OFFICE  OF  CITY  COUNCIL

 COUNCIL AGENDA OF FEBRUARY 26, 2019

 

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

 

18-271

 

 

 

 

 

 

 

 

 

Amendment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Second

Substitute

(ORD-MC Amend Sec 654.111 (Design Standards: Streets), Chapt 654 (Code of Subdiv Regs), Ord Code, add new Subsec (O) to require a minimum roadway width of 24 ft for  residential subdiv in certain zoning districts, create new Subsec (P) to require a phased acceptance of roadways in residential developments in multi-step process further outlined by PW Dept.  Amend Sec 654.115 (Design Standards: Access to Public right-of-way), Chapt 654 (Code of Subdiv Regs), Ord Code to require new commercial developments fronting collector/higher functionally classified roads, provide for vehicular interconnectivity thru parking lots & svc roads to adjacent properties):

 

TEU (9.11.18)

1.      Provides for a prospective effective date of 60 days after the Effective Date of this ordinance; all construction plans submitted for 10-set review prior to the expiration of the 60 days shall be reviewed based upon the previous version of the Code.

2.      Clarifies that “The Land Development Procedures Manual and current City Specifications shall be updated as required to be consistent with this Section

3.      Corrects scrivener errors (“taxes” for “taxed”, “subsection” for “Chapter”, “Section” for “subsection, incorrect underlining or boldface)

4.      Clarifies that the post-construction warranty bond applies to all required improvements that the City has accepted for maintenance

5.      Changes the provision regarding release of the post-construction warranty by deleting “upon the later of either: obtaining ninety (90) percent of the Certificates of Occupancy (“CO”) within that phase; or 24 months” and inserting “12 months” after the second lift is satisfactorily applied

6.      Changes the provision allowing the Director to reduce the amount of the post-construction warranty bond by striking “Two years after acceptance of the required improvements” and replacing it with “Upon satisfactory application of the second lift”; adds a provision that the Director must re-inspect the work before reducing the warranty

7.      Provides that the Director may reduce the post-construction warranty amount to “15% of the cost of the roadway actual cost of the second lift

8.      Clarifies and adds new conditions under which pavement width can be reduced to 20 feet

-          The land is zoned TND and an alley is provided relative to the street

-          A minimum of 5 on-site parking spaces, measured pursuant to Sec. 656.607, is provided on each lot

-          A minimum of 1 off-site parking space for every 3 lots is provided no further than 300 feet away from the furthest lot

-          At least 1 side of the road shall be designated as “No Parking” with either signs, striping, curb painting or a combination as approved by the Planning Department

9.      Deletes provisions regarding prohibition of heavy construction vehicles and equipment (10,000 pounds or more) on accepted roads until after the second lift of paving is applied and delay of re-inspection until heavy construction traffic ceases.

10.  Corrects scrivener error in bill section numbering and name

 

LUZ (2.20.19)

1.      Amends 654.110(b)(4) to clarify that “The public rights-of-way within the subdivision must be specifically accepted by the City for maintenance…”

2.      Clarifies that “The Land Development Procedures Manual and current City Specifica-tions shall be updated as required to be consistent with this Section, and Sec. 654.111.”

3.      Deletes provisions relating to provision by the developer of a warranty to the City (in 1 of 4 approved forms) prior to filing/recording a plat equal to 100% of the total cost of the remaining required subdivision improvements; deletes language regarding extension, renewal or substitute collateral for the warranty.

4.      Provides for provision by the developer of a guarantee to the City (in 1 of 3 approved forms) for 100% of the cost of completion of required improvements and for the cost of placing permanent reference monuments for future surveying; cost estimates to be prepared and sealed by a Florida licensed engineer and approved by the Director; requires provision of a post-construction warranty; requires guarantees by letter of credit or surety bond to be in a form approved by the Office of General Counsel and available on the City’s Development Services website. Adds a requirement that the City give 60 days’ written notice before bringing action or suit on a surety bond to pay for completion of required improvements.

5.      Clarifies details and requirements of the post-construction warranty on public and private local streets, including required security, timing, warranty period, reduction and ultimate release of the warranty, etc.  Provides that local streets that do not provide access to the abutting property may be exempted from the Post-Construction Warranty requirement by the Director.

6.      Provides that the Post-Construction Warranty may be reduced  to 15% of the cost of the second lift (wearing course) after that course has been applied (City to make a good faith effort to inspect the second lift and reduce the warranty within 15 business days); the warranty shall be fully released 12 months after the second lift is applied. For private local streets, re-inspection and release of the warranty may be requested any time after the satisfactory installation of the final wearing course.

7.      Requires that all new local streets projected to serve in excess of 1,600 vehicles per day and all new collector and minor arterial roadways to accommodate bicyclists within the roadway unless determined by the Department that such need does not exist.

8.      Provides that all new local streets in a residential subdivision that are adjacent and provide access to lots that are of a size allowed in a Residential Low Density – 60 zoning district or PUD district shall have a minimum paving width of 24 feet, not including curb and gutter, which may be reduced to 20 feet if any of the following conditions are met:

a)      The land is zoned as a Traditional Neighborhood Development (“TND”) District, and an alley is provided relative to the street, then the dimensions for TND roadways shall apply;

b)      A minimum of five (5) on-site parking spaces, measured pursuant to Sec. 656.607, Ordinance Code, are provided on each lot;

c)      A minimum of one (1) off-site parking space for every three (3) lots is provided no further than three hundred (300) feet away from the furthest lot; or

d)      At least one side of the road shall be designated as “No Parking” with either signs, striping, curb painting, or a combination thereof, as approved by the Planning and Development Department.

9.      Deletes language requiring provision of temporary access for heavy equipment and construction vehicles (10,000 pounds or more) until the application of the second lift of asphalt has been completed on accepted roads.

10.  Declares it to be in the public interest to improve traffic circulation within and between office and commercial parcels of similar intensity along collector or higher functionally classified roadways and to balance the rights of private property owners against the public interest in providing cross-access between such parcels. Deletes the requirement to file restrictive covenants regarding the requirement for interconnectivity and provides for required construction of stub-outs for service drive interconnections when, in the opinion of the Planning and Development Department, cross-access is feasible.  The minimum width of a vehicular cross-access shall be 24 feet.

11.  Existing developments that do not have cross-access interconnectivity shall be brought into compliance with this requirement provided that a determination is made by the Director that such interconnectivity requirements do not impose an undue burden, as described below, on the affected property owners... Parcels zoned CCG-2 shall not be required to connect to parcels within a zoning district other than CCG-2, but they shall be required to interconnect with each other. Similarly, parcels within a zoning district other than CCG-2 are not required to connect to a parcel zoned as CCG-2.

12.  Exemptions from cross-access construction due to physical or regulatory constraints shall be determined in consultation with the City Engineer. Language regarding exemption due to the presence of specific incompatible uses (i.e. adult entertainment, alcoholic beverage sales, etc.) is replaced with language referring to uses that particularly require security or privacy as a mandatory element of their business; the cross-access requirement resumes if the incompatible use ceases. Exemptions may be granted where:

  1.  the owner or developer can prove the existence of a mortgage, lease or other agreement (in effect prior to April 4, 2018) that prohibits cross-access
  2. the Director (in consultation with the City Engineer and/or City Traffic Engineer) determines that an affected property owner otherwise subject to the provisions of this Section would currently be subject to an undue burden if required to provide the cross-access

13.  Provides for a prospective effective date of 60 days after the effective date of this ordinance, and all construction plans submitted for 10-set review to the Planning and Development Department prior to sixty (60) days from the Effective Date shall be reviewed based upon the previous version of the Ordinance Code.

 

 

 

18-765

Amendment

(RESO-Q re Appeal filed by Riverside Avondale Preservation, Inc., Mary Ellen Hansen, & Ryan Parde, Appealing Final Order of Planning Commission  that Apvd Zoning Exception Appl E-18-66 for Outside Sales & Service of Food, Beer, & Wine for on Premises Consumption at 2000 Forbes St.): grants the appeal.

 

 

 

19-7

Amendment

(ORD-Q Rezoning 0, 9591 Normandy Blvd btwn Patriot Ridge Rd and Guardian Dr from CCG-2  & PUD to PUD): rezoning approved subject to conditions:

1.      Dead-end streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. If T-turnarounds are permitted, they shall meet the minimum dimensions given in the City’s standard details.

2.      All cross accesses to the future commercial parcels shall be a minimum of 250 feet from the edge of pavement of Normandy Boulevard. There shall also be a left turn lane into the future parcel on the west side of the entrance road.

3.      The subject property shall be developed in accordance with the Transportation Planning Division Memorandum dated January 17, 2019.

4.      The maximum building height shall not exceed 50 feet for commercial uses.

5.      Prior to the verification of substantial compliance 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.

 

 

 

19-16

Amendment

(ORD-Q Rezoning 3372 Zoo Pkway btwn New Berlin Rd & The Dunn Creek from PUD to PUD): Attaches a Revised Exhibit 3 (revised written description)

 

 

 

19-23

Substitute

(ORD Approp $1,500,000.00 from Kids Hope Alliance Operating Subfund Fund into

Kids Hope Alliance Budget to fund Progs & Svcs for At-Hope Children and Youth in Jax)

 

NCSPHS

1. Increases appropriation amount by $997,944 to a new appropriation amount of $2,497,944

2. Attaches a revised Exhibit 1 to include a revised B.T. 19-043 and revised program descriptions

3. Attaches a revised Exhibit 2 to include a revised Fifth Revised 2018-504-E Schedule M

4. Adds language to the bill authorizing KHA to execute direct contracts totaling $1,034,609 with the providers specified in Exhibit 1, waives the requirements of Section 77.111(a) which requires competitive procurement, and invokes the Section 126.107(g) Procurement Code exemption for the direct contracts

5. Adds language to the bill waiving 77.105(i) to allow Florida State College of Jacksonville, Inc. to provide a Teen Violence Prevention Academy to high school and college students through age 21

6. Adds an RC requesting additional part time hours for the Summer Jobs Program

 

Finance

NCSPHS substitute, except:

4. Reduces direct contracting authorization from $1,034,609 to $770,000

5. Corrects scrivener’s error in section reference to 77.105(e)

7. Changes direct contracting with Airstream Ventures, LLC ($100,000 in the Pre-teen/Teen College Success Access essential service) to an RFP procurement

8. Changes direct contracting with JDAP, BAYS Florida (Bay Areas Youth Services, Inc. - $164,609 in the Juvenile Justice Intervention/Prevention Program essential service) – to an RFP procurement

 

 

 

19-44

Amendment

(ORD Approp $781,748.00 from Tree Protection & Related Expenses Trust Fund,  Ord Subfund 15F, for a Proj known as "RAP Releaf Tree Planting" ):

1. Attaches Revised Exhibit 2 to correct listing of trees

2. Removes extra comma on pg. 1, line 12

3. Corrects spelling of “Fringe Trees”

 

 

 

19-45

Amendment

(ORD Approp $35,880.00 from Sidewalk Constrn Spec Rev Fund to provide funding for Capital Costs related to Constrn of Sidewalks throughout the City; Amend 2019-2023 CIP to provide funding for the proj entitled "Sidewalk Maintenance Construction"):

1.     Revises bill text to refer to use of funds for construction of new sidewalks

2.     Attaches Revised Exhibit 1 (revised BT)

3.     Attaches Revised Exhibit 2 (revised CIP listing)

 

 

 

19-48

Amendment

(ORD Approp $211,192.19 from "Countywide Intersec Imp/Intersec to Southbound Right Turn Ln - Mandarin Rd to provide funding for Design & Constrn of a Right Turn Ln at Intersec of Scott Mill Rd & Mandarin Rd; Amend 2019-2023 CIP to reduce funding for the Proj entitled "CNTYWD Intersection IMP & Bridge - Rehab - Intersections and provide funding for Proj Entitled "Scott Mill Rd - Southbound Right Turn Ln - Mandarin Rd."):

Corrects project names in the Explanation of Appropriation.

 

 

 

19-51

Amendment

(ORD-MC Relating to Benefits of Corrections Ofcrs; Amend Sec 16.06, Charter, to permit $20.00 Booking Fee to be used for any legal use for the Benefit of Corrections Officers):

1. Includes title of Section 16.06 in title of the bill

2. Corrects formatting of amendment

 

 

 

19-52

Amendment

(ORD Auth Lease Agreemt btwn City and FON Inc for an initial term of One (1) year, with Two (2) One (1) year renewal options for 2,000 Sq Ft in Bldg 907 in Cecil Commerce Ctr.):

Places revised lease agreement On File to correct base rent amount in Section 3.1.

 

 

 

19-53

Amendment

(ORD Apv Changes in Polling Place Locations for Precincts 203, 502, 913, 914, and 1201 to be Effective for 3/19/2019 First Unitary Election)

1. Adds Precinct 1106 to list of polling locations to be changed

2. Attaches revised Exhibit 1 to add Precinct 1106 to the notice and change new location of Precinct 502 to St. Nicholas Park Christian Church

 

 

 

19-55

Amendment

(ORD-MC Amend Part 4 (Resource Recovery Prog), Chapt 380 (Solid Waste Mgmt), Ord Code, to Update Dept Name & Amend References to Host Fees to be Consistent with other code language; Amend Sec 320.409 (Schedule of Permit Fees), Pt 4 (Permits), Chapt 320 (Gen Provisions), Title VIII (Constrn Regs & Bldg Codes), Ord Code, to update permit fees to include a Solid Waste Charge for Constrn and Demolition Debris Fee):

 

TEU

1. Pg. 2, line 29 – insert closed parentheses

2. Pg. 4, line 18 & pg. 9, line 11 – strike “(j)”

3. Pg. 6, line 4 – insert “permit” before “fee”

4. Attach Revised Exhibit 1 (Permit Fees) to reflect that (7)(i) is $25 per permit

5. Include language with implementation date of 10/1/19

6. Attach new Exhibit 2 to include host fees for out-of-county C&D debris

7. Require a fee review after 2 years and every 2 years thereafter

8. Change authority to waive delinquent host fees from Chief of the Solid Waste Division to the Public Works Director

9. Add authorization for Public Works to establish attestation policies and include penalty for violation of those policies

 

Finance

TEU amendment, except revises #7 to require initial fee review after 1 year

 

Floor

Finance amendment, plus:

10    Amends Sec. 380.303 – Rates for Disposal - to make fee descriptions in that section consistent with those in Sec. 380.404 – Host Fee Fund Established

11    Attaches a Revised Exhibit 2 to split the Nonresidential waste/C&D debris generated outside of the City into 2 categories: Nonresidential waste and C&D debris generated outside of the City

 

 

 

19-56

Amendment

(ORD-MC New Sec 111.250 (Opioid Abuse Program Trust Fund), Part 2 (Health & Human Svcs.), Chapt. 111 (Special Revenue & Trust Accounts), Ord. Code, to establish a permanent trust fund for the Opioid Abuse Program as estab. by Ord. 2017-426-E & further continued by ordinances 2018-523-E, 2018-504-E & 2018-683-E; creating a new chapt. 84 (Opioid Abuse Mitigation),Ord. code, to create an Opioid Abuse Prevention Committee & to create a Grants Committee):

1. Pg. 4, line 24: strikes “appointee” and inserts “appointees”

2. Pg. 4, line 24: inserts “City Council.” after “by”

3. Pg. 5, line 2: strikes “2 members” and inserts “3 members”

4. Pg. 5, line 3: strikes “The Mayoral appointment shall be for an initial 3 year term.”

5. Pg. 6, line 20: strikes “the Grant Administrator” and inserts “Grant and Contract Compliance”

6. Clarifies funds can be appropriated in the annual budget or through separate legislation

7. Clarifies appropriations will be for funds received and not anticipated funding

 

 

 

19-66

Amendment and rerefer

(ORD Adopting Large Scale FLUM Amend to 2030 Comp Plan at 0 Atlantic Blvd & 13723 Atlantic Blvd btwn San Pablo Road North & The Pablo Creek from LDR/CGC to MDR/CSV): Attaches Revised Exhibit 2 (revised subject property map)

 

 

 

19-67

Amendment and rerefer

(ORD-Q Rezoning 0 Atlantic Blvd & 13723 Atlantic Blvd btwn San Pablo Road North & The Pablo Creek from CCG-1/RR-ACRE to PUD): Attaches Revised Exhibit 2 (revised subject property map)

 

 

 

19-73

Substitute and rerefer

(ORD-Q Rezoning 0 San Pablo Pkway btwn San Pablo Road South & San Pablo Pkway from PUD  to CCG-1): changes rezoning application to PUD instead of CCG-1

 

 

 

19-77

Substitute and rerefer

(ORD-Q Rezoning 0 San Pablo Pkway & San Pablo Road South btwn Beach Blvd & Sam Yepez Road from PUD to RMD-C): changes rezoning application to PUD instead of RMD-C

 

 

 

19-86

Amendment

(RESO Approp $100,000 from Northwest Jax Economic Dev Fund (NWJEDF) Misc Sales to Subsidies & Contributions to Private Organizations, to Preferred Freezer Svcs of Jax II, LLC):

Places a Revised Agreement On File to

a. Include all information on Exhibits A, B and C of the agreement

b. Include a Start of Construction date of June 30, 2019 in Section 3.1

 

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