12645 Birmingham Hwy - Gwinnett County

Gwinnett County Planning Division Change in Conditions Application

Last Updated 2/2014

CHANGE IN CONDITIONS APPLICATION

APPLICANT INFORMATION OWNER INFORMATION*

NAME: Owner c/o Mahaffey Pickens Tucker, LLP NAME: Grayson Development, LLC

ADDRESS: 1550 North Brown Road, Suite 125 ADDREss: 12645 Birmingham Hwy

CITY: Lawrenceville ciTY: Alpharetta

STATE: Georgia ZIP: 30043 STATE: Georgia ZIP: 30004

PHONE: 770.232.0000

PHONE: 770 232 0000

CONTACT PERSON: Shane Lanham PHONE: 770.232.0000

coNTAcTs E-MAIL: [email protected]

AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GEORGIA

APPLICANT IS THE:

D OWNER'S AGENT ~ PROPERTY OWNER D CONTRACT PURCHASER

ZONING DISTRICTS(S): C-2 PRIOR ZONING CASE: RZC2015-00008

LAND DISTRICT(S): 5 LAND LOT(S):

164 ACREAGE: +/-21.594

ADDREss oF PROPERTY: Loganville Highway (SR 20) @ Champions Way

PROPOSED CHANGE IN CONDITIONS: Modify Condition 1 (A) to allow a convenience store with fuel pumps

RESIDENTIAL DEVELOPMENT: NON-RESIDENTIAL DEVELOPMENT:

NO. OF LOTS/DWELLING UNITS: NA NO. OF BUILDINGS/LOTS: 1 /1

DWELLING UNIT SIZE (Sq. Ft.): NA TOTAL GROSS SQUARE FEET: +/- 5,632

GROSS DENSITY: NA DENSITY: +/- 260.81 SF per acre

NET DENSITY: NA

2 LiC 119 U 2 2 OCT 0 4 2019

Plannfng&Development

LEGAL DESCRIPTION

All the tract or parcel of land lying and being in Land Lot 164 of the 5th District, Gwinnett County,

Georgia and being more particularly described as follows:

Commence at the Intersection of the Southern End of the Mitered Right-of-Way of Georgia State Route

20 (a.k.a. Loganville Highway, R/W Varies) and the Northwesterly Right-of-Way of Champions Way (R/W

Varies}, said Point being THE POINT OF BEGINNING. THENCE from said Point as thus established and

Traveling the aforesaid Right-of-Way of Champions Way the following two (2) courses and distances, South

30 degrees 06 minutes 35 seconds West for a distance of 510.30 feet to a Point; THENCE along a curve to

the right, having a radius of 998.44 feet and arc length of 595.25 feet, being subtended by a chord of South

47 degrees 46 minutes 58 seconds West for a distance of 586.48 feet to a Point at the Intersection of the

said Right-of-Way and the Land Lot Line common to Land Lots 157 & 164; THENCE leaving said Right-of

Way and traveling along said Land Lot Line, North 29 degrees 39 minutes 08 seconds West for a distance of

1196.85 feet to a Point on at the Intersection of said Land Lot Line and the Southeasterly Right-of-Way of

Hope Hollow Road (R/W Varies); THENCE leaving said Land Lot Line and traveling along said Right-of-Way

of Hope Hollow Road the following twelve (12} courses and distances, North 57 degrees 42 minutes 39

seconds East for a distance of 53.69 feet to a Point; THENCE South 33 degrees 52 minutes 42 seconds East

for a distance of 13.98 feet to a Point; THENCE North 58 degrees 10 minutes 29 seconds East for a distance

of 21.75 feet to a Point; THENCE North 33 degrees 52 minutes 55 seconds West for a distance of 14.25 feet

to a Point; THENCE North 57 degrees 28 minutes 26 seconds East for a distance of 136.35 feet to a Point;

THENCE South 32 degrees 31 minutes 36 seconds East for a distance of 6.45 feet to a Point; THENCE North

57 degrees 27 minutes 49 seconds East for a distance of 11.91 feet to a Point; THENCE North 31 degrees 48

minutes 05 seconds West for a distance of 11.64 feet to a Point; THENCE North 55 degrees 21 minutes 35

seconds East for a distance of 31.50 feet to a Point; THENCE North 55 degrees 21 minutes 41 seconds East

for a distance of 253.39 feet to a Point; THENCE North 52 degrees 37 minutes 31 seconds East for a

distance of 20.97 feet to a Point; THENCE South 89 degrees 26 minutes 30 seconds East for a distance of

72.15 feet to a Point on the aforesaid Southwesterly Right-of-Way of Georgia State Route 20 ; THENCE

continuing along said Right-of-Way the following nine (9) courses and distances, South 59 degrees 52

minutes 35 seconds East for a distance of 51.00 feet to a Point; THENCE South 66 degrees 43 minutes 10

seconds East for a distance of 100.72 feet to a Point; THENCE South 59 degrees 52 minutes 35 seconds East

for a distance of 268.00 feet to a Point; THENCE South 30 degrees 07 minutes 25 seconds West for a

distance of 19.00 feet to a Point; THENCE South 50 degrees 47 minutes 10 seconds East for a distance of

151.91 feet to a Point; THENCE South 67 degrees 33 minutes 54 seconds East for a distance of 201.81 feet

to a Point; THENCE South 77 degrees 37 minutes 17 seconds East for a distance of 52.50 feet to a Point;

THENCE South 59 degrees 52 minutes 35 seconds East for a distance of 41.54 feet to a Point; THENCE

South 15 degrees 39 minutes 02 seconds East for a distance of 84.75 feet to a Point, said Point being THE

POINT OF BEGINNING .

Said property contains 21.594 Acres as shown as Tract Four on the Rezoning Plan Prepared for Proposed

Loganville Highway Commercial Property, prepared by Precision Planning, I , ~ " ber 13, 2014

(Job# S14251}.

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OCT 0 4 2019

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Last Updated 2/2014

CHANGE IN CONDITIONS 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 HEAL TH, 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 CHANGE IN CONDITIONS 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 CHANGE IN CONDITIONS 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 CHANGE IN CONDITIONS HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: Please see attached

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

(E) WHETHER THE PROPOSED CHANGE IN CONDITIONS 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 CHANGE IN CONDITIONS:

Please see attached

ECEIVEDS

CIC 1.19 0 2 2 OCT 0 4 2019

3 Planning&Development

CHANGE IN CONDITIONS APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

(A) Yes, the proposed development will permit a use that is suitable in view of the use and development of adjacent and nearby property. The Property is located along Loganville Highway (State Route 20) at its intersection with Champions Way in the vicinity of commercial and institutional uses.

(B) No, the proposed development will not adversely affect the existing use or usability of any of the nearby properties. Rather the proposed development will complement surrounding uses by providing community-facing convenience, dining, and retail options.

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

(D) No, the proposed development will not result in an excessive or burdensome use of the infrastructure systems. The Property has convenient access to Loganville Highway with access to utilities.

(E) Yes, the proposed development is in conformity with the policy and intent of the Gwinnett County 2040 Comprehensive Plan. The Property is designated as within the Established Neighborhoods Character Area for which the 2040 Plan encourages "corner/neighborhood serving retail or institutional uses." Moreover, the Property is already zoned C-2 and is located at a commercial node with a surrounding mix of land use categories. The Property is located along a major transportation corridor.

(F) The Applicant submits that the subject Property's proximity to non-residential land uses and its location on a major transportation corridor provide additional supporting grounds for approval of this Application.

ECEIVEDBY

OCT 04 2019

lanning&Development

Matthew P. Benson Gerald D avidson, J r.* Brian T. Easley Kelly 0. Faber Christopher D . Holbrook Nicholas N . Kemper Shane M. Lanham Austen T. Mabe

Mahaffey Pickens Tucker, LLP ATTORNEYS AT LAW

LETTER OF INTENT FOR CHANGE IN CONDITIONS APPLICATION

Jeffrey R. Mahaffey Steven A. Pickens Catherine V. Schutz Thomas A. Simpson Andrew D. Stancil R. Lee Tucker, J r .

*Of Counsel

Mahaffey Pickens Tucker, LLP submits this Letter of Intent and attached change in

conditions application (the "Application") on behalf of the property owner, Grayson

Development, LLC (the "Applicant"), for the purpose of requesting a modification of existing

zoning conditions related to an approximately 21.594-acre tract of land (the "Property") located

on Loganville Highway at its intersection with Champions Way. The Property is currently zoned

C-2 pursuant to RZC2015-00008 (the "Current Zoning"). The Applicant is proposing to develop

the Property for use as a convenience store with fuel pumps as shown on the site plan submitted

with the Application (the "Site Plan"). Specifically, the Applicant is requesting to modify

Condition 1 (A) to allow the use of Convenience Store (with fuel pumps).

Approval of the Application would allow the development of a modern, attractive

convenience store with fuel pumps on the Property. The proposed development is in line with

the spirit and intent of the Current Zoning which allowed a wide range of commercial and non-

residential uses with some restrictions. The proposed convenience store will serve as a

community amenity and will provide an easily accessible place near home to refuel and grab

convenience items such as breakfast and coffee on the way to work. The Applicant is proposing

C!C 1l9 U 2 2 ECEIVEDBY

Sugarloaf Office I I 1550 North Brown Road, Suite 125, Lawrenceville, ~~a 90~4~ Q 19 NorthPoint Office 11 11175 Cicero D rive, Suite 100, Alpharetta, Georgia 30022

TELEPHONE 770 232 0000

FACSIMILE 678 518 6880 Plannfng&Development \V\V'vv.mptlawfirm.com

to construct an approximately 5,600 square foot building on the property which would include

both a convenience store as well as a quick service restaurant. The proposed building would

include attractive building materials including brick and/or stone and architectural styles that are

compatible with surrounding uses. The proposed development is in line with the policy and

intent of the 2040 Comprehensive Plan (the "2040 Plan") which classifies the Property as within

the Established Neighborhoods Character Area. The 2040 Plan specifically encourages

"corner/neighborhood serving retail" uses in this character area as "potential development

types."

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 the Application filed herewith. The

Applicant respectfully requests your approval of the Application.

This 4th day of October, 2019.

Respectfully submitted,

MAHAFFEY PICKENS TUCKER, LLP

ECEIVEDB

OCT 0 4 2019

Plannfng&Developmen


Last Updated 2/20 14

CHANGE IN CONDITIONS APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

Shane M. Lanham, Attorney for the Applicant Type or Print Name and Title

Date

ECEIVEDB .

CIC '1, 2 2 OCT 0 4 2019

4 Plannlng&Development


Last Updated 2/2014

CHANGE IN CONDITIONS APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

Signature of Applicant

Type or Print Name and Title

Signature o( Notary Public Signature of Notary Public

4

AM Y STRAHAN Nota ry Public, (i~orgia

F4.1 lton Coul'ltl( My Comn1itJ!o" ~xplrn

Janu-ar 17, 2023

Notary Seal Date Notary Seal

ECEIVEDBY

OCT 0 4 2019

Planning&Developmen


Last Updated 2/2014

CHANGE IN CONDITIONS PROPERTY OWNER'S CERTIFICATION

THE UNDERSIGNED BELOW, ORAS 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


AMY STRAHAN Notary Pub l ic . Geo rg iu

Ful ton County My Comm ission Expi res

Ja n ua r 1

Signature o

ECEIVED

OCT 0 4 2019 5

lanning&Devefopmen


Last Updated 2/2014

CONFLICT OF INTEREST CERTIFICATION FOR CHANGE IN CONDITIONS

The undersigned below, making application for a change in conditions, has complied with the Official Code of Georgia Section 36-67 A-1, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided.

Signature of Applicant Date Type of Print Name and Title

Shane M. Lanham, Attorney for the Applicant

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS

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?

§]YES 0No Mahaffey Pickens Tucker, LLP Your Name

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

, ·NAME AND OFFICAL POSITION OF

GOVERNMENT OFFl.CIA

·· CONTRIBUTIONS (List all which aggregate

to $250 or More)

c~c '19 o 2 c

DATE CONrJ"RIBtJTION . · WAS MADE

(Within last two.years)

OCT 0 4 2019

6 lannlng&Development

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

MAHAFFEY PICKENS TUCKER LLP - ·-·-···· -·---·-·- -- . ·- -- -- -- L -· -- ·---·

NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL

None CONTRIBUTIONS

JEFF MAHAFFEY ~-··----.......... ··----·---......~. ;.,._,_ .........__.._. "'··-- - """""-"··


Clint Dixon CONTRIBUTIONS

$1500

DATE

DATE

06/26/2019

r······--··---··~---·-·-····-·· ·--·-·~-~. --···-·-··· -···-····---~--1E E t uc KER-------------~. ----~ ----~-~------~- -----:-:


Clint Dixon CONTRIBUTIONS

$1000 DATE

06/26/2019

ECEIVEDB

OCT 0 4 2019

lanning&Developmen

Updated 10/02/2019


Last Updated 2/2014

CONFLICT OF INTEREST CERTIFICATION FOR CHANGE IN CONDITIONS

igned below, making application for a change in conditions, has complied with the Official eorgia Section 36-67 A- I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or he require 'mormation on the forms provided.

Signature of Applicant

Signature of Applicant's Attorney or Representative

Signature of Notary Public

Date

Shane M. Lanham, Attorney for the Applicant


Notary Seal

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS

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 Your Name

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

·NAME 'AND ·oi=FICAL ~. POSITION OF ·~ ' .' :

· (:iQ.VE~NME.NT qF.~l~V~.

CONTRIBUTIONS ·.· ·. DAT:E CONTRIBUTION (List"~" 'whtch':~ggregate · ·- WAS MADE t" · ·· · . ·

.~o ~~5.0 :·or More) ·', · . 1

(V,VitH~~- 1~t.tw~··ye~r.~)

Attach additional sheets if necessary to disclose or describe aJI contributions. ECEIVEDB

6 OCT 0 4 2019

Plannlng&Development


Last Updated 2/2014

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR CHANGE IN CONDITIONS

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 l.D. NUMBER: 5 164 008 (Map Ref District Land Lot Parcel

plicant

. 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)

C)v.W' 8w_i ~ IS A- 7T NAME TITLE

10 -v- 12 DATE

ECEIVEDBY

OCT 0 4 2019 7

Pfannfng&Devefopment

JUSTIFICATION FOR CHANGE IN CONDITIONS APPLICATION

The portions of the Gwinnett County Unified Development 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 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 classifications and conditions, is unconstitutional, illegal, null and void, constituting

a taking of the Applicant/Owner's property in violation of the Just Compensation Clause of the Fifth

Amendment and the Due Process Clause of the Fourteenth Amendment to the Constitution of the

United States, 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 C-2 zoning classification with

the change in conditions as requested by the Applicant, and is not economically suitable for

development under the present C-2 zoning classification and conditions 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 Article I, Section I, Paragraph II of the Constitution

of the State of Georgia of 1983, and the Due Process Clause of the Fourte · nt to the

OCT 0 4 2019

Planning&Developmen

Constitution of the United States.

A refusal by the Gwinnett County Board of Commissioners to rezone the Property to the C-

2 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 C-2 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 October, 2019

"~C 't 9 0 2 2

ECEIVEDBY

OCT 0 4 2019

Planning&Developmen

Documents

12645 Birmingham Hwy - Gwinnett County