Rockford City Mayor Tom McNamara | City of Rockford Website
Rockford City Mayor Tom McNamara | City of Rockford Website
City of Rockford Zoning Board of Appeals met Sept. 20.
Here are the minutes provided by the board:
Present:
ZBA Members:
Tom Fabiano
Jennifer Smith
Joel Zirkle
Jennifer Spencer
Jarmeise McNeal
Absent Craig Sockwell
Kim Johnsen
Staff: Scott Capovilla - Planning and Zoning Manager
Jeremy Carter – Traffic & Development Engineer
Jacob Rubin – Assistant City Attorney
Tim Morris – Fire Prevention
Traci Madison – Administrative Assistant
Others:
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 court reporter.
∙ 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, August 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, September 3, 2024. If the item is laid over at the ZBA meeting, the next meeting is Tuesday, September 17, 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 5:35 P.M.
A MOTION was made Jennifer Spencer to APPROVE the July 16, 2024 meeting minutes. The motion was SECONDED by Tom Fabiano and CARRIED by a vote of 4-0-1 with Jarmeise McNeal abstaining.
ZBA 037-24 6219 Forest Hills Road
Applicant Providence Orthodox Presbyterian Church/Fairhaven Christian Retirement Center Ward 4 Special Use Permit for a church and church related uses in an R-3, Multi-family Residential Zoning District
Jeff Hilden was present on behalf of the Applicant, Fairhaven Christian Retirement Center, and stated they are requesting a Special Use Permit for 6219 Forest Hills Road. The property was originally built as a church and the church sold the property to a fraternity group, The Odd Fellows. The fraternity owned the property for a number years and then sold it to Fairhaven Christian Retirement Center. The property has not been used by Fairhaven since their purchase. Mr. Hilden said Providence Orthodox Presbyterian Church is interested in renting the property for its original use as a church. The church would host Sunday morning service 9:30 AM to 12:30 PM and Sunday evening service 6:00 PM to 8:00 PM.
No objectors or interested parties were present.
Staff recommendation is for approval.
A MOTION was made by Tom Fabiano to APPROVE a Special Use Permit for a church and church related uses in an R-3, Multi-family Residential Zoning District. The motion was SECONDED by Jarmeise McNeal and CARRIED by a vote of 5-0.
Approval based on the following conditions:
1. Meet all Applicable Building and Fire codes.
2. Seal coat and restripe the parking lot so the parking spaces are visible and meet code.
3. Must provide maintenance to existing landscape units to include adequate watering, pruning, mowing, and removal of litter not only of the owner’s property, but also the area between the property line and the street curb or edge of pavement.
4. Remove the abandoned freestanding sign along Forest Hills Road.
5. Future signage must comply with current sign ordinance.
FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR A CHURCH AND CHURCH RELATED USES IN AN R-3, MULTI-FAMILY RESIDENTIAL DISTRICT LOCATED AT 6219 FOREST HILLS 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 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 R-3 District in which it is located.
ZBA 039-24 44XX and 4430 Manchester Drive Suite G1
Applicant Shane Pease for Risen Tattoo Studio
Ward 14 Special Use Permit for body art services in a C-3, General Commercial Zoning District
The Applicant, Shane Pease, was present. Mr. Pease is requesting a Special Use Permit to down size his current tattoo business with the same landlord in a smaller unit. Mr. Pease stated he requested a Special Use Permit 5 years ago and was approved. He has received a number of awards, worked with prominent people in Rockford as a tattoo artist and has been featured on the news numerous times.
One interested party was present.
Charles Cocoma is the owner of Lloyd Hearing Aide. Mr. Cocoma stated that his property is adjacent to Mr. Pease’s property on Manchester Drive and he has concerns with vandalism, the area being over statured with tattoo parlors and the people who will patronize Mr. Pease’s tattoo shop. Mr. Pease agreed with Mr. Cocoma’s statement regarding a lot of tattoo shops in an area. Mr. Pease said the clients he provide services to are lawyers, police officers, fire fighters, has a mature clientele, and with his prices being expensive this helps gage the clients he serve.
Jennifer Spencer asked staff if there is a limited amount of tattoo shops in an area. Planning & Zoning Manager, Scott Capovilla, stated that is the reason for the Special Use Permit process. Mr. Capovilla stated he was not sure where Mr. Cocoma got his information from that there are seven tattoo shops within a mile of his property. Mr. Capovilla said 3 were identified by staff within a mile and half with two being approved by the board in the last ten years. Assistant City Attorney, Jacob Rubin, stated that there is not an increase in the number of shops as this shop is closing and reopening across the parking lot.
Staff recommendation is for approval.
A MOTION was made by Jarmeise McNeal to APPROVE a Special Use Permit for body art services in a C-3, General Commercial Zoning District. The motion was SECONDED by Jennifer Spencer and 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 a business plan including day and hours of operation for Staff review and approval.
4. Window display signage is limited to 20% of window area.
5. The windows shall not be covered with bars or other devices that block the windows.
6. There shall not be temporary exterior signage.
7. The existing tattoo business must be closed prior to the opening of the new business.
8. All conditions must be met prior to establishment of use.
FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR BODY ART SERVICES IN A C-3, GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 4430 MANCHESTER DRIVE SUITE G1
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 C-3 District in which it is located.
ZBA 040-24 4747 Harrison Avenue
Applicant Engie Distributed Renewables for Collins Aerospace
Ward 14 Modification of Special Use Permit #053-22 for the installation and expansion of a solar farm (free-standing solar panel racks and solar panels) in an I-1, Light Industrial Zoning District
Monica Michareune was present. Ms. Michareune spoke on behalf of Engie Distributed Renewables for Collins Aerospace and is requesting a Special Use Permit for a 1.5 megawatt solar system installation and expansion. The current array is in the southwest corner of the property and this would continue the array to the east.
No objectors or interested parties were present.
Staff recommendation is for approval.
A MOTION was made by Jennifer Spencer to APPROVE a Modification of Special Use Permit #053-22 for the installation and expansion of a solar farm (free-standing solar panel racks and solar panels) 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 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’s review and approval.
5. All conditions must be met prior to establishment of use.
FINDINGS OF FACT FOR APPROVAL OF A MODIFICATION OF SPECIAL USE PERMIT #053-22 FOR THE INSTALLATION AND EXPANSION OF A SOLAR FARM (FREE-STANDING SOLAR PANEL RACKS AND SOLAR PANELS) IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 4747 HARRISON AVENUE
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, Light Industrial Zoning District in which it is located.
ZBA 041-24 2501 Charles Street
Applicant Joseph Goken for Rockford Youth, LLC
Ward 10 Special Use Permit for a Planned Unit Development for a youth community center with meeting rooms and youth social activities with a future gymnasium in a C-2, Limited Commercial Zoning District and I-1, Light Industrial District
Executive Director for Stateline Youth for Christ, Haddon Anderson, and 1919 Architect, Zach Enderle, were present. Mr. Anderson stated they are proposing to build a youth center at 2501 Charles Street. This location is in close proximity to East High School and Lincoln Middle School to attract the high volume of youth between the two schools to have access to the youth center. With transportation being a challenge, this location would be in walking distance from both schools and also the surrounding neighborhoods. Mr. Enderle said they are proposing to tear down over half of the building that is in disrepair on Charles Street and replace it with a future gymnasium which will be the second phase of the project. Phase one will consist of converting the existing warehouse into the main youth center. Donors have committed funds to building the gymnasium. Jennifer Smith asked if office space for staff will be included in this plan. Mr. Enderle said it will house staff. Mr. Capovilla read an email from10th Ward Alderman Frank Beach stating his full support for this project.
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 a Planned Unit Development for a youth community center with meeting rooms and youth social activities with a future gymnasium in a C-2, Limited Commercial Zoning District and I-1, Light Industrial District. The motion was SECONDED by Jarmeise McNeal and CARRIED by a vote of 5-0
Approval based on the following conditions:
1. Meet all Applicable Building and Fire codes.
2. Submittal of revised landscape plan for staff’s review and approval.
3. Submittal of building elevations for staff’s review and approval.
4. Signage must comply with current sign ordinance.
5. The addition of any future uses will be evaluated by the Zoning Officer for compliance with the Special Use Permit and may require a modification of Special Use Permit.
6. The Dumpster Enclosure should be constructed of material consistent the main building.
7. Portions of the subject property are located within the floodplain and the Applicant will need to work with the Department of Public Works for compliance.
FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR A YOUTH COMMUNITY CENTER WITH MEETING ROOMS AND YOUTH SOCIAL ACTIVITIES WITH A FUTURE GYMNASIUM IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT AND I-1, LIGHT INDUSTRIAL ZONING LOCATED AT 2501 CHARLES 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 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 C-2 and I-1 District and conditions of approval.
ZBA 042-24 2603 Kilburn Avenue
Applicant Joe Anderson for Mark’s Tree Care
Ward 7 Modification of Special Use Permit #067-96 and #058-98 to build a new equipment storage facility for the storage of vehicles, tree maintenance equipment, and trailers in a C-2, Limited Commercial and R-1, Single-family Residential Zoning Districts.
The Applicant, Joe Anderson, and Mark Ingham, owner of Mark’s Tree Care, were present. Mr. Anderson stated Mr. Ingham is the owner of the property at 2603 Kilburn Avenue. There is an existing Special Use Permit to allow outdoor storage of vehicles and equipment and the request for a modification is to build a new storage facility. Ms. Smith asked if they were in agreement with staff recommendations. Mr. Anderson answered, yes, with the exception of condition number eight and ten. Condition number 10 is regarding signage. Mr. Ingham is requesting to keep the current sign. He believes that changing to a monument sign would block the view at the intersection and there is not enough room on the property for a monument sign. Mr. Anderson said condition number eight already has an existing maintenance access agreement for City access. Mr. Capovilla spoke to condition number eight regarding deeding the drainage easement to the City. He stated this has a more modern easement therefore condition eight could be eliminated. Jeremy Carter, Traffic & Development Engineer agreed. Mr. Ingham stated he would like to have the new facility next to his existing building and asked the board to consider approval of this request. Ms. Spencer spoke on the request for the signage and said to stay consistent with the City of Rockford’s ordinance it would be difficult to approve. Board members also discussed the unique character of the sign and that there are very few rotating signs within the City.
No objectors or interested parties were present.
Staff recommendation is for approval.
A MOTION was made by Joel Zirkle to APPROVE a Modification of Special Use Permit #067-96 and #058-98 to build a new equipment storage facility for the storage of vehicles, tree maintenance equipment, and trailers in a C-2, Limited Commercial and R-1, Single-family Residential Zoning Districts subject to eliminating conditions number eight and number ten. The motion was SECONDED by Jennifer Spencer and 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 a revised landscape plan that includes a Type A Buffer along Kilburn Avenue and building foundation landscaping south and west of the building with plant species and sizes for Staff’s review and approval.
4. Submittal of Fence Permit with fence details and rendering for Staff’s review and approval.
5. Submittal of Dumpster Enclosure Permit with dumpster detail and rendering for staff’s review and approval.
6. Submittal of a Photometric Plan with foot-candle readings to the property lines and cut sheets for any exterior lighting for Staff’s review and approval.
7. Submittal of a business plan including day and hours of operation for Staff review and approval.
8. Must develop building elevations in accordance with Exhibits J and K.
9. Must obtain separate permits for signage and sign must be constructed to match building design and in accordance with submitted sign elevations.
10. Must develop site in accordance with revised civil and landscaping plans approved by Staff.
11. No outside storage of any auto parts, equipment, materials, or inoperable vehicles.
12. All conditions must be met prior to establishment of use.
FINDINGS OF FACT FOR APPROVAL OF A MODIFICATION OF SPECIAL USE PERMIT #067-96 AND #058-98 TO BUILD A NEW EQUIPMENT STORAGE FACILITY FOR THE STORAGE OF VEHICLES, TREE MAINTENANCE EQUIPMENT, AND TRAILERS IN A C-2, LIMITED COMMERCIAL AND R-1, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS LOCATED AT 2603 KILBURN AVENUE
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 C-2 Limited Commercial Zoning District and R-1, Single-family Residential Zoning District in which it is located.
No further business to come before the board, the meeting was adjourned at 6:08 P.M.
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