6559-00
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ORDINANCE NO. 6559-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CALLING FOR A SPECIAL ELECTION; SUBMITTING TO THE
CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY
CHARTER TO ADD SUBSECTION 2.01 (d)(8) FOR THE
PURPOSE OF AUTHORIZING THE DEVELOPMENT AND
REDEVELOPMENT OF CERTAIN MUNICIPALLY OWNED REAL
PROPERTY LOCATED IN THE DOWNTOWN, A LEASE OF
CERTAIN PROPERTIES FOR A MAXIMUM LEASE TERM OF
NINETY-NINE YEARS, AND THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS IN THAT AREA WEST OF
OSCEOLA AVENUE BETWEEN DREW STREET AND PIERCE
STREET LYING BELOW THE 28-FOOT MEAN SEA LEVEL
ELEVATION; PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 17, 2000, the City Commission selected the team of
deGuardiola Development Inc., as the Master Developer for Downtown Clearwater
(hereinafter referred to as the Master Developer); and
WHEREAS, as a result of negotiations between the City and the Master Developer,
it has been determined that it is necessary and in the public interest and in furtherance of
the general welfare of the citizens of Clearwater to facilitate downtown redevelopment by
leasing for redevelopment certain City-owned real properties for a term of 99 years; and
WHEREAS, the Clearwater City Charter Section 2.01 (d), Limitations, contains
certain limitations on the legislative power of the City Commission; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5), Real Property, contains
certain restrictions on the Commission's authority to sell, donate or otherwise transfer City-
owned real property; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(i) provides that property
must be declared surplus prior to the sale, lease or donation for a term of longer than five
years; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(ii) provides that property
declared surplus must be sold to the highest bidder above the appraised value; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(v) prohibits the lease of
property which is identified as recreation/open space on the City's Comprehensive Land
Use Plan without prior approval at referendum; and
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Ordinance No, 6559-00
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WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(vi) prohibits vacating of
any right-of-way or easement which provides access to the water's edge for a private
benefit; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(vii) prohibits the lease of
property for an initial term of more than 30 years and a renewal of more than 30 years, and
limits total lease for a period not to exceed 60 years; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(5)(viii) requires recapture
and reverter clause on leases of municipal property; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(6) prohibits the
development or maintenance for other than as open space and public utilities of certain
property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east,
Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south,
and the Memorial Causeway without a referendum; and
WHEREAS, the Clearwater City Charter Section 2.01 (d)(7) regulates property
bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the
south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of
the property for other than City facilities without a referendum;
WHEREAS, the proposed Master Development Plan attached hereto as Exhibit A
has two phases which contain private and public improvements as identified therein; and
WHEREAS, implementation of the projects described or identified in the Master Plan
of Development requires that the City lease to the Master Developer for a term not to
exceed 99 years, certain properties owned by the City of Clearwater depicted in Exhibit B
attached hereto and generally described as follows:
1. The Library Parcel: located at the southwest corner of Drew Street and Osceola
Avenue, having a building footprint of approximately 50,000 square feet, a portion of
which falls below the 28-foot mean sea level elevation, which parcel will include
40,000 square feet of restaurant, retail floor area at the ground level constructed
under a lease with the City by Master Developer, and minimum of 55,000 square
feet of library floor space to be owned by the City and civic space to be owned by
the City and developed by the Master Developer;
2. The Harborview Parcel: the footprint of the existing structure (78,000 square feet
MOL) located at the northwest corner of Cleveland Street and Osceola Avenue, a
portion of which lies below the 28-foot mean sea level elevation, plus an additional
11,000 square foot footprint on Osceola Avenue and an additional 6000 square foot
footprint on Cleveland Street;
3.
The Tavern on the Bluff Parcel: a 7,500 square foot restaurant and associated
outdoor cafe seating and public amenities, such as public bathrooms and similar
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Ordinance No. 6559-00
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conveniences, located between the Library parcel and the Harborview parcel, lying
below the 28-foot mean sea level elevation;
4.
The Fort Harrison Parcel: land owned by the City of Clearwater located in the block
bounded by Fort Harrison Avenue on the east, Drew Street on the north, Cleveland
Street on the south and Osceola Avenue on the west;
5.
The Memorial Causeway Bridge Pier Parcel: the portion of the existing Memorial
Causeway bridge to be redeveloped as a pier with kiosks, a restaurant and marina
at such time when the property comes under the ownership or control of the City;
6.
The Station Square Parking Lot Parcel: the municipally owned parking lot
immediately to the east of Station Square Park on the north side of Cleveland
Street;
7.
The City Hall Parcel: that portion of the existing City Hall and City Hall Parking Lot
located at 112 Osceola Avenue lying above the 28-foot mean sea level elevation;
and
WHEREAS, the City Commission of the City of Clearwater having held a duly
noticed public hearing, hereby finds that the Downtown Master Plan of Development is
necessary in the interest of the public health, safety and welfare of the citizens of the City;
now therefore:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated herein
as findings of the City Commission.
Section 2. In furtherance of the implementation of the projects described or
identified in the Downtown Master Plan of Development proposed by deGuardiola
Development, Inc., it is hereby proposed that Section 2.01 (d) of the City Charter be
amended to add a new Subsection (8) as follows:
(d) Limitations. The legislative power provided herein shall have the following
limitations:
* * * * *
(8) Notwithstandina and as an exception to anythina contained in
section 2.01 (d) herein. the City Commission is authorized to:
(a) lease for redevelopment certain municipally owned real
properties in the Downtown for a term not to exceed 99
years and for less than fair market value.
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Ordinance No. 6559-00
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(b) permit the use. development and maintenance for public
improvements. certain municipallv owned real properties in
the Downtown
all as identified in Ordinance 6559-00 and the Downtown Master
Plan of Development.
Section 3. A referendum election is hereby called and will be held on July 11,
2000, at a special city election for the consideration of the voters of the City of
Clearwater for the proposed question. The question to appear on the referendum ballot
shall be as follows:
Lease. Development and Use of Certain City-owned Real Property in the Downtown
Shall Section 2.01 (d)(8) of the City Charter be adopted to permit the lease
of certain real property in downtown Clearwater for a maximum term of 99
years and the redevelopment of City-owned lands located in the
Downtown as identified in Ordinance 6559-00 and the Downtown Master
Plan of Development?
Yes
For amendment to City Charter
No
Against amendment to City Charter
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the special
election to be held on July 11, 2000.
Section 5. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 23, 2000
issioner
m as to form:
Pamela K. Akin, City Attorney
Attest:
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Ordinance No. 6559-00
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