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Saturday, April 27, 2024

City of Rockford Code & Regulation Committee met June 26

City of Rockford Code & Regulation Committee met June 26.

Here are the minutes provided by the committee:

I. CALL TO ORDER

Attendee Name

Organization

Title

Status

Arrived

Tim Durkee

City of Rockford

Alderman

Absent

Gabrielle Torina

City of Rockford

Alderman

Present

Gina Meeks

City of Rockford

Alderman

Present

Mark Bonne

City of Rockford

Alderman

Present

Isidro Barrios

City of Rockford

Alderman

Present

II. COMMITTEE REPORTS

1. 2023-129-CR - Committee recommends sustaining the Traffic Commission's approval to establish a “No Parking Any Time” restriction on the east side of Indian Terrace from Dickerman Drive to 45 feet south of Dickerman Drive, thus repealing the “2-Hour Parking” and “Residential Permit Parking” restrictions on the east side of Indian Terrace from Dickerman Drive to 45 feet south of Dickerman Drive. The Legal Director shall prepare the appropriate ordinance.

There were no questions concerning this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Mark Bonne, Alderman

SECONDER: Gabrielle Torina, Alderman

AYES: Gabrielle Torina, Gina Meeks, Mark Bonne, Isidro Barrios

ABSENT: Tim Durkee

2. Intergovernmental Agreement between the City of Rockford and Rockford Public School District 205 for Police Services

Chairman Torina announced that this item is being held out.

RESULT: HELD OUT Next: 7/17/2023 5:30 PM

3. Honorary Street Name Change Designation Request in honor of Renaldo D. Stone

A request to designate a portion of 5th Avenue from East State Street to 1st Avenue as Renaldo D. Stone Way

Chairman Torina announced that this item is being held out.

RESULT: HELD OUT

4. 2023-130-CR - Committee recommends sustaining the Zoning Board of Appeals' recommendation of denial for a:

a. Variation to increase the maximum allowed square footage of a free standing sign from 64 square feet to 406 square feet;

b. Variation to increase the maximum allowable height of a free-standing sign from 8 feet to 90 feet; and

c. Variation to allow a pylon free-standing sign when a landmark-style free-standing sign with a 2-foot brick or stone base is required in a C 3, General Commercial Zoning District at 8060, 8070 and 82xx East State Street (Andrew Smith for QuikTrip Corporation/Applicant).

A MOTION was made by Ald. Bonne to SUSTAIN ZBA. The motion was SECONDED by Ald. Meeks.

Scott Capovilla, Planning and Zoning Manager explained that in Staff’s opinion, the sign request dimensions were too big and not in line with the ordinance. Therefore, Staff denied the requests. ZBA also voted for denial of the requests.

Ald. Bonne wanted to know why the development was allowed on what is considered a prime piece of property. Mr. Capovilla explained that representatives for Quik Trip approached Staff before the Casino development was announced. Also, the owners of the property could not sell the property for years before they were approached by Quik Trip.

RESULT: SUSTAINED

5. 3202 Kishwaukee Street

Zoning Board of Appeals recommends approval for a:

a. Special Use Permit for a four-family residential unit and;

b. Variation to reduce the required parking spaces from eight (8) to four (4) in a C-3, General Commercial Zoning District at 3202 Kishwaukee Street (New Day Apartments, LLC-Elgin/Applicants)

Chairman Torina announced that this item is being held out.

RESULT: HELD OUT Next: 7/17/2023 5:30 PM

6. 2023-143-CR - 6777 Heather Lane

Zoning Board of Appeals recommends approval for a:

a. Variation to reduce the front yard setback from 40 feet to 12 feet along Reid Farm Road; and

b. Variation to allow a 12’ by 14’ shed within the front yard in an R-1, Single-Family Residential Zoning District at 6777 Heather Lane (Jay & Marianne Plath/Applicants).

Subject to conditions. The Legal Director shall prepare the appropriate ordinance. A MOTION was made by Ald. Bonne to APPROVE the request. The motion was SECONDED by Ald. Tornia. Mr. Capovilla explained that the property has three (3) front yards, which is a unique situation. He noted that a shed was previously erected on the property without a permit.

Because Ald. Durkee was absent, and the subject property is in his ward, Ald. Bonne MADE A MOTION to have the item LAYOVER. The motion was SECONDED by Ald. Torina.

The previous motions were WITHDRAWN.

RESULT: LAID OVER Next: 7/17/2023 5:30 PM

7. 2023-131-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an R-1, Single-Family Residential Zoning District at 5305 35th Street (Forefront Power for Rockford School District 205/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. Torina.

Ald. Meeks shared her concerns about the space where the solar farm will be erected. Mr. Capovilla stated that the solar farm will be specifically used by the Rockford School District.

Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Fence Permit for Staff’s review and approval

3. Submittal of Decommissioning Plan for the solar farm for review and approval by Staff

4. Submittal of landscape buffer along the south property line for Staff’s review and approval

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

RESULT: SUSTAINED

8. 2023-132-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an R-1 Single-Family Residential Zoning District at 525 North Pierpont Avenue (Forefront Power for Rockford School District 205/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. Torina. Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Fence Permit for Staff’s review and approval

3. Submittal of Decommissioning Plan for the solar farm for review and approval by Staff

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

RESULT: SUSTAINED

9. 2023-133-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an RE, Rural Estate Zoning District at 4707 North Rockton Avenue (Forefront Power for Rockford School District 205/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. Torina. Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Fence Permit for Staff’s review and approval

3. Submittal of Decommissioning Plan for the solar farm for review and approval by Staff

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

RESULT: SUSTAINED

10. 2023-134-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an R-1 Single-Family Residential Zoning District at 1800 Ogilby Road (Forefront Power for Rockford School District 205/Applicants). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

A MOTION was made by Ald. Bonne. The motion was SECONDED by Ald. Torina. Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Fence Permit for Staff’s review and approval

3. Submittal of Decommissioning Plan for the solar farm for review and approval by Staff

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

RESULT: SUSTAINED

11. 2023-135-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Zoning Map Amendment from R-1, Single-Family Residential Zoning District to C-3, General Commercial Zoning District at 4908 South Main Street (Attorney Jim Stevens for Flatirons Self Storage V DST Manager, LLC Trustee/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. Barrios.

RESULT: SUSTAINED

12. 2023-136-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Text Amendment of the City of Rockford Zoning Ordinance to Article 80-009-D. All properties in R-1, Single-Family Residential Districts with gravel driveways and/or gravel parking lots legally established shall conform to the regulations contained in Section 50-013-A of this Ordinance by November 1, 2024. All properties in any other Residential Districts (RE, R-1U, R-2, R-3, and R-4) and Commercial Districts with gravel driveways and/or gravel parking lots legally established shall conform to the regulations contained in Section 50-013-A of this Ordinance by November 1, 2023. Nothing in this provision allows illegally established nonconforming parking lots and driveways to remain (City of Rockford/Applicant). 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. Meeks.

Nicholas Meyer, Legal Director for the City of Rockford explained that this matter has was previously before the Committee. At this time Staff is asking that the date giving individuals to come into compliance be amended.

Ald. Meeks wanted to know how many commercial properties need to come into compliance. Mr. Capovilla stated that there are approximately 20 commercial properties that need to come into compliance.

Ald. Meeks asked about financial assistance. Karl Franzen, Director of Community Development stated that Staff would be happy talk to businesses and provide resources, if needed.

Ald. Wilkins asked about funding. Mr. Capovilla stated that Staff will look into establishing some kind of financial program.

RESULT: SUSTAINED

13. 2023-137-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for the Modification of an existing liquor license to change business hours from Tuesday through Thursday 11 a.m. to 11 p.m., Friday 11 a.m. to midnight, Saturday 9 a.m. to midnight and Sunday 9 a.m. to 11 p.m., and to provide live music in conjunction with a restaurant, tavern and video gaming terminals in a C-4, Urban Mixed-Use Zoning District at 1025 5th Avenue (Andrew Vowels/Gene’s Place, Inc., dba Ernie’s Midtown Pub/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

A MOTION was made by Ald. Bonne to SUSTAIN LTAB. The motion was SECONDED by Ald. Torina.

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. 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 liquor by the drink shall be in conjunction with a restaurant

6. Hours of operation are limited to Tuesday through Thursday 11 a.m. to 11 p.m., Friday 11 a.m. to midnight (12:00 a.m.) and Saturday 9 a.m. to midnight (12:00 a.m.), Sunday 9 a.m. to 11 p.m., and closed on Monday. The food service hours will be from 11 a.m. to p.m., Tuesday through Friday and 9 a.m. to 9 p.m. Saturday and Sunday

7. Applicant would be required to hire private security licensed by the State of Illinois upon the written request of the Liquor Commission

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

9. The restaurant shall not operate as a nightclub

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 be met prior to establishment of use

RESULT: SUSTAINED

14. 2023-138-CR - Committee recommends sustaining Liquor and Tobacco Advisory Board's approval for:

a. The Sale of Tobacco Products in conjunction with a convenience store and gas station; and

b. The Sale of Packaged Liquor (Class PKG) in conjunction with a convenience store and gas station in a C-2, Limited Commercial Zoning District at 3005 North Rockton Avenue (Jino John/Save Food Mart, Inc., dba Save Food Mart, Inc./Applicant).

Subject to conditions. The Legal Director shall prepare the appropriate ordinances.

A MOTION was made by Ald. Meeks to SUSTAIN LTAB. The motion was SECONDED by Ald. Barrios.

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 interior floor plan that indicates the location of the tobacco products for Staff review and approval

4. The sale of package alcohol and tobacco products shall be limited to the submitted floor plans

5. The hours of operation and days will be 5 a.m. to 12 a.m. (midnight) Monday through Sunday

6. Liquor sales hours must comply with the liquor code

7. There shall be no single serving sales of beer and wine in volumes of 16 oz. or less

8. 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

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

10. The sale of water pipes and “huka” or “hookah” pipes are prohibited 11. Window display signage is limited to 20% pf window area

12. The cinder blocks around the landscaping must be replaced with solid concrete curbing

13. The use and facility is prohibited from having video gaming terminals 14. Any pending general ordinance case(s) must be resolved prior to issuance of the license

15. All outstanding general ordinance fines must be paid prior to issuance of the license

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

RESULT: SUSTAINED

15. 2023-139-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for:

a. The Sale of Liquor by the drink (Class NG-L) in conjunction with a craft brewery and pub; and

b. The Sale of Packaged Liquor (Class PKG) in conjunction with a craft brewery and pub in a C-4, Urban Mixed-Use Zoning District at 125 North Madison Street (Alexander Blondin/Bent Oak Brewing, LLC dba Bent Oak Brewing/Applicant).

Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

A MOTION was made by Ald. Bonne to SUSTAIN LTAB. The motion was SECONDED by Ald. Torina.

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 craft brewery and pub

4. Submittal of the revised interior floor plan

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

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

7. The hours of operation are Monday through Thursday 3 p.m. to 10 p.m., Friday and Saturday noon to 12:00 a.m.(midnight), and Sunday noon to 10 p.m.

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

9. The proposed use shall not operate as a nightclub

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. The sale of packaged liquor is limited to beer brewed on the site

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

RESULT: SUSTAINED

16. 2023-140-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for the Sale of Packaged Liquor (Class PKG) in conjunction with a grocery store in a C-4, Urban Mixed-Use Zoning District at 325 West State Street (Rajesh & Ashay Patel/City Center Market, LLC dba City Center Market/Applicants). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

A MOTION was made by Ald. Meeks to SUSTAIN LTAB. The motion was SECONDED by Ald. Barrios.

Ald. Torina asked if this property was currently a pharmacy. Mr. Capovilla said that the business still operates as a pharmacy, but plans to add groceries and alcohol if approved.

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 interior floor plan showing proposed location of packaged liquor and package liquor shall not exceed 10% of the floor area

4. The sale of packaged liquor shall be limited to the revised plan to be approved by Staff

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

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

7. The windows shall not be covered with film

8. The hours of operation and days will be Monday through Friday, 9 a.m. to 9 p.m., Saturday 9:30 a.m. to 4 p.m., and closed on Sunday

9. There shall be no single serving sales of beer or wine in volumes of 16 oz. or less

10. 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

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

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

RESULT: SUSTAINED

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