/34 r OF COUNTY COMMISSIONERS TRANSMIT THE CASE TO THE PINELLAS PLANNING COUNCIL FOR REVIEW, BOARD OF COUNTY COMMISSIONERS DATE: AGENDA ITEM NO.

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1 BOARD OF COUNTY COMMISSIONERS Consent Agenda 0 Regular Agenda 0 h Cou n tv Administrator s Siq n atu bfi \ Su biect: /34 r DATE: AGENDA ITEM NO. Public Hearing Zoning Case No. (Q) Z/LU (Clifford Stout) Department: Building & Development Review Services Recommended Action: Staff Member Responsible: Paul Cassel, Director PINELLAS COUNTY STAFF AND THE EXAMINER RECOMMEND (1) APPROVAL OF THE LAND USE AND ZONING CHANGE WITH THE UNDERSTANDING THAT THE BOARD WOULD FIRST DETERMINE THAT THE NEIGHBORHOOD AND REVITALIZATION IN THE AREA WILL NOT BE COMPROMISED OR NEGATIVELY IMPACTED BY THE APPROVAL; AND (2) APPROVAL OF THE DEVELOPMENT AGREEMENT, WHICH INCLUDES A SPECIAL EXCEPTION GRANTING THE MAXIMUM AFFORDABLE HOUSING DENSITY BONUS OF 50 PERCENT, WITH THE INCLUSION OF THE SAME UNDERSTANDING AS PRESENTED ABOVE; AND (3) THAT THE BOARD OF COUNTY COMMISSIONERS TRANSMIT THE CASE TO THE PINELLAS PLANNING COUNCIL FOR REVIEW, WITH SUBSEQUENT ACTION BY THE COUNTYWIDE PLANNING AUTHORITY (CPA). Summarv ExDlanationlBackqround: * See attached Pinellas County Staff and Examiner Report. Fiscal ImpactlCostlRevenue Summary: NIA ExhibitslAttachments Attached: Locator Map, Examiner Report, Zoning Map, Development Agreement, Exhibits, Resolution, Ordinance & Correspond en ce

2 Z/LU Zoning From: RM-7.5 TO: RM-10 LpA Land Use From: RU To: RLM Parcel I.D. 01/31/15/00000/130/4000 With a development agreement and special exception granting affordable housing density bonus. PreDared bv: Pinellas Countv Plannina DeDartment. October , revised December I

3 PINELLAS COUNTY STAFF AND EXAMINER REVIEW AND RECOMMENDATION Case No. ZILU (LPA NO ) Local Planning Agency (LPA) Public Hearing Date: January 2,2008 APPLICANT S NAME: REPRESENTED BY: REQUEST FOR: GENERAL LOCATION: PARCEL IDENTIFICATION: BCC HEARING DATE: Clifford Stout (Existing Contract: Contemporary Housing Alternatives of Fla., Inc. - Officers: Jacob Stowers-Chairman, Ellsworth Warmouth-Vice Chairman, Alan Swart-Seflreasurer, Peter Jon Volmar-Director, Susan Dodge-Director, Rose Alcala-Director) John D. Carr Zone change from: to: Land Use change from: to: RM-7.5, Residential, Multiple Family, 7.5 units per acre RM-10, Residential, Multiple Family, 10 units per acre Residential Urban Residential Low Medium and Development Agreement with a Special Exception granting an Affordable Housing Density Bonus for 55 units (one-story and two-story buildings), with a maximum 35 ft. overall height. A parcel of land containing approximately 3.7 acres located 600 ft. east of Park Street and lying between 46th Avenue North and 48th Avenue North, St. Petersburg. A legal description is available in file upon request. 01/31/15/00000/130/4000 January 22,2008 RECOMMENDATION: BASED ON THE FINDINGS IN THIS REPORT, PINELLAS COUNTY STAFF AND THE EXAMINER RECOMMEND: (1) APPROVAL OF THE LAND USE AND ZONING CHANGE WITH THE UNDERSTANDING THAT THE BOARD WOULD FIRST DETERMINE THAT THE NEIGHBORHOOD AND REVITALIZATION IN THE AREA WILL NOT BE COMPROMISED OR NEGATIVELY IMPACTED BY THE APPROVAL;* AND (2) APPROVAL OF THE DEVELOPMENT AGREEMENT, WHICH INCLUDES A SPECIAL EXCEPTION GRANTING THE MAXIMUM AFFORDABLE HOUSING DENSITY BONUS OF 50 PERCENT, WITH THE INCLUSION OF THE SAME UNDERSTANDING AS PRESENTED ABOVE;* AND (3) THAT THE BOARD OF COUNTY COMMISSIONERS TRANSMIT THE CASE TO THE PINELLAS PLANNING COUNCIL FOR REVIEW, WITH SUBSEQUENT ACTION BY THE COUNTWIDE PLANNING AUTHORITY (CPA). The LPA agrees with the staff recommendation(s): YES X * * with the addition of the underlined wording LPA signatory: - /m ed i? Recom endations (7) and (2) NO -

4 ZILU Page 2 PERSONS APPEARING AT THE PLANNING AND ZONING EXAMINER S HEARING AND CORRESPONDENCE RECEIVED AS OF THE DATE OF THIS REPORT: Five (5) persons appeared in opposition at the Examiner s public hearing. Eleven letters ( s) received preceding or following that hearing. PERSONS APPEARING AT THE LOCAL PLANNING AGENCY HEARING AND CORRESPONDENCE RECEIVED AS OF THE DATE OF THIS REPORT: At the December 18, 2007 LPA hearing, the case was continued to the January 2,2008, LPA hearing. Eleven people appeared in opposition on December 18, 2007 and six people appeared in opposition on January 2, Since the December 18, 2007 LPA hearing, eleven calls/ s/letters have been received in opposition. SURROUNDING ZONING AND LAND USE FACTS: Land Use Category Subject Residential Urban Property: Adjacent Properties: North Residential Urban East Residential Urban South ResidentiaVOffice General Residential Urban West Residential Urban & Commercial General Zoning Designation RM-7.5 R-4 R-4 R-4 & R-6 R-4 & C-3 Existing Use Vacant Single Family Residences & Duplexes Single Family Residences & Duplexes Public Works property; Single Family Residences; Crosswind Mobile Home Park Single Family Residences (north end of subject siie), and Retail,. Construction, etc. businesses ZONING AND LAND USE CONSIDERATIONS: Background The applicant is requesting an amendment to the Pinellas County Future Land Use Map (FLUM for approximately 3.7 acres from Residential Urban (RU) to Residential Low Medium (RLM) and to the zoning atlas from RM-7.5, Resldential Multiple Family, 7.5 units per acre to RM-70, Residential Multiple Family, 70 units per acre. In addition, the applicant is requesting the maximum affordable housing density bonus to be applied to the RM-10 zoning district (i.e., 50 percent over the 10 units per acre, resulting in a density of 15 units per acre). In association with the request, a Development Agreement has been submitted for review. With the density bonus, the applicant proposes to develop a 55 unit multi-family apartment complex (2 and 3 bedroom units). Based on the development agreement, the applicant intends to develop a rental housing project with a minimum of 20 percent of the units being affordable to households with an annual income of less than 60 percent of the Pinellas County median family income. The project will be built and managed by Contemporary Housing Alternatives of Florida, and Pinellas County Community Development is intending to assist the applicant with obtaining necessary financing.

5 Z/LU Page 3 To the north of the subject site is a residential neighborhood consisting of single family homes and duplexes, and with a Residential Urban land use designation. To the east, and also designated as Residential Urban, are more single family homes, along with some duplexes associated with the Boley Center. To the south, across 46'h Avenue North, is Crosswind Mobile Home Park designated as Residential Urban, along with some single family homes and two lots owned by Pinellas County Highway. To the west of the majority of the subject site is a commercial area, with an assortment of warehousing and intense commercial uses, designated as Commercial General, with C-3 zoning. At the very northwest end of the subject site are additional single family residential uses designated as RU. The subject site contains several trees, although the cluster of trees on the western edge of the site is largely non-native Australian Pine. The site is located within hurricane evacuation level D, and is not located within the 100 year floodplain. Compatibility with Surrounding Uses While the majority of the area can be characterized as single family residential and duplexes, to the west of the subject site is a large commercial area extending out to Park Street. To the south, across 46'h Avenue North, is an approximately 29 acre mobile home park with 191 units, or roughly 15 units to the acre. The proposed density of 15 units per acre at the subject property would be similar to the existing density to the south across 46'h Avenue North. This 55 unit multi-family development could serve as a transition from the more intense commercial development to the west and the largely single family and duplex neighborhood to the east. The applicant proposes to install fencing around the property which will help to serve as a buffer to surrounding single family and duplex development. In addition, to prevent cut-through traffic from 46'h Avenue North to 48th Avenue North, the applicant intends to use the 48'h Avenue North entrance for emergency vehicle access only, via a locked gate. There appears to be a significant amount of single family and duplex rental housing in the vicinity of the subject site. The proposed affordable housing development would, therefore, add to the inventory of both affordable and market rate rental options in the area. Given that there is extensive commercial development in the vicinity of the subject area, the proposed development could provide housing opportunities for nearby workers. Development Agreement, Special Exception for the Affordable Housing Density Bonus, and Transportation Concurrency The applicant has requested the maximum density bonus in order to be able to construct 55 multifamily rental units and to be able to market at least 20 percent of those units as affordable housing. The Development Agreement is required in order for the Board of County Commissioners to be able to consider granting a special exception to provide for the density increase. Per the zoning provisions of the Pinellas County Code, (see Sec.l (b)(3), as well as Division 7, Special Exceptions), a density bonus may be granted subject to compatibility with the surrounding natural and physical environment, as long as the approval does not negatively impact the surrounding neighborhood, and as long as concurrency management provisions are satisfied. Pinellas County Community Development staff has been working with Contemporary Housing Alternatives of Florida (CHAF) to facilitate the provision of affordable/workforce housing at this location. CHAF is a long-time affordable housing provider, responsible for developing several affordable and mixed income projects throughout the County. As the project will be constructed as 2 and 3 bedroom units, staff had expressed concern to the applicant over a lack of open space available as a play area for children. There are no public parks or community play areas in the vicinity of this project. In response to these concerns, the applicant worked with staff to arrive at a concept plan that now provides for a portion of the site to remain unpaved to serve as open greenspace. The revised concept

6 Z/LU Page 4 plan, which is included with the development agreement, should also enable the applicant to meet the County s landscaping and setback requirements without requiring any variances. In regard to impacts on the transportation system, the amendment would increase traffic by approximately 97 trips per day. As the proposed amendment site is located within a half mile of Park Street, which is designated as a congestion containment corridor, the project, and the request for a density bonus, will be subject to meeting the provisions of the County s concurrency management system. Since a specific transportation mitigation plan has not been submitted and approved, the applicant would need to work with staff to develop appropriate concurrency management strategies prior to development of the site. While the subject site will contribute vehicle trips to a roadway (Park Street) already impacted by concurrency, there are several public transit stops already located along 46 h Avenue North that will provide transit service for residents of the proposed development instead of having to rely only on the automobile. Other Infrastructure Impacts The property is located within the Pinellas County Water Demand Planning Area and the service area for the South Cross Bayou Water Reclamation Facility. Based on the request for 55 multi-family residential units, potable water impacts would increase by approximately 3, 552 gallons per day (gpd) and wastewater impacts would increase by approximately 3,000 gpd. Solid waste disposal impacts would increase by approximately 45 tons per year with the approval of this amendment. Summary Because of the Board of County Commissioners expressed need to facilitate the provision of affordable and workforce housing for Pinellas County residents, and as the revised concept plan provided by the applicant has resulted in a project that fits better on the site and within the neighborhood, staff supports the approval of the proposed land use and zoning change, including the affordable housing density bonus and the development agreement. However, in order to allow for the density bonus, the applicant will need to work with staff to ensure that transportation concurrency issues are addressed, to provide appropriate landscape buffering to adjacent properties, and to ensure that the result is a quality development that is compatible with the surroundings and contributes to revitalization of the area. BASED ON THE ABOVE INFORMATION THE FOLLOWING FINDINGS ARE SUBMITTED REGARDING THE APPLICANT S REQUEST: Finding 1: The amendments, as proposed, are consistent with the following principles, goals, objectives and policies of the Pinellas County Comprehensive Plan: PLANNING TO STAY ELEMENT: Housing Principle 1: A broad range of housing affordable to all income groups needs to be provided so that households of various incomes are able to reside throughout Pinellas County to support the local economy. As buildout is reached and Pinellas County continues to be a desirable place to live, there will be limited opportunities for the provision of additional housing and therefore a strong demand for existing dwelling units. This is likely to exert upward pressure on housing prices and rents. FUTURE LAND USE ELEMENT: Goal 1: The pattern of land use in Pinellas County shall be orderly and reasonable in distribution and intensity, conserve natural resources, be in the overall public interest, and effectively serve the community and environmental needs of the population.

7 Z/LU Page 5 Objective 1.I Development intensities shall be compatible with environmental features and with surrounding land uses, both developed and undeveloped. Policy 1.I.3 Plan designations shall be compatible with the natural environment, support facilities and services, and the land uses in the surrounding area. HOUSING ELEMENT: Goal 1: Provide decent, safe and sound housing in a variety of types, sizes, locations and costs to meet the needs of current and future residents of unincorporated Pinellas County, regardless of race, color, religion, sex, national origin, handicap or familial status. Objective 1.1 : Provide for new dwelling units in a variety of types, sizes, locations and costs, to meet 100 percent of the needs of unincorporated Pinellas County. Policy 1.I.2: Include nodes of higher residential density near employment centers and adjacent to arterial roadways. Policy 1.5.1: Support the provision of additional rental housing for Very Low and Low Income households. Policy 1.5.8: The Pinellas County land development regulations may allow a density bonus for affordable housing developments as specified in the County's adopted Affordable Housing Incentive Plan, and subject to program guidelines and specifications as well as compatibility with surrounding development, site constraints, and other appropriate consideration as determined through the Pinellas County Comprehensive Zoning Regulations and the site plan review process. Subject to the above constraints and considerations, any density bonus allowed for an affordable housing development shall not exceed 50 percent of the existing allowable density on a property as determined by the Future Land Use Map or the applicable land development regulations, whichever is more restrictive. A density bonus shall not be allowed for affordable housing developments located within the coastal high hazard area or the Evacuation Level A area. Finding 2: The amendments, as proposed, are not consistent with the following principles, goals, objectives and policies of the Pinellas County Comprehensive Plan: FUTURE LAND USE ELEMENT: Policy 3.2.3: Pinellas County shall discourage approval of Zoning and/or Future Land Use Map (FLUM) amendments that would increase the number of trips generated on corridors designated as long term concurrency management, congestion containment and constrained corridors in the Concurrency Statement. STATEMENT OF RIGHT-OF-WAY AND DRAINAGE Surface Water Engineering has no objections. No comments were received pertaining to right-of-way. SPECIAL NOTE REGARDING COUNTY DEVELOPMENT REGULATIONS Approval of this request does not ensure that the site can meet County development regulations, or concurrency management requirements Attachment (Maps)

8 Z I- cn ld U a n RU I Z/LU Zoning From: RM-7.5 TO: RM-10 LPA Land Use From: RU To: RLM Parcel I.D. 01/31/15/000~/130/~~~~ With a development agreement and special exception granting affordable housing density bonus. Prepared by: Pinellas County Plannincl Department. October 9, 2007, revised December Pinella built I

9 DEVELOPMENT AGREEMENT DRAFT This Development Agreement ("Agreement") is dated, 2008, effective as provided in Section 5 of this Agreement, and entered into between Clifford Stout ("Owner") and Pinellas County, Florida, a political subdivision of the State of Florida acting through its Board of County Commissioners, the governing body thereof (Tounty"). R E C I T A L S : A. B. C. D. E. F. G. H. I. Sections , Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the County to enter into binding development agreements with persons having a legal or equitable interest in real property located within the unincorporated area of the County. Under Section of the Act, the County has adopted Chapter 134, Article VI1 of Part 111, the Pinellas County Land Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. Owner is the owner of approximately 3.7 acres m.o.1. of real property ("Property") located 600 feet east of Park Street between 46" and 48th Avenues North in the unincorporated area of the County, more particularly described on Exhibit "A" attached hereto. Owner desires to develop and use the Property as workforce rental housing. The Property currently has a land use designation of Residential Urban and is zoned RM Owner has requested that that the County place a land use designation of Residential Low Medium and a zoning designation of RM on the Property, and approve a special exception for an affordable housing density bonus pursuant to Sections (23) and of the Pinellas County Code of up to 50% for a maximum of 55 units on the Property. The County cannot justify the requested action absent the restrictions contained in this Agreement and in the deed restriction required in Section and the County supports the change in zoning and land use designation based upon the provisions of the Agreement. The County and Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. The County has found that the terms of this Agreement are consistent with the Pinellas County Comprehensive Plan and the Code.

10 STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: Section 1. Recitals. The above recitals are true and correct and are a part of this Agreement. Section 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act Section 3. Section 4. Section 5. Propertv Subject to this Agreement. The Property is subject to this Agreement. Ownership. The Property is in fee simple by Owner Effective Datemuration of this Agreement. 5.1 This Agreement shall become effective as provided for by the Act and shall be contingent upon obtaining final approval, and effectiveness of the land use designation of Residential Low Medium and a zoning designation of RM , as requested on the Property. 5.2 This Agreement shall continue in effect until terminated as defined herein but for a period not to exceed five (5) years. Section 6. Obligations under this Agreement Obligations of the Owner Binding Obligations. The obligations under this Agreement shall be binding on Owner, its successors or assigns. Development Review Process. At the time of development of the Property, Owner will submit such applications and documentation as are required by law and shall comply with the County's Code applicable at the time of development review. Development Restrictions. The following restrictions shall apply to development of the Property The Property shall be used for workforce rental housing pursuant to Sections (23) and 138-2

11 1346 of the Pinellas County Code, for a maximum of 55 units on the Property. A minimum of twenty percent (20%) of the units developed will be affordable to households with annual incomes below sixty percent (60%) of the area median income (AMI) The property shall be developed substantially in conformance with the Concept Plan, attached as Exhibit B. The development of the site is subject to the requirements of the concurrency management sections of the Pinellas County Land Development Code. No vehicular access, except for emergency access acceptable to the local fire marshal, shall be permitted onto 48th Ave North Recordinv of Deed Restriction. Prior to issuance of a building permit for the Property, Owner shall record a deed restriction encumbering the Property, which deed restriction shall be approved as to form by the County Attorney (which approval shall not be unreasonably withheld) and which will generally describe the development limitations of this Agreement. The deed restriction shall be perpetual and may be amended or terminated only with the consent of the County, which consent, shall not be unreasonably withheld Obligations of the County Concurrent with the approval of this Agreement, the Board amends the land use and zoning designation and grants a special exception for the Property as set forth in Recital F above County will promptly process preliminary and final site plan applications for the Property that are consistent with the Plan and that meet the requirements of the Code The final effectiveness of the redesignation referenced in Section is subject to: The provisions of Chapter 125 and 163, Florida Statutes, as they may govern such amendments; and 3

12 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. Section 7. Public Facilities to Service DeveloDment. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. 7.1 Potable water from the City of St. Petersburg. 7.2 Sewer service from Pinellas County. 7.3 Fire protection from Lealman Fire and Rescue. 7.4 Drainage facilities for the parcel will be provided by Owner. Section 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1. Site plan approval(s) and associated utility licenses and right-of-way utilization permits; 8.2. Construction plan approval(s); 8.3. Building permit(s); and 8.4. Certificate(s) of occupancy. Section 9. Consistency. The County finds that development of the Property consistent with the terms of this Agreement is consistent with the Pinellas County Comprehensive Plan. Section 10. Termination In the event of termination pursuant to the Section 10.2, the Property shall return to its current land use and zoning designations. Owner agrees to cooperate and not contest any administrative procedures necessary to implement restoration of the zoning designations. This obligation survives the termination of the Agreement for the time necessary to accomplish the redesignations If Owner's obligations set forth in this Agreement are not followed in a timely manner, as determined by the County Administrator, after notice to Owner and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until Owner has fulfilled its obligations. Failure timely to fulfill its obligations 4

13 may serve as a basis for termination of this Agreement by the County, at the discretion of the County and after notice to Owner and an opportunity for Owner to be heard. Section 1 1. Other Terms and Conditions. Except in the case of termination, until five (5) years after the date of this Agreement, the Property shall not be subject to downzoning, unit density reduction, or intensity reduction, unless the local government has held a public hearing and determined: That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or This Agreement is based on substantially inaccurate information provided by Owner; or That the change is essential to the public health, safety or welfare. Section 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. Section 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): Owner: With copy to: Owner s rep If to county: With copy to: Clifford Stout th Avenue North St. Petersburg, Florida John D. Carr, President Contemporary Housing Alternatives of Florida, Inc th Avenue North St. Petersburg, Florida Pinellas County Board of County Commissioners c/o County Administrator 315 Court St. Clearwater, FL David S. Sadowsky Esquire Senior Assistant County Attorney Pinellas County Attorneys Office 3 15 Court Street Clearwater, Florida

14 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. Section 14. Right to Cure. Owner will not be deemed to have failed to comply with the terms of this Agreement until Owner shall have received notice from the County of the alleged noncompliance and until the expiration of a reasonable period after receipt of such notice to cure such non-compliance. Whether the time period has been reasonable shall be based on the nature of the non-compliance and shall be determined in the sole judgment of the County Administrator, reasonably exercised. Section 15. Minor Non-Compliance. Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the County Administrator, reasonably exercised, as a minor or inconsequential nature. Section 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. Section 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement, such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. Section 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the County. Section 19. Entire ADeement. This Agreement (including any and all Exhibits attached hereto, all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. Section 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to Owner includes Owner s successors or assigns. This Agreement was the production of negotiations between representatives for the County and Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be construed against any party hereto. If any term or provision of this 6

15 Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. Section 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party thereto to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days notice to the other parties. Section 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. Section 23. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. End of Substantive Provisions, Signature Page to follow 7

16 WITNESSES: OWNER Printed Name: By: Printed Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by, who is personally known to me or who produced as identification., Notary Public Print Notary Name My Commission Expires: ATTEST: PINELLAS COUNTY, FLORIDA KEN BURKE, CLERK Deputy Clerk BY: Chairman Board of County Commissioners APPROVED AS TO FORM: A - Y L County Attorney pment AgreementsE-LU d~,---- 8

17 Owner: Clifford L. Stout and Mary Ann Stout Property Address: ' Avenue North, St. Petersbug,.Florida Parcel 1: EXHIBIT A LEGAL DESCRIPTION That part of the West 1/2 of the Southeast 114 of the Southwest 1/4 of the Northeast 114 of Section 1, Township 3 1 South, Range 15 East, described as follows: The West feet of the South feet of the West 1/2 of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of said Section 1, Township 3 1 South, Range 15 East, less the South feet for street. Parcel 2: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of Section 1, Township 3 1 South, Range 15 East, described as follows: From a Point of Beginning at the Northwest corner of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of the said Section 1, run South 89'45'44" East, along the 10 acre line feet; thence South 090'27" West feet; thence South 20'42'54" West feet; thence North 89'46'18" West feet to the West line of said West 1/2; thence North 0'20'27" East along said West line feet to the Point of Beginning. Parcel 3 : That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 3 1 South, Range 15 East, described as follows: From the Northwest corner of the West 1/2 of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of said Section 1, run South 89'45'44" East along the 10 acre line feet for a Point of Beginning. Continue thence South 89'45'44" East along said 10 acre line feet to the Northeast corner of said West 1/2; thence run South 0'20'36'' West feet; thence North 89'46'18" West feet; thence South 090'36" West feet; thence South 89'46'19" East feet then South 0'20'36'' West feet; thence North 89'46'18" West feet; thence North 0'20'36" East feet; thence North 89'46'18" West feet; thence North 9'57'54" West feet; thence North 090'27" East feet to the Point of Beginning. Parcel 4: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of Section 1, Township 3 1 South, Range 15 East, described as follows: From the center of Section 1, Township 3 1 South, Range 15 East, run South 89'46'1 8" East feet along the East/West centerline of said Section 1, thence run North 0'20'27'' East feet along the East line of the said West 112, thence South 89'46'18" East feet for a Point of Beginning. Continue thence South 89'46'1 8'' East feet, thence North 090'36'' East feet; thence North 9'57'54" West feet; thence South 20'42'54" West feet, thence South 0'20'27" West feet to the Point of Beginning.

18 EXHIBIT B t i w..d 7 6

19 RESOLUTION NO. RESOLUTION CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF LAND CONTAINING APPROXIMATELY 3.7 ACRES LOCATED 600 FT. EAST OF PARK STFEET AND LYING BETWEEN 46TH AVENUE NORTH AND 48TH AVENUE NORTH, ST. PETERSBURG; PAGE 299 OF THE ZONING ATLAS, AS BEING IN SECTION 01, TOWNSHIP 31, RANGE 15; FROM RM-7.5, RESIDENTIAL, MULTIPLE FAMILY, 7.5 UNITS PER ACRE TO RM- 10, RESIDENTIAL, MULTIPLE FAMILY, 10 UNITS PER ACRE AND A SPECIAL EXCEPTION FOR AN AFFORDABLE HOUSING BONUS WITH A DEVELOPMENT AGREEMENT FOR 55 UNIT ONE-STORY AND TWO-STORY BUILDINGS UP TO 35 FT. M HEIGHT; UPON APPLICATION OF CLIFFORD STOUT THROUGH JOHN D. CARR, CONTEMPORARY HOUSING ALT. OF FLORIDA, REPRESENTATIVE, ulu WHEREAS, Clifford Stout, Owner(s) of the property hereinafter described, has petitioned the Board of County Commissioners of Pinellas County to change the zone classification of the real property hereinafter described fiom RM-7.5, Residential, Multiple Family, 7.5 units per acre to RM-10, Residential, Multiple Family, 10 units per acre and a special exception for an Affordable Housing Bonus with a Development Agreement for 55 unit one-story and two-story buildings up to 35 ft. in height; and WHEREAS, legal notice of public hearing on such proposed change of zone classification was duly published as required by law, as evidenced by publisher s affidavit filed with the Clerk; and WHEREAS, said public hearing has been held on the date and at the time specified in said published notice at which citizens and interested persons have been given opportunity to be heard, and all requirements of law and of rules promulgated by this Board have been complied with; and WHEREAS, this Board has determined that the zone classification of said property should be changed. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County in regular session duly assembled this 22nd day of January 2008 that the zone classification of the following described real property in Pinellas County, Florida, to wit: See Attached Exhibit A be, and the same is hereby changed fiom RM-7.5, Residential, Multiple Family, 7.5 units per acre to RM-10, Residential, Multiple Family, 10 units per acre, subject to an amendment to the Pinellas County Future Land Use Map from Residential Urban to Residential Low Medium and a special exception for an Affordable Housing Bonus with a Development Agreement for 55 unit one-story and two-story buildings up to 35 ft. in height, ZLU

20 WLU Page 2 Commissioner seconded by Commissioner offered the foregoing resolution and moved its adoption, which was upon the roll call the vote was: Ayes: Nays: Absent and not voting:

21

22 Owner: Clifford L. Stout and Mary Ann Stout Property Address: * Avenue Noah, St. Petersbutg, Florida Parcel 1: EXHIBITA LEGAL DESCRIPTION That part of the West 1/2 of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of Section 1, Township 3 1 South, Range 15 East, described as follows: The West feet of the South feet of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of said Section I, Township 3 1 South, Range 15 East, less the South feet for street. Parcel 2: That part of the West 112 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 31 Sopth, Range 15 East, described as follows: From a Point of Beginning at the Northwest comer ok'the West 1/2 of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of the said Section 1, run South 8Y45'44" East, along the 10 acre line feet; thence South O"2027" West feet; thence South 20'42'54'' West feet; thence North 89"46'18" West feet to the West line of said West 1/2; thence North 0020'27'' East along said West line feet to the Point of Beginning. Parcel 3: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of Section I Township 3 1 South, Range 15 East, described as follows: From the Northwest comer of the West i/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 1, rn South 8T45'44" East along the 10 acre lime feet for a Point of Beginning. Continue thence South 8Y45'44" East along said 10 acre line feet to the Northeast comer of said West 1/2; thence run South 0'20'36'' West feet; thence North 89'46'18" West feet; thence South O"LO'36" West feet; thence South 89'46'19" East feet then South 0'20'36" West feet; thence North 8Y46'18" West feet; thence North O"20'36" East feet; thence North 8Y46'18" West feet; thence North 9'57'54" West feet; thence North 020'27'' East feet to the Point of Beginning. Parcel 4: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 1 Township 3 1 South, Range 15 East, described as follows: From the center of Section 1, Township 31 South, Range 15 East, run South 8Y46'18" East feet along the EastWest centerline of said Section 1, thence run North 020'27" East feet along the East line of the said West 112, thence South 89'46'18" East feet for a Point of Beginning. Continue thence South 89O46'18" East feet, thence North O"20'36" East feet; thence North 9'57'54" West feet; thence South 20O42'54" West feet, thence South 0020'27" West feet to the Point of Beginning.

23 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF PINELLAS COUNTY, FLORIDA BY CHANGING THE LAND USE DESIGNATION OF A PARCEL OF LAND CONTAINING APPROXIMATELY 3.7 ACRES LOCATED 600 FT. EAST OF PARK STREET AND LYING BETWEEN 4 6 AVENUE ~ ~ NORTH AND 48TH AVENUE NORTH, ST. PETERSBURG LOCATED IN SECTION 01, TOWNSHIP 31, RANGE 15; FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM AND A SPECIAL EXCEPTION FOR AN AFFORDABLE HOUSING BONUS WITH A DEVELOPMENT AGREEMENT FOR 55 UNIT ONE-STORY AND TWO-STORY BUILDINGS UP TO 35 FT. IN HEIGHT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the application for an amendment to the Future Land Use Map of Pinellas County, Florida, hereinafter listed, has been presented to the Board of County Commissioners of Pinellas County; and WHEREAS, notice of public hearings and advertisements have been given as required by Florida Law; and WHEREAS, the comments and recommendation of the Local Planning Agency have been received and considered; and WHEREAS, this is a small-scale development amendment, as defined by Chapter (l)(c) F.S. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida in regular meeting duly assembled this 22 d day of January 2008 that; Section 1. Section 2. Section 3. a) b) The Future Land Use Map of Pinellas County, Florida is amended by redesignating the property described as: A parcel of land containing approximately 3.7 acres located 600 ft. east of Park Street and lying between 46th Avenue North and 48th Avenue North, St. Petersburg. Referenced as Case WLU , and owned by Clifford Stout, from Residential Urban to Residential Low Medium and a special exception for an Affordable Housing Bonus with a Development Agreement for 55 unit one-story and two-story buildings up to 35 ft. in height. See attached Exhibit A. This amendment shall be transmitted to the Pinellas Planning Council for action to amend the Countywide Future Land Use Plan, from Residential Urban to Residential Low Medium and a special exception for an Affordable Housing Bonus to maintain consistency with the said Plan. This Ordinance shall take effect upon: Receipt of notice from the Secretary of State that the Ordinance has been filed is received; and Approval by the Countywide Planning Authority of the requisite amendment of the Countywide Future Land Use Plan submitted herein pursuant to Chapter , Laws of Florida, as amended.

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25 Owner: Clifford L. Stout and Mary Ann Stout Property Address: * Avenue North, St. Petersburg, Florida Parcel 1: EXHIBIT A LEGAL DESCRIPTION That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 3 1 South, Range 15 East, described as follows: The West feet of the South feet of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 1, Township 3 1 South, Range 15 East, less the South 33.OO feet for street. Parcel 2: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 3 1 South, Range 15 East, described as follows: From a Point of Beginning at the Northwest corner of the West 1/2 of the Southeast 1/4 of the Southwest 114 of the Northeast 1 /4 of the said Section 1, run South 89'45'44" East, along the 10 acre line feet; thence South 090'27" West feet; thence South 20'42'54" West feet; thence North 89'46'18" West feet to the West line of said West 1/2; thence North 0'20'27" East along said West line feet to the Point of Beginning. Parcel 3 : That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of Section 1, Township 3 1 South, Range 15 East, described as follows: From the Northwest comer of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 1, run South 89'45'44" East along the 10 acre line feet for a Point of Beginning. Continue thence South 89'45'44" East along said 10 acre line feet to the Northeast corner of said West 1/2; thence run South 090'36" West feet; thence North 89'46'18" West feet; thence South 020'36" West feet; thence South 89'46'19" East feet then South 0'20'36" West feet; thence North 89'46'18" West feet; thence North 0'20'36" East feet; thence North 89'46'18" West feet; thence North 9'57'54" West feet; thence North 090'27" East feet to the Point of Beginning. Parcel 4: That part of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of Section 1, Township 3 1 South, Range 15 East, described as follows: From the center of Section 1, Township 3 1 South, Range 15 East, run South 89'46'1 8" East feet along the East/West centerline of said Section 1, thence run North 0'20'27" East feet along the East line of the said West 1/2, thence South 89'46'1 8" East feet for a Point of Beginning. Continue thence South 89'46'1 8" East feet, thence North 090'36" East feet; thence North 9'57'54" West feet; thence South 20'42'54" West feet, thence South 0'20'27" West feet to the Point of Beginning.

26 ~ Page 1 of 1 Kinney, Susan From: Ward, Sarah E Sent: Monday, December 17,2007 9:32 AM To: Kinney, Susan Subject: FW: Case# ZILU Another one From: Pat Bolender [mailto: barbarapatbolender@yahoo.com] Sent: Friday, December 14, :27 PM To: Ward, Sarah E Subject: Case# Z/LU Sara Ward, My daughter and I are not able to attend the meeting on December 17; therefore this . We find it highly objectionable that you would allow a developer to raise the units from 27 to 55 on this proposed property. The value in our home, purchased 2 1/2 years ago, has already dropped off with the housing bubble bursting all around the nation. And this low income housing unit will only be three blocks away from our home. And from what we hear about the former apartments built by this developer is not something you would want next door to you. And neither do we. We do not need lower property values with low income housing. Then going from 27 to 55! I sincerely hope you will consider our objections on this issue. Barbara Bolender th Avenue N. St. Petersburg Looking for last minute shopping deals? Find them fast with Yahoo! Search. 12/17/2007

27 ROVE rage I or I Mandilk, Jean M From: Faucette, Marcella Sent: Friday, December 14,2007 4:40 PM To: Cueva, John F; Mandilk, Jean M; Swinton, Tamrny M Subject: MI. REGARDING CASE #Z/LU From: Freeman, Elizabeth S Sent: Friday, December 14,2007 4:30 PM To: Kinney, Susan Cc: Faucette, Marcella Subject: FW: REGARDING CASE #Z/LU For case file and for DRS so they can attach to LPA case when goes to board - in fact, all the correspondence we receive we need to make sure Tarnrny/John gets. Susan, please make sure afler the LPA Monday they get everything we have received on this case so far. Thanks From: Smith, Brian K Sent: Friday, December 14,2007 2:20 PM To: Freeman, Elizabeth S; Ekardslee, Gordon R Subject: MI: REGARDING CASE #Z/LU L From: Yvonne Emmans [mailto:yemman@tampabay.rr.com] Sent: Friday, December 14, :29 AM To: Smith, Brian K Subject: REGARDING CASE #Z/LUd-ll-07 WA&&&E OF BUILDING 55 APARTMENTS AT 46TH AVE. N. BETWEEN PARK STREET AND JAMES AND JUNE FAUDREE ST AVENUE N /2007

28 -I -~ ~I ~--~II Page 1 of 1 Kinney, Susan From: Freeman, Elizabeth S Sent: Tuesday, December 18,2007 9:20 AM To : Kinney, Susan; Faucette, Marcella Subject: FW: Case # 2 / LU File and drs From: Smith, Brian K Sent: Tuesday, December 18,2007 7:55 AM To: Beardslee, Gordon R; Freeman, Elizabeth S Subject: W: Case # 2 / LU From: Matthew Filion [mailto:matthew.filion@thomassign.com] Sent: Monday, December 17,2007 4:Ol PM To: Smith, Brian K; Ward, Sarah E; Walker, David L Subject: Case # Z / LU Good afternoon, My name is Matthew Filion and I am the owner of the property located at th Avenue North, St. Petersburg, FL (Parcel # 01/31/15/24066/000/0110 ). I am sending this since I will not be able to attend the 4pm Local Planning Agency hearing for the case noted above. My wife Jamie Filion and myself are against the proposed rezoning (going from 27 units to 55 units and the change in class to low income housing) of the property being addressed in the case noted above. The construction of 55 single low income family houses will negatively effect the property value of the neighborhood and specifically my residence that sits directly across from one of the proposed access drives for the development. I have also visited other multi-family residence owned by the same property owner that are similarly zoned and they are not properly maintained thus creating an eyesore in the community and additional crime that was not present prior to their construction. Please advise if providing any additional information will help myself and others fight this case. Thank you, Matthew L Jamie Filion 12/18/2007

29 Page 1 of2 Kinney, Susan ~- - - ~ - - ~ From: Sent: To: Freeman, Elizabeth S Wednesday, January 02,2008 3:23 PM Kinney, Susan; Swinton, Tammy M Subject: FW: Z/LU /22/08 BCC meeting For file and correspondence for LPA members From: Smith, Brian K Sent: Wednesday, December 19, :39 AM To: Beardslee, Gordon R; Freeman, Elizabeth S Subject: FW: Z/LU /22/08 BCC meeting From: Kimsey, Wanda L Sent: Tuesday, December 18, :23 PM To: Cassel, Paul T; Reed, Linda R; Klug, Della; Smith, Brian K; Cueva, John F; Banks, Barbara E; Brooks- Barker, Melissa; Herring, Darlina; Meinck, Cynthia M; Randolph, Linnie A; Tracy, Colleen; Williams, Kimberly E Subject: Z/LU /22/08 BCC meeting Mr. Bob Fisher th Avenue North St. Petersburg, FL Mr. Fisher called and wanted the Commissioners to know he is opposed to Z/LU He feels the area is already overbuilt. Wanda Kimsey, Executive Assistant to Vice Chairman Robert B. Stewart 1 /2/2008