Welcome to Beautiful Tomoka Oaks

 Thank You to all the members of our Home Owners Association!

Please see our Recap 2023 Video for Tomoka Oaks!

Tomoka Oaks is a family friendly community in Ormond Beach consisting of unique single family homes nestled in landscaped acres with abundant open space.

Get to know your neighbors.

News

I spoke with the HOA attorney, Dennis Bayer.  He advised that  the developer has filed its Petition for Writ of Certiorari ("Petition") against the city. A copy of the Petition has need posted on the HOA website. Essentially, the Petition is an appeal by the developer to the court asking that the city's actions be reversed and order the city to grant a R-2 designation to the golf course property. 


It has been assigned to Circuit Judge Dennis Craig who sits at the City Island courthouse in Daytona Beach. Judge Craig will review the Petition and likely issue an Order to Show Cause requiring the city to respond to the developer's arguments. 


Dennis will be filing a Petition to Intervene requesting the court recognize the HOA as a party. We anticipate that this request will be granted. Dennis will file a response for us.  That said, the heavy lifting concerning a response will be done by the city. 


Once the pleadings have been filed, the judge reviews what has been filed and sets a hearing. At the hearing, no evidence or testimony is taken by the court. The attorneys will make arguments to the court utilizing the record that has been filed and the case law cited in the pleadings.  The record in this case is more than a thousand pages. After this occurs, the judge will issue a ruling for either the developer or the city.  This ruling could take months to be issued.  


After the ruling, the losing party will probably appeal the matter to the Fifth District Court of Appeal ("Appeals Court") also located in Daytona Beach. Essentially, the procedure for the appeal will be the same as described above for the trial court, except the Appeals Court has three judges. An appeal like this will probably take a year from the filing of the Notice of Appeal to the issuance of an opinion by the Appeals Court. 


A new large development will likely create traffic, safety, flooding issues while raising property taxes in our already overburdened community. Property values may decrease with traffic congestion and open space loss.

Ormond Beach info on development: https://www.ormondbeach.org/1036/Tomoka-Reserve-R-2-Zoning.

Darla and Doug Widnall, our supporters who live in the Trails, printed red t-shirts that say: "SAVE TOMOKA OAKS" - - All area residents can purchase one for $5.00 by calling or texting Darla at 386-235-5549. This red shirt will send a strong, visual message to the Commission that we oppose this development.

2024 minimum dues are $80 PER YEAR to keep your neighborhood looking beautiful. That's a great deal for you.

Dues help pay for grass mowing, trimming, fertilizing, pest control, sprinkler maintenance, FPL power, hurricane cleanup, liability insurance, mailings, irrigation pumps, tree trimming/removal, flowers, signage, holiday decorations and more. Our VOLUNTEER (unpaid) HOA operates on a razor thin budget to keep our neighborhood looking good and keeps our property values higher. Please everyone send your very low dues to the HOA and urge your neighbors to do so. Help keep Tomoka Oaks looking great!

If you have not already done so for 2024, please make your check for $80 payable to Tomoka Oaks Homeowners Association and mail to: TOHA Treasurer, 124 N. Nova Road Box 193, Ormond Beach, Florida 32174.

Help Needed - Tomoka Oaks Legal Fund to Mitigate Development

As many of you know, the developers pulled their Planned Residential Development (PRD) of 272 homes because they did not want to take the direction of either the planning board or our city commissioners stating that their plan was too dense - as well as other factors (no 100 foot lots around parameter, buffer irrigation etc).


Now the developers are coming back trying to get the golf course property rezoned (back) to R-2 (currently it is zoned PRD) so they can develop 317 homes with only a 6 foot buffer to the existing homes! They did not care how we as a neighborhood felt, nor how the city of Ormond Beach felt about this special property, now deemed the "hole in the donut." Maintaining the charm of our neighborhood as well as ensuring the quality of life in Ormond Beach is so essential. So unfortunately this ordeal is not done.


The good news is that the Planning Board unanimously voted to deny the request to rezone the property back to R-2 on January 11. The next step is the developers will speak again to the city commissioners asking for the rezone. We are hopeful that they too will follow the Planning Board's recommendation of denial. However, the bad news is we need to continue to retain our counsel in Dennis Bayer - the attorney we hired to help us navigate the intricacies of our land use rights.

 

So with that we NEED YOUR HELP AGAIN. Our legal fund allowing us to mitigate this development is running very low since the developers keep dragging this out (we have been fighting this for approximately three years). 

 

In order to continue paying his fees, we need to raise at least $5,000 for his legal representation against these developers as we head into another commissioner meeting. This meeting is tentatively scheduled for February 20. We have an anonymous donor who is willing to MATCH $2,500 if we can raise at least another $2,500. Please give what you can. We cannot give up now as this rezone request, if approved, would be detrimental to our community. Please spread the word too, this will not only affect us but also the communities around us.


The way you can give:

Please make checks payable to the "TOHA" with "legal fees" referenced in the memo line of the check.  The mailing address is: TOHA, 124 North Nova Road, Box 193, Ormond Beach, FL. 32174. Giving by check allows us to keep track of who gave in case any contributions are not utilized, we can return funds on a pro-rata basis.


We appreciate the community's continued support as we take on this unwanted development in our beloved Tomoka Oaks.

    Sincerely, Golf Course Committee - Voluntary group to the Tomoka Oaks Homeowners Association TOHAweb.com

On 1/11/2024 the Ormond Beach Planning Board unanimously turned down the developers request to change the zoning of the golf course to R-2. 


1/11/2024 Tomoka Oaks Developers Want More Houses: Ormond Beach Planning Meeting Thursday Jan 11th 6pm at Tomoka Christian Church on Hand Ave.


The City of Ormond Beach Planning Board and Commissioners both voted no to an earlier plan (272 houses) by the developers, now they are looking for a zoning change for the golf course.


Please see Developer R-2 Filing. Letter from new attorney representing Sheldon Rubin, Ray Barshay, Carl Velie

11/11/2023

As you probably have heard, the Ormond Beach City Commission refused to accept the proposal of the developers to build 276 homes in the proposed Tomoka Reserve development. The Commission instead ruled the matter should be returned to the Planning Board and urged the developer to “substantially” reduce the density and address other issues raised by the HOA and the city staff. We do not anticipate this going to the Planning Board before January. I have also attached a copy of the News-Journal article about the subject. Let me know if there are any questions.


https://www.news-journalonline.com/story/news/2023/11/08/ormond-punts-controversial-tomoka-reserve-back-to-planning-board/71477670007/


Jim Rose

jameslrose57@gmail.com

Tomoka Oaks Newsletter by Carolyn Davis https://tomokaoakshistory.com/

10/8/2023

The Commissioners can still ignore the Planning Board's 7-0 decision to deny Rubin the change of zoning. Please come to the meeting and let the Commissioners know what you think. Find info about the Ormond Beach Commissioners. Read more about the meeting. Ormond Beach Commissioner's emails below:


Get a red SAVE TOMOKA OAKS t-shirt to wear to the hearings!

Darla and Doug Widnall, our supporters who live in the Trails, printed red t-shirts that say: "SAVE TOMOKA OAKS" - - All area residents can purchase one for $5.00 by calling or texting Darla at 386-235-5549. This red shirt will send a strong, visual message to the Commission that we oppose this development.

9/30/2023 

The Ormond Beach Commissioners and Volusia County are indicating they would like to relocate the fuel dump planned for US1. However they are also indicating they have no direct power to stop the fuel dump. Please call your Florida State, Volusia County, and Ormond Beach representatives:

State: House District 28, Representative Thomas J. "Tom" Leek at Tallahassee Phone: (850) 717-5028, at Daytona Beach: Phone: (386) 238-4865
State Senate District 7U.S. House District 6U.S. Senate: Senator Marco Rubio  Senator Rick Scott
Ormond Beach Commissioners: Susan Persis Zone 3 Volusia County Council: Troy Kent District 4 

Little Blue Heron in Tomoka Oaks Golf Course

Donations are gratefully accepted for a separate legal fund to help lessen damage to our community from development. The Tomoka Oaks Homeowner's Association ("TOHA") has retained land-use attorney Dennis Bayer to advise and represent the TOHA in regard to the potential development of the golf course. The TOHA is soliciting contributions to pay for Mr. Bayer's services, as well as other professionals who we may need to retain (traffic engineer, land use planning expert, environmental engineer). A separate account for the contributions has been established. None of the voluntary dues that you pay will be utilized for these professional fees.

If you are interested in contributing, make checks payable to the "TOHA" with "legal fees" referenced in the memo line of the check.  The mailing address is: TOHA, 124 North Nova Road, Box 193, Ormond Beach, FL. 32174. Any contributions not utilized will be returned on a pro-rata basis. We also have a GoFundMe.

9/7/2023

1) Tomoka Reserve Plan to Build 272 Houses on the Old Tomoka Oaks Golf Course

Meeting audio link: https://www.youtube.com/watch?v=qHypRKYK9oU

Save the date: Tomoka Oaks Planning Board meeting on Tuesday Sept 26, 2023, 6pm at Calvary Christian Center at 1687 West Granada Boulevard. Please show up and give your opinion on the plan to build 272 houses and road/utility infrastructure.


From Steve Spraker (Ormond Beach Planning Director): The Site Plan Review Committee has received an updated site plan submittal which is available at:  https://www.ormondbeach.org/1013/Tomoka-Reserve.

 

The Tomoka Reserve project has been scheduled for a September 26, 2023 Ormond Beach Planning Board meeting to be held at Calvary Christian Center at 1687 West Granada Boulevard, Ormond Beach, FL 32174 starting at 6:00 pm.  Please note the location as Calvary Christian Center at 1687 West Granada Boulevard.  Written comments on the project for inclusion in the packet can be (1) sent to comdev@ormondbeach.org or to my e-mail address (Steven.Spraker@ormondbeach.org)  - please include "For Planning Board" in subject line, (2) hand delivered to Room 104 of the Ormond Beach City Hall, or (3) mailed to me at the address provided below.  Correspondence provided on/before September 13, 2023 at 5pm would be provided in the packet.  Additional correspondence received after September 13th would be provide to Planning Board members separately.  Correspondence received “For Planning Board” to date will be provided in the Planning Board packet.

2) Belvedere Fuel Dump at US 1 and Hull Road

Save the date: Monday Sept 18th 5-6pm Volusia County Council Member Troy Kent (District 4) hosts a meeting at Holly Hill City Hall about the proposed fuel dump.

Below from Walt D. on Nextdoor

Jeff Brower (Volusia County Chairman) has a great post on FB (reprinted below for anyone not on FB) with excellent points regarding Belvedere Fuel Terminal. I did research on who owned Belvedere but never took it to the next level of 'who owned the Railway'...didn't think I needed to. Surprise...Grupo Mexico owns the FEC railroad (since 2017) and retrospectively Belvedere. Day by Day it all does look like a setup...so here is his post:

"A fuel farm out of place. Aerial views show how the city of Ormond Beach has grown out to and around this heavy industrial area. There are hundreds of homes in the immediate area who would have to compete with 4 semi trucks an hour, 24 hours a day, 7 days a week, on the narrow public roads.

Halifax Paving has an entrance from Hull Rd. This business has never been a problem to the area. It is owned by a multigenerational local family who have always been involved in our community in productive ways.

Directly across from what could be proposed as the primary entrance is the popular Ormond Sports Complex on Harmony Rd. The pictures show this possible entrance is a productive wetland. The alternative entrance would be Hull Rd. directing this massive truck traffic right through the Halifax Paving property. Neither option is acceptable.

There are surrounding businesses including a popular dance study catering to children and families. The aerials make it clear the primary use of this area is residential and low impact commercial. 

This makes it clear this location should no longer be heavy industrial. Ideally the City and County should change the zoning to agriculture or mixed use. Ideally this land should be put into conservation. Either of these options will be a difficult path.  SB 250 passed in the last legislative session prohibits any municipality located within 100 miles of the landfall of either Hurricane Ian or Nicole from even proposing "burdensome" amendments to a comprehensive plan or land development regulations. 

Then there is the fear that changing zoning would trigger a lawsuit from Grupo Mexico which owns the FEC railroad and Belvedere. Given Grupo Mexico's dismal safety record, the fear of a lawsuit is outweighed by the likelihood of a horrible disaster that can't be undone. Both the City of OB and Volusia County, in my opinion, should be pursuing an aggressive path to rezone or purchase this property. Up to this point it seems quite the opposite has happened with recent zoning changes being very favorable to Grupo Mexico.

So what can the people of Volusia County do to help stop the construction of a fuel farm containing 30,000,000 gallons of gasoline in a residential neighborhood? 

1. Continue to ask your City and County representatives why these zoning changes were put through this year.

2. Demand from your County representatives, aggressive action that puts consideration of your health and safety above a strategy focused on avoiding litigation.

3. Write to your local State Representatives and Senator, all of whom are on record as opposing this, to work with the Governor, City, and County to protect this area and prevent this terminal from being built in such an irresponsible location. 

4. File your own appeal with Belvedere and the EPA for a change of location to a more rural area. 

5. Continue to call, write, and email the Governor and your City and County representatives demanding action on your behalf. 

6. Public opposition is what will eventually stop this. Persistence, time lines and hard questions are your best tools. 

For my part I will continue strong opposition to a fuel farm in this location. I have asked County staff to locate alternative locations to discuss with Belvedere representatives. This is in progress.  I have asked legal staff to investigate every avenue available to us. I will continue to seek a resolution whereby the City and County change the zoning of this property based on the very real dangers to public safety."

https://nextdoor.com/p/gZzGNYrZX5W4?utm_source=share&extras=NjE5NDgyMDY%3D

In your backyard: a new fuel dump, we lost two hospitals, Advent Hospital overcrowded, schools overcrowded, Avalon and other massive developments, lost two golf courses, a lot more traffic, a new sewage plant and other expensive infrastructure, higher property taxes and possibly lower property values because of Ormond Beach issues.


Contact the City of Ormond Beach:

Planning department at 386-676-3238, check ormondbeach.org/1013/Tomoka-Reserve

City of Ormond Beach Commissioners (final decision makers):

https://www.ormondbeach.org/116/City-Commission

Past: 7/13/23 Meeting: The Ormond Beach Planning Board meeting about Tomoka Oaks, Thursday July 13th, 6pm, at Calvary Christian Center, 1687 W. Granada Blvd. The City and Sheldon Rubin (the developer) will present their cases for building 276 more houses. You have a chance to speak! This is not a done deal.


Written comments on the project can be sent to comdev@ormondbeach.org - please include "For Planning Board" in the subject line.


Everyone in Tomoka Oaks, Escondido Condos, the Trails and Talaquah will be directly impacted by this possible development to build 276 houses on the old golf course.

5/12/2023 Ormond Beach Planning requests more information from Rubin developer. Also Florida DEP provided site environmental review information.

5/4/2023 Rubin developer drops R-2 Zoning plan information.

5/1/2023 Rubin developer drops more recent plan for Tomoka Oaks. See Ormond Beach website for more information.

Notice: PLEASE watch your landscapers!!  They’re piling yard debris on our common areas (Terry Circle), parking on the Waterfront Court Island and still another just dumped a yard full of leaves on the island at Rio Pinar and S. St. Andrews.  We have to pay to have these common areas cleaned and maintained and we don’t need the added expense.  Thanks for your assistance.

Above: Feb 8th, Wednesday, 5pm and 7pm - Neighborhood meeting run by developer Rubin at Temple Beth-El, located at 579 North Nova Road.  Many people asked the developer questions and got some answers. See talking points below.

GOLF COURSE MEETING TALKING POINTS

Do NOT be discouraged!  There will be more Meetings!  Nothing has been finalized!

NOW is the time for consistent correspondence and conversations.  https://www.ormondbeach.org/116/City-

Timeline

2/27/2023 The Rubin development project still has no traffic solution for the additional 600+ owners cars/trucks, construction, utility and maintenance vehicles. Traffic on Tomoka Oaks Blvd (between the Rubin Development and N. Nova Road) is the only direct exit for Tomoka Oaks and Escondido Condos homeowners, and will be a nightmare. It may take two years for FDOT to put up a traffic light on our Nova Rd intersection.

Feb 8th, Wednesday, 5pm and 7pm - Neighborhood meeting run by developer Rubin at Temple Beth-El.

Jan 26th, Thursday, 6pm at OB Senior Center - Annual Homeowner's Association (TOHA) - come and ask questions TOHAweb.com

Jan 13th, Friday - Rubin Development files plan with Ormond Beach Planning Board.  See https://www.ormondbeach.org/1013/Tomoka-Reserve. See map below. All Residents will be affected by this planned development in the old golf course.

12/1/2022 Jim Rose and some members of the Golf Course Committee met with Sheldon Rubin, Carl Velie, Ray Barshay, Rob Merrill and Zev Cohen representatives. No significant new information on the Rubin development plan other than they are continuing to ask for too many units (300) and they now have an emergency exit at 100 N. St. Andrews Dr. after purchasing the house.

11/17/2022 Rubin Development (Tomoka Reserve) asks for a 90 day extension from Ormond Beach to respond to the Site Plan Review Committee (SPRC). Ormond Beach grants the extension to January 28th, 2023. See all OB documents at https://www.ormondbeach.org/1013/Tomoka-Reserve.

11/10/22 New houses to blame? Development may be part of Deltona's Ian flood problem - News Journal

8/18/22 The Big Florida Lie: Growth Does Not Pay For Itself - Orlando Sentinel

7/25/22 Dear Tomoka Oaks residents, 

I wanted to let you know that neither our attorney nor I have heard from the developers or their counsel since a June 8 technical meeting with city staff. Attorney Bayer has reached out today to the developers’ lawyer, but has not heard back as of this time. I will send out an email as soon as I get any information.      Jim Rose - Golf Course Committee Chair - jameslrose57@gmail.com


7/21/22 Ormond Beach Tax Rate Going Up Again - Get Out and Vote - Primary August 23 and General Election November 8.

6/10/22 Rubin developer contractors will be taking pictures of the golf course as part of "developing a landscape and preservation plan".

6/8/22 Ormond Beach Rubin Development Planning Board (SPRC) Meeting Summary

A quick update of today's SPRC meeting.  The meeting between city staff and the developer lasted less than an hour.  Several members of the GCC and some TO residents attended in person and by zoom.  The highlights were:


1.  Discussion was had about the buffers and the vegetation/trees that will have to be planted by the developer.  Developer represented that almost all the current vegetation and trees in the proposed 50 ft buffer would not be disturbed.  There was discussion on the amount of plantings that the developer would have to do on the buffer areas that do not currently have sufficient vegetation/trees.  


The issue of who owns the buffer property came up also.  The staff was vehement in its desire that the new development HOA or other entity own the property to prevent trees being cut down or clearing of the buffer, rather than the new development homeowner owning it with some restrictions. We agree with this position in that individual landowners would certainly violate the restrictions.  I also will want some kind of standing granted to contiguous Tomoka residents who live on the golf course to have a cause of action to enforce the provisions of the Planned Development Order.  This matter will have to be negotiated further.


2.  The issue of pedestrian access from Tomoka to the new development came up.  The developer admitted it should not have put the proposed accesses on their initial plan.  The developer acknowledged that they cannot force anyone to give access.  The developer offered to put an access over any TO golf course property that volunteered it, so long as it led to a common area in the new development. 


3.  The developer must have a second emergency access for fire trucks, etc. if it wants to build more than a 100 units.  They appear to not have this access at this time.  We had thought they had purchased a home on Oakmont for this purpose, but now we are unsure.  More to come on this issue.


4.  After the meeting, Carl Velie approached me to discuss a potential cell tower being put up on the golf course property.  He said it would be one that looks like a big tree, but no specific site has been chosen.  He advised that this is not part of the building plan and if it is not acceptable to our residents, they will not pursue the matter during the development order process. 


Rob Merrill said he anticipates going through the SPRC once more before they initiate the neighborhood meeting and begin the formal process.   He also said he anticipated speaking with representatives of the GCC/HOA about these and other issues (if so, members will be contacted so we can get a group together for any meeting).  As you are aware, we will get at least two weeks notice of the neighborhood meeting being scheduled.

4/6/22 Dear Residents -

We have received the initial application for the development of Tomoka Oaks golf course from the developer’s attorney’s office. The application was filed with the city today (April 13). Our attorney and experts are reviewing the filing and will be giving us their analysis. The Golf Course Committee will be meeting with our attorney after his review. Once we have further information on his analysis and anticipated schedule for future events (neighborhood meeting, planning board, city council, etc), we will be contacting you. Let me know if you have any questions.

  - Jim Rose


Read the Rubin Plan at https://www.ormondbeach.org/1013/Tomoka-Reserve

News: Annual TOHA Homeowners Meeting on Jan 27th. Good turnout in person and on the Zoom call. But we need everyone to get involved to help Tomoka Oaks! Clean up your block, send in dues and talk to your neighbors. 

News: Tomoka Oaks Site Planning Review Committee (SPRC)  January 5, 2022. Golf Course Developers asked questions of SPRC. Public was not allowed to speak. You can email Steven.Spraker@ormondbeach.org. See City of OB Minutes of meeting.

News: Tomoka Oaks Residents on Big John (AM 1380) Radio Show (at 48 minute mark)

News: Tomoka Oaks House Featured in Ormond Beach 15th Annual Tour of Homes

News: Golf is Increasingly Popular (Bloomberg)

Remember: You Do Have a Voice in Ormond Beach Development. Contact your City Commissioners.

                       Contact the Planning Board. Contact OB Observer, News-Journal, and more.

News: City Commission needs to listen to Constituents

News: Indigo Lakes residents push back on plan to redevelop their neighborhood golf course

News: See your neighbors with pictures and questions in our new section.

News: Avalon Park 10,000 home community meeting - Tuesday, Nov 9, 6pm - Connects to Route 40 across from Breakaway Trails  - "We know, no matter what the pace of Avalon Park’s buildout is, it will have a critical effect on our Ormond Beach community," said Joyce Shanahan, Ormond Beach city manager.

News: New Subdivision proposed for Airport Rd and Tymber Creek Rd

News: Florida lawmakers gut growth rules that helped Florida growth pay for itself

News: We have Preserve Tomoka Oaks signs again: If you are concerned about building 100-500+ homes on the golf course, the additional traffic, property value loss and other problems, you can get a “Preserve Tomoka Oaks Golf Course” sign by picking up at 112 N. St. Andrews Dr. or calling 386-262-5525. Free to HOA members, $4 for all others. Let the city and the developers know you are paying attention and you are a voter!

News: More Homes Coming to Plantation Oaks in Ormond Beach

News: Homebuilder Closes on More Land on the Loop

News: Airport Runway Extension?

News: Housing Development on Deland Golf Course Tabled

News: Public Golf Course benefits Veterans

News: Seminole County Buys Two Golf Courses

News: Golf's Surge in Popularity in 2020

News: Developers meeting (July 15th) recording now available for viewing

News: GoFundMe site set up for Tomoka Oaks Legal Fund

News: Developers say 318 new Houses in land designed for a golf course - congestion, traffic, loss of green

News: Susan Persis talks about Tomoka Oaks Development in Ormond Beach Observer

News: The Tomoka Oaks Golf Course Has Been Sold for $2.6 Million