Exh 8D~ ~ ~,
RICHARD A. MiJI,LAN7EY
ZiENERAL COUNSEL
JOHN T. At.DStSON, JR
TRACEtr I. ARPEN, JR
LEE S. Cueirrr
DEXrEx V. DAMS
Hwnx M I:tASffxTr
LOREE L. FAENCx
L. TtmiESA HARDEN
Str[AxxE S. HowARD
LASNAxDA R. Joxxsox
Jowv R. Jou.Y
HOWARD M. MALn
TNFxESA R. MATCF~I'T
NEtu W. MCARTHUR, JR.
PAen. H. McLESTER
>>
OFFICE OF GENERAL COUNSEL
CITY..OF JACKSONVILLE
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CITY HALL, ST. JAMES BUILDING
117 WEST DWAL STREET, SUITE 480
JACKSONVILLE, FLORIDA 32202
May 4, 2000
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June 12, 2000
CINDY A. LAQUIDARA
CHIEF DEPUTY GENERAL COUNSEL
ERNSr D. Mus.ttx
Douot.ASS E. Muses, JR.
Vmo[N[AB. NORTON
BRUCED. PAOE
C-men R PEEK
GAY[.EPstxis
GREOO~RYK RADLINSKI
RAYMOND P. REID, JR.
VtactR REYxows
STEVExE. RoNAN
KAw. J. SANDSes
EDWARD C. TANNEN
Mlc~tns. B. WIDNF•7t
L[xx~C. W¢tt~Ms
AxttioxY B. ZsaouNt
Allen Jensen, Esquire
Post Office Box 50457
Jacksonville, Florida 32240
Re: Petition for Waiver
Dutton Island Intracoastal Waterway
Park Expansion
Dear Mr. Jensen:
Enclosed is a Petition for Waiver that should be executed by the City of Atlantic Beach and
City of Jacksonville in order for the City of Jacksonville to receive reimbursement of a portion of the
acquisition costs. Please review, complete item 2 and have the Petition for Waiver executed by the
City of Atlantic Beach.
Ve truly yours,
Gv~ ~.
Suza a S. Howard
SSH/jbs
Enclosure
G:~sharcd\SHO WARD\HO WARD.MIS\j a nscn.ltr.wpd
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OfFce Telephone Writer's Direct Line Facsimile Writer's E-Mail Address Ofrice Web Site
(904) 630-1700 (904) 630-1726 (904) 630-1731 SHoward@coj.net www.coj.nedgc
: ~ ~ 8D
. ~ June 12, 2000
'PETITION-FOR WAIVER
of Application of a Portion of Rule 9K-4.002, F.A.C.
This Petition is being submitted to the Florida Department of Community Affairs ("the Department")
pursuant to the provisions of Section 120.542, Florida Statutes..
The major subsections of this Petition address the portion ofthe Rule which defines a "Preacquired"
Project Site or portian of a Project Site.
1. Name of Agency: Florida Department of Community Affairs
2. Name of Petitioners: City of Jacksonville
c/o Anne Peery, Director
Parks, Recreation and Entertainment Department
851 N. Market Street
Jacksonville, Florida 32202
Telephone: (904) 630-3535
Fax: (904) 630-4105
City of Atlantic Beach
C'
3. Attorneys for Petitioners: Suzanne S. Howard, Assistant General Counsel
Office of General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
Telephone: (904) 630-1726
Fax: (904) 630-1731
4. The Applicable Portion
of the Rule: .
5. The Statute the Rule
is Implementing:
6. The Type of Action
Being Requested:
Allen Jensen, Attorney for City of Atlantic Beach
Post Office Box 50457
Jacksonville Beach, Florida 32240
Telephone: (904) 24b-2500
Fax: (904) 246-9960
Rule 9K-4.002(26), Florida Administrative Code
Chapter 380, Part III, The Florida Communities Trust Act,
Florida Statutes (F.S.)
The Petitioners seek a temporary waiver from the literal and
technical interpretation of one aspect of a Rule which has led
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June 12, 2000
to a result unintended by the Statute and which has resulted in
an unfair and unintended situation causing hardship for the
Petitioners. This waiver request is for Dutton Island
Intracoastal Waterway Park Expansion.
-The Florida Communities Trust ("FCT") is a nonregulatory
agency ofthe Department which is authorized in Chapter 380,
Part III, F.S.
FCT assists local governments with the implementation of the
conservation, recreation and open space, and coastal
management elements of their local comprehensive plans
through a program of grant awards to local governments for
land acquisition for the purposes of a natural resource
conservation and outdoor recreation.
Rule Chapter 9K-4, F.A.C., which governs FCT and requires
that "preacquired" portions of a Project Site be acquired by
the applicant within a specified time frame applies in this case.
According to Subsection 9K-4.002(26), F.A.C., the term
"Preacquired" means "the Project Site or a portion of the
Project Site has been acquired by the applicant through a
,~ voluntarily-negotiated transaction within. one year prior to the
application deadline or will be acquired by the applicant within
180 days after the application deadline."
The Petitioners seek a waiver of that portion of the Rule
which requires that all preacquired portions of a Project Site
be acquired by the applicant within the time frame specified
above. The Petitioners request that the time Iimit for
preacquisition of the Centex Homes portion of the Dutton
Island Intracoastal Waterway Park Expansion Project (FCT #
99-018-P9A) be .extended from December 2, 1999 to
December 20, 1999, the date of acquisition.
By granting this waiver, FCT would prevent an undue
hardship to the City of Jacksonville, by allowing the City of
Jacksonville to receive the reimbursement of a portion of the
acquisition costs for the Centex Homes portion of the Project
Site. Without such reimbursement, it will be difficult for the
City of Jacksonville to fund other preservation projects.
7. The Specific Facts that The Petitioners submitted a grant application to FCT for the
Justify a Waiver: referenced project on May 28, 1999. On September 24, 1999,
the FCT Governing Body voted to approve the project for
'' funding as a matching funds project. It was the intent of the
_2_
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June 12, 2000
Petitioners to acquire the Centex Homes portion ofthe Project
Site within the specified grant time frames.
The closing of the Centex Homes portion of the Project Site .
was delayed because the legislation that provided. approval of
the Real Estate Purchase Agreement between the City of
Jacksonville and Centex Homes was submitted to the City
Council of the City of Jacksonville in June 1999 but was not
adopted by the City Council until September 28, 1999 and
approved by the Mayor until October 5, 1999. Further
delaying the closing was the fact that the Real Estate Purchase
Agreement for unknown reasons was not executed by the
Mayor and Corporation Secretary on behalf of the City of
Jacksonville until December 17, 1999.
By granting this waiver, the Centex Homes portion of the
Project Site which was acquired by the City ofJacksonville on
December 20, 1999 would be eligible for funding under the
FCT grant program. This would alleviate a potential hardship
for the City of Jacksonville. Therefore, denial of this waiver
request could result in a reduction of land acquired by the City
ofJacksonville for preservation.
~"~."''~
8. Reasons Why a Waiver Under the facts of this particular case, granting a waiver of a
Would Serve the Purposes strict application of the Rule would serve the purpose of the
ofthe Underlying Statute: underlying Statute. The expressed intent of Chapter 384, Part
III, F.S., is to "...assist local governments in bringing local
comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation
and open space, and coastal elements of local comprehensive
plans, or in conserving natural resources and resolving land
use conflicts..." [Subsection 380.502(3)]. The requested
waiver would help the Petitioners meet nearly all of the
referenced objects. The Dutton Island Intracoastal Waterway
Park Expansion Project will help complete the goals,
objectives and policies ofthe conservation, and recreation and
open space elements of the City of Jacksonville's
comprehensive plan.
Approval of the requested waiver would also help serve the
underlying purpose of the Statute that the strongest
application be funded by FCT. Once the strongest
applications have been identified and approved for funding, it
is the intent of the Statute that FCT assist each winning
applicant with the acquisition of the Project Site whenever
possible.
-3 -
9. Is the Petitioners' Request
for a Permanent or
Temporary Waiver:
10. Respectfully Submitted by:
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June 12, 2000
The requested waiver would also support the underlying intent
of the Statute to provide funding for approved projects on a
reimbursement basis. The requested waiver would simply
allow the City of Jacksonville to receive reimbursement
funding.
Under the facts ofthis particular case, the Department's strict
and technical application of the Rule would lead to an
unreasonable, unfair, and unintended result.
Strict application of the Rule would cause financial hardship
to the City of Jacksonville in that it would reduce the amount
of money available to acquire other lands for preservation.
The Petitioners seek only a temporary waiver of the Rule.
The Petitioners ask only that the Rule be waived under the
facts of this particular case with regards to its 1999 grant
award for the Dutton Island Intracoastal Waterway Expansion
Project (FCT Award # 99-018-P9A).
'""„';
Print name: Date
Title:
CITY OF JACKSONVILLE
Print name; Date
Title:
CITY OF ATLANTIC BEACH
'"*~~ GasharedlSF-30WARDIAGREELEA.SSH1Dutton island Application.wpd
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Telephone (904) ?fib-2540
a~.~ly c. ~lvsEiv
Attorney at Law .
935 North 1liird Street
Post Office Box 54457
Jacksonville Beach, Florida 32?~0-0457
SD
June 12, 2000
Facsimile (904)_ 24b-9960
May 19, 2000
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James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
~6 M M c~
RE: Petition For Waiver
Dutton Island Intracoastal Waterway
Park Expansion
Dear Tim:
Enclosed are copies of a letter I recently received from Jacksonville's Office of General Counsel
and a Petition For Waiver to be submitted to the Department of Community Affairs. Basically, this
allows Jacksonville to obtain reimbursement of a portion of the costs they contributed to acquisition
of Dutton Island.
I have reviewed the petition and my file on this case and find it to be in order. If you wish to put it
on the next City Commission agenda for authorization to sign, please let me know so that I can
advise the attorney at the Office of General Counsel. Both David Thompson and George Worley
should have knowledge regarding this matter.
If you have any questions, please do not hesitate to contact me.
Enclosures
AC7/sky