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Planning board approves conditional use for plant nursery in Heron Isles PUD; neighbors raise tree and wildlife concerns

2220252 · February 4, 2025
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Summary

The Nassau County Planning and Zoning Board approved CU 2024-020 to allow a plant nursery in the commercial neighborhood portion of the Heron Isles PUD on Chester Road. Staff recommended approval subject to standard development review conditions; neighbors asked about tree removal, gopher tortoises and traffic.

The Planning and Zoning Board approved a conditional use permit, CU 2024-020, to allow a plant nursery in the commercial neighborhood (CN) portion of the Heron Isles Planned Unit Development, on a parcel at the southeast corner of Chester Road and Pages Dairy Road.

Planning staff, represented by Elizabeth Beck, recommended approval under Land Development Code section 15.04, saying the proposed nursery and a future small office component are consistent with the PUD's allowance for neighborhood commercial uses that serve adjacent residential areas. "Any applicable regulations shall be met for establishment of use, to include setbacks, lot coverage, height, landscaping," Beck said.

The site plan submitted with the application shows the nursery as Phase I with a covered shade area, customer parking, a small (about 800-square-foot) office and an on-site private well for irrigation; the office portion (Phase II) would connect to sewer and water via JEA. Beck told the board that drainage, parking and access from Chester Road are provided on-site and that the nursery is expected to generate less traffic than the office uses previously permitted for part of the parcel.

Agent Nick Gillette said the current plan removes much of the office acreage previously shown on an approved plan and replaces nearly 27,000 square feet of potential office space with the nursery. "We're taking nearly 27,000 square feet of that office away and replacing it with a nursery," Gillette said. He told the board there would be no wetland impacts from the nursery and that a 200-foot band of wetlands and uplands would remain between the nursery and adjacent residential lots.

Two nearby residents spoke in opposition, citing concerns about tree removal, wildlife and property values. Dana Hammock, whose home abuts the parcel, said she bought with the understanding the land would be preserved as green space and said removal of trees and habitat would "devalue my property and way of life." John Spiker, speaking on behalf of a relative and citing neighborhood concern, asked whether protected species such as gopher tortoises had been surveyed and noted a previous nearby nursery that went out of business and later fell into disrepair.

Staff and the applicant said environmental and development-review processes would address those concerns. Gillette said the project will require ordinary environmental reviews and that specialists will survey for protected species during the development-review phase; Beck confirmed that appropriate permitting and any required mitigation or species-handling measures would be required before site work begins.

After discussion, a board member moved to approve CU 2024-020 based on the record evidence and staff findings; the motion carried on a voice vote.

Condition: staff recommended that the rights assigned by the conditional-use approval be transferable and run with the land; final site and building requirements will be reviewed during subsequent permitting and development-review steps.