D OWNER'S AGENT D PROPERTY OWNER ~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 The Worthing Companies c/o Mahaffey Pickens NAME: Tucker LLP ADDRESS: 1550 North Brown Road, Suite 125 ADDRESS: CITY: Lawrenceville OWNER INFORMATION* NAME: The Lowe Corporati on 4820 E Conway Dr NW CITY: Atlanta state: Georgia Z IP: state: Georgia Z IP: PHONE: PHONE: CONTACT PERSON: Shane Lanham PHONE: CONTACT'S slanham@mptlawfirm.com APPLICANT IS THE: D OWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C-2 REQUESTED ZONING DISTRICT: MU-R LAND DISTRICT(S): 7 LAND LOT(S): 124 ACREAGE: +/ acres ADDREss of PROPERTY: Old Peachtree Road & North brook Parkway PRoPosED DEVELOPMENT: Mixed-Use Development RESIDENTIAL DEVELOPMENT +/ No. of Lots/Dwelling Units NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: _ square feet Dwelling Unit Size (Sq. Ft.): Total Building Sq. Ft. _ +/- _ 79 _, 000 _. +/ units per acre. +/- 4,236 square feet per acre G ross D ens1ty: D ens1ty:. +/ units per acre N et D ens1ty: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 RECEIVED BY DEC 0 I 2011 R C '

2 Overall Legal Description All that tract or parcel of land lying and being in Land Lot 124 of the i 11 District of Gwinnett County, Georgia and being more particularly described as follows: To reach the True Point of Beginning, commence at a Right of Way Monument found at the southwestern most n1itered corner of the intersection of the northerly Right of Way of Old Peachtree Road (Variable R/W) and the westerly Right of Way ofnorthbrook Parkway (Variable R/W); thence along said Right of Way of Old Peachtree Road along a curve to the right an arc length of feet, (said curve having a radius of feet, with a chord bearing of South 67 23' 51" West, and a chord length of feet) to a point; thence along a curve to the right an arc length of feet, (said curve having a radius of feet, with a chord bearing of South 89 46' 18" West, and a chord length of feet)to an iron pin set and the TRUE POINT OF BEGINNING, from point thus established and continuing along said Right of Way along a curve to the right an arc length of feet, (said curve having a radius of feet, with a chord bearing of North 75 59' 17" West, and a chord length of feet) to a mag nail found; thence leaving said Right of Way and running North ' 19" East a distance of feet to a n1ag nail set; thence North 73 02' 56" West a distance of feet to a mag nail set; thence South 16 57' 04" West a distance of feet to an iron pin set on the n01iherly Right of Way of Old Peachtree Road; thence along said Right of Way North 73 13' 47" West a distance of feet to an iron pin set; thence leaving said Right of Way N01ih 16 57' 04" East a distance of feet to an iron pin set; thence North ' 36" West a distance of feet to an iron pin set; thence South 15 52' 56" West a distance of feet to an iron pin set; thence North 45 43' 05" West a distance of7.40 feet to a Right of Way Monument found on the northerly Right of Way of Old Peachtree Road; thence running along said Right of Way along a curve to the right an arc length of feet, (said curve having a radius of feet, with a chord bearing ofn01ih 52 48' 30" West, and a chord length of feet) to a Right of Way Monument found on the easterly Right of Way of Interstate 85; thence continuing along said Right of Way of Interstate 85 North 15 33' 31" East a distance of feet to a Right of Way Monument found; thence North 74 35' 30" West a distance of21.10 feet to a Right of Way Monument found; thence No1ih 11 o 08' 40" East a distance of feet to a Right of Way Monument found; thence No1ih 03 32' 38" East a distance of feet to a Right of Way Monument found; thence leaving said Right of Way and running South 76 37' 57" East a distance of feet to a 12" rebar and cap found; thence South ' 55" East a distance of feet to an iron pin set; South 11 o 12' 17" West a distance of feet to an iron pin set; thence South 15 21' 43" West a distance of feet to the TRUE POINT OF BEGINNING. Said tract contains Acres (812,398 Square Feet). RECEIVED BY DEC RZC '

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4 JO QWO~ r OII Mrii LY UII~II Y t Wll ln ~(Y ~cu cnu r ,.., ~~ ~-~-1~~. OUT I O~!.O~~=~~~~Rlt lid. AlltMPIIQII(Ml NI \ NOI SHO WN WITIHNnUS AII (.a. ~"" - r=~<.:~::~ =~::::=~~~~:~::::::;:~:- ;?,~-~ ,_ -~~~""'~""~-~...: ~;._.;;?>,._ /',-,-( COMMON SPACE REQU IRED (NET ACREAGE' 15%). ;!; 261 5F (36%) -- ', ' '., - ~S~~~~~~:~~~~~E~~.;G4SFGAPOWEREASEMENT.=3,4825F) 3375 F \:<~l>~~,( ~ ( ;- \~,!,,.-'--. ~~~~~NZ~N~~~~ROVIOED ~~~ \ G( PROPOSED ZONING : ~RuO:r~ ~!~~~ES 3 16,000 SF (80%) ~ ~ BUILDING AREA: 30D UNITS :I ' ' ;~;~~~~N~~~U I RED i:t_"' I MIN. PARKING REQUIRED (1.5 SPACES/UN IT): 46B SPACES MAX. PARKING ALLOWED (3.0 SPACES/UNIT): PARKING PROPOSED : APPROXIMATELY l.s SPACES/UNIT: OFFICE : BUILDING AREA : PARKING REQUIRED : MIN. PARKING REQUIRED (I SPACE/500 SF) : MAX. PARKING ALLOWED (I SPACE/225 SF) : PARKING PROPOSED APPROX IMATED DENSITY CALCULATIONS BASE FAR ALLOWED: BONUS FAR: 0.1, (COMMON SPACE OVER 15%) COMMON SPACE PROVIDED: ADDITIONAL PERCENTAGE : FAR ALLOWED ( ) : FAR PROPOSED (395,000 SF /18.57 NET ACRES) : MAXIMUM DENSITY ALLOWED (64 UN ITS/ACRE) : DEN SITY PROPOSED (300 UNITS): MAXIMUM BUILDING HEIGHT ALLOWED : BUILDING HEIGHT PROPOSED : 936 SPACES 4705PACES 79,000SF(20%)!58 SPACES 3515PACES!58 SPACES % 21% UNITS/ NET ACRE!6.16 UNITS/ NET ACRE 210FT(or!SSTORIES) 55FT /./ - ~- i -~<-~ = -"/..:: j ~-- LOCATION MAP i. RZC ' OUT OU I PAII(U L "M N«S!Tf" L OJ~ o~ = ~~~-',m 1t0 Alt im1'mo\i l M[ N1 S NOI SltQWfjWiti!INfWSAII[JI EXISTING BANK l.soacres RECEIVED BY DEC GRAPHIC SCALE

5 NOW OR FORMERLY IIILL/GRAYSEVENLLC: sojangles" 10650LOPEACHTREERD. ZONED: C 2 Al.LIMPI\OVEM ENTSNOT SHOWNWITI IINnUSAREA NOW OR FORMERLY LAfl.RYEWILENSKY "QUIIITRIP" ZONEO:C 2 All IMPROVEMENTS NOT SHOWNWITIIINTHlSAilEA RETAIL 1.50ACRES OUTf'A.RCEL"J "UNDEVElOPED SITE" ZONF.ll. C 2.,:..; -;;: :;. :::; :..~ - ~- OUTI'ARCEll 'BANKSilE" 103SOLOrEACIHREE I! IJ, ZONEO: C Z AltJMPROVEMENTSNOl StiOWNWIHiiNniiSAREII EXJSTJNG BANK l.soacres -;:; -= "='.. -- ~~ OLD PEACHTREE ROAD IUGf/TOtWAVVAIIllS -...:._ -~ ---=-;...-_: 7_ :: ",, P1.9nrung.& -O~~elopment :; RZC '

6 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 DEC f1 RZC '

7 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 proposed development is adjacent to high-intensity com1nercial and industrial uses and is consistent with the character of surrounding development. No, the proposed Rezoning Application will not adversely affect the existing use or usability of any of the nearby properties. Rather, the proposed development would complement existing commercial and employment centers. In light of the size, location, layout, topography, and natural features of the property and in conjunction with the nature of surrounding development, the Applicant submits that the subject Property does not have reasonable economic use as currently zoned. No, the proposed Rezoning Application will not result in an excessive or burdensome use of the infrastructure systems. The proposed development would have convenient access to Old Peachtree Road, Satellite Boulevard, Sugarloaf Parkway as well as Interstate 85 and Northbrook Parkway/Horizon Drive. Yes, the proposed Rezoning Application is in confonnity with the policy and intent of the Gwinnett County 2030 Unified Plan. Mixed-use developments are specifically encouraged in the Preferred Office Character Area. Applicant submits that the character of surrounding development and the fact that the subject property is adjacent to Interstate 85 provide additional supporting grounds for approval of the proposed rezoning. RECEIVED BY DEC RZC '

8 Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber Christopher D. Holbrook Frances H. Kim Shane M. Lanham RZC ' RECEIVED BY DEC Austen T. Mabe Jeffrey R. Mahaffey D avid G. McGee Steven A. Pickens Andrew D. Stancil R. Lee Tucker, Jr. *Of Counsel LETTER OF INTENT FOR REZONING APPLICATION OF THE WORTHING COMPANIES Mahaffey Pickens. Tucker, LLP submits this Letter of Intent and attached rezoning application (the "Application") on behalf of The Worthing Companies (the "Applicant") for the purpose of rezoning an approximately acre tract located on the northerly side of Old Peachtree Road and bounded by Interstate 85 to the west and Northbrook Parkway to the east (the "Property"). The Property has direct access to Old Peachtree Road but sits behind existing commercial uses including a restaurant, a convenience store with fuel pumps, and a bank. The Applicant is proposing to rezone the Property from C-2 to the MU-R (Regional Mixed Use) zoning classification of the Gwinnett County Unified Development Ordinance (the "UDO") in order to accommodate the development and construction of a regional mixed-use development consisting of residential and office uses. Overall, the proposed development would include approximately 79,000 square feet of non-residential development in addition to approximately 301 units of luxury multifamily dwellings spread around a central residential and amenity building with terrace, pool, and outdoor patio space. The proposed office component of the development sits on the westerly portion of the Propet1y adjacent to Interstate 85 and would provide a signature training headqum1ers building for EsolutionTG, a global information technology company with offices in New York, Seoul, and Virginia. The building's modern architectural design would provide an attractive accent to the Interstate 85 frontage and would prominently display Gwinnett County's increasing technology sector. The proposed office building will include traditional office space as well as a corporate training and education center component. Initially, the proposed facility is expected to host approximately 1,000 trainees per year. The proposed development provides an excellent opportunity for high-quality in-fill development in an active area of the County. The Property is adjacent to land zoned C-2 along Old Peachtree Road and land zoned M-1 to the north along Northbrook Parkway. The proposed development would complement existing commercial uses and provide residential critical mass to support existing businesses. On Old Peachtree Road the Property would be accessed via two driveways including an existing right-in right-out driveway between Bojangles and QuikTrip and a full access driveway at the signalized intersection of Old Peachtree Road and Sever Road. The Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia NorthPoint Office II Cicero Drive, Suite 100, Alpharetta, Georgia TELEPHONE FACSIMILE \V\V\v.mptla,vfirm.com

9 proposed development would provide an attractive avenue-style internal driveway connecting the proposed office building with existing access drives to Old Peachtree Road and ultimately Northbrook Parkway at the Property's easterly boundary. The proposed development would also be accented by several water quality features improving the aesthetics of the Property while also providing attractive, modern stonnwater facilities. The proposed development would provide a series of internal sidewalks and pedestrian walkways to activate and amenitize these proposed water quality features and provide a connection to the existing sidewalk network along Old Peachtree Road and the Shops at Huntcrest shopping center. Further, the proposed development is consistent with the policy goals set forth in the 2030 Unified Plan. For exan1ple, Policy A.5.1 provides that "[q]uality of life in Gwinnett can be enhanced by n1aking it easier for people to walk through their neighborhoods to and from attractions such as local parks, schools, churches, or even neighborhood shopping." The proposed development would enhance the walkability of the surrounding area and residents would have convenient access to shopping and other employment centers along Northbrook Parkway and Sever Road as well as Old Peachtree Road and North Brown Road. As the Property sits behind existing cmnmercial uses along Old Peachtree Road, the proposed office and residential uses would further diversify land uses in the area in furtherance of the policies of the UDO and 2030 Unified Plan. The Gwinnett County 2030 Unified Plan encourages large-scale mixed-use developments such as the proposed development and identifies the Property as within a Preferred Office Character Area on the 2030 Unified Plan Future Developtnent Map. Specifically, in Section the UDO provides that "developments requesting rezoning to the MU-R District should be located in Regional Mixed-Use or Preferred Office Character Areas identified in the 2030 Unified Plan." According to the policies and intent of the UDO and 2030 Unified Plan, the subject Property is therefore a preferred location for the MU-R zoning classification and specifically the project's proposed office component The Applicant and its representatives welcon1e the opportunity to meet with staff of the Gwinnett County Departlnent of Planning & Develop1nent to answer any questions or to address any concerns relating to the 1natters set forth in this letter or in the Applications filed herewith. The Applicant respectfully requests your approval of this Application. This 29th day ofnovember, Respectfully Subtnitted, Y PICKENS TUCKER, LLP RZc '1Boo 4 RECEIVED BY DEC Plan nino & Development

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. Shane Lanham, Attorney for the Applicant Type or Print Name and Title Date 4 RECEIVED BY DEC RZC '

11 Gwinnett County Planning Division Rezon ing Application Last Updated 12/20 I S REZONING A PPLICANT'S CERTIFICAT ION 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.,,. 't Date Type or Print Name and Title \ ~ ~~ LLC. J MINDY E REED Notary Public Cobb County State of Georgia My Commission Expires June 14, Signature of Notary Public Date Notary Seal RECEIVED BY LltC

12 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. -~ , - Signature of Property Owner Type or Print Name and Title /'(~W~ ~t?:>., JAMES B SUBER f2r' m.. \~"., NOTARY PUBLIC, GEORG IA ~.r.:... :.-J \ \... _, -../-f COBB COUNTY U \.,... idl~.. -/ My Commi ssion Expires January 26, 2021 Notary ea RECE,VED BY DEC RZC ' Planning & Oeve\opment

13 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. RE 0 F APPLICANT DATE TYPE OR PRINT NAME AND TITLE URE OF APPLI CANT'S RNEY OR REPRESENTATIVE Shane M. Lanham, Attorney for Applicant... TYPE OR PRINT NAME AND TITLE,,,,,,,,,, \'J\CD4tv''',, I <:(.. ' ' ' t t t /<\ ~, ' ""'.,,. \ I\),:,, <.,, " ""'-./ '0 ~" ~.,... ~ /..ij "... ~..., p ~;.. 0:..:X:: :;ij' \~ \" \..~A ~ <!_ - Nr-\"~~ 6~fl ~~l-0 : : : <}') \1,'1.0..., '0 1 uali,..,.)....,. 0:. Q \' C \v: ~-... ~ ',/z.-.",,/ J{T \"',\~,.. ~,...,,,,..,,,, DISCLOSURE OF CAMPAIGN CONTRIBUTIOM~Jvt'-f -f ' c ~~, 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 RECEIVED BY DEC RZC '18 DO 4

14 CONFLICT OF INTEREST CERTIFICATION FOR REZONING/CHANGE IN CONDITIONS AND SPECIAL USE PERMIT APPLICATIONS MAHAFFEY PICKENS TUCKER, LLP NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL Tommy Hunter Charlotte Nash CONTRIBUTIONS $1000 $1000 DATE 01/27/ /08/2016 RECEIVED BY DEC RZC ' Updated 10/31/2017

15 Gwinnett 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-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. I/. 1-t;. 1'1 DATE _). ~ \ ~'-,_.{ ~ t"htea.- ~ V P. TYPE OR PRINT NAME AND TITLE SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE 'E~ F NOTARY PUBLIC DATE ;t(?ajl? DATE TYPE OR PRINT NAME AND TITLE MINDY E REED Notary Public Cobb County State of Ger>rgia fl1t..c<?~!!'~t~j~!:~t.. go1~- 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? DYES ~ 0 If the answer is yes, please complete the following section: YOUR NAME NAME AND OFFICAL POSITION OF GOVERNMENT OFFICIAL CONTRIBUTIONS (List all which aggregate to $250 or More) DATE CONTRIBUTION WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. RECEIVED BY DEC Planning & Oeve\opil1ent

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 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 Re District Land Lot Parcel Applicant Snane 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) ~ /3~ol IS It r NAME TITLE /i-d DATE 7 REC lied BY DEC RZc 'JB oo 4

17 JUSTIFICATION FOR REZONING The portions of the Gwinnett County Unified Development Ordinance (the "UDO") which classify or may classify the propetiy 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 and the owner'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 F outieenth 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 Atnendment 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 MU-R classification as requested by the Applicant, and is not economically suitable for development under the present 0-I and C-2 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 Atiicle I, Section I, Paragraph I and Atiicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Fourieenth Amendment to the Constitution of the United States. RECEIVED BY RZC ' DEC l

18 A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the MU-R 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 prope1iy 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 Fomieenth Amendment to the Constitution of the United States. Any rezoning of the subject Property to the MU-R classification, subject to conditions which are different frmn 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 Prope1iy 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 Prope1iy be granted and that the Property be rezoned to the zoning classification as shown on the respective application. Respectfully submitted, ICKENS TUCKER, LLP 1550 Nmih Brown Road, Suite 125 Lawrenceville, Georgia (770) RECEIVED BY Lit:[ RZC '

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