City of Rockford Code & Regulation Committee met Aug. 22.
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. 1334 & 1344 East State Street
Zoning Board of Appeals recommends approval for a Special Use Permit for a gas station and convenience store in an R-1, Single-Family Residential Zoning District, C-1 Limited Commercial Zoning District, and a C-3, General
Commercial Zoning District at 1334 & 1344 East State Street (Architect Joseph Anderson for Sadruddin & Penny Lakhani/Applicants)
Chairman Torina noted that Staff's recommendation was for denial. However, ZBA voted for approval. She asked Scott Capovilla, Planning and Zoning Manager to explain. Mr. Capovilla explained that the subject business is surrounded by residential, and several businesses to the west of the property. Staff believes that the proposed expansion would be too intrusive and intense for the area.
Ald. Tuneberg asked about the intentions of the expansion. Mr. Capovilla stated that the expansion would include food and beverages, and later the applicant would be applying for liquor if the request was approved.
Ald. Bonne asked what would prevent the applicant from applying for a liquor license now. Mr. Capovilla stated that they do not have the space.
Ald. Tuneberg commented that when he read the staff report, there were several things that the applicant needs to do to bring the property into compliance, and also it was not clear to him what the intent of the expansion is.
Ald. Rose asked about the calls for service the subject location. Mr. Capovilla stated that there have been fifteen (15) calls for service in the past year.
A MOTION was made by Ald. Torina to have this item LAYOVER. The motion was SECONDED by Ald. Quinonez, and CARRIED by a vote of 4-1. Ald. Bonne voted "No."
RESULT: LAID OVER
2. 3166 McFarland Road
Zoning Board of Appeals recommends approval for a Special Use Permit for an unattended fuel station and car wash in a C-2. Limited Commercial Zoning District at 3166 McFarland Road (Jim Arneson for Dealar Properties, Inc./Applicant)
Chairman Torina announced that this item will be held out. There were no objections.
RESULT: HELD OUT Next: 9/12/2022 5:30 PM
3. 904 Shenandoah Avenue
Zoning Board of Appeals recommends denial for a:
a. Variation to increase the fence height from four (4) feet to six (6) feet within the front yard along Shenandoah Avenue; and
b. Variation to allow a chain-link fence with plastic slats within the front yard along Shenandoah Avenue in an R-1, Single Family Residential Zoning District at 904 Shenandoah Avenue (Stephanie Jones Sullivan/Applicant)
Chairman Torina announced that this item will be held out. There were no objections.
RESULT: HELD OUT Next: 9/12/2022 5:30 PM
4. 402-528 Martin Road, 3331 and 3333 Foley Street, 4xx-517 Barry Road, 4xx-440 Barry Road, 3213, 32xx, and 3215 Blair Street, 3306 and 3312 Blair Street, 315 Kennon Road, and 3319 Lyle Street
Zoning Board of Appeals recommends approval for a Zoning Map Amendment from R-1, Single-Family Residential Zoning District to I-2, General Industrial Zoning District at 402-528 Martin Road, 3331 and 3333 Foley Street, 4xx-517 Barry Road, 4xx-440 Barry Road, 3213, 32xx and 3215 Blair Street, 3306 and 3312 Blair Street, 315 Kennon Road, and 3319 Lyle Street (Four Rivers Sanitation Authority/Applicants)
A MOTION was made by Ald. Bonne to SUSTAIN ZBA. The motion was SECONDED by Ald. Quinonez.
RESULT: SUSTAINED
5. 6588 Spring Brook Road
Zoning Board of Appeals recommends approval for a Special Use Permit for a Planned Unit Development for a pet grooming facility, dog bar, new vehicle storage building, new parking lot, and a bar building in an R-3, Multi-Family Residential Zoning District at 6588 Spring Brook Road (William Caldwell/Applicant)
Chairman Torina noted that this item was previously before the Committee and it failed for lack of a motion, or vote. She explained that official action needs to be taken by the Committee.
A MOTION was made by Ald. Torina to REVERSE ZBA and DENY the request. The motion was SECONDED by Ald. Durkee.
Ald. Bonne asked for more clarification as to why this item is back on the agenda. Nick Meyer, Legal Director for the City of Rockford stated that a vote should have been taken when the item was previously on the agenda. He further explained that zoning items need final determination in case there is an appeal. Also, findings of fact need to be adopted stating the reason for the denial.
Megan McNeill, Assistant City Attorney for the City of Rockford read in the Findings of Fact:
1. The establishment, maintenance or operation of the Special Use Permit for a PUD will be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.
2. The Special Use Permit for a PUD will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will substantially diminish or impair property values within the neighborhood.
3. The establishment of the special use for a PUD will impede the normal or orderly development and improvement of the surrounding property for uses permitted in the R-3 District.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been provided.
5. Adequate measures will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6. The special use for a PUD does not conform to the applicable regulations of the R-3 District in which it is located.
A MOTION was made by Ald. Bonne to ADOPT the Findings of Fact. The motion was SECONDED by Ald. Quinonez, and CARRIED by vote of 5-0
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Gabrielle Torina, Alderman SECONDER: Tim Durkee, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
Zoning Board of Appeals recommends approval for a:
a. Special Use Permit for religious assembly and associated activities; and
b. Variation to reduce the required front yard setback along Preston Street from twenty-five (25) feet to fifteen (15) feet; and
c. Variation to reduce the required front yard setback along Waveland Avenue from twenty-five (25) feet to fifteen (15) feet in a R-1, Single-Family Residential Zoning District at 602 South Pierpont Avenue and 7xx Waveland Avenue
Ald. Bonne wanted to know why the applicant need the special use permit and variations. Mr. Capovilla responded that the church has acquired a new location, and will be constructing a new building. When the new church is completed, they will tear down the old church, and convert it to a parking lot. He noted that the current lots in that area are very small.
A MOTION was made by Ald. Rose to SUSTAIN ZBA. The motion was SECONDED by Ald. Quinonez. Approval is subject to the following conditions:
1. Meet all Building and Fire Codes
2. Meet all Stormwater Management Codes
3. Submittal of Building Permits for Staff’s review and approval with building elevations, proposed material and dumpster enclosure detail
4. Submittal of a revised site plan to include the required two bicycle spaces
5. Submittal of a Full Landscape Plan with plant species and sizes for Staff’s review and approval
6. Submittal of an Illumination Plan for Staff’s review and approval if parking light lighting is to be installed
7. Must request alley vacation per the Annexation Agreement
8. Must obtain separate permits for signage and sign must be constructed to match building design and in accordance with submitted sign elevations
9. Must develop site in accordance with civil, building elevations, building materials, illumination and landscaping plans approved by Staff
10. All conditions must be met prior to establishment of use
RESULT: SUSTAINED
7. 1341 Greenwood
Zoning Board of Appeals recommends approval for a Variation to increase the maximum permitted square footage from 720 square feet to 1,112 square feet to allow construction of an additional accessory structure in an R-1, Single-Family Residential Zoning District at 1341 Greenwood Avenue (Michael Tremaine/Applicant)
Chairman Torina noted that this item is the same as Item No. 5, and needs official action. A MOTION was made by Ald. Rose to REVERSE and DENY the request. The motion was SECONDED by Ald. Torina.
Ald. Tuneberg commented that this property is in his ward, and he supports the applicant's request. He asked the Committee to reconsider their denial. Ald. Logemann also voiced his support for the request. Ald. Tuneberg noted that the applicant's neighbors have given their support for this request as well.
Ald. Bonne wanted to know Staff's issue with this request. Mr. Capovilla indicated that the issue is the size of the garage.
Chairman Torina clarified that the vote will be to REVERSE ZBA and deny the request. The motion FAILED. A MOTION was made by Ald. Bonne to APPROVE the request. The motion was SECONDED by Ald. Durkee, and PASSED by a vote of 3-2. Ald. Torina and Ald. Rose voted "No."
RESULT: LAID OVER
8. 5494 East State Street
Liquor and Tobacco Advisory Board recommends approval of a license for the Sale of Liquor by the Drink (Class E) in conjunction with a restaurant, and outdoor seating area in a C-2, Limited Commercial Zoning District at 5494 East State Street (Jose A. Chavez/Mexico Classico Grill, LLC dba Chavez Mexican Restaurant/Applicant)
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. Meet all applicable Building and Fire Codes.
2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.
3. Submittal of a revised site and landscaping plan with one (1) interior l andscape island in the middle of the row parking, one (1) interior landscape as an end cap on the row of parking, three (3) ornamental trees along the south property line, and three (3) shade trees along the west property line with plant species and size for Staff review and approval.
4. The sale of liquor by the drink shall be limited to submitted Exhibit F and Exhibit G.
5. The hours of operation will be limited to 11:00 A.M. to 12:00 A.M. (Midnight), Monday through Sunday.
6. Window display signage is limited to 20% of window area.
7. The windows shall not be covered with bars or other devices that block the windows.
8. The proposed use and facility is prohibited from having any video gaming machines.
9. The restaurant and an outdoor seating area shall not have a cover charge or dance floor.
10. The restaurant and an outdoor seating area shall not operate as a nightclub.
11. All conditions must be met prior to establishment of use.
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.
RESULT: SUSTAINED
9. 6860 Spring Creek Road
Liquor and Tobacco Advisory Board recommends approval of the continued operation under a Class A license for the Sale of Liquor by the Drink in conjunction with a restaurant and outdoor seating area under new ownership pursuant to an 80% stock purchase in a C-3, General Commercial Zoning District at 6860 Spring Creek Road (Laura Renner/Josef’s of Barbados/Applicant)
A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Bonne.
Approval is subject to the following conditions:
1. 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. 4. The hours of operation shall be limited to Monday through Sunday 4:00 p.m. to 12:00 a.m. (midnight).
5. The proposed use shall not have a cover charge, dance floor or any DJs. 6. The proposed use shall not operate as a nightclub.
7. Submittal of a food and drink menu.
8. Window display signage is limited to 20% of window area.
9. The windows shall not be covered with bars or other devices that block the windows.
10. The proposed use and facility is prohibited from having any video gaming machines.
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 establishment of use.
RESULT: SUSTAINED
10. 1710 Rural Street
Liquor and Tobacco Advisory Board recommends approval of a license for the Sale of Beer & Wine by the drink (Class NG-WB) in conjunction with a restaurant and an outdoor seating area in a C-2, Limited Commercial Zoning District at 1710 Rural Street #3(Stacey Knight/Kevin Knight/Feed the Pozitive, LLC dba Lydia’s Café/Applicant)
A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Bonne.
Approval is subject to the following conditions:
1. Meet all applicable Building and Fire Codes.
2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.
3. Submittal of a detailed site plan for the outdoor seating area. 4. The sale of beer and wine by the drink shall be limited to the submitted Exhibit F.
5. The hours of operation will be limited to 7:00 a.m. to 2:00 p.m., Monday through Sunday.
6. The hours of operation for tenant space #3 (Lydia's Café) and tenant space #4 (Rural on Tap) shall not conflict and must be in accordance with previous business schedule for businesses within Rural Oaks Plaza submitted to and approved by Staff.
7. Window display signage is limited to 20% of window area.
8. The windows shall not be covered with bars or other devices that block the windows.
9. The proposed use and facility is prohibited from having any video gaming machines.
10. The restaurant and an outdoor seating area shall not have a cover charge, dance floor or any DJs.
11. The restaurant and an outdoor seating area shall not operate as a nightclub. 12. All conditions must be met prior to establishment of use.
13. Any pending general ordinance case(s) must be resolved prior to issuance of the license.
14. All outstanding general ordinance fines must be paid prior to the issuance of the license.
15. All conditions must be met prior to establishment of use.
RESULT: SUSTAINED
11. 2401, 2402 Latham Street
Liquor and Tobacco Advisory Board recommends approval for:
a. The continued operation under a Class A license for the Sale of Liquor by the Drink in conjunction with a bar, video gaming terminals, outdoor seating area; and
b. The continued Sale of Packaged Liquor under a Class PKG in conjunction with a bar, video gaming terminals and outdoor seating area pursuant to a 100% stock purchase in a C-3, General Commercial Zoning District at 2401, 2402 Latham Street (Colleen Therese Kowalski/Latham Tap Inc. dba Latham Tap, Inc./Applicant)
A MOTION was made by Ald. Rose to SUSTAIN LTAB. The motion was SECONDED by Ald. Quinonez. Approval is subject to the following conditions:
1. Meeting all applicable Building and Fire codes.
2. Compliance with all City of Rockford Code of Ordinances including Liquor Codes.
3. Hours are limited to Monday through Friday 10:00 a.m. to 2:00 a.m., Saturday 8:00 a.m. to 2:00 a.m. and Sunday 8:00 a.m. to midnight.
4. Window display signage shall be limited to 20% of the window surface area.
5. Removal of the additional business identification wall sign.
6. Submittal of a dumpster enclosure permit to meet code.
7. There shall not be a cover charge, dance floor or DJs.
8. The proposed use shall not operate as a nightclub.
9. The sale of liquor by the drink in the outdoor seating area shall be limited to the area as shown on Exhibit E.
10. The proposed use and facility shall be limited to five (5) video gaming terminals.
11. The windows shall not be covered with bars or other devices that block the windows.
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.
RESULT: SUSTAINED
12. 320 North Mulford Road
Liquor and Tobacco Advisory Board recommends approval for:
a. A license for the Sale of Tobacco Products with a gas station and convenience store; and
b. A license for the Sale of Packaged Liquor (Class PKG) in conjunction with a gas station and convenience store in a C-3, General Commercial Zoning District at 320 North Mulford Road (Girishkumar B. Patel/Circle G LLC dba BP Gas Station/Applicant)
A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Rose. 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 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 Code.
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 (50ml (1.7 ounces) or less) 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 freestanding sign by January 1, 2023.
11. Removal of the temporary signage both interior and exterior. 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 issuance of the license.
14. All conditions must be met prior to issue
RESULT: SUSTAINED
13. 542 and 634 North Lyford Road
Liquor and Tobacco Advisory Board recommends approval for:
a. A Modification of an Existing Liquor License for the Sale of Packaged Liquor (PKG) and a Tobacco License to add additional corporate owners for a total of four (4) corporate owners; and
b. Denial of the request for change of store hours to 24 hours a day, add video gaming terminals, and remove restriction on minimum ounce requirement for single serve bottles of liquor in a C-3, General Commercial Zoning District at 542 and 634 North Lyford Road (Sunny Elengical/Reetha Elengical/Ajithkumar Asokabhavan Krishnan/Anil Krishnan/Star Petroleum, Inc. dba BP Star Petroleum, Inc./Applicants)
Chairman Torina announced that this item will be held out. There were no objections.
RESULT: HELD OUT Next: 9/12/2022 5:30 PM
14. Modification to an Existing Liquor License
Rural on Tap, 1710 Rural Street, has requested a sixth (6th) video gaming terminal
A MOTION was made by Ald. Quinonez SUSTAIN LTAB. The motion was SECONDED by Ald. Torina. Ald. Quinonez asked if the City was informed when a business closes and relinquishes their video gaming terminals. Attorney McNeill explained that the business owners will inform our office, or the terminal operators will contact the Legal Department. Also, if terminal stickers are not renewed, Staff will contact the owner for verification. She also noted that this information can be obtained from the quarterly reports that Staff receives from the State of Illinois. Attorney McNeill pointed out that Staff does update the numbers periodically.
Ald. Bonne voiced his concerns about approving this request. Director Meyer explained that this particular applicant's liquor license was in existence prior to January, 2020 when an amendment was made to the ordinance regarding six (6) video gaming terminals. This was done after the state statute changed. At that time, Staff created a process and sent out notification to businesses who wished to obtain a sixth (6th) machine. He further explained that the first round of applicants were approved. This application meets all of the requirements and qualifications, which is why Staff has recommended approval.
Ald. Beach had some questions and concerns. Todd Cagnoni, City Administrator for the City of Rockford suggested that this item layover to give Ald. Beach time to review the information.
A MOTION was made by Ald. Bonne to have this item LAYOVER. The motion was SECONDED by Ald. Torina, and CARRIED by a vote of 5-0.
RESULT: LAID OVER
15. Proposed Amendments to the Annexation Policy
A MOTION was made by Ald. Rose to APPROVE the amendments to the Annexation Policy. There were no questions, or concerns regarding this item.
The motion was SECONDED by Ald. Durkee, and CARRIED by a vote of 5-0.
Ald. Bonne asked if Item No. 13 could be brought back for discussion. Chairman Torina explained that the item had been held out for further review with no objections. She indicated that she would not revisit the item for discussion.
RESULT: APPROVED (VOICE VOTE)
16. Proposed Amendments to Section 17-1 (Weed Control) and Section 17-2 (Weed Cutting; Liens)
A MOTION was made by Ald. Durkee to APPROVE the amendments to the Weed Control and Cutting Ordinance. There were no questions, or concerns regarding this item. The motion was SECONDED by Ald. Torina, and
CARRIED by a vote of 5-0.
With no further business before the Committee, the meeting was adjourned.
RESULT: APPROVED (VOICE VOTE)
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