1. Marina in New Smyrna Beach
Rearing its ugly head once again is the perennial
attempt to site a marina at the city owned Swoope Power Plant on the Indian
River near Rockhouse Creek. The Port Authority in 1984 had plans for a
marina and fish processing plant. (the CC dropped the notion when they
smelled the plant at Canaveral). In 1990 the city paired with Pillar Brighton
Marine Services, who luckily went bankrupt before the deal was finalized.
Unfortunately, the city has reactivated the development order and is once
again attempting to use the people's waterfront land for private profit.
Shoreline Development III, LLC wants a 40 year lease to build a warehouse
for 500 dry slips, the biggest such facility in the state of Florida. One
of equal size in Virginia caught fire and became a toxic mound of melted
fiberglass.
In 1954 the State Internal Improvement Trust Fund
gifted the Swoope site to NSB "upon the expressed condition that it never
sell, convey, or lease the land to any private person, firm, or corporation
for any private purpose but only for public purpose -in perpetuity." It
was given to the citizens of this city for their needs exclusively. It
is improper and violates the intent of the grantor, the State of Florida,
for the Swoope site to be used for a private business. The city expects
to circumvent the conditions of the deed. The EC opposes any lease agreement
for this land. The only activity that should be considered for this site
is a public park (after the toxic waste is cleaned up.) The town needs
more boat ramps to serve the local people, who own this land, and most
of whom trailer their boats. The 500 dry-stack storage will draw many out-of-towners,
especially with the airport across the street, and take up space that is
needed for trailer parking. At the public hearing on the lease agreement,
a downtown dry dock operator informed the city he has five stacks unrented.
Any need for dry boat storage can and should be met at the downtown marina,
which needs upgrading and where the water is already polluted. The city's
past consultant, ZHA, advised the city that the downtown marina is the
best location to expand marine facilities - while benefiting the local
economy.
The lease agreement the city approved with this
LLC fails to include use restrictions or operating standards. There is
nothing to guarantee that there will never be wet slips with their accompanying
toxic paint, chemicals and fuel seepage. Even without them, boats will
routinely be kept in mooring overnight before being put away. There is
no assurance that the leasee will not seek to dredge and fill wetlands.
It does not prevent Shoreline Development from subleasing. There is nothing
to prohibit the launching of noisy and annoying jet skis.
There is no mention of the frequent presence of
manatees at the site, and how they will be protected from the danger of
additional boat traffic. USFW included these waters in the high risk zone
for manatee frequency and boat related deaths. Why was it removed from
the County Manatee Protection Plan red zone which bans marina construction?
The Indian River is on the National Estuary Program for special protection.
Many groups are pushing for public purchase of the undeveloped uplands
along the river (Indian River Blueway) to protect them from polluting uses
like residential development and marinas. Building garages for 500 power
boats thwarts this objective. The EC opposes this project because it will
bring 100s of additional boats to ply and harm the Indian River Lagoon.
The city delayed action at its 9/16/02 special meeting after the residents
of Inlet Shores presented updated reports of toxic chemicals at the site.
(It's on EPA superfund list) The city expects to resolve that problem quickly.
2. Water
Agriculture is a much bigger consumer of water than
St. Johns previously thought. Allowing ferneries and sod farms to irrigate
with aquifer water is absurd. They should be required to collectrain in
shallow ponds - or become metered and paying customers. Landscape irrigation
accounts for 50% of residential water use. Lawns are the culprit. Changes
are needed. A Volusia Water Authority must have independent power. A Water
Authority with teeth could deter CUPs issued by St Johns. It must be headed
by an experienced geologist/hydrologist/botanist who also understands that
ground water is part of an entire water system of wetlands, rivers, lakes
and springs. He or she must have the power to place moratoriums on construction.
His or her staff must be devoid of representatives of industries that rely
on water consumption and cities that rely on water sales.
3. Dunes
There is no law in Florida requiring dune preservation,
only protection. The failure of the state to prevent counties and municipalities
from allowing development to destroy dunes is one of Florida's great shames.
In addition, there is no program statewide to consider the impact of high
rises on dune building. Tall buildings on the beach prevent the wind from
delivering sand to rebuild the dunes. As a consequence even the foredunes
are gone where condominiums interfere with wind action. There is a higher
barometric pressure seaward of tall buildings. It causes the wind to rise
up and drop sand short of the dunes. Driving on the sand also hampers the
dune building process by packing the sand down so the wind cannot pick
it up.
4. Flagler County
The County is torn between accommodating developer
Ginn and his plans for a 412 home golf course community between Old Kings
Road and the Intracoastal Waterway and realizing that the land should be
preserved to protect Bulow Creek, OFW. The commission delayed the decision
until Oct 21st. Nothing requires them to upzone to allow more houses. A
golf course and fewer homes could be built with the present agricultural
zoning. Mainly because of Commission and environmentalists' demands, however,
Ginn has promised not to develop west of Bulow Creek, guarantees not to
use septic systems, and promises a 75 foot wetland buffer. Governments
hold the upper hand in comp plan change requests. So why do they usually
give away the store?
5. Annexations
The EC urges the County to fight for control of
environmentally sensitive land, especially that in the NRMA and ESC. Setting
urban boundaries can keep these protected areas from annexation and heavy
development. Thousands of acres along the Tomoka River where developers
want to build an extension to Tomoka Farms Rd. should never have been annexed.
Has Daytona done a comp plan amendment to change the land use? We urge
the County to object when it does. In New Smyrna Beach the city is annexing
30 acres on S. Glenco Rd. across from Oliver Estates off SR 44 to allow
80 dwelling units. One of the most beautiful spots in NSB, it is a pasture
and part of the drainage basin for Turnbull Creek. A stream runs through
the property, flows east and under SR 44 to the land Wal-Mart wanted, and
on to Turnbull Bay. This area is prone to flooding. Allowing the city to
develop this 30 acres will exacerbate the drainage problem. Furthermore,
it may be an illegal annexation, having a tenuous connection to the city
via a finger onto Glenco Rd.
A DCA official informed environmentalists that the
agency was surprised no one challenged the annexation of the 1200 acre
Spruce Creek Ranch site (now Venetian Bay) in NSB because it too hops over
a road to achieve contiguity. Annexation is between the municipality and
the land owner (Chapter 171, FL Statutes). Approval should be required
also from Counties who could demand conditions, such as the land use remaining
the same. Counties should certainly object when the annexation is questionable.
6. Wal-Mart
Wal-Mart filed a writ of certiorari in circuit court
following the denial of its supercenter in NSB because it believes that
since it met county requirements, the county is compelled to issue a permit.
Does it really think Volusia County has no legal right to exercise judgment
in its decisions? Corridor 44 Civic Association is filing a motion to intervene
on behalf of the County. The Environmental Action Committee supports the
County and is considering an amicus brief.
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