Planning Board - 110420 Attachment 1

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15 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. x The Possible Future Land Use – Map 30 of the Efland-Mebane Small Area Plan Planning Area designates the portion of the Site located outside of the Water Supply Critical Area as Mixed Use. Since the adoption of the Efland-Mebane Small Area Plan, the Critical Watershed Area has been adjusted, and now no portion of the Property is located within the Critical Watershed Area. x Furthermore, the Efland-Mebane Small Area Plan makes the following specific recommendations relevant to the Property located within the southeast portion of the planning area: “1. The southeast portion of the planning area should be considered for “Mixed Use” designation to be developed only when public water and sewer systems area available to the area. 2. Guidelines for site and architectural design should address: “façade materials; architectural details; impervious surface limits; landscaping and buffering; preservation open space; access management; signage and site orientation. 4. The status of the Seven Mile Creek Reservoir should be decided and if a reservoir will not be created, the “Critical Area Line should be reevaluated…. The following recommendations are made if the Critical Watershed line is revised; a) Growth served by public water and sewer should be allowed north of the Interstate in the vicinity of the Mt. Willing Road/Interstate 40/85 interchange (A revision to the WSMPBA Map would be required to implement this recommendation.)”. As noted above, the Critical Watershed Area has been revised and no portion of the Site is located within that area. c) The need for additional water quality Best Management Practices (BMPs) should be evaluated since the Seven Mile Creek would continue to be a water supply watershed.” IMPORTANTLY, the Rezoning Plan and descriptions that follow demonstrate compliance with the above-referenced recommendations of the Efland-Mebane Small Area Plan. Part C of the Efland-Mebane Small Area Plan references certain transportation guidelines/recommendations to support mobility, transit and the roadway network in the area. As described below in the Rezoning Plan, commitments regarding transportation and pedestrian infrastructure improvements set forth herein will support the transportation matters in the vicinity of the Project and in other parts of the planning area and beyond. D. Consistency & Compliance with Efland Interstate Overlay & MPD-CZ Requirements. In addition to the Project’s consistency with the Comprehensive Plan and the Efland -Mebane Small Area Plan as described above and in the remainder of the Rezoning Plan, the Project will also comply with the provisions of Section 4. 4 of the UDO applicable to the Efland Interstate Overlay District and the additional standards of for the MPD-CZ district set out in Section 6.7 of the UDO. SECTION 2-3 PROJECT DEVELOPMENT AREAS A. Generally & Boundaries. For ease of reference and as an organizing feature associated with the master planned nature of the Project, a series of 6 Development Areas (as defined in Section 1-5 above) are generally depicted on Sheets C2.0 & 2.1 along with preserved green/open space areas and a utility tower parcel. The exact boundaries of the Development Areas, preserved green/open space areas and the utility tower parcel may be modified to account for Development/Site Elements (as defined below) and other modifications needed to fulfill the design and development intent of the Rezoning Plan. Please note in this context, modification refers specifically to location and not required minimums. An approved dimensional standard (i.e. floor area ratio limits, minimum percentage of property reserved/preserved as open space, minimum number of required parking spaces, etc.) shall be adhered to unless otherwise modified in accordance with the provisions of the UDO. 19