At
our general meeting , Eric Titcomb brought us up to
date on the status of Crane Island.Crane Island page
05 July 08 Law suit update
The effort to stop the large-scale development of Crane Island will come to trial Oct. 6 and 7 in the Circuit Court on Centre Street in Fernandina Beach. The suit has received several positive boosts from Circuit Court Judge Brian Davis in the past year as several motions to dismiss the case brought by the Amelia Island Company’s attorney working on behalf of Nassau County have been denied.
The suit, brought by three members of the Nassau Sierra Group executive committee [formal approval for the Nassau Group to support the legal action came too late for the Sierra Club to be named as a plaintiff], is against Nassau County for illegally changing the comprehensive plan and future land use map (FLUM) in order to approve a planned unit development for Crane Island of 163 homes plus a 90-slip marina.
Crane Island is a small maritime forested island – a hammock with a number of large heritage oaks -- that lies between Amelia Island and the Intracoastal Waterway.
It dominates the view from the A1A bridge that is the primary access to Amelia Island. It has a colorful history: it was granted to freed slaves following the War Between the States and for many years its sole inhabitant was a woman who led a hermit’s existence, made her clothing from burlap, and kept intruders at bay with a gun. It passed to the current owners through a series of tax lien sales. It is surrounded by wetlands that are claimed by the current owner.
In the early 1990s, when Florida counties were required to create comprehensive plans and future land use maps, the state required that Crane Island be categorized as conservation/wetlands with a population density of one house for each five acres (43 houses). Ever since, the land owners and developers have tried to change that designation to residential, every time being denied by the State Department of Community Affairs (DCA). In 2006, the Nassau County Commission voted to change the comp plan and FLUM citing an obscure section of the comp plan.
The plaintiffs include Eric Titcombe, who for many years as environmental chairman of the Nassau Sierra Group has fought the zoning change; Robert Weintraub, also head of the East Nassau Homeowners’ Council, a community umbrella group, and Julie Ferreira, who is also a leader in the Concerned Friends of Fernandina. Three other plaintiffs have dropped out of the suit as a result of pressure and threats from the developer. The plaintiffs are represented by Ralf Brookes of Cape Coral, a land development attorney who has represented Sierra Club interests in the past.
The City of Fernandina Beach, named in the original complaint, has rescinded its approval of the memorandum of understanding between developers, the County and City that led to the illegal action, so the City is no longer involved.
But the developer – the Amelia Island Company (AIC) – is very much involved and has taken over the lead of the defense from the County. The AIC filed several motions to dismiss the suit. However, in a hearing with Judge Davis at the end of June, the AIC withdrew most of its objections. Since then, the AIC has challenged the right of the three plaintiffs to bring the suit saying they lack “standing,” in legal terminology they are not harmed more than the general population is harmed by the county’s action. In the spring of 2008, following another hearing, Judge Davis did rule that the three did have standing and a trial date was set.
A mediation effort will be made in September (as required by law) but it is unlikely there will be a settlement because the core of the issue is the county’s violation of the law.
Our suit’s focus is that a county cannot change its comprehensive plan and future land use map without state approval. The DCA told the County this in so many words in 2006, but the County Commissioners ignored this and improperly used the (now infamous) Section 1.09.03 of the comprehensive plan as a basis for doing so. We have a very strong case with solid court rulings as well as expert witnesses to support our contention that this was illegal.
The actions of the AIC and its attorneys are costly. The Friends of Crane Island Coalition has raised more than $20,000 so far with most of that already used for legal fees. We expect attorney fees and the costs of expert witnesses for the trial will require another $5,000. It is unfortunate that the public must spend this kind of money to assure that its elected officials obey the law. But, the way the law is set up, this is our only option. More fund raising events are being planned.
The stakes are high. If we cannot sustain the legal action the County, City and developers will know that the public does not have the heart to make a significant challenge to illegal actions and they will be free to do whatever they please. If we can persevere we can deliver an important lesson to elected officials. We’ve drawn a line in the sand. We must hold that line.
01 Feb 06 Crane Island
At
our general meeting , Eric Titcomb brought us up to
date on the status of Crane Island.
Eric, a longtime resident of Amelia Island, has been actively involved in the Sierra Club's protection efforts since the early '90's.
He brought us up to date on the proposed project beginning with the Timucuan tribe who left middens on the island. After the purchase of the island in 1887 by the Broadbents, Alice Broadbent lived on the island as a recluse until she disappeared when her cabin was burnt down in the early 50's.
Current plans to develop the island began with George Register who wanted to develop 440 units along with some commercial property. This morphed into the Civitas development plan for 169 dwelling units and a 90 slip marina. This month's plan looks much the same with the developer mutating to a local investor: The Amelia Island Plantation.
There
have been many changes since 1990: the owners have changed, the developers
have changed, the projects have changed, and the county and city
commissioners have changed. The only constants have been the Sierra Club's
efforts to protect this wetland, and the wetland itself.
The area in question consists of the island, a maritime forest with about 75 upland acres, surrounded by wetland acres. The north end of the island which is a 30 acre spoil site, is used by the Florida Inland Navigation District when dredging.
The upland forest is mixed woods, at an average height of seven feet with no part of the woods more than eleven feet above the waterway. The woods and surrounding marsh protect clean water by absorbing pollutants and sediment. They provide habitat for wildlife and nurseries for fish and shellfish.
The State of Florida's future land use map designates this area as "conservation land use". This designation allows one residential unit per five acres.
This month's developer wants this county commission to give residential zoning to the area. Failing that, the developer wants to transfer "density" from other properties that they own on the island.
The concept of transferring "density" converts development into some sort of density unit. If a developer has not used an allotted density on one part of Amelia Island, they believe that density can be transferred to another part. If we built three holes of a golf course instead of condos over here, then we should be allowed to build the condos somewhere else that we choose.
The current residents of the wetlands have not registered any comment on this density swap concept. Presumably, the birds and shrimp will migrate to the area of swapped density units.
This month's developer has this month's plan before this month's county council. They will decide whether to follow their own previous zoning plan or to change the plan again this month. This month's birds are beginning to nest.
Bob McGinness
It has been over 50 years since the sheriff’s men sifted through the ashes of Alice Broadbent’s cabin on Crane Island. Little remains of the Broadbent family’s time on this small parcel of maritime forest. In fact, there are no dwellings or modern structures of any kind. The land is much as it was, with only the occasional interloper from a survey crew or developer’s tour to tromp along old paths.
Alice no longer guards the shore or frightens off passersby with her shotgun. Now, corporate jets land at the nearby airport to bring passengers to vacation on beautiful Amelia Island, heading for the Plantation or the Ritz Carlton. The visitors probably don’t know the little island they fly over once had a protectress to keep the marshes from being filled, to keep the old magnolias from being cleared away, and to keep the old tribes’ middens from being dug up to park pleasure boats.
Now the threat is not from poachers or trespassers, but from developers and attorneys who would not only like to build, but to increase the density six-fold. For many years, the Sierra Club-Nassau County Group has fought the overdevelopment of this environmentally unique and important little island. Recently, other groups have become interested and are lending their support to the defense of this property.
A coalition to protect this special place has been formed by representatives of Amelia Island Association, East Nassau Homeowners Council, the Concerned Friends of Fernandina, and the Amelia Pilots Association. The groups plan to organize members to attend meetings, track issues and, if necessary, bring legal action to prevent overdevelopment of Crane Island.
Please stay tuned and try to attend meetings: on Sept. 6th Nassau Co. Planning Board; and on Sept.26, County Commission. Both are scheduled at the Yulee County Building.
Eric Titcomb
previously
Bunkum: this is the only word which can describe Mr. Healan’s letter last week on Crane Island. To suggest that the Amelia Island Company is a benevolent organization dedicated to finding worthy environmental projects is not credible, not feasible, and resembles a politician’s election promise. When a developer tells you he is looking out for public interests, be very, very afraid.
The "environmentally sensitive" project will involve removing not only trees, but digging out the center of the island itself to create an "upscale" marina. The area currently designated contains Native American middens, as located by the Florida Archaeology survey. The only land set aside for conservation would be wetlands and setbacks which cannot be built upon anyway.
Because the proposed development is on a part of the island designated conservation / wetland by the future land use map (FLUM), not zoning, the Civitas Corporation has a right to build one unit per 5 acres. To increase density in a coastal high hazard area serves no environmental or public interest at all. This would certainly be contrary to the lofty ideals of Mr. Healan.
The close relationship between Civitas, represented by Mr. Buddy Jacobs, and the Amelia Island Corporation, also represented by Mr. Jacobs, belies a spontaneous gesture by the AIP to further environmental interests. A "slash and burn, pave and plant" style company, to quote Mr. Healan, is environmentally repugnant, but you certainly know where they stand. The openly exploitive developer could be the mugger, but the pseudo-environmental developer is a cat burglar, using stealth to accomplish the environmental theft.
Please Mr. Graham, Mr. Jacobs, Mr. Healan, get a new storyline. Your investors want a return, we know that. You don’t want more density for public good or environmental betterment. More density means more money.
We appreciate your past acts, donating Nana, setting aside land on the plantation, fighting superWalmart off the island, and work with the Nature Conservancy. We will not dwell on any past negative acts, preferring to dwell on the positive. Nonetheless, past credits do not forgive obvious problems with the Crane Island project.
Will there be hiking trails open to the public under AIC’s patronage? Will Alice Broadbent’s homesite still be paved over? Is the AIC going to remove the guts of the island and dig up middens? How much buildable, currently conservation, upland will be set aside for conservation under AIC? Please do not include the 35 acres of Florida Inland Navigation property when you are calculating good deeds. How much wetlands will be disturbed with roads and bridges to the island ? Will affordable housing be included? Do you believe the wetlands surrounding the island would still support the birds and other wildlife now located there? What would be the relationship between Royal Amelia Golf Course and Crane Island? What about concurrency issues, and evacuation issues? We will only mention the issues with the adjoining airport, the airport supporters can continue to address those problems.
The idea of "giving" density to the Crane Island development is an idea previously rejected by the County Commission. To create a special case for this proposed development flies in the face not only of the environment, but of basic democratic government. We urge you to abandon this plan and focus your energy and resources elsewhere.
Sincerely,
Eric L. Titcomb
Nassau County Sierra Club