Port Parking – An opinion

Submitted by Chip Ross
Historic District resident
December 1, 2014 9:01 a.m.

FUTURE LAND USE MAP AMENDMENT AND ZONING MAP CHANGE OCEAN HIGHWAY & PORT AUTHORITY OF NASSAU COUNTY (PAB 2014-12) REQUESTED AMENDMENTS TO THE CITY’S FUTURE LAND USE MAP AND ZONING MAP FOR PARCEL IDENTIFICATION NUMBERS 00-00-31-1800-0017-0100; 00-00-31-1800-0017-0110; AND 00-00-31-1800-0018-0010 LOCATED ON NORTH 3RD AND DADE STREETS FROM MEDIUM DENSITY RESIDENTIAL (MDR) LAND USE/ R-2 ZONING TO PUBLIC & INSTITUTIONAL (PI) LAND

“The Ocean Highway and Port Authority [OHPA] is asking the City for a change in zoning on the future land use map for two vacant lots. Please look where they are. They are at the entrance to the Port, across the street from the offices of U.S. Customs – Homeland Security. The vacant lots are currently zoned for residential use. Mr. Chuck Hall [and a multitude of other citizens] has expressed opposition to the requested change and has raised a number of issues.” (A Different Opinion, Clyde Davis, Fernandina Observer, 7 July 2014)

Let’s keep this simple, and look at the facts:

1. 

   In 1989 OHPA sold 501 North 3^rd Street to Fernandina Port Development. Fernandina Port Development currently is an inactive Delaware Corporation. The sale price was $1,496,200. The property is the last house on the north end of North 3^rd Nassau Terminals [Kinder Morgan] lists this address as their main office.

2. Across North 3^rd Street from 501 North Third Street is a .28-acre parcel, which is owned by Nassau Terminals [Kinder Morgan]. OHPA for a like kind exchange transferred the ownership of the property to Nassau Terminals in 1994.   The lot is partially paved and used as a parking area with a capacity of approximately 10 cars.

3. 

   Just south of 501 North Street, OHPA owns a .28-acre lot that is zoned mixed residential/commercial zoning. The lot is vacant and has been vacant for more than 20 years. OPHA pays no property tax on this lot. The property is zoned mixed commercial/residential and would allow an office building.

4. 

   In 2003 and 2004 OHPA purchased a number of lots, which they combined into two lots. The lots are at the intersection of Dade Street and North Third Street on the northeast corner [Lot #1] and southeast corner [Lot #2]. The purchase price of the lots was $332,000 (Source: Nassau County Land Records). When the Port Authority purchased the property it was zoned residential and in the historic district. The historic buildings on the property were demolished. Whether that demolition was legal was never clarified.

5. 

   Lot #1 has a total area of .29 acres. The lot adjoins residential zoning on one side and mixed commercial/residential zoning on the other. The lot is in the historic district. The adjoining lots are occupied by houses. On another lot, directly across North 3^rd Street is a structure owned by the OHPA and leased to homeland security. The building has a number of designated parking spaces. OPHA pays no property taxes on this lot.

6. 

   Lot #2 has a total area of .32 acres. The lot adjoins residential zoning on both sides. The adjacent lots are occupied by houses. The lot is in the historic district. On another lot directly across North 3^rd Street is a warehouse structure owned by the OHPA. OPHA pays no property taxes on these properties.

7. Policy 9.03.02 of the currently adopted Comprehensive Plan states:

The Port Authority shall continue to coordinate with the Fernandina Beach Historic District Council to ensure preservation and restoration of significant historical sites that fall within the jurisdiction of the Port Authority facility. Where Port property is adjacent to the Historic District, a 30 foot landscaped buffer will be maintained.

8. In the Port’s recently proposed Master Plan, the Port has proposed elimination of the 30- foot buffer.

9. In 2004 OHPA applied for a zoning reclassification on the above two lots from R-2 to IW classification. The stated reason for the reclassification was:

“The state, and its enforcement agencies, require the port to provide a designated parking area for employees and visitors that is segregated away from restricted access areas, operation, cargo handling and designated cargo storage areas. The Port desires to develop said property into an off-street parking area to accommodate port employees, visitors and other users of the port, thereby satisfying the state requirements.” (Source: Letter dated 30 August 2004 from OHPA chairman Miller to Planning Department)

10.  Seaport security standards are delineated in Florida Statute 311.12 –Seaport Security. Nowhere in that statute is there any reference to parking lots. The statute refers to federal security requirements in 33 C.F.R. part 105. Nowhere in the federal requirements is there any reference to parking lots.

11. “Parking control on a port facility is a physical security device that provides another layer with which to manage the ingress and movement of vehicles. Parking areas should be located outside fenced operation areas, particularly those areas designated restricted … Access to port employee parking areas should be restricted by a permit system, which enables port management to identify the owners of vehicles. All vehicle owners should be properly identified and credentialed…” (Source: Port Security Management, 2^nd Edition, Christopher, K, CRC Press, 2015).

12. OPHA currently owns an .82-acre lot on Front Street. The lot was purchased by OPHA in 1989. The lot was designated for parking and storage on the site plan submitted in 1986 for the initial development of the property by OPHA. No additional site plan has been submitted. The lot is completely surrounded with an 8-foot high chain link fenced topped with barbed wire. The lot is gated and well lit. The lot is currently used for parking and usually has less than 10 vehicles in the lot, from my personal observation. A prominent sign on the lot states “Kinder Morgan”.

13. Currently multiple vehicles are parked on the corner of Calhoun and 2^nd The vehicles park on spaces that are between the OHPA owned warehouse and the street.

14. Currently multiple vehicles park daily on an asphalt covered parking area on Front Street northwest of the guard house and the railroad entrance into the port. There are 11 marked parking spaces for cars and an area for parking motorcycles.

15. OPHA has one employee – their part time office manager. OPHA does not need parking for a government function. OPHA is asking for a parking area for the employees who work for Nassau Terminals [Kinder Morgan].

– On 15 April 2003 at the OPHA monthly meeting, Val Schwec [Kinder Morgan] stated “some of the proposed uses for the property are for a secured fenced parking area, or perhaps add a shoulder for safety reasons, or to create a buffer from the residential area”. (OHPA Minutes 15 April 2003, page 4)

-On 16 April 2013 Clyde Davis [OPHA attorney] at a work shop “…pointed out a couple of lots that the port owns and stated that it has been recommended to move all port visitor and employee parking off of the port operations area to these two locations.” (City commission and Port Authority Joint Workshop 16 April 2013, page 1)

– On 29 May 2014, the OHPA zoning request states “because of their location…the two vacant lots have been identified to OHPA as the optimum parking location for those who enter the Port and those who visit U.S. Customs”. (Letter to Kelly Gibson – OHPA Re-zoning Request, 29 May 2014 page 3)

16. OPHA has requested that the lots in question be re-zoned from medium density residential to:  2.01.17 Public and Institutional (PI-1) The PI-1 District is intended for the development and maintenance of publicly owned lands and structures, parks and recreation areas, public schools, and buildings used principally for government functions. Federal, State, regional, and local government land uses are permissible. (Fernandina Land Development Code, Chapter 1)

17. Section 2.03.02 of the current Land development codes allows the following uses in PI-1 zoned areas:

• – Business Colleges
• – Clubs, Public or Private; Community and Recreation Centers
• – Day Care Center
• – Government and Civic buildings
• – Medical and dental clinics
• – Music, Dancing, Photography or Art studios
• – Parking lots and Parking Garages
• – Utility Facilities, such as Electric Substations, Water and Wastewater Treatment Plants

18. Section 1.07.00 of the current Land Development Code states:  Parking lot means an area or plot of land used for the storage or parking of motor vehicles.

19. Section 1.07.00 of the current Land Development Code states: Motor vehicle means a vehicle or conveyance, which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes, and trailers.

20. Section 1.07.00 of the current Land Development Code states:  Office, business or professional shall mean an office for such operations as real estate agencies, advertising agencies (not sign manufacturing), insurance agencies, travel agencies and ticket sales, chamber of commerce, credit bureau, abstract and title insurance companies, management consultants, stockbroker, and the like; or an office for the use of a person or persons generally classified as professionals such as architects, engineers, attorneys, accountants, lawyers, dentists, physicians’ offices (not including surgical centers or outpatient facilities and whose patients are not kept overnight), veterinarians (not including overnight boarding of animals on the premises), psychiatrists, psychologists, and the like.

21. Section 2.03.02 of the current Land development codes does not allow professional offices in PI-1 zoned areas.

Based on these facts I believe:

• OHPA’s zoning request if granted constitutes spot zoning. The Florida Appellate Courts described spot zoning as: “ [A] rezoning which creates a small island of property with restrictions on its use different from that of surrounding properties – solely for the benefit of a particular property owner.” (Southwest Ranches Homeowners Addoc. V. Broward County, 502 So. 2d. 931, 935 (Fla. 4^th DCA 1987) In the entire historic district there is no property zoned PI-1. The restrictions of uses on R-2 zoning are narrow – on PI-1 zoning restrictions are broad. The only benefit of this zoning change is to OHPA.

• OHPA has adequate parking. A secure, highly visible, gated, fenced, well-lit lot exists on Front Street. Other parking is available in front of Nassau Terminal’s [Kinder Morgan] office, caddy corner to the guard shack on Front Street, and next to the warehouse on 2^nd Street.

• OHPA’s zoning request, if granted, expands the Port’s waterfront industrial footprint. The port has repeatedly stated they wish to use the lots for port employee and invitee parking – not for any governmental use.

• OHPA’s long term stated use of the area for “offices for OHPA, Port operations, and business oriented toward maritime operations” (29 May 2014 letter to Kelly Gibson titled OHPA Re-zoning request) misleads the public. OHPA has one employee. Offices for port operations and business oriented toward maritime operations are not allowed in PI-1 zoning.

• OHPA owns land appropriate for the construction of an office building. The lot next to 501 North 3^rd Street property is zoned mixed commercial /residential which allows office buildings. Alternatively OHPA could sell Lots #1 and #2 and purchase the building property at 501 North 3^rd Street, which already has a parking lot.

• OHPA, if granted the proposed zoning request, could use the Lots #1 & 2 for utility facilities, such as electric substations, water and wastewater treatment plants – which would be an expansion of the port and would be allowed by the requested zoning.

• OHPA, if granted the zoning request, could use the Lots #1 & #2 for the storage and parking of trucks that are currently parked elsewhere on the Port property – which would be an expansion of the port and be allowed by the requested zoning.

• OHPA has adequate secure parking. OHPA is disingenuous in stating that using two lots next to residential properties will improve port security. The current parking lot is completely surrounded by an 8-foot high chain link fence topped with barbed wire. There is no vegetation surrounding the compound to obscure the view of the parking area. The lot is secured by a gate. Extensive pole lighting is present. OHPA proposes to replace this with two lots next to homes, surrounded with a 30 foot vegetated buffer – to “improve security”.

• It would appear that the Port Authority’s intentions are to expand into the residential historic district. If the change in zoning is granted, this represents a precedent for future conversions of residential, historic district property into other Port Authority uses. The zoning change should be rejected.