- April 26, 2024
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Rejecting the proposed Tymber Creek Apartments would be too big of a gamble, Ormond Beach City Commissioners said at their meeting on Tuesday, June 6, as they approved a rezoning and development order for the development on second reading with a 4-1 vote.
Commissioner Travis Sargent voted against.
The Tymber Creek Apartments development — to consist of 270 units on the 19-acre property at 36 N. Tymber Creek Road, behind the existing Walgreens on West Granada Boulevard — was the first to come before the commission after the governor signed Senate Bill 102, also known as the Live Local Act.
The law is intended to address the shortage of affordable housing by allowing developers to build multifamily or mixed-used residential buildings on land zoned commercial, industrial or mixed-use, and to do so at the highest allowed density without going through the commission’s review process for approval — as long as at least 40% of units are slated for affordable housing.
The law goes into effect on July 1.
“It was a very good intended bill that’s had some very unfortunate consequences,” Commissioner Lori Tolland said. “It did not take into consideration the effects of increased density on infrastructure, roads, traffic congestion, hospital, and obviously, taking away our home rule is not something I would prescribe to us either.”
Some citizens have criticized the commission’s approval of the development on May 16, noting that the Live Local Act has yet to be enacted and has not yet been tested in court.
If the commission had denied the development, the developer, VCP Ormond Beach II, LLC, could have built up to 525 units on the property based on the Live Local Act, according to city staff.
The developer has repeatedly met with residents of nearby Moss Point and Indian Springs and has made concessions such as decreasing the number of units from 300 to 270 while increasing setbacks and buffers. Tolland said she couldn’t personally take the risk and deny the project to see if the developer will actually build a development under the Live Local Act.
Commissioner Harold Briley agreed.
“I don’t know if it’s worth taking that gamble,” he said. “I’m not sure you want to be the first, as far as a city, to challenge a new law that comes in, because I don’t know where that will actually get you.”
Sargent, who voted no, said he continued to have concerns about overcrowded hospitals, schools and traffic.
“I do appreciate that the applicant worked great with Moss Point and Indian Springs on resolving issues,” Sargent said. “However, we have multiple other neighborhoods in the vicinity that I didn’t hear that were brought to the table, such as Breakaway Trails, Tymber Creek. There’s thousands of homes that are going to be affected by this.”
Mayor Bill Partington said this project has been one of the most challenging projects to come before the commission in the last 20 years.
“The city is too important to me to gamble with possibilities, knowing that there is a quality project that’s been heavily negotiated between the developer and the directly-abutting communities,” Partington said. “That’s about the best result we can hope for in this situation.”
Volusia County Government has launched ReGrow the Loop, a one-year pilot program to restore and enhance the natural beauty of the 30-mile Ormond Scenic Loop and Trail.
The county has partnered with the UF/IFAS Extension Volusia County and other local organizations to eradicate invasive plant species, increase native vegetation, attract more wildlife and pollinators and share information about sustainable practices to protect the county’s natural beauty. Ormond Beach resident Alan Burton donated $1,000 to support the project.
“We have an opportunity to get our hands dirty, plant a tree and nurture our environment not only for ourselves, but also for future generations,” Burton said.
Residents can get involved by signing a pledge, attending a workshop, and organizing or participating in a Loop volunteer event. Each will receive a native three-gallon tree at one of the giveaway events this fall or summer 2024. The first in a series of free, monthly educational activities will be offered from 3 to 4 p.m. Saturday, June 24, at the Ormond Beach Regional Library, 30 S. Beach St. Register at https://tinyurl.com/32yj2jjy.
The city of Ormond Beach, in partnership with the East Central Florida Regional Planning Council, will host a “Vulnerability Analysis Community Workshop” on Wednesday, June 28, from 5:30-7:30 p.m. at City Hall, in the Ormond Beach City Commission Conference Room 103.
The workshop is made possible as part of a Resilient Florida grant received this fiscal year, according to a city notice. The workshop will include an overview of the grant program, a summary of model results, review best practices and policy considerations for resiliency and give residents a chance to provide input.
To participate via Zoom, visit bit.ly/3quDIfI.
The commission approved a request to execute a grant agreement with the Florida Department of Environmental Protection for $532,000 for the design and construction of a sewer system to convert 76 Ormond Beach homes on Magnolia and Oak avenues, and Bonita Place.
