Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CHANGE IN CONDITIONS APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GEORGIA
APPLICANT INFORMATION PROPERTY OWNER INFORMATION*
NAME: Su-Tzu Huang NAME: Su-Tzu Huang
ADDREss: 2368 Brown Road ADDREss: 2368 Brown Road
ciTY: Buford ciTY: Buford
STATE: GA ZIP: 30519 STATE: GA ZIP: 30519
PHONE: 770-925-9727 PHONE: 770-925-9727
CONTACT PERSON: Robert Jackson Wilson PHONE: [email protected]
CONTACT'S E-MAIL: 770-962-9780
APPLICANT IS THE:
OowNER'S AGENT 1111 PROPERTY OWNER OcoNTRACT PURCHASER
ZONING DISTRICTS(S): C-2 PRIOR ZONING CASE: RZC 07-038
PARCEL NUMBER(S): R2-002-190, 040 & 144 ACREAGE: 2.336
ADDREssoFPROPERTY: 3476 Fence Road, Dacula, GA 30019
PROPOSED CHANGE IN CONDITIONS: Revise Condition 1A to allow gas station/convenience store
RESIDENTIAL DEVELOPMENT: NON-RESIDENTIAL DEVELOPMENT:
NO. OF LOTS/DWELLING UNITS: NO. OF BUILDINGS/LOTS: 1
DWELLING UNIT SIZE (Sq. Ft.): TOTAL GROSS SQUARE FEET: 8,400
GROSS DENSITY: DENSITY:
NET DENSITY:
2 MAR 0 6 2020
Planning&Development
Legal Description
3476 Fence Road
All that tract or parcel of land lying and being in Land Lot 002, 2nd
District, Gwinnett County, Georgia and being more particularly
described as follows: BEGINNING at the southwest property corner;
thence running North 52 degrees 49 minutes 09 seconds West, a
distance of 250.00 feet to a point; thence North 24 degrees 04 minutes
25 seconds East, a distance of 210.60 feet to a point; thence North 26
degrees 26 minutes 30 seconds East, a distance of 193.80 feet to a
point; thence along a curve to the Right for an arc distance of 300.14
feet, said curve having a chord bearing of South 37 degrees 37 minutes
10 seconds East and a chord distance of 299.43 feet and a radius of
1,264.56 feet to a point; thence along a curve to the Right for an arc
distance of 55.08 feet, said curve having a chord bearing of South 26
degrees 21minutes47 seconds East and a chord distance of 55.07 feet
and a radius of 904.93 feet to a point; thence South 54 degrees 24
minutes 26 seconds West, a distance of 123.29 feet to a point; thence
South 08 degrees 56 minutes 56 seconds West, a distance of 127.67
feet to a point; thence South 61 degrees 36 minutes 47 seconds West,
a distance of 68.36 feet to a point, being the POINT OF BEGINNING.
Said tract contains 2.336 acres or 101, 767 square feet.
RECEIVED&
CIC '20017 MAR 0 6 2020
Plannlng&Oev lopmf:!nt
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RE·ROUTt OF EXISTING POWfA LINES THAT RUN ALONGTHRU THE
MIOOL.E on~E SUBJECT PROPE"ATY
JAMES THOMAS Mo\COOX 3'65fENU:RO.AO PARCEL: 2001136
ZONED: C-2
EXISTING POWE~ UN!: ANO ASS\JMEO SO' EASEMWT lOCA TION
(UOT FlfLO VERIAEOJ
SU·TZUHUANG JS l AUBURN ROo\0 M.RaL:200203fl
ZONED: C· 2
PARCFL: 2001Al2' ZONfD: C-2
SU·TZUHUANG 751AUBURHROt.D PA.AC£l: 1002016
ZONED: C-2
SOUTHERNBEUTH&m n1 .AUBURN ROAD PARC(l; 2002101
ZONEO: RA-200
SITE DATA CHART GWINNETT COUNTY TAX PARCEL(S) 2002 100. 2002 040, & 2002 144
ADDRESS OF PROPERTY 3476 FENCE ROAD. DACULA, GA
704 AUOURN ROAD, DACUlA, GA
AREA OF SUBJECT PROPERTY i2.330 ACRES
EXISTING ZONING OF SUBJECT PROPERTY c.2 (RZC.07-038)
OVERLAY DISTRICT MAU OF GEORGIA
PROPOSED ZONING OF SUBJECT PROPERTY C-2
PROPOSED USE OF SUBJECT PROPERTY c .STQRE wm1 GAS PUMPS &
RETAIUCOMMERCIAL AND RESTAURANTS
PROPOSED BUILDING SQUARE FOOTAGE !6,400SF
PROPOSED CANOPY SQUARE FOOTAGE !3,125SF
PARKING SPACES REQUIRED SEE ADJACENT PARKING REQUIREMENTS
PARKING SPACES SHOWN (INCLUDING H/C) 45 PARKING SPACES
VARIANCES REQUESTED NONE
24 HOUR CONTACT
AMIN MERCHANT 770-375-8923 cell
merchantllc@gmail . com
GENERAL NOTES 1 . M.lltll~Slft""-A'fCIHTVQ!)T0tQl.VFtnlEF~!Ul~X:94tCfC!0"1tlSf'llOW.~ n1n1 tCM.'l'nOl'n1iur-o1C1l1) ;'0C.11··1n-.11te\'l!tO CrJN).'JY.te fQP. ™t:FU'~f Cf' Df:\'El~J.IGA
C~TCRfW\l'Ht).f.S~IHJA.llJAC9tr;tOAV::~ C:Ul90f'70\CF: ™''CCl.U> ll'T..UJOe
Z.AU.IT&l30£PCrro011nc"ll0;;1n.srrlf'V.!IJAi.cti'!~ " ""'"-:o..q.1<JnvruP.&m! MN~~~rFHl•ET1CO'.MTT~Tl"'i;~~W.t'i''•'aCJFue:llT~f~.S
l. "L.l!,..llW)~-v,i~o!-IM.5'1m'nNfllcae.cu"l\.w.»aOL:.OJE.Cl t:i1~ 11.£\~'~ M"i'"lt':ll"A. OiJ GWHIEM ccum.
4 AUOlUt..-,lt~1JOH1'f.-.S OiT~GrflOMqst;\~ 'V't'•'i~ fl'ftCVIJED 9' Tl'!:~fl TO THE~F-A. G'll"Hl£nc:t".MfNllt1 11£>.01..'A'/~,f.8tl.l.l~l~ A~~ l!Cl"t£T'IOU,,..,~A,•.T('/r.;1T""""""'"~Oi~R
PARKING RQMT'S C·STORE
RETAIUCOMMERCIAL
RESTUARANT
1 SPACE/ 500 SF (MIN)
1 SPACE / 125 SF (IAAX)
1SPACE1500 SF (MIN)
1 SPACE I 200 SF (MAX)
1 SPACE 1 150 SF (MIN)
I SPACE i 75 SF (MAX)
I j ' " Pi\OPOSEO JAO: AND BORE
t120lF UNDER FENCE ROAD
tf-: · ..
i /PROPOSfDFUllACCESS ORIVEW/I\' ,
PROPOSEOSIOEWALX:;;;---- 80' ~ - - - -- -- - - -- - - -
~ ·~---~-- ·
..._ POTEN'TIAL RIGHT Of WAY DEDICATION HUOEO • TO SE OITTRtAINEO DURING PERMITTING
'""' EXISTlllG TRANS"ilSIO" PO\V<R ~ UNEANOASSUME060'E1'SEMENT LOCATIOP> {UOT FIELD VERIFIED)
I"''" .... ,, . .i ~C= !i ~ . i'.1 11 ' c;,9 .. ~.s.o r si1·;!i·.o·c
LEGAL DESCRIPTION
Alllh1ttr.ict01JW!ctlofLtM!',,t15•ndbtlng l.,LllndlDt002.2ndOi.strlct..1~d t>etnamcrep;i.rtltuJ1rtydt.ScrllMd.11!ollowi:
SEGINNING .at tht Yl~lhWt:st property <OJTM!r; thl!rK"! f\llVl lng North. S2"4!r'°'" W;m.•dht•nc!!ol2.50.00fntto.a¥Cfnt; thl!nctNorth24"04'2S" Eul,1dut01n:eo!210.60futto apotnt; th! l\CtNorthl6'2Q'30"h1t,.11 d1SW'let of l~l .SOft<?t to a potnl; them.~ ;iloni a cvrve to the IUch! fOt • n g1c d\st.l.'Y.l!Of300.l•fRt~d«1 1V<! h•ni.'\i<1d'Klrdbtanf\& OfSo\;lhlT37'10. Eul 1nd .a thonf dlmnct:! of 2'9.·U fee t o1 nd a rad1u.s cf 1~64 .56 r~t to .11
pc.lnt;\hfn.:::eal.o.ij.JOJfVtlotr.eR.Jch tfor.1:iucdi.s ta.'\Cl! Of5S.03fe-et.gld cur.·e Nw;J: •chord be.;,ir1n1of S?IJth 26'21'4r E;ut ~ 1 chvnt dh unc.e or SS.Q7 fHI .1nd " r.1dlut o l 50(.93 lee t to a polnl; then~ SW.h 54""24'26" \ViSl.ldutanceof12J.2'Jlutt.o.apolnl;ttit~!>outhGIS'S6'56"Wen, i dl.JYl\Ci! of 127.67 fut co .11 point.: tMnce !.oo.ith 61'J6'4r w~:t, ;a dlrtlnt<! ol 65.l6fH:ttoapolnt. belntlhePOINTOF SEGIHNltlG.
~llactO)ntt1rul'.ll611creso1 101.,767s.qua~fetl .
CIC '2001 I
ECEIVEDBY
MAR 0 6 2020
Planning&Development
OWNER/ DEVELOPER: {add company name here)
(add address here) (add address here)
CONTACT: AMIN MERCHANT PHONE: (770) 375-8923 cell
LAND PLANNER: FWJ:fiTENTURES, LIT:
CONTACf: ERICJOHANSEN PHONE: (678) 571-4843 cell
REZONING SITE PLAN - PROPOSED C-STORE W/ GAS PUMPS
AUBURN RD & FENCE RD MA!lCH2 . 2020 / GRAPHIC SCALE :
~.mWJ..:-~l/1-~~-~IL
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CHANGE IN CONDITIONS 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 CHANGE IN CONDITIONS WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:
Yes; the proposed use is suitable in view of nearby commercial property and uses.
(B) WHETHER A PROPOSED CHANGE IN CONDITIONS WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: No; the use will not adversely affect surrounding property.
(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED CHANGE IN CONDITIONS HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: No; because of the length of time the property has been vacant and unusable because of the existing condition.
(D) WHETHER THE PROPOSED CHANGE IN CONDITIONS WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS: No; the proposed use will relieve those facilities by providing a necessary use in close proximity to users.
(E) WHETHER THE PROPOSED CHANGE IN CONDITIONS IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: Yes; the property is designated as commercial.
(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 CHANGE IN CONDITIONS: Yes; the property has not been improved or sold in approximately 13 years since the condition was imposed.
CEIVEDBY
CIC '20 017 3 MAR 0 6 2020
Planning&Oevelopment
ROBERT JACI<SON WILSON, PC ATTORNEY A T LAW
10 LUMPKIN STREET • LAWRENCEVILLE, GEORGIA 30046
770~962-9780
ROBERT J ACKSON WILSON [email protected]
Ms. Charlotte Nash, Chairman, and Members of the Board of Commissioners
March 5, 2020
Gwinnett County Justice and Administration Center 75 Langley Drive Lawrenceville, GA 30045
Re: Change in Conditions Application Prior Case 07-038 - 3476 Fence Road, Dacula, GA
Dear Chairman Nash and Members of the Board:
This firm represents Su-Tzu Huang, the Applicant and Owner seeking the Change in Condition for the property referenced above. The property lies at the corner of State Highway 324 (Gravel Springs Road) and Fence Road. The property was rezoned commercial in 2007 in RZC-07-038. The contract purchaser who applied for rezoning in 2007 failed to close. Since that time, the Owner has attempted to market the property without success. The Owner has not been able to find a new purchaser subject to the existing conditions. The Owner has had several inquiries from potential purchasers for use as a gas station/convenience store. Because of the passage of time, current and proposed road improvements on Highway 324, and the absence of any similar service facility in the area, the Owner believes review and revision of the current conditions is warranted. Because the property has not been improved under the current conditions, it does not have a reasonable economic use as currently zoned with the 2007 conditions. The Owner respectfully submits that any action contrary to this application and the continuation of the existing conditions constitute a taking of the property in violation of the U.S. Constitution and the Constitution of the State of Georgia. The Applicant/Owner respectfully requests your approval to delete the existing prohibition on gas stations contained in Condition 1 A from RZC 2007-03 8. If you have any questions or need any additional information, please let me know.
With best regards, I am
Ve~ Robert Jackson Wilson
RJW/bka cc: Mrs. Huang ECEIVEDBY
GIG '20017 MAR 0 6 2020
.. Plamlng&Development ·
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CHANGE IN CONDITIONS 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.
SrQ nature of Applicant
Su-Tzu Huang, Applicant Type or Print Name and Title
Signature of Notary Public Date
CIC '20017 4
I Date
'''"II 1111 ,,,, ¥..SON 111,
, ... "t-....G •••••••• IA~~ ,, ' Jr.. ••.,/I// ' ~ ~ / o'tARy·· ....... n ~
... .• •.u: -
RECEIVED BY
MAR 0 6 2020
lannlng&Davelnoment
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CHANGE IN CONDITIONS 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.
. ..,.., Signature of Property Owner
Su-Tzu Huang, Owner Type or Print Name and Title
Signature of Notary Public Date
CIC '20 017 - ...
5
' I Date
,,,, .... ,,, ,,'~ 1 50N t11.''1,,
,, CJ'f' •••••••• '<is~ , ... ' ,t:f..··:; I\,RY ••••• o'~ ... ~ ··o· \. •• -;,-/ -~/........ e. ·.v--.. . ~ . -
ECEIVEDBY
MAR 0 6 2020
Plann1ng&Development
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
CONFLICT OF INTEREST CERTIFICATION FOR CHANGE IN CONDITIONS
The undersigned below, making application for a change in conditions, 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 f Applicant's Attorney or Representative
Su-Tzu Huang Type of Print Name and Title
3 ~ )-Q)-C> Robert Jackson Wilson Date Type or Print Name and Title
'''"""''' ,,, ~EN ,q.,..,,,, ,, .. ~·········· ' c.Jt~'' $ <o •• ···~O TA~·;~;.~~
"" I r • •• ~ ~ : : EXPIRES : E i GEORG 5 - .
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?
DvEs ctJ No Su-Tzu Huang Your Name
If the answer is yes, please complete the following section:
NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION WAS POSITION OF (List all which aggregate MADE
GOVERNMENT OFFICIAL to $250 or More) (Within last two years)
Attach additional sheets if necessary to disclose or describe all contributions.
RECEIVED BY
CIC '20017 6 MAR 0 6 2020
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/201 5
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR CHANGE IN CONDITIONS
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)
S~ture of Applicant
Su-Tzu Huang Type or Print Name and Title
2 District
002 190 Land Lot Parcel
Date
***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)
~' ~ I~ ·- I S'/f-~ NAME TITLE
3 -3 -;;;-a d-0 DATE
ECEIVEDBY
ClC '2001 ~ 7 MAR 0 6 2020
lann1nq&Oevelopment
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR CHANGE IN CONDITIONS
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 umber)
Signature of Applica t
Su-Tzu Huang Type or Print Name and Title
2 District
002 040 Land Lot Parcel
Date
***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 u~u ~\0¥ TSA- ~ r
NAME TITLE
tJ -G- lO DATE
RECEIVEDB
CIC '20017 7 MAR 0 6 2020
annlng&Development
Gwinnett County Planning Division Change in Conditions Application
Last Updated 12/2015
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR CHANGE IN CONDITIONS
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 umber)
Su-Tzu Huang Type or Print Name and Title
2 District
002 144 Land Lot Parcel
3 s ~6 Date
***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)
~{!,t l Hu-0!~ ISA-f 1 NAME TITLE
Z:>-lo~ ~6 DATE
ECEIVEDB
ClG '20017 7 MAR 0 6 2020
lannino&Oevelopment