D OWNER'S AGENT D PROPERTY OWNER [8] 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 June lvey Development, LLC c/o Mahaffey Pickens NAME: Tucker, LLP 1550 North Brown Road, Suite 125 ADDRESS: ADDRESS: CITY: Lawrenceville OWNER INFORMATION* NAME: *See attached owner sheet 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 [8] CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): RA REQUESTED ZONING DISTRICT: QSC LAND DISTRICT(S): 5 LAND LOT(S): 345 & 346 ACREAGE: +/ ADDREss of PROPERTY: June lvey Road & Indian Shoals Road PROPOSED DEVELOPMENT: Single-family residential SUbdiViSiOn RESIDENTIAL DEVELOPMENT 356 No. of Lots/Dwelling Units NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: _N_/_A Dwelling Unit Size (Sq. Ft.): 1,400+ Sf Total Building Sq. Ft. _N_/_A. +/ units per acre Density: _N_/_A G ross D ens1ty: / units per acre N et D ens1ty: PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 RECEIVED BY RZR '1800q

2 PROPERTY OWNER LIST Name June Ivey Development, LLC Benton, Patrick 0. Parcel# Address 270 N Jeff Davis Dr, Fayetteville, GA Sweet Auburn Ln, Dacula, GA RECEIVED BY RZR '

3 LAND DESCRIPTION OVERALL Parcels & All that tract or parcel of land lying and being in Land Lots 345 & 346 of the 5th Land District, Gwinnett County, Georgia and being more particularly described as follows: To find the POINT OF COMMENCE M ENT, begin at Point at the Intersection of the Land Lot Line Common to Land Lots 325 & 345 and the Easterly Right-of-Way of Indian Shoals Road, 80' Right-of-Way, said point being THE POINT OF BEG INNING. THENCE from said Point as thus established and traveling along said Right-of-Way the following Four (4} courses and distances, along a curve to the left having a radius of feet and arc length of feet being subtended by a chord of North 07 degrees 03 minutes 08 seconds East for a distance of feet to a Point; THENCE North 01 degrees 55 minutes 50 seconds East for a distance of feet to a Point; THENCE along a curve to the right having a radius of feet and arc length of feet being subtended by a chord of North 22 degrees 08 minutes 22 seconds East for a distance of feet to a Point; THENCE North 45 degrees 37 minutes 32 seconds East for a distance of feet to a Point; THENCE leaving said Right-of-Way, South 37 degrees 55 minutes 53 seconds East for a distance of feet to a Point; North 49 degrees 31 minutes 53 seconds East for a distance of feet to a Point; THENCE South 32 degrees 36 minutes 59 seconds East for a distance of feet to a Point; THENCE North 59 degrees 12 minutes 38 seconds East for a distance of feet to a Point; THENCE South 54 degrees 40 minutes 21 seconds East for a distance of feet to a Point; THENCE North 63 degrees 37 minutes 33 seconds East for a distance of feet to a Point; THENCE South 42 degrees 27 minutes 13 seconds East for a distance of feet to a Point on the County Line Common to Gwinnett & Walton Counties; THENCE along said County Line the following Two {2} courses and distances, South 44 degrees 04 minutes 33 seconds West for a distance of feet to a Point; THENCE South 61 degrees 04 minutes 33 seconds West for a distance of feet to a Point at the Intersection of said County Line and the Land Lot Line Common to Land Lots 324 & 346; THENCE leaving said Intersection, South 60 degrees 41 minutes 08 seconds West for a distance of feet to a Point; THENCE North 34 degrees 14 minutes 44 seconds West for a distance of feet to a Point; THENCE North 59 degrees 21 minutes 36 seconds East for a distance of feet to a Point on the aforesaid Land Lot Line Common to Land Lots 324 & 346; THENCE along said Land Lot Line the following six (6} courses and distances, North 30 degrees 42 minutes 51 seconds West for a distance of feet to a Point; THENCE North 49 degrees 38 minutes 32 seconds East for a distance of feet to a Point; THENCE North 29 degrees 52 minutes 51 seconds West for a distance of feet to a Point; THENCE South 38 degrees 55 minutes 28 seconds West for a distance of feet to a Point; THENCE North 27 degrees 31 minutes 35 seconds West for a distance of feet to a Point; THENCE North 29 degrees 16 minutes 47 seconds West for a distance of feet to a Point on the aforesaid Intersection of the Land Lot Line Common to Land Lots 325 & 345 and the Easterly Rightof-Way of Indian Shoals Road, said point being THE POINT OF BEG INNING. Said property contains Acres. g:\legals\ 2017\ 17177\overa ll.d ocx RECEIVED BY RZR ' Planning & Deve,opment

4 1. A PORTION OF llie SUBJECT PROPERTY LIES WITHIN A DESIGNATED 100 YEAR FLOOD HAZARD AREA. I '..!H 1:!w,,l.!:W! ol!!j!1 i,i!ihj ; I ;:,ll:'j!l I,1l!!!.t!ml o z Ou -I: (I) "DO _t: U"E LLij ICI:: 0.. >-z WQ >(f) w zo ::>co -,:::> (f)!ill! RECEIVED BY Planning & Deve\opment rj] ltji "rr-=" AS DEPICTED ON F.I.R.M. PANEL NO. 1313SC0109F DATED SEPTEMBER TIMBER HARVESTING HAS NOT OCCURRED ON SITE IN THE LAST 24 MONTHS 3. NO KNOWN PROTECTED PlANT SPECIES WERE OBSERVED ON SITE. 4. NO SIGNIFICANT WILDLIFE HABITATS WERE OBSERVED 5 NO SIGNIFICANT HISTORICAL OR ARCHEOLOGICAL FEATURES EXIST ON SITE. 6. APPROXIMATE MAX. IMPERVIOUS AREA IN PRIMARY CONSERVATION AREA = 0 ACRES. APPROXIMATE MAX. IMPERVIOUS AREA IN SECONDARY CONSERVATION AREA "' 1 ACRE. 7. APPROXIMATE MAX. LAND DISTURBANCE AREA IN PRIMARY CONSERVATION AREA= 0 ACRES. APPROXIMATE MAX. LAND DISTURBANCE AREA IN SECONDARY CONSERVATION AREA z 1.5 ACRES. 8. CONSTRUCTED FAClLITIES DO NOT EXCEED 15% OF TOTAL CONSERVATION AREA. 9. THERE ARE NO SLOPE AREAS 25 PERCENT OF GREATER ---( \ - C=:=J SO'UNOISTURBEOBUFER (15.6JAC) PRIMARY CONSERVATION SPACE (J9.n AC) lf%&0a SECONDARY CONSERVATION SPACE (13.82 AC) I RZR ' OWNER I DEVELOPER JUNE IVEY DEVELOPMENT, LLC 270N JEFF DAVIS OR. FAYETIEVILLE, GA ENGINEER PRECISION PLANNING, INC. 400 PIKE BOULEVARD LAWRENCEVILLE, GA CONTACT: STEVE SAPPINGTON. RLA PHONE: ss@ppl.us nn i uu lib GRAPIDC SCAlE Eo.J w - i 2 OF 2 1!!!':.) JL.

5 ! VICINITY MAP I lh'iliiljl ll'l''i!hi!!! '!':p!iji!:l llil!u,,wi w!!hliit' D z Ou _c: ' "' -c: ut: UJ] o:::q. Q _... Coll.,...,..fla?.'f.li_M:;:;;.GE OF RESIDENTIAL ACRES i OSj;>WER EASEMENT= 4.86ACRES) PROPOSED ZONING z OSC 4. GROSS DENSITY: ( )=2.2 1 LOTSIAC, NET DENSITY "' 3561( S)=2.43 LOTSIAC. OPEN SPACE = 5J.59 ACRES % 5. BOUNDARY INFORMATION BASED ON GWINN En COUNTY GIS TAX MAPS. :!:; 0 sp;r vigi :: 0 vwjf 6" A AS DEPICTED ON F.I.R M. PANEL NO. 1313SC0090F DATED SEPTEMBER 29, Lr! ARE FOR SINGLE FAMILY USE ONLY. LOTS DO NOT HAVE A MINIMUM SQUARE 9. ALL LOTS TO BE SERVED BY GWINNETT COUNTY GRAVITY FLOW SANITARY SEWER 10. w.-.ter PROVIDED BY GWINNETT COUNTY. 11.!;OUIREMENTS : SIOE = 7.5' 1 12 :g:_ 1:g : : ;:,. ctoe!cr E. 13 ' :::g\ g;:=: 1 1 :6:':ct5E!CREs. 14. CONSTRUCTED FACILITIES DO NOT EXCEED 15% OF TOTAL CONSERVATION AREA '-.._ -,:\. /; \ '""' 1 1 I I \,- < - \ = - -, -- -A. -- \ \ -- \ I / ' OSC (DETACHED) TYPICAL LOT LAYOUT N.T.S. I v 'h - -' I.',- -, I ' '((' '-,\ - -' ---,J. (',;.'J0'' <':{ :\ (-;_:::r=-=--= \ 1,... ' -: '>:_,', I r-; J \ ; I I' I, - -.J - - J I I 1 LEGEND c==j SO' UNDISTURBED BUFER (15.63 AC) kx,.'\.:?/ 1 PRIMARYCONSERVATIONSPACE (39.n AC) 1:::;:::::::::::$:1 SECONDARY CONSERVATION SPACE (13.82 AC) RECE\VEDBY Planning & Oeve\opment RZR '18 DO 4 OWNER I DEVELOPER JUNE IVEY DEVELOPMENT, LLC 270 N JEFF DAVIS DR. FAYETIEVILLE. GA ENGINEER PRECISION PLANNING, INC. 400 PIKE BOULEVARD LAWRENCEVILLE. GA CON TACT: STEVE SAPPINGTON, RLA PHONE: n ss@ppl.us >-z WQ >(/) 2 zo ::>co -,:J (/)!Ill J n n 1 l UU GRAPHIC s:: LE F 21 "Eo oj 'U I ( Dl rat l

6 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 VI EW 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 Planning & OeveloomP.n 1 RZR '

7 REZONING APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER (A) (B) (C) (D) (E) (F) The proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby properties. The proposed development is a single-fmnily residential neighborhood that will conserve important natural areas. The proposed rezoning will not adversely affect the existing use or usability of any of the nearby properties. The proposed development is compatible with surrounding development. Due to the size, layout, location, and topography of the subject property, the Applicant submits that the subject property does not have reasonable economic use as currently zoned. The proposed rezoning will not result in an excessive or burdensome use of the infrastructure systems. The subject property is located off of June Ivey Road with access to utilities. Further, the relatively low development density will not overly burden infrastructure systems. The proposed rezoning is in conformity with the policy and intent of the Land Use Plan. The Applicant submits that the single-family residential nature of the area as well as the extensive conservation areas that would be preserved further justify approval of the application. RECEIVED By Plannina&o evelooment

8 Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber :i'viary Grace Griffin Christopher D. Holbrook Nicholas N. Kemper RECEIVED BY Planning & evelopment RZR ' Shane M. Lanham 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 JUNE IVEY DEVELOPMENT, LLC Mahaffey Pickens Tucker, LLP submits this Letter of Intent and attached Rezoning Application (the "Application") on behalf of June Ivey Development, LLC (the "Applicant") for the purpose of rezoning to the OSC zoning classification an approximately acre tract of land (the "Property") situated along June Ivey Road just south of its intersection with-indian Shoals Road in eastern Gwinnett County. The Property is currently zoned RA-200. The Applicant proposes to develop a single-family residential community including 356 detached single-family homes. The proposed development would have a net density of approximately 2.43 units per acre, which below the maxi1num allowed density of 2.5 units per acre prescribed for the OSC zoning classification in the Gwinnett County Unified Development Ordinance (the "UDO"). The proposed development's gross density is approximately 2.21 units per acre. The proposed single-family community would consist of homes at a size, quality, and price-point commensurate with or exceeding homes in the surrounding area. The proposed development would also be compatible with existing single-family communities along Indian Shoals Road zoned R-1 00 CSO and R-1 00 Modified. The proposed homes would include twocar garages and covered entrances as well as other attractive architectural elements. The homes Sugarloaf Office I I 1550 North Brown Road, Suite 125, La\vrenceville, Georgia NorthPoint Office II Cicero Drive, Suite 100, Alpharetta, Georgia TELEPHONE FACSIMILE ww\v.mptlawfirm.com

9 in the proposed development would contain a mini1num of 1,400 square feet of heated floor area and building facades would be constructed primarily of brick, stone, board and batten, and/or fiber-cement shake or siding. Surrounding development and existing homes would not face major negative impacts as a result of the proposed development in part because of the substantial buffering required under the UDO in conjunction with extensive additional buffering preserved by the Applicant as conservation space. At a minimum, the UDO calls for a 50-foot buffer around the peri1neter of the development, which is included on the site plan. Conservation space located on the nmiherly and southerly portions of the Property provide additional open space further buffering the proposed development from adjacent properties. In addition to being a quality develop1nent that is compatible with homes in the surrounding area, the proposed development will preserve important green space in a developing area of Gwinnett County. Specifically, the proposed development would preserve approximately acres of land as primary and secondary conservation space which is roughly one third of the entire development. Adding to that the acres of green space provided by the required 50-foot buffer, the total open space provided by the development is acres. The low density of the proposed develop1nent and the substantial conservation space required by the OSC zoning classification work to preserve the rural character of the area which is encouraged by the Gwinnett County 2030 Unified Plan. Moreover, the increased buffering and open space located at the proposed developn1ent' s entrances preserve the rural aesthetic of Indian Shoals Road and June Ivey Road. The Applicant and its representatives welcome the opportunity_ to meet with staff of the Gwinnett County Departlnent of Planning & Develop1nent to answer any questions or to address RECEIVE BY RZR '

10 any concerns relating to the tnatters set forth in this letter or in the Rezoning Application filed herewith. The Applicant respectfully requests your approval of this Application. Respectfully submitted this 5th day of January, ICKENS TUCKER, LLP RECEIVED BY RZR '

11 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 RECEIVED BY 4 RZR D

12 Gwinnett County Planning Division Rezoning Application Last Updated 12/20 I 5 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. Signature of Applicant Date Type or Print Name and Title Signature of Notary Public Date Notary Seal RECEIVED BY RZR ' >'P 5 l{2-l,,,,..,,,,, \ fl,,, '. L'l ' \ <I.(, ts.'itot (.,, {,.._/J.. OT \ -t -;,: ""'.,.,. : :<.... J- r;: : --<. A - c..,o <(- ; \. UlJL c l... E. c_:,... &...,.. a-o:;...., Co" ;. r,, UNrrv v,,,,, 1 l, \' '''''"'''''

13 :.. 0 Gwinnett County Planning D ivision Rezon ing 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 of Property Owner Date Type or Print Name and Title Signature of Notary Public Date REC IVEDBY RZR ' , II I 1 Ill '' ' II ' 8 11 ' 0'... <,.,., <) \\..,r, J.,.'. "c, :.,. 1'... ::- :':.. -::.tn: t, :. = > : ""l"j- r: ; = - o : - - t:':o :'<(._ - -:., -. L\c.: (,:;,... ":: ""'...,....., ).'.. a'..., co o,,, UNrt,,, '''''""''''

14 Gwinnett County Plann ing 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 of Property Owner Date Type or Print Name and Title Signature of Notary Public Date 5 RECEIVE BY RZR '18 DO 4

15 Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. DATE TYPE OR PRINT NAME AND TITLE Shane M. Lanham, Attorney for Applicant TYPE OR PNT NA AND TITLE,,,, f\ E au '' 'x...?>-t..,.:. -. OT...qr-.. -:..,. 0.' 'T)-, Q ff "":).: CXPfR s... b :_ - : GEoG : m: : : Oc [A. :;n -.. N ral -:.,:.. uauc..::,.y.a., ' ''Vi:'....,,,,, '7t co0,,,, DISCLOSURE OF CAMPAIGN CONTRIBUTI0Ng 1 'n"'''\'' 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 RECEIVE B RZR '

16 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 REC IVEDBY RZR ' Updated 10/31/2017

17 Gwinnett County Planning Division Rezoning Application Last Updated 12/20 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 ;w A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. JI.JILR. l Wdop )'I1.JM._{, LLC L 1 z.,.±- '8 g{;) f._ F- f'olo..dc..r, JYl SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE SIGNATURE OF APPLICANT'S DATE TYPE OR PRINT NAME AND TITLE A TIORNEY OR REPRESENTATIVE 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? DYES 0No 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. RECEIVE BY 6

18 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 FOR REZONING BE PRO CESSED WITHOUT SU CH PROPERTY VERIFICATION. *Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: (Map Reference Number) 5 District 346 Land Lot 004 Parcel e Lanham, Atto rney for the App licant 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) c/!sa-t NAME TITLE /-Lf -1 DATE ECEIVEDBY 7

19 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 FOR REZ ONING BE PROCESSED WITHOUT SU CH PROPERTY VERIFICATION. * Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.. NUMBER: (Map District Land Lot Parcel Shane Lan ham, Atto rn ey for the App licant Type or Print Name and Title TAX COMMISS IONERS 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) JSA--L NAME TITLE / --C(-j DATE 7 RECEIVE BY RZR '

20 JUSTIFICATION FOR REZONING APPLICATION OF JUNE IVEY DEVELOPMENT, LLC The portions of the Gwinnett County Unified Development Ordinance (the "UDO") which classify or n1ay classify the property (the "Property") which is the subject of the rezoning application submitted herewith (the "Application") into any less intensive zoning classification other than as requested by the Applicant, or that prohibit the development of the Property as set fmih in the Application, are or would be unconstitutional in that they would destroy the Applicant's propetiy 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 Propetiy, 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, Aliicle I, Section I, Paragraph I, and Aliicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Equal Protection Clause of the Foutieenth Alnendtnent 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 OSC classification as requested by the Applicant, and is not economically suitable for development under the present RA- 200 zoning classification of Gwinnett County. A denial of the Application would constitute an arbitrary and capricious act by the Gwinnett County Board of Commissioners without any rational basis therefore, constituting an abuse of discretion in violation of Article I, Section I, Paragraph I and Atiicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due Process Clause of the Foutieenth Amendment to the Constitution of the United States. A refusal by the Gwinnett County Board of Com1nissioners to rezone the Property to the OSC 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 ECEIVE BY RZR '

21 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 OSC 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 Property to an unconstitutional classification and would likewise violate each of the provisions of the State and Federal Constitutions set forth hereinabove. Likewise, a refusal by the Gwinnett County Board of Commissioners to permit the Applicant to withdraw the Application without prejudice would be an arbitrary and capricious act by the Gwi1mett 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 Fou1ieenth Amendment to the Constitution of the United States. 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 4th day of January, Respectfully submitted, REC V BY RZR ' Planning & Developmen

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23 'Left Elevation' 'Rear Elevation' 'Right Elevation' THE MONARCH CAMBRIDGE 'Left, Right, & Rear Elevations' RECE\VEDBY RlR '

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