8347-12ORDINANCE NO. 8347-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SITTING OR LYING DOWN
UPON THE PUBLICLY OWNED RIGHT-OF-WAYS,
SIDEWALKS, PIERS, DOCKS, BOARDWALKS, INCLUDING
PUBLIC-ACCESS BOARDWALKS, AND THE ENTRYWAYS
TO OR EXITWAYS FROM PUBLICLY OWNED BUILDINGS
LOCATED IN THE "CLEARWATER DOWNTOWN CORE
REDEVELOPMENT ZONE," THE "GATEWAY CORRIDOR,"
AND THE "CLEARWATER BEACH CORE TOURIST ZONE";
CREATING SECTION 21.20, CLEARWATER CODE OF
ORDINANCES; PROVIDING FOR DEFINITIONS,
PROHIBITIONS, AND EXCEPTIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater's 107,000 plus residents enjoy a vibrant
economy resulting from a huge influx of 5.2 million annual tourists to Pinellas County
with Clearwater Beach alone attracting over 800,000 tourists annually in addition to the
approximate 600,000 residents in the region who annually visit the beach;
WHEREAS, the improvement of the downtown, the East Gateway District, and
Clearwater Beach has been a high priority in the City's plan to expand the economic
base of the City by attracting new investment and patrons to the area;
WHEREAS, Clearwater Beach has an economic impact of over $1 billion and is
projected to increase its impact as redevelopment on the beach continues to occur;
WHEREAS, the downtown is also projected to attract additional tourists and
visitors as redevelopment continues;
WHEREAS, the East Gateway District is one of the designated redevelopment
areas of the City of Clearwater and it is at a transformative point to change the trajectory
of the economy and improve the quality of life for current and future residents and
businesses;
WHEREAS, the emergence of the City's downtown, the East Gateway District,
and beachfront as quality redevelopment areas is due in no small part to the following
projects and expenditures by the City of Clearwater:
• Cleveland Street Streetscape Phases I and II - Cost: $12 Million
As the city's traditional downtown "Main Street," it was important that Cleveland Street
offer a pedestrian-friendly environment that attracts residential and destination
development, especially restaurant and retail activity. Infrastructure improvements have
included: new utility work, lighting, landscaping, site furnishings, amenities and medians
Ordinance No. 8347-12
with opportunity for public art. The project is a central element in the City's downtown
revitalization strategy.
• Station Square Park — Cost $1.2 million
The City/Clearwater Community Redevelopment Agency (CRA) developed a master
streetscape and wayfinding program for downtown that included the revitalization of
Station Square Park, using $490,143.47 from Penny for Pinellas and $29,476.44 from
Stormwater Utility. The remainder of the funds was budgeted in the CRA's CIP budget
from FY06-07 and FY07-08 funds. The project was completed in 2009.
• Main Public Library - Cost: $20.2 million
Clearwater is home to one of the most spectacular and impressive public library
facilities in North America. The 90,000 square foot library is located on the downtown
waterFront and opened in the spring of 2004. In addition to distinctive architecture, the
library features a local history center, meeting rooms, rooftop terrace and galleries.
• Myrtle Avenue Reconstruction - Cost: $16.13 million
Construction was completed in 2006 on Myrtle Avenue between Lakeview and
Fairmont. Infrastructure maintenance, including an improved roadway drainage system,
installation of new water mains, hydrants, gas mains and sewer pipes, were among the
upgrades.
• Purchase of Former Economy Inn Motel on Cleveland Street and Surrounding
Parcels — Cost: $1.9 million
The CRA acquired the 2.2-acre site in December 2010. Once demolition was completed
in 2011, the site was sodded and fenced. This is a key redevelopment property for the
C RA.
• Purchase of Former Car Pro Property on Cleveland Street - Cost: $800K
The site was acquired and demolished in 2010 for $325,000. Remediation costs are
estimated to be $325,440 and they are funded through the Brownfield's Cleanup
Revolving Loan Fund (BCRLF). In 2012, the city acquired 14 S. Evergreen St., a 6,300
square foot property adjacent to the Car Pro, for $145,000.
• Gulf to Bay Blvd. and Highland Avenue Intersection Improvements Project —
Cost: $660K
The main goals of this project are to create an inviting entryway leading to the
downtown and address the lack of pedestrian walkways in this intersection.
Improvements are projected to be approximately $375,000. The mast arm portion of
2 Ordinance No. 8347-12
the project is projected to cost $288,163. The project is scheduled for completion in July
2012.
• Construction of Sidewalks in the East Gateway District — Cost: $224K
Constructing new sidewalks is one strategy aimed at making the East Gateway District
a safer and more pedestrian-friendly community. CRA staff coordinated with the
Engineering Department for the construction of several sidewalk projects using federal
CDBG-R dedicated funding as well as funding from the Annual Sidewalk Program.
• Downtown Boat Slips Project - Cost: $13.3 million
The project consisting of 126 boat slips with related amenities was completed in 2010.
There is side tie dock space for long or short-term rentals, and additional spaces for
events and shuttle-ferry operations. Total costs included: Bayfront Promenade $1.32M;
Upland Connection (seawall cap, sidewalks, landscaping, property upgrades and ADA
improvements) $940K; and Boat Slips $11.13M.
• Mandalay Streetscape Improvements - Cost: $3.4 million
This major streetscape improvement project along the primary North Beach arterial was
completed in February 2003.
• Beach Walk - Cost: $30 million
This was a project along Clearwater's prized waterfront that was completed in 2008.
Beach Walk is designed to revitalize the community that surrounds Clearwater's popular
south beach destination. Part of the city's "Beach by Design" plan, it has already played
a vital role in attracting new hotel development to the beach;
WHEREAS, the City's downtown has attracted the following private investment:
National chain franchises, such as Starbuck's Coffee and Dunkin Donuts/Baskin
Robbins, as well as several independent stores/operations, such as Caliyogurt,
Eye Shop Optical Boutique, Casanova Italian Restaurant and Lounge, Bob and
Daughter Produce, Anytime Fitness, and Clearwater Marine Aquarium's Winter's
Dolphin Tale Adventure.
• Capitol Theatre Acquisition - In 2008, the City of Clearwater acquired the Capitol
Theatre for $2.4M as a public service performing arts center and joined forces
with Ruth Eckerd Hall, Inc., a Florida non-profit corporation, to occupy, renovate,
and revitalize the historic theatre. The total project cost estimate is $14.2M.
• Water's Edge Condominiums — Water's Edge has 157 luxury condominium units
and 10,000 square feet of retail space. The project was completed in 2008.
Ordinance No. 8347-12
• Station Square Residences - The project is a 15-story building with 126
residential condominium units, and 10,000 square feet of ground floor retail
including a major restaurant space. In addition, there are 100 public parking
spaces within a structured garage. The project was completed in 2008.
• Marriott Residence Inn - 7-story, 115-room select service hotel in downtown
Clearwater opened in 2008.
• Tampa Bay Times Building - In 2012, the city purchased this downtown
Clearwater property for the sum of $2.2M. The property presented an opportunity
for the city to acquire a strategically-located parcel considered for a number of
years as well suited for transit and/or governmental uses.
WHEREAS, examples of some of the private investment in the East Gateway
District include the following:
• Several independent shops/stores, such as Greektown Grille (over $1.6 million),
Ultimate Medical Academy ($1.21 million), and Achieva Credit Union (over
$300,000).
• East Gateway Fa�ade and Improvement Lot Program - The program's primary
goal is to stimulate further investment in the District by transforming the look and
feel of commercial corridors. Three projects have been completed, with over
$800,000 of private investment: 1390 Gulf to Bay (former La Feria de la Nieve),
1454 Gulf to Bay (former Kyle's Clock Shop), 1225 Cleveland Street (Nature's
Food Patch).
WHEREAS, the City's beachfront has recently attracted the following private
investment:
• Aqualea Resort & Residences - 250 hotel/resort units; 18 permanent residential
condominiums. Hyatt manages the hotel portion. Construction is valued at $77
million.
• Holiday Inn Hotel & Suites — 189 renovated hotel rooms and suites.
• Hilton Clearwater Beach — 416 renovated hotel rooms.
• Kiran Grand Resort & Spa - Proposed project consisting of 350 hotel units and
75 permanent residences (also known as the Patel project).
• Sandpearl Resort - 253-room resort, 50 resort suites and 117 condominium
homes (on the former site of the Clearwater Beach Hotel) opened in August
2007. Construction is valued at $48.5 million.
• SurF Style Parking Garage — Construction valued at $10.7 million. Project was
completed in 2011.
4 Ordinance No. 8347-12
• Pier 60 Hotel — 85 hotels units. Construction is valued at $8 million. Project was
completed in 2012.
• Wyndham Garden Clearwater Beach Hotel — 110 units. Construction is valued at
$1.6 million. Project was completed in 2012.
WHEREAS, the City of Clearwater also spends annually around $602,000 on
special events, with $453,000 allocated to downtown events (including funding from the
Downtown Development Board), $5,000 allocated to the East Gateway District, and
$144,000 allocated to Beach events;
WHEREAS, the right-of-way, including the sidewalk, located between the edge of
the pavement of a roadway and the adjacent property line of privately and publicly
owned properties located in the "Clearwater powntown Core Redevelopment Zone," the
"Gateway Corridor," the "Clearwater Beach Core Tourist Zone," as well as the publicly
owned piers, docks, and boardwalks, including public-access boardwalks, and the
entryways to and exifinrays from publicly owned buildings located within those areas, are
created and maintained for the primary purposes of enabling the public to safely and
efficiently move about from place to place, thus facilitating deliveries of goods and
services, and providing the public with convenient access to goods and services; and
WHEREAS, the right-of-way, including the sidewalk, located befinreen the edge of
the pavement of a roadway and the adjacent property line of privately and publicly
owned properties located in the "Clearwater powntown Core Redevelopment Zone," the
"Gateway Corridor," and the "Clearwater Beach Core Tourist Zone," as well as the
publicly owned piers, docks, and boardwalks, including public-access boardwalks, and
the entryways to and exitways from publicly owned buildings located within those areas,
are prone to congestion and should be kept available to serve their primary purposes;
and
WHEREAS, evidence from other cities such as Phoenix, Arizona in Seeley v.
State of Arizona, 655 P. 2d 803, 807 (Ariz. Ct. App. 1982), and Seattle, Washington, in
Roulette v. City of Seattle, 97 F. 3d 300, 306 (9th Cir. 1996) and City of Seattle v.
McConahy, 937 P. 2d 1133, 1138-39 (Wash. Ct. App. 1997), shows that sitting or lying
upon the public right-of-ways threatens public safety and interferes with the primary
purpose of enabling the public to safely and efficiently move about from place to place,
thus deterring members of the public from frequenting a business district and
undermining the essential economic viability of those areas — all of which can lead to a
spiral of deterioration and blight; and
WHEREAS, there exist numerous locations within or in close proximity to the
"Clearwater powntown Core Redevelopment Zone," the "Gateway Corridor," and the
"Clearwater Beach Core Tourist Zone" where individuals can sit or lie down, including
public benches, public parks, and public beaches; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Ordinance No. 8347-12
Section 1. Seetion 21.20, Clearwater Code of Ordinances, is hereby created as follows:
Sec. 21.20. Sittina or Ivinq down upon the aubliclv owned riqht-of-wavs
sidewalks, piers, docks, boardwalks includinq public-access boardwalks and the
entrvwavs to or exitwavs from aubliclv owned buildinas located in the Clearwater
Downtown Core Redevelopment Zone, the Gatewav Corridor and the Clearwater
Beach Core Tourist Zone; exceations.
(1) Definitions.
(a) Clearwater powntown Core Redevelopment Zone means any of the following
areas, which qenerallv are shown on Diagram 1: The area bounded on the east by
Myrtle Avenue, on the west bv the waters of Clearwater Harbor on the north by Drew
Street westward until it terminates at Clearwater Harbor and on the south by Pierce
Street westward until it terminates at the beqinning of the Memorial Causeway Bridge
excludinq Coachman Park. Station Square Park, Memorial Parks I& 2 and the Bayfront
Tennis Complex.
Add the followinq qraphic.
Ordinance No. 8347-12
(b) Gateway Corridor means the east to west route to the downtown of the Cityj
which qenerally is shown on Diagram 2, beginninq at Gulf to BaY Boulevard and
Highland Avenue and extendina west on Gulf to Bay Boulevard to Cleveland Street and
then from Cleveland Street to Myrtle Avenue.
Add the followinq qraphic.
Ordinance No. 8347-12
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Legend
Gateway Corridor
Lc) Clearwater Beach Core Tourist Zone means any of the following areas, which
enerally are shown on Diaqram 3: The area bounded on the north by Avalon Street; on
the west by the sandy beach abutting the Gulf of Mexico; on the south by the waters of
Clearwater Pass; and on the east beqinninq at Gulf Boulevard on the northern end of
the Sand Key Bridge until Gulf Boulevard intersects with South Gulfview Boulevard,
then northerly along South Gulfview Boulevard to the intersection of Hamden Drive,
then northerly along Hamden Drive until the intersection of Coronado Drive, then
northerly along Coronado Drive to and including the Clearwater Marina and Causeway
Boulevard, then northerly along the seawall boarding Clearwater Harbor to the
intersection of Baymont Street, then westerly along Baymont Street until the intersection
of Mandalay Avenue, and then northerly alonq Mandalay Avenue to the intersection of
Avalon Street, excludin,g Pier 60 Park and Mandalay Park.
Add the followinq qraphic.
8 Ordinance No. 8347-12
Clearwater Beach
Tourist Zone
9 Ordinance No. 8347-12
(2) No person shall sit or lie down upon the riqht-of-way, includinq the sidewalk.
located between the curbline or the edge of the pavement of a roadway and the
adjacent property line of privately or publicly owned properties, upon publiclv owned
piers, boardwalks, and docks, or upon any public-access boardwalk within the
Clearwater powntown Core Redevelopment Zone, the Gateway Corridor, and the
Clearwater Beach Core Tourist Zone, or upon a blanket, sleeping bag, chair, stool, or
any other object not permanently affixed upon such areas, between the hours of 7:00
a.m. and 10:00 p.m.
(3) No person shall sit or lie down upon the entrvways to or exifinrays from a publicly
owned buildinq within the Clearwater powntown Core Redevelopment Zone, the
Gateway Corridor, and the Clearwater Beach Core Tourist Zone when the buildiny is
opened to the general public.
(4) The prohibitions contained in this section shall not apply to any person:
(a) Sittinq or lyinq down in a park or public beach as defined in Section 22.21;
(b) Sittinq or lying down due to a medical emeraencv;
�c) Utilizina an obLct suqplied by the City, or other public agency in the manner it
was intended, such as sitting on a chair or bench;
(d) Sitting or lyinq down in or on a wheelchair a baby carriage or any other object or
vehicle in order to move about;
(e) Participatinq in or viewing anv activity such as a parade festival, performance,
rally demonstration meetinq or other event, pursuant to any permit or license issued
bv the Citv;
(fl Sittinq down while patronizing a sidewalk cafe; or
(q) Sittinq or lying down when it is an integral part of a protest accompanied bv
incidents of speech such as siqns or literature explaininq the protest.
�5) Nothinq in the exceptions enumerated in subsection (4) of this section shall be
construed to authorize any conduct that is otherwise prohibited bv statutes or local
ordinances.
�6) No person shall be charqed under this section for the first violation unless the
10 Ordinance No. 8347-12
person continues to engage in conduct prohibited by this section after having been:
1a) Notified by a law enforcement officer that the conduct violates this section• and
1b) Provided an opportunity to relocate to an area where sitting or lying down would
be lawful.
(7) It shall be a violation of this section for any person who has previously violated
this section and has received notification pursuant to subsection (6) of this section to
commit a second or subsequent violation within the same area listed in subsection (1) of
this section as the first violation.
Section 2. This ordin�nce shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Robert J urette
Assistant City Attorney
July 19, 2012
Auaust 2, 2012
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George N. Cretekos
Mayor
Attest:
,� (l�l.�.Yti CL� �.
Rosemarie Call
City Clerk
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11 Ordinance No. 8347-12