Planning Board - 110420 Attachment 1

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14 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. non-residential … developments within Transition Areas to use Best Management Practices (BMP’s) for stormwater control, as outlined in the [UDO], to ensure that potential adverse impacts on the water quality of existing and proposed reservoir sites are avoided .” [Objective LU-2.3; see also EC-1 and NA-4]; o To “[D]evelop a process for implementing small area plan recommendations through the revision of County policies and regulation .” [See below discussion implementation of recommendations of the Efland-Mebane Small Area Plan]; o To [E]ncourage “compact higher density development in areas served by water and sewer” and “ mixed use projects that support walkable communities.” [Objective ED-2.1, among others] x As described herein, the Project will include appropriate provisions for the extension of water and sewer service at requisite levels to the Project without adverse consequences to other areas of the County and the Project’s mixture of uses is consistent with the Comprehensive Plan and will include enhanced sidewalks and vehicular and pedestrian connectivity and internal walkability. Provision for transit shelter is being made. Environmental commitments include BMP’s and other protections to ensure avoidance of adverse impacts on water quality. C. Consistency with Efland-Mebane Small Area Plan. x The Comprehensive Plan highlights the importance of small area plans informing the broader Comprehensive Plan as follows: “Development of Small Area Plans has allowed the County to take a more detailed look at targeted areas in the County. The goals and objectives of these Plans provide a foundation for improving the County’s Comprehensive Plan to effect needed change in these locations .” x Chapter 5 of the Comprehensive Plan references the development and adoption of the Efland- Mebane Small Area Plan in June 2006 to include an assessment of the existing plans for the area, analysis of existing infrastructure, land uses and economic conditions and land use related implementation recommendations. x The “Goal” of the Efland-Mebane Small Area Plan states that the “[planning area should be well- served by reliable infrastructure to accommodate orderly, planned growth….An efficient multi - modal transportation system will operate in the area] and commercial and light industrial uses both in the planning area and nearby will provide job opportunities to area residents.” x Consistent with the Comprehensive Plan, the Efland-Mebane Small Area Plan identifies land areas that are in the process of changing and are suitable for higher densities upon provision of appropriate public utilities and services within a 20-year horizon. It also states that non-residential uses may be appropriate as implemented in a potential overlay district. The Efland Interstate overlay district set out in Section 4.4 of the UDO is an example of such an appropriate overlay district, and it was “established to provide for a more urban style of development in an area of the County served, or intended to be served by public water and sewer systems .” x The Property is located within the Southeast portion of the planning area of the Efland-Mebane Small Area Plan, a portion of the planning area that “enjoys access to major transportation facilities including Interstate 40/85 and the US 70 Connector. Because of this, development potential for the area is high.” 18