rcic2021-00005 · 57 degrees 28 minutes 40 seconds west for a distance of 686.08 feet to a ½”...
TRANSCRIPT
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CHANGE IN CONDITIONS APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GEORGIA
PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED
RESIDENTIAL DEVELOPMENT:
NO. OF LOTS/DWELLING UNITS: DWELLING UNIT SIZE (Sq. Ft.): GROSS DENSITY: NET DENSITY:
NON-RESIDENTIAL DEVELOPMENT:
NO. OF BUILDINGS/LOTS:
TOTAL GROSS SQUARE FEET:
DENSITY:
APPLICANT INFORMATION PROPERTY OWNER INFORMATION*
NAME:
ADDRESS:
CITY:
STATE: ______________ ZIP:
PHONE:
NAME:
ADDRESS:
CITY:
STATE: ______________ ZIP:
PHONE:
CONTACT PERSON: ___________________________ PHONE: CONTACT’S E-MAIL:
APPLICANT IS THE:
OWNER’S AGENT PROPERTY OWNER CONTRACT PURCHASER
ZONING DISTRICTS(S): PRIOR ZONING CASE: PARCEL NUMBER(S): ACREAGE: ADDRESS OF PROPERTY: PROPOSED CHANGE IN CONDITIONS:
2
Change in Conditions Application for DRB Group Georgia, LLC
Property Owner Information
1. Estate of Martha Peevy c/o Mark Peevy 1545 Cedars Rd. Dacula, GA 30019 R5210 012 AND R5210 008 1545 and 1575 Cedars Rd. 1.77 acres and 29.314 acres
2. Estate of Will H. Stanley c/o Jerry Wayne Stanley 1251 Winder Hwy Dacula, GA 30019 R5239 005 1251 Winder Hwy 5.121 acres
3. Jerry Wayne Stanley 1255 Winder Hwy Dacula, GA 30019 R5239 034 1255 Winder Hwy 2.0 acres
LAND DESCRIPTION OVERALL
All that tract or parcel of land lying and being in Land Lots 210, 211, 238 & 239 of the 5th Land District, Gwinnett County, Georgia and being more particularly described as follows:
To find THE POINT OF BEGINNING, Commence at the Intersection of the Southeasterly Right‐of‐Way of Winder Highway (R/W Varies) and the Northerly end of the mitered Right‐of‐Way of Cedars Road (80’ R/W); THENCE leaving said intersection and traveling along the Southeasterly Right‐of‐Way of Winder Highway the following two (2) courses and distances along a curve to the right having a radius of 901.85 feet and arc length of 169.30 feet being subtended by a chord of North 46 degrees 40 minutes 23 seconds East for a distance of 169.05 feet to a ½” Rebar Found; Thence with a compound curve to the right having a radius of 901.85 feet and arc length of 176.98 feet being subtended by a chord of North 57 degrees 40 minutes 22 seconds East for a distance of 176.70 feet to a Point;, said point being THE POINT OF BEGINNING.
THENCE from point as thus established and continuing along aforesaid Right‐of‐Way of Winder Highway the following four (4) courses and distances, North 28 degrees 54 minutes 18 seconds West for a distance of 19.39 feet to a point; THENCE along a curve to the right having a radius of 2770.78 feet and arc length of 100.47 feet being subtended by a chord of North 66 degrees 01 minutes 28 seconds East for a distance of 100.47 feet to a ½” Rebar Found; THENCE along a curve to the right having a radius of 2770.78 feet and arc length of 149.59 feet being subtended by a chord of North 68 degrees 42 minutes 06 seconds East for a distance of 149.47 feet to a Point; THENCE North 70 degrees 12 minutes 37 seconds East for a distance of 118.79 feet to a 1/2” Rebar Found with Cap (PPI Traverse); THENCE leaving said Right‐of‐Way, South 28 degrees 47 minutes 39 seconds East for a distance of 545.68 feet to a 1/2” Rebar Found with Cap (PPI Traverse) on the Land Lot Line Common to Land Lots 238 & 239; THENCE continuing along said Land Lot Line the following three (3) courses and distances North 59 degrees 13 minutes 36 seconds East for a distance of 322.24 feet to a ½” Rebar Found; THENCE North 59 degrees 14 minutes 25 seconds East for a distance of 186.16 feet to a ½” Rebar Found; THENCE North 59 degrees 13 minutes 53 seconds East for a distance of 427.50 feet to a Point on the centerline of the Alcovy River; THENCE leaving said Land Lot Line and traveling along the centerline of Alcovy River the following nine (9) courses and distances, South 36 degrees 23 minutes 26 seconds East for a distance of 12.81 feet to a Point; THENCE South 42 degrees 46 minutes 48 seconds East for a distance of 35.58 feet to a Point; THENCE South 46 degrees 56 minutes 25 seconds East for a distance of 72.43 feet to a Point; THENCE South 47 degrees 54 minutes 30 seconds East for a distance of 69.47 feet to a Point; THENCE South 57 degrees 14 minutes 30 seconds East for a distance of 74.27 feet to a Point; THENCE South 53 degrees 42 minutes 59 seconds East for a distance of 57.24 feet to a Point; THENCE South 42 degrees 33 minutes 41 seconds East for a distance of 92.94 feet to a Point; THENCE South 59 degrees 34 minutes 03 seconds East for a distance of 135.53 feet to a Point; THENCE South 62 degrees 31 minutes 07 seconds East for a distance of 20.33 feet to a Point; THENCE leaving said River, South 57 degrees 28 minutes 40 seconds West for a distance of 686.08 feet to a ½” Open Top Pipe
Found; THENCE South 57 degrees 31 minutes 41 seconds West for a distance of 836.84 feet to a 5/8” Rebar Found; THENCE South 57 degrees 54 minutes 29 seconds West for a distance of 210.41 feet to a Point; THENCE South 57 degrees 33 minutes 02 seconds West for a distance of 369.31 feet to an Iron Pin Set on the aforesaid Right‐of‐Way of Cedars Road; THENCE traveling along said Right‐of‐Way the following ten (10) courses and distances along a curve to the right having a radius of 341.97 feet and arc length of 74.83 feet being subtended by a chord of North 12 degrees 42 minutes 25 seconds West for a distance of 74.68 feet to a Point; THENCE North 06 degrees 20 minutes 26 seconds West for a distance of 125.51 feet to a Point; THENCE along a curve to the left having a radius of 755.55 feet and arc length of 180.39 feet being subtended by a chord of North 13 degrees 10 minutes 50 seconds West for a distance of 179.96 feet to a Point; THENCE North 21 degrees 35minutes 52 seconds West for a distance of 76.57 feet to a Point; THENCE North 23 degrees 35 minutes 31 seconds West for a distance of 84.42 feet to a Point; THENCE along a curve to the left having a radius of 1567.89 feet and arc length of 86.58 feet being subtended by a chord of North 25 degrees 05 minutes 07 seconds West for a distance of 86.57 feet to a Point; THENCE along a curve to the left having a radius of 1567.89 feet and arc length of 241.36 feet being subtended by a chord of North 31 degrees 04 minutes 39 seconds West for a distance of 241.12 feet to a Point; THENCE North 35 degrees 29 minutes 15 seconds West for a distance of 54.06 feet to a Point; THENCE North 35 degrees 29 minutes 15 seconds West for a distance of 49.02 feet to a Point; THENCE along a curve to the right having a radius of 960.00 feet and arc length of 216.61 feet being subtended by a chord of North 29 degrees 01 minutes 24 seconds West for a distance of 216.15 feet to an Iron Pin Set; THENCE North 41 degrees 38 minutes 37 seconds East for a distance of 15.45 feet to a ½” Rebar Found; THENCE leaving said Right‐of‐Way, North 41 degrees 38 minutes 37 seconds East for a distance of 384.61 feet to a ½” Rebar Found, THENCE North 43 degrees 54 minutes 28 seconds East for a distance of 104.76 feet to a Point; THENCE North 28 degrees 54 minutes 18 seconds West for a distance of 142.02 feet to a point, said Point being THE POINT OF BEGINNING.
Said property contains 38.205 Acres.
g:\legals\2020\20106 - cedars & winder hwy\overall.docx
CEDARS ROAD
80' RIGHT-O
F-WAY
ASPHALT PAVING
D.B. 642, PG. 111
APPROXIMATE LOCATIONOF PERMANENT
CONSTRUCTION EASEMENTD.B. 29147, PG. 162
20' WATER/SEW
ER EASEMENT
D.B. 39528, PG. 181
D.B. 39865, PG. 163
N/F5210 007
CEDARS & 29 CENTER, LLCD.B. 44844, PG. 139
N/F5210 006
MICHAEL EARL RHYNESD.B. 54383, PG. 247
N/F5239 032
JUDY Y Y CHENGD.B. 6217, PG.281P.B. 45, PG. 291
N/F5239 030
YANNICK EARLE-DRUED.B. 56041, PG. 775
P.B. 46, PG. 252
N/F5239 003
SONY PARTNERS, LLCD.B. 56393, PG. 253
N/F5238 016
AMANDA C. & EDWIN T.MCGEE
D.B. 16352, PG. 271P.B. 3, PG. 32
N/F5238 010
SAUL GONZALEZD.B. 35882, PG. 195
P.B. 52, PG. 91A
N/F5239 009
ASHER BENATORD.B. 49189, PG. 274
THE SPRINGS AT ROCKHOUSEPHASE 2BLOCK B
P.B. 140, PG. 143
THE SPRINGS AT ROCKHOUSEPHASE 1
P.B. 126, PG. 80
STONEVIEW MANOROPEN SPACE
P.B. 117, PG. 68
STONEVIEW MANOR
OPEN SPACE
N/F5238 461
50' PUBLIC ACCESS
GREENWAY EASEMENT
P.B. 126, PG. 80
STONEVIEW MANORP.B. 117, PG. 68
LOCK KEY DRIVE
44' RIGHT-OF-WAYP.B. 117, PG. 68
BRAN
CH
BRAN
CH
BRAN
CH
RIVER
WATER BOUNDARY ISSUBJECT TO CHANGE DUE TONATURAL CAUSES AND THAT ITMAY OR MAY NOT REPRESENTTHE ACTUAL LOCATION OFTHE LIMIT OF TITLE.
NOT INSERVICE
R/W
R/WC.L.
R/WAPPROXIMATE FORCE
MAIN LOCATION
APPROXIMATE FORCEMAIN LOCATION
APPROXIMATE FORCEMAIN LOCATION
ROCKOUTCROP
R/WB.O.C.C.L.
B.O.C.
C.L.
B.O.C.B.O.C.
C.L.
C.L.
WINDER HIGHWAY
(AK.A. U.S. HIGHWAY NO. 29)
(A.K.A. STATE ROUTE NO. 8)
RIGHT-OF-WAY VARIES
ASPHALT PAVING
30" C&G
30" C&G
BRAN
CH
DRIVE WAY FOR
GAS STATION
L I N E T A B L ELINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
LENGTH
118.79'
12.81'
35.58'
72.43'
69.47'
74.27'
57.24'
92.94'
135.53'
20.33'
125.51'
76.57'
84.42'
54.06'
49.02'
384.61'
104.76'
161.41'
268.25'
295.00'
262.82'
401.25'
50.12'
307.63'
BEARING
N70°12'37"E
S36°23'26"E
S42°46'48"E
S46°56'25"E
S47°54'30"E
S57°14'30"E
S53°42'59"E
S42°33'41"E
S59°34'03"E
S62°31'07"E
N06°20'26"W
N21°35'52"W
N23°35'31"W
N35°29'15"W
N35°29'15"W
N41°38'37"E
N43°54'28"E
N28°54'18"W
S59°10'13"W
N30°49'47"W
N59°10'13"E
S28°52'11"E
N61°11'59"E
S28°54'25"E
C U R V E T A B L ECURVE
C1
C2
C3
C4
C5
C6
C7
LENGTH
100.47'
149.49'
74.83'
180.39'
86.58'
241.36'
216.61'
RADIUS
2770.78'
2770.78'
341.97'
755.55'
1567.89'
1567.89'
960.00'
CHORD
100.47'
149.47'
74.68'
179.96'
86.57'
241.12'
216.15'
BEARING
N66°01'28"E
N68°42'06"E
N12°42'25"W
N13°10'50"W
N25°05'07"W
N31°04'39"W
N29°01'24"W
R/W
RIVERAPPROXIMATE FEMA
100-YEAR FLOOD HAZARD AREA
APPROXIMATE FEMA100-YEAR FLOOD HAZARD AREA
S36°49'54"E109.59'(TIE)
N54°04'06"W179.45'
(TIE)
WETLANDSDELINEATEDBY OTHERS
WETLANDSDELINEATEDBY OTHERS
NO RECORD OFEASEMENT
FOUND
NO RECORD OFEASEMENT
FOUND
P.O.C.INTERSECTION OF THESOUTHEASTERLY R/W OFWINDER HIGHWAY AND THENORTHERLY END OF THEMITERED R/W OF CEDARSROAD.
L=169.30'R=901.85'
CH=169.05'N46°40'23"E
L=176.98'R=901.85'
CH=176.70'N57°40'22"E 142.02'
R/W
OLD ATHENS
ROAD
19.39'
N70°32'16"E101.23'(TIE)
S57°28'40"W
686.08'
S57°31'41"W
836.84'
S57°54'29"W210.41'
S57°33'02"W
369.31'
C3
L11
C4
L12
L13C5
L15
C7
L16
L17
N59°13'36"E
322.24'
N59°14'25"E
186.16'
N59°13'53"E
427.50'
L2L3
L4
L5
L6
L7
L8L9
L10
C6
L14
L18
C1
C2
L1
S28°47'39"E
545.68'
20' INGRESS/EGRESSEASEMENTP.B. 48, PG. 278
150
149
148
147
146
145
144
143
142
141
140
139
138
137
136
81
135
134
133
132
131
130
129
123
124
125
126
127
128
122
121
120
119
118
117
116
109
110
111
112
113
114
115
108
107
106
105
104
103
102
101
100
99
98
97
83
84
85
86
87
88
89
9091
9293
9495
96
80
79
78
82
12
34
56
7
910
1112
13
181920
2221
2425
2627
2829
3031
3233
3435
3637
38
4241
4039
7675
7473
7271
14
4344
45
46
58596061
70
4748
4950
5152
53
54
555657
8
1523
77
6968
6766
6564
6362
1617
151
7200 SF
7200 SF
7200 SF
7200 SF
7200 SF
6233 SF
5000 SF
6250 SF
6250 SF6289 SF
5829 SF
6250 SF
5608 SF
5008 SF
5213 SF
5830 SF
6316 SF
9972 SF
9990 SF
8811 SF
9685 SF
18,783 SF
13,781 SF
9600 SF
9600 SF
9520 SF
9600 SF
9600 SF
8354 SF
12,136 SF
8389 SF
8819 SF
7569 SF
7558 SF
7372 SF
7423 SF
7375 SF
7614 SF
7669 SF
7804 SF
9298 SF
8325 SF
7644 SF
7644 SF
7185 SF
6500 SF
5200 SF
5200 SF
5200 SF
6428 SF
7529 SF
7200 SF
8403 SF
7751 SF
6201 SF
6201 SF
6201 SF
6201 SF6201 SF
7751 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
6233 SF
5000 SF
5000 SF
5000 SF
5000 SF
5000 SF
7883 SF
12,676 SF
17,959 SF
7699 SF
L I N E T A B L ELINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
LENGTH
118.79'
12.81'
35.58'
72.43'
69.47'
74.27'
57.24'
92.94'
135.53'
20.33'
125.51'
76.57'
84.42'
54.06'
49.02'
384.61'
104.76'
161.41'
268.25'
295.00'
262.82'
401.25'
50.12'
307.63'
BEARING
N70°12'37"E
S36°23'26"E
S42°46'48"E
S46°56'25"E
S47°54'30"E
S57°14'30"E
S53°42'59"E
S42°33'41"E
S59°34'03"E
S62°31'07"E
N06°20'26"W
N21°35'52"W
N23°35'31"W
N35°29'15"W
N35°29'15"W
N41°38'37"E
N43°54'28"E
N28°54'18"W
S59°10'13"W
N30°49'47"W
N59°10'13"E
S28°52'11"E
N61°11'59"E
S28°54'25"E
C U R V E T A B L ECURVE
C1
C2
C3
C4
C5
C6
C7
LENGTH
100.47'
149.49'
74.83'
180.39'
86.58'
241.36'
216.61'
RADIUS
2770.78'
2770.78'
341.97'
755.55'
1567.89'
1567.89'
960.00'
CHORD
100.47'
149.47'
74.68'
179.96'
86.57'
241.12'
216.15'
BEARING
N66°01'28"E
N68°42'06"E
N12°42'25"W
N13°10'50"W
N25°05'07"W
N31°04'39"W
N29°01'24"W
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NOTES
OWNER / DEVELOPERBUILDERS PROFESSIONALGROUP
160 WHITNEY STREETFAYETTEVILLE, GA 30214
CONTACT: DOUG RANSOMPHONE:404-859-7887
EMAIL: [email protected]
ENGINEERPRECISION PLANNING, INC.
400 PIKE BOULEVARDLAWRENCEVILLE, GA 30046
CONTACT: TODD PARKERPHONE: 770-338-8000
EMAIL: [email protected]
R20-106
1 OF 2
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OWNER / DEVELOPERBUILDERS PROFESSIONALGROUP
160 WHITNEY STREETFAYETTEVILLE, GA 30214
CONTACT: DOUG RANSOMPHONE:404-859-7887
EMAIL: [email protected]
ENGINEERPRECISION PLANNING, INC.
400 PIKE BOULEVARDLAWRENCEVILLE, GA 30046
CONTACT: TODD PARKERPHONE: 770-338-8000
EMAIL: [email protected]
R20-106
2 OF 2
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12/08/2020
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AL L
OT
LAYO
UTS
3’WATERTABLE
3’WATERTABLE
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3”WATERTABLE
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
WINCHESTER II
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
3’WATERTABLE
BRICK COLOR WILL BE THE SAME AS FRONT ELEVATION
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021CIC2021-00005
RECEIVED BY PLANNING & DEVELOPMENTJANUARY 20, 2021CIC2021-00005
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021 CIC2021-00005
ROCHESTER
ELEVATIO 1 ELEVATION 4 ELEVATIO 2 ELEVATION 6 ELEVATION 3 ELEVATIO S
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021 CIC2021-00005
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021CIC2021-00005
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021 CIC2021-00005
RECEIVED BY PLANNING & DEVELOPMENT JANUARY 20, 2021 CIC2021-00005
Cedars Product Description:
1. All products featured proposed front building materials to be Cementous (ie hardi plank) siding,
hardi shake or board and batten accents, and brick or stone accents as shown on renderings.
Soffits and fascia shall be low-maintenance vinyl. Side and rears will be hardi plank lap siding
with colors to match the fronts.
2. The height of the Rochester and Winchester plans are 30’ 8 - 1/4” to the ridge height. The
height of the Landon 1 and Landon 2 plans are 41’ 10” to the ridge height.
RECEIVED BY PLANNING & DEVELOPMENTJANUARY 20, 2021CIC2021-00005
Andersen, Tate & Carr, P.C. ▪ One Sugarloaf Centre ▪ Suite 4000 ▪ 1960 Satellite Boulevard ▪ Duluth GA 30097 ▪ www.atclawfirm.com
Melody A. Glouton Telephone: 770.822.0900 Email: [email protected] Direct Dial: 770.339.0475 Direct Fax: 770.236.9719
February 5, 2021
VIA HAND DELIVERY Gwinnett County Planning and Development c/o Susan Canon, Director of Planning and Development 446 West Crogan Street Lawrenceville, GA 30046-2440 RE: Revised LETTER OF INTENT FOR CHANGE IN CONDITIONS APPLICATION
OF DRB GROUP GEORGIA, LLC (1545 & 1575 Cedars Road, Lawrenceville)
Dear Director and Staff:
Andersen Tate & Carr, P.C. submits this Revised Letter of Intent and attached Change in
Conditions Application on behalf of DRB Group Georgia, LLC (the “Applicant”) for the purpose
of requesting a Change in Conditions with regard to property located at 1545 and 1575 Brooks
Road, Dacula (the “Property”). The Property is currently zoned TND pursuant to RZR2019-
00025 and is designated as within the “Emerging Suburban” character area on the Gwinnett
County 2040 Unified Plan Future Development Map.
The Applicant requests to modify the Conditions 1(B) and 1(E) of RZR2019-00025 as
follows (additions in bold and underline; deletions in strikethrough):
Condition 1(B):
The minimum heated floor area per dwelling shall be as follows: i. Townhomes: 1,500 1,800 square feet
Condition 1(E):
All dwellings shall have a minimum one two-car garage. Alleys and rear entry garages shall be constructed as shown on the submitted site plan, and shall be a maximum width of 16 feet with no curb or roll-back curb only. No utility easements shall be allowed within any alley, excluding sanitary sewer and stormwater. One access point from a public right-of-way or a private street to the alley shall be required for every eight homes served by the alley. Final layout shall be subject to the review and approval by the Director of Planning and Development.
The Applicant submits that approval of the Change in Conditions application would
allow the development of a high-quality single-family community on the Property by removing
certain specific, development-related zoning conditions which frustrate the development of the
Property. Specifically, the Applicant is requesting to modify the minimum square footage for the
townhome units in order to bring them in line with the market conditions and the development in
the surrounding area. The proposed development is in line with the spirit and intent of the
current zoning and retains many of the community features of the previously approved site plan.
More importantly, approval of the application would not increase the density of the development.
Rather, the requested change in conditions would allow for a more cohesive development and
will bring the zoning conditions in line with market demand, community housing needs, and on-
site physical development considerations. Rather, the change in conditions is necessary due to
the physical limitations of the property and the implications on the development of the site. All
remaining conditions of RZR2019-00025 shall remain unchanged.
In summary, the requested Change in Conditions are necessary to afford the Applicant
relief so that the Property may be developed in accordance with the intent of the site plan which
is attached hereto and included herein. Due to the size, existing layout, and topography of the
Property, strict adherence to the requirements of the Zoning Resolution is not possible in this
matter. Further, granting the Change in Conditions would not adversely affect the existing use or
usability of adjacent property.
The Applicant and its representatives welcome the opportunity to meet with staff of the
Gwinnett County Department of Planning & Development to answer any questions or to address
any concerns relating to the matters set forth in this letter or in the Change in Conditions
Application filed herewith. The Applicant respectfully requests your approval of this
Application.
Respectfully submitted this 5th day of February, 2021.
ANDERSEN TATE & CARR, P.C.
Melody A. Glouton
Melody A. Glouton, Esq. Attorneys for Applicant
Andersen, Tate & Carr, P.C. ▪ One Sugarloaf Centre ▪ Suite 4000 ▪ 1960 Satellite Boulevard ▪ Duluth GA 30097 ▪ www.atclawfirm.com
Melody A. Glouton Telephone: 770.822.0900 Email: [email protected] Direct Dial: 770.339.0475 Direct Fax: 770.236.9719
February 5, 2021
VIA HAND DELIVERY
Gwinnett County Attn: Susan Canon, Director of Planning and Development 446 West Crogan Street Lawrenceville, Ga 30046
RE: JUSTIFICATION FOR CHANGE IN CONDITIONS FOR
DRB GROUP GEORGIA, LLC
(1545 and 1575 Cedars Road, Lawrenceville)
Dear Chairman and Commissioners: This letter is written on behalf of DRB Group Georgia, LLC (the “Applicant”), in connection with the Change in Conditions for property located at 1545 and 1575 Cedars Road, Lawrenceville, (the “Subject Property”). Constitutional Objections
The portions of the Gwinnett County Unified Development Ordinance, as amended, (the “UDO”) which classify or may classify the Subject Property which is the subject of the rezoning application into any more or less intensive zoning classification, development and/or conditions other than as requested by the Applicant are, and 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, 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 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, Article I, Section I, Paragraphs I and 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 any economically viable use of the Subject Property while not substantially advancing legitimate state interests. Under Lathrop v. Deal, the application of the UDO in a way that constitutes a taking shall be deemed a waiver of sovereign immunity.1
1 Lathrop v. Deal, 301 Ga 408, 880-881 S.E. 2d 867 (2017)
The Subject Property is presently suitable for development with the requested Change in
Conditions as requested by the Applicant and is not economically suitable for development under its present zoning classification with conditions. A denial of the requested Change in Conditions 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, Paragraphs I and 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.
A refusal by the Gwinnett County Board of Commissioners to approve the Change in
Conditions by the Applicant 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.
Any approval in the Change of Conditions of the Subject Property, subject to conditions
which are different from the requested 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 utilization of the Subject Property, would also constitute an arbitrary, capricious and discriminatory act in zoning the Subject Property to an unconstitutional classification and would likewise violate each of the provisions of the State and Federal Constitutions as set forth hereinabove.
Accordingly, the Applicant respectfully requests that the Change in Conditions application
submitted by the Applicant relative to the Subject Property be granted and that the Subject Property be approved for the Change in Conditions as shown on the respective application.
Respectfully, ANDERSEN, TATE & CARR, P.C.
Melody A. Glouton
Melody A. Glouton
MAG/ag
