Ormond Beach commission approves revised Tomoka Reserve development order over residents' objections

Ormond Beach's City Commission voted 4-1 on March 17 to approve a revised development order (Ordinance 2023-55) for the Tomoka Reserve subdivision, authorizing a planned residential development for 254 single-family lots on about 147.94 acres.

The decision came after more than two hours of public comment in which neighborhood residents pressed elected officials to reject the plan, citing traffic congestion, limited emergency access, stormwater and flood risks, possible soil contamination from past golf-course use, and what speakers described as rushed procedure. Commissioner Kristen Deaton cast the lone no vote; Commissioners Howard Bridal, Lori Tolland and Travis Sargent and Mayor Jason Leslie voted yes.

Planning Director Steven Spraker summarized staff's analysis and the revised site plan, telling the commission the property is proposed as a PRD (planned residential development) with a density of about 1.2 units per acre, 254 lots, and at least 20% of the site preserved as natural area. The development order requires a 50-foot perimeter vegetative buffer (exceeding the 40-foot minimum in the land-development code), sidewalks within the subdivision and a proposed sidewalk to Nova Road, and the applicant's installation of certain off-site improvements, including modification of the existing diamond intersection and a traffic signal, which staff said must be bonded or completed by the applicant.

On public utilities and environmental review, Spraker said stormwater, sewer, potable water pressure and school capacity are reviewed at the preliminary-plat and construction stage; stormwater design will be reviewed by the city's civil engineers and the St. Johns River Water Management District. He also said the Florida Department of Environmental Protection handles state environmental permitting.

Residents urged denial or postponement. Dennis Bayer, representing the Tomoka Oaks Homeowners Association, told commissioners the staff packet (which residents received days before the hearing) lacked the expert reports that had informed hearings in 2023 and called the timing 'premature' and a potential due-process violation. 'For you all to consider this matter tonight is premature and is a violation of our due process rights,' Bayer said.

Other neighbors described safety worries tied to a single primary egress for Tomoka Oaks, estimating the development could add more than 500 daily car trips and make emergency access and hurricane evacuation more difficult. 'We're gonna have none [quality of life] for years while they're building this up,' said John Rhodes, a Tomoka Oaks resident. Sean Clark cited a 2022 traffic study that he said met two of three warrants for a traffic signal at Tomoka Oaks and Nova Road and warned the city would likely pay for signal work if it was not part of FDOT projects.

Speakers also raised environmental concerns tied to historic golf-course pesticide use. Mary Pat Whiteside and others urged alternative uses for the land, such as fewer homes, senior housing or public green space, and asked for soil analysis to be made available.

The developer's representative, Carl Sanders, said the applicant was not asking for additional concessions beyond the development-order conditions in the packet and urged the commission to approve the ordinance. 'We urge you to approve the proposed ordinance that's before you tonight,' Sanders told the commission.

City Attorney Randy Hayes advised that hearing the revised PRD plan without returning it to the planning board was legally permissible and that the public-notice and hearing schedule met requirements; he said the commission must base any denial on competent substantial evidence that the revised plan fails the land-development-code or comprehensive-plan criteria. Hayes also warned commissioners about litigation risk, saying continued disputes could result in costly trials or settlements.

Commissioners discussed competing concerns: several cited the PRD's concessions (wider buffer, required sidewalk, intersection improvements and architectural standards available under PRD but not under straight R-2 zoning) and the legal standard the city would need to meet to deny the revised plan, while others stressed neighborhood safety, infrastructure capacity and the perception of developers exerting outsized influence. Mayor Jason Leslie and others pointed to potential financial exposure to the city if litigation continued.

With a motion to approve from Commissioner Howard Bridal and a second, the City Clerk recorded votes: Bridal yes, Tolland yes, Sargent yes, Deaton no, Mayor Leslie yes. The commission approved the first reading of Ordinance 2023-55. The development will next proceed to the subdivision's preliminary-plat and construction-review steps, where stormwater engineering, detailed utility upgrades, and construction-level emergency-access plans are to be reviewed and permitted.

What remains unresolved from the hearing: residents requested updated traffic analyses, soil testing and clearer disclosure about reclaimed-water and potable-water capacity; several asked for more time for negotiation or for the item to return to the planning board for additional review. The city announced a separate litigation meeting to address ongoing legal matters.

Actions recorded: the commission rescinded its previous remand to the planning board and approved Ordinance 2023-55 (first reading / issuance of development order) for Tomoka Reserve (Tomoka Reserve residential subdivision).