Developers feel new Orchard Park zoning regulations put projects in '1st-and-20' scenario

New zoning regulations that limit a building's height to 35 feet are called "development unfriendly"
Highmark Stadium construction
Photo credit Brayton J. Wilson - WBEN

Orchard Park, N.Y. (WBEN) - Officials in the Town of Orchard Park say the new zoning restrictions in an area almost immediately around the new Highmark Stadium will help with future development projects.

But the development community says otherwise.

The Orchard Park Town Board approved new zoning regulations on Wednesday for a nearly 300-acre swath of land that surrounds the new Highmark Stadium that's due to open next summer.

One of the centerpieces of the new regulations is limiting any new building within that 300-acre zone to no more than 35 feet, or roughly two-and-a-half stories.

"That, alone, makes it not marketable to developers," said Paul Ciminelli, Ciminelli Real Estate Corp. CEO.

Orchard Park officials counter that the next wave of stadium-related zoning and development regulations will allow for buildings up to 62 feet in more outlaying areas.

"We are not trying to hinder any development," said Joe Liberti, Orchard Park councilman and supervisor-elect.

Meanwhile, the neighboring Town of Hamburg is expected to approve its own stadium-related zoning regulations that will allow certain buildings - namely hotels - to be as tall as 70 feet. Hamburg's land includes much of the Erie Community College South property that literally neighbors the new stadium.

"I don't understand why the two communities get together and have common [zoning] regulations," said William Paladino, Ellicott Development CEO.

Paladino said he is considering building a new hotel near the stadium to add to his company's portfolio of 10 hotels. But, for now, his focus may shift more towards Hamburg than Orchard Park.

"If it turns out that Hamburg is the easiest path, we'd have to give it a serious look," Paladino said.

It is developer's mindset like Paladino's that has Don Lorentz, Orchard Park Chamber of Commerce executive director concerned.

"You can't a have hotel without four or five stories to make it [financially] doable," Lorentz said.

Eugene Majchrzak, Orchard Park supervisor, said everyone should take a wait-and-see approach.

Even though the new stadium will open next summer, it may be a while before development interests get a handle on just how busy Highmark Stadium will be - not only during the season but off-season as well.

Buffalo Bills officials say the new stadium may be used for more than 100 dates a year and that will attract more people to the venue both in-season and off-season.

"This will not happen overnight," Majchrzak said.

Paladino agrees.

"The stadium will have to prove itself," Paladino said.

Featured Image Photo Credit: Brayton J. Wilson - WBEN