Last Updated 12/2015 APPLICANT INFORMATION PROPERTY …...THENCE PROCEED SOUTH 10°57'44 EAST A...

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/2015

SPECIAL USE PERMIT APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA.

APPLICANT INFORMATION PROPERTY OWNER INFORMATION*

NAME: Northside Hospital, Inc., by NAME: Kilburn Family partnership, LLLP Dentons US LLP

Attention: G. Scott Kilburn

ADDRESS: 303 Peachtree Street, NE, Suite ADDRESS: 3131 Piedmont Road, Suite 200 5300

CITY: Atlanta CITY: Atlanta

STATE: Georgia ZIP: 30308 STATE: Georgia ZIP: 30305

PHONE: 404-527-4147 PHONE:

CONTACT PERSON: Sharon A. Gay PHONE: 404-527-4676

CONTACT'S E-MAIL: [email protected]

*Include any person having a property interest and any person having a financial interest in any business entity having property interest (use additional sheets if necessary).

APPLICANT IS THE:

DOWNER'S AGENT D PROPERTY OWNER IZI CONTRACT PURCHASER

EXIST! NG/PROPOSED From C-2 & R-100 to BUILDING/LEASED ZONING: C-2 SQUARE FEET: 200,000 SF medical office

PARCEL NUMBER(S): R7147 005, R7147- ACREAGE: 077A, R7147-006A 20

ADDRESS OF PROPERTY: 1124 Rock Springs Rd; 1150 Rock Springs Rd; 2702 Buford Dr

SPECIAL USE REQUESTED: Increase allowable building height from 45ft to 65ft.

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

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EXECUTION VERSION

EXHIBIT A

PROPERTY

Tax Map Parcel # ______ _

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 146 AND 147 OF THE 71 11 DISTRICT OF GWINNETT COUNTY, GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS

TO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF ROCK SPRINGS ROAD (VARIED RIGHT-OF-WAY) AND THE WESTERLY RIGHT-OF-WAY LINE OF GEORGIA HIGHWAY 20 (VARIED RIGHT-OF-WAY);

THENCE PROCEED IN A NORTHWEST DIRECTION ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ROCK SPRINGS ROAD (VARIED RIGHT-OF-WAY) A DISTANCE OF 411.75 FEET TO AN IRON PIN SET;

THENCE PROCEED SOUTH 10°57' 44 EAST A DISTANCE OF 1181 FEET TO AN IRON PIN SET AND THE TRUE POINT OF BEGINNING;

THENCE PROCEED ALONG THE NORTHERLY RIGHT-OF-WAY OF ROCK SPRINGS ROAD NORTH 64°40 ' 12" WEST A DISTANCE OF 82 09 FEET TO A POINT; THENCE PROCEED ALONG AN ARC TO THE RIGHT A DISTANCE OF 18 1.03 FEET, SAID ARC HA YING A RADIUS OF 3496.26 FEET AND A BEING SUBTENDED BY A CHORD BEA:RlNG-NORTFr62°28 '05" WEST A DISTANCE OF 181.01 FEET TO_ A POINT; THENCE PROCEED NORTH 61 °05 '57" WEST A DISTANCE OF 128 .97' TO A Y2 INCH OPEN TOP PIPE FOUND; THENCE PROCEED NORTH 61 °07'23" WEST A DISTANCE OF 128 .98 FEET TO A POINT; THENCE PROCEED NORTH 63°10'51 " WEST A DISTANCE OF 152 .52 FEET TO A POINT; THENCE PROCEED NORTH 64°22 '04" WEST A DISTANCE OF 188.32 FEET TO A Y2 INCH IRON PIN FOUND; THENCE LEA YING SAID NORTHERLY RIGHT-OF-WAY LINE OF ROCK SPRINGS ROAD (60' RIGHT-OF-WAY AT THIS POINT) PROCEED NORTH l 1°22 ' 17" EAST A DISTANCE OF 418.58 FEET TO A Yi' ' lRON PIN FUND AT THE SOUTHERLY RIGHT-OF-WAY LINE OF LAUREL ROAD (VARIED RIGHT-OF-WAY); THENCE FOLLOWING THE SOUTHERLY RIGHT-OF-WAY LINE OF LA UREL ROAD, PROCEED NORTH 64°49'31 " EAST A DISTANCE OF 113 .87 FEET TO A POINT; THENCE PROCEED NORTH 59°55'44" EAST A DISTANCE OF 92.61 FEET TO A POINT; THENCE PROCEED NORTH 59°49'30" EAST A DISTANCE OF 99.91 FEET TO A Y2 INCH OPEN TOP PIPE FOUND; THENCE PROCEED NORTH 12 °47'23" WEST A DISTANCE OF 26.08 FEET TO A POINT AND THE CENTERLINE OF LAUREL ROAD; THENCE FOLLOWING THE CENTERLINE OF LAUREL ROAD, PROCEED NORTH 42°39 '32" EAST A DISTANCE OF 72.74 FEET TO A POINT; THENCE PROCEED NORTH 30°34 '50" EAST A DISTANCE OF 161.74 FEET TO A POINT; THENCE PROCEED NORTH 23°28'58" EAST A DISTANCE OF 54.64 FEET TO A POINT; THENCE PROCEED NORTH 12°46 ' 16" EAST A DISTANCE OF 54.20 FEET TO A POINT; THENCE PROCEED NORTH 02°58 '29" WEST A DISTANCE OF 59.16 FEET TO A POINT; THENCE PROCEED NORTH 14°45'04" WEST A DISTANCE OF 91.60 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY OF LAUREL ROAD, PROCEED SOUTH 30°0125" EAST A DISTANCE OF 344.15 FEET TO AN 2" IRON PIN FOUND; THENCE PROCEED SOUTH 09°59 '33" EAST A DISTANCE OF 176.21 FEET TO A 31. INCH OPEN TOP PIPE FOUND; THENCE PROCEED NORTH 76°39 '54" EAST A DISTANCE OF 265.44 FEET TO AN fRON PIN SET ON THE WESTERLY RIGHT-OFWAY LINE OF GEORGIA HIGHWAY 20 (VARIES RIGHT-OF-WAY); THENCE PROCEED ALONG THE WESTERLY RIGHT-OF-WAY LINE OF GEORGIA HIGHWAY 20 (VARIED RIGHT-OF-WAY) SOUTH 12°08'31" EAST A DSTANCE OF 149.06 FEET TO A RIGHTOF-WAY MONUMENT FOUND; THENCE PROCEED SOUTH 18°04 ' 18" EAST A DISTANCE OF I 00.46 FEET TO A RIGHT-OF-WAY MONUMENT FOUND; THENCE PROCEED SOUTH 12°1 I '51" EAST A DISTANCE OF 627.75 FEET TO AN IRON PIN SET; THENCE PROCEED SOUTH 03°27'50" EAST A DISTANCE OF 30.32 FEET TP A I INCH OPEN TOP PIPE FOUND; THENCE LEAVING SAID RIGHT-OF-WAY LINE OF GEORGIA HIGHWAY 20 (VARIED RIGHT-OF-WAY), PROCEED NORTH 87°30'09" WEST A DISTANCE 240. 14 FEET TO A POINT; THENCE PROCEED SOUTH 81 °38 ' 12" WEST A DISTANCE OF 159.88 FEET TO AN IRON PIN SET; THENCE PROCEED SOUTH 10°57'44" EAST A DISTANCE OF 111.81 FEET TO AN IRON PIN ET AND THE NORTHERLY RIGHT-OFWAY OF ROCK SPRINGS ROAD (RIGHT-OF-WAY) AND THE TRUE POINT OF BEGINNING.

TOGETHER WITH AND SUBJECT TO ALL COVENANTS, EASEMENTS, AND RESTRICTIONS OF RECORD AND INCLUD ING GORE AREA

SAID PROPERTY CONTAINS 19.31 ACRES MORE OR LESS SUP ,19 ~" ~ RECEIVED BY

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EXECUTION VERSION

All that tract or paroel ofland lying and being si1uated In Lam! Lot 147 oft.be 7th Lend District of Gwinnett Coontyt GCQl'gia and located OP tM l)uf~ and Lawrenc.eville Highway approximately S miles South of Bufotd and beicg more particutarJy described accordillg to survey and plat of G.L. Veal, Surveyor, July 10, 1937 as follows:

~at a point on the West side of the Buford l.a:Wl'Cncevfile Highway at a point where property~ conveyed jC>l:m Wld of Allen and rwm.ing 1henoe North along said highway 40 feet, more or less to a point; thence in a Westerly direction e.loog 1he cmter line of• driveway 300 fee~ more or less to a point; thence iD a Southerly direction a distance of 179 feet, more or less to an iroo pin comer on th~ North margin of the. Rock Spring$ Cburcb Road and comers of pIQpcrty of Allen and H.L. Peevy thence in an ~Y direction •distance of 316.6 feet. more or less along the Allen property lin~ to a point on the Buf<Jcrd and Lawrenceville Highway, to the point of beginning.

tESS AND EXCEPT:

Pf'Cl-Pl:;t HO.I ~:UH nil cw:tnAdCC'.iuftif P.I. No,t mw.o . Pa.rc:cl ""'· = 7& T•~: O.Ul Amu DAl-.: Au~ ~. '*iii R.evbedr hn.iuaty l1. lU'

AU 1htrt tn¢t or l:Mlrt9f 0cf land tJlng U1d ha.I~ 11' S..1'1(1 t.ou m and 1.47 at the l'il,i Uind Q!~ of GwhiMU ~ly ~ C-o~la, t:•ieh:tg mo.-e p11rtlculal'ly dHer~d n fofto-~ ·

B(!Cll1'fMNC l!it \tit poirr,t 'ii Jme~ of tN o;;tlrttf119 ft1.l11rn rt~hl of 'Wt'f ~ of ~t' ~ ?II" with e21itlng tl0f'1Mri'I f"l9M of ny lll'ICt ot ·floel4 Sprl"91o R~. n.<td potitt bittng nr.n reitt i.n of and oppostt.. si.t10t1 1H•H. 8t en th• Coni:tnictlon Catrletllbe of Ceorga Hlgtl'l!lY PJ"of.rt:t FR...oJQ.-f fZIJ •nd tunnlng l:hmce tHt"'t4'U"J •t.onv a.tel ax!~ right of wry nt. o.r RoQ< Spn"!l• Rwd • dl~C* ot n.DO r•u ta• pot~~ 111.u rat lief\ ar ~ tlppe!Jlt• S\.IUoo Ut+u,11 bn •lllf Ccn•lruttloo Ccntal"llna; lhe~ NO.:t•'"""~·••w a dlital'IC4 Qf Ul.iO fht to I point an t~ p~ty llnt Q.f a trDC'l now er (ar'llc:rly o~ by SEV'li!ftl.Y MAJOR. •·lid pa.int tiatno· ttl).OG ,., ••ft 4{ •tid oppo•lto siuton :m+11.o an qfc$ tonnruct10n ~i'llnot the'1ce NUt.i.1~n-""S 1111~ 1.1ld pnipeny 1111111 • dbt•riu 41 ll.l'O '"' to * point Oi'I ala •Kbtm; fight of •Y II.ti• Gf State Routa zu. Aid ?')In\ ta•11; '7.tJ fut left or md oppa•iLIA Sla,Uill'l :2&l+t1.P G1* uld ~ituicdon CtntuUn.., tMnea.: to1r,1~t~y. Wing 111ld o1ilti\9 i'IQht or w•r 0- • co11bl114ld dl$ll:N:e rJ rn .n ~ C.ot bM* tu 11w peint of u,£C~!-·

it:t.SrO IJN~ b the rfsht hi sitmr upon "'Y 9'nd' f4)t thil pu;pa"l ei construdlng • ~ •tlh1n tt. drf~ m11111111tnt 1ru litawn aalor.d p-tnk lit\ U\W iUl!ldiltd pl"·

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SPECIAL USE PERMIT APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

PURSUANT TO REQUIREMENT 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 SPECIAL USE PERMIT WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:

See Letter of Intent

(B) WHETHER A PROPOSED SPECIAL USE PERMIT WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY:


(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED SPECIAL USE PERMIT HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED:


(D) WHETHER THE PROPOSED SPECIAL USE PERMIT 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 SPECIAL USE PERMIT IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN:


(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 SPECIAL USE PERMIT:


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Plannlng&Developmen 3 113334816\V-1

LETTER OF INTENT

AND

RESPONSE TO STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

and other materials required by the Gwinnett County Unified Development Ordinance

for

APPLICATION TO REZONE PROPERTY FROM C-2 AND R-100/MALL OF GEORGIA OVERLAY

TO C-2/MALL OF GEORGIA OVERLAY

And for a

SPECIAL USE PERMIT TO INCREASE BUILDING HEIGHT FROM 45 FT. TO 65 FT.

for ± 20 acres ofland

known as

1124 and 1150 Rock Springs Road and 2702 Buford Drive

Land Lots 146 and 14 7, 7th District, Gwinnett County, Georgia

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Submitted on behalf of

Northside Hospital, Inc.

by Dentons US LLP

Sharon A. Gay, Esq. Dan Baskerville

303 Peachtree Street, N.E. Suite 5300

Atlanta, Georgia 30308 404.527.4676

[email protected]

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I. INTRODUCTION

These Applications for Rezoning and Special Use Permit (collectively "Application") are submitted for a 20-acre parcel of land located in Land Lots 146 and 14 7 of the 7th District of Gwinnett County and known as 1124 and 1150 Rock Springs Road and 2702 Buford Drive (collectively the "Property"). The Property is shown on the survey prepared by Land Engineering dated September 27, 2019 and filed with this Application. The Property is located in Commission District 1.

Most of the Property is currently zoned C-2. A small area at the rear of the site and the .77-acre parcel known as 2702 Buford Drive are zoned R-100. The Property lies within the Mall of Georgia Overlay District. The Applicant, Northside Hospital, Inc. by Dentons US LLP ("Northside"), now seeks approval to rezone the entire Prope1iy to C-2/Mall of Georgia Overlay to permit development of two four-story medical office/ clinic buildings, each approximately 100, 000 sq. ft., and to allow a maximum building height of 65 ft.

This document is submitted as the Letter of Intent, Response to Standards Governing the Exercise of the Zoning Power, and other materials required by the Gwinnett County Unified Development Ordinance.

II. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA

The Property is an irregularly-shaped assemblage fronting on the north side of Rock Springs Road and the west side of Buford Drive/Ga. 20 approximately Yi mile south of the interchange of Ga. 20 and I-85. It is bounded on the north by Laurel Drive, which is not open to public travel. The Property is largely undeveloped except for one residential structure, a small church and several modular buildings, and a small surface parking area along the Rock Springs Road frontage.

A small retail center is located adjacent to the northeast boundary of the Property. The Historic Rock Springs United Methodist Cemetery adjoins the western property line. A three-story townhome development is located north of the Property on the opposite side of Laurel Drive. Two small parcels at the southeast corner of the block - improved with a small church building and a residential structure - are not included in the Property assemblage or this Application. Nearby parcels are zoned C-2, R-100, RA-200, RM-8, and MUO and improved with retail shops, service businesses, convenience stores, gas stations, apartments, a fire station, and a church. A number of nearby parcels remain undeveloped.

Large scale developments are located or planned in the immediate vicinity. The Mall of Georgia and Coolray Field are located nearby. The 100+-acre assemblage on the east side of Buford Drive across from the Property recently has been rezoned to MU-R for The Exchange at Gwinnett development, a planned 1.6 million sq. ft. mixed use community of offices, grocery store, entertainment, retail, restaurants, hotel, and apartments.

The Property lies within a large area north and south ofI-85 that is designated as "Regional Activity Center" in the 2040 Unified Plan. The Plan provides that such areas "are intended to be the epicenter of a variety of forms of activity in the community including the integration of office areas.

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Areas designated specifically to be employment focused - our Workplace Centers and Innovation Districts - also include opportunities for supporting commercial and residential development."

III. INTRODUCTION TO NORTHSIDE HOSPITAL - GWINNETT

The Northside Hospital health care system is an extensive network of state-of-the-art facilities staffed with skilled, caring professionals who are dedicated to the health and wellness of the communities they serve.

Specifically, the Northside Hospital system includes:

• Five not-for-profit hospitals, located in Atlanta, Canton, Cumming, Duluth, and Lawrenceville, with more than 1,600 licensed beds;

• N011hside Hospital-affiliated outpatient centers and medical office buildings throughout the Atlanta region;

• Nearly 3,500 physicians on staff and more than 21,000 employees; and

• Nearly 4 million patient encounters annually.

• All Northside hospitals are full-service, acute-care facilities that offer particular expertise in maternity services, women's health, cancer care, sports medicine, cardiovascular and surgery services.

On August 28, 2019, Northside Hospital and Gwinnett Health System completed plans to combine their operations. Northside Hospital is the surviving legal entity, and as a result, the major facilities of the former Gwinnett Health System were renamed:

• The Gwinnett Medical Center-Lawrenceville, located at 1000 Medical Center Blvd., is called Northside Hospital Gwinnett.

• The Gwinnett Medical Center-Duluth, located at 3620 Howell Ferry Road, is called Northside Hospital Duluth.

• The Gwinnett Extended Care Center at GMC-Lawrenceville, located at 650 Professional Drive, is called the Northside Gwinnett Extended Care Center.

• The Glancy Rehabilitation Center, located at 3215 McClure Bridge Road in Duluth, is called Northside Gwinnett Joan Glancy.

Debbie Mitcham, longtime Chief Financial Officer and 25-year veteran of Northside Hospital, is the new president and CEO ofNorthside's Gwinnett health care campuses. Patients of the Gwinnett Health System will notice virtually no changes in their regimen of treatment and care. Patient and family care is the central priority of the Northside system, which is led by strong medical professionals with great passion for health care service.

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As it has done throughout its history, Northside plans to grow and strengthen the health care landscape in the Gwinnett area- hiring and developing excellent clinical staff, offering state-of-theart and teclmically proficient facilities, and ensuring a reliable environment of care for years to come.

Northside Hospital Atlanta (in Sandy Springs) opened in 1970. The original facility had 250 beds and has since been expanded to 621 beds.

In 1997, Northside Hospital Cherokee (in Canton) was created through an agreement between R.T. Jones Regional Hospital and Northside Hospital, Inc. On May 6, 2017, Northside Hospital-Cherokee moved to its brand new campus near I-575 at exit 19 (Ga. Hwy. 20), near the Canton Marketplace development. The campus includes a 126-bed hospital and two medical office buildings with a Cancer Institute and a distinct Women's Center.

In 2002, Northside Hospital purchased the 41-bed Georgia Baptist Medical Center (in Cumming) and renamed it Northside Hospital Forsyth. Since then, the facility has experienced continuous growth, expanding to 304 beds.

Northside Hospital is committed to the health and wellness of the Gwinnett community. It is dedicated to being a center of excellence in providing high-quality health care. Northside provides compassionate support, personal guidance and uncompromising standards to its patients in their journeys toward health of body and mind. To ensure innovative and unsurpassed care for our patients, Northside pursues leadership in select medical specialties, educational and outreach programs.

IV. PROJECT SUMMARY

As shown on the conceptual site plan prepared by Long Engineering dated October 2, 2019 and filed with this application (the "Site Plan"), Northside proposes to develop the Property with two four-story, 100,000 sq. ft. medical office/clinic buildings, surface parking, and landscaping. Sidewalks, landscaping, street trees, and lighting will be provided in accordance with the Mall of Georgia Overlay requirements. 1 Four entrances are proposed: two on Rock Springs Road, one on Buford Drive between the buildings, and an additional connection to Buford Drive at Laurel Springs Crossing subject to site access and governmental approvals.2 Storm water management facilities will be designed and installed in accordance with County requirements. N orthside expects that the project will be developed in two phases.

The building facades will be primarily masonry with aluminum and glass accents. This Application includes a request for a Special Use Permit to increase the allowable height from 45 ft. to 65 ft. as discussed in Section V. below.

1 Northside may seek a variance from one or more provisions of the Mall of Georgia Overlay requirements due to the challenges presented by the irregular lot shape and difficult topography.

2 The County's Rezoning Procedures and Instructions provide that a traffic study is required for "office proposals in excess o/200,000 square feet" (emphasis added). Although this plan falls below that threshold, Northside has engaged a consultant to prepare a traffic study and will provide the results to the County upon completion.

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The purpose of this development is to provide Gwinnett County residents with additional options for quality health care services closer to their neighborhoods.

V. RESPONSE TO STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

REZONING AND SPECIAL USE PERMIT

The Applicant provides the following information in response to the required analysis:

(A) Whether the pr<?posed ~ezoning . and speci~l use permit w~ll permi.t a use that is suitable in vie'Y of t~e use and developm~nt of adjacent and nearby property: Most of the Property is already zoned C-2, and the isolated R-100 areas are not suitable to develop for residential purposes. Use of the Property for mid-rise medical offices is appropriate for these major thoroughfares close to the 1-85 interchange. The recent decision by the Board of Commissioners to rezone the nearby Exchange property to MU-R reflects a policy determination to support commercial uses and development at a larger scale than currently exists in the vicinity. Allowing office use in this location will provide a balance and contrast to the retail and service uses predominant in the area.

(B) Whether the proposed rezoning and special use permit will adversely affect the existing use or usability of adjacent and nearby property: As shown on the Site Plan, the office buildings will be positioned along the Buford Drive frontage closer to the shopping center and away from the cemetery and townhomes. Site access will be provided via new driveways that do not conflict with existing ingress and egress of adjacent parcels. Employees and patients of the medical practices will provide new customers for nearby retail, restaurant, and service establishments.

Northside is requesting approval of a Special Use Permit to increase the maximum height of the office buildings from 45 ft. to 65 ft. This additional height is needed for the following reasons:

• Higher floor-to-ceiling heights than are typical for office buildings are required for this type of medical facility to accommodate imaging equipment, outpatient surgery spaces, and the utilities and ductwork required to support those functions.

• Based on market analysis, Northside believes there is a need for this amount of medical office space in this area of Gwinnett County. Providing more options for medical services for County residents closer to their homes and workplaces can enhance patient opportunities and reduce traffic congestion.

Northside respectfully submits that this height is suitable for this use and location in a Regional Activity Center. The buildings will face a four-lane State highway. Buildings of similar scale and height are planned for The Exchange at Gwinnett development on the opposite side of Buford Drive. As this area of the County evolves from undeveloped parcels to a vibrant mixed use corridor, taller bui.ldings are appropriate and even desirable.

(C) Whether the Property has a reasonable economic use as currently zoned: The reasonable economic use of the Property is commercial, which is the classifica · ost of the acreage is zoned. The portions of the Property that are zoned R-100 do ii nab le

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economic use as zoned. The rear R-100 area is landlocked except for frontage on Laurel Drive, which is not open to public travel, and is stranded between parcels zoned C-2, one of which is already developed. The other R-100 parcel fronts Ga. 20, a major thoroughfare, and accordingly is not suitable for single family residential use. Moreover, all of the parcels are designated as Regional Activity Center, which is inconsistent with the R-100 classification.

(D) Whether the proposed rezoning and special us~ permit will result ~n a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools: Unlike a residential development, the medical office/clinic will have no effect on the school system. The Property is served by a four-lane divided highway leading to 1-85 and a two-lane road with turn lanes. In addition, Northside has engaged a traffic consultant to conduct a traffic study and will work with County staff to implement any recommended improvements. Storm water management on the site will be upgraded to modern standards. Northside is not aware of any deficiencies in public or private utilities serving the Property.

(E) Whether the proposed rezoning and special use permit is in conformity with the policy and intent of the land use plan: The Property, including the portion zoned R-100, is designated as "Regional Activity Center" in the 2040 Unified Plan, which is compatible with C-2 zoning but not with the R-100 classification. This land use designation reflects an intent by the Board of Commissioners that the Property and surrounding properties should be redeveloped for a higher intensity and mix of commercial uses. Office use is specifically listed as a desired use to balance the residential and retail uses in the vicinity.

(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 and special use permit: Given the position of the Property on two busy thoroughfares, one of which is a State highway, and the planned large mixed use development across Buford Drive, a commercial development of medical offices is an appropriate use for this site. The office use will provide balance for the myriad of retail uses in the vicinity and can provide jobs for residents of the new apartments to be developed at The Exchange at Gwinnett and other nearby residential developments.

VI. CONSTITUTIONAL OBJECTIONS

The Applicant respectfully submits that the Unified Development Ordinance of Gwinnett County, Georgia, as amended from time to time and known as the "Gwinnett County UDO," to the extent that it classifies the Property in any zoning district that would preclude development of a medical office/clinic, is unconstitutional as a taking of property, a denial of equal protection, an arbitrary and capricious act, and an unlawful delegation of authority under the specific constitutional provisions later set forth herein. Any existing inconsistent zoning of the Property pursuant to the Gwinnett County UDO deprives the Applicant and Property owner of any alternative reasonable use and development of the Property. Additionally, all other zoning classifications, including ones intervening between the existing classification and that requested herein, would deprive the Applicant and Property owner of any reasonable use and development of the Property. Further, any attempt by the Board of Commissioners to impose greater restrictions upon the manner in which the Property will be developed than presently exist would be equally unlawful.

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Accordingly, Applicant submits that the cunent zoning classifications and any other zoning of the Property save for what has been requested as established in the Gwinnett County UDO constitute an arbitrary and unreasonable use of the zoning and police powers because they bear no substantial relationship to the public health, safety, morality or general welfare of the public and substantially ham1 the Applicant and Property owner. All inconsistent zoning classifications between the existing zoning and the zoning requested hereunder would constitute an arbitrary and unreasonable use of the zoning and police powers because they bear or would bear no substantial relationship to the public health, safety, morality or general welfare of the public and would substantially harm the Applicant and Property owner. Further, the existing inconsistent zoning classification constitutes, and all zoning and plan classifications intervening between the existing inconsistent zoning classification and that required to develop this Project would constitute, a taking of the owner's private property without just compensation and without due process in violation of the Fifth Amendment and Fourteenth Amendment of the Constitution of the United States, and Article I, Section I, Paragraph I and Article I, Section III, Paragraph I of the Constitution of the State of Georgia and the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States.

Further, the Applicant respectfully submits that failure to approve the requested zoning change would be unconstitutional and would discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and Property owner and owners of similarly situated property in violation of Article I, Section III, Paragraph I of the Constitution of the State of Georgia and the Equal Protection Clause of the Fourteenth Amendment of the Constitution of the United States.

Finally, the Applicant respectfully submits that the Board of Commissioners cannot lawfully impose more restrictive standards upon the development of the Property than presently exist, as to do so not only would constitute a taking of the Property as set forth above, but also would amount to an unlawful delegation of their authority, in response to neighborhood opposition, in violation of Article IX, Section IV, Paragraph II of the Georgia Constitution.

This Application meets favorably the prescribed test set out by the Georgia Supreme Court to be used in establishing the constitutional balance between private property rights and zoning and planning as an expression of the government's police power. See Guhl vs. Holcomb Bridge Road Corp., 238 Ga. 322 (1977).

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VII. CONCLUSION

For the foregoing reasons, the Applicant respectfully requests that this Application to Rezone from C-2 and R-100/Mall of Georgia Overlay to C-2/Mall of Georgia Overlay and to grant a Special Use Permit to increase maximum height from 45 ft. to 65 ft. be approved.

Submitted this~ day of October, 2019.

By:~~ -Sharon A. Atlan anaging Partner Dentons US LLP

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SPECIAL USE PERMIT 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 Date

Sharon A. Gay, Partner Type or Print Name and Title

Notary Seal

CEIVEDBY

O ~ T 0 4 h

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SPECIAL USE PERMIT 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.

Type or Print Name and Title ,,,,,,, ......... ,,,,,,

~''''~ ... N \ E S r b ,,,,, ,.,. '".r • •.. •r/0 ,, i' <8 .. ·~OTAJi~ .... 7:, '',, i"' ,' '~ (". -; i Cl),' EXPlRES \ ~ ~ : I I :

~ : GEORGIA : ~ - ' . .

Date

~ '. June 14, 2023 ,' j ':- \. I ._

~ ' , $ , ... , -'A. ~ ...

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OCI O 4 'l0",9

n\ng&Oeve\opment

5 ']9. 04



CONFLICT OF INTEREST CERTIFICATION FOR SPECIAL USE PERMIT

The undersigned below, making application for a Special Use Permit, 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. This disclosure is made on behalf of Northside Hospital, Inc., Dentons US LLP, Sharon Gay, Esq., and Dan Baskerville.

SIGNATURE OF APPLICANT DATE

IP/~ Jq DATE

TYPE OR PRINT NAME AND TITLE

Sharon A. Gay, Counsel for Northside

TYPE OR PRINT NAME AND TITLE

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?

. ~· ~ \ D YES ~NO '::> lt~

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

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION POSITION OF (List all which aggregate to WAS MADE

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

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

CEIVEDBY

OCT 0 4 2019

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VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR SPECIAL USE PERMIT

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 TAX PARCEL INCLUDED IN THE SPECIAL USE PERMIT REQUEST.

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

R - 7147 - 005 - ---7th District Land Lot Parcel

147 005

Sign· --Type or Print Name and Title

***PLEASE TAKE THIS FORM TO THE TAX COMMISSIONERS OFFICE AT THE GWINNETT JUSTICE AND ADMINISTRATION CENTER, 75 LANGLEY DRIVE, FOR THEIR APPROVAL BELOW.***

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)

v ~- Nf:Ua= /:rL: ff_

/o/z_/; '1 t fDATE

8 11 33348 16\V-1

SUP '1 0 8 4 EIVED BY

OCT 0 4 2019

Jannfn~"n " . ropment




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 GWINNETI COUNTY, GEORGIA IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.



R - 7147 - 006A 71h District Land Lot Parcel

147 006A



(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL

HAVE BEEN v:RIFIED A~· PAID CURRENT AND CONFIRM .. ED BY TH. E SIG. NATU. R~ BELOW)

'( J; r> A-- 21 NAME · TITLE

10/z__/( 1 ~DAE

CEIVEDBY U. '1 r ~4

OC T 0 4 2019 113334816\V-1

Plannfng&Development




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 .



Type or Print Name and Title

R - 7147 • 077A 7 th District Land Lot Parcel

147 077A



(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)

v;L_L~ NAME

/0 /z_ /; 'i TITLE

1 DAT%

CEIVED BV SUP '190 8 4

OCT 0 4 2019 113334816\V-1

Plannlng&Developm nt

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