Rockford Sun

City of Rockford Zoning Board of Appeals met March 18.

Here are the minutes provided by the board:

Present:

ZBA Members:

Joel Zirkle

Jennifer Spencer

Jarmeise McNeal

Tom Fabiano

Kim Johnsen

Craig Sockwell

Absent: Jennifer Smith

Staff: Scott Capovilla - Planning and Zoning Manager

Jeremy Carter – Traffic & Development Engineer

Jacob Rubin – Assistant City Attorney

Traci Madison - Administrative Assistant

Others:

Gabrielle Torina – 5th Ward Alderman

Brianna Bramlett - 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, March 24, 2025 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, April 7, 2025 5:30 PM. If the item is laid over at the ZBA meeting, the next meeting is Tuesday, April 15, 2025. 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 5:39 P.M.

A MOTION was made by Craig Sockwell to APPROVE the February 19, 2025 meeting minutes. The motion was SECONDED by Tom Fabiano and CARRIED by a vote of 4-2 with Jennifer Spencer and Joel Zirkle abstaining.

ZBA 001-25 4620, 4636, 4641, 4642, 4650, 4664, 4665, 4676, 4679 and 4680 Ashby Trail

Applicant Joseph Marino/Marino Realty, LLC

Ward 14

Zoning Map Amendment from C-2, Limited Commercial Zoning District to R-3, Multi-family Residential Zoning District

Engineer Nicholas Becker of R.K. Johnson presented on behalf of Marino Realty. Mr. Becker stated this is an existing subdivision called Arbor Heights. The north half is zoned commercial and the south area is zoned residential. The lack of demand for commercial development on the current demand for residential housing is the reason for the zoning map amendment request. The approval of this request would change the entire subdivision to multifamily residential and provide the ability to construct multifamily housing on this site.

No Objectors or Interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE a Zoning Map Amendment from C-2, Limited Commercial Zoning District to R-3, Multi-family Residential Zoning District. The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 6-0.

Approval based on the following conditions:

1) Amending the annexation agreement to align the new building elevations and materials with the conditions of the agreement.

2) A re-plat of Plat No. 1 of Arbor Heights Subdivision shall be filed so the adjusted lot lines coincide with the proposed building footprint and required parking. The plat shall be called Plat No. 2 of Arbor Heights.

FINDINGS OF FACT FOR APPROVAL OF A ZONING MAP AMENDMENTFROM C-2, LIMITED COMMERCIAL ZONING DISTRICT TO R-3, MULTI-FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 4620, 4636, 4641, 4642, 4650, 4664, 4665, 4676, 4679 AND 4680 ASHBY TRAIL

Approval of this Zoning Map Amendment is based upon the following findings:

1) The proposed Zoning Map change is consistent with Article II, Intent and Purpose, of the Rockford Zoning Ordinance for the following reasons:

a. This proposal promotes the health, safety, comfort, convenience, morals and general welfare for the citizens of Rockford because it is consistent with the comprehensive plan and surrounding uses;

b. This proposal protects the character, scale and stability of the adjacent residential and commercial because the proposed development will meet all development requirements of this site; and

c. The proposed map amendment would allow for a reasonable development to take place consistent with the surrounding neighborhood.

2) The proposed Zoning Map Amendment is consistent with the approved general plan, the Year 2040 Plan, for the area. The 2040 Plan designates this property as RM, Medium Residential.

ZBA 002-25 5505 East State Street

Applicant 5505 East State, LLC

Ward 14

Special Use Permit for a drive-through restaurant and a Variation to allow development as per submitted site plan and a Special Use Permit for an off premise sign in a C-2, Limited Commercial Zoning District

Attorney Cassandra Crandall presented on behalf of the Applicant, 5505 East State Street, LLC. Attorney Crandall stated this request is for a Special Use Permit for a drive-through restaurant, a Variation to allow development per the site plan and a Special Use Permit for an off premise sign. She stated a portion of the parking lot will be transformed to a Chipotle restaurant. Attorney Crandall stated she reviewed staff’s recommendation and the conditions of approval and agreed with the exception of conditions number three, four and seven. Attorney Crandall is requesting to keep the dumpster location and add additional landscaping to meet the City of Rockford ordinance. Attorney Crandall also asked for flexibility with the signage requirements. Attorney Crandall asked for clarification of what staff is requiring regarding the sidewalk condition. Jennifer Spencer asked staff to explain their position on the conditions. Scott Capovilla, Planning and Zoning Manager, responded that with the redevelopment of this site, the Applicant was requesting some major variations to the ordinance. He stated that Staff requested the conditions for this development to offsite the variation requests, bring the property closer to compliance with the current ordinance and provide some much needed design standards to this area.

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 a drive-through restaurant and a Variation to allow development as per submitted site plan and a Special Use Permit for an off-premise sign in a C-2, Limited Commercial Zoning District. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 6-0.

Approval based on the following conditions:

1. Must meet all applicable Building and Fire codes.

2. Submittal of a detailed landscape plan including replacement of dead landscaping for Staff’s review and approval.

3. Submittal of a dumpster permit and different location for the dumpster enclosure for Staff’s review and approval. Dumpster enclosure must be made of material similar to or match the material of the proposed restaurant.

4. Removal of the nonconforming pylon sign and submittal of a sign permit for Staff’s review and approval for a landmark style sign that meets the current sign ordinance for the off premise sign.

5. Any future signage within the center must comply with current code. 6. Submittal of a final plat of subdivision for Staff review and approval prior to issuance of a building permit.

7. Installation of sidewalk along East State Street to connect the gap of sidewalk to Arnold Avenue by August 1, 2025.

8. Removal of the nonconforming entrance signage at the corner of East State Street and Arnold Avenue and removal of the nonconforming exit signage at the shopping center entrance at Arnold Avenue.

9. Must comply with FEMA requirements for the building and site development.

ZBA 003-25 1224 Benington Road

Applicant Springfield Sign for DJ Properties, LLC

Ward 12

Variation to increase the maximum allowed square footage of a drive-thru menu board from 36 square feet to 46.29 square feet and a Variation to increase the maximum allowed height of drive-thru menu board from 6 feet to 6 feet and 3.75 inches in a C-2, Limited Commercial Zoning District

Prior to the meeting, the Applicant requested a layover.

A MOTION was made by Tom Fabiano to LAYOVER a Special Use Permit for a drive-through restaurant and a Variation to allow development as per submitted site plan and a Special Use Permit for an off-premise sign in a C-2, Limited Commercial Zoning District. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 6-0.

Meeting adjourned at 6:06 pm

http://rockfordcityil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2735&Inline=True