BOCC accepts Riverstone settlement offer

In a surprise vote, the Nassau County Board of County Commissioners accepted a settlement offer from Riverstone Properties by a 4-1 vote, with Commissioner Allyson McCullough casting the lone vote against the settlement. 

BOCC chambers was filled and members of the public had to wait in the hall for their turn to address the commission. More than two dozen people signed up and spoke. All of them asked the BOCC to reject the settlement offer.

In 2019, Riverstone announced plans to develop the 50-acre parcel, which is between The Sanctuary community and Amelia Island State Park. Conflict ensued after county commissioners passed an ordinance limiting building heights to 45 feet in unincorporated areas of Amelia Island in 2021. Riverstone rebuked the county’s decision as the developer announced plans to construct 11 high-rise condominium towers, each 85 feet tall.

In response to this ordinance approval, Riverstone filed a lawsuit through its legal counsel, Rogers Towers, on June 25, 2021. The developer invoked the Bert Harris Property Rights Act, which protects property owners if they believe their land is inordinately burdened, resulting in a reduction of value.

The developer also claimed this ordinance will reduce the number of oceanfront properties and eliminate units with “premium oceanfront views.” Riverstone’s lawsuit seeks $27 million compensation to account for property value lost with a 45-foot building height restriction.

When the Riverstone plans were announced, there was a very vocal response from the community condemning the plan. Hundreds of people showed up at BOCC meetings when the matter was discussed.

There have been settlement offers from Riverstone to the county that allowed the developer to build the 85-foot towers.
In May 2022, a settlement agreement was presented to BOCC which would allow the 85-foot towers to be built. Two county commissioners voted to take the offer, citing concerns of a lengthy and expensive lawsuit, which taxpayers would ultimately pay for. However, the settlement was not rejected by a 3-2 vote. Since that time, there have been two new commissioners elected to the BOCC, “Hupp” Huppman and Allyson McCullough.

The settlement requires Riverstone to build a 100-foot buffer from the highway to the development, a 200-foot buffer on the southern boundary and a 25-buffer on the northern boundary. It would allow the 85-foot towers and a total of 150 “luxury” single-family units. Riverstone would donate land for a beach access with amenities. The latest version of the settlement would require the county to pay Riverstone $250,000 in attorney fees.

Commissioner Huppman was the only member of BOCC to speak before voting at the April 24 meeting. He noted the commissioners could not speak on the matter, as it is ongoing litigation, citing that is “sound judicial procedure.”

He said there is currently no plan to build 11 85-foot towers has been submitted, and none is pending by Riverstone, and that, “No development has never been an option in the 50 acres in this case.” He reminded the audience that the Amelia State Park, which is 200 acres at the south end of the island, will “never be developed.” 

Huppman said the county has never developed a plan to buy the property to protect it from development.

“We are at a crossroads; keep expending resources via an unpredictable and resource-consuming path of litigation or instead end that process, plan properly and expend our resources on efforts to properly obtain this property for preservation and protection if at all possible,” Huppman said before the vote.

He then moved to accept the settlement agreement, a motion that was seconded by Commissioner John Martin. The motion passed by a 4-1 vote. The crowd was audibly shocked by the outcome. Shouts appeared to be directed directly at Huppman, “Enjoy being a one-time commissioner,” as well as others who voted to accept the offer, including, “See you on election day.”

During the commissioners’ comments portion of the meeting, Martin said the need to keep details of the Riverstone negotiation confidential required the commission to keep things from the public that would explain their position.

“We’re still in litigation, regardless of the vote that happened here tonight,” Martin said. “What that meant, if you wondered why there was not a lot of deliberation, as commissioners, our hands were figuratively tied. If the vote went the other way and we rejected the settlement … and if we would have explained where we were and how we got there prior to that vote … it would have hamstrung our attorneys to pursue that litigation going forward.”

Huppman reiterated that he believes the path forward should be purchasing the property.

“My intent was for the county to find a path and a vision and obtain this property and preserve it and put it in the system and not expend untold resources through litigation and not have those funds available to try this effort,” Huppman said. “Let’s do it right. Let’s get it, let’s buy it, let’s lock it down.”

McCullough did not comment directly on the matter before or after she cast her vote. During the comments period at the end of the meeting, her voice cracked as she spoke of how the people of Nassau County come together and support each other.

“Whether we agree or disagree … we just have to remember that we all (have) the same big vision,” McCullough said. “When we all walk away and this is all said and done, whatever your legacy or history is, just remember, you don’t want to be the negative party. You want to be the positive, encouraging, working with what we have and moving forward.”

jroberts@fbnewsleader.com