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LETTER OF INTENT TO PREPARE A MEMORANDUM OF AGREEMENT -" ~ I I PINELLAS PLANNING COUNCIL COUNCIL MEMBERS Mr. Michael Roberto, City Manager City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 Council member Robert A. Kersteen, Chm. Mayor Tom De Cesare, Vice Chm. Councilmember Chuck Williams, Treas. Commissioner Nadine S. Nickeson, Sec. School Board Member Lee Benjamin Mayor Frank DiDonato, D.C. Mayor Robert DiNicola Commissioner Calvin D. Harris Commissioner Ed Hart Vice-Mayor Janet Henderson Vice-Mayor Robert Jackson Vice-Mayor William B. Smith Council member Babe Wright February 3,2000 David P. Healey, AICP Executive Director Re: Letter of Intent to Prepare A Memorandum of A~eementJ JMC Communities Mandalay Proiect on Clearwater Beach Dear Mike: In follow-up to our recent correspondence and meeting, this is to confirm our joint commitment to prepare and execute a Memorandum of Agreement between the City of Clearwater and the Pinellas Planning Council to address the several issues that have been identified with respect to the above- referenced project. The proposed Memorandum of Agreement will address and provide for the specific resolution of the following: 1. Density Conveyed To The City From The JMC Communities Meridian Project On Sand Key - The City will agree to expunge or otherwise hold any development rights conveyed to the City in abeyance, such that these development rights shall not be used or otherwise transferred pending resolution of the issues addressed in the remainder of the agreement. 2. Density Transferred To The JMC Communities Mandalay Project From City Parking Lot - The City 'Ni!! ag~ec to establd. a mutually" acceptable methodology b yvv"h;ch to calculate the proportionate number of dwelling units that may be transferred from the parking lot site in recognition of the fact that it is now used, and is proposed to continue to be used, as a public parking lot; and further that such recalculation will be the basis for such transfer of units. 3. Allocation Of Density Transferred To JMC Communities Mandalay Project From City Parking Lot - The City will agree to establish a Community Redevelopment Plan and District, or a mutually acceptable alternative, to recognize this project site and such adjoining area as is determined appropriate; which plan will utilize the density transfer to the subject site in such manner that no net increase in density has occurred within the area designated as a result of this transfer. 600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 :L / --1/ Cj---OD .... I I Page two February 3, 2000 4. Review Of Countywide Rules Pertaining To Transfer Of Development Rights (TDR's) - The Pinellas Planning Council will agree to review the current provisions of the Countywide Rules dealing with TDR's to address a mutually satisfactory means of applying the TDR provisions in a redevelopment scenario, including consideration of a numerical or percentage factor by which the otherwise applicable maximum permitted density of the plan category could be exceeded. 5. Review And Reconciliation Of City Code With Countywide Rules - The City will agree to reexamine its TDR provisions and make any changes required to assure they are consistent with the Countywide Rules, including any change to the Countywide Rules that may result from their review and revision described above. It is our understanding that the concepts as outlined above would be detailed in a Memorandum of Agreement that would be approved by the City and the Planning Council within sixty (60) days from February 3,2000 and that said Memorandum of Agreement would in turn provide for a specific time frame for each of the considerations identified above. It is our further understanding that the City will take such steps to amend any site plan or development agreement as may be necessary to implement the Memorandum of Agreement. If this expression of intent to enter into a Memorandum of Agreement is acceptable to the City, please have the City Commission approve at your February 3, 2000 meeting and I will recommend the Planning Council approve same at our February 16,2000 meeting; and subject to such approvals have no objection to the process moving forward. Thank you and your staff for your cooperation and responsiveness in finding a mutually acceptable means to resolve this important matter. Sincerely, L- ~ avid P. Healey, Executive Director c: Members, Pinellas Planning Council Jewel Cole, Senior Assistant County Attorney Ed Armstrong, Attorney at Law ... I ,I ~ Page three February 3, 2000 Approved by the City of Clearwater Approved by the Pine lIas Planning Council Brian ~~ Robert A. ersteen, Chairman Michael Roberto, City Manager .~o-o Date ",4~o Date