jim Reiher questioned why the city should amend the development agreement to accommodate the Wallace Group.

Jashinsky and Schult said the developers should have recognized the open space restrictions on the approximately 2.5 acre parcel when they purchased it about two years ago.

Reiher asked why the developers could not reduce the size of the 7,500-squarefoot commercial building or reconfigure the parking lot for the building and restaurant to gain the approximately 14,500 square feet of open space needed to meet the requirements of the development agreement.

The Wallace Groupís attorney, Brian Randall, told the commission the development will be an asset to the city and the shopping center.

He said the plans meet the open space requirements for the 2.5- acre parcel.

However, the plans are less than one percent short of meeting the overall open space requirements spelled out in the agreement for the 46-acre complex, according to Randall.

The city approved the agreement in 1993 when the previous owner of the shopping complex, TOLD Development of Waukesha, was planning the former Naga Waukee Center, which included Kohlís, Sentry Food, the Water Street Brewery restaurant and other tenants.

A decade later, the development agreement regulated the construction of the Shoppes of Nagawaukee, which included Best Buy, Marshallís and about a dozen other tenants and was built by TOLD adjacent to the Naga Waukee Center.

When RPT Reality of New York purchased the two shopping centers they rebranded them the Shoppes at Nagawaukee.

RPT and Wallace Development will be assessed a share of the cost of the roundabout which city officials have wanted to build in the shopping complex for nearly a decade.

However, a city ordinance requires any city financed public improvement project of more than $1 million must have voter approval.

Common Council President Tim Aicher was among several commission members who expressed concern during the meeting about the fate of the April 2 referendum.

Aicher concurred with Commissioner Jashinsky who suggested voters might cast their ballots according to whether they liked or disliked roundabouts rather than on the merits of the referendum question.

Jashinsky, a highway consultant, pointed out that roundabouts are often unpopular in Wisconsin.

If the roundabout is not built, some commissioners questioned whether they or the Common Council would approve the project.