County Commissioners discuss "Canopy/Scenic Road" designation

Cindy Jackson

July 25, 2019 4:35 p.m.

The meeting of the Board of County Commissioners on the evening of July 22, 2019, was rather uneventful -- with one notable exception. And the exception was the result of a small group of residents on the south end of Amelia Island paying close attention to what goes on in and around their neighborhood.

Specifically, were three ordinances up for consideration to declare certain streets as a “canopy/scenic road” – Anthony Street, Karen Street and Orange Avenue.

As noted on any number of official documents, the designation as a “canopy/scenic road” is intended “to preserve and enhance the unique maritime forest which benefits the health, safety and general well-being of the inhabitants of Amelia Island.”

Also often stated is that “Tree protection is beneficial to the county by providing environmental and energy efficiency safeguards, improving community appearance and quality of life, enhancing property values, and creating a functional living environment for existing and future residents.”

Nassau County adopted its “canopy/scenic road” ordinance in 2001. Since then, the following roads have been so designated: Suarez Bluff Road, Manucy Road, Buccaneer Trail/CR105A, Gerbing Road, Scott Road, Amelia Island Parkway, and Meadowfield Bluff Road.

To receive this designation, certain criteria must be met including:

• a demonstration of support defined as “a petition of the lesser of either of fifty-one (51) percent or two hundred (200) property owners who abut the road

• the presentation of a tree survey inventory conducted by a certified arborist

• reports outlining historical and ecological significance; and

• reports containing relevant traffic information.

This designation provides a number of protections including the following restrictions:

• the county shall not widen or increase the number of lanes on any of the county roads designated as scenic/canopy roads.

• outdoor advertising signs are prohibited; and

• no trees, except as identified in Florida's Most Invasive Species List which have attained a diameter of eight (8) inches or more at a point four and one-half (41⁄2) feet above average ground level within the zone shall be removed

Designating Anthony and Karen Streets as “canopy/scenic roads” occurred without incident and passed by the unanimous margin of 5-0.

Those ordinances protect 20 feet on either side of the platted rights-of-way (ROW).

However, when discussion commenced on designating Orange Avenue as a “canopy/scenic road,“ several residents of the area took to the podium to ask questions. Those questions and concerns quickly turned into expressions of opposition and all related to the tree inventory.

Resident sentiments were echoed by Bruce Jasinky, a member of the Planning and Zoning Board, who indicated he was representing members of the Sandpiper Mobile Home Court.

While in favor of the “canopy/scenic road” designation, Jasinky noted that Sandpiper Mobile Home Court residents, object to an additional 10 feet being added to the buffer zone.

When reached by telephone for clarification, Jasinky reiterated that there are no trees beyond the 10-foot ROW. Consequently, with no qualifying trees to justify the addition of another 10 feet in the buffer area, he made the case that it would make no sense to expand the buffer zone. Such an encumbrance, he explained, could in fact, result in a decrease in resale values of affected properties.

To that point, County Attorney Michael Mullin cautioned that such an action could in fact be interpreted as a “taking of private land” – an issue with which, ostensibly, no county wants to grapple.

Also speaking at the podium was Teresa Prince, an attorney with the firm of Tomassetti & Prince, representing their client, The Enclave.

As a representative of The Enclave, Ms. Prince, agreed with that discrepancies existed in the tree inventories and in so doing, emphasized, “We are in full support of getting it right.” She then advocated for a continuance of consideration of the proposed ordinance.

Adrienne Burke, Director of Planning and Economic Opportunity, intervened on behalf of county staff and noted that revised site plans for Enclave II were received just a few days before and neither she or staff had a chance to review.

In the course of the discussion one speaker was quick to point out, “You can’t rely on the goodwill of the developer.”

All things considered, the proposed ordinance to designate Orange Avenue as a “canopy/scenic road” has been continued until August 12, 2019.

For more detailed information on Native Canopy Tree Protection go to https://www.nassaucountyfl.com/DocumentCenter/View/15261/Section-3702-Native-canopy-tree-protection?bidId=

More detailed information on these recent petitions for canopy designations, can be accessed at https://nassaucounty.novusagenda.com/AgendaPublic/MeetingView.aspx?MeetingID=452&MinutesMeetingID=-1&doctype=Agenda

Editor's Note: Born in Hagerstown, Maryland, Cindy received her BA in Political Science from Dickinson College. Upon graduation, Cindy began her career on Capitol Hill working as a legislative aide and director. She later became a part of the public relations and lobbying team of the American Iron and Steel Institute and served as director of the office of state legislative affairs for the Aircraft Owners and Pilots Association (AOPA). Cindy was involved in economic development with the state of Maryland, and served as executive director of Leadership Washington County. As a community volunteer, Cindy participates in numerous volunteer activities serving as a member of Sunrise Rotary, and as board member of Cummer Amelia Board of Directors.