Braselton PUD Rezoning Application

Jesse Cronic Road, Tax Parcel No. 119-004J4 (Jackson County)

Property Owner-Applicant Information

Subject Property is owned by Braselton 38 LLC, an entity comprised of three

interested parties, including:

1) Jordan Company

4200 Northside Parkway

Building 3-A

Atlanta GA 30327

2) Dash, LP

4355 Cobb Parkway

Suite J 310

Atlanta GA 30339

3) McCamy Investments, LP

3076 Maple Drive NE

Atlanta GA 30305

00101398;2

Letter of Intent and Impact Analysis

Braselton, GA

PUD Rezoning Application

Requesting Rezoning from M-D to PUD

Applicant:

Braselton 38, LLC

c/o G. Douglas Dillard, Esq.

Property:

+/- 39 acres on Jesse Cronic Road

Parcel ID 119-004J4

Submitted for Applicant by:

G. Douglas Dillard

R. Baxter Russell

DILLARD SELLERS

1776 Peachtree Street NW, Suite 390N

Atlanta, Georgia 30309

(404) 665-1241

ddillard@dillardsellers.com

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I. INTRODUCTION

Braselton 38, LLC (“Applicant”) respectfully submits this rezoning application for

property located on Jesse Cronic Road consisting of approximately 39 acres, Jackson County

Parcel ID 119-004J4 (“Property”). Applicant requests approval of this rezoning from M-D

(Manufacturing Distribution) to PUD (Planned Unit Development) to develop a master planned,

mixed-use community that includes high-quality multifamily and senior living residential,

medical office, daycare, climate-controlled self-storage, and business service space uses. As

described in the application materials now submitted, Applicant seeks to transform the Property

from unusable, large-tract industrial land into a truly unique, mixed-use community that will

positively impact the Town of Braselton and benefit surrounding residents and commercial

partners.

The Property current exists as a vacant industrial tract, with a large utility easement

bifurcating the developable area into a western tract and an eastern tract. Applicant requests

approval of this PUD rezoning and proposed master site plan to create a true mixed-use

community development combining residential uses with medical office, commercial, and small

light industrial uses. As shown on the proposed site plan, Applicant designed a development that

operates as a self-contained mixed-use community with different individual uses cohesively

working together. However, the proposed development will also serve as a positive and

contributing community for adjacent properties and the surrounding area, as Applicant’s

development creates an appropriate and beneficial use barrier between intense industrial uses

along Jesse Cronic Road and the downtown historic district. Applicant’s PUD rezoning will

allow for the development of this undeveloped land that has been zoned M-D and vacant for

many years into a positive, distinct community.

This application satisfies the standards governing the exercise of zoning power and the

planned unit development standards, as set forth in the Town of Braselton Development Code

and discussed below. The proposed mixed-use community is also consistent with the policies,

goals, and objectives of Braselton’s current and potential future comprehensive land use plans.

In order to reasonably develop the Property with a beneficial mixture of uses as shown on the

master site plan, the Applicant seeks approval of this application to amend the Property’s zoning

from M-D to PUD.

II. PUD REZONING REQUEST AND WRITTEN ANALYSIS

The Applicant satisfies all standards governing the Town Council’s exercise of zoning

power, as set forth in the Town of Braselton Development Code, Article XVIII:

A) Will the amendment requested permit a use that is suitable in view of the existing

use and development of adjacent or nearby property?

Yes—the proposed mixed-use community and requested PUD rezoning is both suitable

and complimentary to the zoning and uses of surrounding properties. The zoning of

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nearby properties includes M-D, G-C, N-C, R-1, and PUD. Existing uses on surrounding

properties include large industrial warehouses and distribution centers, small to medium

scale commercial and industrial business service centers, tractor trailer truck parking and

trailer storage, and a large church campus. The Property is also located adjacent to the

residential, commercial, retail, restaurant, and civic uses in the downtown Braselton area.

The proposed mixed-use community and its variety of uses will serve as a beneficial

buffer to separate those pedestrian oriented residential, office and commercial uses on the

west end of downtown Braselton from larger scale industrial properties. The proposed

variety and mixture of uses provide a consistent balance of uses that will enhance this

area of the Town and help shape the downtown community framework. Additionally,

PUD rezoning and mixed-use community approval is not unprecedented for this area. In

January 2018, Town Council approved a rezoning from R-1 to PUD for property located

on Highway 124, adjacent to Jesse Cronic Road and near the Property, for the

development of a mixed-use community. Applicant’s request is consistent with this

recently approved PUD rezoning.

B) Will the proposed amendment adversely affect the existing use or usability of

adjacent or nearby property?

No— the proposed mixed-use community and requested PUD rezoning will not adversely

impact the use, usability, or value of surrounding properties. Instead, the proposed uses

are consistent and compatible with nearby properties. Applicant’s proposed development

will enhance the livability and character of the Town as a beneficial extension of the

downtown community.

C) Does the property to be affected by a proposed amendment have a reasonable

economic use as currently zoned?

No—the Property does not have reasonable economic use as currently zoned with the

existing M-D zoning as evidenced by the lack of development and depressed interest in

industrial use on the Property for many years. The current industrial zoning on the

Property does not reflect its location adjacent to the growing and developing downtown

community.

D) Is the subject property suitable for the zoned purposes?

The Property is not suitable for the currently zoned industrial manufacturing and

distribution uses. The Property is suitable for a Planned Unit Development, specifically

the master-planned, mixed-use community outlined in the submitted site plan and

application. The proposed mixture of residential (multifamily and senior living), medical

office, daycare, self-storage, and business service space uses are compatible with the

location and features of the Property, in addition to complimenting the zoning and uses

found on surrounding and nearby properties.

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E) Will the proposed amendment result in a use which will or could cause an

overcrowding condition with respect to existing streets, transportation facilities,

utilities or schools?

No—the proposed mixed-use community will not cause overcrowding or burdening of

streets, facilities, utilities, or schools. Further, the Town’s current utility infrastructure

will adequately provide the necessary water and sewer services needed by the

development.

F) Does the proposed amendment conform to the Town of Braselton Future Land Use

Plan and Map?

Yes—the current Town of Braselton Comprehensive Plan Update 2015 (“Update 2015”)

designates this area as Industrial property within the Industry and Jobs Character Area.

These designations promote “appropriate transitions between core

warehousing/distribution areas and adjacent, smaller-scaled office parks, residential

areas, and green buffers.” (Update 2015, pg. 24). Additionally, Update 2015 describes

allowable land uses for the Property as uses compatible with the proposed site plan,

included the designated industrial, commercial, and residential uses. The proposed

mixed-use community is consistent with the development strategies of the Industry and

Jobs Character Area designation, as the Applicant’s proposed development provides an

appropriate and beneficial buffer between the intense industrial uses along Jesse Cronic

Road and the growing historic downtown district. The Applicant proposes a mixed-use

site plan the provides industrial uses on the western portion of the Property adjacent to

the currently operating industrial business services and truck parking uses. The walkable,

pedestrian oriented residential use is directed to the eastern portion of the Property,

nearby downtown commercial, retail, and restaurant uses. Herein, the proposed rezoning

and site plan provide a scalable use transition from industrial to residential use as the

Property approaches downtown Braselton. Finally—although still in development, the

draft 2020 Braselton Comprehensive Plans presents and anticipates many goals, policies,

and land use designations consistent with the Applicant’s proposed rezoning and mixed-

use community, including mixed-use and residential development on the Property.

G) Does the hardship imposed upon the individual property owner under the current

zoning conditions outweigh the benefits to the public in maintaining those zoning

conditions?

There is no benefit to the public from the imposition of the M-D zoning on the Property.

Without a rezoning to PUD and approval of a master site plan as proposed by the

Applicant, the Property cannot be developed. If the rezoning and site plan are not

approved, the Property will continue to remain vacant in its current undeveloped state,

failing to promote the health, safety, morals, or general welfare of the public.

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H) Will the amendment request have a significant adverse impact on the environment,

including, without limitation, soil erosion and sedimentation, flooding, air and water

quality and water quantity?

No—the proposed PUD rezoning and development of the mixed-use community will

have no significant adverse impact on the environment. As demonstrated on the master

site plan, environmentally sensitive locations on the Property, including the identified

streams, will be adequately protected in compliance with local, State, and Federal law.

I) Will the amendment request have a significant adverse impact on the aesthetics of

the property or the surrounding area?

No—the proposed mixed-use community will complement and enhance the aesthetics

and ambiance of the surrounding area, in compliance with the Comprehensive Plan and

the Town’s vision for high-quality downtown area development. Applicant’s proposed

community will be governed by covenants and restrictive agreements, guaranteeing that

the Property will be well maintained and cohesively developed. Additionally,

Applicant’s currently proposed construction and buildout schedule is approximately 24-

48 months, such that development on the Property will not be drawn out for extended

periods of vacant or intermittent construction.

J) Are there are other existing or changing conditions regarding the use and

development of the property which give supporting grounds for either approval or

disapproval of the amendment request?

The proposed mixed-use community conforms to the Town’s current Comprehensive

Plan and the goals, policies, and land use designations considered in the draft 2020

Braselton Comprehensive Plan update. Applicant’s proposed development would

provide a variety of uses on the Property—including residential, medical office,

commercial, and small-scale industrial, to achieve consistency with the Town’s current

Comprehensive Plan and proposed future land use policies. The proposed rezoning and

mixed-use community would provide an appropriate and beneficial transition between the

industrial use core along Jesse Cronic Road and the developing downtown historic

district.

Furthermore, the Applicant satisfies all planned unit development standards, in addition

to the Town’s zoning criteria, as set forth in the Town of Braselton Development Code, Article

VII:

1) Will the proposed use(s) and intensities be detrimental to surrounding properties or

uses?

As described in detail on the Site Analysis chart of the proposed site plan and outlined

above, the proposed densities of the mixed-use community, including the multifamily and

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senior living residential, daycare, medical office, self-storage and business service space

uses, are complimentary to the surrounding properties and uses. The proposed variety of

uses and the accompanying densities will provide a beneficial and appropriate transition

between the industrial uses on Jesse Cronic Road and the residences and business in

downtown Braselton.

2) Are there mitigation of impacts proposed and are they considered to be adequate

with regard to the protection of surrounding properties?

Applicant has designed and now proposes a PUD rezoning and master site plan that

adequately considers the protection of surrounding properties. The Property is bounded

by Interstate 85, Jesse Cronic Road, and industrial uses along most property lines. The

Applicant designed the site plan to provide a walkable, pedestrian oriented residential use

nearest to downtown Braselton. The site plan also provides ample spacing and buffering

between uses on the plan and against surrounding properties. By introducing a true

mixture of uses and appropriate use spacing, the mitigation of the potential impacts of the

existing master site plan has been achieved.

3) Is the proposed use compatible with surrounding uses?

Yes—the proposed mixed-use community incorporating residential, medical office,

commercial, and light industrial uses is compatible with the uses found on surrounding

properties. The mixture of uses on the Property will complement the surrounding

industrial, commercial, and limited residential uses, provide a buffer between an

industrial core and downtown Braselton, and enhance the general viability of the

downtown Braselton.

4) Is the proposed use or proposed density out of character with the Comprehensive

Land Use Plan?

As described above, the proposed mixed-use community and corresponding densities

comply with the Town’s land use plans, policies, and goals. The proposed mixture of

uses is consistent with the development strategies of the Industry and Jobs Character

Area designation, as the Applicant’s proposed development provides an appropriate and

beneficial buffer between the intense industrial uses along Jesse Cronic Road and the

growing historic downtown district. The proposed rezoning and site plan provide a

transition from industrial to residential uses as the Property approaches downtown

Braselton. The proposed mixture of uses and densities are also consistent with many

goals, policies, and land use designations considered by the draft 2020 Braselton

Comprehensive Plan.

5) Will the proposed development not otherwise be accommodated by a typical zoning

district?

No—given the location of the Property in addition to the size and the relationship

between the different uses on the Property, a PUD zoning is required. Only a PUD

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zoning and master site plan can accommodate the cohesive mixed-use approach required

for this unique parcel. The Applicant recognizes the need for a comprehensive approach

to this Property and requests approval of a PUD rezoning. Additionally, Applicant’s

PUD request is consistent with the PUD rezoning approved in January 2018 on nearby

property.

6) Are there substantial design and use concepts that make the proposed development

distinct and unique?

Applicant requests approval of a PUD rezoning and master site plan to develop a true

mixed-use community within the Town. As shown on the proposed site plan and

described above, the Applicant designed a distinct mixed-use plan and layout to provide a

beneficial buffer and use transition from industrial uses on the western portion of the

Property to a walkable, pedestrian oriented residential use on the eastern portion of the

Property near downtown. Approval of the application will allow for the development of

a mixed-use community unlike any other development in the Town, as a development

with internal cohesion that also benefits the surrounding area. Furthermore, the

community development will be designed in accordance with the high-quality aesthetics

found in the surrounding area and in the downtown district, conforming to the vision

described in the Comprehensive Plan.

7) Are impacts to surrounding properties mitigated with the use of open space and

buffering?

Yes—the design of the proposed master site plan reduces potential impacts to

surrounding properties using buffering, open space, and natural boundaries. Due to its

unique location adjacent to Interstate 85, Jesse Cronic Road, and industrial buildings, the

Property has roadway buffers and more intense uses along large sections of the property

line. Additionally, the proposed site plan contains sections of open, undeveloped space—

particularly at the southeastern corner and bisecting the Property, therein mitigating any

impacts to the neighboring commercial and residential properties and between different

uses on the Property.

8) Are environmentally sensitive areas protected to the standards set forth in this

Ordinance and Code?

Environmentally sensitive locations on the Property, including land along the identified

streams, will be adequately protected or disturbances permitted in compliance with local,

State, and Federal law.

9) Will the proposed development encumber or exhaust Town infrastructure?

No—the proposed development will not encumber or exhaust the Town’s infrastructure.

In the event the Town identifies any specific infrastructure concerns, the Applicant will

work to resolve those issues together with the Town.

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III. CONCLUSION

For the foregoing reasons, the Applicant respectfully requests that this PUD rezoning

application be granted as requested by the Applicant. If there are any questions about this

request, you may contact me at 404-665-1241 and ddillard@dillardsellers.com, or 404-665-1224

and brussell@dillardsellers.com.

Sincerely,

DILLARD SELLERS

/s/ G. Douglas Dillard___

G. Douglas Dillard

R. Baxter Russell

00101398;2 8

Exhibit A

REQUIRED CONSTITUTIONAL AND ANTE LITEM NOTICE

Georgia law and the procedures of the Town of Braselton require us to raise Federal and

State constitutional objections during the public hearing application process. While the Applicant

anticipates a smooth application process, failure to raise constitutional objections at this stage may

mean that the Applicant will be barred from raising important legal claims later in the process.

Accordingly, we are required to raise the following constitutional objections at this time:

The portions of the Development Ordinance of the Town of Braselton, Georgia (the

“Development Ordinance”), facially and as applied to the Property, which restrict the Property to

any uses, land use designations, conditions, development standards, or to any zoning districts other

than that proposed by the Applicant are 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 I and Section III, Paragraph I 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 Development Ordinance, facially and as applied to the Property,

which restricts the Property to any uses, conditions, land use designations, development standards,

or to any zoning classifications other than in accordance with the application as proposed by the

Applicant is unconstitutional, illegal, null and void, constituting a taking and inverse condemnation

of Applicant's Property in violation of the Just Compensation Clause of the Fifth Amendment to

the Constitution of the United States; Article I, Section I, Paragraph I, and Section III, Paragraph

I of the Constitution of the State of Georgia of 1983; and the Equal Protection and Due Process

Clauses 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.

A denial of this Application would be unconstitutional under the Takings Clause of the

Fifth Amendment to the Constitution of the United States and the Just Compensation Clause of

Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983. A refusal by

the Town of Braselton to grant the application as requested would constitute a taking of the

Applicant’s property and inverse condemnation. Because of this unconstitutional taking, the Town

of Braselton would be required to pay just compensation to the Applicant.

A denial of this Application would constitute an arbitrary and capricious act by the

Braselton Mayor and Town Council, without any rational basis therefore constituting an abuse of

discretion in violation of Article I, Section I, Paragraph I and Section III, Paragraph I 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 to grant the requested rezoning

would lack objective justification and would result only from neighborhood opposition, which

would constitute an unlawful delegation of the zoning power to non-legislative bodies in violation

of the Georgia Constitution, Article IX, Section II, Paragraph 4.

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A refusal by the Braselton Mayor and Town Council, to grant the requested rezoning in

accordance with the criteria requirements as requested by the Applicant would be unconstitutional

and discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and

owners of the 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 approval of the Application, subject to

conditions which are different from the conditions requested by the Applicant, to the extent such

different conditions would have the effect of further restricting Applicant's utilization of the

Property, would also constitute an arbitrary, capricious and discriminatory act in zoning the

Property to a unconstitutional classification and would likewise violate each of the provisions of

the State and Federal Constitutions set forth hereinabove.

A denial of the requested rezoning would be unconstitutional. This notice is being given

to comply with the provisions of O.C.G.A. § 36-33-5 to afford the Town an opportunity to approve

the rezoning application as requested by the Applicant. If action is not taken by the Town to

approve the rezoning within a reasonable time, a claim will be filed in the Superior Court of

Jackson County demanding just and adequate compensation under Georgia law for the taking of

the Property, inverse condemnation, diminution of value of the Property, attorney’s fees and other

damages arising out of the unlawful deprivation of the Applicant’s property rights.