AVALON PARK WEST (FORMERLY NEW RIVER) PD/MPUD- NARRATIVE FOR DRI RESCISSION, PD SUBAREA AMENDMENT AND MPUD SUBSTANTIAL MODIFICATION.

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1 AVALON PARK WEST (FORMERLY NEW RIVER) PD/MPUD- NARRATIVE FOR DRI RESCISSION, PD SUBAREA AMENDMENT AND MPUD SUBSTANTIAL MODIFICATION DRI Rescission On January 7, 1992, the Pasco County Board of County Commissioners (the BOCC ) adopted Resolution No , adopting a Development Order for the New River Development of Regional Impact (DRI No. 210) (the DRI ). Such Development Order has been amended a total of five times, the latest occurred on November 18, 2003 (Resolution No ) (the aforementioned, as previously adopted, the Development Order ). The Development Order allowed 4,800 residential units, 120,000 sq. ft. of office and 560,000 sq. ft of retail, but only gave specific approval for Phase I entitlements of 1,250 Single-Family residential units, 300 Multifamily units, 120,000 sq. ft. of office and 50,000 sq. ft of retail. The Development Order states that specific approval for the remaining conceptually approved entitlements only requires further transportation analyses. To date, the development has consisted of 550 Single-Family residential units and 10,000 sq. ft. of commercial/retail, well below the thresholds set forth in the Development Order. Sitex NR Development, LLC, a Florida limited liability company ( Applicant ), is the developer of the DRI and has fully performed the mitigation required to achieve and fully vest the entitlements for Phase I as described in the Development Order by complying the Developer obligations under the Development Order, including, but not limited to, the construction of River Glen Boulevard (f/k/a New River Boulevard) through a substantial portion of the subject development (the Project ) and the dedication of the real property for New River Elementary School. Pursuant to F.S , a development that has received a development of regional impact development order pursuant to F.S but is no longer required to undergo development of regional impact review by operation of a change in the guidelines or is otherwise exempt pursuant to F.S (29), may rescind a development of regional impact development order upon showing that all required mitigation related to the amount of development that existed within the development of regional impact on the date of rescission has been completed. Since the adoption of the Development Order, Pasco County (the County ) has adopted an Urban Service Area (the USA ) for the area in which the Project is located and projects within the USA are expressly exempted from development-of-regional-impact review pursuant to F.S (29) because the USA has been found to constitute a Dense Urban Land Area. Because the Project has fully performed all mitigation related to the amount of development to date and because the Project is located in the USA, Applicant is entitled to have the Development Order rescinded in accordance with F.S Therefore, Applicant is hereby making an application to the County to adopt a resolution rescinding the Development Order and terminating the DRI. PD Subarea Amendment and Deletion from Town Center Vision Map A. Subarea Policies. On April 10, 2010, the BOCC adopted Ordinance No , which changed the Future Land Use Classification for the Project to PD, identified the New River Planned Development Subarea on Future Land Use Subarea Map 2-9(23) of the Pasco County

2 Comprehensive Plan (the Comprehensive Plan ) and adopted POLICY FLU New River in the Comprehensive Plan, which created Subarea Policies for the Project (the Subarea Policies ). The Subarea Policies create a maximum level of potential development for the Project and create one policy concerning a Town Center that was previously proposed for the Project. As further discussed below in the MPUD Substantial Modification section, a number of important developments have occurred since 2010 which have caused Applicant to totally reimagine the Project and to focus the more intense areas of development on State Road 54, not the proposed Zephyrhills Bypass West (the Bypass ). When the Project was last substantially amended, the County had programmed substantial funds for the construction of the Bypass, which was intended to be a parallel reliever road for State Road 54. Since then, the Florida Department of Transportation ( DOT ) has designed, permitted and allocated funds for the widening of the segment of State Road 54 in which the Project is located. As a result and due to other changes in the marketplace, the County has substantially delayed the design, permitting and construction of the Bypass. Because the Bypass is unlikely to be constructed in the near or intermediate term, Applicant believes the more intense areas of the Project should be located closer to State Road 54 than previous iterations. Several designs were considered and the result is the proposed MPUD (as hereinafter defined and discussed), which yields slightly greater entitlements than the existing Subarea Policies and which does not propose to develop a Town Center within the meaning of the Comprehensive Plan. Only two such Town Centers have been planned and experience has shown that the regulations concerning the same were not beneficial is encouraging this form of development. Instead of creating a formal Town Center, Applicant proposes to develop a downtown area to anchor the remaining phases of development that is very similar to the downtown area within its sister project outside Orlando, FL called Avalon Park. Avalon Park is a traditional neighborhood designed community in which the primary amenity is its downtown area. Applicant believes that the Mixed Use area depicted on the MPUD Master Plan and the accompanying MPUD Conditions of Approval will ensure that the goals of the existing Subarea Policy for the Project are met without providing unnecessary regulation. As noted above and in the MPUD section below, both the DRI and the MPUD were approved for 4,800 residential units. For some reason, the existing Subarea Policies limited those units to 4,348, but Applicant is unaware of any valid reason to support the limitation. It appears that when the PD subarea language was created, the cumulative residential development reported in the TBRPC Annual Report may have been inadvertently reduced from the total. Because the DRI already analyzed and allowed the full 4,800 units and the Applicant is not proposing to significantly increase the nonresidential square footage, further data and analysis to support the proposed text and minor map amendments should not require further data and analysis. As a result the foregoing, Applicant proposes to make the following text amendments to the Subarea Policies: 1. Change the name of the Subarea to Avalon Park West to match its trade name; 2. Increase the total number of residential units to 4,800 from 4,348 to match the level approved by the DRI and the MPUD; 2

3 3. Slightly increase the total nonresidential square footage to 680,000 from 671,830; and 4. Delete subsection b. in the Subarea Policies concerning the Town Center. The aforementioned changes are reflected in the following changes: POLICY FLU : AVALON PARK WEST (FORMERLY NEW RIVER) Identify the Avalon Park West Planned Development Subarea on Future Land Use Subarea Map 2-9(23). This subarea shall be zoned MPUD Master Planned Unit Development. Any development that would exceed the level of development allowed under this subarea policy shall require an amendment to Policy , and such amendment shall be supported by data and analysis that demonstrates adequate public facilities, services, and infrastructure are available to accommodate the proposed density and intensity of development. Such amendment shall be consistent with the Goals, Objectives, and Policies of the Comprehensive Plan; the requirements of Chapter 9J-5, Florida Administrative Code; and Chapter 163, Florida Statutes. The following maximum levels of development within the Avalon Park West Planned Development Subarea, if in compliance with the MPUD Master Planned Unit Development conditions, are supported by adequate public facilities, services, and infrastructure: Type of Development Residential Nonresidential Maximum Development Potential 4,800 Units 680,000 Square Feet B. Deletion from Town Center Vision Map. As part of the changes to the Project as noted above, Applicant proposes to develop a powerful downtown area that will be key to the success of the remainder of the Project. However, the downtown area will not necessarily qualify as a Town Center as defined in the Comprehensive Plan and LDC. As such, it is no longer advisable that any portion of the Project be included in FLU Map 2-14, which is the County vision map for Town Centers. MPUD Substantial Modification On December 13, 1988, the BOCC approved Zoning Petition Number 4061 for a change in zoning from an A-C Agricultural District to an MPUD Master Planned Unit Development District. The foregoing MPUD has been amended five times, most recently on June 1, 2012 (the foregoing MPUD, as amended, the MPUD ). The MPUD is located on the north side of S.R. 54 at River Glen Boulevard and contains 1, acres, m.o.l. The MPUD allows up to 4,800 dwelling units (Phase 1 approval only for 1,550 units), 560,000 sq. ft. of commercial (Phase 1 approval for 50,000 sq. ft.), 120,000 sq. ft. of office (all approved in Phase 1) and the elementary school mentioned above. 3

4 The MPUD has historically envisioned a typical suburban form of residential development that is prevalent in Pasco County. Applicant proposes to substantially change the intended form of development to allow a true downtown area on S.R. 54 and allow product types in all land use areas that will compliment and be mutually supportive of the downtown area based on applicant s experience with its successful Orlando project. The idea is to create a Project that is large, mixed-use project and has uses that are well-located, sized and supportive of one another. The Project will comply with the MUTRM (Mixed Use Trip Reduction Measures) requirements of Section of the Pasco County Land Development Code (the LDC ), which requires that the Project create a connected, mixed-use, compact development pattern and contain Compact Development Area(s) and certain minimum density to ensure that the Project is sustainable, mutually-supportive and reduces automobile dependency. The primary objectives of the proposed modification to the MPUD are to: (a) leave intact the portions of the Project that have already been platted and built; (b) fully vest the remaining phases/entitlements for the Project to allow the creation of the intended mixed use, mutually supportive development; (c) create new development standards for the proposed residential and non-residential areas within the Project; (d) delete references to park areas within the floodplain that area no longer contemplated for this use; and (e) update the conditions of approval to reflect updated conditions now used by the County and delete older conditions that are no longer used by the County in MPUDs. It is noted that a Utility Service Agreement has already been approved for the entire Project. The substantial modification to the MPUD proposes the following changes to the Master Plan and Conditions of Approval as described as follows: A. MPUD Master Plan 1. Update the entitlements per the amendments to the Subarea Policies; 2. Phasing information from the DRI is deleted; 3. Update the product types to create new development standards for the proposed residential and non-residential areas within the Project; and 4. Show access to the proposed downtown area along S.R. 54 at a new entrance east of River Glen Boulevard and show connectivity from S.R. 54 through the new downtown area back north to River Glen Boulevard. B. MPUD Conditions of Approval The proposed substantial modification to the approved MPUD proposes changes to the conditions of approval to accomplish the following: 1. Create vesting language for the existing, built out areas within the Project; 2. Create an approved Parks and Mobility Plan; 3. Eliminate old concurrency-related conditions; 4. Delete conditions that are no longer used in MPUDs, many of which are addressed in conditions of approval for site plan approvals; 5. Create an approved Public Transit Accommodations Plan; 4

5 6. Create a Master Roadway and Phasing Plan for the Project; 7. Create a Parks and Mobility Plan for the Project; 8. Define the site access improvements required for all Internal Access Points and External Access Points and accompanying conditions per other recently-approved mpuds; 9. Update right-of-way dedication requirements; 10. Clarify the permitted uses noted above and create new development standards for residential and non-residential uses; 11. Create a MUTRM Master Plan for the Project; and 12. Clarify other open issues in the conditions. Due to the fact that development is ongoing within the Project, it will be important that the DO not be rescinded until the County approves the MPUD and both the resolution of rescission and the MPUD conditions of approval should contain language stating that the approval of each of them are contingent upon no appeals of either being timely filed. It should be noted that Exhibits B, D, E and F to the draft MPUD conditions of approval will be developed upon the final approval of the Timing and Phasing Analysis after submittal of the subject applications. 5