VOLUSIA COUNTY, Fla. — In a 5-2 vote, the Volusia County Council denied a motion to enact a nine-month moratorium on Heavy Industrial (I-2) zoned properties during a packed meeting Tuesday.

The second reading required to enact the moratorium took place during Tuesday’s meeting, but in an unexpected 5-2 vote, the county council denied the motion. County Chair Jeff Brower and Vice Chair Troy Kent, who represents Ormond Beach, both voted for the moratorium. 

If passed, the moratorium would have paused development on Heavy Industrial (I-2) zoned parcels and stopped any site applications from being submitted. The moratorium would have been in effect until Aug. 21, 2024.

According to the county, the purpose of the moratorium was “to allow county staff time to review the list of permitted uses and special exception uses for I-2 and to develop administrative amendments to those uses.”

During the moratorium, county staff would have reviewed the current Heavy Industrial classification and recommended updates or changes to the zoning category. 

On Nov. 21, the County Council first voted to start the process of imposing the moratorium. Since then, the moratorium was approved by the Planning and Land Development Regulation Commission.

In January, the first reading of the moratorium was approved by the county council in a 5-2 vote. 

Even though the moratorium was not officially in place, the county was operating under the pending ordinance doctrine and was not accepting any site applications for heavy industrial zoned properties. This included 874 Hull Road  — a property near Ormond Beach where Belvedere Terminals has proposed building a multi-million gallon fuel terminal. 

Last month, Belvedere sued the county, saying its lawsuit, “results from a deliberate and concerted effort by the county council to rob Belvedere of its property and constitutionally protected rights.”

In the lawsuit, Belvedere requested the court declare “the Nov. 21 ‘moratorium’ a legal nullity due to failure to comply with the Volusia County Code, Florida Statutes, and the constitutional rights of Plaintiff.”

The company also said that, “the ‘Pending Ordinance Doctrine’ does not allow a pre-moratorium or illegal moratorium without due process, like the one the county purports is in effect.”

Since August, hundreds of residents and local lawmakers have pushed back against the planned fuel terminal, citing its proximity to major residential areas, a local airport and a major youth sports complex.

Ormond Beach resident Robin Magleora started a Facebook group opposing the terminal that has more than 3,400 members. Ormond Beach resident Elena Krafft started a website and petition opposing the fuel terminal that has garnered more than 40,000 signatures.

Krafft and other residents also created a website opposing the fuel terminal.

On Tuesday, dozens of people filled the County Council chambers during the final hearing of the moratorium. More than 30 people spoke in favor of the moratorium, including Krafft and Magleora.

“If you vote ‘No’ on the moratorium today, you’re not only voting ‘No’ on protecting the health, safety, and quality of life of Ormond Beach residents, you are voting ‘No’ on protecting the tax dollars of all Volusia County residents,” Krafft said.

In January, the first reading of the moratorium was approved by the county council in a 5-2 vote. But today, some council members changed their minds. Five of the seven council members voted against the moratorium, clearing the way for Belvedere’s site application for the fuel terminal to be reviewed.

“I’m just afraid that this moratorium is not the answer,” Council Member Don Dempsey said. “I think we need to let this thing go to a site plan. And I would hope that if this truly is a danger to the community, that it would stop there.”

After the vote, many residents said they were disappointed and shocked by the results.

County Chair Jeff Brower and Vice Chair Troy Kent commended residents for continuing to come out to meetings.

“I really appreciate the public coming out,” Brower said. “They have fought this. They have sent hundreds, maybe thousands of emails. They have had huge community meetings. They turned out, they’ve rented busses, they’ve come here. They’ve done their part. It’s time their representatives do their part.”

Brower said he was disappointed in the results of the vote and said he will continue to fight the proposal.

“We need to say ‘no’ to this project,” Brower said. “It’s not safe for the environment. It’s not safe for people, so please continue to contact your county council members. I know you’re disappointed right now. And I would contact your state representatives and state senators. We’ve got to keep the pressure on.”

In a statement to Spectrum News 13, Belvedere Terminals COO Mike Benedetto said: “Belvedere is pleased that the Council saw fit to reject the proposed moratorium, which would have hurt private property rights in all of Volusia County. Belvedere will continue to act with complete transparency. We welcome the opportunity to sit down and discuss concerns with anyone interested in learning about the facts regarding this project, which is an invitation we have extended to even our most vocal opponents. We are also open to attending public meetings – including town halls - to facilitate this open dialogue, if it is helpful. It is important to note that Belvedere’s system is a safer, cleaner, more reliable and lower cost way to bring vital fuel products to Floridians."

The next steps are for Belvedere’s site application to be reviewed by the Growth and Resource Management Department and then approved by the Planning and Land Development Regulation Commission. Afterwards, it will be brought back to the county council for a final vote.