Gwinnett County Planning Division
Change in Conditions Application
Last Updated I 2/20 I 5
CHANGE IN CONDITIONS APPLICATION
AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GEORGIA
APPLICANT INFORMATION
PROPERTY OWNER INFORMATION*
NAME: Bret Skirvin - Site Enhancement Services
ADDREss:
CITY:
NAME:
6001 Nimtz Parkway
ADDREss:
South Bend
PHONE:
46601
ZIP:
30067
GA
ZIP:
770-693-2258
PHONE:
STATE:
574-232-7471
CONTACT PERSON:
coNTAcTs E-MAIL:
171 Village Parkway
Marietta
CITY:
IN
STATE:
Hamilton Mill Retail II, LLC
Bret Skirvin
PHONE:
574-232-7471
bas@sesbranding.com
APPLICANT IS THE:
D
1111 OWNER'S AGENT
ZONING DISTRICTS(S):
PARCEL NUMBER(S):
PROPERTY OWNER
C-2
D
PRIOR ZONING CASE:
1001-032
ADDREss oF PROPERTY:
CONTRACT PURCHASER
RZC-05-054
ACREAGE:
_0_.9_8_7____
2744 Hamilton Mill Rd., Buford, GA 30519
PROPOSED CHANGE IN CONDITIONS:
ReViSe SeCtion 3(0)(0.1)
RESIDENTIAL DEVELOPMENT:
NON-RESIDENTIAL DEVELOPMENT:
_N_/_A___
N/A
1 bldg/1 lot
NO. OF LOTS/DWELLING UNITS:
NO. OF BUILDINGS/LOTS:
DWELLING UNIT SIZE (Sq. Ft.):
TOTAL GROSS SQUARE FEET: _ _ _ __
GROSS DENSITY:
NET DENSITY:
42993.72(.987 acres)
N/A
-------------
DENSITY:
.987 acres/lot
N/A -------
PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED
CEIVED BY
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Gwinnett County Planning Division
Change in Conditions Application
Last Updated I 2/20 I 5
CHANGE IN CONDITIONS APPLICANT'S RESPONSE
STANDARDS GOVERNING THE EXERCISE OF THE ZONING 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 HEALTH, SAFETY, MORALITY OR
GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND
SHALL GOVERN THE EXERCISE OF THE ZON ING 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:
See attachment
(B)
WHETHER A PROPOSED CHANGE IN CONDITIONS WILL ADVERSELY AFFECT THE
EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY:
See attachment
(C)
WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED CHANGE IN CONDITIONS
HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED:
See attachment
(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:
See attachment
(E)
WHETHER THE PROPOSED CHANGE IN CONDITIONS IS IN CONFORMITY WITH THE
POLICY AND INTENT OF THE LAND USE PLAN:
See attachment
(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:
See attachment
CiC '16 02 5
RECEIVED BY
AU 0 9 201
3
Pla i g & eve\ pment
1 August 2016
Advance Auto Parts
2744 Hamilton Mill Road
Buford, GA - Gwinnett County
Use Permit Analysis
Pursuant to Section 3(D)(D.1) of the Conditions of the Zoning Map amendment case RZC-05 054 , dated October 25, 2005, th e sizes and amount ofsignage shall not exceed the requirements of the Sign
Ordinance, Advance Auto Parts is seeking approval for a Change In Conditions to allow signage to exceed
the requirements of the Sign Ordinance when a sign variance is granted by the Board of Appeals.
Existing condition: Except as contained herein, sizes and amount of signage shall not exceed the
requirements of the Sign Ordinance.
Proposed change: Except as contained herein, sizes and amount of signage shall not exceed the
requirements of the Sign Ordinance unless a sign variance is applied for and granted by the Gwinnett
County Board of Adjustments.
These are the standards that must be upheld in order for the Board of Commissioners to approve this
request.
(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:
The proposed CIC will permit a use that suitable to the use and development of adjacent and
nearby property. The condition that is proposed to change was put in place when this property
was rezoned from RA-200 (Agriculture-Residence District) to its current zoning of C-2 (General
Business). This rezoning was applied for in order to accommodate future commercial
developments, which resulted in Advance Auto Parts electing to develop the property for autoretail. It is the expectancy of motorists to see and utilize signs for wayfinding in corridors that
have a cornn1ercial presence. Conm1ercial businesses need to be able to provide advance
notification of their property to motorists traveling the corridor in order to attract business and
promote safe .wayfinding. The proposed CIC would allow businesses to apply for relief from the
sign ordinance when unique circumstances arise from property characteristics. Gwinnett County
has an established process for this, and allows the Board of Adjustments to make determinations
on requests that exceed the sign ordinance when the applicant otherwise would face hardships.
This is standard practice for Cot1lli1ercially zoned properties, and the existing conditions limit
future commercial developments to be afforded the same process, which could eventually effect
the use and development of the property in an adverse way.
(B) Whether a proposed change in conditions will adversely affect the existing use or
usability of adjacent or nearby property:
CiC '16 02 5
6 0 0 1 N I 11 T Z P ~-\ R K \\1 A Y, S 0 U T H BEND , INDI AN A 4 6 6 2 8
TEL. 1.800.599 .8 121
F .AX 5 7 4.23 7 .6166
RECElVED BY
9 2016
\an \ng & eve\opment
If approved, the proposed CIC will have no adverse effect on the existing use or usability of
adjacent or nearby property. The CIC would in fact allow a use that is already allowed by nearby
properties. By approving the proposed CIC, the Board of Commissioners would be granting
businesses that utilize this property the right to apply for a sign variance. This would have no
effect on the use or usability of nearby property. It allows the business effected by these
conditions the ability to propose signage above the code allowance, but only if the Board of
Adjustments determines that the request meets all the necessary criteria that prove code compliant
signage would result in unnecessary hardships, and would have no detrimental effects on the
surrounding area. Denying a commercial business the right to apply for this process can only do
the business harm. The Board of Adjustments was put in place to allow necessary signage when
it' s deemed necessary, and when the benefits outweigh the negatives. If they determine that the
proposal would be of any detriment to neighboring business, then the request would be denied.
Prohibiting a business from pursing this process altogether could potentially compromise traffic
safety due to inadequate signage.
(C) Whether the property to be affected by a proposed change in conditions has
reasonable economic use as currently zoned:
As cunently zoned, the property in question does not have the ability to utilize the variance
process for signs. This effects the property's reasonable economic use, as insufficient signage can
negatively impact a business. The ability to apply for a variance is a legal process that all
conm1ercial properties are entitled to, except where specific conditions prohibit it. In this
particular case, this is a condition that was put in place back in 2005 , and hasn ' t been addressed
since because no problem has arisen that could potentially be resolved through a sign variance
until more recent development of the property.
(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:
The proposed CIC will in no way result in a use that will or could cause an excessive or
burdensome use of existing streets, transportation facilities , utilities or schools. The CIC would
only enable a business to apply for a variance for signage, which (signage) is already pennitted by
the existing conditions subject to the Sign Ordinance. Signage helps facilitate the use of streets
and promote traffic safety, but would not cause excessive or burdensome use of the streets.
(E) Whether the proposed change in conditions is in conformity with the policy and
intent of the land use plan.
The proposed CIC is in confonnity with the policy and intent of the land use plan. Approving
the proposed ere will not allow anything that is not already allowed within commercial districts
throughout the county. Allowing a business to variance for a sign does not allow a business to
install excessive signage that would not be in conformity with the policy and intent of the land use
plan. This only allows a business to install appropriate signage when the Board of Adjustment
determines that a variance request is in line with the policy and intent of the land use plan.
(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:
All of the other conditions under condition 3(D)(D.2-D.5) support the approval of the
changing of condition 3(D)(D.l). Conditions D.3-D.5 specifically regulate signage beyond the
Sign Ordinance allowance. These additional limitations imposed by the existing (and unchanging)
conditions could potentially increase the likelihood of a businesses need for a sign variance.
Amending condition D. I to allow for a variance enables a business to address signage issues while
still satisfying all of the other conditions that were originally put in place.
CIC ,16 02
RECEIVED
Y
2
lan 1inQ &Oevelopmen1
08/02/2016
Gwinnett County
7 5 Langley Drive
Lawrenceville, GA 30045
RE: Request for a Change in Conditions of case number RZC-05-054 on behalf of Hamilton
I\Jfill Retail II, LLC .
To whon1 it may concern:
This proposed Change In Conditions application is being submitted to amend the conditions
of the previous resolution, which was adopted October 25th of 2005. The only condition
that is proposed to change is Condition 3, subsection D.1 under signage. The existing
language reads as follows: Except as contained herein, sizes and amount rif signage shall not exceed t!Je
requirements rif the Sign Ordinance. The proposed Change In Conditions application is
requesting the addition of the following language to be added to the end of the
aforetnentioned condition: ... z111less a sign variance is applied for and granted 0; the Gu;innett Coun!JI
Board rif Acij.ustments.
This packet contains the items discussed with staff as necessary for a complete submittal. If
there is anything else needed in order for a complete application, please let me know and I
will get it to you promptly. Our intention is to be on the October agenda for the Board of
Cotnmissioners.
CIC l16 02 5
Bret Skirvin
Site Enhancement Service
(T) 574.232.7471 (F) 574.229.4532
Email: bas@sesbranding.com
CE IVED
Y
1
AUG ~ 9 2016
Planning Development
6001 NIMTZ PARI<WAY, SOUTH BEND, INDIANA 46628
TEL. 1.800.599 . 8121
FAX 574 . 237 . 6166
Gwinnett County Planning Division
Change in Cond it ions Application
Last Updated 12/20 IS
CHANGE IN CONDITIONS APPLICANT'S CERTIFICATION
THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE TH IS APPLICATION. THE
UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING
THE SAME LAND SHALL BE ACTED UPON W ITH IN 12 MONTHS FROM THE DATE OF
LAST ACTION BY THE BOARD OF COMM ISSIONERS UNLESS WAIVED BY THE BOARD
OF COMM ISSIONERS. 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 COMM ISSIONERS.
8/2/2016
Date
Signature of Applicant
Bret Skirvin as agent to property owner
Type or Print Name and Title
Notary Seal
CIC '16 02 5
RECEIVED BY
4
Plan ing & evel pment
Gwinnett County Planning Division
Change in Conditions Application
Last Updated 12/201 5
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 COMM ISSIONERS.
Date
Type or Print Name and Title
CIC
~16
02 5
CEIVE
/\ tl b
5
9 201
BY
Gwinnett C ounty Planning Division
C hange in C onditions Application
Last Updated 12/20 I 5
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 Z oning Actions, and has submitted or
attached the required information on the forms provided.
·;?/ Signature of Applicant
Signature of Applicant's
Attorney or Representative
8/2/1 6
Bret Skirvin - agent to property owner
Date
Type of Print Name and Title
Date
Type or Print Name and Title
\,~~·
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Notary Seal
Signatl:ile of Np tary Public
~
D ISCLOSURE 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 C ommissioners or a member of
the Gwinnett C ounty Planning C ommission?
DYES
0No
Bret Ski rvin
Your Name
If the answer is yes, please complete the following section:
NAME AND OFFICAL
POSITION OF
GOVERNMENT OFFICIAL
CONTRIBUTIONS
(List all which aggregate
to $250 or More)
DATE CONTRIBUTION
WAS MADE
(Within last two years)
N/A
N/A
N/A
Attach additional sheets if necessary to disclose or describe all contributions.
1
CIC 16 02 5
6
REC IVE
Allh ~ 9 201
Plan ing
De e\ pment
Gwinnett County Planning Division
Change in Conditions Application
Last Updated 12/20 I 5
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.D. NUMBER:
(Map Reference Number)
1
001
District
Land Lot
032
Parcel
8/2/2016
Date
Signature of Applicant
Bret Skirvin as agent to property owner
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
RE RENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED
BY HE Sl
ATU
BELOW)
DATE
RECEIVED BY
CIC '16 02 5
7
AUG ~ 9 2016
Planning & Development
Gwinnett County Planning Division
Change in Cond itions Application
Last Updated 12/20 I 5
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.D. NUMBER:
(Map Reference Number)
001
1
District
024A
Land Lot
Parcel
8/2/2016
Date
Signature of Applicant
Bret Skirvin as agent to property owner
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
R
RENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED
B THE SIG
UR
ELOW)
NAME
51 sJ llo
DATE
R CEIVED BY
!\ \Jlj
7
(1)
9 2016
Planning & Development
Gwinnett County Planning Division
Change in Cond itions Application
Last Updated 12/20 15
VERIFICATION OF CURRENT PAID PROPERTY TAXES
FOR CHANGE IN CONDITIONS
THE UNDERSIGNED CERTIFI ES THAT ALL GWINN ETT COUNTY PROPERTY TAXES
BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE
TAX COMM ISSIONER OF GWINN ETT COUNTY, GEORG IA. 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.D. NUMBER:
(Map Reference Number)
1
001
District
856
Land Lot
Parcel
8/2/2016
Signature of Applicant
Date
Bret Skirvin as agent to property owner
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
(PAYM ENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE
REF
ENCED PARCEL HAVE BE N VERIFIED AS PAID CURRENT AND CONFIRMED
E SIG ATU
BELO
BY
I
Oc,~
vc
?,fh \ M
~-0vV'tG( Ass u Ct6-Av
TITLE
RECEIVED Y
DATE
C!C '16 02 5
7
Planning & Development
Gwinnett County Planning Division
Change in Conditions Application
Last Updated I 2/20 I 5
VERIFICATION OF CURRENT PAID PROPERTY TAXES
FOR CHANGE IN CONDITIONS
THE UNDERSIGNED CERTIFIES THAT ALL GWINN ETT COUNTY PROPERTY TAXES
BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE
TAX COMM ISSI ONER OF GWINN ETT COUNTY, GEORG IA. 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.D. NUMBER:
(Map Reference Number)
001
1
District
Land Lot
857
Parcel
8/2/2016
Date
Signature of Applicant
Bret Skirvin as agent to property owner
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
(PAYM ENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE
REFERENCED PARCEL HAVE BEEN VERIFI ED AS PAID CURRENT AND CONFIRMED
BY
E SIGt;J TU
BELOW)
TITLE
NAME
11 'SJ ~~
DATE
y
C!C '16 02 5
7
Plan ing
Development
Gwinnett County Planning D ivision
Change in Cond it ions Application
Last Updated I 2/20 I 5
VERIFICATION OF CURRENT PAID PROPERTY TAXES
FOR CHANGE IN CONDITIONS
THE UNDERSIGNED CERTIFI ES THAT ALL GWINN ETT COUNTY PROPERTY TAXES
BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE
TAX COMM ISSIONER OF GWINN ETT COUNTY, GEORG IA. 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.D. NUMBER:
(Map Reference Number)
1
001
District
Land Lot
773
Parcel
8/2/2016
Date
Signature of App licant
Bret Skirvin as agent to property owner
Type or Print Name and Tit le
***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
(PAYM ENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE
REF RENCED PARCEL HAVE BEEN VERIFI ED AS PAID CURRENT AND CONFIRMED
BY
E SIG A-TURE B LOW)
NJ\ME
g{CS/II.o
DATE
CFIVED Y
2016
7
CIC '16 02 5
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