Developer Documents

From: Karl J. Sanders

1102 A1A North; Suite 201 Ponte Vedra Beach, FL 32082

Direct: 904.868.7929 Mobile: 561.386.1216 kjsanders@kjslawpa.com

November 21, 2023

TO: Mr. Randy Hayes
City Attorney
City of Ormond Beach
22 South Beach St. Ormond Beach, FL 32174

Email: randy.hayes@ormondbeach.org
RE: Withdrawal of Application for PRD Development Order

Tomoka Reserve Subdivision (PRD 2022-043)

Dear Mr. Hayes:

This Firm has been retained by Triumph Oaks of Ormond Beach, LLC (“Triumph Oaks”) to serve as co-counsel (alongside Rob Merrell and the law firm of Cobb Cole) in connection with securing the requisite permits to develop its real property located at 20 Tomoka Oaks Boulevard in Ormond Beach (Parcel ID # 3242-07-00-0010).

The purpose of this correspondence is to formally advise the City of Ormond Beach that the members of Triumph Oaks (hereinafter, the “Property Owners”) have decided to withdraw their application for a new PRD Development Order (PRD 2022-043). Instead, the Property Owners will be moving forward with their pending application to amend the City’s current Zoning Map designation for the Property back to “R-2” – the conventional zoning district that the City originally assigned to the Property prior to City Commission’s adoption of Ordinance 2006-17 (approving the former owner’s request for a zoning map amendment to PRD and a now-expired Development Order for the “Tomoka Oaks Golf Village PRD”).

Although the Property Owners continue to believe that their most recent changes to the PRD Development Order proposal (calling for 272 single-family lots with extensive buffering and other site enhancements) reflects a development plan which offers significant public benefits for both the neighboring property owners and the City, they also recognize their legal rights to develop the Property in accordance with the conventional zoning district regulations associated with the R-2 zoning district – the original zoning designation for the Property (and the current zoning designation for the residential neighborhoods surrounding the Property).

Withdrawal of PRD 2022-043 Development Order Application November 21, 2023
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In light of the City Commission’s comments and directives earlier this month at the public hearing on the request for approval of the proposed “Tomoka Reserve” PRD Development Order, the Property Owners have concluded that the Commission’s decision to remand their application back to the Planning Board – despite their stated objections – for the purpose of negotiating a “significant reduction” in the number of residential lots would be an exercise in futility. Accordingly, the Property Owners will be moving forward with their pending application (ZMA Project # PZ-23-054) to re-affirm their legal right to use and develop their private property, consistent with the published development standards associated with the City’s R-2 zoning district.

Per the statutory directives of the Community Planning Act, the Florida Legislature has expressly directed all local governments in this State “to recognize and respect judicially acknowledged or constitutionally protected rights.” And this statutory mandate includes the obligation of local governments to apply their land development regulations “with sensitivity for private property rights” and not unduly restrict the ability of private property owners to use and/or develop their land:

Property owners must be free from actions by others which would harm their property, or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law.

§ 163.3161(10), Fla. Stat. (2023).

Consistent with the statutory mandate of Section 163.3177, Florida Statutes, the City Commission of Ormond Beach has affirmatively expressed its recognition of the private property rights of its constituents by its approval of Ordinance 2021-44, wherein the City created a new “Property Rights Element” for inclusion in its Comprehensive Plan (mandating consideration of “the right of the property owner to use, maintain, develop and improve his or her property . . . subject to state law and local ordinances.”). “Local ordinances” include the regulatory provisions of the City’s Land Development Code. And, per the unambiguous terms of that Code, the R-2 zoning district regulations must be applied uniformly to all parcels assigned with that zoning designation. Stated differently, unlike a voluntary request for a PRD zoning district, there are no site-specific development standards for the City to consider in determining the “compatibility” of a proposed development with neighboring properties; rather, as a matter of law, any proposed development which meets the published regulations for a conventional zoning district (such as the R-2 district) is legally “compatible” and must be permitted as a matter of right.

In closing, pursuant to the mandatory directives of Section 166.033(1), Florida Statutes, I kindly request that you direct City Staff to promptly notice our pending application for a Zoning Map Amendment from PRD to R-2 (filed on May 4, 2023) for hearing before the City’s Planning Board at their scheduled meeting on January 11, 2024.

Withdrawal of PRD 2022-043 Development Order Application November 21, 2023
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We thank you in advance for your prompt attention to this matter and look forward to receiving confirmation of the January 11 hearing date before the Planning Board for its consideration of ZMA 2023-054. In the meantime, should you have any questions or wish to discuss this matter further, please do not hesitate to contact either me or Rob.

Very truly yours,

Karl J. Sanders

cc: Rob Merrell, Esq. Dennis Bayer, Esq.

Steven Spraker

Contact the Developers and their representatives:

Tomoka Oaks Development, LLC

Ray Barshay and Carl Velie of Ormond Beach

Sheldon and Emily Rubin of Winter Park

Rob Merrell, Cobb Cole (386) 255-8171 149 S Ridgewood Ave Suite 700, Daytona Beach, FL 32114

Dwight DuRant, Zev Cohen & Associates (386) 677-2482 300 Interchange Blvd, Ormond Beach, FL 32174

From Developers May 20, 2021 Meeting at Ormond Beach Performing Arts Center