OFFICE OF CITY COUNCIL COUNCIL AGENDA OF MAY 23, 2017
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
17-36	Substitute	(Amending Zoning Code to Create a Procedure for Disabled Persons to Request Reasonable Accommodations from Provisions of the Zoning Code): See attachment. Floor (Crescimbeni): adds requirement for Chief of Disabled Services to consult with and provide written recommendation to Planning Director regarding whether a “reasonable accommodation” applicant is “disabled”.
17-68	Amendment	(Dept. of Justice v. COJ legal settlement) NCIS: Attaches Revised Exhibit 1 (consent decree between DOJ and COJ which includes settlement agreement for Ability Housing and Disability Rights Florida v. COJ). Finance: Attaches Second Revised Exhibit 1 (consent decree between DOJ and COJ which includes settlement agreement for Ability Housing and Disability Rights Florida v. COJ plus Zoning Code revisions included in substitute to 2017-36 recommended by LUZ).
17-69	Amendment	(Ability Housing and Disability Rights Florida v. COJ legal settlement) NCIS: Includes appropriation explanation language; attaches new Exhibit 2 (BT). Finance: NCIS amendment, plus attaches Revised Exhibit 1 (settlement agreement plus Zoning Code revisions included in substitute to 2017-36 recommended by LUZ).
17-88	Amendment	(Closing and abandoning and/or disclaiming right-of-way of Parramore Rd.): Attaches Revised Exhibits 2-9 (revised drainage right-of-way assignment; revised assignments of easements; revised drainage easement; revised property exchange, construction and maintenance agreement; revised Parcel 807 easement; revised delegation of duties drainage easement maintenance agreement; revised Parcel 806 easement; revised access, construction and maintenance easement) to reflect technical changes and to include additional FDOT release of easements.
17-193	Substitute and rerefer	(Rezoning Property on east side of Pablo Point Dr, south of Shipwatch Dr - RR-Acre to RLD-90): Per OGC, approves rezoning to PUD instead of RLD-90. The PUD will have a mix of 90’ and 100’ lots and the property lines will line up approximately with the lots they back up to. Access will be via Pablo Point Drive. The site plan submitted as part of the PUD shows 42 lots
17-223	Amendment	(Granting a Conservation Easement to Atlantic Beach Preservation & Conservation, Inc.): NCIS: Attaches Revised Exhibit 1 (revised easement) providing for a 20-year term for the easement, extension of the easement at the end of the original term by mutual written agreement, and reimbursement of all capital and maintenance costs by the City if the easement is not renewed. Finance: NCIS amendment, except attaches Second Revised Exhibit 1 (second revised easement) providing for City reimbursement of costs only if the City declines to renew the easement.
17-301	Amendment	(Appropriating $3,241.95 Grant to Purchase Photographic Equipment for Forensic Photography Section of Medical Examiner's Office): Corrects 15% threshold amount stated in bill from $461.95 to $44.95.
17-302	Amendment	(Appropriating $103,895 from Environmental Protection Board for a Survey of Tree Canopy in Duval County): Corrects Explanation of Appropriation; changes carryover language to FY 2019-20; attaches Revised Exhibit 2 (revised agreement) to add clarifying language on payments and clawback language and correct technical errors.
17-303	Amendment	(Appropriating $418,778 from FDOT for Construction & Administration of the Cedar Point Preserve Trail Bridge Project): Corrects Explanation of Appropriation.
17-304	Amendment	(Appropriating $49,620 from Spec Law Enforcement Trust Fund to provide One City, One Jacksonville Criminal Justice & Safe Neighborhoods Small Grants): Attaches Exhibit 2 (certification as required by Florida Statutes) and laces On File applications from the selected organizations.
17-315	Amendment	(Adopting Recommended Findings & Conclusions for the Duval County Property Appraiser's 2017-2018 FY Budget): attaches Revised Exhibit 1 (Property Appraiser’s Budget Comparison); amends the budget to include an appropriation to a designated reserve account for half of the cost of the aerial photography professional services contract to be let in FY18-19.
17-317	Amendment	(Amend Ordinance Code Chapter 118 (City Grants) to Clarify Grant Eligibility Requirements and Approve Public Service Grant Alternative Financial Disclosure Form): On P. 3, line 11 changes “Accounting” to “Auditing”; capitalizes Comptroller and adds General after it; capitalizes Budget Circular and corrects name of Circular; corrects scrivener’s error; corrects section reference on page 9; strikes prohibition against organizations applying for grants in years in which they provide recommendations on priority populations; clarifies that certificate of good standing from Florida Division of Corporations must be issued within the last year; clarifies that appeals may be made at both the eligibility determination and funding allocation phases.
17-321	Amendment	(Appropriating $135,000 from General Fund (Playgrounds & Centers) to fund Operation of Brentwood Golf Course by Billy Casper Golf): Attaches Revised Exhibit 3 (Agreement with Billy Casper Golf); identifies start date of June 1, 2017 and end date of September 30, 2017 in bill; corrects Whereas clause to reflect that agreement is with Billy Casper Golf.
17-322	Amendment	(Authorizing Amendment & Restatement of Agreement for 2017-2021 between City, University Athletic Assn, Inc. (Florida) & University of Georgia Athletic Assn.): Requires final revenue and expense settlement report be sent to the Council Auditor’s Office upon completion; places Revised Agreement On File due to technical amendments.
17-324	Amendment	(Authorizing Acquisition of Real Property Negatively Impacted by Widening of Hammond Blvd.): provides that grant funding from FDOT shall be used first for property acquisition; includes language that approval is in accordance with Ordinance Code Sec. 122.402(b).
17-339	Amendment	(Appropriating $20,000 from Eldersource to Increase Respite Care for Elders): Attaches Revised Exhibit 1 (revised BT).
17-353	Amendment	(Appropriating $74,618.29 from Special Council Contingency to allow Return of Funds to Southwest Airlines): Clarifies in first whereas clause that Friends of Hemming Park received the grant; clarifies where the funds will be placed for the City to refund the grant; attaches Revised Exhibit 1 (revised BT); attaches Exhibit 2 (letter requesting funds to be repaid).

2017-36: Changes made from “as filed” to Becton (LUZ) substitute 5/16/17

1. Title was amended to reflect correct formatting.
2. Title contains reason for code amendments. The body of the ordinance does not contain this information again.
3. The determination (approval or denial) of a request for a reasonable accommodation (“Request for Reasonable Accommodation”) will be by the Director of the Planning and Development Dept. rather than the Zoning Administrator.
4. New Zoning Code Sec. 656.112 created to outline the process for applications for Request for Reasonable Accommodation (“RRA”).
1. Intent.

i. A separate process for the RRA to the Zoning Code is available if the strict application of the Zoning Code would inhibit the use of a dwelling by a person with a disability. Accommodations are to be considered on an individual basis. The PDD staff will assist an applicant in filling out the application.

ii. If the Request rises to the level of being a rezoning or zoning exception (a change in use), the existing process for those requests will be followed, but the newly created criteria for an RRA will be considered in addition to the standard criteria for a rezoning or zoning exception.

2. Application process.

i. PDD staff will assist applicants in filing out application. The form must instruct applicants on what is required in order for the application to be complete.

ii. Planning Director will determine if application is complete. If not, applicant will be notified of deficiencies in 3 days.

iii. Time limit of 656.125(d) (you cannot file for the same rezoning request that was denied within 1 year) does not apply to these applications unless barred by administrative res judicata.

3. Department Decision.

i. The Director will make the decision based upon the application and evidence provided. The applicant may have a hearing, or may choose not to have a hearing.

ii. If the applicant chooses to have a hearing, the Director will set the hearing at least 14 days after notice has been posted, but within 30 days of receipt of the complete application.

iii. If the choice is no hearing, the Director will set a date at least 14 days after notice is posted, but within 30 days of receipt of the complete application, that he/she will make the decision on the application.

iv. The Director will accept evidence regarding the RRA up to 5 business days before the date established for the decision, or at the hearing if one takes place.

v. A written order on the decision will be sent within 10 days of the decision. If the decision is to deny the request, the order will contain the basis for the decision.

4. Notice. The Department will post signs at 200 foot intervals on all street sides of the subject property, and post on kiosks in City Hall and the Ed Ball Building, within 3 days of receiving a complete application. The notice will give the date of decision and how to participate.
5. Criteria. The following criteria were added:

i. Whether the applicant meets the definition of a “disabled person”;

1. Outlines what the Director can request to make determination of “disability” such as information from a doctor or medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the disability; and

2. if the request is needed because of the disability.

ii. If the original request is determined to be not reasonable, then whether an alternative accommodation exists.

5. In the Springfield Overlay Districts of RMD-S, CRO-S, CN-S and CCG-S, the uses that were considered “legally nonconforming special uses” are now permitted as of right if they were authorized in the property’s underlying zoning district.
6. In the Springfield Overlay districts, the following permitted and permissible uses must now meet the performance standards and development criteria set forth in Part 4 of the Zoning Code. If the use does not currently have standards in Part 4, this allows standards to be applied when they are developed for those uses.
1. RMD-S: Housing for the elderly, nursing homes, group care homes
2. CRO-S: Homes for the aged, Hospice facilities, Nursing homes,
3. CCG-S: Residential treatment facilities, Emergency shelter homes.
7. Zoning Code Definitions.
1. Community Residential Home is not a boardinghouse.
2. Added definition of “disabled person” (See pages 22-23 of substitute)
3. Added definition of “Dwelling, multiple-family” to mean a building containing more than one dwelling unit.
4. Added to existing definition of “Dwelling, one-family or single-family” that a Community Residential Home of 6 or fewer residents, meeting Part 4, is considered single-family.
5. Revised existing definition of “Dwelling unit” to clarify that it is a residential use.
6. Added reference to “Major life activity”
7. Added reference to “Physical or mental impairment”
8. Moved a portion of the definition of “Reasonable Accommodation” to the Sec. 656.112 criteria for determination of reasonableness.
9. Added to existing definition of “rooming house” the conditions that would evidence that a use is a rooming house, such as signs, interior locks, etc.

Added to the definition of “supportive services” that the services are to be subordinate and ancillary to the residential character, and that provide assistance to the resident.

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