SUBJECT/RECOMMENDATION:
Title
Approve the Right of Way (ROW) Vacation request from the Church of Scientology Flag Service Organization to vacate the southern portion of South Garden Avenue between Court Street and Franklin Street, as owned in fee-simple by the City of Clearwater and recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, and pass Ordinance 9812-25 on first reading.
Body
SUMMARY:
On December 5, 2024, the Church of Scientology Flag Service Organization submitted an application to vacate City ROW, located at South Garden Avenue between Court Street and Franklin Street.
The City is the fee-simple owner of this land by statute since the right of way has been fully improved and maintained for a significant period. The area proposed to be vacated contains .65 acres more or less, including 22 city-paid parking spaces.
A multi-departmental internal review was completed on January 13, 2025. Said Internal review identified the following utilities or interests on the property:
Stormwater- a 48-inch gravity-fed pipe runs the entire length of the vacated area.
Utility- an 8-inch gravity-fed sanitary sewer pipe with laterals crosses over the vacated area.
Parking- there are 22 paid parking spaces.
Planning & Development - Vacation of this ROW is inconsistent with the Clearwater 2045 Comprehensive Plan Mobility Policies M 1.1.14 and M 1.1.15 and the Downtown Redevelopment Plan, Goal 2 which promotes a connected network with mobility choices and Objective 2A which discourages the vacation of streets unless new public streets and alleys are constructed to replace and service the function of the street being vacated; promotes retaining the existing street grid. However, while the vacation of this right-of-way would be inconsistent with certain policies, the purpose of the request would support other policies. The conceptual site plan appears to maintain access across Garden Avenue for pedestrians, although this would be privatized space, and the current design does not necessarily indicate whether anyone could use/traverse. There may be modifications that could be made to the site plan to better meet the Downtown District standards.
Frontier Communication - submitted a written Notice of having facilities within this area on 11/18/24. The Applicant's representative has stated that an Easement in favor of Frontier will be executed. The proposed ordinance reserves utility easements until such time as new easements as necessary are conveyed.
PSTA - the PSTA’s Proposed Multi-Modal Transit Center had contemplated bus routing using the subject ROW as an alternative option. PSTA has been advised that this application is pending.
The Applicant seeks to vacate this ROW portion as part of an assemblage for development of an Entry Plaza and Performance Hall. Should Council approve to vacate the ROW, Council will consider at the Council work session and Council meeting on March 31, 2025, and April 3, 2025, (respectively), the negotiated conditional sale of this improved ROW in the amount of $1,375,000 to be paid by the Applicant to the City as fair market value for the Property.
Conditions include: 1. Said ROW will become a friendly outdoor gathering space thereby increasing City green space; 2. All construction permits shall be obtained before December 31, 2029; 3. The City shall continue to collect all associated Parking revenue until such time a “TCE” is issued; 4. The Applicant is confirmed as the adjoining property owner; 5. The Applicant shall pay to relocate all identified City utilities if necessary; 6. This vacation Ordinance would not take effect until an Approved Deed is executed and recorded in the Public records of Pinellas County in order to ensure that all conditions are met.
Upon Departmental review with having addressed all concerns City staff presents this vacation for Council consideration.
STRATEGIC PRIORITY:
1. High Performing Government: Embrace a culture of innovation that rives continuous improvement
2. Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization.
