SUBJECT/RECOMMENDATION:
Title
Adopt Ordinance 9812-25 on second reading, vacating city right-of-way as requested by the applicant Church of Scientology Flag Service Organization to the Southern platted right-of-way portion of S Garden Avenue as Statute owned in fee-simple by the City of Clearwater as further defined “Less and except the Southern Right-of-Way portion of Garden Avenue abutting Lots 6-11 together with that Portion abutting the vacated 15 foot alley lying between Lots 10 and 11 of Court Square Subdivision” as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, as containing 0.65 acres ±.”
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SUMMARY:
On December 5, 2024, the Church of Scientology Flag Service Organization, as represented by Kimley-Horn, submitted an Application to Vacate platted city-owned ROW. This application was rejected due to the Owner’s unconfirmed signature and Notary deficiencies. On December 14, 2025, said Application was revised and accepted.
The location of this ROW vacation is (S Garden Ave between Franklin St & Court St).
This ROW portion is the last parcel for development by assemblage into an Entry Plaza and Performance Hall.
The vacated area contains .65 acres more or less plus 22 compensable city-paid parking spots.
A multi-departmental internal review was completed on January 13, 2025, to uncover and address concerns.
Said Internal review concerns: Stormwater- concern is a 48-inch gravity-fed pipe that runs the entire length of the vacated area. Utility- concern is 8-inch gravity-fed sanitary pipe with laterals that cross over the vacated area. Parking- by city ordinance, the reimbursement of 22 compensable parking spaces at the value of $114,400.00 Dollars. ROW/Land Ownership- By Statute to have improved this platted ROW, the City has now become the fee-simple owner of this land.
Frontier Communication did make a written Notice of having facilities within this area on 11/18/24. The applicant's representative has stated that an Easement will be executed. Said easement will also be included in the ordinance.
The proposed PSTA Park Street Terminal bus routing will also be adversely affected by the closure of this avenue.
The recorded vacation ordinance will preserve all existing utilities to relocate by permit at the Applicant's sole expense.
After further negotiations, the City has agreed to conditionally sell this improved ROW to the applicant upon the following conditions: 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.
Upon Departmental review with having addressed all concerns city staff has approved this vacation.
At the April 3, 2025 council meeting, Council continued the adoption of Ordinance 9812-25 to May 15, 2025. The competing proposal constitutes an objection, under Clearwater Code of Ordinances Section 25.05(4), to the pending vacation ordinance. The competing proposal has been provided to Council and available via the agenda item.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
High Performing Government: Embrace a culture of innovation that rives continuous improvement
Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization.
