Volusia County Council splits on whether to change zoning rules at fuel terminal site

Most members of the Volusia County Council voiced opposition at a development workshop on Tuesday to using a zoning change to stop the proposed fuel terminal project near Ormond Beach .

Instead, they favored letting the process play out and hinted that progress could be on the way.

At-Large Councilman Jake Johansson said he believes county staff and state officials are working to find a solution, and he didn't want to add to the county's risk. Taking away development ability from a property owner opens the door to possible lawsuits, County Attorney Mike Dyer said.

Johansson said he knows that waiting for the process to play out will mean more anxiety for nearby residents. Many have voiced concern about large amounts of fuel being stored near their homes.

"But I think I ask for patience. I think everything's going to work out," he said.

He added that when Belvedere Terminal's final site plan comes in, it might not make it through the county's development review process.

"I think we keep it (the zoning at the site) as it is and continue working with our powers that be," Johansson said.

Tuesday's workshop was focused on getting council direction on several development issues, including what to do with Heavy Industrial zoning and making the permitting process easier for certain types of development. The County Council supported revising the Heavy Industrial zoning category to address a sentence that allows for any type of industrial use "provided it meets the minimum environmental standards" and isn't listed as a special exception. That's the wording that allowed the fuel terminal project to move forward.

The state has set aside $10 million to help move the proposed fuel terminal from 874 Hull Road to another site in Volusia, Flagler or Brevard counties. To date, no alternative plan has been announced.

Belvedere Terminals submitted a conceptual site plan but hasn't filed a final site plan yet. They're not under an obligation to let the county know their plans or move forward on a certain timeline.

The County Council backed away in February from putting a moratorium on development in the Heavy Industrial zoning category .

Some councilmembers cited concerns about putting the county at legal risk, including District 3 Councilman Danny Robins. He asked those who supported changing the zoning requirements to say how much they'd be willing for the county to spend on a lawsuit and how the county would pay for it.

"I've got 120,000 people in my district. Knowing what we know, the question is, 'How's that fair to them?" he asked.

District 1 Councilman Don Dempsey said he wants the county's development review process to vet the project and whether it's dangerous.

"I'm not necessarily convinced that it's ipso facto dangerous because there's a big one right in the middle of Tampa," he said.

Council Chairman Jeff Brower and District 4 Councilman and Vice Chair Troy Kent both supported having changes to the zoning code apply to the site.

Brower said the zoning is no longer appropriate for the area. As for the legal risk, he said, "At some point you have to eat the elephant in order to protect the people."

Kent said that none of the councilmen would want the project in their backyard.

"It is incumbent upon us to fix this," Kent said.

The County Council didn't take a vote on anything because it was just a workshop, but they provided direction on Heavy Industrial Zoning and a few other development-related topics.

For sites that already have Heavy Industrial zoning, most supported making sure that any changes they make to the zoning won't apply to them. They supported seeking voluntary support from property owners to give up the rights to certain kinds of development.

The changes for Heavy Industrial zoning and other development changes discussed on Tuesday will come to the County Council for review.

Among other items discussed on Tuesday, county staff will bring back revisions to the zoning code to allow dozens of uses by right in certain areas instead of requiring them to go through a special exception process.

This article originally appeared on The Daytona Beach News-Journal: Volusia County Council splits on whether to change zoning rules at fuel terminal site