9063-17ORDINANCE NO. 9063 -17
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CALLING FOR A SPECIAL ELECTION; SUBMITTING TO THE CITY
ELECTORS A PROPOSED AMENDMENT TO SECTION 2.01(d) 6
OF THE CITY CHARTER TO ALLOW THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS AND THE USE OF THE PROPERTY
FOR OTHER THAN OPEN SPACE IN THAT AREA WEST OF
OSCEOLA AVENUE BETWEEN DREW STREET AND PIERCE
STREET LYING BELOW THE 28 -FOOT MEAN SEA LEVEL
ELEVATION, KNOWN AS THE DOWNTOWN CLEARWATER
WATERFRONT; PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in an effort to further existing initiatives, the City of Clearwater
contracted with the Urban Land Institute (ULI) to evaluate the city's vision and
strategies for the development of the downtown. The Urban Land Institute is the
nation's premier nonprofit urban planning and real estate education and research
institution representing the entire spectrum of land use and development disciplines;
and
WHEREAS, Clearwater's downtown waterfront is a beloved civic asset; and
WHEREAS, the creation of a master plan for the downtown waterfront area was
identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during
their study of Downtown Clearwater in June, 2014; and
WHEREAS, the City issued RFP #04 -16 for consulting services to prepare a master plan
for the Downtown waterfront/bluff area; and
WHEREAS, on April 21, 2016 the Clearwater City Council awarded a contract for
professional services pursuant to RFP #04 -16 to hire HR & A Advisors, Inc. for the Downtown
waterfront master plan(Imagine Clearwater); and
WHEREAS, over the course of six months, the City engaged hundreds of Clearwater
residents, business owners and other stakeholders who shared their broad visions and specific
design and programming ideas for their future waterfront; and
WHEREAS, the City's consultant team conducted over 40 interviews with local
stakeholders, including developers, real estate brokers, small business owners, and Downtown
property owners; and
WHEREAS, the City hosted seven interactive community workshops in various
Clearwater neighborhoods to share progress on Imagine Clearwater and allow members of the
Ordinance No. 9063 -17
community to engage directly with the planning and design team on specific elements of the
plan including: a vision for the waterfront and bluff; the character of various places throughout
the study area; the role of waterfront recreation, parks and open space, and economic
development opportunity within the overall vision; and
WHEREAS, the City convened a group of 18 Clearwater residents active in resident
affairs, the local business community, local institutions and community organizations to play a
supporting role in the City's robust outreach process; and
WHEREAS, materials related to Imagine Clearwater were posted on a dedicated
website and the City's Facebook page; and
WHEREAS, community members were invited to call and email the City to provide direct
verbal feedback and engage with elements of the plan as it was formed; and
WHEREAS, the goal of the plan is to draw residents and visitors to the Downtown
waterfront, catalyze greater Downtown activity and attract investment, and better connect the
waterfront to the rest of Clearwater; and
WHEREAS, four key strategies underpin the recommendation of Imagine Clearwater
the waterfront must be anchored by a dynamic new open space; Coachman Park needs an
active edge; an improved Osceola should complement Cleveland Street; and access to the site
should incorporate all modes; and
WHEREAS, in order to realize the community's vision for Imagine Clearwater, an Action
Plan provides a series of strategic implementation recommendations to serve as a starting point
for the City and its partners to refine and advance; and
WHEREAS, City Council held a special meeting on February 21, 2017 to discuss
Imagine Clearwater, and
WHEREAS, City Council received significant public support for the adoption and
implementation of Imagine Clearwater at the February 21, 2017 special meeting; and
WHEREAS, Clearwater has a once in a lifetime opportunity to develop a transformative
vision for its downtown waterfront; and
WHEREAS, City Council unanimously voted to adopt Imagine Clearwater by Resolution
17 -13; and
WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations, contains
certain limitations on the legislative power of the City Council; 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
2 Ordinance No. 9063 -17
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; and
WHEREAS, the City Council of the City of Clearwater having held a duly noticed
public hearing, hereby finds that it is necessary in the interest of the public health,
safety and welfare of the citizens of the City amend the Charter to provide for the
implementation of Imagine Clearwater; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated
herein as findings of the City Council.
Section 2. In furtherance of the implementation of Imagine Clearwater as
adopted by Resolution 17 -13 -it is hereby proposed that Section 2.01(d)(6) of the City
Charter be amended as follows:
(d) Limitations. The legislative power provided herein shall have the
following limitations:
(6)
No municipal or other public real property Tying 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 1,200- 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.
For the purpose of this section "open space" shall include plazas, sidewalks,
boardwalks, elevated walkways, paths, trails, roadways, stairs, benches,
tables, water fountains, litter receptacles, lighting, wayfinding and similar
amenities and surface parking. Except As an exception to the open space
limitation contained herein, the following uses and facilities are allowed to be
3 Ordinance No. 9063 -17
constructed and maintained on that portion of the City owned property lying
west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce
Streets,:that a city owned bandshell and associated facilities including
removable seatingi, may be constructed and maintained. iCity -owned tennis
courts and associated appurtenances; playground, splash pad, water
features, artwork and similar amenties, may be constructed and maintainedi
public restrooms and park storage. Additionally, licensing of events, temporary
booths for vending, and mobile concessions may be permitted.
Notwithstanding any provision of this section to the contrary, city owned public
docks, promenade, side tie moorings and not more than 140 dedicated boat
slips for recreational non - commercial vessels, together with public restrooms
and dock master offices which shall not exceed 1,200 square feet and
associated surface parking, may be constructed, operated and maintained in
and on that portion of Clearwater Harbor and abutting uplands generally
located south of Drew Street, north of Smith's Finger, east of the Intracoastal
Waterway Channel and west of the Bluff as more particularly described in
Appendix B. Potable water, shore power, sewage pump out and restroom
facilities may be provided to and located on the slips, docks and moorings.
The dockmaster's office may include coin- operated washers and dryers and
sale of ice. The parking for the facility, which may be designated for use by
slip tenants, shall be existing surface parking which shall be brought up to
code and shall not result in any net loss of green space. City may permit
ferries, water taxis, excursion boats and similar uses to access the docks for
drop off and pick up of passengers, booths for ticket sales, and directional
signage. The promenade shall be constructed on a portion of the footprint of
the prior bridge. City council shall adopt by resolution regulations that provide
city residents first priority for the dedicated boat slips and which ensure public
access to the docks, boardwalks and promenade, however nothing herein
shall prohibit fencing and gates for security. Concessions for rental of non -
motorized recreational equipment, including but not limited to canoes, kayaks,
paddleboards, and paddleboats may be permitted and a restroom and
boathouse structure not to exceed 2,000 square feet for storage of said
equipment may be permitted. Except for a ramp for launching of non -
motorized recreational equipment, including but not limited to canoes, kayaks,
paddleboards, and paddleboats, no boat launching ramps, fueling facilities or
parking garage shall be permitted.
Section 3. A referendum election is hereby called and will be held on
November 7, 2017, at a special city election f o r 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:
Improvements to and use of Downtown Clearwater
Waterfront
4 Ordinance No. 9063 -17
Shall City Charter Section 2.01(d)(6) be amended as
provided in Ordinance 9063 -17 to allow construction and
maintenance of certain improvements including playgrounds,
water features, artwork, a boathouse, Marina office,
restrooms, surface parking, roadways, plazas, sidewalks,
trails, elevated walkways, boardwalks, benches, picnic
tables, water fountains, litter receptacles and similar
amenities, to support active and passive uses of the city
owned Downtown Waterfront, generally bounded by Pierce
St., Drew St., the Bluff and the water.
Yes
No
For amendment to City Charter
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 November 7, 2017.
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 JUL 2 0 2011
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
IL pc.
Pamela K. Akin
City Attorney
5
AUG 0 3 2017
ct0or((f1cry lo;
George N. Cretekos
Mayor
Attest:
LLB i�2rc,Z u. o
Rosemarie CaII
City Clerk
Ordinance No. 9063 -17