Planning Board - 110420 Attachment 1

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5 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. I. OVERVIEW AND INTRODUCTION SECTION 1-1 INTRODUCTION, PURPOSE AND INTENT The master planned concept for Efland Station (the “Project” or “Efland Station”) is to create a mixed-use unified development providing a variety of retail, service, hotel, dining, and light industrial/office flex space uses consistent with the Orange County 2030 Comprehensive Plan adopted November 18, 2008 (the “Comprehensive Plan”) and the governing 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 the County’s Unified Development Ordinance (“Ordinance” or “UDO”) to ensure quality site and architectural design, significant open space preservation, landscaping and buffer treatment protections for 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 light industrial and other master planned commercial 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. Given the scope and mixed-use nature of the Project, it is appropriate to submit the Project rezoning through an application for a Master Plan Development Conditional Zoning District (MPD-CZ), the purpose of which is to: … provide for unified large-scale subdivisions, non-residential, and mixed-use developments that promote economical and efficient land use, improved level of amenities, appropriate and harmonious variety, creative design, and a better environment through the approval of a general Master Plan. To that end, and in accordance with the provision of Section 2.9.2 of the (UDO), we hereby submit this application request to rezone the approximately 104.55 acres of land generally depicted on Sheet C1.0 (the Property”) to the Master Plan Development Conditional Zoning (MPD-CZ) designation to allow for the development of the Project consistent with the land uses, development standards and other terms and provisions of this rezoning plan (including these Development Standards and accompanying Sheets, the “Rezoning Plan”). As such, this Rezoning Plan contains the standards and guidelines to be utilized by the County to evaluate various development projects submitted for approval within the Property, as outlined in the Table of Contents above. The Project is designed with consideration of the continuity and protection of surrounding land uses and existing, on-site, environmental features by utilizing generous land use buffers and providing large scale open space areas totaling at least 38% of the Project (as more particularly described below). The Project is designed with consideration of the continuity and protection of surrounding land uses and existing, on-site, environmental features by utilizing generous land use buffers and providing preserved/dedicated open space areas totaling 23.04 acres of the Project (as more particularly described 9