Last Updated 2/20 14 REZONING APPLICATION AN APPLI CATION TO AM END THE OFFI CIAL Z ONING MAP OF GWINNETT COUNTY, GA. APPLICANT INFORMATION Cypress Truck Lines, Inc. c/o Mahaffey Pickens NAME: Tucker, LLP OWNER INFORMATION* NAME: Ra lph F. McGee ADDRESS: 1550 North Brown Road, Suite 125 ADDREss: PO Box 307 CITY: Lawrenceville CITY: Du luth state: Georgia ZIP: 30043 STATE: Georgia Z IP: 30096 PHONE: 770.232.0000 PHONE: 770.232.0000 CONTACT PERSON: Shane Lanham PHONE: 770. 232.0000 \ \ CONTACT'S E-MAIL: slanham@mptlawfirm.com APPLICANT IS THE: D OWNER'S AGENT D PROPERTY OWNER I XX I CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C-2 REQUESTED ZONING DISTRICT: M-1 LAND DISTRICT(S): 6 LAND LOT(S): 266 ACREAGE: +/- 1.687 ADDREss of PROPERTY: 3886 Bufo rd Highway, Duluth PRoPosED DEVELOPMENT: Truck Terminal with gravel parking RESIDENTIAL DEVELOPMENT N/A No. of Lots/Dwelling Units NON-RESIDENTIAL DEVELOPMENT No. of Buildings/Lots: _1 N/A +/-1 010 Dwelling Unit Size (Sq. Ft.): Total Building Sq. Ft., Gross Density: _N_/_A D. +/-605 square feet per acre ens1ty: ----------- Net Density: _N_/_A PLEASE ATTACH A LETTER OF INTENT EXPLAIN ING WHAT IS PROPOSED RECE\V RZC '18 01 2 Plann\ng Oeve\opment
LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 266 of the 6th Land District of Gwinnett County, Georgia and being more pm1icularly described as follows: Beginning at an iron pin located on the southeasterly right-of-way line of Buford Highway (U.S. Route 23); thence South 33 19'25 " East 379.09' to an iron pin found; thence North 85 24' 02" West 106.01 ' to an iron pin set; thence North 89 12' 50" West 138.08' to an iron pin set; thence South 80 09'20" West 74.06' to an iron pin set; thence North 41 10' 14" West 181.27' to a rightof-way monument found on said right-of-way of Buford Highway; thence continuing along said right-of-way North 53 19'27" East 173.69' to an iron pin set; thence North 48 17'54" East 118.50' to the point of beginning. REC \V RZC '18 0 ~ lv11-d 0 Li. 2018 Plannin Deve\ m n 1
LEG~D IPF "' IRON PIN FOUND IPS "' IRON PIN SET BL., BUILDING LIN CL = CENTERLINE PL PROPERTY LINE LLL LAHO LOT LINE R/li.. RIGHT.Qf WA'1' HH., MANHOLE. WM WATER METER DE DRAINAGE EASEMENT SSEa SANitARY SEWER EASE~1ENT CB.. CATCH BASIN CD D CROSS DRAIN HW HEAD WALL \ : ~.- '}0 ~~..1-. '~(j.. -~-r- {) ~- f/1~. 0~. ~~ f;'j~ 'JYr<. '(1)." N.33 Jq':25"f'lll,l2' N/F LARRY tiean HALL..:-N- 2. DEED BOOk 3 1 31~, PAGE 102. 3. PREV10J5 5URVEY OF PRoPERlY BY 6RAHT SHEPARD AND ASSOC. la TE5 'f--r ~ ~ ({) ~- / \<o_,. // ~ / \(// -:;._,?-ra' \'r. / / // // // / ~~ GENERAL NOTES.... <II!. / EGIUIF'I"ENT ljtil!zed o.t.opcon 61':>- 9B TOTI'il.. STATION AND HP--4eeX DATA COLLECTOR.. 1'HE INFORMATION U5ED IN THE PREPARATrON OF THIS PLAT WAS C.AL.CU.ATED FOR c.lbsure AND HAS A CLOWRE PREGI510N ~ ~~,J~OfOcf~.~~~tfWB.f~Afi'IN 100,00', ALL HATTERS PERTAINING TO TITLE ARE EXcEPit:D. THIS PLAT IS A CORREC.TREPRESENl'ATION OF THE LAND PLATTED AND HAS BEEN PREPARED IN C.ONFORMilY WITH THE MIN\MJM 5TANDA!~D5 AND REGIUIREHENTS OF LA1'1. {ie) 1.681 ACRES GOOESHAM JPL.ANNING & DEVELOIP~~~ IWC. P~O. 'BOX.225S CLARKESVlLLE,.GEORGIA 30523 PH. 706.754.9844 FAX. 706.754-7145 ll:vibion DATE SUf<.VEY FOR RALPH FORREST Me-GEE LAND LOTS 166 ~ 161 OF THE 6th DISTRICT Glt HNNETT COUNTY, $EORGIA FIELD:.JTH, ~CP, ZM PLOTTED: RL5. DISC: DRAWN: SDE DATE: 25 FEB 2001 SCALE: I" = 60' RZC '18 01 Plann\n (\j ~ y 0 4 2018 Oeve\opment
15' Power Pole Sidewalk Existing Structures To be Removed 25'-8" BUFFORD HWY 17'-5" Access 36'-1" Power Pole 50' 21'-10" 130' 156'-4" 48' 15' Power Pole Setback Line Elec. Box Rails 15' 25' 140' 10' (Gravel) 110'-2" 100' Easement Georgia Power 100' 48' 25' 100' Easement Georgia Power Parking Spaces 48'x10' (Gravel) Setback Line 48' 44'-5" MAY RD 25' 15' 35' Access 100' Power Pole Power Pole SitePlan.com Site Plans When You Need Them NOTES: 1- Building setbacl lines per Gwinnett County UDO: Front: 50 Feet / Side 25 Feet 2- According to Gwinnett County s Geographic Information Service, this property is not in a floodplain. Parcel No. (APN) 6-266 -008 Land Use Cat. RESIDENTIAL Land Use Desc. SINGLE FAMILY RESIDENCE Building/Lot Ratio 0.01 No. of Units 1 Gross Acreage: +/-1.687 acres Net Acreage: +/-1.433 acres 3886 Buford Hwy Duluth, Ga 30096 Scale:1"=60'
Last Updated 2/20 14 REZONING APPLICAN T 'S RESPON SE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER PURSUANT TO REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE, THE BOARD OF COMMISSIONERS FINDS THAT THE FOLLOWING STANDARDS ARE RELEVANT IN BALANCING THE INTEREST IN PROMOTING THE PUBLIC HEALTH, SAFETY, MORALITY OR GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND SHALL GOVERN THE EXERCISE OF THE ZONING POWER. PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY: (A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY: Please see attached (B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: Please see attached (C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: Please see attached (D) WHETHER THE PROPOSED REZONING WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS: Please see attached (E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: Please see attached (F) WHETHER THERE ARE OTHER 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 RZC '18 01 Z 3 Plannin Dev lop 1
REZONING & SPECIAL USE PERMIT APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER (A) (B) (C) (D) (E) (F) Yes, the proposed development will permit a use that is suitable in view of the use and development of adjacent and nearby property. The proposed development is adjacent to high-intensity commercial and industrial uses and is compatible with the character of surrounding development. No, the proposed development will not adversely affect the existing use or usability of any of the nearby properties. In light of the size, location, layout, topography, and nature features of the property and in conjunction with the nature of surrounding development, the Applicant submits that the subject Property does not have reasonable economic use as currently zoned. No, the proposed development will not result in an excessive or burdensome use of the infrastructure systems. The Property is located on Buford Highway (US Route 23) with convenient access to Pleasant Hill Road and Interstate 85. Yes, the proposed development is in conformity with the policy and intent of the Gwinnett County 2030 Unified Plan which encourages infill development that is compatible with surrounding uses. The Applicant submits that the character of surrounding development and the proximity of the Property to major transportation corridors provide additional supporting grounds for approval of the proposed development. RZC '18 012
Mahaffey Pickens Tucker, LLP ATTORNEYS AT LAW Matthe\v P. Benson Gerald Davidson, Jr.* Brian T. Easley Kelly 0. Faber Mary Grace Griffin Christopher D. Holbrook Nicholas N. Kemper Shane M. Lanham LETTER OF INTENT FOR REZONING AND SPECIAL USE PERMIT APPLICATIONS OF CYPRESS TRUCK LINES, INC. Austen T. Mabe Jeffrey R. Mahaffey David G. McGee Steven A. Pickens Thomas A. Simpson Andrew D. Stancil R. Lee Tucker, Jr. *Of Counsel Mahaffey Pickens Tucker, LLP submits this Letter of Intent and attached Rezoning and Special Use Permit Applications (the "Applications") on behalf of Cypress Truck Lines, Inc. (the "Applicant"), related to an approximately 1.687-acre property situated along Buford Highway (U.S. Route 23) south of its intersection with Pleasant Hill Road (the "Property"). The Property is currently zoned C-2. The Property includes a single-family home and accessory structures. The Applicant is requesting to rezone the Property to the M-1 zoning classification with a special use permit for Truck Terminal in order to utilize the property for vehicle and trailer parking on a gravel-surface parking lot. As depicted on the site plan submitted with the Appl~cations, the property will have two entrances. One on Buford Highway and the other on May Road. The Applicant is proposing to utilize the prope1iy as a gravel parking lot to park trucks and trailers in connection with its hauling business. No loading or unloading of cargo will occur on the Property. Further, the Applicant is not planning to erect any additional structures on the Property aside from installing a gravel parking lot. However, the existing building could be preserved and utilized as office space. The surrounding area is characterized by heavy commercial and industrial uses. Across Buford Highway there is an equipment rental business as well as a constr e e Sugarloaf Office II 1550 North Brown Road, Suite 125, Lawrenceville, Georgia 30043 tay 0 4 2018..., NorthPoint Office II 111 75 Cicero Drive, Suite 100, Alpharetta, Georgia 30022 RZC '18 0 1 2 TELEPHONE 770 232 0000 FACSIMILE 678 518 6880 WW\v.mptla\vfirm.com Ianning Dev \op
supplier with active rail spur and associated loading facilities. To the south across May Road is an additional construction n1aterials supplier with rail spur and associated loading facilities as well as multiple warehouses buildings. The proposed use is compatible with the policy and intent of the 2030 Plan which encourages land uses that are compatible with surrounding development. The proposed gravel parking lot and truck and trailer parking is compatible with existing heavy commercial and industrial 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 1natters set forth in this letter or in the Applications filed herewith. The Applicant respectfully requests your approval of the Applications. Respectfully submitted this 4th day of May, 2018. PICKENS TUCKER, LLP EC 'V MAY 0 tt 2018 P/annina D '' I m
Last Updated I 2/20 I 5 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. 5" -1-1 [( Date Type or Print Name and Title 7 Date Notary Seal R'ZC '18 012 4 RECEIV J \ t i 01d P/anrin D If Jn rr P"
Last Updated 2/2014 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. Shane Lanham, Attorney for the Applicant Type or Print Name and Title RZC '18 012 4
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. Date Type or rint Name and Title Harrison Scott, Notary Public Georgia, Gwinnett County W-00300952 Expires Oct 23, 2020 Signature of Notary Public Date Notary Seal RZC '18 01 z R6 EV 5
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-I, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the require~ information on the forms provided. DATE SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE DATE TYPE OR PRINT NAME AND TITLE J/)/Jott DATE NOTARY SEAL 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 JXl NO YOUR NAME If the answer is yes, please complete the following section: NAME AND OFFICAL. POSITION OF GOVERNMENT OFFICIAL CONTRIBUTIONS (List all which aggregate to $250 or More) DATE CONTRIBUTION WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. v RZC '18 0.1 z t\:1-\ y. 4 2018 6 Pia.nin 0
Last Updated 2/20 14 CONFLICT OF INTEREST CERTIFICATION FOR REZONING The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-6 7 A-1, et. seq, Conflict of Interest in Zoning Actions, and has submitted or attached the required information on the forms provided. F APPLICANT DATE TYPE OR PRINT NAME AND TITLE Sl A Shane M. Lanham, Attorney for Applicant,,,,,,,,,, TYPE OR PRINT NA[';\~ AND TITLE,,,, ~ E BUb,,,,... ' ~~....'7-t"~'"..., ~ :.t..- ~OTA,ty_,.:.. 0 -:. ;::,~; : EX.~-:. = ~: PIRES v -: : : GEo~ :~= 3'-JO.-mRBe~~o.. = ~~. I :' :., '"k,o(j G. ~... -:., ~:... BL\.. ~"-,... " v~..... :0~,, DISCLOSURE OF CAMPAIGN CONTRIBUTIONS '',,,,f,,lr co,,,,,,'' '"'" 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? ~YEs D No Mahaffey Pickens Tucker, LLP If the answer is yes, please complete the following section: YOUR NAME NAME AND OFFICAL POSITION OF GOVERNMENT OFFICIAL See attached. CONTRIBUTIONS (List all which aggregate to $250 or More) DATE CONTRIBUTION WAS MADE (Within last two years) Attach additional sheets if necessary to disclose or describe all contributions. RlC '18 01 fvi/4 y 0 4 i018 6 li"j nin
CONFLICT OF INTEREST CERTIFICATION FOR REZONING/CHANGE IN CONDITIONS AND SPECIAL USE PERMIT APPLICATIONS MAHAFFEY PICKENS TUCKER, LLP NAME AND OFFICIAL POSITION OF GOVERNMENT OFFICIAL John Heard CONTRIBUTIONS $2000 DATE 02/20/201 8 RZC '18 012 E IV Updated 03/01/2018
Last Updated 2/20 14 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. * N ote: A SEPARATE VERIFICATION FORM M U ST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST. PARCEL I.D. NUMBER: (Map Reference Number) ~ Signature of Applicant 6 266 District Land Lot Shane Lanham, Attorn ey for the Applica nt Type or Print Name and Title 008 Date Parcel TAX COMMISSION ERS 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 SIG ATURE B L9W) 1 k ~0. (J). { ATE RlC '18 012 7 t