[i] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to...

18
Gwinnett County Planning Division Rezoning Application Last Updated 12/2015 REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA. ==APPLICANT INFORMATION l_ ·- < . PROPERTY OWNER INFORNJATION* .,. - --· NAME: Brand Properties, LLC c/o Andersen, Tate & Carr, P.C. NAME: Providence Investments, _ LL? ADDRESS: 1960 Satellite Blvd., Suite 4000 ADDRESS: P.O. Box 5337 Duluth Douglasville CITY: CITY: GA 30097 STATE: GA ZIP: STATE: ZIP: PHONE: 770-822-0900 PHONE: .. CONT ACT PERSON: Melody A. Glouton, Esq. PHONE: 770-822-0900 CONT ACT'S E-MAIL: [email protected] APPLICANT IS THE: DowNER'S AGENT DPROPERTY OWNER [I] CONTRACT PURCHASER C2 RM-24 PRESENT ZONING DISTRICTS(S): REQUESTED ZONING DISTRICT: .. R7119 002A .. 9.368 PARCEL NUMBER(S): ACREAGE: ADDRESS OF PROPERTY: 2449 Duluth Hwy and McDaniel Rd. Residential multi-family community PROPOSED DEVELOPMENT: . RESIDENTIAL DEVELOPMENT 169 NON-RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units ------ No. of Buildings/Lots: ______ _ 925 SF i :.J I Dwelling Unit Size (Sq. Ft.): ----- Total Building Sq. Ft. ______ _ 18 units per acre Gross Density: __ _ __ _ ------ Density: ------------ 18 units per acre Net Density: ---------- PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS By 2 RZ 'ZO 027

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Page 1: [I] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to standards governing the exercise of zoning power whether a proposed rezoning will permit a use

Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

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

~'- ~--~ ==APPLICANT INFORMATIONl_ ·- <

. PROPERTY OWNER INFORNJATION* .,. - --·

NAME: Brand Properties, LLC c/o Andersen, Tate & Carr, P.C. NAME: Providence Investments, _ LL?

ADDRESS: 1960 Satellite Blvd., Suite 4000

ADDRESS: P.O. Box 5337

Duluth Douglasville CITY: CITY:

GA 30097 STATE: GA ZIP: 3015~ STATE: ZIP:

PHONE: 770-822-0900

PHONE: ..

CONT ACT PERSON: Melody A. Glouton, Esq. PHONE: 770-822-0900

CONT ACT'S E-MAIL: [email protected]

APPLICANT IS THE:

DowNER'S AGENT DPROPERTY OWNER [I] CONTRACT PURCHASER

C2 RM-24 PRESENT ZONING DISTRICTS(S): REQUESTED ZONING DISTRICT: ..

R7119 002A ..

9.368 PARCEL NUMBER(S): ACREAGE:

ADDRESS OF PROPERTY: 2449 Duluth Hwy and McDaniel Rd.

Residential multi-family community PROPOSED DEVELOPMENT: .

RESIDENTIAL DEVELOPMENT

169

NON-RESIDENTIAL DEVELOPMENT

No. of Lots/Dwelling Units ------ No. of Buildings/Lots: ______ _

925 SF

i :.J

I

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

18 units per acre Gross Density: ______ ------ Density: ------------

18 units per acre Net Density: ----------

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS

By

2 RZ 'ZO 027

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TRACT2 (PARCEL: 7119 002A)

ALL THAT TRACT OR PARCEL OF land lying and being in Land Lot 119, 7th District, Gwinnett County, Georgia, being more particularly described as follows:

BEGINNING at the southeastern intersection of the right of way of Georgia Highway No. 120, a.lea. Duluth Highway (right of way varies) and the right of way of McDaniel Road (80 feet right of way), that is the POINT OF BEGINNING; thence along the right of way of Georgia Highway No. 120 the following courses and distances: South 61°40'31" East a distance of 169.02 feet to a point; thence South 28°10'44" West a distance of 4.96 feet to a point; thence South 61°48'45" East a distance of 109 .13 feet to a point; thence South 28°17'02" West a distance of 11.10 feet to a point; thence South 53°52'13" East a distance of 101.78 feet to a point; thence South 62°34'12" East a distance of 209.04 feet to a point; thence South 75°16'3 l" East a distance of 24.99 feet to a point; thence 86.04 feet along a curve to the left, said curve having a chord of South 68°25'59" East 86.04 feet and a radius of 1939.05 feet to a point; thence South 13°28'14" East a distance of 41.66 feet to a point located on the Land Lot Line common to Land Lots 118 and 119; thence leaving said right of way and along said Land Lot Line South 60°16'15" West a distance of 739.36 feet to a point; thence leaving said Land Lot Line thence North 60°30'01" West a distance of 398.65 feet to a point; thence North 29°14'36" West a distance of 141.3 6 feet to a point located on the southeastern right of way of McDaniel Road; thence along said right of way the following courses and distances: North 60°40'25" East a distance of 115.99 feet to a point; thence 212.87 feet along a curve to the left, said curve having a chord of North 44°29'57" East 210.05 feet and a radius of 377.02 feet to a point; thence North 28°19'29" East a distance of222.08 feet to a point; thence 98.97 feet along a curve to the right, said curve having a chord of North 73°19'29" East 89.10 feet and a radius of 63.00 feet to a point, being the POINT OF BEGINNING. Said tract contains 9.368 Acres.

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RZM'20 027

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D

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SUR'JE\"OR'S CERT1FlCA110N BOX

~~~EL~r ~::%:::~:~~-llj,~~~t~~9:~ti:~j:~t~~;~~!£~1;~;3~;~~~~:rnot instruments which crea:ed thQ parcel or parcels ore atotod h~reor.. RECOROAT:ON OF THIS PLAT DOES NOT IMPL.Y APPROVAL. OF >JoN L.OCAL. JURISOICT!ON, AVAILABIUTY Of PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REOUIRHtENTS, OR SUrTAB1LIT'f FOR ANf USE OR PURPOSE OF THE LAND. f"ul1hormoro, the undcN1l9nea land surveyor certifies that thl!t plot eompliH wlth the minimum

~~f~~;t~7d~:s ~~~l~oG~~~ !l~,rv~~~a~i~~g;~r a~,o~!~.~~~~ ~n~~~o~~!e~n~nd L.'.lnd Survoyon1 and os sot torth in O.C.GA Section 15-6-67.

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R£FE!lf:NCES:

1. PLAT BOOK Si, PAGE 141

2. PLAT BOOK 73, PAGE 258

3. PLAT BOOK 7 6, PAGE 256

4. PLAT BOOK 95, PACE :!98

5. PLAT BOOK rn2. PAGf 287

6. Pt.AT BOOK 10~. PAGE" 187

7. DEED BOOK 13478, PAGE 1

8. DEED BOOK ~9221 , PAGE 283

9. DEED BOOK 50026. PACE 580

10. DEED 8001< 51542. PAGE'. 671

11. DEED BOOK 5551 L PAGE 626

12. DEED BOOK 55511. PAGE 6«

13. DEED BOOK 55838. PA.CE 5 1 B

14, DEED BOOK 56083, P.A.GE 826

15. DEED BOOK 57013, PAGE 657

4'1s" '\' j"' -

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LINE CHART

TRACT 1: 11.504 AC. TRACT 2: 9.368 AC.

TOTAL:

I

;

20.872 AC.

SUB)!·JiDED AS: Vilt.AC[ A1 CA:Wlr·JAL I. AK[

PB 95, PG WC ZO~i:NC:PZT

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CENFRAL NO ITS: ~- n oti.o I.II.I' t<t.m !fL.Jt 1J' J!>C·JC70f, UITC!:".'[ t.w-,q ~ :!:>r.:(, tr::)ICATF!. r..v.; f/llS ":JW!. OCf';; ~:?T rn:: :~: )J.j ~F·-E> t•!:Sli:Hl.i!D I'S 11A"llt.o.l H W C rv.11.JC,.

~- H1:~ • :.•t O~ .iVllVE'! \t~.S :,'O O\'A..:; RAtiT~ !)~ W.,J>?~:"i.fl: AS TC i'nf()tlS!f"JfC(t",;JN'!'(.l.'.';( t.tl'l., IS 'JI Al l'(TVH r::.> A.''i'>!~Af::' ::;i:: mLr !<£>~ ·~ pr::iro;,1.w:.> !!V n1r s:.i~vt:-r.::R ro o-.;<".:.wt:R THt ::ns1tur;c Y :.>.'l' i:1<s::1.n:"4l'>i.

J . Tl•(P~fl£.C"S S:l'IOttH"UPDC!iC'Q1SEiJ~~ AAC $\JMC':'10A."1Vi:'IS".l•l\.OCA.'-!'..\l!A"T!.. ~1":;-Uf"-WI..-.

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TRACT 1: 11..504 AC .

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LINE BEARING L1 s 61°40'3 1" E. L.2 s 2s·10 .c4 w L3 S 6 1'48'45 E

OISTA.~CE 169.02'

4.91:i 109.13'

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P8 1 G5. ::>G ~ 37 :0r-:;1"(,; R!'.:.G L4 s 28' 17"02 w 11. 10'

LS S 5S52'13" E 101.78 L6 S 62"34 12 E 209.04' L7 S 75'16 :31° E 24.99 u; S IS281 4 E I 4 1.66'

CURVE CHART ARC LENGTH

i65. 48' 74.87' 74.85"

2 10.05'

S 10401.31· E S . 44·-i9'5-i" YI s 58'20'46" 'II S 68"25'59" E

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LEGEND 'tl, UflLilY POLE (?P) ~ GUV WIRE )l'. LIGHT POLE (LP) :0: Fl.AG POLE (FP) 1::1 f1RE HYDRANT (FH) q SIGN 0 JUNC"nON BOX (JB)

DROP INL<o (DI) WATER VALllE (IW) ROOF DRAJN (RD) CLEAN OUT (CO)

Q WATER METER (WM) 0 SAN ITARY MANHOLE ::1 IRON PIN FOUND

['.3 CONCRETE

- WAU = t4EAD WALL(HW)

~- x - FENCE. LINE

-.......,.,..._ TREE LINE

A HANDICAP RAMP

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ABBREVIATIONS INVERT El£VATI0N CORRUGATED METAL PIPE REINFORCED CONCRETE PIPE DUCTILE IRON PIPE FINISHED FLOOR ELEVATION ~~I~ BENCHMARK

UNDERGROUND CABLE MARKER GAS UNE MARKER WATER LINE MARKER PL.AT BOOK DEED BOOK tlOW OR FORMERLY SANITL.RY SEWER MANHOLE DOUBLE WING CA1CH BASIN SINGLE WING C.4.TCH 8AS1N ~J~ETiND SECTION

CROSS WALK POST OVERHEAD POWER SOUTHERN SELL UANHOLE POWER TRANSFORMER TRAFFIC SIGNAL BOX 'iRAFFlC SIGNAL POLE UTIUT'f BOX POINT OF BEGlNNING

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Page 4: [I] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to standards governing the exercise of zoning power whether a proposed rezoning will permit a use

NORTH PARCEL

CJ[) DEVELOPMENT SUMMARY: NORTH PARCEL DEVELOPMENT SUMMARY: SOUTH PARCEL

11.504 ACRES 9.368 ACRES

3-STORY APT. BUILDINGS Et 1-STORY AMENITY 3-STORY APT. BUILDINGS Et 3/4 SPLIT APT. BUILDING BUILDING WITH AMENITY

BUILDING SUMMARY BUILDING SUMMARY

GROSS RESIDENTIAL AREA 239,000 SF GROSS RESIDENTIAL AREA 199,000 SF AMENITY 2,000 SF AMENITY 6,000 SF TOTAL BUILDING AREA 241 ,000 SF TOTAL BUILDING AREA 205,000 SF

TOTAL UNITS +/- 204 UNITS TOTAL UNITS +/- 169 UNITS (925 SF AVG, 60% 1-BR, 33% 2-BR, 7% 3-BR) (925 SF AVG, 60% 1-BR, 33% 2-BR, 7% 3-BR)

PARKING SUMMARY PARKING SUMMARY REQUIRED: 306 SPACES REQUIRED: 254 SPACES (PARKING FACTOR: 1.5) (PARKING FACTOR: 1.5) PROVIDED+/- 306 PARKING SPACES PROVIDED +/- 254 PARKING SPACES

BRAND PROPERTIES 07/01/20

SITE PLAN PRIMARY ENTRY I EXIT MCDANI EL ROAD

SECURED RESIDENT GATE

3-STORY, TYPICAL

(,1\

DEVELOPMENT SUMMARY: NORTH Et SOUTH

BUILDING SUMMARY

GROSS RESIDENTIAL AREA AMENITY TOTAL BUILDING AREA

438,000 SF 8,000 SF

446,000 SF

TOTAL UNITS +/- 373 UNITS (925 SF AVG, 60% 1-BR, 33% 2-BR, 7% 3-BR)

PARKING SUMMARY PROVIDED+/ - 560 PARKING SPACES

SOUTH PARCEL

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RZM '20 0 Z7

SILVERSTUDIO

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Page 6: [I] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to standards governing the exercise of zoning power whether a proposed rezoning will permit a use

I

Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

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 EX'ISTING 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

RZM '20 0 2 7 By

Page 7: [I] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to standards governing the exercise of zoning power whether a proposed rezoning will permit a use

I I I I I \ I I

\ I I

A)

B)

C)

\

I I \ I

I

BRAND PROPERTIES, LLC'S RESPONSE TO STANDARDS GOVERNING THE EXERCISE OF ZONING POWER

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

\ Yes, approval of the proposed Rezoning will permit a use that is suitable in \ view of the use and development of adjacent and nearby property. The I Property is located on Duluth Highway (State Route 120) and McDaniel

\

Road. The Property is adjacent to land zoned for townhomes as well as commercial and industrial uses. The proposed development would provide multifamily housing options to this growing Workplace Center Character Area.

WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USEABILITY OF ADJACENT OR NEARBY PROPERTY:

~o, the proposed Rezoning Application will not adversely affect the "Xisting use or usability of any of the nearby properties. The proposed .oning classification is compatible with existing residential, commercial,

~and industrial uses of adjacent property. In fact, the proposed development

ould provide an appropriate transition of land uses from commercial to sidential.

\ HETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING H S REASONABLE ECONOMIC USE AS CURRENTLY ZONED:

T e Applicant submits that due to the size, location, layout, topography, and na ural features of the Subject Property, it does not have reasonable ec nomic use as currently zoned.

D) W ETHER THE PROPOSED REZONING WILL RESULT IN A USE WHICH Wl~L OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXl~TING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS:

No, ~te proposed rezoning will not result in an excessive or burdensome use f the infrastructure systems. The Property has convenient access to Oulu h Highway (State Route 120), Interstate 85, and University Parkway (Stat~ Route 316). The proposed development would complement the existi g commercial, industrial, and residential uses along Duluth Highway and t e surrounding area by providing necessary residential critical mass to su~port those uses.

RZM '20 0 27 fD)~ © ~ LI \YI rn ill J_UL _. 2 2020 @ By

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

The proposed rezoning is in conformity with the policy and intent of the Gwinnett County 2040 Unified Plan. The subject property is located within the Workplace Center Character Area of the 2040 Future Development Map. Encouraged land uses for the Workplace Center specifically includes apartments and multi-family housing. The proposed development would be compatible with and successfully co-exist with the surrounding uses.

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

The Applicant submits that the character of the surrounding development and the existing mix of uses in the area provide supporting reasons for approval of the rezoning. Anticipated growth in Gwinnett County based on the 2040 Comprehensive plan suggests a strong need for this type of housing. In addition, the Applicant submits that the subject Property's location, size, and dimensions, as well as its proximity to Interstate 85 supports grounds for approval of the proposed rezoning application.

RZM '20 0 27

r/o)~ ®. ~ D \YI IB {fl1 lJll 1UL 2 2020 ~ y

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ANDERSEN I TATE I CARR

Melody A. Glouton, Esq. Email: [email protected]

COMBINED LETTER OF INTENT

Telephone: 770.822.0900 Direct Dial: 770.339.0475 Direct Fax: 770.236.9719

FOR REZONING APPLICATIONS OF BRAND PROPERTIES, LLC

Andersen Tate & Carr, P.C. submits this Combined Letter of Intent and attached rezoning applications (the "Applications") on behalf of Brand Properties, LLC (the "Applicant") for the purpose of requesting the rezoning of an approximately 20.87-acre assemblage of parcels situated along Duluth Highway (State Route 120) and McDaniel Road (the "Property"). The surrounding area is characterized by a mix of land uses including office & institutional, industrial, and residential. The assemblage of tracts includes tax parcel numbers R7119 100; R 7119 114; R 7119 116; R 7119 118; and R 7119 002A.

The Property is currently zoned 0-I (Office-Institutional District) and C-2 (General Business District). The Property is localed within the Workplace Center Character Area as set forth in the Gwinnett County 2040 Unified Plan (the "2040 Plan"). The Applicant is proposing to rezone the Property from 0-I and C-2 to the RM-24 (Multifamily Residence District) zoning classification of the Gwinnett County Unified Development Ordinance (the "UDO") to accommodate the development and construction of a multifamily residential community as depicted on the Site Plan and building elevations/renderings submitted with the Applications.

The proposed community would provide approximately 3 73 units of upscale, luxury multifamily homes. The proposed community would include a mixture of one, two and three­bedroom units, with only approximately 7% of the of the total units being three-bedroom floorplans. The proposed development would provide various amenities for residents, including recreational options such as a fitness center, pool, and outdoor patio area with grilling stations and fire pits. Residential buildings would include internal, unconditioned corridors and attractive architectural elements in general accordance with the building elevations submitted with the application. The Property would be developed as reflected on the enclosed Site Plan which identifies a ~'North Parcel" and "South Parcel" for the development. The North Parcel (Tax Parcels R7119 100; R7119 114; R7119 116; and R7119 118) consists of approximately 11.504 acres and would include 204 units, or 18 units per acre. The South Parcel (Tax Parcel R7119 002A) consists of approximately 9.368 acres and would include 169 units, or 18 units per acre.

The proposed community is compatible with the policies set forth in the 2040 Plan which designate the Property as within the Workplace Center Character Area. Specifically, policies for this Character Area encourage a mix of land uses and higher residential densities, including

Andersen, Tate & Carr, P.C. · One Sugarloaf Centre • Suite 4000 • 1960 Satellite Boulevard• Duluth GA 30097 • www.atclawfirm.com

RZM '20 0 27

Page 10: [I] · i i i i i \ i i \ i i a) b) c) \ i i \ i i brand properties, llc's response to standards governing the exercise of zoning power whether a proposed rezoning will permit a use

apartments and townhomes. The proposed development would also provide an appropriate balancing of the Property's existing split-zoning. The proposed development would provide an appropriate transition of land uses from the commercial node at the intersection of Duluth Highway (State Route 120) and Meadow Church Road toward less intense residential uses to the west. The proposed development would complement the existing commercial I industrial uses near the Property by providing necessary residential critical mass to support those uses. Pursuant to the 2040 Plan, the proposed development is consistent with the intent of potential development within the Workplace Center Character Area which provides that "[w]hile reserving these lands to focus on employment uses, these elements should be supported where appropriate by opportunities for residential uses and multi-use oriented commercial areas."

Residents would have convenient access to Duluth Highway (State Route 120) and major employment centers along Duluth Highway, Sugarloaf Parkway, Interstate 85, and University Parkway (State Route 316) corridors. The proposed development is compatible with the policies of the 2040 Plan, it would complement the existing mix of commercial, industrial, and residential uses, and it would provide an appropriate transition from them towards single-family detached uses to the west.

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 Rezoning Applications filed herewith. The Applicant respectfully requests your approval of these Applications.

Respectfully submitted this 1st day of July, 2020.

ANDERSEN TATE & CARR, P.C.

~~p{.)J{_,, u,/.AJ ModyAIOuton, Esq. Attorney for Applicant

lo)~© ~ a \YI rnrm IJU JUL D_ 2 2020 ~ 8~

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ANDERSEN I TATE I CARR

Melody A. Glouton Email: [email protected]

VIA E-MAIL DELIVERY Gwinnett County

July 1, 2020

Attn: Kathy Holland, Director of Planning and Development 446 West Crogan Street Lawrenceville, Ga 3 0046

Telephone: 770.822.0900 Direct Dial: 770.339.0475 Direct Fax: 770.236.9719

RE: JUSTIFICATION FOR REZONING FOR BRAND PROPERTIES, LLC (2449 Duluth Highway and McDaniel Road, Duluth, Georgia)

Dear Chairman and Commissioners:

This letter is written on behalf of Brand Properties, LLC (the "Applicant"), in connection with the rezoning applications for property located at 2449 Duluth Highway and McDaniel Road, Duluth, Georgia (the "Subject Property"). The Subject Property is further identified by tax parcel ID numbers R7119-100; R7119-114; R7119-116; R7119-118; and R7119-002A.

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

The Subject Property is presently suitable for development under the RM-24 (Multifamily Residential District) zoning classification as requested by the Applicant and is not

1 Lathrop v. Deal, 301 Ga 408, 880-881 S.E. 2d 867 (2017)

Andersen, Tate & Carr, P.C. •One Sugarloaf Centre• Suite 4000 • 1960 Satellite Boulevard• Duluth GA 30097 • www.atclawfirm.com

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economically suitable for development under its present 0-I (Office-Institutional District) and C-2 (General Business District) zoning classifications of the Gwinnett County UDO. A denial of the requested rezoning 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 rezone the Subject Property to the RM-24 zoning classification, with only such additional conditions as agreed to by the Applicant, so as to permit the only feasible economic use of the Subject 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.

Any rezoning of the Subject Property to the RM-24 zoning classification, 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 rezoning application submitted by the Applicant relative to the Subject Property be granted and that the Subject Property be rezoned to the zoning classification as shown on the respective application.

Respectfully,

ANDERSEN, TATE & CARR, P.C.

Melody A. Glouton

MAG/ag

I By

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I I \ I I

Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

REZONING AP~LICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTH\ORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO \APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL ~E ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE .I OARD 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~· ( Dale

\\ &. 0ro..11d M ov:j0 n \ Type or Print Name and Tit"e

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I I I I I I I

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lo)rn © ~ u \YI~~ lfil JUL D. 2.2020 ~ By

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Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

REZONING PROP.ERTY OWNER•s CERTIFl.~ATION

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.

L Type or Print Name and Title

5

Date

[DJ rn IJ!j lli u w ~ rm 00 JUL D. 22020 ~ B

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Gwinnett County Planning Division Rezoning Application

Last Updated I 2120 I 5

C.ONFLICT OF INTEREST CERTIFICATION FOR REZONING

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

SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE

DATE

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 [iJ NO Brand Properties, LLC YOUR NAME

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

NAME AND OFFICAL CONTRIBUTIONS DA TE C09'1TRl8UTION

POSITION OF GOVERNMENT

(List all which aggregate WAS MADE

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

..

.. . . -

Attach additional sheets if necessary to disclose or describe all co tributioos~~~-""""".""'."'~....,

lo)~©~ a \YJ ~rm ill JUL .0. 2 2020 ~

6

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Gwinnett County Planning Division Rezoning Application

Last Updated 12/2015

CONFLICT OF INTEREST CERTIFICATION FOR REZONING

The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-6 7 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 OR PRINT NAME AND TITLE

M~l9!1v A. Gloulon, Allorney for Applic@nJ

:Z..o SIGNATURE OF APPUCANT'S ATTORNEY OR REPRESENTATIVE

TYPE OR PRINT NAME AND TITLE ''''"' ,,,,, ,,, X;.LA Gn ,,,,

, .. '.~f:> ·········:'..<Jr,, /~~··~OTAJtj:·· .. J~\ = ~s :. ~ GEORG~ .. T ~y SEAL - JAN. 2.2023 ~ -- Q ,-) .... ~ "/... ·• •• >, ....... ~ \c... $ ,-~~·· vni.. •·.~ , ''i1~.C~': , ...

DISCLOSURE OF CAMPAIGN C01..,..•1jWa'ia\l\.\N~

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 1111 Andersen, Tate & Carr, P.C.

NO YOUR NAME

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

- - ·-

NAME AND O~FICAL ·-i i.•

CONTRIBUTIONS ~ c

DATE CONTRIBUTION POSITION OF (List all which aggregate to WASMAD·E

GOVERNMENT OFFICIAL $250 or More) (Within last · wo years) -. ' ·

- - - - - -

'

Attach additional sheets if necessary to disclose or describe a1Lcontr:ihu1inns,~---~____,

ro)r!: © ~ D W ~rm uu JUL 0 2 2020 ~

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7/1/2020 Account Detail

Visitors can check wait times in advance here.

ACCOUNT DETAIL

Tax Account

Mailing Address: PROVIDENCE INVESTMENTS LLC PO BOX 5337 DOUGLASVILLE I GA 30154-0006

b2l Change Mailing Address

Parcel ID

R7119 002A

Legal Description

GA HWY 120

Tax Bills

View/Pay Your Taxes I Account Detail

SITUS: 2449 DULUTH HWY

Tax District:

COUNTY Unincorporated

i

j Property Type I

! Last Update

1 Real Property 1 7 /1 /2020 4:02:02 PM

----·----

Note: Four years of tax information is available online. Email tax@gwinnettcJ

years.

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https://gwinnetttaxcommissioner.publicaccessnow.comNiewPayYourTaxes/AccountDetail.aspx?p=R7119 002A&a=1342775 1/3

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7/1/2020 Account Detail

Tax Year : Net Tax I Total ~aid I Penalty/Fees j lnter~st ! _ D~e Da~=_J ~m_ount Due !

~ $15,897.30 $15,897.30 $0.00 $0.00 10/15/2019 $0.00

~ $15,959.35 $15,959.35 $0.00 $0.00 10/15/2018 $0.00

~ $1 6,079. 72 $16,079. 72 $0.00 $0.00 10/15/2017 $0.00

~ $15,941.55 $15,941.55 $0.00 $0.00 10/15/2016 $0.00

Total $0.00

- ··----- -------

Print Tax Bill

Click to view and print your Aug 2019 tax bill.

*This bill is good through Oct 15, 2019 only.

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r~~© ~a w~1~ w JUL 0 2 2020 ~ . y

https://gwinnetttaxcommissioner.publicaccessnow.comNiewPayYourTaxes/AccountDetail.aspx?p=R7119 002A&a=1342775 2/3