City considers move toward “business friendly” code change

Submitted by Suanne Z. Thamm
Reporter – News Analyst
October 12, 2014 5:38 p.m.

JOAsAt its first Regular October meeting held on October 7, 2014, the Fernandina Beach City Commission (FBCC) considered adopting city ordinance 2014-30, which would allow property owners to combine lots in so-called “Job Opportunity Areas” on North Fletcher, South Fletcher and Ocean Avenue.  These areas were identified as such in the Economic Development Element of the city’s Comprehensive Plan.  In effect, the proposed ordinance would create an exception to Section 4.02.02 of the city’s Land Development Code (LDC), which prohibits lot combinations resulting in a lot width of more than 100 feet on these same three streets.  Should the ordinance pass, lot combination restrictions will remain in force for those properties located along the same three streets that have not been designated Job Opportunity Areas.  After considerable discussion the ordinance passed on first reading on a 4-1 vote, with Commissioner Pat Gass dissenting.

Senior Planner Kelly Gibson
Senior Planner Kelly Gibson

Senior City Planner Kelly Gibson presented the item to commissioners for their consideration.  Commissioner Gass spoke up almost immediately, asking whether the “job opportunities” created by such combination would result in $50K jobs, or be confined to $23K jobs associated with hotels and restaurants.  Gibson said that there is no current application pending, but several commercial developers have expressed interest in creating projects in these areas if they can combine lots.

DSCN3314Gass wondered why any potential developer could not just request a variance to that part of the LDC and let the Board of Adjustment rule on the merits of a particular project.  City Manager Joe Gerrity reminded commissioners that because of concerns of earlier commissions that lot combinations along the ocean might result in elimination of view corridors and building of “McMansions” along the beach, the commission had approved LDC language that both prohibited lot combinations and forbade requests for relief from such limitation via the variance route.  Gass said that building a large hotel in one of the job opportunity areas would destroy view corridors.  She preferred the ability of an individual developer to request a variance to the existing code language.

Commissioner Charlie Corbett asked if this proposal only applied to areas zoned C-1 in the 3 identified job opportunity areas, and Gibson replied that it did.  Gass said that she wanted to encourage development but not at the expense of view corridors.

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David Caples
David Caples

At the invitation of the FBCC, David Caples rose to speak.  Caples, a member of the Tourist Development Council and former owner of Elizabeth Pointe Lodge, spoke to the area immediately south of Main Beach, which he said is one of the last areas where the city could encourage attractive development if the change were to be approved.

Gass said that by prohibiting variances to allow lot combinations, the city had “inadvertently tied our hands behind our backs.”  Mayor Ed Boner said that it seems to make sense to allow these specific lot combinations.  He expressed support for broadening the policy to include areas zoned R-3.  Gibson and Gerrity stressed that such a change was not being considered under the current proposed ordinance.

Finally, Vice Mayor Sarah Pelican reminded commissioners that they were only hearing the proposed ordinance on first reading, and that staff could consider FBCC concerns in bringing back the ordinance for second reading and public hearing.  Corbett moved and Commissioner Johnny Miller seconded the approval of the ordinance on first reading, and only Gass voted against the motion.

During the City Manager Report at the end of the meeting, Commissioner Joe Gerrity attempted to clarify the role of the FBCC and city staff with respect to proposing code changes.  He reminded commissioners that it is their job to set policy, which they do through adopting the city’s Comprehensive Plan.  Staff receives its direction through the adoption of that plan.  He emphasized that staff does not come up with the changes “on its own,” but as a consequence of the policy adopted by the FBCC.

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