Zoning approvals and denials

The following represents, in general, the chronological order of proceedings at the City

CALL TO ORDER

Present: ZBA Members: Jennifer Smith, Tim Bragg, Craig Sockwell, Joel Zirkle, Jennifer Spencer, Tom Fabiano Absent: Kristine Geddes Staff: Scott Capovilla - Planning and Zoning Manager Jeremy Carter – Traffic & Development Engineer Anthony Cisneros - Assistant City Attorney II Michael Schnaper - Fire Prevention Traci Madison - Administrative Assistant Others: Sarah Leys – Director Community & Economic Development Kyaton Shanklin - Court Stenographer Applicants and interested parties

UNFINISHED BUSINESS

Agenda Item

ZBA 018-26 - 134 North Main Street - Applicant Oliver Emerson Development- Ward 13

ZBA 019-26 - 325 South Madison Street - Applicant Oliver Emerson Development - Ward 5

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR RESIDENTIAL UNITS ON THE GROUND FLOOR IN A C-4, URBAN MIXED-USE ZONING DISTRICT LOCATED AT 325 SOUTH MADISON STREET Approval of 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 C-4 Districts. 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-4 District in which it is located.

NEW BUSINESS

Agenda Item

ZBA 020-26 - 1232 Soper Avenue - Applicant Luis E. Perez - Ward 7

ZBA 021-26 - 210 North Longwood Street - Applicant Everardo Rodriguez - Ward 2

ZBA 022-26 - 219 South 2nd Street - Applicant Jennifer Spencer of Studio GWA for Centennial United LLC - Ward 5

ZBA 023-26 - 1660 South Mulford Road - Applicant Alsos Behavioral Health - Ward 1

ZBA 024-26 - 1010 East State Street - Applicant Tom Baclet - Ward 2

ZBA 025-26 - 3218 11th Street - Applicant Jimmy Smith - Ward 6

ZBA 027-26 - 3598 Export Road - Applicant SolAmerica Energy for Mark Mommsen -Ward 5

ZBA 026-26 - Text Amendments - Applicant City of Rockford

ADJOURNMENT

THE CITY OF ROCKFORD INTENDS TO COMPLY WITH THE INTENT AND SPIRIT OF THE AMERICANS WITH DISABILITIES ACT. IF A SIGN LANGUAGE INTERPRETER, PERSONAL P.A. SYSTEM, OR OTHER SPECIAL ACCOMMODATIONS ARE NEEDED, PLEASE CALL THE LEGAL DEPARTMENT AT (779) 348-7391 AT LEAST 48 HOURS IN ADVANCE, SO WE CAN BE PREPARED TO ASSIST YOU.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR SIX (6) RESIDENTIAL UNITS ON THE GROUND FLOOR IN A C-4, URBAN MIXED-USE ZONING DISTRICT LOCATED AT 134 NORTH MAIN STREET Approval of 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 C-4 Districts. 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-4 District in which it is located.

The meeting was called to order at 5:35 P.M. A MOTION was made by Jennifer Spencer to APPROVE the June 16, 2026 meeting minutes. The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 6-0.

FINDINGS OF FACT FOR DENIAL OF A VARIATION TO REDUCE THE SIDE YARD SETBACK FOR A COVERED PATIO FROM SIX (6) FEET TO ZERO (0) FEET IN AN R1, SINGLE FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 1232 SOPER AVENUE Denial 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 not 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 not 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 based exclusively upon a desire to increase the value or income potential of the property. 4. The alleged difficulty or hardship is not caused by this Ordinance and has 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 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 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 not comply with the spirit and intent of restrictions imposed by this Ordinance.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR BODY ART SERVICES IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT LOCATED AT 210 NORTH LONGWOOD 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 C-2 District in which it is located.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT CONSISTING OF TEN (10) APARTMENTS, A RESTAURANT AND A BANQUET HALL IN AN R-2, TWO-FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 219 SOUTH 2ND 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 does conform to the applicable regulations of the R-2 District in which it is located.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR BODY ART SERVICES IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT LOCATED AT 1010 EAST 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 C-2 District in which it is located.

FINDINGS OF FACT FOR APPROVAL OF A ZONING MAP AMENDMENT FROM R-1, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TO C-3, GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 3218 11TH STREET 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 Residential-Medium Density. FINDINGS OF FACT FOR APPROVAL OF A VARIATION TO INCREASE THE MAXIMUM ALLOWED BUSINESS IDENTIFICATION WALLS SIGNS FROM TWO (2) TO THREE (3) IN A C-3, GENERAL COMMERCIAL ZONING DISTRICT LOCATED AT 3218 11TH 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 not 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 ZONING MAP AMENDMENT FROM COUNTY AG TO CITY I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 3598 EXPORT ROAD 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 residential 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 zoning district. 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 I-Industrial and Utilities. FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR INSTALLATION OF A SOLAR FARM (FREE-STANDING SOLAR PANEL RACKS AND SOLAR PANELS) IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 3598 EXPORT 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.

Meeting adjourned at 7:28 pm