- April 26, 2024
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A Volusia County Circuit judge has ruled to uphold the Ormond Beach City Commission’s denial of a development order for Marshside Village.
The commission unanimously denied the 144-lot subdivision development slated for the corner of Airport Road and Tymber Creek Road in October 2018, due to flooding concerns, reduced perimeter setbacks and small lot sizes. The developer also had an agreement with CANDO 2 to instate a $25,000 penalty per acre of wetland damaged in the project.
Circuit Judge Michael Orfinger concluded on June 9 that the developer Edward Speno, of Edward James Corp., and his attorney failed to demonstrate “they were denied procedural due process, that the city failed to observe the essential requirements of law, or that the action of the City Commission was not supported by competent substantial evidence.”
The petition to repeal the commission’s vote was filed on Nov. 15, 2018, a month after the commission decision. The court document singles out that a development order for the subdivision was previously denied in 2013 due to proposed small lot sizes. In the 2018 proposal, lot size was still an issue, and city staff raised concerns over traffic impacts, stormwater management and the compatibility of the project with surrounding subdivisions, court documents state.
The Planning Board also recommended the city deny the 2018 development order.
On the CANDO 2 agreement, Orfinger issued the opinion that “the effect of the CANDO agreement on the City Commission’s vote, if any, is sheer speculation.” Court documents state all parties acknowledged it was unenforceable, and while the developer and his attorney may suspect it impacted their application, their suspicion has no legal or evidentiary support.
Volusia County Beach Safety Ocean Rescue is seeking reaccreditation through the Commission for Florida Law Enforcement Accreditation, having obtained the recognition since 2006.
In early December, assessors from the CFA will review the agency’s policies, procedures, management, and operating practices.
At a glance in 2019, Beach Safety performed 2,309 rescues, issued 746 citations and responded to 3,165 jellyfish stings.
A 27-year-old Ocala man’s body was found on Sunday, Oct. 25, after he went missing while swimming in the beach near 1024 N. A1A in Daytona Beach, Volusia County Beach Safety reported.
Elijah Rashad Thomas was swimming with family members in an unguarded area of the beach when he was caught in a rip current and was rendered unable to return to shore.
His body was found approximately nine miles north of where he was last scene. Beach Safety expects his death to be ruled a drowning, but awaits an autopsy.
Due to a lack of applications, the Nov. 12 Planning Board meeting has been canceled.
