Rockford Sun

City of Rockford Code & Regulation Committee met Jan. 9.

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

II. COMMITTEE REPORTS

1. 2023-1-CR - 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)

A MOTION was made by Ald. Rose to SUSTAIN ZBA. The motion was SECONDED by Ald. Bonne. Ald. Bonne wanted to know Ald. Frost's position on this matter. Ald. Frost explained that initially, he was not in favor of the site plan and building structure. However, in the meantime, he has worked with City Staff and the applicants to develop a modified plan for the gas station and car wash, which he is satisfied with. Ald. Frost stated that he is now in favor of moving the request forward.

Ald. Durkee expressed his opposition of this project due to the concentrated use of the area. He asked about fuel shut-off for unattended stations. Todd Cagnoni, City Administrator for the City of Rockford explained that there are specific requirements in the Building and Fire Codes for automated shut-offs for unattended gas stations.

Ald. Durkee voted "No." Approval is subject to the following conditions:

1. Must meet all applicable Building and Fire codes.

2. Must develop site in accordance with Exhibit D and E.

3. Future signage must comply with current code.

4. Dumpster enclosure must be made of material similar to or match the material of the proposed car wash building.

RESULT: SUSTAINED

2. 601 West Jefferson

Zoning Board of Appeals recommends approval of a Special Use Permit for an auto repair facility in a C-3 General Commercial Zoning District at 601 West Jefferson Street (Agustin Sevilla/Applicant)

Assistant City Attorney Megan McNeill noted that the item was voted on by the Zoning Board of Appeals, not the Liquor and Tobacco Advisory Board as listed on the agenda. The discrepancy was noted.

A MOTION was made by Ald. Torina to SUSTAIN ZBA. The motion was SECONDED by Ald. Quinonez. Ald. Quinonez wanted to know whose ward this business is in. Mr. Capovilla, Planning and Zoning Manager responded that the business is located in the thirteenth ward, and Ald. McNeely is the alderwoman of that ward. Ald. Torina stated that Ald. McNeely was not present. It was suggested that this item layover. Both motions were WITHDRAWN.

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 5-0.

RESULT: LAID OVER Next: 1/23/2023 5:30 PM

3. 2023-2-CR - 2203 Charles Street

Liquor and Tobacco Advisory Board recommends approval for the Sale of Beer and Wine by the Drink (Class WB) in conjunction with a bar and video gaming terminals in a C-3, General Commercial Zoning District at 2203 Charles Street

(Jon Alan Thompson/Donald J. Cuppini/Mark Allyn O’Donnell/Northern Illinois Video Gaming/Applicants)

A MOTION was made by Ald. Quinonez. The motion was SECONDED by Ald. Rose. There was no discussion on this item. 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. Submittal of a landscaping plan for the perimeter landscape area along Charles Street and 18th Street for Staff’s review and approval

4. The sale of liquor by the drink shall be limited to the submitted Exhibit E and the approved final interior floor plan approved by Staff

5. The existing non-conforming freestanding sign shall be removed

6. Any new freestanding sign shall be a landmark style sign in accordance with the Sign Ordinance and submittal of a Sign Permit for the new landmark-style freestanding sign for Staff review and approval

7. The hours of operation will be limited to Monday through Saturday 7 a.m. to 2 a.m. and Sunday 9 a.m. to 2 a.m.

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 shall be limited to six (6) video gaming terminals

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 the issuance of the license

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

RESULT: SUSTAINED

4. 2023-3-CR - 5120 Spooner Drive

Liquor and Tobacco Advisory Board recommends approval for the Sale of Beer and Wine by the Drink (Class WB50) in conjunction with a restaurant and video gaming terminals in a C-3, General Commercial Zoning District at 5120 Spooner Drive (Laura Andrews/It’s a Wing Thing, LLC dba It’s a Wing Thing/Applicant)

A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion was SECONDED by Ald. Rose. There was no discussion on this item.

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. Submittal of a landscaping plan that includes perimeter landscaping along the west property line consisting of five (5) shade trees islands on the north side of the parking spaces that includes plant species and size for Staff’s review and approval

4. Submittal of a revised interior floor plan showing the different areas of the restaurant and the uses of these areas within the restaurant including the video gaming terminals for Staff review and approval

5. The sale of beer and wine by the drink shall be limited to the revised interior floor plan approved by Staff

6. The hours of operation will be limited to Monday through Sunday 11 a.m. to Midnight

7. The proposed use shall not have a cover charge, dance floor or any DJs 8. The proposed use shall not operate as a nightclub

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

10. Window display signage is limited to 20% of window area

11. The proposed use and facility shall be limited to five (5) video gaming terminals

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

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

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

RESULT: SUSTAINED

5. 2023-4-CR - 126 North Madison Street

Liquor and Tobacco Advisory Board recommends approval for a Modification of an Existing Liquor License to add the Sale of Full Liquor by the Drink (Class L50) in conjunction with a restaurant in a C-4, Urban Mixed-Use Zoning District at 126 North Madison Street (3 Magpie’s Inc. dba Magpie’s/Applicant)

A MOTION was made by Ald. Bonne to SUSTAIN LTAB. The motion was SECONDED by Ald. Torina. Ald. Rose asked about the number of video gaming terminals that are left. Attorney McNeill noted that Magpies already has video gaming. The request is only for modification to upgrade their liquor license from beer and wine to full liquor, and there would not be any new gaming terminals added. Attorney McNeill further explained that the staff reports indicate that currently, there are five hundred and forty four (544) authorized video gaming terminals. The numbers are updated after approval is given for additional video gaming terminal requests.

Mr. Cagnoni added that the only request that will add to the count is It's A Wing Thing on Spooner Drive. The other requests are for relocations, change in ownership, and modifications, which have no impact on the number of video gaming terminals.

RESULT: SUSTAINED

6. 315 South Main Street

Liquor and Tobacco Advisory Board recommends approval for the Sale of Liquor by the Drink (Class L50) in conjunction with a tavern and video gaming terminals in a C-4, Urban Mixed-Use Zoning District at 315 South Main Street (Jeffery A. Lindquist/Kelly Fosberg/Wood & Brick, Inc. dba Wood & Brick Tavern/Applicants)

A MOTION was made by Ald. Quinonez to SUSTAIN LTAB. The motion SECONDED by Ald. Torina. Ald. Bonne suggested that this item layover because Ald. McNeely was not in attendance. The motion and second were WITHDRAWN. A MOTION was made by Ald. Bonne to have this item LAYOVER. The motion SECONDED by Ald. Torina.

RESULT: LAID OVER Next: 1/23/2023 5:30 PM

7. 2023-5-CR - 2542 Stowmarket Avenue

Liquor and Tobacco Advisory Board recommends approval for:

a. The Sale of Packaged Liquor (Class PKG) 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 Zoning District at 2542 Stowmarket Avenue (Biju Kurian/RfordBP, Inc. dba RfordBP, Inc./Applicant)

A MOTION was made by Ald. Quinonez. The motion was SECONDED by Ald. Bonne. There was no discussion on this item.

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 and Tobacco Codes

3. Window display signage is limited to 20% of the window area

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

5. Submittal of a revised interior floor plan indicting the point of sales for tobacco products and hard liquor

6. Submittal of a revised landscaping plan indicating species, size and location of plant materials for Staff review and approval

7. The sale of rose tubes, airplane-sized bottles (50 ml(1.7 ounces) or less) and any other products that can be deemed to be easily manufactured into drug paraphernalia is prohibited

8. The sale of water pipes and “huka” or “hookah” pipes are prohibited

9. Removal of the non-conforming freestanding sign by April 30, 2023

10. Any new freestanding sign shall be a landmark style sign in accordance with the Sign Ordinance and submittal of a Sign Permit for the new landmark-style freestanding sign 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 the issuance of the license

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

RESULT: SUSTAINED

8. 2023-6-CR - 3301 11th Street

Liquor and Tobacco Advisory Board recommends approval for the Sale of Liquor by the Drink (Class L50) in conjunction with a tavern and video gaming terminals in an R-1, Single-Family Residential Zoning District at 3301 11th Street (Nilufar Kabir/Opsahl’s Tavern, Inc. dba Opsahl’s Tavern & Pizza/Applicant)

A MOTION was made by Ald. Bonne to SUSTAIN LTAB. The motion was SECONDED by Ald. Quinonez. Ald. Rose asked about the video gaming terminal request. Attorney McNeill explained that the former business owner had six (6) machines. However, because this is a new owner, she is only allowed five (5) machines. She further explained that once the new owner becomes eligible and meets all the requirements for a sixth (6th) machine, she could apply if she so desired.

A MOTION was made by Ald. Quinonez TO AMENDED conditions 4, 5, and 8 giving the applicant until June 30, 2023 to comply with the conditions of approval. Ald. Torina indicated that she was under the impression that the applicant had until September 1, 2023 to comply. Legal Director Nicholas Meyer clarified that conditions 3, 4, would be given until June 30, 2023 to comply with the conditions. The applicant would be given until June 30th to submit landscaping plans for condition 5, and would be given until September 1st for installation of landscaping, and the applicant has until September 1, 2023 to comply with condition 8.

Ald. Torina noted that this business is in Ald. Prunty’s ward. Ald. Prunty thanked staff for working with her on modifying the condition timelines.

Ald. Quinonez’s motion was WITHDRAWN. A new MOTION was made by

Ald. Quinonez to AMEND conditions 3, 4, 5 and 8 making all the deadline dates September 1, 2023. The motion was SECONDED by Ald. Bonne.

Mr. Capovilla explained that staff needed the landscaping plans (condition 5) prior to the installation, which gives staff time to review, and approve them. Ald. Rose spoke in opposition of applicants having too much time, in his opinion to submit site plans. Mr. Capovilla explained that in this particular case, the liquor license needs to be issued before the sale is considered complete per applicant’s agreement with the seller. There was discussion.

All pending motions were WITHDRAWN. A MOTION was made by Ald. Quinonez to AMEND condition 3’s deadline to June 30th, and conditions 4, 5 and 8’s deadlines are amended to September 1, 2023. The motion was SECONDED by Ald. Bonne. The motion was SECONDED by Ald. Rose.

The request was APPROVED with the amendments.

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

RESULT: SUSTAINED

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