Peoria Standard

City of Batavia Plan Commission and Zoning Board of Appeals met Dec. 18.

Here are the minutes provided by the commission:

1. Meeting Called to Order for the Plan Commission Meeting

Chair Gosselin called the meeting to order at 7:00 p.m.

2. Roll Call:

Members Present: Chair Gosselin; Vice-Chair Moore; Commissioners Kieckhefer, LaLonde and Joseph

Members Absent: Commissioner Swiecicki

Also Present: Mayor Schielke, Scott Buening, Director of Community & Economic Development; Drew Rackow, Planning & Zoning Officer; Zach Ewoldt, Planner; Jeff Albertson Building Commissioner; Anthony Isom Jr., Economic Development Manager and Peter Gerardi, Recording Secretary

3. Items to be Removed, Added or Changed: None.

4. Approval of Minutes: November 20, 2024

Motion: To approve the above indicated minutes

Maker: LaLonde

Second: Kieckhefer

Voice Vote: Motion carried.

5. Public Hearing: Conditional Use For A Recreational Cannabis Dispensary In The GC, General Commercial Zoning District Dutchess Cannabis - 144 South Randall Road, Rubino Ventures, Applicant – Planning Case 24-065

Motion: To open the Public Hearing

Maker: Kieckhefer

Second: LaLonde

Voice Vote: Motion carried.

The Public Hearing was opened at 7:01 p.m. Drew Rackow gave the staff report for a proposed recreational cannabis dispensary to be located in the former Arby’s location on Randall Road which closed in 2022. He noted that the applicant would be updating the existing site by improving the appearance of the building, site signage and landscaping. He added that at an advisory referendum in 2020 regarding the siting of recreational cannabis dispensaries in Batavia, subject to the establishment of regulations was approved by voters with 63% voting Yes to 37% voting No. Rackow noted that the City has locational requirements in the Zoning Code such as a 1,500 foot separation between other dispensaries and at least 500 feet from several facilities such as schools . He said the Batavia Police Department contacted their counterparts in the two locations where the applicant operates similar facilities and received satisfactory information with no issues indicated from those entities. He noted that the facility has more parking than is required. He added the applicant has demonstrated that they would appropriately manage sales only to those eligible. Rackow said one comment letter on the proposal was emailed to the City that expressed their opposition to the proposed use.

The applicant’s attorney, Tyler Manic, made a presentation introducing their team of professionals. He indicated that a conditional use report was submitted and believes the proposal will revitalize the lot consistent with the expected standards. He said this operator will be a major employer and generate significant tax revenue. Alexis Bigi-Prow, the VP of Operations for Dutchess Cannabis, gave an overview of the company using PowerPoint slides noting that the company, which is women-owned and operated, has two other locations in the area and 2 more under construction. She noted their retail hours of operation and will employ 14 associates with up to 7 associates in the store at the same time. She noted a desire to be involved in the community and sponsor various events in Batavia. She added that 70% of their business is online ordering so people move quickly in and out. She showed a rendering of the proposed site plan and noted that customers need to be at least 21 years old to get in and that IDs would be checked. She noted that they are required by the State of Illinois to have 3rd party security on site at all times.

Manic said that all conditions listed in the staff report are agreeable to Dutchess. Commissioner Moore asked if the security guard checks licensees all day and about the opacity of the building’s windows. Bigi-Prow said security can be stationed anywhere needed in the facility and IDs are checked by staff using electronic ID scanners. Further she said they are required by the State of Illinois to put a security film on each window which provides a slight tint. Commissioner Lalonde asked how many security staff would be on site and if they have any security or parking issues at the other locations. Bigi-Prow indicated there’s one security staff required to be on site or else they cannot open the store but that they have not had any issues with security or parking at their other stores. Chair Gosselin asked if the audience would like to speak on this matter. There were none but Mayor Schielke noted that this operator has good recommendations and Oak Park officials spoke positively of them.

Motion: To close the Public Hearing

Maker: Moore

Second: Joseph

Voice Vote: Motion carried.

The Public Hearing was closed at 7:34 p.m.

Commissioner Lalonde asked if a condition could be added to stipulate that Duchess Cannabis could not operate beyond their defined hours of operation. The applicant agreed. Rackow noted that staff recommended adding a condition that the plans be in general conformance with those presented during tonight’s Plan Commission meeting.

Motion: To adopt Findings 1 through 4 as drafted by staff

Maker: Kieckhefer

Second: Lalonde

Voice Vote: Motion carried.

Motion: To recommend City Council approval of the of the Conditional Use Permit for a Recreational Cannabis Dispensary use at 144 South Randall Road subject to conditions a through m as drafted in the memo and amended to add condition n to limit the hours of operation no more than 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m. on Sunday and condition o that the plans be in general conformance with those plans provided during tonight’s hearing.

Maker: Lalonde

Second: Kieckhefer

Roll Call Vote: AYE: Gosselin, Joseph, Kieckhefer, Lalonde, Moore

NAY: None

ABSENT: Swiecicki

5-0 Vote; motion carried.

6. Matters From The Public (Not On The agenda): None

7. Other Business:

Commissioner Joseph asked about the status of the strip center at Prairie and Wilson streets. Scott Buening indicated that Rosati’s is the only tenant in the building. Anthony Isom indicated that the owner is attempting to market the vacant units. Rackow mentioned to the Commission that the Batavia Downtown Plan was the recipient of Plan of the Year at the Kane County Planner’s Forum.

8. Adjournment: There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the meeting; there was a first by Joseph and a second by Moore. By voice vote the motion was carried and the meeting adjourned at 7:55 p.m.

https://www.bataviail.gov/AgendaCenter/ViewFile/Item/21389?fileID=16436