80 Lester Rd .

Exhibit "B" Legal Description

All that tract or parcel of land lying and being in Land Lot 126 of the 6th District, Gwinnett County, Georgia and being 2.019 acres, Lester , being more particularly described as follows:

Commence at 1/2" inch rebar found on the northerly right-of-way line of Lester Road (right-of-way varies) located 141.41 feet westerly from its intersection with Sugarbrook Lane (SO foot right-of-way); thence South 24 degrees 27 minutes 59 seconds East a distance of 9.97 feet to a 3/8" rebar found on the northerly right-of-way line of Lester Road (right-of-way varies); thence continuing along said right­ of-way line along the arc of a curve to the left a distance of 174.64 feet; said arc having a radius of 485.76 feet and being subtended by a chord having a bearing of North 70 degrees 07 minutes 39 seconds West and a length of 173.70 feet to a point; running thence North 80 degrees 21minutes46 seconds West a distance of 40.10 feet to a 1/2" rebar found; thence leaving said right-of-way line and running North 24 degrees 26 minutes 59 seconds East a distance of 434.14 feet to 1/2" rebar found; thence South 65 degrees 30 minutes 48 seconds East a distance of 212.03 feet to a Yi" rebar found; thence South 24 degrees 27 minutes 59 seconds West a distance Of 399.92 feet to a 1/2" rebar found and the true point of beginning; as per of survey prepared for Riverwood Homes dated January 30, 2006 by SCI Development Services and certified by John A. Steerman, GRLS No. 2576, said plat of survey being incorporated herein by reference and made a part hereof.

RECE EDB 7

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CHANGE IN CONDITIONS APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE POWER PURSUANT TO REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE, 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: Yes. The elimination of the construction buffer will allow new single family homes to be built next to the existing subdivisions on both sides of the property which increases the value of nearby properties.

(B) WHETHER A PROPOSED CHANGE IN CONDITIONS WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: No. The proposed change in conditions will not affect adjacent property as they are all zoned residential.

(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED CHANGE IN CONDITIONS HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: f'l. , ~ The zoning of the property will remain the same. Medium Dense Residential

(D) WHETHER THE PROPOSED CHANGE IN CONDITIONS WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING , TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS: No. The addition of 12 single family homes will not cause an excessive use of existing streets.

(E) WHETHER THE PROPOSED CHANGE IN CONDITIONS IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: Yes. the proposed change conforms with policy and land use as it will remain R-ZT.

(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: Yes, the removal of the construction buffer will allow detention pond and storm water pipes to be installed in the construction buffer area. Removal of the front entrance masonry - U _ ing with shrubbery will help reduce carbon footprint.

CIC '20015 3 CHANGE IN CONDITIONS LETTER OF INTENT Of The Grand Summit LLC Regarding Property Located in Land Lot 126 of the 6th District known as 80 Lester Rd.

The development for 80 Lester Rd. is intended to be a 12 lot single family home . The property is approximately 2.02 acres with an abandoned home sitting near Lester Rd. Each home will be a minimum of 2,000 sq.ft. All dwelling units will have front entry double car garages, driveways will be a minimum of 16 feet in width and materials of the homes will be constructed out of brick, stacked stone or stucco in the front, with the balance of the home being either the same as the front or of wood, or fiber cement siding.

To successfully build this new subdivision a change in condition is needed to remove zoning condition (2a) the 20' -0" construction buffer adjacent to all adjacent properties. By removing the buffer this will allow for a properly sized detention pond with storm water pipes to be installed. We are also seeking to eliminate zoning condition (2f) Front entrance landscaping masonry wall which unnecessarily increases the carbon footprint of this development. We feel as though green landscaping could achieve the same results as the 4 foot tall masonry wall.

.~ l

rPt~ 0 7 20~ I , '2 Gwinnett County Planning Division Change in Conditions Application Last Updated 12/2015

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 ACTION BY THE BOARD OF COMMISSIONERS.

Signature of Applica~ Date

Type or Print Name and Title

ECElVED 'Y

F~3 0 7 2020

4 CIC '20015 Gwinnett County Planning Division Change in Conditions Application Last Updated 12/2015

CHANGE IN CONDITIONS PROPERTY OWNER'S CERTIFICATION

THE UNDERSIGNED BELOW, 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.

2/4 /~o~o Signature of Property Owner Date

Type or Print Nam~ and Title

~ 0 7 202

5 Gwinnett County Planning Division Change in Conditions Application Last Updated 12/2015

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 36-6 7 A-1, et. seq, Conflict of Interest in Zoning Actions. and has submitted or attached the required information on the forms provided. ~ b{ ~~ - o ~ ,.rf ~7 ~ M~eD" 3t s Date Type of Print Name and Title

Signature of Applicant's Date Type or Print Name and Title Attorney or Representative

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?

DvEs ~o Your Name

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

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION WAS POSITION OF (List all which aggregate MADE GOVERNMENT OFFICIAL to $250 or More) (Within last two years)

fEH 6 I '20015 ,• Gwinnett County Planning Division Change in Conditions Application Last Updated 12/2015

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 l.D. NUMBER: J~h 6t~boot (Map Reference Number) District Land Lot Parcel

Date

Type or Print Name and Title

***PLEASE TAKE THIS FORM TO THE TAX COMMISSIONERS OFFICE AT THE GWINNETT JUSTICE AND ADMINISTRATION CENTER, 75 LANGLEY DRIVE, FOR THEIR APPROVAL BELOW.***

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

BEL~~ - -,-.;,,A- { (_ . NA ~ TITLE IJ-- j~ J ~o a-o ATE nne&Be

n:g o1 2020 7 Cl '20015 ,.

CASE NUMB R RZR- 07 - 009 GClD 2007 - 04 25

BOARD OF COMMISSIO. ERS

GWINNETT COTJNT 'f

LAt~RENCEVILLE , GEORG_A

RESOLUTI ON

RE_ DING AND ADOPTION:

At he r egular meeting of the Gw innett County Board of Comrnissione.:_s , he ld .: n the Justh,'.e a d Adrninistrat · on enter Aud i tor ·um, 75 La ngl ey Drive., Lawrencevil e, Georgi a.

Presej; t VOTE

C arles Bannister, Chairman AYE Lo rraine Green, Di strict 1 AYE Alber asut ' , Di str'c~ 2 AY~ M'chae l Beaudreaur Distr'ct 3 AYE Kevin Kenerl y, o:st r ic~ 4 A,YE

On motion o ~ COMM . NASUTI , wh'ch carried 5 ~ 0, the following r esolution was adopt ed :

RESOLUTION TO AMEND THE OFFICIAL ZONI G MAP

WH R AS, the Municipal-Gwinnet County Pl anning C mmis io .

as h l d a d u y .advertised pub J.C heari ng and has file , a formal

recommendation with the Gwinnett Co nty Board of Commissi oners

upon an Application to .A..mend t h e Of ici a l Zon · ng f'i_ap f r om

M-1 to R- ZT by ARNOLD D EVELOJ?M Ei_~T, _:,C _. f or the propos.ed

use o ~ SINGLE-FAMILY. SUBDI VI SI ON (RE D C '"I ON IN BUFFERS) on a tract

of land d~scribed by t e ·attached _ega desc iption, which

CIC '-20015 CASE NU _'1BER RZR- 7-00 9 GCID 2007-0425

is incorporated herein and made a part hereof b reference; and

WHER::::As / notice to the publ ic regarding said Amendn ent to

the Of£'cial Zoning 4ap has been duly published in THE GW I NNETT

D.ZULY POS'.: I t Official News Organ of G~:nnett County ; and

WHEREAS, a public hearing was held by the Gwinnett County

Board of Commissioners on MARCH 27, 2007 and ob 'ections were not

filed .

NOWr THEREFORE, BE I_ RESOLVED by the Gwinnett County Board

of Commissioners his t ie 27TH day of RCH 2007, t at the

aforesa~d application to a end t he Official Zoni ng Map from

M- 1 to R-ZT is erey APPROVED subject o the fol low.:..ng

enumerated cond'tions:

1. To restrict the use of ne prope~ty as ollows :

A. Single- fam"ly detached dwelli1gs and accessory use~ and structures with a maxi u of 12 homes.

B. 'nirnum hea · e floor .area per dwelli g uni t :shall be 2 , 000 square feet .

C. All dwell'ng un s shall have double-car garages . Wh ere ga -ages are f ront- e ry, dr:veways S)all be a minimum of 16 feet in widt' .

D ~ Homes s hall be constructed w i ~h f r ont facades of stacked stone or s u co. The balance of the home may be the same or of wood or fiber-cement s'.d'ng. CASE UM BER RZR-07-009 GC ID 2007- 0425

2~ To sat~sfy th fol l o~ing s~ e devel opment cor s :derati ons:

A. Provide a 0-foo constru ~ ti n buffer ad'ace t to all external proper t y lines.

B. All tili- 'es shall be underg ound.

C. Al l lots shall conta'n a min~rnum o two e ciduous trees, m'nirn 3 i nches 'n ca liper .

D. A l grassed a r eas ~ h al _ be s odde a.

~ « -umber and locat:ons o - dr've~ays -b' ect to Gw'nnett County DOT approval .

F. Provide a wall with l a dscaping on bot sides o the entrance, wa 1 shall be a minim~ of 4 fee t a ll wi t h th ee masonry columns, constructed of s o· e or s t ucco as shown on the s ' te pan.

°'W I N ~ETT co rTY BOARD OF co _us.srm ERS

By: - i r rna n

Date Si gned :

ATTEST: EXHIBrT "N' LEGAL DES CRIPTlON

All that tract or parcel of I.and lying and being in Land Lot 126 of the 6th District of

Gwinnett County 1 Georgia consisting of 2.02 acres, more or less, and being Gwinnett County Tax P.arcel No. 6-126-001, and bei.ng more accurately shown on that certain sfte plan for Arnold Development, Inc. , prepared by SCI Development Services by John A. Steerman (Georgia Registered Land Surveyor No. 2576) , dated April 5, 2006, and being more particularly described according to said survey as follows:

BEGINNtNG at a point marked by a Y2 11 rebar found at the southwesterly corner of Lot 70 (as shown on that certain plat of survey for Woods of Sweetwateri recorded at Plat Book 51; Page 223, Gw'innett County records) and which is also the southeasterly corne.r of the subject tract, run thence South 24 degrees 27 mjnutes 59 seconds West a distance o.f 399.92 feet to a point; run thence South 24 degrees 27 minutes 59 seconds West a distance of 9.97 feet f,o a point located on the easterly right-of-way line of Lester Road (RNV Varies); run thence along the aforesaid right-of-way line afong the arc of a curve to the left an arc distance of 17 4.64 feet to a point1 said arc havlng a radius of 485. 76 feet and a chord be.a ring and dis1ance of North 70 degrees 07 minutes 39 seconds West 173.70 feet; continue thenoe along the aforesaid right-of-way line North 80 degrees 21 minutes 46 seconds West a distance o.f 40.10 feet to a point leaving the aforesaid right-of-way line run thence North 24 degrees 26 minutes 59 seconds East a distance of 434.14 fe,et to a point marked by a % ' ~ rebar found ; run thence South 65 degrees 30 minutes 48 seconds East a distance of 212.03 feet to a point, said point marking the TRUE PLACE OR POINT OF BEGINNING.

3 RZR 07 0 09 1rPn ~~ ~ ~~ fD) t j . 1 G\ r r~NETT F' ~.AN NH'm rnyrsroN