- November 26, 2024
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In response to citizens' ongoing fight to prevent the construction of a fuel farm in Ormond Beach, Volusia County will enact a nine-month moratorium on development within its heavy industrial zoning district.
The Volusia County Council unanimously directed staff to review the I-2 "Heavy Industrial" zoning district at its meeting on Tuesday, Nov. 21, and the moratorium stops the processing of site plan applications in unincorporated areas zoned as such. In a press release, the county stated that the council's direction "permits county staff to review and potentially recommend revisions to these regulations to modernize the zoning category and reflect the current state of local communities." The ordinances will be reviewed by the county Planning and Land Development Regulation Commission for review.
After listening to many residents speak against Belvedere Terminals proposed fuel farm and asking the council to take action regarding the property's zoning, County Council Chair Jeff Brower praised the decision to pursue a moratorium and pending ordinance to review the I-2 zoning.
"I believe you're getting exactly what you asked for with this," he said. "... It gives us the possibility of changing [the zoning], not just at one location, but at any location. In my opinion, it's not punting and kicking it down the road — it's a more secure way of doing it completely in our county."
The county is able to pursue a moratorium because Senate Bill 250 was recently amended, striking the language that disallows local governments located within 100 miles of anywhere Hurricane Ian or Nicole made landfall from proposing or adopting “more restrictive or burdensome amendments to its comprehensive plan or land development regulations" before Oct. 1, 2024. Based on the changes, the east coast of Florida is no longer subject to the law.
Currently, the county's I-2 zoning, unlike others, functions as a "catch-all," without a specific list of uses, said Paolo Soria, senior assistant county attorney.
"Any industrial use is allowed by right," he said. "That's something we want to take a look at comprehensively when we're looking at the entire I-2 zoning district."
This is the latest action taken by the County Council in recent weeks to prevent the construction of a fuel farm by Belvedere Terminals at 874 Hull Road, which is unincorporated Volusia County land abutting the city of Ormond Beach. The St. Petersburg-based company plans to build a fuel terminal consisting of three tanks with about 300,000 barrels of fuel storage on site, or about 12.6 million gallons.
The moratorium lasting less than two years is a temporary impact, County Attorney Mike Dyer said, and wouldn't be considered an "inordinate burden" under the Bert J. Harris Act, enacted in 1995 to protect the rights of private property owners.
"However, no path is without risks," Dyer said.
Ormond Beach resident Robin Magleora said that, for the last three months, residents have been the ones to research Belvedere Terminals and how the fuel farm proposal came to be. They've attended meetings and expressed their concerns to both government officials and news outlets.
"The city of Ormond Beach has taken the necessary steps to keep Belvedere from building," Magleora said. "You were voted into office by your constituents to represent us — to be our voices."
While the city of Ormond Beach has no jurisdiction over the property since it's on unincorporated land, it has publicly stated it will not annex the property nor provide utilities for it. The city is also working to eliminate its own heavy industrial zoning district, an action that was recommended for approval by the Planning Board on Nov. 9. The City Commission will consider the deletion of the zoning district at its Dec. 5 meeting.
Ormond Beach resident Elena Kraft, who along with Magleora has helped organize the citizen opposition to the fuel farm, said that a county that allows a heavy industrial zoning district in proximity to neighborhoods is "not serving their constituents, but rather, the profit-driven industries."
"The question is, 'Should a zoning designation that was decided on more than 20 years ago prevent you from acting in the best interest of your constituents today?' The answer is a resounding no," Kraft said. "Yet over the past three months, we have felt that we have to convince some of you of the job you are elected to do."
County Councilman Troy Kent thanked the Ormond Beach residents — many of whom live in Bear Creek, a neighborhood located less than a mile from the proposed fuel farm site — who showed up to the council meeting.
"This is how government is supposed to work, so I want to applaud you for caring enough and showing up," Kent said. "It means something. ... This is my district. This is were I reside. ... For me, I vow to continue to fight until this is no longer an issue for us."
