ADDRESS: 500 South Columbia Drive. CITY: Decatur. s w f irm.com APPLICANT IS THE:

Size: px

Start display at page:

Download "ADDRESS: 500 South Columbia Drive. CITY: Decatur. s w f irm.com APPLICANT IS THE:"

Amanda Kelly
5 years ago
Views:

1 Gwinnett County Planning Division Rezoning Applicat ion Last Updated 2/2014 REZONING APPLICATION AN APPLICATION TO AMEND THE OFFI CIAL ZONING MAP OF GWINNETT COUNTY, GA. APPLICANT INFORMATION OWNER INFORMATION* NAME: DR Horton, Inc. c/o Mahaffey Pickens Tucker, LLP United Methodist Childrens Home of the North Georgia Confere nee, Inc. ADDRESS: 1550 North Brown Road, Suite 125 CITY: Lawre n ceville ADDRESS: 500 South Columbia Drive CITY: Decatur state: Geor g ia ZIP: STATE: Georg ia Z IP: PHONE: PHONE: CONTACT PERSON: Shane Lanham PHONE: CONTACT'S s lanham@mptla w f irm.com APPLICANT IS THE: DOWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): R- 1 OO REQUESTED ZONING DISTRICT: R-75 LAND DISTRICT(S): 5 LAND LOT(S): 98 ACREAGE: + / ADDREss of PROPERTY: 3240 Bru s h y For k Road, Loganville PROPOSED DEVELOPMENT: S ing le-family residentia l SUbd ivis ion RESIDENTIAL DEVELOPMENT 103 No. of Lots/Dwelling Units NON-RESIDENTIAL DEVELOPM ENT No. of Buildings/Lots: Dwelling Unit Size (Sq. Ft.): _1_,_8_0_0_+ Total Building Sq. Ft /- 2.9 Gross Dens1ty: Density: /- 2.9 Net Dens1ty: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2

2 LAND DESCRIPTION R-75 All that tract or parcel of land lying and being in Land Lot 98 of the 5th District, Gwinnett County, Georgia and being more particularly described as follows: COMMENCING at a Point at the Right-of-Way Intersection of the Southeasterly Right-of-Way of Rolling Meadows Drive (R/W Varies) and the Northeasterly Right-of-Way of Brushy Fork Road (60' R/W}; THENCE leaving said Intersection and traveling in an Southeasterly Direction along the aforesaid Right-of-Way of Brushy Fork Road+/- 913 to a Point, said Point being THE POINT OF BEGINNING. THENCE from said Point as thus established and leaving said Right-of-Way of Brushy Fork Road, North 60 degrees 09 minutes 58 seconds East for a distance of feet to a Point; THENCE South 29 degrees 51 minutes 29 seconds East for a distance of feet to a Point; THENCE South 59 degrees 43 minutes 25 seconds West for a distance of feet to a Point on the aforesaid Northeasterly Right-of-Way of Brushy Fork Road; THENCE along said Right-of-Way the following four (4) courses and distances, North 23 degrees 44 minutes 07 seconds West for a distance of feet to a Point; THENCE North 22 degrees 39 minutes 06 seconds West for a distance of feet to a Point; THENCE North 24 degrees 30 minutes 36 seconds West for a distance of feet to a Point; THENCE North 30 degrees 05 minutes 05 seconds West for a distance of feet to a Point, said point being THE POINT OF BEGINNING. Said Property Contains 35.5 Acres. RlR' '17 017

$\ \ \ I ~,~-... ",, \ I I I ll~ d Iii ~- /./'.. I ', I //~) ',/ NIF \ RAMPROOP, RAND~, & BRITT ZONEDR-100..]_lo~r J~ [/ --t;:j v 0\ '-\~.s-r VICINITY MAP N.T.S SrTCSUMMARY: 1.$

3 \ \ \ I ~,~-... ",, \ I I I ll~ d Iii ~- /./'.. I ', I //~) ',/ NIF \ RAMPROOP, RAND~, & BRITT ZONEDR-100..]_lo~r J~ [/ --t;:j v 0\ '-\~.s-r VICINITY MAP N.T.S SrTCSUMMARY: 1. TOTAL ACREAGE OF RESIDemAL!5.5 ACRES 2. TOTAL NUMBER OF LOTS EXISTING ZONING R-100 PROPOSED ZONING R DENSITY 2.9 LOTSIAC. 5. BOUNDARY INFORMATlON BASED ON GWINNETT COUNTY GIS TAX MAPS. 6. TOPOGRAPHIC INFORMATlON BASED ON MEAN SEA LEVEL AS TAKEN FROM GWINNETT COUNTY GIS. 7. A PORTlON OF THE SUBJECT PROPERTY UES WITHIN A DESIGNATED 100 YEAR FLOOD HAZARD AREA AS DEPICTED ON F.I.R.M. PANEL NO C01<0F DATED SEPTEMBER 29, 2001!. 8. LOTS SHOWN ARE FOR SINGLE FAMILY USE ON!. Y. LOTS DO NOT HAVE A MINIMUM SQUARE FOOTAGE. 9. ALL LOTS TO BE SERVED BY GWINNETT COUNTY GRAVITY FLOW SANITARY SEWER 10. WATER PROVIDED BY GWINNETT COUNTY. 11. SETBACK REQUIREMENTS: FRONT 30' REAR 30' SIOE 10' ~ 0 8 ~ I ch n n i 0:: 1 ~I- ~h ~ ~!~1?c I- ~~~ ~ ~ 0:: a:l ;~'iu ~~~.~". ~~t~)c 9"" ~~v... rronf[nn'i',oiiiv[w.\y!iosj.i4lliic... "MO~ ~ 2D "l(nc~ 2..0 ' ::~:tl 4'WIDCCONCRCTC SIDCWAUC.5T00[.._. j : ::~~~-~~:.~ -~:.'~-~.:~ ~ S!::: m ~U> (!),.._ ~a: ~~ [ili] ~ [!@ w n I JUNE~ 2017 I ', \ --, GRAPHIC SCALE /f.ttnmg & DevelopmW-J..-wt r r RZR' ' (IWJ'EE'T) I!~I:l0:. I ~

4 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 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 RZR '17 0 7

5 REZONING APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER (A) (B) (C) (D) (E) (F) The proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby properties. The proposed development is a single-family residential neighborhood that will conserve important natural areas. The proposed rezoning will not adversely affect the existing use or usability of any of the nearby properties. The proposed development is compatible with surrounding development. Due to the size, layout, location, and topography of the subject property, the Applicant submits that the subject propetiy does not have reasonable economic use as currently zoned. The proposed rezoning will not result in an excessive or burdensome use of the infrastructure systems. The subject property is located off of Brushy Fork Road with access to utilities. Further, the relatively low development density will not overly burden infrastructure systems. The proposed rezoning is in conformity with the policy and intent of the Land Use Plan. Applicant submits that the single-family residential nature of the area as well as the proxitnity to U.S. Highway 78 provide additional support of this Application. RECE\VED BY Planning & Oeve\opment HZR '17 017

6 .Lviattbew P. Benson Gerald D avidson, J r.* BrianT. Easley Kelly 0. Faber Christopher D. Holbrook Frances H. Kim Shane :~ d. Lanham Austen T. Mabe Jeffrey R. J'viahaffey David G. IvicGee Steven A. Pickens Andrew D. Stancil R. Lee T ucker, Jr. *Of Counsel COMBINED LETTER OF INTENT FOR REZONING APPLICATIONS OF DR HORTON, INC. Mahaffey Pickens Tucker, LLP subn1its this Letter of Intent and attached Rezoning Applications (the "Applications") on behalf of DR Horton, Inc. (the "Applicant") for the purpose of rezoning to the OSC and R-75 zoning classifications a combined +/ acres of land (the "Property") situated along Brushy Fork Road north of Old Loganville Road and east of Rosebud Road in southeastern Gwinnett County. The Property is vacant and wooded and is currently zoned R-1 00 with convenient access to Highway 78 fr01n Brushy Fork Road via both Midway Road and Rosebud Road. The Applicant proposes to develop the Property to contain a single-family residential c01nmunity including a total of 184 detached single-family homes at a size, quality, and price point commensurate with or exceeding existing homes in the surrounding area. The Property is adjacent to land owned by Gwinnett County containing Grace Snell Middle School and JC Magill Elementary School. Additionally, the OSC Property is adjacent to land zoned R-1 00 CSO along its southeasterly boundary. Across Brushy Fork Road and adjacent to the elementary school is land zoned R-1 00 Modified. RZR J Sugarloaf O ffice II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia Planning & O eve i O~o int Office II Cicero D rive, Suite 100, Alpharetta, Georgia TELEPHONE FACSIMILE W\Vw.mptlawfirm.com

7 Though the Property is a single tax parcel, it is divided down the middle by Brushy Fork Road creating two easily distinguishable tracts of land. One component piece is roughly square in shape lying on the northeasterly side of Brushy Fork Road and consists of approximately 35.5 acres (the "R-75 Property"). The second component piece is roughly rectangular in shape lying on the southwesterly side of Brushy Fork Road and contains approximately 51.6 acres (the "OSC Property"). Accordingly, the Applicant herewith submits two rezoning applications (respectively, the "R-75 Application" and the "OSC Application"). The proposed homes would include two-car garages and covered entrances as well as other attractive architectural elements. The front facades of the proposed homes would be constructed primarily of brick, stone, board and batten, and/or fiber-cement or shake siding. The proposed development would also contain a recreation/amenity area for use of residents including a pool and clubhouse. The proposed development is a low-intensity residential subdivision which would have an overall density of approximately 2.1 units per acre which is consistent with the policies set forth in the Gwinnett County 2030 Unified Plan. The Proposed R-75 development would provide approximately 103 homes at a density of approxi1nately 2.9 units per acre which is below the maximum allowed density of 3.0 units per acre for the R-7 5 zoning classification set forth in the Gwinnett County Unified Development Ordinance (the "UDO"). Hmnes in the R-75 development would contain a minimum of 1,800 square feet. The proposed OSC development would provide approximately 81 homes at a density of approximately 1.57 units per acre, which is below the maximum allowed density of 2.5 units per acre prescribed for the OSC zoning classification in the UDO. The homes in the proposed OSC develop1nent would contain a minimum of 1,800 square feet. ~!~'17017

8 The proposed development would be a quality development that is compatible with developtnent in the surrounding area. Despite the schools' R -100 zoning classification, the dayto-day character of a public school use more closely resembles a higher-intensity civic or institutional use rather than single-family residential. Additionally, the proposed development will preserve important green space in a rapidly-growing area of Gwinnett County. Specifically, the proposed development would preserve over 27 acres of conservation space which is more than 52o/o of the OSC Property' s land area. Further, surrounding development and existing homes would not face major negative in1pacts as a result of the proposed developtnent in part because of the substantial buffering required under the UDO in conjunction with extensive additional buffering preserved by the Applicant as conservation space. At a minimum, the UDO requires a 50-foot buffer around the peritneter of the OSC developtnent. Moreover, a small creek runs near the OSC Property's southwesterly boundary creating an additional buffer against the adjacent land zoned R The Applicant and its representatives welcome the oppmiunity to meet with staff of the Gwinnett County Department of 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 this Application. Respectfully subn1itted this 7th day of July, JUL

9 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 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. Date Shane Lanham, Attorney for the Applicant Type or Print Name and Title RECE\VED y Plan ing & Oeve\opmen 4

10 Gwinnett County Planning Division Rezoning Application Last Updated 12/20 IS 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. Date Type or Print Name and Title Date RECE\VED BY R.Z.R ' Planning & Oeve\opment 4

11 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. /7 Type or Print Name and Title M~ ~WJfYll~~~~ ~P' ICs Qc)o h ~ ~J 2,0 Z0 Notary Seal 5 RtZR' '17 017

Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with

12 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 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 GNAT RE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE Shane M. Lanham, Attorney for Applicant,,,,,..,,,,,,, ~~... u~..,.,,:'~.. N O r~'_;:.. ~",-:. TYPE OR PR.INT NAME AND TITLE,,,,, ~R E 13 '',,, : '":): -r,t.. -o-:. G:~Pt~t~. r- : : : ~~0 c;;s :0: :t«rpa~~ : m - ;.Z\ ~, ~O<o / ::J:J.. ~ -. u..... ~,,~ -:.. ~~i: ~~!~.. D ISCLOSURE OF CAMPAIGN CONTRIBUTIONS '',,,,~ COU~,,,'' ''''"''''' 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? ~ YEs D No Mahaffey Pickens Tucker, LLP If the answer is yes, please complete the following section: YOUR NAME NAME AND OFFICAL POSITION OF GOVERNMENT OFFICIAL 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. RZR '

13 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 Jace Brooks Tommy Hunter Charlotte Nash CONTRIBUTIONS $1000 $1000 $1000 DATE 09/29/ /27/ /08/2016 Updated 06/26/2017

14 Gwinnett County Planning Division Rezoning Application Last Updated 12/2015 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 i ormation on the forms provided. -stl [o()t111be - b.jz 1-/t;rftJn Eflf-/t/eMeJ4f TYPE OR PRINT NAME AND TITLE PttJ.-Ylo_gt;J SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE E OF NOTARY PUBLIC DATE DATE TYPE O ~,~R1 T ~ E AND TITLE,,,, \f'l \-\ T,,,,... _,\>' ,,, ~',..~~ <~J'.R y ~... "... :- v,'0 '\ ~ :: ' ~.c_ '... "" I ~V..."'..,. = I Gj..V\ ~ ~ \ ~ I V (;}..1: ~ l :: ~ ', ~~~ s ~~ g -:. ' ~o"\1. 0, f....~ -:. \ ~,' ~ l ~ '.. PU~'-',' ~,.,.:. DiscLosuRE of campaign contrib UT~.i,~ro~ c~,,,~lli',,,,,,,,\'' 1 11i1Hn"'' 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? DYES [L2(NO 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) Attach additional sheets if necessary to disclose or describe all contributions. 6

15 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZ ED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL GWINNETT COUNTY PROPERTY TAXES BILLED TO DATE FOR TH E PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL AN APPLICATION OR REAPPLI CATION 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: District Land Lot Parcel of Applicant Shane Lan ham, Atto rney for the App licant Type or Print Name and Title Date TAX COMMISSIONERS USE ONLY (PAYMENT 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) Cordcic'.t 2"' 1'1~ N. E 6(-:;{u i'/ ATE TITLE 7 RZR '17 017

16 JUSTIFICATION FOR REZONING APPLICATION OF DR HORTON, INC. The portions of the Gwinnett County Unified Development Ordinance (the "UDO") which classify or may classify the property (the "Property") which is the subject of the rezoning application submitted herewith (the "Application") into any less intensive zoning classification other than as requested by the Applicant, or that prohibit the development of the Property as set forth in the Application, 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 Aliicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fou1ieenth 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 prope1iy in violation of the Just Compensation Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendn1ent 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 Fou1ieenth 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 Prope1iy is presently suitable for development under the R-75 zoning classification 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 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 Aliicle I, Section I, Paragraph I and Aliicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fou1ieenth Amendment to the Constitution of the United States. A refusal by the Gwi1mett County Board of Commissioners to rezone the Prope1iy to the R- 75 classification as set fmih in the Application with such conditions as agreed to by the Applicant, so as to pe1mit the only feasible economic use of the Prope1iy, would be unconstitutional and discriminate JU L RZR '

17 of similarly 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 R-75 classification subject to conditions which are different frorri the conditions by which the Applicant may amend its application, to the extent such different conditions would have the effect of futiher 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 Propetiy to an unconstitutional classification and would likewise violate each of the provisions of the State and Federal Constitutions set fotih hereinabove. Likewise, a refusal by the Gwinnett County Board of Commissioners to petmit the Applicant to withdraw the Application without prejudice would be an arbitrary and capricious act by the Gwinnett County Board of Cmnmissioners without any rational basis therefore, constituting an abuse of discretion in violation of Atiicle I, Section I, Paragraph I and Atiicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Foutieenth Amendtnent to the Constitution of the United States. Accordingly, the Applicant respectfully requests that the rezoning application submitted by the Applicant relative to the Propetiy be granted and that the Propetiy be rezoned to the zoning classification as shown on the respective application. This 7th day of July, Respectfully subtnitted,. Lanham, neys for Applicant RZR '

D OWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER

D OWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA. APPLICANT INFORMATION NAME: C K K Develpment ADDREss: 17 4 Dacula Rd CITY: Dacula OWNER INFORMATION* NAME: Bettie