OFFICE OF CITY COUNCIL COUNCIL AGENDA OF MAY 27, 2014
AMENDMENTS and SUBSTITUTES
Compiled by: Research Division
13-761	Substitute	Per OGC, in accordance with the proposed Comprehensive Plan Text Amendment (Ordinance 2014-57) this Ordinance, as substituted, allows a developer to construct an applicable transportation improvement project within the same mobility zones as a proposed development and receive credit for that applicable project even if the transportation improvement project is not currently identified in the 2030 mobility plan or in the 2030 comprehensive plan. Such transportation improvement projects would either have to improve mobility as evidenced by a professional study and other factors, or maintain or improve the adopted City-wide and Mobility-zone minimum mobility score for the applicable mode. Credits authorized are applicable to the particular mode from which the transportation improvement project was derived. No credit is given for any portion of land which would be required for a development’s minimum transportation and traffic circulation design standards applicable to the development’s standard access management, pursuant to law (including the Land Development Procedures Manual). This bill also contains an indemnification and hold harmless agreement requirement that any developer would have to sign as part of a mobility fee contract since the City has to pursue a text amendment that will go through the transmittal and adoption process and which may be subject to challenge. Upon any such challenge the applicant is required to immediately pay to the City the full amount of the mobility fee calculated (inclusive of any credits awarded). They must also hold the City harmless and indemnify the City from any loss. LUZ adopted the TEU Substitute.
13-820	Amendment	Rules: replaces Exhibit 1 to Interlocal Agreement to attach a new project list dated 5.14.14, without the 2 Notes at the bottom of the page regarding project completion in prioritized order and City Council approval of changes in project costs in excess of 20%. TEU: incorporates Council Auditor proposed amendments #1, 2, 3, 4, 5, 6 and 8; amends Auditor’s recommendation #5 to provide the JTA must give priority in the use of their allocated funds to debt service; adds a requirement that any changes to the 80/20 mobility/ pedestrian split for City projects would require a 2/3 vote by Council; and ties the requirement that JTA provide an annual project progress report to coincide with its budget submission. Finance: TEU amendment, plus revises Sec. 9 – St. Johns River Ferry provisions.
14-48	Amendment	Per OGC, the Amendment adds the following conditions to the PUD: (a) Restaurants shall close by 9:00 PM. (b) Restaurants shall not exceed 2,400 square feet of gross floor area. (c) The retail sale and service of beer and wine shall be in conjunction with a restaurant and for on premises consumption only. (d) There shall be no additional stories to any existing building. (e) All lighting shall face inward toward the subject property. (f) All uses shall comply with Chapter 656, Part 6 (Off Street Parking and Loading Regulations), Zoning Code. (g) There shall be no dumpster containing food, adjacent to a residential property line. (h) There shall be no restaurant in the western half of the northern-most building. (i) Drive throughs shall be prohibited. (j) One identifying wall sign shall be allowed facing San Jose Boulevard on the subject property which meet the Commercial Neighborhood (CN) sign requirements of Chapter 656, Part 13 (Sign Regulations), Zoning Code. (k) Two monument signs shall be allowed facing and perpendicular to San Jose Boulevard on the subject property which meet the Commercial Neighborhood (CN) sign requirements of Chapter 656, Part 13 (Sign Regulations), Zoning Code. (l) All other signage on the subject property shall not face San Jose Boulevard and shall meet the Commercial Neighborhood (CN) sign requirements of Chapter 656, Part 13 (Sign Regulations), Zoning Code.
14-57	Amendment	LUZ: Per OGC, the bill as amended adds a change to Transportation Element Policy 1.4.10 (which currently requires 11% of the mobility fee collected to be allocated for prioritized bike and pedestrian mode projects); the change would add provision that this required percentage can be either paid in cash, or through credit if a developer builds a bike or pedestrian transportation improvement project. It also revises the Capital Improvements Policy 1.6.7 to: For the planned projects, open up the possibility that projects could be chosen from not only the prioritized list, but from other identified lists. It also allows for credits to be earned that are in excess of the mobility fee due (not just equal to or less than) should the transportation improvement project be more. For the unplanned projects, it, first of all allows for such a thing. And second, it sets forth parameters for the approval of such projects. Following a similar approval process for planned projects (which require City Council approval) it allows for projects which are in the same mobility zones and which meet the requirements of the mobility plan and which: improves mobility in that zone for the applicable mode, as evidenced by a professional traffic study, or it maintains or improves the adopted City-wide and Mobility Zone minimum mobility score for the applicable mode; and meets applicable criteria as established by City Council; and it is adopted into the next cycle of the 5-year Capital Improvements Element schedule. This text amendment is related to Ordinance 2013-761 which makes applicable ordinance code changes to Chapter 655 (Concurrency and Mobility Management System). Rules: Per OGC, adopted the same amendment as LUZ, except that it contained the additional word “substantially” with respect to improving mobility as evidenced by a professional study as set forth in Capital Improvements Policy 1.6.7.
14-177	Amendment	Rules: deletes “Whereas” clauses 3 and 4 citing statistics on use of the civil citation process in Jacksonville and in other counties; deletes reference to a Memorandum of Understanding. Finance/PHS: Rules amendment, plus modifies sixth Whereas clause to replace “…citation program is…” with “…civil citation and any other smart justice methods, including non-arrest diversion tools, are…”.
14-266	Amendment	Per OGC, the Amendment revises the on file application documents to incorporate an additional letter and related documentation dated March 28, 2014.
14-267	Amendment	Per OGC, the Amendment incorporates a revised PUD site plan dated May 20, 2014 (to incorporate land use tables that were previously filed as part of the application and to make them a part of the Exhibit itself).
14-275	Amendment	Amends reference to Ordinance Code Sec. 106.1202 which gives authorization for food & beverage purchases.
14-276	Amendment	Changes payback term from 5 years to original 10 years; references original ordinances; lists names & requires signatures of all parties to the agreement; adds a provision to invoke the Ord. Code Sec. 126.106(g) exception to direct the contract to Brance Diversified Inc.
14-286	Amendment	Attaches Revised Exhibit 1 to include submittal memo.
14-309	Amendment	Rules: attaches revised Exhibit 1 (Project Summary); adds new Section to the bill stating that City will be responsible for maintenance of the portion of Project on City roads; removes references to an alternate project site and requires all future actions regarding project scope and appropriation of funds to come back to Council for approval. Finance: Rules amendment, except changes alternate site language to require any location other than the location approved in 2013-246-E (Phillips Hwy.) to be approved by City Council.

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