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Braselton PUD Rezoning Application
Jesse Cronic Road, Tax Parcel No. 119-004J4 (Jackson County)
Property Owner-Applicant Information
Subject Property is owned by Braselton 38 LLC, an entity comprised of three
interested parties, including:
1) Jordan Company
4200 Northside Parkway
Building 3-A
Atlanta GA 30327
2) Dash, LP
4355 Cobb Parkway
Suite J 310
Atlanta GA 30339
3) McCamy Investments, LP
3076 Maple Drive NE
Atlanta GA 30305
00101398;2
Letter of Intent and Impact Analysis
Braselton, GA
PUD Rezoning Application
Requesting Rezoning from M-D to PUD
Applicant:
Braselton 38, LLC
c/o G. Douglas Dillard, Esq.
Property:
+/- 39 acres on Jesse Cronic Road
Parcel ID 119-004J4
Submitted for Applicant by:
G. Douglas Dillard
R. Baxter Russell
DILLARD SELLERS
1776 Peachtree Street NW, Suite 390N
Atlanta, Georgia 30309
(404) 665-1241
00101398;2 1
I. INTRODUCTION
Braselton 38, LLC (“Applicant”) respectfully submits this rezoning application for
property located on Jesse Cronic Road consisting of approximately 39 acres, Jackson County
Parcel ID 119-004J4 (“Property”). Applicant requests approval of this rezoning from M-D
(Manufacturing Distribution) to PUD (Planned Unit Development) to develop a master planned,
mixed-use community that includes high-quality multifamily and senior living residential,
medical office, daycare, climate-controlled self-storage, and business service space uses. As
described in the application materials now submitted, Applicant seeks to transform the Property
from unusable, large-tract industrial land into a truly unique, mixed-use community that will
positively impact the Town of Braselton and benefit surrounding residents and commercial
partners.
The Property current exists as a vacant industrial tract, with a large utility easement
bifurcating the developable area into a western tract and an eastern tract. Applicant requests
approval of this PUD rezoning and proposed master site plan to create a true mixed-use
community development combining residential uses with medical office, commercial, and small
light industrial uses. As shown on the proposed site plan, Applicant designed a development that
operates as a self-contained mixed-use community with different individual uses cohesively
working together. However, the proposed development will also serve as a positive and
contributing community for adjacent properties and the surrounding area, as Applicant’s
development creates an appropriate and beneficial use barrier between intense industrial uses
along Jesse Cronic Road and the downtown historic district. Applicant’s PUD rezoning will
allow for the development of this undeveloped land that has been zoned M-D and vacant for
many years into a positive, distinct community.
This application satisfies the standards governing the exercise of zoning power and the
planned unit development standards, as set forth in the Town of Braselton Development Code
and discussed below. The proposed mixed-use community is also consistent with the policies,
goals, and objectives of Braselton’s current and potential future comprehensive land use plans.
In order to reasonably develop the Property with a beneficial mixture of uses as shown on the
master site plan, the Applicant seeks approval of this application to amend the Property’s zoning
from M-D to PUD.
II. PUD REZONING REQUEST AND WRITTEN ANALYSIS
The Applicant satisfies all standards governing the Town Council’s exercise of zoning
power, as set forth in the Town of Braselton Development Code, Article XVIII:
A) Will the amendment requested permit a use that is suitable in view of the existing
use and development of adjacent or nearby property?
Yes—the proposed mixed-use community and requested PUD rezoning is both suitable
and complimentary to the zoning and uses of surrounding properties. The zoning of
00101398;2 2
nearby properties includes M-D, G-C, N-C, R-1, and PUD. Existing uses on surrounding
properties include large industrial warehouses and distribution centers, small to medium
scale commercial and industrial business service centers, tractor trailer truck parking and
trailer storage, and a large church campus. The Property is also located adjacent to the
residential, commercial, retail, restaurant, and civic uses in the downtown Braselton area.
The proposed mixed-use community and its variety of uses will serve as a beneficial
buffer to separate those pedestrian oriented residential, office and commercial uses on the
west end of downtown Braselton from larger scale industrial properties. The proposed
variety and mixture of uses provide a consistent balance of uses that will enhance this
area of the Town and help shape the downtown community framework. Additionally,
PUD rezoning and mixed-use community approval is not unprecedented for this area. In
January 2018, Town Council approved a rezoning from R-1 to PUD for property located
on Highway 124, adjacent to Jesse Cronic Road and near the Property, for the
development of a mixed-use community. Applicant’s request is consistent with this
recently approved PUD rezoning.
B) Will the proposed amendment adversely affect the existing use or usability of
adjacent or nearby property?
No— the proposed mixed-use community and requested PUD rezoning will not adversely
impact the use, usability, or value of surrounding properties. Instead, the proposed uses
are consistent and compatible with nearby properties. Applicant’s proposed development
will enhance the livability and character of the Town as a beneficial extension of the
downtown community.
C) Does the property to be affected by a proposed amendment have a reasonable
economic use as currently zoned?
No—the Property does not have reasonable economic use as currently zoned with the
existing M-D zoning as evidenced by the lack of development and depressed interest in
industrial use on the Property for many years. The current industrial zoning on the
Property does not reflect its location adjacent to the growing and developing downtown
community.
D) Is the subject property suitable for the zoned purposes?
The Property is not suitable for the currently zoned industrial manufacturing and
distribution uses. The Property is suitable for a Planned Unit Development, specifically
the master-planned, mixed-use community outlined in the submitted site plan and
application. The proposed mixture of residential (multifamily and senior living), medical
office, daycare, self-storage, and business service space uses are compatible with the
location and features of the Property, in addition to complimenting the zoning and uses
found on surrounding and nearby properties.
00101398;2 3
E) Will the proposed amendment result in a use which will or could cause an
overcrowding condition with respect to existing streets, transportation facilities,
utilities or schools?
No—the proposed mixed-use community will not cause overcrowding or burdening of
streets, facilities, utilities, or schools. Further, the Town’s current utility infrastructure
will adequately provide the necessary water and sewer services needed by the
development.
F) Does the proposed amendment conform to the Town of Braselton Future Land Use
Plan and Map?
Yes—the current Town of Braselton Comprehensive Plan Update 2015 (“Update 2015”)
designates this area as Industrial property within the Industry and Jobs Character Area.
These designations promote “appropriate transitions between core
warehousing/distribution areas and adjacent, smaller-scaled office parks, residential
areas, and green buffers.” (Update 2015, pg. 24). Additionally, Update 2015 describes
allowable land uses for the Property as uses compatible with the proposed site plan,
included the designated industrial, commercial, and residential uses. The proposed
mixed-use community is consistent with the development strategies of the Industry and
Jobs Character Area designation, as the Applicant’s proposed development provides an
appropriate and beneficial buffer between the intense industrial uses along Jesse Cronic
Road and the growing historic downtown district. The Applicant proposes a mixed-use
site plan the provides industrial uses on the western portion of the Property adjacent to
the currently operating industrial business services and truck parking uses. The walkable,
pedestrian oriented residential use is directed to the eastern portion of the Property,
nearby downtown commercial, retail, and restaurant uses. Herein, the proposed rezoning
and site plan provide a scalable use transition from industrial to residential use as the
Property approaches downtown Braselton. Finally—although still in development, the
draft 2020 Braselton Comprehensive Plans presents and anticipates many goals, policies,
and land use designations consistent with the Applicant’s proposed rezoning and mixed-
use community, including mixed-use and residential development on the Property.
G) Does the hardship imposed upon the individual property owner under the current
zoning conditions outweigh the benefits to the public in maintaining those zoning
conditions?
There is no benefit to the public from the imposition of the M-D zoning on the Property.
Without a rezoning to PUD and approval of a master site plan as proposed by the
Applicant, the Property cannot be developed. If the rezoning and site plan are not
approved, the Property will continue to remain vacant in its current undeveloped state,
failing to promote the health, safety, morals, or general welfare of the public.
00101398;2 4
H) Will the amendment request have a significant adverse impact on the environment,
including, without limitation, soil erosion and sedimentation, flooding, air and water
quality and water quantity?
No—the proposed PUD rezoning and development of the mixed-use community will
have no significant adverse impact on the environment. As demonstrated on the master
site plan, environmentally sensitive locations on the Property, including the identified
streams, will be adequately protected in compliance with local, State, and Federal law.
I) Will the amendment request have a significant adverse impact on the aesthetics of
the property or the surrounding area?
No—the proposed mixed-use community will complement and enhance the aesthetics
and ambiance of the surrounding area, in compliance with the Comprehensive Plan and
the Town’s vision for high-quality downtown area development. Applicant’s proposed
community will be governed by covenants and restrictive agreements, guaranteeing that
the Property will be well maintained and cohesively developed. Additionally,
Applicant’s currently proposed construction and buildout schedule is approximately 24-
48 months, such that development on the Property will not be drawn out for extended
periods of vacant or intermittent construction.
J) Are there are other existing or changing conditions regarding the use and
development of the property which give supporting grounds for either approval or
disapproval of the amendment request?
The proposed mixed-use community conforms to the Town’s current Comprehensive
Plan and the goals, policies, and land use designations considered in the draft 2020
Braselton Comprehensive Plan update. Applicant’s proposed development would
provide a variety of uses on the Property—including residential, medical office,
commercial, and small-scale industrial, to achieve consistency with the Town’s current
Comprehensive Plan and proposed future land use policies. The proposed rezoning and
mixed-use community would provide an appropriate and beneficial transition between the
industrial use core along Jesse Cronic Road and the developing downtown historic
district.
Furthermore, the Applicant satisfies all planned unit development standards, in addition
to the Town’s zoning criteria, as set forth in the Town of Braselton Development Code, Article
VII:
1) Will the proposed use(s) and intensities be detrimental to surrounding properties or
uses?
As described in detail on the Site Analysis chart of the proposed site plan and outlined
above, the proposed densities of the mixed-use community, including the multifamily and
00101398;2 5
senior living residential, daycare, medical office, self-storage and business service space
uses, are complimentary to the surrounding properties and uses. The proposed variety of
uses and the accompanying densities will provide a beneficial and appropriate transition
between the industrial uses on Jesse Cronic Road and the residences and business in
downtown Braselton.
2) Are there mitigation of impacts proposed and are they considered to be adequate
with regard to the protection of surrounding properties?
Applicant has designed and now proposes a PUD rezoning and master site plan that
adequately considers the protection of surrounding properties. The Property is bounded
by Interstate 85, Jesse Cronic Road, and industrial uses along most property lines. The
Applicant designed the site plan to provide a walkable, pedestrian oriented residential use
nearest to downtown Braselton. The site plan also provides ample spacing and buffering
between uses on the plan and against surrounding properties. By introducing a true
mixture of uses and appropriate use spacing, the mitigation of the potential impacts of the
existing master site plan has been achieved.
3) Is the proposed use compatible with surrounding uses?
Yes—the proposed mixed-use community incorporating residential, medical office,
commercial, and light industrial uses is compatible with the uses found on surrounding
properties. The mixture of uses on the Property will complement the surrounding
industrial, commercial, and limited residential uses, provide a buffer between an
industrial core and downtown Braselton, and enhance the general viability of the
downtown Braselton.
4) Is the proposed use or proposed density out of character with the Comprehensive
Land Use Plan?
As described above, the proposed mixed-use community and corresponding densities
comply with the Town’s land use plans, policies, and goals. The proposed mixture of
uses is consistent with the development strategies of the Industry and Jobs Character
Area designation, as the Applicant’s proposed development provides an appropriate and
beneficial buffer between the intense industrial uses along Jesse Cronic Road and the
growing historic downtown district. The proposed rezoning and site plan provide a
transition from industrial to residential uses as the Property approaches downtown
Braselton. The proposed mixture of uses and densities are also consistent with many
goals, policies, and land use designations considered by the draft 2020 Braselton
Comprehensive Plan.
5) Will the proposed development not otherwise be accommodated by a typical zoning
district?
No—given the location of the Property in addition to the size and the relationship
between the different uses on the Property, a PUD zoning is required. Only a PUD
00101398;2 6
zoning and master site plan can accommodate the cohesive mixed-use approach required
for this unique parcel. The Applicant recognizes the need for a comprehensive approach
to this Property and requests approval of a PUD rezoning. Additionally, Applicant’s
PUD request is consistent with the PUD rezoning approved in January 2018 on nearby
property.
6) Are there substantial design and use concepts that make the proposed development
distinct and unique?
Applicant requests approval of a PUD rezoning and master site plan to develop a true
mixed-use community within the Town. As shown on the proposed site plan and
described above, the Applicant designed a distinct mixed-use plan and layout to provide a
beneficial buffer and use transition from industrial uses on the western portion of the
Property to a walkable, pedestrian oriented residential use on the eastern portion of the
Property near downtown. Approval of the application will allow for the development of
a mixed-use community unlike any other development in the Town, as a development
with internal cohesion that also benefits the surrounding area. Furthermore, the
community development will be designed in accordance with the high-quality aesthetics
found in the surrounding area and in the downtown district, conforming to the vision
described in the Comprehensive Plan.
7) Are impacts to surrounding properties mitigated with the use of open space and
buffering?
Yes—the design of the proposed master site plan reduces potential impacts to
surrounding properties using buffering, open space, and natural boundaries. Due to its
unique location adjacent to Interstate 85, Jesse Cronic Road, and industrial buildings, the
Property has roadway buffers and more intense uses along large sections of the property
line. Additionally, the proposed site plan contains sections of open, undeveloped space—
particularly at the southeastern corner and bisecting the Property, therein mitigating any
impacts to the neighboring commercial and residential properties and between different
uses on the Property.
8) Are environmentally sensitive areas protected to the standards set forth in this
Ordinance and Code?
Environmentally sensitive locations on the Property, including land along the identified
streams, will be adequately protected or disturbances permitted in compliance with local,
State, and Federal law.
9) Will the proposed development encumber or exhaust Town infrastructure?
No—the proposed development will not encumber or exhaust the Town’s infrastructure.
In the event the Town identifies any specific infrastructure concerns, the Applicant will
work to resolve those issues together with the Town.
00101398;2 7
III. CONCLUSION
For the foregoing reasons, the Applicant respectfully requests that this PUD rezoning
application be granted as requested by the Applicant. If there are any questions about this
request, you may contact me at 404-665-1241 and [email protected], or 404-665-1224
and [email protected].
Sincerely,
DILLARD SELLERS
/s/ G. Douglas Dillard___
G. Douglas Dillard
R. Baxter Russell
00101398;2 8
Exhibit A
REQUIRED CONSTITUTIONAL AND ANTE LITEM NOTICE
Georgia law and the procedures of the Town of Braselton require us to raise Federal and
State constitutional objections during the public hearing application process. While the Applicant
anticipates a smooth application process, failure to raise constitutional objections at this stage may
mean that the Applicant will be barred from raising important legal claims later in the process.
Accordingly, we are required to raise the following constitutional objections at this time:
The portions of the Development Ordinance of the Town of Braselton, Georgia (the
“Development Ordinance”), facially and as applied to the Property, which restrict the Property to
any uses, land use designations, conditions, development standards, or to any zoning districts other
than that proposed by the Applicant are 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 I and Section III, Paragraph I 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 Development Ordinance, facially and as applied to the Property,
which restricts the Property to any uses, conditions, land use designations, development standards,
or to any zoning classifications other than in accordance with the application as proposed by the
Applicant is unconstitutional, illegal, null and void, constituting a taking and inverse condemnation
of Applicant's Property in violation of the Just Compensation Clause of the Fifth Amendment to
the Constitution of the United States; Article I, Section I, Paragraph I, and Section III, Paragraph
I of the Constitution of the State of Georgia of 1983; and the Equal Protection and Due Process
Clauses 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.
A denial of this Application would be unconstitutional under the Takings Clause of the
Fifth Amendment to the Constitution of the United States and the Just Compensation Clause of
Article I, Section III, Paragraph I of the Constitution of the State of Georgia of 1983. A refusal by
the Town of Braselton to grant the application as requested would constitute a taking of the
Applicant’s property and inverse condemnation. Because of this unconstitutional taking, the Town
of Braselton would be required to pay just compensation to the Applicant.
A denial of this Application would constitute an arbitrary and capricious act by the
Braselton Mayor and Town Council, without any rational basis therefore constituting an abuse of
discretion in violation of Article I, Section I, Paragraph I and Section III, Paragraph I 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. A refusal to grant the requested rezoning
would lack objective justification and would result only from neighborhood opposition, which
would constitute an unlawful delegation of the zoning power to non-legislative bodies in violation
of the Georgia Constitution, Article IX, Section II, Paragraph 4.
00101398;2 9
A refusal by the Braselton Mayor and Town Council, to grant the requested rezoning in
accordance with the criteria requirements as requested by the Applicant would be unconstitutional
and discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and
owners of the 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 requested by the Applicant, to the extent such
different conditions would have the effect of further restricting Applicant's utilization of the
Property, would also constitute an arbitrary, capricious and discriminatory act in zoning the
Property to a unconstitutional classification and would likewise violate each of the provisions of
the State and Federal Constitutions set forth hereinabove.
A denial of the requested rezoning would be unconstitutional. This notice is being given
to comply with the provisions of O.C.G.A. § 36-33-5 to afford the Town an opportunity to approve
the rezoning application as requested by the Applicant. If action is not taken by the Town to
approve the rezoning within a reasonable time, a claim will be filed in the Superior Court of
Jackson County demanding just and adequate compensation under Georgia law for the taking of
the Property, inverse condemnation, diminution of value of the Property, attorney’s fees and other
damages arising out of the unlawful deprivation of the Applicant’s property rights.