If you don’t want development, one solution is to buy the land yourself.
After almost two hours of intense and impassioned debate about public safety, local control over development, and what to do about a proposed fuel-storage facility next to Ormond Beach, the Volusia County Council Nov. 7 voted to do just that.
The county will attempt to lease or purchase the land eyed for the fuel depot from Florida East Coast Railroad.
Background of the story
For several weeks, opposition has firmed over a proposal by Belvedere Terminals to build a facility to receive, store and ship fuels that keep people, companies and goods on the move.
The St. Petersburg, Florida, company has unveiled a $750 million plan to set up fuel-storage depots in Ormond Beach, Fort Pierce and Jacksonville, “and then another seven locations around the state over the next five years,” according to an announcement by Belvedere. The company said the goal of the expansion is “improving the state’s fuel supply chain.”
Belvedere says its planned Ormond Beach venture may be a $65 million to $70 million investment that would have storage capacity for approximately 300,000 barrels of gasoline, diesel and ethanol. A petroleum barrel has 42 gallons, so the complex could store as much as 12.6 million gallons of various types of fuel.
Critics say the huge volume of fuel in a concentrated location poses dangers of explosion or a fire. The company says the facilities are needed.
“Belvedere Terminals will meet the growing need for fuel in the state by providing refined petroleum products to multi-location retailers,” the company’s announcement reads.
“These products will move from refineries in the gulf region, up interstate pipelines to Belvedere’s hub facility in Collins, Mississippi. From there, fuel products will be delivered by trains with state-of-the-art safety standards, over existing railways to the various Belvedere Terminals storage locations throughout Florida,” the company’s summary continues.
So far, however, Belvedere has not filed an application with county planners to build such a facility on the FEC Railroad property.
Fueling opposition
The possibility of a fuel-storage complex close to Ormond Beach Municipal Airport and near established neighborhoods has kindled outrage.
“You created this mess. Don’t try to shove it off on Ormond Beach,” Nancy Bates told the council. “Our very lives are at stake. This isn’t something you can play games with.”
“I don’t want the fuel farm in my backyard. That’s like a bomb waiting to go off someday. Not if, but when,” Nicholas Agrusa, a Bear Creek Village resident, said. He noted that solar panels would be more useful on the site.
Donna Craig, who lives in Ormond-by-the-Sea, expressed concern about possible groundwater contamination.
“I like to drink clean water,” she said. “When I hear about a fuel farm, it makes my hair stand on end.”
Craig is also a member of the county’s Planning and Land Development Regulation Commission.
Council Member Don Dempsey, who lives and works in DeLand, shared his concerns.
“I’m still against this because of the airport proximity,” Dempsey said.
The role of Ormond Beach
Part of the debate was over the role of the City of Ormond Beach, which already nearly surrounds the targeted land, which is in the county unincorporated area.
But the mayor of Ormond Beach said his city doesn’t want to annex the land, or to provide water and sewage service to the fuel depot.
“There’s no benefit for this property to be annexed into the city of Ormond Beach. It would give the developer rights,” Ormond Beach Mayor Bill Partington told the County Council.
Annexation would mean the city would be required to provide sewer and water, the mayor said, noting the Ormond Beach City Commission voted unanimously against the annexation.
Nevertheless, the County Council passed a resolution supporting expansion of the city’s service area to include the fuel-depot parcel. The enlargement of the city’s service area could set the stage for annexation.
The County Council can support, but cannot mandate, the utility-area expansion, however.
The county land use and the zoning of the property are for industrial activities. If the city were to annex the 62 acres at 874 Hull Road, the county’s zoning would apply to the property, unless or until the city’s governing authority changed it.
Ormond Beach Mayor Partington said if his city refuses to extend water and sewer services to the Hull Road site, it may slow or halt the development of the Belvedere facility.
“I think it would be a substantial impediment,” he noted.
County Council Member Troy Kent, whose district includes Ormond Beach and the northeast portion of the county, sought to amend the resolution on the city’s service-area expansion, by excluding the Hull Road property. Kent’s amendment failed on a 5-2 vote. County Chair Jeff Brower joined Kent in his attempt to remove the Belvedere site from consideration.
But when the resolution came up for a vote, Kent was the only dissenter.
“Ormond Beach has clearly said they don’t want this,” he said.
Options to stop the development
On another measure, the seven County Council members voted together.
The council voted unanimously, 7-0, to approach the FEC Railroad about leasing or buying the property.
“I believe this is another tool in our tool belt, to purchase 874 Hull Road,” Kent said.
An alternate proposal for preventing development of the fuel depot was to rezone the property. However, the county’s legal staff cautioned against that. A rezoning, they warned, could trigger a lawsuit over the taking of property rights.
“Who would sue us?” Brower asked.
“The Florida East Coast Railroad,” Assistant County Attorney Paolo Soria replied.
At one point, Brower floated the idea of a sort of nuclear option to stop the fuel farm from becoming a reality.
“Is there somewhere down the road the possibility of eminent domain?” he asked.
Eminent domain is the power of government to take private property for a public use. The taking authority must pay the private owner(s) compensation deemed fair by a court, if the government and the unwilling seller cannot reach a settlement.
“There’s always a set of issues with that,” County Attorney Michael Dyer replied. “That’s something we have talked about.”
Another point to consider
The current lack of forward movement by Belvedere Terminals to develop the fuel depot is a good sign, County Council Member at Large Jake Johansson said, suggesting that the project isn’t a done deal.
“There is no site plan here,” he told his colleagues and the restive audience. “They’ve been talking about this plan for over a year. … They haven’t shown up. They haven’t come with a site plan yet. We can’t play them till they come. … The fact that they’re not here yet is a cautious but positive sign.”
Opposition galvanized
Though the proposed Belvedere fuel farm is miles away from West Volusia, the story has gained countywide traction and concerns. People on both sides of the Palmetto Curtain that divides the county between east and west have closed ranks to stand with Ormond Beach to oppose the placement of the fuel complex in close proximity to the airport and residential areas.
Orange City Vice Mayor Bill O’Connor has called for his City Council to side with Ormond Beach.
“I would like for the city to draft a resolution,” he told his colleagues.
“Belvedere is trying to locate eight of these in the state of Florida,” Orange City City Manager Dale Arrington said. “We really don’t want this in our undeveloped areas near residential areas. … I don’t think this is a good thing for Volusia County.”
“We don’t want that in our backyard,” City Council Member Kelli Marks said.
So far, Belvedere has no plans to build a fuel complex in West Volusia, according to word from the company’s public-relations firm.