NAME: Nabeel Memon c/o Mahaffey Pickens Tucker, LLP NAME ...

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 . PROPERTY OWNER INFORMATION*

NAME: Nabeel Memon c/o Mahaffey Pickens Tucker, LLP NAME: Annie Akmakjian

ADDRESS: 1550 North Brown Road, Suite 125 ADDRESS: 4 768 Wellington Drive

CITY: Lawrenceville CITY: Long Grove

STATE: GA ZIP: 30043 STATE: IL ZIP: 60047

PHONE: 770.232.0000 PHONE: 770.232.0000

CONTACT PERSON: W. Brady Hughes, Attorney for Applicant PHONE: 770.232.0000

CONTACT'S E-MAIL: [email protected]

APPLICANT IS THE:

DowNER'S AGENT DPROPERTY OWNER llllcoNTRACT PURCHASER

PRESENT ZONING DISTRICTS(S): Q-1 REQUESTED ZONING DISTRICT: C-2

PARCEL NUMBER(S): R7054 114 ACREAGE: 1.59

ADDRESS OF PROPERTY: 1207 Braselton Highway, Lawrenceville, GA 30043

PROPOSED DEVELOPMENT: Convenience Store & Retail with Fuel Pumps

RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT

No. of Lots/Dwelling Units _n_/_a ___ _ No. of Buildings/Lots: _1 _____ _

Dwelling Unit Size (Sq. Ft.): _n_/a ___ _ Total Building sq. Ft. _8_,_0_0_0 ___ _

Gross Density: _n_/_a_· ______ _ D .t +/- 5,031 square feet per acre ens1 y: _________ _

Net Density: _n_/_a _______ _

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED ECEIVEDB

2 RZC '20013 MAR 0 6 2020

lannlng&Deveiopment

LEGAL DESCRJPTION 1207 Braselton Highway, Lawrenceville, Georgia 30043

All that tract or parcel of land lying and being in Land Lot 54, of the ih District, 444 Georgia Militia District, Gwinnett County, Georgia, and being more particularly described as follows:

Beginning at a Yi inch rebar found at the Southernmost comer of the mitered intersection of the Northerly right-of-way of Old Fountain Road and the Easterly right-of-way of Braselton Highway (a.k.a. Georgia Highway 124); thence along said right-of-way of Braselton highway North 32°45159 11 West a distance of 35.24 feet to a Yi inch rebar set; thence continuing along said right-of-way, following a curve to the left, said curve having an arc distance of318.25 feet and a radius of 868.51 feet and being subtended by a chord bearing North 19°40105 11 East a distance of 316.48 feet to concrete right-of-way monument found; thence leaving said right-of-way South 66°44159 11 East a distance of 221.84 feet to a 1-inch open top pipe found; thence South 15°45135 11 West a distance of 209.78 feet to a 1-inch rod found; thence South 68°13 13611 East a distance of 126.76 feet to a Yi inch rebar found on the northerly right-of-way of Old Fountain Road; thence along said right-of-way, following a curve to the right, said curve having an arc distance of 98.59 feet and a radius of 1440.00 feet and being subtended by a chord bearing South 89°3211211 West a distance of 98.57 feet to a calculated point; thence North 87°49123 11

West a distance of253.61 feet to THE TRUE POINT OR PLACE OF BEGINNING.

Said tract or parcel of land containing 1.595 acres. Said tract or parcel of land is also subject to an overlap in deeds of record as illustrated on a Re-Zoning Plat prepared for Nabeel Memon, by Adam & Lee Land Surveying dated March 2, 2020

· ECEIVEDB

MAR 0 6 2020

lannfng&Development

~

THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT

LEGEND A ARC R RADIUS C CHORD R/W RIGHT-OF- WAY N/ F ADJOINING OWNERSHIP BC BACK OF CURB CLF CHAIN LINK FENCE SSL BUILDING SETBACK LINE CMP CORRUGATED METAL PIPE CONC CONCRETE ~ CONCRETE CMF CONCRETE MONUMENT FOUND C&G CURB & GUTTER CP V CALCULATED POINT DI DROP INl.£T EP EDGE OF PAVEMENT FH FIRE HYDRANT IPFD IRON PIN FOUND DISTURBED IPF 1 /2" REBAR

Wi].i:. i&~'J~lh %~ OTP OPEN TOP PIPE PL PROPERTY LINE PP POWER POLE D.B. DEED BOOK P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.R. POINT OF REFERENCE RB REBAR - n -STORM LINES TSE TRAFl'lC SIGNAL BOX TSP TRAFl'lC SIGNAL POLE WF WOOD FENCE TYP TYPICAL WM WATER METER WV W ... TER VALVE - z-OVERHEAD UTILITY LINES

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f FLOOD HAZARD STATEMENT: mus PROPERTY DOES NOT LIE WITHIN THE 1:1: ANNUAL FLOOD (100-YEAR FLOOD) FEDERAL FLOOD HAZARD AREA >S PER PANEL NO. 13135C 0060F DATE: SEPTEMBER 29, 2006

GRID

NOTE: LOC...TION OF WATER LINE IS APPROXIM°'TE. ILLUSTRATED >S Sc...LEO FROM GWINNETT COUNTY G.l.S.

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NOTES:

AREA 1.595 ACRES 69,516 SQ. FEET

SCALE : 1" = 40'

o· 20' 40• so·

FIELD INFORMATION FOR THIS SURVEY W>S ~~·~~ , • -~~ 1 .. " OBTAINED WITH .._ 5 SECOND THEODOLITE

RZG '20 fJ1

EIVEDBV

MAR 0 6 2020

Plannlng&Development N/F

PALMER DAVID ETAL (NO DEED FOUND OR PROVIDED)

1123§ OW fOON'TAIN RD!

1132

ANO AN ELECTRONIC DISTANCE METER.

THE F1ELD D ... T ... UPON WHICH THIS MAP OR PLAT IS BASED HAS .._ CLOSURE PRECISION OF ONE FOOT IN 148,706 FEET AND AN ANGULAR ERROR OF 00 SECOND(S) PER ANGLE POINT ANO W>S ADJUSTED BY ~SQUARES.

THIS MAP OR PLAT HAS BEEN CALCULATED FOR CLOSURES AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 81 ,158 FEET.

"Ll IRON PINS LABELED >S SET OR FOUND

8~~ b"J7aFwik1~~,.i6EBAR ROOS, ("Ll 1/2" REBAR W/ CAP) INFORMATION REGARDING THE REPUTED PRESENCE, SIZE. CHARACTER AND ~TION OF EXISTING UNDERGROUND UTIUTIES AND STRUCTURES IS SHOWN HEREON, THERE IS NO CERTAINTY OF THE °'CCURACY OF THIS INFORMATION AND IT SHALL BE CONSIDERED IN ™°'T LIGHT BY THOSE USING THIS DRAWING. THE LOc...TION AND ARRANGEMENT OF UNDERGROUND UTIUllES AND STRUCTURES SHOWN HEREON MAY BE INACCURATE ANO UllUllES AND STRUCTURES NOT SHOWN MAY BE ENCOUNTERED. THE OWNER, HIS EMPLOYEES, HIS CONSULTANTS, AND HIS CONTRACTORS SHAU. HEREBY DISTINCTLY UNDERSTAND THAT THE SURVEYOR IS NOT RESPONSIBLE FOR THE CORRECTNESS OR SUffiCIENCY OF THIS INFORM ... TION SHOWN HEREON.

NOTES: UNLESS STATED OlliERWISE HEREON, ONLY EVIDENCE OF E"5EMENTS OR STRUCTURES THERETO WHICH ARE READILY APPARENT FROM A C...SUAL ABOVE GROUND VIEW OF PREMISES ARE SHOWN. NO UABIUTY IS ...SSUMED BY THE UNDERSIGNED FOR LOSS RELATING TO THE EXISTENCE OF ANY E...sEMENT NOT DISCOVERED FROM MY C...SUAL ABOVE GROUND VIEW OF THE PREMISES.

UNLESS ST°'TED OlHERWISE HEREON, 1lilS SUIM:Y WAS PREPAAEO WITHOUT BENEFIT OF AN "8STRACT OF 1111.£. NO UABIUTY IS ...SSUt.IED BY lliE UNDERSIGNED FOR LOSS RELATING TO ANY MATTER THAT MIGHT BE DISCOVERED BY AN "8STRACT OR l1TLE SEAACH OF THE PROPERTY.

THIS PIAT OF SURVEY MAKES NO WARRANTY OR GUARANTEE "5 TO THE EXISTENCE OF ANY E"5EMENTS OF ANY TYPE. NO "8STRACT OR TITLE SEARCH W...S PERFORMED TO DISCOVERED lliE EXISTENCE OF ANY EASEMENTS.

ONLY ACTS OF POSSESSIONS, IF ANY, THAT ARE VISIBLE FROM C...SUAL INSPECTION OF lliE PROPERTY AAE SHOWN HEREON. NO WARRANTY OR GUARANTEE IS IMPLIED "5 TO THE EXISTENCE OF ACTS OF POSSESSION BY lliE ...oJOINERS TO THE LANDS SHOWN AND DESCRBED HEREON.

UNLESS STATED OlliERWJSE, GOVERNt.IENT~ JURISDICTIONAL ARE"5 OR NEG.l.TIVE E...sEMENT, IF ANY, WHICH MIGHT IMPACT ON THE USE OF lliE PREMISES WERE NOT ~TED. NO LIABILITY IS "55Ut.IED BY THE UNDERSIGNED FOR ANY LOSS RESULTING FROM THE EXERCISE OF ANY GOVERNMENTAL JURISDICTION AFFECTING THE USE OF THE PREMISES. REPRODUCTIONS OF THIS SKETCH AAE NOT VALID UNLESS SIGNED, DATED, AND SEALED WITH .._ SURVEYOR'S SEAL.

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4~~ 1..:>-'~ (TYP) 11 28 -• - 1130 /~~ .. -- ... -...-.. '1 126 _ ,

/ ; .....--· PLP - - z APP~~~s~~-z-,_,_,_,_,_,_,_, z ...!'t--· -·- ' --------- -~------- - ---------VERTICAL DATUM BASED ON Y- FORCE MAIN~" -ss -= -u -= -u -ss = .. -=.:,. ,. __ _____ _ .l"~_FQ.R_p~g_w,_~o_!!L!_ _ ______ _ GWINNETT COUNTY MONUMENTS: - -u -ss -ss \ >S REQUIRED BY SUBSECTION (d) OF O.CGA SECTION 15-6-67 GC909 ELEV-112s.2 & / IGWIN~Wfl:0'J~ Gisi CURRENT ZONING: PROPOSED ZONING: THIS PLAT HAS BEEN PREPARED BY" LANO SURVEYOR AND APPRDVEii

I GC989°' ELEV-1126.9 ZONING PER 0-1 (OFFICE INSTll\lllONAL) ZONING PER C-2 (OffiCE INSTll\lllONAl BY~ APPLIC...SLE LOCAL JURISDICTIONS FOR RECORDING "5 E.VIOENCED

NOTES: ~3~Naz~~K REQUIREMENTS: ~3~tt?Naz~~CK REQUIREMENTS: ruc~~~~Rc...~!~~R~'o~~ ~~N~~~~11l~~ON. IN MY OPINION THIS PUT IS .._ CORRECT FRONT - 15' FRONT _ 15• APPROPRIATE GOVERNMENTAL BODIES BY ANY PURCHASER OR USER REPRESENT ... TION OF THE LAND PLATTED UTILITY PROTIECTION CENTER SIDE - 1 o' SIDE - 1 o' OF THIS PLAT >S TO INTENDED USE OF ANY PARCEL AND HAS BEEN PREPARED IN CONFORMITY IF YOU DIG GEORGIA. REAR - 25' REAA _ 30' FURTHERMORE. THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT WITH THE MINIMUM STANDARDS AND ~ c...LL US FIRSTl .. MAXIMUM BUILDING HEIGHT _ 35• MAXIMUM BUILDING HEIGHT _ 35• THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR REQUIREMENTS OF THE UW. ~ BUFFER FROM RA-200 _ SO' BUFFER FROM RA-200 _ 75• PROPERTY SURVEYS IN GEORGIA >S SET FORTH IN THE RULES AND THIS SURVEY HAS BEEN PREPARED FOR THE 8 1 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REGU :no S OF THE GEORGIA BOAAD OF REGISTRATION FOR PROFESSIONAL EXCLUSIVE USE OF THE PERSON OR EN1111ES NAMED NOTE: NOTE: ENGi AND LAND SURVEYORS AND >S SET FORTH IN O.C.GA HEREON. NO EXPRESS OR IMPLIED WARRANTIES IT' ZONING INFOR~TION SHOWN HEREON ZONING INFOR~TION SHOWN HEREON SE N l 5- 5-s7

•

~Eo~ES1~E~ ii°E ~6~~M.f'd1~s~~~oNs 5 THE LAW I EXISTING CONDITIONS I i~:Co:~~oJ0t~~~E~~ i~~~o~~~oJ0t~~~E~~~ J"l.IES .... JAcoes 03 02 2020

OR ENl1l1ES OlliER THAN lliOSE SHOWN HEREON. THREE WORKING DAYS BEFORE YOU DIG ~s zg~~EPORT PROVIDED FOR ~e z~~~~ REPORT PROVIDED FOR PRINTED NAME ~ PROJECT DESCRIPTlON: REZONING PUT FOR:

ADAM & LEE LAND SURVEYING DATE OF PIAT PREP~llON 03/02/2020 BY: DWJ

DATE OF FIELD SURVEY

NABEEL MEMON 5640 GA. HWY. 20 S.

02/28/2020 BY: "I.IS D.S. 44278. PG. 49 P.B. 54, PG. 7

LOGANVILLE, GA. 30052 {770 )554-8995 1207 BR>SELTON HIGHW ... Y, UWRENCEVILLE. GEORGIA 30043 SCALE: 1 · - 40· SHEET I 1 OF 2

COUNTY: GWINNETT DISTRICT: 7TH W"ll'W.adamancllee.com FAX=(770)5M-81M LAND LOT: 54 SECTION: 20043-S

THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT

LEGEND A ARC R RADIUS C CHORD R/W RIGHT-OF-WAY N/F ADJOINING OWNERSHIP BC BACK OF CURB CLF CHAIN LINK FENCE BSL BUILDING SETBACK LINE CMP CORRUGATED METAL PIPE CONC CONCRETE ~ CONCRETE CMF CONCRETE MONUMENT FOUND C&G CURB & GUTTER CP V CALCULATED POINT DI DROP INLET EP EDGE OF PAVEMENT FH FIRE HYDRANT IPFD IRON PIN FOUND DISTURBED IPF 1 /2" REBAR

Wik ~&~~RR~ %~AP OTP OPEN TOP PIPE PL PROPERTY LINE PP POWER POLE D.B. DEED BOOK P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.R. POINT OF REFERENCE RB REBAR - n -STORM LINES TSB TRAFFIC SIGNAL BOX TSP TRAFFIC SIGNAL POLE WF WOOD FENCE TYP TYPICAL WM WATER METER WV WATER VALVE - z -OVERHEAD UTILITY LINES

) NOTES: FIELD INFORMATION FOR THIS SURVEY Wf>S OBTAINED WITH A 5 SECOND THEODOLITE ANO AN ELECTRONIC DISTANCE METER.

THE FIELD DATA UPON WHICH THIS MAP OR PLAT IS BASED Hf>S A CLOSURE PRECISION OF ONE FOOT IN 148,706 FEET AND AN ANGULAR ERROR OF OD SECOND(S) PER ANGLE POINT AND Wf>S ADJUSTED BY LEf>ST SQUARES.

THIS MAP OR PLAT Hf>S BEEN CALCULATED FOR CLOSURES AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 81, 158 FEET.

ALL IRON PINS LABELED f>S SET OR FOUND (IPS OR IPF) ARE 1/2" REBAR ROOS,

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GWINNETT COUNTY PARCEL NUMBER I PARCEL ID (PIN) 7054 114

N I PROPOSED CONDITIONS I ~~~~~~~~~~~=========c2~~~~~~~~~~~c~~~~!~~=

f FLOOD HAZARD STATEMENT: iTHIS PROPERTY DOES NOT LIE WITHIN THE 1:-.: ANNUAL FLOOD (100-YEAR FLOOD) FEDERAL FLOOD HAZARD AREA f>S PER PANEL NO. 13135C 0060F DATE: SEPTEMBER 29, 2006

N/F PFS GROUP ll.C

D.B. 56975, PG. 586 11227 BRASELTON HWYi

AREA 1.595 ACRES 69,516 SQ. FEET

AREA OF SUBJECT PROPERTY I 1.595 ACRES / 69,516 SQ. FEET --------------------~------------------------EXISTING ZONING OF SUBJECT PROPERTY I 0-1 --------------------r------------------------PROPOSED ZONING OF SUBJECT PROPERTY I C-2 (COMMERCIAL)

~~~~~~~~~~~~~~~~===[~~~~~~~~~~~~~~======== PROPOSED BUILDING SQ. FOOTAGE I 3,000 SQ. FEET SCALE : 1" = 40' --------------------r------------------------

o· - -l I ~R~P_<:>:_ED_ ~-3~ :~ !~~~ ______ 1 _:.~o~ ~°.:_ ~ _____________ ___ _

BO' PARKING SPACES REQUIRED i 8 MINIMUM SPACES / 30 MAXIMUM SPACES 20' 40'

PAAKlNG SHOWN - - - - - - - - - - - - - 1- l4-PAAKiNG SPACES -SHOWN ( 22 -sT"°ANOAAD_ &_ 2_ H"AsiiicN>-, GRID

NOTE: LOCATION OF WATER LINE IS APPROXIMATE. ILLUSTRATED f>S SCALED FROM GWINNETT COUNTY G.l.S.

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RZC'20 1

MAR 0 6 ZOZO

lanning&Development N/F

PALMER DAVID ETAL (NO DEED FOUND OR PROVIDED)

n 236 olb FOUNTAIN Rbl

PARKING REQUIREMENTS: MINIMUM PARKING MAXIMUM PARKIN C-STORE W/GAS 1 PER 500 S.F. C-STORE W/GAS RETAIL 1 PER 500 S.F. 1 PER 200 S.F.

GENERAL NOTES: THIS RE-ZONING SITE PLAN IS INTENDED TO CONVEY THE PROPOSED LAND USE CHANGE FROM R-100 TO C-2 FOR THE PORPOSE OF DEVELOPING A C-STORE WITH 6 GAS PUMPS AND ADJACENT RETAIL COMMERCIAL SHOPS.

ALL ITEMS DEPICTED ON THIS RE-ZONING PLAN ARE CONCEPTUAL IN NATURE AND WILL REQUIRE THE APPROVAL OF GWINNETT COUNTY THRU THE COMMERCIAL DEVELOPMENT PERMIT PROCESS.

ALL LANDSCAPING SHOWN ON THIS SITE PLAN IS CONCEPTUAL AND IS SUBJECT TO TH REVIEW AND APPROVAL OF GWINNETT COUNTY.

ALL EXISTING INFORMATION Wf>S OBTAINED FROM PREVIOUS SURVEYS PROVIDED BY THE APPLICANT TO THE DESIGNER, GWINNETT COUNTY G.l.S., READILEY AVAUBLE AERIAL INFORMATION AND VISUAL INSPECTION FROM A SITE VISIT BY THE DESIGNER.

ANY CONFLICTS WILL BE RESOLVED OURVEU THE PERMITTING PROCESS.

NOTES:

VERTICAL DATUM BASED ON GWINNETT COUNTY MONUMENTS: GC909 El.EV-1125.2 & GC989A ELEV-1126.9

UNLESS STAlED OTHERWISE HEREON, ONLY EVIDENCE OF EASEMENTS OR STRUCTURES THERETO WHICH AAE READILY APPARENT FROM A Cf>SUAL ABOVE GROUND VIEW OF PREMISES AAE SHOWN. NO UAlllUTY IS ASSUMED BY THE UNDERSIGNED FOR LOSS RELATING TO THE EXISTENCE OF ANY EASEMENT NOT DISCOVERED FROM MY CASUAL ABOVE GROUND VIEW OF THE PREMISES.

UNLESS STAlEO OTHERWISE HEREON, THIS SUR'>£Y WloS PREP.IRED WITHOUT BENEFIT OF AN ABSTRACT OF TITLE. NO UABIUTY IS ASSUMED BY THE UNDERSIGNED FOR LOSS RELAJlNG TO ANY MATIER THAT l.llGHT BE DISCOVERED BY AN ABSTRACT OR mu: SEARCH OF THE PROPERTY.

THIS PLAT OF SUR',£'( MAKES NO WAARANTY OR GUAAANTEE loS TO THE EXISTENCE OF ANY EASEMENTS OF ANY TYPE. NO ABSTRACT OR mu: SEARCH WloS PERFORMED TO DISCOVERED THE EXISTENCE OF ANY EASEllENTS.

ONLY ACTS OF POSSESSIONS, IF ANY, THAT AAE VISIBLE FROM CASUAL INSPEC'TIDN OF THE PROPERTY AAE SHOWN HEREON. NO WAARANTY OR GUARANTEE IS IMPLIED f>S TO THE EXISTENCE OF ACTS OF POSSESSION BY THE ADJOINERS TO THE LANDS SHOWN AND DESCRIBED HEREON.

UNLESS STAlED OTHERWISE. GOVERNMENTAL JURISOIC'TIONAI. AAEAS OR NEGATIVE EASEMENT, IF ANY, WHICH MIGHT IMPACT ON THE USE OF THE PREMISES WERE NOT LDCAlEO. NO UAllUJIY IS ASSUMED BY THE UNDERSIGNED FOR ANY LOSS RESULTING FROM THE EXERCISE OF ANY GOVERNMENTAL JURISDIC'TION AFl'EC'TING THE USE OF THE PREMISES. REPRODUC'TIONS OF THIS SKETCH ARE NOT VAIJD UNLESS SIGNED. DAlEO, AND SEALED WITH A SURVEYOR'S SEAL

"<./-t<"''-.1/ -----=::t:::::= / ·--·- ...... "'-... -t f ~ _ n _ - (TYP) ~i [

/ _.......-' PLP::\':.=_-:-::__~uz---;._,_,_, -- ,..--- t..---< ~ y' ~OXIMATE LO~ -z-z-z-z pp ,..--- , . ----------~ ---- -------------~g~ ~~ .. -ss -ss -ss -u _--;;:::=-,; =;. -=-:~ .. -ss -ss -u .-----------..------------i ;;s REOWREo- eY su~~~1~%i-~~~~\EcTION l5~5:-61~

I SCALED FROM I \ CURRENT ZONING: PROPOSED ZONING: THIS PLAT Hf>S BEEN PREPARED BY A LAND SURVEYOR AND APPROVED GWINNETT COUNTY GIS \ ZONING PER 0-1 (OFFICE INSTITUTIONAL) ZONING PER C-2 (OFFICE INSTITUTIONAL BY ALL APPLICABLE LOCAL JURISDIC'TIONS FOR RECORDING f>S EVIDENCED

NOTES: IN MY OPINION THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED ANO Hf>S BEEN PREPARED IN CONFORMITY WITH THE MINIMUM STANDARDS AND REQUIREMENTS OF THE LAW.

THIS SURVEY Hf>S BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON OR ENTITIES NAMED HEREON. NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION SHOWN HEREON IS TO BE EXTENDED TO ANY PERSONS OR ENTITIES OTHER THAN THOSE SHOWN HEREON.

PROJECT DESCRIPTION:

INFORMATION REGARDING THE REPUTED PRESENCE. SIZE. ~3~Ngz~~K REQUIREMENTS: ~3~Ji?Ngz~~CK REQUIREMENTS: ruJr~~~fil111t'iiCA~R!~~R~o~iff~ g~N~~~°Wmr~~ON CHARACTER AND LOCATION OF EXISTING UNDERGROUND UTILITIES FRONT - 15' FRONT - \5' ~P~isR~~T G~YEfoN~~A/iJOBkEf::::: :~~~ER OR USER

.__ ____ UTI_UTY_P_RO_TE_CTI_O_N_C_ENTER _ ___, ~D TH~~~~~ ~:~~s ~~~':;,.,~~~~ ~ ;~~ ~~-=- 12°5' ~w,.,~-=- 1fo· ~~:ti¥o~BM~fu u~~~~EalN~~ ~~~2:t. ~~tio~6R

~ IF YOU DIG GEORGIA... CONSIDERED IN THAT LIGHT BY THOSE USING THIS DRAWING. MAXIMUM BUILDING HEIGHT -. 35' MAXIMUM BUILDING HEIGHT- , 35' PROPERTY SURVEYS IN GEORGIA t>S SET FORTH IN THE RULES AND

CALL US FIRST! THE LOCATION ANO ARRANGEMENT OF UNDERGROUND UTILITIES BUFFER FROM RA-200 - 50 BUFFER FROM RA-200 - 75 REGU :no S OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAi.

8 1 1 ANO STRUCTURES SHOWN HEREON MAY BE INACCURATE ANO NDre- - - - - - - - - - - - - - t;cITT:;- - - - - - - - - - - - - - ENGi AND LANO SURVEYORS AND f>S SET FORTH IN O.C.GA

UTIU11ES AND STRUCTURES NOT SHOWN MAY BE ENCOUNTERED. ZONING INFORMATION SHOWN HEREON ZONING INFORMATION SHOWN HEREON SE N 15- 5- 57•

IT'S THE LAW ~~ ~l!u.EM:iif~i~~~v°~~~=D ~T ~ ~:Co:~6"oJ0~~ttiiE~R~ 1~~o~icMoJ0~~ttiiE~i~ JAMES A. JACOBS 03/02/2020

~~=~~ ~~T,.::~~~~~~~4i°: ~~w~O~R~~ OR ~sz~~~~EPORT PROVIDED FOR ~l~~~REPORT PROVIDED FOR PRINTED NAME DATE THREE WORKING DAYS BEFORE YOU DIG

REZONING PLAT FOR:

ADAM & LEE LAND SURVEYING NABEEL MEMON

5640 GA. HWY. 20 S. 1207 BRASELTON HIGHWAY, LAWRENCEVILLE. GEORGIA 30043 LOGANVILLE, GA. 30052 (770 )554-8995 COUNTY: GWINNETT DISTRICT: 7TH ( GMO #4

W'll'W.adamancllee.com FAX=(770)5M-81M LAND LOT: 54 SECTION: 20043-P



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 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 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 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.

ECEIVEDB

3 RZC '2001 2 MAR 0 6 2020

lanning&Development

REZONING RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

(A) Yes, the proposed development will permit a use that is suitable in view of the use and development of adjacent and nearby property. The Property is currently vacant, and the proposed development would complement the surrounding uses by offering area residents needed convenience-retail and neighborhood-commercial.

(B) No, the proposed development will not adversely affect the existing use or usability of any of the nearby properties.

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

(D) No, the proposed development will not result in an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. The proposed development offers retail and fueling options for the surrounding residential neighborhood.

(E) Yes, the proposed development is in conformity with the policy and intent of the Gwinnett County 2040 Comprehensive Plan. The proposed development would encourage walkability and create a neighborhood node for nearby residents by offering a small-scale market where residents can get small groceries and other convenience items.

(F) The Applicant submits that the subject Property's current vacancy and lack of interest from office and institutional users, its location at the intersection of Old Fountain and Braselton Highway, and the Property's close proximity to both State Route 316 and Interstate 85 offer additional supporting grounds for approval of the Application.

CEIVEDB

RZC '20013 MAR 0 6 2020

lannlng&Developmen

LETTER OF INTENT FOR REZONING APPLICATION

Mahaffey Pickens Tucker, LLP, on behalf of Nabeel Memon (the "Applicant"), submits

this Letter of Intent and the attached rezoning application (the "Application") for the purpose of

allowing the development of an approximately 1.6-acre site located at the northeast comer of the

intersection of State Route 124 (aka Braselton Highway) and Old Fountain Road (the

"Property"). Currently, the Property is zoned 0-I under the Gwinnett County Unified

Development Ordinance (the "UDO). In accordance with the Application, this Letter of Intent is

offered in support of the Applicant's proposal to rezone the Property to the C-2, General

Business District, zoning classification to permit development of small-scale neighborhood-retail

space, including a convenience store with fuel pumps.

The proposed development currently includes a site design that features approximately

8,000 square feet of floor area, with a single fuel pump canopy and 31 parking spaces. The

building proposed would include attractive architecture and building materials, featuring

elements such as stacked stone, a brick masonry fa<;ade, raised parapets, front-window canopies,

and an arched front-entrance awning. Further, the parking, fuel canopies, and ancillary

improvements will be developed-with the welcomed input of County staff-in a manner that

complies with the UDO, is attractively designed, and prioritizes the safe flow of pedestrian and

vehicular traffic. Included would be landscaped transitional buffers, outdoor seating areas, scaled

entrance monuments and signage, and screened service, equipment, and trash areas. Further, the

development would feature convenience-retail that services surrounding residents and local

commuter traffic. In addition to everyday convenience goods, the Applicant hopes to provide

additional fresh and specialty food items.

Although the area surrounding the Property is primarily residential, the adjacent land to

the north of the Property, along Braselton Highway, is likewise zoned 0-1. Also, there is

preceding commercial zoning approximately a half-mile further north on Braselton Highway at

Prospect Church Road. Furthermore, although currently vacant and largely undeveloped, the

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lanning&Development

Property is situated in north-central Gwinnett County along a major connecting artery between

State Route 316 and Interstate-85. In 2018, the stretch of Braselton Highway on which the

Property is located serviced approximately 19,400 drivers per day.

Pursuant to the foregoing, and given the Property's pin-corner location at the intersection

of Braselton Highway and Old Fountain Road, the proposed development could reasonable serve

as a future neighborhood node integrated with surrounding residential uses. The Gwinnett

County 2040 Unified Development Plan specifically encourages "corner/neighborhood-serving

retail" as a potential development type for the Emerging Suburban Character Area in which the

Property is located. Accordingly, the Applicant respectfully submits that the proposed

development would permit a use that is compatible with adjacent uses, and, in furtherance

thereof, requests, as appropriate, buffer reductions to accommodate development along boundary

lines common with adjacent residential uses.

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 Application filed

herewith. The Applicant respectfully requests your approval of this Application.

Respectfully submitted this 6th day of March, 2020.

MAHAFFEY PICKENS TUCKER, LLP

W. Brady Hughes

Attorney for Applicant

zc '20 0 l j

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lanning&Development



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 THE BOARD OF COMMISSIONERS.

Date

W. Brady Hughes, Attorney for Applicant Type or Print Name and Title

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lanning&Development



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 THE BOARD OF COMMISSIONERS.

Signature of Applicant Date

Type or Print Name and Title

3 0 Signature of Notary Public

ECEIVEDBY 4

MAR 0 6 2020

Gwinnett County Planning Division Rezoning Application Last Updated 2/2014

REZONING 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

Signature of Notary Public Date Notary Seal

~ +o+e o-fJ / // ,· f1 o /s {(J '4n+y of' l 0. fe

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MAR 0 6 2020

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· CONFLICT 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-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

W. Brady Hughes, Attorney for Applicant

SIGNA T E PPLICANT'S DATE ATTORNEY OR REPRESENTATIVE

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS

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

DYES [i] 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 (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.

6 [(lC '20 u I .:)

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lannlng&Development _ ..... vtJinent


Last Updated I 2/20 I 5

CONFLICT 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-1, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required inform tion on the forms provided.

SIGNATURE OF APPLICANT DATE TYPE OR PRINT NAME AND TITLE

SIGNATURE OF APPLICANT'S DATE TYPE OR PRINT NAME AND TITLE ATTORNEY OR REPRESENTATIVE ,,,,,uu11111 · ,,,, ERIN ,,,,.

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0 ~ ~ .••eoMMt~9;· •• ( ~ ~~/.$ N0~~1-;;\<U,~

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DISCLOSURE OF CAMPAIGN CONTRIBUTION~,,oU~·rv'-···---~~0,,~ I/I 'Y ' ~\\"\ ,,,,,,..,,,,

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 ~o D QJo fl W\JJVV10 \tJ YOUR NAME

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

. DATE CONT:RIBl!JiTION (List all .which aggregate

to $2_50 or _Mo.re) WAS MADE

(Wi~hin last' two· years)

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

CEIVEDBY

6 RZC '2001 3 MAR 0 6 2020

Planning&Development



VERIFICATION 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 TAX PARCEL INCLUDED IN THE REZONING REQUEST.

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

Bl- - O Stf - ifl( District Land Lot Parcel

Signature Ii nt Date

bf,~ A&tJ£0 ~lt M firpp }rrcfil' 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)

-_L~,o- J be' mJ TITLE

DATE

ECEIVEDBY

7 RZC '20013 MAR 0 6 2020

lannlng&Development

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AND PROVIDE SPECS FOR WINDOW SHADE DEVICE

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f1\ FRONT ELEVATION ~SCALE: 1/4" = 1'-0"

(2\ REAR ELEVATION ~SCALE: 1/4" = 1'-0"

---0-25'-ll f BUILDING HEIGHT

---0-19'-0" METAL COPING ---0-18'-0" TOP OF STONE VENEER

---0-16'·2" J BOX LOCATION

---0-11'·0" LIGHTING HEIGHT ---0-10'·0" AWNING HEIGHT

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------0-11'·0" LIGHTING HEIGHT

------0-0'-0' A.F.F.

ALL DOCUMENTS ARE TO BE BUILT AND BID BASED ON THE MOST STRINGENT CODES. GC TO VERIFY THAT ALL ~H CONSTRUCTION IS BUILT TO CODE AND THAT BIDS PROVIDED INCLUDE THE MOST RECENT CODE PER THE ® MUNICIPALITY. FAILURE TO DO SO WILL RESULT IN THE RELIEF OF LIABILITY OF THE OWNER. ARCHITECT, ENGINEER. AND DESIGNER. DRAWINGS ARE PROVIDED AS REFERENCE ANO NOT ALL CONDITIONS ARE DETAILED. IF THERE ARE ANY DISCREPANCIES IN THE PLANS AND THE FIELD CONDITIONS THE CONTRACTOR MUST NOTIFY THE ARCHITECT OR ENGINEER OF RECORD. FAILURE TO DO SO WILL RESULT IN A DENIAL OF CHANGE ORDER REQUEST.

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DRAWN BY: LBS CHECKED BY: WLW DATE:G.28.18 PROJECT: REVISION: REVISION:

EXTERIOR ELEVATIONS

DRAWING NUMBER

A2.0

JUSTIFICATION FOR REZONING APPLICATION

The portions of the Gwinnett County Unified Development Ordinance (the "UDO") which

classify or may classify the property which is the subject of this Application (the "Property") into

any less intensive zoning classification or with conditions of zoning other than as requested by the

Applicant, are or would be unconstitutional in that they would destroy the Applicant's property

rights without first paying fair, adequate and just compensation for such rights, in violation of

Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due

Process Clause of the Fourteenth Amendment to the Constitution of the United States.

The application of the UDO as applied to the subject Property, which restricts its use to the

present zoning classifications and conditions, is unconstitutional, illegal, null and void, constituting

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

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

United States, Article I, Section I, Paragraph I, and Article I, Section I, Paragraph II of the

Constitution of the State of Georgia of 1983, and the Equal Protection Clause of the Fourteenth

Amendment to the Constitution of the United States denying the Applicant an economically viable

use of its land while not substantially advancing legitimate state interests.

The Property is presently suitable for development under the C-2 zoning classification, and

is not economically suitable for development under the present 0-1 zoning classification and

conditions of Gwinnett County. A denial of this Application would constitute an arbitrary and

capricious act by the Gwinnett County Board of Commissioners without any rational basis

therefore, constituting an abuse of discretion in violation of Article I, Section I, Paragraph I and

Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, and the Due

Process Clause of the Fourteenth Amendment to the Constitution of the United States.

RZC '20D1. 2

I ECEIVEDB

MAR 0 6 2020

lann1ng&Development

A refusal by the Gwinnett County Board of Commissioners to approve the Application with

such conditions as agreed to by the Applicant, so as to permit the only feasible economic use of the

Property, would be unconstitutional and discriminate in an arbitrary, capricious and unreasonable

manner between the Applicant and owners of similarly situated property in violation of Article I,

Section I, Paragraph II of the Constitution of the State of Georgia of 1983 and the Equal Protection

Clause of the Fourteenth Amendment to the Constitution of the United States. Any approval of the

Application, subject to conditions which are different from the conditions by which the Applicant

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

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

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

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

Constitutions set forth hereinabove.

Accordingly, the Applicant respectfully requests that the Application submitted by the

Applicant relative to the Property be granted and that the conditions of zoning be modified as shown

on the respective application.

This 6th day of March, 2020.

MAHAFFEY PICKENS TUCKER, LLP

W. Brady Hughes Attorneys for Applicant

fllC '20 0 t 3

CEIVEDBY

MAR 0 6 2020

lannmg&Deveiopment

NAME: Nabeel Memon c/o Mahaffey Pickens Tucker, LLP NAME ...

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