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STREET VACATION (B)
Ordinance No. 0-04-21, Petition 127SVA-03PB
An ordinance of the City of Gainesville, Florida, to vacate, abandon and close a certain portion of the right-of-way known as S.W. 7th Terrace located south of S.W. 5th Avenue, adjacent to and east of tax parcel no. 13432-000-000 and starting at a point on the south right-of-way line of S.W. 5th Avenue, extending south to the southeast corner of tax parcel no. 13432-000-000; reserving a public utilities easement; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT STAFF REPORT
The City of Gainesville needed to acquire properties to add to the lands it currently owned in order to construct the 5th Avenue stormwater basin. The basin would be constructed in the area west of Southwest 6th Street and located south of Southwest 5th Avenue and between Southwest 7th Terrace and Southwest 6th Street (see attached map). The City owned all properties in the area except for three parcels. Tax Parcel 13434 was owned and occupied by a church, Compassionate Outreach Ministries (located south of Southwest 5th Avenue and bordered on the west by Southwest 7th Terrace). The church also owned Tax Parcel 13408 and used the property as parking for the church patrons (located south of and bordered by Southwest 5th Avenue and east of Southwest 7th Terrace. The third property, Tax Parcel 13431, was owned by James M. Gill (located south on Southwest 5th Avenue and west of the church property). This property was not the homestead of Mr. Gill. Southwest 7th Terrace bisected the city owned property and that owned by the church. The street was paved from Southwest 5th Avenue to the southerly border of the church's property (Tax Parcel 13432) and served only as access to the church's parking lot.
The Public Works Department negotiated with the church and Mr. Gill reached mutual agreements. The City purchased Tax Parcel 13431 from Mr. Gill, demolished an existing house, and constructed an asphalt parking lot on this property, and conveyed that property to the church. The City also agreed to repair the church's existing parking lot located south of the church building. In exchange, the church agreed to convey Tax Parcel 13408 to the City. Since Southwest 7th Terrace is only used to serve as access to the church's parking lot, the City also agreed to vacating the public interest in Southwest 7th Terrace from a point south of Southwest 5th Avenue to the southeastern corner of Tax Parcel 13432, retaining an overall utility easement. This matter was presented to and approved by the City Commission on April 14, 2003 (File No. 021059).
The Plan Board heard the petition and recommended that the City Commission approve this petition.
Public notice was published in the Gainesville Sun on December 30, 2003. Letters were mailed to surrounding property owners December 31, 2003. The Plan Board held a public hearing January 15, 2004. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 127SVA-03 PB. Plan Board vote 6-0.
CITY ATTORNEY MEMORANDUM
The petition and ordinance are simultaneously submitted to the City Commission for approval and adoption because city staff and the plan board both recommend approval.