R CEIVED BY...RZR '18 014 RECE\VEDBY Sugarloaf Office II 1550 Nordl. Bwwn Road, Suite 125,...

$: R CEIVED BY...RZR '18 014 RECE\VEDBY Sugarloaf Office II 1550 Nordl. Bwwn Road, Suite 125, Lawrenceville, Georgia 30043 NorthPoint Office II 11175 Cicero Drive, Suite 100, …$
Gwinnett County Planning D ivision Rezoning A ppli cat ion Last Updated 2/201 4

REZONING APPLICATION A N A PPLI CATIO N TO AM EN D TH E OFFICIAL ZONING MAP OF GWINN ETT COUNTY, GA.

APPLICANT INFORMATION OWNER INFORMATION* Cooper Moon , LLC c/o Mahaffey Pickens Tucker,

NAME: James Elmer Nix, Jr. NAME: LLP

ADDRESS: 1550 North Brown Road, Suite 125 A DDREss: 595 Hope Hollow Road

CITY: Lawrenceville CITY: Loganville

STATE: Georgia Z IP: 30043 sTATE: Georgia Z IP: 30052

PH O N E: 770.232.0000 PH O N E: 770.232.0000

CO NTA CT PERSON: Shane Lanham PHO N E: 770.232 .0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

D OWNER'S A GENT D PROPERTY OWNER ~CONTRACT PURCHASER

PRESENT ZONING DISTRICTS(S): R- 1 OO REQUESTED ZONING D IST RI CT: R-SR

LAND DISTRICT(S): 5 LAND LO T(S): 134 A CREAGE: +/-20 .58

ADDREss oF PROPERTY: Moon Road & Cooper Road

PROPOSED D EVELO PM ENT: Senior-Oriented Residentia l Development

RESIDENTIAL DEVELOPM ENT NON-RESIDENTIAL DEVELOPM ENT

+/-83 No. of Lots/Dwelling Unit s _____ _ No. of Buildings/Lots: _N_A _____ _ 1,000+ square feet

Dwelling Unit Size (Sq. Ft.): ____ _ NA Total Building Sq. Ft. -------

G D . +/-4 .0 un its per acre

ross ens1ty: --------- D . NA ens1t y: -----------

N D . +/-4.0 units per acre

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

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

2

R CEIVED BY APR 0 6 2018

Planning & Development

RZR '18 0 lll

LEGAL DESCRIPTION East Side 1

All that tract or parcel of land lying and being in Land Lot 134 of the 5th District, Gwinnett County,

Georgia and being more particularly described as follows:

Begin at the intersection of the northeasterly right-of-way of Moon Road (r/w varies) and the

northwesterly right-of-way of Copper Road (80' r/w), said point being THE TRUE POINT OF BEGINNING;

THENCE North 30 degrees 02 minutes 40 seconds West a distance of 190.00 feet along said right-of

way of Moon Road to a point;


way to a point;

THENCE along a curve to the right for an arc length of 146.07 feet, having a radius of 1115.92 feet,

being subtended by a chord bearing North 26 degrees 17 minutes 39 seconds West, for a distance of

145.97 feet along said right-of-way to a point;


way to a point;


way to a point;

THENCE North 58 degrees 53 minutes 56 seconds East a distance of 920.64 feet leaving said right-of

way to a point;

THENCE South 44 degrees 42 minutes 01 seconds East a distance of 103.98 feet to a point;

THENCE South 44 degrees 42 minutes 04 seconds East a distance of 134.93 feet to a point;

THENCE along a curve to the left for an arc length of 278.20 feet, having a radius of 1146.28 feet,

being subtended by a chord bearing South 51 degrees 39 minutes 14 seconds East, for a distance of

277.51 feet to a point;

THENCE along a curve to the right for an arc length of 366.84 feet, having a radius of 4351.67 feet,

being subtended by a chord bearing South 56 degrees 11 minutes 30 seconds East, for a distance of

366.73 feet to a point located on the northwesterly right-of-way of Copper Road;

THENCE South 60 degrees 00 minutes 20 seconds West a distance of 1307.70 feet along said right

of-way to a point, said point being THE TRUE POINT OF BEGINNING.

Said tract contains 20.58 acres more or less.

RECE\VEDBY APR 0 6 2018 RZR '18 014

Plann\ng & Oeve\opment

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dre Development Planning

& Engineering, Inc. ~-~._..,.._.._

5074 BRISTOL INDUSTRIAL WAY SUITE A

BUFORD, GEORGIA 30518 (770) 271-2868

PREPARED FOR:

FIELDSTONE PROPERT1ES AND DEVEWPMENT 890 BROGDON ROAD SUWANEE, GA. 80024

PROJECT NAME:

JAMES NIX TRACTS

~

CONCB"TUAL REZONNQ

EXHEIT

PROJECT INFORMATION:

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

REZONING APPLICAN T 'S RESPON SE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

PURSUANT TO REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE, THE BOARD OF COMMISSIONERS FINDS THAT THE FOLLOWING STANDARDS ARE RELEVANT IN BALANCING THE INTEREST IN PROMOTING THE PUBLIC HEALTH, SAFETY, MORALITY OR GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND SHALL GOVERN THE EXERCISE OF THE ZONING POWER.

PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY:

(A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:

Please see attached

(B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: Please see attached

(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: Please see attached

(D) WHETHER THE PROPOSED REZONING WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS: Please see attached

(E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: Please see attached

(F) WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE PROPOSED REZONING:

Please see attached

APR 0 6 2018 lJ.l~t '18 3

Planning & Development 01 'I

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 Moon Road and Cooper Road just south of Loganville Highway (State Route 20). The Property is adjacent to land zoned for commercial/retail and/or office 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 compatible with existing single-family residential, commercial/retail, and office uses of 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).

(E) Yes, the proposed Rezoning Application is in conformity with the policy and intent of the Gwinnett County Land Use Plan.

(F) The Applicant submits that the subject Property's location adjacent to existing office/commercial uses and its proximity to major transportation corridors provide additional support of the Application.

RECEIVE APR 0 6 2018


RZR '18 014

Matthew P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber Mary Grace Griffin Christopher D. Holbrook Nicholas N . Kemper

COMBINED LETTER OF INTENT FOR

REZONING APPLICATIONS OF COOPER MOON, LLC

Shane M. Lanham Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Andrew D. Stancil R. Lee Tucker, Jr.

*Of Counsel

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

"Applications") on behalf of Cooper Moon, LLC relating to a proposed development on an

approximately 41.34-acre tract of land (the "Prope1iy") located at the intersection of Moon Road

and Cooper Road in southeastern Gwinnett County. The Property is located on both sides of

Moon Road and is divided into a +/-20.58-acre tract (the "East Tract") and a +/-20.76-acre tract

(the "West Tract"). The proposed development is designed to serve the housing needs of senior

residents and would provide a total of 164 detached homes across both tracts. The overall net

density of the proposed development is 3.98 units per acre. The proposed development would

also provide approximately 8.1 acres of common/open space (which is 19.6% of the Property's

area) for the use and enjoyment of residents including a centrally-located pocket park which is

integrated mnongst surrounding homes.

The Property would have convenient access to cormnercial/retail, office, and institutional

uses along Loganville Highway (aka Georgia State Route 20) including the Grayson Village

shopping center which contains a Publix grocery store as well as various other shopping and

restaurant oppo1iunities. The proposed development is compatible with development on

RZR '18 014 RECE\VEDBY

Sugarloaf Office II 1550 Nordl. Bwwn Road, Suite 125, Lawrenceville, Georgia 30043

NorthPoint Office II 11175 Cicero Drive, Suite 100, Alpharetta, Georgia 30022 ApR O 6 2018 TELEPHONE 770 232 0000

FACSlt\tilLE 678 518 6880

www.mptlawfirm.com Planning & Oeve\opment

surrounding and adjacent property and would provide an appropriate transitional use from

existing adjacent commercial, office, and institutional uses to additional single-fmnily detached

uses to the north, west, and south. Further, the proposed development is consistent with the

policies and intent of the Gwim1ett County 2030 Unified Plan which specifically encourages

development of senior-oriented housing in Policy A.4.4 which is to "Support Expended 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, de1nand for various forms of senior housing will rise." The proposed development

would provide an option for seniors to age in place and remain in their current communities

while transitioning to a housing style that is more 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 families ."

The Prope1iy is located in the Existing/Emerging Suburban character area for which the

2030 Unified Plan largely encourages single-family residential development. However, the

Property is adjacent to land designated as within the Corridor Mixed-Use character area for

which the 2030 Unified Plan encourages high-intensity commercial and mixed-use

developments . The Unified Plan recommends two density levels for new residential development

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

development. Because the subject Prope1iy is in the vicinity of relatively intense commercial

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

RECEIV DBY RZR '18 014 APR 0 6 201 8


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

at +/-3.98 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 Gwim1ett County

Depart1nent 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 the Applications.

This 3rd day of April, 2018.

Respectfully Submitted,

PICKENS TUCI(ER, LLP

Attorneys for Applicant

RECEIVED BY APR 0 6 2018


RZR '18 014

Gwinnett County Plann ing Division Rezoning Application Last Updated 2/20 14

REZONING APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE TH IS 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.

Shane Lanham, Attorney for the Applicant Type or Print Name and T it le

4

R CE\VEOBY APR 0 S 2018

Planning & Oeve\opmen

~~lR '18 0 111


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 REAPPLI CATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

~ ' Signature of Property Owner ~

Type or Print Name and Title I

5

Date

R CEIVED Y APR 0 6 2018


RZR '18 014 . . -


CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezoning, has complied with t he O fficial Code of Georgia Section 36-67 A - I, et. seq, Conflict of Interest in Z oning Actions, and has submitted or attached t he required informat ion on the forms provided.

DATE TYPE OR PRINT NAME AND TITLE

Shane M. Lanham, Attorney for Applicant

TYPE O R PRINT,Jtl"1M6~D TITLE ,,,,, ~B E eu '',,,

...... _,,<:.:. ......... 'If L. ,, ~ ~- •·• ... ,QT,.II ·,.'I..<_ ... , ~ ~~ .. · ,~ '11:; )- ... 'a 0:, - :::;· £: ·r-- ... = : G XP!Ac::-s ·• o -: - · Eo t..: , • -: : o !RGJA : m = ~ \t?=f~~~5~ ... · :u g

0:, /. • •• ,()&. ... ~ .. , ~:·. auc ... · ..c-l.. ......

DATE

'',/"!: ....... \j~ ·\,'' DISCLOSURE OF CAMPAIGN CONTRIBUTIONS ,,,,,'J;,~~''''''

Have you, within the two years immediately preceding the 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 Commission?

[8] 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

POSIT ION OF (List all which aggregate WAS MADE

GOVERNMENT OFFICIAL

to $250 or More) (W it hin last two years)

See attached.

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

6 RlR_'18 01 4

CE\VE B A~R 0 6 2018


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

02/20/201 8

CElV DB AP ) 0 6 2018

Planning & Developmen

RZR '18 014

Updated 03/01/2018

Gwinnett County Planning Division Rezon ing Application Last Updated 2/20 14

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE TH IS 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: 5 134 034 District Land Lot Parcel

e Lanham, Attorney for the Applicant Type or Print Name and Title

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)

DATE

7

ri • r.-1 }ill .J f?../\ I L( _ ':!d_(j

TITLE

R CE\VE BY RZR '18 0 1 it APR 0 6 2018

Planning & Deve\opment

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FAIRFIELD April 6, 2018

RZR '18 014 RECEIVEOB

APR 0 6 2018


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BRUNSWICK CEIVEO ,y

April6,2018

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JUSTIFICATION FOR REZONING APPLICATION

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 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 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 Fourteenth

Amendment to the Constitution of the United States denying the Applicant an economically viable

use of its land while not substantially advancing legitimate state interests.

The Property is presently suitable for development under the R -SR classification as

requested by the Applicant, and is not economically suitable for development under the present R-

1 00 zoning classification 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 Atiicle I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the

CEIVEDBY ·~ZR '18 4 1-\;--~K 0 6 2018

1 Planning & Development

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 economic use of the Property, would be unconstitutional and discriminate in an arbitrary,

capricious and unreasonable manner between the Applicant and owners of similarly situated

property in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georgia

of 1983 and the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the

United States. Any rezoning of the subject Property to the R-SR classification, subject to conditions

which are different from the conditions by which the Applicant may amend its application, to the

extent such different conditions would have the effect of further restricting the Applicant's and the

Owner's utilization of the subject Property, would also constitute an arbitrary, capricious and

discriminatory act in zoning the Property to an unconstitutional classification and would likewise

violate each of the provisions of the State and Federal Constitutions set forth hereinabove.

Accordingly, the Applicant respectfully requests that the rezoning application submitted by

the Applicant relative to the Property be granted and that the Property be rezoned to the zoning

classification as shown on the respective application.

This 4th day of April, 2018.

Respectfully submitted,

MAHAFFEY PICKENS TUCKER, LLP

~M-am--Attorneys for Applicant

2

CE\VEDBY APR 0 6 2018

Planning & DeiJelopment

ti{ZR '18 0 1 4

R CEIVED BY...RZR '18 014 RECE\VEDBY Sugarloaf Office II 1550 Nordl. Bwwn Road, Suite 125,...

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Transcript of R CEIVED BY...RZR '18 014 RECE\VEDBY Sugarloaf Office II 1550 Nordl. Bwwn Road, Suite 125,...