stpetersborg

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1 - 6 stpetersborg Staff Report to e St. Prepared by e Planning & Economic Development Department, Urban Planning and Historic Preservation Division Petersburg Planning & Visioning Commission For Public Hearing and Executive Action on February 9, 2010 at 3:00 p.m., in Conference Room 100, City Hall, 175 Fif Street Nor, St. Petersburg, Florida. Agenda Item #3 According to Development Services Department records, no Commission members reside or have a place business located wiin 2,000 feet e subject property. All oer possible conflicts should be declared upon announcement e item. Atlas Sheet: P-8 West Sector APPLICANT! PROPERTY OWNER: AUTHORIZED AGENT: NOTIFICATION REPRESENTATIVE: OWNER S REPRESENTATIVE: The Diocese Avenue - Nor St. Petersburg, FL St. Petersburg William H. Howell Clear Ocean Investment II Corporation 4701 Central Avenue St. Petersburg, FL George L. Hayes, III, Esq Central Avenue St. Petersburg, FL Joseph A. DiVito, Esq. DiVito & Higham 4514 Central Avenue St. Petersburg, FL Page 1

2 SUBJECT PROPERTY: The subject property, estimated to be acres in size, is generally located on e noreast corner Street Nor. The property is a portion a 64.5 acre (mol) parcel land owned by e Diocese 9 Avenue Nor and St. Petersburg. PIN/LEGAL: REQUEST: 17/31/16/00000/310/0000 (A legal description is attached.) As depicted on e attached map series, e applicant s request for e subject property is as follows: To amend e Future Land Use Plan designation from Institutional to Residential/Office General on 5.96 acres along Street (Area A ), and to amend e Official Zoning Map designation for e eastern 1.46 acres (Area B ) from NS-2 (Neighborhood Suburban) to CRS-i (Corridor Residential Suburban), or oer less intensive use. The dep ese proposed designations is estimated to be 265 feet. (Transitioning to e east) to amend e Future Land Use Plan designation from Institutional to Residential Medium on acres (Area C ) and to amend e Official Zoning Map designation for is area from NS-2 to NSM-l (Neighborhood Suburban Multifamily), or oer less intensive use. To approve a Development Agreement. (The Development Agreement is analyzed in greater detail below.) PURPOSE: EXISTING USES: SURROUNDING EXISTING USES: The purpose e request is to allow for e redevelopment e subject property as a Senior Housing Campus, fering a continuum care for e aging population. In accordance wi e proposed development agreement, e campus will include an 83 unit/age restricted apartment complex, a 150 bed senior assisted living facility, a 100 bed skilled nursing facility, medical fices, a children s day care facility, and a branch bank fice. The vacant subject property had been developed wi a convent and a utility building, used by e Caolic Diocese as part Notre Dame High School, which has been demolished. The surrounding uses are as follows: Nor: U.S. Post Office, single family homes (Garden Manor neighborhood) Sou: Single family homes, medical fice (Eagle Crest neighborhood) East: Diocese Chancery and St. Petersburg Caolic High School Page 2

3 West: Medical fices, multifamily residences, pressional fices, nursing and rehabilitation center, restaurant (Crossroads neighborhood) ZONING HISTORY: The estimated 18 acre property at is addressed in City File FLUM-7 has been e subject several applications to amend land use and zoning over e past few years. The following is a summary e rezoning activity associated wi e subject property since On February 21, 2006 e City s Planning Commission conducted a public hearing for e subject property (City File PC-690). The applicant s request was to amend e land use from Institutional to Residential Medium and zoning from RS-100 to RM-12/15 for 4.74 acres along Avenue Nor for town home development, and to amend land use from Institutional to Commercial General and zoning from RS-100 to CG for acres along Street Nor for commercial development, including a Publix grocery store. A development agreement was also fered. City staff recommended at e applicant s request be denied, and ere was significant neighborhood opposition as well. The Planning Commission concluded e public input portion e hearing at approximately 10:00 p.m., and en voted to continue e balance e hearing to March 7, On March 7, 2006 e applicant s representative asked e Planning Commission for a deferral e public hearing for at least 30 days, in order to consider alternatives to eir proposed plans for e subject property and to discuss options wi City staff concerning a less intensive use e land. The Commission voted 5 to 2 in favor deferring e matter to May 2, 2006 wi e direction at new public notice be provided. After March 7, 2006 e applicant revised e plans for e subject property, which resulted in less commercial land and more multifamily residential land. City staff concluded at e applicant s modified land use amendment, rezoning request and development agreement were substantially different from e request described in City File PC-690, us, City staff asked e applicant to submit a new application to e Development Services Department. A new application was submitted on March 29, 2006, wi e appropriate fee, and it was assigned City File PC-700. On May 2, 2006 e City s Planning Commission held a public hearing to consider e revised request, now referred to as City File PC-700. In summary, e revised request included a change land use and zoning was as follows: For e land generally located on e nor side Avenue Nor, beginning 275 feet east Street and estimated to be 11.8 acres in size, e request was to amend e Future Land Use Map designation from Institutional to Residential Medium and Official Zoning Map designation from RS-100 (Residential Single Family) to RM-12/15 (Residential Multifamily) for townhome development; and for e land generally located on e east side Street Nor to a dep 275 feet and Page 3 9

4 estimated to be 6.19 acres in size, e request was to amend e Future Land Use Map designation from Institutional to Residential Office Retail and Official Zoning Map designation from RS- 100 (Residential Single Family) to ROR-1 (Residential Office Retail) for retail and fice development. The Development Agreement was also amended to reflect e revised request. City staff recommended at e applicant s request be approved. At e conclusion e public hearing e Planning Commission recommended approval e applicant s revised application, including e proposed Development Agreement, by a vote 6 to 2, on e basis at e request was, on balance, consistent wi e goals, objectives and policies e City s Comprehensive Plan. On July 18, 2006 e City Council conducted e first reading e proposed ordinances and first public hearing for City File PC-700. At e conclusion e public hearing e City Council approved two resolutions transmitting e proposed Future Land Use Map amendments for state, regional and county review. The Pinellas Planning Council s (PPC s) public hearing for City File PC-700 had originally been scheduled for September 20, The PPC staff was recommending at e proposed amendment be denied, but fered as an alternative ResidentiallOffice General along Street Nor and Residential Urban on e balance e property. On September 20, e City requested, and received, a 30-day continuance to allow more time for e applicant and its representatives to study e PPC staff report and alternative recommendation, and to work wi e surrounding neighborhood associations. On October 18, 2006 e City presented a revised request to e PPC, related to City File PC-700. The modifications, summarized below, were largely e result meetings, negotiations and compromises made by, and between, e applicant and several e neighborhood associations. While e original City File PC-700 request was to amend e Future Land Use Map designation from Institutional to Residential Office Retail (on 6.19 acres along Street Nor) and Residential Medium (on 11.8 acres - e balance e property), e modified request was to amend from Institutional to Residential Office Retail (on 2.98 acres along Street, immediately sou e Crossroads Post Office) and Residential/Office General (on e remaining 2.98 acres at block face, down to 9 Avenue), transitioning to e east to Residential Medium (on 8.6 acres), and finally transitioning to Residential Low (on 3.42 acres). The Development Agreement was also amended to reflect ese changes. The PPC staff recommended at e portion e amendment to Residential Office Retail and Residential/Office General be approved, but at e Residential Medium and Residential Low be denied, and fered Residential Urban as an alternative to e requested Residential Medium and Residential Low. At e conclusion e public Page 4

5 hearing, e PPC voted unanimously to deny, wiout prejudice, e City s request to amend e Future Land Use Map from Institutional to Residential Office Retail, Residential/Office General, Residential Medium and Residential Low. On November 7, 2006 e Countywide Planning Auority (CPA) held its public hearing related to City File PC-700 and upheld e PPC s recommendation. The CPA voted unanimously to deny, wiout prejudice, e City s request. (As a point information, a PPC or CPA vote to deny wiout prefudice allows a local government to submit a modified amendment for reconsideration wiout having to wait six mons.) In November 2006, based on e PPC staff recommendation and e recommendations made by e PPC members during eir public hearing conducted on October e applicant modified e amendment request. The applicant s request was revised to be consistent wi e PPC staff recommendation, i.e., amending e Future Land Use Map from Institutional to Residential Office Retail (to a dep 265-feet on 2.98 acres along Street, immediately sou e Crossroads Post Office) and Residential/Office General (to a dep 265-feet on e remaining 2.98 acres at block face, down to 9 Avenue), and transitioning to e east to Residential Urban (on acres). The Development Agreement was also amended to reflect ese changes. On December 14, 2006 e City Council conducted e first reading and public hearing for City File PC-700 (Modified Amendment) and approved e transmittal e proposed ordinances to e PPC and Pinellas County Board County Commissioners (acting in eir capacity as e CPA). In January and early February 2007, e PPC and e CPA approved e land use plan changes, except for e amendment for e norern 2.98 acres along Street to Planned Redevelopment - Mixed Use (PR-MU). (See discussion below.) On February 15, 2007 e City Council approved City File PC-700 (Modified) for e 18 acre subject property. Specifically, City Council approved an amendment to e Future Land Use Plan designation for two 2.98 acre parcels along e east side Street Nor, to a dep 265-feet (encompassing approximately six acres) from Institutional to Residential Office Retail (transitioning to Planned Redevelopment Mixed Use) and Residential/Office General, respectively, and amending e balance e property to e east (encompassing approximately 12 acres) from Institutional to Residential Urban (Ordinance 679-L). City Council also approved an amendment to e Official Zoning Map designation for e two 2.98 acre parcels along e east side Street Nor from RS-100 (Residential Single Family) to ROR-1 (Residential Office Retail, transitioning to Corridor Commercial Suburban or CCS-1) and RO-1 (Residential Office, transitioning to Corridor Residential Suburban or CRS-i), respectively, and amending e zoning on e balance e property to e east from RS-100 to RPD-7 (Residential Planned Development, transitioning to Neighborhood Planned Unit Development or NPUD-1) (Ordinance 702-Z). The reason for e transitioning language wiin bo ordinances was e fact at while City File PC 700 (Modified) was being processed, e City s Vision 2020 Plan implementation, Page 5

6 including e creation e new Planned Redevelopment - Mixed Use category and update e land development regulations (LDRs) was underway, but not yet completed. City File PC-700 (Modified) also involved a Development Agreement, which was approved by e City Council on February 15, 2007 (Ordinance 801-G). The agreement restricted commercial development along Street to 26,000 sq. ft. fice or retail space and prohibited certain uses, and limited residential development to 120 dwelling units on e eastern portion e subject area. As described above, in January and early February 2007, e PPC and e CPA approved e land use plan changes, except for e amendment for e norern 2.98 acres along Street from Residential Office Retail to Planned Redevelopment - Mixed Use (PR-MU). The change (or transition) to PR-MU for is land was considered an amendment to e Special Area Plan, us, separate action was needed. In December 2007, e PPC approved e PR-MU designation for e norern 2.98 acres along Street. The final public hearing, to be conducted by e CPA, required at e Development Agreement be signed. The agreement was never signed, us e final CPA public hearing was not conducted. Consequently, Ordinances 679-L, 702-Z and 801-G, adopted by e City Council on February 15, 2007 never became effective. Due to e fact at Ordinances 679-L and 702-Z never became effective, e land use designation for e entire Diocese property remains Institutional, while e zoning designation is CRS-1 (Corridor Residential Suburban) along Street Nor, to a dep 200-feet (approximately 4.5 acres), and NS-2 (Neighborhood Suburban) on e balance e property. These zoning designations were adopted for e Diocese property in October 2006, related to e City s implementation e Vision 2020 Plan, City-wide rezoning and LDR update. Any confusion regarding e present zoning designations for e Diocese property stems from e fact at e original private application to amend e land use and zoning for e subject 18 acre site (City File PC- 690) was filed in February 2006, during e City-wide rezoning and LDR update process. SPECIAL INFORMATION: The subject property is not located wiin e boundaries a formal neighborhood association, however, e Garden Manor Neighborhood Association is located immediately nor (on e nor side 13 Avenue), e Eagle Crest Neighborhood Association is located to e sou (on e sou side 9 Avenue), and e Crossroads Area Homeowners Association to e west (on e west side Street). DEVELOPMENT POTENTIAL: As depicted on e aftached map series, Area B is estimated to be 1.46 acres in size (or 63,600 sq. ft.), and Area C acres (or 523,590 sq. ft.), for a total acres (or 587,190 sq. ft.). The following is a summary e development potential under e present NS-2 zoning for Page 6

7 Areas B and C, e requested CRS-l zoning proposed for Area B, and e requested NSM 1 zoning proposed for Area C. NS-2: (Areas B and C ) 67 dwelling units calculated at 5.0 upa, e.g., single family homes, townhomes; or 176,160 sq. ft. institutional space, calculated at an f.a.r. 0.30; or a combination e two. CRS-1: (Area B ) 22 multifamily units calculated at 15 upa; 31,800 sq. ft. fice space, calculated at an f.a.r. 0.50; or a combination e two. (A workforce housing density bonus six units per acre is permitted, but not by right. This could result in an additional nine (9) dwelling units, for a total 31 units.) NSM-1 (Area C ) 180 multifamily units calculated at 15 upa. (A workforce housing density bonus six units per acre is permitted, but not by right. This could result in an additional 72 dwelling units, for a total 252 units.) Table 1 summarizes e development potential under e present NS-2 zoning and requested CRS-1 and NSM-1 zoning, and highlights e uses proposed in e Development Agreement. Table 1: Developnicnt Potential ses Residential Existing NS-2 Area B Area C Proposed CRS-1 Proposed NSM-1 Development Zoning Zoning (1.46 Zoning (12.02 Agreement acres) acres) 67 SFR units 22 units 180 units 83 units permitted penrntted permitted proposed Office - 31,800 sq. ft permitted - proposed 55,000 sq. ft. wiin Area A (5.96 acres) Institutional 176,160 sq. ft. 250 beds permitted - - proposed Proposed Development Agreement The Development Agreement has been fered by e applicant, describing e intention to redevelop e property as a Senior Housing Campus, fering a continuum care for e aging population. The Development Agreement refers to e Commercial Property (5.96 acres located along Street, shown as Area A on e attached map series) and e Residential Property Page 7

8 (12.02 acres located to e east e Commercial Property, between 9 Avenue and 13 Avenue, shown as Area C on e attached map series). A conceptual site plan illustrates e following intended uses: Commercial Property: 4,000 sq. ft. bank branch 15,000 sq. ft. medical fice building 6,000 sq. ft. day care facility 30,000 sq. ft. medical fice building 55,000 sq. ft. nonresidential space Residential Property: 83 apartment units for e elderly 100 bed skilled nursing facility 150 bed ALF/ILF The Development Agreement states at e following uses shall be prohibited on any part e Property: a. Restaurants (where e predominant business is e sale alcoholic beverages) and liquor stores. b. Outdoor sound system, loud speakers or live outdoor music. c. Service truck deliveries between 10:00 pm and 6:00 am. d. Pawn shops. Additional details pertaining to e proposed redevelopment e subject property are provided in e following section e staff report. STAFF ANALYSIS: The 18 acre subject property is a portion a 64.5 acre (mol) parcel land owned by e Diocese St. Petersburg. Since 1977, all e Diocese property has had a Future Land Use Map designation Institutional. In October 2006, e Diocese property was rezoned from RS-l00 to NS-2, except for e area adjacent to Street Nor, which was rezoned to CRS-i. The dep is CRS-1 zoned area, which encompasses 4.5 acres, is approximately 200-feet. The area was designated wi CRS-l zoning subsequent to e City wide rezoning and LDR update related to e implementation e Vision 2020 Plan, adopted in October As described in e zoning history section is staff report, an application to amend e land use and zoning designations for e subject property (City File PC-690) was filed at e same time e entire City was being rezoned and e land development regulations were being updated. The present Institutional, CRS-l and NS-2 designations would allow for e subject 18 acre property to be redeveloped wi an institutional-type use, e.g., church, school, or single family residences, townhomes or community residential homes affiliated/associated wi e Diocese. However, given e geographic proximity e subject property to two major roads, e.g., Street Nor and 9 Avenue Nor, it is reasonable to assume at e subject property would be appropriate for higher density and/or intensity. The requested future land use designation R/OG for e proposed 5.96 acre commercial property (Area A ), and zoning designation CRS- 1 (for Area B ) are generally consistent Page 8

9 wi e designations on e west side Street, i.e., e shape and dep e request mimics e pattern on e west side Street. Moreover, pursuant to e proposed Development Agreement, e applicant agrees at is 5.96 acre area will only be redeveloped wi 55,000 sq. ft. fice-type uses, as compared to e estimated 130,000 sq. ft. fice space at would be permitted under CRS-1 zoning. While e requested RM future land use designation and NSM-l zoning designation for e proposed acre residential property (Area C ) is not consistent wi e established Residential Urban land use and NS-1 zoning pattern found immediately nor in e Garden Manor neighborhood, and e Residential Low and NS-2 zoning pattern found immediately sou in e Eagle Crest neighborhood, it does not represent an inappropriate or illogical land use and zoning transition given e separation e two neighborhoods by 9 and 13 avenues, and e fact at e balance e Diocese-owned property located to e east will remain designated Institutional, which allows for more intensive uses, including residential development at a density 12.5 units per acre. Proposed 5.96 Acre Commercial Property The applicant s request is to designate e 5.96 acres land along e east side Street, to a dep 265-feet, wi RJOG land use (Area A ) and to rezone e eastern 65-feet is area wi CRS-i zoning (Area B ). The requested RIOG land use and CRS-1 zoning are consistent wi several Comprehensive Plan objectives and policies: The proposed 5.96 acre commercial area will have direct access to Street Nor and 9 Avenue Nor. Bo Street (arterial roadway) and 9 Avenue (collector roadway) are major streets. The requested commercial land use and zoning are us consistent wi Comprehensive Plan Policy LU3.18, which states at all retail and fice activities shall be located, designed and regulated so as to benefit from e access afforded by major streets wiout impairing e efficiency operation ese streets or lowering e LOS below adopted standards, and wi proper facilities for pedestrian convenience and safety. The proposed land use change to R/OG is consistent wi Policy LU3.6 e Comprehensive Plan, which states at land planning should weigh heavily e established character predominantly developed areas where changes use or intensity development are contemplated. Pressional fice development is not inappropriate, given e established character e surrounding area, which is a mix multifamily and commercial uses on e west side Street, and institutional, fice and single family uses on e east side Street. The adjacent Crossroads Post Office is virtually a 24/7 operation, and reported to be e second busiest post fice in e City. The proposed land use change to R/OG is consistent wi Policy LU3.8. e Comprehensive Plan, which seeks to protect existing residential uses from incompatible uses and oer intrusions at may detract from an area long-term desirability. City staff believes at e proposed medical fice, daycare and branch bank development Page 9

10 will not significantly impact e nearby single family neighborhoods or detract from e area s long-term desirability. Commercial development along e east side Street will create new job opportunities and improve e City s tax base, consistent wi e Comprehensive Plan s Land Use goal and Policy LU3.5, which address e economic well-being e City and its citizens. Proposed Acre Residential Property The applicant s request is to designate e acres land immediately east e commercial property wi RM land use and NSM- 1 zoning. The requested RM land use and NSM-1 zoning are consistent wi several Comprehensive Plan objectives and policies: The proposed residential property is bounded by an established residential neighborhood to e nor (Garden Manor) and to e sou (Eagle Crest), and e balance e estimated 65-acre Caolic Diocese property to e east. The Crossroads Branch e U.S. Post Office also abuts e area to e norwest. Thirteen Avenue physically separates e proposed residential property from e Garden Manor neighborhood, while 9 Avenue acts as a physical separator wi e Eagle Crest neighborhood. While e requested RM land use designation allows a slightly greater density an e existing Institutional designation (15 units per acre vs upa), e proposed Development Agreement restricts e use e acres land to an 83-unit apartment complex for e elderly, a 100 bed skilled nursing facility, and a 150-unit ALF/ILF. Given e proposed Development Agreement, City staff believes at e requested RM land use and NSM-l zoning will not have a detrimental effect on e character e nearby residential neighborhoods, moreover, e designations can be supported given e physical separation provided by bo 9 and 13 Avenues. The requested RM land use and NSM-1 zoning are consistent wi several Comprehensive Plan objectives and policies: The proposed land use change to Rivi is consistent wi Policy LU3.4 e Comprehensive Plan, which states at e Land Use Plan shall provide for compatible land use transition rough an orderly land use arrangement proper buffering, and e use physical and natural separators. The requested RM land use will result in a compatible land use transition wi e established Residential Urban land use pattern nor 13 Avenue and Residential Low land use pattern sou 9 Avenue. The proposed land use change to RM is consistent wi Policy LU3.6 e Comprehensive Plan, which states at land planning should weigh heavily e established character predominantly developed areas where changes use or intensity development are contemplated. The proposed RM land use is appropriate given e established character e surrounding area, which is a mix single family residential and institutional uses. Page 10

11 The City s Comprehensive Plan also seeks to protect existing residential uses from incompatible uses and oer intrusions at may detract from an area s long-term desirability (Policy LU3.8). If approved, e RM land use and NSM-1 zoning, wi e associated Development Agreement, will not result in incompatible uses which will intrude into e established residential areas to e nor or sou, moreover, City staff believes at e requested zoning, and subsequent redevelopment wi a Senior Housing Campus, will not detract from e long-term desirability e surrounding residential areas. Traffic The public facility impact section is report provides a detailed level service analysis. The following is a summary: It is estimated at redevelopment e subject property under e present Institutional designation could generate 328 new p.m. peak hour trips. It is estimated at e applicant s request for Residential/Office General and Residential Medium land uses would generate 217 new p.m. peak hour trips or 111 fewer trips en under e existing Institutional land use. It is estimated at e proposed uses, as set for in e Development Agreement, could generate 345 new p.m. peak hour trips, which is only 17 more trips an e potential p.m. peak hour trip generation under e existing Institutional land use. Level Service Analysis Based on e existing traffic count, e level service for 9 Avenue Nor, which is classified as a collector road, is B, between Street Nor and Street Nor and D, between Street Nor and Park Street. Based on e existing traffic count, e level service for Street Nor, which is classified as a principal arterial, is D, between Pasadena Avenue and Tyrone Boulevard. The City s LOS standard is D. 49 Consistent wi Comprehensive Plan Policy LU3.1 8 and Policy T3.1, if e requested land use amendment to RJOG and RM is approved, moreover, if e subject property is developed as provided for in e Development Agreement, staff has detennined at Street and 9 Avenue Nor will continue to meet LOS standards. Policy LU3.18 states at all retail and fice activities shall be located, designed and regulated so as to benefit from e access afforded by major streets wiout impairing e efficiency operation ese streets or lowering e LOS below adopted standards, and wi proper facilities for pedestrian convenience and safety. Policy T3.1 states at all major city, county and state streets, not including ose identfied as constrained in e City.s most current concurrency annual monitoring report shall operate at LOSD or better in e peak hour vehicular traffic. Page 11

12 Development Agreement A Development Agreement has been fered by e applicant (attached at e end is report). According to e developer, it is his desire to create a Senior Housing Campus fering a continuum care for e aging population. The cornerstone e project is a 100 bed Skilled Nursing Facility and Rehabilitation Center. A 150 bed Assisted Living Facility wi a Memory Care component is also planned. It is anticipated at Senior Care Group, Inc. will operate ese two facilities. An 83 unit Independent Living/Age Restricted Apartment complex completes e housing component e development. The services sector e development is anchored by a 30,000 square feet Medical Office building. This building will provide a complete Imaging Center, a Laboratory, a Walk-Tn Clinic and fice space for in-network doctors for Bay Care Heal System. A proposed Child Day Care facility will provide a service to e employees e campus. In addition, e inter-generational interaction wi e seniors has been proven to be beneficial to bo age groups. A 15,000 square feet Pressional/Medical Office Building is going to provide a Senior Workout facility named The Feel Good Factory. The gym is equipped wi power-assisted equipment at is designed specifically for seniors. A branch fice U.S. Preventive Medicine will also occupy space in e building. They provide a Preventive Plan for seniors to improve eir heal, longevity and quality life. The final building is a branch bank on e hard corner at will service e employees e facilities on-site as well as e neighborhoods surrounding e project area. It is estimated at is Senior Housing Campus project will create between 275 and 350 (j:ermanent) jobs. Development Agreements are auorized by Florida Statutes (Section ) and e City Code (Section 16.05). Development Agreements can be used when one e following exist: (1) Where e development is proposed to be constructed in phases wi commitments to substantial public improvements being required in early phases. The Development Agreement refers to e Residential Property and e Commercial Property. It is not known at is point ere will be a single phase development, or multzle phases. The agreement states at on-site utility improvements necessary to provide service to e subject property shall be required to be constructed at developer cost prior to issuance cert(ficates occupancy. Also, e determination adequacy public facilities, including transportation facilities, to serve e proposed development shall be made in accordance wi e City.s concurrency requirements in existence as e date e agreement. f (2) Where commitments to public improvements beyond ose ordinarily required similar development are desirable by reason location, topography, or oer characteristics e property. There are numerous commitments to public improvements beyond e ordinary, including: Page 12

13 a. Close e existing norern median opening on Street between 9 Avenue Nor and 13 Avenue Nor. b. Extend e soubound left turn lane on Street at 9 Avenue Nor. c. Extend e norbound left turn lane on Street at 13 Avenue Nor. d. Provide directional median opening and soubound left turn lane on Street at e main Project driveway located between e norern and souern driveways. e. Provide a norbound right turn lane on Street at e main Project driveway located between e norern and souern driveways. f. Provide a norbound right turn lane on Street at e norern Project driveway. g. Provide an eastbound left turn lane on 9 Avenue Nor at e eastern Project driveway. h. Provide a westbound right turn lane on 9 Avenue Nor at e eastern Project driveway. i. Extend e westbound right turn lane and westbound left turn lane on 9 Avenue Nor at Street. (3) Where it is desirable to provide incentives to coordinate developments wi a specific plan. The Conceptual Site Plan attached to e Development Agreement serves as e plan for e proposedproject. The Development Agreement specfles e following: a. Any buildings shall be prohibited wiin e norern one hundred forty (140) feet e Property. b. Residential buildings located on e 9 Avenue Nor perimeter e Residential Property facing e abutting single family neighborhoods shall be designed in accordance wi e Redevelopment Plan criteria set for in e City LDRs. c. No motor vehicular access to or from e Property shall be allowed to or from 13 Avenue Nor. d. Developer shall incorporate e most current technology and applications to address site lighting spillage, including, but not limited to, flat lens, shields, low prile baffled lighting, and low prile poles. A photometric plan shall be Page 13

14 developed to ensure at no source illumination shall be directly visible from any window in any residence abutting e Property. e. Any solid wall installed along 9 Avenue Nor shall be no higher an ree (3) feet unless required to be higher by City Code. f. Developer shall provide a bus pull-f area on Street between 9 Avenue Nor and 13 Avenue Nor, agreed to by e City, e Florida Department Transportation, and Pinellas Suncoast Transit Auority (PSTA). if g. Developer shall provide enhanced bus shelters on Street between 9 Avenue Nor and 13 Avenue Nor, Transportation, and PSTA. if agreed to by e City, e Florida Department h. Developer shall provide a pedestrian connection from e bus stops on Street to e site, PSTA. if agreed to by e City, e Florida Department Transportation, and i. Developer shall provide pedestrian connections between e buildings wiin e site and 13 Avenue Nor, 9 Avenue Nor, and Street, agreed to by e City. j. Developer shall provide bicycle racks wiin e site as required by City Code. k. To design and construct any access to or egress from e Property onto 9 Avenue Nor so as to eliminate or deter vehicular traffic from and rough to 65 Street Nor into e Eagle Crest Neighborhood. Developer will assist, support and cooperate wi e Eagle Crest Neighborhood Association to obtain modifications at e souernmost intersection 9 Avenue Nor and 65 Street Nor to eliminate or deter rough traffic access onto e Property from 65 Street Nor. 1. To assist, support and cooperate wi e appropriate neighborhood associations to obtain No U-Turn approval and signage at e intersection Street and 13 Avenue Nor from e Florida Department governmental auority/jurisdiction from which approval such signage must be obtained. if Transportation and any oer m. To limit, as reasonably practicable, vehicular traffic related to construction activities at e Project Site from using e streets in e residential neighborhoods surrounding e Project Site. n. To limit e days and hours construction activities as required by e City St. Petersburg City Code. Page 14

15 In accordance wi Section , F.S., e duration a Development Agreement shall not exceed 20 years, alough it may be extended by mutual consent e developer and e City, subject to a public hearing (Section , F.S.). Upon expiration a Development Agreement, e subject property may be developed or redeveloped in accordance wi e Future Land Use Map and Official Zoning Map designations in place at at time. Summary: Level Service (LOS) Impact The Level Service (LOS) impact section is report concludes at e requested Plan changes and rezonings will not have a significant impact upon e City s adopted LOS standards for public services and facilities including potable water, sanitary sewer, solid waste, transportation, mass transit, recreation, and stormwater management. (Traffic impacts are addressed below.) A summary e potential impact on e City s public facilities is provided in e following table: Public Facilities Existing NS-2 Existing NS-2 Proposed CRS-1 Proposed Impact Summary Zoning Zoning (single and NSM-1 Development (institutional use) family residential Zoning Agreement use) Population n/a School Age Population n/a n/a Potable Water 17,616 gpd 21,000 gpd 37,805 gpd 46,500 gpd Sanitary Sewer 17,616 gpd 28,560 gpd 50,270 gpd 52,260 gpd Solid Waste n/a 218 tpy 360 tpy 1 tpy SPECIAL NOTE ON CONCURRENCY: Approval e requested land use change and rezoning does not guarantee at e subject property will meet e requirements concurrency at e time development permits are requested. Completion is land use plan change and rezoning does not e to develop on e subject property. Upon application for site plan review, or development permits, a full concurrency review will be completed to determine wheer or not e proposed development may proceed. The property owner will have to comply wi all laws and ordinances in effect at e time development permits are requested. guarantee right RECOMMENDATION: As depicted on e attached map series, and based on consistency wi e goals, objectives and policies e Comprehensive Plan, City staff recommends APPROVAL e applicant s request for e subject property as follows: To amend e Future Land Use Plan designation from Institutional to Residential/Office General on 5.96 acres along Street (Area A ), and to amend e Official Zoning Map designation for e eastern 1.46 acres (Area B ) from NS-2 (Neighborhood Suburban) to CRS-l (Corridor Residential Suburban), or oer less intensive use. (Transitioning to e east) to amend e Future Land Use Plan designation from Institutional to Residential Medium on acres (Area C ) and to amend e Official Page 15

16 Zoning Map designation for is area from NS-2 to NSM-l (Neighborhood Suburban Multifamily), or oer less intensive use. To approve e Development Agreement, attached to is report. If e Future Land Use Map and Official Zoning Map amendments described here are recommended for approval, City Administration reserves e right to suggest modifications to e proposed Development Agreement, prior to its adoption by e City Council, anticipated on May 20, Page 16

17 RESPONSES TO RELEVANT CONSIDERATIONS ON AMENDMENTS TO THE LAND USE PLAN: Compliance use wi goals, objectives, policies and guidelines e Cityts Comprehensive Plan. probable The following objectives and policies from e Comprehensive Plan are applicable: LU2.4 LU3.1 (A.4.) LU3.1(B.1.) LU3. 1 (D.2.) LU3.4 LU3.5 The City may permit higher intensity uses outside activity centers only where available infrastructure exists and surrounding uses are compatible. Residential Medium - allowing medium density residential uses not to exceed 15 dwelling units per acre; residential equivalent uses not to exceed 3 beds per dwelling unit; non-residential uses allowed by e land development regulations up to a floor area ratio 0.5. ResidentiallOfflce General (RJOG) - allowing mixed use fice, fice park and medium density residential up to a floor area ratio 0.5 and a net residential density 15 dwelling units per acre. Institutional (I) - Limited to designation federal, state and local public buildings and grounds, cemeteries, hospitals, churches and religious institutions and educational uses. Residential uses having a density not to exceed 12.5 dwelling units per acre, are also allowed. The Land Use Plan shall provide for compatible land use transition rough an orderly land use arrangement, proper buffering, and e use physical and natural separators. The tax base will be maintained and improved by encouraging e appropriate use properties based on eir locational characteristics and e goals, objectives and policies wiin is Comprehensive Plan. LU3.6 Land planning should weigh heavily e established character predominantly developed areas where changes use or intensity development are contemplated. LU3.7 Land use planning decisions shall include a review to determine wheer existing Land Use Plan boundaries are logically drawn in relation to existing conditions and expected future conditions. LU3.8 The City shall protect existing and future residential uses from incompatible uses, noise, traffic and oer intrusions at detract from e long term desirability an area rough appropriate land development regulations. Page 17

18 LU3.18 All retail and fice activities shall be located, designed and regulated so as to benefit from e access afforded by major streets wiout impairing e efficiency operation ese streets or lowering e LOS below adopted standards, and wi proper facilities for pedestrian convenience and safety. T3.1 All major city, county and state streets, not including ose identified as constrained in e City s most current concurrency annual monitoring report shall operate at LOS D or better in e peak hour vehicular traffic. Florida Intrastate Highway System facilities shall operate at a LOS at is consistent wi Rule 14-94, FAC. b. Wheer e proposed amendment would impact environmentally sensitive lands or areas which are documented habitat for listed species as defined by e Conservation Element e Comprehensive Plan. The proposed amendment will not impact environmentally sensitive lands or areas which are documented habitat for listed species as defined by e Conservation Element e Comprehensive Plan. Wheer e proposed change would alter population or e population density pattern and ereby impact residential dwelling units and/or public schools. The proposed changes will not significantly alter e City s population or e population density pattern and ereby impact residential dwelling units and/or public schools. Under e existing NS-2 zoning, e residential development potential is estimated to be 67 single family homes, based on a density 5.0 upa. Such development could result in a population 168 persons, calculated at 2.51 persons per dwelling unit. Under e requested CRS- 1 zoning for Area B, e residential development potential is estimated to be 22 multifamily units, based on a density 15 upa. Such development could result in a population 34 persons, calculated at 1.54 persons per dwelling unit. Under e requested NSM- 1 zoning for Area C, e residential development potential is estimated to be 180 multifamily units, based on a density 15 upa. Such development could result in a population 277 persons, calculated at 1.54 persons per dwelling unit. In summary, e existing NS-2 zoning could result in a population 168 persons, while e proposed CRS-1 and NSM-1 zoning could result in a population 311 persons, which is an increase 143 persons. The Pinellas County School District estimates at ere are 0.32 school age persons per household. If e subject property was redeveloped under e existing NS-2 zoning wi 67 single family homes, it is estimated at e resident population will include 21 persons school age. If e subject property was redeveloped under e requested NSM-1 zoning wi 202 multifamily residential units, it is estimated at e resident population will include 65 persons school age. These numbers school age persons will not significantly affect e County s public school system. Page 18

19 The school impact assessment is as follows: Elementary School Students: 0.15 students per unit x 202 units 31 elementary students Middle School Students: 0.07 students per unit x 202 units = 14 middle school students High School Students: 0.1 students per unit x 202 units =20 high school students Concurrency Service Area (CSA) Capacity: 1. Elementary CSA A available number student stations = 3,893 (80.3% utilization) 2. Middle School CSA A available number utilization) student stations = 2,080 (75.8% 3. High School CSA available number student stations = 3,682 (89.9% utilization) (Figures based on e Pinellas County Schools 2009Annual Level Service Report) The proposed amendment has e potential to generate approximately 65 additional students (31 elementary, 14 middle school and 20 high school). The site is located wiin Concurrency Service Area A for elementary and middle schools. According to enrollment and capacity data from e Pinellas County School District Staff; ere is available capacity wiin e CSA and e maximum development potential, if built, will not have a significant impact on public school concurrency. The potential impact anticipated students on is type are operating wiin e adopted level service standard. development would be minimal. All attendance areas It should be noted at e proposed Development Agreement fered by e applicant is intended to allow for e redevelopment e subject property as a Senior Housing Campus, fering a continuum care for e aging population. In accordance wi e proposed development agreement, e campus will include an 83 unit/age rescted apartment complex, a 150 bed, senior assisted living facility, a 100 bed skilled nursing facility, medical fices, a children s day care facility, and branch bank fice. No school age population is anticipated from e proposed development. d. Impact e proposed amendment upon e following adopted levels service (LOS) for public services and facifities including limited to: water, sewer, sanitation, traffic, mass but not transit, recreation, stormwater management. analysis purposes, it is assumed at Area B will be redeveloped at a ratio fice-type uses, and at Area C will be developed at a density units per acre. This analysis is followed by analysis specflc to e uses proposed in e Development Agreement. For 0.50for floor-area 15 Page 19

20 The following analysis indicates at e proposed changes will not have a significant impact on e City s adopted levels service for potable water, sanitary sewer, solid waste, traffic, mass transit, stormwater management and recreation. WATER Summary potable water demand: Existing NS-2 Zoning Proposed CRS-1 Zoning (Area B ) and NSM-l Zoning (Area C ) Proposed Development Agreement 21,000 gpd 37,805 gpd 46,500 gpd Under e existing NS-2 zoning, e maximum demand for potable water could reach 21,000 gallons per day as follows: Residential development (67 sf homes): 168 persons x 125 gpcpd = 21,000 gallons/day Institutional (church/school) space: 176,160 sq. ft. inst. space x 0.10 gpd/sq. ft. = 17,616 gallons/day Sources: St. Petersburg Comprehensive Plan; and Pinellas County, Water Sewer Use Factors Study, Under e requested CRS-1 zoning (for Area B, 1.46 acres) and NSM-1 zoning (for Area C, acres), demand for potable water could reach 37,805 gallons per day, as follows: Office development (Area B ): 31,800 sq. ft. fice space x 0.10 gpdjsq. ft. = 3,180 gallons/day plus Residential development (Area C, 180 mf units): 277 persons x 125 gpcpd = 34,625 gallons/day Pursuant to e proposed Development Agreement, e maximum demand for potable water could reach 46,500 gallons per clay, as follows: Area A (Medical/fice development): 55,000 sq. ft. medical/fice space x 0.10 gpdlsq. ft. = 5,500 gallons/day Page 20

21 plus Area C (150-bed ALF/ILF, 100 restricted apartments) bed skified nursing facility, 83 age 250 beds x 100 gpdjbed = 25,000 gallons/day 83 apartments x 1.54 persons per apartment = 128 persons x 125 gp/pd = 16,000 gallons/day Sources: St. Petersburg Comprehensive Plan; and Pinellas County, Water/Sewer Use Factors Study, In summary, e demand for potable water will increase under e requested CRS-1 and NSM-1 zoning, possibly in e range 16,805 gallons per day. Potable water demand associated wi e proposed Development Agreement is estimated to be 46,500 gpd, which is an increase NS-2 zoning to CRS-] and NSM-1 zoning will not have a impact on e City adopted LOSfor potable water. 25,500 gpd. Regardless, e rezoning e subject propertyfrom sign/icant Under e existing interlocal agreement wi Tampa Bay Water (TBW), e region s local governments are required to project and submit, on or before February 1 each year, e anticipated water demand for e following water year (October 1 rough September 30). TBW is contractually obligated to meet e City s and oer member governments water supply needs. The City s current potable water demand is mgd. The City s projected need for potable water for e 2010 water year is approximately mgd. While e City s adopted LOS standard for potable water is 125 gallons per capita per day (gpcd), in 2008 e City s actual gross consumption was approximately 83 gpcd. Reasons why St. Petersburg s average day demand and gross per capita consumption potable water are not increasing, and actually decreasing in some water years, is e overwhelming success e City s water conservation program and reclaimed water program. In addition, e move to a once per week watering restriction has alleviated a portion e potable water demand. WASTEWATER Summary sanitary sewer demand: Existing NS-2 Zoning Proposed CRS-1 Zoning (Area B ) and NSM-1 Zoning (Area C ) Proposed Development Agreement 28,560 gpd 50,270 gpd 52,260 gpd The subject property is served by e Norwest Water Reclamation Facility. Under e existing NS-2 zoning for e subject site, e demand for sanitary sewer could reach 28,560 gallons per day as follows: Page 21

22 Residential development (67 sf homes): 168 persons x 170 gpcpd 28,560 gallons/day Institutional (church/school) space: 176,160 sq. ft. inst. space x 0.10 gpd/sq. ft. = 17,616 gallons/day Sources: St. Petersburg Comprehensive Plan; and Pinellas County, Water Sewer Use Factors Study, Under e requested CRS-1 zoning (for Area B, 1.46 acres) and NSM-1 zoning (for Area C, acres), demand for sanitary sewer could reach 50,270 gallons per day, as follows: Office development (Area B ): 31,800 sq. ft. fice space x 0.10 gpdlsq. ft. = 3,180 gallons/day plus Residential development (Area C, 180 mf units): 277 persons x 170 gpcpd = 47,090 gallons/day Pursuant to e proposed Development Agreement, e maximum demand for sanitary sewer could reach 52,260 gallons per day, as follows: Area A (Medical/fice development): 55,000 sq. ft. medical/fice space x 0.10 gpd/sq. ft. = 5,500 gallons/day plus Area C (150-bed ALF/ILF, 100 bed skilled nursing facility, 83 age restricted apartments) 250 beds x 100 gpdlbed = 25,000 gallons/day 83 apartments x 1.54 persons per apartment = 128 persons x 170 gp/pd = 21,760 gallons/day Sources: St. Petersburg Comprehensive Plan; and Pinellas County, Water/Sewer Use Factors Study, In summary, e demand for sanitary sewer will increase under e requested CRS-1 and NSM-1 zoning, possibly in e range 21,710 gallons per day, however, sewer demand associated wi e proposed Development Agreement is estimated to be only 52,260 gpd, which is an increase 23,700 gpd. Regardless, e rezoning e subject property Page 22

23 from NS-2 to CR5-i and NSM-i will not have a significant impact on e City s adopted sanita7y sewer due to efact at e FY09 average day demand for wastewater service at e Norwest WRF was approximately 9.68 million gallons. The facility has a capacity 20.0 mgd, leaving an average day surplus approximately million gallons. LOSfor SOLID WASTE Summary solid waste demand: Existing NS-2 Zoning Proposed CRS-1 Zoning (Area B ) and NSM-1 Zoning (Area C ) Proposed Development Agreement 218 tons/yr 360 tons/yr 1 tons/yr Solid waste collection is e responsibility e City. Approval is request will not affect e City s ability to provide collection services. All solid waste disposal is e responsibility Pinellas County. The County and e City have e same designated level service 1.3 tons per year per person, while ere is no generation rate nonresidential uses. Residential development under e existing NS-2 zoning could result in a population 168 persons, which translates to approximately 218 tons solid waste per year (168 persons x 1.3 tpypp). Residential development under e requested NSM-1 zoning could result in a population 277 persons, which translates to approximately 360 tons solid waste per year (277 persons x 1.3 tpypp). Residential development under e proposed Development Agreement could result in a population 128 persons, which translates to approximately 1 tons solid waste per year (128 persons x 1.3 tpypp). Thus, solid waste demand could decrease by 52 tons per year. Regardless, e proposed amendments will not impact e City s adopted LOS for solid waste. The Pinellas County Waste-to-Energy Plant and e Bridgeway Acres Sanitary Landfill are e responsibility Pinellas County Utilities, Department Solid Waste Operations, however, ey are operated and maintained under contract by two private companies. The Waste-to-Energy Plant continues to operate below its design capacity incinerating 977,287 tons solid waste per year. The continuation successful recycling efforts and e efficient operation e Waste-to-Energy Plant have helped to extend e life span Bridgeway Acres. The landfill has approximately 30 years remaining, based on current grading and disposal plans. TRAFFIC Summary traffic impact (new p.m. peak hour trips): Existing Institutional Plan Category 328 Requested Residential/Office General and Residential Medium Categories 217 Proposed Development Agreement 345 for Page 23

24 Existing Conditions As previously noted, e 18 acre subject property is generally located on e noreast corner 9 Avenue and Street Nor. Based on e existing traffic count, e level service for 9 Avenue Nor, which is classified as a collector road, is B, between 49 Street Nor and Street Nor and D, between Street Nor and Park Street. Based on e existing traffic count, e level service for Street Nor, which is classified as a principal arterial, is D, between Pasadena Avenue and Tyrone Boulevard. The City s LOS standard is D. Sources: Pmellas County MPO 2009 Level Service Report. City St. Petersburg, Comprehensive Plan. Maximum Potential Trip Generation Under e Existing Institutional Future Land Use Designation If e subject property is redeveloped under e existing Institutional land use designation, e.g., church or school, it is anticipated at e maximum vehicle trip generation rate would be 328 p.m. peak hour trips, calculated as follows: Step a. 192 avg. daily trips per acre Institutional land x acres = 3,452 avg. daily trips Step b. 3,452 avg. daily trips x.095 = 328 p.m. peak hour trips Maximum Potential Trip Generation Under e Requested General and Residential Medium Land Use Designations Residential/Office In summary, e maximum trip generation potential under e requested Residential/Office General and Residential Medium land use designations is 217 p.m. peak hour trips. The maximum vehicle trip generation rate for e requested Residential/Office General land use is 101 p.m. peak hour trips, calculated as follows: Step a. 178 avg. daily trips per acre R/OG land x 5.96 acres 1,061 avg. daily trips Step b. 1,061 avg. daily trips x.095 = 101 p.m. peak hour trips The maximum vehicle trip generation rate for e requested Residential Medium land use is 116 p.m. peak hour trips, calculated as follows: Step a. Step b. 102 avg. daily trips per acre RM land x acres = 1,226 avg. daily trips 1,226 avg. daily trips x.095 = 116 p.m. peak hour trips Page 24

25 Summary Traffic Impact e 18 acre subject property were to be redeveloped wi an institutional use, e.g., church or school facility, it is estimated at 328 new p.m. peak hour trips could be generated. It is estimated at e applicant s requested Plan change from Institutional to Residential/Office General and Residential Medium could result in a net decrease 111 p.m. peak hour trips when compared to an institutional use (e difference between 217 and 328 p.m. peak hour trips). If Maximum Potential Agreement Trip Generation Pursuant to e Proposed Development The applicant has indicated at e subject property be developed wi 83 multifamily residential units for seniors/elderly, 150 bed ALF, 100 bed skilled nursing facility, 45,000 sq. ft. The maximum vehicle trip generation rate under is development scenario is 345 new p.m. hour trips, calculated as follows: medical fice space, 6,000 sq. ft. day care space, and a 4,000 sq. ft. bank. peak Step a. Step b. Step c. Step d total adt, based on daily trip generation equations for six uses 3185 new adt on e external road network due to reductions for internal capture and pass-by trips 465 p.m. peak hour trips, based on p.m. peak hour trip generation equations for six uses 345 new p.m. peak hour trips on e external road network due to reductions for internal capture and pass-by trips Sources: ITE Trip Generation Manual, 8 Edition and ITE Trip Generation Handbook, 2 Edition. Staff s Analysis Trip Generation Under Proposed Development Agreement New PM Peak Land Use Size New Daily Trips HourTrips Medical fice 45,000 s.f Senior/Elderly 83 units Apartments ALF/Senior Living 150 beds Community Child Care 6,000 s.f Bank 4,000 s.f Skilled Nursing 100 beds Facility Subtotal Internal Capture Pass-by Trips Total Page 25

26 Summary Traffic Impact Under e Proposed Development Agreement Development pursuant to e proposed Development Agreement will result in an estimated 345 new p.m. peak hour trips, which is an increase seventeen (17) p.m. peak trips when compared to e potential peak hour trip generation under e existing Institutional land use. Staff has determined e impact e proposed development on 9 Avenue Nor and Street by comparing e estimated number peak hour trips to e excess capacity available on ese roadways according to e Pinellas County MPO s 2009 Level Service (LOS) Report. Since e MPO s 2009 LOS Report is based on 2008 traffic counts and e Shoppes at e Royale project, located on Street Nor nor 13 Avenue Nor, opened in March 2009, staff estimated e additional traffic from is development. The total amount new commercial square footage at e Shoppes at e Royale site is 87,000. This new development is generating an estimated 571 total p.m. peak hour trips. There are a total 231 pass-by trips, so 340 new p.m. peak hour trips are being placed on external streets such as Street. This number would be less if internal capture trips between e new development and e existing retail and fice developments on e site were calculated. According to e MPO s 2009 LOS Report, ere is a spare capacity 602 p.m. peak hour, peak direction trips. In a worst case scenario, if e 345 new p.m. peak hour trips from e Diocese site project and 340 new p.m. peak hour trips from e Shoppes at e Royale project were all distributed on Street, a total 685 p.m. peak hour trips would be added, which 377 trips would travel in e peak direction (685 multiplied by e peak direction factor 0.55). The 377 new p.m. peak hour trips estimated under is scenario is significantly less an e spare capacity 602 p.m. peak hour, peak direction trips. Consequently, e proposed development will not degrade current operating conditions on Street below LOS D. Staff has also determined at 9 Avenue Nor will continue to meet e LOS standard. MASS TRANSIT The Citywide LOS for mass transit will not be affected. The total miles fixed route service will not change; e miles DART service will not change; e subject property is located wiin 1/4 mile an existing transit route; and headways are less an or equal to one hour. PSTA provides local transit service along 9 Avenue Nor and Street Nor. Routes 7 and 79 serve e subject property, wi headways equal to 60 minutes on Route 7 and 30 minutes on Route 79. RECREATION The City s adopted LOS standard for recreational acreage, which is 9 acres per 1,000 population, will not be impacted by is proposed rezoning. Under bo e existing and proposed zoning, e LOS citywide will remain at 21.9 acres per 1,000 population. Page 26

27 STORMWATER MANAGEMENT Prior to development e subject property, site plan approval will be required. At at time, e stormwater management system for e site will be required to meet all city and SWFWMD stormwater management criteria. Appropriate and adequate land area sufficient for e use anticipated operations and expansion. and reasonably The land area is sufficient for e anticipated uses. The amount and availabifity vacant land or land suitable for redevelopment shown for similar uses in e City or in contiguous areas. As January 2010, it is estimated at ere are 22 acres vacant CRS-1 and 101 acres vacant NSM-l zoned land in e City. g. Wheer e proposed change is consistent wi e established land use pattern. The proposed changes will not result an inappropriate or illogical land use transition given e separation e two residential neighborhoods by 9 and 13 avenues, and e fact at e balance e Diocese-owned property located to e east will remain designated Institutional, which allows for more intensive uses, including residential development at a density 12.5 units per acre. h. Wheer e existing district boundaries are logically drawn in relation to existing conditions on e property proposed for change. The existing NS-2 zoning district boundaries are not illogically drawn in relation to existing conditions. If e proposed amendment involves a change from a residential to a nonresidential use, wheer more nonresidential land is needed in e proposed location to provide services or employment to e residents e City. Given e 9 geographic proximity to two major roads, e.g., Street Nor and Avenue Nor, and proximity to e Tyrone Activity Center, it is reasonable to assume at e subject property would be appropriate for higher density and/or intensity. Only 5.96 acres e estimated 18 acre subject area is proposed to be amended to R/OG, which allows for bo residential and fice uses. Pursuant to e proposed Development Agreement, it is anticipated at is 5.96 acre area will be redeveloped wi up to 55,000 sq. ft. pressional fice/medical fice space. Wheer e subject property is located wiin e 100-year flood plain or Coastal High Hazard Area as identified in e Coastal Management Element e Comprehensive Plan. t1 Page 27

28 According to e FEMA Flood Insurance Rate Map (FIRM), e subject property is not located in eloo-year flood plain. The property is not located in e CHHA (Coastal High Hazard Area), moreover, according to e Pinellas County, Emergency Management Department; e property is located in a non-evacuation zone. k. Oer pertinent information. None. Page 28

29 LEGAL DESCRIPTION ENTIRE PARCEL A PARCEL OF LAND LYiNG IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED in PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF P1NELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF 13TH AVENUE NORTH; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH EAST, FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, SOUTH EAST, FEET; THENCE SOUTH EAST, 228A2 FEET; THENCE SOUTH WEST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 9Th AVENUE NORTH; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH WEST, FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF TH STREET NORTH; THENCE DEPARTING SAID NORTH RIGHT OF WAY LiNE, AND ALONG SAID EAST RIGHT OF WAY LINE, NORTH WEST, FEET O THE SOUTHWEST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID SOUTH BOUNDARY, AND ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH WEST, FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS ACRES, MORE OR LESS LEGAL DESCRIPTION: (RESIDENTIAL PROPERTY A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF 13 TH AVENUE NORTH; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH EAST, FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, SOUTH EAST, FEET; THENCE SOUTH EAST, FEET; THENCE SOUTH SS WEST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 9TH AVENUE NORTH, THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH OS WEST, FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, NORTH WEST, FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE ALONG SAID SOUTH BOUNDARY, NORTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID SOUTh BOUNDARY, AND ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH WEST, FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS A CRE MORE OR LESS. Page 29

30 LEGAL DESCRIPTION (COMMERCIAL PROPERTY): A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, P1NELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH Y2 OF THE SOUTHWEST ¼ OF SAID SECTION 17, AN]) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST BOUNDARY, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH WEST, FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID SOUTH BOUNDARY, SOUTH EAST, FEET; THENCE NORTH WEST, FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STREET NORTH; THENCE ALONG SAD) EAST RIGHT OF WAY LINE, NORTH WEST, FEET TO THE SOUTHWEST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, AND ALONG THE SOUTh BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH EAST, FEET TO THE POINT OF BEGINNING. T SAID PARCEL CONTAiNS 2.98 ACRES, MORE OR LESS. PLUS l3 AVENUE NORTH; THENCE ALONG A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH ½ OF THE SOUTHWEST 4 OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STREET NORTH; THENCE ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST BOUNDARY, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH WEST, FEET; THENCE DEPARTING SAID SOUTH BOUNDARY, SOUTH EAST, FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH EAST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 9TH AVENUE NORTH; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH OS WEST, FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STREET NORTH; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, AN]) ALONG SAID EAST RIGHT OF WAY LINE, NORTH WEST, FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, SOUTH EAST, FEET TO THE POINT OF BEGINNING. SAIl) PARCEL CONTAINS 2.98 ACRES, MORE OR LESS. TOTAL SAID PARCELS CONTAIN 5.69 ACRES, MORE OR LESS l3 Page3O

31 CITY FILE FLUM-7 SCALE: 1 = 338 ci

32 FLUM-7 CITY FILE A C. AREA AREA INS INS INS I / Area A Area C 5.96 Acres Acres From: Institutional From: Institutional To: Residential IOffice General To: Residential Mcdi 1 SUBJECTAREA LAND USE PLAN DESIGNATION 9TH AVE N /. INS

33 I C., C.) / / I7THAV 13TH AVE N 3T \ : CRS z z z H C ) F CD (0 I I I CRS_i: : C I I I. I B I I I NS-2 I I I I I. l I I I I I I I I I I I I NS-2 9TH AVE N CITY FILE FLUM-7 SCALE: 1 = 208 EXISTING ZONING [1 Area B : Area C 1.46 Acres Acres From: NS-2 To: CR8-I From: NS-2 To: NSM-I s N

34 . I I _ \ MF llhl \COUNTY OFFICES 2 F OFFICE CROSSROADS CENTER /.. 18M AE N c<, /SL / / r0 \ fl -- SHOPPESAT THE ROYALE r EJBk\/ I Li Li TTJL LJ I 1 ibr1ljfrt-r OFFICE BANK LLJL i 1%Jf\I IcL.LLLL A Co CO LL z _ :_1HELJiE POST OFFICE VACANT I / 13THAVEN..._ RETENTION LAKE _i DIOCESE PROPERTY -CHANCERY BLDGS. -ST PETE CATHOLIC HIGH SCHOOL 1 1 4dL cret 1 bff i r. I L \ L EAGLE LAKE ST. PETE COLLEGE L.:1 j 9TH AVE N L... fj 1 I H L.L4 [...!J4J.LJJLLJ_J JTTTT :jftl t 1 T f Li ij JiYZ*jL + iij DFFH z - 7THAVEN RE EXISTING SURROUNDING USES \ JJ - L ft I / CITY FILE FLUM-7 SUBJECTAREA WE SCALE: 1 422

35 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter e Agreement ) is made and entered into is day 2010, by and between ROBERT N. LYNCH, AS BISHOP OF THE DIOCESE OF ST. PETERSBURG, a Corporation Sole, whose mailing address is Avenue Nor, St. Petersburg, Florida (hereinafter Owner ), CLEAR OCEAN INVESTMENTS II CORPORATION, a Florida Corporation, whose mailing address is 4701 Central Avenue, St. Petersburg, Florida (hereinafter e Developer ) and e CITY OF ST. PETERSBURG, FLORIDA, a Florida municipal corporation, whose mailing address is P. 0. Box 2842, St. Petersburg, Florida (hereinafter e City ) (collectively hereinafter e Parties ). WITNESSETH: WHEREAS, Owner is e fee simple title owner approximately acres land located at Avenue Nor, St. Petersburg, Florida wiin e boundaries e City, e legal description which is attached hereto as Exhibit A (hereinafter e Property ); and WHEREAS, Owner has contracted to sell e Property to Developer; and WHEREAS, Developer desires to develop approximately acres e Property described on Exhibit B attached hereto (hereinafter e Residential Property ) as permitted in e City s Neighborhood Suburban Multifamily (NSM- 1) zoning district wi a Residential Medium (RM) comprehensive land use designation; and WHEREAS, Owner has filed an application wi e City requesting a Comprehensive Plan Change Amendment to change e Future Land Use Plan Category for e Residential Property from Institutional to Residential Medium (RM); and WHEREAS, Owner has filed a Rezoning Application wi e City to change e zoning e Residential Property from Neighborhood Suburban - 2 (NS-2) to Neighborhood Suburban Multifamily (NSM-1); and WHEREAS, Developer desires to develop approximately 5.96 acres e Property described on Exhibit C attached hereto (hereinafter e Commercial Property ) as permitted in e City s Corridor Residential Suburban (CRS-1) zoning district, subject to e limitations set for in is Agreement, wi a Residential/Office General (R/OG) comprehensive land use designation; and WHEREAS, Owner has filed an application wi e City requesting a Comprehensive Plan Change Amendment to change e Future Land Use Plan Category for e Commercial Property from Institutional to Residential/Office General (RJOG); and WHEREAS, approximately 4.50 acres, described on Exhibit D attached hereto, e Commercial Property is cunently zoned Corridor Residential Suburban (CRS-1); and WHEREAS, Owner has filed a Rezoning Application wi e City to change e zoning remaining approximately 1.46 acres, described on Exhibit E attached hereto, e Commercial Property from Neighborhood Suburban - 2 (NS-2) to Corridor Residential Suburban (CRS-1); and WHEREAS, Owner, Developer and e City desire to establish certain terms and conditions relating to e proposed development e Property in accordance wi Sections , Florida Statutes, e Florida Local Government Development Act (hereinafter e Act ); WHEREAS, in accordance wi Section , Florida Statutes, et. seq. and Section e City s LDRs, e City is auorized to enter into a Development Agreement; and WHEREAS, e first public hearing on is Agreement was held by e Planning and Visioning Commission on February 9, 2010; and WHEREAS, e first reading is Agreement was held by e City Council on March 4, 2010; and doc 01/28/10

36 City Council on WHEREAS, e second reading and public hearing on is Agreement is scheduled to be held by e 2010; and WHEREAS, e Developer desires to develop e Property in accordance wi e conditions and limitations set for in is Agreement. DEFINITIONS The terms defined in is Agreement shall have e following meanings, except as herein oerwise expressly provided: Agreement means is Development Agreement, including any Exhibits, and any amendments hereto or ereto. Auorized Representative means e person or persons designated and appointed from time to time as such by e Owner, Developer, or e City. City Council means e governing body e City, by whatever name known or however constituted from time to time. City s Comprehensive Plan means e City St. Petersburg Comprehensive Plan, as most recently amended prior to e date here. City s LDRs means e City St. Petersburg Land Development Regulations, as most recently amended prior to e date here. Development means all improvements to real property, including buildings, oer structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved real property. Development Permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any oer ficial action local government having e effect permitting e development land. Exhibits means ose agreements, diagrams, drawings, specifications, instruments, forms instruments, and oer documents attached hereto and designated as exhibits to, and incorporated in and made a part is Agreement. Florida Statutes means all references herein to Florida Statutes are to Florida Statutes (2009), as amended from time to time. Governmental Auority means e City, e County or any oer governmental entity having regulatory auority over e Project and at issues a Development Permit for e Project to be constructed and opened for business. Project means e proposed development to be located on e Property as contemplated by is Agreement and as more particularly shown in e Diocese St. Petersburg Site Plan, attached hereto and incorporated herein as Exhibit F. Property means e real property more particularly described in e legal description in Exhibit A. AGREEMENT NOW, THEREFORE, in consideration e terms, conditions, covenants and mutual promises hereinafter set for, e Parties agree as follows: doc 01/28/10 2

37 1. Recitals, Definitions, and Exhibits. The foregoing recitations are true and correct and are hereby incorporated herein by reference. The foregoing Definitions are hereby incorporated herein by reference. All exhibits to is Agreement are essential to is Agreement and are hereby deemed a part here. 2. Intent. It is e intent e Parties at is Agreement shall be adopted in conformity wi e Act and at is Agreement should be construed and implemented so as to effectuate e purposes and intent e Act. This Agreement shall not be executed by or binding upon any Party until adopted in conformity wi e Act. 3. Recording and Effective Date. After e Agreement has been executed by e Parties, and after e date e Comprehensive Plan Amendment and Zoning Designation Amendment become effective, e City shall record e Agreement in e Public Records Pinellas County, Florida, at e Developer s expense and shall forward a copy e recorded Agreement to e Florida Department Community Affairs ( DCA ). Thirty (30) days after receipt e recorded Agreement by e DCA, is Agreement shall become effective (e Effective Date ). 4. Duration. The initial term is Agreement shall be for twenty (20) years from e Effective Date. Owner and Developer agree at is Agreement may be extended by e City at e end e initial term for an additional twenty (20) year renewal term, subject to all necessary requirements in accordance wi e Florida Statutes and e City s en-existing LDRs. 5. Permitted Development Uses and Building Intensities. (a) Permitted Development Uses. The Property currently holds an Institutional comprehensive land use designation. Owner has applied to e City to rezone e Residential Property from NS-2 to NSM- 1, wi a concurrent application to amend e Future Land Use designation to RM. Currently approximately 4.50 acres e Commercial Property is zoned CRS-l. Owner has applied to e City to rezone e remaining approximately 1.46 acres Commercial Property from NS-2 to CRS-l, wi a concurrent application to amend e Future Land Use designation e Commercial Property to RJOG. Upon such rezoning and land use plan amendments being adopted, e Property may be used for e purposes permitted in e applicable zoning districts subject to e additional limitations and conditions set for in is Agreement. (b) Maximum Density. Intensity, and Height Proposed Uses. For e purposes is Development Agreement, maximum density, intensity, and height shall be as provided by e City St. Petersburg City Code, including e City s LDRs, and all applicable laws and regulations e State Florida, including but not limited to e Florida Statutes, e Florida Building Code, and all applicable regulations e Florida Department Transportation. A workforce housing density bonus six (6) units per acre is also allowable, subject to e City s Workforce Housing Ordinance. Additional building height can be achieved pursuant to e Large Tract Planned Development Overlay regulations, set for in Chapter 16 e City Code. (c) Limitations and Conditions on Use. A conceptual site plan for e Property is attached hereto as Exhibit F. This site plan is conceptual only to provide a conceptual layout for e general location e proposed uses and is subject to full site plan review in accordance wi existing procedures and requirements established by e City s LDRs. The development uses proposed on e Commercial Property include a four ousand (4,000) sq. ft. bank branch; a fifteen ousand (15,000) sq. ft. one story medical fice building; a six ousand (6,000) sq. ft. daycare facility; and a irty ousand (30,000) sq. ft. two story medical fice building. The development uses proposed on e Residential Property include an apartment building for e elderly wi no more an ree stories and eighty-ree (83) units; a skilled nursing facility wi no more an two stories and one hundred (100) beds; and an Assisted Living Facility/Independent Living Facility (ALFIILF) wi no more an ree stories and one hundred fifty (150) beds. Owner and Developer agree at e following limitations and conditions shall apply to any site plan approved for e Property: (1) Any buildings shall be prohibited wiin e norern one hundred forty (140) feet e Property doc 01/28/10

38 (2) Residential buildings located on e 9 Avenue Nor perimeter e Residential Property facing e abutting single family neighborhoods shall be designed in accordance wi e Redevelopment Plan criteria set for in e City LDRs. (3) No motor vehicular access to or from e Property shall be allowed to or from Avenue Nor. (4) The following uses shall be prohibited on any part e Property: a. Restaurants (where e predominant business is e sale alcoholic beverages) and liquor stores. b. Outdoor sound system, loud speakers or live outdoor music. c. Service truck deliveries between 10:00 pm and 6:00 am. d. Pawn shops. (5) Developer shall incorporate e most current technology and applications to address site lighting spillage, including, but not limited to, flat lens, shields, low prile baffled lighting, and low prile poles. A photometric plan shall be developed to ensure at no source illumination shall be directly visible from any window in any residence abutting e Property. (6) Any solid wall installed along 9 Avenue Nor shall be no higher an ree (3) feet unless required to be higher by City Code. (7) Developer shall provide a bus pull-f area on Street between 9 Avenue Nor and Avenue Nor, if agreed to by e City, e Florida Department Transportation, and Pinellas Suncoast Transit Auority (PSTA). 13 and 13 (8) Developer shall provide enhanced bus shelters on Street between 9 Avenue Nor Avenue Nor, if agreed to by e City, e Florida Department Transportation, and PSTA. 13 (9) Developer shall provide a pedestrian connection from e bus stops on site, if agreed to by e City, e Florida Department Transportation, and PSTA. Street to e 13 (10) Developer shall provide pedestrian connections between e buildings wiin e site and Avenue Nor, 9 Avenue Nor, and Street, if agreed to by e City. (11) Developer shall provide bicycle racks wiin e site as required by City Code. (12) Development e Residential Property shall be limited to an apartment building for e elderly wi no more an ree stories and eighty-ree (83) units; a skilled nursing facility wi no more an two stories and one hundred (100) beds; and an Assisted Living Facility/Independent Living Facility (ALF/ILF) wi no more an ree stories and one hundred fifty (150) beds. (13) The final site plan shall clearly identify e points vehicular access into e Residential Property and between e Residential Property and e Commercial Property. (d) Additional Development Requirements. In addition to e site plan requirements set for above, Developer agrees: (1) To seek any required approvals from e Florida Department Transportation and any oer governmental entity for e following improvements and to make such improvements if e required approvals are received: Nor and 13 a. Close e existing norern median opening on Avenue Nor. Street between 9 Avenue doc 01/28/10

39 b. Extend e soubound left turn lane on Street at 9 Avenue Nor. c. Extend e norbound left turn lane on Street at 13 Avenue Nor. d. Provide directional median opening and soubound left turn lane on Street at e main Project driveway located between e norern and souern driveways. e. Provide a norbound right turn lane on Street at e main Project driveway located between e norern and souern driveways. driveway. driveway. driveway. f. Provide a norbound right turn lane on Street at e norern Project g. Provide an eastbound left turn lane on 9 Avenue Nor at e eastern Project h. Provide a westbound right turn lane on 9 Avenue Nor at e eastern Project i. Extend e westbound right turn lane and westbound left turn lane on 9 Avenue Nor at Street. (2) To design and construct any access to or egress from e Property onto 9 Avenue Nor so as to eliminate or deter vehicular traffic from and rough to 65 Street Nor into e Eagle Crest Neighborhood. Developer will assist, support and cooperate wi e Eagle Crest Neighborhood Association to obtain modifications at e souernmost intersection 9 Avenue Nor and 65 Street Nor to eliminate or deter rough traffic access onto e Property from 65 Street Nor. (3) To assist, support and cooperate wi e appropriate neighborhood associations to obtain No U-Turn approval and signage at e intersection Street and 13 Avenue Nor from e Florida Department Transportation and any oer governmental auority/jurisdiction from which approval such signage must be obtained. (4) To limit, as reasonably practicable, vehicular traffic related to construction activities at e Project Site from using e streets in e residential neighborhoods surrounding e Project Site. (5) To limit e days and hours construction activities as required by e City St. Petersburg City Code. 6. Public Facilities: Traffic Concurrency. The following existing and needed public facilities are identified as serving e Project: (a) Potable Water: The City will provide potable water to e Project Site. Sufficient supply capacity is available to service e Project, consistent wi e requirements e City s concurrency management regulations. (b) Sanitary Sewer: The City will provide sanitary sewer service to e Project Site. Sufficient treatment capacity is available to service e Project, consistent wi e requirements e City s concurrency management regulations. (c) Stormwater Management: Stormwater management level service is project-dependent raer an based on e provision and use public facilities and is not directly provided by e City. The design and construction e proposed stormwater facilities on e Project Site shall be in compliance wi e requirements e City St. Petersburg City Code and e Souwest Florida Water Management District, shall meet concurrency requirements for stormwater, and shall not result in degradation e level service below City s adopted level service doc 01/28/10 5

40 (d) Law Enforcement: Law Enforcement protection will be provided by e City St. Petersburg Police Department using available facilities and service capacity already in place. Such capacity is sufficient to allow e Project to meet e applicable level service requirements, and no new public facilities will be needed to service e Project. (e) Fire Protection and Emergency Medical Service: Fire protection and emergency medical services will be provided by e City using available facilities and service capacity already in place. Such capacity is sufficient to allow e Project to meet e applicable level service requirements, and no new public facilities will be needed to service e Project. (1) Library Facilities and Services: Library facilities and services will be provided by e City using available facilities and service capacity already in place. Such capacity is sufficient to allow e Project to meet e applicable level service requirements and no new public library facilities will be needed to service e Project. (g) Public Schools: Public school facilities and services will be provided by e Pinellas County School Board. Such capacity is sufficient to allow e Project to meet e applicable level service requirements and no new public facilities will be needed to service e Project. (h) Solid Waste: Solid waste collection services will be provided by e City using facilities, equipment and service capacity already in place, while waste disposal services will be handled by Pinellas County. Capacity is sufficient to allow e Project to meet e applicable level service requirements, and no new public facilities will be needed to service e Project. (i) Transportation/Mass Transit: The determination adequacy public facilities, including transportation facilities, to serve e proposed development shall be made in accordance wi e City s Concurrency requirements in existence as e date is Agreement. (j) Utility Improvements: Utility improvements necessary to provide service to a structure shall be constructed by Developer at Developer s expense prior to issuance certificates occupancy for e structure. 7. Reservation or Dedication Land. Owner and Developer shall not be required to reserve or dedicate land wiin e Property for municipal purposes oer an: (a) public utility easements for utilities servicing e Property; (b) as applicable for roadways and oer transportation facilities; and (c) subject to reasonable reservation and dedications during site plan review and approval. 8. Local Development Permits. The following local development approvals will be required to develop e Property for uses pennitted in e NSM- 1 and CRS- 1 zoning districts: (a) (b) (c) (d) (e) (f) (g) Final site plan and, if applicable, special exception approval; Water, sewer, paving and drainage permit; Building permits; Certificates Occupancy; Certificates Concurrency; Any oer development permits at may be required by City ordinances and regulations; and Such oer City, County, State or Federal permits as may be required by law. 9. Consistency wi Comprehensive Plan. Development e Property for e purposes allowed in e NSM- 1 and CRS- 1 zoning districts will be consistent wi e City s Comprehensive Plan once e Future Land Use element e Plan is amended to Residential/Office General (R/OG) for e Commercial Property and to Residential Medium (RM) for e Residential Property. 10. Necessity Complying wi Local Regulations Relative to Permits. The Parties agree at e failure is Agreement to address a particular permit, condition, fee, term or restriction shall not relieve Owner and/or Developer e necessity complying wi regulations governing said permitting requirements, conditions, fees, terms or restrictions doc 01/28/10 6

41 11. Binding Effect. The obligations imposed pursuant to is Agreement upon e Parties and upon e Property shall run wi and bind e Property as covenants running wi e Property. This Agreement shall be binding upon and enforceable by and against e Parties hereto, eir personal representatives, heirs, successors, grantees and assigns. Notwistanding e foregoing, Owner s rights and obligations under is Agreement shall pass to Developer upon e closing Developer s purchase e Property and Owner shall be relieved any furer obligations under is Agreement upon Developer s acquisition title to e Property. 12. Concurrency and Comprehensive Plan Findings. Based on e conceptual site plan incorporated herein as Exhibit F, e City has determined at e concurrency requirements Sections and e City s LDRs and e City s Comprehensive Plan will be met for e Project. The City has found at e Project and is Agreement appear to be consistent wi and furer e goals, objectives, policies and action strategies e City s Comprehensive Plan and wi e City s LDRs. 13. Disclaimer Joint Venture. The Parties represent at by e execution is Agreement it is not e intent e Parties at is Agreement be construed or deemed to represent a joint venture or common undertaking between any Parties, or between any Party and any ird party. While engaged in canying out and complying wi e terms is Agreement, Owner and Developer are independent principals and not contractors for or ficers, agents, or employees e City. Neier Owner nor Developer shall at any time or in any manner represent at it or any its agents or employees are employees e City. 14. Amendments. The Parties acknowledge at is Agreement may be amended by mutual consent e Parties subsequent to execution in accordance wi , Florida Statutes and Section e City s LDRs. All amendments to is Agreement shall be ineffective unless reduced to writing and executed by e Parties in accordance wi e City s LDRs. 15. Notices. All notices, demands, requests for approvals or oer communications given by any Party to anoer shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, by a recognized national overnight courier service, or by facsimile transmission to e fice for each Party indicated below and addressed as follows: (a) To e Owner: Wi a copy to: (b) To e Developer: Wi a copy to: (c) To e City: City St. Petersburg Attn: Rick W. MacAulay, Manager Urban Planning, Design and Historic Preservation Division City St. Pete Development Services Dept doc 01/28/10 7

42 One 4 Street Nor St. Petersburg, FL Wi a copy to: Assistant City Attorney, City St. Petersburg Attn: Milton A. Galbrai, Jr., Esq. Municipal Services Center One 4 Street Nor St. Petersburg, FL Effectiveness Notice. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective on e fif (5) business day after mailing. Refusal by any person to accept delivery any notice delivered to e fice at e address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in is Paragraph. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to e oer Parties and such notices shall be effective upon receipt. Until notice change address is received as to any particular Party hereto, all oer Parties may rely upon e last address given. Notices given by facsimile transmission shall be effective on e date sent. 17. Default. In e event any Party is in default any provision here, any non-defaulting Party, as a condition precedent to e exercise its remedies, shall be required to give e defaulting Party written notice e same pursuant to is Agreement. The defaulting Party shall have irty (30) business days from e receipt such notice to cure e default. If e defaulting Party timely cures e default, is Agreement shall continue in full force and effect. If e defaulting Party does not timely cure such default, e non-defaulting Party shall be entitled to pursue its remedies available at law or equity. 18. Non-Action on Failure to Observe Provisions is Agreement. The failure any Party to promptly or continually insist upon strict performance any term, covenant, condition or provision is Agreement, or any Exhibit hereto, or any oer agreement, instrument or document whatever form or nature contemplated hereby shall not be deemed a waiver any right or remedy at e Party may have, and shall not be deemed a waiver a subsequent default or nonperformance such term, covenant, condition or provision. 19. Applicable Law and Venue. The laws e State Florida shall govern e validity, performance and enforcement is Agreement. Venue for any proceeding arising under is Agreement shall be in e Six Judicial Circuit, in and for Pinellas County, Florida, for State actions and in e United States District Court for e Middle District Florida for federal actions, to e exclusion any oer venue. 20. Construction. This Agreement has been negotiated by e Parties, and e Agreement, including, wiout limitation, e Exhibits, shall not be deemed to have been prepared by any Party, but by all equally. 21. Entire Agreement. (a) This Agreement, and all e terms and provisions contained herein, including wiout limitation e Exhibits hereto, constitute e full and complete agreement between e Parties hereto to e date here, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements wheer written or oral. Wi e exception conditions at may be imposed by e City in approving any Development Permit, no Party shall be bound by any agreement, condition, warranty or representation oer an as expressly stated in is Agreement, and is Agreement may not be amended or modified except by written instrument signed by e Parties hereto, in accordance wi is Agreement, Florida Statutes Section , and Section e City s LDRs. (b) Any provisions is Agreement shall be read and applied in para materia wi all oer provisions here. 22. Holidays. It is hereby agreed and declared at whenever a notice or performance under e terms is Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed by e City, it shall doc 0 1/28/10 8

43 be postponed to e next following business day. 23. Certification. The Parties shall at any time and from time to time, upon not less an ten (10) days prior notice by e oer Party execute, acknowledge and deliver to e oer Party (and, in e case e City, to a Project Lender) a statement in recordable form certifying at is Agreement has not been modified and is in full force and effect (or if ere have been modifications at is Agreement as modified is in full force and effect and setting for a notation such modifications), and at to e knowledge such Party, neier it nor any oer Party is en in default here (or if anoer Party is en in default here, stating e nature and details such default), it being intended at any such statement delivered pursuant to is Paragraph may be conclusively relied upon by any prospective purchaser, mortgagee, successor, assignee any mortgage or assignee e respective interest in e Project, if any, any Party made in accordance wi e provisions is Agreement. 24. Termination. This Agreement shall automatically terminate and expire upon e occurrence e first e following: (a) The expiration twenty (20) years from e Effective Date is Agreement, as defined herein, unless e City extends e initial term for an additional twenty (20) year renewal term pursuant to e terms is Agreement and subject to all necessary requirements in accordance wi e Florida Statutes and e City s enexisting LDRs; or (b) The revocation is Agreement by e City Council in accordance wi Section , Florida Statutes and Section e City s LDRs; or (c) The execution a written agreement by all Parties, or by eir successors in interest, providing for e cancellation and termination is Agreement. 25. Deadline for Execution. The Owner and Developer shall execute is Agreement prior to e date on which e City Council considers is Agreement for final approval. 26. Covenant Cooperation. The Parties shall cooperate wi and deal wi each oer in good fai and assist each oer in e performance e provisions is Agreement and in achieving e completion development e Project Site, including processing amendments to is Agreement. 27. Approvals. (a) For e purposes is Agreement any required written permission, consent, approval or agreement ( Approval ) by e City means e Approval e Mayor or his designee unless oerwise set for herein and such approval shall be in addition to any and all permits and oer licenses required by law or is Agreement. (b) For e purposes is Agreement any right e City to take any action permitted, allowed or required by is Agreement, may be exercised by e Mayor or his designee, unless oerwise set for herein. 28. Partial Invalidity. If any term or provision is Agreement or e application ere to any person or circumstance is declared invalid or unenforceable, e remainder is Agreement, including any valid portion e invalid term or provision and e application such invalid term or provision to circumstances oer an ose as to which it is held invalid or unenforceable by a court competent jurisdiction, shall not be affected ereby and shall wi e remainder is Agreement, continue unmodified and in full force and effect. 29. Counterparts. This Agreement maybe executed in counterparts, each which shall be deemed an original but all which shall constitute a single instrument. 30. Cancellation. If e Developer fails to obtain e rezoning or Comprehensive Plan Amendment as more fully set for above, is Agreement shall become null and void doc 0 1/28/10

44 written. IN WITNESS WHEREOF, e Parties have executed is Agreement as e day and year first above CITY ATI EST: CITY OF ST. PETERSBURG, FLORIDA CITY CLERK By: As Its: day,2010 Approved as to form and content By Office City Attorney OWNER WITNESSES: sign print sign print ROBERT N. LYNCH, AS BISHOP OF THE DIOCESE OF ST. PETERSBURG, A CORPORATION SOLE By: print title date DEVELOPER WITNESSES: CLEAR OCEAN INVESTMENTS U CORPORATION, A FLORIDA CORPORATION sign print sign print By:_ print title_ date_ doc 01/28/10

45 sign STATE OF FLORIDA COUNTY OF P1NELLAS The foregoing instrument was acknowledged before me is day 2010, by on behalf Robert N. Lynch, as Bishop e Diocese St. Petersburg, a Corporation Sole, who is personally known to me or produced as identification. NOTARY PUBLIC: (SEAL) sign print State Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me is day 2010, by as Clear Ocean Investments II Corporation, a Florida corporation, on behalf e corporation, who is personally known to me or produced as identification. NOTARY PUBLIC: (SEAL) print State Florida at Large My Commission Expires: doc 01/28/10

46 EXHIBIT A LEGAL DESCRIPTION ENTIRE PARCEL A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, P1NELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED in PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PNELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF 13TH AVENUE NORTH; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH EAST, FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, SOUTH EAST, FEET; THENCE SOUTH EAST, FEET; THENCE SOUTH WEST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 9TH AVENUE NORTH; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH WEST, FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF TH STREET NORTH; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, AND ALONG SAID EAST RIGHT OF WAY LINE, NORTH WEST, FEET TO THE SOUTHWEST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID SOUTH BOUNDARY, AND ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH O WEST, FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS ACRES, MORE OR LESS doe 0 1/28/10

47 EXHIBIT B LEGAL DESCRIPTION: (RESIDENTIAL PROPERTY) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH Yz OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LiNE OF 13 TH AVENUE NORTH; THENCE ALONG SAID SOUTH RIGHT OF WAY LiNE, NORTH EAST, FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, SOUTH EAST, FEET; THENCE SOUTH EAST, FEET; THENCE SOUTH WEST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LiNE OF 9TH AVENUE NORTH, THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH OS WEST, FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, NORTH 0O01828 WEST, FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE ALONG SAID SOUTH BOUNDARY, NORTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID SOUTH BOUNDARY, AND ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH WEST, FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS ACRES, MORE OR LESS doe 01/28/10

48 EXhIBIT C LEGAL DESCRIPTION: A PARCEL OF LAND LYING in SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORiDA. SAID PARCEL BEING A PORTION OF THE NORTH Y2 OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF AVENUE NORTH; THENCE ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST BOUNDARY, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH WEST, FEET TO THE POiNT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE DEPARTING SAID SOUTH BOUNDARY, SOUTH 000l828 EAST, FEET; THENCE NORTH WEST, FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF TH STREET NORTH; THENCE ALONG SAID EAST RIGHT OF WAY LINE, NORTH WEST, FEET TO THE SOUTHWEST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST RIGHT OF WAY LiNE, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, NORTH EAST, FEET TO THE POiNT OF BEGINNING. SAID PARCEL CONTAINS 2.98 ACRES, MORE OR LESS. l3 AND LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 16 EAST, PJNELLAS COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THE NORTH Y2 OF THE SOUTHWEST ¼ OF SAID SECTION 17, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCiNG AT THE NORTHEAST CORNER OF GARDEN MANOR SECTION TWO ADDITION, AS RECORDED IN PLAT BOOK 75, PAGE 69 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STREET NORTH; THENCE ALONG THE EAST BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH EAST, FEET TO THE SOUTHEAST CORNER OF SAID GARDEN MANOR SECTION TWO ADDITION; THENCE DEPARTING SAID EAST BOUNDARY, AND ALONG THE SOUTH BOUNDARY OF SAID GARDEN MANOR SECTION TWO ADDITION, SOUTH WEST, FEET; THENCE DEPARTING SAID SOUTH BOUNDARY, SOUTH EAST, FEET TO THE POINT OF BEGINNiNG OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH EAST, FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 9 AVENUE NORTH; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, NORTH OS WEST, FEET TO A POiNT ON THE EAST RIGHT OF WAY LINE OF STREET NORTH; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, AND ALONG SAID EAST RIGHT OF WAY LINE, NORTH WEST, FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, SOUTH EAST, FEET TO THE POINT OF BEGINNiNG. SAID PARCEL CONTAINS 2.98 ACRES, MORE OR LESS. TOTAL SAID PARCELS CONTAIN 5.69 ACRES, MORE OR LESS l doc 01/28/10

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