D OWNER'S AGENT D PROPERTY OWNER 1::2] CONTRACT PURCHASER

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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 NAME: Paran Homes, LLC c/o Mahaffey Pickens Tucker, LLP 1550 North Brown Road, Suite 125 ADDRESS: ADDRESS: CITY: Lawrenceville OWNER INFORMATION* NAME: Please see attached CITY: state: Georgia ZIP: STATE: ZIP: PHONE: PHONE: CONTACT PERSON: Shane Lanham PHONE: CONTACT'S APPLICANT IS THE: D OWNER'S AGENT D PROPERTY OWNER 1::2] CONTRACT PURCHASER C-2 & 0-1 C-2 PRESENT ZONING DISTRICTS(S): REQUESTED ZONING DISTRICT: LAND DISTRICT(S): 5 LAND LOT(S): 156 ACREAGE: +/ ADDREss of PROPERTY: 2793 Loganville Highway, Loganville PRoPosED DEVELOPMENT: Commercial/Retail Development RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units _N_/_A No. of Buildings/Lots: _5_/_1 Dwelling Unit Size (Sq. Ft.): _N_/_A Total Building Sq. Ft. +/-79, 000 Gross Density: _N_/_A D. +1-7,837 square feet per acre ens1ty: Net Density: _N_/_A PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 RZC ' Plannmg & Developmen

2 Property Owners Name Parcel Address Grayson Development, LLC S Main St, Alpharetta, GA RES-GA LTV, LLC NW 107th Ave, Ste 200, Miami, FL RZC '17 019

3 DESCRIPTION OF TRACT II All that tract or parcel of land lying and being in Land Lot 156 of the 5th District, Gwinnett County, Georgia and being more particularly described as follows: BEG INNING at the intersection of the southwesterly R/W line of Loganville Highway (aka State Route No. 20) (variable width R/W) with the northwesterly R/W line of Oak Grove Road (variable width R/W) ;, THENCE running along said R/W line of Oak Grove Road the following courses and distances: South 19 degrees 37 minutes 35 seconds West a distance of feet to a point; THENCE South 34 degrees 45 minutes 53 seconds West a distance of feet to a point; THENCE South 10 degrees 42 minutes 20 seconds West a distance of feet to a point; THENCE leaving said R/W line South 82 degrees 35 minutes 31 seconds West a distance of feet to a point; THENCE North 17 degrees 58 minutes 19 seconds West a distance of feet to a point; THENCE North 55 degrees 05 minutes 38 seconds West a distance of feet to a point; THENCE North 59 degrees 56 minutes 40 seconds West a distance of feet to a point; THENCE South 30 degrees 03 minutes 20 seconds West a distance of feet to a point; THENCE North 59 degrees 56 minutes 40 seconds West a distance of feet to a point; THENCE North 59 degrees 56 minutes 40 seconds West a distance of feet to a point; THENCE North 43 degrees 25 minutes 07 seconds East a distance of feet to a point on the southwesterly R/W line of Loganville Highway; THENCE running along said R/W line of Loganville Highway the following courses and distances: South 59 degrees 40 minutes 12 seconds East a distance of feet to a point; THENCE North 16 degrees 58 minutes 17 seconds East a distance of 2.00 feet to a point; THENCE South 59 degrees 50 minutes 55 seconds East a distance of feet to a point; THENCE South 32 degrees 29 minutes 44 seconds East a distance of feet to a point; THENCE South 69 degrees 00 minutes 57 seconds East a distance of feet to a point; THENCE North 31 degrees 18 minutes 08 seconds East a distance of feet to a point; THENCE South 59 degrees 50 minutes 37 seconds East a distance of feet to a point; THENCE South 58 degrees 41 minutes 54 seconds East a distance of feet to a point; THENCE South 55 degrees 05 minutes 38 seconds East a distance of feet to a point; THENCE South 59 degrees 27 minutes 59 seconds East a distance of feet to a point; THENCE South 42 degrees 06 minutes 43 seconds East a distance of feet to a point; THENCE South 59 degrees 50 minutes 22 seconds East a distance of feet to a point; THENCE South 57 degrees 33 minutes 33 seconds East a distance of feet to a point; THENCE South 47 degrees 11 minutes 19 seconds East a distance of feet to a point; THENCE South 66 degrees 06 minutes 38 seconds East a distance of feet to a point; said point being the TRUE PO INT OF BEGINNING. Said tract contains acres. RZC '17 0 J. 9

4 (ot~l 0\QI!I[.-Q. PCI"oll,~ L~l[ LEGEND --::; -..,, r;jo l " 0 -- : ~ ~: (>:1~1 o,q;h(aij IILH1t{ll[ Ull!.U I~ Oo.LQ( J.n Cfl tu(l(~cpu.ii I tl t'(jio! LIIC...,,...o.. L()"".. nrot IJII(l l ~CI>I1J"" nrr,.,:o c I.U ( ""f"oo.locahot tj'iolocj>n.lroo(.a':.lj!i[ ""!'flo l.(lc.ahorl Ul'ilt r,pd.jtoo "1!41(11 L~l[ Of'l'f!Oo. LIY "'"'' o utro Yl t[ll L~ ' [.,..- ';.,_ UIU/A "" == lllm!lopi<linl'brandaii.il6 NAXJNUN BUILDINQMEDfl' 3G' 1~~ BIDEYARD 5FEET :::::~ILDINQEEPARATION '20~ NINIMJMFRCINT 100' NAXlNUN OENBTY Cli UJA NAXlMUN LOTc:::ovERAGE (BUlO..Nm PNU<Nl}- III:No COtaiON MEA NmJ0R Q=IEN!P 1fi BUPPKIIS SIDE.fEAR FRONT lll!iiiden'il\lpauing Nt:i NONE ~ 1.8PERRESIDEH1W.~ DRIVEWAY 212 SPACES 1Cii lotal 334 'IW "" RMIDKNTtAL VAlllANCBS ~~n:~cebrecuebtedrlrnerebident\al.. r.. "".,~,... ~!0[\I'CUI I OI.II> ~ ~ "'" ~""' "'''"a' 0 "~" ' "'""~'"""""'~ ' 0 '""'AA ' '"''""~""""'~ ""' c::::==j '"".,.,~, "'~ " "" c:::::::::::==:"""'"~"''""~ c===j "" "''"" "'"""' c::::==j "'"'' '"" ~.. ~, '''"""'' lz2z2222zl '.,.,.., "'"""'' '~ ""' " "~" ~~:N --- <1~"a:.;..,.~ --- ll.ldwdcuhon& ~~& -~~... ~~~ COMMERCIAL SITE DATA= TRACTIIQROISSetn:MfA 10.QI.tCREB TRACTIINETBITEAREA 10.1)1~ Fl.OODPI..AIN(AI'I'RQXl>lo\TE) 0 ZONlNG EXJ8'T1NCJ2:0NJMQ C2&.~ PROPOBED~.2:CHM3 C-2 ZONING.l.JRl80JCT10N. QWINNETTCOI..HTY DEVBLClPlOINl'T!PE DIM!LOP:YIINT BrANDAII.Il6 NAXlNUN BUil.DtNG HElGHT FRONT 8E11W'( REARSETBN::K BIDE SETBACK MINNJM BUILDINQ BEPARATlON 7,tmSFJN::RE. -45' 115 FEET 30FEET 10 FEET '20 FEET ==~ ~wumt No: c:::c:maion AREA.AND.CR CFEN IF NA -~ CO>QIEIICIALPAIIXING REQUIRED SPACES,_. REQUIREDSPACEB 1 PER 500 ff 1M 1PER1150BF 52G ~~~ SITE NOTES: 1.11Cl.l\10ARYNOfN\'TI:JHTNCENFRCNLECIN..~OF flfoiekty. ALLT'CF'OQIWMC".AioFORMATlONTAICEHFROiolc:cunYQII llataikjilrveyfwjw:jidh'a.eht. 2.AC:CX:IN)MIT0Tl u.&.ftihan)m.dl.fe~nat10nal lliereare NO V~CEBREQUEBTED FORTHEcx:liAoERCIAL TRACTATT1il8'TWE. WETlNC)8~ ~1<1'e.NOTLOCATI!DCJ\I"TMa~ J..loCOOfiDNJ10TtEFDIAFUXJD...WC:SRATE!IriWI'FOR~ CXJ..NJY, CI!:CRllANQI«XJJIIFFCll'AlE)N'fV,S,~TJYPNe.. Nl..at.1311m.PG111F&131F, TlEPIIIai:PEKTYDCIEINOTFALL\\1llWIIA ~~~~~ lii!pkiil!ncbdocijioiml: F.1 OWNBRIDBVELOPBR ll~iiitmes!10051r-*frvldrl-lhll..sut.dj Dllhntt,U.JCDI NOTii:rlftll'nW:Ion~IMNICU*I~-.~~ lcaoonol.-snguncllrllr'olnduala.,ci~..,_.rw.on. -,~- ~~~~=:: 4317ParkDr:lve,Suite400 No:t'Cl"'OIyGeo:rgla30093 ~(770)41&-75'11 F.x: (771l} """''"' travtsprultt.com...oydllltl'dy~trw:tn./~iinat,...,.,.. ftra...~or..mdmcyottni~n. fc) Ccpyrlglti 20T7 &~~i~j ~:Zfr~1ff{f~~fi ~u~e:~ TYPICAL QUAD UNIT DETAIL MAY / ~;;~c;.., ~ RlC '170 19r ~O b CRAPHIC 1 ~gal( - 1J~~(T ;, 6 o :;::,. ~ ZONING PLAN Loganville Highway Tract :zm~ ttwy Undl;lt1511,51hDiolrtct -Calnly.Cloagla -(D:. CN:1701a2DP02 T:awilolr.P:u!l:t: l".v: -""' N :~ of 1

5 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 REZONING APPLICAN T 'S RESPON SE 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 RZC '17 019

6 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 represents an appropriate transitional use. 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 property could potentially have some 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 Loganville Highway with access to utilities. Further, the development represents a partial downzoning 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 increasing commercial/retail nature of the area as well as the reduction in development intensity adjacent to existing residential uses provide additional support of this Application.

7 Mahaffey Pickens Tucker, LLP:. ATTORNEYS AT LAW Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber Christopher D. Holbrook Frances H. Kim Shane M. Lanham Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Andrew D. Stancil R. Lee Tucker, Jr. *Of Counsel COMBINED LETTER OF INTENT FOR REZONING APPLICATIONS OF PARAN HOMES, LLC Mahaffey Pickens Tucker, LLP submits the attached rezoning applications (the "Applications") on behalf of Paran Homes, LLC relating to a proposed development on an approximately acre tract of land (the "Prope11y") located along Loganville Highway (aka Georgia State Route 20) in southeastern Gwinnett County. The Property comprises two tax parcels, R and R which are both currently "split-zoned" C-2 and 0-I. The Applicant is proposing to rezone a +/ acre portion of the Property (the "R-SR Property") to the R-SR zoning classification and the remaining +/ acre portion of the Property (the "C-2 Property") to the C-2 zoning classification. The C-2 Property is oriented along the Property's Loganville Highway frontage and would contain five buildings with a combined total heated floor area of approximately 79,000 square feet. The C-2 Property would be accessed from proposed driveways on Loganville Highway and Oak Grove Road. Additionally, the C-2 Property would be accessible through an interparcel access point on the northwesterly property line which would connect the Property to the Grayson Village Shopping Center. The buildings on the C-2 Property would include attractive architectural features in line with existing commercial development along Loganville Highway. Since the Applicant is planning to develop the R-SR Property and C-2 Property in Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia RECEJVEQ BY NorthPoint Office II Cicero Drive, Suite 100, Alpharetta, Georgia TELEPHONE FACSIMILE RZC '17019 \!l\v\v.mptlawfirm.com

8 conjunction with one another, the Applicant is also requesting to eliminate the required 75 -foot buffer. The proposed development on the R-SR Property would contain 106 senior living villas at a net density of approximately 3.82 units per acre which is substantially below the maximum density of six units per acre set forth in the Gwinnett County Unified Development Ordinance (the "UDO"). The R-SR Property would have access to Oak Grove Road and would tie-in to the C-2 Property driveways via a proposed roundabout. Streets within the proposed R-SR development would be constructed in an interconnected grid pattern. The R -SR Property would also include pocket parks and village greens as well as a potential specimen tree save area for residents' use and enjoyment. An amenity area with pool and clubhouse would also be provided near the R-SR Property's entrance on Oak Grove Road. The Applicant respectfully submits that the proposed development is consistent with the policies and intent of the Gwinnett County 2030 Unified Plan and would be compatible with adjacent properties. The Property is located in the Corridor Mixed-Use character area for which the 2030 Unified Plan encourages high-intensity commercial developments and mixed-use developments. However, the Property is adjacent to land designated as within the Existing/Emerging Suburban character area for which the 2030 Unified Plan encourages lowerintensity residential development. The proposed development would provide an appropriate transition of uses from commercial and retail uses located along Loganville Highway to the single-family detached residences located to the south and southwest of the Property. Moreover, as the R-SR Property is currently zoned 0-I and C-2, the proposed rezoning to the R-SR zoning classification would actually represent a down zoning and reduction in intensity of development. RZC '17 019

9 The Applicant welcomes the opportunity 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 Applications filed herewith. The Applicant respectfully requests your approval of the Applications. This 3rd day of May, Respectfully Submitted, Y PICKENS TUCKER, LLP Planninp & Development RZC '17 0 l9

10 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 4 Plan nino & Development RZc '170 19

11 Gwinnett County Plann ing Division Rezoning Appl ication Last Updated 2/20 14 REZONING PROPERTY OWNER'S CERTIFICATION THE UNDERSIGNED BELOW, OR AS ATTACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN TH IS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLI CATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS. Type or Print Name and Title ) Signature of Notary Public 5-l-l( Date 5

12 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 o Date Stephen J. Tyde, Jr., Authorized Signatory Rialto Capital Advisors, LLC, Attorney in Fact Type or Print Name and Title Date 5 RZC '17 019

13 Gwinnett County Planning Division Rezoning A pplication 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 Z oning Actions, and has submitted or attached the required information on the forms provided. F APPLI CANT DATE TYPE OR PRINT NAME AND TITLE Shane M. Lanham, Attorney for Applicant TYPE O R PRINT NAME AND TITLE,,,...,,,,,~ tj,cd4 ~'~,,,_\ ~ lr--,,,... ~ :\:~\Hy,.'( "', '" ~0, : i.j.j :...- ' <:., -:. ~~ ~~\}.''~~.. - N O 1.l)\tQP'"''- 4:: : : G~,,,zo's : CJ: -;. r.. fe\lfu'3f'4...)...--., \,)', c. - -:, ~z.,, Pun'\.t:.. ~ DISCLOSURE OF CAMPAIGN CONTRIBUTIO~/"lt~ ~ T 'c' ' 0 v,,',,,,..,,,,,,, ~ T,, Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $ or more to a member of t he Board of Commissioners or a member of the Gwinnett County Planning Commission? E) 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) At tach additional sheets if necessary t o disclose or describe all contributions. 6 RZC 'J7 019

14 CONFLICT OF INTEREST CERTIFICATION FOR REZONING/CHANGE IN CONDITIONS AND SPECIAL USE PERMIT APPLICATIONS MAHA ~ F EY PI 9_KEN S TUCKER, LLP NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL Tommy Hunter Jace Brooks John Heard Jace Brooks Tommy Hunter Charlotte Nash CONTRIBUTIONS $1000 $1000 $1000 $1000 $1000 $1000 DATE 03/05/ /05/ /31/ /29/ /27/ /08/2016 RZC 'J70J9 Updated 03/21/2017

15 Gwinnett County Planning Division Rezoning Application Last Updated I 2/20 I 5 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. ~(\. ~~, o,~-\cv J ~~u.-s.+:-ay TYPE OR PRINT NAME AND TITLE SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE S GN.A1 URE OF NOTARY PUBLIC 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? D YES ~0 ~.. II,., ~-:2 YOUR N~ E 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 CON~RIBUTION WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. 6 RZC 'J7 0 l9

16 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 REAPPLI CATION FO R REZONING BE PRO CESSED WITHO UT SU CH PROPERTY VERIFICATION. *Not e: 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 Parcel /~ S-;gn~~ f Applicant ~ a n e 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 P. EL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE... IGNAT ~E BEL ) \SA- l) TITLE DATE 7 RZC '17 019

17 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 PRO PERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CAS E SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SU CH PROPERTY VERIFI CATION. *Not e: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: (Map Ref~ nee Number) ~ '~ {_ ~'-. ure of Applicant District Land Lot Parcel Shane Lanham, Attorn ey for the Applicant Type or Print Name and Title TAX COMMISSIONERS USE ON LY (PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PA L HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE S NA URE B LOW ~~ftfu~-- ~~- TITLE _l\~--- DATE 7 tviay

18 JUSTIFICATION FOR REZONING APPLICATION 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 C-2 zoning classification as requested by the Applicant, and is not economically suitable for development under the present C-2 & 0-I zoning classifications, including any applicable conditions and/or stipulations, 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 RZC 'l70l9

19 Amendment to the Constitution of the United States. A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the C- 2 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 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 C-2 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. This 3rd day of May Respectfully submitted, PICKENS TUCKER, LLP RECEIVED By Planmnc i;,,.... '"' Je telu L m~~~t

20 Gwinnett County Planning Division Rezoning Applicat ion Last Updated 2/20 14 REZONING APPLICATION AN APPLI CATION TO AMEND THE OFFI CIAL ZONING MAP O F GWINNETT COUNTY, GA. APPLICANT INFORMATION NAME: Paran Homes, LLC c/o Mahaffey Pickens Tucker, LLP ADDRESS: 1550 North Brown Road, Suite 125 CITY: Lawrenceville OWNER INFORMATION* NAME: Please see attached ADDRESS: CITY: state: Georgia Z IP: STATE: Z IP: PHONE: PHONE: CONTACT PERSON: Shane Lanham PHONE: CONTACT'S slanham@mptlawfirm.com APPLICANT IS THE: DOWNER'S AGENT D PROPERTY OWNER [KJ CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C-2 & 0-1 R-SR REQUESTED ZONING DISTRI CT: LAND DISTRICT(S): 5 LAND LOT(S): 156 ACREAGE: +/ ADDREss of PROPERTY: 2793 Loganville Highway, Loganville PROPOSED DEVELOPMENT: Senior Ori ented Residential Development RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units 106 _ No. of Buildings/Lots: /-1,000 (min.) Dwelling Unit Size (Sq. Ft.): Total Building Sq. Ft /-3.64 units per acre G D ross ensrty: Density: /-3.83 units per acre N et D ensrty: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 MAY RZR '17 01 Z

21 Property Owners Name Grayson Development, LLC RES-GA LTV, LLC Parcel Address 7 S Main St, Alpharetta, GA NW 107th Ave, Ste 200, Miami, FL RZR '

22 LAND DESCRIPTION TRACT I All that tract or parcel of land lying and being in Land Lot 156 of the 5th District, Gwinnett County, Georgia and being more particularly described as follows: COMMENCIN G at the intersection of the southwesterly RIW line of Loganville Highway (aka State Route No. 20) (variable width RIW) with the northwesterly R/W line of Oak Grove Road (variable width RIW), THENCE running along said RIW line of Oak Grove Road the following courses and distances: South 19 degrees 37 minutes 35 seconds West a distance of feet to a point; THENCE South 34 degrees 45 minutes 53 seconds West a distance of feet to a point; THENCE South 10 degrees 42 minutes 20 seconds West a distance of feet to a point; said point being the TRUE PO INT OF BEGINNING. THENCE South 07 degrees 24 minutes 29 seconds East a distance of feet to a point; THENCE along a curve to the left having a radius of feet and a length of feet, said curve having a chord bearing of South 12 degrees 21 minutes 46 seconds East and a chord distance of feet to a point; THENCE South 17 degrees 16 minutes 33 seconds East a distance of feet to a point; THENCE leaving said R/W line of Oak Grove Road South 60 degrees 15 minutes 35 seconds West a distance of feet to a point; THENCE South 60 degrees 15 minutes 35 seconds West a distance of feet to a point; THENCE North 54 degrees 59 minutes 36 seconds West a distance of feet to a point; THENCE North 55 degrees 04 minutes 16 seconds West a distance of feet to a point; THENCE North 42 degrees 49 minutes 27 seconds East a distance of feet to a point; THENCE North 46 degrees 15 minutes 15 seconds West a distance of feet to a point; THENCE North 43 degrees 25 minutes 07 seconds East a distance of feet to a point; THENCE South 59 degrees 56 minutes 40 seconds East a distance of feet to a point; THENCE South 59 degrees 56 minutes 40 seconds East a distance of feet to a point; THENCE North 30 degrees 03 minutes 20 seconds East a distance of feet to a point; THENCE South 59 degrees 56 minutes 40 seconds East a distance of feet to a point; THENCE South 55 degrees 05 minutes 38 seconds East a distance of feet to a point; THENCE South 17 degrees 58 minutes 19 seconds East a distance of feet to a point; THENCE North 82 degrees 35 minutes 31 seconds East a distance of feet to a point; said point being the TRUE POINT OF BEGINNIN G. Said tract contains acres. MAY RZR '17 012

23 ..,...Oo.LtiC.An O"IINUl~tii\Uit;IOI.JI< ~Q.E!'!Q.,, {of':;ipo"/oip(<i.l /QJ o.,.,..-1,.,. (, (... IUC.UI".IAUIIAO'tl 11M {ol~ l o..ttlloc:. DO "" "'"''"'0> ' 11:~ \ /' ~ 0..:.:. ''-"~ ~~~... (.. ~,...,,, [JJ' I II'>UH(,on IU[I t1cioll,lll(.lf-f'iioo. L!K ~ nflft tniol~'g"cl.jih 1'0'1 1< ~,gl[ ""f'm0o.l~ o n... o owoi)(p'tr-oji!nrtll r!t<:l<l:l"l(... I'OIIIoLOCAnoP t I()("GG'(()t<l!{..t".UIIf -Oo.LCIC;Jon!O' I'MI.LUI\I!<~.fl:ll... l( c;;-,.:;."vitee Shosf!!f,'- DI!'IEl.Ol'l<KI<T!P& TOTAL~IORI..IWtGLH11!5 100 TOTALNETOEN!WTY. U2U/A IliiVELOPKI!NTS1:ANilAKD8 MAXNUN BUILDINQ HEJGHT 315' FRCHT'YAAIJ 5FEET REAR.YM:D 10FEET BIDEYJRJ 5FEET t.iinnjw BUILDING SEPMATION 20 FEET NJNNJWLOT NA NINNJMFROn: 100' NAXJNUN CENBITY IS UJA NAXINlJN LOTCO'v'EAAGE(BLDO.N«lPMI<NJ)... I!ICI'Vt COtA«lH APDt.NID.at OPEN F 15"'1&. ll1lpfl!iis am~ Nt:ie FRONT NONE lll!side!mal PAUIIIG REQUIG 1.6 PERRESIDEN'TlALUNJT """""" ="y 100 ~= =~ ~ 'I" "". 1' +~;,.~'i. IIB8I1li!IO'IIAVAIUANCIS 1MERE ARE NO VARIANCES REQI.JE8TBI FOR nierebi:lentw... TRACT AT nub nt.e.,,..._ rc" :;Ho1.-.. Till" u oc: -ouo- IOC'IIID<IU.[JI\IA.f\IIL~I( / ~e6'06'.j4 -c"' '-' /""'J7'3S-wJz.,, - 'IIW- 11(\I!',Jt:...U~IUilRI( r ::: ~~~~~.. ~ --g:-- ::: :::: ~,.,_.,, p,a, 0 "~ " "~'~' u "~"'~ ' 0 ~ ~ """~'"'"'" '"'"""' c==::::j "' ~ """"" t==:j "'ro ~..,,..., c::===j "'«>ocr«"~""" c==::::j... wo. ~-- '" ~""" ~''''"'"'"~""" I'~'"OCK " ~" ~~:UN B.Id.udeu!too& ~c::haff COMMERCIAL SITE DATA: TRACTIIGIR0888J'TEM A 10Jla.ACREB TRACT'IINETSrTE 10..QI~ R.Oa:u::.t.AIN(APPROXD&A: 0 ZONING EXJBTlNGZDNJNQ C2&~ PROP08ED CXNtERCW.2Dftl C-2 XININQ.JJRII!IOICTJON GWlNNETT CXl.HTY DI!'IEl.Ol'l<KI<T!P& COYoERCIAL'" ~SQUAREFOOT =~I IEHI!IITY NAXINUNBI.Jil.CINGHEJOHT FRONT 8ETBNX REAR 8ETMCK?i,(XX)BF 1,&r18FIM;R. 7.&r1-r;::~ -'!' 15 FEET.30 FEET ~~~az:dinoseparallon ~~ NINNJWLOT NA :=:~~OPENSP No: -~ CXDOmiiCIALPAUIIIG REQUIRED SPACES... 1 PER 500 BF 1158 REQUIRED!WJACEBWAX 1 PER 1150 BF DS PROf'OIIEDOP 300+ Sl'I'ENOTES: 1. 8CJI.JIIIICARYN=Cif8M.TEIHTAICENfftCNIBW..~CIF PN:PEJUY.AU.T'CJIIOOitAFitEN=C:INIATlCNTNCB\IFRCMCXlt.NTYa DATANtO~PROVIJEDIIYa.ENT. l.accoadflfolljthe l1.a.aainfljwi.dl.feier'.iia::nal10nal. WET\NCII8~ - WEll.NCIINe.NOTLOCAT!DCNnta~ 1.ACCCIIIJDNITOTMEFEMA.R.DCDIN&I.IWCE.RA.TEUAPFOR<IW'N 1T CXJLN1Y, CIECRJ,IANflJI'UXRI'CJRA.'TEDNfV,&,~rTYPNI!!!L ~1:1DZZPQ11_..1S1F,ntEPNJPEJn'YDOEir«JTFALL...,.._.A 51~ ~~ III!PIIRENCIDOCilJ(]IR'I'B: OWNBRIDBVI!LOPER Ff.I ~m111bj. DJ51ndd'1' h1L.S&a.B DuMh.IIAXDI NC'Tii:l"'f'om.aon~tflerwcucacl~-.crwx:a:r..s kadanct-.,gll"'ddfwoundualaelllldiij'uciw'm-.:ft:mnhlneln. -,~- ~~ ~5:.: 4317Parlc.Drive,.Suite4DO NOI'CI'Oia,Georgla30093 Phone: ('770) Pax: ('770)416-<5:759 not...,.,.. raraw~crurlcllncyotd*~ IC') Ccpyr{JIII 2017 ~~?ij i?fr: :1r~}~~f ~YE:~r lypical QUAD UNIT DETAIL ' '- '. )i,g-"i.\' ~:;Q,..c;., ~ :;::.,. ~ RZRf7012 :J'O-- () CRAPHIC 1 ~gal( - 1J~~(l :loo =~n:~cebrequebted FCRntEOOIAERCAL ZONING PLAN Loganville Highway Tract 27113i.Oglm1llttwy lmldl<lt1611,61hdii01ct OwlnnoiiCounly,iloa'gla CN:l7C1920PC2... ~~ I L.~= II 1-'"_~N.c j, 1 of 1

24 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 MAY RZR '

25 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 represents an appropriate transitional use. 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 property could potentially have some 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 Loganville Highway with access to utilities. Further, the development represents a partial downzoning 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 increasing commercial/retail nature of the area as well as the reduction in development intensity adjacent to existing residential uses provide additional support of this Application. MAY 0 5 ZU1 / RZR '17 0 lz

26 Matthevv P. Benson Gerald Davidson, Jr.* BrianT. Easley Kelly 0. Faber Christopher D. Holbrook Frances H. Kim Shane M. Lanham Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Andrew D. Stancil R. Lee Tucker, Jr. *Of Counsel COMBINED LETTER OF INTENT FOR REZONING APPLICATIONS OF PARAN HOMES, LLC Mahaffey Pickens Tucker, LLP submits the attached rezoning applications (the "Applications") on behalf of Paran Homes, LLC relating to a proposed development on an approximately acre tract of land (the "Property") located along Loganville Highway (aka Georgia State Route 20) in southeastern Gwinnett County. The Property comprises two tax parcels, R and R which are both currently "split-zoned" C-2 and 0-I. The Applicant is proposing to rezone a +/ acre portion of the Property (the "R-SR Property") to the R-SR zoning classification and the remaining +/ acre portion of the Property (the "C-2 Property") to the C-2 zoning classification. The C-2 Property is oriented along the Property's Loganville Highway frontage and would contain five buildings with a combined total heated floor area of approximately 79,000 square feet. The C-2 Property would be accessed from proposed driveways on Loganville Highway and Oak Grove Road. Additionally, the C-2 Property would be accessible through an interparcel access point on the northwesterly property line which would connect the Property to the Grayson Village Shopping Center. The buildings on the C-2 Property would include attractive architectural features in line with existing commercial development along RZJl ~l1i Qe12 Highway. Since the Applicant is planning to develop the R-SR Property and C-2 Property in Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia NorthPoint Office II Cicero Drive, Suite 100, Alpharetta, Georgia TELEPHONE FACSil\IIILE wvvw.mptlawfirm.com

27 conjunction with one another, the Applicant is also requesting to eliminate the required 75 -foot buffer. The proposed development on the R-SR Property would contain 106 senior living villas at a net density of approximately 3.82 units per acre which is substantially below the maximum density of six units per acre set forth in the Gwinnett County Unified Development Ordinance (the "UDO"). The R-SR Property would have access to Oak Grove Road and would tie-in to the C-2 Property driveways via a proposed roundabout. Streets within the proposed R-SR development would be constructed in an interconnected grid pattern. The R-SR Property would also include pocket parks and village greens as well as a potential specimen tree save area for residents' use and enjoyment. An amenity area with pool and clubhouse would also be provided near the R-SR Property's entrance on Oak Grove Road. The Applicant respectfully submits that the proposed development is consistent with the policies and intent of the Gwinnett County 2030 Unified Plan and would be compatible with adjacent properties. The Property is located in the Corridor Mixed-Use character area for which the 2030 Unified Plan encourages high-intensity commercial developments and mixed-use developments. However, the Property is adjacent to land designated as within the Existing/Emerging Suburban character area for which the 2030 Unified Plan encourages lowerintensity residential development. The proposed development would provide an appropriate transition of uses from commercial and retail uses located along Loganville Highway to the single-family detached residences located to the south and southwest of the Property. Moreover, as the R-SR Property is currently zoned 0 -I and C-2, the proposed rezoning to the R-SR zoning classification would actually represent a down zoning and reduction in intensity of development. MAY RZR ' Plannina & DAvAionrnPnt

28 The Applicant welcomes the opportunity 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 Applications filed herewith. The Applicant respectfully requests your approval of the Applications. This 3rd day of May, Respectfully Submitted, CKENS TUCKER, LLP RlR '17 012

29 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. Shane Lanham, Attorney for the Applicant Type or Print Name and Title Signature of Notary Public 4 RZR '17 012

30 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 COMMISSION ERS. Type or Print Name and Title ) Signature of Notary Public 5-l-(( Date Notary Seal 5 RZR '17 0 lz

31 Gwinnett County Planning Division Rezoning Application Last Updated 2/2014 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 Stephen J. Tyde, Jr., Autl1orized Signatory Rialto Capital Advisors, LLC, Attorney in Fact Type or Print Name and Title Date 5 RZR '17 012

32 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 36-67A-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 SIG -MURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE Shane M. Lanham, Attorney for Applicant TYPE OR PRINT NAME AND TITLE 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 RlR '170 12

33 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 Jace Brooks John Heard Jace Brooks Tommy Hunter Charlotte Nash CONTRIBUTIONS $1000 $1000 $1000 $1000 $1000 $1000 DATE 03/05/ /05/ /31/ /29/ /27/ /08/2016 RECE\VEDBY RZR ' Updated 03/21/2017

34 Gwinnett County Planning Division Rezoning Application Last Updated I 2/20 I 5 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. ~(\. ~~, o,\.oc.c.-\c.,. J Atcvv >;+.~ TYPE OR PRINT NAME AND TITLE SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE S GN~ URE OF NOTARY PUBLIC 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? D YES ~0 ~-- 11,., ~ At, YOUR N~ E If the answer is yes, please complete the following section: II NAME 1 AND OFFICAI!. POSI;riON OF. G0V.ERNMENili OFFICIAL CONi'J"RIBllli'JiiONS (List all which aggregate to $250 or More) DAliE CONTRIBllliliiON WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. RECE\VEDBY MAY 0 5 ZOi7 P\ann\ng & Oeve\opment 6 RlR '17 012

35 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) 5 District 156 Land Lot 005 Parcel Sign~C!of Applicant hane Lanham, Attorney for the Applicant Type or Print Name and Title TAX COMMISSIONERS USE ONLY TITLE DATE 7 RZR '17 012

36 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 PRO CESSED WITHOUT SU CH PROPERTY VERIFICATION. * N ot e: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: (Map Refe nee Number) e / District Land Lot Parcel ~ ure 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 PA L HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE S NA URE B LOW) ~~Ptfu~-- ~A~, -\~\ TITLE DATE 7 RZR'7012

37 JUSTIFICATION FOR REZONING APPLICATION 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 R-SR classification as requested by the Applicant, and is not economically suitable for development under the present C-2 & 0-I 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 the Fourteenth Amendment to the Constitution of the United States. MAY / Planning & Devetonm.ent RZR '17 012

38 A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the R SR 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 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-SR 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. This 3rd day of May Respectfully submitted, PICKENS TUCKER, LLP Rli '17 012

39 PARAN HOMES Augusta Villas at Park Place FIRST FLOOR RZR ' Artist Rendering and Floor Plan Graphics are for demonstration purposes only; Actual Construction Materials and Floor Plan May Vary per Community. Information believed accurate but not warranted. Prices and specifications subject to change without prior notice. Sales and mar1<etlng by Paran Realty.

40 p P~HOMES Veranda Villas at Park Place FIRSTFLOOR RZR ' Artist Rendering and Floor Plen Graphics are for demonstration purposes only; Actual Construction Meterlels end Floor Plan Moy Very per Community. Information believed occurote but? w0on~d.2 Prices end speclflcotlons subject to chango without prior notice. Solos end marketing by Poran Realty.

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