D OWNER'S AGENT [2] PROPERTY OWNER [2] CONTRACT PURCHASER

Transcription

1 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 Stone Manor Holdings, LLC c/o Mahaffey Pickens NAME: Tucker, LLP 1550 North Brown Road, Suite 125 ADDRESS: ADDRESS: CITY: Lawrenceville OWNER INFORMATION* NAME: Multiple--See attached CITY: STATE: Georgia Z IP: STATE: Z IP: PHONE: PHONE: CONTACT PERSON: Shane Lanham PHONE: CONTACT'S sla n ptlawfi rm. com APPLICANT IS THE: D OWNER'S AGENT [2] PROPERTY OWNER [2] CONTRACT PURCHASER R-75 MOC PRESENT ZONING DISTRICTS(S): & RA-200 REQUESTED ZONING DISTRICT: TN D LAND DISTRICT(S): 7 LAND LOT(S): 182 ACREAGE: +/ ADDREss of PROPERTY: S Puckett Road PROPOSED DEVELOPMENT: Single-family residential development RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units _1_2_8 Varies per the UDO, see Dwelling Unit Size (Sq. Ft.): Letter of Intent. +/-4.59 units per acre G ross D ens1ty:. +/-5.49 units per acre N et D ens1ty: NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: _N_A Total Building Sq. Ft. _N_A D. NA ens1ty: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 RECE\VEOBY MA.Y Planning & Development RZR '18 019

2 PROPERTY OWNERS LIST Nmne Address Parcel Stone Manor Holdings, LLC 155 Slate Dr, Buford, GA Fowler, Mary Imogene 3190 S Puckett Rd, Buford, GA JML Rev. Trust U/T/A 3178 S Puckett Rd, Buford, GA Boyle, Timothy J 3409 Hamilton Mill Rd, Buford, GA B RECEIVED BY MAY Planning & Development RZR '18 019

3 REZONING LAND DESCRIPTION All that tract or parcel of land lying and being in Land Lot 182 of the 7th District, Gwinnett County, Georgia containing acres more or less as depicted on the surveys prepared by Development Planners and Engineers, Inc. and Blue Landworks, LLC, and being more particularly described as follows: Beginning at an iron pin found (PK nail) in the center of South Puckett Road (having a prescriptive easement) where the center line of South Puckett Road intersects with the Notihern right-of-way of Hamilton Mill Road (80' right-of-way) and a State Plane Coordinate of N E Georgia West Zone, said PK nail being the TRUE POINT OF BEGINNING; Thence continuing along the centerline of South Puckett Road feet along the arc of a curve to the right having radius of 3, feet, and a chord bearing and distance ofnorth 48 degrees 09 minutes 24 seconds East, feet to an iron pin found (PK nail); Thence depmiing said centerline N 17 degrees 30 minutes 27 seconds West, feet to a point; Thence Notih 59 degrees 36 minutes 52 seconds East, feet to a point; Thence South 30 degrees 21 minutes 11 seconds East, feet to the centerline of a creek; Thence continuing along said creek centerline, the following bearings and distances, South 62 degrees 33 minute 08 seconds East, feet; Thence South 83 degrees 36 minutes 48 seconds East, feet; Thence South 45 degrees 22 minutes 23 seconds East, feet; Thence South 4 7 degrees 16 minutes 34 seconds East, feet; Thence South 77 degrees 15 minutes 48 seconds West, feet; Thence South 06 degrees 58 minutes 42 seconds East, feet; Thence South 15 degrees 23 minutes 57 seconds East, feet; Thence South 81 degrees 30 minutes 44 seconds East, feet; Thence South 15 degrees 11 minutes 07 seconds East, feet; Thence South 26 degrees 52 minutes 21 seconds East, feet; Thence South 57 degrees 32 minutes 56 seconds East feet; Thence North 88 degrees 27 minutes 30 seconds East feet; Thence South 61 degrees 37 minutes 45 seconds East, feet; Thence South 26 degrees 39 minutes 20 seconds East, feet; Thence South 63 degrees 30 minutes 56 seconds East, feet; Thence departing said creek centerline, South 74 degrees 34 minutes 20 seconds East, feet to an iron pin found (1/2" open top); Thence South 74 degrees 39 minutes 05 seconds East, feet to an iron pin found (1/2" open top); Thence South 17 degrees 07 minutes 46 seconds East feet to an iron pin found (pk nail) in the centerline of South Puckett Road; Thence continuing along said centerline of South Puckett Road, the following bearings and distances, South 65 degrees 33 minutes 23 seconds West, feet to an iron pin found (pk nail); Thence feet along the arc of a curve to the left, having a radius of feet and a chord bearing and distance of South 56 degrees 20 minutes 22 seconds West, feet to an iron pin found (pk nail); Thence feet along the arc of a cure to the left, having a radius of feet and a chord bearing and distance of South 49 degrees 46 minutes 54 seconds West, feet to an iron pin found (pk nail); Thence South 50 degrees 44 minutes 43 seconds West, feet to an iron pin found (pk nail); Thence feet along the arc of a curve to the left having a radius of feet and a chord bearing and distance of South 50 degrees 34 minutes 59 seconds West, feet to an iron pin found (pk nail); Thence South 50 degrees 03 minutes 45 seconds West, feet to an iron pin found (pk nail); Thence departing said centerline of South Puckett Road, South 11 degrees 10 minutes 08 seconds East, feet to an iron pin found (1/2" rebar), said pin being on the Northern margin of Hamilton Mill Road having an 80' right-of-way; Thence continuing along said nmiherly margin South 78 degrees 49 minutes 52 seconds West, feet to an iron pin found (PK nail), said nail being in the centerline of South Puckett Road and being the TRUE POINT OF BEGINNING. RECEIVED BY MAY RZR ' Planning & Development

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5 Gwinnett County Planning Division Rezoning Application Last Updated 2/2014 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 RlR ' MAY Planning & Development

6 REZONING APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER (A) (B) (C) (D) (E) (F) Yes, the proposed Rezoning Application will permit a use that is suitable in view of the use and development of adjacent and nearby property. The Property just off Hamilton Mill Road and is across the street from land zoned C-2. No, the proposed Rezoning Application will not adversely affect the existing use or usability of any of the nearby properties. Due to the size, location, layout and dimensions of the subject property, the Applicant submits that the property does not have reasonable economic use as currently zoned. No, the proposed rezoning will not result in an excessive or burdensome use of the infrastructure systems. The Property has convenient access to Hamilton Mill Road and Ridge Road with access to utilities. Yes, the proposed Rezoning Application is in conformity with the policy and intent of the Gwinnett County Land Use Plan. The Property is designated as within the Existing/Emerging Character Area which encourages residential infill development and single-family detached and townhouse develop1nents. The Applicant submits that the subject Property's location across the street from comn1ercially-zoned property provides additional supporting grounds for approval of the application. RECE\VEDBY MAY Planning & Development RZR '18 019

7 Mahaffey Pickens Tucker, LLP. ATTORNEYS AT LAW ' ' Matthew P. Benson Gerald Davidson, J r. * Brian T. Easley Kelly 0. Faber J\!Iary Grace Griffin Christopher D. Holbrook N icholas N. Kemper Shane M. Lanham LETTER OF INTENT FOR REZONING APPLICATION OF STONE MANOR HOLDINGS, LLC Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Thomas A. Simpson Andrew D. Stancil R. Lee T ucker, Jr. *Of Counsel Mahaffey Pickens Tucker, LLP submits this Letter of Intent and attached Rezoning Application on behalf of Stone Manor Holdings, LLC (the "Applicant") for the purpose of requesting the rezoning of an approximately acre tract (the "Property") located on South Puckett Road just off of Hamilton Mill Road in northern Gwinnett County. The Property is currently split-zoned C-2, R-75 Modified, and RA-200. The Applicant proposes to develop a distinctive and attractive single-fmnily residential community under the Traditional Neighborhood Development District (TND) consisting of 128 homes with a variety of house styles and designs. The proposed development would be served by a single entrance on South Puckett Road. The proposed development would include six different home types including townhomes and detached homes on large, medium, and small lots as set forth in the Gwinnett County Unified Development Ordinance (the "UDO"). The proposed community would also include a mix of front and rear entry homes. Townhomes would range from approximately 1,600 to 2,000 square feet and the detached homes would range from approximately 1, 700 to 2,800 square feet. The proposed townhomes are positioned internally to the development with the large-lot detached homes situated along the perimeter of the Property. In fact, at 70 feet, the width of the proposed large lots along the Property's westerly boundary line match the width of the homes in ZR ' RECEIVED BY Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia NorthPoint Office II Cicero Drive, Suite 100, Alpharetta, Georgia MAY TELEPHONE FACSIMILE W\V\V.m ptlawfirm.com Planning & Development

8 the adjacent subdivision zoned R-75 Modified. This design creates an appropriate transition of land uses frmn property zoned General Cmnmercial (C-2) just across South Puckett Road to additional single-family detached developments to the west and north. Moreover, additional buffering is provided along the Property's northerly boundary line. The UDO calls for a 25 -foot wide natural, undisturbed buffer on land zoned TND where adjacent to land zoned R-75 Modified. However, a small creek is located near the Property's northerly boundary line. Pursuant to the requirements of the UDO, the proposed development must include a 50-foot wide natural undisturbed buffer n1easured from the creek banlc As the northerly boundary line approaches hon1es in the adjacent subdivision, it departs from the centerline of the creek which results in the expansion of the buffer to over 115 feet wide in spots. The proposed developn1ent also includes a large green space In the center of the development which would provide a recreational opportunity for residents. The proposed green space would include nature trails and related pedestrian mnenities which would connect to sidewalks in the development creating a walkable envirmunent and prmnoting a healthy lifestyle. The centrally-located amenity would also create an activity center and gathering place for residents fostering a sense of community. Including the central green space, the proposed development provides over six acres of common area which is 23o/o of the Property's gross acreage. In addition to internal walkability, residents would be able to walk to a wide variety of cominercial and retail uses located at the intersection of Hmnilton Mill Road and Ridge Road including various restaurants and a Kroger shopping center. The proposed cmnmunity would consist of hoines at a size, quality, and price-point con1mensurate with or exceeding homes in the surrounding area. The proposed townhomes would include double-car garages as well as attractive architectural elements which are RECEIVED BY Rl.R ' MAY Planning & Develoomen1

9 con1patible with the surrounding area. The front fa9ades of the homes would be constructed pri1narily of brick, stone, shake/siding, and/or board and batten as depicted in the building elevations sub1nitted with the Application. The Gwinnett County 2030 Unified Plan (the "2030 Plan") provides that "promoting a variety of housing options for Gwinnett County residents is one of the policy goals of the Unified Plan." Moreover, the 2030 Plan encourages "single fmnily detached and townhouse developments at low to moderate densities" and "residential in-fill development at densities and architectural character compatible with existing develop1nent." The proposed development is cmnpatible with the spirit and intent of the 2030 Plan especially when considering that the Property is located across the street for land zoned C-2 for con1mercial uses. The Applicant and its representatives welcon1e the opportunity to n1eet with staff of the Gwinnett County Departlnent of Planning & Developn1ent 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 submitted this 25th day of May, PICKENS TUCKER, LLP Attorneys for Applicant RECEIV DBY RlR ' MAY Planning & Development

10 Gwinnett County Plann ing Division Rezon ing 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 W ITHIN 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 Date 4 RZR ' RECEIVED sy MAY Planning & Development

11 REZONING APPLICANT'S CERTIFICATION Gwinnett County Planning Division Rezon ing Application Last Updated 12/20 I S 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. Signature of Applicant Date Type or Print Name and Tit le Date I,,,,,,,,,,,,,,,, ~~ E au l:l ''',,... ~V','1'~.',,... ~...,OTAn. ~o ',.: ~, \""' r(l,.,.... ""'""' r?:.,. = ~ :' EXPIRES ~ :_ : : GEORGIA : :o : '; r.. '.. October 2, 2020.: ~ -~~..... Rl;~ '18 0.l 9 4 RECEIVED BY MAY Planning &Development

12 Gwinnett County Planning Division Rezoning Application Last Updated 12/201 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 APPLI CATION 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 Property Owner Date 13 rz "" Ash L,JI.Y ~L I M "'"''") er rj ~ Type or Print Name and Title S'i-u ~ e ;Vlc.."'"r ffc!jc'"jif L L (_ RZR ' REC 1 ~ BY MAY 3 I 2018 PIP. anning&dev~/ vdpm.nt

13 Gwinnett County Plann ing Division Rezoning Application 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 APPLI CATIO N OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON W ITHIN 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 APPLI CATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS. 6-/8-16' Date Type or Print Name and Tit le I? 5-;8- lb' Date Notary Seal REGEl\~ D y MAY Planning & Dev"lopment

14 Gwinnett County Plann ing Division Rezoning Application Last Updated 12/201 5 REZONING PROPERTY OWNER'S CERTIFICATION THE UNDERSIGNED BELOW, OR AS ATTACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN THIS APPLI CATION. THE UNDERSIGNED IS AWARE THAT NO APPLI CATIO N OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON W ITHIN 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 REAPPLI CATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS. ( DatJ RECEIV 0 5 MAY ;{ P/anning&Oeveloom n

15 Gwinnett County Planning Division Rezoning Application Last Updated I 2/20 I 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 THAI'J SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS. JM L Re..vol.'_cv~le ~l!s"t ~ (j / 1--- ~ Date Jhr\ L Re.. \/O(A_,b le... /r-u~+- 8y! ~~e.- 5oa'il_s 1 Tr4.51ee_ Type or Print Name and Title Terolyn Wright NOTARY PUBLIC Gwinnett County, GEORGIA My Comm. Expires 02/10/2020 Notary Seal RlR '180!9 ~ DBY MAY aaning&Dev lopment

16 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. APPLICANT DATE TYPE OR PRINT NAME AND TITLE N E OF APPLICANT'S ATTORNEY OR REPRESENTATIVE DATE 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. 6 nz,~ '18 o.! 9 MAY P/anning&D v~lopmen

17 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 John Heard CONTRIBUTIONS $2000 DATE 02/20/2018 R6 MAY Planning & Developm nr RlR ' Updated 03/01/2018

18 Gw lnnctt County Pl:annlng Dhtdslon Rct.onmg Applit.<ttion Last Updated ~ IS CON:fLJCT OF INTEREST CERTIFICATION FOR REZONING Tiic UrH:iersigncd bdow, making applicatmn for a P.t:l.onm,g, ~ as complied wi the Of itta! Code of Gcorgia Scc.tlo11 J6-67A-C ct. seq..g.o.n11l.:ct.s:iuntcn;::t.t: m Zomog Actiom. at1d has submitted or ~wed information o r;;~~~, 1 ~ vldcd Br~"'" ~s~wo~t~,tl~ "'"'5er SIGNATURE OF APPLI CANT DATE TYPE OR PR1NT NAME AND TITLE -;~..; SIGNATURE O F APPLICANTS A, EY R REPRESENT.A,TiVE ~--,~~N~-;~;~T~-~N~ - - -r --~A;~-~~~~;;~~:; ~~... l,... ~.. AME ANDOFFlCAL... T t POS~nONOf: i.., I GOVERNMENT 1 (List all which aggregatt2 ;... WAS MAD I I OFF ICIAL I to $2SO or More) 1 (Within.lat two y&~n) 1 r-~--, ~--r-----~~---~~ l i! l i : Attach addrti onal!ihtcts if hcccss-a.ry to dlsdosc or dcsalbc: all cr.. mt.rlbutions. REC ti!j D y MAY Planninrr & D ~ eve/opment

19 0,J Gwinnett County Planning Division Rezoning Application Last Updated 2/2014 VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLI CATION. 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 SU CH 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 Land Lot 044 Parcel Signature of Applicant Shane Lanham, Attorney for the Applicant Type or Print Name and Title 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) NAMEL 5t. ~1L tk DATE TITLE 7 RlR '18 0 l.9 C IIIJ D A ~~ y : J '?r)18 0 ~ /J I Plannit7g&D ~, VI 'DPment

20 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 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 I.D. NUMBER: (Map Reference Number) District Land Lot 033 Parcel pplicant Shane Lanham, Attorney for the Applicant Type or Print Name and Title TAX COMMISSION ERS 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) ~ Z)( I L \ '~ fl) f>:;t ~~,...r.,,l =- if_n-_) _s_~ NAME TITLE DATE 7

21 Gwinnett County Planning Division Rezoning Application Last Updated 2/2014 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 SU CH 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) 7 District Land Lot Parcel Shane Lanham, Attorney for the Applicant Type or Print Name and Title 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) &dr:j e~e1'- r. NAME st-;;.~ t!g DATE TITLE 7 MA y ~,] Plannin [), Ve/oprn nt

22 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 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. * N ote: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I. D. NUMBER: (Map Reference Number) 7 District Land Lot Parcel of Applicant Shane Lanham, Attorn ey for the Applicant Type or Print Name and Title 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) G0r Jc,J f'"~"eg TITLE DATE 7 72 ~? ' q -~, CEtL!J D MAY :-1 1 zo: 8 P!anrlirtg & D evclop fjenr

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31 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 Owners' 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 Atiicle 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 legiti1nate state interests. The Property is presently suitable for develop1nent under the TND classification as requested by the Applicant, and is not economically suitable for development under the present zoning classifications of Gwinnett County. A denial of this Application would constitute an arbitrary and capricious act by the Gwinnett County Board of C01runissioners 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. tlzr ' C IV 0 y MAY Planning Development

32 A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the TND classification 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 discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and owners of similarly situated property 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 TND 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 Owners' 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. Respectfully submitted, 1550 Nmih Brown Road Suite 125 Lawrenceville, Georgia (770) ftzr ' RECEtliJ DBy I..J.I"Y. IV,.:.1 ~~ 1 2 ' u.:t D18 Planninrr&D ~ ve/opment 2