Belvedere Terminals:
Proposed Fuel Terminal
Introduction:
Volusia County created this informational webpage to provide background information, project details, important documents, and status updates in reference to a proposed fuel terminal near Ormond Beach. We encourage regular visits to this page as it will continuously provide up-to-date information regarding the proposed project and its potential progress through the Volusia County development review process.
Current Status:
August 30, 2024
The County sent a letter to Belvedere Terminals seeking information regarding their intentions with the proposed site or if another alternative site has been identified. Read the letter here.
July 19, 2024
As part of the standard development review process, Belvedere Terminals took the administrative step of submitting an Environmental Resource Permit (ERP) to the Florida Department of Environmental Protection (FDEP). In response, Volusia County provided written comments regarding the ERP application to the FDEP. The comments can be found here.
June 25, 2024
Volusia County is in the process of determining the parameters under which a $10 M allocation for the development of a fuel storage and distribution terminal site in the new 2024-2025 State of Florida Budget can be utilized. The funding was allocated to the State of Florida Department of Commerce. The following language addressing the allocation can be found in on page 362 of the state budget:
“The department shall directly contract with the entities allocated funds from Specific Appropriation 2347A. From the funds in Specific Appropriation 2347A, $10,000,000 of nonrecurring funds from the General Revenue Fund is provided to the Department of Commerce for Strategic Infrastructure for Efficient Energy Distribution Volusia County (HF 1494) (SF 3656) for the purpose of granting necessary funds to either Volusia County, Flagler County, or Brevard County for an economic development project to site a fuel storage and distribution terminal. The department shall enter into a grant agreement regarding the expenditure of the funds. Funds shall be used for land acquisition and the construction of critical infrastructure necessary to support a facility, as well as other site improvements necessary for the development of the facility. These funds shall be placed in reserve. The department is authorized to submit a budget amendment to request release of funds held in reserve pursuant to the provisions of chapter 216, Florida Statutes, contingent on an economic development agreement entered into between the department and the appropriate county.’
Volusia County is fully committed to facilitating development of the proposed fuel distribution terminal at a more appropriate location and continues our ongoing identification of alternative sites within the three counties (Brevard, Flagler, and Volusia) identified in the appropriation language. Volusia County officials will work closely with the Department of Commerce to access and appropriately utilize the funding. Contact has been initiated with the applicant to discuss opportunities and outline possible solutions. Updates will be provided when available.
June 13, 2024
Governor Ron DeSantis signed the State of Florida's FY 2024-25 budget on June 12, 2024, bringing positive developments to Volusia County. The budget allocates $10 million for the potential relocation of the proposed terminal in Ormond Beach.
The $10 million could potentially fund the relocation of a fuel storage and distribution terminal currently proposed to be located in Ormond Beach to a more appropriate site in Volusia, Brevard, or Flagler County. Allocated directly to the Florida Department of Commerce, Volusia County will only apply for the funding if the applicant cooperates in relocating the terminal to an alternate location.
“Volusia County is grateful to the Governor, the State Legislature, and the Volusia County Legislative Delegation for responding to our request for funding and their support in helping to solve the community’s concern and potentially relocate the fuel terminal to a more suitable location,” said County Manager George Recktenwald.
April 30, 2024
The Volusia County Council considered and ultimately voted 5-2 to decline a moratorium on I-2 Zoning development on Feb. 6, 2024. As a result, Belvedere Fuel Terminals subsequently submitted a new Conceptual Site Plan on Feb. 13, 2024 which initiated the standard Volusia County development review process. Per standard operating procedure, Volusia County Growth Management staff reviewed the application and returned their development review comments on Feb. 27, 2024. As of April 17, 2024, Belvedere Fuel Terminals has not responded to the comments or submitted any additional documentation regarding the proposed project.
Temporary Injunction Court Case/ Dismissal of Lawsuit
Belvedere Fuel Terminals filed a request for a temporary injunction in the 7th Circuit Court on Jan. 2, 2024, requesting that the court direct Volusia County to process its conceptual site plan for a proposed fuel terminal near the City of Ormand Beach. The injunction was denied by the Court on Jan. 30, 2024. On Feb. 29, 2024, Belvedere Fuel Terminals voluntarily dismissed the lawsuit against Volusia County.
FY 2024-2025 State of Florida Budget Allocation
The draft Fiscal Year 2024-2025 State of Florida Budget includes a $10 million allocation for the relocation of a proposed fuel terminal near Ormond Beach. The draft budget was approved by the Senate and the House during the legislative session and as of April 17, 2024, awaits the Governor’s signature with a deadline of July 1, 2024. The budget item can be read in Section Six, 2347A (pg. 361) of the draft Fiscal Year 2024-2025 State of Florida Budget.
2/28/24 - Belvedere Terminals Company submitted an updated concept plan for a proposed fuel terminal at 874 Hull Road, near the city of Ormond Beach on Feb. 13, 2024. Volusia County responded with a letter outlining staff comments regarding the proposed plan on Feb. 27, 2024, and issued an additional letter addressing the Airport Protection Overlay Zone on the same date. Please visit the documents page to review these files and similar documents.
2/6/24 - Volusia County filed an Answer, Affirmative Defenses, and Motion to Dismiss in response to Belvedere’s lawsuit on Feb. 5, 2024. Please visit the documents page to review this file and similar documents.
1/26/24 – Volusia County Files Motion to Disqualify GrayRobinson in Belvedere Fuel Terminals Case Due to Conflict of Interest Concerns: Citing a potential conflict of interest, Volusia County filed a motion on Jan. 26 to disqualify GrayRobinson from representing Belvedere Terminals in a lawsuit against the County.
GrayRobinson has served as the general counsel for the Volusia Growth Management Commission, the agency responsible for approving County and municipal comprehensive plan amendments, since 1986. In the motion, Volusia County argues that GrayRobinson's representation of Belvedere Terminals conflicts with its duty to provide unbiased counsel to the Volusia Growth Management Commission as the legal firm is concurrently challenging the County's land development authority and the firm's dual role compromises the impartiality required in reviewing the County's submissions to the VGMC.
The conflict is further highlighted by accusations from Belvedere and GrayRobinson alleging the County's violation of the comprehensive plan and bad faith that could bias the Volusia Growth Management Commission decision-making process while GrayRobinson is concurrently serving as an advisor. Volusia County’s motion emphasizes the importance of maintaining and respecting the integrity of the legal process and public trust, especially given concerns raised over GrayRobinson's simultaneous representation and the agency’s ability to legally and dutifully serve two potentially opposing clients.
- Motion to Disqualify Plaintiff's Counsel
- Response in Opposition to Plaintiff's Ex Parte Motion for Temporary Injunction
1/24/24 – Volusia County recently posted several court filings related to the lawsuit filed against the County by Belvedere Terminals, LLC:
- Belvedere Terminals, LLC v. County of Volusia Complaint.
- Volusia County’s Request to Produce to Belvedere Fuel Terminals LLC.
- Belvedere Terminals, LLC’s Ex Parte Motion for Temporary Injunction.
- Belvedere Terminals, LLC’s Notice of Ex-Parte Hearing scheduled for 1:30 p.m. Jan. 30, 2024, in Courtroom 7 of the Volusia County Courthouse Annex, 125 East Orange Ave., Daytona Beach.
Please visit Volusia County’s proposed fuel terminal documents webpage to review these and all posted documents related to the project.
12/4/23 – Volusia County received an application for a conceptual site plan for a proposed fuel terminal at 874 Hull Road, near the city of Ormond Beach on December 4, 2023. The applicant, Belvedere Terminals, was immediately notified that Volusia County cannot accept and process the conceptual site plan application due to the Volusia County Council directing the County Manager and the County Attorney to review and analyze potential changes to the I-2 (Heavy Industrial) zoning classification. The process could potentially conclude with amendments to the I-2 (Heavy Industrial) zoning classification. In addition, the applicant was notified that the Planning and Land Development Regulation Commission will review a potential moratorium ordinance on Dec. 21, 2023. The County Council will review the ordinance at its Jan. 4 and 16, 2024, meetings, and a resulting moratorium would go into effect through Aug. 21, 2024.
11/21/23 – Volusia County Pauses Development in Heavy Industrial Zoned Areas and Directs Enactment of a Nine-Month Moratorium: The Volusia County Council unanimously directed staff to review the Heavy Industrial (I-2) Zoning Districts and enact a nine-month moratorium on development in such areas. The pending ordinance doctrine stops the processing of site plan applications in unincorporated I-2 zoned areas, preventing the submission of a development application for properties zoned as I-2.
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 taken to the Planning and Land Development Regulation Commission for review. The implementation of this moratorium became possible with changes to Senate Bill 250, rendering it inapplicable to Volusia County.
10/30/23 – FACT CHECK: A recent article in the Business Observer contained several inaccuracies regarding the proposed fuel terminal in Ormond Beach including an indication from Belvedere’s CEO claiming that “some state and county leaders” have generally embraced the plan. This accusation grossly misrepresents the truth. Not a single Volusia County Councilmember or staff member has expressed support for the proposed fuel terminal project. In fact, Volusia County’s development review process has not even begun and the project has not been evaluated because a development application for the terminal has not been submitted to the County.
10/25/23 – As an effort to explore all options, the Volusia County Council voted unanimously on Oct. 17, 2023, to work in partnership with the City of Ormond Beach in exploring the opportunity to enter into a lease agreement with Florida East Coast Railroad, the current property owner of the proposed Belvedere fuel terminal site. The item will be placed on an upcoming Volusia County meeting agenda for deliberation, and if approved by the County Council, will initiate the process.
10/24/23 – Florida Senate Bill 250 prohibits Volusia County from altering any Land Use policies/designations and/or Zoning regulations until after October 2024; however, this law does not apply to the City of Ormond Beach. The Volusia County Council voted on Oct. 17 to consider a resolution initiating the process to amend an interlocal boundary service agreement that would allow the City of Ormond Beach to control the Land Use Designation and comprehensive plan policies and/or Zoning for the proposed fuel terminal site. The service agreement amendment process is voluntary and must be agreed upon by both Volusia County and the City of Ormond Beach. The resolution will be placed on an upcoming Volusia County meeting agenda for further consideration, and if approved by the County Council, subsequently forwarded to the Ormond Beach City Commission for consideration.
10/11/23 – Volusia County has recently received inquiries from the media and public indicating that Belevedere Terminals has acquired the permits necessary to construct a fuel terminal at the location being considered. As of Oct. 11, 2023, Volusia County has not received a development application for the proposed project and the development review process that would begin as a result of receiving an application has not been initiated. In addition, no permits or approvals related to the proposed project have been considered or granted by Volusia County. If an application is received, Volusia County will notify the public as soon as possible to ensure the community remains updated on the proposed development.
10/9/23 – S. R. PERROTT, INC. has filed a petition, and two amended petitions, for an Administrative Hearing related to the proposed Belvedere fuel terminal near Ormond Beach. Please review the petition for additional information and details regarding the hearing request.
9/27/23 – Volusia County has not received a development application, a final site plan, or a Traffic Impact Analysis methodology letter to construct a fuel terminal at 874 Hull Road, Ormond Beach, Florida 32174.
