Residents demand city reconsider parking variance for 71-unit apartment complex

Posted

A proposed 71-unit residential complex with an adjacent medical office building is facing intensifying public backlash, as residents from the surrounding neighborhoods are urging city officials to reverse a parking variance they say threatens to overwhelm the area’s infrastructure and sidestep established land use law.

 

At Tuesday night’s Fernandina Beach City Commission meeting, approximately 18 residents living near the project site — located between 14th and 15th streets, next to the Coastal Oaks community — took to the podium to protest what they argue is a dangerously inadequate parking plan for the development.

 

The land, owned by Darius Property LTD and put forward by Gillette & Associates, has received approval to move forward with a reduced parking requirement — a decision many locals call both legally questionable and logistically reckless.

The core issue centers on the city’s decision to grant the project a variance that reduces the required parking from two spaces per dwelling unit to just one. According to Fernandina Beach’s Land Development Code (LDC), specifically section 7.01.04A, the 71-unit development should be required to provide at least 160 parking spaces. However, city planning staff justified the variance by citing the Live Local Act, a piece of Florida legislation intended to encourage affordable housing development by easing certain zoning restrictions.
 
Residents contend that the law is being misapplied.
 

“The Live Local Act does not compel cities to waive parking requirements,” said Fred Pugh, who spoke on behalf of a coalition of concerned residents and submitted a petition with 309 signatures opposing the project in its current form. “It clearly states that developments must still satisfy the municipality’s land development regulations for multifamily housing, including parking and setbacks.”

 
The development fronts both 14th and 15th Streets
The development fronts both 14th and 15th streets
 
 
Pugh cited Florida Statute 166.04151, noting that while the legislation allows for increased building height and density, it does not override local authority on parking. He warned that reducing parking at this scale will not only create traffic congestion but also push the overflow into nearby residential areas and business lots.
 
“If young adults move into these apartments … there could be three, four adults. All have jobs, all have cars,” he said. “If it’s a young working family with children, nowadays, both adults probably work. They need a place to park.”
 

“There’s no parking on 14th Street. If they park on 15th Street, they’ll convert that into a one-lane road with two-way traffic,” Pugh continued.

 

The debate over the Darius project’s parking plans dates back to late 2024, when initial city correspondence confirmed the need for 160 spaces. However, in December of that year, city staff reversed course, arguing that the project qualified for less stringent C-3 zoning standards under the Live Local Act.

That interpretation was sharply challenged Tuesday night by Jim Crotti, a resident of South 15th Street, who has tracked the issue for months.
 

“C-3 standards only apply to developments in the Central Business District. This site is not in the Central Business District — not even close,” Crotti told commissioners. “The Live Local Act doesn’t grant developers a blank check to ignore the rules.”

 

Crotti emphasized that the city’s own Land Development Code explicitly states that where there is a conflict in standards, the more restrictive rule applies — a legal safeguard intended to protect not just new developments, but also the surrounding communities they impact.

 

Crotti added that the city’s land development code is intended “to protect the existing developments,” and that when conflicts arise, “the more restrictive standards shall apply.” He argued the city had “misinterpreted the law in making their decision and did not consider the impact of the surrounding neighborhoods.”

 

Pugh closed his remarks by calling on the city to reverse the parking variance, stating that the decision “is foisting the responsibility and the needs of this development back on their neighbors and the community.”

Crotti and Pugh both urged commissioners to instruct city staff to reassess the parking requirements using the correct legal framework and consistent zoning standards.
 
The commission did not take immediate action, but several members acknowledged the level of public concern. None of the current commissioners could recall a parking space variance being granted to the developer.
 

"I know there's a medical building and they talked about sharing parking. We'll just have to see the details of the new project submittal," Minshew said.

 

As the project remains in planning phases, residents indicated they would continue to monitor the city’s next steps and push for compliance with existing regulations.

Comments

9 comments on this item Please log in to comment by clicking here

  • CrottiFam

    Mike, Thank you for the coverage. Just to clarify: Public comment relative to 'variance' was incorrect. No variances were given nor requested. The objection is relative to the application of parking standards for C3 zoning when the project is C1 & C2. And, information given to us in November was by phone call upon receipt of the records request for the submitted plans. We gave a detailed assessment of our objection to the clerk, should you care to see a copy of it feel free to contact me. Thank you again for your support. Annette Crotti

    Friday, August 8 Report this

  • SandyKerry

    What timing! Some might remember now city mgr Teresa Prince’s affiliation with Darius Property, Ltd. as Registered Agent.

    Sunbizorg CORPORATIONS

    an official State of Florida website

    Department of State / Division of Corporations /

    Rejected Filing

    DARIUS PROPERTY, LTD

    Filing Information

    Document Number

    Filed Date

    Expire at Usual Time

    Penalty Fee

    W23000130161

    09/07/2023

    Y

    00.00

    Associated Document Number

    Document Type

    Filed By

    TERESA L. PRINCE

    303 CENTRE STREET, SUITE 203

    FEMANDINA BEACH, FL 32034

    Document Images

    No images are available for this filing.

    Note Darius Property, Ltd filed 9/7/23 was rejected. (Doc # W23000130161) Filed by

    TERESA L. PRINCE

    303 CENTRE STREET, SUITE 203

    FEMANDINA BEACH, FL 32034

    City pre-application planning mtg was held 8/22/23 -2 weeks prior to corporate filing which was rejected.

    Change in owner name on application never noted.

    Next filing in name of Darius Property, Ltd, was filed as a foreign corporation 10/16/23 (Doc # F23000005908) and NOT rejected and registered …

    Friday, August 8 Report this

  • Editor

    Ms. Crotti, this quote was directly from Pugh: "It's our understanding that the city has given this project a parking variance. The justification was the Live Local legislation."

    Friday, August 8 Report this

  • Editor

    Prince represented Darius when they applied to be annexed into the city. She is the city attorney, not the city manager.

    Friday, August 8 Report this

  • CrottiFam

    Response to the editor, yes Fred was quoted accurately but his statement was not accurate. There was never a variance requested nor granted. Just wanted to be clear on that. We are in agreement that the LDC should be adhered to adequately but wanted to clear the air that it is the application of C3 parking standards we are objecting to, not a variance that does not exist. I hope this makes sense.

    Saturday, August 9 Report this

  • lindareads

    It is absolutely true that one apt., 3/2, could have up to 6 cars with 3 couples renting the place. AND they will park in neighborhoods so unless there is a restriction on cars per apt they are looking for future problems with parking.

    Sunday, August 10 Report this

  • SandyKerry

    Mike,

    Yes thanks I meant Teresa Prince as the new city ATTORNEY. The main point here is the CONNECTION here - she was the attorney for Darius Property when they annexed into the city in 2023 and she is now as City Attorney perceived to have a conflict of interest since this is the same property now under consideration for the reduction in parking spaces. It should be recalled that 3 parcels were annexed in at once and rezoned under city zoning based on only 1 section [north side of Parcel A) being contiguous to the city, so the other 2 parcels (Parcels B & C) were “piggy-backed” in with Parcel A. Some creative annexing there.

    Sunday, August 10 Report this

  • SandyKerry

    Here is Ms Prince’s representation of Darius Property for the record:

    TRC 2024-0004 - GILLETTE & ASSOCIATES, AGENT FOR DARIUS PROPERTY LTD., 1520 S. 14TH STREET

    Site Plan Review for the construction of 84-unit condominium structure and a 41, 160 soft medical office.

    https://fernandinabeachfl.portal.civicclerk.com/event/4359/overview

    Meeting Date: 8/14/2025 10:00:00 AM

    PAB 2023-0050 - TERESA PRINCE, AGENT FOR DARIUS PROPERTY, LTD, SOUTH 15TH STREET AND 1520

    SOUTH 14TH STREET

    Request for Voluntary Annexation, Re-Assignment of the Nassau County Future Land Use Map Category of Commercial and Zoning District of Commercial Intensive to the City of Fernandina Beach General Commercial (GC) Future Land Use Map Category and General Commercial (C-2) Zoning District for property fronting South 14th Street and Community Commercial (C-1) Zoning District fronting South 15th Street, totaling approximately 3.47 acres of land.

    https://fernandinabeachfl.portal.civicclerk.com/event/3036/overview

    Meeting Date: 10/11/2023 5:00:00 PM

    Sunday, August 10 Report this

  • Mark Tomes

    In the larger picture, granting of variances should be extremely rare, and only in the cases of public safety, environmental concerns, etc. Land use plans go through a lot of research and discussion and tweaking, and should be adhered to religiously. So many developers and business people and residents view variances as an easy tool to alter rules, regulations, and plans for their profit, when in fact, they should be extremely difficult to obtain, and only for good reason. We would save ourselves a lot of headaches by not granting them, as a rule.

    Tuesday, August 12 Report this