~contract€¦ · last updated 2/2014 special use permit application an application to amend the...
TRANSCRIPT
Gwinnett County Planning Division Special Use Permit Application
Last Updated 2/2014
SPECIAL USE PERMIT APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA.
APPLICANT INFORMATION OWNER INFORMATION*
NAME: ASC Acquisitions, LLC NAME: *See attached owner sheet
ADDRESS: 1550 North Brown Road, Suite 125 ADDRESS:
CITY: Lawrenceville CITY:
STATE: Georgia ZIP: 30043 STATE: ZIP:
PHONE: 770.232.0000 PHONE:
coNTACT PERSON: Shane Lanham PHONE: 770.232.0000
coNTACT'S E-MAIL: [email protected]
*Include any person having a property interest and any person having a financial interest in any business entity having property interest (use additional sheets if necessary).
APPLICANT IS THE:
DOWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER
R-1 00/0-1 +/- 617 782 square feet EXISTING/PROPOSED ZONING: BUILDING/LEASED SQUARE FEET: __ · __ _
LAND DISTRICT(S): 5 LAND LOT(S): 087 & 106 ACREAGE: +/-56.12
ADDREss oF PROPERTY: Webb Gin House Road
sPECIAL usE REQUESTED: Building Height increase
PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED
RECEIVED BY
NOV 0 2 2017
Planning & Development
SUP '18 00 4
2
Parcel # 5087 120 5106 278 5106 003 5106 067
LIST OF PROPERTY OWNERS
Owner Name JLC Holdings, LLLP JLC Holdings, LLLP Clark, Vitmie Lucile Hanison, Richard L. & Joyce
RECEIVED BY
NOV 0 2 2017
Planning & Development
Address 2301 Lenora Rd, Loganville, GA 30052 2301 Lenora Rd, Loganville, GA 30052 2301 Lenora Rd, Loganville, GA 30052 1141 Webb Gin House Rd, Lawrenceville GA 30045
SUP '1800t
CELEBRATION SNELLVILLE LEGAL DESCRI PTION
ALL THAT TRACT OR PARCEL OF LAND LYING OR BEING IN LAND LOTS 86, 87 & 106 OF THE 5TH
DISTRICT OF GWINNETT COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 1 Yz INCH OPEN TOP PIPE FOUND AT THE CORNER COMMON TO LAND LOTS 86,
87, 106 AND 107; SAID CORNER BEING ALSO THE SOUTHEASTERN CORNER OF LOT 24 OF THE VILLAS
OF I<NOLLWOOD LAKES UNIT ONE SUBDIVISION AS RECORDED IN PLAT BOOK 115, PAGE 52, SAID
CORNER BEING ALSO THE SOUTHWESTERN CORNER OF LOT 28 OF KNOLLWOOD LAKES UNIT 4-A
SUBDIVISION AS RECORDED IN PLAT BOOK 98, PAGE 155.
FROM THE POINT OF BEGINNING, AS THUS ESTABLISHED, PROCEEDING WITH THE SOUTHEASTERN
BOUNDARY LINE OF KNOLLWOOD LAKES UNIT 4-A SUBDIVISION AS RECORDED IN PLAT BOOK 98,
PAGE 155, AND FURTHER WITH THE SOUTHEASTERN BOUNDARY LINE OF KNOLLWOOD LAKES UNIT
TWO AS RECORDED IN PLAT BOOK 102 PAGE 94, ALONG THE LAND LOT LINE COMMON TO LAND
LOTS 106 AND 107 NORTH 60 DEGREES 19 MINUTES 23 SECONDS EAST, A DISTANCE OF 790.00 FEET
TO AN AXEL FOUND AT THE NORTHWESTERN CORNER OF LOT 24 OF THE ARBORS OF I<NOLLWOOD
LAKES UNIT TWO AS RECORDED IN PLAT BOOK 104, PAGE 146;
THENCE LEAVING SAID LAND LOT LINE AND PROCEEDING WITH THE SOUTHWESTERN BOUNDARY
LINE OF THE ARBORS OF KNOLL WOOD LAKES UNIT TWO AS RECORDED IN PLAT BOOK 104, PAGE 146,
SOUTH 30 DEGREES 19 MINUTES 20 SECONDS EAST, A DISTANCE OF 686.18 FEET TO A Yz INCH REBAR
FOUND AT THE NORTHWESTERN CORNER OF THE ARBORS OF KNOLL WOOD LAKES UNIT ONE OPEN
SPACE AS RECORDED IN PLAT BOOI< 104, PAGE 207;
THENCE PROCEEDING WITH THE SOUTHWESTERN BOUNDARY LINE OF THE ARBORS OF
KNOLLWOOD LAKES UNIT ONE OPEN SPACE AS RECORDED IN PLAT BOOK 104, PAGE 207, SOUTH 30
DEGREES 19 MINUTES 47 SECONDS EAST, A DISTANCE OF 699 .90 FEET TO A Yz INCH REBAR SET ON
THE NORTHWESTERN RIGHT OF WAY LINE OF WEBB GIN HOUSE ROAD (RIGHT OF WAY VARIES);
THENCE PROCEEDING ALONG SAID RIGHT OF WAY OF WEBB GIN HOUSE ROAD ALONG A CURVE TO
THE RIGHT WITH A RADIUS OF 1446.99 FEET AND AN ARC LENGTH OF 140.62 FEET (SAID CURVE
HAVING A CHORD BEARING OF SOUTH 60 DEGREES 04 MINUTES 02 SECONDS WEST AND A CHORD
DISTANCE OF 140.56 FEET) TO A Yz INCH REBAR SET;
THENCE SOUTH 30 DEGREES 17 MINUTES 44 SECONDS EAST A DISTANCE OF 14.03 FEET TO A Yz INCH
REBAR SET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1442.91 FEET AND AN ARC LENGTH OF
156.51 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 68 DEGREES 09 MINUTES 33
SECONDS WEST AND A CHORD DISTANCE OF 156.39 FEET) TO A POINT;
THENCE SOUTH 72 DEGREES 04 MINUTES 56 SECONDS WEST A DISTANCE OF 273.87 FEET TO A
POINT;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1744.05 FEET AND AN ARC LENGTH OF
58.11 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 71 DEGREES 07 MINUTES 40
SECONDS WEST AND A CHORD DISTANCE OF 58.10 FEET) TO A Yz INCH REBAR SET;
RECEIVED BY
NOV 0 2 2017 SUt '18 00 4
Planning & Development
THENCE NORTH 20 DEGREES 29 MINUTES 02 SECONDS WEST A DISTANCE OF 24.23 FEET TO A~
INCH REBAR SET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1855.00 FEET AND AN ARC LENGTH OF
77.29 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 68 DEGREES 19 MINUTES 25
SECONDS WEST AND A CHORD DISTANCE OF 77.29 FEET) TO A~ INCH REBAR SET;
THENCE NORTH 22 DEGREES 52 MINUTES 03 SECONDS WEST A DISTANCE OF 5.00 FEET TO A~ INCH
REBAR SET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1860.00 FEET AND AN ARC LENGTH OF
155.00 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 64 DEGREES 44 MINUTES 34
SECONDS WEST AND A CHORD DISTANCE OF 154.96 FEET) TO A~ INCH REBAR SET;
THENCE SOUTH 40 DEGREES 28 MINUTES OS SECONDS WEST A DISTANCE OF 54.15 FEET TO A~
INCH REBAR SET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 10179.48 FEET AND AN ARC LENGTH OF
393.01 FEET (SAID CURVE HAVING A CHORD BEARING OF SOUTH 61 DEGREES 15 MINUTES 46
SECONDS WEST AND A CHORD DISTANCE OF 392.99 FEET) TO A~ INCH REBAR SET;
THENCE SOUTH 60 DEGREES 50 MINUTES 48 SECONDS WEST A DISTANCE OF 542 .18 FEET TO A~
INCH REBAR SET;
THENCE SOUTH 54 DEGREES 48 MINUTES 39 SECONDS WEST A DISTANCE OF 42.91 FEET TO A 3
INCH OPEN TOP PIPE FOUND AT THE SOUTHEASTERN PROPERTY CORNER OF SOLA FIDE
EVANGELICAL LUTHERAN CHURCH OF LAWRENCEVILLE, GEORGIA, AS RECORDED IN DEED BOOK
14073, PAGE 55;
THENCE LEAVING WEBB GIN HOUSE ROAD AND PROCEEDING WITH THE NORTHEASTERN PROPERTY
LINE OF SOLA FIDE EVANGELICAL LUTHERAN CHURCH OF LAWRENCEVILLE, GEORGIA, AS RECORDED
IN DEED BOOK 14073, PAGE 55, AND FURTHER WITH THE NORTHEASTERN PROPERTY LINE OF SCENIC
CAPITAL, LLC, AS RECORDED IN DEED BOOK 50773, PAGE 280, NORTH 20 DEGREES 12 MINUTES 52
SECONDS WEST A DISTANCE OF 1443.42 FEET TO A LEAF SPRING FOUND AT THE SOUTHEASTERN
CORNER OF ANOTHER PROPERTY OF SCENIC CAPITAL, LLC, AS RECORDED IN DEED BOOK 52556,
PAGE 197;
THENCE PROCEEDING WITH THE NORTHEASTERN PROPERTY LINE OF SCENIC CAPITAL, LLC, AS
RECORDED IN DEED BOOK 52556, PAGE 197, NORTH 22 DEGREES 41 MINUTES 32 SECONDS WEST A
DISTANCE OF 191.09 FEET TO A 1 ~INCH OPEN TOP PIPE FOUND AT THE SOUTHWESTERN CORNER
OF LOT 15 OF THE VILLAS OF KNOLLWOOD LAKES UNIT ONE SUBDIVISION AS RECORDED IN PLAT
BOOK 115, PAGE 52;
THENCE NORTH 83 DEGREES 10 MINUTES 55 SECONDS EAST A DISTANCE OF 878.60 FEET TO THE
POINT OF BEGINNING,
SAID TRACT OR PARCEL OF LAND CONTAINING 2,444,737 SQUARE FEET OR 56 .12 ACRES, MORE OR
LESS.
RECEI\/ED BY SUP'18
NOV 0 2 2017
Planning & Development
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RECEIVED BY
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CELEBRATION SITE DATA
GROSS/NET ACREAGE: 56.10 ACRES CURRENT ZONING: R-100 PROPOSED ZONING: 0·1 OVERLAY DISTRICT NONE
AREA 1: CELEBRATION VILLAGE PARCEL AREA: 14.97 AC
PROPOSED RESIDENTIAL USE. 140 INDEPENDENT LIVING VILLAS 44 CONCIERGE LIVING APARTMENTS 55 ASSISTED LIVING APARTMENTS 31 MEMORY CARE APARTMENTS 270 TOTAL UNITS
PROPOSED NON·RESIDENTIAL USE: 25,900 SOFT CLUB FACILITY 1,100 SOFT MAINTENANCE BUILDING
AREA 2: RESERVE EAST PARCEL AREA: 14.97 AC 64 RESIDENTIAL UNITS
AREA 3: RESERVE WEST PARCELAREA: 18.99AC 64 RESIDENTIAL UNITS
AREA4 ' CELEBRATION RETAIL PARCEL AREA: 4.80 AC WEST RETAIL 15,000 SF WEST OFFICE 18,000 SF EAST RETAIL 15,000 SF
AREA 5 PERSONAL CARE 2 BUILDINGS WITH 12 UNITS EACH 24 TOTAL UNITS
SETBACKS FRONT YARD 15' SIDE Y ARO· 1 0' REAR YARD 25' TRANSITIONAL YARD 50' BUFFER (CAN BE GRADED
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SUP '18 00 4
RECEIVED BY
NOV 0 2 2017
Planning & Development
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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
NOV 0 2 2017
Planning & Oeve\opmen
3 SUP '18004
REZONING & SPECIAL USE PERMIT APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER
(A) Yes, the proposed develop1nent will pennit a use that is suitable in view of the use and develop1nent of adjacent and nearby property. The property is adjacent to existing residential uses as well as institutional and cmnmercial uses located along Scenic Highway (State Route 124).
(B) No, the proposed develop1nent will not adversely affect the existing use or usability of any of the nearby properties.
(C) In light of the size, location, layout, and character of surrounding uses, the Applicant subtnits that the property does not have reasonable econmnic use as currently zoned.
(D) No, the proposed develop1nent will not result in an excessive or burdensome use of the infrastructure syste1ns . The proposed use of a retire1nent community is a relatively lowintensity use which will generate fewer vehicle trips than other potential developments. The proposed subject Property has convenient access to Georgia Highway 124 and Grayson Highway .
(E) Yes, the proposed develop1nent is 1n confonnity with the policy and intent of the Gwim1ett County 2030 Unified Plan.
(F) The Applicant submits that the con11nerciallretail nature of adjoining properties provides additional support for the Applications.
RECEIVED BY
NOV 0 2 2017
Planning & Development
lviatthew P . Benson Gerald Davidson, Jr.* BrianT. Easley
Austen T. Mabe Jeffrey R. Mahaffey David G . McGee Steven A. Pickens Andrew D. Stancil R. Lee Tucker, Jr.
Kelly 0. Faber Christopher D. Holbrook Frances H . Kim Shane M. Lanham *Of Counsel
R
LETTER OF INTENT FOR REZONING AND SPECIAL USE PERMIT APPLICATIONS OF ASC ACQUISITIONS, LLC
Mahaffey Pickens Tucker, LLP subn1its this Letter of Intent and attached rezoning and
special use pennit applications (the "Applications") on behalf of ASC Applications, LLC (the
"Applicant") for the purpose of requesting the rezoning of an approxi1nately 56.12 acre tract of
land (the "Property") to the 0-I zoning classification. The Applicant is requesting special use
pern1its for the use of Retirement Community, Continuing Care and a building height increase.
The Property is located on the nmiherly side of Webb Gin House Road approximately one half
1nile east of its intersection with Scenic Highway (a/k/a State Route 124). The Prope1iy is
currently zoned R-1 00 .
The Applicant is requesting approval of the Applications in order to develop the Property
as a Retire1nent Co111n1unity including a variety of residential options for residents as well as
various mnenities including pools, tennis courts, and an approximately 25,900 square foot
Celebration Club facility . The proposed development would include independent living villas,
concierge-style residences, assisted living, and 1nemory care units providing a diversity of
residents and levels of care. Residents would be able to age in place and transition within the
proposed development based on their needs. For example, Independent Living Villas would be
available for residents that live on their own, but desire a n1ore cohesive community atmosphere
and convenient access to various mnenities. Additionally, assisted living and memory care units
would be available for residents that require help with daily tasks.
The UDO encourages the type of develop1nent that is proposed by the Applicant.
Specifically, the Gwinnett County 2030 Unified Plan specifically sets forth Policy A.4.4 to
"Support Expanded Housing Options for Seniors." The 2030 Plan provides that expanding
housing options for seniors i1nproves quality of life by increasing the ability of senior relatives of
Gwi1u1ett residents to 1nove closer to their fan1ilies . Moreover, the proposed comn1unity would
increase the walkability of Webb Gin House Road and would expand the pedestrian com1ectivity l\ ll/ !l"o' '~ '"-11' T1'11' """1HI 'jqluse Road to Scenic Highway and adjacent cmn1nercial and retail uses . Such
Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia 30043
NOV 0 2 2017 NorthPoint Office II 11175 Cicero Drive, Suite 100, Alpharetta, Georgia 30022 SUP '18 004 TELEPHONE 770 232 0000
Planning & Oeve\opment FACSIMILE 678 518 6880
www.mptlawfirm.com
walkability would promote a healthier lifestyle for existing residents of the surrounding area as
well as residents of the proposed development.
Residents and visitors would have convenient access to the Prope1iy via Webb Gin House
Road and Scenic Highway. The Property is also located in close proximity to Grayson Highway
to the east and Sugarloaf Parkway to the north. The proposed retirement community would also
generate substantially fewer vehicle trips than a typical1nulti-fmnily or 1nixed-use developn1ent
and would also have essentially a net zero effect on school enrollment since residents are
typically beyond the family fonnation stages of their lives.
As depicted on the site plan submitted with the Application (the "Site Plan"), the
Applicant is also requesting a buffer reduction along the Property's easterly, northerly, and a
portion of the westerly boundary lines where adjacent to residentially-zoned properties. The
UDO requires a 50-foot natural, undisturbed buffer and the Applicant is requesting a
n1odification of that buffer to a 50-foot landscaped buffer. As a large pmiion of the Property is
open pasture land, there is little to no buffering currently in place. Additionally, as depicted on
the Site Plan, the Applicant is requesting the approval of a special use permit for a building
height increase up to 54 feet to accon1modate buildings within the proposed development's
centrally-located Village area.
The Applicant and its representatives welcmne the oppo1iunity to 1neet with staff of the
Gwinnett County Departlnent of Pl~nning & Developn1ent to answer any questions or to address
any concerns relating to the matters set fmih in this letter or in the Applications filed herewith.
The Applicant respectfully requests your approval of this Application.
This 1st day ofNove1nber, 2017
Respectfully Sub1nitted,
RECEIVED BY
NOV 0 2 2017 SUP'18004
Planning & Development
Gwinnett County Planning Division Special Use Permit Application
Last Updated 2/20 14
SPECIAL USE PERMIT 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.
Date
Shane Lanham, Attorney for the Applicant Type or Print Name and Title
RECEIVED BY.
NOV 0 2 2017
Planning & Development SUP •t8004
4
Gwinnett County Planning Division Special Use Permit Application
Last Updated 8.2008
SPECIAL USE PERMIT 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 t~n'/1 Date
A~ A. VATU ~I Type or Print Name and Title
Date
RECEIVED BY SUP '18 004
NOV 0 2 2017
Planning & Development
4
Gwinnett County Planning Division Special Use Permit Application
Last Updated 2/20 14
SPECIAL USE PERMIT 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.
!/_2-/2 Srgnature of Property Owner Date
Ty~e or Print Name and Title
Signature of Notary Public
RECEIVED BY NOV 0 2 2017
SUP '18 00 It Planning & Development . -
5
Gwinnett County Planning Division Special Use Permit Application
Last Updated 2/2014
SPECIAL USE PERMIT 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.
S1g of Property Owner
Type o rint Name and T1tle
Signature of Notary Public
RECEIVED BY
NOV 0 2 2017
Planning & Development
5
lf-:Jil • Date
Date
SUP '180~ .
Gwinnett County Planning Division Special Use Permit Application
Last Updated 2/2014
SPECIAL USE PERMIT 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 COM MISSIONERS.
Type or Print Name and Title
RECE\VEDBY NOV 0 2 2017
Planning & Oeve\opment
5
!CJ Date
SUP '18 00
Gwinnett County Plann ing Division Special Use Permit App lication
Last Updated 2/20 14
SPECIAL USE PERMIT PROPERTY OWNER'S CERTIFICATION
THE UNDERSIGNED BELOW, OR AS A TI ACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN TH IS 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.
Signature of Property Owner 7 1(-z~/7
Date
Signatu re of Notary Pu lie bate
RECEIVED BY SUP '18 00 4
NOV 0 2 2017
Planning & Development
5
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
CONFLICT OF INTEREST C:ERT~FICATION FOR REZONING )vP
The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-67 A-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on t he forms provided.
DATE TYPE OR PRINT NAME AND TITLE
Shane M. Lanham, Attorney for Applicant
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 t he Gwinnett County Planning Commission?
~ YEs D No Mahaffey Pickens Tucker, LLP YOUR NAM E
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.
CEllED Y
NO 0 2 2017 RZC ?00 _ Planning & Development 6
SUP '18 00 4
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
RECE\VEDBY
NOV 0 2 2017
Planning & Deve\opment
CONTRIBUTIONS
$1000 $1000
z 0
DATE
01 /27/2016 03/08/2016
SUP '1800 4
Updated 10/02/2017
Gwinnett County Planning Division Rezoning Application
Last Updated 12/20 IS
CONFliCT OF INTEREST CERTIFICATION FOR REZON ING/)vf>
The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-67 A- I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided.
SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE
DATE
~A~ Vkra# ~ liM 6rL-TYPE OR PRINT NAME AND TITLE
TYPE OR PRINT NAME AND TITLE
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?
DYES ~NO YOUR NAME
If the answer is yes, please complete the following section:
NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION
POSITION OF GOVERNMENT
(List all which aggregate WAS MADE
OFFICIAL to $250 or More) (Within last two years)
--- - -
Attach add itional sheets if necessary to disclose or describe all contributions.
RECEIVED BY
NOV 0 2 2017
Planning & Development 6
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATION OF CURRE T PAID PROPERTY TAXES FOR REZONING/5uf I
THE UNDERSIGNED BELOW IS AUTHORIZ ED 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: 5 106 (Map Ref District Land Lot
Shane Lanham, Attorney for the Applicant Type or Print Name and Title
DATE
R CE\VED BY
NOV 0 2 2017
TAX COMMISSIONERS USE ONLY
Planning & De 'e\opmen'' 7
003 Parcel
RZ.C o 0-&
SUP '1800 4
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING/suP
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.
5 106 067 District Land Lot Parcel
of Applicant
Shane 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)
~) icl':1c ~'~ NAME
DATE
RECEIVE BY
OV 0 2 2017
Pia ~ning & D-evelopment 7
RZC o 0
SUP '18004
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATION OF CURRENT PAID PROPERTY TAXES fOR REZONING/7uf'
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 tD. NUMBER: (Map Reference Number)
5 District
106 Land Lot
Shane Lanham, Attorney for the Applicant Type or Print Name and Title
TAX COMMISSIONERS USE ONLY
278 Parcel
Date
(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)
_D~~ ( < ~£'> -,\1 NAME
DATE
R CE\VEDBY
NO 0 2 2017 RZ.C 9 0 1
PI nning & Development 7
SUP '18 UU 4
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATIO OF CURRENT PAID PROPERTY TAXES FOR REZONING/SuP t
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.
PARCEli.D. NUMBER: 5 087 120 (Map R District Land Lot Parcel
Shane Lanham, Attorney for the Appl icant 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)
NAME
' tJ ' l \h J-.0 \ 'l
DATE
RECEIV DBY
10 \f 0 ?, 2017
Planning & De e\opment 7
·1-z''-X' --J VI v \ C(. i o ~ J o l IC1 J-e_ TITLE
Rz·eo 7 -·o . SUP '18004
JUSTIFICATION FOR REZONING
The pmiions of the Gwinnett County Unified Development Ordinance (the "UDO") which
classify or n1ay classify the prope1iy (the "Prope1iy") which is the subject of the rezoning and special use
pennit applications submitted herewith (the "Applications") 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 prope1iy rights without first paying fair, adequate and just compensation for
such rights , in violation of Aliicle I, Section I, Paragraph II of the Constitution of the State of Georgia of
1983, and the Due Process Clause of the Fowieenth An1end1nent 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 and/or without the requested special use pennit (the "SUP"), is unconstitutional,
illegal, null and void, constituting a taking of the Applicant's and the Owner's prope1iy in violation of the
Just Compensation Clause of the Fifth Alnendment and the Due Process Clause of the Fou1ieenth
A1nendment to the Constitution of the United States, Aliicle I, Section I, Paragraph I, and Aliicle I,
Section I, Paragraph II of the Constih1tion of the State of Georgia of 1983 , and the Equal Protection
Clause of the Fowieenth Atnendment to the Constitution of the United States denying the Applicant an
economically viable use of its land while not substantially advancing legitin1ate state interests.
The Propetiy is presently suitable for development under the 0-I classifications with the SUP 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 the Applications would constitute an arbitrary and
capricious act by the Gwinnett County Board of Cmnn1issioners without any rational basis therefore,
constituting an abuse of discretion in violation of Aliicle I, Section I, Paragraph I and Aliicle I, Section I,
Paragraph II of the Constih1tion of the State of Georgia of 1983 , and the Due Process Clause of the
RECEIVED BY
lO 0 2 2017
Planning & Development
RlC o 00 l SUP '16 00 4
Fotnieenth Amend1nent to the Constitution of the United States.
A refusal by the Gwinnett County Board of Comn1issioners to rezone the Property to the 0-I
classification and approve the SUP, as set fmih in the Applications, with such conditions as agreed to by
the Applicant, so as to pennit the only feasible economic use of the Property, would be unconstitutional
and discri1ninate in an arbitrary, capricious and um·easonable manner between the Applicant and owners
of sin1ilarly situated prope1iy in violation of A1iicle I, Section I, Paragraph II of the Constitution of the
State of Georgia of 1983 and the Equal Protection Clause of the Fourteenth Amendn1ent to the
Constitution of the United States. Any rezoning of the subject Prope1iy to the 0-I classifications and/or
approval of the SUP, subject to conditions which are different frmn the conditions by which the Applicant
1nay mnend its Applications, 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 discri1ninatory 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 Applicm1t respectfully requests that the Applications submitted by the Applicant
relative to the Property be grm1ted.
1550 Nmih Brown Road, Suite 125 Lawrenceville, Georgia 30043 (770) 232-0000
REGEl /ED BY
NO V 0 2 2017
PI nnin~ & Developmen
Respectfully submitted,
PICKENS TUCKER, LLP
2
SUP '18 00 4