Nassau County Planning & Zoning approves zoning changes

By Cindy Jackson

November 26, 2018 4:00 p.m.

"Despite the opposition, the Planning and Zoning Board voted to approve the zoning change, with no contingencies. It will now go to the Nassau County Board of Commissioners on December 10th."

The Nassau County Planning and Zoning Board held its regular meeting on November 20, 2018 at the James S. Page Governmental Complex.

Items which commanded the most attention and time concerned re-zoning applications.

The first such parcel under consideration was 85.7 acres involving a proposed change from Open Rural (OR) to a Planned Unit Development (PUD). Located on the north and south sides of Amelia Concourse and east and west of Old Nassauville Road between Frank Ward Road and Terra Cotta Lane, this area is to be known as “Concourse Crossing” where 247 residential properties are planned, mostly single-family homes.

Also included in the plans for this new development are three neighborhood parks. Instead of building a community park, however, Prosser, Inc., a planning and engineering firm out of Jacksonville and agent for the owner, has proposed that it will provide Nassau County a payment in lieu of a park, consistent with the Comprehensive Plan.

To paraphrase Anthony Robbins, a senior planner with Prosser Inc., payment in lieu of a community park will provide money for the benefit of all county residents not just the homeowners in Concourse Crossing. Important to note, and as spelled out in supporting documents, the county is currently drafting legislation necessary to implement a proportionate share agreement that is proposed by the applicants for this PUD. In recommending approval of the zoning change, it was further noted “It is staff’s position that a proportionate share agreement shall be considered by the Board of County Commissioners concurrently with the rezoning.”

Committee member John Stack asked about workforce housing and Emily Pierce, with the law firm of Rogers and Towers, responded that while not required, the developer did hope to include some workforce housing within the development in recognition of the great need for such a housing option in Nassau County.

While no one spoke against this proposed zoning change, per se, several neighbors of the proposed development did approach the podium expressing their concerns about buffers and fencing and especially stormwater management.

While the Planning and Zoning Board unanimously approved the zoning change, its approval is contingent upon Prosser, Inc., and the developer’s attorney meeting with concerned neighbors to make sure their concerns are adequately addressed.

During the discussion of this contingency, county attorney Michael Mullin stated the parties may face a few delays as a result of the impending resignation of public works director, Becky Bray.

Perhaps more contentious than the zoning change needed for Concourse Crossing, was the proposed rezoning of 2.53 acres on the north side of South Fletcher Avenue between Buccaneer Trail and Amelia Island Parkway from Commercial Professional Office (CPO) to Commercial Neighborhood, (CN). The residential neighborhood parcels under consideration back to the neighborhoods of Glyn Woods Court and Philips Manor Place. Elizabeth Huben, a homeowner from the area, presented a petition signed by 85 other neighborhood residents united in opposition to the proposed zoning change. Citing the more intensive nature of such a change, that fact that no traffic study had been completed and the only “need” cited in the application was for another restaurant at that end of the island to which Ms. Hubens vehemently disagreed, citing that there were already “23 restaurants from The Ritz all the way down,” and suggested that if there truly were a need, a restaurant could be placed easily where there is already lighting, parking and dumpsters. “Thanks but no thanks,” was her comment at one point.

Ms.Hubens’ opposition was echoed by Lyn Pannone, who spoke on behalf of the Amelia Tree Conservancy. Not only was she concerned about the cutting of trees but also the effect that has on water drainage. Ms. Pannone said point blank the applicant’s assertion that the planned rezoning would have no adverse impact on the environment as being, quite simply, “incorrect.” Robert Rigler, another property owner in the area also spoke in opposition to the zoning change and said “you gentlemen . . . have the responsibility for the sustainability of the quality of life” . . . yet “the burden of proof for a zoning change hasn’t been scratched.”

Back in 2000, a zoning change for that same property was approved by the county. It went from Residential Medium to Commercial. Back then, the area was referred to as “Oak Grove.” According to the ordinance that affected that change a 20-foot wide buffer was required and was to be comprised of natural vegetation provided along the northern and eastern boundaries of the property.

Mr. Rigler also said “a 20 foot buffer is a joke.”

An outline provided by county staff stated, “The proposed rezoning would be zoning consistent with the existing Future Land Use designation of Commercial (COM).” It went on to say, “this property is in common ownership with several additional parcels located at the intersection of South Fletcher Avenue and First Coast Highway that are currently designated CN.”

Gillette and Associates, a local engineering and management firm, is the agent for the parcel which is owned South Fletcher Properties LLC. Residents may recognize the principal names behind South Fletch Properties as Dr. Robert and Wendy Hogan, who redeveloped the Amelia Tavern in downtown Fernandina Beach and most recently renovated a property on Lewis Street which became Pogo’s Kitchen.

Asa Gillette, a partner at Gillette and Associates stood in defense of the project, stating “we are in the very early planning stages . . . a restaurant may not be what we want to do.” He agreed that “traffic has been tedious” since the construction of the round- about and that . . . the Parkway Grill may come down. It’s nonconforming.”

Asa’s brother Nick Gillette, a member of the planning and zoning board, recused himself from discussion and voting on this matter.

Despite the opposition, the Planning and Zoning Board voted to approve the zoning change, with no contingencies. It will now go to the Nassau County Board of Commissioners on December 10th.

Reached after the meeting, Lyn Pannone from the Amelia Tree Conservancy had this to say, “Considering that the applicant really didn't disclose specific plans for the property and the negative input from the neighbors, I was surprised that the Planning and Zoning Board had very little discussion before passing the zoning change request. As mentioned at the meeting, some of the concerns included worsening the standing storm water issues, loss of trees and the fact that we do not need any more commercial development at the south end of the island. One speaker even pointed out all of the vacant commercial space we already have. We will attend the December 10 county commission meeting when it is on the agenda again.”

The Planning and Zoning Board meets the first and third Tuesday of each month at 6:00 p.m. Members include: Linda Morris (Chairman), Scott Murray, Jeff Gray, Bobby Franklin, John Stack, Nick E. Gillette, Bruce Jasinsky, Ronald Green, Charles Rogers, Jimmy L. Higginbotham and Wayne Arnold.

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.