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City of Rockford Code & Regulation Committee Met October 26

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City of Rockford Code & Regulation Committee met Oct. 26.

Here is the minutes provided by the committee:

I. CALL TO ORDER

Attendee Name

Organization

Title

Status

Arrived

Ann Thompson-Kelly

City of Rockford

Alderman

Present

Franklin C. Beach

City of Rockford

Alderman

Present

Joseph Chiarelli

City of Rockford

Alderman

Present

Karen Hoffman

City of Rockford

Alderman

Present

Tuffy Quinonez

City of Rockford

Alderman

Present

II. COMMITTEE REPORTS

1. 2020-197-R - Committee recommends approval of the 2021 City Council and Committee Calendar.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

2. 2020-254-CR - Committee recommends approval of the request for permission to place for sale a city-owned parcel located at 410 North 4th Street (PIN No. 11-23- 456-015) pursuant to 65 ILCS 5/11-76-1. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

3. 2020-255-CR - Committee recommends approval of the request to vacate a paper alley adjacent to 2605 9th Street to Capital Web Systems Inc. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion

Generated 11/6/2020 9:35 AM

Committee Meeting Monday, October 26, 2020 5:30 PM

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

4. 2020-256-CR - Committee recommends approval of the request to vacate a portion of Harding Road (Dead End), adjacent to 1015 Harding Road to Prestige Leasing and Investments. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

5. 2020-257-CR - Committee recommends sustaining the Traffic Commission's approval to repeal the 2-hour parking restriction on the west side of Court Street from Green Street to Cedar Street. The Legal Director shall prepare the appropriate ordinance.

Ald. McNeely asked why the request is for a repeal. She further stated that if there is a problem at that location, she was not made aware of it. Jeremy Carter, Traffic Engineer for the City of Rockford explained that the request came in from the Federal Courthouse.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

6. 2020-258-CR - Committee recommends sustaining the Traffic Commission's approval for traffic on Clinton Street to be required to yield prior to entering the intersection of Brown Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Ann Thompson-Kelly, Alderman

SECONDER: Joseph Chiarelli, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

7. 2020-259-CR - Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on 11th Street from frontage 3020 11th Street to St. Edward’s School. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

8. 2020-260-CR - Committee recommends sustaining the Traffic Commission's approval for traffic on Rome Avenue to be required to stop prior to entering the intersection of Greenwood Avenue, thus repealing the existing 2-way yield on Greenwood Avenue at Rome Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

9. 2020-261-CR - Committee recommends sustaining the Traffic Commission's approval to establish a “No Parking Any Time” restriction on the east side of East Gate Parkway from Broadway to Colorado Avenue. The Legal Director shall prepare the appropriate ordinance.

Ald. Hoffman stated that there is no parking in this area and asked for support in approving the request.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Joseph Chiarelli, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Thompson-Kelly, Beach, Chiarelli, Hoffman, Quinonez

10. Melrose Street and Cottage Grove Avenue

Traffic Commission Recommends “No Action” for the following item:

a. Request to establish traffic control at the intersection of Melrose Street and Cottage Grove Avenue

RESULT: LAID OVER Next: 11/9/2020 5:30 PM

11. 2020-262-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for outdoor storage of U-Haul truck rentals in an I-1, Light Industrial Zoning District at 4850 North Main Street (Peter Nora/U STOR-IT/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion.

Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. The truck rental display area is limited to five (5) vehicles

3. All outside storage is prohibited per the zoning ordinance other than the trucks available for rental

4. Removal of all illegal off-site signs advertising the business

5. No parking of vehicles along the access drive from the frontage road to the site

6. Designate the truck rental display area spaces with signage

7. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

12. 2020-263-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for an auto dealership in a C-2, Limited Commercial Zoning District at 5643 East State Street (Kamal

Abedrabbo/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

Ald. Chiarelli explained that the shopping center's free standing sign is used by many tenants in the shopping center and at this time, in his opinion, the request to bring the sign into compliance would be a hardship because of the pandemic.

A MOTION was made by Ald. Chiarelli to remove Condition #6 regarding the sign. The motion was SECONDED by Ald. Quinonez, and CARRIED by a vote of 5-0.

Approval is subject to the following conditions:

1. Must meet all applicable Building and Fire Codes

2. Provide a revised site and landscaping plan to scale indicating the location of the auto sales display area, total building size and the number of parking spaces for customers and tenant spaces

3. The number of vehicles displayed for sale shall be limited to the number allowed per the revised site plan

4. Provide a list of the size of tenant space and current use of those tenant spaces for Staff evaluation on required number of parking spaces

5. The indoor car showroom is limited to the 2, 940 square foot tenant space on the shown site plan

6. No outside storage of any auto parts, equipment, materials or inoperable vehicles

7. Auto repair is prohibited on the site

8. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

13. 2020-264-CR - Committee recommends sustaining the Zoning Board of Appeals' approval of a Modification of an existing Special Use Permit to increase the number of passenger vehicles for sale from the maximum allowed eight (8) to sixteen (16) in a C-3, General Commercial Zoning District at 2707 Auburn Street (John Powell/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

Ald. Hervey asked when was the permit to allow eight (8) vehicles for sale was approved. Ald. Thompson-Kelly answered that approval for eight (8) vehicles was given over ten (10) years ago. Ald. Thompson-Kelly also noted that the business does keep a clean lot, and that she had recently visited the lot and is in favor of increasing the number of vehicles for sale.

Approval is subject to the following conditions:

1. Must meet all applicable Building and Fire Codes

2. Submittal of a revised site plan that includes a parking lot setback of eight (8) feet from the property line along Auburn Street and Evergreen Street and curb cut removal along Auburn Street west of Evergreen Street with new concrete curb and grass terrace along Auburn Street for Staff’s review and approval

3. Submittal of a revised landscaping plan that includes perimeter landscaping eight (8) feet in width along Auburn Street and Evergreen Street and new plantings consisting of deciduous and evergreen shrubs, ornamental grasses, and an ornamental tree along Auburn Street with species and size or Staff’s review and approval

4. That the property be developed as per revised site and landscaping plans and that no more than sixteen (16) vehicles shall be displayed for sale and three (3) cars that have been repossessed

5. Submittal of Parking Lot Permit for site and landscaping work to be completed to Staff for review and approval

6. The light pole structure with an attached sign and foundation in the southeast corner of the property will need to be removed

7. Submittal of a Dumpster Enclosure Permit with a dumpster detail and rendering for Staff’s review and approval

8. No outside storage of any auto parts, equipment, materials, or inoperable vehicles

9. There shall be no auto repair allowed

10. There shall be no vehicle storage and towing allowed

11. Submittal of a Final Agreement for Staff’s review and approval that addresses the business operations and improvements to the site

12. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

14. 2020-265-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for a drive-thru in conjunction with a restaurant in a C-2, Limited Commercial Zoning District at 3402 North Main Street (Steven Kolber for Patvak Investment WC/Dunkin Donuts/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion. Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Building Permits for Staff’s review and approval

3. Submittal of a revised landscaping plan that includes ornamental grasses substituted for the twenty-four (24) deciduous shrubs shown as perimeter landscaping along North Main Street (east property line) for Staff’s review and approval

4. That the property be developed as per site and revised landscaping plans 5. All Public Work’s issues including those related to the water main location are required to be reviewed and approved by the City Engineer and Water Superintendent

6. Submittal of a Parking Lot Permit for site and landscaping work to be completed for Staff review and approval

7. Submittal of a Dumpster Enclosure Permit with a dumpster detail and rendering for Staff’s review and approval

8. Must obtain separate permits for signage and signs must be constructed to match building design and in accordance with plans approved by Staff 9. Submittal of a photometric plan with fixture details and fixture specifications for Staff’s review and approval

10. Must develop building in accordance with elevations approved by Staff 11. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

15. 1121 Kilburn Avenue

Zoning Board of Appeals recommends approval of a Special Use Permit for business use to allow tire shop, outside storage for incidental use and three (3), 8’ by 40’ storage containers in an I-1, Light Industrial Zoning District at 1121 Kilburn Avenue (Attorney Christian Solares for Mayra Yesenia Perez and Gregoria Solis/Applicants)

Ald. Thompson-Kelly asked if Staff checked to see if all fines were paid at this business. Todd Cagnoni, City Administrator stated that he will make sure that Staff looks into this matter.

Ald. Hervey questioned the storage container size that the applicant is requesting. Scott Capovilla, Planning and Zoning Manager explained that the containers can be used to store used tires. He further explained that the containers will be located behind the fence, which is a condition that has been added. When the containers are filled, new ones will be brought in. The containers that are filled will be taken to a recycling center. Ald. Hervey asked if Ald. Thompson-Kelly supports this request.

Ald. Thompson-Kelly stated that she does have some concerns because the owners have been out of compliance for quite some time now, and have been asked repeatedly to bring the property into compliance. She further explained that the owner has done some work to the property in an attempt to bring the property into compliance but fines are still pending.

Ald. Frost also voiced his concerns regarding the type of storage that is being requested.

RESULT: LAID OVER Next: 11/9/2020 5:30 PM 16. 1706 Rural Street

Liquor and Tobacco Advisory Board recommends approval for the Sale of Tobacco Products in conjunction with a convenience store in a C-2, Limited Commercial Zoning District at 1706 Rural Street (SamerAlsgaf/Corner Mini Mart, LLC dba Corner Mini Mart/Applicant)

Ald. Tuneberg informed the Committee that the owner has made some progress on the building and the grounds. However, there is still some opposition from the six (6) business owners that are in the vicinity and from some members of the community that have concerns about tobacco sales at this location. Ald. Tuneberg noted that he has not given his full support to this request at this point.

Ald. Logemann expressed his concerns with this request as well, and noted that he has not received any expressions of support from anyone in his ward, which is across the street from this location.

Ald. Chiarelli asked if Ald. Tuneberg and Logemann would like to have this item lay over.

Ald. Tuneberg stated that he would not be opposed to having this item lay over. However, he did inform the Committee that the item has been laid over three (3) times at the Liquor and Tobacco Advisory Board meeting.

Ald. Hervey asked if legally the City has the option to issue tobacco licenses for certain kinds of tobacco rather than for a broad number of tobacco products. She wanted to know if this was something that would only be allowed by the State of Illinois, or could a municipality implement such a rule. Assistant City Attorney Lafakeria Vaughn responded that she believes that an amendment would have to be made to the ordinance but would look into the matter.

RESULT: LAID OVER Next: 11/9/2020 5:30 PM

17. 2020-266-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for the Sale of Tobacco Products in conjunction with a convenience store in a C-4, Urban Mixed Use Zoning District at 1006 Charles Street (Walid Jarwsh/Midtown 1 Stop Shop LLC, dba Midtown 1 Stop Shop/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion. Approval is subject to the following conditions:

1. Meeting all applicable Building and Fire Codes

2. Compliance with all City of Rockford Tobacco Codes

3. The sale of tobacco products shall be limited to the interior floor plan as shown on submitted interior floor plan Exhibit E

4. The hours of operation will be limited to Monday through Friday 9 a.m. to 11 p.m., 10 a.m. to 11 p.m. Saturday, and 10 a.m. to 10 p.m. on Sunday 5. That the window signage shall not exceed 20% of window area

6. The sale of rose tubes, airplane-sized bottles and any other products that can be deemed to be easily manufactured into drug paraphernalia is prohibited

7. The sale of water pipes and “huka” or “hookah” pipes are prohibited 8. There shall not be temporary exterior signage

9. The windows shall not be covered with bars or other devices that block the windows

10. Submittal of landscaping plan for Staff review and approval

11. Any pending general ordinance case(s) must be resolved prior to issuance of the license

12. All outstanding general ordinances fines must be paid prior to issuance of the license

13. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

18. 2020-267-CR - 1201 Broadway

Liquor and Tobacco Advisory Board recommends approval for the Sale of Liquor by the Drink in conjunction with a restaurant, bar and video gaming in a C-4, Urban Mixed Use Zoning District at 1201 Broadway (Blackprint Enterprises, LLC dba Xsquisites Bar & Grill/Applicants)

RESULT: LAID OVER Next: 11/2/2020 5:30 PM 19. 2510 South Alpine Road

Liquor and Tobacco Advisory Board recommends approval for the Sale of Tobacco Products in conjunction with a hookah lounge in a C-3 General Commercial Zoning District at 2510 South Alpine Road (LIT Hookah Bar, LLC dba LIT Hookah Bar/Applicant)

RESULT: LAID OVER Next: 11/9/2020 5:30 PM 20. 2020-268-CR - 505-507 East State Street

Liquor and Tobacco Advisory Board recommends approval for:

a. The Sale of Liquor by the Drink in conjunction with a restaurant, and bar; and

b. The Sale of Liquor by the Drink in conjunction with an outdoor smoking area in a C-4, Urban Mixed-Use Zoning District at 505-507 East State Street (Julie Kylesa Rankin dba J & K’s Lounge/Applicant)

RESULT: LAID OVER Next: 11/2/2020 5:30 PM 21. 1021 East State Street

Liquor and Tobacco Advisory Board recommends approval for:

a. The Sale of Beer & Wine by the Drink in conjunction with a restaurant, video gaming facility; and

b. The Sale of Beer and Wine by the Drink in conjunction with an outdoor seating area in a C-4, Urban Mixed-Use Zoning District at 1021 East State Street (Buff Blackner Enterprises Inc., dba Grill’ N Green Restaurant/Applicant)

RESULT: LAID OVER Next: 11/9/2020 5:30 PM

22. 2020-269-CR - Request for Modification of an existing Liquor License to add one (1) additional Video Gaming Terminal at North Main Bar Inc., dba North Main Bar – 1428 North Main Street.

With no further business before the Committee, the meeting was adjourned.

RESULT: LAID OVER Next: 11/2/2020 5:30 PM

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