City of Rockford Code & Regulation Committee Met May 10.
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 | |
| Karen Hoffman | City of Rockford | Alderman | Present | |
| Tuffy Quinonez | City of Rockford | Alderman | Present | |
| Bill Rose | City of Rockford | Alderman | Present | |
| Gabrielle Torina | City of Rockford | Alderman | Present | |
| Mark Bonne | City of Rockford | Alderman | Present | |
| Tim Durkee | City of Rockford | Alderman | Present |
1. 2021-101-CR - Committee recommends approval of the Final Plat No. 6 of Rockford Crossing Subdivision.
Ald. Bonne asked about the owner of the subject property. Scott Capovilla, Land Use and Zoning Manager explained that the property was formerly the Rockford Association of Realtor's site. The building that was on the property is being demolished. The property will be re-platted into two (2) lots.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Gabrielle Torina, Alderman SECONDER: Tim Durkee, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
Ald. McNeely asked if this location was the same location that the Code & Regulation Committee denied a couple of weeks ago. Mr. Capovilla responded that this is the same location that was previously before the Committee. Ald. Beach reminded everyone that the subject location is within the tenth (10th) ward, which is his ward. He also noted that the Miracle Mile is also a part of his ward, along with the Miracle Mile Business Association. Ald. Beach explained that he had received a letter from the Miracle Mile Business Association expressing their opposition to the proposed hookah lounge because they do not consider it a family friendly business. He stated that he and some representatives from the Miracle Mile Business Association had spoken to the applicant and have no problem with him. He further indicated that the Miracle Mile Business Association has contributed phenomenal investments along that portion of the city. He asked for the Committee's support.
Ald. Bonne asked the reason or reasons for their opposition. Ald. Beach read the letter that he had, which indicated that the organization felt that the proposed business is not consistent with their mission of promoting a family friendly business environment, and in their opinion, a place that promotes smoking targets young people.
Ald. Quinonez expressed his concerns and stated that he will not be supporting this request.
Ald. McNeely wanted to know the reason Staff changed their recommendation from denial to approval. Mr. Capovilla explained that the first time that the request came before the Committee, the City of Rockford did not have a Hookah Ordinance, and the applicant was missing vital information such as floor plans and site plans. Since that time, a Hookah Ordinance has been added to the City of Rockford Code of Ordinances, and the applicant has provided all of the required information. After review of the additional information and the addition of the Hookah Ordinance, Staff felt that the information provided met the intent of the ordinance. At that time, a revised recommendation of approval was prepared. Ald. McNeely stated that she would not support the request as is. However, if they included the sell of cigarettes, or cigars she would support the request. She also noted that she did not agree with the Miracle Mile Association's view. Nick Meyer, Legal Director for the City of Rockford clarified that per the Hookah Ordinance, the sell of tobacco is not allowed.
Ald. Durkee asked if the entire Miracle Mile organization voted in opposition of the request for this particular hookah lounge. Ald. Beach explained that they have a board that is comprised of fifteen (15) members, and they cast votes among themselves. Ald. Durkee expressed his support for the request, and stated that in his opinion there is a social and cultural element to these type of businesses, which he sees as a value. Ald. Durkee noted that not all of the businesses up and down the Miracle Mile are family friendly.
Ald. Rose agreed with Ald. Durkee, and mentioned the off-track betting businesses that are located in the area.
Ald. Beach commented that he is doing what he was asked to do by the Miracle Mile Association, which is presenting the letter. He also stated that he is glad that a discussion is being had about this. He wishes to support the Miracle Mile Association, and again asked for the Committee's support.
A MOTION was made by Ald. Durkee, and CARRIED by a vote of 4-1. Ald. Quinonez voted "No."
1. Meet all Applicable Building and Fire Codes.
2. Compliance with all City of Rockford Tobacco Codes, including the City of Rockford Hookah Ordinance at Section 3-119.1.
3. Submittal of a revised detailed floor plan that shows all seating, tables and point of sales for the hookah materials.
4. Submittal of a revised parking and landscaping plan for staff’s review and approval.
5. The hours of operation and days will be 5:00 P.M. to 12:00 A.M. (midnight) Monday through Sunday.
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. Window display signage is limited to 20% of window area.
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. Any pending general ordinance case(s) must be resolved prior to issuance of the license.
11. All outstanding general ordinances fines must be paid prior to issuance of the license.
12. All conditions must be met prior to establishment of use.
| RESULT: SUSTAINED |
Liquor and Tobacco Advisory Board recommends approval for the Sale of Liquor by the Drink in conjunction with a restaurant and video gaming terminals in a C 3, General Commercial Zoning District at 2525 Auburn Street (Alicia M. Yeverino/Applicant)
Chairman Rose announced that this item will be held out.
| RESULT: HELD OUT Next: 5/24/2021 5:30 PM |
Liquor and Tobacco Advisory Board recommends approval for:
a. The Sale of Packaged Liquor in conjunction with a gas station and convenience store; and
b. The Sale of Tobacco Products in conjunction with a gas station and convenience store in a C-3, General Commercial District at 320 North Mulford Road (Mera Baba Nanak, LLC/Jaswinder Kaur/Lakhwinder Singh dba BP Gas Station/Applicants).
Mr. Capovilla stated that this application came about because of a change in ownership at the business. Staff recommends approval. LTAB voted for approval. The Committee had no questions concerning this item.
A MOTION was made by Ald. Quinonez. The motion was CARRIED by a vote of 5-0. Approval is subject to the following conditions:
1. Meet all applicable Building and Fire Codes
2. Compliance with all City of Rockford Liquor and Tobacco Codes 3. Window display signage is limited to 20% of window area
4. The windows shall not be covered with bars or other devices that block the windows
5. The sale of alcohol and tobacco products shall be limited to the area shown on Exhibit E
6. Hours of operation shall be limited to the hours allowed per the Liquor Codes
7. There shall be no single serving sales of beer or wine in volumes of 16 oz. or less
8. 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 9. The sale of water pipes and “huka” or hookah” are prohibited 10. Removal of existing free-standing sign by December 31, 2021 11. Any pending general ordinance case(s) must be resolved prior to issuance of the license
12. All outstanding general ordinance fines must be paid prior to issuance of the license
13. All conditions must be met prior to issuance of a liquor and tobacco license
| RESULT: SUSTAINED |
a. Modification of Special Use Permit#017-20 to allow temporary outdoor storage of trailers, campers, vans and related items in 10 parking spaces along the eastern and southern borders of the property; and
b. Variation to increase the size of the maximum permitted wall mounted identification sign from 62 square feet to 107.1 square feet in an I-1, Light Industrial Zoning District at 4850 North Main Street (Attorney Sherry Harlan for Stephen P. Beers/Applicant).
Subject to conditions. The Legal Director shall prepare the appropriate ordinance. City Attorney Angela Hammer informed the Committee that she has spoken to Attorney Sherry Harlan, attorney for the applicant since the last committee meeting and she confirmed that the storage of the vehicles is not visible from the street. Mr. Capovilla also indicated that Staff had gone out to the site to verify visibility of storage from the street, and agreed that nothing could be seen. Mr. Capovilla explained that the subject location is a self-storage facility that was approved last year to allow for u-haul rental. Staff discovered that there was an outside storage issue on the property, which has been rectified. Staff recommends approval. ZBA voted for approval.
Ald. Durkee asked about the reason for the wall sign. Mr. Capovilla explained that because of the location of the building, a wall sign would be much more visible.
A MOTION was made by Ald. Durkee. The motion was CARRIED by a vote of 5-0. Approval is subject to the following conditions:
1. Outdoor storage of trailers, campers, vans and related items is limited to the location shown on Exhibit D
2. The existing landscaping as shown on Exhibit D must remain and cannot be removed
3. Removal of the illegal free-standing sign by June 30, 2021 as indicated in Narrative on Exhibit J
4. Submittal of a sign permit for proposed wall mounted identification sign for staff’s review and approval
| RESULT: SUSTAINED |
a. Zoning Map Amendment from County AG to I-1 Light Industrial Zoning District in conjunction with a Pre-annexation Agreement; and
b. Variations to allow deviations to the Zoning Ordinance per the Pre Annexation Agreement at 1203 S. Meridian Road (AG Feed Services, LLC c/o William and Kristi Gottman/Applicant).
Subject to conditions. The Legal Director shall prepare the appropriate ordinance. Mr. Capovilla explained that the business located on the subject property has been in existence for approximately thirty (30) years. At this time, they would like to build a new building on the site. Currently, the property is located within the county, and if approved would remain in the county. However, since the business is in close proximity to city limits, the County of Winnebago suggested that the owner work out an agreement with the City of Rockford. Staff recommends approval. ZBA voted for approval.
Ald. Bonne made a MOTION to amend condition #1 as follows:
Meet all Building and Fire Codes except as set forth in the Pre-Annexation Agreement
The motion was SECONDED by Ald. Quinonez, and CARRIED by a vote of 5-0.
Ald. McNeely asked if the annexation will include city water. Mr. Capovilla stated that there is no water at this site. He explained that the city water main is approximately a half mile away.
A MOTION was made by Ald. Durkee. The motion was CARRIED by a vote of 5-0. Approval is subject to the following conditions:
1. Meet all Building and Fire Codes except as set forth in the Pre-Annexation Agreement.
2. Submittal of Building Permits for staff’s review and approval.
3. Submittal of a landscape plan with plant species and size for staff’s review and approval.
4. Submittal of building elevations for staff review and approval.
5. Must develop buildings in accordance with building elevations approved by staff.
6. The property be developed as per the Pre-Annexation Agreement and landscaping plan.
7. All conditions must be met prior to establishment of use.
| RESULT: SUSTAINED |
There was no questions concerning this item.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
1. 2021-109-R - Committee recommends approval of the Rockford Midtown Market
This event is scheduled every Thursday beginning on Thursday, June 3rd and ending on Thursday, September 30th from 9:00 a.m. to 1:00 p.m. The event location will be 1000 4th Avenue in the lot adjacent to the RPS205 building. Martin Bloom, Project Manager of Permits and Special Events reviewed the Staff Report. There were no questions concerning this event.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Tim Durkee, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
This event is scheduled for Saturday, June 5th and Sunday, June 6th from 9:00 a.m. to 5:00 p.m. The event location will be on the grounds of Klehm Arboretum, 2715 South Main Street.
Mr. Martin reviewed the Staff Report. There were no questions concerning this event.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tim Durkee, Alderman SECONDER: Gabrielle Torina, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
This event is scheduled for Saturday, June 26th from 2:00 p.m. to 7:00 p.m. The event location will be 4007 East State Street (Don Carter Lanes and Old Magna Parking Lot).
Mr. Martin reviewed the Staff Report. There were no questions concerning this event.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Gabrielle Torina, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
This event is scheduled for Sunday, September 12th from 8:00 a.m. to 10:00 a.m.
The cycling route will be Southbound on North 2nd Street from Auburn Street to Walnut Street
Mr. Martin reviewed the Staff Report. There were no questions concerning this event.
With no further business before the Committee, the meeting was adjourned.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Tim Durkee, Alderman AYES: Quinonez, Rose, Torina, Bonne, Durkee |
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