Burger King

In a continuing succession of steps to reach final planning approval for a new southwest site of Burger King, the Carrols Corp. folks have made it through another round of the city’s Planning and Development Committee this week, Committee Chairman Duane Preston says.

The Planning committee advised real estate manager Doug Beachel Tuesday that his client had to meet three contingencies handed down from the Genesee County Planning Board in order to get this ball rolling:

1. Applicant needs to complete a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Stormwater permit for construction activity from the state Department of Environmental Conservation.

2. Applicant needs to obtain comments about the potential traffic impacts of the project and obtain a required driveway permit from the state Department of Transportation.

3. Applicant needs to complete a 9-1-1 Enhanced Standards application. 

The project will then move on to the ZBA. Once all of these requirements are met, the properties of 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a portion of 6 South Lyon St. need to be merged before anything more can commence, Preston said. 

The project has gone through several layers of various code, green space, height, width, zoning and layout revisions for the last year. Officials are hoping to have a new site in place by the fall of 2024. The new Burger King would be located at the corner of South Lyon and West Main streets. 

The Genesee County Planning Board unanimously approved two variances for the proposed Burger King drive-through at 301-305 West  Main St., Batavia during its Thursday evening meeting.

The applicant, Carrols LLC, represented by site engineer Peter Sorgi, requested two variances to allow for 26 parking spaces versus the required minimum of 32 spaces, and for a building height of 18.66 feet, which would be .66 8 inches more than the maximum allowable 18 feet.

The Planning Board deemed the variances as posing “no significant county-wide or inter-community impact.” 

The project has appeared on the table of the city’s Planning and Development Committee at least three times, each time returning with requested revisions to the design, including the addition of more green space in correlation to adjusting the size of the driveway and number of parking spots. The plan has also gone to the city's Zoning Board of Appeals. 

Although the County Planning Board approved this latest modification, Sorgi is expected to return to the group at least once more with a full site plan in October, Planning Board Director Felipe Oltramari said.

The project is also on the agenda for the next City Planning & Development Committee meeting on Tuesday to discuss the two variance issues of off-street parking and building height. It’s likely the committee will recommend that the applicant return to the ZBA again for review, according to the agenda. 

This Burger King will replace the current site on the opposite side of Main Street and will be at the corner of West Main and North Lyon streets.

After making additional tweaks to their blueprint of a new Burger King location on the city’s southwest side, site engineer Peter Sorgi and his team were encouraged Tuesday by the progress being made in Carrols Corporation’s incremental steps toward approval, he says.

“We reduced some of the pavements and some of the drive aisles, which increased the landscaping, and we also reduced some parking, which increased the landscaping, which is a direct result of the comments of this board. So, more green space, less pavement,” Sorgi said after the city’s Planning and Development Committee meeting. “And the other change I made was a right in or right out on Main Street, no left either way. And our initial plan had left both ways. So, again, it was working with the board to get that understanding. We have (the Zoning Board of Appeals) for two variances and then back here for site plan. We've been very happy with the comments. It's a better plan than it was when we started, and that's the process.”

He expects to be attending the ZBA’s meeting in September and then back to the planning committee with “our whole engineered site plan and all the landscape plans” in November for the beginning of a formal site plan review. That would most likely leave construction for the spring of 2024, he said. 

Sorgi and site engineer Patrick Mahoney reviewed those updated plans before a slightly different committee — alternate Jim Krencik sat in for Ed Flynn, who was absent. During the last meeting, Flynn raised concerns about the skewed ratio of pavement to landscaping, preferring and recommending to see more green space and taking issue with a 17-foot lane, which he said he felt was excessive. 

“Right now, I may be the only one talking about the 17-foot excessive lane over here, but I want more landscaping along Lyon Street,” Flynn had said.

No one seemed to have a problem with the updated landscaping; however, member David Beatty questioned the right-turn exits. 

"Have there been any traffic studies done … that would show how this actually works? In reality, I mean, you've got a situation where people get their food, and they're going to be either going out to West Main, right? Or they can go all the way around to Lyon Street. Are there any studies that would show you how many people would go one way or the other, for instance?” he said.

There haven’t been any such specific studies, Sorgi said. That would come up along with the state Department of Transportation environmental review, he said. Mahoney added that it’s not unusual to have both a side and front exit and to provide a sign, “which we would be willing to do, saying exit to south Lyon with an arrow direction.”

“I still think it is somewhat problematic,” Beatty said. 

Code Enforcement Officer Doug Randall asked if they were expecting the trip count to change with the new Burger King location at the corner of South Lyon and West Main streets. Mahoney estimated that it could go up at least 10 percent with increased visibility. That being said, he also doesn’t believe that folks are going to bypass other Burger Kings just to visit this new one, he said. 

Real Estate Manager Doug Beachel spoke on behalf of the company, representing “1,100 of these throughout the East Coast,” he said. 

“Typically, we do cell phone analysis that shows a heat map in terms of where they're coming from in the city of this size,” he said. “You know, most of your business is within five miles, they’ll show us where your outliers are, and then it’ll kind of take the highs and lows … it’s really, you know, three to five miles max.”

Beachel was there as the new real estate manager and said that things have been moving too slowly up to now. He would be part of the process to ensure it would be more swift, he said.

Click HERE for prior coverage.

If all goes to plan, there could be a brand new Burger King restaurant with drive-through service, ample landscaping, and a corner lot set-up with an adjacent traffic light in place by the spring of 2024.

That is, of course, if real estate manager John FitzGerald and his site engineers meet the qualifications of the city’s Planning & Development Committee, which so far have included a request to reduce a 17-foot bypass lane, bump up the landscaping, and consider a traffic study.

It’s worth the short move from 230 West Main St., Batavia and special use permit to the corner of South Lyon and West Main Street, FitzGerald said. 

“I’d always love an approval the first time, but, you know, the board brought up some legitimate items to discuss. And we'll review those with (site engineer Patrick Mahoney) Pat, and go through those. But I think that everything I heard pretty much made sense,” FitzGerald said after Tuesday’s planning committee meeting. “As far as I know, narrowing this 17-foot lane, we can take that down a little bit, you know, the right in right out (entrance/exit), I think makes sense. Some of the other ones were kind of spitballing. And they're very, very difficult to enact.

“As far as the traffic study … we’re basically moving across the street to a safer, easier, more accessible property. So I don't know, if the state requires it, we will do it.”

FitzGerald, who manages about 350 Burger Kings for Carrols Corp., has been leasing the current site, which will be up soon. His reasons for moving are more about the new location than the one he has been in for at least a few decades.

“There’s nothing wrong with the old one, this is just a better location,” he said. “Again, it's at the traffic light. So it's safer for getting people in and out. It gives you two access points: one on South Lyons and one on Main Street, versus the one we currently have, like a double lead in and out on one side of the store, and then it's got the drive-through exit on the other side. So there's potentially conflicting movements.”

Those conflicting movements happen when motorists attempt to make either a left or right turn out of the current location each simultaneously, he said. He likes having a traffic light at the corner of the new location and stressed the safety factor of the new design. He’s not aware of his current property playing host to accidents, he said, but wants to move on. 

The biggest reason is having a traffic light to help with the flow of traffic versus being in mid-block, he said. 

“So it’s an easier movement versus the existing store. Not that this was bad, but it’s both 90-degree stalls. So there’s people kind of coming and going in different directions,” FitzGerald said. “This forces everybody to go the same direction in and around the property. And, again, two access points versus one.”

His design team, Mahoney and Peter Sorgi, did all the talking during the meeting, at some points rather pointedly questioning committee member Ed Flynn’s critiques. Flynn latched onto the 17-foot lane as a major sticking point throughout the site plan review.

“Why do you have a 17-foot escape lane?” Flynn said. Sorgi focused on the landscaping, stating that it was “more than was required” by code and the bypass lane was part of a safety measure. 

“Right now, I may be the only one talking about the 17-foot excessive lane over here, but I want more landscaping along Lyon Street. Seems like they start out with a lot to offer there. And then, of course, you make a descending (landscaping design) for some reason. The pavement lane is 17 feet, that seems like it can be reduced dramatically.”

Mahoney said that safety to the community is better served by a wider lane, and Sorgi homed in on the safety factor versus aesthetics. Flynn emphasized that his comments weren’t necessarily a consensus of the group. 

“That’s why we have more than one board member,” City Code Enforcement Officer Doug Randall said, to which Sorgi quickly replied, “thank you.”

“The design is where your talent comes in, we’re just here to express concerns of the public,” Randall said.  

Mahoney described the ideal “speckled shade” landscaping of crab apple and locust trees, greenery that could survive Western New York’s climate and Main Street’s winter road saltings. 

They discussed the parking lot size — committee member Derek Geib asked if four spaces similar to McDonald’s would suffice — the drive-through configuration, trash removal from the dumpster, and how things have changed in the way customers operate.

Mahoney said that no, four spaces would not work. As for the drive-through, there are two order points. There’s a double wide for ordering, and it filters into a single lane for the pickup at the store. 

“And then, if you look at the building, to the left of that will be the mobile order stalls. And as we were talking about that, that’s the wave of the future, people don’t want to even really park their car,” FitzGerald said after the meeting. “They just want to pull up and have somebody run out. 

"This is the way the industry is going, that's everywhere, surburban, rural, urban. People today, it's either drive-through or over their phone," he said. "We're trying to make it safer for people on the property. It's just the wave of the future." 

FitzGerald is to return with an updated site plan in September or October. His first meeting was in June, which introduced the project and plan to demolish two major current business buildings.

If a popular fast-food restaurant chain has things its way, multiple properties — including the sites of Batavia Restaurant Supply and Beverly’s Floral & Gifts —  will be demolished in lieu of a bigger, wraparound establishment on a southwest corner in the city.

Hopkins Sorgi & McCarthy PLLC, representing Carrols Corp., has proposed moving the current Burger King, at 230 West Main St., Batavia, into space now occupied by 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a northern portion of 6 South Lyon St.

If approved, Burger King would replace and relocate the existing restaurant with a drive-through service, the company says.

The project site is zoned commercial C-2, and the company’s future plans would require a special use permit, the company said in a letter submitted as part of a concept plan review during Tuesday’s city Planning and Development Committee meeting.

The applicant and apparent Burger King franchise owner is Ken Mistler, and Hopkins Sorgi & McCarthy are expected to return to a future committee meeting on July 18 for further discussion about the project. Mistler was not available for comment Sunday.

UPDATE 6/27/23 12:30 a.m.: Ken Mistler said that the city goofed and erroneously listed him as the applicant of this project, though he is not. 

The current Burger King structure was built in 1977 and has an assessed value of $690,000.

Renderings from Hopkins Sorgi & McCarthy PLLC.