[8] · Parcel 5133 005 5133030 PROPERTY OWNER LIST Nmne Nix, Charles William Nix, James E, Jr...

Gwinnett County Planning Division Rezoning Application Last Updat ed 2/20 14

REZONING APPLICATION AN APPLICATION TO AMEND THE OFFI CIAL ZONING MAP OF GWINNETT COUNTY, GA.

APPLICANT INFORMATION OWNER INFORMATION*

NAME: Mahaffey Pickens Tucker, LLP NAME: Multiple--See attached

ADDRESS: 1550 North Brown Road, Suite 125

ADDRESS:

CITY: Lawrenceville CITY:

sTATE: Georgia ZIP: 30043 STATE: Z IP:

PHONE: 770.232.0000 PHONE: 770 .232.0000

CONTACT PERSON: Shane Lanham PHONE: 770. 232.0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

DOWNER'S AGENT D PROPERTY OWNER [8] CONTRACT PURCHASER

R-1 00 &

REQUESTED Z ONING DISTRICT: R-SR PRESENT ZONING DISTRICTS(S): RA-200

LAND DISTRICT(S): 5 LAND LOT(S): 133 ACREAGE: +/- 52 .07

ADDREss oF PROPERTY: 595 Hope Hollow Road

PRoPosED DEVELOPMENT: Sen ior-Oriented Residential Community

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

No. of Lots/Dwelling Units _1_7_2 ___ _ No. of Buildings/Lots: _N_A _____ _

Dwelling Unit Size (Sq. Ft.): 1 '700+ NA Total Building Sq. Ft. ______ _

G D . 3.3 units per acre ross ens1ty: --------- D . NA

ens1ty: -----------

N D . 3.3 units per acre

et ens1ty: ----------

PLEASE ATTACH A LETTER OF INTENT EXPLAIN ING WHAT IS PROPOSED

2

CEIV AUG 0 3 2018

Planning & Development RZR '18 03 U

Parcel 5133 005 5133030

PROPERTY OWNER LIST

Nmne Nix, Charles William Nix, James E, Jr

Address PO Box 355 Grayson, GA 30017 595 Hope Hollow Rd, Loganville, GA 30052

REGEl\/ D y AUG 0 3 2018

Planning & Developn1ent Rl 18 U.:>u

Legal Description

ALL THAT TRACT OR PARCEL OF land lying and being in Land Lot 133 , 5th District, Gwinnett County, Georgia, being more particularly described as follows:

TO FIND THE POINT OF BEGINNING commence at the southeastern intersection of the right of way of Cooper Road (80 feet right of way) and the right of way of Hope Hollow Road, also known as Turner Road (80 feet right of way); thence along the southeasterly right of way of Cooper Road a distance of 326.95 feet to a point, that is the POINT OF BEGINNING; thence continuing along said right of way North 60°06'31" East a distance of 1005.81 feet to a point; thence leaving said right of way South 45°13'58" East a distance of92.67 feet to a point located on the Land Lot Line common to Land Lots 133 and 156; thence along said Land Lot Line South 29°51'16" East a distance of 1977.77 feet to a point; thence leaving said Land Lot Line South 58°30'44" West a distance of 1046.60 feet to a point; thence North 29°23'37" West a distance of 510.43 feet to a point; thence South 60°12'33" West a distance of 270.92 feet to a point located on the northeasterly right of way of Hope Hollow Road ; thence along said right of way North 31 °3 6'12" West a distance of 386.27 feet to a point; thence leaving said right of way North 58°38'19" East a distance of 285.98 feet to a point; thence North 29°26'42" West a distance of 1192.01 feet to a point, being the POINT OF BEGINNING. Said tract contains 52.073 Acres.

CEV D AUG 0 3 2018

Planning 0 " lopment

.'ZR 18 u 5 U

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SURVEYOR'S CEJmFlCA.TION BOX Thi:: P!CI i:: o r~trcccment of on c:Jti::ting porccl or porcel:~ of land one doc:: not

~~~~~~~fcs~r ~:c~~ccc~di~~w l:l~r:~tf:n ";,~k~hcon~:~~:~~~. '::,c~:: ~~~~.pr::e;~cr in::trumenl!: which erected the parcel or parcel:: ere ::toted h~reon . RECORDATION Of THIS PLAT DOES NOT IMPLY APPROVAL Or ANY LOCAL JURISDICTION, AVAILABILITY or PERMITS. CO~PLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS.

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2 . DEED BOOK 21680, PACE 60

CUR.RENT ZONING - RA2DD

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ABBREVIATIONS !!INERT El.fVATlON CORRUGATED ME1Al PIPE REINFORCED CONCRffi PIPE DUCTILE IRON PIP[

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HOPE HOLLOW ROAD A.K.A. TURNER ROAD

(80' R/W)

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VICINITY MAP NO! IC' SCALE

REZONNOS\M.4ARl' 1. TOTAL ACREAGE- +I- S2.07'J AC

TAX PAACat 5- tJJ-ooS »>D 5-113~ CURRENT ZONNQ; RA-200 +A-tOO (OWNETT COUNTY) PAOPOs=D Z~ R-SR TOTAL NUMBER OF LOTS. 172 MAX. OBGTY Al...l.O\YED 4 lNTS/AC CfiCSS OENSfTY PROVIDED 3.3 lNTSf AC NET DENSITY PAOVDEO 3.3 I.NTS/ AC

6. TYPICAL LAYOUT DDJENS!ONS (DETAL t)r l.4N. LOT SIZE REOUAED 50' X 100' (5.000 SF.) ~ LOT SIZE PAOVDEO. 5854 SF. A't'S\AC:C LOT SiZE• 750i SF. REFER TO APPBOX A FOA OETAR...BJ PARCEL/LOT NFOAMAllON.

7. AEOUREO SETBACKS CD::IAL 1): AVERAGE LOT Y\tOTH • !iCf(ALL LOTS AlE 50' OR~ H WDTH) MN. FRONT SETBACK • 20' - Sl?E SETBACK • S' ~ REAR SETBACK • 2S

I. COUMION AfEA (NCLUONC PFIYAlE ROW): +/-22AC (427.) COUMON JI.PEA CEXc:t..LDINO PFIVATE RON} i/-17AC {:J3X)

0. A. 50' l..AN:)SCAfED EJl.U:lNJ SETBACK 13 EST AB..S£0 ADJA.CENT TO A8UT'T'NG EXTERIOR S'll=EETS. 25' LANDSCAPED BUFFER WITH A IS' TALL WALL WILL EE NCOAPORATED WIT'Htlll-E 50' l.AJoOSCAPEO SETBACK (DETAL 2). MN. 2' CAL. S'mEET 'flEES WU.. BE Pl..ANTEO EVERY 35" ALOOG BOTH SOES OF INTERNAL smeETS. All. OAASSEO AREAS 'loti. BE SODDED.

10. INTERIOR S' SIDEWALK 'WI..L EE PAOVDED ON BOTH SDES OF JiT'8V'.W.. STREETS A1'C) ROAD FRONTAGES.

~ 1. 80lN)ARY N=ORMJ..TJON IS BASED ON T1-E BOlN)AR'f' SlRYEY

DATED ON 07-ll-2018 BY UOA. 2. NO POR'TlON OF TIE 6t6...eCT PRoPERTY IS LOCATED "MTHtl

FLOOD HAZAfD MEA AS PER FBAA PANEL NO. tmSCOmF AJoiD 1313SCOtlF, DAlEO SEP'TEMBER29, 2006.

3. TCPOCRAPHIC AND liTlJTY HFCRMA'TION BASED ON GWNNETT COUNTY CIS DATABASE.

4. WETl...AND N=OFIMATION IS 8ASED ON NAllONAL WEn...AN)

tNEN'TORY: Cl.ASSFEO AS PSS\A.d. 0.7 J.C. FRESHWATEH FOAESTED/Stfl..ll WETl..AN) HABITAT.

5. n£RE ARE NO KNOWN HSTOFaCAL ARCHAEOLOGICAL OR OTtER SKNACANT FEA Tl..RES ON T1-E S1l'E.

IS. T1-E At.ENITIES AND WALKIN:l PATHS (DETAIL 3) ARE CONCEM\JA.L CN...Y. FNAL OESK:ON WLL NCLlDE 11-E ~LYSS OF EXST'N1 VEGETATION. TOPOCRAf'HY AND SOL TYPES AS PART OF Tl-E CONSTRUCTION OOCUUENT PHASE.

9. ALL PROPOSED 8UJI....DN3S WLL COf\FCHJ TO AROfl'E~AL STAHOAFDS AS AEO\Jf\ED BY THE CWINETT COUNTY lDO FOR A-SA ZONED PFO..ECTS

lO. STfEETLJQHTS WLL BE PROVDED ON AU. "-BBHBOFIHOOD STR'ET!l.

n VTl..ITIES ALONO STREETS WLL BE PLACED lN)EACAOLN). 12. WA'TER AN) S8VER UTLITtES WLL BE LOCATED N STFEET

RIGHT-oF-WAYS. 0 SITE PLAN ts CONCEPTUAL N NA Tl.AE AND ts SlBJECT TO

CHANCE 8ASEO ON ACT\JAL FElD C~OmoNS

CD ~~~~LOT LAYOUT

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Alii hat troet or pmclof bnd lying and b<i"!l in Land Lot 133, 5th District, Gwinnell CoWtly. G<o~iJ, being mm: panicul:irlydescribctlas follow-s:

TO n~D TilE POl~ I Of BEGII'iNING conum:nce 01 the soulhrntem inl;'fSCttion oflhe righl ofwoy of CooP<' Rood (SO f«1 riglu of w•y) 101d the right ofwoy ofllope Hollow Rood. also known" Tumcr Rooxl (80 f«.1 right ofl\• y); !hence along lhesouthrnterlyrightofwoyofCoopcrRoodadist!lllctofl26.95feet!Oapoinlthatislhcpoiotofbq:ionlng;lhencc tonlinuing along nid right of •·ay Nonh 60'063 1" E:!~ a dist!lllcc of I 005.81 feet to a point; tht:ICC lo11iag said ri&ht of "'Y South 45' 13'5!" East a distllrlt< uf916 7 feet 10 a point locate-d on the Land Lot Line conmon 10 L1nd Lo~ Ill and 156; ihcncnlongsoid Land Lo!LintSouih29'51'!6"Eastodistanc<:ofl 977.nfa:tloapoin!;ihcnct!c:JVingsaidlandLrn Linc:

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South 58'30'41" West a d~unccof 1046.60 fa:t to a point; ihcntt North :9' 2;'37" Wo<t a distnn:tofliU43 feet too poin~ !hence Sooth 60' 1!33"\Vesl a disunct of27~.92 feet to a poinll0011td 011 the nonhmorly righ of••y ofHope Hollow Rood: theoce along $lid right of way North 3 1'36'12" West a distancrofl8617 feet 10 a point: thence lming $lid righ1 of -.y:-<orth58'38'!9"E!1Stadislnn"of285.98feet!Oapoint: lhrnceNorthl9'26'42"\Vest t distanceof!l92.01 fttttoa .... ; .. , k..: .... •'- Dnr~tJT nr 0 '"r"•1,..1NG. Said tr.lct conuins 52.073 Acres.

REZONING PLAN

RZR'18

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

REZON ING 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 AUG 0 3 2018

R t

REZONING APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

(A) Yes, the proposed Rezoning Application will permit a use that is suitable in view of the use and development of adjacent and nearby property. The Property is located at the intersection of Hope Hollow Road and Cooper Road just southwest of Loganville Highway (State Route 20). The Property is located in close proximity to land zoned for con1Inercial, retail , office , and institutional uses.

(B) No, the proposed Rezoning Application will not adversely affect the existing use or usability of any of the nearby properties. The proposed zoning classification is coinpatible with existing single-family residential, commercial/retail, institutional and office uses on adjacent and nearby property.

(C) Due to the size, location, and layout of the subject property, the Applicant submits that the property does not have reasonable economic use as currently zoned.

(D) No, the proposed rezoning will not result in an excessive or burdensome use of the infrastructure systems. The Property has convenient access to Loganville Highway (State Route 20) and Athens Highway (State Route 78). The proposed senior-oriented residence district would likely generate substantially less traffic than traditional single-family residential developments and have less of an impact on water and sanitary sewer systems.

(E) Yes, the proposed Rezoning Application is in conformity with the policy and intent of the Gwinnett County Land Use Plan which encourages expanding housing options for senwrs.

(F) The Applicant subinits that the subject Propetiy's close proximity to existing office/commercial uses and major transportation corridors provide additional support of the Application.

c v AUG 0 3 2018

. 0 ' ment Planm~iR '18 o ·,-o

Matthew P. Benson G erald Davidson, J r.* Brian T. Easley Kelly 0 . Faber Christopher D . Holbrook Nicholas N. Kemper Shane 1/f. Lanham Austen T. Mabe

Mahaffey Pickens Tucker, LLP

ATTORNEYS AT LAW

LETTER OF INTENT FOR REZONING APPLICATION

Jeffrey R. Mahaffey D avid G . McGee Steven A. Pickens Ca therine V. Schutz T homas A. Simpson Andrew D. Stancil R. Lee Tucker, J r.

*O f Counsel

Mahaffey Pickens Tucker, LLP submits the attached rezoning application (the

"Application") related to an approximately 52.07 -acre tract of land (the "Property") located at

the intersection of Hope Hollow Road and Cooper Road . The Property is located on the southerly

side of Cooper Road and the easterly side of Hope Hollow Road . The Property is located

approxin1ately 400 feet fr01n the Grayson Village Shopping Center and 1,000 feet fr01n the right-

of-way of Loganville Highway (State Route 20). The Applicant is requesting to rezone the

subject Property to the R-SR zoning classification in order to permit the develop1nent of a

Senior-Oriented residential c01nn1unity .

The proposed development is designed to serve the needs of a growing senior population

and would provide a total of approximately 172 homes focused on a central green space and

recreation area including natural areas, a pocket park, and walking trails. The proposed

developn1ent would provide additional comn1onlopen space spread throughout the Property and

connected by a system of sidewalks and walking trails for the use and enjoyment of residents .

The proposed trail network would also increase the walkability of the proposed development

promoting a healthy, active lifestyle for residents. The Property ' s close proxi1nity to the Grayson

CE\V Sugarloaf Office II 1550 North Brown Road, Suite 125, La'vvrenceville, G eorgia 30043 AUG 0 3 2018

NorthPoint Office II 111 75 Cicero Drive, Suite 100, Alpharetta, Georgia 30022

TELEPHONE no 232 oooo 1

~n\ng o v \ nt FACSIMILE 678 518 6880 '

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W\V\v.mptlawfirm.com \R1.R ' 8

Village Shopping Center also adds to the walkability of the proposed community and residents

would be able to walk to n1any of their daily activities.

The proposed development is compatible with development on surrounding and adjacent

property. Further, the proposed development is consistent with the policies and intent of the

Gwinnett County 2030 Unified Plan which specifically encourages development of senior

oriented housing in Policy A.4.4 which is to "Support Expanded Housing Options for Seniors. "

In its synopsis of the Policy, the Unified Plan provides that "as more people choose to ' age in

place ' or relocate to Gwinnett to be closer to children and grandchildren, demand for various

fonns of senior housing will rise. " The proposed development would provide an option for

seniors to age in place and remain in their current cmnmunities while transitioning to a housing

style that is n1ore compatible with their current stage of life . Moreover, since "such housing is for

people at a post-family formation stage of their life, senior housing does not affect such issues as

school capacity and therefore can be developed at higher intensities than equivalent units geared

for younger fmnilies. "

The Property is located in the Existing/Emerging Suburban character area for which the

2030 Unified Plan largely encourages single-fmnily residential developn1ent. However, the

Property is located just 400 feet fro111 land designated as within the Corridor Mixed-Use

character area for which the 2030 Unified Plan encourages high-intensity cmnmercial and

mixed-use developments. The Unified Plan recommends two density levels for new residential

developn1ent in the Existing/Emerging Suburban Character Area depending on the character of

surrounding developn1ent. Because the subject Propetiy is in the vicinity of relatively intense

co1n1nercial development and the UDO specifically provides that senior developments "can be

AUG 0 3 2018

developed at higher intensities than equivalent units geared for younger families ," the proposed

development, at approximately 3.3 units per acre, is consistent with the policies set forth in the

Unified Plan.

The Applicant welcomes the opportunity to meet with staff of the Gwinnett County

Depart1nent of Planning & Development 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 31st day of July, 2018.

Respectfully Submitted,

AUG 0 3 2010

Ia ning . ev~ I

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

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 COMM ISSIONERS 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 AUG 0 3 2018

Oeve\

Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14

REZON ING 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

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Date

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REZON ING 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.

E (Vi K JP_ /

Type or Print Name and Title

Date

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AUG 0 3 2018

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CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezoning, has complied with the Offic ial Code of Georgia Section 36-67 A-I, et. seq, Conflict of Interest in Zonin~ Actions, and has submitted or attached the required informat ion on the forms provided.

SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE

RNEY OR REPRESENTATIVE

----SIGNATURE OF NOTARY PUBLIC DATE

---• • • •

Have you, within the two years immediate ly preceding t he filing of this application, made campaign contributions aggregating $250.00 or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Comm ission?

~YEs D No Mahaffey Pickens Tucker, LLP YOUR NAME

If the answer is yes, please complete the following section:

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION

POSITION OF (List all which aggregate WAS MADE

GOVERNMENT OFFICIAL

to $250 or More) (Within last two years)

See attached.

Attach additional sheets if necessary to disclose or describe all contributions.

6 AUG 0 3 2018

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CONFLICT OF INTEREST CERTIFICATION FOR REZONING/CHANGE IN CONDITIONS AND SPECIAL USE PERMIT APPLICATIONS

MAHAFFEY PICKENS TUCKER, LLP

NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL

John Heard CONTRIBUTIONS

$2000 DATE

02/20/2018

AUG 0 3 2018

Updated, 03A01/Q018 V 10 n


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

133 Land Lot


TAX COMMISSIONERS USE ONLY

030 Parcel

Date f

(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)

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'J NAME TITLE

y /31 /;K DATE

7 t\UG 0 3 2018

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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

133 Land Lot


TAX COMMISSIONERS USE ONLY

005 Parcel

(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)

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JUSTIFICATION FOR REZONING APPLICATION

The portions of the Gwinnett County Unified Developn1ent 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 cmnpensation 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 Foutieenth

Amendtnent 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 propetiy 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 Fomieenth

An1endn1ent 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 Propetiy is presently suitable for development under the R-SR classification as

requested by the Applicant, and is not econon1ically suitable for development under the present RA-

200 and R-1 00 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 Aliicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983 ,

'Y RZR '1 030 ;_ :_;~ '· );) 2018

Ianning Dev lo, ment

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 rezone the Property to the R

SR classification with such conditions as agreed to by the Applicant, so as to permit the only

feasible econmnic 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 Atiicle 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 Propetiy 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 fmih 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 31st day of July, 2018.

Respectfully submitted,

ICKENS TUCKER, LLP

/anninQ 2

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[8] · Parcel 5133 005 5133030 PROPERTY OWNER LIST Nmne Nix, Charles William Nix, James E, Jr...

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Transcript of [8] · Parcel 5133 005 5133030 PROPERTY OWNER LIST Nmne Nix, Charles William Nix, James E, Jr...