order it is exactly 6:00 this is the uh second 
regular meeting of the Ormond Beach City commission   and we are in commission Chambers we're starting 
a little earlier uh for this meeting than we   normally start our meetings but uh just want to 
make sure we have enough time to get everybody   in and make sure everybody has an opportunity to 
be heard on the Tomoka reserve item we have 24   cards in so far if anyone else wishes to speak 
it's important that you fill out a card and uh   if you'll see the clerk and get those cards to 
her uh we will get you on the docket to speak   you have three minutes to speak and you'll 
direct your uh comments to the chair uh we   ask that you be polite and courteous all parties 
and uh I don't think we'll have really any issues   issues with that I hope you felt welcomed as 
you came in uh this evening even though it's a   little bigger crowd than usual our planning staff 
served as the greeters tonight and hopefully they   told you about the cards as well and I want to 
introduce the folks who are sitting up in front   of you to my right your left we have recording 
secretary Taylor Lochert next is our city clerk   Susan Dauderis then we have commissioner from Zone 
one Lori Tolland good evening everyone and welcome   our zone two commissioner Travis Sargent good 
evening everyone welcome to my left and your   right our zone three commissioner Susan Persis 
good evening ladies and gentlemen welcome our   Deputy Mayor and zone four commissioner Harold 
Briley good evening everyone and welcome city   manager Joyce Shanahan assistant city manager Claire 
Whitley City attorney Randy Hayes and then uh we   also have with us this evening our Chiefs Chief 
Jesse Godfrey Ormond Beach police department and   and making sure we're complying with the uh fire 
rules is Chief Bailey Chief thank you for being   here uh for those of you listening online I'm 
Mayor Bill Partington at this time if uh you   would make sure your cell phones or are silenced 
and we'll have the invocation given by Pastor   cord bear Tomoka Christian church if you'll please 
rise for that followed by the Pledge of Allegiance let's pray father grateful for uh blessing 
of this day the Breath of Life uh the gift   of your love it's an honor to serve people and 
yet the Temptation and services to lorded over   them my prayer for this city council 
and for this community father is that   we would serve each other to the ultimate 
end and the benefit of those that live here   ultimately God that's the way that you served us 
by sending your son Jesus we're grateful for him   we pray that in his name amen amen I Pledge allegiance to 
the flag of the United States of America and to   the Republic for which it stands one nation under 
God indivisible with liberty and justice for all at this time I'd ask uh our victim 
advocate for the Ormond Beach Police   Department Evelyn Robustini to come 
forward and Evelyn I don't know if   you're going to bring anybody up with you 
or if the chief wants to come up as well this is a National Crime Victims rights week and 
Evelyn I want to present that to you thank you for   being here thank you for all you do for the city 
of Ormond Beach and our Police Department whereas   the victim's rights movement has resulted in 
the passage of laws at the local state and   federal levels that guarantee victims the right 
right to meaningfully participate and use their   voice in the criminal justice process and whereas 
incorporating communities existing experts and   trusted sources of support develops a criminal 
justice system response that is accessible and   appropriate for all victims of crime with 
the unwavering support of their communities   victim service providers Advocates Law Enforcement 
Officers and other Allied professionals can help   survivors find their Justice by enforcing their 
rights and whereas the theme for 2024 options   services and hope for Crime survivors highlights 
the importance of creating safe environments for   Crime Victims to share their experiences and seek 
Justice by honoring the rights of victims to be   treated with fairness dignity and respect we 
can rebuild their trust in the criminal justice   and Social Service systems and whereas National 
Crime victim's rights weak provides an opportunity   to recommit to listening to Crime survivors in 
every space where decisions are made that could   impact them and whereas the city of Ormond Beach is 
dedicated to strengthening victims and survivors   in the aftermath of crime building resilience in 
our communities and victim responders and working   for a better future for all victims and survivors 
now therefore I Bill Partington on behalf of the   entire Ormond Beach commission uh of the city of 
Ormond Beach do hereby Proclaim April 21st through   27th 2024 as National Crime Victims rights week 
in the city reaffirming the city's commitment to   creating a safe space for all Crime Victims and 
expressing appreciation for all community members   who are committed to improving the response 
to all victims thank you Evelyn for all you do so the theme is options services and hope 
for Crime survivors ask all of us friends   family members neighbors colleagues Community 
leaders victim service providers criminal justice   practitioners and health professionals how we 
can help crime survivors hope looks different   to all of us however it is safe to say it is 
a universally motivating concept it helps to   strengthen our physical and mental health it 
allows us to develop healthy relationships it   Fosters a sense of humor it heals us it 
fights fear it infuses joy into our lives   and it opens our eyes to opportunity 
as a community I ask that you join us   during National Crime Victims rights 
week 20124 as we commit to creating   safe environments for Crime survivors 
to share their experiences by doing   so we are able to offer Support options for 
life-saving services and most importantly hope congratulations thank you I'd like to introduce Aretha Baxter I   am a 20year foster parent and 
I focus on eradicating human trafficking I'm Aaron Shannon I am the 
sexual assault services coordinator for   family life Center and I oversee 
services for Volusia and Flagler County I'm Daisy Guerrero and I'm the 
victim Advocate coordinator at Holly   Hill Police Department and I specialize mainly in 
helping victims of domestic violence and sexual violence thank you all we 
appreciate everything you do thank you all right we have two cards for audience 
remarks and we will start with Suzanne Shyer good evening um Suzanne Shyer a 
resident of Ormond Beach on March 15 a   group of Ormond Beach residents scheduled an 
appointment with Clay Irvin the director of   growth Resource Management we scheduled it 
to get answers to questions concerning the   process for the fuel terminal no one told 
us until we arrived that it was a conflict   of interest for clay to meet with us we ended up 
meeting with attorney Soria planning department   manager Amy Michaels and public information 
officer Clayton Jackson a binder was turned   in that day containing pile compiled letters 
of opposition and again this evening at the   4:00 meeting at the Volusia county Council the 
letters were from the following the Volusia County   school superintendent the sheriff sheriff 
chipwood official statement from the city of   Ormond Beach mayor Partington the Ormond Beach 
Chamber of Commerce The Joint statement of   opposition from the Ormond Beach Fire Department 
and the Ormond Beach Police Department the Volusia   County League of Cities state representative 
Tom leek Bear Creek HOA Pine Run HOA and the   Sierra Club and retired Judge Joe will we 
noted that all departments within the city of  Ormond Beach are under the umbrella of the city letters 
that's what we were understanding we also turned   in 4,400 signatures from Volusia County Citizens who 
signed the fuel terminal petition in opposition   and those were in print in addition we turned in a 
letter signed by 146 Bear Creek residents that was   sent to the FAA in August of 2023 expressing their 
concerns about the fuel terminal as it related to   the airport the reason I'm here this evening is 
to request five letters of opposition from Ormond   Beach citizens committees citizen-led committees 
are the voices of the residents of Ormond they are   not departments or city staff of the city they 
represent us and as such are important to the   very public circumstances that we find ourselves 
in with a 20 million gallon fuel terminal we're   requesting letters of opposition from the airport 
committee the leisure services committee the budget   committee the quality of life committee and the 
planning board please consider the significance   of this request many letters and statements were 
sent to Volusia County government over several   months compiling the letters and handing them in 
in an organized manner to the development Review   Committee was a strong statement it is completely 
appropriate to request the citizen committees   weigh in on the issue that will have an impact on 
the substance of the very reason they meet in the   first place we will be waiting for your response 
and thank you so much for your time thank you Lindsay Pate there good evening Lindsay pate proud 
Ormond Beach resident I just want to take   a few minutes and say thank you for everything 
that you guys do through your parks and recreation   and Leisure Department I always call Ormond 
Hallmark town but I really do mean it   and I think the investment that you guys have 
made in our youth services our park and recreation   services and even the services for people 
of all ages really is paid off and I spent   a lot of nights at the ball fields or at the 
basketball courts or at the parks and I just   want to say thank you for continuing to invest 
in things that my family uses and a lot of our   residents use and I hope that you continue 
pouring into those Services because my family is   reaping the benefits and ultimately they might 
might be adults here and want to bring their   kids back here and to live so I just want to 
say thank you for everything you guys do thank you commission the minutes from the April 2nd 
2024 meeting have been sent to you for review   also posted to the city's website any additions 
deletions or Corrections approval second all   those in favor say I I oppose like sign and 
we'll show those being approved unanimously   the action proposed for each item on the consent 
agenda uh is stated unless a commissioner removes   an item from the consent agenda uh no individual 
item voting will occur and a single motion will   approve all items commission does any member wish 
to pull any of the agenda items Mr Mayor I'd like   to pull item 7 C anyone else just comments later 
just need a motion to approve approve the consent   agenda minus item 7 C seconded please call the 
vote commissioner Tolland yes commissioner Sargent   yes commissioner Persis yes commissioner Briley 
yes mayor Partington yes 7c  RESOLUTION NO. 2024-58: A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT #1-2024 TO THAT CONTRACT AWARDED TO AUSTIN OUTDOOR, LLC D/B/A YELLOWSTONE LANDSCAPE REGARDING GROUNDS MAINTENANCE SERVICES, BY INCREASING THE CONTRACT PRICE BY $14,237.00; AND SETTING FORTH AN EFFECTIVE DATE.  this is resolution number 2024 58 
read by title only thank you just need a motion   in a second for discussion second mov in seconded 
commissioner Sargent thank you Mr Mayor um I just   want to take this opportunity with this contract 
here we are adding some services but we're this   contract's approaching almost 2 million dollars um it 
just seems like a lot of money I I don't know the   last time it was bit out as I drove here actually 
yesterday I was stuck in traffic by the grind   and I looked over and once again I see the mulch 
pouring off of the medians into the roadway um I I   think at our next budget Workshop or whenever it's 
appropriate we need to think maybe about getting   all the mulch out of there and maybe putting grass 
the median closer to Gold's Gym that area all have   grass in them with very little mulch there's no 
mulch running into our waterways um I think it's   I just want to take this opportunity with this 
contract I will be voting for it because we are   adding the services but in the future we either 
need to look at bidding this and and possibly   um looking at redoing our medians because I I 
just I'm not pleased with them there's weeds   all over the place and for $2 million I think our 
residents deserve better thank you Mr Mayor thank   you commission any other comments please call 
the vote Commission commissioner Sargent yes   commissioner Persis yes commissioner Briley yes 
commissioner Tolland yes mayor Partington yes and   thank you for bringing that up commissioner 
Sargent I think through the budget process   would be the appropriate time to address some of 
those issues and maybe staff can get back to us   as far as uh possible bidding processes or if 
there's other contractors out there that might   even be able to bid on on our situation uh with 
that I'll go to commissioner Tolland for comments   on the consent agenda thank you mayor um since 
um commissioner Sargent talked about the one   that he pulled this is the right opportunity just 
to remind um remind the commission that maybe we   should talk to Yellowstone about replacing mulch 
with native plants ground cover that won't have to   it would be an initial cost but it would be less 
of a cost in the long run more sustainable for   the environment um the other comments I have 
is on um 7A I'm grateful for the additional   funding available to address the storm water and 
flooding um the city cost is minimal compared to   the state and FEMA dollars that we're receiving 
on B it makes sense for us to match and utilize   the money authorized by the state for design of a 
downtown Center I look forward to that discussion   on the location in the future and um that is 
all my comments thank you thank you Commission   commissioner Tolland anyone else all right uh we will 
begin the public hearings I will open the public   hearings and uh there's been a request sent via 
email to continue 8A uh commission if there's May   I'll move to continue item 8 a second moved and 
seconded uh any further discussion please call   the vote commissioner Persis yes commissioner 
Briley yes commissioner Tolland yes commissioner   Sargent yes mayor Partington yes and uh thank 
you for that commission as far as the rest of   the public hearings staff did request that we 
move 8 C 8D 8 e 8f and 8 G uh ahead of the 8B   item I think with the understanding that the 
8B is the meteor probably more time consuming   item is is uh if there's no objection to that 
I would ask for a quick motion I move to move   um item c d e f and g above Item B second moved 
been seconded do you need a roll call on that   Randy or is just a Voice vote okay Voice vote 
all right all those in favor please say I I   I oppose like sign and we'll show that passing 
unanimously 8 C RESOLUTION NO. 2024-59: A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A FIRST AMENDED DEVELOPMENT ORDER FOR A SPECIAL EXCEPTION REGARDING “TOMOKA CHRISTIAN CHURCH”, LOCATED AT 1450 HAND AVENUE WITHIN THE SR, SUBURBAN RESIDENTIAL ZONING DISTRICT, TO ALLOW THE CONSTRUCTION OF A STANDALONE TWO-STORY BUILDING OF APPROXIMATELY 20,000 SQUARE FEET; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. number 2024 59 read by title only 
thank you Susan and I'll ask our   planning director Steven spraker to speak on this it good evening Steven spraker planning 
director this is a request for a special   exception at Tomoka Christian Church which is at 
1450 Hand Avenue in 2008 there was a resolution   that approved the the principal structure which 
was a 61,000 ft um house of worship over 23 Acres   the current request is to do a building of 
approximately 20,000 square ft it will h house   a variety of uses that are Church related um it 
is located behind the green belt this would be   Hand Avenue at the top of the screen so it's 
located behind the existing Green Belt buffer   this would be the existing building of 20,000 ft 
it's approximately 62 ft to the property line um   they do have loading zones they have additional 
um off street parking unimproved located in the   back and they do meet the parking calculation 
as well as their natural preservation which is   exceeded the planning board reviewed this 
this request and recommended approval with   the unanimous vote of 6 to0 the applicants and 
the church are both here if there any questions   they're available thank you any questions for 
the planning director I don't have any cards   commission approval second moved and seconded 
any discussion or questions of the applicant   please call the vote commissioner Tolland yes 
commissioner Sargent yes commissioner Persis yes commissioner Briley yes mayor Partington 
yes 8 D resolution number 2024-60 A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A SPECIAL EXCEPTION REGARDING THE “7-ELEVEN CONVENIENCE STORE” LOCATED AT 3 NORTH YONGE STREET; TO ALLOW TWO ELECTRONIC CHANGEABLE COPY SIGNS FOR THE RETAIL PRICES OF GASOLINE; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE.   this is resolution number 2024-60 read by   title only thank you uh and I'll again I'll ask 
planning director Steven Spraker to speak on this item again Steven Spraker Planning director this 
is a special exception under our code um the   electronic changeable copy signs for gasoline 
is allowed through a special exception process   this presentation actually covers all three 
applications of one um there has been a review   um the application is consistent with the Land 
Development code the uh the application seeks to   take the existing reader boards and then make them 
electronic changeable copy signs this is 460 South   atlan Avenue again taking the existing framework 
of the reader board and making them electronic   1546 W Granada the planing board recommended 
approval with a 5 to1 vote for all three the   recommendation against U the item was to allow 
electronic changeable copy signs in a broader   fashion and not require the special exception so 
there for the the concept they just wanted it as   a different way staff is recommending approval 
and available for any questions you do have a   question I just uh commissioner Sargent how 
often will these be changing and they they   won't be flashing correct no there our ordinance 
requires them to stay solid um I believe it's 6s   hours thank you yeah so E and F it's just three 
different locations correct the same same 7-Eleven   but three different uh one is three North young 
15 West Granada and then 46 what you said for D   covers all three ESS this presentation covers 
all three thank you commissioner Persis yeah I   was looking at Exhibit C the electronic changeable 
copy signage conditions and I think all of those   are acceptable so I just wanted to let you know 
that good job Deputy Mayor Briley Mr Mayor I just   uh go on record saying I think this is pretty 
much standard now standard practice with with   gas stations going to U electronic type signs 
so I have no problem with it thank you Deputy   Mayor commissioner Tolland so I don't have a problem 
with the the the um resolutions that we're asking   for right now but I do have some comments about 
electronic signage when would you like me to make   those comments after the vote whenever I mean now 
now it's fine well so I'll just I'll speak to you   all now then I understand that the state has set 
the regulations for retail gas to be able to be   displayed in electron electronic signage through 
special exception and I personally like the   special exception idea even though it does seem 
very um takes a lot of time at um for us for the   planning board and for us to go through it um my 
comment or questions what um whether other types   of businesses shouldn't be afforded electronic 
signage as well and I was on the planning   board I know with Mr spraker we had a lot of 
discussions about signage electronic signage and   um its limitations and what was appropriate in 
what places um I would like to ask staff if if   you agree commission to revisit the electronic 
signage especially given that technology has   changed for the better offering more options now 
that's including like the light intensity the back   lighting um the changeable timing I mean when 
this we first reviewed it on the planning board   it was a while ago um I personally don't want 
flashing neon lights in a town like that I said   but I think electronic signs can be attractive and 
replace some of the Aging signs that you see in   our corridors that you can barely read now um and 
it's just the fairness Factor as well so if the   commission thinks we should direct staff to look 
at it maybe that's the way to go and workshop it   but if you don't agree then and Mr Briley Deputy 
Mayor I would 100% concur with uh commissioner   Tolland on this uh I remember when this came to 
the planning board back in even the early 2000s   we gave uh we allowed the Trail Shopping Center to 
have a changeable copy sign electronic sign uh we   put some restrictions on it they pretty much held 
by those restrictions for a long time I do think   that when you have a plaza where people are trying 
to find different stores that are within a plaza   and you have some of these stores you can't put 
each little sign up there especially when you've   got you know 45 50 mph traffic on some of our 
major roadways they can't see what's in there   so I do think it's worth reviewing again and and 
taking another look thank you thank you good deal   all right commission I don't have any cards on 8D 
I just need a motion in a second I move approval   second any further discussion please call the 
vote commissioner Sargent yes commissioner   Persis yes commissioner Briley yes commissioner 
Tolland yes mayor Partington yes 8E RESOLUTION NO. 2024-61: A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A SPECIAL EXCEPTION REGARDING THE “7-ELEVEN CONVENIENCE STORE” LOCATED AT 460 SOUTH ATLANTIC AVENUE; TO ALLOW AN ELECTRONIC CHANGEABLE COPY SIGN FOR THE RETAIL PRICES OF GASOLINE; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. read by title only thank you, I Move approval 
thank you you second moved in seconded any further   discussion please call the vote commissioner 
Persis yes commissioner Briley yes commissioner   Tolland yes commissioner Sargent yes mayor 
Partington yes and again D and F are related   just different locations uh 8f RESOLUTION NO. 2024-62: A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A SPECIAL EXCEPTION REGARDING THE “7-ELEVEN CONVENIENCE STORE” LOCATED AT 1546 WEST GRANADA BOULEVARD; TO ALLOW AN ELECTRONIC CHANGEABLE COPY SIGN FOR THE RETAIL PRICES OF GASOLINE; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. an effective date this is resolution number 
2024-62 read by title only thank you I move   approval of resolution number 202462 second moved 
and seconded any discussion please call the vote   commissioner Briley yes commissioner Tolland yes yes 
commissioner Sargent yes commissioner Persis yes   mayor Partington yes 8G RESOLUTION NO. 2024-63: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A MURAL OWNERSHIP AGREEMENT TO ALLOW A MURAL TO BE INSTALLED ON THE WEST FACING WALL OF THE BUILDING LOCATED AT 51 WEST GRANADA BOULEVARD, BETWEEN THE CITY OF ORMOND BEACH; BILL JONES, HIGHLANDER CORPORATION (BUILDING OWNER); AND BETH O’CONNOR (ARTIST); AND SETTING FORTH AN EFFECTIVE DATE. the property is at 51 West Granada Boulevard 
right next to the Grind on the west wall they   are seeking to do this mural require City 
commission approval um it did get reviewed by   the Ormond Beach Art District board who uh very 
excitedly recommended approval this will be uh   the second mural the last one was done in 2019 so 
there's hopes that additional murals will occur   in the downtown um the standards in the Land 
Development code do contain um requirements   for maintenance and upkeep there is a whole code 
enforcement uh provision in there the uh both the   business owner and the artist are here if there 
are any questions thank you Stephen any questions   commission commissioner Sargent so this is 
the current design right correct what if they want   to change do they have to come back before they 
would have to come back to the city commission   and to the ART District board okay thank you 
commissioner Persis I just I just want to mention   that um when when all these murals came about we 
were all so excited to see art in our downtown   and I just want to commend the Ormond Beach 
Art District board for getting this here I   think it's beautiful I think it looks great um I 
like all the stipulations that we have to have to   keep it looking good so just very excited about 
it thank you thank you commissioner Tolland I just   I agree with you um commissioner Persis with with 
the arts district and all it really will add some   excitement downtown I you glossed over and I'm and 
maybe I didn't hear who who does the upkeep on the   mural the business owner the business owner is 
responsible they they contract with the artist   to to maintain it okay if there are issues there 
is a Code Enforcement process to either Force   you know basically M maintenance or to force 
it be repayment perfect thank you    Deputy Mayor I move approval perfect second moved 
and seconded I don't have any cards any further   discussion please call the vote commissioner Tolland 
yes commissioner Sargent yes commissioner Persis   yes commissioner Briley yes mayor Partington 
yes and we will now uh start the public hearing on   8B uh I've previously opened the public hearings 
and before we uh begin I'm going to ask our City   attorney thank you Randy Hayes to uh give us a 
little bit of a uh outline on this item thank you   mayor um I'm going to go over some preliminaries m 
with you um this will be I think the sixth public   hearing you've had on the Tomoka Oaks item or 
Tomoka Reserve item in some fashion or another   so I'm not going to go through in great detail 
what you've already heard but I'm going to give   you a little refresher of course so uh the prior 
application was an application for development   order order under the existing planned residential 
development PRD uh zoning um that application was   Was Heard by the planning board um at meetings 
on um July 13th August 21st and September 26 and   Was Heard by the city Commission on November 7th 
and you will recall at those um prior meetings   that the applicant had indicated that they had 
a pending application to rezone the property from   prd2 R2 if the city commission did not Grant its 
um request to develop the property under PRD at   the conclusion or subsequent to the November 7th 
City commission meeting the applicant notified   the city that it was withdrawing that application 
uh for development under PRD zoning and that it   intended to seek uh a rezoning from PRD to um R2 
the planning board heard that application at its   meeting on January 11th uh at the conclusion 
of that meeting the planning board recommended   to the commission that it deny the application to 
rezone the property from PRD to R2 and that is the   matter that is before the commission this evening 
now you have two options uh presented to you if   at the conclusion of the hearing you believe 
that the evidence supports uh the granting of   the request to reone the property from PRD to R2 
then you would want to make a motion to approve   the ordinance 2024-3 which is 
in your agenda packet and that option would   rezone the property uh effectively from PRD 
to uh to uh R2 the other item that you have   is a resolution with an order of denial that has 
been presented and it's been um formulated based   on a recommendation of the planning staff and 
the the planning board if at the conclusion of   the proceeding this evening you believe that the 
evidence shows that the application for rezoning   should be denied then you would want to make a 
motion to approve option two which is approval   of the resolution and the Order of denial either 
one of those documents can be amended if you feel   like it needs to be amended uh when you get to 
the point that you make that motion now as far   as the burden of proof goes the applicant has the 
initial burden to show excuse me to show why the   application meets the requirements of the comp 
plan and the Land Development regulations and   should be rezoned if the applicant satisfies 
that burden then the burden shifts to those   in opposition to produce uh adequate uh evidence 
to uh show that the application should be denied   the city commission gets the way and balance the 
evidence that it hears and it takes many forms   uh including the reports from the prior meetings 
uh the recommendations from the staff and from   professional experts that you may hear from 
this evening and that who presented before   the the planning board you all get to make uh 
the final decision uh based on the evidence   now your code allows um anybody that um believes 
that they have an affected interest to request   to participate in a proceeding as a party 
intervenor and the homeowners association   Tomoka Oaks homeowners association has made such a 
timely uh petition and you will recall that in the   prior matter of the PRD development application 
that the applicant consented to allow the HOA   to participate as a party intervenor um they 
they are not willing to do so this evening and   so one of the first preliminary procedural 
things that you'll need to go through is   to consider the hoa's request for Party 
intervenor status and then to um discuss   it and then make a motion to either allow them 
or not to allow them to participate as a party intervenor in terms of the um order of business 
this is a quazi Judicial proceeding and they're   typically handled in the same manner um meeting 
after meeting um those members of the public that   wish to speak anybody that wishes to address the 
commission should um fill out a card submit that   to the city clerk if they haven't already done 
so they need to do they need to do so uh you   may wish to have the witnesses sworn it's not 
required but it is certainly uh recommended and   helpful and the city clerk can uh swear in the 
witnesses and mass if that's the choice or you   can do it individually at your uh at your dis 
discretion following the swearing the swearing   in of the witnesses the next item should be uh 
considering the hoa's request for party interview   intervener status um and then after they 
make their presentation to the commission   you may want to afford an opportunity to the 
applicant to address that request as well at   the conclusion of that then you can discuss it 
amongst yourself and make an appropriate motion   following that then you will get into the meet 
of the presentation and as in all matters uh you   would you would start with your planning director 
let him uh present uh the staff's recommendation   to the commission followed by the applicant's 
presentation you should afford them 20 minutes   in accordance with your rules followed by the HOA 
uh party intervenor presentation you should afford   them 20 minutes followed by the residents or the 
non-party interveners each of those members will   be uh allocated three minutes to speak following 
that you can afford 10 additional minutes to the   party intervenor the HOA uh to matters that came 
up during the the presentations and then you can   allow you should allow the applicant additional 
10 minutes uh for rebuttal following all of that   you can get into your own questions and answers 
up here and your deliberations and then you can   make a motion second of either option that you 
want it's an either or option it's either option   A for approval the ordinance or option b for uh 
denial through the resolution Mr Mayor I'll turn   it over to you now thank you uh Randy and I would 
like to have everyone who desires to testify sworn   in I've got 27 cards if anybody still needs a 
card please make sure you grab one fill it out   and turn it back in uh you can get that from the 
clerk uh but let's go ahead and swear in those 27   as well as anybody from any of the parties uh 
applicant interveners uh or otherwise who are   going to be testifying and we'll just have you 
stand in place and uh have the clerk administer   the oath yes please all Witnesses who that who 
will be speaking please stand and raise your   right hand do we have and Susan I'm sorry let me 
just check do we have any people in the Overflow   room people raising their hand out here yeah 
okay people out there bring them in just for a second all right thank you do you swear or 
affirm that the evidence you're about to   give will be the truth the whole truth 
and nothing but the truth thank thank you all right and commission now it's our 
turn to consider uh Tomoka Oaks homeowners   association's request for party intervenor 
status I understand uh in previous hearings   this was not objected to it is objected 
to uh for this hearing and so my plan is   to allow the homeowners attorney to present 
testimony as to why they should be granted   party intervener status and then allow 
the applicant's attorney an opportunity   to show why they should not be and then we'll 
have a chance to discuss it discuss it and   make a final decision so uh the homeowners 
association attorney is Dennis bear you're recognized good evening mayor members of the 
commission Dennis fa on behalf of Tomoka Oaks   homeowners association as has been mentioned 
during the prior resoning process or the PRD   approval process the developers through Rob 
Merill not only agreed that we would have   intervenor status but they sought us out before 
they even filed a petition so we could start the   dialogue start the meetings so your city code 
in section 2210 provides for intervenor status   a lot of local municipalities don't have that 
provision for example Daytona Beach does not   have that so really what you're saying is if 
you have a party that's affected they can be   interveners in this process legally I think we've 
met the standard both under your code as well as   under the applicable state laws that been effect 
from zoning challenges in Prior decisions first we   did timely apply back in December of 2023 and 
then in our application for inter interventor   St intervenor status we included the resolution 
of the board of the homeowners association more   recently we have filed the affidavit from John 
power who was the chairman of the association   outline why we feel we have a basis for standing 
in this process as interveners and Mr Jim Rose is   here tonight if you need live testim testimony I 
don't think it's required but if you look at the   affid for Mr power he references the fact that 
there's 178 homes in Tomoka Oak subdivision that   are contiguous with the golf course um and that's 
out of the 340 members within the association this   is not an association it was just established for 
purposes of fighting this development the bylaws   which are attached to Mr um Powers affidavit 
which were established in 2015 indicates the   purposes for the association are to beautify the 
community to make the community a more enjoyable   and attractive place to live and this one's 
kind of interesting to provide members leaz   on with Tomoka Oaks Country Club which we all 
know is not there any longer management and   with various government governmental and other 
organizations so clearly we're not some Fly by   Night organization longstanding of involvement 
the association was involved back in 2006 with   the development review that occurred back then 
and there was a much lower density proposed with   the uh recreational space remaining so that the 
case law on the state of Florida is pretty clear   oh and we are also in good standing with the state 
of Florida as an active nonprofit corporation so I   think we you know checked off all the boxes that 
need to be checked off clearly my clients will   be affected as set forth in um Mr Po affidavit 
new homes are going to be constructed under the   R2 proposal virtually on the backyard property 
lines of the existing Property Owners it also   establishes that increased traffic with 
volumes greatly exceeding the prior golf   course usage poses a safety issue and will cause 
congestion the loss of open space and buffering   will negatively impact the natural resources 
to the neighborhood and the HOA members who   reside on the golf course had the reasonable 
expectation that the property they invested in   would be adjacent to open space and perpetuity I 
suggest to you if we don't have standing then you   shouldn't even have this provision in the code I 
cannot think of a party that is going to be more   affected by this proposed development all the 
traffics going be go through the existing roads   and everything else so I submit to you we've we've 
met our burden and hopefully you'll agree with us   thank you thank you and now uh the attorney for 
Tomoka Reserve will have an opportunity to present   any evidence why the homeowners association 
should not be granted party intervenor status   thank you Mr Mayor Carl Sanders for the applicant 
112 A1A North P Beach Florida uh just to be very   clear we had absolutely positively no objection uh 
for this uh body giving Mr uh Bayer as much time   as he needs to make a meaningful uh to provide 
you with meaningful uh comments on his client's   opposition to this application uh and to have a 
fair opportunity to do so no objection to that   at all uh our objection is a simple legal one 
I won't belabor the point it's a jurisdictional   argument for law not really for this proceeding uh 
and we would respectfully submit I agree there's   no live testimonies needed uh if Mr bear wants 
to rely on the documentation that he referenced   to establish legal standing uh we would simply 
say that we respectfully uh disagree with his   conclusion and believe that it does not establish 
the reidite legal standing that would be necessary   to prove in a court of law um but in terms of them 
having time to uh be heard tonight we again they   can have as much time as they need uh or we 
want everyone to be heard thank you thank you   commission uh now is our time to discuss and 
I think with the comment of no objection that   probably makes it a lot quicker and easier but 
uh at the end of the discussion um just need a   motion in a second so moved second all right and 
that's Deputy Mayor is to Grant the hoa's request   for party intervener status correct and the 
secondary correct great uh please call the vote   on that commissioner Sargent yes commissioner 
Persis yes commissioner Briley yes commissioner   Tolland yes mayor Partington yes and we will start 
with the planning director's presentation on 8B good evening Steven spraker planing director 
so this is a zoning map amendment to go from   plan residential development to R2 which is a low 
density residential subdivision uh the property is   located at 20 tomoka Oaks Boulevard on the screen 
to the left is the land use for the property   the land use is low density residential and the 
existing zoning is plan residential development   so the history of of the property in question 
it was planted in 1961 as a golf course uh the   residential lots developed around the golf course 
and it developed a symbiotic connection between   the golf course land and the residential lots 
in 2006 there was an application to change from   the R2 single family low density to the plan 
residential development development order and   that development order issued um approval for 119 
multi family lots three single family homes and   it preserved the golf course in 2014 that 2006 
approval expired there was no construction and   a development order expired in 2021 triumphant 
Oaks of Ormond Beach 1 purchased the golf course   which the land area had closed in 2023 there were 
a series of three planning board meetings and   a city commission meeting as referenced by City 
attorney Hayes the City Commissioner uh remanded   the application back to the planning board to review 
concerns including density traffic compatibility   with surrounding neighborhoods lot sizes and 
natural preservation in November of 2023 the   applicant withdrew that issuance of development 
order application and they sought the zoning map   Amendment which is before you tonight so what 
is a zoning map Amendment it is a um I like to   say it's changing colors on a map so there is no 
there is no site plan there's no buffers there's   no individual site development characteristics 
that you can review what the what the changing   colors on the map does is does it does allow 
certain entitlements it allows uses whether   that be single family or other uses within 
the R2 zoning District if approved that R2   would allow the development of 100 by 100 minimum 
Lots so 100t in depth 100t in width that approval   process goes through the the technical review of 
the site plan viiew committee and it comes back   to uh the city commission for a preliminary plat 
which are Construction drawings and then it would   come back again before the plan board and City 
commission as a final plat the final subdivision   so that is if the R2 is approved in the staff 
report there is an analysis based on section   two 2-2 of the Land Development code there are 
five um corresponding compatible zoning districts   the applicant is seeking the R2 um some of the 
reasons for that is the zoning District prior to   2006 was the R2 zoning District the surrounding 
subdivision is zoned r to the single family low   density and it's consistent with um the low 
density residential within your packet there's   also letters from the project attorneys detailing 
um the compatibility R2 Zoning District the planning   staff's review of the application is throughout 
the process um of the development order there's   been a recognition and acknowledgement that the 
Tomoka reserve property is unique and unusual   the goal the overall goal of this zoning map 
amendment is to assign the most appropriate zoning   yes you have five choices but the goal is to 
recognize the unique and special characteristics   of the golf golf course land staff believe that 
the existing plan residential development   zoning district will provide a better overall 
subdivision design standards for recreation open   space and natural preservation in the previous 
um hearing the commission acknowledged the   plan residential development zoning was most 
appropriate for this unique one-of A- kind   property to mitigate negative impacts and to have 
a site plan with it development of the land area   under the plan residential development in staff's 
opinion is better suited to accomplish the goals   and objectives of the city's comprehensive plan 
and Land Development code AS referenced earlier   the planning board did uh review the zoning map 
Amendment it did recommend denial with a 70 vote   um the applicant is also here to address the city 
commission thank you Stephen and uh now we will   as the applicant to speak on this item and 
they have 20 minutes that'll be followed by   the Home Owners Association attorney with 
20 minutes and then we'll move to uh card good evening again good even this looks like a lot 
of stuff don't worry look um be very respectful of   your time and I appreciate the 20 minutes I've 
had  I've got Mr Kurete up here again this   is Carl Sanders for the record on behalf of the 
advoc um I'm going to be going through some of my   Preparatory comments and I have one witness this 
evening it's Mr Kurete he's going to speak to the uh   appable criteria and the zoning issues that Mr 
spraker just went briefly through for you as well so why are we here tonight why am I here 
tonight uh I'm not here to make a sales pitch   this is not a rezoning application there is no 
proposed development for you to consider there   is no rezoning for you to consider what you have 
is a zoning map Amendment an application for a   zoning map Amendment and I'm going to refer 
to it repeatedly as zma just like your staff   report refers to it just like the proposed 
ordinance on your agenda refers to it it's   a zma it's a zoning map Amendment that's a very 
important thing to remember so what I want to do   this evening is very briefly to state to you uh 
what the legal significance of that distinction   what it means for your decision tonight uh and 
what it means for going forward uh we are not here   to talk about a PRD rezoning application uh we're 
not here to talk about a proposed PRD development   board that ship is sailed uh and despite the 
fact that there are multiple references and staff   report to that and the opposition's uh testimony 
from their expert Witnesses uh relate to that   we're not going to talk about the development 
we're we're only going to talk about what is   before you tonight which is our application for 
you to amend the zoning map and so and before I   said that I do have some additional documents I'm 
not going to be using any of them I just want them   for the record uh and Debbie has been they on the 
side I'm sure that Randy won't have any objection   we received about over 25 200 pages of documents 
on your backup agenda as I'm sure you're aware   this is just more paper I didn't want to hurt 
another tree and it's simply uh for uh for the   record it is uh the actual hearing transcripts to 
supplement the minutes that are already in your   report uh and out of an abundance of caution it 
also includes the written uh supporting materials   that were submitted with the PRD application those 
documents may already be in uh your agenda I don't   know if we haven't been through all of them but 
that's just um again just as a cautionary point so Mr spraker said is that the the first thing he 
said is is absolutely accurate what is a zoning   map Amendment he said he likes to refer to it 
as changing colors on a map that's precisely   what it is it's not has nothing to do with a 
proposed development and it's because those   colors allow different uses on the property 
it's a pictorial representation of what the   associated zoning districts are for the property 
tells you what you can do with your land and so   you have a color and you have a label our 
label is currently PRD uh the label for the   zoning District we are asking for is R2 R2 is the 
zoning District that this city determined was the   most appropriate zoning district for this piece of 
property and every single piece of property that   surrounds us you made that decision or this 
city the city commission made that decision   a long long time ago that is not in dispute the 
issue here is what happens when you lose your PRD   development order and it's a critical issue and 
it was something that Mr spraker earlier reports   addressed in quite quite detail and accurately 
and so compared with what is the current report   that's before you says that the purpose is to 
of this proceeding is to uh assign for the quote   unquote most appropriate zoning district for the 
property I could not disagree more the purpose   of this proceeding and your role is analogous 
to the purpose that uh your city staff repeated   during the prior hearings when we were seeking a 
development order to attach to the PRD map label   the map color that we have and as was repeatedly 
stated over and over again by your staff and us   that PR we have no zoning entitlements we cannot 
use our property it's the development order that   identifies the uses that you can do with a PUD 
it's the development order that defines the   standards uh on which the development must proceed 
and that's the fundamental difference between a   PRD which as you know is a negotiated zoning 
District it's voluntary it cannot be mandatory   as a matter of law and the reason for that is 
unlike your conventional zoning districts R1   R2 r2.5 R2 R3 the code there are no published uh 
development standards to advise a property owner   as to how they can use their their land how they 
develop it what's setbacks what kind of uses are   permitted the PRD development order is what fills 
in that Gap and so when you lose that do you're   in no mans land you have nothing and typically as 
a matter of law the way that uh many communities   draft these PRD agreements is if the development 
order expires and it is very common that that   happens all the time there's a deadline set for 
completing construction development and if expired   you're done and if it passes then the do expires 
and in most cases what happens is a matter of law   AO your prior zoning automatically reverts back 
to the property you never are in no man's land   because the law says you have to have some zoning 
designation something but with substance and and   here we don't because we have a we we have a we 
have a label on a map with a color that tells us   nothing and the two there are two ways to fix 
it one option is to propose a new development   order to negotiate a new development order with 
a new site plan we tried that didn't work decided   the ownership decided that they would just uh 
proceed with the same zoning district and same   rights that everyone else is entitled to which 
is why we're here tonight we we're asking you to revert that map label back to what it has 
always been R2 we're not asking you to propose   a development plan we don't have one yet that 
doesn't come until later as Mr spraker said   when you have a conventional zoning District 
there's a whole different set of pro process   for reviewing the applications so the purpose of 
this application uh again is I'm going to read uh   the city staff's uh exact words that were set 
forth in the prior application again I mentioned   that they repeatedly stated we have no zoning 
entitlements which is a true statement that's   the reason that we went for option one first for 
the new PRD development order and I quote from   City staff the purpose of the application the PRD 
development order application that was withdrawn   is to provide a doning zoning designation through 
the issuance of a development order that details   what is allowed on the property the property does 
not have any allowed zoning uses that's where we   are staff recognizes that recognizes that we went 
forward with option one didn't work for us the   property owner gets to make that determination not 
the city because Purity is voluntary not something   that can be mandated and so we are now proceeding 
with option two and the purpose of the application   is the same the purpose of this application is 
to provide a zoning designation R2 through the   issuance of a map amendment to change that label 
that details what is allowed on the property and   those details are set forth in your zoning code 
for R2 what types of uses are allowed and what   the development standards are so we were asking 
that you consider that uh this evening or keep   that in mind this evening when you're considering 
all the comments that are made and I'm sure that   most of the comments certainly that we heard 
at the planning board were analogous to if not   identical to ones that that we've all heard 
before uh and we know they're they're opposed   to develop other property um and we understand 
that and but we're not here to negotiate that's   not the purpose of this proceeding tonight 
the only question for you to consider is   are you going to approve our request to change 
that label on the map so that we actually have   development rights and I would respectfully 
submit under the very clearly established law   not only at the State of Florida but of the 
United States you have to assign something   you cannot leave someone in no man's land you 
cannot tell someone you have no rights to use   your property well you can do it but there are 
consequences and those consequences is a path   that none of us here want to go down and that's 
what's referred to as a taking lawsuit I'm not   here to talk about that you're all familiar 
with that usually what we talk about in these   proceedings which is what I'm doing tonight is 
what is this record and if the vote comes out   out that we don't agree with we have a record 
we appeal it uh and the pellet Court can say   yeah the city got it right or wrong say they the 
city got it wrong they send it back and say yeah   you need to do it right um no harm no foul there's 
no monetary consequences without other than the   time it takes for your legal counsel to go through 
those proceedings with a takings claim you've got   a $40 million damages claim waiting out there no 
one wants to do that which is why I am imploring   you to follow what the law requires and give us 
give these Property Owners the property rights   they're entitled to with that being said I know 
going quickly I've got Mr uh Marcus here he's our   professional planner and I do want him to uh go 
through some of his comments on the zoning issue   like spraker did but not too much and I'm going to 
try to go through that quickly see out of time   I wish I had five minutes more but Mark come on 
up uh and and I know that you all know Mr spraker   it's going to be a little unconventional because 
I have some specific questions to ask him and the   purpose of that is to kind of speed him through 
his report uh so that we can go forward so uh Mark   if you would introduce yourself and name of the 
reference my name is Mark coret uh my professional   address is 300 Interchange Boulevard Ormond Beach 
I'm the director of planning uh with Zev Coen Associates Mr I just handed the city clerk 
a copy of a memoranda that you prepared in   con to this application uh this is the memoranda 
that you prepared correct correct okay let's go   through it real quickly the first part of your 
memoranda you go through the criteria that Mr   spraker went through earlier uh is that correct 
that is correct okay and ACC according to your   report it appears that only two of the 8 n 10 
criteria uh two of the nine criteria referenced   by Mr spraker uh are applicable to your analysis 
according to your report is that correct that is   correct okay and one of the reasons that set 
forth in your report for that uh conclusion   is the wording of the criteria is that correct 
that is correct and every single criteria but   one starts off with what three words each of the 
criteria what three words does each criteria start   the proposed development is there a proposed 
development before this commission's anied no   okay so criteria one also basically ask does 
the application conform to the standards and   requirements of Land Development code your answer 
is yes and your report correct correct that is   what I stated it conforms to the land on that and 
why does a conventional zoning District whether   it's R2 or R3 conform with a land development code because 
those conventional zoning categories were created   so that they conform to the land on code so they 
are the Land Development code correct they're   internally consistent that is core analysis no no 
number two the the a math amendment is consistent   with the comp plan did Mr uh Spraker's report find 
that the uh the R2 zoning was inconsistent with   the comp plan no he indicated it was one of uh 
five uh zoning categories that are consistent   with the comprehensive plan designation 
for this property low density rezone and   at Mr Spraker report when he was going through 
the other conventional zoning districts uh he   had recommendations on those correct From staff's 
perspective yes correct R1 staff said staff would   not support R1 correct correct said staff would 
not support r25 correct correct staff would not   support R3 correct correct did he say staff would 
not support R2 no he didn't say okay but he did   say staff would support PRD right yes he did is 
there a PRD application before this body's  no in your report you also discuss the distinction 
between PRD and conventional zoning districts is   it possible to have a PRD zoning District a zoning 
label without a PRD Do is it possible for that   PRD zoning label to be consistent with the comp 
no because it's the development plan that would   make it consistent the label does not thank 
you you also um excuse me go through the U staff report U again on page five of your 
report which been handed out and U my I   have a copy from Mr Spraker so if there's an extra 
one up there if not I've got one I'll thank again as we already discussed and you heard 
sprinker said he uh concluded that PRD was   quote unquote more appropriate uh correct correct 
that that's the statement in the staff report so   and so what was it about the report that you found 
problematic in your section on review of city sta   well F first of all it never explained why the R2 
zoning should be denied uh it's a denial without   any explanation in the staff report other than 
the fact that uh Mr spraker opinion was that   the PRD was more appropriate did he cite to any 
of the criteria that they didn't meet for that   conclusion no is there a of the code that actually 
sets forth the criteria to be used for reviewing   a zoning map Amendment uh yes there is is that 
section 2-3 of the city's Land Development code   yes yes it is and what is subsection a of that 
section entitled uh map Amendment correct and   the map the code says it sets forth the procedure 
Set uh for reviewing map amendments uh and when a   private property owner files an application for 
map Amendment what does the prop property owner   have to prove in order to be entitled to a map 
Amendment what do they have to prove they they   have to prove uh that that the property basically 
the way this works is it's it let me rephrase that   they have to establish that the application is 
consistent with the comp plan correct correct   they have to establish that the application meets 
the procedure requirements of the of the zoning   code correct correct which basically align with 
Criterion one and two of the nine criteria used by   staff correct correct okay once that happens and 
let me ask you this the city staff report standing   alone does it does it uh establish consistency 
with the comp plan that R2 is consistent with   the comp plan states that it is once that happens 
what is the obligation of the city in its review   do they have to app prove it or do they have 
the option to deny uh the the burden of shift   uh sh uh goes from the applicant to the city but 
they can deny it if they can demonstrate that the   maintenance of the existing zoning classification 
respect to the property accomplishes a legitimate   public purpose that's reading directly from the 
code right and that's from the Snider case law   as Mr bear is aware MREs as well and so the 
existing zoning classification is a PR is PR   correct correct and it's a label with no substance 
correct correct is there any legitimate public   purpose in maintaining a zoning label on a map 
that does not permit a private property owner to   use his property there there can't be a legitimate 
purpose for denying a a person the ability to   develop the property thank you I do have Mr Mayor 
can I have six more seconds I uh commission do you   want to give him as much time as he may consume 
up to maybe 10 more minutes just the Way's covered   and we'll do this we'll do the same thing for 
the uh party intervener five minutes five did   I hear five I heard five all right we'll Grant 
you thank you an additional five Susan if you can   adjust the clock good deal I think it's important 
to create the record let you say everything you   want to say we're definitely going to let the 
party intervener say everything they want want   to say we're definitely going to let the residents 
that want to testify say everything they want to   say so uh thank you very much thank Y in a in a 
corporate seeding what we have to say would take   about six hours so it's very difficult and we're 
certainly cognizant of your time and no one wants   to be here that understood I'm just going to again 
to finish up uh excuse me uh Mark with respect to your report you've been U include you then conclude in 
your report in fact you site to those that   section of the code 2-3 and identify that that 
is in fact the correct criteria for analyzing   a zoning that amendment is that correct correct 
okay and in your staff report you also indicate   that it you described Mr Spraker's report as as 
unusual uh in the sense that it was different   than other reports you've seen from him is that 
correct yes in the in the sense that it didn't   it didn't interact directly with the actual 
application so the conclusion didn't site the   specific criteria that he uh that he was relying 
on is that correct correct supporting criteria   and in your report you also include and attached 
a copy of reference to another zma application   that was considered last year 2023 is that correct 
correct in that zma application the property owner   had no development rights is that correct that is 
correct and in that zoning application they sought   a zoning map amendment to change their PRD which 
had an expired development order to a conventional   zoning district is that correct that is correct 
and in that staff report Mr spraker concluded   that the uh the only criteria that really 
were applicable were the first two criteria   consistency with the comp plan in compliance with 
the regulations is that correct that is correct   and in that report Mr spraker concluded uh that 
the application should be approved by the city   Commission because there is not a basis to deny 
it is that correct that is correct and in that   application this city Commission in 2023 approved 
the application is that correct correct thank you Mr uh Karet I'm going to show you a 
document now I've got copies for everyone   I went through this very quickly and this is 
an email I want to ask but did had you seen   this email before you prepared your report no 
what's the date on the email who's it from it   is uh from Steven spraker to Randy Hayes it is 
dated 12 2023 it sure is let me quote from it   good morning Randy staff is working on the 
Tomoka reserve zoning map Amendment staff   report we are having issues with the analysis 
of why R2 zoning is not an appropriate Zoning   for this property R2 single family supporting 
points before 06 it was R2 everything around   it R2 the R2 is consistent with the cop plan 
planned residential development standing today   this label zoning has no entitlements with it 
that's completely absent from the staff report   and that's important lastly planed residential 
development researched other Florida cities and   contacted other local planners cannot find another 
city that has assigned a plan development with no   development order there is a reason for 
that because it's illegal you have to   have documented property rights period and 
that's why we are asking you to approve the   amendment application lastly uh or two last 
questions uh and you have not seen these do   before but this is this also an email from 
Mr Spraker attaching a copy of his staff report is that what it says attached is a is 
a draft staff report let me know a good time   to discuss okay and that staff report is not 
the staff report that this city commission   has before tonight is it I'm just looking at it 
does not appear to be so I'm going to show you   the attachment to the follow-up 
email which is a Redline draft of Mr Spraker's initial draft report 
his professional opinion and what you   have before you is a Redline markup draft 
of changes revisions deletions insertions   that were prepared by the City attorney 
Mr P do you see those strike through in   add distance yes thank you very much now we'll 
hear from uh Dennis bear the party intervener attorney (Inaudible) Mr car we work together on yes we have 
you're the planner city of Bunnell part back in theast We are continuing planning consultants for 
uh the the city of Bunnell and there was a project   we worked on where your initial staff report 
evolved and changed over time correct you want   to cross from the fairgrounds different number 
of lots different configurations access issues   things change over time with a project correct 
I I don't believe I actually worked on that   particular project um you're not an attorney 
are you no I'm not so but your staff report   gives legal conclusions that are from the looks 
like from the Snyder decision correct denial res   zoning approval is not arbitrary discriminat 
reasonable in rendering a decision that's   not planning language that's legal lease right 
this actually comes out of the Land Development   okay so this hearing has been postponed what three 
or four times this particular hearing yeah this   one coming to the city commission th this one has 
been so how long have you had this report uh the   date on it uh I started working on it on Saturday 
okay but it wasn't provided to us or anybody else   till tonight again right just like the planning 
board all these reports came at the last minute   motions at the last minute I I finished it 
a couple hours ago yeah you've had how many   months to work on it uh I haven't had months to 
work on it I have no further question thank you   redirect uh Randy I did not want to get into a 
uh direct and redirect situation here they had   20 minutes the intervener had 20 minutes they took 
25 now the intervenor has 25 I think that's where   we're so let let let me try to reground everybody 
right so this is not a courtroom um was kind of   inferred earlier in the proceeding right uh this 
is a this is a quasi judicial proceeding before   a local governing body board uh formal Rules of 
Evidence do not apply um There are rules that do   apply there needs to be a a sense of fairness and 
reasonableness uh and uh um you've been presented   with a lot of information to consider this 
evening that has not been presented before the   meeting which is consistent with what Mr Sanders 
did before the planning board as well I would   just make a particular note of that to Mr uh Hayes 
testifying uh Mr Sanders this is my time sir uh Mr   Mayor I'm not testifying I'm giving you guidance 
thank you uh and Mr Sanders can object all he   wants and I will that's excuse me Mr Sanders it's 
my turn Mr Mayor you do not necessarily need to   allow redirect you may if you believe that it's 
fair under the circumstances um you just need to   be your um need to administer the proceeding with 
a sense of fairness and reasonableness to all of   the participants that includes the applicant as 
well as the HOA and other interested parties all   right thank you and so now is the hoa's 25 
minutes I'm fine with reserve my time later thanks good evening I apologize for the cross 
examination I just a little surprised to see last   minute submissions after what we dealt with at at 
the planning board uh when we were going through   the last round of hearings on the PRD proposal I 
mentioned that okay now they're going to come back   with a nuclear option but I think now tonight 
they're coming back not only the nuclear option   but the threat of going to allout nuclear war 
but now they're going to sue you for a DAT plan   I'm not going to be very long tonight I think the 
case law is pretty clear I haven't seen one legal   precedent provided by Mr standers that stands for 
the point that they have no entitlements if you   recall we went throughout the entire last process 
the developers were saying we want your feedback   this is what we're proposing we want your feedback 
well the planning board gave their feedback on   what three occasions you all gave the feedback 
said take it back to the planning board because   this is what we want to see well they didn't 
want the feedback because obviously they didn't   take it back to the planning board they came back 
with a nuclear option and now you think threaten   litigation on a tak's case my recommendation is 
you have very competent counsil listen to your   attorney he will steer you in the right direction 
but included within your package of information is   what we call the Snider decision Florida Supreme 
Court it's been a guiding star for land use cases   for since 1985 or 1986 it has two critic IAL 
components to it that I think can help guide   your decision tonight first is that the local 
government you as the elected officials have the   discretion to decide the maximum density provided 
for in the code whether it will be allowed under a   particular set of circumstances the second aspect 
of Snyder that's really critical is that the city   has authority to maintain the existing designation 
or zoning on the property where the decision   accomplishes a legitimate public purpose and the 
decision is not arbitrary discrimin discriminatory   or unreasonable if you look and it's kind of 
surprising because the application that they   gave you tonight where this went right through 
and there were no issues look at the map that's   attached to it it's vacant land surrounded by 
vacant land and I95 it's not the hole in ad donor   you know what you're dealing with here is a golf 
course that was constructed at the same same time   as all the 340 some residents in that neighborhood 
and so those are really particular factual   decisions that you can base your decision upon 
tonight Mr herski is going to come up in a couple   of minutes and tell you in his expert opinion as 
a planner there's other zoning categories that   you can put on this property and at no time when 
we went through the entire prior process did you   or the planning board tell the developers you 
have no rights or entitlement on the property   it was you need to irrigate the buffer so the 
plants will live lower densities that take into   consideration the development patterns in the 
neighborhood so there was never a denial they   could have had a development order if they had 
really wanted to listen to you we wouldn't be   here tonight so the comments I'm going to leave 
you with last is to quote MC Jagger You Can't   Always Get What You Want but if you try sometimes 
you get what you need because if if you remember   um the same firm Mr Merl's firm that representing 
developers in 2006 said that was an example of   smart growth keeping the Green Space lowering 
the density that's what we'd like to see thank you good evening good evening my name is 
Tom harski uh I'm a resident of Tomoka Oaks   although I don't live on the golf course um I am 
a professional planner I have a master's degree   in city and Regional planning from ruter 
University uh m a member of the American   Institute of certified planners having qualified 
in 1983 and I've been a practicing planner in the   State of Florida since 1973 and I think we have 
a full resume in the in the packet somewhere Tom   if you could speak directly into the microphone 
some folks are having trouble hearing you okay   um we're here to view a proposal for R2 single 
family zoning that will set the parameters for   proposed new homes while we don't have a 
specific subdivision proposal to consider   I think it's reasonable based on what we have 
heard so far going through this review process   that somewhere in the neighborhood of 300 
homes is what we're likely to see as a result   of that zoning it is true that the existing 
Tomoka subdivision is zoned R2 but it's not   automatic that resoning to R2 is mandatory 
or even maybe the most appropriate action and   choice 60 years on from when the subdivision was 
developed facts have changed and the neighborhood   has changed I prepared um a written analysis that 
uh we provided for the packet about two weeks ago   um we do support the staff report we support 
the the other report that our neighborhood has   prepared by uh had prepared by Max forgi as a 
as a qualified planner my report is dated March   22nd of uh this year uh in that report I noted 
a set of facts that I think are relevant to the   case um and provided some analysis based on those 
facts for your consideration I'm not going to go   through the whole range of uh a whole list of 
factors I'm just going to try and hit a couple   of the highlights for you in the in the interest 
of being a little bit brief the subject property   has a long history is an open space and Social 
Hub for the Tomoka Oaks Community you know while   the golf course has closed the property really 
doesn't assume a mantle of vacant property with   no relationship to the neighborhood surrounding 
it the property was designed and intended as   Community open space and Recreation and deserves 
to be included included in the project analysis   uh based on that status we did a calculation of 
density for Tomoka Oaks uh considering residential   uses considering open space the developed density 
of the neighborhood is about 1 and A4 units per   acre we um while just a quick comment on 
traffic we've had a traffic study that's   been done although not updated for this project 
for or for this application but based on the   use that was on that property prior we can expect 
with the with the expected number of residential   units about a ninefold increase in traffic in the 
neighborhood whether or not the road Network can   handle that or not we're still going to see 
a significant increase in Associated safety   concerns for pedestrians for cyclists and uh for 
automobiles in the neighborhood we've talked a   lot about tonight about the zoning needing to be 
cons consistent with the comprehensive plan and   that is true um we know from the staff report and 
uh that R2 zoning is one of five zoning options   that the city code identifies as consistent 
with the land use that's applied the question   is which of these five options is most compatible 
for with the neighborhood our state statute gives   us a definition of compatibility uh a and in in 
the statute it's defined as a condition in which   land uses or conditions can coexist in relative 
proximity to each other in a stable fashion over   time such that no use or condition is unduly 
negatively impacted directly or indirectly by   another use that no use or condition is unduly 
negatively impacted directly or indirectly by   another use the fact that an adjacent use 
might be the same similar in typ single   family to single family does not mean that they 
cannot be intrusive and that they cannot be uh incompatible as we've discussed extensively at 
all of the hearings there's a close relationship   and intrusive essentially relationship between 
the proposed project property and the and the   neighborhood literally the only place that 
doesn't butt up to a house and Tomoka Oaks is   the old driveway into the golf course um the core 
discussion that we had during the PRD hearings   was about methods to minimize the intrusive 
impacts upon the existing neighborhood and now   the neighborhood is being asked to absorb a more 
significant impact be because of the intrusive   nature of the proposed development the requirement 
for excuse me for a compatible project demands   an impact acts from the new development follow a 
density and lot size compatible with the existing   neighborhood while the R2 zoning would seem to 
be an easy Choice the development of the subject   parcel at R2 minimum standards and we could 
certainly expect they'll be developed at minim and   standards to get the anticipated unit yield that 
suggests a level of incompatibility the actual   development of Tomoka Oaks has occurred well 
above the minimum R2 standards as evidenced by the   the neighborhood density at 1.27 units per 
acre the developed Tomoka Oaks is about 25%   of the density Allowed by the comprehensive 
plan and about 50% of a project that would be   in the 300 unit uh range if we use density as a 
comparison between the new and old neighborhoods   as is reasonable to minimize the intrusive impacts 
then the table of consistent zoning classification   suggests that R1 rather than R2 is the most 
compatible Choice after planned residential   development the resultant project under R1 would 
yield a project density closer to the developed   character of the neighborhood and it would 
certainly lessen external impacts from traffic and   from reduced Public Safety the written report that 
I provided um included a number of analysis of of   comment commentary that was um that was provided 
with the application by the applicant um we found   that a number of those responses are inaccurate 
and some of it is irrelevant to the question that   was asked them without going into detail I just 
want to make it clear that from our analysis we   do have some objection to the data that was 
supplied on the application itself in summary   the proposed development creat some negative 
intrusive impacts into Tomoka Oaks both in terms   of land use and Public Safety that the requested 
R2 zoning does not effectively mitigate we think   that PRD is the best choice but if standard 
zoning is to be applied R1 provides the most   consistent and most compatible option thank 
you Tom before you sit down I I do have one   question for you how many local governments have 
you been involved with as a planner during your career probably hundreds consultant as and a   staff how how many as an actual staff 
planner somebody working for the local government uh not on a contract basis it be be 
three so during your time where you worked as   a municipal or local government attorney you 
planner or planner excuse me sorry I didn't   mean to insult you how many have you um seing a 
staff report that evolves over time as a result   of interaction between staff members frequently 
so that's not an uncommon not uncommon thank you   no further questions thank you Dennis anyone 
else we have all right this time uh we areep   prepared to move forward with the cards I'm 
going to call five cards at a time uh you're   welcome to come sit up here uh or at least be on 
standby knowing that you're in in that number do   you need okay anyone else need a break commission 
okay all right Carolyn Davis will be number one   Jeff Bole will be number two Marsha Rudman will 
be number three Barb Moore will be number four   and Darla Whitnall will be number five we'll call 
you in groups of five and first up will be Carolyn Davis Caro are you ready sorry no she should 
be able to hear in there um Carolyn Davis   46 Oakmont Circle I have taken the oath City 
policy 1.1.3 is the city's safeguard for   ensuring Ormond Beach retains its character but 
how is character measured it cannot be weighed   or assigned a mathematical formula so actions and 
past Behavior become the measure of character two   pivotal Decisions by the Ormond Beach Board of 
adjustment in 196 1 and 1962 set the standard   for Tomoka Oaks neighborhood character in April 
1961 the board unanimously approved the request   of Tomoka Oaks Inc for permission to construct 
a golf course in the center of Tomoka Oaks at   that time section three of our city code which 
was entitled special exceptions permissible by   Board of adjustment allowed the board to permit 
construction of a golf course in a property   conventionally zoned r2a permission was given 
the second pivotal vote occurred in November   1962 when the board unanimously provided Tomoka 
Oaks Inc permission for all houses adjoining the   golf course to have a setback to within 15 ft 
of the rear lot line to take advantage of the   adjoining Golf Course the decision was made 
after hearing testimony by Tomoka Oaks Inc   that the setback would prevent encroachment on 
another person's property that the golf course   would be there for 99 years and that there would 
be no subdivision of the property conventionally   zoned r2a the only recorded City document I was 
provided which modified that special exception   was the city's 2006 PRD resoning approval 
limiting residential development to the core   of the samne golf and country club property while 
retaining the 18 hole golf course Green Space in   perpetuity I request that you deny the applicants 
resoning Amendment for R2 and uphold the voting   decisions of your predecessors who recognized and 
protected open recreational greenspace land use   of the samne golf and country club property 
regardless of zoning should you your denial   be appealed by the applicant I request the city's 
legal representative not forfeit our greens space   perpetuity in any settlement or mediation but 
instead make that perpetuity a condition of any   allowed zoning uses thus continuing and protecting 
the character of Tomoka Oaks thank you thank you Jeff Bole 614 North heala Drive in your hearing 
last November the commission said that Tomoka   zoning should remain a PRD to address density 
traffic and other issues the applicant have   ignored your recommendation they now ask you to 
reone this property to R2 to enable more units   more density and more traffic and to eliminate 
all further public hearings on these questions   how much density is too much will the additional 
traffic compromise safety will adjacent property   rights be protected the proposal threatens 
the quality of life for nearly 2,000 homes   and ignores a comprehensive land use plan 
that says preserved neighborhood character   and Do no harm in 2006 the city commission put 
development limits on this property when three   Mayors past and present approved a maximum of 122 
units conditional on preserving the golf course   open space in perpetuity mayor Costello question 
traffic commissioner Kelly question homeowner   sight lines commissioner Partington question 
neighborhood impacts the 2006 development order   one unanimous approval from the city commission 
the residents and applicant attorney Rob Merill   it set absolute limits on future development of 
the golf course all parties including Rob Merill   signed off on those limits and the facts are all 
there in the city commission minutes of October   3rd 2006 anybody can go read it though the PRD 
expired in 2014 the land use limits and the intent   of the city commission development order have not 
expired since 2014 Federal Court decisions have   protected Golf Course Green Space from residential 
conversions even after golf courses have been   closed the 2006 City commission and federal 
courts set legal precedent you are on safe legal   ground to uphold their president by denying 
this rezoning Mr Mayor commission thank you Mr Mayor Commissioners um I'm Marsha Redman 
uh one too Boulevard Unit 116 in Escondido   um I've been a resident in Ormond Beach 
for 33 years um Escondido 21 years and   I just feel that the applicants plan is 
not the right fit um it will change the   character of the neighborhood change the 
character of the city um I know you've   already heard um all the pros and cons 
and so I just can't emphasize enough how   important it is for us to try to uh maintain the 
character of the neighborhood and the city thank you Darla whitnell seven ch Trail thank you to 
our city staff Steven Spraker the planning board   our commissioners and mayor Partington for your 
dedication to objectively studying the facts in   this proposal I would like to read the first 
sentence of our City's mission statement to   ensure Ormond Beach is one of the most 
attractive stimulating and innovative   communities in Florida while protecting our Rich 
history and maintaining our unique charm I was   reading our 2022 Parks and Recreation master plan 
which cost the city $125,000 1,100 participants   were surveyed a golf course was mentioned in 
six of the surveys in the Parks and Recreation   master plan these are the following pages on which   a golf course was mentioned page 132 
page 149 page 155 186 191 and Page 231 the participants of the survey vo 
that they wanted another golf course   in our community the survey 
also mentions four different   avenues for the city to take in order to fund 
this golf course if we were to have a willing seller also I just found out that the Tomoka Oaks 
Boulevard the one and only 450t Road leading out   of Tomoka Oaks is a protected Scenic Scenic 
canopied Road it is one of nine roads protect   by the city of Ormond Beach Not only would this 
proposal proposed development bring to an end   the unique charm of five communities but 
we would have to reconfigure Tomoka Oaks   Boulevard to accommodate 3,000 daily 
trips in and out of the middle of   Tomoka Oaks development please help us to 
protect our Rich history and unique charm   as stated in in our mission statement to 
quote Barbara doer the shoe just doesn't fit all right Barb Moore and Barbie you're 
going to be followed by I think it's Ellen   cook David kohley Haley Osborne Connie Colby 
and Barbara bonigo good evening mayor Partington   and City commissioners my name is Barb Moore and 
I live on Tomoka Oaks golf course I'm grateful   for the great community of Ormond Beach in which 
we live love work and play we will pray God's   blessing on the remaining of tonight's meeting I 
have always enjoyed seeing the golfers out in our   backyard having fun on the greens of Tomoka 
Oaks missing putts and letting loose their   recreational timeout has certainly been missed 
by us who live on the golf course tonight is a   special meeting however for we will see where 
you our elected officials really stand on the   development of Tomoka Oaks golf course which 
was always intended to be a golf course uh from   its inception for tonight we will see how our 
officials through your vote are work who you're   working for the developers or the people who have 
elected you to protect our backs and interests of   course we are hoping for the latter yet so many 
times over the last several years we have seen   our nation's government talk good story then 
when it comes to down to the vote that really   matters they cave abandoning the desires of the 
community in which they serve we recently saw   this at a Volusia County council meeting with the 
flip-flop of the votes at the second reading of   the fuel Farm moratorium despite public outcry we 
are hoping with this Tomoka Oaks Community that   you vote against the later the latest developer 
R2 proposals and do the right thing for the Ormond   Beach residents uh from the Bible in job 8 we 
hear God is always Fair God all powerful does   the right thing our God is a god of doing the 
right thing and he holds dear uh the things   that we do and he expects us uh no less from us 
so let the community uh that god holds de for our   integrity heart and doing what is just let there 
be no caving tonight stay strong thank you and God bless Miss Cook followed by David kohley I'm Ellen cook I live in Escondido Tomoka 
Oaks Boulevard in 1966 we bought a house on North   Beach Street on 100 by 200t line we lived 
there for 38 years because it was a setled community uh as Life Changes we had to make   changes and I'm the only one 
that was left to find a new home um I looked around and I found 
Escondido because it was another Community now I lived there for 18 years I 
enjoyed my my being there the neighborhood   the people but with this development that is going 
to be may or may not I hope be approved and Es can   I won't find my way in or out because 
of the traffic it's a shame but that's   uh I won't be the only one um the golf 
course was a beautiful addition to the   neighborhood so was the tennis court 
so were all the other amendments but   I please I hope that you won't approve this 
I know people have rights but we do too and I   don't know how we going to get in and out of our 
homes because it's going to be a terrible time   with the traffic that are going to be there um 
I hope you will change your mind thank you thank you David Ki followed by Haley Osborne my name is David Coley and I'm not going 
to make friends here tonight I can tell you that   right now number one I stand in favor of the 
zoning Amendment and number two I'm not a resident   of the city of Ormond so that kind of probably 
puts me in a bad spot I want to rephrase and add   something with a thought number one we've probably 
all heard a long a lot of that the only constant   in our lives has changed I feel for the people 
out there but life is coming long and changing   as we go but I want to refrain from a different 
thought the residents in the area had a golf   course and it was quiet and life was good the 
golf course closed down but other things didn't   change and life was still good the golf of course 
went up for sale and here's where a mistake was   made the homeowners association the individual 
residents and the residen of this group had the   opportunity to attempt to purchase the property 
to my knowledge you did not have the opport sir   you would just address your comments to me I I 
everybody had the opportunity when it came up   for sale they did not purchase the property the 
people that want to rezone the area and want to   work in the area did the people that lived there 
had a plan and a vision in their mind for what it   should be like the people who bought the property 
didn't the people who bought the property are   asking things to change the people who live there 
don't want change I don't envy you the position   you're in because you're caught between a rock 
in a hard place you got the residents on one   side and you've got the new owners and what they 
potentially have for lawsuits and whatever else   on the other I wish you the best of luck on this I 
don't see a Winning Side to it and like I say it's   got to be tough to be in your spot have a good 
evening thank you Haley Osborne followed by Connie Colby good evening everyone I'm Haley Osborne uh 
RAR Drive um I love my street I love my backyard   when we moved in one of my favorite things uh 
still is to go outside have my coffee or my   wine or whatever sit out uh watch the empty Golf 
Course um especially this season the birds are   beautiful they're painted buntings and blue gross 
beaks tons of cardinals lots of Hawk activity it's   very exciting and wild back there uh we have um 
deer coyotes sometimes bear uh gopher tortoises   which are a Florida keystone species and cannot 
be removed as you all know um uh keystone species   means that their Burrows serve other animals as 
well protection from things like forest fires and   hurricanes um lots of species use gopher tortoise 
Burrows including the endangered indigo snake um   um but if we have the R2 zoning happen it 
means that our wildlife and our environment   our natural environment is in Jeopardy right 
um so but more than just that I would like   to respectfully request that you deny the R2 
Amendment uh for a number of reasons one there's   a there will be an unjust depreciation 
in current homeowners house values okay   anyone who says otherwise does not know the 
market people do want yards they don't want   overcrowded neighborhoods um and people who first 
purchased their homes within Tomoka Oaks uh did   so mostly because of the pleasant atmosphere 
the natural atmosphere the uniqueness of the   landscape um the golf course which if we need 
to revert to a previous zoning it should be   to the Green Space which was the initial plan 
and why many people chose to settle in Tomoka   Oaks and purchase there um there's going 
to be as you know a dangerous rise in traffic   uh decreased walkability and accessibility 
um many of us walk our dogs uh we you know   push our strollers um we run we cycle it's 
already kind of full and that's because uh we   have no sidewalks so if you add 300 plus other 
homes it's just going to get harder and harder   there's also um a chance of increased flooding 
with more development we've seen this happen in   many places in Florida um which will result in 
increased Insurance prices raising of property   taxes um and there will be limited housing 
diversity um so those are my reasons thank you Connie Colby followed by Barbara Bono good evening 
Connie kobby 108 Robo Lane in Ormond Beach I do not   live in that particular area but I do frequent 
Nova Road and it is already a death trap um um   as you know this issue has been before both the 
planning board and you guys multiple times and   it's time for someone to finally say no and stop 
this coming back and forth for these people who   live there um as the lady just talked about 
the value of the homes that are on the golf   course there they had um this this company that 
has the um that wants to build there had a real   estate person come to I believe the planning 
board one evening who actually said that people   don't lose any value if their house if their 
house is on a golf course it doesn't make any   difference one way or the other that it it's 
the same price um I would prefer to not have   somebody in my backyard I'd rather have a golf 
course or a lake behind my house um as far as   them not understanding why um the um there's 
been some denials um possibly it was because   with the PRD you have a lot of choices that 
the city can make some determinations as to   how they want things laid out bet a lot better 
than a strict R anything um anything else here um I heard them say tonight they have 
no plan and to me when they come when they   come before us with no plan we've had no trust 
in the past and I would just deny based on you   can't trust with no plan so I would say 
suggest saying no tonight thank you thank you Barbara Bonarrigo she'll be followed by Mary Pat 
Whiteside Kristen Deon Robert Banker Debbie Brown   and John measel barbar good evening ladies 
and gentlemen the golf course at Tomoka Oaks   has been a central part of our community for 
nearly 60 years during this time it has been   consistently used and enjoyed by residents 
of the subdivision and a wider public as a   cherished recreational space this extended period 
of exclusive use underscores its importance and   value to our neighborhood for Generations the 
golf course has not just been a place to play it   has been a hub for social Gatherings a backdrop 
for shares experiences and a key element of our   community's identity its presence has contributed 
to the unique lifestyle and sense of belonging   that Define Tomoka Oaks as we contemplate 
the future of the golf course it's crucial   to acknowledge its deep rooted role in our 
lives any decisions made sure made should   any decisions made should consider the strong 
attachment and impact this space has had on   our community over the years let's ensure 
that whatever comes next the history   and the spirit to our neighborhood thank you 
so much for your time and good evening thank you Mary Pat Whiteside good evening my name is Mary Pat 
Whiteside my husband and I have lived at 29   North St Andrew's Drive since 1991 we chose Tomoka Oaks very deliberately because it was a   quiet established neighborhood of custom homes 
and we plan to be in our forever home for the   rest of our lives and enjoy living in the heart 
of Ormond Beach I'm a realist I know that something   is going to be built on our former golf course 
but my question is what type of community will   become the foot that may or may not fit our shoe 
both the planning board and the city commission   clearly indicated in previous meetings that the 
original plan was for too many homes how do the   developers respond they responded like bullies 
bullies always respond by launching a new attack   their nuclear option was to ask for twice as many 
homes I don't like being threatened we are not   Margaritaville we don't want to be Plantation 
Oaks I'm horrified that sometime in my future   when I drive into my beautiful neighborhood I'm 
going to look up and see a cluster of new homes   that resemble the cottages on Williamson Drive 
I dread the traffic 800 more cars are going to add   to my neighborhood will this new traffic require 
cutting trees and getting rid of the green space   in our neighborhood how safe will I be on my daily 
walks around the Tomoka Oaks loop I can imagine   how years of construction will create dust debris 
and noise that will change the quality of my life   and perhaps lower the value of my home home will 
Nova Road come to a standstill regularly every day   the way State Road 40 does right now I ask that 
you deny the zoning changes requested I further   ask that you continue to require the coming homes 
fit the flavor and character of our beautiful   neighborhood to the developers I ask that you 
build homes that fit in our neighborhood they will   attract the buyers that are out there looking for 
extraordinary homes in the heart of Ormond Beach   Tomoka Oaks is a beautiful size n glass slipper 
please don't force a size 12 foot in it thank you Kristen Deon followed by Robert Banker 
Kristen Deon 80 Shadow Creek Way lifelong   Ormond Beach resident tonight I am here in support 
of our Tomoka Oaks residents and their quest to   keep their neighborhood from being developed 
the wrong way just as I have been at numerous   other city meetings on this issue I stand with 
the residents and I am looking forward to the   commission rejecting the developers latest attempt 
to Forever change the character of the golf course   property with too many homes please do not destroy 
the Integrity of this neighborhood thank you thank you Robert and then uh Debbie 
Brown will be after you Robert Banker one Tomoka Oaks Boulevard Unit 135 I 
thank you for this opportunity to speak tonight   you the committee are going to or already have 
heard many voices sharing many ideas involved   with his planning uh plan development you will 
hear many reasons as to why not to support this   development reasons such as overcrowding safety 
stress of the infrastructure traffic congestion   home devel valuations Aesthetics of the included 
areas intended use of the land by previous Town   fathers from many years ago uh harmonizing 
with the adjacent lands and whatnot uh land   to be used in perpetuity uh the golf course and 
many other objections but the one thing you will   not hear we need this we need this development 
we need to stress the infrastructure we need   to devalue not only the properties located 
adjacent to the golf course but properties   all over Ormond Beach and believe me when I say 
properties all over Ormond Beach why because if   they can build here they can can and will build 
elsewhere wherever they please personally I was   quite disheartened to hear at the conclusion of 
a previous planning meeting when the president of   the planning committee stated something is going 
to go in there I don't know what but something is   going to go in there my question is why why can't 
it stay a golf course is this pre-ordained or do   we have no voice do we have no say when my wife 
and I bought into the Escondido one of the first   voices we heard was well we are very fortunate to 
live here because no one can build behind us why   because the golf course the railroad the river 
and the whatnot and I might add that many if not   all of the homeowners located next to the golf 
course felt exactly the same way they purchased   with no expectation of somebody coming along and 
Building Homes 20 30 40 ft behind them ruining   a perfectly good view out the back picture window 
they had no expectation their home homes would be   devalued rather than increase in value you know we 
look back over our lives at the idea of safety and   unfortunately often times we are a day late and 
a dollar short almost invariably someone has to   get hurt or die before we uh become safy safety 
conscious there are currently many Walkers and   many bike riders throughout this area and far too 
often they walk and ride in great Peril how does   this plan development make these activities 
any safer one entrance one exit how was this   a good idea who builds a house with only one 
entrance and an extra door overcrowding look   at the design looks like a sardine can how does 
this plan development harmonize with existing   homes once again many many voices being heard 
against there is not one voice in here saying   great great idea let's do this just a reminder the 
planning board voted seven nothing against thank you Debbie Brown followed by John measel hello my name is Debbie Brown and I live at 
90 North St Andrew's Drive Ormond Beach Florida in   Tomoka Oaks I lived in Daytona Beach prior to living in 
Ormond and stayed out of Ormond beach politics so I   don't understand why people from Jacksonville and 
Miami are involved I'm here to encourage the city   commission to go with the planning board 
recommendation to turn down the R2 zoning   request of Tomoka Reserve Tomoka Oaks was always 
meant to be a golf course Community 75% of the streets are named after golf courses from around 
the world I'm sure if the city commission thought   272 homes was too much 317 homes inside an 
already established development is improper   the owners of Tomoka Oaks have indicated 
several times a willingness to purchase   the property alling to be ignored or ridiculed 
yes the owners have had several meetings with   Tomoka Oaks alling to be controlled by the 
Tomoka reserve attorney or staff I don't   believe this was the purpose from the beginning 
Tomoka Reserve owners were requested to try not   to overdevelop the land and were requested 
to have 100t lots a adjacent to 100t Lots   now speak to to reserve people remember you 
purchased land remember you purchase Golf   Course land without a zoning designation not 
vacant land to be developed for profit thank you John measel followed by Ashley Define good 
evening I'm John measel for 16 Eagle Court the   gol course should have never been allowed a 
zoning of R2 due to density even Mr Merill   stated that the developer developer team didn't 
think 300 plus units would ever be a good fit on   this property one of the biggest problems with R2 
zoning is the majority of houses built around the   golf course like my own were built to utilize 
the golf course as their backyard some houses   have the pool an enclosure built right up on 
the property lines due to the way they were   allowed to be built at the time there's no way 
Building Homes this close to existing homes will   not hurt their property values this property was 
previously set for PRD for a reason the streets   around Tomoka Oaks were set up for the amount 
of housing in the area counting all the Green   Space of the golf course at 300 plus homes with 
an average of three cars per home we're looking   at as just asking for problems on St Andrews 
North South Rio Pinar main trail including   the Meisner Bridge CU everyone is not going 
to go out no road to get to Granada even now   with all the traffic just from the residents and 
construction vehicles and Landscaping vehicles I   guarantee you there are near misses every day 
of people walking and riding bicycles through   that neighborhood I understand a developer needs 
to build more than 106 units to be profitable we   need to be able to make some kind of compromise 
here I understand something's going to go there   previous plan board even recommended 
1787 units or R1 zoning I prefer golf   course if something needs to go out there we 
needed go to R1 zoning just for a proper fit and no matter what's in there we need an 
adequate buffer not houses built right up   on top of houses that were built to have 
the golf course as the backyard thank you Ashley uh then Susan hire Charlie hire Paul 
Hughes and Arthur Armstrong Ashley d8 North St   Andrews for decades residents have enjoyed the 
tranquility and green space provided by this golf   course it's been a Haven for families a source 
of peace and a buffer between our homes now the   developer proposes a rezoning so they can cram 
too many houses into this space threatening the   very essence of what makes our neighborhood 
special this proposed zoning not only goes   against the spirit of our community but it also 
raises serious concerns regarding Ormond Beach's   Land Development code specifically section 115 
of Article 2 this section as you Commissioners   well know outline outlines the responsibility of 
developments to not substantially or permanently   create a nuisance imagine the traffic congestion 
the noise pollution The Strain on already stressed   resources this development in its current 
form is a recipe for disruption deprive   adjoining properties of adequate light and 
air densely packed houses mean less sunlight   ing ex existing homes creating a cramped 
and unpleasant living environment create   excessive noise odor glare or visual impacts 
the Tranquility of our neighborhood will be   shattered the proposed resoning would drastically 
alter the visual landscape replacing the common   green space with a wall of homes Commissioners 
you took an oath to uphold this code approving   this rezoning would be a blatant disregard 
for the well-being of our community and a   violation of the very code your sworn to protect 
I urge you to find a solution that respects the   existing neighborhood and adheres to the 
Land Development code a development that   integrates green spaces prioritizes sensible 
density and ensures the well-being of existing   residents let us not sacrifice the character 
and comfort of our community for shortterm   gain shortterm gains let's build a future that 
benefits everyone not just developers thank you Susan hire followed by Charlie hire you got 
that right H you may remember me as Harper   my parents in 1964 Paul and Donna Harper um 
bought a model home on a golf course property   they were very proud of that for the next 60 
years um I was born and raised there although   I'm only 19 and that was their pride and joy 
The Last 5 Years my mom was alive she was bed   and the golf course gave her her highlight of 
her day aside from her grandson and of course   we kids loved it when the golfers would 
go home at the end of the day out came   the Frisbees and the dogs and everything 
else I know something's going to happen   back there everybody's been talking about it 
one way or another I just hope that you know   we hear these lovely things about the murals 
and the non neon blinking signs and the Parks   and Recreation I hope whatever ever happens 
there maintains and preserves the character of   Tomoka Oaks and the Ormond Beach that we all have 
grown up loving and that's all I have thank you and Susan was it the flute yes thank you 37 
years it's nice to see you we can have a band   reunion here in a little bit if you want Rita all 
right Mr uh hire yes Charlie hire 50 Valley Circle   um wow I am humbled there have been a lot of good 
people speaking here in front of me uh there are   several things I had prepared notes and no there 
are a few things to consider um as far as what   this has been requested um somebody mentioned that 
they came here they're asking you to rezone but   they're not going to tell you what they want to 
do with it I thought that was a very interesting   point and a very good point hey give me cart BL I 
promise you'll like what I write on it um second   of all I grew up my father uh unfortunately I 
was not born down here I'm a damn Yankee um my   dad worked for OD do he was a engineer project 
engineer was in charge of building i71 from   Cincinnati all the way up to Kings Island if you 
know anything about the area it's about 50 miles   halfway to Columbus I grew up I was a reader dad 
had the traffic manual in his car when I would go   places and wait on him to do stuff I would sit 
in the car and I would read the traffic manual   I could probably tell you more about traffic 
requirements traffic uh layout and design   for you know 1975 than um most people down here 
somebody mentioned it people that come out of that   development whatever development if a development 
goes in there are not going to sit there patiently   stacked up halfway through the velopment waiting 
for whatever signal goes in at Nova Road they   will sit there in the meantime what happens to the 
people that already live there that have to also   get out of the neighborhood that normally use to 
drive they're going to sit there and wait while   the traffic goes around the diamond goes around 
the diamond we heard earlier that Tomoka Oaks Drive   is a protected street so you could maybe put in a 
baby roundabout but if you think about how around   about works the people that are coming from 
North St Andrews they're never going to get out   because South St Andrews comes in and then the new 
development comes in those people are going to sit   there until it empties out and the other thing 
I ask you to consider is we've heard about 800   well we've heard about 3,000 trips a day problem 
is those 3,000 trips are not spread out across 24   hours I would reckon that half of them happened 
between 7:30 and 9 9:00 in the morning and   probably even and More in addition to the school 
buses that already come around that Loop which   really not designed for great big things like that 
how many more buses are going to have to go back   into a new neighborhood that's full of houses full 
of kids I would ask first of all that you deny   this second of all I would ask that you go back 
to the developers some of whom have looked at me   and told me how much they love the neighborhood 
and would never do anything to uh to disarm it   thank you Paul Hughes give them 
your own nulear followed by Arthur Armstrong first off thank you very much for this 
opportunity to speak it's not my favorite thing   to do as public speaking anymore I was never good 
at it but I wanted to uh start off with something   it's really basic um first off I heard of a threat 
of money on a pure takings case I lived through   one I had one I fought it took uh almost 10 years 
and a federal judge cided with me it's a expensive   and nasty thing but when I offered to buy the golf 
course to put a single family home on it and that   was approved that negates a pure C takings case 
because it does have a purpose one person can own   a golf of course and live on it John Frolic did it 
for years on the Northern side of Long Island so I   know that is possible you bought a golf course 
and now you simply want to make money I don't   have a fault with that but it is what it is we 
want green space and we're honoring that uh many   people had open and notorious use of this land for 
60 some odd years they expect what they've had for eons when you buy a property you're 
hoping to change it or changes or any   of the characteristics of it there's a risk 
in that that's what an investor does he takes   risk or reward this is nothing but money and 
the whole issue like love once the love is   gone the rest is balancing the checkbook 
so hope is not a good replacement for the   overcrowding situation that's going to come about 
problem is with the many hundreds of thousands of   homeowners that are affected they bought into a 
quiet established community on a two-lane road   in Nova road before traffic started showing 
up then we have about 20 years ago I believe   they widened it for six Lanes or an evacuation 
route I'm still waiting to hear do come down   and speak because we have a big factor with 
that we have a set River that's not going   to get bridges on the back side of it we have 
some bird dogging of homes on the back of this   alleged Community scheme for Ingress and ESS but 
on the front there's only one entrance in and out   and you cannot take 50 lb and put it into a 5 lb 
sack now there may be allowed four five maybe a   house per 5 Acres it doesn't reach the model of 
what will make profit but that's not my problem   that's their problem for taking the risk thank you 
now Arthur AR i' like I'd like sir three minutes   sorry no you said before when they went over 
Armstrong you said before please you made your   points we made your points we get it thank you 
there's no 5 minutes it's minutes for everybody   that's the fair way to do it Arthur Armstrong and 
you did a great job thank you thank you Arthur Armstrong good evening May Commissioners uh thank 
you for this time I do not live over there but I   played golf there in in the past and I had friends 
that lived on the on the greens I live over in   Ormond Lakes almond likes I just give you a real 
quick scenario it used to be dead end you go in   there you only had one way in it was great they 
opened it up eventually because they finished the   subdivision now it's a it's like a highway when 
you go down that beautiful Road it's 45 50 m hour   but what we have over there if they allowed to 
develop that property and what they want with an   our you won as it's been said by elegant people 
in the past here in a minute uh has said that you   won't be able to move around that area and that's 
true it's very very true uh and this gentleman   over there they attorney he said he threatens 
with $4 million I've been threatened with $3.5   million up North and I fought it and I want it in 
federal court so don't let him bother you you you   need to do what's right for this community and 
one of the main things and I'm not going to take   up my five minutes because I don't live there 
because I want people that live there talk is   you've got to say no and they if if they can't 
put a subdivision in they should have thought   about that to make profit that's not my problem 
it's not your problem buyer beware if they can't   develop that property the way it should be too 
bad let them let them sell it thank you thank you all right commission uh we have six more   cards to go and we're going to take 
a restroom break we'll start back at 8:30 thank you all uh we've 
got about six more cards to   go so we will call the meeting back to order I'm going to go ahead and call out the last six 
names so everybody can be ready it'll be Bonnie   Kord Denise white Missy Herrero Michelle zerach 
Randy Hendricks and Frank molar so we are back in   session uh everyone has resumed their seats as 
best they can and we'll start with Bonnie Kord Bonnie cloer 23 Tomoka Oaks Boulevard here we 
are again why because common sense and care   for your fellow man is gone but greed ah yes the 
almighty Buck rears its ugly head and takes over   we've discussed over and over again the absurdity 
of jamming all those homes in here the traffic the   schools the teachers the doctors nurses dentists 
firemen hell I have to wait 7 months to get my   teeth cleaned that's the kind of backup we have 
here again do these developers care no not one   bit now they're coming at us with big guns and 
they're going to fix us little people now now   more homes more crowding more everything that 
we don't need but nothing we do need it's not   being fixed and they're not willing to do it 
it's not a good idea and with every vote that   we've already had everyone agreed it wasn't a good 
idea capitalism is great but what makes it okay   to disregard all of us just trying to live a nice 
safe peaceful life are you willing to give us all   written guarantees that our properties won't flood 
after you build your selfishness is horrendous and   your disregard is contemptible for other people I 
don't know how you sleep at night thank you thank you Denise white followed by Missy Herrera Denise white nine Fox run trail and 
I did take the oath and I wanted to thank you   for your service and your time um obviously 
we all hope to see significant reduction in   homes based on the planning board and the city 
commission your your recommendations but here   we are back again looking at potentially more 
homes and less oversight I think that's the big   concern is what would be proposed what would they 
be going after since none of the recommendations   previous recommendations have been followed my 
concerns have always been the same I've gotten   up and spoke at every hearing and safety that's 
my big concern I don't live in Tomoka Oaks I live   in tra in the trails but I walk the trails 
and I walk Tomoka Oaks multiple times a week   and I've been close to being hit numerous times 
and that's just with the traffic that we have   we know from the previous traffic study that 
approximately 33% of the Tomoka Oaks residents   don't currently cut through the trails well we 
know if a development goes in there with this   many homes we know they're going to be cutting 
through the trails so that's going to make our   little two-lane windy roads without sidewalks and 
with the medians even more dangerous then we've   got the kids trying to get to the bus stops we've 
got other walkers Runners people with their dogs   and as we keep hearing we've got the landscape all 
the construction vehicles it's just absurd then we   throw in the same old 450 ft entry with all these 
vehicles and as we've heard it's not going to work and let's see one would ask since 
we're back here what's changed well it   hasn't changed we still have all these 
issues we don't have the sidewalks into   Oaks I talked about the trails so 
all I can say is please don't put   our lives at risk and so negatively impact 
our lives and thank you again for your time thank Missy Herrero followed by Michelle 
zirkelbach hi good evening thank you for   being here and yes thank you for your service 
this I can't imagine how this is for you guys   week after week I think about it often because 
I really admire people who run political office   and I always think that I would like to do it 
and then I see what you guys go through and um   thank you thank you for that that's not why I 
stood up to talk and I to have spoken at at all   of the meetings and shared some personal stories 
and just concerns um you know an overwhelming   theme from this whole plan has been that this 
isn't just a piece of property out west of 95   right that it is a piece of property surrounded 
by wellestablished mature neighborhood and that's   why over and over again PRD has been used 
and spoken about because that's the only   way you could really address unique nature of 
this piece of property um the place obviously   everyone's talked about it it's been an open 
recreational space it's been enjoyed by Ormond   Beach residents for decades um it's not as 
simple as changing colors on a map to say   that it's just careless and it's irresponsible 
the previous zoning of of R2 I'm not sure when   it was established but I'm assume it's been 
decades old for those of us who live and work   here we know that our growth is not keeping up our 
infrastructure is not keeping up with our growth   um as I mentioned in the past meetings I've 
shared my personal experience of of a family   member needing medical care of long weights in 
the Ed shortage of Hospice Services and we've   heard about people waiting months to get into 
doctor's appointments with Specialists I know   since since my stories you've also you all have 
a friend and someone you know who had a similar experience um I lived here for 30 years during the 
time that I've lived here there's been hurricanes   there's been wildfires we have three exits in 
and out of our neighborhood one formal on to Nova   and then the two we all use to cut through the 
trails on Iroquois and Rio Pinar um we've had several   hurricanes where the front entrance has been 
blocked there's over 500 homes in our existing   neighborhood if we had a catastrophic event 
a hurricane a fire or anything like that and   one of our exits was cut off Not only would we 
have the existing homes in our neighborhood that   would need to be exited safely but we would also 
have what whatever additional homes were built   on the golf course if that was um overwhelming 
the developer from the very beginning you know   I feel like this whole thing a friend of me said 
on the break this whole thing has been a bit of a   lie from the beginning we were told that the 
property was bought by two local developers   that they cared about the property they cared 
about the neighborhood and they were going to   build something very nice and respect and good for 
everybody um then when we got they got pushed back   then they said well we can build 600 homes out 
there if we want to I think that that was maybe   oh I'm going to use my time getting on a rant 
anyway the developers think they have the right to   develop it and we have a right to live in a safe 
neighborhood that's my bottom line thanks thank you Michelle zurbach followed by Randy Hendricks 
good evening I'm Michelle zirkelbach from 328   River Bluff Drive and I took the oath um I Echo 
so many things that my partner in Missy said um   in particular thanking you for your service 
and my heart was Heavy with the patronizing   tone that the applicant side took at the beginning 
of the meeting and I felt very awkward um for the   people that are here because that is not how we've 
conducted ourselves so I apologize for that um I   will say that it's been an interesting process 
I too have been at every meeting I too have   spoken at every meeting I too have come to other 
commissioners meetings I too have spent hundreds   of non-billable hours opposing this as has 
everybody on this side of the room and a few that   are over on this side and my question that I'm 
I'm suddenly struck by is where is the support for   this process their process their proposal we've 
had a total of to my record three one of which was   possibly a paid person on their behalf who have 
spoken in favor through the planning board and the   commission process the citizens of Ormond Beach not 
just the citizens of Tomoka Oaks do not see this   as a good fit or a good place for our community 
I'm going to share with you that Missy and I waved   signs on Nova Road and main trail on Friday and we 
did it again on Monday and I just want to share a   snapshot of what I saw I saw people going into 
Publix to shop shopping at Publix is a pleasure   parking in our Publix right now not so much don't 
know if you've tried it lately but let's think   about the impact of the additional homes that 
are being proposed I also saw family after family   after family bringing kids to go to volleyball 
how do I know they're going to volleyball cuz   that's where our children went to wreck volleyball 
and that's where my daughter is now leading the   volleyball program which by all appearances 
is twice as big twice as much as demand as   what was originally there they share that gym with 
basketball special populations pickle ball where's   the facility going to be for all the families that 
are going to come that want to be in this who pays   for that is there room at nova rec to add another 
building to add more courts to add these things   what else did I see I'm a proud Volusia County 
teacher and I saw one of our Tomoka elementary   students he waved at me he's so excited reading 
my sign he's going to baseball again where are   we going to get more fields for these people that 
are coming and then I think about that kid that's   going to a brand new school next year and I think 
about the budget cuts that have just happened are   there going to be teachers was there a classroom 
accounted for for this proposed development barbar   doer is right it doesn't fit my daughter's right 
you can't put a square peg in a round hole thank Frank molar uh Randy Hendricks I live at uh 9 
Tomoka view uh my dad built a house in 1974 I've   been around it 50 years um one more car on the 
Tomoka Oaks streets are too many if they want to   have build 500,000 homes there let them but there 
should be a separate Ingress and egress out of out   of the out of their new development not in Tomoka 
Oaks this is all about safety you better not be   using your cell phone or texting or anything if 
you go any time of the day or night people use   the streets for pedestrian use and and any further 
development that puts more more uh cars on the on   the Tomoka uh streets is is wrong if you live 
in Tomoka Oaks and you want to go to um to the   to Lowe's or something you don't go out on Nova 
Road you go through the trails and out onto onto   a highway 40 and and you put two 300 more houses 
they're not going to be uh piled up going into   Nova Road they're all going to be going through 
the Tomoka oak streets getting out onto Nova Nova   Road and and uh Highway 40 it's wrong any and 
if we don't have a zoning that fits that then   you need to add an additional zoning that says 
okay develop it however you want build a bridge   over the subdivisions or whatever so you don't put 
any more traffic on our streets it's wrong thank you good evening Frank molar 1612 Turnbull thank 
you for the opportunity to speak before you   tonight I've been a resident of this community 
since 1977 I'm not being paid to speak in favor   of this project tonight I've been involved in 
multiple development projects in Volusia County   over the last 10 years just so this C council is 
aware of the R2 zoning that is being requested   by the developer is a lot size that is double the 
size of what majority of development projects that   are being built not only through this County 
but through the entire State of Florida I'm   confident that developers of this project want to 
see Quality Homes go into this community and not   only compliment Tomoka Oaks but also raise 
the standards of the entire Community one of   the local projects I was involved with recently 
was bringing Taylor Morrison homes into Halifax   Plantation the homes that are being built in 
Halifax Plantation by Taylor Morrison are being   built on 80ft Lots these homes are priced at a 
range from 700,000 to over a million it is under   my understanding that several residents in Tomoka 
Oaks really like the product that Taylor Morrison   is building in a Halifax Plantation I believe 
this type of product that Taylor Morrison is   building um in Halifax Plantation would Elevate 
not only the entire community of Tomoka Oaks but   also raised property values the closed Golf Course 
property Tomoka Oaks currently has no entitlement   rights and has not had any for approximately 
10 years the owners of this property deserve   to have development rights I hope we can move 
forward in a positive direction and have more   quality homes built in Ormond Beach that will 
add M hundreds of millions of dollars to the   tax base it sounds like all of the residents in 
Tomoka Oaks would love to have sidewalks perhaps   the city of Ormond Beach could use the millions of 
dollars that will be generated by the future homes   in this community to put sidewalks through the 
entire Community thank you thank you so much thank you all right uh at this time the 
homeowners association will have 10   minutes for rebuttal followed by the applicant 
with 10 minutes for rebuttal so Dennis you're recognized what a wild ride it's been um Dennis 
Barrett again on behalf of the interveners Tomoka   Home Association so a couple things your 
decision as whether or not to rezone this property   to r two and as my opposing Council pointed out 
you know if we want to get intervenor status the   next level litigation be a higher burden they've 
got a higher burden at the next level too to to   show that you've basically a either not follow 
the law or B you've abused your discretion in   making the decision so let's look at just the 
fact you when I was a young attorney um I had   a mentor by the name of Walter Borman who's got 
the road down here named after him and he said   when you go to a commission meeting you're 
dealing with an issue like this focus on the   facts if you have to rely upon threats or if you 
have to rely upon um last minute submissions and   you know have an open and fair discussion of the 
issues and that's all my clients have tried to   do since the very beginning so in your record 
and I don't know what was subed tonight and I   would just for the record make a objection on due 
process grounds that if there's anything that's   in the record that was submitted tonight that 
wasn't part of the prior hearings that I would   make an objection for that on appeal or whatever 
the case may be but let's look at what is in the   record that you've seen well first off you have an 
opinion from two very learned land use attorneys   in Orlando that say that they could sue the city 
and make you keep it a golf course forever that's   in there that's what attorneys are saying now 
you've heard tonight that if you don't app   R2 zoning you can get sued for $40 million which 
is a profit of about $130,000 per lot which is a   pretty good profit but when you look at a takings 
claim there's a number of legal factors that go   into it just like any other legal action well 
one of them what was the expectation when the   developer bought the property they had an expired 
development agreement on it so a lot of times are   development order so it didn't have if if their 
argument is true that had no entitlements it had   no entitlements when he bought it and in my legal 
practice up in flager County I represent some of   the larger land owners in the county and just in 
the last two weeks we've had potential developers   or buyers come to my client and say Here's a 
letter of intent I want to buy your property   this is how much I want to pay for but I want a 
six-month due diligence period so I can determine   what entitlements I have on the property I 
can get it rezoned I can get a certain number   of units so that's what you would look at in 
a takings claim how did the person come into   acquiring their rights in the property what 
was the basis for what they're now claiming   has been taken from them because I submit to 
you nothing has been taken at this point the   record is clear you've had testimony from Mr 
horowski you've had staff reports from other   planners you've had staff reports from your own 
planner and or expert reports and staff reports   do evolve over time changes are made inputs 
received that's not an uncommon practice but   all of a sudden now it's something sinister to be 
concerned about but the record clearly supports   that there are development rights that go with 
this property the planning board said that on   three different occasions we think there will be 
something on this property you need to reduce the   density you need to address these other issues 
so for them to say that they've lost all their   investment backed expectations I don't think 
would pass the smell test if it got into the   legal system so our position is that this is a 
very unique property since 1961 it has been a golf   course the example that they gave to you tonight 
vacant land I 95 on one side I think I count one   maybe three lots that AB it then you got Timber 
Creek Road completely apples and oranges it's   completely different set of circumstances so that 
should have no bearing on your decision tonight so   our position is um base your our our request is 
you base your decision upon Logic the facts and   the record that's been properly provided to you 
tonight Den Den the R2 zoning thank you thank you and attorney Sanders for the applicant thank you Mr 
Mayor members of the council L I think one of the speakers said it well earlier 
I don't en Envy the position that you're in either   I don't and and it's not your fault that you have 
to make this kind of legal decision and it's not   something you ask for it's something that as you 
know the courts require because they the law was   changed according to the courts of this state so 
that in these types of proceedings this body and   any elected uh body of elected officials you are 
the the courts are telling you that you have to   sit tonight and look at this case like a judge you 
have to pretend to be a judge that's what quasi   judicial is it's not judicial it's quasi because 
you're not a judge and the the really difficult   thing as you know is you're elected by popular 
vote so as one of the the uh ladies uh mentioned   this evening I don't see anyone here like on their 
side can't you count can't you count the number   of people here that are in opposition to this well 
of course you can and if that's what you base your   decision on you know what will happen the court 
will strike it down you didn't ask to be put in   that position but that happened because of the law 
but we're here so I get it I don't envy and so what   do you have the fact that uh Mr uh my colleague 
Mr Bayer turns out that we have a a mutual friend   he's actually a very dear uh friend of of both me 
and Mr may I didn't realize that talked earlier   I want to focus on something he said talked about 
how his mentor said you need to focus on the facts   I'd love to focus on the facts I'm talking about 
I've talk I talked about facts extensively earlier   and I'll talk about him again Mr be referenced 
some facts some facts of some case in some other   County in some other jurisdiction that happen 
at some point in time this that and the other we   don't know anything about it and he wanted to tell 
you what a taken case uh is I'm not here to argue   with you about what a taken case is or is not this 
is the wrong form for that that's not what we're   here for tonight we're here on this application 
and the issue is is there a legitimate public   purpose in refusing our application to change the 
label on the zoning map that's the only issue and   if the law says no Then you don't have a choice on 
this on this type of application here's the choice   that you had and here's the unenviable position 
that you're in when you have a PRD development   order that expires when these Property Owners 
bought this piece of land you think they didn't   do their due d diligence seriously they know what 
due diligence is you think they didn't know what   their options were they did they still do they've 
got two options two options same options that   you have to consider depending on which one they 
want to go with option one amend the development   order try to negotiate a new development order 
with a specific site plan they tried option one   that was their first First Choice was option one 
negotiate a deal ultimately after about 3 years   it turned it didn't work out and that happens 
and and clearly that happens where you have a   community that's so that passionate about not 
seeing any development on what they've always   known as a golf course we all understand that 
and that's a a rational them feeling to have as   someone who lives next door to what it's always 
been a golf course but what happens is when you   don't reach an agreement on the negotiation and 
the property owner elects to move forward with   option two which is to Simply change the label on 
the map and be presented with zoning entitlements   when that happens your options are very limited 
there's no negotiations we're not here that's why   we're not here to talk about a development order 
because there is Noone and that's why we're going   with option two not because they didn't want to 
negotiate they did but they determined and uh   in their opinion at the end of the day that it was 
pointless to move forward with that that they were   at an impass and that's their right to make that 
decision it's their right it's their property so   when I want to uh Mr bear said let's need to focus 
on the facts the facts you know what the facts are your planning director did his job he tried to 
your planning director said in his staff report   not Mr Hayes's staff report in your planning 
director's staff report he said there are no   zoning entitlements for this property I don't need 
a case to show you that I've got facts In This   Record that's all we need what you were presented 
with is a staff report that was drafted by your   City attorney not the work product of solely your 
planner and is it common and is it okay to uh I   think the the question posed by Mr bear which 
the reasonable question this uh expert witness   was well don't your uh reports your opinions don't 
they evolve over time of course they do when you   spend time to look at any anything like you're 
you refine it and make it better but I'm going   to ask you to look at the record again that 
was submitted to you that's not what happened here your staff person who was literally 
working that the week that everyone else   is taking off for vacation you know 
when he prepared his report in s it   just a few days before New Year's 
Eve most people take that week off   his staff report was sent to Mr Hayes on the 27th 
and Mr Hayes initially replied this analysis will   require great care don't know if I can get to this 
in time step then pushed back I'm not comfortable   postponing the meeting I am comfortable 
with my analysis within the staff report two days later December 31st gets an email reply 
from Mr uh uh the City attorney with a report that   I previously provided you we City attorney will 
let you know if this stands as the final version   that's not collaboration that's I rewrote it and 
here's a red line and you can say see what I took   out and look at Mr Spraker's response again he did his 
job he was trying to his response why did you take   out what I put in there about there are no zoning 
entitlements with this PRD that the a PRD without   a do is a problem like he saw the exact same the 
exact same thing that I saw when I saw the report   I was shocked that's the very reason that our 
expert witness said this I was it was unusual   like there was something like it's not right with 
this well now we know what it is and uh and I   don't want to speak more about that other than the 
say I'm making this point because it's important   in the eyes of the law and and and it's important 
to have a fair proceeding and when your when when   any local government's City attorney sits up here 
and advises you in a quad judicial capacity he's   a counselor they call us attorneys and counselors 
at law you've seen those signs attorney Advocate   counselor listen and guides you in the right 
direction don't give you my opinion don't give   you facts don't tell you you're right you're wrong 
I'm here to make sure you follow the rules that's   what his job is tonight it's not to testify 
and it most certainly isn't to Advocate against   the application that is before you and that's 
what you have in this record and that's a real problem with that being said I'll I'll sit down 
for the evening and just say again I'll reiterate   again what your staff uh initially said we have 
no zoning entitlements under the existing PRD   label that label is nothing more than a color 
on a map that's what we got thank you for your   time thank you commission uh this is our time 
for questions deliberation does anyone have any questions I guess I can start Mr Mayor sure well 
I'm sorry Deputy Mayor brother I guess I and and I think someone said it tonight they 
don't envy the situation we're in and   I don't either I guess I do it's uh kind of 
sad because you have good people sitting over   here and you have good people sitting over here 
and what it is we can't come to an agreement on   a piece of property and I've got questions some 
of these questions I think most of them probably   for for our plan director I guess one is if 
you look at this subdivision in totality it   originally built as the Tomoka oak subdivision 
which was prior to was built prior to the trail   subdivision correct okay so it was designed 
as a golf course Community with 547 homes   some somewhere around there with one entrance 
and one exit because that was prior to the trails and it was designed that way without 
extra ingresses and egresses because it was   a golf course community at some point 
the golf course was zoned or rezoned to   residential even though it wasn't being used 
for residential it was still own residential so I guess my question would be number one if an 
applicant brought that project to the city today   let's just say Tomoka Oaks was a blank slate 
and you have the and and and and someone laid   out the 574 homes or 547 homes as they are plus 
and let's just say I want to just throw throw a   blanket number out let's just say because 
we had heard before maybe 284 homes under   the PRD would the city commission approve that 
or would excuse me would the planning department   approve that type of project today with one agress 
egress no it would also likely go through a plan   residential development right so you know 
there would be Recreation provided for the   new subdivision there would be open space it'd be 
extal natural preservation So the plan residential   development has its own set of criteria designed 
on benefiting the future residents of that   subdivision so access would certainly be uh one 
point that we looked at we looked at by our U   civil engineer if you look at a fire department 
but yes there would definitely be more than one   entrance sure I mean I because I think that is 
a safety issue I think it's a safety issue today   um to be quite honest I mean and I've said this 
before and and I I'll say it again and I don't   know what you know it may be far-reaching but you 
know the Tomoka Oaks homeowners association is a   voluntary homeowners association the trail 
however is not it's a mandatory homeowners   association and I wonder if ever they say wait a 
minute way too much traffic we're going to gate   iroy and reopen R therefore blocking any access 
into the trails from Tomoka Oaks and forcing all   of the tomoka Oak Traffic into one Ingress erress 
on the Nova Road I won't say that's out of the   realm of possibility because I guess if they 
wanted to do if they wanted to take over their   roads and make a gated community I guess it's 
possible I don't know but it's something to   consider okay um I know that you know this was 
originally prior to the PRD in 2006 this was zoned R2 I know that you have five classifications 
here of of approved zonings for suburb low   density residential R1 R2 r2.5 R3 and PRD was 
R1 ever considered because I know several people   mentioned that this evening several residents 
mentioned that this evening but was was R1 ever   considered if it was why was not that not put 
out right and of course I know this was an this   was an applicant driven request for R2 not R1 
right so I I believe the staff report analyzed   each one um and basically you know based on the 
zoning price PR and then the surrounding use that   was not one that was recommended but that is one 
that is consistent it's as consistent as any of   the other five right and again at the beginning of 
the presentation it is what is the most consistent   right and the staff report goes through a number 
of twist and turns and not only this staff report   but a lot of Staff reports so you know we we're 
appreciative of the city attorney's office in   their communication and their advice and saying 
yes you can recommend the PRD stays so you know   it's all a process and and the the the key thing 
to remember is this is a a open space area that   was used for a golf course for over 60 years right 
so it's different than the Enclave which actually   went to one and two acre lots you know by 95 so 
the the the existing conditions creates the unique   characteristics which creates the public purpose 
so there's a reason why staff is recommending   this go to plan residential development because 
that is the most appropriate way to try to come   to some compromise between what the applicant is 
seeking and what the surrounding communities are   saying there's a number somewhere there which 
hopefully both sides don't like what they could   live with and we just haven't been able to 
get to that number and staff still believes   the plan residential development is the most 
appropriate way to get to that number so that   that's that's the Crux of our our staff report 
and why we recommended what we did you know and   one thing that and I think you brought up if 
that if that was proposed today if that whole   subdivision was proposed today there would be 
pedestrian facilities throughout the subdivision   correct however in 1962 when this was developed 
Tomoka Oaks and in the 1970s when the trails   were developed we did not require sidewalks in 
our subdivision so that still is I I commend   you know obviously with this if this were to be 
built whether it be a PRD or R2 or whatever it's   going to be uh it would have pedestrian facilities 
unfortunately the neighborhood it's a neighborhood   within a neighborhood the outer neighborhood 
doesn't have those pedestrian facilities and   and I I think there is a safety aspect uh to 
consider um now we keep peering and and and I   know this from you know many years on the planning 
board we've approved many prds in the past and I   guess they're saying there's you know obviously 
there's negotiated densities and that that type   of thing with and and even a lot sizes with a 
PRD they're not you don't have you're not stuck   to a a a straight zoning as far as your your your 
your lot sizes your densities that type of thing um they purchased this property it was an 
expired PRD correct rezoned in 2006 from   R2 um I think at that time Mr Merl was 
the attorney for the applicant that got   it to R excuse me to PRD from R2 um and 
they had obviously they had development   rights now I do agree with what's been said 
here tonight that I don't think anyone has said something's not going to 
go there I mean there are some   folks I'm sure in the audience that 
would rather it just be open a park   nothing built there but it has been 
zoned residenti for many many years correct I commend the development team because 
they had many at least three or four neighborhood   meetings they did go through the process 
they listen to the residents but at some point I think we hit some sort of 
Roadblock between the residents   and the boards and the city and it came down 
to density it came down to lot sizes it came   down to buffers it came down to traffic 
it came down to density and I think that   there was a magic number like there was 
apparently in 2006 where the residents   were at least satisfied and the applicant 
was happy that something like that could   work I wish that could be the case again 
because I think then everyone kind of wins that's that's the unfortunate thing I see here is that I'm not going to say the applicant's 
threatening to go use the nuclear option but   I do think and I don't and and and something 
else I will say this too I don't I mean and   and and no real offense but I don't appreciate 
getting things the night of the meeting package   that I you know I'm not want to sit here and read 
this because I want to listen to the folks that   are up here to speak to us I don't have time 
to read the if I read it after the meeting   tonight it's kind of you know pointless it's 
too late um but you know I I just really wish   and I don't want to keep kicking the can down 
the road but these two sides had come to some   sort of agreement because again I don't think 
it's about we're not going to let you develop   it's just to what extent I I think that the 
key point is finding that that tangent where   the applicant and the residents and and the 
city can live with whatever that magic number   is somewhere in the middle would you agree 
stepen that the PRD zoning classification does not prohibit development rights 
yes that is a fair statement it   allows the negotiation um I think 
the negotiation was ongoing in this   application that it was withdrawn and 
this this application was then selected that's all I haveen right now Mr Mayor thank 
you thank you Deputy Mayor and commissioner   Persis yes thank you Mr Mayor um I just 
thank you for your comments Deputy Mayor   Briley I you said some of the things that 
I wanted to say this is a tough situation   but I I first of all before I get into my 
comments I want to I need to give a shout   out to somebody Carolyn Davis I don't know 
if she's still here she there she is wow months ago you gave me this and I believe you gave 
them to everybody I but I know I got one and I had   time to read every single bit of what you put 
your time and effort into and people in Ormond   Beach are intelligent they do their research 
and Carolyn is not the only one that's done   her research many of you that spoke tonight did 
your research and I so appreciate that um I just   I really believe I really believe that um this 
this meeting is going to be is going to come out   just fine but I want to do want to say this 
I have my reasons that I'm not that I that I   would not want to change the zoning from PRD 
to R2 and I want to tell you why um first of   all um the PRD aligns with our comprehensive plan 
on our Land Development code bottom line and that   is so important and it represents smart growth 
for our community it doesn't adversely affect   environmentally environmentally sensitive lands or 
natural resources or wildlife habitats the traffic   we've heard over and over and over tonight about 
the traffic concerns and they are real concerns   if you have if you drive through there and which I 
drive through all all the time it's it's not good   the the the density of the proposed developments 
was just too high nobody said that we didn't   want anything to go there we ask can't you just 
reduce the number reduce it and maybe make you   know larger homes and just reduce the density and 
we we didn't get anywhere the sa again the safety   issue and I always fall back on safety safety is 
so important to me and that's always a number one   decision maker for me if it's safe and I don't 
see this as being safe um this this would alter   the character large too many homes is going to 
alter the character of the neighborhood of of   the trails in Tomoka Oaks clearly it will it won't 
be the same place and just the law the total total   loss of Green Space um and of course we we need 
more Medical Care and you know we need to look   at schools but I I do not see any reason to change 
this so I move to approve resolution number 202 24- 64 it's option two option two is 
there a second and then we'll continue discussion we can we can discuss do you want 
to hold your motion we'll come back to you   commissioner Persis I can hold it all right 
commissioner Tolland I wasn't quite sure this   was the time for comments but it seems that this 
is and I had a question for Stephen but actually   it's part of my comments so if you need to um 
answer feel free um just some quick thoughts   from tonight um that wasn't part of my I'm 
notorious for typing up notes before meetings   and I always get kind of rased a little bit but I 
don't want to miss any important points but just   thoughts from tonight um I really do think it was 
totally inappropriate and really rude to supply a   document tonight and I don't appreciate it um 
I like to read i' like to figure out where my   thoughts are so I can ask intelligent questions 
and for getting something right before a meeting   starts I think is just totally rude um and I 
don't appreciate the convoluted threat either um   the applicant does have and have an opportunity 
um for entitlements and Mr Sanders called it a   negotiate a deal to option one we had plenty of 
opportunities to negotiate with option one we   had neighborhood meetings we had sprc meetings we 
had planning board meetings came to a commission   meeting went back to the planning board and now 
it's back up to us without any really significant   changes I think we lowered the density by 
four houses to me that's nothing significant   you guys I love you in the community but you 
didn't hear the residents you didn't hear the   planning board and you haven't heard what some 
of the Commissioners are saying now so that was   my thoughts for tonight but this is what I 
want to say officially a planned residential   development is the most appropriate Zoning for 
the development of the old golf course a PRD   best meets the goals of the city's comp plan 
and the development codes regulations while   promoting promoting smart growth there is 
nothing smart about R2 zoning in the middle   of the proverbial donut it will create undue 
crowding and adversely affect safety welfare   and the quality of life of the surrounding 
neighborhood it's not consistent with the comp   plan although it what encourages development 
of single family homes is does not stabilize   and protect the character of the surrounding 
neighborhood the distribution of housing is   not consistent with s planning and principles 
and goals according to our policy 1.13 it does   threaten to alter the neighborhood character 
one one 1.1.5 it's not Innovative in design 1.14 does not enhance the central core of 
the older sections of the city to encourage   appropriate walkable residential and 2.4.7 
development does not this development does   not promote open space the goal of a zoning map 
is to assign the most appropriate zoning based   on the unique and special character of the golf 
course land the R2 may be similar with the ab   budding residential development but the existing 
PRD is best suited in overall design in regards to   standards of recreation open space and natural 
preservation I believe this land was a missed   opportunity in the past to acquire for open space 
and Recreation that said I also believe that the   2006 low impact development resolution and the PRD 
zoning is the the optimal choice for today for the   following reasons roads the Perimeter Road was 
designed to serve Tomoka Oaks Community and has   not changed in more than 60 years additional 
increased density only puts a strain on the   already bursting Road system even with proposed 
enhancements and stacking and egress and Ingress   and all that other stuff the roads will be unsafe 
and not compatible with existing development open   space 2006 development provided open space with 
infill development that did not intrude on the   existing homes the PRD provides guidelines to 
preserve that open space density The increased   density of people and cars will threaten 
the quality of life we didn't talk about the   architecture of design a PRD offers flexibility 
in design of homes it does not promote the cookie   cutter style seen in so many of the developments 
today and flexibility a PRD provides opportunities   to discuss driveways compatible with increase in 
number of cars per home and buffers protecting   the residents from the infill this property 
is unique it is historic special and must be   treated as such we have one opportunity to do this 
right and a planed residential development is the   only option I see to move forward giving the 
developer the opportunity to build something   appropriate and complimentary with the 
existing neighborhood thank you thank you commissioner Commissioner Sargent thank you Mr 
Mayor I think uh when I was reviewing the board   or planning board minutes August 10th 2006 
it was said um perfectly by Robert Merill   who was representing to developer at the time 
when he said this project is the poster child   for smart growth principles I think in 2006 the 
commission at the time Mr Mayor you were on and   two of our Mayors they got it right then that 
that was right um and then here we are today   and let's start off with this project it started 
off with neighborhood meetings we're listening   to the residents tell us what we want I mean how 
many times did we hear that tell us what you want   and then when it came before the city commission 
out at Calvary commissioner Persis said how about   120 homes then there was no negotiation that was 
it no negotiation so I don't think there was any   negotiation yes that might have been a very low 
number yes the development might not been make a   profit but that was the point for negotiation 
on the density and that did not occur and then   a couple days after that I spoke with Mr Vely and 
he asked me what number do you think we could get   to and I said well I don't think it's appropriate 
because we said it's time for to go back to the   planning board with a different project and then 
now here we are so we start off very positive we   work with the residents and then we get to tonight 
where we get packets handed to us packets by   the way I was up last night at 3 in the morning 
rereading stuff I don't appreciate this and then   we come here we're threatened I mean how do we 
start off with we want to listen to the residents   to now we're under threats doesn't sound very good 
to me I'm sorry I'm I'm just very frustrated that   this is the way we come in here and um get treated 
I'd like to thank all the residents for all the   hard work and for staying out here it's 9:30 at 
on a Tuesday night we volunteer to do this I mean   we ask for this I appreciate y'all coming out 
and and and and having your voice heard and we   appreciate that um this land was purchased under 
a PRD nothing changed it was purchased under a PRD um and another inconsistency Stephen 
if you can correct me um or the lot size   the minimum lot size under R2 is I believe 
100 by 100 correct 100t in width and 100t   in depth okay and then when we were um had 
the at the last commission meeting this was   brought course at um Calvary we were told 100 
by 100 was not profitable they or they were   not being sold in the today's market I believe 
like 80 by 60 or 80 by 80 or or something that   effect so now we're being one threatened now 
we're being told that they want 100 by 100   Lots we're going to reduce all the buffers I 
mean the residents of Ormond beach deserve better   than this and um I I just can't go along 
with this and with that Mr Mayor I'm done thank you uh commissioner and I was here in 2006 
that project sailed through I don't remember one   person speaking against it uh and it was smart 
growth at the time uh we had concerns we had   questions but all of those were answered and 
worked through and ultimately we approve the   I think 119 or 122 lots and uh it preserved the 
golf course it fit it made sense uh on what is an   exceptionally unique piece of property you call it 
the donnut hole a neighborhood or a area within a   neighborhood uh it just makes sense to use uh PRD 
zoning to protect not only uh the city as a whole   but the residents who live adjacent to this piece 
of property uh using the competent substantial   evidence standard that our attorney indicated 
is what's required I'm not even sure that the   applicant has uh produced evidence uh it had the 
initial burden to produce evidence to show why   the resoning application should be approved under 
the comp plan and Land Development regulations I'm   not sure that they've even met that but for the 
purpose of argument assuming they did uh then the   burden would shift to uh those in opposition 
to the rezoning to produce evidence that the   rezoning application should be denied under 
the comp plan and Land Development regulation   I believe that's what commissioner Persis is 
going to move here in a few minutes I think   there is competent substantial evidence uh that is 
credible relevant and material uh to accomplishing   the goals and policies of our comp plan and uh 
ldrs such that a reasonable mind would accept it   as adequate to the support the decision and I look 
at the uh unanimous planning board recommendation   of denial of the R2 7 to nothing uh after a 
number of hearings number of public meetings uh   a lot of back and forth I also look at planning 
staff's report which recommends denial as well   I think that's definitely substantial competent 
evidence and then we can use as a commission to   make these determinations regarding what is 
competent substantial evidence professional   opinions from Engineers Architects and planners 
and I have to tell you uh commissioner Sargent   I I read every word of this packet as well I've 
been reading and dealing with this project for the   last two and a half years or so uh as we all have 
as you all have uh and it's been one of the most   uh timec consuming contentious issues that I can 
ever recall this city dealing with but uh I was   impressed with Tom hari's uh very detailed report 
incredible career with lots of experience and so   that hit home with me as substantial evidence 
um also the testimony from lay persons tonight   regarding density and traffic also hit home uh I 
find that as substantial competent evidence and uh   I believe moving forward as everyone said that a 
a PRD really is the best way to protect our Land   Development code and our and our comp plan which 
is the whole purpose of that that is to protect   our city and protect our existing residents so 
uh with all that I will now turn to commissioner   Persis for a motion okay all right I move to 
approve resolution number 2024- 64 second moved   and seconded commission any further discussion my 
only comment Mr Mayor was I just wish this could   be negotiated and resolved because I do think that 
I think most people here agree that something's   going to happen there um I think it's just to 
what extent but um that's all I have to say   thank you thank you please call the vote should I 
read the title yes you may sure RESOLUTION NO. 2024-64: A RESOLUTION OF THE CITY OF ORMOND BEACH, FLORIDA, APPROVING AN ORDER OF DENIAL, DENYING A REQUEST BY TRIUMPH OAKS OF ORMOND BEACH I, LLC, TO REZONE 147.94 ACRES GENERALLY LOCATED AT 20 TOMOKA OAKS BOULEVARD FROM PLANNED RESIDENTIAL DEVELOPMENT (“PRD”) TO SINGLE-FAMILY LOW DENSITY RESIDENTIAL (R-2); AND SETTING FORTH AN EFFECTIVE DATE. (OPTION 2) 147.435 read by title only thank you uh Susan 
we do have a motion in a second uh I don't   believe there's any further discussion this 
is a resolution approving an order of denial   so a yes vote would approve an order of denial I 
just want to make sure everybody's clear on that   please call the vote commissioner Persis yes 
commissioner Briley yes commissioner Tolland yes   Comm commissioner Sargent yes mayor Partington 
yes thank you and thank you all we will close we're going to close the public hearing and uh if 
you could be as quiet as you could on the way out commission we're going to go to 9A and I'll 
ask the clerk to read 9A by title only please   ORDINANCE NO. 2024-01: AN ORDINANCE REGARDING THE OFFICE OF MAYOR AND CITY COMMISSIONERS FOR ZONES 1 THROUGH 4 BY PROVIDING FOR AND CALLING A PRIMARY MUNICIPAL ELECTION OF THE REGISTERED ELECTORS OF THE CITY OF ORMOND BEACH TO BE HELD ON AUGUST 20, 2024; PROVIDING FOR AND CALLING A REGULAR MUNICIPAL ELECTION OF THE REGISTERED ELECTORS RESIDING IN THE CITY OF ORMOND BEACH TO BE HELD ON NOVEMBER 5, 2024; PROVIDING FOR QUALIFYING AND ELECTION PROCEDURES; ESTABLISHING A DATE FOR TAKING OFFICE; AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING FOR SERVICES AND MATERIALS WITH THE COUNTY OF VOLUSIA; PROVIDING FOR SEVERABILITY; AND SETTING FORTH AN EFFECTIVE DATE. (SECOND READING)
Susan hold on just one second if I could get uh   just quiet as you exit we still have business 
to do so please if you don't mind exit quietly   thank you all again for being here Susan if 
you would read 98 a by title only ordinance   2024 d01 read by title only thank you Susan 
I don't have any cards appr approval second   moved and seconded any discussion please call the 
vote commissioner Briley yes commissioner Tolland yes   yes commissioner Sargent yes commissioner 
Persis yes mayor Partington yes and we will   move to reports suggestions and requests and we 
start with city manager Joyce Shanahan uh thank   you Mr Mayor I'll I'll be quick um first of all 
um we have one commissioner that has a conflict   with the Strategic plan um initiative Workshop we 
have on May 21st so um I'm wondering if May 20th   works for anybody I think that's a Monday no it 
doesn't uh how about May 28th does that work for anybody okay um let's see uh so the 21st right so I'm trying to find a date that we can have 
another uh meeting to talk about the Strategic   Initiative for upgrading the chamber technology 
and land use study for Riverbend and um the   fot I95 interchange and we've got several 
other workshops that are already scheduled   um May 16 is May 16 are we do the 14th 
maybe the the Tuesday between commission meetings 14 14th is fun for me that'd be a Tuesday 
that's a Tuesday yeah so what are you saying May   14 okay we'll make sure that staff is available 
so we'll we'll tely set it for that so thank you   very much for that um I shared with you all um 
my meeting notes from uh my uh meeting with um   the superintendent of schools um is that today or 
is it it's a long day so I think it went well and   I think we've opened a dialogue to continue 
to work together jointly uh moving forward   especially with regard to um Osceola uh we do have 
a number of workshops planned um May 7th is the   strategic planning ini iaes for the uh new PD 
and EOC uh we have you know State funding for   that um so we're going to move forward with 
with that and talk to you about where we plan   to go with that 56 North Beach Street um we'll 
talk about the usage of that you know we got um   federal state money for that as well but there 
was no specific location identified so we'll   come to you with some alternate options in the 
future on that um you got a full calendar the   rest of um before your July 4th holiday break uh 
June 4th is the proposed uh budget CIP Workshop   um and then um you go on a brief break and then 
July 16th is when we discuss our operating budget   and um in July 23rd would be a regular meeting 
only we have received partial payment from our   insurance claim regarding the PAC uh Paul Davis 
Restoration is recommending that the city to   pursue a secondary provider to clean the air 
ducts in the building and quotes are currently   being secured for that staff continues to work 
meet with bowar to establish cost estimates for   the rebuild and once received we'll uh put that on 
a future agenda uh bowar and their subs are still   in the process of obtaining materials and we'll be 
ready to go when the contract is awarded so we're   trying to lessen that time we're doing work now 
until until we move forward with that um a couple   of other things there was um a concern that we 
might need to do um appoint an an alternate to   the opiate AB abatement task force um because 
sometimes um the mayor can't go so is it okay   if I bring back uh resolution for that Mr Mayor 
and commission yes absolutely um I don't think   it was that I I'm sorry it wasn't that I couldn't 
go it's just they had the option to no I didn't   mean that I'm sorry to have a uh and there's no 
concern about it I think it's great that we get   to a point somebody if there's anybody interested 
that would be a backup just in case and most of   all of our committees have a um an alternate just 
in case there's a conflict with someone's schedule   so I I didn't mean to imply that you couldn't go 
um so we'll I'll bring that forward to you and   I'm available to answer any questions you might 
have any questions for the city manager before   she puts another foot in thank you thank you 
uh assistant city manager Claire Whitley no comments   thank you thank you uh City attorney Randy Hayes 
no you didn't want to give us a dissertation on   no all right and tonight excuse me we start 
with who do we start with Susan I think it's Travis should know commissioner Sargent you're 
right yes thank you commissioner Sargent you're   awesome thank you Mr Mayor um I'd like to 
just say thank you Stephen thank you for you   and your staff awesome work really appreciate 
you Randy thank you for uh everything you do   as well really appreciate it's not easy coming 
having people come in and threaten us but really   appreciate all the hard work that y'all yall do 
especially working the week when most lawyers take   off I guess from what he said so um appreciate 
that um one thing that's of concern to me is the   aviation board I've brought this up before um I'd 
like to see them to start meeting more regularly   they only met one mon in 2023 they already have 
a meeting scheduled for I think next week so   they meet as needed but I I've I've already had a 
discussion with um Brian about making sure that's   at least quarter thank you because as we know 
they the fund's not operating in the black and   I think they should be to help advise us how we 
can do better uh thank you Joyce for and staff for   putting up the signs on the the property across 
cross from 56 North Beach Street on the river we   had some people that were camping overnight and I 
had a resident call me I called Joyce within the   next day we had three signs put up they couldn't 
believe it but thank you um there is an issue   behind here um Miss Shanahan the church um I'm not 
sure the street over here by the elementary school   on the back side they do a food pantry on Fridays 
I think it's a month and the traffic is horrendous   um I mean they line up down the street and just 
people can't get to the school and I'm all for   obviously there's a huge need and it's great 
to see that they're fulfilling it but if we can   maybe help them with a traffic pattern of some 
sort um just to see what how we can facilitate   that would be great yeah PD usually helps um 
them with that and I noticed this last weekend   that they were actually parked in the parking lot 
instead of lining up on the the street so it's   work in progress but we hear you well the mayor's 
brother-in-law called me because it's my zone so   I had to bring it up it's going be trouble um let 
me I had a couple more items here uh I'd like to   you know I talked to two of the police officers 
that are going on the unity Tour and they were   a little bit short on their funds and it was just 
great that I was able to make some phone calls to   some residents who don't want their names out 
there but they were able to fill that need and   I just would like to publicly say thank you to 
those that donated to to officer summer lot in   Medina um to make make sure they got over the goal 
of $2,000 it was it was great and it happened so   quickly like within hours of me making phone 
calls they were at their goal and it just it's   great that we have citizens that are willing to 
step up and and do that um the technology I don't   know if yall been in room 103 yet but we have 
Smartboard in there part of the new technology   and it's very impressive I I just saw it today 
for the first time and it's pretty cool um   and with that I'll say good night I think it's 
been a long enough night thank you Mr Mayor thank   you commissioner commissioner Persis thank you 
Mr Mayor I just want to thank um attorney Hayes   for tonight you I know you had to sit there very 
quietly is he there oh he just left just he just   we just walked out but anyway I still want 
to say it I think he did he's done a great   job looking out for us and representing us and 
I just wanted to personally thank him for that   I I really do um I wanted to let everyone know I 
was happy to attend the green turtle cabba Cafe   ribbon cutting and um what a place it is and I 
didn't really didn't know what Cava was so I had   to look it up so here's what I found out Cava 
is derived from the pepper plant the indigenous   people of South Pacific drink Cava to unwind and 
reset people have become increasingly interested   in the concept of natural and herbal remedies to 
treat diseases and ailments in today's society so   Cava has become become more popular and welln so 
the green turtle Cafe is located next to Jersey   Mike's at the Ormond town Square shopping center 
if you'd like to try it out I think you might like   it it's very different also I have a first step 
shelter update there has been and this is really   good news there's been an increase in referrals 
for seniors and we now have over 70 people daily   in March there were 15 residents a 65 or older 
and of these nine needed shelter when their   leases ended and they could not afford the rent 
increase the good news is last month the Daytona   Beach Housing Authority started a pilot program 
called the rad progam program for people over   um age 62 and older the Housing Authority asked 
the firststep shelter to Pilot the program with   them we submitted nine residents and five of them 
have met the criteria which was wonderful uh the   first step shelter was also able to successfully 
house five of 12 veterans we had in the shelter   last month and help help another veteran into 
a rehab facility in addition in addition to   helping six other residents into various types of 
housing March was a good month for the shelter on   the average they housed someone every other day 
the board also charged Chang the meeting to the   second Monday of the month so I will be able to 
attend more meetings which I'm very happy about   the other news is is due to members on the the 
board having conflicts um they did change again   again they changed the meetings from the fourth 
Monday of the month and they will now meet on   the second Monday of of the month which will not 
pose any problem for me to attend and lastly um   I was invited to attend the fast Flyin and this 
that'll be May 21st through 24th and this is a   biannual event that attendees meet with members 
of Florida's Congressional Delegation to discuss   key Federal issues that affect municipalities 
like ours so Mr Mayor and Commissioners I wanted   to let you know I will be um missing a meeting 
which would be May 21st um so I just wanted to   let you all know about that so and with that I'll 
say good night thank you thank you commissioner   Deputy Mayor Briley thank you Mr Mayor uh I 
just go ahead and say ditto I want to thank   our planning staff and uh our City attorney Mr 
Hayes for guiding us through the process this   evening I know this is probably one of the the 
most difficult uh and and and probably one of the   longest issues we've had to deal with um Randy I 
know this is your your 31st year as City attorney   this is probably one of the the longest and and 
biggest ones you've had probably so at least it   makings up the top five I'm sure yeah um I had an 
opportunity last night to attend the YMCA uh YMCA   dinner at the Hard Rock and let me just tell you 
this our flight YMCA is absolutely awesome the   the things they do with the the the resources 
they have I mean they don't turn anyone away   based on their financial ability or inability to 
pay to be a member of the YMCA and we are just I   think uh you know the the board of the YMCA has 
been LED in the past few years by Charlie licker   he's done a fantastic job I think that board and 
with with Charlie's leadership has really turned   the YMCA organization and Volusia/Flagler counties 
around I think they uh are very blessed to have   Charlie and and the leadership there we're very 
blessed to have them in the city of Ormond Beach and   uh kudos to the YMCA and lastly Mr Myoar I'll just 
end with this um May 3rd you all have a flyer on   your on your de we're having a fundraiser at the 
daytona Beach area Association of Realtors for   Corporal B's family and uh it's free to attend 
uh the o'quin from oquinn insurance are doing   their world famous hot dogs for a donation and 
we'll have an ice cream truck there a canoli   truck uh there'll be about 70 vendors there it'll 
be kind of like a home show and trade show type   thing we did a Facebook live this morning with 
with Chief Godfrey and and Captain Roos uh and   and Corporal Summerlot so uh it'll just be a 
real good a real good time for very good cause   and with that Mr Mayor I'll say good night thank 
you thank you Deputy Mayor and commissioner Tolland   y thank you um just piggybacking on what you just 
said Harold was um not now that Charlie's retired   Troy railsback will be stepping up for that 
leadership role and he's done a wonderful job   on our planning board and I'm really proud that 
we still have that um leadership moving forward   um I do want to um thank Lindsay for coming up and 
talking about about Ormond Beach being the Hallmark   town I like that little saying um and giving 
kudos to Parks and Recreation that's very dear   to my heart and I think with the dedicated millage 
that we're doing now and the echo grants that we   received I think we're going to start seeing some 
real good movement with Parks and Recreation so   thank you and Suzanne shriber wanted to see if we 
could get some letters from the advisory boards um   in opposition of badier is that something that we 
can how how can we go about to let the chairman of   these advisory boards know that this is something 
that's asked I don't know if that's appropriate   or how or what we can do well um you know the the 
roles of the boards are Guided by uh the duties   um that are prescribed in u the Code of ordinances 
and the Land Development code so if it fell with   within the parameters of what their role is as 
a governing board then arguably they could they   could discuss it and um um agree to the format of 
a of a letter the same as you do here okay right   um so there may be some basis for that uh to the 
extent that the request Falls outside of their   duties um you know they probably wouldn't have 
the the broad authority to do that but I don't   know that there would be necessarily anything that 
would prohibit that from happening if they really   wanted to do that but I think that's something 
that the boards could take up um separately on   their own uh and so perhaps somebody could appear 
before board and and make the recommendation or   the suggestion or the staff liaison person could 
present that to the board and ask if they might   be interested in discussing that as a board and um 
and then either authorizing the chairperson uh to   um um author a letter on behalf of the board uh 
or perhaps have a proor of a letter prepared and   presented so that they could approve it um because 
they would say they they would they would have the   same challenges as you do here in the sense that 
um the board members could not go to the staff meeting   a on and make changes to the letter right without 
coming back to them so there there's some there   are some pitfalls but the short answer is there's 
well no I think it could probably be done um but   we can give some some guidance on that all right 
thank you um I also want I want to thank um Joyce   for helping the Jewish Festival get those banners 
put up I know that they were really worried about   that right before the event and thank you for 
doing whatever magic you do um I also want to   officially thank Sean Finley uh this morning I got 
got a call from a resident I was getting ready for   another meeting and um it was a business owner in 
the plaza by Jimmy John's yeah Jimmy Johns and um   I guess Metronet decided to just put a big old 
motor in their parking lot I mean and this this   business only has a couple parking spaces so in 
my lack of Technology skills and I was trying to   find Shawn's business number I Mis mistakenly called 
his cell and I then I decided Well I might as well   just tell you what the problem is by by that was 
9:00 this morning by this by the afternoon he said   that's an easy fix and I had text the the business 
owner right before the meeting and she was very   grateful that Shawn went over there got them removed 
out of her parking place so you know that's the   kind of staff that we have and that that's what 
we I think as all of us as Commissioners really   appreciate and public doesn't always recognize so 
I'm very grateful grateful to him for that um and   then of course lastly Randy steven staff you 
offer your expertise for complex issues and we   are really grateful for that and I really feel 
bad that sometimes um public can can I don't   want to say crucify you but they can they can say 
things about you that aren't always true true and   I really appreciate the expertise that you provide 
for all of us I know we go to you individually but   you do help us with these very complex issues you 
know we want to do what's right for the residents   because we represent them but we also don't 
want to put the city in a in and say stupid   things and put the city in a in a very liable way 
so really appreciate your your um expertise and   your guidance and um never have I ever felt that 
when I've asked for help or questions was I ever   told what to do or the answer I was always giving 
this is what you can do this is what you you know   these are all your options and I really appreciate 
that so thank you and um the only other thing is   I did ask the question about the signage and if 
the commission wanted to follow through with any   of that asking staff to look at it I know Harold 
had shook his head I don't know if the rest of you   are interested it's not like it's pertinent the 
electronic signage it's not something that has to   be done now but maybe if you guys are agreeable 
we can kind of put it on an agenda down the road   for for planning to look at but if you guys need 
to see if that's something you want to do I think   yeah I think down the road is fine uh we've been 
through it a couple times over the last however   many years um planning definitely needs to weigh 
in on it the planning board would need to weigh   in on it and then uh because it's a slippery slope 
but I think it can look better you know that's why   I voted for the thing tonight because I think it 
actually looks better right but when you get too   much of it I mean it needs to be to me it needs 
to be on a caseby casee basis every single one   and then have strict regulations as far as how 
often it flashes what how bright it can be where   it's located all that location the and all the 
parameters I'm not trying to open up the the can   of worms I just wanted to just be Revisited that's 
all Mr I would just agree needs to be some sort   of Regulation at the risk of workshopping things 
to death and having workshops for workshops but   it may be a workshop item I don't know but I I 
do think there's a merit to it and it should be   you know if nothing else have some regulations 
if we're want to have it great would we want to   start with the planning board first I think that's 
the appropriate Place yeah think so is that yeah   okay the commission can Workshop that January of 
25 yeah I think at this rate you we've got a lot   of a lot of workshops coming up and that's that 
was my last comment so thank you guys appreciate   it all righty um I was pleased on the consent 
agenda to see the drainage project at Fleming   finally happening uh uh the no-name storm of 09 
that in two and a half days dropped like 27 28   inches on us and created such flooding really Drew 
attention to that issue we've had a lot of success   managing that but this will further help ensure 
that we never have the flooding in homes that we   did did back then so that's fantastic I along with 
uh many other members of the commission attended   advent's grand opening of their new facility 
last Thursday I think it was a 47 48 million   facility and they've got other great things that 
are going to be happening I think we may even get   a report here in the next couple meetings looking 
forward to that uh some really needed improvements   in the Health Care system in our area the Jewish 
Heritage Festival was great I saw yall out there   and our residents I think enjoyed it our chief and 
the sheriff did an amazing job keeping everybody   safe working together and uh that was a very 
successful event so pleased to see that I don't   know if anybody saw the camel that's did you write 
it awesome yeah it's a cool cool thing um and then   I'll close just by saying thank you to uh Susan 
and Travis and Lori and Harold for that matter   for uh taking the time to travel it's a lot of 
extra work uh whether it's the fast flying whether   it's the national league of cities whether it's 
it's the uh police memorial but important work   that happens at those events so thank you all 
for doing that and with that we are adjourned