SUBJECT/RECOMMENDATION:
Title
Request the Pinellas County Legislative Delegation to initiate legislation by Special Act, amending chapter 11050, Laws of Florida (1925) (as amended by 2007-312, and 2010-250, Laws of Florida) to allow certain uses and development of specified city-owned lands in accordance with the Downtown Waterfront Master Plan, titled Imagine Clearwater, removing certain restrictions on the use of said lands and adopt Resolution 17-27.
Body
SUMMARY:
The right-of-way for the causeway spanning downtown Clearwater and Clearwater Beach, known as Memorial Causeway, and certain adjacent submerged lands were granted to the City of Clearwater under Chapter 11050, Laws of Florida (1925), as amended, to be owned and maintained as provided for in the act.
A portion of the submerged lands granted to the city under chapter 11050, Laws of Florida, 1925, now consist of a limited amount of filled uplands, including a portion of the Downtown Waterfront District adjacent to the east of the city's 126-slip downtown boat slip project. The upland, along with the limited adjacent submerged lands upon which the downtown boat slips exist, are bound by certain restrictions as set forth in the 1925 Act (the “Restricted Lands”).
More specifically, chapter 11050, Laws of Florida, 1925 (as amended) contains a restriction on the north 500 feet of said lands against carnivals and shows of any character.
The Downtown Waterfront District property (the “Waterfront” or “Bluff”) is outdated and needs to be redeveloped to promote economic activity. The Clearwater City Council contracted with HR & A Advisors, Inc. to develop a master plan to implement the redevelopment of the Waterfront, which was subsequently issued by HR & A as “Imagine Clearwater”. Imagine Clearwater received significant public support, and the Council directed its implementation by adopting Resolution 17-13 on March 16, 2017.
Imagine Clearwater proposes the development and use of certain portions of the Restricted Lands, requiring as a prerequisite, the elimination of the antiquated restriction against shows and carnivals which binds the Restricted Lands. By adopting Resolution 17-27, the Clearwater City Council supports and requests that the Pinellas County Legislative Delegation initiate a Special Act to be considered by the Florida Legislature in 2018 which will allow for the implementation of Imagine Clearwater and the development of the Waterfront for the enjoyment of all.
Portions of the lands granted to the City of Clearwater under chapter 11050, Laws of Florida, 1925, other than the Restricted Lands shall continue to be used as provided for in chapter 11050, Laws of Florida (1925), and 2007-312, and 2010-250, Laws of Florida.
Further, this proposed legislation does not modify or supersede any provision of the Charter of the City of Clearwater concerning the requirement of a referendum for the use of waterfront property that is owned by the City of Clearwater, including certain restrictions on recreation and open-space land relating to the sale, donation, lease for new use, or other transfer; the restriction that a right-of-way or easement that terminates at, or provides access to the water's edge of fresh or salt water may not be vacated for private benefit; and restrictions that certain public property in the subject area be maintained as open space and for public utilities or city facilities only.