Planning Board - 110420 Attachment 1

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13 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. B. Consistency with Comprehensive Plan. The Rezoning Plan is consistent with the intent and core values of the Comprehensive Plan as follows: x The Comprehensive Plan provides that: “the Future Land Use Map defines the location of coordinated and appropriate land use classes and is designed to accommodate a particular combination of land uses that would achieve a desired pattern of development…. As a result of the County’s strong commitment to the Future Land Use Map, it can be and is used as a primary tool by staff, the Planning Board, and elected officials during review of re-zonings. The Map also provides the development community and staff with clear guidance to the locations in the County where re-zonings may be appropriate and where they are not.” x The Future Land Use Map of the Comprehensive Plan designates the Property and portions of nearby land as “Commercial-Industrial Transition Activity Node, which is defined under the Comprehensive Plan as “Commercial-Industrial Transition Activity Node: Land near major transportation routes that could be provided with public water and wastewater services and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office and limited (not to exceed 25% of any Node) higher density residential uses.” x The Project provides for a mix of uses consisting of retail, commercial uses, light industrial/distribution/flex space uses, and offices uses – all such uses being expressly contemplated for the Commercial-Industrial Transition Activity Node, for which the Property is expressly designated under the Comprehensive Plan. x It is noted that the Future Land Use Map calls for very few such Commercial-Industrial Transition Activity Nodes, which reinforces the appropriateness of the location of the Project being squarely at “major transportation routes” and accompanying interchange of I-40/85 and Mt. Willing Road and interchange of I-40/85 and I-85 Connector. The appropriateness of the Property, including its location along these major transportation routes, for the designation of intensification for commercial-industrial uses, makes the Property one of the most appropriate locations if not the most appropriate location within the County for the proposed uses that will support in a balanced manner the corresponding community planning goal for providing job opportunities of area residents. x Other objectives of the Comprehensive Plan, in addition to the more tailored recommendations and objectives set forth in the Efland-Mebane Small Area Plan described below, include, among others: o To “[C]oordinate the location of higher intensity/higher density … non -residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e. water and sewer, high speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. [Objective LU-1.1; see also ED-2.1, ED- 2.3, ED-2.10 and WW-2]; o To “[E]ncourage energy and water use in an efficient manner by industries and encourage energy efficient industries to locate or expand in the County in Rural Industrial, Commercial/Industrial, and Economic Development Nodes.”[Objective LU-3.9]- To “[R]equire 17