Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/2014

CH A NGE IN CONDITIO NS APPUCA TION

NAME: 1630 PIB, LLC NAME: 1630 PIB, LLC

ADDRESS: 3328 Peachtree Rd NE, Ste 100

ciTY: Atlanta

STATE: Georgia ziP: 30326

PHONE: 770.232.0000

~~~~~~~~~~~-

ADDRESS: 3328 Peachtree Rd NE, Ste 100

ciTY: Atlanta

STATE: Georgia ziP: 30326

PHONE: 770.232.QQQQ

CONTACT PERSON: Brian Easley PHONE: 770.232.0000

coNTAcrs E-MAIL: beasley@mptlawfirm.com

AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GEORGIA

APPLICANT IS THE:

DOWNER'S AGENT I xx I PROPERTY OWNER D CONTRACT PURCHASER

ZONING DISTRICTS(S): RM-24 PRIOR ZONING CASE: RZM2018-00003

LAND DISTRICT(S): 7

LAND LOT(S): 207 ACREAGE: +/- 16.068

ADDREss oF PROPERTY: 1630 Peachtree Industrial Boulevard

PROPOSED CHANGE IN CONDITIONS: Modify Conditions 1 (A) and 1 (8) of RZM2018-00003

RESIDENTIAL DEVELOPMENT: NON-RESIDENTIAL DEVELOPMENT:

NO. OF LOTS/DWELLING UNITS: 2QQ NO. OF BUILDINGS/LOTS: NA

DWELLING UNIT SIZE (Sq. Ft.): varies per UDO

TOTAL GROSS SQUARE FEET: NA

GROSS DENSITY: +/- 12.45 units per acre DENSITY: NA

NET DENSITY: +/- 19.25 units per acre RECEIVEDB

II - -vUL U ~ lU~U

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

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Legal Description

ALL THAT TRACT OR PARCEL OF land lying and being in Land Lot 207, ih District, Gwinnett County, Georgia, being more particularly described as follows:

TO FIND THE POINT OF BEGINNING commence at the intersection of the southeastern right of way of Peachtree Industrial Boulevard (300 feet right of way) and the Land Lot Line common to Land Lots 239 and 240 (per Plat Book 61, Page 151); thence south easterly along the right of way of Peachtree Industrial Boulevard a distance of 866.07 feet to a point, that is the POINT OF BEGINNING; thence leaving said right of way South 35°32'12" East a distance of 1273.41 feet to a point located in the center of Suwanee Creek; thence along the center of Suwanee Creek the following courses and distances: South 40°57159" West a distance of 59.19 feet to a point; thence South 52°06125" West a distance of 18.08 feet to a point; thence North 83°56'46 11 West a distance of 47.76 feet to a point; thence North 25°53'16 11 West a distance of 24.66 feet to a point; thence North 35°04141 11 West a distance of 26.13 feet to a point; thence North 68°20'06" West a distance of 59.81 feet to a point; thence North 44°40'27" West a distance of 71.13 feet to a point; thence Notih 68°12103" West a distance of 30.74 feet to a point; thence N01ih 60°41'23 11 West a distance of 25.98 feet to a point; thence N011h 74°26147 11 West a distance of 37.51 feet to a point; thence South 87°44'06" West a distance of 41.06 feet to a point; thence Notih 84°35'13" West a distance of 29.07 feet to a point; thence South 82°52125 11 West a distance of 22.92 feet to a point; thence North 76°1T35,, West a distance of 24.82 feet to a point; thence North 88°55'41" West a distance of 22.21 feet to a point; thence South 59°31'l5" West a distance of 35.48 feet to a point; thence South 65°00'12 11 West a distance of 17.18 feet to a point; thence South 37°49'18" West a distance of 15.98 feet to a point; thence South 20°57106" West a distance of 38.54 feet to a point; thence South 22°50'24" East a distance of 22.15 feet to a point; thence South 33°52'27" East a distance of 21.08 feet to a point; thence South 04°59151" East a distance of 15.99 feet to a point; thence South 08°32'08" West a distance of 31.76 feet to a point; thence South 25°28 153" West a distance of 21.62 feet to a point; thence South 49°05'06" West a distance of 19.89 feet to a point; thence South 75°46119 11 West a distance of 13.94 feet to a point; thence North 69°42'15 11 West a distance of 17.57 feet to a point; thence North 30°52'37 11 West a distance of 22.69 feet to a point; thence North 53°07'08" West a distance of 89.94 feet to a point; thence South 89°00115" West a distance of 84.64 feet to a point; thence North 69°12'05" West a distance of 89.40 feet to a point; thence North 45°51'22" West a distance of28.59 feet to a point; thence North 31°28'36 11 West a distance of 30.88 feet to a point; thence North 63°38115 11 West a distance of 30.73 feet to a point; thence N01ih 55°26116 11 West a distance of 51.31 feet to a point; thence North 38°35148 11 West a distance of 27.82 feet to a point; thence North 28°03 109" West a distance of 8.29 feet to a point; thence North 11°44'55 1

' East a distance of 14.10 feet to a point; thence North 27°48113 11 East a distance of 16.28 feet to a point; thence North 40°47'04 11 East a distance of 27.43 feet to a point; thence North 57°53 108" East a distance of 27.30 feet to a point; thence No1th 45°21 113" East a distance of 15.33 feet to a point; thence Notih 33°20140" East a distance ED BY feet to a point; thence North 10°09'19" East a distance of 45.09 feet to a point; thence South 33°41'24 11 East a distance of 0.00 feet to a point; thence North 52°21 145" Jf5 s

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distance of 22.53 feet to a point; thence North 82°53'34" West a distance of 22.02 feet to a point~ thence North 76°4213011 West a distance of 28.20 feet to a point; thence South 73°45'53 11 West a distance of 18.32 feet to a point; thence North 89°56123 11 West a distance of 25.18 feet to a point; thence N01th 73°19'02 11 West a distance of22.04 feet to a point; thence North 58°58'1 T1 West a distance of 30.38 feet to a point; thence North 44°10' 12" West a distance of 31.19 feet to a point; thence North 34 °36'13" West a distance of 20.65 feet to a point; thence N01ih 22°23'25" West a distance of 101.57 feet to a point; thence North 52°30'01" West a distance of 18.09 feet to a point; thence N01ih 63°44148'1 West a distance of 25.30 feet to a point; thence North 83°04125 11 West a distance of 10.11 feet to a point; thence North 69°30'57" West a distance of 47.02 feet to a point; thence South 89°28 122 11 West a distance of 27.10 feet to a point; thence South 72°25'37" West a distance of 24.46 feet to a point; thence South 61°32'53 11 West a distance of 24.52 feet to a point; thence South 32°54'43" West a distance of 14.77 feet to a point; thence South 08°09108" West a distance of 25.78 feet to a point; thence South 21°28'00" West a distance of 50.04 feet to a point; thence South 07°34'23" East a distance of 22.64 feet to a point; thence South 03 °2 l '34 11 East a distance of 27 .64 feet to a point; thence South 03°07138 11 West a distance of 20.25 feet to a point; thence South 31°25'39" West a distance of 19.43 feet to a point; thence South 62°32'02" West a distance of 38.66 feet to a point; thence South 77°18112 11 West a distance of 56.68 feet to a point; thence leaving said center of Suwanee Creek North 39°55'24" West a distance of 179.95 feet to a point located on the southeasterly right of way of Peachtree Industrial Boulevard; thence along said right of way 319 .61 feet along a curve to the right, said curve having a chord of North 48°03'42" East 319.47 feet and a radius of 3107.41 feet to a point; thence continuing along said right of way North 50°56'2211 East a distance of 671.98 feet to a point, being the POINT OF BEGINNING.

Said tract contains 16.068 Acres.

ECEIVEDB

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LEGEND 'tl. UTILITY POLE (PP) --t GUY WIRE ):( UGKT POLE (LP) ::::: RAG POLE (FP) t1 FlRE HYDRANT (FM) q SIGN 0 .IUNCTION BOX (JS) ~ DROP INLET (OI) Q WATER Vf.J ... Vf. (WV) 0 ROOF DRAIN (RO) • CLEAN OUT (CC) O W,4,TER METER (WM)

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SUBDIVIDED AS: THE LANDINGS AT SUWANEE CREEK

(P.v\ OAK PARK ON THE RIVER-UNIT THREE) PB 61. PG 261

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Ji_)_ 0 2 2020

Conceptual Site Plan 1630 Peachtree ~ ndustrial Blvd - Suwanee, GA

GROSS SITE AREA (RED BOUNDARY): 16.068 ACRES NET SITE AREA: 10.388 ACRES

200 TOTAL UNITS 950 NSF/UNIT AVG 190,000 NRSF TOTAL TYPE V CONSTRUCTION (4/5 SPLITS)

#UNITS 86 UNITS 114 UNITS

PARKING: 300 SPACES

% UNITS 43% 57%

PARKING RATIO: 1.5 SPACES PER UNIT

BLDG AMENITIES: +/- 12,000 SF (PARTIAL DBL HT) - LEASE OFFICE - CLUB ROOM & FITNESS CENTER - ADDITIONAL AMENITIES TBD

tannlng&Development CIC '20 0 2 3

Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/2014

CHANGE IN CONDITIONS APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

PURSUANT TO REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE 1 THE BOARD OF COMMISSIONERS FINDS THAT THE FOLLOWING STANDARDS ARE RELEVANT IN BALANCING THE INTEREST IN PROMOTING THE PUBLIC HEAL TH, SAFETY, MORALITY OR GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND SHALL GOVERN THE EXERCISE OF THE ZONING POWER.

PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY:

(A) WHETHER A PROPOSED CHANGE IN CONDITIONS WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:

Please see attached

(B) WHETHER A PROPOSED CHANGE IN CONDITIONS WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: Please see attached

(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED CHANGE IN CONDITIONS HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: Please see attached

(D) WHETHER THE PROPOSED CHANGE IN CONDITIONS WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS:

(E) WHETHER THE PROPOSED CHANGE IN CONDITIONS IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: Please see attached

(F) WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE PROPOSED CHANGE IN CONDITIONS:

Please see attached

3

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REZONING APPLICANT'S RESPONSE ST AND ARDS GOVERNING THE EXERCISE OF THE ZONING POWER

(A) Yes, approval of the proposed Change in Conditions Application will permit a use that is suitable in view of the use and development of adjacent and nearby property. The proposed residential development is compatible with existing uses and will further diversify housing options in the surrounding area.

(B) No, approval of the proposed Change in Conditions Application will not adversely affect the existing use or usability of any of the nearby properties. Rather, the proposed development will complement nearby employment and commercial uses.

(C) Due to the size, location, layout and dimensions of the subject property and the current economic climate, the Applicant submits that the property does not have reasonable economic use as currently zoned.

(D) No, approval of the proposed Change in Conditions Application will not result in an excessive or burdensome use of the infrastructure systems. The proposed development has frontage on Peachtree Industrial Boulevard with convenient access to both Sugarloaf Parkway and McGinnis Ferry with access to utilities.

(E) Yes, the proposed Change in Conditions Application is in conformity with the policy and intent of the Gwinnett County 2040 Unified Plan. The Property is within the Community Mixed-Use character area which specifically encourages apartments on the Property. Moreover, the 2040 Plan acknowledges shifting trends in housing preferences and encourages multi-family development.

(F) The Applicant submits that the high-quality of the proposed development, the Property's convenient location on Peachtree Industrial Boulevard near both McGim1is Ferry and Sugarloaf Parkway provide additional supp01ting grounds for approval of the Application.

EIVEDB

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Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber Christopher D. Holbrook Nkholas N. Kemper Shane M. Lanham Aus ten T. Mabe

- - - -- - - - - ~ - ~ --

Miih a1fe-j( Pieke1I's TiJcker; EtP ~

~11-_J~~NEJ'S ~ 1~ L~\~V _ - - -= ~ -- - ~ _ ~ - - - - - - - -

LETTER OF INTENT FOR CHANGE IN CONDITIONS APPLICATION OF 1630 PIB, LLC

Jeffrey R. Mahaffey Steven A. Pickens Catherine V. Schutz Thomas A. Simpson Andrew D. Stancil R. LeeTucker,Jr.

*Of Counsel

Mahaffey Pickens , Tucker, LLP submits this Letter of Intent and attached change in

conditfons application (the ''Application") on behalf of 1630 PIB, LLC. (the "Applicant") for the

purpose of requesting to modify existing zoning conditions on an approximately 16.068 acre

tract located on the easterly side of Peachtree Industrial Boulevard between McGinnis Feffy

Road and Sugarloaf Parkway (the "Property"). The Property is within close proximity to the

existing mixed-use development at the intersection of Peachtree Industrial Boulevard and

Sugarloaf Parkway as well as the Suwanee Station mixed-use development just to the north

within the City limits of Suwan~e.

The Property was zoned RM-24 in 2018 for a 200-unit multifamily community with

zoning conditions restricting it to use as an independent living retirement community with a 55+

age restriction for residents. The Applicant is requesting to modify conditions 1 (A) and 1 (B) to

remove the age restriction and allow the use of the Prope1iy for multifamily residential

apartments. The proposed change in conditions is consistent with the policy goals set forth in the

Gwinnett County 2040 Unified Plan (the "2040 Plan"). Specifically, the 2040 Plan designates the

Property as within the Community Mixed-Use Character Area which encourages apartments as a

potential development type . The Prope1iy is also located in very close proximity to multiple

employment centers off of Peachtree Crest Drive and Buford Highway (State Route 13) as well

as the regional employment center near the Infinite Energy Center which is less than five miles

away. The 2040 Plan provides that "Similar to many of the shifts in our economy, younger

people are broadly driving changes in how housing has historically been viewed. While owning a

traditional suburban detached single family home will continue to be very desirable, younger

generations are looking for more types of housing product options and for flexibility that

ownership is not able to provide." Moreover, the 2040 Plan discusses potential negative impacts

to a community when an area is dominated by a single housing type stating ''within housing, this

has emerged as a major threat to -our future success with a potential over-reliance· on detached

single family homes." According to _the 2040 Plan, 73% of housing units are sjn le-£ il B detached homes. This over-reliance on single-family detached housing leaves - wmnettD

"vulnerable to emerging shifts in housing preferences [which] are being driven by three overall

Sugarloaf Office 11 1550 North Brown Road, Suite 125, Lawrenceville·, Georgia 300

NorthPoint Office 11 11175 Cicero Drive, Suite 100, Alpharetta, Georgla 30022

TELEPHONE 770 232 0000

FACSIMILE 678 518 6880

JUL 0 2 2020

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CIC '20 02 3

factors: The Age of Our People, Changes in Ownership Preferences, [and] Changes m Household Sizes.,,

The Property would also have convenient access to the proposed Lower Suwanee Creek Greenway which would connect existing segments of the Suwanee Creek Greenway to the Western Gwinnett Bikeway which runs along Peachtree Industrial Boulevard. Ultimately, these trail segments will compose part of the proposed Loop Trail which is currently in the study and development phase. This pedestrian connectivity enhances the walkability of the community and the sutTounding area. Not only does walkability promote a healthy lifestyle, it also provides additional transportation methods helping mitigate traffic impacts of development.

The Applicant and its representatives welcome the opportunity to meet with staff of the Gwinnett County Department of Planning & Development to answer any questions or to address any concerns relating to the matters set forth in this letter or in the Applications filed herewith. The Applicant respectfully requests your approval of this Application.

This 1st day of July, 2020.

Respectfully Submitted,

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Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/2014

CHANGE IN CONDITIONS APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST A~TION BY THE BOARD OF COMMISSIONERS.

Shane M. Lanham, Attorney for the Applicant Type or Print Name and Title

Signature of Notary Public Nota~~~ ...... -Signature of Notary Pu c Date Notary Seal

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Gwinnett County Planning Division Change In Conditions Application

Last Updated 12/2015

.CHANGE.IN CdN.DITIONS PROPERTY OWNER'S CERTIFICATION _

THE UNDERSIGNED BELOW1 OR AS ATTACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

Signature of Property Owner J ·Date . .

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CIC '20 02 3

Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/2014

CONFLICT OF INTEREST CERTIFICATION FOR CHANGE IN CONDITIONS

The undersigned below, making application for a change in conditions, has complied with the Official Code of Georgia Section 36-67 A- I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided.

Type of Print Name and Title

Shane M. Lanham, Attorney for the Applicant

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS

Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $250.00 or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Commission?

DYES §]No Mahaffey Pickens Tucker, LLP Your Name

If the answer is yes, please complete the following section:

IRECEIVi ED B

Attach additional sheets if necessary to disclose or describe all contributions. JUL 0 2 2020

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Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/20 14

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR CHANGE IN CONDITIONS

THE UNDERSIGNED CERTIFIES THAT ALL GWINNETT COUNTY PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.

*NOTE: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST.

PARCEL I. . NUMBER: 7 207 085 (Mag District Land Lot Parcel

Signature f Applicant Date

e M. Lanham, Attorney for the Applicant Type or Print Name and Title

TAX COMMISSIONERS USE ONLY

(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW)

NAME TITLE

DATE

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7 CIC '20 023

Visitors can check wait times in advance here.

ACCOUNT DETAIL

Tax Account

Ma lllng Address: 1630 PIS LLC 3328 PEACHTREE RD NE STE 100

ATLANTA, GA30326-14BB

Ea.ctlil.ag~g~

SITUS:

1630 PEACHTREE INDUSTRIAL BLVD

Tax District:

COUNlY Unincorporated

[~;~~i~~~=~=~~-=Ji~~-~~~~;~~-=~::=~~~~~.:~-j~~;~-~~~~~~~~~-:~~~ :~::~~~ :.~:~--~- --~11 I R7207 OBS J Real Property 6/30/2020 11 :17:06 AM l .·- ·· ·····-··-'··-- ....... ... - -~~ - ·-··~ .-· --·.----- ----- ----- ----------------- --- -- --- ----- -- --- ·------·----

[----- -·--··----····- ·---· ·--··--·---·--· .... ..... ---·· -· ... -.............. .. -----·-·----·- -··- -·.-· .. ------··-··---- ·-··-·-·-·--··------··----1 Legal Description --------- - --------- - -----· - . . ... ··- .. .... ······. ······· ... -· -·· ··-··-· ·-·- ---- ----·· -- - --------TR { PEACHTREE IND BLVD -- ------------ --·· ----- ·-- - -----·-·----- ·--~- -- --- · . - ~~· - . ,., ... ··· ············· ..... ···-· . ~ ... ............ ., ........... ..-~ - ..... ·-······ ··· · -···-- ·- ·---.----.·-·-··--·

Tax Bills

Note: Four years of tax Information Is available onllne, Emal! ta><@gwlnnettcounty.com to request other

years.

Tax v::rJ ___ !:!:~. !-~~J To:~a~Penalty/Feesl Interest! Due Date I Amount Duel I El $16,657.78 $16,777.72 $0.00 $0.00 10/1512019 $0.00

El $16,724.38 $16,724.38 $0,00 $0.00 10/151201 B .$0,00

~ $16,853.58 $16,853.58 $0.00 $0.00 12/112017 $0.00

~ $15,164.14 $15,164.14 $0.00 $0.00 10/1512016 $0,00

Total ____ J $0.00 J

_________ __ _] Print Tax Bill

Ciiek to view and print your Aug 2019 tax bill.

*This blll is good through Oct 15, 2019 only.

Select Language I 'f j .. .. ___ _ - ·-------- --·- ·-·--

Copyright 2020 by Thomson Reuters I Site Map

View/Pay Your Taxes I Account Detail

Schedule Payments

[ Schedule Future Payments

........ ..... .• .•..•.. .•.. .. ... View or edit your Scheduled Payments here

Cilek heJ:g to cancel your Paperless Bllllng enrollment

gwinnettcounl/' -

Assessor's Office GIS & Property Recor d Detail -

ECEIVEDB

Administration Login

JUL 0 2 2020

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