Gregg’s Landing R.P.U.D. Development Permit
POD D – Bay Hill
KB Home (formally known as the Zale Companies)
WHEREAS, on April 9, 1996, the Village of Vernon Hills (the “Village”) enacted Resolution No. 96-06 granting final R.P.U.D. Development Plan Approval, final site and Landscape Approval, final Subdivision Plat Approval, and Final Resubdivision Plat Approval (the “Resolution”) for the Gregg’s Landing Development of the Cuneo Property (“Gregg’s Landing”); and
WHEREAS, the Resolution, in Section 2, paragraph 5, sets forth the requirements for the issuance of a Development Permit (“Development Standards’) for the development of individual pods within Gregg’s Landing; and
WHEREAS, the Village Board has reviewed the proposed multi-family development of POD D, and has taken into account the recommendations of the Village Staff and Planning and Zoning Commission.
In consideration of the foregoing as set forth herein, the Village grants to KB Home, a Final Development Permit for POD D, subject to the following conditions:
1. The “whereas” clauses set forth above are hereby incorporated as part of the terms and conditions of this agreement.
2. Zale Companies, the Developer of POD D (the “Developer”) shall be allowed to commence construction of the infrastructure of POD D upon approval of engineering plans by the Village Engineer.
3. Review and final approval by the Village Engineer of the engineering plans prepared by Spaceco, Inc. with a revision date 6/30/03.
4. Compliance with the Technical Review responses from Brett Duffy of Spaceco, Inc dated July 1, 2003 as attached as Exhibit A-1.
5. Compliance with the elevations and floor plans prepared by Bloodgood, Sharp and Buster dated June 9, 2003 as attached as Exhibit B-1.
6. Compliance with the Plat of Resubdivision for Bay Hill dated 5/29/03 as attached as Exhibit C-1.
7. Conditions of approval:
a) All chimneys are to be enclosed by masonry and shall have masonry chimney caps except as provided for in the approved “Building Plans” listed herein.
b) Group mailboxes shall be of uniform design and furnished and installed by the US Post Office according to Department of Public Works and US Postal Service specifications. The developer will provide the concrete base, but the mail boxes are furnished and installed by the Post Office.
c) Chimneys located on the exterior of the building wall shall be masonry. Interior flues shall be enclosed with architecturally appropriate materials to the style and color of the building siding.
d) Residential Chimney and Vent Enclosure, Flashing, & Spark Arrestor/Rain Cap Specifications for Gregg’s Landing shall be provided as follows:
1. All chimneys and vents used for venting wood burning appliances or gas-fueled fireplaces shall be enclosed in a chimney chase. Exterior finish materials shall match or compliment the predominant exterior finish material of the dwelling except as other provided for within this Agreement. All portions of the venting system including termination spark arrestors and rain caps that penetrate through the chimney chase shall be black in color.
2. All intake and exhaust vents used for venting water heaters, furnaces and similar appliances that penetrate through the roof shall be installed at the minimum height allowed by the manufacturer specifications. Ideally, vents shall be installed below the ridge of the roof so the vent is not visible when viewed from the front property line. All portions of the venting system, including termination rain caps, may remain their natural color when installed through the roof.
3. If manufacturer specifications require an intake or exhaust vent to terminate more than three feet above the roof, said vent shall be enclosed in a chimney chase. All portions of the vents, including termination rain and spark arrestor caps that penetrate a chimney chase shall be black in color. It is preferred that all intake or exhaust vents are grouped within the same enclosure when more than one is present.
4. For framed chimney chases, the metal flashing that is placed on the top of the chase and that extends two (2) to three (3) inches around all sides, shall be copper-colored.
e) Use of Exterior Finish and Insulation System (EFIS) is permitted.
f) The Developer is granted a variation from exterior material requirements to allow the use of materials other than masonry products, i.e. cedar siding, “Hardiplank” type cement siding and/or EFIS for the first floor of all the buildings.
g) Per Section 5-29 Building Code – Chapter 3 amendments, these structures are classified R-3.
h) Variance from Section 904.9.1 Use Group R-3 allowing townhouses to be built without fire suppression systems is granted.
i) Compliance with the site and landscaping plans prepared by Allen L. Kracower & Associates, Inc. with a revision date 7/10/03 except as otherwise amended and approved by the Village Landscape Architect.
j) “Multi-Family Home” Plans, Elevations prepared by the Bloodgood, Sharp and Buster, dated July 28, 2003, as attached as Exhibit C-1, are approved.
k) Review and approval of a plat of dedication for the road by the Board of Trustees prior to final acceptance of the POD D improvements.
l) The developer shall provide a Letter of Awareness as attached identifying that the property to the east is zoned for commercial development.
m) The Developer is granted a side yard building encroachment variation for Lot 33 for the purpose of allowing two air conditioning units and a fireplace enclosure to extend into the west side yard up to four feet.
n) Compliance with all ordinance and standards of the Village except as otherwise noted.
This Development Permit (“Permit”) was originally granted to KB Home (formally known as Zale Homes, Inc.), on August 19, 2003 and amended on December 2, 2003 subject to the terms and conditions contained herein. This Permit is not transferable to any entity that is not wholly controlled by KB Home.
The Board of Trustees of the Village of Vernon Hills on December 2, 2003 has authorized the Village President to execute this amended Agreement.
VILLAGE OF VERNON HILLS