By Susan Hardee Steger
June 6, 2018 3:30 p.m.
Nassau County’s Building Official has issued a stop work order on a hotel development underway on the south-side of Sadler Road on Amelia Island. The stop work order cites the following:
“Violation of tree protection plan that was accepted by Nassau County 9via site plan) SP17-013 Amelia Island Hotel, made effective October 31, 2017 in accordance with Article 37, Sections 37.02 of the Land Development Code.”
“Removal and/or damage of protected trees without authorization; Article 37, Section 37.02(b)(2) and Section 37.02(I)(1) Land Development Code.”
Update:
Taco Pope, director of the Department of Planning and Opportunities, sent a letter informing the Fernandina Investment, LLC in Columbia, South Carolina, developers of the hotel property, that violations included “unauthorized tree removal, depositing of soils and other materials within the defined tree protection zones and improperly located tree protection barricades.”
The letter also identified 5 trees removed without authorization resulting “in a loss of 103.75 inches DBH (Diameter at Breast Height) credited toward the tree protection requirements of the site.” The letter indicated several locations where “excavation has taken place within the reqjired tree protection zone utilizing a methodology, likely excavated with a backhoe, which ripped the root structures as opposed to utilizing a ‘clean cut’ methodology.
The “Stop Order” will remain until violations are rectified.
Many thanks to our code enforcement department for their swift actions on these violations. The coordination between departments is to be commended. Mr. Pope’s letter demonstrates the commitment our county has to protect our environment here on Amelia Island while still allowing development.
It also demonstrates the complete lack of respect for the environment on the part of this developer. Those were mature trees they destroyed. Stop work orders are not enough there should be harsh fines to pay for blatant disregard of the tree ordinances. The sickening arrogance of this developer. Disgraceful.
How can they possibly ‘rectify’ the damage done to our island? Harsh fines and requirement to replant MIGHT be enough to discourage this sort of wanton destruction in future, but for these outside companies, their only goal is to get in, make a buck (destroying whatever in the process) and get out, leaving our island in much worse shape. Tree canopy and our ancient trees give us beauty, shade, and protection from storms. Cut them down and we are ugly, hotter, and more vulnerable. But, doesn’t matter to these carpet bagger developers – they get in, make their buck, and leave us impoverished.
Nancy, this firm is apparently from South Carolina so a descriptor like carpet bagger is not historically accurate. Plunderer would suffice. Forget fines, they should be made to replant mature trees in the exact spot they were removed from.
Unfortunately I predict they will pay a per tree fine of a diminius amount and agree to replant some trees in some off the island swamp land. Seems to me the permit to begin development should have clearly been noted which trees were not to be removed, if any. A violation of that agreement should be a criminal act not a civil or administrative action as it is now as it is done with malice and forethought.
Vince, under the county’s tree protection code, the trees that could be removed are to be clearly “red flagged” and protection barriers around all other protected trees are to be erected before and work is done. This clearly was not done per Taco’s letter. It will be interesting to see the remedy action required by the County as this moves forward.
Developers need to be “graded” on their work. If they have violated ordinances, they deserve an “F” (harsh fines as well) and should not be permitted to continue. Developers who work within the existing environment, obey ordinances, use existing buildings instead of building new (stay within existing footprint) should be graded “A”. It is shameful how this developer purposely defied our ordinances–harsh fines indeed.
The Hilton Hotel chain has a group dedicated to global hotel development. Concerns about how the developer of the Sadler property is respecting Fernandina Beach community values should be directed to this individual:
Glenn Goerke
Senior Director
Florida, Mississippi
Tel: 1 901 374 6553
[email protected]
This is just the beginning. All of the county property adjoining this (both sides of Sadler to the west) is in the process of being flipped to commercial. You can probably kiss another 8 or 10 acres of tree cover goodbye.
The developer had to have an approved site plan issued by the county. If these trees were in the approved area for the building structures, they could assume that permission was attained for there removal. If the developer took it upon itself to remove them for any other reason, they should be dealt with to the full extent of the law.
Unfortunately “full extent of the law” consists of a nominal per tree fine. It was more profitable for them to ignore the law, rip out the trees and pay the fine. Same thing happened over on the Parkway at the new development of the senior living center. Tore out many more trees than they had permission to and just paid the fine because, in the long run, the fine was less than the cost of leaving the trees. Unless and until laws with REAL teeth in them are passed and enforced, this will continue.
It is my understanding that the Nassau County Code Enforcement Department has scheduled a public hearing for June 12, 2018, concerning this matter.
Somehow I’m not impressed by the response. They will go in, ask for a fine, pay it and move on. Just like the developers of the senior living development on the Parkway did when they went ahead and removed many more trees than they were approved to take out. In the long run it costs them less to pay the fine than work around the trees. Until the laws have some teeth in them, including jail time and HEFTY fines as well as requiring they replace the trees with trees of equal value, it will continue.
If the “fine” were a stoppage of work for say five years or until the trees grow back into their pre removal state, I guarantee these “mistakes” would not happen. These characters all know the game, pay the fine and move on. It is a dance for the the politicians who can say we did what we could alas that evil developer made an error and did what they could to mitigate it. As Teri says above, unless the laws have some actual teeth as in jail time and huge fines, the beat will just go on. Seemingly all that can be done by the concerned is to stamp our feet.
We should all attend the June 12 Code Enforcement hearing. We should also attend the 6:00 meeting of the County Commission on June 11, when they will be considering the revised Amelia Island Tree Protection & Replacement Ordinance. It isn’t perfect, but far better than what we currently have in the unincorporated part of the island. Please attend.
Agreed 100%! If someone has commented here about their disgust with the current system and the builder-owner-developers lack of concern for our island and its trees, I would expect to see each and every one of them at these upcoming meetings. Make your voices heard!
Ditto from the Mason’s, we are discussed by all the destruction on the only properties left on Sadler with the huge, beautiful oaks that help protect us and beautify the entire beach road. I have photos of the property before they removed most of the big trees, it shows they were tagged but not color specific as to leave or take out. They tag to confuse so no one knows which ones are to be destroyed until they are gone. I’ve watched the developers push debris into the south greenway tributary and place barriers only after the first stop work order was issued, then it was lifted and more trees removed and a retention pond dug before the next stop work order was in place. We have to be on guard day and night to save the island from destruction, where and when is it going to end! Please attend these meetings and send emails to your commissioners voicing your concern.
This activity is not limited to property in the county – a current project just east of the hotel project along Sadler Road lies within the city. I visited this site today and no tree protection zones have been established (as of yet). The following is an from the city code:
“F. Protection of trees during development activities
1. Protective measures are required during site development in order to
assure the health and survival of protected trees. Protective measures
are required to avoid:
a. Mechanical injuries to roots, trunk, and branches;
b. Injuries by chemical poisoning;
c. Injuries by grade changes;
d. Injuries by excavations; and
e. Injuries by paving.
2. A tree protection zone shall be established around each protected
tree(s) as follows:
a. If the drip line is less than six (6) feet from the trunk of the tree,
the zone shall be that area within a radius of six (6) feet around the
tree.
b. If the drip line is more than six (6) feet from the trunk of the tree,
but less than twenty (20) feet, the zone shall be that area within a
radius of the full drip line around the tree.
c. If the drip line is twenty (20) feet or more from the trunk of the
tree, the zone shall be that area within a radius of twenty (20) feet
around the tree.
3. All development activities, except those specifically permitted by
Section 4.05.09(F)(5), shall be prohibited within the tree protection
zone, including any construction of buildings, structures, paving
surfaces, stormwater retention or detention ponds, and temporary
construction activities, including all digging, storage of construction
material, and parking of construction vehicles.”
“4. Prior to the commencement of construction, the tree protection zone
shall be enclosed within a fence or similar barrier as follows:
a. Wooden posts, at least one and one-half (1½) by three and one-half
(3½) inches, shall be implanted in the ground deep enough to be
stable and with at least three (3) feet visible above ground.
b. The wooden posts shall be placed not more than six (6) feet apart,
and shall be linked together by a rope or chain.
5. Permitted activities within the tree protection zone:
a. Excavating or trenching by utilities service providers for
installation of underground utilities. Underground utilities shall be
no closer to the tree than ten (10) feet.
b. Placement of sod or other ground covers, and the preparation of the
ground surface for such covers.
6. The root systems of protected trees shall be preserved when installing
fences and walls. Postholes and trenches located close to trees shall be
dug and adjusted as necessary to avoid damage to major roots.
Continuous footers for masonry walls shall be ended at the point larger
roots are encountered and the roots bridged.”
As I witnessed today, none of this existed.
Sent e-mail to Hilton as follows:
Glenn:
I assume that you are aware of the problem reported at https://fernandinaobserver.com/uncategorized/nassau-county-issues-stop-work-order-on-sadler-road-hotel-development/#comments
I think that Hilton would be very well advised to try and get out ahead of it. Make the statement that you want to be good neighbors and are very disappointed at your contractors’ treatment of the trees. Commit to supporting the Amelia Island Tree Conservancy. Publicly distance yourself from the contractor, hold him account table and rebuke him.
You may have other actions to add to these, but these will make a good start.
Mike
Michael R Harrison Ph.D
820 Someruelos Street
FERNANDINA, FL 32034
Tel: 904.491.1259
Until we can get the city and county to work together so that every county property annexing into the city must follow the city’s tree ordinance before any excavation or the first shovel is allowed on the property we are barking up the wrong tree. Plus the fact that the fines in the city and county must have more teeth than just $3.50 per inch removed. $3500 is simply the cost of doing business.
Part of the lesson here is that there is literally no one monitoring compliance. If we expect enforcement, it’s going to take a village. If you see something questionable- #1 if at all possible, take pictures of violation, #2 take the time to call the City or County Building Department and be persistent.
If we want measurable results and compliance it’s up to local residents.
Alert: Monday the 11th is the County Commission meeting to discuss the proposed changes to the county’s land development regulations in regards to adopting the new County Tree Ordinance for the unincorporated county areas of Amelia Island. We need this to pass for there to be any hope so people who are concerned with the tree canopy need to be there. If you check out http://www.nassaucountyfl.com/…/Amelia-Island-Tree… —it might take you to the proposed changes.
You can’t ‘rectify’ taking down a tree. Once it’s gone, it’s gone. There should be expensive penalties for not following agreed upon plans. Hit them where it hurts- in the pocket. That’s the only way you will get developers to adhere to the rules and regulations.