RECEIVED BY - Gwinnett County, Georgia · 2017-11-13 · celebration snellville legal description...

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

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

APPLICANT INFORMATION OWNER INFORMATION*

NAME: ASC Acquisitions, LLC NAME: *See attached owner sheet

ADDRESS: 1550 North Brown Road, Suite 125 ADDRESS:

CITY: Lawrenceville CITY:

STATE: Georgia ZIP: 30043 STATE: ZIP:

PHONE: 770.232.0000 PHONE:

CONTACT PERSON: Shane Lanham PHONE: 770.232.0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

D OWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER

PRESENT ZONING DISTRICTS(S): R- 1 OO REQUESTED ZONING DISTRICT: Q-1

LAND DISTRICT(S): 5 LAND LOT(S): 087 & 106 ACREAGE: +/- 56.12

ADDREss oF PROPERTY: Webb Gin House Road

PROPOSED DEVELOPMENT: Retirement Community, Continuing Care

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

No. of Lots/Dwelling Units 422 No. of Buildings/Lots: _4 ______ _ +I- 730- 1 ,800 square feet + /-8 0 7 0 0

Dwelling Unit Size (Sq. Ft.): Total Building Sq. Ft. ---'-----

G D . +I- 7.52 units per acre D 0 +!- 1,438 square feet per acre

ross ens1ty: ens1ty: -----------

N D 0 +/- 7.52 units per acre

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

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

RECEIVED BY

NOV 0 2 2017

Planning & Development

Rlf! 'lZOO 1 2

Parcel# 5087 120 5106 278 5106 003 5106 067

LIST OF PROPERTY OWNERS

Owner Name JLC Holdings, LLLP JLC Holdings, LLLP Clark, Vinnie Lucile Hanison, Richard L. & Joyce

RECEIVED BY NOV 0 2 2017


Address 23 01 Lenora Rd, Loganville, GA 30052 2301 Lenora Rd, Loganville, GA 30052 2301 Lenora Rd, Loganville, GA 30052 1141 Webb Gin House Rd, Lawrenceville GA 30045

RZ& 'lZOO l

CELEBRATION SNELLVILLE LEGAL DESCRIPTION

ALL THAT TRACT OR PARCEL OF LAND LYING OR BEING IN LAND LOTS 86, 87 & 106 OF THE 5TH

DISTRICT OF GWINNETT COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS

FOLLOWS:

BEGINNING AT A 1 X INCH OPEN TOP PIPE FOUND AT THE CORNER COMMON TO LAND LOTS 86,

87, 106 AND 107; SAID CORNER BEING ALSO THE SOUTHEASTERN CORNER OF LOT 24 OF THE VILLAS

OF KNOLL WOOD LAKES UNIT ONE SUBDIVISION AS RECORDED IN PLAT BOOK 115, PAGE 52, SAID

CORNER BEING ALSO THE SOUTHWESTERN CORNER OF LOT 28 OF KNOLLWOOD LAKES UNIT 4-A

SUBDIVISION AS RECORDED IN PLAT BOOK 98, PAGE 155.

FROM THE POINT OF BEGINNING, AS THUS ESTABLISHED, PROCEEDING WITH THE SOUTHEASTERN

BOUNDARY LINE OF KNOLLWOOD LAKES UNIT 4-A SUBDIVISION AS RECORDED IN PLAT BOOK 98,

PAGE 155, AND FURTHER WITH THE SOUTHEASTERN BOUNDARY LINE OF KNOLLWOOD LAKES UNIT

TWO AS RECORDED IN PLAT BOOK 102 PAGE 94, ALONG THE LAND LOT LINE COMMON TO LAND

LOTS 106 AND 107 NORTH 60 DEGREES 19 MINUTES 23 SECONDS EAST, A DISTANCE OF 790.00 FEET

TO AN AXEL FOUND AT THE NORTHWESTERN CORNER OF LOT 24 OF THE ARBORS OF KNOLL WOOD

LAKES UNIT TWO AS RECORDED IN PLAT BOOK 104, PAGE 146;

THENCE LEAVING SAID LAND LOT LINE AND PROCEEDING WITH THE SOUTHWESTERN BOUNDARY

LINE OF THE ARBORS OF KNOLL WOOD LAKES UNIT TWO AS RECORDED IN PLAT BOOK 104, PAGE 146,

SOUTH 30 DEGREES 19 MINUTES 20 SECONDS EAST, A DISTANCE OF 686.18 FEET TO A X INCH REBAR

FOUND AT THE NORTHWESTERN CORNER OF THE ARBORS OF KNOLL WOOD LAKES UNIT ONE OPEN

SPACE AS RECORDED IN PLAT BOOK 104, PAGE 207;

THENCE PROCEEDING WITH THE SOUTHWESTERN BOUNDARY LINE OF THE ARBORS OF

KNOLLWOOD LAKES UNIT ONE OPEN SPACE AS RECORDED IN PLAT BOOK 104, PAGE 207, SOUTH 30

DEGREES 19 MINUTES 47 SECONDS EAST, A DISTANCE OF 699.90 FEET TO A X INCH REBAR SET ON

THE NORTHWESTERN RIGHT OF WAY LINE OF WEBB GIN HOUSE ROAD (RIGHT OF WAY VARIES);

THENCE PROCEEDING ALONG SAID RIGHT OF WAY OF WEBB GIN HOUSE ROAD ALONG A CURVE TO

THE RIGHT WITH A RADIUS OF 1446.99 FEET AND AN ARC LENGTH OF 140.62 FEET (SAID CURVE

HAVING A CHORD BEARING OF SOUTH 60 DEGREES 04 MINUTES 02 SECONDS WEST AND A CHORD

DISTANCE OF 140.56 FEET) TO A X INCH REBAR SET;

THENCE SOUTH 30 DEGREES 17 MINUTES 44 SECONDS EAST A DISTANCE OF 14.03 FEET TO A X INCH

REBAR SET;

THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1442.91 FEET AND AN ARC LENGTH OF

156.51 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 68 DEGREES 09 MINUTES 33

SECONDS WEST AND A CHORD DISTANCE OF 156.39 FEET) TO A POINT;

THENCE SOUTH 72 DEGREES 04 MINUTES 56 SECONDS WEST A DISTANCE OF 273.87 FEET TO A

POINT;

THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1744.05 FEET AND AN ARC LENGTH OF


SECONDS WEST AND A CHORD DISTANCE OF 58.10 FEET) TO A X INCH REBAR SET;

RECEIVED BY

NOV 0 2 2017


THENCE NORTH 20 DEGREES 29 MINUTES 02 SECONDS WEST A DISTANCE OF 24.23 FEET TO A Yz INCH REBAR SET;



SECONDS WEST AND A CHORD DISTANCE OF 77.29 FEET) TO A Yz INCH REBAR SET;

THENCE NORTH 22 DEGREES 52 MINUTES 03 SECONDS WEST A DISTANCE OF 5.00 FEET TO A Yz INCH

REBAR SET;




THENCE SOUTH 40 DEGREES 28 MINUTES OS SECONDS WEST A DISTANCE OF 54.15 FEET TO A Yz INCH REBAR SET;




THENCE SOUTH 60 DEGREES 50 MINUTES 48 SECONDS WEST A DISTANCE OF 542.18 FEET TO A Yz INCH REBAR SET;

THENCE SOUTH 54 DEGREES 48 MINUTES 39 SECONDS WEST A DISTANCE OF 42.91 FEET TO A 3

INCH OPEN TOP PIPE FOUND AT THE SOUTHEASTERN PROPERTY CORNER OF SOLA FIDE

EVANGELICAL LUTHERAN CHURCH OF LAWRENCEVILLE, GEORGIA, AS RECORDED IN DEED BOOK

14073, PAGE 55;

THENCE LEAVING WEBB GIN HOUSE ROAD AND PROCEEDING WITH THE NORTHEASTERN PROPERTY

LINE OF SOLA FIDE EVANGELICAL LUTHERAN CHURCH OF LAWRENCEVILLE, GEORGIA, AS RECORDED

IN DEED BOOK 14073, PAGE 55, AND FURTHER WITH THE NORTHEASTERN PROPERTY LINE OF SCENIC

CAPITAL, LLC, AS RECORDED IN DEED BOOK 50773, PAGE 280, NORTH 20 DEGREES 12 MINUTES 52

SECONDS WEST A DISTANCE OF 1443.42 FEET TO A LEAF SPRING FOUND AT THE SOUTHEASTERN

CORNER OF ANOTHER PROPERTY OF SCENIC CAPITAL, LLC, AS RECORDED IN DEED BOOK 52556,

PAGE 197;

THENCE PROCEEDING WITH THE NORTHEASTERN PROPERTY LINE OF SCENIC CAPITAL, LLC, AS

RECORDED IN DEED BOOK 52556, PAGE 197, NORTH 22 DEGREES 41 MINUTES 32 SECONDS WEST A

DISTANCE OF 191.09 FEET TO A 1 Yz INCH OPEN TOP PIPE FOUND AT THE SOUTHWESTERN CORNER

OF LOT 15 OF THE VILLAS OF KNOLLWOOD LAKES UNIT ONE SUBDIVISION AS RECORDED IN PLAT

BOOK 115, PAGE 52;

THENCE NORTH 83 DEGREES 10 MINUTES 55 SECONDS EAST A DISTANCE OF 878.60 FEET TO THE

POINT OF BEGINNING,

SAID TRACT OR PARCEL OF LAND CONTAINING 2,444,737 SQUARE FEET OR 56.12 ACRES, MORE OR

LESS.

RECEIVED BY

NOV 0 2 2017 RZC '1~00 1


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CELEBRATION SITE DATA

GROSS/NET ACREAGE: 56.10 ACRES CURRENT ZONING: R-100 PROPOSED ZONING: 0 -1 OVERLAY DISTRICT: NONE

AREA t : CELEBRATION VILLAGE PARCEL AREA: 14 .97 AC

PROPOSED RESIDENTIAL USE: 140 INDEPENDENT LIVI NG VILLAS 44 CONCIERGE UVING APARTMENTS 55 ASSISTED LIVING APARTME NTS 31 MEMORY CARE APARTME NTS 270 TOTAL UNITS

PROPOSED NON-RESIDENTIAL USE 25.900 SOFT CLUB FACILITY 1,100 SO FT MAINTENANCE BUILDING

AREA 2 : RESERVE EAST PARCEL AREA: 14.97 AC 64 RESIDENTIAL UNITS

AREA J · RESERVE WEST PARCELAREA: 18.99AC 64 RESIDENTIAL UNITS

AREA 4 · CELEBRATION RETAIL PARCEL AREA: 4 .80 AC WEST RETAIL 15,000 SF WEST OFFICE 18,000 SF EAST RETAIL 15.000 SF

AREA 5 : PERSONAL CARE 2 BUILDINGS WITH 12 UNITS EACH 24 TOTAL UNITS

SETBACKS FRONT YARD· 1 S SIDE YARD 10' REAR YARD 25' TRANSITIONAL YARD: 50' BUFFER (CAN BE GRADED

AND VEGETATED)

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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 N EARBY 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

NOV 0 2 2017

Plann\ng & Oeve\opment

3

REZONING & SPECIAL USE PERMIT APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

(A) Yes, the proposed developtnent will permit a use that is suitable in view of the use and development of adjacent and nearby propetiy. The property is adjacent to existing residential uses as well as institutional and commercial uses located along Scenic Highway (State Route 124).

(B) No, the proposed development will not adversely affect the existing use or usability of any of the nearby propetiies.

(C) In light of the size, location, layout, and character of surrounding uses, the Applicant submits that the property does not have reasonable economic use as currently zoned.

(D) No, the proposed development will not result in an excessive or burdenson1e use of the infrastructure systen1s . The proposed use of a retirement community is a relatively lowintensity use which will generate fewer vehicle trips than other potential developments. The proposed subject Prope1iy has convenient access to Georgia Highway 124 and Grayson Highway.

(E) Yes, the proposed developtnent is 1n conformity with the policy and intent of the Gwitmett County 2030 Unified Plan.

(F) The Applicant submits that the commercial/retail nature of adjoining properties provides additional suppo1i for the Applications.

RECEIVED BY RZC'1UO 1

NOV 0 2 2017


Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0 . Faber Christopher D. Holbrook Frances H. Kim Shane Ivi. Lanham

LETTER OF INTENT FOR REZONING AND SPECIAL USE PERMIT APPLICATIONS OF ASC ACQUISITIONS, LLC

Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Andre·w D. Stancil R. Lee Tucker, Jr.

*Of Counsel

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

special use permit applications (the "Applications") on behalf of ASC Applications, LLC (the

"Applicant") for the purpose of requesting the rezoning of an approximately 56.12 acre tract of

land (the "Propetiy") to the 0-I zoning classification. The Applicant is requesting special use

permits for the use of Retirement Community, Continuing Care and a building height increase.

The Property is located on the northerly side of Webb Gin House Road approximately one half

mile east of its intersection with Scenic Highway (a/k/a State Route 124). The Property is

currently zoned R-1 00.

The Applicant is requesting approval of the Applications in order to develop the Propetiy

as a Retiretnent Con1n1unity including a variety of residential options for residents as well as

various amenities including pools, tennis courts, and an approximately 25,900 square foot

Celebration Club facility. The proposed development would include independent living villas,

concierge-style residences, assisted living, and memory care units providing a diversity of

residents and levels of care. Residents would be able to age in place and transition within the

proposed development based on their needs. For example, Independent Living Villas would be

available for residents that live on their own, but desire a more cohesive community atmosphere

and convenient access to various amenities. Additionally, assisted living and memory care units

would be available for residents that require help with daily tasks.

The UDO encourages the type of development that is proposed by the Applicant.

Specifically, the Gwinnett County 2030 Unified Plan specifically sets forth Policy A.4.4 to

"Support Expanded Housing Options for Seniors ." The 2030 Plan provides that expanding

housing options for seniors improves quality of life by increasing the ability of senior relatives of

Gwinnett residents to move closer to their families. Moreover, the proposed community would

increase the walkability of Webb Gin House Road and would expand the pedestrian connectivity

RE Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia 30043

N 0 V 0 2 2017 NorthPoint Office II 111 75 Cicero Drive, Suite 100, Alpharetta, Georgia 30022

TELEPHONE 770 232 0000 RZC'l~OO 1

Planning & Oeve\opment FACSIMILE 678 518 6880

\.V\J...rw.mptlawfirm.com

walkability would promote a healthier lifestyle for existing residents of the surrounding area as

well as residents of the proposed development.

Residents and visitors would have convenient access to the Property via Webb Gin House Road and Scenic Highway. The Property is also located in close proximity to Grayson Highway

to the east and Sugarloaf Parkway to the north. The proposed retirement community would also

generate substantially fewer vehicle trips than a typical multi-family or mixed-use development

and would also have essentially a net zero effect on school enrollment since residents are

typically beyond the family formation stages of their lives.

As depicted on the site plan submitted with the Application (the "Site Plan"), the

Applicant is also requesting a buffer reduction along the Property ' s easterly, northerly, and a

portion of the westerly boundary lines where adjacent to residentially-zoned properties. The

UDO requires a 50-foot natural, undisturbed buffer and the Applicant is requesting a

n1odification of that buffer to a 50-foot landscaped buffer. As a large portion of the Property is

open pasture land, there is little to no buffering currently in place. Additionally, as depicted on

the Site Plan, the Applicant is requesting the approval of a special use permit for a building

height increase up to 54 feet to accommodate buildings within the proposed development ' s

centrally-located Village area.

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

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

any concerns relating to the matters set fo1ih in this letter or in the Applications filed herewith.

The Applicant respectfully requests your approval of this Application.

This 1st day of November, 2017

Respectfully Submitted,

ECEIVED BY

NOV 0 2 2017 RZC 'lf>OO 1

Janning & Development


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

RECEl\/ED BY

NOV 0 2 2017


4

Gwinnett County Planning Division Rezoning Application

Last Updated 12/20 I 5

REZONING APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. TH E 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 of Applicant

Type or Print Name and Title

RECEIVED BY

NOV 0 2 2017


Date

RZC·t~OO 1

4


REZON ING PROPERT Y OWNER'S CERTIF ICATION

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 TH E 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.

Signatu o~ roperty Owner

Type 6 rint Name and Title

Signature of Notary Public

ECE\VED BY NOV 0 2 2017


I o --:JI- r? Date

RZC 'lMO 1

5

Date

Notary Seal ,,,,n•u,,, ,,,, ~p..CKS ,,,,

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Gwinnett County Planning Division Rezon ing 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.

Date

~,,./ J ~/ J/ ~~(/u/y d f ~ /tm;{ !vttJ, (dt,dc Type or Print Name and T it le

/ Date

RECEIVED BY

NOV 0 2 2017 RZC '17,00 1


5


REZON ING 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 TH E BOARD OF COMMISSIONERS.

?ignawrec;f Property Owner

T;;peot: Print Name and Title

Signature of Notary Public

RECE\VEDBY

NOV 0 2 2017

Planning & Oeve\opl11ent

Date

Date

RZC •tfbOO 1

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.

Date

&n,e/ ~r o-f" J LL- LL/-' Type or Pnnt arne and T1tle

RECEIVED BY · ._rl€ '!ZOO 1

NOV 0 2 2017


5


CONFLICT OF INTEREST CERTIFICATION FOR REZONING )vP

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 Z oning Actions, and has submitted or attached the required information on the forms provided.

F APPLI CANT DATE TYPE O R PRINT NAME AND T ITLE

Shane M. Lanham, Attorney for Applicant

Have you, within t he 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?

~ YEs D No Mahaffey Pickens Tucker, LLP YOUR NAME

If the answer is yes, please complete t he following sect ion:

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION

POSITION OF GOVERNMENT

(List all which aggregate WAS MADE

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

See attached.

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

RECEIVED BY

NOV 0 2 2017 RZC '1~ 01 Planning & Development 6

CONFLICT OF INTEREST CERTIFICATION FOR REZONING/CHANGE IN CONDITIONS AND SPECIAL USE PERMIT APPLICATIONS

MAHAFFEY PICKENS TUCKER, LLP

NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL

Tommy Hunter Charlotte Nash

RECE\VEDBY NOV 0 2 2017

Planntng & Deve\opment

CONTRIBUTIONS

$1000 $1000

DATE

01/27/201 6 03/08/201 6

RZC '1~00 1

Updated 10/02/2017

Gwinnett County Planning Division Rezoning Application

Last Updated 12/20 IS

CONFLICT OF INTEREST CERTIFICATION FOR REZONING/)vf>

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 Zon ing Actions, and has submitted or attached the required information on the forms provided.

SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE

lOIZV! ·J1 DATE

DATE

~ ,4 ~ l/ktu-~ 1/M (J!L-TYPE OR PRINT NAME AND TITLE

TYPE OR PRINT NAME AND TITLE

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?

DYES ~NO YOUR NAME

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

NAME AND OFF.ICAL CONTRIBUTIONS DATE CONTRIBUTION

POSITION OF (List all which aggregate WAS MADE

GOVERNMENT OFFICIAL

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

--- - -

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

RECEIVED BY

NOV 0 2 2017


RZC '1~00 1 6


VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING(Svf

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 I.D. NUMBER: 5 087 120 (Map R District Land Lot Parcel


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

) t;, l~, l-0 \'7 DATE

ECE\VEDBY

H)\1 0 2 2017


·-jt\·x, ~ €/1 v \. (f j ~ ~ j 0 l jq k TITLE

7 RZ& '1~00 1

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZON ING/~uf


* N ot e: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST.

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

5 District

106 Land Lot



278 Parcel

Date

(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)

_D~'"$ < ~,h NAME

DATE

ECE\VEDBY

NOV 0 2 2017

Planning & Oeve\opment

RZC '1?>00 1 7


VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONINGj)uf



PARCEL I.D. NUMBER: 5 106 (Map Ref District Land Lot


DATE

ECE\VED BY

NOV 0 2 2017


Planning & Oeve\opment 7

003 Parcel

RZC'1~00


VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING/suP

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 REZ ONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.


5 106 067 District Land Lot Parcel

of Applicant



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

NAME

)~, 1~ . )..._ \.J$ DATE

RECE\VEDBY NOV 0 2 2017

Planning & Oeve\opment

RZC '1CCOO 1 7

JUSTIFICATION FOR REZONING

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

classify or may classify the propetiy (the "Property") which is the subject of the rezoning and special use

permit applications submitted herewith (the "Applications") 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 and the owner' s propetiy 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 Foutieenth Amendment to the Constitution of the United States.

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

zoning classification and/or without the requested special use petmit (the "SUP"), 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 Foutieenth

Amendtnent to the Constitution of the United States, Aliicle 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 Fomieenth 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 Propetiy is presently suitable for development under the 0-I classifications with the SUP as

requested by the Applicant, and is not economically suitable for development under the present R-100

zoning classification of Gwinnett County. A denial of the Applications 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 Atiicle 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

RECEtVEDBY

NOV 0 2 2017


RZ.C '1~00 1

Fourteenth Amendment to the Constitution of the United States.

A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the 0-I

classification and approve the SUP, as set forth in the Applications, with such conditions as agreed to by

the Applicant, so as to pe1mit the only feasible economic use of the Property, would be unconstitutional

and discrin1inate in an arbitrary, capricious and unreasonable manner between the Applicant and owners

of similarly situated propetiy in violation of Aliicle 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 0-I classifications and/or

approval of the SUP, subject to conditions which are different from the conditions by which the Applicant

1nay mnend its Applications, 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 discrin1inatory 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 Applications submitted by the Applicant

relative to the Propetiy be granted.

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

RECEIVED BY

NOV 0 2 2017

PI nning & Deve\opment

Respectfully submitted,

PICKENS TUCKER, LLP

RZ'C '1~00 1 2

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