The Nassau County Commission by a 5-0 vote Monday designated Shadow Woods Lane as a county Canopy/Scenic Road, reversing a decision last week by the county Planning and Zoning Board.
The unpaved, gravel road is lined by a total of three houses on each side and ends with a home on a 3.5 acre riverfront lot that has since been purchased by Amelia Baptist Church. Homeowners have been concerned with plans by the church to partner with developers to construct high density units on the property. The church has since dropped those initial plans.
A week ago, the Planning and Zoning Board voted 6-0 to reject the homeowners' petition for the canopy road designation even though Nassau County staff said the street met all the criteria.
"This sometimes happens at lower board meetings," said Commissioner Hupp Huppman, after making a motion to approve the roadway. "And again, that's why we're (the county commission) entrusted to consider all of the evidence and competent, substantial evidence."
Canopy/Scenic Road designation now sets limits on Shadow Woods Lane for the width of the road; the setting of classes of vehicular travel, including weight and height limitations of vehicles; and, tree protection. No trees, except as identified in Florida's Most Invasive Species List which have attained a diameter of eight inches or more at a point four and one‐half feet above average ground level within the zone shall be removed.
Opposition to the designation was led by Planning and Zoning Board member Ron Flick, a Fernandina Beach developer who is currently embroiled in a dispute with the city over plans to build townhouses on land known as the Tringali property. Flick repeatedly raised issues with property rights, right-of-way access and development issues despite county staff providing answers to the contrary.
Before voting, County Commissioner Klynt Farmer asked if the Canopy Road appointment had impeded development of any property in Nassau County.
"It does not intend to infringe on private property rights," said County Attorney Denise May, of the ordinance which was passed in 2003. "It intends to protect trees. There is a method, there are procedures to come forward to develop."
Following the vote, Farmer gave his opinion of the Planning and Zoning Board meeting stating "It's probably one of the most bizarre meetings I've ever watched."
Commissioner Jeff Gray also said the Planning and Zoning Board had erred in denying the canopy road petition.
"Substantial and competent evidence is what county commissioners have to rely on. You have to focus on what the application is, not what could be, would be or should be," he said.
Shadow Woods Lane homeowners hired local attorney Teresa Prince to represent the petition before the county commission.
Prince told commissioners the canopy road petition had met all of the conditions of the ordinance and was approved by county staff. She said issues raised at the Planning and Zoning Board were not valid and were covered by other county regulations.
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