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File #: 100967.    Version: 0 Name: GAINESVILLE LAND REGISTRY OF PROTECTED PUBLIC PLACES (B)
Type: Ordinance Status: Adopted
File created: 6/16/2011 In control: City Attorney
On agenda: Final action: 7/7/2011
Title: GAINESVILLE LAND REGISTRY OF PROTECTED PUBLIC PLACES (B) Ordinance No. 100967 An ordinance of the City of Gainesville, Florida, adding certain specified real properties owned in fee simple by the City of Gainesville to the City of Gainesville Registry of Protected Public Places, as more specifically described in this Ordinance; adopting findings; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 100967_draft ordinance_20110616.pdf, 2. 100967_draft ordinance_20110707.pdf, 3. 100967_MOD_ACQUISITION_PLAN_20110616.pdf, 4. 100967_ordinance_20110707.pdf
title
GAINESVILLE LAND REGISTRY OF PROTECTED PUBLIC PLACES  (B)
 
Ordinance No. 100967
An ordinance of the City of Gainesville, Florida, adding certain specified real properties owned in fee simple by the City of Gainesville to the City of Gainesville Registry of Protected Public Places, as more specifically described in this Ordinance; adopting findings; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
 
recommendation
The City Commission adopt the proposed ordinance.
 
explanation
RECREATION, CULTURAL AFFAIRS AND PUBLIC WORKS COMMITTEE REPORT
 
On December 18, 2008, the City Commission passed and adopted an amendment to Ordinance #080576. On March 24, 2009, the citizens of Gainesville voted in favor of the amendment. This ordinance pertains to the protection of City-owned lands acquired or used for conservation, recreation, or cultural purposes.  The amendment specifically refers to the sale or conversion of City-owned lands used or acquired for conservation, recreation, or cultural purposes and states that a registry will be created for the purpose of identifying fee simple properties owned by the City of Gainesville that are deemed to be worthy of the highest level of protection.  It further states that properties placed on this registry may not be sold or converted to a use that will result in a loss of value for which the property was placed on the registry, except by a majority vote of the electors in a city-wide election.
 
Parks, Recreation and Cultural Affairs (PRCA) staff reviewed all fee-simple City-owned properties purchased for the purpose of conservation and/or passive recreation and identified properties that could be potentially listed on the registry.  Of those properties, eleven were identified for immediate listing based on grant obligations, acquisition or deed restrictions, and/or exemplary natural habitats.  Those eleven properties include 29th Road Nature Park, Alfred A. Ring Park, Bivens Arm Nature Park, Broken Arrow Bluff, Clear Lake Nature Park, Cofrin Nature Park, Forest Park, John Mahon Nature Park, Morningside Nature Center, Split Rock Conservation Area, and Sugarfoot Prairie. Staff supplied the listing plan to other City departments and GRU for review and comments. Based on that, revisions were made and all the City departments and GRU approved the listing as submitted.  
 
In order to fulfill grant obligations as well as prepare for registry listing, PRCA staff completed Conservation land use and zoning applications for some of the aforementioned properties that were not already zoned as such.  In addition, acquisition plans were created for each of the eleven properties in order to specify the purpose for which the property was acquired as well as intended uses of the property.  The Phase I listing document provides legal descriptions, a location map, and acquisition plans as backup for each of the Phase I properties to be listed on the Registry of Protected Public Places.
 
On December 16, 2010 this matter was referred by the Gainesville City Commission to the RCAPW Committee, and on January 31, 2011, staff presented an update to the Committee.  The Committee endorsed the Phase I listing and recommends City Commission approval.    A five-sevenths vote of the membership of the City Commission is required to place properties in the City of Gainesville Registry of Protected Places.
 
CITY ATTORNEY MEMORANDUM
 
At its meeting on March 3, 2011, the City Commission authorized the City Attorney to draft and the Clerk of the Commission to advertise an ordinance placing the recommended 11 Phase 1 properties in the City of Gainesville Registry of Protected Public Places.
      
This ordinance requires two readings.  If approved on first reading, the second and final reading will be July 7, 2011.  
 
 
 



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