Rockford Sun

City of Rockford Zoning Board of Appeals met April 15.

Here are the minutes provided by the board:

Present:

ZBA Members:

Joel Zirkle

Jennifer Spencer

Jennifer Smith

Kim Johnsen

Craig Sockwell

Absent: Jarmeise McNeal

Tom Fabiano

Staff: Scott Capovilla - Planning and Zoning Manager

Jeremy Carter – Traffic & Development Engineer

Jacob Rubin – Assistant City Attorney

Darius Morrow – Land Use Planner

Others:

Gabrielle Torina – 5th 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, April 28, 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, May 5, 2025 5:30 PM. If the item is laid over at the ZBA meeting, the next meeting is Tuesday, May 20, 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 5:31 P.M.

A MOTION was made by Jennifer Spencer to APPROVE the March 18, 2025 meeting minutes. The motion was SECONDED by Kim Johnsen and CARRIED by a vote of 4-0-1 with Jennifer Smith abstaining.

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

Laid over from March

Trey Watts presented on behalf of the Applicant, Springfield Sign. Mr. Watts stated he represents the local Culver’s franchisee and they are requesting a variance for an exterior drive thru menu board. Mr. Watts explained this is a brand standard nationwide for Culver’s and they recently requested and received variations at the Phelps location in 2017 and the Riverside location in 2021. Mr. Watts stated the menu board is on the back side of the property screened by a fence and another commercial property. Mr. Watts explained that the current menu board is 56 square feet and over 8 feet in height so this proposal is quite a bit smaller.

Jennifer Smith asked staff if the other locations were granted variations. Scott Capovilla stated the City Council did approve the Variations.

Kim Johnsen asked if the existing board is bigger than what is being proposed. Mr. Watts stated yes, it is 10 square feet smaller and 2 feet lower.

Objectors or Interested parties were not present.

Staff recommendation is for denial.

A MOTION was made by Jennifer Spencer to APPROVE a Variation to increase the maximum allowed square footage of a drive-thru menu board from 36 square feet to 46.29 square feet and APPROVE 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. The motion was SECONDED by Joel Zirkle and CARRIED by a vote of 5-0.

FINDINGS OF FACT FOR APPROVAL INCREASE THE MAXIMUM ALLOWED SQUARE FOOTAGE OF A DRIVE-THRU MENU BOARD FROM 36 SQUARE FEET TO 46.29 SQUARE FEET IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT LOCATED AT 1224 BENINGTON ROAD

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 are 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 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 LOCATED AT 1224 BENINGTON ROAD

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 are 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.

ZBA 004-25 5866, 5884 and 5936 Columbia Parkway

Applicant Barefoot Land Company

Ward 14 Special Use Permit for residential self-storage warehouses in a C-3, General Commercial Zoning District

Nicholas Becker of RK Johnson and Brady McDonald, presented on behalf of the Applicant, Barefoot Land Company. Mr. Becker stated they are here to request a Special Use Permit for residential self-storage warehouses in a C-3, General Commercial Zoning District. He stated there are several renderings and a site plan in the packet. Mr. Becker stated this is a platted subdivision and the development will be on three (3) separate lots that will be combined via a subdivision re-plat. Mr. Becker explained there will be a small leasing office and climate controlled storage so this is not your normal storage units.

Jennifer Spencer questioned who uses these and why 641 units.

Brady McDonald stated 10% of all households in America use storage. The difference for this facility compared to the rest of the market is these are mostly climate controlled. Mr. McDonald stated the market analysis they conducted shows only 1.6 square feet per capita in the 4-mile market and even less in the 5-mile market so this is who we are targeting.

Craig Sockwell asked will there be a dumpster enclosure. Mr. McDonald stated they prefer not to have dumpster as people who clean out units would dump their unwanted goods here. The leasing office garbage will be taken to the curb in a normal garbage can on garbage day. Jennifer Smith asked if Staff was requiring a dumpster. Scott Capovilla answered no dumpster is required but if they choose to have one, they will need to submit a permit for the dumpster enclosure and the material used would need to meet the architectural integrity of the development.

Objectors or Interested parties were not present.

Staff recommendation is for approval.

A MOTION was made by Kim Johnsen to APPROVE a Special Use Permit for residential self storage warehouses in a C-3, General Commercial Zoning District. The motion was SECONDED 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’s review and approval.

3. Submittal of revised site plan that includes sidewalk along Columbia Parkway for Staff’s review and approval.

4. The property be developed as per revised site and landscaping plans.

5. Submittal of final building elevations for Staff review and approval.

6. The hours of operation shall be limited to Monday through Sunday 6:00 A.M. to 10:00 P.M. with at least one staff member on-site Monday through Sunday 8:00 A.M. to 5:00 P.M.

7. Submittal a Fence Permit with fence detail for the proposed wrought-iron fence.

8. Submittal of a Dumpster Enclosure Permit with a dumpster detail and rendering for Staff’s review and approval if any dumpster is to be placed on the site.

9. Must obtain separate permits for signage and any sign must be constructed to match building design and in accordance with plans approved by Staff.

10. No loading and unloading may occur in the front of the leasing office.

11. Large items may only be loaded and unloaded by the overhead doors of the residential self storage warehouses.

12. Outdoor storage of boats, vehicles or any other items is prohibited.

13. No outdoor auctions or sales may occur after customers are evicted or do not pick up items.

14. No outside storage of any auto parts, equipment, materials, or inoperable vehicles.

15. The three lots will need to be combined through the Winnebago County Real Estate combination form or any other formal re-plat.

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

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR RESIDENTIAL SELF-STORAGE WAREHOUSES IN A C-3, GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 5866, 5884 AND 5936 COLUMBIA PARKWAY

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 I-1 Districts.

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

5. Adequate measures 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 005-25 4075 Kilburn Avenue

Applicant Gambrel Solar, LLC for FP Development, LLC

Ward 7 Pre-annexation Agreement with a Zoning Map Amendment from County IL to City I-1, Light Industrial Zoning District with a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) for proposed Lot 2 and a Zoning Map Amendment from County IL to City C-3, General Commercial Zoning District for proposed Lot 3

Attorney Jim Rodriguez, Jon Carson, Matt Gapinski, Noah Morris and Hal Sprague of Gambrel Solar, LLC, presented on behalf of the Applicant. Attorney Rodriguez stated this request is for a development project at 4075 Kilburn Avenue and they have been working with Staff on a Pre annexation Agreement for the 30 acres in Winnebago County with zoning entitlements and subdivision of the current property. Attorney Rodriguez explained it will bring in 26 acres with a map amendment from County IL to City I-1, Light Industrial Zoning District and a Special Use Permit for the solar facility on 21 acres, and a map amendment from County IL to City C-3, General Commercial for the remaining 4 acres at Central and Kilburn. The lot for Kebby Industries will remain in the county. Attorney Rodriguez stated the Staff report recommends approval, the map amendments are consistent with the 2040 Plan and the property currently as a whole is zoned light industrial. If site stays in the county, it could transfer from agricultural to industrial at some point and could be developed into a freight terminal, a truck stop, mini warehouses, or a recycling center by simply getting a building permit. Attorney Rodriguez stated they think a solar facility is a good neighbor with very minimal traffic, minimal disruption to the neighbors and think this is an improvement of what could be get developed if it was to be developed as light industrial in the county.

Jon Carson explained Trajectory Energy Partners is an Illinois based community solar and utility scale solar developer with staff all over the state and long history of working in Rockford area with Rockford Solar on the former Horsman quarry and Rock Cut Solar off West State Street, proudly built by local union labor. Mr. Carson stated they are proud of the property tax these projects pay to local government, subscription savings that the subscribers see, giving back to the community with $100,000 given to local non-profits and creating power for 450 homes. Mr. Carson explained Rockford was chosen for its very robust electric grid created by its long industrial history, a readily available 3-phase line adjacent to this parcel. Mr. Carson said this site was chosen because its odd shape, low LESA score, and this is a transition area just outside the city limits.

Mack Gapinski stated the new site design adds a vegetative screening to the southeast at the request of neighbor, and a solid fence along the northeast portion for additional screening of the existing residence. He also stated there are existing trees for additional screening and agricultural fencing 7 feet in height, which allows small game and other animals to travel through. Mr. Gapinski said the fence would be setback 40 to 50 feet. Mr. Gapinski explained the equipment will be on concrete pads, an agricultural impact agreement is required by the state, which restricts what can be done on the property and a decommissioning bond with jurisdiction. Additionally, they will plant a pollinator friendly habitat around the solar panels.

Hal Sprague stated they send out their own letters notifying neighbors, knock on doors, have open houses, engage local community leaders and reach out to the local government entities.

Mr. Gapinski stated the project cost is $5 million with 60% going to labor. He stated the property taxes will be around $19,000 per year and residents will get the opportunity to subscribe to a portion of the output of the system and get a guaranteed discount on their electrical bill.

Mr. Carson explained the most recent study conducted by Loyola University on the effect on property actually increased values slightly with utility community sized solar systems or smaller. He also stated the study they worked on looking at toxins and leeching from solar farms because panel breakage is rare. Mr. Carson said if they do break, they can be removed quickly with little to no leeching and the panels are recyclable.

Jennifer Spencer asked if the natural boundary of trees will be kept or removed. Mr. Carson answered the corridor of trees will be staying. Ms. Spencer asked if they are actually going to do the planting/seeding of the pollinators. Mr. Carson answered yes, they are committing to the pollinators but it takes a couple years for the prairie to mature.

Kim Johnsen asked if the trees on bottom corner of land will stay. Mr. Carson said yes, the trees will remain. Attorney Rodriguez answered that the land will be C-3 general commercial and is set aside for future development.

Joel Zirkle asked why they are annexing into the city. Mr. Carson answered if you take a parcel like this to Winnebago County their first question is the city interested. He said it is always their preference to support annexation, in this case the landowner was interested in annexation and the city was interested in annexation. Attorney Rodriguez further answered the first thing the county planning director does is to reach out to Scott Capovilla and asked for his opinion on the project.

Craig Sockwell asked what type of landscaping is going along Kilburn. Mr. Carson answered the native pollinators between and underneath the panels and in the setbacks.

Jennifer Smith asked if the only access will be the southwest corner as shown on the plan. Mr. Carson answered that is correct.

Ms. Smith asked how do they make money, what does this the business look like and wondering as a community do we ever have an ability to negotiate in these deals. Mr. Carson answered the short version is they sell electricity at a discounted rate and they plan to apply for Community Driven Community Solar (State of Illinois program) that will deliver electric savings just to Winnebago County.

Ms. Smith asked if the Applicant knew when the county switched the zoning from Agriculture to Light Industrial. Attorney Rodriguez answered they did not know.

Objectors and Interested parties were present

Dan Smyth stated he is a union carpenter and former Marine who just got off work from the Byron nuclear plant. He stated that when Byron was constructed there was a lot of talk about the waste and bad stuff happening. The last five years he has worked on solar projects but he has not seen a lot of waste and it’s not a dangerous thing. Mr. Smyth said they use local unions, pay taxes and he is for this project and supports solar farms.

Mike Gallagher stated he has lived in Northwest Rockford for 60 years and he is the founder and a board member of the Northwest Christian Community Development, which formed to address the critical needs of restoration and redevelopment of all of the neighborhoods in Northwest Rockford. He affirms their support for the solar project. Mr. Gallagher stated the $5 million economic investment in the Northwest Rockford area, will use union labor, pay $19,000 in property taxes per year. Mr. Gallagher further stated this is the kind of innovative reinvestment that is necessary to create successful redevelopment of neighborhoods of Northwest Rockford and bring greater energy efficiency.

Doug Sosnowski, the property owner on which the solar farm would be built, stated he has lived in the City of Rockford all of my life and he did not start out to be a business owner but now has four buildings and 30 employees. Mr. Sosnowski explained he had been contacted by numerous companies outside of Illinois to build a solar project but refused until Trajectory approached him.

He stated they are an Illinois based company and that interested him. Mr. Sosnowski stated he has been impressed with them going to the community and getting their input. He further stated that all 4 buildings he owns use community solar, which saves you money. Mr. Sosnowski stated the pollinators are a positive for the property including being a positive for the animals.

Mark Ingham stated ugly these things are popping up all over and if anyone did their due diligence on solar, they would know these things are inefficient. If it wasn’t for the incentives and subsides, he said they will go away and it is projected that your electric bill will go 7-10% higher. Mr. Ingham explained the nuclear plant can generate power at a fraction of the cost of the solar farm and the pollinator stuff has to be burned, which they won’t do because it is under the solar panels and it will become a wildlife desert. Mr. Ingham stated the energy they produce is meniscal in comparison to what they do to the environment. He said he doesn’t like this stuff.

Tim Rauch explained his property is within 35 feet of this proposed site. Mr. Rauch said the Applicant stated it was next to the storage units but he stated it is also his residence. Mr. Rauch stated he received a letter December 5 of last year to attend a meeting. When he went there, only 4 people were in attendance so claimed they did not do much community outreach so he sent letters out to get more people to this (ZBA) meeting. Mr. Rauch stated he pays $26,000 in taxes per year and wondered how they will only pay $19,000 per year. Mr. Rauch questioned the setback of the solar facility. He stated Winnebago County said the project should be 250 feet away from residential. He also stated solar farms are only about 17-35% efficient and the rest is heat that will be thrown at his property. Mr. Rauch also questioned what this would do to property values as he feels they will go down. He feels like they are being back doored by Winnebago County and wondered about the 2040 Plan and wanted Mr. Scott (Capovilla) to respond on the setback issue.

Scott Capovilla answered the setbacks required under the industrial district are 25 feet from residentially zoned land or residential uses. Mr. Rauch stated his property is residential. Mr. Capovilla stated to Mr. Rauch that his property is zoned commercial in the County and more than likely has a Special Use Permit for the storage units.

Bob Wegner stated he is long life resident of rural Winnebago County, born and raised in the home he lives in now, and he likes the view when he travels Halsted Road or Kilburn Avenue. He stated the solar panels are ugly and not beneficial to us. Mr. Wegner explained he got online, looked at the Citizens for Responsible Solar and they state industrial solar panels should not be on Agricultural One or rural land. He said for that reason alone they should be rejected and not passed. Mr. Wegner stated a big concern is once these are put in, the decommissioning of the land will be 30-40 years so this will be permanent. He also stated the wildlife will be restricted by the fencing and the property taxes will be reduced 5-25% over time based on information according to Citizens for Responsible Solar. Mr. Wegner said he hopes and prays that the board reject this annexation.

Leann Rauch stated some of the numbers they threw out during their presentation did not make sense. She stated 480 homes powered and $40,000 per year would be saved in energy costs does not make sense. Ms. Rauch questioned the taxes, what would go to the schools is not significant, and the taxes they pay are more than what the solar farm would be paying. She stated she is not happy with this solar thing either. Mr. Rauch asked when the 2040 Plan will take affect because that is a concern of hers.

Scott Capovilla answered the 2040 Plan is a long range comprehensive plan required by State that sets out a projection of goals and objectives of the city. He stated the city reviews the plan every 5 years city. He further stated that from a land use perspective, the city designates areas where commercial, industrial and residential growth should occur along with areas that are unfit for development. Mr. Capovilla stated this land was already zoned industrial in the County and the intersection of Kilburn and Central was designated commercial. Mr. Capovilla further explained the city has the right to project out within 1.5 miles of the city limits to control any zoning or subdivision issues for good planning purposes. He stated another purpose of the Comprehensive Plan would be providing good growth of the city via public sewer and water and not septic and well developments. Septic and well development are usually detrimental to good growth and can make developments more expensive in the future.

Ms. Rauch asked what happens next and does she have to go to a county meeting to find out how the county pushes back. Mr. Capovilla answered that if the city is going to annex something, it is usually because the property owner has come to the city to request annexation. He further stated that the city doesn’t force people to come into the city; the only time the city can do that if the property is less than 60 acres in size and totally surrounded by the city.

Ross Ellison stated he was speaking against this matter. He believes this area seems to be overwhelmed with solar farms and solar applications with two (2) projects approved and two (2) denied by the county. He stated the county approved a solar farm 5151 Auburn Street last week and the term forest city has now become solar city. Mr. Ellison stated this site has been farmed for years and, if approved, will take another piece of fertile ground removed from the food chain. He believes these solar farms are unsightly and should be hidden out in the country. Mr. Ellison state the only ones coming out ahead are the property owner, the solar company and the governmental body approving it and the losers are everybody else.

Dan Jaworowski stated he lives near this proposed solar field and he feels strongly against it because it will harm the wildlife, landscaping, and does not fit the area because it is so close to the city.

Kevin Hilby stated he was here to dispute paragraph 5, line item B in planning and zoning report that says the property values in the surrounding areas will not decrease. He stated he emailed five documents today to the city with two reports done by the University of Rhode Island looking at 400,000 houses being sold over two states in 2020 and in 2023. He also stated the Lawrence Berkeley National Laboratory analyzed 1.8 million sales in six states, which came to similar conclusion that within a half-mile, property values decrease. Mr. Hilby stated developers or policy makers could give compensation to neighbors and have landscaping screening. Mr. Hilby also inquired as to why proposed lot 1 is not being annexed.

Grace Hill spoke on behalf of Get Connected, a local non-profit that has been affiliated for over a year with the community solar projects and indicated this company has a passion for the community. She recently became a subscriber and she looks forward to the advantage of the services. Ms. Hill stated that the audience has heard a lot of information tonight but Get Connected is here tonight to verbally wave their flag in support of this project.

Garrett Ingham stated he doesn’t like this and they should be proposing it in Arizona in the desert where there is no farmland and little habitat for animals. He state these people are business people not local people who are opposing this because they have grown up with the farmland, the cricket bugs, the animals, and no solar. Mr. Ingham explained this is not good for conservation and, if they were into conservation, they would plant trees. Mr. Ingham stated the Bryon nuclear plant powers 1.7 million homes everyday it would take 3,769 of these exact projects to make the same power as the nuclear plant and 97,000 acres of land. Mr. Ingham stated they will pay $19,000 in taxes but it costs more than $19,000 to send one student to RPS.

Cathy Laisure stated she represents Kebby Industries, your neighbors, and they are excellent neighbors. She stated the facility is kept immaculate, they are not a loud facility with truck traffic limited from 10:00AM to 2:00PM. Ms. Laisure stated the original owner went to West High School, is Vietnam Vet, lives at Springfield and Kilburn and has always been a proponent of Northwest Rockford and that is why he choose to build in Northwest Rockford. Ms. Laisure stated that as for their neighbors with the storage facility on Halsted, they have never had a crossword with them or any disputes. She stated the storage facility neighbors have items all over the property line spilling onto Kebby’s property and have no fencing to shield the old school buses and boats that are stored on the back of the storage facility’s property. Ms. Laisure stated that the neighbors should clean up their property before they complain or feel offended by solar panels. Ms. Laisure stated Concrete Systems, located across the street from Kebby, tore down a house, left it in disrepair and put up a couple of concrete barriers but she didn’t hear any neighbors complaint about that. Ms. Laisure stated that if Kebby did not think Trajectory was a reputable company, they would not have went into business with them.

Gabrielle Torina stated she is Alderwoman of the 5th Ward and Chair of Code and Regulation. Alderwoman Torina stated it was good to hear those for and against this project and it is her responsibility to let the Council and the community know that there is opposition against this project but for it as well.

Jon Carson explained that annexation is the policy of Winnebago County if you bring a project to them in an unincorporated area but within 1.5 miles of a municipality. He said the county’s preference is that you work with the municipality and their policy at Trajectory is to encourage the land owner to annex into the municipality. Mr. Carson handed out pictures of adjacent property with storage units being on the property line and stated there will be a setback from that property line. He indicated where the natural tree line would be left where the solid fenced would be installed. Mr. Carson also explained the preferred method is burn the prairie grass but you cannot burn the prairie under the solar panels so they would cut it every year. He also stated that solar companies are a huge proponent of nuclear plants as wind, solar, and nuclear power and their long-range storage is the future of power grid. Mr. Carson stated 81% of the new power put on the U.S. Grid in 2024 was solar.

Attorney Rodriguez asked that the board look at the objective standards. He stated when you look at the totality of the facts that have been presented tonight and you look at the area, it is a good area for solar and the information provided supports the Findings of Fact.

Mack Gapinski explained the Winnebago Farm Bureau has a threshold that they set when approving or opposing development and with a LESA score of 69, this property is below that threshold. Mr. Gapinski also stated this is an awkward piece of property with its shape and size.

Joel Zirkle stated there was mention of documents that were sent and he never saw any of those documents.

Scott Capovilla answered that the gentleman must have sent the documents to Traci Madison today and unfortunately Traci was not at work so the documents may be in her email box. Mr. Capovilla apologized as all emails received after the reports are sent out are usually printed and provided to the board prior to the meeting. Mr. Zirkle stated, personally, if it provided by someone, he would like to have an opportunity to look at it.

Jennifer Spencer stated she was inclined to deny it but struggled with the fact that it is zoned industrial and ultimately there could be a more invasive use than this. Ms. Spencer didn’t want to see habitat disturbed but under an industrial permit the use could be more invasive.

Mr. Zirkle stated that solar has its place and is best suited for brownfield sites. Mr. Zirkle stated this is a state highway so it is more visible and a gateway into the community so you want it to be visibly pleasing. He feels there has been a lot information thrown at him and he wanted to make a motion to lay this over.

Craig Sockwell stated he agreed with both Ms. Spencer and Mr. Zirkle. Mr. Sockwell said he understands the people that live in the county. He said he doesn’t mind solar and doesn’t mind looking at it and he is fine with a layover.

Staff recommendation is for approval.

A MOTION was made by Joel Zirkle to LAYOVER a Pre-annexation Agreement with a Zoning Map Amendment from County IL to City I-1, Light Industrial Zoning District with a Special Use Permit for the installation of a solar farm (freestanding solar panel racks and solar panels) for proposed Lot 2 and a Zoning Map Amendment from County IL to City C-3, General Commercial Zoning District for proposed Lot 3 The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 4-1 with Jennifer Smith voting nay.

ZBA 006-25 3155 McFarland Road

Applicant Woodman’s Food Market, Inc.

Ward 4 Variation to increase the maximum permitted number of business identification wall signs from two (2) to four (4) business identification wall sign in a C-2, Limited Commercial Zoning District

Jim Arneson, presented on behalf of the Applicant, Woodman’s Food Market, Inc. Mr. Arneson stated Woodman’s is doing some remodeling to the building exterior and interior, adding an addition, moving the on-line business over to the parcel pick area. They want to improve the signage on the building, which is the original painted signage. Jim explained Woodman’s no longer uses this signage for their branding and is looking to replace the three (3) wall signs with new branding signage and add a new sign over the parcel pick-up to identify their online ordering system Shop Woodman’s. Mr. Arneson stated Woodman’s received a Variation for three (3) wall signs in lieu of installing a ground sign back in 2001 and they are asking for a variation to add a fourth sign to identify the Shop Woodman’s.com business.

Scott Capovilla stated that this is a facility that is nearly 224,000 square feet and is a single user building which is why staff was endorsing this request. Mr. Capovilla further stated that there are 25,000 square feet strip centers that have more signage than what Woodman’s is proposing so it makes sense from the mass and size of the building to allow the variation. Craig Sockwell asked if they have a landmark sign and Mr. Capovilla stated no.

Objectors or Interested parties were not present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVAL a Variation to increase the maximum permitted number of business identification wall signs from two (2) to four (4) business identification wall sign in a C-2, Limited Commercial Zoning District. The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 5-0.

Approval based on the following conditions:

1. Submittal of sign permits with sign elevations.

2. The four wall signs are permitted in lieu of having any freestanding signs.

FINDINGS OF FACT FOR APPROVAL TO INCREASE THE MAXIMUM PERMITTED BUSINESS IDENTIFICATION WALL SIGNS FROM TWO (2) TO FOUR (4) BUSINESS IDENTIFICATION WALL SIGN IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT LOCATED AT 3155 MCFARLAND ROAD

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 are 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.

ZBA 007-25 2612 Pamela Avenue and 2760 22nd Street

Applicant DPI Construction, Inc.

Ward 8 Special Use Permit for outdoor storage of contractor equipment and material (Future Ward 6) and a Variation to allow a gravel storage lot in an I-1, Light Industrial Zoning District

The Applicant, Ryan Hathaway of DPI Construction, stated they bought a vacant lot on Pamela and 22nd from Bob’s Hardware. Mr. Hathaway stated they do commercial construction and perform a lot of work for the city. He said they bought the property to make themselves more available for emergency city services and wish to have a lay down yard for their equipment. He stated they would install a privacy fence to screen the street sides and install chain-link along the creek. Mr. Hathaway said they would install an asphalt driveway into the site and install sidewalks on Pamela Avenue and 22nd Street.

Craig Sockwell asked how much equipment they have and what types. Mr. Hathaway stated there will be 10 back hoes and 3 dump trucks and they will be placing that equipment on gravel/recycled asphalt. He also stated this is not a 24-hour operation unless there is an emergency.

Objectors or Interested parties were not present.

Staff recommendation is for approval.

A MOTION was made by Kim Johnsen to APPROVAL for a Special Use Permit for outdoor storage of contractor equipment and material and APPROVAL for a Variation to allow a gravel storage lot in an I-1, Light Industrial Zoning District. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 5-0.

Approval based on the following conditions:

1. Submittal of a detail landscaping plan for Staff’s review and approval.

2. Submittal of a Parking lot permit for site improvements for staff’s review and approval.

3. Submittal of a fence permit for Staff’s review and approval.

4. Signage must comply with the current Sign Ordinance and may not be placed on the proposed fencing.

5. Submittal of a Stormwater Management Plan and Erosion Control Plan to the Public Works Department prior to site development.

6. If lighting is proposed, an illumination plan will be required including a cutoff sheet for light fixtures.

7. No outside storage of inoperable vehicles.

8. These lots will need to be combined through the Winnebago County Real Estate combination form.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR OUTDOOR STORAGE FOR OUTDOOR STORAGE FOR CONTRACTOR EQUIPMENT AND MATERIAL IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 2612 PAMELA AVENUE AND 2760 22ND 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 taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

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

FINDINGS OF FACT FOR APPROVAL OF A VARIATION TO ALLOW A GRAVEL STORAGE LOT IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 2612 PAMELA AVENUE AND 2760 22ND 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 are 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.

ZBA 008-25 Text Amendment

Applicant City of Rockford

Text Amendment for Article 50-003, Off-street parking ratios and Article 91-002 Accessory Use

50-003-G. Electric Vehicle Charging Stations (EVCS)

Parking spaces that are specifically designated for EVCS shall be counted towards the minimum number of off street parking space requirements.

91-002-I. Electric Vehicle (EV) Charging Stations

a) Single family Residential – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use. EVCS shall be located within a garage or on the interior side of the rear elevation of the structure.

b) Multi-Family Residential – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use.

c) All other Zoning Districts – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use within any parking lot or parking structure in all zoning districts.

Scott Capovilla, Planning and Zoning Manager for the City of Rockford, explained the Zoning Officer has to make Determinations sometimes regarding things that are not covered in our zoning ordinance so when it came to off street parking ratios and charging stations he ruled that the charging stations are an accessory use to the property whether it’s residential, commercial, or industrial. Mr. Capovilla also stated any designated charging space would be counted towards the total parking required for the site. He stated that this amendment would codify his decision as the Zoning Officer. Mr. Capovilla further stated that the City is participating in the Mayor’s Metropolitan Caucus for EV ready cities and this amendment would help support EV readiness and help the City obtain Bronze status.

Objectors or Interested parties were not present.

Joel Zirkle questioned what would happen if a non-EV parked in a designated charging space. Jeremy Carter stated this is more of a zoning issue related to parking enforcement spaces but in city owned lots staff is looking to make changes that could also be could be used in private sector parking lots to make non-EV parking in EV parking spaces a ticketed offense. Jennifer Smith stated the difference is the business owner is committed with investment in the EV charging stations as this not free to them but she appreciate the concern raised by Mr. Zirkle.

Staff recommendation is for approval.

A MOTION was made by Kim Johnsen to APPROVAL of Text Amendment of the City of Rockford Zoning Ordinance to ARTICLE 50-003 OFF-STREET PARKING RATIOS - ARTICLE 50-003-G. ELECTRIC VEHICLE CHARGING STATIONS (EVCS) Parking spaces that are specifically designated for EVCS shall be counted towards the minimum number of off street parking space requirements; and, ARTICLE 91-002 ACCESSORY USE – ARTICLE 91- 002-I. ELECTRIC VEHICLE (EV) CHARGING STATIONS. (a) Single Family Residential – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use. EVCS shall be located within a garage or on the interior side of the rear elevation of the structure, (b) Multi Family Residential – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use, (c) All other Zoning Districts – Electric Vehicle Charging Stations (EVCS) are permitted as an accessory use within any parking lot or parking structure in all zoning districts. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 5-0.

Meeting adjourned at 8:10 pm

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