The Nassau County Board of County Commissioners (BOCC) voted 4-1 to approve a settlement agreement with Riverstone Properties that will allow the developer to build eleven 85-foot condominium towers on the south end of Amelia Island.
Both of Amelia Island's commissioners A.M. "Hupp" Huppman and John Martin voted for the settlement along with Jeff Gray and Klynt Farmer. Martin and Farmer reversed themselves from a year ago when the voted against Riverstone. Alyson McCullough opposed the settlement.
The vote, absent of any discussion by commissioners, stunned the overflow crowd in attendance at the James Page Government Complex. The commission had heard 20-plus speakers voice objections to Riverstone's proposal. No speakers with the exception of Riverstone's attorney supported the project.
At first even Huppman appeared to support rejecting Riverstone's settlement as he gave an 3-minute speech ending with "Let's figure out a way to obtain this property and lock it down for the future of all of Nassau County. That's where I stand," he said. His remarks were met with applause but just seconds later, he did an about face and made the motion to accept the settlement as onlookers sat in disbelief.
"Based on the review of the settlement agreement I find the settlement is in the public interest served by the regulation... and appropriately necessary from inordinately burdening the Riverstone property. Therefore it is my motion that we approve this settlement," Huppman said.
"What? What?" people in attendance blurted out.
No other commissioners explained their vote on the matter.
The settlement agreement was reached after months of negotiations between Riverstone and the county. It requires Riverstone to build a 100-foot buffer from the highway to the development, a 200-foot buffer on the southern boundary and a 25-foot buffer on the northern boundary. It would allow the 85-foot towers and a total of 150 “luxury” single family units. Riverstone would donate land for a beach access with amenities. The settlement will require the county to pay Riverstone $250,000 in attorney fees.
The county's outside lawyer recommended approving the settlement. "Even if the county would win in litigation, these are things you wouldn't receive," she said. "You have to weigh the risks versus the costs of litigation."
Both Martin and Huppman later made statements at the close of the meeting after the majority of people had left the meeting room.
"We're still in litigation....regardless of the vote that happened tonight. Our hands were figuratively tied as to because if the vote went the other way and we rejected the settlement and explained how we got there it would have hamstrung our attorneys to then pursure that litigation going forward," Martin said. "I could not based on legal advice and common sense explain to the general public to how I got to and why I voted the way I did. Once this litigation is complete I can then give that explanation...it's more than just people who live in a certain area."
Hupmann closing comments again added confusion to his position.
"My intent is for the county to find a path and a vision to obtain this property and perserve and protect it and put it in the system. Not expend untold resources through litigation and not have those funds available to try this effort. Let's do it right, let's get it, buy it and lock it down," Huppman said.
The settlement was met with anguished reactions from the community. Most residents were disappointed that the county had agreed to allow such tall buildings to be built on the island.
"We'll see you at the ballot box Hupp!" one spectator yelled as he exited the meeting room.
Peter Brual of Amelia Island held a huge photo of the beachfront as he spoke prior to the vote. “can you see it? Can you see it? Condos over the canopy tree tops!” He shouted.
Richard Dean, Fernandina Beach said “when I read the settlement I thought it was an April Fool’s joke. If you approve this you’re telling the developers ’you get a free pass’ while everyone else has to follow the development code.”
Miranda Roberson of the Sanctuary said “twenty years from now when you see those condo towers over the trees will you say you know in 2023 I voted to have those towers built. That’s my legacy.”
The Amelia Tree Conservancy, a local conservation group, has said the development “is a tragedy for our island.” ATC maintains that the towers would destroy the natural beauty of the south end of Amelia Island and harm the environment.
Conserve Nassau, another conservation group, also expressed disappointment with the settlement. Island conservationist Margaret Kirkland said that the land should be conserved and added to the state park. “This land is largely maritime forest and wetlands that are critical for future storm protection on the south end of the island,” Kirkland said. “It is also a sensitive wildlife habitat and corridor.”
The BOCC’s decision to approve the settlement was ultimately a financial one. The county had already spent thousands of dollars defending itself against Riverstone’s lawsuit, and it was facing the prospect of paying even more if the case went to trial. The settlement agreement will save the county millions of dollars in legal fees, and it will also bring in millions of dollars in tax revenue from the development.
The BOCC’s decision is a victory for Riverstone, but it is a defeat for the conservation groups and many residents who had hoped to see the land preserved. The development is sure to have a significant impact on the south end of Amelia Island, and it remains to be seen whether the benefits of the development will outweigh the costs.
If we all work together, we can do this. We have done it before with the southend state park. There is more than one way to skin a cat.
For 30 pieces of silver...
Disgusting.