Submitted by Susan Hardee Steger
September 1, 2014
On August 28 after four hours of mediation attorneys for First South National Bank and the City of Fernandina Beach failed to reach an agreement on a property dispute regarding a City of Fernandina Beach Board of Adjustments variance denial. According to Deputy City Manager Marshall McCrary, Nick Gillette of Gillette & Associates, provider of engineering services for a proposed apartment project on the South 14th and Lime Street property, will now work on project revisions to demonstrate compliance with the City’s requirements. Once the revisions are presented, the opposing parties will then determine if the revisions are acceptable.
On May 21, First Bank South appeared before the Board of Adjustments (BOA) to request a deviation from the Land Development Code. First Bank South’s variance request was to develop within wetlands, to fill wetlands, and to reduce the vegetation buffer. During the meeting public comments from both city and county residents voiced objection to the variance request. The BOA on a 3 – 2 vote denied the request. First Bank South is now in mediation with the City after filing a lawsuit.
As the mediation began Special Magistrate Bill Burchfield, a former environmental lawyer, said the purpose of the mediation is to resolve the differences between the city and bank that grew out of a request for a variance to the zoning code filed by the bank and denied by the City.
Mike Mullin attorney for First Bank South said the bank was not aware of wetlands issues and prohibition by the City. Although the City’s comprehensive plan states there is no building in the wetlands, Mullin believes there are contradictory statements in the comprehensive plan that indicate otherwise.
Special counsel for the City Attorney David Willis, of Rumberger, Kirk and Caldwell, said the City’s “hands are tied” because the comprehensive plan does not allow building on the wetlands. Although the City does permit certain low intensity uses such as parks and recreation on wetlands, the filling of wetlands is prohibited. Lewis said, the filling of wetlands is a “long standing element and something the public weighed in on and felt strongly about.”
Willis stated the bank is proposing an apartment complex. Fourteen acres is within the City of Fernandina Beach of which 6.5 acres are wetlands and 7.5 uplands. The property is zoned medium density, yet the bank is proposing high intensity zoning of apartments. The bank wants to fill the wetlands to construct apartments that are not allowed on the property.
In addition Willis said a variance request is a minor deviation of rules. The bank is interested in filling in all of the wetlands and asking the BOA to ignore the rules completely.
Unless an agreement is reached, the special magistrate will continue mediation on September 25.
Was unaware? pleeeeezzzzz