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City of Fernandina Beach/File photo
The Fernandina Beach City Commission approved, by a 4-1 vote, the annexation and Commercial zoning and Future Land Use Map designation for property between 14th and 15th Streets, despite pleas of people who live in the area and one city commissioner who voiced concerns regarding density.
The zoning and FLUM assignments that accompany annexation by the city were discussed at the the Nov. 21 city commission meeting. The 3.47 acre property was in Nassau County but outside the city limits and had Commercial Intensive zoning and FLUM assignments.
During discussions regarding the property in November, attorney Teresa Prince represented the owner of the property, Darius Property. Prince said the Commercial General FLUM assignment would not allow for use as intensive as the property’s current Commercial Intensive assignment currently on the 15th Street portion of the land. On the 14th Street portion, there is a Commercial Heavy FLUM assignment, and the owner is asking for another Commercial FLUM assignment, C2. She said the city’s Planning Advisory Board recommended approval of the changes.
Commissioner Chip Ross contends that with the passage of SB 102, also known as the Live Local Act, the property could be developed into apartments, and that if that were to happen, the number of units would be much higher if it is in the city than if it was left in unincorporated Nassau County.
Along with providing tax incentives for builders to create affordable housing (the guidelines of which have been debated), Live Local also preempts local governments’ requirements regarding zoning, density, and height to allow for streamlined development of affordable multifamily rental housing in commercial, industrial, and mixed-use zoned areas under certain circumstances; Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels; Removes provision in current law allowing local governments to impose rent control under certain emergency circumstances, preempting rent control ordinances entirely.
“(Under) Live Local, could this property be used to build apartments, with a 45-foot building height under city code, with a density of 34 units per acre,” Ross said in November. “That would allow … 130 units for that property. Under the county code, their minimum height would be between 35 and 40 units and density of 10 units per acre, for a total of 35 units.”
At the Dec. 19 meeting, the annexation and zoning and FLUM designation were considered for a second and final vote. Prince again addressed the commission about the property. She said the property will be developed whether it stays in the county or is annexed by the city, but if it is developed as a county property, would have a septic system instead of the city’s sewage system. She said that being in the county’s Commercial Intensive zoning would allow the property to be developed for use as a liquor store, “sexually oriented businesses,” or a marijuana distribution center.
“Denying this (annexation) doesn’t keep it from developing,” Prince said. “(Annexing) would allow it to be developed under the city’s standards and the city’s code and the city’s tree ordinances and parking requirements.”
She said her client has not said they wanted to develop the property under the Live Local Act “on the record to anyone in this chamber.” She said that, even if the property stayed in the county, it could still be developed under Live Local, as it is a statewide law.
“I have spoken with commissioners about this issue and Live Local, and that’s a density problem,” Prince said. “You need to fix the density.”
She pointed out that, under the county’s Commercial Intensive zoning, the property could be developed into an RV park. The county approved an RV park to be developed on Sadler Road earlier this year, against the vocal opposition of the community.
“If we don’t come in (to the city), it’s not as if it won’t be developed,” Prince said. “We will go through the city’s Technical Review Committee for whatever the owner decides to do and your tree ordinance will be followed.”
Prince said the owner of the property has not “discussed the exact intentions of what he wants to do” with the property.
Vice Mayor David Sturges said he had spoken to some engineers, who told him that, unless the property was developed under Live Local guidelines, the property could not be developed into more than 65 or 70 apartment units.
“If you are not annexing the property because you’re worried about the triple density that is triggered by Live Local, Live Local says (the owner can develop to) triple the highest density in the jurisdiction; fix the density,” Prince said.
She said the Live Local is being “looked at” by legislators, so the owner may not be able to develop the property under the Live Local laws.
“I don’t think an analysis has been done by staff or anybody else to see what the real impact of this is, if we annex it in,” Commissioner Ross said. “We’re at a crossing point here, and we keep adding and adding and adding, and we need to look at what we’re adding and the effect it’s going to have on the quality of life for everybody.”
“I don’t think this should be houses,” Mayor Bradley Bean said. “That’s why we are annexing it in as Commercial. It’s Commercial now and will be annexed in as Commercial. When I asked the applicant, either way, there is something going to be built here. It’s not that the city’s annexing it. It’s not the annexation that triggers growth. If anything, annexation is helping the growth be done in the right way. It’s no secret that we love our trees in the city. That’s why, in Fernandina, we have the strictest tree ordinance that we’ve ever had in the history of our city. In the county, not as much tree protection. I want this to be under the rule that it has sewer instead of septic tanks. These two things make it important we put it into the city.”
The commission voted approve annexation, General Commercial FLUM assignment and C1 and C2 zoning for the property on a 4-1 vote, with Ross casting the dissenting vote.
Ross also voted against annexation of two properties, 1912 and 1888 Drury Road, and Medium Density Residential FLUM assignment and zoning. Ross said the fiscal impacts of the actions had not been analyzed, and the changes were not consistent with the city’ Comprehensive Plan. Those actions passed by a 4-1 vote.
In other business, the city commission:
- Approved a budget transfer from the city manager's office into the city clerk's officefor the delegation of administrative services; the transfers were budget neutral and represented a reduction in headcount and salary and benefit savings of approximately $4,000;
- Approved an ad valorem tax exemption for property located at 322 North 3rd Street beginning January 1, 2024, and continuing for ten years for the completion of preservation efforts;
- Approved the proposal from Hubbard Construction Company for Phase 1 of the resurfacing of city streets as detailed in the streets resurfacing plan in an amount not to exceed $189,046;
- Approved the proposal from Weatherproofing Technologies, Inc. for restoring the roof of the Babe Ruth concession building located in Central Park, in the amount of $41,528;
- Accepts a 1.26 acre donation of land on Cashen Road from Patriot Ridge, LLP for conservation purposes;
- Approved a proposal from Kimley Horn and Associates for design services related to downtown revitalization in the amount of $195,000 and a contingency fund for a total project amount not to exceed $220,000;
- Renewed the contract with Deckard Technologies to perform services related to compliance with the city's short-term rental ordinance;
- Approves a Kudzue 3 Trucking & Paving Change order for asphalt paving at Fire Station No. 2 in the amount of $45,699;
- Amended certain provisions in the Fernandina Beach Municipal Airport Fixed Base Operator lease agreement with Eight Flags Aviation to provide for additions and amendments to ground lease provisions, fuel farm provisions, and providing for rented office space in the airport terminal facility;
- Established a municipal code recognizing the value of the city's historic streetscape to the character of Fernandina Beach as well as establishing a requirement for the city to keep an inventory of these resources;
- Appointed Greg Roland and Kelly Purko to the Community Development Area Advisory Board, Any Fotiades and Frank Postmas to the Code Enforcement and Appeals Board, Sevina Contreras to the Youth Advisory Committee and Froilan Esclusa to the Historic District Council.
jroberts@fbnewsleader.com
