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14 The Park at Fifth Street The Providence Group Legal Description ALL THAT CERTAIN TRACT OF LAND LOCATED IN LAND LOT 279, 18TH DISTRICT, DEKALB COUNTY, GEORGIA, CONSISTING OF FIVE TRACTS: TRACT ONE (PIN: ) RECORDED IN DEED BOOK 16448, PAGE 356, TRACT TWO (PIN: ) RECORDED IN DEED BOOK 11729, PAGE 102, TRACT THREE (PIN: ) RECORDED IN DEED BOOK 18774, PAGE 133, TRACT FOUR (PIN: ) RECORDED IN DEED BOOK 16471, PAGE 71, AND TRACT FIVE (PIN: ) RECORDED IN DEED BOOK 11729, PAGE 102, ALL AMONG THE LAND RECORDS OF DEKALB COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT FOUND AT THE NORTHEAST END OF THE MITERED INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD (RIGHT-OF-WAY VARIES) WITH THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET (40 FT. RIGHT-OF-WAY); THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF FIFTH STREET NORTH 89 50'51" EAST, A DISTANCE OF FEET TO A 1-INCH OPEN TOP PIPE FOUND; THENCE CONTINUING ALONG THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET, SOUTH 89 43'52" EAST, A DISTANCE OF FEET TO A 1/2-INCH REBAR FOUND; THENCE DEPARTING THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET SOUTH 00 03'32" WEST, A DISTANCE OF FEET TO A 1-INCH OPEN TOP PIPE FOUND; THENCE NORTH 89 55'59" EAST, A DISTANCE OF FEET TO A P.K. NAIL SET; THENCE SOUTH 00 01'48" WEST, A DISTANCE OF FEET TO A 1/2-INCH REBAR FOUND AT THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET (RIGHT-OF-WAY VARIES); THENCE ALONG THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET NORTH 89 48'59" WEST, A DISTANCE OF FEET TO A 5/8-INCH REBAR FOUND; THENCE CONTINUING ALONG THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET NORTH 89 41'36" WEST, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND AT THE SOUTHEASTERN END OF THE MITERED INTERSECTION OF THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET (RIGHT-OF-WAY VARIES) WITH THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD (RIGHT-OF- WAY VARIES); THENCE ALONG THE MITERED INTERSECTION NORTH 52 34'22" WEST, A DISTANCE OF FEET TO A 5/8-INCH REBAR FOUND AT THE NORTHWEST END OF THE MITERED INTERSECTION OF THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET (RIGHT-OF-WAY VARIES) WITH THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD (RIGHT-OF-WAY VARIES); THENCE ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 01 54'31" WEST, A DISTANCE OF FEET TO A 5/8- INCH REBAR FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 88 45'24" EAST, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 00 08'41" EAST, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 89 10'25" WEST, A DISTANCE OF FEET TO A 5/8- INCH REBAR FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 01 56'29" WEST, A DISTANCE OF FEET TO A 1/2-INCH REBAR FOUND; THENCE CONTINUING ALONG THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD NORTH 01 56'29" WEST, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND AT THE SOUTHWEST END OF THE 1

15 MITERED INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD (RIGHT-OF-WAY VARIES) WITH THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET(40 FT. RIGHT-OF-WAY); THENCE ALONG THE MITERED INTERSECTION NORTH 40 49'40" EAST, A DISTANCE OF FEET TO A CONCRETE MONUMENT FOUND AT THE NORTHEAST END OF THE MITERED INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD (RIGHT- OF-WAY VARIES) WITH THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET (40 FT. RIGHT-OF-WAY), WHICH IS THE POINT OF BEGINNING. SAID COMBINED TRACTS ARE BOUND AS FOLLOWS; - ON THE WEST BY THE EASTERN RIGHT-OF-WAY OF CLAIRMONT ROAD. - ON THE NORTH BY THE SOUTHERN RIGHT-OF-WAY OF FIFTH STREET. - ON THE EAST BY THE LANDS OF THEODORE S. WILLIAMS, ETAL. - ON THE EAST BY THE LANDS OF CHAMBLEE 6 FS, LLC. - ON THE SOUTH BY THE NORTHERN RIGHT-OF-WAY OF SIXTH STREET. 2

16 Development of Community Impact Letter of Intent Park at Fifth Street Submitted by: The Providence Group Date: May 31, 2018 updated June 11, 2018 The Providence Group intends to remain consistent with the site plan, unit count, landscape plan, amenity plan and signage and fencing plan previously submitted and approved by the city of Chamblee Design Review Board on June 20, These plans meet all of the criteria outlined in the previously approved rezoning with conditions and will not change with this submittal. The intent of the submittal is to update and modify the proposed plans and elevations to a more upscale, modern architectural style that is more consistent with the newer architecture being built in the Chamblee submarket area. The height of the units will move to 4 stories to allow for a roof top terrace to be added that will enhance value in the community and provide views of the surrounding neighborhood. The colors and materials to be used in the construction of these buildings is consistent with the zoning conditions that were approved for the site. The front, side and rear elevations are much more detailed than the previously approved elevations and meet the intent of the zoning conditions. Pursuant to Section of the UDO with regard to the DCI request for the Park at Fifth Street, the design is in harmony with the general character of the neighborhood and surrounding area, with the given mass, placement, height, changing land use patterns, and consistency of exterior architectural treatment in the surrounding area. The design components are planned such that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design. The updated designs protect scenic views, particularly those of open space, and utilize natural features of the site, including some roof deck designs. The layout protects adjacent properties from negative visual and functional impacts. The design respects the historical character of the immediate area as integral parts of community life in the city and shall protect and preserve structures and spaces which provide a significant link within these areas. All exterior forms, attached to buildings or not, will be in conformity with, and secondary to, the building. The proposed development is suitable in view of the use and development of adjacent and nearby property. The proposed development does not adversely affect the existing use or usability of adjacent or nearby property. The proposed development does not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools. The proposed development is in conformance with the applicable zoning district. The proposed development is in conformance with the provisions of the future development plan articulated in the City s Comprehensive Plan. With regard to site planning the proposed DCI gives consideration to the topography, the location of structures, buffers, screening, stream buffers, floodplains, wetlands, setbacks, transit, pedestrian and bike access, and street design that demonstrates multi-modal access and connectivity of the development with its surrounding areas. Access and circulation is provided for firefighting and other emergency equipment, service deliveries and refuse collection. Provision has been made for acceptable design and construction of electric and natural gas utilities, water supply, wastewater collection, and storm water management facilities, as required by Chapter 340 of the UDO.

17 After a pre-application meeting with the City of Chamblee Planning Department, The Providence Group requests the following variance: Variance from Section (f) to reduce the required 5 separation between building and the adjacent sidewalk to an 8 separation between the building and the adjacent sidewalk at building unit numbers 30 & 35 as noted on the Site Plan. Waiver from Section 350-3(a)(3) requiring streets longer than 150 feet to end in a cul-de-sac. We request a waiver to allow a street, Dalton Drive (private alley) which is over 170 feet long, to stub out instead of end in a cul-de-sac or hammerhead configuration. Pursuant to Section of the UDO with regard to the variance request for The Park at Fifth Street (1) There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape and topography; and (2) The application of this UDO to the particular piece of property would create an unnecessary hardship; and (3) Such conditions are peculiar to the particular piece of property involved; and (4) Such conditions are not the result of any actions of the property owner; and (5) Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance. We respectfully request approval of the new plans and elevations herein for construction at Park at Fifth Street as submitted with the variance requested. Sincerely, Warren S. Jolly President

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