PASCO COUNTY, FLORIDA INTEROFFICE MEMORANDUM

Transcription

1 PASCO COUNTY, FLORIDA INTEROFFICE MEMORANDUM TO: THRU: FROM: Honorable Chairman and Members of the Board of County Commissioners Bipin Parikh, P.E. Assistant County Administrator (Development Services) Richard E. Gehring Growth Management Administrator DATE: 9/11/12 FILE: PGM (RZ-7027) SUBJECT: Starkey Ranch Rezoning (RZ-7027) from C-2 and AC to MPUD Starkey Land Company LLC BCC: 9/11/12, 1:30 p.m., DC Recommendation: Approval with conditions (Continued from 7/12/12 and 8/7/12) PLANNER: Cynthia D. Spidell Sr. Planner & DRI Coordinator REFERENCES: Comm. Dist. 4 PROJECT SUMMARY AND DESCRIPTION: BACKGROUND INFORMATION: Commission District: The Honorable Henry Wilson, Jr. Project Name: Starkey Ranch Project Owner: Starkey Land Company LLC Location In South West and South Central Pasco County, North of and partially abutting S.R. 54; east of and abutting Starkey Boulevard, south of and abutting J.B. Starkey Wilderness Park in Sections 16, 17, 19, 20, 21, 22, 27, 28, 29 and 30, Township 26 South, Range 17 East Parcel ID Numbers: See Attached Acres: Existing DRI Boundary: 2530 m.o.l Proposed MPUD Boundary: 2485 acres, m.o.l. Change: -45 acres Existing Use of Site: Agricultural/Unimproved Flood Zone: A, X, and AE FUTURE LAND USE, MARKET AREA, AND ZONING: Existing Future Land Use: RES-3 1,920.3 acres IL 90.8 acres ROR acres CON acres TOTAL 2530 acres Proposed Future Land Use PD 2323 acres CON acres TOTAL 2485 acres Future Land Use of Area to be removed: RES acres ROR acres TOTAL (45) acres m.o.l. Market Area: South Market Area Urban Service Area Transportation Concurrency Exception Area Zoning: AC & C-2 (PGM12-205) Page 1 of 8

2 SURROUNDING AREA CHARACTERISTICS: ZONING DISTRICT FUTURE LAND USE CLASSIFICATION North: AC CON East: AC CON and RES-3 South: C2, AC, RMH, I1, I2, MPUD IL, RES-3, ROR, IH West: AC and MPUD RES-3, RES-6, ROR EXISTING DRI DEVELOPMENT TOTALS: Number of Dwelling Units: 1,015 Townhouses 400 Apartments 2,870 Single-Family ,285 Total Non-Residential: 344,520 sq. ft. Office 170,000 sq. ft. Light Industrial 307,150 sq. ft. Retail 100 Rooms Hotel 120 Beds Adult Congregate Living Facility 16 Screens Multiplex Theater PROPOSED MPUD DEVELOPMENT TOTALS: Number of Dwelling Units: 500 Townhouses (-515) 350 Apartments (-50) 4,200 Single Family (+1,330) ,050* Total (+765) *Could increase by 153 units to a total of 5203 units upon designation of the Ecological Compatibility Zone Non-Residential: 250,000 sq. ft. Office (-94,520 sq. ft.) 300,000 sq. ft. Light Industrial (+130,000 sq. ft.) 200,000 sq. ft. Retail (-107,150 sq. ft.) 220 Rooms Hotel (+120 rooms) Removed: 120 beds ACLF and 16 screen Theater PUBLIC FACILITIES AND INFRASTRUCTURE: Water and Sewer: Pasco County (Central) Access: SR 54 Starkey Boulevard Future Tower Road Extension Future Gunn Highway Extension Corridor Preservation Right-of-Way Requirements: Tower Road 142 feet if one road 80 feet and 60 feet if pair Gunn Highway Extension feet Trinity Boulevard Extension 142 feet (PGM12-205) Page 2 of 8

3 PROJECT REQUEST: Proposed is a request to rezone the property to MPUD in conjunction with a request to rescind the DRI due to its location in the Urban Service Area. This request is part of a trio of applications proposed by the property owner due to the location of the property in the Urban Service Area/Transportation Concurrency Exception Area. Changes in state statute and the adoption of the Urban Service Area by Pasco County have eliminated the requirement for a project such as Starkey Ranch to be a Development of Regional Impact. As a result, the owner is requesting: Amendment of the Comprehensive Plan o Eliminate DRI related requirements o Re-adjust maximum development levels back to levels consistent with pre-dri maximums o Provide flexibility on development mix o Transmitted to the FDEO in April. Rezone the Project from AC and C2 to MPUD. Rescission of the Development of Regional Impact. o Please note that an amendment to the Development Agreement is required. DISCUSSION As originally proposed, the Starkey DRI had a very structured design concept. Focused on Traditional Neighborhood Development, with a downtown, the project came forward with extraordinarily detailed plans very early in the review process. Then both the development and regulatory world changed. The task at hand has been structuring the MPUD in a manner that is consistent with the key project vision and the revised regulatory framework. Transportation. As a DRI, the Starkey project had both a series of improvements as well as a proportionate share obligation. The Developer and County staff concur that it is appropriate for the Developer to maintain the obligation of the three pipeline improvements: State Road 54 and Gunn Highway Intersection Improvements; State Road 54 and Trinity Boulevard Intersection Improvements; and State Road 54 and Starkey Boulevard Intersection Improvements. These improvements have been reiterated with slight modifications in the proposed Conditions of Approval. To further analyze the impact on the transportation system, County staff has conducted a Timing and Phasing analysis for the project. This timing and phasing analysis assumed that the project qualifies for the 1.2 volume to capacity (V/C) ratio level of service in the Comprehensive Plan based on the project s compliance with the Mixed Use Trip Reduction Measures ( MUTR-M ) included in the County s mobility fee study, as implemented through the MPUD conditions. The results of this analysis indicate that level of service failures are likely to occur at the intersection of S.R. 54 and Little Road by the year 2019, or when the project reaches 4436 single family detached units or equivalent non-exempt gross p.m. peak hour trips. Staff does not believe that there are any interim cost-feasible improvements that can be made at this intersection to address this projected level of service failure, and it is staff s recommendation that the projected level of service failure should be addressed by the project accommodating mass transit facilities and/or managed lanes through a transit accommodations plan, including dedication of any necessary right-of-way. Approval of this rezoning may require the County to accelerate its plans for improved mass transit service and/or managed lanes along the S.R. 54 corridor. Staff also conducted a preliminary, non-binding, access management analysis for the proposed project entitlements. The results of that preliminary analysis indicate that the site access improvements required by the MPUD conditions may be insufficient to accommodate safe access to S.R. 54 once the project exceeds 3361 single-family detached dwelling units, or the equivalent in gross p.m. peak hour trips. The exact threshold at which additional site access improvements may be required will be determined at the time of site plan approval. Other measures or improvements may delay or alleviate the need for additional site access improvements, including but not limited to, the following: (1) compliance with the Mixed Use Trip Reduction Measures ( MUTR-M ) assumed in the County s mobility fee study (see MPUD condition No. 58 (2) the completion of Interlaken Road from Community Drive to Gunn Highway and the completion of a public subdivision collector roadway connecting Community Drive to Trinity Boulevard, (3) (PGM12-205) Page 3 of 8

4 completion of Tower Road to the east of the project boundary with additional signalized connections to S.R. 54, and/or (4) completion of managed lanes on S.R. 54 from Little Road to the Suncoast Parkway. Staff and the applicant are in concurrence with the transportation conditions. Land Use and Urban Design. Closely linked to transportation and the transportation conditions are the land use and design conditions proposed for this project. The project is retaining a number of the features originally proposed including the requirement for a mixed-use Downtown. The project is also proposed to implement the newly adopted standards for Mixed Use Trip Reducing Measures (MUTR-M). The Key Concepts to MUTR-M are as follows: Local Serving Retail Bicycle-Pedestrian Connectivity/Completeness Housing-To-Jobs Ratio Intersection Density/Grid Network It has also been recognized that this project will have a face on State Road 54, and as such needs to convey the image of New Smart Pasco. As a result, the proposed conditions require the following: Establishment of: o Four Neighborhoods Including the S.R. 54/Gunn Hwy Downtown o Suburban Areas o Business Park Each Neighborhood consists of a Core (1/4 mile radius) and an Edge (1/2 mile radius) Each Core shall contain: o A discernable center containing A park and either public/civic uses or office/commercial uses o Block perimeters not exceeding an average of 1,320 feet. o A master block plan for the entire core at the time of submission of the first preliminary development plan including an analysis of connectivity and a conceptual block plan for the one-half mile radius. o All plans will be evaluated for consistency with the proposed Comprehensive Plan Subarea Policies for Starkey Ranch. The Downtown at Gunn Highway & S.R. 54 is designed to accommodate medium density residential, employment, commercial and civic uses. o A minimum of 10 acres shall each be dedicated to both: Non-residential development (minimum 10 acres) Residential development (minimum 10 acres) o Transit will be required to be accommodated within the Downtown. In the Neighborhood Edges (residential areas located outside of the core but within one-half mile of the center of each neighborhood center reference point): o Blocks may not exceed 2,640 feet in perimeter. Mid-block pedestrian crossings are necessary for all blocks exceeding 2,100 feet in perimeter. Park Site. The requirement to provide a 40-acre District Park site has been moved from the DRI DO conditions to the MPUD conditions. This shall be collocated with the School Boards collocated Elementary School and Middle School. The provisions to share acreage have been moved from the DRI DO conditions to the MPUD conditions. The County has retained an option to purchase an additional 40 acres for a total 80-acre District Park Site. The MPUD Master Plan depicts the location of the collocated site in the middle of the project, whereas the DRI contemplated that it would be located in the western portion of the project (along Starkey Boulevard). School Site. The requirement for a collocated Elementary and Middle School has been moved from the DRI DO conditions to the MPUD. An option to purchase a second elementary school has also been included in the MPUD conditions of approval. Ecological Compatibility Zone. The remaining issue of contention is that of the Ecological Compatibility Zone to the Starkey Wilderness Preserve as generally depicted on Attachment 2. At the DRC meeting on August 9 th, staff recommended a flexible compatibility zone along a portion of the boundary for the following reasons: Lands within the proposed MPUD adjacent to the J.B. Starkey Wilderness Preserve have been identified as an Important State Resource by the FDEP. o The FDEP recommended: A buffer area in the northern portion of the property adjoining the Preserve/Anclote System as part of the Future Land Use amendment to PD. Cluster development in the least environmentally sensitive areas of the property. (PGM12-205) Page 4 of 8

5 Section G.2.c, LDC (MPUD staff review) allows for the County to include MPUD conditions that protect natural features, water resources, wetlands, and other ecological systems such as: o Compatibility of the proposed use with surrounding area including adequate buffering. Starkey Ranch MPUD is located within two Ecological Planning Units (EPU) as identified in the Assessment of Measures to Protect Wildlife Habitat in Pasco County dated March Staff recommendation o Staff has included a requirement that the Ecological Compatibility Zone be designated in the MPUD. The zone is intended to Ensure compatibility of the proposed uses within the MPUD to the adjacent Ecological System which is recognized by both the County and the State as an important resource. o In order to maintain flexibility for the developer during the site planning process, staff has included a condition that would allow wetland/floodplain mitigation to occur in this area. o Staff has included a condition that upon designation of the zone, an additional 153 units (51 acres * 3 units per acre at RES-3) would be added to the total approved amount of single family units. These units would be treated as TDRs for the purposes of transportation review/timing & phasing. On August 9, 2012, the DRC recommended approval with modifications (see Attachment 4). ALTERNATIVES AND ANALYSIS: 1. Approve the rezoning to MPUD. 2. Approve the rezoning to MPUD with modifications. 3. Do not approve the rezoning to MPUD. 4. Direct staff to pursue another course of action. RECOMMENDATION: The Planning & Growth Management Department staff recommends approval of Alternative No. 1 and Authorize the Chairman to sign and execute four original Resolutions, and Direct the Board Records Department to retain one original Resolution and distribute the other three as follows: o Planning & Growth Management Department Attention: Richard E. Gehring Growth Management Administrator o Pasco County Property Appraiser Attention: Vicki Lewis Senior Land Records Analyst o Barbara L. Wilhite, Esquire Barbara L. Wilhite, P.A. Figurski & Harrill Office Building 2550 Permit Place New Port Richey, Florida ATTACHMENTS: 1. Parcel IDs and Location Exhibits 2. Ecological Compatibility Zone Exhibits 3. Resolution 4. Conditions of Approval (DRC changes) ACTION: The Board of County Commissioners approved staff recommendation with the following modifications: Condition No. 2: 2. The developer shall submit, within 45 days of the BCC approval, or prior to the first preliminary development plan/preliminary site plan submittal, whichever occurs first, four sets of the revised MPUD Master Planned Unit Development Plan, one reduced 8½ X 14 MPUD master plan, and one electronic copy to the Planning and Development Department, for review and approval, that (PGM12-205) Page 5 of 8

6 addresses all applicable conditions set forth and the following specific instructions. Without the submittal and approval of revised MPUD Master Planned Unit Development plans, preliminary development plans/preliminary site plans will not be accepted for review. a. The Ecological Mitigation Compatibility Zone Area shall be designated on the MPUD Master Plan. Condition No Wetlands (conservation/preservation areas) shall be as defined by the Pasco County Comprehensive Plan, Chapter 3, Conservation Element, Wetlands, Policy 1.3.1, and shown on all preliminary development plans/preliminary site plans and construction plans/construction site plans. Development shall comply with the wetland protection provisions of the Land Development Code as amended. In order to ensure the network of roadways and bicycle/pedestrian facilities, mix of uses, and development densities/intensities assumed in the County s timing and phasing and MUTRM analysis, and in order to ensure compliance with Pasco County Conservation Element Policy 1.5.4, wetland mitigation shall be located exclusively within the Suburban Areas and the Mitigation Compatibility Area as depicted on the MPUD Plan. The priority mitigation location for such wetland mitigation shall be adjacent to the J.B. Starkey Wilderness Preserve. County shall be provided with a copy of any proposed wetland mitigation plan(s) for the project, and shall have an opportunity to review and comment on such plan(s) before any permits are issued. Condition No The Master Developer has submitted an environmental/habitat study which has been reviewed and found acceptable by County staff. The following conditions shall apply: a. Prior to construction plan approval as applicable, the Parcel Developer shall conduct a preliminary wildlife survey for the presence of listed species. Copies of these surveys and any correspondence from the FFWCC shall be sent to the Zoning & Site Development Department for further review upon construction plan submittal as applicable. If nesting activity is observed, additional species specific surveys may be required as applicable. b. Ecological Compatibility Zone. An Ecological Compatibility Zone is identified on the MPUD Master Plan. The Ecological Compatibility Zone shall be at a minimum 150 feet and shall maintain an average of 200 feet. This area shall be incorporated into the overall wetland and floodplain mitigation strategy for the Project, which shall specifically prioritize the following activities in the subject area: upland wildlife habitat preservation, wetland/floodplain restoration and/or enhancement, and wetland mitigation creation and floodplain mitigation. However, wetland and floodplain mitigation shall be limited to Crop and Pastureland areas (FLUCCS 211). No other development activities may occur except the construction of pedestrian/bicycle/equestrian trails/boardwalks and related signage and lighting, if approved by Pasco County and other applicable agencies. In exchange for the development criteria set forth herein, a total of 153 single-family detached units from this area (51*3 units per acre) shall be treated as TDR s and shall be exempt uses for purposes of Timing & Phasing c.b. A deed restriction containing a compatibility notice shall be recorded by the Master Developer or Parcel Developer as applicable for residential lots adjacent to the Ecological (PGM12-205) Page 6 of 8

7 Compatibility Zone and/or J.B. Starkey Wilderness Preserve. The compatibility notice shall require and/or place the homeowner on notice of the following: (1) Prescribed burning will be conducted with the J.B. Starkey Wilderness Preserve for purposes of fire management; and (2) Certain activities including the following are prohibited in the Ecological Compatibility Zone and the J.B. Starkey Wilderness Preserve: (a) The planting of exotic species (b) Release or unleashing of exotic animals/pets (c) The creation of private access to the Ecological Compatibility Zone/J.B. Starkey Wilderness Preserve (d) Unleashed pets (e) Cutting or damaging of native vegetation. (f) ATV activity Condition No. 14: 14. The County and the Master Developer agree to the following purchase by the County: The County and the Master Developer shall enter into a purchase and sale agreement and use their best efforts to do so within sixty (60) days of approval of this rezoning (RZ-7027), for the County to purchase an additional 40 acres m.o.l. of contiguous, developable upland acres (for a total District Park site of eighty (80) acres) that are west of and contiguous and adjacent to the District Park/School Site as generally depicted on the MPUD Master Plan. The exact location shall be in a mutually acceptable location to the Master Developer and the County. Such agreement shall include the methodology below to determine the fair market value and purchase price of the property. If the purchase price/appraisal value exceeds the amount of unencumbered fund balance in the land portion of the west zone Parks and Recreation Impact Fee Account Park Impact Fees which the County currently has budgeted in the CIP (currently approximately $761,000.00), the excess amount shall be presented to the Board of County Commissioners to determine the funding source for such excess amount reimbursed to the Master Developer in the form of Park Impact Fee Credits at the fair market value/purchase price. Condition No. 15: In the event that the District Park is 80 acres, then the surface water drainage shall be addressed in the Purchase and Sale Agreement and in the master drainage plan for the Project. In the event the District Park is only 40 acres shared with the School Board, t The Master Developer shall accommodate any provide all surface water drainage that cannot be accommodated on for the District Park Site(s). Within 90 days of County request, Master Developer shall convey an easement to the County for the accommodated provided surface water drainage, including a temporary construction easement to allow the County to construct and temporarily maintain the necessary drainage facilities if the District Park Site(s) is/are constructed prior to adjacent development. The form of the easement shall be mutually agreeable to the Master Developer and County. (PGM12-205) Page 7 of 8

8 Condition No. 55, Land Use Table Footnote #1 was deleted and therefore Footnotes #2 and #3 became Footnotes #1 and #2. (1) These amounts shall be increased by 153 units pursuant to Condition Nos. 2 and 6b. (2) Office and Light Industrial entitlements within the Starkey Ranch DRI may be exchanged with each other but shall not be exchanged or traded off for any other approved uses in the project. (32) For colleges, universities, churches, cemeteries, community centers, and non-district School Board of Pasco County schools, there shall be no maximum if the total building footprint at time of site plan is under or equal to 20,000 square feet. For development of facilities that are larger, a land use exchange in accordance with the LUEM shall be required. If the proposed use is not listed in the LUEM, the Master Developer shall provide the applicable ITE code and conversion rate as applicable. There is no maximum number or square footage limitation for District School Board of Pasco County schools and government buildings and facilities. Condition No. 57.b(2)(c): (c) Exceptions to the block perimeter requirements may be administratively approved in order to accommodate natural wetland preservation areas five (5) acres or greater, provided the general intent of interconnectivity is met. Lots at the edge of a neighborhood which back up to wetlands, ponds, upland conservation areas, Progress Energy Transmission Corridor, neighboring developments or State Road 54, are not required to be included in the block perimeter average calculation. Condition No. 57c(2)(b): (b) Exceptions to the block perimeter requirements may be administratively approved in order to accommodate natural wetland preservation areas five (5) acres or greater, provided the general intent of interconnectivity is met. Lots at the edge of a neighborhood which back up to wetlands, ponds, upland conservation areas, Progress Energy Transmission Corridor, neighboring developments or State Road 54, are not required to be included in the block perimeter average calculation. Condition No. 59 (2): The maximum number of residential units in the Suburban Areas that do not comply with the street network density/maximum block perimeter requirements in Condition No. 57.c.(2) shall be 1,010 (referred to as Suburban Units ). If any of these Suburban Units seek preliminary development plan approval before (a) the construction of a supermarket or 50,000 square feet of non-residential entitlements in the Downtown at Gunn Highway/S.R. 54 and (b) the construction of a complete street, bicycle, and pedestrian network that connects the Suburban Units to the Downtown at Gunn Highway/S.R. 54, then an analysis approved by the County must be submitted that demonstrates compliance with Section E, LDC including the 1.0 Volume to Capacity ratio. Prior to the first submittal of a preliminary development plan for Suburban Units after the County completes the right-ofway/alignment study for managed lanes/transit for the S.R. 54 corridor, the transit accommodations plan referenced in Condition No. 29 shall be submitted and approved. (PGM12-205) Page 8 of 8 The foregoing requirements/restrictions shall not apply to any units in the Suburban Areas that comply with the street network density/maximum block perimeter requirements in Condition No. 57 or Suburban Units that are obtained through a density transfer from the Ecological Compatibility Zone Mitigation Compatibility Area in the Project, or through the acquisition of TDRs from outside the project.

9 BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION NO RZ RESOLUTION ESTABLISHING THE CONDITIONS OF APPROVAL FOR PETTION NO STARKEY RANCH MPUD MASTER PLANNED UNIT DEVELOPMENT DISTRICT. WHEREAS, the Board of County Commissioners of Pasco County, after due public notice, held a public hearing on September 11, 2012, on Rezoning Application No. 7027; and WHEREAS, the Board of County Commissioners has heard the presentation and evidence of the public; and WHEREAS, the Board of County Commissioners has reviewed the report and recommendations of the Development Review Committee and the recommendation of the County staff; and WHEREAS, the County conducted a timing and phasing analysis for the project. This timing and phasing analysis assumed that the project qualifies for the 1.2 volume to capacity (V/C) ratio level of service in the Comprehensive Plan based on the project s compliance with the Mixed Use Trip Reduction Measures ( MUTRM ) assumed in the County s mobility fee study (locally serving retail, jobs to housing, bicyclepedestrian connectivity and street network density/maximum block perimeters), as implemented through MPUD Condition No. 57. The analysis indicates that the roadway link on S.R. 54 from Trinity Hospital up to and including the intersection with Little Road is anticipated to reach capacity in 2019 with 82% of the project traffic (4436 single family detached units or equivalent non-exempt gross p.m. peak hour trips); and WHEREAS, the Board of County Commissioners finds that there are no interim cost-feasible improvements that can be made to address this projected level of service failure, and the projected level of service failure should be addressed by the project accommodating mass transit facilities and/or managed lanes through a transit accommodations plan, including dedication of any necessary right of way (see MPUD condition No. 29); and WHEREAS, approval of this rezoning may require the County to accelerate its plans for improved mass transit service and/or managed lanes along the S.R. 54 corridor; and Page 1 of 3

10 WHEREAS, the County has conducted a preliminary, non-binding, conceptual access management analysis for the proposed project entitlements. The analysis indicates that the site access improvements required by MPUD condition No. 28 may be insufficient to accommodate safe access at the site entrance intersections of Trinity Boulevard and Gunn Highway with S.R. 54 once the project exceeds 3361 single-family detached dwelling units, or the equivalent in gross p.m. peak hour trips. The exact threshold at which additional site access improvements may be required will be determined in accordance with MPUD condition No 27. WHEREAS, the Board of County Commissioners find that other measures or improvements may delay or alleviate the need for additional site access improvements, including but not limited to, the following: (1) compliance with MUTRM assumed in the County s mobility fee study (see MPUD condition No. 57, (2) the completion of Interlaken Road from Community Drive to Gunn Highway and the completion of a public subdivision collector roadway connecting Community Drive to Trinity Boulevard, (3) completion of Tower Road to the east of the project boundary with additional signalized connections to S.R. 54, and/or (4) completion of managed lanes on S.R. 54 from Little Road to the Suncoast Parkway; and WHEREAS, the Board of County Commissioners has found the request, as conditioned, consistent with the applicable provisions of the Pasco County Land Development Code; and WHEREAS, the Board of County Commissioners has found the request, as conditioned, to be consistent with the applicable provisions of the Pasco County Comprehensive Plan; and WHEREAS, the Board of County Commissioners has taken into consideration other factors relevant to the decision as to whether the rezoning to the Master Planned Unit Development classification should be approved for the subject property; and WHEREAS, a description of the real property is attached hereto as Exhibit A and is made part hereof. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pasco County, Florida, in regular session duly assembled, this 11 th day of September, that the conditions of approval and master plan for the Starkey Ranch Master Planned Unit Development District are established as shown in Page 2 of 3

11 -*. Exhibits B and C attached hereto and made part hereof. This resolution shall take effect upon the effectiveness of the corresponding Comprehensive Plan Amendment to PD (Planned Development) and CON (Conservation Lands). o ~ \ ~ ' ' ' " ~ RESOLVED ~ N D this 11th day of GOM IS$,, $'<:..*... 0 ". a +. 3 '% g =.% 5 q$at?"..,; BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA t PAULA S. O'NEIL, Ph.D., CLERK AhlD COMPTROLLER Page 3 of 3

12 EXHIBIT A LEGAL DESCRIPTION

13 EXHIBIT A 7027 A parcel of land being a por of Secs 16, 17, 19, 20, 21, 22, 26, 27, 28, 29 & 30, T26S, R17E, Pasco Co, FL, tog w/a por of The Lyon's Co's Sub, as rec in PB 2, Pg 39, of the Pub Rec of Pasco Co, FL, tog w/a por of vacated r/w of said The Lyon Co's Sub & tog w/a por of the former Atlantic Coast RR r/w, being more part desc as fol: Beg at the NE cor of the NW¼ of Sec 29, T26S, R17E, Pasco Co, FL; th N89 06'46"W, alg the N line of said NW¼ of Sec 29 (being the basis of beargs for this legal desc), same being the N line of WPIP Ph 2 U3, as rec in PB 45, Pg 55 of the Pub Rec of Pasco Co., FL, for 2,225.21' to the NW cor of said WPIP Ph 2 U3; th leavg said N line of the NW¼ of Sec 29, S00 12'36"W, alg the W line of said WPIP Ph 2 U3, for 1,322.86' to the SW cor of said WPIP Ph 2 U3, same being the POI w/the N line of WPIP Ph 3, as rec in PB 45, Pg 58, of the Pub Rec of Pasco Co., FL; th leavg said W line of WPIP Ph 2 U3, N89 06'38"W, alg said N line of WPIP Ph 3, for 419.4' to the NW cor of said WPIP Ph 3, same being the POI w/the E line of the N¼ of Sec 30, T26S, R17E, Pasco Co, FL; th leavg said N line of WPIP Ph 3, N89 00'50"W, alg the N line of the S¾ of said Sec 30, same being the N line of that certain prop as desc in ORB 1506, Pg 713 of the Pub Rec of Pasco Co, FL, for 2,414.46' to the NW cor of said certain prop as desc in ORB 1506, Pg 713; th leavg said N line of the S¾ of Sec 30, S00 11'33"W, alg the W line of said certain prop as desc in ORB 1506, Pg 713 & the W line of that certain prop as desc in ORB 6041, Pg 1184 of the Pub Rec of Pasco Co, FL, respect, for 1,284.71' to the POI with the Nly r/w line of SR 54, accdg to ORB 4413, Pg 430 of the Pub Rec of Pasco Co, FL, same being the POI w/a nontangent curv, concave NEly; th leavg said W line of that certain prop as desc in ORB 6041, Pg 1184, NWly alg said Nly r/w of SR 54, accdg to ORB 4413, Pg 430, alg the arc of said curv, w/a radial bearg of S26 58'40"W, havg a rad of 1,785.19', a central angle of 16 52'25", an arc length of ', & a chord bearg N54 35'08"W for ' to the POI w/the Nly r/w line of SR 54, accdg to that certain St FDOT r/w map prepared by the Genesis Group, Inc., Work Program Item/Segment I, dated 4/15/99, same being the POI w/a nontangent line; th N44 29'20"W, cont alg said Nly r/w line of SR 54, accdg to that certain St FDOT r/w map prepared by the Genesis Group, Inc, Work Program Item/Segment I, dated 4/15/99, for ' to the POI w/the E line of that certain prop desc in ORB 6142, Pg 1332, of the Pub Rec of Pasco Co., wpdata/zn/rz7027_exhibit/04 Page 1 of 7

14 FL; th N00 11'33"E, alg said E line of that certain prop as desc in ORB 6142, Pg 1332, & the E line of that certain prop as desc in ORB 6873, Pg 1817, of the Pub Rec of Pasco Co., FL, resp, for ' to the POI w/the N line of said certain prop as desc in ORB 6873, Pg 1817, same being the POI w/said N line of the S¾ of Sec 30; th leavg said E line of that certain prop as desc in ORB 6873, Pg 1817, N89 00'50"W, alg said N line of that certain prop as desc in ORB 6873, Pg 1817 & the N line of said certain prop as desc in ORB 6142, Pg 1332, resp, same being said N line of the S¾ of Sec 30, for ' to the POI w/the E line of that certain prop as desc in ORB 276, Pg 184 of the Pub Rec of Pasco Co, FL; th leavg said N line of that certain prop as desc in ORB 6142, Pg 1332, N34 09'19"E alg said E line of that certain property as desc in ORB 276, Pg 184, for 6,549.48'; th N34 07'43"E cont alg said E line of that certain prop as desc in ORB 276, Pg 184, for 2,320.33' to the POI w/a Sly line of that certain prop as desc in ORB 1875, Pg 1260 of the Pub Rec of Pasco Co, FL; th the fol 3 courses alg said certain prop as desc in ORB 1875, Pg 1260: (1) th N76 00'40"E for 2,449.45'; (2) th S59 19'03"E for '; (3) th N62 04'40"E for 1,361.63' to the POI w/a Sly line that certain prop as desc in ORB 1288, Pg 1215, of the Pub Rec of Pasco Co, FL; th the fol 4 courses alg said Sly line that certain prop as desc in ORB 1288, Pg 1215: (1) th cont N62 04'40"E for '; (2) th N55 34'52"E for '; (3) th N84 40'10"E for '; (4) th S84 49'18"E for ' to the POI w/a Sly line of said certain prop as desc in ORB 1875, Pg 1260; th S54 38'27"E, alg said Sly line of that certain prop as desc in ORB 1875, Pg 1260, for ' to the POI w/said Sly line of that certain prop as desc in ORB 1288, Pg 1215; th S24 27'36"E, alg said Sly line of that certain prop as desc in ORB 1288, Pg 1215, for '; th cont alg said Sly line of that certain prop as desc in ORB 1288, Pg 1215, S63 36'18"E, for ' to the POI w/a Sly line of that certain prop as desc in ORB 1353, Pg 830, of the Pub Rec of Pasco Co, FL; th S53 25'08"E, alg said Sly line of that certain prop as desc in ORB 1353, Pg 830, for '; th cont alg said Sly line of that certain prop as desc in ORB 1353, Pg 830, S53 25'11"E, for '; th S07 23'25"E, alg said Sly line of that certain prop as desc in ORB 1353, Pg 830, & a Wly line of said certain prop as desc in ORB 1875, Pg 1260, resp, for ' to the POI w/the SWly line of that certain prop as desc in ORB 4482, Pg 132, of the Pub Rec of Pasco Co, FL; th the fol 50 courses alg said SWly line of that certain prop as desc in ORB 4482, Pg 132: (1) th S06 59'51"W for '; (2) th S28 19'46"E, for '; (3) th S04 38'01"W for '; (4) th wpdata/zn/rz7027_exhibit/04 Page 2 of 7

15 S29 31'33"E for '; (5) th S20 34'41"E for '; (6) th S00 37'04"E for 241.3'; (7) th S12 36'27"E for '; (8) th S74 41'32"E for '; (9) th S48 58'53"E for '; (10) th S00 45'48"E for '; (11) th S15 49'04"W for '; (12) th S04 21'47"E for 85.66'; (13) th S79 09'12"W for 154.7'; (14) th S29 19'35"W for '; (15) th S37 34'53"E for '; (16) th S84 55'10"E for '; (17) th S22 48'44"E for '; (18) th S18 47'55"E for 175.5'; (19) th S33 00'21"E for '; (20) th S49 35'30"E for '; (21) th S51 17'26"E for '; (22) th S36 14'08"E for '; (23) th S46 32'00"E for '; (24) th S30 02'00"E for '; (25) th S50 21'22"E for '; (26) th S40 56'45"E for '; (27) th S14 10'31"E for '; (28) th S47 16'13"E for '; (29) th S11 43'31"W for '; (30) th S51 15'29"E for '; (31) th S89 31'50"E for '; (32) th S47 48'48"E for '; (33) th N88 04'34"E for '; (34) th N29 35'24"E for '; (35) th N42 44'43"W for '; (36) th N46 20'24"E for '; (37) th N72 29'12"E for '; (38) th S64 29'09"E for '; (39) th N83 06'37"E for 99.98'; (40) th S76 41'16"E for '; (41) th S59 15'31"E for '; (42) th S89 07'00"E for '; (43) th S74 56'49"E for '; (44) th S31 29'38"E for '; (45) th N75 03'45"E for '; (46) th S81 58'36"E for '; (47) th N75 19'35"E for '; (48) th N55 24'11"E for '; (49) th S67 18'20"E for '; (50) th S51 19'30"E for ' to the POI w/the Wly line of that certain prop as desc in ORB 2020, Pg 1848, of the Pub Rec of Pasco Co, FL; th the fol 10 courses alg said Wly line of that certain prop as descr in ORB 2020, Pg 1848: (1) th S33 32'35"W for '; (2) th S40 40'32"W for '; (3) th S16 32'29"W for '; (4) th S45 25'06"E for '; (5) th S42 56'18"E for '; (6) th S22 31'13"E for '; (7) th S02 47'12"E for '; (8) th S79 18'07"E for 284.6'; (9) th S83 16'10"E for '; (10) th S37 26'32"W for ' to the POI w/the E line of the NE¼ of Sec 27, T26S, R17E, Pasco Co, FL; th leavg said Wly line of that certain prop as desc in ORB 2020, Pg 1848, S00 42'33"W, alg said E line of the NE¼ of Sec 27, for ' to the SE cor of said NE¼ of Sec 27; th N88 46'02"W, alg the S line of said NE¼ of Sec 27 for ' to the POI w/a Nly r/w line at SR 54, accdg to ORB 4603, Pg 1890 of the Pub Rec of Pasco Co, FL; th the fol 3 courses alg said Nly r/w line of SR 54, accdg to ORB 4603, Pg 1890: (1) th leavg said S line of the NE¼ of Sec 27, N13 50'56"W for '; (2) th N81 36'40"W for 410.1'; (3) th S53 23'20"W for ' to the POI w/said S line of the NE¼ of Sec 27, same being the POI w/the Ely ext of the Nly line of said certain prop as desc in ORB 3378, Pg 564 of the Pub Rec of wpdata/zn/rz7027_exhibit/04 Page 3 of 7

16 Pasco Co, FL; th N88 46'02"W, alg said S line of the NE¼ of sec 27, same being said Ely ext of the Nly line of that certain prop as desc in ORB 3378, PG 564 & the Nly line of said certain prop as desc in ORB 3378, Pg 564, respect, for 1,347.28' to the POI w/said Nly line of the former Atlantic Coast RR r/w; th leavg said S line of the NE¼ of Sec 27, S77 41'09"W, alg said Nly line of the former Atlantic Coast RR r/w, same being said Nly line of that certain prop as desc in ORB 3378, Pg 564 & the Nly line of that certain prop as desc in ORB 3319, Pg 1951 of the Pub Rec of Pasco Co, FL, resp, for ' to the POI w/the E line of that certain prop as desc in ORB 3213, Pg 958 of the Pub Rec of Pasco Co, FL; th leavg said Nly line of that certain prop as desc in ORB 3319, Pg 1951, N00 18'35"E, alg said E line of that certain prop as desc in ORB 3213, Pg 958 & the Nly ext of said E line of that certain prop as desc in ORB 3213, Pg 958, resp, for ' to the POI w/the S line of the NW¼ of said Sec 27, same being the POI w/the ctrline of Pine St, accdg to The Lyon Co's Sub, as rec in PB 2, Pg 39 of the Pub Rec of Pasco Co, FL; th N88 45'05"W, alg said S line of the NW¼ of Sec 27 for 60.01' to the POI w/the Nly ext of the W line of said certain prop as desc in ORB 3213, PG 958: th leavg said S line of the NW¼ of Sec 27, S00 18'35"W, alg said Nly ext of the W line of that certain prop as desc in ORB 3213, Pg 958 & said W line of that certain prop as desc in ORB 3213, Pg 958, resp, for ' to the POI w/said Nly line of that certain prop as desc in ORB 3319, Pg 1951, same being the POI w/said Nly line of the former Atlantic Coast RR r/w: th S77 41'07"W, alg said Nly line of that certain prop as desc in ORB 3319, Pg 1951, same being said Nly line of the former Atlantic Coast RR r/w for 95.29' to the POI w/the E line of that certain prop as desc in ORB 3637, Pg 1764 of the Pub Rec of Pasco Co, FL; th leavg said Nly line of that certain prop as desc in ORB 3319, Pg 1951 N00 17'44"E, alg said E line of that certain prop as desc in ORB 3637, Pg 1764, for ' to the POI w/the N line of said certain prop as desc in ORB 3637, Pg 1764, same being the POI w/said S line of the NW¼ of Sec 27, same also being the POI w/said ctrline of Pine St; th N88 45'06"W, along said N line of that certain prop as desc in ORB 3637, Pg 1764, same being said S line of the NW ¼ of Sec 27, same also being said ctrline of Pine St, for ' to the POI w/the W line of said certain prop as desc in ORB 3637, Pg 1764, same being the POI w/the ctrline of Orange Ave accdg to said The Lyon Co's Sub; th leavg said S line of the NW¼ of Sec 27, S00 18'28"W, alg said W line of that certain prop as desc in ORB 3637, Pg 1764, same being said ctrline of Orange Ave for 175.7' to the POI wpdata/zn/rz7027_exhibit/04 Page 4 of 7

17 w/said N line of that certain prop as desc in ORB 3319, Pg 1951, same being the POI w/said Nly line of the former Atlantic Coast RR r/w; th S77 41'04"W, alg said N line of that certain prop as desc in ORB 3319, Pg 1951, same being said Nly line of the former Atlantic Coast RR r/w for 21.53' to the POI w/an Ely line of that certain prop as desc in ORB 3807, Pg 203, of the Pub Rec of Pasco Co, FL; th leavg said Nly line of the former Atlantic Coast RR r/w, N00 18'32"E, alg said Ely line of that certain prop as desc in ORB 3807, Pg 203, for 8.38' to the NE cor of said certain prop as desc in ORB 3807, Pg 203, same being the POI w/a nontangent curv, concave Sly; th Wly alg a Nly line of said certain prop as desc in ORB 3807, Pg 203, alg the arc of said curv, from a radial bearg of N05 11'35"W, having a rad of 5,854.64', a central angle of 02 23'47", an arc length of ' & a chord bearg S83 36'31"W for ' to a NW cor of said certain prop as desc in ORB 3807, Pg 203, same being the POI w/a nontangent line; th S00 18'29"W, alg a Wly line of said certain prop as desc in ORB 3807, Pg 203, for 34.28' to the POI w/said Nly line of the former Atlantic Coast RR r/w, same being the POI w/the S line of Blk R, said The Lyon Co's Sub; th S77 41'10"W, alg said S line of Blk R & the Wly ext of the S line of Blk R, resp, for ' to the POI w/the Sly ext of the W r/w line of Oak Ave, accdg to said The Lyon Co's Sub; th N00 18'35"E, alg said Sly ext of the W r/w line of Oak Ave for 20.5' to the SE cor of Blk P, said The Lyon Co's Sub; th S77 41'08"W, alg the S line of said Blk P & the Wly ext of said S line of Blk P, resp for ' to the POI w/a Nly r/w line of SR 54, accdg to ORB 4397, Pg 68, of the Pub Rec of Pasco Co, FL, same being the POI w/the ctrline of Howard Ave, accdg to said The Lyon Co's Sub; th N00 18'08"E, alg said Nly r/w line of SR 54, accdg to ORB 4397, Pg 68, same being said ctrline of Howard Ave for 34.11'; th S77 28'48"W, alg said Nly r/w line of SR 54, accdg to ORB 4397, Pg 68 & a Nly line of said certain prop as desc in ORB 3807, Pg 203, resp, for 2,577.22' to the POI w/a Nly r/w line of SR 54, accdg to said ORB 4603, Pg 1890; th the fol 18 courses alg said Nly r/w line of SR 54, accdg to said ORB 4603, Pg 1890: (1) th leavg said Nly line of that certain prop as desc in ORB 3807, Pg 203, N12 26'05"W for '; (2) th S77 58'26"W for '; (3) th S12 01'34"E for 285.6'; (4) th S15 24'09"W for 13.78'; (5) th S40 24'23"W for '; (6) th S54 35'43"W for '; (7) th N35 24'17"W for 19.68'; (8) th S54 35'43"W for 22.97'; (9) th S35 24'12"E for 19.68'; (10) th S54 35'43"W for '; (11) th S62 28'46"W for '; (12) th S12 25'58"E for 15.82'; (13) th S77 33'56"W for ' to the POI w/a nontangent curv, concave Nly; (14) th Wly alg the arc of said curv, wpdata/zn/rz7027_exhibit/04 Page 5 of 7

18 from a radial bearg of S12 26'00"E, having a rad of 11,297.9', a central angle of 00 29'00", an arc length of 95.29' & a chord bearg S77 48'30"W for 95.29' to the POI w/a nontangent line; (15) th N11 52'00"W for 16.4'; (16) th S78 07'59"W for 32.81'; (17) th S11 52'01"E for 16.4' to the POI w/a nontangent curv, concave Nly; (18) th Wly alg the arc of said curv, from a radial bearg of S11 46'53"E, having a rad of 12,382.75', a central angle of 00 10'51", an arc length of 39.1' & a chord bearg S78 18'33"W for 39.1' to the POI w/ a Nly r/w line of SR 54, accdg to ORB 5579, Pg 288, of the Pub Rec of Pasco Co, FL, same being the POI w/a nontangent line; th the fol 15 courses alg said Nly r/w line of SR 54, accdg to ORB 5579, Pg 288: (1) th N37 02'56"W for '; (2) th N54 51'59"W for 77.27'; (3) th N68 48'35"W for '; (4) th N50 46'07"E for '; (5) th N85 05'09"E for 423.6'; (6) th N60 30'59"E for 47.07'; (7) th N07 13'50"W for 59.16'; (8) th N53 57'02"W for '; (9) th S65 51'30'W for '; (10) th N52 10'06"W for '; (11) th N03 46'41"E for 50.75'; (12) th N89 47'43"W for '; (13) th S06 34'57"E for '; (14) th S82 57'38"W for '; (15) th S06 34'57"E for 300' to the POI w/said Nly line of that certain prop as desc in ORB 3807, Pg 203; the fol 5 courses alg said Nly line of that certain prop as desc in ORB 3807, Pg 203: (1) th leavg said Nly r/w line of SR 54, accdg to ORB 5579, Pg 288, S83 25'03"W for '; (2) th N06 34'57"W for 28'; (3) th S83 25'03"W for 88.51'; (4) th S06 34'57"E for 28'; (5) th S83 25'03"W for ' to the POI w/the E line of the certain prop as desc in ORB 3513, Pg 194, of the Pub Rec of Pasco Co, FL; th leavg said Nly line of that certain prop as desc in ORB 3807, Pg 203, N00 15'04"E, alg said E line of the certain prop as desc in ORB 3513, Pg 194, same being a line 400' E of & parallel w/the E line of the SE¼ of Sec 29, T26S, R17E, Pasco Co, FL, for ' to the NE cor of said certain prop as desc in ORB 3513, Pg 194; th N89 44'56"W, alg the N line of said certain prop as desc in ORB 3513, Pg 194, for 400' to the NW cor of said certain prop as desc in ORB 3513, Pg 194, same being the POI w/said E line of the SE¼ of Sec 29; th N00 15'04''E, alg said E line of the SE¼ of Sec 29 for ' to the SE cor of the SE¼ of the NE¼ of said Sec 29; th N00 15'04"E, alg the E line of said SE¼ of the NE¼ of Sec 29 for 1,320.04' to the NE cor of said SE¼ of the NE¼ of Sec 29; th N89 08'20"W, alg the N line of said SE¼ of the NE¼ of Sec 29 & the N line of the SW¼ of the NE¼ of said Sec 29, resp, for 2,634.05' to the SE cor of said WPIP Ph 2, U3; th the fol 8 courses alg the Ely line of said WPIP Ph 2, U3: (1) th leavg said N line of the SW¼ of the NE¼ of Sec 29, N25 34'58"E for '; (2) th N89 08'25"W for wpdata/zn/rz7027_exhibit/04 Page 6 of 7

19 355.63; (3) th N16 19'16"E for '; (4) th N16 16'20"E for '; (5) th S85 26'48"E for 69.96'; (6) th N32 24'23"E for '; (7) th N02 15'57"W for '; (8) th N10 26'42"W for 43.74' to the POI w/the N line of the NW¼ of the NE¼ of said Sec 29, same being the NE cor of said WPIP Ph 2 U3; th N89 06'26"W alg said N line of the NW¼ of the NE¼ of Sec 29, same being the N line of said WPIP Ph 2 U3, for ' to the POB, less the fol desc par: a par of land in the N¼ of Sec 29, T26S, R17E, Pasco Co, FL, being more partic desc as fol: Com at the NW cor of said Sec 29; th S89 02'03"E, alg the N bdry of said Sec 29, 420' to the POB: th cont alg said N bdry S89 02'03"E, 2,338.08'; th S11 24'15"E, 43.04'; th S02 11'14"E, '; th S32 29'06"W, '; th N85 22'05"W, 69.96'; th S16 21'03"W, '; ths16 23'59"W, ' to a pt on a line lying 250' N of & parallel w/the S bdry of the N¼ of said Sec 29; th alg said parallel line S89 03'42"E, '; th S00 56'18"W, 250' to the S bdry of the N¼ of said Sec 29; th alg said S bdry N89 03'47"W, 2,380.53'; th N00 16'25"E, 1,322.61' to the POB, & less a par of land being a por of Sec 30, T26S, R17E, Pasco Co, FL, being more partic desc as fol: Com at the POI of the Ely bdry line of that certain prop desc in ORB 276, Pgs , as rec in the Pub Rec of Pasco Co, FL, & the Nly r/w line of SR 54; th N34 09'19"E, alg said Ely bdry line of ORB 276, Pgs (being the basis of beargs for this legal desc), for 296.8' to the POI w/the S line of the NE¼ of the NW¼ of Sec 30, T26S, R17E, Pasco Co, FL; th leavg said Ely bdry line of ORB 276, Pgs , S88 58'46"E, alg said S line of the NE¼ of the NW¼ of Sec 30, for ' to the POB; th cont S88 58'46"E, alg said S line of the NE¼ of the NW¼ of Sec 30, for ' to the POI w/the E line of said NE¼ of the NW¼ of Sec 30; th S89 02'23"E alg the S line of the NW¼ of the NE¼ of Sec 30 for '; th leavg said S line of the NW¼ of the NE¼ of Sec 30, S00 10'00"W, for 1,283.36' to the POI w/the Nly r/w line of SR 54, same being the POI w/a nontangent curv, concave NEly; th the fol 3 courses alg said Nly r/w line of SR 54: (1) NWly alg the arc of said curv, from a radial bearg of S26 57'19"W, having a rad of 1,785.19', a central angle of 16 53'38", an arc length of ', & a chord bearg N54 35'51"W for ' to the POT; (2) th N44 29'27"W for '; (3) th N00 10'00"E, for ' to the POB, Secs 16, 17, 19, 20, 21, 22, 26, 27, 28, 29 & 30, T26S, R17E, Pasco Co, FL. wpdata/zn/rz7027_exhibit/04 Page 7 of 7

20 EXHIBIT B CONDITIONS OF APPROVAL

21 STARKEY RANCH DRI MASTER PLANNED UNIT DEVELOPMENT CONDITIONS OF APPROVAL REZONING PETITION NO. RZ-7027 Master Development Plans & Prior Zoning Approvals 1. Development shall be in accordance with the Comprehensive Plan Subarea Policy FLU , these conditions of approval and the approved Master Plan. In addition to the MPUD COA, each Parcel Developer shall comply with all Pasco County ordinances, including all impact/mobility fee ordinances. 2. The developer shall submit, within 45 days of the BCC approval, or prior to the first preliminary development plan/preliminary site plan submittal, whichever occurs first, four sets of the revised MPUD Master Planned Unit Development Plan, one reduced 8½ X 14 MPUD master plan, and one electronic copy to the Planning and Development Department, for review and approval, that addresses all applicable conditions set forth and the following specific instructions. Without the submittal and approval of revised MPUD Master Planned Unit Development plans, preliminary development plans/preliminary site plans will not be accepted for review. a. The Mitigation Compatibility Area shall be designated on the MPUD Master Plan. General 3. Definitions. For purposes of this MPUD, the following terms and phrases shall have the meaning set forth below. a. CAO means the Pasco County Attorney s Office. b. COA means the Conditions of Approval of this MPUD zoning resolution or for a site plan. c. CO means Certificate of Occupancy issued pursuant to the Pasco County Land Development Code (LDC). d. DA means the Development Agreement between Pasco County and the Master Developer that applies to the Starkey Ranch, as may be amended from time to time. Page 1 of 41 Rev. 9/11/12

22 e. Dedication and Maintenance Areas means all open space, drainage areas, common areas, landscape areas, wetland areas, buffer areas, preservation/conservation areas, recreation areas, neighborhood parks and other special purpose areas required to be set aside, dedicated or maintained pursuant to this MPUD rezoning, the Land Development Code, or by the Southwest Florida Water Management District (SWFWMD). f. DRC means the Pasco County Development Review Committee. g. FPTC means the Florida Progress Transmission Corridor h. LDC means the Pasco County Land Development Code, as amended from time to time. i. Master Developer means Starkey Ranch LLC and its successors or assigns. j. MRP means the Master Roadway Plan for the Starkey Ranch MPUD. k. MPUD means the Starkey Ranch Master Planned Unit Development conditions of approval and master plan. l. MUTR-M means Mixed Use Trip Reduction Measures as defined in the Land Development Code. m. Neighborhood means each ½ mile circle as depicted on the MPUD Master Plan. Each Neighborhood includes a Reference Point, a Core, and an Edge as further described herein. n. Parcel Developer means the person or entity submitting an application for development approval for lands subject to this MPUD zoning resolution, a person or entity developing land that is subject to this MPUD zoning resolution, or a person undertaking other activities that may be regulated by this MPUD zoning resolution, as the context may indicate. o. Responsible Entity means a mandatory property owners association, homeowners association, condominium association, merchants association, community development district or other entity acceptable to the Southwest Florida Water Management District and/or the County that has the power to own property and levy assessments for the maintenance of any Dedication and Maintenance Areas under its ownership and control. p. SWFWMD means the Southwest Florida Water Management District. q. TDR means Transfer of Development Rights. Open Space/Buffering 4. Wetlands (conservation/preservation areas) shall be as defined by the Pasco County Comprehensive Plan, Chapter 3, Conservation Element, Wetlands, Policy 1.3.1, and shown on all preliminary development plans/preliminary site plans and construction plans/construction site plans. Development Page 2 of 41 Rev. 9/11/12

23 shall comply with the wetland protection provisions of the Land Development Code as amended. In order to ensure the network of roadways and bicycle/pedestrian facilities, mix of uses, and development densities/intensities assumed in the County s timing and phasing and MUTRM analysis, and in order to ensure compliance with Pasco County Conservation Element Policy 1.5.4, wetland mitigation shall be located exclusively within the Suburban Areas and the Mitigation Compatibility Area as depicted on the MPUD Plan. The priority mitigation location for such wetland mitigation shall be adjacent to the J.B. Starkey Wilderness Preserve. County shall be provided with a copy of any proposed wetland mitigation plan(s) for the project, and shall have an opportunity to review and comment on such plan(s) before any permits are issued. 5. The Master Developer or Parcel Developer shall complete a Gopher Tortoise Survey in accordance with the Florida Fish Wildlife Conservation Commission (FFWCC) survey guidelines. A copy of this survey shall be sent to the Planning and Development Department for further review and approval by the County Biologist and to the FFWCC prior to preliminary development plan/preliminary site plan approval. Each Parcel Developer shall submit survey results and any required permits for each parcel prior to issuance of the site development permit as applicable. 6. The Master Developer has submitted an environmental/habitat study which has been reviewed and found acceptable by County staff. The following conditions shall apply: a. Prior to construction plan approval as applicable, the Parcel Developer shall conduct a preliminary wildlife survey for the presence of listed species. Copies of these surveys and any correspondence from the FFWCC shall be sent to the Zoning & Site Development Department for further review upon construction plan submittal as applicable. If nesting activity is observed, additional species specific surveys may be required as applicable. b. A deed restriction containing a compatibility notice shall be recorded by the Master Developer or Parcel Developer as applicable for residential lots adjacent to the J.B. Starkey Wilderness Preserve. The compatibility notice shall require and/or place the homeowner on notice of the following: (1) Prescribed burning will be conducted with the J.B. Starkey Wilderness Preserve for purposes of fire management; and Page 3 of 41 Rev. 9/11/12

24 (2) Certain activities including the following are prohibited in the J.B. Starkey Wilderness Preserve: (a) The planting of exotic species (b) Release or unleashing of exotic animals/pets (c) The creation of private access to the J.B. Starkey Wilderness Preserve (d) Unleashed pets (e) Cutting or damaging of native vegetation. (f) ATV activity 7. Prior to construction plan/construction site plan approval, the Parcel Developer shall submit to the Planning and Development Department a copy of the Environmental Resource Permit Application as submitted to the SWFWMD. Prior to the issuance of the Site Development Permit, the Parcel Developer shall submit to the Planning and Development Department a copy of the Environmental Resource Permit. 8. The Master Developer has submitted an Archaeological/Historical Survey, which was reviewed and found acceptable by Pasco County. Although no archaeological sites eligible for the National Register of Historic Places were found, the following statement shall be placed on all future site plans: "If, during construction activities, any evidence of historic resources including, but not limited to, aboriginal or historic pottery, prehistoric stone tools, bone or shell tools, historic trash pits, or historic building foundations are discovered, work shall come to an immediate stop, and Pasco County and the Florida Division of Historical Resources shall be notified within two working days." 9. All Dedication and Maintenance Areas required to be established by this MPUD rezoning, the LDC, or the SWFWMD shall be conveyed to the applicable Responsible Entity unless said area(s) is/are required to be dedicated to another governmental or quasi-governmental entity. When an application for site plan or plat approval is submitted, the Parcel Developer shall identify the applicable Responsible Entity that shall be responsible for maintaining any Dedication and Maintenance Areas subject to the site plan or plat approval, and shall dedicate such areas to that entity. Recreation areas and neighborhood parks may be conveyed to the CDD if such special power pursuant to Section (2), Florida Statutes, is consented to by the County. All such conveyances shall be for a value Page 4 of 41 Rev. 9/11/12

25 that does not exceed the fair market value of the land. Prior to platting, the governing documents for the Responsible Entity, including, as appropriate, Articles of Incorporation (with proof of filing with the Secretary of State, State of Florida), restrictive covenants, and all exhibits thereto, shall be submitted to the Engineering Services Department for review along with copies of instruments to be used to convey the above-mentioned areas to the Responsible Entity. Impact fee credits for improvements or dedications shall go to the Master Developer, Parcel Developer or Responsible Entity that funded such improvements as applicable, unless otherwise expressly agreed upon in writing among those parties. 10. Specific review and approval of the neighborhood parks will be conducted at each residential (including multifamily) preliminary development plan/preliminary site plan review. 11. The Master Developer/Parcel Developer shall make reasonable efforts to carefully locate open spaces so that they are generally within ¼ of a mile or a 5 minute walk from residential areas. 12. The Master Developer may submit an overall pedestrian/bike path plan to the Planning and Development Department for approval prior to approval of the first preliminary development plan/preliminary site plan, which provides a path circulation in accordance with the Pasco County LDC as amended or an alternative method acceptable to the County and in compliance with the handicapped provisions of Chapter , Florida Statutes, or other applicable law. In the absence of an approved pedestrian/bike path plan, compliance with the LDC is required. District Park 13. The Master Developer shall convey at no cost to the County, other than the impact fee credits as provided herein, a site comprised of a minimum of forty (40) contiguous, developable, upland acres for the development of a District Park collocated with an elementary/middle school ( District Park Site ). A portion of the District Park site shall be shared with the School Board. The location of the District Park Site shall be as generally depicted on the MPUD master plan and as specifically approved by the County and the School Board. The Master Developer may in cooperation with the County, retain a drainage easement over any wetland and wetland buffers conveyed subject to stormwater engineering and permitting. Such conveyance shall be eligible for credits in accordance with the Parks and Recreation Impact Fee Ordinance No as amended. The Master Developer shall receive a parks and recreation impact fee credit, in the amount of Twenty-Five Thousand and Page 5 of 41 Rev. 9/11/12

26 00/100 Dollars ($25,000.00) (this amount is based on the cost of land acquisition that was assumed in the Pasco County Parks and Recreation Master Plan/Impact Fee Study dated April of 2001) per upland acre actually conveyed to the County. a. In the event ten (10) acres are shared with the School Site, Park impact fee credits shall be based on thirty-five (35) acres (forty [40] less five [5] acres). In the event, fifteen (15) acres are shared with the School Site, impact fee credits shall be based on 32.5 acres (forty [40] less 7.5 acres). Parks and recreation impact fee credits shall not begin to accrue until such conveyance is complete. The County agrees to place the District Park /site in the CIP for the appropriate fiscal year(s) in order to allow for the credits provided for herein. All conveyances pursuant to this section shall be in accordance with Condition No. 72. These requirements shall not affect any obligations of the Project relating to neighborhood parks or any obligation of the Project to pay applicable parks and recreation impact fees if no credit is available pursuant to the Parks and Recreation Impact Fee Ordinance. Landscape buffers, wetlands, required buffers around wetland areas, and jurisdictional buffers shall not be eligible to be counted toward the forty (40) acres of contiguous, developable, upland acres. 14. The County and the Master Developer agree to the following purchase by the County: The County and the Master Developer shall enter into a purchase and sale agreement and use their best efforts to do so within sixty (60) days of approval of this rezoning (RZ-7027), for the County to purchase an additional 40 acres m.o.l. of contiguous, developable upland acres (for a total District Park site of eighty (80) acres) that are west of and contiguous and adjacent to the District Park/School Site as generally depicted on the MPUD Master Plan. The exact location shall be in a mutually acceptable location to the Master Developer and the County. Such agreement shall include the methodology below to determine the fair market value and purchase price of the property. If the purchase price/appraisal value exceeds the amount of unencumbered fund balance in the land portion of the west zone Parks and Recreation Impact Fee Account (currently approximately $761,000.00), the excess amount shall be presented to the Board of County Commissioners to determine the funding source for such excess amount. a. The Master Developer and the County will each appoint an appraiser meeting the criteria set forth below. Each appraiser must have at least five (5) years of full-time non-residential appraisal experience with projects comparable to the park site and shall be at a minimum ASA Page 6 of 41 Rev. 9/11/12

27 certified. The appraiser shall comply with the Uniform Standards of Professional Appraisal Practice, as described in Rule 61J , Florida Administrative Code. No appraiser may have any material financial or business interest in common with either of the parties. The two (2) appraisers thus appointed will, within seven (7) days of their mutual appointment, together appoint a third appraiser meeting the foregoing criteria (the cost of which shall be split by the Master Developer and the County). Within forty-five (45) days after the last appraiser is appointed, each of the appraisers will review any submittals or other information the appraisers deem necessary, and each will submit his or her independent determination of the fair market value of the additional park site to both the Master Developer and the County in sealed envelopes. The fair market value of the additional park site will then be established as follows: (1) If the determinations of at least two (2) of the appraisers are identical, the identical determination is the fair market value of the park site. (2) If the determination of at least two (2) of the appraisers are not identical, then the average of the three (3) determinations is the fair market value of the park site. 15. The Master Developer shall provide all surface water drainage for the District Park Site(s). Within 90 days of County request, Master Developer shall convey an easement to the County for the provided surface water drainage, including a temporary construction easement to allow the County to construct and temporarily maintain the necessary drainage facilities if the District Park Site(s) is/are constructed prior to adjacent development. The form of the easement shall be mutually agreeable to the Master Developer and County. 16. Any landscape buffers required by the LDC as amended along any collector roads adjacent to the District Park Site shall be installed by Master Developer and shall be the maintenance responsibility of the Master Developer, HOA, CDD, or other entity approved by the County. 17. If roadway conveyance or the District Park conveyance creates a strip of land between the proposed access roads and the District Park site, the Master Developer shall be required to adjust or provide additional conveyances as requested by and at no cost to the County. 18. In the event adequate access, water, sewer, and electric ( Infrastructure ) are not available adjacent to the proposed District Park Site, then the Master Developer shall (in conjunction with adjacent Page 7 of 41 Rev. 9/11/12

28 development) provide the off-site Infrastructure to the proposed entrance to the District Park Site. In accordance with the LDC, master utilities plan and utilities service agreement, water and sewer shall be brought to the physical boundaries of the said site such that no additional jack and bore work will be required under any access roads. Any temporary access and/or other temporary infrastructure (Temporary Infrastructure) needed to service the District Park Site prior to the development of the adjacent land shall be the responsibility of the County. 19. In the event the District Park Site is constructed prior to the Master Developer providing the Infrastructure in conjunction with adjacent development outlined in Condition No. 18 above, the Master Developer shall provide all necessary easements to the County for the off-site Infrastructure improvements. The easements shall provide that the easement locations are relocatable at the option and expense of the Master Developer. To the extent the Master Developer benefits from such off-site infrastructure improvements, the County shall deduct from the Park Impact fee credit balance the Master Developer s pro-rata fair share of the Infrastructure costs for improvements that are to be utilized by the Master Developer. Costs shall be defined as the County s actual, direct costs. Should insufficient credit balance be available, reimbursement for any deficiency shall be required from the Master Developer prior to plat or construction plan approval where no plat is required for any development adjacent to the District Park Site. The cost for Temporary Infrastructure as described in Condition No. 18 above shall not be deducted from any impact fee credit balance. 20. The District Park Site shall be included in the Master Developer s master drainage plan. In the event that the District Park Site is designed and permitted prior to the approval of the master drainage plan, County shall notify Master Developer of the proposed permit application(s) and shall provide Master Developer a reasonable opportunity to comment on same before filing. 21. Timing. The District Park Site and School Site (defined below) shall be conveyed to the County and School Board, as applicable, within 90 days of written request by the County or School Board to the Master Developer. 22. If the District Park Site is not in active use by December 31, 2022, up to 30 acres of the 40 acres conveyed to the County may revert back to the Master Developer if requested in writing by the Master Developer after December 31, 2022, but prior to December 31, 2023 and upon the Master Developer reimbursing the County for all parks and recreation impact fee credits previously utilized and Page 8 of 41 Rev. 9/11/12

29 extinguishing any remaining parks and recreation impact fee credits that have not been utilized. For purposes of determining whether or not the Park is under active use, active use shall be defined as having fields of play, irrigated Bermuda grass, rest rooms, and lights for fields of play. In the event of a reversion, the permitted land uses for the property shall be all uses allowed within the neighborhoods. Such change will not require an MPUD amendment. Schools 23. All Parcel Developers shall be required to comply with all applicable provisions of the adopted School Concurrency Ordinance and the requirements to provide for school capacity as mandated. a. The conveyance of a school site may be counted toward any outstanding mitigation requirements in accordance with such ordinance. b. Conveyance of Land: The Master Developer shall convey at no cost to the School Board other than the credits hereinafter, property for one (1) school site for development of an educational facility to serve the Project and surrounding developments (School Site). 1. The School Site shall accommodate a collocated elementary/ middle school as generally depicted on the MPUD Master Plan and as specifically approved by the School Board and the County. In the event the County purchases the forty (40) acre park site (for a total eighty [80] acre District Park site) pursuant to Condition No. 14, the School Site shall be a minimum of 16.2 acres of contiguous, developable uplands and the School Site shall share a minimum of fifteen (15) acres of the collocated District Park for a total of a 31.2-acre site. In the event the County does not purchase the forty (40) acre park site (for a total forty [40] acre District Park site), the School Site shall be a minimum of 21.2 acres of contiguous, developable uplands and the School Site shall share a minimum of ten (10) acres with the collocated District Park for a total of a 31.2-acre site. 2. For either scenario, the Master Developer shall accommodate any stormwater/drainage that cannot be accommodated on the School Site. Within 90 days of School Board request, Master Developer shall convey an easement to the School Board for the accommodated stormwater/drainage, including a temporary construction easement to allow the School Board to construct and temporarily maintain the necessary drainage facilities if the School Site is constructed prior to adjacent development. The form of the easement shall be mutually agreeable to the Master Developer and School Board. Page 9 of 41 Rev. 9/11/12

30 Landscape buffers pursuant to Condition No. 23.b.6 below, wetlands, required buffers around wetland areas, and jurisdictional buffers shall not be eligible to be counted toward the required acreages for the foregoing conveyances. A maintenance and operation agreement (M & O Agreement) shall be executed by the County and the School Board in order to formalize the details of the sharing of acreage between the School Board and the District Park. The M & O Agreement shall address the following elements: 1) the construction of all shared infrastructure; 2) the operation and maintenance of the shared property and facilities; 3) the construction of an interim access road(s) or utilities; and 4) the allocation and sharing of impact fee credits and respective dollar amounts for the shared acreage between the School Board and the County consistent with the allocations set forth herein. 3. The School Site shall be conveyed to the School Board in accordance with the time frame set forth in Condition No. 21 above. The Master Developer shall provide the School Board with a legal description, sketch, and all other conveyance documents as required by the School Board for such School Site within thirty (30) days of the written request pursuant to Condition No. 21 above. All conveyances shall be in a form acceptable to the School Board. Unless otherwise approved by the School Board, all conveyances shall be free and clear of all liens, be exempt from boundaries of all special districts, and be exempt from all covenants and deed restrictions. 4. The Master Developer shall extend potable water and sewer to the boundary of the School Site concurrent with adjacent development. If the School Site is constructed prior to such adjacent development, then the School Board shall extend potable water and sewer to the School Site. Within ninety (90) days of written request, the Master Developer shall convey any necessary easements within its project for the extension(s). If the extension(s) are on the Master Developer s approved Master Utility Plan, then the Master Developer s pro-rata fair share of the actual, direct costs for the extension(s) shall be deducted from the impact fee credit balance. Should insufficient credit balance be available, reimbursement shall be required from the Master Developer prior to plat or construction plan approval where no plat is required for any development adjacent to the School Site. In accordance with the LDC, the Master Utilities Plan, and the Utilities Service Agreement, water and sewer shall be brought to the physical boundaries of such site, such that no additional jack and bore work will be required under any access roads. Page 10 of 41 Rev. 9/11/12

31 5. The Master Developer shall complete construction of an access road, acceptable to the School Board, concurrent with adjacent development but no later than the plat approval for the 2100th dwelling unit. If the School Site is constructed prior to adjacent development, then the School Board shall construct the access road in a location acceptable to Master Developer. Within ninety (90) days of written request, Master Developer shall convey to the School Board any easements within the project necessary for the access road. If the access road is on the approved Master Roadway Plan, the Master Developer s pro-rata fair share of the actual, direct cost of such road shall be deducted from the School impact fee credit balance. Should insufficient credit balance be available, reimbursement shall be required from the Master Developer prior to plat or construction plan approval where no plat is required for any development adjacent to the School Site. 6. Any landscape buffers required by the LDC as amended along any collector roads adjacent to the School Site shall be installed by Master Developer and shall be the maintenance responsibility of the Master Developer, HOA, CDD, or other entity approved by the County. 7. If a roadway conveyance or if the School Site conveyance creates a strip of land between the proposed access roads and the School Site, the Master Developer shall be required to adjust or provide additional conveyances as requested by and at no cost to the School Board. 8. To the extent necessary, the School Board shall provide all necessary consents, easements, approvals, or other permit applications requested by the Master Developer that are necessary for the Master Developer to provide infrastructure as required herein. 9. The Master Developer shall receive school impact fee credits for the foregoing conveyance in the amount of 115 percent of the County Appraiser s value at the time of conveyance, which shall not be less than Sixteen Thousand and 00/100 Dollars ($16,000.00) and shall not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) per fee simple gross acre. School impact fee credits shall not begin to accrue until such conveyance is complete. Impact fee credits shall be based on the following acreage amounts: i. In the event ten (10) acres are shared with the collocated District Park, then impact fee credits for the School Site shall be based on 26.2 ( five [5]) Page 11 of 41 Rev. 9/11/12

32 acres less any access/infrastructure costs incurred by the School Board as applicable. ii. In the event fifteen (15) acres are shared with the collocated District Park, then impact fee credits for the School Site shall be based on 23.7 ( ) acres less any access/infrastructure costs incurred by the School Board as applicable. iii. In the event additional acreage is provided for stormwater/drainage pursuant to Condition No. 23.b.2 above, such acreage shall be eligible for impact fee credits and added to either scenario above as applicable (26.2 or additional acreage). 10. Any request(s) by the Applicant/Developer to change any of the Applicant/Developer's deadlines pursuant to this section must be approved by the School Board and the DRC or BCC no later than one (1) year in advance of the deadline. c. The Master Developer, County, and representatives from the School Board have participated in a design charrette for the purpose of planning and designing the District Park and the School Site in such a manner as to meet the recreational and educational needs of the County's citizens, while at the same time integrating the facilities with the surrounding neighborhoods planned by the Master Developer so as to maximize, to the extent practicable, both the recreational and aesthetic attributes of the District Park as well as the educational opportunities for the adjacent school. The design charrette sponsored by the Master Developer resulted in the development of a conceptual plan for the collocated District Park and School Site. d. The Developer and School Board shall jointly review the architectural design of the proposed school buildings. The Master Developer shall be entitled to participate (as determined by School Board staff) in the conceptual design, schematic design, design development, and construction document preparation. The Master Developer shall notify the School Board in writing within fifteen (15) days from the receipt of each plan, if the Applicant/ Developer wishes to require any additional architectural features over and above those customarily provided by the School Board, and shall enter into a written agreement with the School Board to provide the incremental increases in costs (as determined by the School Board and its architectural and/or construction manager assignees) for such additional features (Reimbursement Agreement). However, the Master Developer shall not be allowed to request changes or additions to design or architectural elements depicted on prior stages of the design process for which the fifteen (15) days has already expired. If the written notice identified above is not provided and the Master Developer fails to enter into the Reimbursement Agreement, the Master Developer shall Page 12 of 41 Rev. 9/11/12

33 forgo the right to make any requested changes/additions applicable to that stage of design. To the extent that the Master Developer is participating financially in additional architectural features, the Master Developer shall be entitled to provide recommendations during the construction document drafting. 24. Potential Second Elementary School Site. Prior to the plat approval for the 2100 th dwelling unit, the Master Developer shall identify on the MPUD Master Plan a location (including acreage) acceptable to the School Board for a second elementary school. Prior to the plat approval for the 4000 th dwelling unit, the School Board shall communicate in writing whether or not the second elementary school is required or not. a. The Master Developer and the School Board will attempt to agree upon the fair market value of the second elementary school site within thirty (30) days after delivery of notification from the School Board to the Master Developer that the School Board has elected to purchase/acquire the second elementary school site. If the Master Developer and the School Board are unable to agree upon the fair market value for the site during such period, then each party will each appoint an appraiser meeting the criteria set forth below within seven (7) days after the expiration of such thirty (30) day period. Each appraiser must have at least five (5) years of fulltime non-residential appraisal experience with projects comparable to the school site and shall be MAI certified. The appraiser shall comply with the Uniform Standards of Professional Appraisal Practice, as described in Rule 61J , Florida Administrative Code. No appraiser may have any material financial or business interest in common with either of the parties. The two (2) appraisers thus appointed will, within seven (7) days of their mutual appointment, together appoint a third appraiser meeting the foregoing criteria (the cost of which shall be split by the Master Developer and the School Board). Within forty-five (45) days after the last appraiser is appointed, each of the appraisers will review any submittals or other information the appraisers deem necessary, and each will submit his or her independent determination of the fair market value of the school site to both the Master Developer and the School Board in sealed envelopes. The fair market value of the school site will then be established as follows: (1) If the determinations of at least two (2) of the appraisers are identical, the identical determination is the fair market value of the school site. (2) If the determination of at least two (2) of the appraisers are not identical, then the average of the three (3) determinations is the fair market value of the school site. Page 13 of 41 Rev. 9/11/12

34 Transportation/Circulation Access Management 25. Each Parcel Developer shall provide a secondary functional access or emergency access in accordance with the LDC, unless otherwise provided pursuant to the Master Roadway Plan or as approved by the County. The emergency access may be barricaded in a manner found acceptable by the Permits and Development Information Services Department and the Emergency Services Department. 26. Prior to construction plan/construction site plan approval of any project accessing a State roadway, the Parcel Developer shall furnish to the Zoning & Site Development Department a Letter of Intent indicating approval and/or an approved Driveway Permit from the Florida Department of Transportation (FDOT). Prior to the issuance of the first CO, Parcel Developer shall provide a letter from the Florida Department of Transportation stating that any improvements within the State right-of-way have been inspected and completed to their satisfaction. 27. All access improvements, number of access points, spacing, and geometry of access points shown on the MPUD Master Plan shall be subject to compliance with the provisions of the County's and the Florida Department of Transportation's (FDOT) access-management regulations. The Applicant/Developer shall design, permit, construct, and acquire right-of-way for such improvements at its sole expense. The Applicant/Developer shall be responsible for construction of all access improvements for the Project, unless otherwise approved by the DRC, prior to or concurrent with construction of infrastructure improvements to serve the portions of the Project necessitating such improvements as determined by the County at the time of preliminary site plan approval, and/or at the time of the issuance of Access Permits for the Project except where the DA, if required, provides a different deadline for such construction. At each preliminary plan/preliminary site plan approval, the DRC or Planning and Development Department may also require further site-access/site-related intersection improvements and site-access/site-related roadway improvements unless (a) a new buildout analysis/analyses and list of build-out access improvements is submitted by the Master Developer or Parcel Developer and approved by the County and FDOT using applicable County and FDOT Page 14 of 41 Rev. 9/11/12

35 standards, (b) the County and FDOT required improvements are committed by the Master Developer or Parcel Developer, as applicable, through a performance guarantee or development agreement acceptable to the County and FDOT, as applicable, (c) the Parcel Developer demonstrates to the satisfaction of the County and FDOT that the trips from the Parcel Developer s site plan will not cause the cumulative number of trips assumed in the applicable build-out analysis to be exceeded, or materially alter the site trip characteristics assumed in the applicable build-out analysis, and (d) the Parcel Developer, County and FDOT confirm that the other assumptions from the applicable buildout analysis remain valid. The need and analysis for turn lanes, traffic signals, turn-lane lengths, and other site-access/site-related improvements shall also consider future MPUD and non-mpud traffic that will utilize the same site-access/site-related improvements. Except as set forth in Condition No. 29, such analysis shall assume a 1.2 Volume to Capacity Ratio. Except where specifically allowed pursuant to these conditions of approval or DA, if required, these improvements are not creditable against the mitigation obligation of the development or creditable against the mobility fee (or transportation impact fees if mobility fee opt out provision is invoked) requirements of the development. Transportation Conditions 28. The Master Developer shall design, permit and acquire right-of-way (where necessary) and construct the following three (3) intersection improvements as depicted in Exhibit A: a. S.R. 54 and Gunn Highway: (1) The Master Developer shall complete construction prior to the first to occur associated with development within or taking access through the Downtown Neighborhood of the following: (a) For residential development within or taking access through the Downtown Neighborhood (except multifamily), prior to the first record plat (or construction plan approval where platting is not required) for the 201st dwelling unit or (b) For multifamily or non-residential development within or taking access through the Downtown, prior to the first CO. b. S.R. 54 and Trinity Boulevard (1) The Master Developer shall complete construction prior to the first to occur of the following: Page 15 of 41 Rev. 9/11/12

36 (a) (b) For residential development within or taking access through the Central Neighborhood, prior to approval of the first record plat (or construction plan approval where platting is not required); or For non-residential development, prior to the first CO for non-residential development within or taking access through the Central Neighborhood or any development in the Business Park. c. S.R. 54 and Starkey Boulevard (1) The Master Developer shall complete construction prior to the first of the following to occur associated with development within or taking access through the Western Neighborhood of the following : (a) For residential development within or taking access through the Western Neighborhood (except multifamily), prior to the first residential record plat (or residential construction plan where platting is not required) for the first dwelling unit; or (b) For multifamily or nonresidential development within or taking access through the Western Neighborhood, prior to the first CO. d. The intersection improvements described above may be eligible for mobility fee credits in accordance with Exhibit A and the Development Agreement. Within 180 days of this MPUD approval, the Master Developer shall file an amendment to the Starkey Ranch Development Agreement that was approved by the BCC on September 23, 2008 to update the Development Agreement as applicable. 29. Prior to (a) the final plat approval (or construction plan approval where no plat is required) for the 1500th single-family detached unit or the equivalent in non-exempt gross p.m. peak hour trips, or (b) December 31, 2019, or (c) the first preliminary development plan submittal within the Downtown, whichever occurs first, the developer shall prepare and obtain County approval of a transit accommodations plan. The transit accommodations plan shall be consistent with the most current interim and long-term studies, analysis, design, construction and/or operation of mass transit facilities and/or managed lanes for the S.R. 54 corridor. The transit accommodations plan shall, at a minimum, address the following: (1) reservation or dedication of right of way/land for transit related facilities and Page 16 of 41 Rev. 9/11/12

37 travel lanes, (2) reservation and/or construction of parking spaces for transit, (3) physical accommodations for transit riders (shelters, benches, bike racks etc.), and (4) connecting bicycle and pedestrian facilities. Notwithstanding the foregoing deadlines, any required right of way dedications for transit related facilities and travel lanes shall be made within 90 days of the County s request. Mobility fee credit for transit facilities and land shall be addressed in accordance with the County s mobility fee regulations. The requirements of this paragraph are a timing and phasing requirement to mitigate the development s impacts to S.R. 54, and shall not be affected by the County s elimination of transportation concurrency. 30. Any portion of the project that complies with the MUTR-M requirements in MPUD Condition No. 57 shall (a) be entitled to any subsequently adopted mobility fee reductions available to MUTR-M projects, and (b) be eligible for any existing mobility fee reductions for TND uses, subject to compliance with the County s TND regulations (Section 601 of the LDC), which allow for alternative standards. 31. All roads that will be used to access public-purpose sites, such as public school, public park, library, and fire/rescue sites (as determined by the School Board, Parks and Recreation Department, Libraries Services Department, Emergency Services Department, or DRC, as applicable) shall be public roadways and constructed in accordance with applicable County/FDOT design, construction, and signage standards; e.g., Chapter 316, Florida Statutes, and Manual of Uniform Traffic Control Devices standards. Such roadways shall be deeded in fee simple to the County or FDOT, as applicable, prior to or concurrent with the first record plat containing such roadways or where no record plat is required, prior to or concurrent with the issuance of the first CO for a building utilizing such roadways. As defined in the Master Roadway Plan, frontage roads shall not be required to be public or dedicated to the County or FDOT. However, such roads if private shall require a public access easement, which shall be recorded in a form acceptable to the CAO prior to or concurrent with the first record plat containing such roadways or where no record plat is required, prior to or concurrent with the issuance of the first CO for a building utilizing such roadways. 32. Access to any commercial out-parcels shall be provided from frontage roads, internal roads, internal drives or parking areas unless otherwise approved by the County. 33. Any gates located within gated communities shall be setback sufficiently in order to provide vehicular stacking for a minimum of three vehicles, unless a greater distance is determined to be required at the Page 17 of 41 Rev. 9/11/12

38 time of each preliminary development plan or preliminary site plan review. All entrances accessed by key or electronically coded systems shall be equipped with a system approved by the Emergency Services Director to allow fire or other emergency vehicles immediate access to the development. Upon replacement of any existing gated system, the replacement shall be equipped with a system acceptable to Pasco County. In addition, the access lane widths and clearance between fixed structures shall be a minimum of 15 feet in width. Dedication of Right-of-Way 34. Public roadways shall be required unless shown or stated in the Master Roadway Plan or otherwise approved by the County through an alternative standards request prior to the applicable preliminary development plan/preliminary site plan approval, or except as provided in Condition No In the case of private streets, dedication and maintenance shall be the responsibility of an appropriate Responsible Entity other than Pasco County. 36. All right-of-way dedication shall be as follows: Starkey Right of Way Dedication Requirements R.O.W. Dedication Roadway Link Width (feet)* Timing of Dedication Tower Road. (See Condition No 40.a.) Gunn Hwy Extension Trinity Boulevard Extension From Eastern Project Boundary to Starkey Boulevard From S.R. 54 to Tower Road/Tower Road North From SR 54 to Tower Road/Tower Road South 142 feet 142 feet 142 feet Upon completion of construction and final acceptance by the County or within 90 days of the County s request, whichever occurs first. Upon completion of construction and final acceptance by the County, or within 90 days of the County s request whichever occurs first Upon completion of construction and final acceptance by the County, or within 90 days of the County s request whichever occurs first Page 18 of 41 Rev. 9/11/12

39 * ROW deviations and alternative standards from County s standard roadway typical sections for collector and arterial roadways may be requested in conjunction with the Master Roadway Plan in order to accommodate urban standards such as TND, TOD, etc. Design/Construction Specifications 37. No excavation within the area of future lanes of multilane facilities will be allowed with the exception of excavation for drainage structures, permitted removal of wetlands, excavation to match existing grade, or as directed by the Engineering Services Director. 38. Alternative roadway-design standards may be considered and approved by the County at the time of each preliminary development plan/preliminary site plan approval. 39. Pursuant to Pasco County Ordinance 11-08, Starkey Ranch MPUD is located within the County s adopted Urban Service Area set forth in the LDC and is exempt from transportation concurrency subject to compliance with the County s mobility fee regulations. Additionally, the Project shall not be relieved of other requirements such as transportation corridor management, collector and arterial spacing, access management, secondary access, and/or timing and phasing as applicable. 40. Prior to the first preliminary development plan/preliminary site plan submittal, the Master Developer shall submit a Master Roadway Plan to the Planning and Development Department for review. The plan shall include, at a minimum, right-of-way widths, roadway cross sections, number of lanes, intersection geometry, phasing, design speed, internal access points, required interconnects, and alignment for major County collector and arterial roadways within the MPUD Master Planned Unit Development and as depicted on the MPUD Master Plan. The plan shall also demonstrate compliance with the County's collector and arterial design and spacing standards of the LDC and the Street and Road Network criteria set forth in the Starkey Ranch PD Subarea Policy FLU Approval of this plan must be obtained from the DRC prior to the first preliminary development plan/preliminary site plan approval. As part of the Master Roadway Plan review and approval process, the County shall reserve the right to require specific deadlines for completion of construction for any portion of these roads and intersections. a. In lieu of one County Collector, Tower Road may be split into a pair of roads subject to the following: Page 19 of 41 Rev. 9/11/12

40 (1) Tower Road North shall be designed, permitted, and constructed as a two (2) lane roadway expandable to four (4) lanes with eighty (80) feet right-of-way; (2) Tower Road South shall be designed, permitted, and constructed as a two (2) lane roadway with sixty (60) feet right-of-way. (3) The cross sections for Tower Road North and Tower Road South shall be subject to DRC approval at the time of Master Roadway Plan approval. b. The Master Roadway Plan shall address the requirement for frontage roads along the north side of S.R. 54 in accordance with Policy TRA of the Comprehensive Plan. 41. In the event the applicant/landowner elects to, or is required to, cross or utilize Progress Energy s land near Starkey Boulevard, and elects to utilize the County s rights in paragraph 6 of the Agreement Relating to Kathleen to Zephyrhills North Transmission Line #2, Otis Allen Road, Wire Road and Connections to Starkey Boulevard on file with the Planning & Development Department (the Transmission Line #2 Agreement ), the applicant/landowner shall comply with the County s obligations in paragraph 6 of the Transmission Line #2 Agreement, including, but not limited to, paying for the cost of preparing and submitting design plans and appraisals to Progress Energy, and paying for all closing and recording costs. Utilities/Drainage/Water Service/Wastewater Disposal 42. The Parcel Developer shall submit a Stormwater Management Plan and Report for each development phase or increment in accordance with the Pasco County LDC. The plans shall be approved prior to or simultaneous with application for construction plan review for the development phase/increment in question. No design for an individual increment/phase or portion of an increment / phase shall be dependent upon the ultimate construction of future increments/phases, unless an interim design for drainage is approved by the Permits and Development Information Services Department. 43. A Utilities Service Plan (f.k.a Master Utility Plan) shall be submitted by the Master Developer to the Utilities Services Branch for review and approval. This plan shall minimally show the following: a. Trunk sewer lines and lift stations. Page 20 of 41 Rev. 9/11/12

41 b. Main potable water lines and nonpotable water lines, if applicable. c. Sewage treatment facility locations, including discussion of the proposed method of treatment and the feasibility of a nonpotable water system for irrigation. d. Method of lighting all nonlocal roads shall be submitted at the time of record plat submittal for each unit or phase as applicable. e. The Utility Service Plan shall be presented in a written format in conformance with the Utilities Service Plan guidelines implemented by the Utilities Services Branch. All development shall be consistent with the Utility Service Plan. Unless otherwise approved by the County, prior to the first construction plan/construction site plan approval after the approval of this MPUD, the Master Developer and the County shall enter into an Utilities Service Agreement that is consistent with the approved Utilities Service Plan (f.k.a Master Utility Plan). 44. Each Parcel Developer shall construct all water and wastewater facilities within its development to Pasco County standards, and if necessary, provide off-site water and wastewater facilities, necessary to serve its development. A complete set of instructions may be obtained from the Utilities Services Branch. 45. Water Rights & Water Use Permits: In consideration of Pasco County's agreement to provide potable water and/or reclaimed water to the subject property, the Master Developer or Parcel Developer, as applicable, and its successors and assigns, agree to the following: a. In the event of production failure or shortfall by Tampa Bay Water (TBW), as set forth in Section 3.19 of the Interlocal Agreement creating TBW, the Master Developer or Parcel Developer, as applicable, shall grant Pasco County access to, and shall cooperate with the County in the allocation of water generated within the project pursuant to any and all Water Use Permits or water-use rights the Master Developer or Parcel Developer, as applicable, may have to use or consume surface or ground water within Pasco County. b. Prior to the Master Developer or Parcel Developer, as applicable, selling water, Water Use Permits, or water-use rights, the Master Developer or Parcel Developer, as applicable, shall notify Pasco County, and Pasco County shall have a right of first refusal to purchase such water, Water Use Permits, or water-use rights. Page 21 of 41 Rev. 9/11/12

42 Water Quality and Drainage 46. Development shall not result in Levels of Service for off-site drainage structures below acceptable standards as established in the adopted Pasco County Comprehensive Plan and LDC. 47. All stormwater-management systems shall be designed, constructed, and maintained to meet or exceed the Florida Administrative Code, Chapters 62-25, and 40D-4, or 40D-40; and Pasco County stormwater-management requirements as may be amended from time to time. Treatment shall be provided by biological filtration wherever feasible. Best Management Practices for reducing adverse water quality impacts as required by the regulations of Pasco County and other appropriate regulatory bodies shall be implemented where practical. In addition, each Parcel Developer shall comply with the following design requirements: a. All swales shall be fully vegetated and operational. b. Dry stormwater retention/detention areas, including side slopes and bottoms, shall be vegetated as required. c. Each Parcel Developer or other applicable Responsible Entity shall ensure that the stormwatermanagement system is being properly maintained in keeping with its design and is providing the level of stormwater storage and treatment as established in the Environmental Resource Permit. d. Should the Parcel Developer or Responsible Entity discover that any portion of the stormwater system is not being adequately maintained or that the system is not functioning properly, the Parcel Developer or Responsible Entity shall, within seven days, report such fact to the County and shall promptly undertake any necessary repairs or modifications to the system. The report(s) shall include any such problems and the necessary repairs or modifications to remedy them, as well as what repairs or modifications to the system have been undertaken since the previous report(s). e. Landscape and irrigation shall be in conformance with the LDC in effect at the time of preliminary development plan/site plan approval. 48. The Master Developer shall provide easements for or irrevocable license agreements with either the SWFWMD, TBW, the Florida Department of Environmental Protection (FDEP), and/or the County to continue monitoring the following sites as depicted on Attachment 1: a. JB Starkey 3 Upland Surficial - UID No Page 22 of 41 Rev. 9/11/12

43 b. JB Starkey 3 Wetland Surficial - UID No c. JB Starkey 3 Staff Gage - UID No. 489 d. Starkey Ranch Floridan - UID No e. Starkey Ranch Surficial - UID No f. SC 67 g. SC 68 h. SC 69 i. SC 70 j. SC Stormwater design by the Master Developer or Each Parcel Developer as applicable shall include low impact development techniques to reduce the discharge of pollutant loads into receiving water bodies and to facilitate all stormwater exiting the site in meeting all applicable State and Federal water quality standards. 50. The Pasco County Planning & Growth Management Department shall be copied on any groundwater monitoring and/or surface water monitoring reports as may be required by SWFWMD or FDEP throughout the development or post-development process. In the event the FDEP, SWFWMD, or the County determines there is a violation of any State or Federal water quality standard, the specific construction or other activity identified as causing the violation shall cease until the violation is corrected. Water Resource Protection 51. The Master Developer, each Parcel Developer, and/or Responsible Entities shall comply with the Pasco County Wellhead Protection Ordinance. 52. Should any noticeable soil slumping or sinkhole formation become evident, the Parcel Developer shall immediately notify the County, TBW, and the SWFWMD, and adopt one or more of the following procedures as determined to be appropriate by the County and the SWFWMD: Page 23 of 41 Rev. 9/11/12

44 a. If the slumping or sinkhole formation becomes evident before or during construction activities, stop all work (except for mitigation activities) in the affected area and remain stopped until the County and the SWFWMD approve resuming construction activities. b. Take immediate measures to ensure that no surface water drains into the affected areas. c. Visually inspect the affected area. d. Excavate and backfill as required to fill the affected area and prevent further subsidence. e. Use geotextile materials in the backfilling operation, when appropriate. f. If the affected area is in the vicinity of a water retention area, maintain a minimum vertical distance of five feet from the bottom of the retention pond to the surface of the limerock clay or karst connection. g. If the affected area is in the vicinity of a water retention area and the above methods do not stabilize the collapse, relocate the retention area. 53. Discharge of stormwater into depressions with direct or demonstrated hydrologic connection to the Floridan Aquifer is prohibited. 54. The historic, average rainfall volume discharged from the site shall be maintained in accordance with the LDC, Sections 604, 605, and 606, as applicable, and the Stormwater Management Practices Manual. Land Use 55. Land Use maximums shall be in accordance with the following Land Use Table and may be exchanged by the Master Developer in accordance with the Land Use Equivalency Matrix attached hereto as Exhibit B and incorporated herein. Land use exchange requests shall be submitted to the Planning and Growth Management Department for verification as to implementation and approval in accordance with the Land Use Equivalency Matrix. Land Use Table Development Category* Totals Residential (du) 5,050 Townhouses (du) (500) Apartments (du) (350) Page 24 of 41 Rev. 9/11/12

45 Single-Family (du) (4,200) Commercial/Retail (square feet) 200,000 Hotel (rooms) 220 Office (square feet) Office Medical Office 250,000 (1) (206,500) (43,500) Light Industrial 300,000 Schools, Colleges, Universities, Churches, Cemeteries, Community Centers, Government Buildings and Facilities See Footnote (2) (1) Office and Light Industrial entitlements within the Starkey Ranch DRI may be exchanged with each other but shall not be exchanged or traded off for any other approved uses in the project. (2) For colleges, universities, churches, cemeteries, community centers, and non-district School Board of Pasco County schools, there shall be no maximum if the total building footprint at time of site plan is under or equal to 20,000 square feet. For development of facilities that are larger, a land use exchange in accordance with the LUEM shall be required. If the proposed use is not listed in the LUEM, the Master Developer shall provide the applicable ITE code and conversion rate as applicable. There is no maximum number or square footage limitation for District School Board of Pasco County schools and government buildings and facilities. 56. The Master Developer shall control the initial allocation, exchange, advancement and assignment of all development entitlements and land uses to lands within the Starkey Ranch MPUD, by written instrument executed by an authorized officer of the Master Developer as described below. Submittal of any preliminary development plan/preliminary site plan that utilizes land use entitlements within the Project shall include a copy of an Assignment of Starkey Ranch MPUD Entitlements that: a. Specifically identifies the type and number of entitlements assigned to the site plan that is the subject of the permit application. b. Is dated and executed by the Master Developer or its successors in interest, witnessed by two witnesses and notarized. c. Includes an accurate metes and bounds legal description of the specific area to which the entitlement shave been assigned. d. Is recorded in the public records of Pasco County, Florida. Page 25 of 41 Rev. 9/11/12

46 Development Pattern 57. As depicted on the MPUD Master Plan, the development pattern of the Project consists of four (4) neighborhoods (Downtown Neighborhood, Central Neighborhood, Western Neighborhood and Longleaf Neighborhood), a business park, and suburban residential areas. Neighborhoods shall be defined as consisting of a Neighborhood Center Reference Point, Neighborhood Core, and Neighborhood Edge as further defined below. Each Neighborhood is anchored by an activity center (within each Neighborhood Core) consisting of a park and on or more other non-residential uses as further defined below. One of these activity centers/neighborhood Cores is the Downtown, located at the intersection of S.R. 54 and Gunn Highway. a. Neighborhood Center Reference Point (1) Definition. A single reference point marking the geographic center of the Neighborhood Core and Neighborhood Edge radius measurements. (2) Location. Neighborhood Center Reference Points are generally depicted on the MPUD Plan, and shall be specifically identified on all Preliminary Development Plans/Preliminary Site Plans for each Neighborhood. (3) One of the four required Neighborhood Center Reference Points shall be the existing intersection of Starkey Boulevard and Town Avenue (also known as Downtown Longleaf. ) b. Neighborhood Core (1) Definition. The area lying within ¼ mile of a Neighborhood Center Reference Point. (2) Development Standards (a) Streets in Neighborhood Cores are arranged in a densely interconnected block pattern, which may be curvilinear, organic or rectilinear in design. (b) Blocks within each Neighborhood Core shall have an average perimeter not to exceed 1,320 feet, measured at the property/right-of-way line of surrounding streets, mid-block pedestrian passages or mews, but not including alleys, cul-de-sacs and closes included within a block. If a majority of the area of a given block lies within the Core, it shall be included in calculating this average. (c) Exceptions to the block perimeter requirements may be administratively approved in order to accommodate natural wetland preservation areas five (5) acres or greater, provided the general intent of interconnectivity is met. Page 26 of 41 Rev. 9/11/12

47 Lots at the edge of a neighborhood which back up to wetlands, ponds, upland conservation areas, Progress Energy Transmission Corridor, neighboring developments or State Road 54, are not required to be included in the block perimeter average calculation. (d) Lot standards other than the default standards below and street standards shall be subject to approval by the Planning and Development Department prior to or concurrent with Preliminary Development Plan/Preliminary Site Plan approval (see Submittal Requirements below). (e) Squares, parks or plazas of at least 1/6 of an acre in size may be counted toward the requirements for neighborhood parks. Squares, parks or plazas less than 1/4 acre in size shall contain hardscape and/or a programmatic element such as seating, sculpture, fountain, or play structure. Additional parks and open spaces of varying size and character shall be dispersed throughout residential areas. (3) Required Core Mix Each Neighborhood Core shall contain a discernable activity center (which may be located anywhere within the neighborhood core) consisting of a square, park, or plaza of at least 1/6 of an acre in size plus one or more of the following nonresidential uses: (a) Commercial/Retail. Commercial/Retail may be in a single-story, mixed-use or live-work building(s) designed in an urban fashion, as approved by Planning and Development Staff at the time of site plan review. First floors of mixed-use buildings may be an interim residential use as long as they are designated to be convertible to commercial/retail or office use in the future. (b) Office. (c) Institutional/Civic. (d) The existing Downtown Longleaf, the collocated park/school site, and the Downtown shall satisfy the required uses of three of the four required neighborhood cores. (4) Submittal Requirements. Prior to or concurrent with Preliminary Development Plan/Preliminary Site Plan submittal for any development within a Neighborhood Core, Developer shall submit the following for approval by the County Planning and Development Department: Page 27 of 41 Rev. 9/11/12

48 (a) Location of the Neighborhood Center Reference Point and the corresponding limits of the Neighborhood Core area (b) A block plan for the entire Neighborhood Core area, demonstrating compliance with the average block perimeter requirement. Block plan shall include all required streets, trails and neighborhood street throughconnections depicted on the MRP. (c) A non-binding conceptual block plan for the adjacent 200 feet of Neighborhood Edge areas demonstrating the ability to connect streets into those areas. (d) Designation and location of the minimum required uses. (e) Development Standards for the Neighborhood Core including street types and lot standards (if different from the default development standards described below), parking, and commercial use building frontage requirements (as applicable). Additional development standards may be proposed and are subject to approval by the Planning and Development Department. All development standards shall demonstrate compliance with the Starkey Ranch PD Land Use Designation (Subarea Policy FLU ). (5) Downtown. (a) Definition. The Downtown is the Neighborhood Core located at the intersection of S.R. 54 and the Gunn Highway Extension as depicted on the MPUD Master Plan. The Downtown shall be the primary commercial, office, retail, and entertainment center for the Project. (b) In addition to the foregoing Neighborhood Core requirements, the following shall apply to the Downtown: (i) Required Mix of Uses. The Downtown shall contain a discernible activity center consisting of: 1) A square, park, or plaza of at least 1/6 of an acre in size 2) A minimum of 10 acres of non-residential uses. Vertically mixeduse buildings that provide non-residential uses on the ground floor shall count toward meeting this requirement. 3) A minimum of 10 acres of residential uses. Vertically mixed-use buildings that provide residential uses on upper floors shall count toward meeting this requirement. Page 28 of 41 Rev. 9/11/12

49 4) Residential uses are permitted in the Downtown subject to a minimum of 6 dwelling units per acre net of conservation areas, drainage areas, parks, and right-of-way. A fine-grained mix of medium density residential, employment, commercial and civic uses including vertically mixed uses is encouraged. (ii) Arrangement of Uses 1) To the greatest extent practical, building types and uses shall be arranged to promote pedestrian activity using urban design techniques, including the use of A (pedestrian-friendly) and B (automobile-oriented) streets. B streets shall not be required to be dedicated to Pasco County, as long as they are publicly accessible. 2) Automobile-oriented building types, streets and uses should be located close to State Road 54; large parking lots should be avoided, or surrounded by liner buildings if practical 3) Uses, buildings and infrastructure should be configured to facilitate the re-use and/or redevelopment of buildings, building sites and blocks toward greater density and intensity over time. c. Neighborhood Edge. (1) Definition. The area greater than ¼ mile and less than ½ mile from a Neighborhood Center, plus all residential areas greater than 1/2 mile from a Neighborhood Center AND within 1/4 mile of State Road 54. (2) Development Standards (a) All blocks within Neighborhood Edges shall have a perimeter not greater than 2,640 feet, measured at the property/right-of-way line of surrounding streets and mews, but not including alleys, cul-de-sacs and closes included within a block. Blocks greater than 2,100 feet in perimeter shall include a mid-block pedestrian passage. If a majority of the area of a block lies within the Neighborhood Edge, it shall comply with this requirement. (b) Exceptions to the block perimeter requirements may be administratively approved at the time of site plan review in order to accommodate natural wetland preservation areas five (5) acres or greater, provided the general intent of interconnectivity is met. Lots at the edge of a neighborhood which Page 29 of 41 Rev. 9/11/12

50 back up to wetlands, ponds, conservation areas, Progress Energy Transmission Corridor, neighboring developments or State Road 54, are not required to be included in the block perimeter calculation. (c) Streets shall connect to those in surrounding development areas (Suburban area and Neighborhood Core) to the greatest extent feasible. (d) Residential areas greater than 1/2 mile of a Neighborhood Center and within 1/4 mile of State Road 54 shall have a minimum density of 6 dwelling units per acre net of conservation areas, drainage areas, parks and rights of way (e) Development Standards shall comply with the default development standards set forth below, unless otherwise approved by the Planning and Development Department concurrent with Preliminary Development Plan/Preliminary Site Plan (see Submittal Requirements). (3) Submittal Requirements. Prior to or concurrent with Preliminary Development Plan/Preliminary Site Plan submittal for any development within a Neighborhood Edge, the Master Developer shall submit the following for approval by the Planning and Development Department: (a) Location of the Neighborhood Center Reference Point and the corresponding limits of the Neighborhood Edge area. (b) A block plan for the proposed development area, demonstrating compliance with the maximum block perimeter requirement. Block plan shall include all required streets, trails and neighborhood street through-connections depicted on the MRP. (c) A non-binding conceptual block plan for all adjacent development areas within 200 feet (Neighborhood Core, other Neighborhood Edge, Suburban Areas, Business Park, as applicable), demonstrating the ability to connect streets into those areas. (d) Development standards, if different from the default standards set forth below may be proposed at the time of site plan submittal and are subject to approval by the Planning and Development Department. All development standards shall demonstrate compliance with the Starkey Ranch PD Land Use Designation (Subarea Policy FLU ). Page 30 of 41 Rev. 9/11/12

51 58. Mixed Use Trip Reduction Measures (MUTR-M). Development in conformance with the standards for the Neighborhoods in Condition No. 57 shall be deemed in compliance with the MUTR-M requirements. 59. Suburban Areas (1) Definition. The Suburban Areas shall be defined as those areas outside the Neighborhoods and Business Park as depicted on the MPUD Master Plan. (2) The maximum number of residential units in the Suburban Areas that do not comply with the street network density/maximum block perimeter requirements in Condition No. 57.c.(2) shall be 1,010 (referred to as Suburban Units ). If any of these Suburban Units seek preliminary development plan approval before (a) the construction of a supermarket or 50,000 square feet of non-residential entitlements in the Downtown at Gunn Highway/S.R. 54 and (b) the construction of a complete street, bicycle, and pedestrian network that connects the Suburban Units to the Downtown at Gunn Highway/S.R. 54, then an analysis approved by the County must be submitted that demonstrates compliance with Section E, LDC including the 1.0 Volume to Capacity ratio. Prior to the first submittal of a preliminary development plan for Suburban Units after the County completes the right-of-way/alignment study for managed lanes/transit for the S.R. 54 corridor, the transit accommodations plan referenced in Condition No. 29 shall be submitted and approved. The foregoing requirements/restrictions shall not apply to any units in the Suburban Areas that comply with the street network density/maximum block perimeter requirements in Condition No. 57 or Suburban Units that are obtained through a density transfer from the Mitigation Compatibility Area in the Project, or through the acquisition of TDRs from outside the project. 60. Business Park a. Definition. The Business Park as designated on the MPUD Master Plan shall be the primary employment center of the project. b. Required and Allowable Uses. The Business Park shall contain a minimum of 250,000 square feet of light industrial, office, and/or Target Primary Business. Support retail uses such as restaurants, banks, day-care centers, dry cleaners, hotels/motels and similar uses are permitted in the Business Park. Page 31 of 41 Rev. 9/11/12

52 c. Submittal Requirements. Prior to or concurrent with Preliminary Development Plan/Preliminary Site Plan submittal for any development within the Business Park, the Master Developer shall submit the following for approval by the Planning and Development Department: 1. A street plan for the entire Business Park area, which shall include all existing street connections and required streets, trails and neighborhood street throughconnections depicted on the MRP. 2. A non-binding conceptual block plan for adjacent development areas within 200 feet of Business Park (Neighborhood Edge and Suburban Areas), demonstrating the ability to connect streets into those areas. d. Development standards, if different from the Lot Standards set forth below. Additional development standards may be proposed at the time of site plan submittal, but shall be subject to approval by the Planning and Development Department. All development standards shall demonstrate compliance with the Starkey Ranch PD Land Use Designation (Subarea Policy FLU ). Allowable Uses and Development Standards 61. Commercial/Retail: All C-1 and C-2 permitted uses shall be permitted uses for commercial/retail development in the Neighborhoods (i.e. in both the Neighborhood Cores and Edges). Support retail uses such as restaurants, banks, day-care centers, dry cleaners, hotels/motels and similar uses are permitted in the Business Park. The default development standards shall be in accordance with the non-residential standards attached hereto and incorporated herein as Exhibit C. 62. Office. Office and Professional Office uses shall be permitted uses in the Neighborhoods (i.e. in both the Neighborhood Cores and Edges) and in the Business Park. The default development standards shall be in accordance with the non-residential standards attached hereto and incorporated herein as Exhibit C. Institutional/Civic Uses are allowed in the Neighborhoods. 63. Light Industrial. Light Industrial uses shall be permitted in the Business Park only and developed consistent with the I-1 permitted uses and development standards pursuant to the LDC as amended except for the following uses which shall not be permitted uses: recycling, boat manufacturing, lumber yards, and other light industrial uses that may necessitate outdoor processing, outdoor assembly, or outdoor manufacturing activity. Page 32 of 41 Rev. 9/11/12

53 (1) Depending on the nature of the light industrial use, the County may require a masonry wall/sound buffer, lighting, or other type of mitigation at the time of preliminary development plan/preliminary site plan review to prevent any intrusive effects on adjacent uses. (2) If adjacent to any area site planned as residential: (a) A minimum building separation of 200 shall be required from any single family residential structure. (b) Within such 200-foot building setback area, there shall be a minimum 50 landscape buffer. Such buffer shall be consistent with the planting requirements of the Type C landscape buffer per the LDC, as amended. Such buffer may also be satisfied by a natural wetland buffer. (3) If adjacent to commercial: (a) The development standards shall be in accordance with the commercial standards set forth above. (b) At the time of the pre-application meeting for submittal of a preliminary development plan/preliminary site plan for any light industrial uses, the Parcel Developer shall provide a concept plan that demonstrates how such light industrial uses are integrated with other non-residential uses and how such integration promotes pedestrian connectivity and walk-ability to commercial uses. 64. All residential uses shall be allowed in the Neighborhoods and Suburban Areas. Residential uses shall include neighborhood amenities such as recreational facilities, community centers, pools and parks. Residential development default standards are attached hereto and incorporated herein as Exhibit C. 65. Side-yard setbacks that are less than 7.5 feet must comply with the following conditions being met prior to construction plan approval for each phase or unit unless the lot is accessed by an alley (Type 5 Street). Should the conditions not be met, the minimum side setback shall be 7.5 feet. a. Prior to any construction on the lot, proper erosion and sedimentation controls shall be installed. b. Lots that back up to drainage-retention areas and wetland areas shall be "Type B," graded with high points at the midpoint of the side lot line and slopes toward both the front and rear yards. Discharge into wetlands shall only be allowed where the wetlands are designed and permitted to receive discharge. Page 33 of 41 Rev. 9/11/12

54 c. Lots graded as "Type A" which back up to other lots shall require the installation of gutters on the sides and backs directing drainage to the front. d. Lots graded as "Type B" or "Type C" which back up to other lots shall require that traffic-bearing grates be installed upon a FDOT inlet placed within each rear-lot line easement. Culverts connecting rear-yard inlets to acceptable outfalls shall be installed and shall be reinforced concrete pipe with premium sealed joints, designed to sustain an H-20 loading. A minimum 7.5-foot-wide drainage and access easement shall be provided along all rear-lot lines. Drainage and access easements shall extend to the road right-of-way at block ends. Side-yard, crossaccess easements shall be provided connecting the rear-yard easement to the front right-ofway. e. Side-yard swales shall be sloped to create positive outfall to the front and/or rear of each lot with velocities no greater than allowable for grassed stabilization, as in the FDOT Drainage Manual. f. A maintenance entity, other than and acceptable to the County, shall be designated to provide perpetual maintenance to all drainage and access easements. The approved maintenance entity shall provide annual inspections of side- and rear-yard easements and drainage facilities to verify that no modifications have been made to the grading and ground cover and to inspect any inlets and pipes to verify that no hydraulic restrictions exist. Any modification or hydraulic restriction observed, at any time, shall be corrected. Additional inspections shall be performed, if requested by an adjoining resident or the County. The maintenance entity shall have the right to file a lien to charge property owners for corrections or modifications and collect sufficient funds to perform required maintenance. g. No obstruction/service equipment shall be permitted in the side yard between houses. This includes, but is not limited to, air conditioning systems, water softeners, pumps, fences, etc. h. Walkways shall be allowed if they do not create any obstruction and are flush with grade. i. Gutters and roof structures shall be installed so as to reduce direct discharge to the side-yard swales. j. The engineer of record shall provide to Pasco County signed and sealed, design calculations for each typical lot demonstrating compliance with Pasco County's drainage criteria. The typical site-grading plan shall identify elevations, grades, ground cover, allowable tolerances, and a quality-control plan addressing construction and postconstruction phases. In addition, the engineer of record shall inspect the lot upon completion and complete the "as-built" certification prior to the issuance of the CO for the associated unit. Page 34 of 41 Rev. 9/11/12

55 66. Any structure greater than 35 feet in height shall comply with the following building height, transition zone requirements when adjacent to single family detached, single family attached, and/or townhouses: Building Height Minimum Separation Between Non-Residential Buildings and Single Family Buildings Other Land Use Conditions 67. Agricultural, silvicultural and recreational uses shall be allowed on all parcels pending development thereof. 68. Nothing in these COA s guarantees that the maximum amount of entitlements set forth herein can be accommodated on any portion of the land within Starkey Ranch MPUD due to other regulatory constraints and the physical constraints of the land itself. 69. Parcels may be developed in any order or size increment as long as the parcels being developed do not rely upon infrastructure construction of future parcels. 70. Any overall increase to density/intensity or decrease in open space shall be calculated cumulatively from the last substantial amendment. 71. The Master Developer may designate a site or sites which do not exceed a total of 7 acre(s) to be used for recreational vehicle storage for the exclusive use of Starkey Ranch residents. Such site(s) shall have appropriate landscape buffering in compliance with Pasco County Landscaping and Irrigation Ordinance No as amended. The site(s) must obtain preliminary site plan approval prior to development and be owned by the Responsible Entity. Procedures Page 35 of 41 Rev. 9/11/12

56 72. Unless required elsewhere herein, all conveyances shall occur at record plat, construction plan approval where a record plat is not required, or within ninety (90) days of the County's request, whichever occurs first. All conveyances pursuant to this DO shall be by deed or easement and shall include access easements, be in a form acceptable to the Real Estate Division, be excluded from the boundaries of all special districts, and be free and clear of all liens and encumbrances, including exemption from all covenants and deed restrictions. All stormwater-management plans, reports, or calculations for the Project shall include a detailed scope of design and permitting parameters and a signed and sealed certification that such plans, reports, or calculations comply with this condition. 73. A disclosure statement regarding the construction of all known future arterial and collector roadways abutting and through the preliminary development plan/preliminary site plan and all known future road interconnects to the roads within the preliminary development plan/preliminary site plan shall be included in all sales contracts for residential within the MPUD. This disclosure shall include the future roadway's planned number of lanes and planned construction timing, if applicable. 74. Unless otherwise approved by the Emergency Services Director, each development within the Starkey Ranch MPUD shall be included into a Pasco County Municipal Fire Service Taxing Unit to provide fire protection. The Parcel Developer shall submit a petition for inclusion into the Pasco County Municipal Fire Service Taxing Unit at the time of record plat submission, or when no plat is required, prior to the issuance of the first Building Permit. In no case shall a Building Permit be issued until the Emergency Services Director has received such a petition. 75. Upon each preliminary development plan/preliminary site plan submittal, the Parcel Developer shall provide a contextual map showing the entire MPUD parcel, where the subject property is located within the MPUD parcel and any adjacent previously approved preliminary development plan/preliminary site plans or plats for that MPUD parcel. 76. Preliminary development plan/preliminary site plan submittals shall include a detailed breakdown of the individual plan approvals, including the plan name and increment or phase designation as it relates to the Master Development Plan, acreage of the site, total number of units, or gross floor area ratio of commercial space which have received preliminary development plan/preliminary site plan approval, construction plan/construction site plan approval, and/or record plat approval. Page 36 of 41 Rev. 9/11/12

57 77. Development shall occur in accordance with the LDC Concurrency Management provisions except to the extent exempt from such provisions on account of the property being located within the County s Urban Service Area. 78. Preliminary development plans/preliminary development plans for the entire MPUD must be approved by 2031 instead of six (6) years from this MPUD rezoning. 79. In addition to complying with the above conditions, no further plan approvals will be granted until such time as the acknowledgment portion of the BCC approved document is completed (including notarization) and received by the Planning and Development Department after the BCC action. 80. MUTR-M Trip Reporting. In order for the County to analyze the effectiveness of MUTR-M in MPUD Condition No. 57, the developer shall institute the following trip count report: a. Eighteen (18) months following construction plan approval for vertical construction of fifty (50) percent of the MPUD entitlements in terms of the gross daily external Project trip generation, or prior to construction plan approval for vertical construction of sixty-five (65) percent of the MPUD entitlements in terms of gross daily external Project trip generation, the Master Developer shall institute a trip counting program to provide external daily trip counts and projected counts at the Project entrances as set forth below. b. Project trip counts shall continue on a biennial basis until Project build-out, shall be submitted to the Planning & Development Department biennially from the date of commencement, and shall be included in the biennial report. In the event of no construction activity for the subject year, the Master Developer shall submit a letter in writing stating such. c. The Trip Count Reporting shall consist of weekday daily counts for one full week during the months of May or November to represent the average biennial conditions. Additionally, a week should be selected when Pasco County schools are in session. The average for the 5 days will be used to determine the Project s total daily trips. 81. Biennial Report Language. The Master Developer shall submit a biennial report on the MPUD to the Planning & Development Department by December 31 st of each year following approval of the first construction plan for the Project. The Biennial Report shall include the following information: Page 37 of 41 Rev. 9/11/12

58 a. Summary comparison of development activity proposed and actually conducted as well as a cumulative total of development proposed and actually conducted at the time of the traffic count. b. Description of roadways and access points constructed at the time of the traffic count. c. Have any undeveloped tracts of land in the development (other than individual single family lots) been sold to a separate entity or developer? If so identify parcel/tract, its size and the buyer. Provide maps which show the tracts involved. d. List any substantial local, state, and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. e. Provide a list of MPUD conditions and state how and when each condition has been complied with during the biennial reporting period. f. Provide the biennial traffic reporting information from Condition No All conditions of this MPUD approval are material to the BCC approval. Accordingly, the conditions are not severable. In the event any section, subsection, sentence, clause, or provision of these conditions or the rezoning resolution is challenged and declared illegal, invalid, or in violation of any statutory or constitutional requirement by a body with jurisdiction to make such determination, the remainder of the conditions and MPUD approval shall be suspended until such time that the BCC modifies the MPUD conditions of approval to address the illegal or invalid provision, provided that such suspension shall not exceed nine months in duration. However, such determination shall not affect the validity of 1)any of the Project s entitlements for which a complete application has been submitted, or approval has been received, for a preliminary development plan, preliminary site plan, plat, construction plans, Building Permit, or CO; or 2) any MPUD mitigation committed to or performed as of the date the determination is made, unless such approvals or mitigation are specifically declared to be illegal, invalid, or unenforceable. Requests for BCC-approved modifications to the MPUD Master Planned Unit Development or the MPUD conditions of approval shall not be considered challenges and decisions by the BCC regarding any modification or the like shall not have the effect of suspending the conditions and the MPUD approval under any circumstances. Notwithstanding the foregoing, the MPUD shall not be suspended as to certain lands within the MPUD if the Parcel Developer(s) for such lands agree to abide by all of the provisions of the MPUD until an amendment is adopted to modify the MPUD in order to address the illegal or invalid provision. Notwithstanding the foregoing, if a third party challenges any section, subsection, sentence, clause, or provision of this MPUD and the challenged portion is subsequently declared illegal or invalid, the MPUD shall not be suspended and shall remain in full force Page 38 of 41 Rev. 9/11/12

59 and effect except for that portion declared illegal or invalid. If any section, subsection, sentence, clause or provision of this MPUD is declared illegal or invalid as the result of a third party challenge, the Master Developer shall cooperate with the County to amend this MPUD to address the portion which has been declared invalid or illegal. 83. This MPUD shall not be effective until the corresponding Comprehensive Plan Amendment to PD (Planned Development) and CON (Conservation Lands) is effective. Page 39 of 41 Rev. 9/11/12

60

61 EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C S.R. 54 Intersection Improvements Land Use Equivalency Matrix Development Standard Tables Page 41 of 41 Rev. 9/11/12

62 EXHIBIT A

63

64 EXHIBIT B LAND USE EQUIVALENCY MATRIX

65 Trade-off Mechanism Trade-off Rates Change From Change To S.F. Res TH/Villa Apt Hotel ACLF Shop. Ctr. Office Med-Dent G.L. Ind. Theatre S.F. Residential NA Townhome/Villa NA Apartment NA Hotel (Occupied Rooms) NA NA NA NA ACLF NA NA NA NA Retail NA NA NA NA Office NA NA NA NA NA NA NA NA Med-Dental Office Bldg NA NA NA NA NA NA NA NA General Light Industrial NA NA NA NA NA NA NA NA Multiplex Movie Theatre NA NA NA NA Trade-off rates based on the following trip generation Minimum and Maximum Development Sizing Land Use Units Rate Approved Land Use Units (Trips/Unit) Amount Minimum* Maximum S.F. Residential DU S.F. Residential DU 4, ,620 Townhome/Villa DU Townhome/Villa DU ,000 Apartment DU Apartment DU Hotel (Occupied Rooms) Rooms Hotel (Occupied Rm) Rooms N/A ACLF Rooms ACLF Beds 0 N/A N/A Retail 1000 SF 3.73 Retail SF 200,000 N/A N/A Office 1000 SF 1.49 Office SF 206, ,900 N/A Med-Dental Office Bldg 1000 SF 3.46 Med-Dental Off Bldg SF 43,500 0 N/A General Light Industrial 1000 SF General Light Ind SF 300, ,000 N/A Multiplex Movie Theatre Seats 0.08 Multiplex Movie Thtr Seats 0 N/A N/A *Minimums can be administratively amended by the Zoning Administrator if the amendment will not materially affect any build-out access management analysis, the MUTR-M analysis or other concurrency public facilities (please note that transportation capacity is no longer a public facility). Example 1: Trade-off 20,000 S.F. of Retail for Office = 20,000 * = 50,067 square feet of Office NOTES: 1. Land use exchanges from retail, light industrial, and office to residential are prohibited. 2. Land use exchanges from light industrial and office to retail are prohibited. 3. Prior to approval of any land use exchanges, the proposed exchange must mitigate for any additional park or school impacts as appropriate. 4. Prior to approval of any land use exchanges, the proposed exchange must include assurance that any additional utility demands associated with the proposed exchange can be accommodated.

66 EXHIBIT C DEFAULT STANDARDS

67 Starkey Ranch Residential Lot Standards Product Type Minimum Lot Width (feet) Minimum Lot Depth (feet) Conventional Setbacks (No Alley Access) Minimum Building Separation (10') Side Setbacks 0 feet / 10 feet Minimum Building Separation (10') Side Setbacks 5 feet / 5 feet Minimum Building Separation (15') Side Setbacks 3 feet / 12 feet Minimum Building Separation (15') Side Setbacks 7.5 feet / 7.5 feet Minimum Building Separation (20') Side Setbacks 10 feet / 10 feet Minimum Front Setback (2) Structure / Garage Door Minimum Corner Side Setback (2) Structure / Garage Door Minimum Rear Setback Primary Structure Minimum Rear and Side Setback Accessory Structure Maximum Lot Coverage (3) Primary / Accessory Maximum Building Height SF Detached YES YES N/A N/A N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 15 % 35 feet SF Detached YES YES N/A N/A N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 15 % 35 feet SF Detached YES YES N/A N/A N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 15 % 35 feet SF Detached YES YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 15 % 35 feet SF Detached YES YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached YES YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached YES YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached N/A YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached N/A YES YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached N/A N/A YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached N/A N/A YES YES N/A 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached N/A N/A N/A N/A YES 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Detached > N/A N/A N/A N/A YES 10 feet / 25 feet 10 feet / 25 feet 15 feet 5 feet 75 % / 10 % 35 feet SF Attached (1) N/A YES N/A N/A N/A zero / 25 feet zero / 25 feet 15 feet (4) N/A 100% 45 feet Multifamily N/A N/A N/A YES N/A N/A N/A zero / 25 feet zero / 25 feet zero N/A 100% 65 feet Notes : (1) Single Family Attached shall refer to duplex, tri plex and townhomes. (2) Front Setbacks and Corner Side Setbacks shall be measured from the public road right of way or from the sidewalk. (3) Maximum Lot Coverage for SF Attached will be measured within the block of lots containing the structure they support. (4) Rear Setback for Townhomes may be reduced to zero if the lot is platted to the building perimeter and is surrounded by common area.

68 Starkey Ranch Residential Lot Standards TND Setbacks (Alley Access) Product Type Minimum Lot Width (feet) Minimum Lot Depth (feet) Minimum Building Separation (10') Side Setbacks 0 feet / 10 feet Minimum Building Separation (10') Side Setbacks 5 feet / 5 feet Minimum Building Separation (20') Side Setbacks 10 feet / 10 feet Minimum Front or Corner Side Setback (2) Minimum Rear Setback Maximum Lot Coverage (3) Primary / Accessory Maximum Building Height SF Detached YES YES N/A 10 feet zero 75 % / 15 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 15 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 15 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 15 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached YES YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached N/A YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached N/A YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached N/A YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached N/A YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached N/A YES N/A 10 feet zero 75 % / 10 % 35 feet SF Detached > N/A N/A YES 10 feet zero 75 % / 10 % 35 feet SF Attached (1) N/A YES N/A zero zero 100% 45 feet Multifamily N/A N/A N/A YES N/A zero zero 100% 65 feet Notes : (1) Single Family Attached shall refer to duplex, tri plex and townhomes. (2) Front Setbacks and Corner Side Setbacks shall be measured from the public road right of way or from the sidewalk. (3) Maximum Lot Coverage for SF Attached will be measured within the block of lots containing the structure they support.

69 Starkey Ranch Non-Residential Lot Standards Non-Residential Lot Standards Product Type Minimum Lot Width Minimum Lot Depth Minimum Side Setback (Structure to Structure) Minimum Side Setback (Structure to Parking) Minimum Side Setback (Structure to Public R/W) Minimum Front Setback (Structure to Parking) Minimum Front Setback (Structure to Public R/W) Minimum Rear Setback (Structure to Parking) Minimum Rear Setback (Structure to Public R/W) Maximum Lot Coverage Maximum Building Height Non-Residential (1) zero zero 5 feet 5 feet zero 5 feet zero 5 feet zero 100% 65 feet Notes : (1) Non Residential shall apply to all structures, including mixed use structures, that serve other than a strictly residential uses.

70 EXHIBIT C MPUD MASTER PLAN

71