9597-22ORDINANCE NO. 9597-22
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CALLING FOR AN ELECTION TO BE HELD ON NOVEMBER 8, 2022;
SUBMITTING TO THE CITY ELECTORS A PROPOSED
AMENDMENT TO THE CITY CHARTER TO ALLOW THE CITY TO
NEGOTIATE THE REDEVELOPMENT AND SALE OF CERTAIN
UNOCCUPIED DOWNTOWN PROPERTY IN THE DOWNTOWN
CORE FOR THE PURPOSE OF CREATING A VIBRANT, MIXED USE
DEVELOPMENT CONSISTING OF APARTMENTS, HOTEL, AND
COMMERCIAL SPACE INCLUDING RESTAURANT DINING,
CAFES, AND EVENT SPACE ACTIVATING THE AREA ADJACENT
TO COACHMAN PARK.
WHEREAS, Clearwater's former City Hall, which is located on a portion of 112 S.
Osceola Avenue, has remained a vacant structure since January 2019; and
WHEREAS, a new City Hall is planned for construction near the intersection of S.
Myrtle Avenue and Pierce Street; and
WHEREAS, the unoccupied property contributes no taxable value to the City, nor
does it provide housing, jobs, or amenities for Clearwater residents; and
WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine
Clearwater plan for Coachman Park, which identified potential complementary
redevelopment of certain downtown core properties adjacent to Coachman Park and the
intention is to create activation between Imagine Clearwater, the identified properties, and
the downtown core; and
WHEREAS, the site of the former Harborview Center, which was located at 320
Cleveland Street, is a vacant property as defined by the Pinellas County Property
Appraiser; and
WHEREAS, the property on which the former Harborview Center was located is
being re -addressed to 50 N. Osceola Ave.; and
WHEREAS, the former Harborview Center also contributes neither taxable value
nor housing, jobs, or amenities for Clearwater residents; and
WHEREAS, the Clearwater City Council would like to stimulate downtown
redevelopment for the benefit of all Clearwater residents; and
WHEREAS, Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC
are willing and financially able to purchase both properties for the purpose of creating
apartments and amenities at the unoccupied City Hall site, and a full-service hotel, retail,
dining, and event space at the site of the former Harborview Center; and
Ordinance No. 9597-22
WHEREAS, the City Council on June 16, 2022, unanimously selected Gotham
Property Acquisitions, LLC and The DeNunzio Group, LLC, as the City's development
partners following a competitive process under the Community Redevelopment Act; and
WHEREAS, the City Council has determined that Gotham Property Acquisitions,
LLC and The DeNunzio Group, LLC are committed to the long-term success of this project
and downtown Clearwater; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property,
contains certain restrictions on the Council's authority to sell or transfer City owned real
property; and
WHEREAS, those restrictions require the City to publicly auction the property to
the highest bidder who meets the terms established by Council; and
WHEREAS, the Clearwater City Council would like to ensure that the buyer of
the unoccupied City Hall site and vacant site of the former Harborview Center develops
the property in a way that provides long-term housing, jobs, and amenities for
Clearwater residents; 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; now therefore
BE IT ORDAINED BY THE CITY COUNCIL O F 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 the project described in both
the prefatory clauses and Section 3 of this ordinance, it is hereby proposed that
Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as
follows:
Section 2.01 Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
Notwithstanding and as an exception to anything contained in
section 2.01 herein, the City Council is authorized to:
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(a) Negotiate, enter into purchase and development agreements with Gotham
Property Acquisitions, LLC, The DeNunzio Group, LLC, or their affiliated entities for the
purpose of redeveloping two properties in the downtown core, and convey said properties
being more particularly described as follows:
i. A portion of parcel identification number 16-29-15-20358-001-0040, known
as the "Old City Hall Parcel," not to exceed 2.7 acres in size.
ii. A portion of parcel identification number 16-29-15-57996-000-0030, known
as the "Former Harborview Site," not to exceed 1.5 acres in size.
(b) The agreements described in subparagraph (a) must include, at a minimum,
the following enforceable provisions:
i. As to the Former Harborview Site, retail and dining amenities that remain
accessible to Clearwater residents and visitors.
ii. As to the Old City Hall Parcel, apartments that remain available for rent
to the general public.
iii. As to both sites, thoughtful and measurable sustainability provisions for
environmental stewardship.
iv. As to both sites, project timelines that offer reasonable assurance of
timely completion.
v. As to both sites, a long-term prohibition against any development of self -
storage facilities and Tight assembly, even if such uses would otherwise
be permissible within the downtown core.
vi. A development agreement with an initial term of thirty (30) years.
vii. A provision in the development agreement requiring the development
agreement to be subject to the provisions in this charter.
Section 3. A City election is hereby called and will be held on November 8, 2022,
for the consideration b y the voters of the City of Clearwater of the proposed
Charter Amendment. The question to appear on the referendum ballot shall be as
follows:
Redevelopment of two government-owned properties
located west of Osceola Avenue in the downtown core
Shall the Clearwater City Charter be amended to allow the City, instead of
selling the vacant City Hall and a portion of the former Harborview sites to
the highest bidder at a public auction, to sell the properties to Gotham
Property Acquisitions and The DeNunzio Group; who will create
approximately 600 apartments and 158 -key hotel, retail, entertainment,
restaurants and cultural uses available to all Clearwater residents, as
further described and limited by City Ordinance 9597-22?
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Yes
No
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered in
conjunction with the general election to be held on November8, 2022.
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
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
JUL 2 4 2022
AUG 0 4 2022
Frank Hibbard
Mayor
Attest:
David Margolis
City Attorney
Rosemarie Call
City Clerk
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