City of Rockford Code & Regulation Committee met Jan. 10.
Here are the minutes provided by the committee:
I. CALL TO ORDER
| Attendee Name | Organization | Title | Status | Arrived |
| Tim Durkee | City of Rockford | Alderman | Present | |
| Bill Rose | City of Rockford | Alderman | Present | |
| Tuffy Quinonez | City of Rockford | Alderman | Present | |
| Gabrielle Torina | City of Rockford | Alderman | Present | |
| Mark Bonne | City of Rockford | Alderman | Present |
1. 2022-4-CR - 2303 16th Avenue
Zoning Board of Appeals recommends approval for a Variation to increase the maximum fence height permitted in the front yard from four feet to six feet along 19th Street in an R-1, Single Family Residential Zoning District at 2303 16th Avenue (Mi Reh/Applicant)
A MOTION was made by Ald. Durkee to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina. Scott Capovilla, Planning and Zoning Manager for the City of Rockford explained that the subject fence was constructed without a permit. The applicant was cited by the City of Rockford. After the citation was issued, the applicant hired a contractor who applied for a 6ft. variation. Staff discovered that a portion of the fence was higher than 6ft. The applicant wanted to keep the fence at that height, and was allowed to submit a second application, which is also on the agenda tonight. ZBA approved this request but not the second request.
Ald. Logemann voiced his support this request.
Ald. Frost suggested that the panels that are too high be cut down to size to match the height of the other portion of the fence. Mr. Capovilla stated that Staff made that suggestion, but the applicant was reluctant.
Ald. Prunty asked wanted to know the reason(s) the citation was issued. Mr. Capovilla noted that aesthetics was the main reason.
Ald. Bonne voted "No."
RESULT: SUSTAINED
2. Committee recommends sustaining the Zoning Board of Appeals denial of a:
a. Variation to increase the maximum fence height permitted in the front yard from four feet to 8’4” for the existing fence along 19th Street; and
b. Variation to increase the maximum fence height permitted in the side yard from six feet to 8’10” for the existing fence along the east property line in an R-1, Single-Family Residential Zoning District at 2303 16th Avenue (Mi Reh/Applicant).
A MOTION was made by Ald. Durkee to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina. A MOTION was made by Ald. Quinonez to REVERSE ZBA and approve the request. The motion was SECONDED by Ald. Bonne. The motion FAILED by a vote of 3-2. Ald. Rose, Ald. Durkee and Ald. Torina voted "No."
Ald. Quinonez and Ald. Bonne voted "No" to SUSTAIN ZBA.
RESULT: SUSTAINED
3. 2022-5-CR - 1708 West State Street
Zoning Board of Appeals recommends denial for a Special Use Permit consisting of a banquet hall for family gatherings, bridal showers, meetings, fundraisers, and holiday gatherings in a C-3, General Commercial Zoning District at 1708 West State Street (Christopher Bass/Applicant).
A MOTION was made by Ald. Durkee to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina. Ald. Wilkins asked the reason(s) for denial. Mr. Capovilla stated that there is not sufficient parking at the location, and there are life safety issues regarding occupancy.
Ald. McNeely commented that she supports the denial. She also stated that she had received information that even after denial, the building is still being used as a banquet hall. She asked that Staff go out to the building to investigate.
RESULT: SUSTAINED
4. 1311 North Main Street
Zoning Board of Appeals recommends denial for a Special Use Permit for indoor climate controlled self-storage in a C-2, Limited Commercial Zoning District at 1311 North Main Street (Joseph James Partners LLC/Applicant)
Ald. Bonne stated that he had spoken to the developer recently and they have some new ideas for this property. He requested in the form of a MOTION that this item layover for sixty (60) days. The motion was SECONDED by Ald. Durkee, and CARRIED by a vote of 5-0.
Ald. McNeely questioned if this item would have to go back before the ZBA because of their denial. Todd Cagnoni, City Administrator for the City of Rockford explained that the request for the layover is based upon the applicant's evaluation of potential uses based on the concerns that were raised at the zoning meeting. If there is a new application in the future, it would include an application fee, or the applicant could propose a use that doesn't require them to go before the Zoning Board of Appeals again.
Ald. Bonne AMENDED his MOTION requesting a ninety (90) day layover instead of a sixty (60) day layover. The motion was SECONDED by Ald. Durkee, and CARRIED by a vote of 5-0.
| RESULT: LAID OVER Next: 5/9/2022 5:30 PM |
a. Variation to reduce the front yard setback requirements for an in-ground pool from 30 feet to 21’4” along Greenmount Street; and
b. Variation to increase the fence height from four (4) feet to five (5) feet in the front yard along Greenmount Street in an R-1, Single-Family Residential Zoning District at 1367 Brown Hills Road (Jason and Victoria Wenger/Applicants). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Torina to SUSTAIN ZBA. The motion was SECONDED by Ald. Durkee. Approval is subject to the following conditions:
1. The pool and fence will be constructed per the location as shown in Exhibit D 2. The fence type and material will be per Exhibit F as approved by the Historic Preservation Commission
RESULT: SUSTAINED
6. Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for body art services (tattoo shop) in a C-2, Limited Commercial Zoning District at 3800 East State Street, Suite 101 (Justin Rednour/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Durkee to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina. 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. The days and hours of operation will be Tuesday through Saturday from 12:00 p.m. to 8 p.m.
4. The existing free-standing shopping center sign must have a brick or stone base added to the base of the sign as required
5. All conditions must be met prior to establishment of use
RESULT: SUSTAINED
7. 2022-16-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Zoning Map Amendment from I-1, Light Industrial Zoning District to C-2, Limited Commercial Zoning District at 4592 Linden Road (Attorney Sherry Harlan for Crusader Central Clinic Association/Applicants). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Bonne to SUSTAIN ZBA. The motion was SECONDED by Ald. Durkee.
RESULT: SUSTAINED
8. 2022-17-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board approval for the Sale of Liquor by the drink in conjunction with an event space, and deny the sale of liquor by the drink in conjunction with an event space with video gaming in a C-4, Urban Mixed-Use Zoning District at 309 and 311 7th Street (Eclectic Event Planning LLC/Clareisa Schwartz dba Eclectic Event Planning/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Durkee. Approval is subject to the following conditions:
1. Must meet all applicable Building and Fire Codes
2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes
3. The sale of liquor by the drink shall be limited to submitted Exhibit F
4. The hours of operation will be limited to 8 a.m. to Midnight (12 a.m.)
5. The proposed use and facility is prohibited from having any video gaming machines
6. The windows shall not be covered with bars or other devices that block the windows
7. Window display signage is limited to 20% of window area
8. The event space shall not operate as a nightclub
9. Private security will be employed for events open to the public and for the proposed live entertainment
10. Any pending general ordinance case(s) must be resolved prior to issuance of the license
11. All outstanding general ordinance fines must be paid prior to the issuance of the license
12. All conditions must be met prior to establishment of use
RESULT: SUSTAINED
9. 2022-18-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board approval for the Sale of Liquor by the Drink in conjunction with a restaurant, and an outdoor smoking area, and deny the sale of liquor by the drink in conjunction with a restaurant, video gaming terminals and an outdoor smoking area in a C-3, General Commercial Zoning District at 3605 Auburn Street (Alvino Vela/Tacos El Toro, LLC dba Tacos El Toro/Applicants). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Durkee. Approval is subject to the following conditions:
1. Must meet all applicable Building and Fire Codes
2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes
3. The sale of liquor by the drink shall be in conjunction with a restaurant and limited to submitted Exhibit E
4. The hours of operation will be limited to Monday through Sunday 10 a.m. to 12 a.m. (midnight)
5. The proposed use and facility is prohibited from having any video gaming machines
6. The proposed use shall not have a cover charge
7. The proposed use shall not have a dance floor
8. The proposed use shall not have any DJ’s
9. The proposed use shall not operate as a nightclub
10. Submittal of a revised site plan and landscape plan for staff’s review and approval and installation by May 1, 2022
11. Must remove existing free-standing sign and/or replace with a landmark style sign by May 1, 2022
12. Any pending general ordinance case(s) must be resolved prior to issuance of the license
13. All outstanding general ordinance fines must be paid prior to the issuance of the license
14. All conditions must be met prior to establishment of use
10. 2022-19-CR - Committee recommends approval for the Modification of an existing liquor license to add one additional video gaming terminal in a C-2, Limited Commercial Zoning District at 1436 North Main Street (Tyler Voorhees dba Rockford Billiard Cafe/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Rose to REVERSE the request for denial. Assistant City Attorney Megan McNeill noted that Staff's original recommendation was for denial. However, Staff has since amended their recommendation to approval, and the new recommendation was provided to the aldermen earlier. Chairman Rose clarified that the recommendation on the floor is for approval not denial.
A NEW MOTION was made by Ald. Quinonez to APPROVE the request for a sixth (6th) video gaming terminal. The motion was SECONDED by Ald. Durkee. Ald. Tuneberg voiced his support for this request. The motion was CARRIED by a vote of 5-0.
Ald. Durkee stated that in the past some businesses that requested a sixth (6th) video gaming terminal had been denied. In his opinion, this leads to some exposure for the City from those businesses.
Mr. Capovilla explained that a couple of years ago the City granted businesses the opportunity to apply for a sixth (6th) machine. At that time numerous businesses came before Council, and all were approved except for a couple. During that period, the subject business did not submit an application. However, since that time they have met the requirements, which is why Staff changed its recommendation. Mr. Capovilla noted that recently, new businesses and existing businesses that have never had video gaming have been denied.
Nicholas Meyer, Legal Director for the City of Rockford agreed that Mr. Capovilla was correct.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Tim Durkee, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
Ald. Durkee asked if approving this request would bring the City into compliance with State Statute. Robert Wilhelmi, Brownfield Redevelopment Specialist for the City of Rockford explained that the City has a groundwater ordinance that is already in place. However, the language contained in the ordinance before the Committee tonight is more concise, and will significantly speed up cleanup efficiency and provide a cost savings to the City and privately funded cleanup sites.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Tim Durkee, Alderman SECONDER: Tuffy Quinonez, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
There was no discussion on this item.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Bonne, Alderman SECONDER: Gabrielle Torina, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
1. 2022-3-R - 2022 Walk For Life
This event is scheduled for Saturday, January 15th from 11 a.m. - 1 p.m. The gathering place for the event will be 327 South Church Street, which will be followed by a walk through downtown Rockford
There was no discussion on this item. With no further business before the Committee, the meeting was adjourned.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Gabrielle Torina, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
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