7777-07
ORDINANCE NO. 7777-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
A PROPOSED AMENDMENT TO THE CITY
CHARTER AMENDING SECTION 2.01 (d)(6), TO
PERMIT CONSTRUCTION OPERATION, AND
MAINTENANCE OF CITY OWNED BOAT SLIPS,
DOCKS, MOORINGS, AND PROMENADE,
TOGETHER WITH RESTROOMS AND
DOCKMASTER OFFICES AND ASSOCIATED
SURFACE PARKING, ON CERTAIN CITY OWNED
PROPERTY ON THE DOWNTOWN WATERFRONT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has experienced a loss of
wetslips and high and dry boat storage due to private redevelopment; and
WHEREAS, the Pinellas County Boating Access Task Force
documented a loss of 341 wetslips and 960 drystack racks in Pinellas
County from 1996 to 2005; and
WHEREAS, the City of Clearwater Marina waiting list has been
capped and demand for boat slips continues to grow; and
WHEREAS, the Downtown Plan contemplates and encourages
boat slips, docks and promenades on the waterfront, and provision for
such facilities is consistent with said Plan as well as the City of
Clearwater's Comprehensive Plan; and
Whereas, during the City Council visioning process which included
eight hearings in various areas of the City, many citizens reinforced the
vision of Clearwater as a waterfront community and expressed a desire to
have boat slips on the downtown waterfront; now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.01 (d) of the City Charter
be amended as follows:
Section 2.01. Commission; composition; powers.
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(d) Limitations. The legislative power provided herein shall have the following
Ordinance No. 7777-07
limitations:
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(6) No municipal or other public real property lying west of Osceola Avenue,
east of Clearwater Harbor between Drew and Chestnut Streets, being further
described in Appendix A and no municipal or other public real property
constituting the Memorial Causeway or lands immediately contiguous thereto,
more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-of-way, lying
between the east abutment of the west bridge and the east line of Clearwater
Harbor, and the submerged portions of Board of Trustees of the Internal
Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and public utilities
together with associated appurtenances, except upon a finding by the council at
a duly advertised public hearing that such development is necessary in the
interest of the public health, safety and welfare of the citizens of the city and
approval of such finding at referendum, conducted subsequent to the public
hearing. City-owned tennis courts and associated appurtenances may be
constructed and maintained on such property south of Cleveland Street.
NotwithstandinQ any provision of this section to the contrary. City owned
public docks. promenade. side tie moorinQs and not more than 140 dedicated
boat slips for recreational non-commercial vessels. tOQether with public
restrooms and dock master offices which shall not exceed 1200 square feet and
associated surface parkinQ. may be constructed. operated and maintained in and
on that portion of Clearwater Harbor and abuttinQ uplands Qenerally located
south of Drew Street. north of Smith's FinQer. east of the Intracoastal Waterway
Channel and west of the Bluff as more particularly described in Appendix B.
Potable water. shore power and sewaQe pump out may be provided to the slips.
docks and moorinas. The dockmaster's office mav include coin-operated
washers and dryers and sale of ice. The parkinQ for the facility shall be existinQ
surface parkinQ which shall be brouQht up to code and shall not result in any net
loss of Qreen space. City may permit ferries. water taxis. excursion boats and
similar uses to access the docks for drop off and pick UP of passenQers only. The
promenade shall be constructed on a portion of the footprint of the prior bridQe.
City Council shall adopt by resolution reQulations that provide city residents first
priority for the dedicated boat slips and which insure public access to the docks.
boardwalks and promenade. No boat launchinQ ramps. fuelinQ facilities. ticket
booths or parkinQ QaraQe shall be permitted.
Section 2. A referendum election is hereby called and will be held on
March 13,2007, at the regular city election for the consideration of the voters of
Ordinance No. 7777-07
the City of Clearwater of the proposed charter amendments. The question to
appear on the referendum ballot reflecting the proposed amendment to the
charter at the special municipal election scheduled for November 7, 2006, shall
be as follows:
CITY-OWNED PUBLIC FACILITIES
WATERFRONT
DOWNTOWN
Shall Clearwater Charter Section 2.01 (d)(6) be amended as
provided in Ordinance 7777-07 to allow, on the property
generally bounded by Drew Street, Pierce Street, the
Intracoastal Waterway Channel and the Bluff, the following:
city-owned publicly accessible docks, moorings and promenade;
not more than 140 dedicated boat slips for which Clearwater
residents shall have first priority; public restrooms and
dockmaster's office not to exceed 1200 square feet; bringing
existing surface parking up to city code?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County
Supervisor of Elections that the referendum item provided above shall be
considered at the election to be held on March 13, 2007.
Section 4. 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
AS AMENDED
December 14, 2006
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 18, 2007
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EJ;9nk V. Hibbard, Mayor
Approved as to form:
Attest:
Ordinance No. 7777-07