REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA. mason law. com APPLICANT IS THE: Density:

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1 Last Updated I 2/20 I 5 REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA. I APPLICANT INFORMATION NAME: CAPKEY GATES AT SUGARLOAF PARTNERS LLC I PROPERTY OWNER INFORMATION* NAME: CAPKEY GATES AT SUGARLOAF PARTNERS LLC ADDRESS: 4401 Northside Parkway, Ste 711 ADDRESS: 4401 Northside Parkway, Ste 711 CITY: Atlanta CITY: Atlanta STATE: GA ZIP: STATE: GA ZIP: PHONE: PHONE: CONTACT PERSON: Tracey Mason PHONE: CONTACT'S tracey@td mason law. com APPLICANT IS THE: DOWNER'S AGENT 1111 PROPERTY OWNER D CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): Ql REQUESTED ZONING DISTRICT: R-TH PARCEL NUMBER(S): 071 ~ 50, 551' 552 ACREAGE: acs. ADDREss of PROPERTY: 1325 Satellite Blvd. PROPOSED DEVELOPMENT: Townhomes RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units _1_3 Dwelling Unit Size (Sq. Ft.): 1,BOO sf min. Gross Density: Units/acre Net Density: Units/acre NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: Total Building Sq. Ft. Density: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED Planning & Development 2 R~iM. '

2 *ADDITIONAL PROPERTY OWNER INFORMATION FOR REZONING APPLICATION OF CAPKEY GATES AT SUGARLOAF PARTNERS LLC *The Gates at Sugarloaf Unit Owners Association, Inc. 295 S. Culver Street, Suite D Lawrenceville, GA RZM ' Planning & Oeve\opment

3 REZONING DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 155 AND 156 of the 7TH District, Gwinnett County, Georgia and being more pat1icularly described as follows: To find the TRUE POINT OF BEGINNING, commence from an iron pin found at the intersection of the northwesterly right-of-way line of Satellite Boulevard (Variable R/W) and the Land Lot Line common to Land Lots 155 & 156; thence along said right-of-way line the following courses and distances: North 58 degrees 30 minutes 39 seconds East a distance of feet to a point; thence North 60 degrees 13 minutes 56 seconds East a distance of feet to a point at the intersection of said right-of-way line and a creek, said point being the TRUE POINT OF BEGINNING, from the TRUE POINT OF BEGINNING as thus established; thence leaving said right-of-way line and following said creek the following courses and distances: North 20 degrees 05 minutes 46 seconds West a distance of75.95 feet to a point; thence North 29 degrees 41 minutes 16 seconds West a distance of feet to a point; thence North 21 degrees 57 minutes 52 seconds West a distance of24.28 feet to a point; thence North 64 degrees 32 minutes 22 seconds West a distance of feet to a point; thence North 3 3 degrees 41 minutes 19 seconds West a distance of22.36 feet to a point; thence North 01 degrees 02 minutes 27 seconds West a distance of29.47 feet to a point; thence North 64 degrees 17 minutes 45 seconds East a distance of feet to a point; thence North 06 degrees 18 minutes 31 seconds East a distance of feet to a point; thence North 12 degrees 27 minutes 33 seconds West a distance of 5.65 feet to a point; thence North 45 degrees 49 minutes 57 seconds West a distance of feet to a point; thence North 29 degrees 41 minutes 54 seconds West a distance of feet to a point; thence North 19 degrees 37 minutes 27 seconds West a distance of23.65 feet to a point; thence North 31 degrees 4 7 minutes 41 seconds East a distance of feet to a point; thence North 05 degrees 19 minutes 20 seconds East a distance of feet to a point; thence North 23 degrees 40 minutes 54 seconds West a distance of 6.45 feet to a point; thence North 48 degrees 27 minutes 03 seconds West a distance of 4.93 feet to a point; thence North 89 degrees 03 minutes 34 seconds West a distance of 9.10 feet to a point; thence South 83 degrees 10 minutes 46 seconds West a distance of 5.41 feet to a point; thence North 49 degrees 27 minutes 15 seconds West a distance of 6.18 feet to a point; thence North 09 degrees 13 minutes 53 seconds West a distance of34.59 feet to a point; thence North 06 degrees 14 minutes 45 seconds West a distance of37.03 feet to a point; thence North 57 degrees 09 minutes 52 seconds West a distance of9.99 feet to a point; thence North 81 degrees 50 minutes 57 seconds West a distance of feet to a point; thence North 49 degrees 25 minutes 21 seconds West a distance of feet to a point; thence North 29 degrees 36 minutes 18 seconds West a distance of feet to a point; thence North 03 degrees 17 minutes 57 seconds East a distance of feet to a point; thence North 49 degrees 34 minutes 22 seconds East a distance of feet to a point; thence North 45 degrees 01 minutes 32 seconds East a distance of22.40 feet to a point; thence North 07 degrees 31 minutes 46 seconds East a distance of 9.23 feet to a point; thence North 06 degrees 59 minutes 32 seconds West a distance of 6.10 feet to a point; thence North 28 degrees 30 minutes 39 seconds West a distance of feet to a point; thence North 23 degrees 2 1 minutes 05 seconds West a distance of feet to a point; thence North 06 degrees 56 minutes 14 seconds West a distance of24.79 feet to a point; thence North 06 ~ ~?conds West a distance of 4.27 feet to a point; Planning & Development RZM. '17 0 l 0

4 thence leaving said creek North 60 degrees 42 minutes 14 seconds East a distance of feet to a point; thence South 06 degrees 43 minutes 05 seconds East a distance of feet to a point; thence South 10 degrees 06 minutes 55 seconds East a distance of feet to a point on a proposed right-of-way line of Satellite Boulevard; thence along said right-of-way line the following courses and distances: South 60 degrees 13 minutes 47 seconds West a distance of feet to a point; thence South 30 degrees 14 minutes 40 seconds East a distance of feet to a point; thence South 60 degrees 13 minutes 47 seconds West a distance of feet to a point and the TRUE POINT OF BEGINNING. Said tract containing acres more or less. n~m '17 o 101 Plann\ng & Deve\opment

5 r-- ~ I 0. 12' SOUTH OF '(Pf/OPfRTY UN ir r--- ' \\ \\, '\ \\ HT.Jt'48T SL2$ ----: N45TJ1 '.J2'" ' D.J6' NORTH OF PROPfRTY UN N60"42..,4~.J01.4J' T' IO'ORAJNAGE _j~w ENTAROUNO,. ~ - ~ / /. -~ -- - L/: -//. ~ ~ \f \. \ \ _i ) /;.'/. \./ ' i \ ', \ \ \ ', \ \ \ N41J27'03-'W \ \ \ 4.9Y ' \ \ \ \ NZJ'<I0'54.W ' \ N~70 '20"< i I 79.64' N.J1"47'4t-c ' -'I //.. i/ I i/ I l 1 ''- ~~l '\ \~,, I 20' ACCESs'iA Nr ro _POND ', ',\\ \ '' \\,, \\ \ ' \' \,,,._ ~' \ \ ~ \ ~ ".\ \' \ \ SITEO FEET MIN FEET!I.-liN 30FEE1"!1. 1IN... 50' 1-"EET!I. UN... 5C1 1-"EET FEET IJ UNITS f--< C/) ~ U iz ::3 ~ "' - 5 5$0 ::r:: j ~~n.cl ':;:f2 0 ~ ~ ~~ > 2;~"-'e:...:l <..J::: m c: ~~ ~ ~ ~~ - < ~...:l :z...:l <: w.l f--< <t: C/) u > UJilJ~ il:u - ~.,! I- >tj <~~~: cr::.,~ 0 ~~ c::l <" < ~~ -lot*...j z~ QffiS. u ~~ ~ V) ~~ ~ ej 5i ~ z ~~ ~ G ~i :;Zti< 0 UJ ~~ ::o!5~ ~ ~ ~~ ~u cr::"' UJ~ z~!! z.. ~ V) u~ :s ~e o.. zc ~i!;;~ N'6..32".22-w,_,! 6..12'~ \,_, ~~---~ ~~= ~~~ -- \ ~~ \ T : /',:, - RZM ' AUG HOUR CONTACT: JAMES BIKOFF Planning & u~ ~ve\opment

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7 Last Updated I 2/20 I 5 REZONING APPLICANT 'S RES PO NSE 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 ZONING POWER. PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY: (A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY: This townhome development serves as a transitional use between the office condominiums to the north and the apartments to the south. (B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: We anticipate that these units will be marketed to professional adults whose schedules will not coincide with use of the adjacent offices. In general, we anticipate that when offices are being used, the neighbors are likely to be at work, and vice versa. (C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: These three pads were developed in 2008 and have remained vacant since that time. Our experience is that there is no demand for office space at this location beyond what is currently still available. (There will still be 7 pads available for office use). (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: This use will not cause any more of a burden than office condominiums on the existing streets, transportation facilities, or utilities. We do not anticipate an excessive burden on the schools and, instead, expect that this use will alleviate parking issues with the existing 01 use. (E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: It appears that the 2030 Unified Plan designates this area as preferred for office use; however, the introduction of apartments on the 24 acres abutting this property to the south sets a precedent for residential uses in this area. (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: We are willing to use architectural treatments substantially similar to the existing office condominium buildings nearby. Further, there is significant tree growth behind the town homes to block that view, and the view from Old Savannah Square will be virtually the same as an 01 view. 3 RZM ' ~ Planning & Development

8 LETTER OF INTENT FOR REZONING APPLICATION OF CAPKEY GATES AT SUGARLOAF PARTNERS LLC August 4, 2017 Gwinnett County Department of Planning and Development One Justice Square 446 West Crogan Street Lawrenceville, GA RE: ofcapkey Gates at SugarloafPartners LLC; concerning property located at 1325 Satellite Blvd; Gwinnett County, GA Dear Planning Department: I am writing to you on behalf of Cap key Gates at Sugarloaf Partners LLC ("Capkey") who is the Applicant and one of the two Owners in the above-referenced case. You will see that, as a part of our rezoning application here, the other owner, The Gates at Sugarloaf Unit Owner Association, Inc. ("The Gates"), has executed the enclosed Rezoning Property Owner's Certification. (Technically, The Gates owns the common area included as part of this parcel). The Applicant is respectfully requesting your approval to rezone the subject property from its current OI zoning classification tor-thin order to construct town homes at this location. This parcel contains 3.~ rc'rfs, and we are proposing thirteen (13) three-stoty townhomes, each containing a minimum of 1,800 heated s.f. and including a two-car garage. The resulting density would be units per acre. As you will see from the enclosed renderings, we are proposing architectural treatments substantially similar to the office buildings located nearby. We are happy to offer this land use solution for property that has been vacant for almost a decade. We believe that it is appropriate in light of the existing uses along this portion of Satellite Boulevard and given the character of the surrounding area. Please do not hesitate to contact me to answer any questions or provide additional information. We are also happy to meet with any of you at your convenience. Thank you again for your time and attention to this matter. Sincerely, Planning & Development cc: Capkey Gates at Sugarloaf Partners LLC RZM '17 010

9 Last Updated 12/20 I 5 REZ ONING 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. ~~~&4c k ~&6?~, '1.n ~tu LL-c_ Date f./. Z;{ Date Notart Seal RECE\VEOBY AUG H. & Oe\fe\o?'-nent P\annmg R~M

10 Last Updated 12/20 IS 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. Property Owner Date Date Nota~/ Seal RECE\VED BY Plann\ng & Oeve\opment RZM'

11 Last Updated 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. Type or Print Name and Title 7 Saundra P. Theisen Notary Public Jackson County, Georgia My Commission Expire~ August 21, 202o Notary Seal Planning & Development HZlVi '17 0 l 0 5

12 Rezon ing Application Last Updated 12/20 I S CONFLICT OF INTEREST CERTIFICATION FOR REZONING SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE NOTARY SEAL DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Have you, w ithin the two years immediately preceding t he fi li ng of this application, made campaign contributions aggregating $ or more to a member of the Board of Commissioners or a member of t he Gwinnett County Planning Commission? DYES ~ NO ~y~ /.D.-111\.re~e * e_~_.rj;e.1 ~+-as OLf YOUR NAME 1 ~a- l ~XA..f 'PAVt-~-.er; LLL If the answer is yes, please complete t he 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) Attach additional sheets if necessary to disclose or describe all contribut ions. H'iM ' Planning & Development 6

13 Last Updated CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-I. et seq, Conflict of Interest in Zonin' Actions. and has submitted or f' attached the required information on the forms provided ~ ~...:t" c.~ e.. r.s"'...'...( c><>- k.r--.-f D.,..)~ s.s.~c. ) t~c =-"t~~- TYPE l~iw I ~~1'9 R PRINT NAME AND TITLE SIGNATURE OF APPLICANT'S ATIORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE Saundra P. Theisen Notary Public. J~~~re.x: Georgia 8 My Commisston ~xp 1 res ~ugust 21, 2020 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $ or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Commission~ If the answer is yes, please complete the following section: Attach additional sheets if necessary to disclose or describe all contributions. Planning & Development 6

14 Last Updated I 2/20 I 5 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. DATE TYPE OR PRINT NAME AND TITLE TRACEY D. MASON LLC; BY: Tracey Mason, Managing Member Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $ or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Commission? [j] YES D NO PLEASE SEE ATTACHED. If the answer is yes, please complete the following section: YOUR NAME NAME AND OFFICAL POSITION OF GOVERNMENT OFFICIAL Please see attached. CONTRIBUTIONS (List all which aggregate to $250 or More) DATE CONTRIBUTION WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. Planning & Development 6 R@M '17 010

15 TRACEY D. MASON, LLC CAMPAIGN CONTRIBUTIONS DISCLOSURE NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL CONTRIBUTIONS (Which Aggregate to $250 or More) DATE CONTRIBUTION WAS MADE (Within Last Two Years) Commissioner Tommy Hunter $ January 2016 Planning & Development

16 Last Updated I 2/20 I 5 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 W ITHOUT 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) District Is~ Land Lot. -~~o Parcel Si ature of Applicant lc:s,-.- v~c~ f. <(-. l b Date ***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 E VERIFIED AS ID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW) \)ty \1 TITLE DATE 7 HZ~M ' Planning & Development

17 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 W ITHOUT SUCH PROPERTY VERIFICATION. *Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: District Land Lot Parcel 1gn ture of Applicant ~ l V t:cc-e ;J Typer or Print Name a~ Title Date,;1_ If Yl~u~L ***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 TITLE DATE 7 HZM ' Planning & Development

18 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 GWINNETI 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. ~"1' *Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: (Map Reference Number) 0 r.- District 1U- 6 A.-~ A.-{- ~~~ tj.._juf- Land Lot o~ kt!jc r;;-~'l Parcel )~. ~~~~ ~r-ta~-- ***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 H BEEN VERIFI ~SPAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW). rc_ ' -1SA ( I ~~~~~~~~--~~~~~~ NAME TITLE s:jy \rj RECEI'VED B t Planning & Development 7 HZM '17010

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