Director of Planning Felipe Oltramari explains what Planned Unit Development zoning is. Photo by Brian Quinn
Story by Brian Quinn
The County Planning Board recommends rezoning two parcels on State Street in Batavia for proposed large-scale senior housing and commercial development, but told concerned neighbors there would be more time for city review of the site plan and factors such as noise, traffic, etc.
Director of Planning Felipe Oltramari explained to the people at Thursday’s board meeting what the board was considering.
“This is a rezone to a PUD. It’s a Planned Unit Development. That’s a two-step process,” he said. “The first step is the City Council has to change the zoning to a PUD. A PUD is basically a custom-made zoning district just for this property. Whatever’s in the site plan, that’s the only thing that’s allowed to be in that use.”
The site plan review is next in the process, Oltramari said.
“If that site plan says ‘senior housing,’ that’s all it can be, by that specific zoning district,” he said. “If those commercial buildings that are redeveloped are developed into a wellness center, a community center … that’s the only thing they can be. They can’t be turned, the next day, into a gas station or a convenience store, or some of the other things I’ve heard in some of the emails I’ve passed on to the board.”
Passero Associates Environmental Planner Jack Savage said the commercial part of the proposed project is not set in stone right now.Photo by Brian Quinn
In an April 30 letter, written to show the proposed project’s compliance with the city Comprehensive Plan, Passero Associates Environmental Planner Jack Savage wrote that there would be a four-story, 106-unit, senior, multifamily building covering about 25,300 square feet and site improvements including parking, utilities, circulation, and stormwater facilities. It would be on 11.16 acres at 235 State St., the site of the former Armory.
Savage’s letter says site development will include about 203 off-street parking spaces, pedestrian connections, site lighting and landscaping.
The 2024 Genesee County Needs Assessment states senior housing is a significant need in the city and county as a whole.
City residents listen to the county Planning Board discussion on rezoning parcels at 235 State Street for a proposed senior housing and commercial project. Photo by Brian Quinn
Some of the neighbors of the proposed project site said they didn’t know they were allowed to speak Thursday night, with one saying they were told they could only speak at a public hearing. Oltramari said that might be true at the city level. He noted the county Planning Board received three emails from the community and that they are part of the record.
Board Chair Laraine Caton said, “Generally, speaking at the Planning Board is not something, but we have always allowed people to speak at our meetings.”
Greg Reinhardt of State Street states his opposition to the proposed senior housing and commercial development at 235 State Street. Photo by Brian Quinn
Greg Reinhardt of State Street was one of the neighbors to speak at the podium.
“I don’t approve of this because there’s already enough traffic on our street as it is – the Muckdogs, BOCES, just down the street, the High School, even the School for the Blind at the top of the street,” he said. The Batavia Muckdogs play home baseball games during the summer at nearby Dwyer Stadium on Bank Street.
Reinhardt said his wife and several neighbors are also against the proposed project.
Terri Steinbrenner of North Street said she emailed comments to the board.
“This has always been a residential neighborhood. There are very few, sadly, neighborhoods in Batavia that are still quiet, peaceful, home ownership,” she said. “Rezoning it into a mixed use would, I think, devalue the neighborhood. I know that this isn’t the place to talk about all the things listed in the email, but I don’t think that a commercial property belongs in this neighborhood.”
County Legislature representative John Deleo said the concerns neighbors have are relevant later in the process.
“It’s hard to deny it (the recommendation to rezone), legitimately. Your cause is for the development itself, which is totally different than what we’re actually voting on,” he told residents.
Marjorie Rimmer of Hart Street asked if rezoning gives the project planners the power to build. Oltramari reiterated that a PUD zoning district is only for what’s specifically in the site plan.
“It’s not like when you zone a parcel from residential to commercial. Then, basically you’re allowed to do anything under that commercial district,” he said. “When you rezone to a PUD, you’re rezoning to only the specific thing that you applied for.”
Savage said nothing is set in stone as far as commercial use.
“There will be a whole other set of site plan review. There will be public hearings available at the next phase,” he said.
Planning Board member Tom Schubmehl said the board’s purpose is to make sure a municipality is follow its own rules and that there are no inter-community issues.
“Like that this decision tonight doesn’t affect the town of Batavia or Elba, or Pembroke, anywhere else …” he said.
Oltramari said the next step will be possible site plan approval.
“That’s when they (project planners) have to come up with, ‘This is what we’re going to do,” he said. “That process can take awhile. They can decide in a couple of months or three months, or six months …”