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<br /> <br /> <br />16 NELSON MULLINS RILEY & SCARBOROUGH LLP <br /> For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. <br />B. Adjustments for Uses/Development Levels. It is understood that except with respect to <br />development taking place within Development Area 1 (contemplated for the retail use and as the planned <br />Buc-ee’s as more particularly described herein), and the preserved green/open space areas as generally <br />depicted on the Rezoning Plan, uses and development levels set forth for Development Areas 2, 3, 4 and <br />5 may be relocated within such Development Areas 2, 3, 4 and 5 provided that the total aggregate <br />development levels for all principal uses on the Project as describe below may not be exceeded. <br /> <br />SECTION 2-4 PERMITTED USES, DEVELOPMENT LEVELS & USE RELOCATION RIGHTS <br /> <br />A. Permitted Uses Generally. <br /> <br />1. The Property may contain and may be developed with uses permitted by right in the MPD-CZ <br />district as proposed herein, together with accessory uses as allowed in the MPD-CZ district, but except as <br />expressly limited by the provisions of subsections 2-4B. and C. below. <br /> <br /> A. As submitted, the Project will allow development of individual land uses consistent with the <br />following land use categories as principal uses in accordance with Section 5.2 of the Table of Permitted <br />Uses of the County’s UDO: <br /> <br />i. Manufacturing, Assembly, Processing and Distribution Uses- Food Uses, excluding those <br />land uses identified herein; <br /> <br />ii. Manufacturing, Assembly, Processing and Distribution Uses-Other Uses, limited <br />specifically to Research Facility with Manufacturing; <br /> <br /> iii. Medical Uses, excluding those land uses identified herein; <br /> <br /> iv. Office and Financial Services Uses, excluding those land uses identified herein; <br /> <br />v. Automotive/Transportation Uses limited specifically to Motor Vehicle Service Station <br />(i.e., gas station), and Bus/Rail Passenger Shelters and land uses; <br /> <br /> vi. Retail Uses; <br /> <br />vii. Service Uses limited specifically to Eating and Drinking Establishments and Short-Term <br />Rental- Non-Host Occupied land uses; <br /> <br /> <br />Development of individual land uses shall occur consistent with the standards imposed as part of the MPD- <br />CZ approval process and those specific regulation(s) contained within the UDO allowing for the <br />development of that specific land use. <br /> <br />2. For clarity and avoidance of doubt but not to limit other uses not expressly prohibited in this Section <br />or in the MPD-CZ district, (i) a bank/financial institution or other similar use may be located on the Property <br />within one of Development Areas 2, 3 or 4 and (ii) a carwash facility or other similar use may be located <br />within Development Areas 1 as a use associated with the Motor Vehicle Service Station (gas station.) <br /> <br />3. Accessory and/or secondary uses related to and/or supporting features such as utilities, water and <br />sewer infrastructure including pump stations, lift stations and water storage facilities, stormwater facilities, <br />streets, sidewalks, bike and/or pedestrian paths (natural or man-made), green space, open space, outdoor <br />recreation equipment, seating areas, transit and bus type facilities such as Bus and Rail Passenger Shelter, <br />electric vehicle charging stations, trails, signage, telecommunications equipment, cellular towers and <br />broadband equipment, solar equipment/facilities and the like, among others, are also permitted. <br />20