Tuesday, September 25, 2012
© Copyright 2015
Gwinnett Daily Post
LAWRENCEVILLE -- The Gwinnett County Board of Commissioners voted Tuesday to deny zoning changes for a pair of long-debated developments around Coolray Field.
The board, at the request of the applicant and recommendation of the planning commission, unanimously voted for denial of a change to proposed apartments in a 31-acre lot along Ga. Highway 20. The proposal called to increase building heights on the property from four to five stories, as well as "alter the mix of uses." Some 600 apartment units would have been included.
Attorney Lee Tucker, representing owner Brand Properties LLC, requested the denial and asked to "maintain the status quo."
Another denied proposal -- for a 19-acre lot previously under the same proposal until relationships grew sour between owners -- was more hotly contested.
The lot, along Old Peachtree Road and Ga. Highway 20, was originally zoned for commercial use as part of a master plan. Owner Garland Roberts, left in the cold after Brand Properties allegedly reneged on an agreement to purchase the property, asked for rezoning in order to build a 212-unit apartment structure.
"This property has no viable economic purpose as currently zoned," attorney Doug Dillard said, adding that "if there's ever been an unconstitutional taking of a person's property this is it."
The request was unanimously denied. Commissioner John Heard said the issue "does tear extremely at my heart strings," but called the issue a contract dispute and not a zoning one.