Save the Garden, a Clearwater advocacy group, has submitted 8,000 petitions to the Clearwater Clerk’s Office seeking a city ordinance that would establish new protocols for public right-of-way transfers. The petitions target the Downtown Community Redevelopment Area where the Church of Scientology had previously sought a controversial land deal. Under the city charter, the Clerk now has 20 days to verify the petitions.
The group formed last year after the Church of Scientology sought a right-of-way transfer from the city for a project it had been planning. At issue is a now defunct proposal for the city to sell a portion of South Garden Avenue to the Church of Scientology for $1.375 million with the intent of closing that portion of the street. The church owns adjacent property and wants to build an auditorium and park.
If the petitions are verified successfully, the issue will head first to the City Council for consideration. If the City Council decides not to move forward with the proposed ordinance, the matter would then head to voters to decide. The petition’s proposed ordinance would require voter approval of public right-of-way vacations in the city’s Downtown Community Redevelopment Area, which includes the site the Church of Scientology had sought.
The Church of Scientology sought to shut down that area of the street because leaders say it’s not safe to have vehicle traffic between the two projects. The Church has since withdrawn its petition for the portion of Garden Avenue, but previously indicated it could refile. Voters would be asked to approve such vacations in either a regularly scheduled municipal election or in a special referendum.
The issue has drawn attention from Attorney General James Uthmeier, who twice weighed in on the matter. First, Uthmeier sent a letter to Mayor Bruce Rector warning him that making a decision based on discriminatory reasons - because the petition was from the Church - would violate state law. Uthmeier then sent another letter in response to City Council member David Allbritton’s inquiry into who owns land under the portion of South Garden Avenue at issue.
Uthmeier’s second letter, sent in December, fully sided with the Church, indicating that they own the land. Under the proposed ordinance regarding public land vacations, the transfer request would have to be publicly needed, such as to improve transit or for stormwater management. It would block right-of-way transfers of ownership or that would establish exclusive use by any private or religious entity, language clearly meant to include the Church of Scientology.
The Church of Scientology owns a significant amount of land in downtown Clearwater, many of which remain vacant. The proposed ordinance represents a direct challenge to the church’s expansion plans in the downtown area. The verification process for the 8,000 petitions will determine whether Clearwater voters ultimately decide on new restrictions for public land transfers in the city’s redevelopment zone.