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HomeMy WebLinkAbout2008-08-25 Agenda AttachmentAN ORDINANCE GRANTING A SPECiA,L USE IN THE VILLAGE OF MORTON GROVE FOR THE PROPERTY LOCATED AT 6415 DEMPSTER, 6421-57 DEMPSTER STREET, AND 8717 LINCOLN AVENUE TO APPROVE A PLANNED UNIT DEVELOPMENT AND TO AMEND TITLE 5, CHAPTE1213F, SECTIONS 2 AND 3 OF THE VILLAGE'S MI7NICIPAL CODE Introduced: ~ August 25, 2008 Synopsis: Purpose: Background: Programs, Depts- or Groaps Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend First Reading: Special Consider or Requirements: Respectfully submitted: Prepared by: This ordinance will approve the development of 10,892 square feet of retail space, 54 condominium units, and 21 townhomes. Approval of a Planned Unit Development in the C-1 'Coning District. This site is the former >VlaxwelPs Restaurant, Studio Restaurant, and the current River Bv~k Shopping Plaza. The owner of the property, Morton Grove DLL, LLC. wishes to redevelop the site to build townhomes at the south end o~Pthe site, and ca~struct two multi-use buildings fronting Dempster Street and Lincoln Avenue, and Dempster Street and Narragansett Avenue respectively. The multi-use buildings will have 10,892 square feet of retail on the first floor and 54 condominium units on two floors above. The applicants original special use for this PUD was revoked on June 9, 2008, because the applicant had not secm~ed fina~tcing. The applicant now asserts it has secured financing and has reapplied for virtually the same special use to construct the same PUD. The Pla~i Commission considered this matter at a public hearing on August 18, 2008, and by a vote of five to one, voted to recommend the approval of the special use subject to certain conditions. Village staff has incorporated the Plan Commission's conditions within this ordinance but has also included significant additional conditions that relate to the applicant's financial capabilities to complete this project in a timely manner. These conditions include flexibility for the V illage to reconsider or revoke the special use if certain construction benchmarks are not met in a timely fashion, aad penalties to the applicant in the event the applicant fails to timely complete the PUD. The ordinance also requires the applicant provide a security in the cumulative amount of $200,000 to insure completion of the PUD. In the event the PUD is not completed, the Village shall be granted the right to enter the site and make such improvements as necessary to bring the site in compliance with Village Code and mitigate any negative impact the site may have on the surrounding neighborhood. The Ordinance amends 5- 13F-2 and 3 to provide 90 minute restricted parking on Lincoln and Narragansett Avenues. Building and Inspectional Services Village Engineer; and Fire Department If approved, this development will initially result iu substantial revenue in the form of building permits, and transfer stamps, and subsequently will produce increased property taxes. N/A The special use application was processed by Village Staff as parC of its normal operations. The permitting and construction will be overseen by the Building Commissioner, Code Enforcement Officers, and Village Engineer as part of their normal operations. Approval as presented. Required The Applicant has asked the second reading of this ordinance be waived so he can close on the construction loan. Joseph F. Wade, Village Administrator Teresa Hoffman Liston, Corporation Counsel Reviewed by: _ Ed Hildebrandt, Building Commissioner MEMORANDUM TO: Village President and Board of Trustees FROM: Steve Kropp, Managing Partner, The Preserves DATE: August 21, 2008 RE: Request for Waiver of Second Reading Due to financing deadlines, the memorandum requests Village Board action regarding Ordinagce 08-36 at the August 25, 2008, Village Board meeting. ORDINANCE 0~-36 AN ORDINANCE GRANTING A SPECIAL USE IN THE VILLAGE OF MORTON GROVE FOR THE PROPERTY LOCATED AT 6415 DEMPSTER STREET, 6421-6457 DEIVIPSTER STREET, AND 8717 LINCOLN AVENUE, TO APPROVE A PLANNED UNIT DEVF,LOPMENT AND TO AMEND TITLE 5, CHAPTER 13F, SECTIONS 2 AND 3 OF THE VILLAGE'S MUNICIPAL CODE WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, Morton Grove DL, LLC, 6300 Lincoln Avenue, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 08-08, requesting approval of a Planned Unit Development ("PUD") for those properties commonly known as 6415 Dempster Street, 6421-6457 Dempster Street, and 8717 Lincoln Avenue ("the properties") for the development and construction of two mixed use buildings, consisting of 10,892 square feet of retail space, 54 condominium units, and 21 town homes; and WHEREAS, the property is zoned as a C-1 commercial district pursuant to the provisions of the Village of Morton Grove Municipal Code; and WHEREAS, on October 24, 2005, the Corporate Authorities pursuant to Ordinance OS-48 approved a PUI~ for the properties {"t11e original special use") for a development substantially similar to the application considered in PC 08-08; and WHF,REAS, pursuant to Ordinance 06-31, the Corporate Authorities approved a minor amendment to the original special use on September 11, 2006; and WHEREAS, pursuant to Ordinance 08-03, the Corporate Authorities on January 14, 2008, approved an additional amendment to the special use to allow for an extension of time to commence and proceed with construction of the PUD; and WI-iEREAS, Ordinance 08-03 contained numerous conditions, including a condition that provided in the event the applicant's financing had not been approved by Apri130, 2008, the special use permit was subject to further review, modification, and/or revocation; and WHEREAS, pursuant to Ordinance 08-18, the Corporate Authorities on .tune 9, 2008, revoked. the special use permit granted pursuant to Ordinances OS-48, 06-31, and 08-03 because the applicant bad not secured financing by Apri130, 2008; and WHEREAS, the applicant has asserted it has now secured financing to commence and complete; the construction of the PUD and all site and public improvements in an orderly and timely manner; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unified Development Code upon public notice duly published in The Morton Crrove Champion newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on July 31, 2008, and pursuant to the posting of a sign on the subject property and upon written notification sent to property owners within 250 feet of the subject property, the Morton Grove Plan Commission held a public heaizng relative to the above referenced case on August 18, 2008, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated August 25, 2008, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed Special Use is so designed, located, and proposed to be operated in the public health, safety and welfare of the Village and will be protected and not cause substantial injury to the value of other properties in the surrounding neighborhood in which it is located; and WHEREAS, pursuant to the applicable provisions of the Village of Mop°ton Grove Unified Development Code, the Corporate Authorities have determined the special use shall be subject to the conditions and restrictions as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing WIIEIZEAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The properties located at 6415 Dempster Street, 6421-57 Dempster Street, and 8717 Lincoln Avenue are hereby granted a special use permit for a PUD to include 10,892 square feet of commercial space, 54 condominium units, and 21 town homes subject to the following conditions and restrictions which shall be binding on the Owners, lessees, Occupants and Users of this property, their successors and assigns, for the duration of the Special Use Permit: Except as noted otherwise in this Ordinance, the PUD and public improvements shall be constructed in accordance with the site plan dated May 14, 2008, the engineering plans dated March 1, 2007, or any subsequently approved engineering plan, and the elevation drawings dated October 18, 2005, as approved by the Appearance Commission on November 7, 2005; and; The trash enclosure for Building `'A" be relocated closer to the building; The sidewalk on Dempster Street be increased to ten feet; 4. The floor plans and elevations of each building be modified, and walkways and landscaping between the Preserves town home buildings be designed to allow for emergency access as directed and approved by the Fire Chief or his designee prior to the issuance of building permits; The final landscape plan which incorporates the Appearance Commission's recommendations from November 7, 2005, and includes a more detailed presentation of the fountain and surrounding area be reviewed and approved by the Appearance Commission prior to the issuance of any building permits; 6. Prior to the issuance of each building permit, the applicant shall place in an escrow account, approved and administered by the Village Administrator, the sum of fifty thousand dollars ($50,000) for the townhouses, one hundred thousand dollars ($100,000) for Building "B" and fifty thousand dollars ($50,000) for Building "A", or in the alternative, provide such other security acceptable to the Village Administrator to insure the applicant complies with all Village Oodes, and completesthe PUDpursuant tothe approved construction schedule. The escrow amount for each building shall be refundable upon substantial completion of each building as determined by the Building Commissioner. In the event the applicant commences construction and subsequently fails to progress according to the approved construction schedule, the Village or its authorized representatives shall have the right to enter the property and make such improvements to the site as the Village Administrator or his designee deems necessary to render the site in compliance with Village building and appearance codes, abate any nuisance and mitigate any negative impact the site has on the surrounding properties. Upon the completion acrd approval of the site improvements, and payment of all outstanding fees or fines, any unused porkion of the escrow shall be returned to the applicant. Prior to the issuance of any building permits, the applicant shall provide the Village security in accordance with Section'?-9-10 for the completion of the public improvements. No building permit shall be issued for any building unless and until the applicant has provided satisfactory proof to the Village Administrator or lus designee the applicant has closed on the construction Loan and has sufficient funds to complete the PUD. 9. The applicant, by accepting the conditions of this ordinance grants a limited power of attorney, or otherwise authorizes the Village Administrator or his designee to receive information from the applicant's Lender and/or title company detailing any and all disbursements made from the lender's construction loan, and provide all information regarding funds remaining and available to the applicant to complete the construction of the PUD and all site and public improvements; 10. In the event financing has not been secured (i.e., the applicant's construction loan has not closed) by September 30, 2008, and construction has not commenced by January 1, 2009, this special use permit is subject to further review, modification and/or revocation; 1 L The construction schedule dated August 25, 2008, shall be followed except the Building Commissioner may approve minor modifications to the construction schedule and/or minor extensions to the completion date for good cause shown with the concurrence of the Village Administrator and Corporation Counsel. Such modifications and/or extensions shall not be unreasonably withheld due to acts of God or other unforeseen circumstances; 12. All public improvements as set forth on the site plan dated March 1, 2008, or any subsequently approved site plan, shall be completed on or before November 1, 2008, or later date as approved in writing by the Village Engineer; 1.3. The exterior of the town homes, the exterior of Building `B", and all associated Landscaping and site work shall be completed on or before the date identified in the approved construction schedule: 14. No demolition permit shall be granted for the demolition of the property commonly known as 6421-6457 Dempster Street unless and until the exterior of the townhouses and Building `B" have been completed, and all landscaping and site work have been completed. This condition may be waived or modified by the Building Commissioner for good cause; I5. In the event the PUD is not substantially completed on or before December 31, 2010, the applicant or its successor in interest shall pay the Village a penalty for excessive disruption to the Village in the amount of five hundred dollars ($500.00) per day until the entire PUD is substantially complete. This penalty shall be in addition to any other remedies available to the Village. The cumulative amount of this penalty shall not exceed forty-f ve thousand dollars ($45,000). The PUD will not be deemed substantially complete until a Certificate of Occupancy has been issued for all buildings on the site or otherwise acceptable to the Building Commissioner; and 16. All pertinent Village Codes and Ordinances shall be met. SECTION 3: The following variances are hereby grantedfor relief from the Unified Development Code, Section 12-5-4 "Multiple Family Residential Structu~°e b'~ecial Development Provisions", and Section 12-9-2-I1 "Space and ~16s1e Requirement for lot or garage parking" as follows: • Front yard setback Lincoln Ave. for townhomes • Front yard setback Narragansett Ave. for townhomes • Rear yard setback for townhomes • Impervious surface requirement from 60% to 73% • Height variation for the turrets only to fifty (50) feet • Drive aisle width in building "A" to 2~t feet 8'/z inche 6 feet 6 inches relief t8 feet 6 inches 5 feet 0 inches relief 20 feet 0 inches 15 feet 0 inches relief 3 feet 0 inches -relief of 3Y> inches for northernmost spaces SECTION 4: The following provisions be added to the Municipal Code, Section 5-13F-3: TIME LIMIT PARKING TONES, Subsection B: NINETY MINUTE PARKING: Side of Street Between Street Date and Time Lincoln ~ The METRA right-of--way and the East and Monday through Friday, Avenue centerline of Dempster Street ~ West 8:00 a.m. to 6:00 p.m. Narragansett The north right-of--way line of Henning West Monday through Friday, Avenue Court extended and the centerline of ~ 8:00 am to 6:00 p.m. Dempster Street The Director of Public Works is hereby authorized and directed to remove any conflicting signs and erect such signs as required by this Ordinance. SECTION 5: The following provision be removed from the Municipal Code, Section 5-13F-2: NO PARKING DURING CERTAIN HOURS: Side of Street Between Street Date and Time Lihcolh Dempster Street ahd the METRA right- East and Monday through Friday, Avenue ~ of way West Excluding holidays, 6:00 a.m. to 10:00 a.m. The Director of Public Works is hereby authorized and directed to remove any conflicting signs and erect such signs as required by this Ordinance. SECTION 6: This special use is granted for so long as the occupants and users of this property utilize the area for the purposes designated herein. SECTION 7: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted hereunder. SECTION 8: The Applicant/Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 9: The provisions of Section 12-16-4-C7 of the Village of Morton Grove Unified I)eveZopment Code are applicable to any violations of any condition of this special use permit or of this Ordinance, in addition to any other available remedy, including revocation of the special use pern~it as allowed by law. SECTION 10: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law, provided the conditions of the Special Use as set forth in SECTION 2 of this Ordinance have been approved in writing by an authorized representative of the applicant and all owners of record of the properties. PASSED this 25`" day of August 2008 'trustee Brunner Trustee Kogstad "trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 25`h day of August 2008. Richard Krier; Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26`x' day of August 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois VHAdminALegisVOrd~20081pc08-0BPUD for Areserves Exhibit "A" ~~z ~ ,~ ~ ~ ~ ~~ __ ~~° A~~ August 25, 2008 Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the V illageBoard: On August 18, 2008 a public hearing was conducted by the Morton Grove Plan Commission after a legal notice was published on July 31, 2008, in The Chunpion newspaper, a sign posted on the property and vn~ittcn notificatson sent to property owners within 250 feet of the subject property as required by ordinance, regarding: Plan Commission Case PC 08-08, wherein the applicant, Morton Grove DL, LL~C, 6300 Lincoln Avenue, Morton Grove, Illinois, 60053, requested a Special Use Permit for a Planned Unit Development at 6415 Dempster Street, 6421-57 W. Dempster Street and 8717 Lincoln Avenue. Ms: Bonnie Jacobson, Planner; introduced the case for the Village. She summarized the history a£ the case beginning with the approval of the original P.U.D. in 2005, the amendment which shifted the entire development south to avoid the flood plain in 2006, the trme extension granted in 2007 and then revocation of the orrginal Special Use Permit by the Board of Trustees in June 2008. When the Board revoked the Special Use in June, they did encourage the applicant to return if frnancing was obtained. The applicant now has obtained financing, whichis why the P.U.D. is now being processed again. Because the P:U.D. is the same P.U.D. that was approved in 2006, the staff review on the site plan was not retreated. Village Staff did request additional materials for this case relative to the market analysis and financial commitment for the project, due to weakened market conditions, and previous financial problems with the project that hindered construction of the original P.U.D. A revised construction schedule was also requested. Much of the requested material was provided, however, the market analysis was not. Mr. Steve Kropp, managing member of Morton Grove DL, LL.C represented the applicant, along with Mr. Craig Tolamof Tolan Construction, the general contractor for the project. Mr. Kropp noted that he has now obtained financing for the project with a private equity group. I3e indicated that this group was enthused about the project and had confidence in the project and Morton Grove. Mr. Kropp expounded on his faith in his project and the Morton Grove market, and interest generated. He noted that one of the conditions of his loan was receiving the Special Ilse Permit from the Village. Without it, the project would foreclose and that would be worse. He added that the market study was not included due to time constraints and cost. _s v5t„_,f. k f,K ;~g(~;y "4~1i1~.rl~af ae,e'_.~' ., ~ t ._.. i"- ~:.`i4~.?v .. 1Vga'3ric•t~' .2`c'+I€;, dr9f f?sS `; 1~'~ ~ F~'af/: `~ v. 4. Mr. Craig Tolan, the general contractor for the project, reviewed the construction schedule adding that it was based on a realistic time frame. He noted that although a market study was not completed, an appraisal was submitted that demonstrated the market viability of the project. Mr. Tolan explained that they would begin construction with the Townharnes because they are already permitted, followed by Building B, then Building A. The Plan Commissior. had several questions for the applicant. Commissioner Shimanski asked if the project included value added engineering and questioned the phasing of the project. Commissioner Gabriel asked for more detail regarding the construction schedule, and management of the subcontractors. Commissioner Roepenaek asked if there were any utilities left to develop on the site and Commissioner Gattorna asked what assurances that applicant could give the Plan Commission that the project would get built. Chairman Farkas expressed concern about the lack of a market study and the loan commitment letter. Mr. Fd Hildebrandt responded to Commissioner's Roepenack question regarding the utilities indicating that ail of the utilities are installed, but the storm water detention is not yet connected. Corporation Counsel Liston responded to Chairman Farkas question regarding the loan commitment, noting that a definite loan commitment letter was provided to the Village but it included sensitive and confidential information, and therefore was not included ui the packet for the hearing. Mr. Tolan responded to the remainder of the questions. He reviewed the financing indicating that money will be held in escrow and paid out over time as the project is completed. He believes from his resume and the resumes of others on the team that they have the necessary skills to complete the job in a timely fashion. He has experience managing large complex construction projects and as the general contractor, he is used to managing several subcontractors under him. He noted that while value added engineering, was a possibility on the interiors of the units, it was not really possible for the exterior construction. He cor!limented that the phasing was set up so that they could begin construction as soon as possible. One interested party, Mr. Eric Poders, spoke regarding this case. He questioned who conducted the appraisal and its validity, to which Mr. Tolan responded that it was JSQ and that it was a legal docament pravidcd tq the Lender..... One concerned party, Mr. Kyle Sechrist, spoke regarding this case. He lives in the new townhome development adjacent to the site, and he and his neighbors are anxious to see the project move forward and something built on the now vacant site. They were concerned that the necessary setbacks be maintained and that construction not start too early in the morning. Ms. Jacobson and Mr. IIildebrandt responded, informing Mr. Sechrist of the setbacks and Village-wide eonsh-uetion rules. Based on the information and evidence presented, Commissioner Shimanski moved, which Commission Dorgan seconded, to approve a Special Use Permit for a P.U.D. at 6415 Dempster Street, 6421-57 Dempster and 8'717 Linaolu Avenue, subject to the following conditions: ? . That the P.U.D. be constructed in accordance with the site plan dated 5/14/08; 2. That the trash enclosure for Building "A" be relocated closer to the building; 3. That the floor plans and elevations be modified to address the Fire Department's concerns prior to obtaining a building permit; 4. That the following variations from the zoning regulations be granted: ® Front Yard Setback-Lincoln Avenue Town Homes 6.5 feet relief 18.5 feet o Front Yard Sefoack-Narragansett Avenue far Town Homes 5 feet relief 20 feet • Rear Yard Setback for Town Homes 15 feet relief 3 feet 5. That the Lincoln Avenue right-of=way be redesigned to allow for the parkway and sidewalk to be completely on public right-of-way; 6. That the walkways and landscaping between the town home buildings be designed to allow for emergency access subject to review and approval of the Morton Grove Fire Deparhnent; 7. That the P.U.B. be constructed in accordance with the elevation drawings dated October 18, 2005, as approved by the Morton Grove Appearance Commission on November 7, 2005; 8. That a final landscape plan which incorporates the Appearance Commission's recommendations from November 7, 2005 and includes a more detailed presentation of the fountain and surrounding area be reviewed and approved by the Appearance Commission prior to obtaining a building permit; 4. That tithe sidewa]k on Dempster Street be increased to ten feet; 10. "that all revised engineering plans be reviewed and approved by the Village Engineer; 11, That atI street lighting meet ViIiage standards; 12. That parking along Lincoln and Narragansett Avenue be restricted to ninety (90) minute parking; 13. That the Preserve of Morton Grove master construction schedule dated 8/6/08 be fotlowed; and 14. 'T`hat all pertinent Village Codes and Ordinances be met. The motion passed: Yes - 5, No - t, Absent -1. The Voting Chairman Farkas Commissioner Borgan Commissioner Gabriel Commissioner Gattorna Commissioner Patel Commissioner Roepenack Commissioner Shimanski The "Findings of Fact" r attached to this report. No Yes _ Yes__ Ycs Absent Ycs Yes dative to the seven standards by which a Special Uses is evaluated is ~I{es~`cctfilly submrttc -, ---~'" f ~~ i p' 1,,~~,.~-,.~.. ~ f ona kas~ ~ Plan Commission Chairman Q:AZoning~plan comet casesApc03-US report.doc FindLngs of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Un~ed Development Cocteupon which the Plan Commission based its decision. 1. Preservation of Health, Safety, D~orais and Welfare -The establishment, mainfenance and operafion of the Special IIse will not be detrimental to or endanger the public health, safety, morals or general welfare. The Plan Commission concluded that the establishment, maintenance and operation of the Special Use will not he detrimental to or endanger the public health, safety, morals or general welfare. Based on the information presented, the Plan Commission concluded that the welfare of the community would not be endangered. They concluded that the applicant's team had the ability to complete the project and that the project could move forward. They believed that the construction of the P.U.D. would be better than the empty site, or face foreclosure. 2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the coning districts The Plan Comnussion concluded that the proposed Special Use should not be injurious to the use and enjoyment of neighboring properties. One adjacent neighbor spoke of his desire to see the project get started and 'built. "Phere was some concern by the PIan Commission as to what would happen if the p=°oject was not flatly completed, but the applicant's general contractor was able to assure the commission that his team had the expertise to complete the project in a timely n2anner. 3e Orderly Development -The establishment of the Special Use will not impede normal and orderly development. or impede the utilizatian of surrounding property for uses permitted in the coning district. The Pdan Commission concluded that the establishment of the Special lise witI not impede the normal and orderly development of the surrounding area. There was some concern raised by the commissioner regarding the phasing of the project, with a preference for construction of the large building facing Dempster Street being constructed first instead of second. The eommisstoners felt this would be beneficial to the orderly development. However, the applicant's general contractor was able to explain why construction of the townhomes would be more beneficial, by allowing for a faster time frame for the project, thus enhancing the orderly development of the area. 4. Adequate Facilities - ~3dequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. All of the utilities For the project have actually already been installed. The storm water detention system still needs to be connected; however, that wiII be completed as construction progresses further. 5. Traffic E",ontrol -Adequate measures have been taken to provide ingress and egress designed to minimise traffic congestion of the public streets. The proposed use of the subject site should not draw sutastantial amounts of traffic on local residential streets. The access drive and circrdation did not change at all from the previous P.U.D. and, therefore, there were no traffic control concerns. 6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. Adequate buffering was provided in Che previous approved P.LJ.D. and since the plan has not changed the buffering is still sufficient. 7. Conformance'to Other Regulations -The Special Use sha--, in all other respects, conform to app-icab-e provisions of this Ordinance or amendments thereto, Variation from provisions of this Ordinance, as provided fox in Section 12-16-3A1, may be considered by the Pian Commission and the Village Board of Trustees as a apart of the special use permit. The approved P.U.D. still needs to conform to theprevious P,U.D. and the plan commission approved it based on the relevant conditions from the original P.U.D. These included setback variances, and conditions! approval on various aspects of the project from the Appearance Commission, Fse Department and Village Engineer.