OFFICE OF CITY COUNCIL COUNCIL AGENDA OF NOVEMBER 10, 2008
AMENDMENTS and SUBSTITUTES
Compiled by: Research Division
07-1350	Amendment	Per the Office of General Counsel, the Amendment denies the Appeal and upholds the Historic Preservation Commission’s Final Order denying the request for vinyl siding on property at 1609 King Street in the Riverside/Avondale Historic District.
08-567	Amendment	Per the Office of General Counsel, the Amendment incorporates a revised PUD Written Description dated September 26, 2008, and a revised PUD Site Plan dated September 26, 2008, and adds the following condition to the PUD: development shall proceed in accordance with the Development Services transportation memorandum dated October 7, 2008, or as otherwise approved by the Planning and Development Department.
08-656	Amendment	Provides for a Revised Exhibit 1 (revised Fire Study Report and related documentation).
08-721	Amendment	Appropriates $2,267,430 rather than $2,489,430; removes $300,000 appropriation from Tree Mitigation and Related Expenses-Charter for a countywide park canopy study; increases appropriation for landscaping in Dellwood Avenue Neighborhoods from $147,665 to $225,665; provides for an amended BT to correct amounts; provides CIP sheets individually identifying each project rather than including all under 1 CIP project; includes requirement that the Dept. of Public Works report to the Finance Committee, with a copy to the Council Auditor’s Office, on the location and expenditure of certain funds for the Countywide Tree Program - Right-of-Way; attaches a required tree report.
08-724	Amendment	Provides for a Revised Exhibit 2 (CIP documentation).
08-833	Amendment	Per the Office of General Counsel, the Amendment incorporates technical corrections to the proposed Mayport Road Zoning Overlay as follows: the Perimeter Landscape Buffers shall be an average of ten feet wide (as opposed to ten feet wide) to permit adjustments for land variations; landscape materials shall be drought tolerant which reflects the current landscape vernacular; the provisions shall not supersede anything that is more restrictive in the Zoning Code; and to avoid property rights claims, the provisions do not apply to Planned Unit Developments approved and effective prior to the effective date of the Overlay.
08-840	Substitute	Per the Office of General Counsel, the Substitute changes the requested Zoning District to a PUD (as opposed to the requested Zoning District of CRO). The bill will be renoticed and readvertised.
08-842	Amendment	Per the Office of General Counsel, the Amendment grants the Waiver of Minimum Road Frontage for property at 10149 Earl Road in Council District 2, subject to the following conditions: the address shall be clearly marked at the terminus of the Earl Road right-of-way; the applicant shall install and maintain a minimum 20-foot-wide stabilized travel surface from the terminus of the Earl Road right-of-way up to the building restriction line of the new dwelling with roadside swales that provide positive drainage; and the subject property shall not be further subdivided beyond the two proposed lots unless Earl Road complies with the City’s Land Development Regulations.
08-847	Amendment	Includes recitals detailing Mr. Cook’s experience.
08-850	Amendment	Attaches the grant contract as Exhibit 2.
08-851	Amendment	Provides for a Revised Exhibit 1 (agreement amendment) to correct the amount of carryover.
08-857	Amendment	Per the Office of General Counsel, the Amendment attaches a revised map to remove property adjacent to Fulton Road South and modifies the legal description to reflect the same, and adds the following conditions to the Transmittal of this Future Land Map Amendment to the State Department of Community Affairs for review: (a) prior to the adoption of this transmittal Ordinance, an application for an amendment to the Future Land Use Map (FLUM) of the Comprehensive Plan shall be filed with the City of Jacksonville for the properties owned by Gate Petroleum Company (approximately .55 acres at RE# 161228 0010 and approximately .23 acres at RE# 161208 0010) and the Jacksonville Transportation Authority (approximately .5 acres with no RE#) located across McCormick Road and to the west of the Subject Property (collectively, the “Triangle Properties”) requesting that the Triangle Properties be designated as Conservation (CSV). Alternatively, prior to the adoption of this transmittal Ordinance, the owners of the Triangle Properties shall authorize or consent to such an amendment being initiated by the City of Jacksonville and/or the District Councilperson; (b) prior to the issuance of any certificates of occupancy for proposed structures on the Subject Property: (i) a bond shall be posted (naming the City of Jacksonville as beneficiary) for the demolition of all structures on the Triangle Properties, debris removal, and site stabilization stabilized by the owners of the Triangle Properties; and (ii) title to the Triangle Properties shall be conveyed to the City of Jacksonville or its designee, at no cost to the City of Jacksonville, in satisfactory condition for use or development by the City as greenscape/public/community use; (c) commercial uses on the Subject Property shall be limited to a service station and convenience store; car washes and car service/repairs shall be prohibited; (d) primary ingress and egress to the Subject Property will be at a four-way signalized intersection at McCormick Road. Secondary access shall be a right-in/right-out access also on McCormick Road. There shall not be access at Fulton Road; (e) the architectural style of the service station and convenience store proposed on the Subject Property shall be as depicted in the elevations and renderings in certain exhibits. Architectural plans for the service station and convenience store shall be reviewed and approved by the Planning and Development Department for compliance with this condition; (f) A minimum fifty (50) foot landscape buffer shall be provided along the western property boundary of the Subject Property and a minimum twenty-five (25) foot landscape buffer shall be provided along the rear (south) of the proposed service station and convenience store. Landscaping within these buffers shall consist of either existing trees and vegetation supplemented with evergreen tree plantings and landscape materials (within the 50-foot buffer) or shall consist of landscaped evergreen tree plantings and landscape materials (within the 25-foot buffer) which, in both buffers, shall be designed to screen the proposed development from the surrounding residences. Landscape plans for the buffers shall be subject to the review and approval of the Planning and Development Department for compliance with this screen design; (g) hours of the proposed service station and convenience store shall be limited to 6:00 AM to 11:00 PM. Hours for dumpster collection and truck deliveries shall be limited to 8:00 AM to 5:00 PM; (h) lighting on the Subject Property shall be baffled from the adjacent residential property and designed to localize illumination onto the Subject Property and to minimize impact on the residential zoning districts to the south and west. Lighting plans shall be subject to the review and approval of the Planning and Development Department for compliance with this lighting design; (i) the dumpster shall be located on the east side of the service station and convenience store. The dumpster and similar appurtenances shall screened from view from surrounding roadways and adjacent properties by substantially opaque enclosures composed of the same material and painted the same color as the structures located, or to be located, on the Subject Property; (j) the Jacksonville Transportation Authority owns the property adjacent to and south of the Subject Property (the “Pond Site”) and is currently constructing a retention pond on the Pond Site. The application for the Planned Unit Development (PUD) rezoning of the Subject Property as a companion to the adoption of this proposed amendment shall include the Pond Property and shall provide a minimum twenty-five (25) foot landscape buffer around the proposed retention pond where adjacent to residences. Landscaping within this buffer shall consist of evergreen tree plantings and landscape materials designed to screen the proposed development from the surrounding residences. Landscape plans for the buffers shall be subject to the review and approval of the Planning and Development Department for compliance with this screen design; (k) security fencing shall be provided along all boundaries of the Subject Property and the Pond Property adjacent to existing residences. Security fencing also shall be installed where appropriate around the proposed service station and convenience store to prevent unauthorized access to the retention pond. Gated access may be provided as necessary for pond and landscaping maintenance. The rear of the proposed service station shall be free of bike paths, walking trails, or other pedestrian areas to discourage any unauthorized access or use of the pond; (l) the retention pond and surrounding landscape areas shall be maintained by the owner of the Subject Property to ensure regular maintenance and quality control; (m) prior to the issuance of any building permits for permitted uses on the Subject Property, title to any portion of the Subject Property or Pond Property fronting Fulton Road South which is not proposed for use by the owners of the Subject Property and/or Pond Property shall be offered for conveyance to the City of Jacksonville or its designee, at no cost to the City of Jacksonville, for use or development by the City as greenscape/public/community use.
08-879	Amendment	Per the Office of General Counsel, the Amendment removes the area proposed for Water Dependent/Water Related Land Use (approximately 92 acres) from the application, and revises the attached maps to limit the application request to 12.79 acres of Community/General Commercial Land Use (with no residential uses permitted).
08-909	Amendment	Provides for a Revised Exhibit 1; removes Amendment to Development Order, replacing it with Revised Master Plan Map.
08-911	Substitute	Changes certain title references to “favorable consideration” to “full and fair consideration;” requires the Human Resources Division to adopt rules to develop criteria to identify or specify documented work experience or completion of rehabilitation, and requires that such rules be presented to Council for approval within 4 months of ordinance enactment; increases threshold from $100,000 to $200,000 for program applicability to contracts; concerning contract award agreements, clarifies noncompliance provisions by specifying “to the extent permitted by applicable state or federal law;” states that compliance with certain ex-offender reentry provisions under the Procurement Code shall be considered as a factor in awarding or granting a contract for construction, remediation, or capital improvement in an amount of $200,000 and requires that the Division of Procurement devise rules relating to the weight given this factor, presenting such rules to Council for approval within 4 months of ordinance enactment.
08-912	Substitute	References and attaches a Real Estate Purchase and Sale Agreement as Exhibit 1; includes “reasonable” closing costs; clarifies and corrects appropriation accounts, appropriating funds to an Albert’s Field-Expansion account rather than to an Autumn Bond-Mandarin Boat Ramp account.
08-916	Amendment	Provides for appropriation of funds from District 8-Autumn Bond funds allocated to Simond S. Johnson Park rather than from ETR Bonds, Series 2004 (Autumn Bonds) from the Council District 8 Excise Tax Revenue Bond account.
08-918	Amendment	Provides for a Second Revised Schedule G (Jacksonville Aviation Authority budget); corrects CIP citing (“2008-2013” rather than “2009-2013”).
08-919	Amendment	Per the Office of General Counsel, the Amendment attaches a map and legal description of the area being added to the Soutel/Moncrief Community Redevelopment Area and adds language to the bill authorizing the City Council to act as the CRA for the purposes of adding land to the CRA and authorizing JEDC as the CRA after the enactment of the bill.
08-920	Amendment	Corrects project name (Maxville Park Improvements rather than Maxville Park Expansion Phase I), project number, and appropriation amount ($140,269.87 rather than $140,269.81); provides for a Revised Exhibit 2 (corrected CIP sheet); makes other technical changes.
08-923	Amendment	Incorporates LUZ Committee recommendations; states that the Council has reviewed the Special Magistrate Recommendation and has determined to reject in part, accept in part, and modify in part; rejects Special Magistrate’s recommendation to grant minor modification application; accepts Special Magistrate’s recommendation that there be no further changes to the PUD unless extraordinary circumstances warrant it and if no adverse impacts to surrounding land use would occur from such a change; modifies the Special Magistrate’s recommendation as to reviewing the legality of the PUD verification process, stating that the City will work with the Office of General Counsel in reviewing the legality of District Council Member involvement in the PUD verification process.
08-957	Amendment	Removes language concerning emergency passage.

Contact: Jeff Clements, Chief of Research (904) 630-1405 or jeffc@coj.net