OFFICE  OF  CITY  COUNCIL

 COUNCIL AGENDA OF AUGUST 14, 2018

 

BRIEF SUMMARIES OF AMENDMENTS and SUBSTITUTES

Compiled by:  Research Division

Full text of amendments and substitutes available via Legislative Bill Search system at http://cityclts.coj.net/coj/cojBillSearchNew.asp?type=PL

 

 

 

 

17-806

Amendment

(Amending Code of Subdivision Regs regarding bicycle and motorcycle parking standards): Changes the number of required bicycle parking spaces for hotels, nursing homes, day care centers, stadiums and arenas; corrects a scrivener’s error in bill title.

 

 

 

17-840

Amendment

(Rezoning Propty at NE Intersec of Hogan and Grant Owens Rds from RLD-60 & RR-Acre to PUD): Per OGC, rezoning approved subject to conditions:

1. The proposed lots shall be a minimum of sixty (60) feet in width and at least 6,000 square feet in area;

2. The maximum lot coverage shall be 50%;

3. A shade tree, a minimum of 3 inches DBH (at the time of planting) shall be planted every 10 feet (within the 20-foot buffer) along Grant Owens Road.  Trees allowed to be used for mitigation are Live Oak, Red Maple, Sycamore, Loblolly Bay, Bald Cypress, Swamp Chestnut Oak, Catalpa, Southern Magnolia, Red Cedar, Leyland Cypress, River Birch, as well as any indigenous tree that reaches a height at maturity of at least 45 feet and a spread at maturity of at least 30 feet;

4. No trees shall be removed on the West right-of-way of Grant Owens Road;

5. All internal roads shall have a minimum pavement width of twenty four (24) feet, exclusive of curb and gutter;

6. As part of verification of substantial compliance for the first residential use, and prior to the issuance of a building permit for the vertical construction of single family residential uses within the PUD, covenants and restrictions shall be submitted to the Planning and Development Department for review and approval, and upon approval, recorded for the property which (i) provide for architectural review of plans/elevations of home exteriors by an architectural review board and (ii) provide standards for such review, including requirements that (a) the façade (front) of each single-family detached home must have at least two different finishes, one being primary finish and the secondary finish being an accent feature, (b) no vinyl siding can be used on a single family detached home, and (c) no panel siding can be used as the primary building product on the façade of any single-family detached home;

7. Minimum of 7 foot separation between eave overhangs;

8. Prior to the first final inspection within any phase of development, the owner or their agent shall submit to the Planning and Development Department for its review and approval either (a) an affidavit documenting that all conditions to the development order have been satisfied, or (b) a detailed agreement for the completion of all conditions to the development order.

Attaches Revised Exhibit 3 (revised written description); attaches Revised Exhibit 4 (revised site plan).

 

 

 

 

17-863

Substitute/

Amendment

(Amending Zoning Code and Chap 711 regarding small cell wireless facilities):

 

Third Substitute:

1.      Changes the Security Fund to a Surety Fund and creates a scale of how much surety is required based on the number of poles

2.      Reorganizes the Subparts to include a new subpart for general permitting requirements and permit application requirements

3.      Requires waivers of any requirement or design standard to be heard by the appropriate committee of Council instead of the approval by the Director of any waiver

4.      Includes design standards for Collocation on existing poles in City rights-of-way and Small Wireless Sole Purpose New Utility Poles (including maximum limit of 10 cubic feet for wireless equipment mounted externally on poles)

5.      Exempts out communications equipment owned/used by governmental entities

6.      Adds an intent section to explain the Council’s intentions regarding the enactment of the legislation

7.      Establishes a pre-approval requirement for applicant’s use of JEA infrastructure before such application can be approved

8.      Establishes evidence requirements for deviations from the collocation requirement

9.      Corrects scriveners errors and clarifies definitions

 

TEU Amendment:

1.      Removes imprisonment option from enforcement remedies

2.      Changes the time limit from 90 days to 30 days for the Director to approve or deny an original application after an applicant has rejected an alternative pole location proposed by the City

3.      On p. 60, line 17 strike “and” after criterion (ix) in the list of criteria to be considered regarding proposed waivers of requirements or design standards

4.      On p. 60, line 20 strike a period (.) and insert “; and” after “the Council”

5.      Adds an additional criterion to the list of factors to be considered when evaluating waiver requests: “(xi) Ensuring that all citizens of Jacksonville and Duval County have abundant access to broadband capability.”

6.      Reduces size limit on pole-mounted equipment from 10 cu. ft. to 6.7 cu. ft.

7.      Changes from 60 days to 30 days the time in which the City would have to provide a good faith estimate for any make-ready work necessary to enable a pole to support a requested co-location

 

LUZ: TEU amendment except for the 6.7 cubic foot limit, thereby leaving the volume of wireless equipment that can be externally mounted on existing and replacement utility poles at 10 cubic feet as stated in the Third Substitute.

Also incorporates recommendations from JEA:

a)      Replace “line” with “and/or distribution lines” regarding collocation on existing poles in City Right-of-Way, Eligible poles

b)      Regarding replacement poles, adds “for a streetlight, with an overhead power feed, the height of the streetlight pole may be increased up to five (5) feet if reasonably necessary to accommodate the top-mounted antenna and any related equipment”;

c)      Regarding hollow replacement poles, adds “this requirement for concrete poles applies to concrete streetlight poles and not to concrete transmission and distribution line poles if such requirement is not reasonably practical.”

 

 

 

18-75

Amendment

(Amending Zoning Code re: medical marijuana dispensaries):

1. Allows Pharmacies located in CRO and CN districts in existence as of the effective date of this ordinance to be legally permitted uses or permissible uses by exception where applicable

2. Places burden on the applicant for a waiver request on distance to a school to prove it promotes the public health, safety and general welfare of the community

3. Requires Planning Dept. to notify Duval County School Board of waiver requests

4. Requires Council to consider waiver requests

5. Requires Applicant to submit a survey of schools within 500 ft.

 

 

 

18-285

Amendment

(Rezoning 671 Pecan Park Rd btwn I-95 & Bainebridge Dr  from PUD to PUD): Per OGC, approves the rezoning subject to conditions:

1. All internal roads shall have a minimum pavement width of twenty four (24) feet, exclusive of curb and gutter;

2.  As part of verification of substantial compliance for the first residential use, and prior to the issuance of a building permit for the vertical construction of single family residential uses within the PUD, covenants and restrictions shall be submitted to the Planning and Development Department for review and approval, and upon approval, recorded for the property which

 (i) provide for architectural review of plans/elevations of home exteriors by an architectural review board and

(ii) provide standards for such review, including requirements that (a) the façade (front) of each single-family detached home must have at least two different finishes, one being primary finish and the secondary finish being an accent feature, (b) no vinyl siding can be used on a single family detached home, and (c) no panel siding can be used as the primary building product on the façade of any single-family detached home;

3.  Minimum of 7 foot separation between eave overhangs;

4. Prior to the first final inspection within any phase of development, the owner or their agent shall submit to the Planning and Development Department for its review and approval either (a) an affidavit documenting that all conditions to the development order have been satisfied, or (b) a detailed agreement for the completion of all conditions to the development order.

Attaches Revised Exhibit 3 (revised written description); attaches Revised Exhibit 4 (revised site plan).

 

 

 

18-337

Amendment

(Rezoning On Gate Pkwy btwn Burnt Mill Rd & J Turner Butler Blvd from RMD-A & CO To PUD): Per OGC, attaches Revised Exhibit 3 (revised written description); attaches Revised Exhibit 4 (revised site plan).

 

 

 

18-364

Amendment

(Apv the FY 2018-2022 Capital Improvement (CIE) Schedule of Projects): Places revised CIE schedule on file.

 

 

 

18-373

Amendment

(Apv Sign Waiver Appl SW-18-02 at 6233 San Jose Blvd.): Per OGC, adds new Section 2: “Section 2. Sign Waiver Approved Subject to Conditions.  This sign waiver is approved subject to the following conditions, which are based on International Sign Association recommendations for brightness levels for signs that utilize computer-generated messages (or some other electronic means of changing copy including displays using incandescent lamps, LEDs, LCDs or a flipper matrix), as published in compilation research reports dated December 2010 and August 2016:

(1)          The illuminance of the sign shall be measured with an illuminance meter set to measure footcandles, accurate to at least two decimals.  Illuminance shall be measured with the sign off, and again with the sign displaying a white image for a full color capable sign, or a solid message for a single color sign.  All measurements shall be taken perpendicular to the face of the sign at a distance of ninety-two (92) feet.  This distance is based on a sign face measuring 85.38 square feet, as depicted on Exhibit 4.  If the size of the sign face is modified, the measurement distance shall be calculated as the square root of the area of the sign multiplied by one hundred (100).

(2)          The difference between the off and solid message measurements using the above criteria shall not exceed 0.3 footcandles.

(3)          The sign shall be equipped with a sensor or other device that automatically determines the ambient illumination, and the sign shall be programmed to automatically dim according to ambient light conditions, or if such automatic programming is unavailable, the sign must include the technological capability to adjust the illumination to comply with the 0.3 footcandle measurement at all times.

(4)          Prior to the final inspection for the sign permit, the owner or their agent shall submit to the Planning and Development Department for its review, an affidavit documenting that all conditions as stated herein have been satisfied.”

AND

Before criterion (4) on page 2, line 30, add “As conditioned herein,” so the finding reads “(4) As conditioned herein, the waiver will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, or result in the creation of objectionable or excessive light, glare, shadows, or other effects, taking into account existing uses and zoning in the vicinity;”

 

 

 

18-377

Amendment

Rezoning 7589 Plantation Bay Dr. btwn Plantation Bay Dr & Grayfield Dr from PUD to PUD): Per OGC, approves the rezoning subject to conditions:

1.      There shall be no additional median openings along Collins Road (existing openings are at Plantation Bay Drive and Grayfield Drive where they intersect with Collins Road);

2.      Only two (2) right in/right out driveways will be permitted along Collins Road frontage and there shall be no driveway on Collins Road within 250 feet of the intersection of Planation Bay Drive and Collins Road (to be signalized by this PUD);

3.      The proposed Eastern access from Collins Road shall align with Grayfield Drive and shall not be counted as a right in/right out driveway as limited in condition (2) above;

4.      All sag lenses, drop lenses and convex lenses shall be prohibited.  Illumination levels at all property lines shall not exceed one half footcandles when the building or parking areas are located adjacent to residential areas and shall not exceed one footcandle when abutting other non-residential properties. All lighting lamp sources within the parking and pedestrian areas shall be metal halide, LED or compact florescent. The maximum light pole height in all parking areas should not exceed thirty feet. An exterior lighting design plan for each project, including a photometrics plan, pole, and fixture schedules shall be submitted at the time of verification of substantial compliance for review and approval by the Planning and Development Department;

5.      Animal boarding shall be a permissible use by exception only, and shall not be a permitted use by right;

6.      Prior to the first final inspection within any phase of development, the owner or their agent shall submit to the Planning and Development Department for its review and approval either (a) an affidavit documenting that all conditions to the development order have been satisfied, or (b) a detailed agreement for the completion of all conditions to the development order.

 

 

 

18-383

Amendment

(Amend Chapt 59 re: powers and duties of Election Advisory Panel):

1. Pg. 1, line 19: correct formatting in title

2. Pg.1, line 28: insert “Office” after “Elections”

3. Adds language requiring the Supervisor of Elections to appear before the Panel at least twice annually, after each year’s election cycle is complete and after receipt of the Panel’s required annual report.

4. Reverse the elimination of the study of polling locations and fraud prevention from the Panel’s powers and duties (allowing these to remain in the Ordinance).

5. On p. 3, line 6 insert “voting” before “instructions”

 

 

 

18-410

Amendment

(Appr emergency medical transport CON for Emerg Medical Transportation Svc,):

1. Corrects company name in legislation

2. Places Revised Document on File to correct company name

 

Floor: attaches 2nd Revised On File document to reflect correct company name.

 

 

 

18-411

Amendment

(Appr emergency medical transport CON for Mayo Clinic Medical Transport): Places Revised Document on File to correct company name

 

Floor: attaches 2nd Revised On File document to reflect correct company name.

 

 

 

18-421

Amendment

(Apv Parking Rights Agreemnt btwn the Florida Theatre Performing Arts Ctr.,Inc. & the City; appr. Form of contract for future agreements):

 

NCSPHS: Adds language to clarify that future parking agreements may be executed as long as they do not negatively impact the financial sustainability of the Parking Enterprise Fund

 

Finance: NCSPHS amendment, plus

1. includes language in the bill and form of contract restricting use to City-owned parking facilities as listed in Ordinance Code Sec. 122.201

2. Limits free parking for volunteers to a maximum of 50 spaces per event

3. Limits free parking agreements to 5 years (in form agreement)

4. Attaches Revised Exhibit 3 (revised agreement)

 

 

 

18-423

Substitute

(App Construction & Maintenance Agreemnt btwn the City of Jacksonville & Trinity Baptist Church, for maintenance of landscaping & Fountains at I-10 & Hammond Blvd Interchange):

As Substituted:

1.      Clarifies the agreement is a Maintenance only agreement-strikes reference to construction

2.      Replaces “resolution” with “ordinance”

3.      Adds a new section to authorize the execution without further Council action of future landscape maintenance agreements in substantially the same form attached as Revised Exhibit 1 between the City and third parties to allow third parties to maintain landscaping projects within FDOT Rights-of-Way

4.      Provides for oversight by Dept of Public Works

5.      Clarifies that this ordinance supersedes the previous standard maintenance agreement form authorized by Resolution 2004-1371-A

6.      Attaches a Revised Exhibit 1 (Maintenance Agreement) to:

·         Clarify that Trinity shall pay water and electric fees for the systems

·         Clarify natural disaster clean-up responsibilities for Trinity and the City

·         Clarify that Trinity pays for cost to remove the fountains if agreement is terminated due to Trinity’s failure with terms of the agreement

·         Add new Exhibits C (Maintenance Standards), D (Indemnification) and E (Insurance Requirements)

·         Requires grass mowing height to be 3-9 inches in Exhibit C to Exhibit 1

 

 

 

 

18-428

Amendment

(Conf Appt of Don Peters to the Jacksonville Human Rights Commission): Replace Casey Bulgin with Rocelia Roman de Gonzalez as the appointee.

 

 

 

18-490

Amendment

(Recognizing & Honoring the 2018 Comcast Leaders & Achievers Scholarship Recipients): adds Rules Committee members as co-sponsors

 

 

 

18-491

Amendment

(Honoring and Commemorating the 50th Anniversary of Graduation of Last Segregated Class from Douglas Anderson High School.): adds Rules Committee members as co-sponsors

 

 

 

 

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