New RECEIVED BY · 2018. 3. 1. · Thence along a curve to the left having an arc length of384.21 feet, with a radius of647.96 feet, being subtended by a chord bearing of North 68

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

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

APPLICANT INFORMATION OWNER INFORMATION* Fuqua Acquisitions II, LLC c/o Mahaffey

NAME: WB Holdings-Gwinnett, LLC NAME: Pickens Tucker, LLP

ADDRESS: 1550 North Brown Road, Suite 125 ADDRESS: 12650 Crabapple Road, Suite 200

CITY: Lawrenceville CITY: Milton

sTATE: Georgia ZIP: 30043 sTATE: Georgia ZIP: 30004

PHONE: 770.232.0000 PHONE: 770.232.0000

CONTACT PERSON: Shane Lanham PHONE: 770.232.0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

D OWNER'S AGENT D PROPERTY OWNER ~CONTRACT PURCHASER

C-2, 0-1, &

REQUESTED ZONING DISTRICT: MU-R PRESENT ZONING DISTRICTS(S): RA-200

LAND DISTRICT(S): 7 LAND LOT(S): 145 & 146 ACREAGE: +/- 64.156

ADDREss oF PROPERTY: Buford Drive & 1-85

PRoPosED DEVELOPMENT: Regional Mixed-Use Development

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

N f B .1d. /L t 21 buildings o. o u1 mgs o s: -------

+/-500 No. of Lots/Dwelling Units ------

800+ square feet

T I B .1d. s F +/-880,585 square feet

Dwelling Unit Size (Sq. Ft.): average ota u1 mg q. t. --------

G D . +I- 7. 79 units per acre D . +I- 13,726 square feet per acre

ross ens1ty: ens1ty: -----------

N D . +I- 7. 79 units per acre

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

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

RZC '18 014 2

RECEIVED BY JUN 2 7 2018

Planning & Deve\opmen

All that tract or parcel of land lying and being in Land Lot 146 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows:

BEGINNING at a concrete monument found at the intersection of the Easterly right-of-way line of Georgia Highway 20, a.k.a. Buford Drive (variable right-of-way) and the Southerly right-of-way line of the entrance ramp for U.S. Interstate 85 (variable right-of-way), said point being the TRUE POINT OF BEGINNING; Thence along said Southerly right-of-way line of U.S. Interstate 85 North 60 degrees 50 minutes 4 7 seconds East, a distance of 103.64 feet to a point; Thence North 85 degrees 32 minutes 39 seconds East, a distance of 392.66 feet to a point; Thence along a curve to the left having an arc length of384.21 feet, with a radius of647.96 feet, being subtended by a chord bearing of North 68 degrees 33 minutes 25 seconds East, for a distance of 3 78.61 feet to a 5/8-inch rebar set; Thence North 57 degrees 03 minutes 23 seconds East, a distance of 655.98 feet to a 5/8 -inch rebar set; Thence along a curve to the right having an arc length of 496.50 feet, with a radius of 992.70 feet, being subtended by a chord bearing of North 71 degrees 23 minutes 08 seconds East, for a distance of 491.34 feet to a point; Thence

-----Norrn-s-5ctegrees zt2 minutes ztS secon~t, a cltstance orl0t~11----reetto a St8-1ncn reoba=r:---os:-=er-:-t; _____ _ Thence departing said right-of-way line and following along the Land Lot Line common to Land Lots 145 and 146 South 30 degrees 11 minutes 34 seconds East, a distance of961.60 feet to a 5/8-inch rebar set; Thence South 60 degrees 06 minutes 30 seconds West, a distance of2707.18 feet to a concrete monument found at the intersection of the Easterly right-of-way line of Georgia Highway 20, a.k.a. Buford Drive (variable right-of-way); Thence along said right-of-way line North 11 degrees 37 minutes 26 seconds West, a distance of 494 .51 feet to a 5/8-inch rebar set; Thence North 11 degrees 44 minutes 42 seconds West, a distance of250.01 feet to a 5/8-inch rebar set; Thence North 02 degrees 3 8 minutes 16 seconds West, a distance of 252.44 feet to a concrete monument found; Thence North 03 degrees 44 minutes 40 seconds West, a distance of 155.50 feet to a 5/8 -inch rebar set; Thence North 15 degrees 32 minutes 57 seconds East, a distance of 314.81 feet to a concrete monument found, said point being the TRUE POINT OF BEGINNING.

Said tract of land contains 64.156 Acres.


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MU-R {Regional Mixed-Use District) GROSS ACREAGE= 64.156 acres-2.794.650 s.f.

NET ACREAGE= 64.156 acres-2.794.650 s.f.

TOTAL BUILDING AREA = 880.585 s.f. F.A.R. =0. 315

COMMON AREA=16.82 ac.-26.2%

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SP-37

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

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 e -F-'fH-E-l:J-5-E--A-N-B-E>-EVE-tePM-EN-=r-e-F---AE>jA-EE-N-=r----fod"-J-B-N-EA-R-B-Y---P-R-e-PER-r

Please see attached

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

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

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

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

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

Please see attached

3 JUN 2 7 2018

Planning & Development

REZONING & SPECIAL USE PERMIT 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 proposed development is adjacent to land zoned for commercial and multifamily residential uses and is compatible with sunounding and nearby land 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 would complement existing commercial, residential, and employment centers.

(C) In light of the size, location, layout, topography, and natural features of the property and also in light of the nature of sunounding development, the Applicant submits that the subject Property does not have reasonable economic use as cunently zoned.

(D) No, the proposed development will not result in an excessive or burdensome use of the infrastructure systems. The proposed development would have convenient access to Buford Drive, Mall of Georgia Boulevard, and Rock Springs Road as well as Interstates 85 and 985.

(E) Yes, the proposed development is in conformity with the policy and intent of the Gwinnett County 2030 Unified Plan. Mixed-use developments are specifically encouraged in the Regional Mixed-Use Character Area.

(F) Applicant submits that the character of surrounding development and the fact that the subject property is adjacent to Interstate 85 provide additional supporting grounds for approval of the proposed development.

RECE\VEDBY JUN 2 7 2018

Planning & 0 ve\opmen1

Matthew P. Benson Gerald Davidson, Jr.* BrianT. Easley Kelly 0. Faber Mary Grace Griffin Christopher D. Holbrook Nicholas N . Kemper Shane M. Lanham

. ~ • • T

Mahaffey Pickens Tucker, LLP j ---------------------- ·1.

ATTORNEYS AT LAW . : .. ~ - ,. .. . -·--...-... ~

LETTER OF INTENT FOR REZONING & SPECIAL USE PERMIT APPLICATIONS OF

FUQUA ACQUISITIONS II, LLC

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

*Of Counsel

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

_____ __,s"'"!'p"--"e'-=c"'""'ia""-l -=u""-se""--cpern1it applications (the "Applications") on behalf of Fuqua Acquisitions II , LLC (""""th""'-"e'---------

"Applicant") to allow the development of an approximately 64.156 acre property located at the

intersection of Buford Drive (State Route 20) and Interstate 85 (the "Property") as a regional

n1ixed-use develop1nent. The Property has direct access to Buford Drive with frontage on

Interstate 85. The Property is currently zoned C-2, 0-I, and RA-200 (the "Current zoning").

The Property is located within the Mall of Georgia Activity Center/Corridor Overlay

Distract and the Regional Mixed-Use Character Area. The Applicant is proposing to rezone the

Property from the Current Zoning to the Regional Mixed Use (MU-R) zoning classification of

the Gwinnett County Unified Developn1ent Ordinance (the "UDO") in order to accommodate the

developtnent of the Property for a mix of uses including commercial, entertainment, and

residential components . Currently, potential commercial uses include a fitness center, hotel , and

various other retail/commercial uses included within a grouping of smaller approximately 8,000

square foot shop buildings as well as larger buildings currently designated as containing

approxi1nately between 50,000 and 60,000 square feet. The proposed development also includes

a large indoor/outdoor entertaimnent use on the northerly side of the Property adjacent to

Interstate 85. Accordingly, the Applicant is also requesting a special use permit for the use of

Recreation and Entertainment Facility, Outdoor on the Property to allow a golf entertainment

c01nplex and driving range with a full-service restaurant and bar. Overall , the proposed

developn1ent would include approximately 400,000 square feet of non-residential development

in addition to approximately 500 units of multifmnily dwellings.

The proposed developn1ent is consistent with the policy goals set forth in the Gwinnett

County 2030 Unified Plan (the "2030 Plan"). The Property is located in the Regional Mixed-Use

Character Area for which the 2030 Plan recommends "the County's most intense concentration

and mix of c01nmercial, employment, and residential developtnents." More <D Pl.re e) l · y . specifically provides that the preferred location for mixed-use development is "at t e Intersection

of arterial roadways" such as Buford Drive and Interstate 85. JUN 2 7 2018

Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgflj~04ri • n & Development NorthPoint Office II 11175 Cicero Drive, Suite 100, Alpharetta, Georgia 3fo~O I Q

TELEPHONE 770 232 0000

FACSIMILE 678 518 6880

www.mptlawfirm.com

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 fm1h in this letter or in the Applications filed herewith.

The Applicant respectfully requests your approval of this Application.

This 22nd day of June, 2018.

Respectfully Submitted,

PICKENS TUCKER, LLP



RZC '18 01. L~


REZONING APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF 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 TH E BOARD OF COMMISSIONERS.

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

Date

4

RZC j18 01 4


P/annina & Oevelonment


REZON ING PROPERTY OWNER'S CERTIFICATION

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

Signature of Property Owner

5

Date

Notary Seal

JUUE ANN HANS NOTARY PUBUC

fUlTON COUNTY, GEORGIA MY COMMISSION EXPIRES SEPTEMBER 18. 2018

RZC '18 014 RECEIVED BY

JUN 2 7 2018


Gwinnett County Planning D ivision Rezoning Application Last Updated 2/20 14

CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezon ing, 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 t he requ ired informat ion on the forms provided.

SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND T ITLE

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

~ YEs D No Mahaffey Pickens Tucker, LLP YOUR NAME

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

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION

POSITION OF GOVERNMENT

(List all which aggregate WAS MADE

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

See attached.

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

6

R CEIVE B JUN 2 7 2018

P/anninn R. n ,,,:)lnl"\m n4

RZC '18 014

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

RZC '18 01 : "' l/


Planning & Oevelopmen

Updated 03/01/2018


VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZON ING

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 -----rAX-I!ARC-EL-lNC-LUD-ED-U~-~.1-T'-~-E-R-EZ-ONJN-G-R-EQ-U-ESl"--.--------------

PARCEL I.D. NUMBER: (Map Reference Number)

a Signature of Applicant

7 146 District Land Lot


TAX COMMISSIONERS USE ONLY

0048 Parcel

(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW)

NAME TITLE

t/?2( ~~ 1

DATE

RECEIVE JUN 2 7 2018

7

Planning & DevelopmenT RZC' 01. 1,


VERIF ICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL GWINNETT COUNTY PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.

* Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH -----IAX--J!ARCEU-f~-CLUD-ED-1-bl-"t-~-E-R-EZObl-1-biG-R-EQU-E-Sr.,-------------

PARCEL I.D. NUMBER: (Map Reference Number)

~plica~t 7 146

District Land Lot


TAX COMMISSIONERS USE ONLY

004 Parcel

(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIGNATURE BELOW)

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JUSTIFICATION FOR REZONING

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, and/or without the

requested Special Use Permit, as set fmih in the Application, (the "SUP") are or would be

unconstitutional in that they would destroy the Applicant's and the owner's propetiy 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 without the SUP, is unconstitutional, illegal, null and void, constituting

a taking of the Applicant's and the 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 MU-R classification with the

SUP as requested by the Applicant, and is not economically suitable for development under the

present 0 -I, RA-200, and C-2 zoning classifications of Gwinnett County. A denial of this

Application would constitute an arbitrary and capricious act by the Gwinnett County Board of

Commissioners without any rational basis therefore, constituting an abuse of discretion in violation

of Article I, Section I, Paragraph I and 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.

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

MU-R classification and grant the SUP 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 discri1ninate in

an arbitrary, capricious and um·easonable n1anner 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 Amendme

zc '18 014 JUN .2 7 2018


of the United States. Any rezoning of the subject Property to the MU-R classification, or grant of

the SUP, subject to conditions which are different from the conditions by which the Applicant may

amend its application, to the extent such different conditions would have the effect of further

restricting the Applicant's and the Owner's utilization of the subject Property, would also constitute

an arbitrary, capricious and discriminatory act in zoning the Property to an unconstitutional

classification and would likewise violate each of the provisions of the State and Federal

Constitutions set fmih hereinabove.

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

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

classification as shown on the respective application.

1550 North Brown Road, Suite 125 Lawrenceville, Georgia 30043 (770) 232-0000

Respectfully submitted,

Attorneys for Applicant

RZC '18 0 1 LJ

RECEIVED BY JUN ~ 7 2018


Documents

New RECEIVED BY · 2018. 3. 1. · Thence along a curve to the left having an arc length of384.21 feet, with a radius of647.96 feet, being subtended by a chord bearing of North 68