No recommendation reached on rezoning of 590 Jasmine after contamination and flooding concerns

A city board in Atlantic Beach on the rezoning case for 590 Jasmine (REZN26-0001) failed to reach a recommendation after a split vote, leaving the decision to the City Commission. Staff recommended approval of the amended special planned area (SPA), while residents and some board members urged more environmental review and protections.

Staff neighborhoods director Amanda Askew summarized the application, saying the site was rezoned to an SPA in 2019 to consolidate six lots into three developable parcels and that the current request would update the written description and site plan. Amanda said Phase I and Phase II environmental assessments identified recognized environmental conditions, including visible solid waste and used tires and “unknown buried soil waste” in the southern portion of the property, which the Phase II report characterized as a moderate-to-high environmental risk.

The SPA amendment would formalize a conservation easement over the rear portion of the lots (closer to the intercoastal) to avoid disturbing suspected buried trash, change lot widths (Lot 1 proposed at about 38 by 90 feet, Lots 2–3 at about 32 by 90 feet), and set minimum 3-foot side yards and a 20-foot front yard setback. Staff noted that lot coverage would default to the city’s 45% limit where not specified and recommended the amendment because it reduces density compared with the RS-2 baseline and adds conservation protections.

Neighbors and residents questioned those protections at the meeting. Anna Nulp said she “respectfully oppose[d] the proposed development,” arguing the three proposed homes would be oversized on narrow lots with minimal separation and raising public-health concerns tied to Phase II findings. Tori McGill, who said she is pregnant, cited groundwater and soil-safety worries and urged further testing. Lorien Anderson described regular flooding on West 6th Street, said the southern marsh area had been filled decades ago and therefore would not function as natural flood storage, and warned additional fill could worsen neighborhood flooding.

The applicant, Zach Miller, said the 1,900 square-foot figure in the submission is the total conditioned/heated area and that, with a possible second story, the footprint would be closer to 1,000 square feet. He said the development team will record a conservation easement on the plat and confirmed there will be a backyard fence to deter access to the conserved area. Civil engineer Charles Kennedy told the board the design intends minimal grading, raised house pads on stem walls to meet FEMA elevations, gutters routing stormwater to the rear, and that the intercoastal’s tidal behavior will drive flooding more than the small amount of runoff from the lots.

Board members pressed staff and the applicant on whether Phase I/II results were available at the time of the 2019 SPA approval and whether the revised SPA meaningfully improved the neighborhood outcome. Staff said the 2019 SPA already allowed three lots oriented to West 6th Street and that the current proposal increases the recorded conservation area and adds setbacks and other clarifications; staff also said that if ground is disturbed during construction the developer must comply with Florida DEP remediation rules.

After public comment, a motion to recommend denial of the revised SPA was made and seconded. The board’s roll call produced three votes in favor of recommending denial and two votes against; the motion failed, and staff said the board will forward the application to the City Commission with no formal recommendation. Staff indicated the item will require two readings at the Commission and tentatively noted the second meeting in June (staff cited June 22) as the next procedural step.

The board adjourned following the decision. The record notes that Richard Arthur, Greg Relais and Rick Farren were absent for the meeting and Nancy Stott was serving as an alternate.