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1 I Gwinnett County Planning Division Rezon ing Application Last Updated 12/2015 REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZON ING MAP OF GWINNETT COUNTY, GA. APPLICANT INFORMATION I. PROPERTY OWNER INFORMATION* NAME: R idge Stone Capital, LLC c/o NAME: R&D Investment Group, LLC ADDRESS: Andersen Tate & Carr, PC ADDRESS: 4500 Satellite Blvd., Suite 1140 CITY: 1960 Satellite B lvd., Suite 4000 CITY: Duluth STATE: Duluth, GAZIP: STATE: GA ZIP: PHONE: PHONE: CONTACT PERSON: Melody A. G louton PHONE: CONTACT'S mglouton@atclawfirm.com APPLICANT IS THE: DowNER'S AGENT DPROPERTY OWN ER 111 CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C2 REQUESTED ZON ING DISTRICT: HRR PARCEL NUMBER(S): of 3.8 acres ACREAGE: ADDREss of PROPERTY: 4580 Satellite Blvd, Duluth, GA PRoPosED DEVELOPMENT: High-Rise Residential RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units 56 UnitS 1,000 sq. ft. - 1,400 sq. ft. Dwelling Unit Size (Sq. Ft.): Gross Density: 32 UnitS per acre Net Density: 32 units per acre NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: Total Building Sq. Ft. Density: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 l l.;,......,. o....

2 LAND DESCR IPTION 4580 SATELLITE BOULEVARD PARCEL ALL that tract o r parcel of land lying and being in Land Lot 211 of the 6th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found (1/2" rebar) on the southern right-of-way of Satellite Boulevard {130' right-of-way) having State Plan Coordinates (Georgia West) N E ; thence along said right-of-way, North74 degrees 48 minutes 47 seconds East, feet to and iron pin found (1/2" rebar); thence along the arc of a curve to the left feet, said curve having a radius of feet and a chord bearing and distance of North 69 degrees 27 minutes 32 seconds East, feet to an iron pin set; thence departing said right-of-way South 25 degrees 56 minutes 49 seconds East, feet to an iron pin set; thence South 41 degrees 36 minutes 18 seconds West, feet to an iron pin set; thence North 84 degrees 51 minutes 24 seconds West, feet to an iron pin set; thence South 41 degrees 36 minutes 18 seconds West, feet to an iron pin set; thence; South 13 degrees 55 minutes 21 seconds West, fe et to an iron pin set; thence South 30 degrees 03 minutes 59 seconds West, feet to an iron pin set ; thence 72 degrees 54 minutes OS seconds West, feet to an iron pin set; thence South 49 degrees 09 minutes 55 seconds West, feet to an iron pin set; thence South 46 degrees 12 minutes 50 seconds West, feet to an iron pin set; thence South 67 degrees 28 minutes 27 seconds West, feet to an iron pin set; thence North 57 degrees 47 minutes 04 seconds West, feet to an iron pin found (1/2" rebar); thence North 18 degrees 31 minutes 11 seconds West, feet to the TRUE POINT OF BEGINNING. Said tract or parcel of land containing 3.80 acres more or less, being Tract 4B as recorded on the Final Plat for Four Points Sheraton at the Paragon in Plat Book 124 Page(s) of Gwinnett County Records.

3 LAND DESCR IPTION A PORTION OF TRACT 4B A PORTION OF PARCEL ALL that tract or parcel of land lying and being in Land Lot 211 of the 6th Land District, Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southern right-of-way of Satellite Boulevard (130' right-of-way) having State Plan Coordinates (Georgia West) N E ; thence continuing along said right-of-way, North 74 degrees 48 minutes 47 seconds East, feet to a point; thence departing said right-of-way South 15 degrees 11 minutes 24 seconds East, feet to a point; thence South 46 degrees 12 minutes 50 seconds West, feet to a point; thence South 67 degrees 28 minutes 27 seconds West, feet to a point; thence North 57 degrees 47 minutes 04 seconds West, feet to a point; thence North 18 degrees 31 minutes 11 seconds West, feet to the TRUE POINT OF BEGINNING. Said tract or parcel of land containing 1.75 acres more or less, being a portion of Tract 4B as recorded on the Final Plat for Paragon at Satellite in Plat Book 124 Page(s) of Gwinnett County Records.

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6 Gwinnett County Planning Division Rezoning Application Last Updated 12/2015 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: See Exhibit attached hereto (B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: See Exhibit attached hereto (C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: See Exhibit attached hereto (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: See Exhibit attached hereto (E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: See Exhibit attached hereto (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: See Exhibit attached hereto 3 ZM '19 0

7 REZONING APPLICANT RIDGE STONE CAPITAL, LLC 'S RESPONSE TO STANDARDS GOVERNING THE EXERCISE OF ZONING POWER A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY: Yes. The proposed Rezoning Application will permit a use that is suitable in view of the use and development of the adjacent and nearby property. The property is parallel to Satellite Boulevard and is near land zoned C-2, M-1, R-TH, and RM-13. B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USEABILITY OF ADJACENT OR NEARBY PROPERTY: No. The proposed Rezoning Application will not adversely affect the existing use or usability of any of the nearby properties. C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: 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. 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: No, the proposed rezoning will not result in an excessive or burdensome use of the infrastructure systems. The property has convenient access to Satellite Boulevard, Beaver Ruin Road, as well as Interstate 85. E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: 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 Regional Mixed-Use Character Area, and the surrounding area is characterized by commercial/retail uses with residential developments located beyond this segment of Satellite Boulevard. Across Satellite Boulevard, are the Hopkins Ridge subdivision and a mini-warehouse facility. -" '-.1.

8 F) WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER THE APPROVAL OR DISAPPROVAL OF THE ZONING PROPOSAL: Yes. The property has been zoned for more intense use and has remained vacant. The proposed use will address the needs and improve the property values in the area. The 2030 Unified Plan has designated the 1-85 corridor as well as the specific area within which this property is located for higher density residential development, making this request entirely consistent with the Plan's guidelines for this area !.DOC J 4

9 ANDERSEN I TATE I CARR LETTER OF INTENT FOR REZONING APPLICATION FOR RIDGE STONE CAPITAL, LLC Andersen, Tate & Carr, P.C. submits this Letter of Intent and attached Rezoning Application ("Application") on behalf of the Applicant, Ridge Stone Capital, LLC (the "Applicant") for the purpose of requesting a rezoning from C-2 to HRR on an approximate acre portion of a 3.8-acre tract located at the intersection of Satellite Boulevard and Hopkins Mill Road (the "Subject Property"). The Parcel ID for the Subject Property is R The Applicant is requesting a rezoning to HRR to allow for the development of a five-story condo building that will contain 56 two- and three-bedroom units ranging from 1,000-1,400 square feet, an amenity area, and two retail units on the first floor. The condo building is part of a mixeduse project that will contain approximately 48,000 square feet of office/retail on the remaining portion of the Subject Property. The portion of the Subject Property that contains the office/retail buildings are not part of this rezoning application and will be situated on the remaining portion of the Subject Property that is currently zoned C-2. The Subject Property is adjacent to Gwinnett County property that is planned for a future passive park. The Applicant has proposed direct access to the park by extending Hopkins Mill Road across Satellite Boulevard and through the development into the future access point for the park. A traffic signal for the intersection has already been approved and in the process of being constructed. The proposed rezoning to HRR is consistent with Gwinnett County's 2030 Unified Plan which encourages mid- to high-rise developments within the Regional Mixed-Use Character Area. The Subject Property has access to a public water supply, public sanitary sewer, and convenient \ Andersen, Tate & Carr, P.C. One Sugarloaf Centre Suite Satellite Boulevard Duluth GA J. j ).:. ; j ZM '19 4

10 access to connector streets, major thoroughfares, and highways. The proposed use for the Subject Property is suitable for the location and consistent with nearby growth patterns in the Venture Drive Overlay District as well as Gwinnett County's Future Land Use Map. The Applicant welcomes the opportunity to meet with the Gwinnett County Planning and Development Staff to answer any questions, or address any concerns, relating to this letter or the Rezoning Application. The Applicant respectfully requests your approval of the Application. Respectfully submitted this 4th day of January, ANDERSEN TATE & CARR, P.C..JttoJA-J Mel dy A. Glo ton, Esq. Attorney for Applicant. j

11 ANDERSEN I TATE I CARR Melody A. Glouton mglouton@atclawfirm.com Telephone: Direct Dial: Direct Fax: January 4, 2019 VIA HAND DELIVERY Gwinnett County Attn: Kathy Holland, Director of Planning and Development 446 West Crogan Street Lawrenceville, Ga RE: CONSTITUTIONAL OBJECTIONS FOR RIDGE STONE CAPITAL, LLC FOR PROPERTY LOCATED AT 4580 SATELLITE BLVD, DULUTH, GA (Parcel ) Dear Chairman & Commissioners: This letter is written on behalf of the Ridge Stone Capital, LLC (the "Applicant"), in connection with the rezoning application for 4580 Satellite Blvd, Duluth, Ga ("Subject Property"). Constitutional Objections The portions of the Gwinnett County Unified Development Ordinance, as amended, (the "UDO") which classify or condition the Subject Property into any more or less intensive zoning classification, development and/or conditions other than as requested by the Applicant are, and 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, 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 present uses, regulations, development requirements, and conditions is unconstitutional, illegal, null and void, constituting a taking of the Applicant'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, Paragraphs I and 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 any economically viable use of the Subject Property while not substantially advancing legitimate state interests. Under Lathrop v. Deal, the application of the UDO in a way that constitutes a taking shall be deemed a waiver of sovereign immunity. 1,. j... I - : J 1 Lathrop v. Deal, 301 Ga 408, S.E. 2d 867 (2017) Andersen, Tate & Carr, P.C. One Sugarloaf Centre Suite Satellite Boulevard Duluth GA

12 The Subject Property is presently suitable for development subject only to the approval of the requested rezoning, as requested by the Applicant, and is not economically suitable for development under its present zoning and development classification, conditions, regulations, and restrictions due to its location, shape, size, surrounding development, and other factors. A denial of the requested rezoning 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, Paragraphs I and II of the Constitution of the State of Georgia of 1983 and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. A refusal by the Gwinnett County Board of Commissioners to approve the Applicant's requested rezoning, with only such additional conditions as agreed to by the Applicant, so as to permit the only feasible economic use of the Subject 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. Any condition related to the Subject Property subject to conditions which are different from the requested 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 utilization of the Subject Property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject Property to an unconstitutional classification and would likewise violate each of the provisions of the State and Federal Constitutions as set forth hereinabove. Respectfully, ANDERSEN, TATE & CARR, P.C. '1v( --:t.,.4. r-j Melody A. Glouton MAG/ag _l.docx Zi. '19 4

13 REZONING APPLICANT'S CERTIFICATION Gwinnett County Planning Division Rezoning Application Last Updated 12/201 5 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 Jay Lin, Principal Type or Print Name and Title Signature of Notary Public Date!Z--J7 t& 4

14 Gwinnett County Pl anning 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 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,,,,'''""'''' s KIRCL!,,,,, "\ '-r,, OTAJlJ: \ : IXPIRBS ': S GEORGIA : S DEC. 16, 2019 S "'\.) r -=-._Jj, e t....:,.ht...._,...,,,,, z '1 5

15 Gwinn ett County Planning Division Rezoning Application Last Updated 12/20 I S CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below making application for a Rezoning has complied with the Official Code of Georgia Section A - 1 et. seq Conflict of Interest in Zoning Actions and has submitted or attached the required information on the forms provided. Jay Lin, Principal TYPE OR PRINT NAME AND TITLE Melody A. Glouton, Esq. SIGNATURE OF APPLICANTIS ATTORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE ':fdamm1iftvu lz 1-1 r 8 SIGNATURE 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? Jay Lin YOUR NAME If the answer is yes please complete the following section: NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION POSITION OF (List all which aggregate to WAS MADE GOVERNMENT OFFICIAL $250 or More) (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. 6 l '19

16 Gwinnett County Planning Division Rezoning Application Last Updated 12/20 15 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-1, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE Melody A Glouton, Attorney ATTORNEY OR REPRESENTATIVE f/a..a.}';, 1- -I&J SIGNATURE OF NOTARY PUBLIC DATE NOTARY SEAL DISCLOSURE OF CAMPAIGN CONTRIBUTIONS 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 DNa Andersen Tate & Carr, PC YOUR NAME If the answer is yes, please complete the following section: NAME AND OFFICAL POSITION OF GOVERNMENT OFFICIAL See Exhibit attached hereto 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

17 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS BY ANDERSEN, TATE & CARR, P.C., ATTORNEY FOR APPLICANT NAME AND OFFICIAL POSITION OF CONTRIBUTIONS DATE CONTRIBUTION GOVERNMENT OFFICIAL WAS MADE Lynette Howard $500 April 10, District 2 Commissioner John Heard $500 June 15, District 4 Commissioner z '19 4

18 Gwinnett County Planning Division Rezoning Application Last Updated 12/2015 VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE TH IS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL GWINN ETT 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) R District Land Lot Parcel Signature of Applicant Jay Lin, Principal Type or Print Name and Title Date ***PLEASE TAKE THIS FORM TO THE TAX COMMISSIONERS OFFICE AT THE GWINNETT JUSTICE AND ADMINISTRATION CENTER, 75 LANGLEY DRIVE, FOR THEIR APPROVAL BELOW.*** TAX COMMISSIONERS USE ONLY (PAYM ENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW) =rn P j {;o, NAriE I,"'(;L I of ;{,y lzc9 DATE f S// 7L TITLE 7.. I

19 POTENTIAL RETAIL \ r( j - \ /1 I""'-/ c - -- I c... 0'.::- t'<.) PARKING r l\) I I 1 I' UU 1', 1 C'fi CLUB ROOM _!_ ' FITNESS LOBBY - \Jl-n n ' ' " PARKING ' '," '" --; BUSINESS CENTER -... ""' ""' "" " " STORAGE POTENTIAL RETAIL I 4 GROUND FLOOR SF: 10,900 / / mcmillan I pazdan I smith ARCHITECTURE PARAGON STATION S alellil Blvd. Duluth, GA Ol i04/'l9 GROUND FLOOR PLAN

20 r Level1 Level2 Level3 Level4 LevelS Grand total GROSS BUILDING AREA.l Level I Area ---- I->' "'. c - TOTAL TYP. UNIT SIZE 2BR/2BA: 55 SF. 3BR/2BA: 1255 SF PER FLOoRP. ToTAL I j mcmillan I pazdan I smith ARCHITECTURE PARAGON STATION Satellil Blv'l. Duluth, GA 01 /04/19 TYP. FLOOR PLAN

21 0' f,.,.j - mcmillan I pazdan I smith "jj ARCHITECTURE PARAGON STATION Salellil Blvd. Dululh, GA EAST ELEVATION

22 ..:::r C> C' mcmillan I pazdan I smith ARCHITECTURE PARAGON STATION Satel lil Blvd. Duluth, GA /19 SOUTH ELEVATION

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