DOCKET NO. 12-04: RED’S GARDEN CENTER - 3460 DUNDEE ROAD. First Public Hearing. an Application by Red’s Garden Center, Inc., as Lessee of the Property Commonly Known as 3460 Dundee Road, for the Purpose Of: (A) a Zoning Code Text Amendment to Allow Establish a New Village SIC Code Use “Retail Nurseries, Lawn and Garden Supply Stores with Open Yards and a Landscape Waste Transfer Station” as a Special Permit Use in the C-2 Neighborhood Commercial District; (B) Special Permit Approval to Allow a Retail Nurseries, Lawn and Garden Supply Stores with Open Yards and a Landscape Waste Transfer Station on the Subject Property; and (C) Approval of a Site Plan and Any Such Relief as May be Necessary.

D. Schoon presented. The Board has reviewed this proposal twice. On Jan 24, 2012, the Board determined a text amendment was necessary, and therefore the matter was referred to the Plan Commission. Amending the zoning code would apply to all C-2 Zoning districts. Please note that a number of letters and emails have been received and are in the packet.

The proposed facility will accept leaves, brush, grass clippings, and other yard waste. It will have a one way drop-off drive through Red’s property. Drop-off times are proposed for between 7 am and 4:30 pm Monday through Saturday. Removal of the waste will occur between 8 am and 5 pm Monday through Friday and 9 am and 5 pm on Saturdays. Materials would be on site only during this time period.

The applicant agree to a number of conditions during the Board review process, including:

· Size of area,

· Height of cover,

· Odor control, if needed,

· Securing IEPA permits, and

· Complying with all Village nuisance ordinances.

The Board brought up the need for ongoing review, and the potential to repeal, as program is initiated. Specific areas of concern include:

· increased traffic to the area,

· potential noise pollution,

· potential increase in pests,

· and other public health concerns.

Staff has reviewed the proposal and recommended signs to direct truck deliveries.

Transfer station staff will be trained not to accept undesirable materials, including those with offensive odors. Materials will be onsite for no more than 12 hours.

The Applicant provided information from their Pest Control provider indicating this is not a concern.

A noise study submitted by the Applicant indicated that there would be no discernible increase in noise, based on a simulation of the drop-off operation.

Related to public health, the Illinois Environmental Protection Agency differentiates between landscape waste transfer facilities and compost facilities. Compost facilities must meet additional requirements. The Petitioner’s packet materials include letters of support which address these concerns. Furthermore the Applicant feels the landscape transfer station will be similar to current onsite activities.

Two issues for Plan Commission members to consider:

· Is text amendment appropriate?

· Is it appropriate to issue a special permit and amend the restrictive covenant? Are there any necessary operational limitations?

Member Pepoon asked about the packet letter from a citizen regarding concerns about the proper legal notice for this hearing. D. Schoon responded that the Village Attorney reviewed the materials, and everything is in order.

Member Franklin inquired what happens if it is 5 pm and the materials have not been picked up. D. Schoon replied that the Applicant would be in violation of the special permit.

Petitioners were sworn in.

Mr. Carl Kupfer, of IG Consulting, 300 Marquardt Drive, Wheeling, presented. He is accompanied by the General Manager of Red’s Garden Center, a representative from New Earth Composting, and a realtor from Cornerstone Commercial Group. Mr. Kupfer is a professional engineer with years of experience related to land management and yard waste. Mr. Kupfer provided a summary of Red’s history in the community. They opened for business in 1968 and have expanded over the years. Their facility predates the majority of development in the area.

The Manager of Red’s, Mr. Jeff Sibley, addressed the Commission. He has worked at Red’s since 1994. Red’s is a strong community member, contributing to the Northbrook Park District and other community efforts. They help beautify Northbrook and meet local needs for landscaping products.

Mr. Kupfer explained why landscape waste needs to be collected and transferred. The IL State Legislature passed a law in 1992 requiring residual landscape waste to be kept out of landfills. He explained the proposal serves an unmet community need, and saves time, fuel and work hours for contractors who now have to drive 5 to 15 miles from Northbrook to drop landscape waste. Also, the proposal increases potential for landscape product sales in Northbrook, and increases Village tax revenues on those purchases.

Mr. Kupfer continued. The transfer station is a concrete block enclosure, similar to the one at the Village’s Public Works Center on Huehl Road. Drop-off traffic will move through Red’s property in one direction.

Mr. Mike Mier, from New Earth Compost, spoke. Mr. Mier explained that they would be training staff to handle drop-offs, including what to do if a landscaper tries to drop-off smelly waste or garbage. His company will handle the transfer trucks that will take materials to the compost facility. Their company has a large fleet and can cover for a broken down truck. Also, Red’s could truck materials to them if needed. They will also deliver materials to Red’s for sale, as now one company will be delivering and removing materials. They will compost materials at their Waukegan site, using encapsulated composting.

Mr. Sibley continued that Red’s currently has a roll-off dumpster that collects yard waste. It is only emptied when full, not on a daily basis.

Mr. Kupfer indicated that the packet materials provide additional support related to amending the zoning code text and responding to concerns. This overlaps with special permit criteria. They are not requesting any variances. Staff reports conformance with the Zoning Code. The Petitioner agrees to terminate the proposed use if and when the property is redeveloped pursuant to the Comprehensive Plan NE-2 designation.

Mr. Kupfer continued that the traffic impacts would be negligible. The traffic analysis report shows the current traffic at Huehl and Dundee Roads operates at the highest level of “Service A” under the existing conditions. The Village Engineer considers the traffic increase to be minimal. The Fire Department does not have concerns. The pavement on Huehl Road is designed to handle heavy industrial traffic.

Mr. Kupfer added that the noise impact study showed no discernible difference in sound levels at adjacent residential rear property lines. The sound levels from proposed activity comply with the Village’s Noise Pollution Code limits. No audible truck back-up alarms will be allowed onsite.

Related to public health, the accumulation and transfer of landscape residuals does not present a human health risk. The IEPA permits and regulates transfer stations and deems them safe from a public health standpoint. Professor Wander, from the University of IL at Urbana-Champaign’s Department of Natural Resources and Environmental Sciences enthusiastically supports the proposal. Furthermore, Mr. Robert Moore, an organics recycling consultant, addressed these concerns in the packet. Mr. Kupfer continued with the example from the Village of Arlington Heights recently adopting an ordinance to allow larger scale on-lot residential composting, having determined no human health risks from yard waste.

Mr. Kupfer added that Rose Pest Control Solutions supports the proposal, and that the drop-off bin should not increase pests in the area. He also reiterated the odor control plan and added that the odor control product is IEPA approved and 100% safe, natural and biodegradable. The collection bin can be covered if need.

The Petitioner continued that their proposal should not decrease neighboring property values, according to the Cornerstone Commercial Partners study in the packet. They have provided a market study showing that Reds’ has not previously had a negative impact on property values in surrounding areas. They feel the addition of a transfer station should not impact this.

Member Melnick inquired what percentage of increased business does Red’s expect? Mr. Kupfer replied approximately 25%. Member Melnick asked how much training will staff receive and how often will it be available. Mr. K explained that training will be 3 to 4 days, with continued monitoring onsite. Also, new employees will receive training.

Member Elisco asked, if on a late summer day, if a customer comes by at 4:45 pm, what will happen? Mr. Kupfer indicated that client will be turned away. Member Elisco inquired about the potential for 6 trucks to show up at once, resulting in traffic backing up on Huehl Road. Mr. Kupfer responded that a drop-off can be done every 5-7 minutes, so there should not be a lot of back-up. Chairman Silverman asked for clarification, if a load is unsatisfactory, wouldn’t there be a longer back-up? Mr. Kupfer replied yes, but it would be a small fraction of loads. Most will be repeat customers, which minimizes this concern. Member Elisco asked how much mulch and compost is currently onsite? Mr. Kupfer replied that the compost onsite is finished compost, which is neutral. Mr. Sibley added that they have a bin of 75 cubic yard bin of compost, and also bins for various grades of mulches.

Member Franklin inquired what would happen if Red’s accepts a load that New Earth will not pick-up? The New Earth representative indicated they would handle all materials collected offsite.

Member Henning asked if any landscaper can use the site. Could a list of approved landscapers be developed to limit use? Mr. Kupfer replied there might be some occasional landscapers. Member Henning followed up, could drop-offs be scheduled? Mr. Kupfer indicated this is possible. Member Henning inquired if New Earth has a similar relationship in any other neighboring communities? Mr. Kupfer responded that this is New Earth’s first relationship of this type, but this is not unusual for the type of service they provide. Member Henning asked for additional details about pick-up. Mr. Kupfer explained that the bin will be swept out at end of each day.

Member Cyphers questioned how compliance will be monitored for yard waste quality and non-usage of back-up alarms? Mr. Kupfer replied that Red’s has a proven track record with yard management, and there will be load checkers who collect fees and stand-by during the process. Member Cyphers asked about the tarp that might be used to cover the bin. Is there is a potential for seepage if there is a sudden rain? Mr. Sibley responded that an employee is always out in the yard monitoring the weather and conditions onsite. Also they currently use a tarp over their top soil, and as soon as rain threatens, the topsoil is covered. The waste transfer bin would be treated the same way.

Member Pepoon asked how many properties a typical truck services before needing to drop-off? Mr. Kupfer explained typically 3-4 yards. Member Pepoon followed-up by asking if anyone can drop off. Mr. Kupfer replied yes, even private individuals who pay the fee. Pick-ups will increase in autumn for leaves. Member Pepoon asked what if rodents become a problem?

They have a plan in place, says Mr. Kupfer, using Rose Pest Control. Member Pepoon continued by asking if the waste is mostly loose? Mr. Kupfer indicated yes. Are New Earth’s trucks covered? Mr. Kupfer elaborated that they use front end loaders to fill semi trailers, which are covered when full. Member Pepoon asked roughly, what is the distance to neighbors’ yards? Mr. Kupfer replied approximately 300 feet. Member Pepoon inquired if Red’s decides not to continue with this program, are they under a contractual obligation to continue? The New Earth representative indicated no. Mr. Sibley added that they have capacity to handle many trucks on the property at a time, and also that there is a physical limitation on how much they can put in the transfer bin at a time.

Chairman Silverman asked about the Arlington Heights proposal. Mr. Kupfer indicated this proposal is for individual composting units. It is relevant because they determined that composting poses no health threat to residents. Chairman Silverman asked about the property value report in the packet materials. Would most traffic be in late afternoon? Mr. Kupfer indicated, yes, 3 to 4:30 would be a peak time for drop-offs. Chairman Silverman continued, wouldn’t traffic be extremely heavy on Huehl Road at that time? Especially with pick up during the same window.

Mr. Sibley explained that some landscapers finish later at night, and they might drop-off in the morning. Some will fill up earlier in the day, and unload then. Mr. Sibley feels, based on his experience, that traffic will be spread out throughout the day. Chairman Silverman inquired how often New Earth will come to pick-up. They will come as needed, but always at the end of the day.

Member Manso added that, from his experience, landscapers are not going to want to wait to drop-off. They are likely to come back later.

Member Franklin asked how many loads will fit in the bin. Mr. Sibley replied that truck capacity varies from approximately 6 to 10 cubic yards. Member Franklin asked if there are guidelines for how quickly New Earth will come pick-up. Mr. Kupfer replied that Red’s operator will anticipate the bin filling and request pick-up in advance.

Chairman Silverman indicated it is time for public comment. If necessary, public comment will continue to another meeting. Members of the public were sworn in for testimony.

Mr. Paul Klein, of 805 Bermuda Dunes, testified. He and his wife Mary have a young child who suffers from cystic fibrosis. They are highly concerned about mold from landscape waste, especially waste from rotting materials. They would like to see testimony from medical experts indicating that this waste is not a risk. He has specific concerns, including:

· mold spores present in landscape waste drifting into the neighboring community,

· any health effects for people with asthma and other respiratory issues, and

· an increased infection risk for his three-year old due to potential exposures.

Mr. Klein would like further investigation into this matter. He feels that Arlington Heights composting is not comparable. They are very uncomfortable with proposal without more information regarding potential health risks.

Ms. Jackie Barrett, Scott Road in Northbrook, spoke. She is a landscape designer in Northbrook. Ms. Barrett commented she has seen many neglected composting piles in Northbrook yards. She feels a transfer station is very clean and safe option for the community. From her experience, Red’s is very well run, very efficient with managing trucks and business on their yard. She has 20 years experience as a landscaper in the community. She has to send her crews far out now to dump waste. The proposal would benefit her business and help promote green practices in Northbrook.

Mr. Ben Horn, on 1106 Meadow Road, testified. He owns an exterior maintenance business and does some landscaping work. Bigger companies, from his experience, have their own transfer stations. Smaller companies will bring their waste, he thinks. He supports the proposal.

Mr. Jim Stoffer, who has been in the landscape business for 30 years, spoke. He commented that the Park District and Public Works in Northbrook holds materials for months and there are no problems.

Mr. Jon Lozza, 4010 Phyllis in Northbrook, testified. Mr. Lozza owns a landscaping business, and shops for materials at Red’s. It would be very convenient for him to drop yard waste and save fuel when he is working. This proposal will benefit landscapers in the area.

Ms. Susan Cohen, 3500 Duffy Lane, works on Dundee Road and testified that she Is concerned about traffic. Ms. Cohen indicated she gets stuck in Hickory Point and Solomon Schechter School traffic daily. Also she sees lots of children on bikes at those times. Ms. Cohen is concerned about truck back-up noises. She hears them frequently. She would like to know the potential increase in truck traffic with the transfer station. Chairman Silverman responded that an 20-25 trucks daily are estimated.

Ms. Anita Buyer, president of Burr Oaks Circle Homeowners Association, testified. Please note emails and letters provided in the packet from Association members. They are directly impacted by this proposal and strongly oppose it. Ms. Buyer presented their positions in writing and with public testimony. She feels that the applicant has not properly complied with public notification. Ms. Buyer feels that the applicant responds to her concerns with insufficient time for her to research a response. An area that has not been addressed is the presence of ticks and fleas on the grass clippings at the transfer station. This is especially a concern with the warm weather. The Burr Oaks residents are concerned about the need for increased pest control onsite. She feels that transfer waste stations should be located far away from residences. She continued that the potential negatives outweigh the benefits.

Ms. Buyer continued, in response to the Cornerstone report, that no comparative home prices have been provided. Also residents of their neighborhood have not be contacted to respond. She also indicated that there has been turnover in their neighborhood for units close to Red’s, contrary to the report. Also, Ms. Buyer feels the traffic report, is not representative, as it was done off season. Also, Ms. Buyer says 18 wheelers will be picking up materials, not small trucks, six days a week. This will be noisy for homeowners. Ms. Buyer continued that Red’s traffic is already a nuisance. She is also concerned about the daycare children and Center on Deafness Children who will be close to the facility and their health and safety. Ms. Buyer is also concerned about the Fire Department being impacted by the traffic increase.

Mr. Bruce Buyer, 3539 Laburnum Court, married to Anita Buyer, spoke. Mr. Buyer brought photos to hand out for Plan Commission review. Photos are from April 2, 2012, of Red’s property with truck activity. Mr. Buyer objects to today’s public hearing as he feels that not all property owners living within 250 linear feet were provided with sufficient notice. Chairman Silverman reiterated that this has been already discussed with Attorney Weiss, and sufficient notice has been provided. He would like Mr. Weiss to meet and cooperate with Mr. Buyer to ensure that his concerns are met. Mr. Buyer attempted to continue. Chairman Silverman respectfully asks that this matter go to the attorney for discussion. If it is an improper hearing, then there will be consequences.

Mr. Buyer continued, the Cornerstone Commercial impact study does not indicate that they are experts in residential matters. Furthermore, Professor Wander’s report does not indicate if she visited the site or was aware of the proximity of residential homes to the site. Mr. Buyer discussed the photos, and pointed out that one truck was delayed on the street, waiting to turn into Red’s lot. Another photo shows a truck partially entering the lot, and partially on the road. Related to the increase in Red’s business, some will be existing customers; some will only dump and not buy. Chairman Silverman interjected that this Planning Commission only deals with zoning related issues, and arguments related potential increases in business are not relevant.

There being no further comments, Chairman Silverman asked for a motion to close the public hearing. The hearing will be continued to a later date. Those were not able to speak tonight can speak then. Member Franklin, seconded by Member Elisco, motioned to close the public hearing. The motion carried by voice vote.

Chairman Silverman reiterated that this hearing is related to the text amendment change and testimony as to why Red’s should get a special permit. He would like to know the background provided to those who wrote letters of support. Furthermore, he would like the credentials of the Applicant’s experts supplied.

Member Pepoon would like more information about the possibility for a 30-day probationary period, not just a one year review.

Member Cyphers is concerned about traffic and would like more information about the size of trucks and traffic flow.

Member Henning would like more information on traffic and on the Northbrook public works program that is similar and how they control pest issues, etc… She would like to know more about New Earth’s relationship with Red’s and if Red’s has a back-up vendor or plan. She would like examples from other communities of how this works.

Member Melnick is concerned that this is new for everyone involved and would like more operational information.

Member Elisco would like more information about environmental issues and mold. He is especially curious about what materials are at Red’s long term versus the short term transfer station waste. When Member Elisco was onsite he noticed the mulch has a strong odor. During that visit he was provided with information about trucks unloading and capacity onsite, and requests that information be provided to Commission members.

Member Manso would like the potential health concerns addressed by a medical expert. Related to traffic, he would like to hear from landscapers, on what they would do if things backed up at the transfer station. Member Manso added that this sort of business to business relationship generally goes well.

Member Franklin is concerned about traffic and would like a diagram providing more information related traffic flow.

Chairman Silverman would like closure related to the legitimacy of this hearing and asked Attorney Weiss to follow-up with Mr. Buyer, the concerned community member.

Chairman Silverman assured the audience that the next public hearing will allow new presenters to speak first. Member Pepoon, seconded by Member Cyphers, motioned to continue the public hearing to May 1st. Motion passed unanimously by roll call. Member Franklin, seconded by Member Elisco, motioned to reopen the public hearing on May 1st. Motion passed unanimously by roll call.