Gas station distance requirements? Ormond Beach Planning Board begins discussions

The issue surfaced after residents of Collins Street discovered that a Circle K gas station was slated for construction at the former Bank of America building at 699 S. Nova Road.


A rendering of what the Circle K proposed for 699 S. Nova Road may look like, though a note was included that included signage would need further review. Courtesy of the city of Ormond Beach
A rendering of what the Circle K proposed for 699 S. Nova Road may look like, though a note was included that included signage would need further review. Courtesy of the city of Ormond Beach
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Can the city of Ormond Beach implement distance requirements between new gas stations and existing residential neighborhoods? 

City staff was directed to look into the issue by the Planning Board after a discussion at its meeting on Thursday, May 8. The issue surfaced after residents of Collins Street discovered earlier this year that a Circle K gas station and convenience store was slated for construction at the former Bank of America building at 699 S. Nova Road.

Because the property is zoned B-8 Commercial, and a convenience store with fueling station is a conditional use, the project doesn't need to go before the City Commission for approval. It only needs to be reviewed by the city's Site Plan Review Committee.

Ormond Beach resident Amber Bobak has led the charge for changing the requirements. It may be too late to help their neighborhood, but she's hoping changes can prevent other residents from finding themselves in the same situation.

"My hope is that we can protect our residents from the future shock of what my neighbors and I have recently experienced and protect our community's future health in the process," Bobak said.

Bobak and her neighbors attended a neighborhood meeting on Feb. 10 regarding the Circle K project. Prior to that, they had never considered that a gas station could replace the bank, which had been there over 40 years. 

"I don't believe there's anything that can't be worked out," Bobak said. "Even if this does not help my neighbors and I with our current situation, I refuse to stay silent and let this happen to somebody else again."

Some Planning Board members expressed interest on exploring the issue, even as city staff advised them on waiting for more information before calling for a workshop.

Board member Al Jorczak said the data presented to the board in the agenda packet — including reports by the Community and Environmental Defense Services organization on health and environmental risks posed by gas stations — was a "real eye opener." He also commented on the fact that the city's requirements would allow for three gas stations in the same intersection. (The Circle K would be located across from two existing gas stations, the Mobil at 690 S. Nova Road and the Exxon at 700 S. Nova Road.)

The city spent a lot of time recently objecting to the proposed Belvedere Terminals fuel farm, Jorczak said, adding that gas stations are "one step down from that."

"With our growing population, we have the propensity for this kind of thing to happen where we could load up an intersection with four gas stations and it's all permitted by our codes," Jorczak said.

Board Chair Doug Thomas said he had a major concern about putting in a gas station so close to residential areas. He'd like to see the city increase regulations on that front.

"I know I sure as heck wouldn't want it in my backyard," Thomas said. "... I would like to make it as controllable as could be."

Other board members felt that the zoning district didn't need major changes at this time. Board member GG Galloway questioned how many properties zoned B-8 would actually be impacted, saying that the board could be setting itself up for a "monster of a meeting" for three or four locations.

"We're trying to build a whole new zone master plan change on a pinhead of where these places could or could not go," Galloway said. "And I tell you right now, I bet we have very few locations that they could go regardless how far you should make the setback."

Planning Director Steven Spraker said existing gas station convenience stores can be grandfathered into existing requirements, while requiring future ones in properties located next to residential areas go through a special exception. 

City Attorney Randy Hayes said staff can take a deeper dive on recommendations and reasonable regulations, and bring them back to the board for further discussion. There's a legal side to the issue that needs to be addressed, as well as providing factual basis in case an ordinance on new distance requirements is later challenged.

"We're going to have to have a lot more discussion on this because this has bigger implications I think than most people realize," Hayes said.

Thomas wanted to call for a workshop, but Hayes there's a long way to go before getting there.

"This is an issue where science and planning need to meet and that's going to be how you solve the problem," Hayes said. "You don't have the planning and the science yet to have a workshop or to have a detailed discussion at a public meeting here in terms of what options you might like and why. That's what you need."

 

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