Item Coversheet



BOCC AGENDA ITEM

Item Title:Riverstone Properties, LLC - Bert J. Harris Claim
Date:5/23/2022
Department:County Attorney
Background:

On June 14, 2021, and September 27, 2021 the County passed ordinances 2021-08 and 2021-20 respectively which provided maximum building heights in multiple zoning districts in the unincorporated areas of Amelia Island including Residential General-2 (RG-2).  December 3, 2021, Riverstone Properties, LLC, owner of an approximately 50-acre parcel on the southern end of Amelia Island, presented a notice of impact to the County. On March 7, 2022, Riverstone Properties, LLC, presented its Notice of Claim pursuant to the Bert J. Harris Act, §70.001, Fla. Statutes (the Act) claiming $27 million in damages and invoking the statutory time for response pursuant to that Act.

 

The deadline for the County’s response is June 6, 2022.  Pursuant to the Act, the County must take one of the following actions within the statutory timeframe.

  1.  Provide a written settlement offer to effectuate one or more of eleven enumerated items in the statute which is the appropriate relief necessary to prevent the inordinate burden and protect the public interest served by the regulation.
  2. Provide a written statement of allowable uses identifying the allowable uses to which the property may be put.
  3. Issue no statement.
  4. Rescind the ordinance.
Request:
Riverstone Properties, LLC - Bert J. Harris Claim
Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
Action Requested and Recommendation:

Review and consider the proposed Settlement Offer and Agreement and either:

1.       Direct the County Attorney to present the Settlement Offer and Agreement to the claimant.

2.       Direct the County Attorney to modify the Settlement Offer and Agreement for presentation to the claimant.

3.       Direct the County Attorney to present a statement of allowable uses to the claimant.

4.       Direct the County Attorney to take any other action the Board of County Commissioners deems appropriate and in the public interest.

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
NA
Funding Source:
N/A
Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
N/A
For non-governmental agencies, has the document been sent to the vendor for signature?
Does the document need to be recorded? If so, who will pay the recordation fee?
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
N/A
How many originals are needed?
ATTACHMENTS:
DescriptionUpload DateType
Memorandum5/19/2022Backup Material
Settlement Agreement5/19/2022Backup Material