n a - gwinnett county

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

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

APPLICANT INFORMATION OWNER INFORMATION* Manor Restorations, LLC c/o Mahaffey

NAME: See attached owner list NAME: Pickens Tucker, LLP

ADDRESS: 1550 North Brown Road, Suite 125

ADDRESS:

ciTY: Lawrenceville CITY:

STATE: Georgia ZIP: 30043 STATE: ZIP:

PHONE: 770.232.0000 PHONE: 770.232.0000

CONTACT PERSON: Shane Lanham PHONE: 770.232.0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

D OWNER'S AGENT D PROPERTY OWNER I xx I CONTRACT PURCHASER R-100 CSO,

REQUESTED ZONING DISTRICT: QSC RA-200, &

PRESENT ZONING DISTRICTS(S): R-140

LAND DISTRICT(S): 5 LAND LOT(S): 245 ACREAGE: +/-51.44

ADDREss oF PROPERTY: 1604 Alcovy Road

PROPOSED DEVELOPMENT: Single-family conservation subdivision

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

125 No. of Lots/Dwelling Units _____ _ No. of Buildings/Lots: _N_A _____ _ 1,600+ square feet

Dwelling Unit Size (Sq. Ft.): _____ _ Total Building Sq. Ft. _N_A ______ _

G D . +/-2.43 units per acre

ross ens1ty: --------- D . NA ens1ty: -----------

N D . +/-2.43 units per acre

et ens1ty: ----------

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

fD) [H~ ~LI W ~~ lli MAR 0 8 2019 ~ By

2 RZR '1901 l~

Property Owner List

Parcels: 5245 024 & 5245 055 Gwinnett Community Bank 2775 Buford Highway Duluth, Georgia 30096

Parcel: 5245 015 Strickland, Charles Randall & Peggy J. 1240 Brookton Dr Dacula, Georgia 30019

Parcel: 5245 057 Webb, Evelyn, et al. 1574 Alcovy Road Lawrenceville, Georgia 30045

ID) rn © ma w ~ ~ ill MAR Q 8 2019 ~

RZR '19014

LEGAL DESCRIPTION

ALCOVYROAD

All that tract or parcel of land lying and being located in Land Lot 245 of the 5th District,

Gwinnett County, Georgia, and being more particularly described as follows.

BEGINNING at an iron pin (#4 rebar) located on the westerly line of Land Lot 245 which is

the common line between Land Lot 245 and 236 of the said 5th District, said iron pin being

located 738. 71 feet from the intersection of the said westerly line of Land Lot 245 and the

southerly right-of-way of Alcovy Road (80' right-of-way) as measured in a southeasterly

direction along and following the said westerly line of Land Lot 245; having thus

established the TRUE POINT OF BEGINNING leaving said iron pin and Land Lot line and

running N81 g48'07"E for a distance of 622.34 feet to an iron pin (#4 rebar); thence running

N 11g47'50 "W for a distance of 391. 45 feet to an iron pin ( #4 rebar w/cap) located on the

southeasterly right-of-way of Alcovy Road (80' right-of-way); thence running N76g12'18"E

along the southeasterly right-of-way of Alcovy Road for a distance of 242. 76 feet to a

point; thence running in a northeasterly direction along the southeasterly right-of-way of

Alcovy Road and following the curvature thereof along a curve to the left for an arc length

of 209.94 feet (said arc being subtended by a chord of N75g30'26"E -209.93 feet and

having a radius of 9547. 15 feet) to a point; thence running in a northeasterly direction

along the southeasterly right-of-way of Alcovy Road and following the curvature thereof

along a curve to the left for an arc length of 75. 71 feet (said arc being subtended by a

chord of N73g09'15"E - 75. 70 feet and having a radius of 1287. 15 feet) to an iron pin (#4

rebar w/cap); thence leaving said right-of-way and running S30g38'32"E for a distance of

1154.23 feet to an iron pin (#4 rebar-disturbed) located at the southwesterly corner of Lot

4, Block ':A" of the Alcovy Forest Unit One Subdivision; thence running N60g13'06"E for a

distance of 216.26 feet to an iron pin (#4 rebar) located on the southwesterly right-of-way

RZR '1901 4 fD) © rn a wrn1m w MAR 0 8 2019 ~

of Alcovy Forest Drive (60' right-of-way); thence running S29Q45'12"E along the

southwesterly right-of-way of Alcovy Forest Drive for a distance of 31. 19 feet to a point;

thence running in a southeasterly direction along the southwesterly right-of-way of Alcovy

Forest Drive and following the curvature thereof along a curve to the left for an arc length

of 28. 78 feet (said arc being subtended by a chord of S33Q02'44"E - 28. 76 feet and

having a radius of 250.37 feet) to an iron pin (#4 rebar); thence leaving said right-of-way

and running S60Q15'31"W for a distance of 216.86 feet to an iron pin (#4 rebar-disturbed)

which is the northwest corner of Lot 1, Block "B" of the Alcovy Forest Unit One

Subdivision; thence running S30Q35'28"E for a distance of 553.99 feet to an iron pin (#4

rebar w/cap) located on the northwesterly right-of-way of Sugarloaf Parkway (right-of-way

varies); thence running S51Qt2'36"W along the northwesterly right-of-way of Sugarloaf

Parkway for a distance of 932.38 feet to an iron pin (#4 rebar w/cap); thence running is a

southwesterly direction along the northwesterly right-of-way of Sugarloaf Parkway and

following the curvature thereof along a curve to the left for an arc length of 91.32 feet (said

arc being subtended by a chord of S51Q57'48"W- 91.32 feet) to an iron pin (#4 rebar

w/cap); thence leaving said right-of-way and running S63Q12'41 "W for a distance of

215.87 feet to an iron pin (#4 rebar w/cap) located on the westerly line of said Land Lot

245; thence running N30Q02'07"W for a distance of 1072.31 feet to an iron pin (#4 rebar);

thence running N30Q02'37"W along the westerly line of said Land Lot 245 for a distance of

839. 1 O feet to an iron pin (#4 rebar) which is the TRUE POINT OF BEGINNING. Said tract

contains 51.444 acres (±2,240,913 sq. ft.).

RZR '19014

c;enterline

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GENERAL NOTES: JlU[ N09.Cf£.S~[A1Ul THAN 25XPUJDl£D TOEl:CXSlUROCD<»I TllSPROPERTY.

NOPROITCTI\£ PUHT9'1:0£S. !ISTOO-.CAL M ARCtlCl.OCICAL F!ATURESAREKHOViNTOEXIST.NM'tlER(!XSCO'.{R(OOVR'l.'4Gf1El..O R£CCfll>JSSAHC£ ~DCC. 2018, TO CO.f'U:TE THE fl.MA AllO rAU!O. SITE IAST FM nlS PRCP£RTY. r ~y >RE ()SCQ\Ul[I) ~ [)(9~ OOCOOSJRUCOOf,PRCPCRNOT\flCATICtlAHOHANCX.tK:C'.f'M t:tscCM:RYtSR£QJRm.

n£ MJ..XlRl lY u lH£ sm: IS TR[[ CO'v£RfD AS NOlID, ~TH (ffN fJJ.D AR£AS t.'£AA 1l£ EXlSTllC tOLS.. A PCRTlOO r.T »£ 9TE WAS Pfil'Y.OOSl.Y c.RAOCD BY OMRS. THERE 2 TWPMARY sawn PC.1.-0S ~~~nc mAD£D AREA. nm AR£ NO Cfl""()JS ROCX

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EXISTillG VEG£TATIOll HARO~OOOS. PINES UOOERAT£ UNDERGROWTH SlOPE I0-12%

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EllSTillG VEG£TATIOH HARO~OOOS, PlllES UOIJ£RAT£ UllOERGROWTH SLOPE I0-12i

LEGEND

EXISTING VEGUATIOll HAROV.OOOS,P1NES UOOERATIUllOERGRDWTH SLOPE 10-12%

GENERAL SURVEY NO'TES:

Ul.llty Nat.: Ill.• uncl•t'll"OVncl ul li lOn li'\ow" ha..w t. ... localed frcim r•d eurwy Wlfonnoticinot\de-b\Wl9clto.i<l9a.ThearW")Ol'mdo.t1noguarontcelhotlhel.Wlder9'CU'1d ul lillHlll.o.nt.Gn"91'atnlHol•udlullllr11illh•oreo.-1lh«'"MNlc•otcbandaned. The IUr\Oe)Of furthe<dc>e1nol WOTOnl ltlat the undenJrt>undul.,t\H tNwnor•'" the ncct IDCot\ol'I Wld\eotld ollhm>9h ht!..._ cwurr tho\ Uwyor• locot..:I oa cccurotalyo• pout.It

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n...•lll\Oobt~htd....:•ofcun-e"llO'Ulm~g•orli. Cllldno~1alb&Adngc0'\llrucl1""

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There ore "o uo.., propoud chOf'IQU In tltHI ngtil-af-1ay 1rin. occcrllng to C.Nltll Counl~ '""-'•lino ob11rwd r.old91'1C• ofrK.,I 1ltnl or llldh'ollcon.lrucl\ol'I ar-t.,:ialra.

1· ~:::l~GtffW:l i:~:g~sm~.ri;,'f;JrJE/,~0 B~fffo ~ THE ABO~ GROUND APPURTENANCES NO cmnRCAnON IS A/ADE AS TO THE

e. ~Zfi1:~'lfo frnrf:s~NJa~~cl1f5R:if~~:~~ it°&i°!J~'~~E OTHER D. ununrs LOCATCD ON THIS PROPERTY KHICH ARE NOT SHO>tN ON THIS

SURVfY. PER GEORGIA LAW THE UNDERGROUND ununf'S PROTECnON SERWCf: AIUST BE NOllF1fD PRIOR TO THE COUUENCEU£NT OF ANY LAND DISTURBANCE Acnwrr OF ANY NATURE.

GRAPHIC SCALE

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TIMBER HARVESTING CBmFICATION: TllBERHAR\BmcttASNOTOCOJRR£DYtlnrn Ttt( LAST NlNTY-n:oR ucwrns CH >JiY CF THE PR!ffRTES9iO'MlOOJKSSITEPU.'l.

ROOD INFORMATION: TKSPRCffRTYlS NOT LOCATED \llHI A IUIA 100 'IU.R flOOO ZCK ACCMOtfe TO GW~~·rn CO.JtHY FtUAUAPf1Jll5C0076fOAT£0:SEPm.eER29,2006 ~~AUAP11Jl.15COO!lff0Al£D::S[pfEU8£R29,

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l•28.71'

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RZR '1901 4

24~CCWTACT:

BllmCSUTH (770)651-()()4'

EXIS7!NG FEATURES SITE PW/ Fl!R:

ALCO VEY A RESIDENTIAL COMMUNITY BY

SMITHTON HOMES, LLC

LANO LOT 245, 5TH DISTRICT Gli!NNETT COUNTY, GEORGIA

NKW 2-21-19

DP °"'"""' ""' REZONING ff18021 SHECT 1 or 1

G=enterline 1301SS~~,!~.8~u~T6~~1~, ~!~~~~,!~~144

PHONE: (770) -124-002! FAX: (170) 424-Z.!U

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SITENOTCS PR<POSfD I/SI: SINCLffAJJILYRCSf)[}JTW. aA//lf)/1 lOW.O - HA-200;11-Tot(CSO) PNOPOSllJlCil'JC- OSC TOTA1.AR£A-51.44ACS. TRACTl-12.fSACS. TRACT2-1245ACS. TRACT J- 26.54 ACS. ODISITY..<RlA-51.UACS.GWJSSjJKT 51.UACS.-aOrJntNn~-51.44ACS LOTSOONOTOKROACJltlTORf(JIJR[IJSTATfBtlTfliS.

DSC ZONING REQUIREMENTS U.JUMILOTSllf- 7,51XJSF. U!NiU.NlOTNDTH-60' UA.tlllWBUX11£r.HT-.15rT IJINJllJJlfEATfDllOCflSPACE- 1,#XJSf A.L.LOWABL[ODISTY- 2.51.UTSffiiA(R[ (128 I.MTS) WNJAJJJOPOJSPAC£25X(12.66ACS)

PROPOSED SITE REQUIREMENTS TOTAL RLSIDENnAL UNITS PROPOSED - 125 PR!P05£DJCTDDISITY-24JWTSPfRACRf UJIJ/IAJlOTSlf-7,51XJSF. AIO'AC£LOT9lf-9.566SF.

PROPOSED SITE REQUIREMENTS TOTAJ..CffNSPACf-llBJACS.(26.BX)

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ST1lfET TREE REQUIRMENTS

1. Under9"0U'ldut1itiescnre'1.frtd.

2. ()ietmj>tf50foto'fettofstmt(bolhddesofslrttl)shdl btproW:ied.

J. Street lrusshal ht l«oltdou\sidf: or the street riljlt-or-W"f, wilhii 5 feel or the rigil-of-woy.

-4. Slteel treesshal be sdtt!~ frc:rn the Tree Species WI ii the l.OOApptn<hCl'ldsho1 beatk:cslJ'1chcd'per atlii1eof pblti\4

5. Uin:ifuncl!<Nd:ilegenusofslteelltussha'lbelJ1/Jpetttnl oltnfresM.uionttonegenusperslteel

6. Priortopmnitis.sucnc,eCl'IO'.e'o'lslteelltt.eplonshdlbe subrr.ittedfo1 1~cnd ~oo.dll'lalild';eotesl~locotion;size; l}!NJS. species, Cl'ld "o<riety; l}M1Jspereentoqes. end p!cnli\g deloh. Thesltedlteep!Mrr.oybeopa1.olthe TreePrestNatiol"I Md/« ReplownenlPb\.

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9. Slteellteeplonlhgsho'lbede!o)'edfrcmJ.inelhtw<jlAu9Jsl

007£: All Df7DJTJC11ARCASJt..H£8£DJRlllOl!Df7NlJ 1Hf CPDJSPAC£CAJ.Cl.A..AT!Ci/S.11£DfTDITJCNAR£ASTOTAL5.'J9ACS

10. Slteellreesshalbema'nta'ntdot1deortdlttbylheptopttly ~ert'IUpl'1sUxt.Uions'1whlchlhep<qwtyo.nmouodalion p<ao.~moiiltnmu:cndeore.Uaiilmir.cest\Olildudercploc«M'll ond\1immii9osnece~Prut1i19Cl'\dlteema109erntnlshdlbeii =~:lhslcn<b'dsofthelnternotionalSocletyol

BUILDING SCTllACK REO!JIREMENTS: fmll-25' RCAR-JO' 90£ -7.5'

GRAPHIC SCALE

-·~·-.JJ-t i

TRACT1 o~.rR: llfBB.flfl'rNOAL 15UA1COVYRO.W

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AREAJJAP:NTS

FLOOD INFORMATION: TltSPR<ffRTYISOOTLOCATEDv.l~AfDJAIOO 'l[AR FlOOO ZCJ£. ACC®:NG TO GWJCIETT COOtHY fUJAU.l.Pf1Jll5C007fJ"DATID:SEPITllOCR29,2006 >J:OfUJAllAP#1J135C0091fDAITD:SCPTDJllER29, 2006.

APl'UCAHT: UAJKRRCSra?AllWS, UC. 416J TO'MISHP CHJ.Sl UAkEffA.,ClCRa4JtfJ66

241R. WJTACT: BlRJICfJATH {170)6.52-IXJ#

CONCEP1VAL srrE PW/ roR:

ALCO VEY A RESIDENTIAL COMMUNITY BY

SMITHTON HOMES, LLC

LAND LOT 245, ST!! DISTRICT GWINNETT COUN1Y, GEORGIA

NKW 2-21-19

DP orw1wc NO., REZONING 1118021 SHaT 1 or 1

510CWAIX,11lA1 .tSTRffTTRfCSA.OOro


REZONING 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 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:

Please see attached

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

(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: Please see attached

(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: Please see attached

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

(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:

Please see attached

3 ZR '19 0 1 L~ /D)~ ©~aw~~ lfil MAR 0 8 2019 ~ By -~ - =~

STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

A. Approval of the proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby property. The subject Property is adjacent to additional land zoned for residential uses and is located in close proximity to land zoned for a mix of uses in Gwinnett County and the City of Dacula. The Property is adjacent to Sugarloaf Parkway and would provide an appropriate transition from activity centers to lower-density residential uses.

B. Approval of the proposed rezoning will not adversely affect the existing use or usability of adjacent or nearby property. Rather the proposed development would complement surrounding residential land uses by providing additional housing options for current and future residents of Gwinnett County. The proposed development would also complement future commercial and mixed-use development at designated activity centers.

C. The Applicant submits that due to its size, location, and layout, the subject property does not have a reasonable economic use as currently zoned.

D. Approval of the proposed rezoning will not result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The property has convenient access to Sugarloaf Parkway and State Route 316 and has access to utilities.

E. The proposed rezoning is in conformity with the policy and intent of the 2040 Plan. The subject Property is designated as within the Emerging Suburban Character Area on the 2040 Plan Future Development Map. Encouraged land uses for this character area specifically include conservations subdivisions.

F. The planned Sugarloaf Parkway extension and the subject Property's prox1m1ty to Freemans's Mill Park provide additional supporting grounds for approval of the Application.

RZR '19014

fO) rn © rn a w rn fll) w MAR 0 8 2019 ~

y

Matthew P. Benson Gerald D avidson, Jr.* Brian T. Easley Kelly 0 . Faber Christopher D. Holbrook Nicholas N . Kemper Shane M. Lanham Austen T . Mabe

l•flii ' • • 4 ~

Mahaffey Pickens Tucker, LLP . .. ~~ ..

ATTORNEYS AT LAW . . - . ._ ~·' > I • ). •

LETTER OF INTENT FOR REZONING APPLICATION OF MANOR RESTORATIONS, LLC.

Jeffrey R. Mahaffey Steven A. Pickens Catherine V. Schutz Thomas A. Simpson Andrew D. Stancil R. Lee Tucker, Jr.

*Of Counsel

Mahaffey Pickens Tucker, LLP submits this Letter of Intent and attached Rezoning

Application (the "Application") on behalf of Manor Restorations, LLC (the "Applicant") for the

purpose of requesting the rezoning of approximately 51.44 acres (the "Property") located

between Alcovy Road and Sugarloaf Parkway just east of Freeman's Mill Park. The Property

currently enjoys convenient access to Sugarloaf Parkway via Alcovy Road and the Campbell

Road interchange. The Property also has easy access to University Parkway (Georgia State Route

316) which is less than a mile away to the north. The Property includes four separate tax parcels

and is zoned RA-200, R-100 CSO, and R-140 in unincorporated Gwinnett County.

The Applicant is proposing to rezone the Property to the OSC (Open Space

Conservation) zoning classification of Gwinnett County in order to develop a high-quality,

single-family residential community, including 125 homes. The proposed community would

consist of homes at a size, quality, and price-point commensurate with or exceeding homes in the

surrounding area. Proposed homes include two-car garages as well as attractive architectural

elements. Building materials for the proposed homes would include brick, stone, and/or

cementitious shake, siding, and/or board and batten. The proposed community would also

include large areas of common/open space for the use and enjoyment of residents. Proposed

fD) © ru w rn WI f@ '1901 li l.fil MAR 0 8 2019 ~

Sugarloaf O ffice 11 1550 North Brown Road, Suite 125, Lawrenceville, Georgi~~ ~~~4.J,.~=-=-======-i - - I

NorthPoint Office 11 11175 Cicero D rive, Suite 100, Alpharetta, Georgia 30022

TELEPHONE 770 232 0000

FACSIMILE 678 518 6880

"\Vww.mptlawfirm.com

amenities include a bocce ball court and fire pit as well as a community pavilion and patio which

would serve as a gathering place for residents to recreate and socialize.

In addition to being an attractive, high-quality residential community, the proposed

development is compatible with the use and development of adjacent and nearby property and

would provide an appropriate transition of land uses from Sugarloaf Parkway westward towards

additional single-family residential uses. The Gwinnett County 2040 Unified Plan (the "2040

Plan") Future Development Map identifies the Property as within the Emerging Suburban

Character Area. Encouraged land uses for this character area include single-family residential

and mixed residential developments. Further, the 2040 Plan specifically encourages "Open Space

Conservation subdivisions" as a potential development type. Accordingly, the proposed

development is in line with the policies of the 2040 Plan and is compatible with surrounding and

nearby development. Encouraging single-family residential uses, and specifically conservation

subdivisions, at appropriate densities within the Emerging Suburban Character Area furthers the

2040 Plan's objectives by promoting efficient land use and expanding housing options for

current and future residents. Specifically, Theme 4 of the 2040 Plan is to "Provide More Housing

Choices" and Policy 4.1 is to "Preserve and Expand Housing for All Income Levels and Phases

of Life."

Moreover, the Property is located in close proximity to a Neighborhood Activity Center

at Sugarloaf Parkway's intersections with Alcovy Road and a Regional Activity Center along

State Route 316 near Harbins Road as depicted on the City of Dacula' s comprehensive plan. The

proposed development would complement these activity centers by providing residential critical

mass needed to support the mixed and non-residential uses that are encouraged in those areas.

The Applicant and its representatives welcome the opportunity to meet with staff of the

Gwinnett County Planning & Development Department to answer any questions or to address

any concerns relating to the matters set forth in this letter or in the Rezoning Application filed

herewith. The Applicant respectfully requests your approval of the Application.

Respectfully submitted this 27th day of February, 2019.

MAHAFFEY PICKENS TUCKER, LLP

Attorneys for Applicant

fO) rn @ rn a w rn 1m ill MAR 0 8 201 ~


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.

Shane Lanham, Attorney for the Applicant Type or Print Name and Title

f D) ~ © rn a \YI rn fnl lfil MAR Q 8 2019 ~ 4

Gwinnett County Planning Division Rezoning Application

Last Updated 12120 15

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.

--·-2 ~ / ~-- ~ ... ----Signature of Applicant

Type or Print Name and Title

4

Date

Ri 'J9 0 .~ b.

Date

f~[H!3 Ul U W ~foj ill MAR 0. 8 2019 ~

y


REZONING PROPERTY OWNER'S CERTIFICATION

THE UNDERSIGNED BELOW, ORAS 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.

e Signature of Property Owner

Gwinnett CoDDllUnit:y Bank. John Martin, President


Date

5 RL. '· c 0 ·1 L ... -; _, i

Date

D Ii:© ~ O W ~j~ MAR 0 8 2019 l~

Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14

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.

Signai;{Jre of Property Owner


5 RL":'/f) ;., (1 0 . n _., '- lJ

/~ rn © rn a w rn ml lfil MAR 0 B 2019 ~

y

Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14

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 fPrope;: owner

5


CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-67 A- I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided.

OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE

Shane M. Lanham, Attorney for Applicant

SI AT E OF APPLICANT'S DATE TYPE OR PRINT NAME AND TITLE ATTORNEY OR REPRE ENTATIVE

D YEs [l( No Mahaffey Pickens Tucker, LLP YOUR NAME

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

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION

1 POSITION OF GOVERNMENT

(List all which aggregate WAS MADE

OFFICIAL to $250 or More) (Within last two years)

~lil aHeel1e~

Attach additional sheets if necessary to disclose or describe all contributions.

6

r~ rn © rn LI W rn ~ lJll MAR 0 8 2019 ~

Gwinnett County Planning Division Rezoning Application

Last Updated I 2120 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 36-67 A-1, et. seq, Conflict of Interest in Zoning Actions. and has submitted .or

- attached the required information on the forms provided.

~~ 2-. /2c /201t /3El1,v1e S'1t1 111-( r4-1 ~.N~ SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE

SIGNATURE OF APPLICANT'S DATE ATTORNEY OR REP ENTATIVE

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?

D YEs ~No /J_av_~_16_~_,_7it __________ _ YOUR NAME

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

Attach additional sheets if necessary to disclose or describe all contributions.

6 m~M~R~ ~~!~~ 'f}y


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 Reference Number)


5 245 District Land Lot

TAX COMMISSIONERS USE ONLY

015 Parcel

(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)

---s~, J f U/'<k I TITLE

a--/ if=]: /~o /q DATE

7



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 HAYE 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.


PARCEL l.D. NUMBER: 5 245 024 (Map Ref · District Land Lot Parcel

of Applicant



(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN ERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW)

DATE

7

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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.


PARCEL l.D. NUMBER: 5 245 055 Number) District Land Lot Parcel

Applicant



(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE

SIGNA~RE BELOd W) . ~- f I 1)11 :r .J__o/ {i cs 17' f'tt,l /1 :H::::.

NAME TITLE

o a--:! :;_ 2 I :J-o 1? DATE

7



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.


PARCEL l.D. NUMBER: (Map Reference Number)

5 District

245 Land Lot



057 Parcel

(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)

~flrJ n J Cs 6.1\tt) -rs/I :ff.-NAME I TITLE

0 a-:! ()._ r-/Jp!? DATE

7

JUSTIFICATION FOR REZONING

The portions of the Gwinnett County Unified Development Ordinance (the "UDO")

which classify or may classify the property which is the subject of this Application (the

"Property") into any less intensive zoning classification other than as requested by the Applicant,

are or would be unconstitutional in that they would destroy the Applicant's property rights

without first paying fair, adequate and just compensation for such rights, in violation of Article I,

Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process

Clause of the Fourteenth Amendment to the Constitution of the United States.

The application of the UDO as applied to the subject Property, which restricts its use to

the present zoning classification, is unconstitutional, illegal, null and void, constituting a taking

of the Applicant's and the Owner's property in violation of the Just Compensation Clause of the

Fifth Amendment and the Due Process Clause of the Fourteenth Amendment to the Constitution

of the United States, Article I, Section I, Paragraph I, and Article I, Section I, Paragraph II of the

Constitution of the State of Georgia of 1983, and the Equal Protection Clause of the Fourteenth

Amendment to the Constitution of the United States denying the Applicant an economically

viable use of its land while not substantially advancing legitimate state interests.

The Property is presently suitable for development under the OSC classification as

requested by the Applicant, and is not economically suitable for development under the present

RA-200, R-lOOCSO, and R-140 zoning classifications of Gwinnett County. A denial of this

Application would constitute an arbitrary and capricious act by the Gwinnett County Board of

Commissioners without any rational basis therefore, constituting an abuse of discretion in

violation of Article I, Section I, Paragraph I and Article I, Section I, Paragraph II of the

Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fourteenth

Amendment to the Constitution of the United States.

A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the

OSC classification with such conditions as agreed to by the Applicant, so as to permit the only

feasible economic use of the Property, would be unconstitutional and discriminate in an

arbitrary, capricious and ·unreasonable manner between the Applicant and owners of similarly

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situated property in violation of Article I, Section I, Paragraph II of the Constitution of the State

of Georgia of 1983 and the Equal Protection Clause of the Fourteenth Amendment to the

Constitution of the United States. Any rezoning of the subject Property to the OSC classification,

subject to conditions which are different from the conditions by which the Applicant may amend

its application, to the extent such different conditions would have the effect of further restricting

the Applicant's and the Owner's utilization of the subject Property, would also constitute an

arbitrary, capricious and discriminatory act in zoning the Property to an unconstitutional

classification and would likewise violate each of the provisions of the State and Federal

Constitutions set forth hereinabove.

Accordingly, the Applicant respectfully requests that the rezoning application submitted

by the Applicant relative to the Property be granted and that the Property be rezoned to the

zoning classification as shown on the respective application.

1550 North Brown Road Suite 125 Lawrenceville, Georgia 30043 (770) 232-0000

Respectfully submitted,

Y PICKENS TUCKER, LLP

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