FBCC tentatively approves vacation of portion of Gum Street ROW

Submitted by Suanne Z. Thamm
Reporter – News Analyst
July 20, 2017 2:00 a.m.

 

Once again on July 18, 2017 the Fernandina Beach City Commission (FBCC) considered vacating a portion of the Gum Street right-of-way (ROW) between Citrona Drive and the Egans Creek Greenway at the request of the Nassau County School District. This time, it appears that concessions have made the proposal more palatable to the FBCC. The ordinance passed on First Reading with a 4-0 vote (Mayor Robin Lentz abstaining) with the added condition that the School District remove the Atlantic Avenue fence. Final passage will depend upon the resolution of the fence issue.

Last year the School District surplused its property surrounding the ROW. The property was advertised for sale and has been under binding contract with a developer, but the question of Gum Street has proved to be an obstacle in obtaining clear title to the land.

The City Commission tabled this Ordinance (2016-40) at first reading on December 6, 2016, following an outpouring of concern from citizens echoed by commissioners with respect to conservation matters and maintaining access to the Egans Creek Greenway. A joint meeting between the FBCC and the Nassau County School Board did not appear to resolve the differences between the parties.

During the intervening months both the School District and the developers reexamined their position in light of concerns that had been expressed. School Board Attorney Brenda Ezell attended the FBCC meeting as well as Ward Beard, representing the developer W.R. Howell Company.

City commissioners, who had heard from citizens in neighboring Shell Cove, as well as the developer, also seemed to modify their stance. Commissioners accepted that the property, already zoned residential (R-1) would be developed with or without the vacation of the Gum Street ROW. Over the past months, commissioners had met individually with the developer to look over development options. The developer presented two plans for their consideration. The first one included the ROW and the second did not. Commissioners appeared to agree that the first plan was preferable, a view shared by Shell Cove neighbors, who under the second plan would have found themselves closer to their new neighbors than they had originally believed when they purchased their homes.

In order to address some of the FBCC and citizen concerns the School Board added a memorandum of understanding to the request to vacate the ROW, which included the following language:

a) Florida Department of Transportation (FDOT) surpluses and transfers clear title to the City to two (2) parcels on Egans Creek that are contiguous to the School Board property and Gum Street in order to satisfy the requirement of Section 70-40 of the City Code regarding access to other property, and if FDOT does not deed these parcels to the City by the time for approval of the preliminary plat for Amelia Bluff subdivision by the City, the property owner shall dedicate property sufficient for ingress/egress, satisfactory to the City, for access to/from the FDOT properties along the Egans Creek Greenway contiguous to the Gum Street right-of-way; and

b) The School Board or its successor in interest shall transfer clear title to all jurisdiction wetlands on the property to the City in fee simple to be set aside as conservation land; and

c) The School Board or its successor in interest shall donate $115,000 to the City for use in the City’s land conservation efforts.

Beard presented a slide that showed the 5 acres of land from the parcel that would be put into conservation as well as the land that would be turned over to the city along the Egans Creek Greenway. Access to the Greenway would continue from Hickory Street.

After two local residents voiced objections on the grounds of tree removal and conservation, commissioners weighed in. Vice Mayor Len Kreger said that the situation has “progressed to a reasonable solution,” reminding the audience that the privately owned property will be developed under its current zoning (R-1). He moved approval, and Commissioner Tim Poynter seconded.

School District Attorney Brenda Ezell

Poynter asked the School District attorney if, “as an offer of good will,” the School District would agree to a fourth condition: removing the chain link fence along the Atlantic Avenue sidewalk that borders the Nassau County School District’s Administration Building. Ezell said that she could not respond on behalf of the School District because this had not been discussed with Superintendent Dr. Kathy Burns.

Poynter noted that any action of the FBCC would need to come back for a second reading before it could be finalized. The intervening time would allow Ezell to consult with her clients to see if agreement could be reached.

Commissioner Tim Poynter

In light of the discussion and with concurrence of other commissioners, Poynter suggested approving the ordinance vacating the portion of Gum Street on first reading to include the three points laid out in the Memorandum of Understanding and a further fourth condition: to remove the fence along Atlantic Avenue. Vice Mayor Kreger accepted Poynter’s amendment and second.

Ward Beard

Commissioner John Miller asked Ward Beard to clarify some of the developer’s intentions before the commission.

Beard verified that the plan the developer prefers (the one including the vacation of Gum Street) would develop 32 lots within the 15 acres they are purchasing, provide internal streets, and move the retention pond closer to Citrona Drive. There would be no houses fronting on Hickory Street or Citrona Drive.

The alternative (without the Gum Street vacation) would develop Hickory Street and include five new houses fronting that street along with two fronting Citrona. “We are not in favor of that,” Beard said.

Beard said that his company understands the city’s development restrictions, including setback requirements that will reduce tree removal. “We will not clear cut the property,” he declared. He said that he is already dealing with city arborist Early McCall. His company has done work on other local developments such as Ocean Cay and Seaside, where they worked to save trees. He emphasized that while he does not live in Nassau County, his firm is committed to provide quality development to the area.

Miller said that in light of past experience he does not trust city ordinance to save wetlands. However, he believed that the conservation designation would do so.

Mayor Robin Lentz, who had to abstain from voting on the ordinance because she is an employee of the School District, reminded commissioners that the $115K provided for in the Memorandum of Understanding must be set aside to purchase more land for conservation.

City Attorney Tammi Bach recapped the city’s conditions for final approval of the ROW vacation. She also asked Attorney Ezell to inform Superintendent Burns that the city has taken care of liability issue with the removal of the fence and will accept the transfer of risk.

When the vote was taken, four commissioners voted in the affirmative and Mayor Lentz abstained, citing her conflict of interest.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.

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Betsie Huben
Betsie Huben(@betsie-huben)
6 years ago

Am thinking that no development should be permitted to take place in the vicinity of the Eagan’s Creek until such time as the recently reported unacceptable E. coli bacterial levels in the creek are sourced and resolved.

mike spino
mike spino (@guest_49193)
6 years ago

Hey Kathy Burns! Remove the fence or no deal.

Margaret Kirkland
Margaret Kirkland(@kirkland-mrk)
6 years ago

Tried to post this yesterday, but the site wouldn’t let me. I am concerned about the misrepresentation of the two citizens who spoke. As you know, I was representing Amelia Tree Conservancy, thus representing the views of at least 450 citizens.

This sale hasn’t closed yet, so please let the School Board know that you’d like for them to back out of the contract. This is a terrible tragedy for the city because it is probably the last undeveloped property in Fernandina Beach owned by the public that contains maritime forest.