Planning and Conservation Department director on administrative leave

Fernandina Beach Deputy City Manager Jeremiah Glisson said Planning and Conservation Department director Kelly Gibson has not yet been fired in regard to the Tringali Property.
“Kelly Gibson is on administrative leave pending consideration of the terms of a separation agreement,” he said.

During the latest City Commissioners meeting on July 15, Board of Adjustment member Taina Christner accused Gibson of violating land development codes through the approval of permits that would enable the developer to build townhomes on protected sites.

The site in question, known as the Tringali Property, is located on 3rd and 4th streets. The property has been protected under 1.03.05 of the Land Development Code (LDC) of Fernandina Beach, which involves the construction/demolition of structures on defined lots.

The city was accused of violating part C of this section, which relates to the legal procedure for building approval.

“A change from the foregoing provisions for the purpose of establishing building sites, or separation of building sites, requires supermajority approval by the Board of Adjustment in accordance with the variance approval process contained in Section 10.02.00 in a quasi-judicial hearing at which all interested persons will be afforded an opportunity to be heard,” according to part C of 1.03.05.

Christner brought this to the board claiming that on July 7 the planning department issued 16 building permits without proper approval.

“No board of adjustment hearing, no variance — just ‘poof!’ approved,” she said.
The building project on Tringali has been a topic of interest since the original plan for the land was legally halted in 2023.

The city told the News-Leader 1.03.05 of the Land Development Code is not legal protection, but "one ordinance of many that is utilized to determine how much development can occur on a site."

The developer sought approval to build townhomes on the land but was halted after a lawsuit from a group of locals who were opposed to the new addition and its effect on the historic district’s character. They sued the city over a violation of part A of 1.03.05, which vocalizes the code’s purpose.

“In order to maintain open space, visual corridors, neighborhood character, property values and visual attractiveness of residential areas,” says the declaration.

Christner said in the pre-approval phase, the project was brought before the Planning Advisory Board instead of the Board of Adjustment whose decision was necessary to start the process according to section 1.03.05 of the Land Development Code. 

The city told the News-Leader, the project was not brought before the Planning Advisory Board, but the Technical Review Committee. 

The News-Leader said in a 2023 report that the application for preliminary approval was made by City Commissioners despite not going through the Board of Adjustment.

On June 15, 2023, the group of locals, who created a group called Stop The Domino Effect, took legal action against the city in The Fourth Judicial Circuit Court of Nassau County.

“Stop The Domino Effect maintains that the city commission failed to uphold the established regulations and protections put in place by Section 1.03.05 of the LCD. That section provides that once a home has been built on one or more combined lots, the property constitutes ‘one building site’ and ‘no permit will be issued for the construction of more than one residential dwelling unit on the site.’ The only way to obtain a variance is to obtain the approval of a supermajority of the Board of Adjustment in a quasi-judicial proceeding. The group contends that the city violated these provisions by allowing the development to proceed without the approval of the Board of Adjustment,” the News-Leader reported.

In the board meeting on July 15, Christner rehashed the lawsuit with the board claiming that they are trying to do the same project under a different name. Christner was one of the plantiffs in the 2023 suit.

“Now, the developer claims this is ‘a completely different project’ because instead of 12 units and 6 buildings, it's now 12 units and 4 buildings. So, let’s be honest: That is not a different project, it's the same violation in a tighter outfit,” she said.

Christner requested the formal legal opinion that the new decision was based upon and asked for it in writing.

“I'm not here to attack the city, I'm just here asking to do the right thing: revoke these permits, restore the integrity of the process, because Fernandina Beach deserves much better than this,” she said.

Glisson said time will be allocated to the topic at the Board of Adjustments next meeting on Aug. 20.