su-tzu huang name: su-tzu huang address · gwinnett county tax parcel(s) 2002 100. 040, & 2002...

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

.. ® Know what's below.

Call before you dig •

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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

[email protected]

LAND PLANNER: FWJ:fiTENTURES, LIT:

CONTACf: ERICJOHANSEN PHONE: (678) 571-4843 cell

[email protected]

REZONING SITE PLAN - PROPOSED C-STORE W/ GAS PUMPS

AUBURN RD & FENCE RD MA!lCH2 . 2020 / GRAPHIC SCALE :

~.mWJ..:-~l/1-~~-~IL



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 ·



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



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



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


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






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

Signature of Applica t


2 District


Date



(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






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


2 District


3 s ~6 Date



(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

su-tzu huang name: su-tzu huang address · gwinnett county tax parcel(s) 2002 100. 040, & 2002...

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