Planning Board - 110420 Attachment 1

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12 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. II. Land Use Program SECTION 2-1 PROJECT DESCRIPTION A. Generally. As stated, the master planned concept of the Project is to create a mixed-use unified development providing a variety of retail, service, hotel, dining, light industrial/office flex space uses consistent with the Comprehensive Plan and the Efland-Mebane Small Area Plan which supports “retail and other commercial uses and/or manufacturing and other industrial uses” for the area. The Project and its mixture of uses will be designed in a manner consistent with the guiding principles of the Efland-Mebane Small Area Plan and UDO to ensure quality site and architectural design, significant open space preservation, landscaping and buffer treatment protections of adjoining properties, appropriate water and sewer infrastructure installations, an improved roadway network and streetscape improvements supporting vehicular and pedestrian connectivity and appropriate access management. In addition to providing mixed uses as contemplated by the Efland-Mebane Small Area Plan, the Project will be anchored by a Buc-ee’s Travel Center. Buc-ee’s is an iconic family travel destination (not a truck stop) that will offer fuel, fresh food, unique merchandise, and famously clean restrooms to North Carolina residents and visitors. Together with the planned commercial and light industrial uses, Buc-ee’s will generate substantial tax benefits and create well-paying job opportunities to area residents as desired by the Comprehensive Plan and the Efland-Mebane Small Area Plan. B. MPD-CZ Zoning. Development of the Property will be governed by the Rezoning Plan (including without limitation this Narrative and all Sheets attached hereto) as well as the applicable provisions of the UDO. Unless the Rezoning Plan establishes alternate standards, the regulations established under the UDO for the MPD-CZ zoning classification for the Property shall govern all development taking place on the Property; it being understood that adherence to the regulations of the MPD-CZ includes a recognition that the “MPD-CZ district is intended to allow for flexibility in dimensional standards” and as to the “applicable use standards detailed in Article 5 and applicable development standards detailed in Article 6 of [the] Ordinance” allows “creative alternatives” that meet the intent and spirit of the regulations. SECTION 2-2 CONSISTENCY WITH COMPREHENSIVE PLAN, EFLAND-MEBANE SMALL AREA PLAN & OTHER PLANS/DESIGNATIONS A. Generally; Changing Conditions. The requested rezoning of the Property to the MPD-CZ district is consistent with the Comprehensive Plan, the accompanying Future Land Use Map of the Comprehensive Plan, the Efland-Mebane Small Area Plan adopted June 27, 2006, the Efland Interstate Overlay District provisions of the UDO, the Orange County/Town of Hillsborough Joint Planning Land Use Map and the WASAMPBRA Map Designation. In addition to the consistency of the Project with community plans and the UDO, the approval of the Project will reflect changing conditions in the Triangle area and this portion of Orange County to support the location and development of non-residential land uses serving as both an income and job generator most importantly for area residents but also the region as a whole. The mix and scale of the uses, and also the extent of the preserved green/open space, complement the area while preserving the quality of life in this area of the County. This Project will support funding for the changing and growing needs for governmental services throughout the County while staying consistent with the objectives of the Comprehensive Plan and the Efland-Mebane Small Area Plan and therefore in a manner that promotes the public health, safety and general welfare. 16