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September 14, 2018 - 11:50am

Genesee County Planning Board gives its blessing to bulk of City Church's rezoning requests

The Genesee County Planning Board on Thursday recommended rezoning six of the seven parcels that were requested to be reclassified for commercial use by City Church, owner of the former St. Anthony’s Church campus.

The county committee’s action comes on the heels of the Batavia City Council’s vote to send the issue to the City Planning & Development Committee for final review.

City Church had filed a petition to change the parcels – 42 Central Ave. and 110-124 Liberty St. – from Residential (R-3) to Central Commercial (C-3) to allow for uses such as a dance school, art school and community education classes.

County planners approved the request with a modification stating that the house at 124 Liberty St. should remain in the residential district.

In its opinion, the board pointed out that rezoning to C-3 will “ease the adaptive reuse of these buildings, however the Future Lane Use Map in the City’s Comprehensive Plan adopted in 2017 designates this area as “Restoration Residential.” Therefore, the home at 124 Liberty St. would serve as a buffer from any commercial uses in the other parcels."

County Planning Director Felipe Oltramari said that it was his understanding that City Church leaders had no plans for the commercial use of 124 Liberty St.

The item is on the agenda of the Sept. 18 meeting of the City Planning & Development Committee. Should it be approved, a public hearing will be scheduled.

In other action, County planners recommended:

-- Approval with modifications of a special use permit and area variance by DiLaura Enterprises to build a self-service storage building at 8994 Alexander Road (Route 98). The proposed 65,000-square-foot building is to be used to store impounded and collision vehicles.

Modifications include: a vegetative buffer between the NYS drainage right-of-way and the parking area; driveway permits from NYS DOT; no storage of vehicles for more than 120 days; proper on-site lighting; and regulated disposal of oils and other possibly hazardous materials.

The building reportedly would measure 50-by-100-by-16 feet with two overhead doors, and would have two entrances and exits to make it easy for trucks to pull in and out. It also would have all utilities, a few outside lights, be fully fenced and gated.

The owner, Dan DiLaura, has said the building will be used for “personal storage" of race cars, towing equipment, tools, tires, etc., but it would not be used for any commercial repairs.

A public hearing is scheduled for Sept. 18 before the Batavia Town Planning Board meeting.

-- Approval with modifications of a special use permit and site plan review to add a truck maintenance facility on the grounds of the Pilot Flying J Truck Care Center at 8484 Alleghany Road (Route 77), near the 48A Thruway interchange in the Town of Pembroke.

According to the application submitted by the owner, Landon Lane, the project calls for the construction of a 7,960-square-foot, two-bay service garage to be located behind the existing truck stop and entirely within the existing parking area.

The hours of the Truck Care Center are said to be 6 a.m. to 10 p.m. daily, and services performed at the shop include routine maintenance items such as oil changes, tire replacement/repair, mud flap, light bulb, and battery replacement, and other small maintenance items.

-- Approval of a site plan review to change the use of what was a “storefront church” at 10 Lake Ave. (Route 19) in Bergen to a professional office space and art studio owned by David and Anna Marie Barclay.

-- Approval with modifications of a special use permit for Matthew Baldwin to operate a bulk food/deli retail store at 3387 Broadway Road (Route 20) in Alexander.

Modifications focus on the proximity of the Route 20 right-of-way near the building, prompting planners to require the applicant to obtain a driveway permit from NYS DOT and to produce a site plan that clearly delineates all the parking spaces to be utilized by the business.

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