Rockford Sun

City of Rockford Zoning Board of Appeals met Feb. 21.

Here are the minutes provided by the board:

Present:

ZBA Members: Craig Sockwell

Jennifer Smith

Jennifer Spencer

Kim Johnsen

Joel Zirkle

Absent: Jarmeise McNeal

Tom Fabiano

Staff: Scott Capovilla - Planning and Zoning Manager

Jeremy Carter – Engineering Operations Manager

Tim Morris - Fire Prevention Coordinator

Jacob Rubin – Assistant City Attorney

Traci Madison – Administrative Assistant

Others: Chad Tuneberg – 3rd Ward Alderman

Isidro Barrios – 11th Ward Alderman

Camille Connell Court Stenographer

Applicants and interested parties

Scott Capovilla, Planning & Zoning Manager, explained the format of the meeting will follow the Boards Rules of Procedure generally outlined as follows:

•  The Chair will call the address of the application.

•  The Applicant or Representative will come forward and be sworn in.

•  The Applicant or representative will present their request to the Board.

•  The Board will ask any questions they may have regarding this application.

•  The Chairman will then ask if there are any Objectors or Interested Parties. Objectors or Interested Parties are to come forward at that time, be sworn in by the Chairman, and give their name to the Zoning Board of Appeals secretary and the stenographer.

•  The Objector or Interested Party will state their name and present all their concerns, objections and questions regarding the application.

•  The Board will ask any questions they may have of the Objector or Interested Party.

•  The Applicant will have an opportunity to rebut the concerns/questions raised by the Objector or Interested Party.

•  No further discussion from the Objector or Interested Party will occur after the rebuttal of the Applicant.

•  The Board will ask any final questions they may have regarding this application. •  The Board will then deliberate and a roll call vote taken.

The ZBA meeting is not a final vote on any item. However, it is the only time in which the public may participate. After the ZBA meeting, the item moves on to the Code & Regulation Committee. Although, the public is invited to attend the meeting, public input is not allowed at the committee meeting. The date of the Code & Regulation meeting will be Monday, February 26, 2024 at 5:30 PM in City Council Chambers (2nd floor of City Hall) as the second vote on these items. The third and final meeting in this process is the City Council. That vote is tentatively scheduled Monday, March 4, 2024. If the item is laid over at the ZBA meeting, the next meeting is Tuesday, March 19, 2024. If for any reason the item is laid over at the committee level or on the City Council floor, the item is automatically laid over for two (2) weeks.

The meeting was called to order at 5:36 P.M.

A MOTION was made by Jennifer Spencer to APPROVE the January 17, 2024 meeting minutes. The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 4-0-1 with Joel Zirkle abstaining.

ZBA 070-23 3430 South Alpine Road

Applicant Kamal Abedrabbo

Ward 14 Modification of Special Use Permit #016-16 to expand passenger vehicle sales onto an adjacent property in an I-1, Light Industrial Zoning District

Laid over from January

The Applicant requested a layover.

A MOTION was made by Kim Johnsen to LAYOVER a modification of Special Use Permit #016-16 to expand passenger vehicle sales onto an adjacent property in an I-1, Light Industrial Zoning District. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 5-0.

ZBA 72-23 99 East State Street

Applicant Michael Dudek for Teague Dickey

Ward 3 Variation to allow parking in front of the building and a Variation to reduce the parking lot setback from 10 feet to 5 feet in a Designated Pedestrian Street in a C 4, Urban Mixed-Use Zoning District

Laid over from January

Applicant Jerry Teague Dickey and Attorney James DiVerde presented. Mr. Dickey stated that he opened a company in 2016 called Iconic Energy Solar Professionals which specializes in residential and commercial solar installations. From 2016 to 2020 the business expanded to 5 different locations. Mr. Dickey’s goal was to consolidate the growing business into one location. He eventually purchased the Register Star building located at 99 East State Street. Working with his legal staff, architects, engineers and input from city staff, Mr. Dickey presented the board with a design that that he believes is the best, safest, and most efficient use of space for the tenants and the community. Mr. Dickey stated that this property is a 277,000 square Foot, 8- story building. There is an accessory parking lot that came with the property which is located at 220 North Madison. He wants to provide valet parking as an option to assist with parking. There are letters of intent to rent space in the building but not how it is currently designed. The proposed renovation would cost $20 million and Mr. Dickey has $5 million personally invested. Mr. Dickey stated he is willing to do what is needed and work together with staff to potentially get this proposal approved.

Attorney James DiVerde stated he represents Mr. Dickey and, in addition to the statements made by Mr. Dickey, he offered for consideration with perspective to the building the variation is due to the fact that the property is historic in nature and it has a unique footprint which supports the variation that is being requested. Attorney DiVerde stated the plans submitted to the board will improve safety for both pedestrians as well as vehicles. The removal of the concrete barriers and reconstruction of the curb proposed to the board will improve visibility and ease traffic congestion. In addition, it will take the pressure off of the remote parking lot via the proposed valet parking system. Jennifer Smith asked how many tenant cars, not customers’ cars, would be anticipated daily. Mr. Dickey answered that different uses daily would be anticipated, therefore, during 9 to 5 approximately 120 employees with vehicles are expected. After hours and weekends would fluctuate so there would be more people. Mr. Dickey stated he expects both parking lots to be full to capacity. Craig Sockwell asked about the number of tenant employees that will be working in the building. Mr. Dickey answered 68 restaurant employees and the other companies approximately 400. Ms. Smith asked Mr. Dickey what is the difference between the original application and the supplemental information in terms of the traffic flow. Mr. Dickey stated that city staff suggested to change the flow to go the opposite way Mr. Dickey said the change was made based on chances of success. Kim Johnsen asked if the valet service previously mentioned would be offered during the City Market. Mr. Dickey answered that on City Market Friday’s the parking flow would need to be on Madison Street. More discussion and concerns were made regarding the parking. Kim Johnsen stated she likes the plan even with the parking being a concern.

No objectors or interested parties present

Staff recommendation is for denial

A MOTION was made by Kim Johnsen to APPROVE a Variation to allow parking in front of the building and a Variation to reduce the parking lot setback from 10 feet to 5 feet in a Designated Pedestrian Street in a C-4, Urban Mixed-Use Zoning District based on the following findings of fact:

FINDINGS OF FACT FOR APPROVAL OF A VARIATION

TO ALLOW PARKING IN FRONT OF THE BUILDING

IN A C-4, URBAN MIXED-USE ZONING DISTRICT

LOCATED AT 99 EAST STATE STREET

Approval of this Variation is based upon the following findings:

1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

2. The conditions upon which a petition for this Variation is based are unique to the property for which the Variation is sought and are applicable, generally, to other property within the same zoning classification.

3. The purpose of this Variation is not based exclusively upon a desire to increase the value or income potential of the property.

4. The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the property or by any predecessor in title.

5. The granting of this Variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.

6. The proposed Variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair the property values within the neighborhood.

7. The proposed Variation does comply with the spirit and intent of restrictions imposed by this Ordinance.

FINDINGS OF FACT FOR APPROVAL OF A VARIATION TO REDUCE THE PARKING LOT SETBACK FROM 10 FEET TO 5 FEET IN A DESIGNATED PEDESTRIAN STREET IN A C-4, URBAN MIXED-USE ZONING DISTRICT LOCATED AT 99 EAST STATE STREET

Approval of this Variation is based upon the following findings:

1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

2. The conditions upon which a petition for this Variation is based are unique to the property for which the Variation is sought and are applicable, generally, to other property within the same zoning classification.

3. The purpose of this Variation is not based exclusively upon a desire to increase the value or income potential of the property.

4. The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the property or by any predecessor in title.

5. The granting of this Variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.

6. The proposed Variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair the property values within the neighborhood.

7. The proposed Variation does comply with the spirit and intent of restrictions imposed by this Ordinance.

The motion was SECONDED by Craig Sockwell. ZBA voted 3-1 to approve with Jennifer Smith voting nay and Jennifer Spencer abstaining. The vote moves forward as a Disapproval as four members must vote in the affirmative for any item to pass.

ZBA 001-24 3238 West State Street

Applicant Team JC Auto Rebuilders, LLC for Gabriel Rentals, LLC

Ward 13 Special Use Permit for outdoor storage for passenger vehicles in conjunction with an auto body shop in an I-1, Light Industrial Zoning District

The Applicant, Marcos Meja, presented. Mr. Meja stated he and his cousin have been professional mechanics at Ford dealerships and worked at various body shops. Mr. Meja is requesting a special use permit for outdoor storage for customer passenger vehicles in conjunction with an auto body shop.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Craig Sockwell to APPROVE a Special Use Permit for outdoor storage for passenger vehicles in conjunction with an auto body shop in an I-1, Light Industrial Zoning District

The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 5-0. Approval is based on the following conditions:

1. Must meet all Applicable Building and Fire Codes.

2. No outdoor storage of trailers, commercial vehicles and auto parts.

3. Submittal of a detail landscaping plan for staff’s review and approval.

4. Submittal of a Parking lot permit for repairs, striping and landscaping improvements for staff’s review and approval.

5. If a dumpster is placed on the property, a permit will be required and material must be site-obscuring fencing.

6. Submittal of a fence permit for staff’s review and approval.

7. Must remove the outdoor storage behind the fence along West State Street. 8. Future signage must comply with the current Sign Ordinance.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR OUTDOOR STORAGE FOR PASSENGER VEHICLES IN CONJUNCTION WITH AN AUTO BODY SHOP IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 3238 WEST STATE STREET

Approval of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance or operation of the Special Use Permit will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.

2. The Special Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use shall conform to the applicable regulations of the I-1 District in which it is located.

ZBA 002-24 1505 & 1507 Kishwaukee Street

Applicant CPM Recycling Services, Inc.

Ward 11 Special Use Permit for outdoor storage of recycling overflow materials and trailer parking in an I-1, Light Industrial Zoning District

Attorney Jim Rodriguez spoke on behalf of Mario and Magaly Espinoza, owners of CPM Recycling Services, Inc. Attorney Rodriguez stated they are requesting a Special Use Permit for outdoor storage to allow for overflow material and trailer parking. The location of the property is good and conducive to the area due to the building previously being a trophy manufacturing factory. Attorney Rodriguez mentioned a condition in the staff report regarding the fence and he stated the applicant would like to use wood instead of the trex board as requested by staff. He also stated the Espinoza’s would like additional time to install the fence and the fire sprinkler issues once approved. Attorney Rodriguez stated they would like to have the time to address the conditions and still be open for operation.

One interested party was present.

11th Ward Alderman Isidro Barrios spoke on behalf of the applicants. Alderman Barrios expressed how pleased he was that the Espinoza’s had the type of business that is good for the environment which is a great service to our community.

Staff recommendation is for approval for the outdoor trailer parking and denial for the outdoor storage of recycling overflow materials.

A MOTION was made by Jennifer Spencer to APPROVE the Special Use Permit for outdoor trailer parking and DENY the outside storage of recycling overflow materials in an I-1, Light Industrial Zoning District. The motion was SECONDED by Joel Zirkle and CARRIED by a vote of 5-0.

Approval based on the following conditions:

1. Meet all applicable Building and Fire Codes.

2. Replacement of the existing chain link fence with a sight-obscuring fence made of trex board, 8-10 feet in height by September 30, 2024.

3. Submittal of a Fence Permit for Staff review and approval.

4. The outdoor storage of outside outdoor trailer parking will be limited to thirteen (13) trailers and the labeled outdoor storage areas on Exhibit D.

5. Outside storage will be limited to outside parking and vehicle storage.

6. The subject property shall not be a junk or salvage yard.

7. Preserve and maintain the landscaping that was installed as a part of the Special Use Permit for the cell tower.

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

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR OUTDOOR TRAILER PARKING IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 1505 AND 1507 KISHWAUKEE STREET

Approval of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance, or operation of the Special Use Permit will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.

2. The Special Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage, and/or necessary facilities have been, are being, or will be provided.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use shall conform to the applicable regulations of the I-1 District in which it is located.

ZBA 003-24 5529 Cunningham Road

Applicant Matt Kwiatkowski for Nexamp

Ward 13 Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an I-1, Light Industrial Zoning District

Applicant Matt Kwiatkowski and Attorney James Griffin spoke on behalf of the applicant. Attorney Griffin stated that Nexamp already owns and operates solar services in the City of Rockford. This is a 5-megawatt solar project that has been designed to meet all of the City of Rockford requirements for solar projects. Mr. Kwiatkowski stated that Nexamp is the owner and operator of the solar projects until they are decommissioned. This solar project is on the northwest corner of Springfield Avenue and Cunningham Road. The parcel size is approximately 37 acres and the project size that will be used is 24 acres. The project life will be 30-40 years and, at the end of the lease, the land will be restored back to the present use as farmland. There will be a utility savings discounted to 650 residential subscribers. There will be an increase in tax revenue going to the City of Rockford and School District 205. Carl Brobers, Engineer and Project Manager, spoke in regards to the property. The access will be off of Cunningham Road and setbacks are in compliance with City of Rockford ordinances.

No Objectors or Interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE A Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) in an I-1, Light Industrial Zoning District The motion was SECONDED by Kim Johnsen CARRIED by a vote of 5-0.

Approval based on the following conditions:

1. Meet all Building and Fire Codes.

2. Submittal of Building Permits for Staff review and approval.

3. Submittal of elevations and dimensions of the solar panels for Staff’s review and approval.

4. Submittal of Fence Permit for Staff review and approval.

5. Gravel drives are prohibited on the site.

6. Submittal of a Solar Facility Decommissioning Plan for Staff’s review and approval.

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

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR INSTALLATION OF A SOLAR FARM (FREESTANDING SOLAR PANEL RACKS AND SOLAR PANELS) IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 5529 CUNNINGHAM ROAD

Approval of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance, or operation of the Special Use Permit will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.

2. The Special Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage, and/or necessary facilities have been, are being, or will be provided.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use shall conform to the applicable regulations of the I-1 District in which it is located.

No further business to come before the board, the meeting was adjourned at 6:58 P.M.

http://rockfordcityil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2501&Inline=True