A developer’s latest commercial plan for land next to the Braeburn Marsh has been rejected by the Batavia Plan Commission.
Aetna Development Corp., which lost its battle in July to build a much larger commercial center on all 14 acres next to the marsh, is now proposing a 48,000-square-foot strip mall on a smaller lot it owns along Randall Road.
The rectangular shopping center would stretch east from Randall Road with the front doors of 19 stores facing Fabyan Parkway. The back of the mall would face the marsh.
But the 9-acre development has to pass the city’s design review ordinance to receive a building permit and, in a 5-1 vote, commissioners said the project failed. Two members were absent from the meeting.
In particular, the panel found that the mall’s design was incompatible with the site and lacked adequate parking for the number of cars expected.
“Several items [in the ordinance] are not complied with in this proposal,” said commission Chairman Wendy Lee. For example, she said, the plan didn’t protect and enhance the community’s development culturally, economically, environmentally and aesthetically.
Commissioner Larry Dibblee said the panel has a heightened concern because of the land’s proximity to the marsh.
“You know, anywhere else in town this thing would not only be fine, it would be great,” Dibblee said.
Commissioner James Hanson cast the one vote in favor of the project because, he said, the property is zoned for retail and parking is a non-issue.
Over the last several years, Chicago-based Aetna has bought three annexed parcels of undeveloped land next to the manmade marsh. It tried for months to get approval from the city to build a 120,000-square-foot commercial center that would have included a Best Buy store, a Walgreens drugstore, several other retail stores and a restaurant.
Aetna must next appear before the Community Development Committee, most likely in November, and then on to the full City Council.
“This commission said with a 5 to 1 vote that this was not an appropriate building to put on this particular property because of the marsh, and we agree with that,” said Ron Gilkerson, spokesman for the Braeburn Marsh Defenders, a group formed last year to prevent development next to the marsh.
Members gathered enough signatures this summer for a Nov. 4 advisory referendum asking whether to leave all of the land as open space.
