Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA.

APPLICANT INFORMATION I . PROPERTY OWNER INFORMATION*

NAME: Proterra Development, LLC NAME: Proterra Development, LLC

ADDRESS: 133 Johnson Ferry Rd. ADDRESS: 133 Johnson Ferry Rd.

ciTY: Marietta ciTY: Marietta

STATE: GA ZIP: 30060 STATE: GA ZIP: 30060 PHONE: 404 707-7775 PHONE: 404 707-7775

CONTACT PERSON: WDiehl@tokn.com PHONE: 770-925-0111

coNTAcrs E-MAIL: WDiehl@tokn.com

APPLICANT IS THE:

DowNER'S AGENT llllPROPERTY OWNER DcoNTRACT PURCHASER

PRESENT ZONING DISTRICTS(S): R-75 REQUESTED ZONING DISTRICT: R-TH

PARCEL NUMBER(S): 6144 517 ACREAGE: 2.29 . ADDRESS OF PROPERTY: 000 Mimosa Drive (Formerly 411 Mimosa Dr.)

PRoPosED DEVELOPMENT: 18 Unit Town Home Community

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

No. of Lots/Dwelling Units _1_8 ___ _ No. of Buildings/Lots: ___ __ _

D II . u . s· (S F ) +!- 2, 112 sq/ft we mg nit 1ze q. t.: ____ _ Total Building Sq. Ft. ______ _

Gross Density: 7.9 DU/AC Density: _________ _

Net Density: 7 .9 DU/Net AC

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

2

I

LEGAL DESCRIPTION

MIMOSA DRIVE PROPERTY

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 144, 6th

District, Gwinnett County, Georgia, being more particularly described as follows:

The Point of Beginning is at the northeast corner of the intersection of the right

of way of Mimosa Dr (Right of Way Varies), and Fire Fly Court Right of Way 50').

From that point of beginning thence along the R/W of Fire Fly Ct. N49* 32' 22" W,

91.19' to a point; Thence N29* 15' 47" W, 49.97' to a point; Thence N38* 13' 08"

W, 18. 75" to a point; Thence N29* 15' 47" W, 198.61' to a point; Thence N 60* 44'

13" E, 324.46' to a point; Thence S 27* 32' 14" E, 240.9' to a point; Thence 534 *

44'13" W, 272.33' to a point; Thence S 71 * 58' 45" W, 38.66' to a point, said

location is the Point of Beginning. Said tract contains 2.27 acres.

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PROTERRA DEVELOPMENT LLC'S RESPONSE TO ST AND ARDS GOVERNING THE EXERCISE OF ZONING POWER

A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUIT ABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:

Yes. The Property is boarded by residential properties. On the west and east the site is boarded by R-75 subdivisions and on the east by R-60 subdivisions. Directly across from Mimosa Drive is Parkview Grove, which is zoned RZT. Approximately 450 ft. south on Mimosa Drive of the Property is the Oak Hill Townhomes development, which is zoned RTH.

B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY:

No. This proposal is in keeping with the existing land use and will not materially contribute additional traffic or strain on existing public infrastructure. Appropriate setbacks along boarders with residential properties will be in place to ensure that the Property does not affect neighboring property owners' use of their properties.

C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS A REASONABLE ECONOMIC USE A S CURRENTLY ZONED:

No. The Property is a former landfill site that was placed on the Hazardous Site Inventory in 1994. Since then, the Property, though zoned for residential use, has been vacant. The Applicant has obtained a corrective action plan (which is attached to the Application) and is ready to remediate environmental concerns on the Property, thereby allowing for a residential use of the Property. The costs of remediation, however, make development of a R-75 residential neighborhood of approximately five (5) lots unfeasible. By rezoning the property to permit the construction of additional residences, however, the proposal allows for more affordable and economically viable price points than a R-75 development would allow.

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

No. The Property is located in an area with public water and sewer availability and access to Lawrenceville Highway by Mimosa Drive. The proposal adds only eighteen ( 18) residential units to the area. As previously stated, this use and density is consistent with the use and density of the surrounding properties. The additional residential units will not materially burden public infrastructure. ~ ~

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E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN:

Yes. The 2040 Unified Plan identifies the Property as within a Vibrant Communities area. This classification calls for higher densities and market-based housing options that allow for transition between intensive activity areas and traditional suburban environments. The proposed rezoning is consistent with that objective and allows for transition between regional activity centers on Lawrenceville Highway and the surrounding residential areas.

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 REZONING.

There are additional grounds for approving this proposed rezoning. As part of this project, the Applicant has obtained a corrective action plan and will undergo extensive remediation efforts to develop the property. Without rezoning to allow for greater residential density, development and remediation of the property is not economically viable. Without rezoning, the Property will remain vacant and the environmental problems on the Property will go unaddressed.

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EXISTING SANITARY SEWER COLLECTION

LINE

POSSIBLE REROUTING OF SANITARY SEWER TO ALLOW A

GREEN STORM POND IN THE OPEN SPACE

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DEVELOPER: PROTERRA DEVELOPMENT

6' HIGH SOLID WOOD FENCE

\ \

133 JOHNSON FERRY RD., SUITE 500 MARIETIA, GA 30060 CONTACT: FELIPE CASTELLANOS PHONE: (404) 707-7775

PROPOSED BUILDING ELEVATIONS

filif...lli1IEl 1- SITE AREA+/- 2 .. 27 ACRES 2- PROPOSED TOWNHOMES-18 UNITS

TWO CAR GARAGE/Tl'vO SPACES ON DRIVEWAY 1o·x10· COVERED PATIO WITH ADDITIONAL +/-6X20 OPEN PATIO/DECK

3- SITE DENSITY IS 7 .9 UNITS PER ACRE 4-PARKING

UNIT PARKING-2 CAR GARAGE, 2 SPACES ON DRIVEWAY, 72 SPACES GUEST PARKING - 6 STANDARD SPACES WITH 1 HANDICAPPED , 7 SPACES TOTAL PARKING 79 SPACES (4.4 SPACES/UNIT)

5- SITE WILL REQUIRE ENVIRONMENTAL REMEDIATION RESULTING IN CLEARING THE PROPERTY AND IMPORTING CLEAN SOIL.

6- SITE WILL BE SERVED BY GWINNETI COUNTY WATER RESOURCES.

~ CONCEPT REZONING PLAN

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PORTION OF THE SITE IS A BROWNFIELD AND WILL REQUIRE MEDIATION. SEE THE ATTACHED COPY OF THE

REMBATION PROCESS.

CLIENT REPORTS FROM ON SITE ENVIRONMENTAL INVESTIGATION THAT REMEDIATION OF THE EXISTING

SOIL WIU BE REQUIRED TO AUOW DEVELOPMENT .. THE REMEDIATION WILL REQUIRE THE CLEARING OF

THE ENTIRE SITE.

R-75 EXISTINGqONING '"";~'1"~~"" I '"'"'-" l'n 1111.l'.'C:J5

R-75 EXISTING ZONING

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PATHE OF SEWER MAY

REQUIRED BUFFERS FOR RTH ZONING ADJACENT TO R-60 (25') ANDR-75(30')

NEED TO BE ALTERED \ DUE TO SITE REQ

PUBUCWATCRSYSTCM \ AVAILABLE ALONG MIMOSA DRIVE

DEVELOPER: PROTERRA DEVELOPMENT I 33 JOHNSON FERRY RD ., SUITE 500 MARIETTA, GA 300GO CONTACT: FELIPE CASTELLANOS PHONE : (404) 707-7775

CD SITE ANALYSIS

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THOMPSON O'BRIEN

Thompson, O'Brien, Kemp & Nasuti, P.C.

June 11, 2020

VIA THE DEPARTMENT OF PLANNING & DEVELOPMENT Gwinnett County Board of Commissioners Attn: Director of Planning and Development 446 West Crogan Street Lawrenceville, GA 30046-2440

Attorneys at Law

William J. Diehl WDiehl@tokn.com

RE: Letter of Intent Pertaining to Proterra Development, LLC's Development of Mimosa Drive, Tucker, Georgia

To the Board of Commissioners, Planning Commission, and Planning Staff,

With great pleasure, we submit this Letter of Intent on the behalf of Proterra Development, LLC (the "Applicant"), which is being provided in connection with the corresponding Application for Rezoning. The subject property is an approximately 2.3-acre lot located on Mimosa Drive (Parcel Identification Number 6144 517) (the "Property"). The Applicant seeks a rezoning of the Property from R-75 to R-TH.

The proposed rezoning is a part of the Applicant's plan for environmental remediation and development of town home community located within a portion of a former landfill, which is currently listed in the Georgia Department of Natural Resource's Hazardous Site Inventory. Before the Property can be developed, a developer must engage in extensive environmental remediation efforts, which will be reviewed and supervised by the appropriate agencies. For this reason, the Property has been left vacant (and the environmental dangers unaddressed) for decades, despite the Property's access to major economic-activity centers surrounding 1-85 and Lawrenceville Highway. Rezoning to R-TH is necessary for the Applicant to develop in a manner that is economically viable, as the higher density use will allow the costs of the environmental remediation to be spread across a greater pool of units.

Not only is the R-TH zoning necessary to remediate the environmental concerns it is also consistent with the surrounding area and the County's Uniform Plan. The Property is ad ~ ED BY

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Mimosa Drive Rezoning June 11, 2020

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R-75 and R-60 developments. Within the surrounding 500 ft. area, there are RTH and RZT

developments, including the Oak Hill Townhomes and Parkview Grove developments.

The development plan for the Property is based on the current RTH zoning, as defined in

the Gwinnet County Unified Development Code (UDC). The entire site is located within the

Vibrant Communities Character Area of the 2040 Unified Plan. This character area calls for

higher densities and market-based housing options that allow for transition between intensive

activity areas and traditional suburban environments. The Applicant's proposed development

accomplishes this. It allows for the development homes on a vacant lot only a short distance from commercial activity on Lawrenceville Highway.

The proposed development will involve the construction of eighteen (18) town homes.

The Property fronts Mimosa Drive, with a frontage of 282.07 feet. The Property will require a

variance, as one of the units will minimally intrude into the front setback from Mimosa Drive.

The area intruding into the setback space contains only a few square feet and predominately

contains outside living spaces.

The homes will be built in four (4) separate buildings with no more than (8) units to each

building, in compliance with the UDC. The homes will be placed around a community green

space that will incorporate green-stormwater facilities and community space. Each home will

have a front entry, two-car garage and have four parking spaces per developed home. The homes

will incorporate stylistic architecture that is consistent with surrounding developments, being

three stories and having approximately 2,745 sq/ft of usable heated floor space exclusive of the

garage areas. Moreover, the surrounding green space will be designed to incorporate community

amenities as well as green-storm water detention facilities.

The Applicant and its representatives are excited to present this project to the Board of

Commissioners, the Planning Commission, and the Department of Planning & Development.

The proposed rezoning will allow for a vacant and environmentally hazardous site to be

remediated in accordance with Georgia law and redeveloped into a healthy, exciting, and

innovative community at an economically viable price-point. For these reasons, the Applicant

requests that its rezoning application be approved.

Very truly yours,

THOMPSON, O'BRIEN, KEMP & NASUTI, P.C.

ttr~IVEDBY Isl William Diehl '20 0 2 2 William J. Diehl JUN I 7 2020

Plannfng&Devefopment

Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

REZONING 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.

Felipe Castellanos, Acting Partner Type or Print Name and Title

Notary Seal

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Gwinnett County Planning Division Rezoning Application

Last Updated 12/201 5

REZONING 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.

Signature o

Felipe Castellanos, Acting Partner Type or Print Name and Title

Notary Seal

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Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezoning, 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 r attached the required information on the forms provided.

Felipe Castellanos.Partner

TYPE OR PRINT NAME AND TITLE

ti/~OdD William John Dlehl , Attorney

SIGNATURE PLICANT'S DATE TYPE OR PRINT NAME AND TITLE ATTORNEY OR REPRESENTATIVE

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?

DvEs liJ NO IeLp.e. Lz.~lf al.\oS YOUR NAME

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

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION POSITION OF (List all which aggregate to WAS MADE

GOVERNMENT OFFICIAL $250 or More) {Within last two years)

Attach additional sheets if necessary to disclose or describe all contributiorl t:CEIVED BY

JUN I 7 2020

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Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. 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: (Map Ref rence Number)

Signatur of Applicant

6th 144 6144 51 District Land Lot Parcel

Felip Castellanos, Acting Partner 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 BELOW)

NAME

DATE

7

TITLE

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6/16/2020 GwinnettTaxCommissioner > View/Pay Your Taxes > Account Detail > Bill Detail

We are open 8 a.m. to 5 p.m. weekdays; Lawrenceville will resume its Tuesday-Saturday schedule the week of June 23 ..

Visitors can check wait times in advance here.

BILL DETAIL

[--Tax Accou ~t---- --

Mailing Address: BUGENDAI CONSTRUCTION

0 MIMOSA DR

TUCKER I GA 30084

Parcel ID

R6144 517

Legal Description

PARCEL C GOBER ESTATES

View/Pay Your Taxes I Account Detail I Bill Detail

SITUS: 0 MIMOSA DR

Tax District:

COUNTY Unincorporated

Property Type Last Update

Real Property 6/1 6/2020 11 :02:22 AM

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1Ta~ Val~ e-~·--·-----·------·-------- -------·----- - --- ---- --- - RECEl,V,~o-ev:·-··- -- --1

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Description Market Value Asi~~ Id • ~~.

Planning&Development

https://gwinnetttaxcommissioner.publicaccessnow.comNiewPayYourTaxes/AccountDetail/BillDetail.aspx?p=R6144 517&a=3663641 &b=23935482&y=... 1 /3

6/16/2020 GwinnettTaxCommissioner > View/Pay Your Taxes > Account Detail > Bill Detail

Description

Land

Improvement

Total

I Class Codes

L __ . __ ---------------- - ·-·· ··---- ---

,--------Assessments

Operation

County UnincorQorated Taxes

School Taxes

STATE OF GEORGIA TAXES

Bond

County UnincorQorated Taxes

School Taxes

Market Value

$61,300.00

$0.00

$61,300.00

Assessed Value

100-Residential Vacant

Sub Tota l

Sub Tota l

Total Tax .

$24,520.00

$0.00

$24,520.00

Net Tax­

$326.57

$483.04

$0.00

$809.61

Net Tax

$0.00

$46.59

$46.59

$856.20

Savings:

$0.00

$0.00

$0.00

$0.00

Savings!

$0.00

$0.00

$0.00

$0.00

0 :::J ' ~ -

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

Tax Insta llment Information

Period Bill Number Due Date Tax Year Tax Penalty/Fee Interest Total Due

INST 1 23935482 10/15/2019 2019 $0.00 $0.00 $0.00 $0.00

Total Due: $0.00 $0.00 $0.00 $0.00

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RZM '20 · 2 2 https://gwinnetttaxcommissioner.publicaccessnow.comNiewPayYourTaxes/AccountDetail/BillDetail.aspx?p=R6144 517 &a=3663641 &b=23935482&y= .. . 2/3

6/16/2020 GwinnettTaxCommissioner > View/Pay Your Taxes > Account Detail > Bill Detail

Tax Year Bill Number Receipt Number Amount Paid last Paid

2019 23935482 819.134130 $6.12 12/1 /201 9

2019 23935482 B19.127774 $856.20 11 /1 /2019

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