Triangle Land Use Alert January 7, 2009 Authors: Eric M. Braun eric.braun@klgates.com 919.743.7315 Mack A. Paul, IV mack.paul@klgates.com 919.743.7326 Jason L. Barron jason.barron@klgates.com 919.743.7343 K&L Gates comprises approximately 1,700 lawyers in 28 offices located in North America, Europe and Asia, and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, please visit www.klgates.com. Public Comment Period for Draft Raleigh Comprehensive Plan After significant time and effort by the City and its consultants, the much anticipated draft of the Raleigh Comprehensive Plan was released in early December 2008. The Comprehensive Plan, which is the first rewrite of its kind in over two decades, sets forth development related policies for the next twenty years for the City. While undertaking to assess what components of the prior plan remain relevant, the draft Comprehensive Plan represents a new methodology in land planning for Raleigh. The draft plan addresses more than just land use. For the first time the Comprehensive Plan contains elements devoted exclusively to environmental protection, economic development, housing, arts and culture, and many other aspects of modern day life in our City. In fact, of the 300+ pages of the draft, the very first page pronounces Raleigh's "Commitment to Sustainable Development." Certainly a new age of thinking for our bright and vibrant community. In addition to embodying these new elements, the planning scheme for the Comprehensive Plan is now parcel based. Thus, each parcel within Raleigh will be designated with specific use classifications. With recent changes in North Carolina statutory law appearing to elevate the importance of the Comprehensive Plan in the rezoning process, these parcel specific designations will likely have a dramatic impact on future development. For an electronic link to the plan, please click on the following: http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_0_306_200_0_4 3/http;/pt03/DIG_Web_Content/category/Business/Comprehensive_Plan/Cat1C-20081126-092702-2030_Comprehensive_Plan.html The link for Draft Future Land Use Map contains the parcel specific use designations. The next few months will give everyone the opportunity to provide input on this draft plan. Because of the dramatic impact this plan could have, we at K&L Gates are advising all of our friends to take a close look at their real estate holdings to determine how the draft Comprehensive Plan could impact future development. If you are concerned with the planned use classification, we encourage you to get involved and have your voice heard. Once the Comprehensive Plan is approved by the City Council, revisions will be more difficult to achieve. Now is the time to act! Comments and requests for changes in land use classification on the Draft Future Land Use map can be made electronically through the link above, or by letter addressed to Ken Bowers, Department of City Planning, One Exchange Plaza, Suite 304, Raleigh, NC 27601. In order for the comments to be considered prior to the revision of the Draft Future Land Use Map, they must be received by the City on or before January 31, 2009. The City anticipates delivering a finalized draft of the Comprehensive Plan and Future Land Use Map to the City Council and Planning Commission at a joint public hearing in March 2009. Triangle Land Use Alert Of course, please do not hesitate to contact us directly should you have any questions or comments. K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices throughout the U.S., in Berlin, in Beijing (K&L Gates LLP Beijing Representative Office), and in Shanghai (K&L Gates LLP Shanghai Representative Office); a limited liability partnership (also named K&L Gates LLP) incorporated in England and maintaining our London and Paris offices; a Taiwan general partnership (K&L Gates) which practices from our Taipei office; and a Hong Kong general partnership (K&L Gates, Solicitors) which practices from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office. This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. ©2009 K&L Gates LLP. All Rights Reserved. January 7, 2009 2