- December 4, 2025
Faced with a citizen appeal, on Tuesday, Aug. 5, the Ormond Beach City Commission apologetically voted 4-1 to affirm a site plan approval for a new Circle K gas station on South Nova Road. Mayor Jason Leslie voted no.
Ormond Beach resident Amber Bobak filed the appeal on May 27, almost two weeks after the project's site plan for the former Bank of America property at 699 SS. Nova Road was OK'ed by the city's Site Plan Review Committee. Circle K had filed an application with the city for the project in October 2024, and as the property holds a B-8 Commercial zoning designation, where a convenience store with fueling stations is outlined as a conditional use, the project didn't need the City Commission's approval.
It only needed to be reviewed and approved by the SPRC based on whether or not it met the city's Comprehensive Plan and Land Development Code.
And with that in mind, as well as the passing of recent legislation preventing governments from enacting more "burdensome" development standards, commissioners said they felt their hands were tied.
"I certainly appreciate all of Ms. Bobak's efforts, her time, her tenacity, her persistence on this project, and it's something that I think I've made quite clear in the past — that I would never want to see this happen in our city again, having a gas station so close to residential," City Commissioner Harold Briley said.
Bobak first learned of the project when she received a notice for a neighborhood meeting, which took place in February. Concerned with having a gas station so close to her home — about 400 feet away — she has been opposing the project ever since, coming before the City Commission to ask for help and for a review of the city's zoning districts to prevent similar issues from occurring in other neighborhoods.
But with the passing of Senate Bill 180, which went into effect in July and prohibits local governments from implementing more restrictive land regulations and procedures, City Planning Director Steven Spraker said the city has been preempted from making changes at the present.
"You can't make a conditional use now into a special exception," Spraker said.
Bobak appealed the SPRC's approval based on public health and safety hazards, environmental risks and stormwater contamination, lighting requirements within the Florida Building Code, incompatibility with the city's Comprehensive Plan and lack of community support and procedural oversight, according to a city staff report.
However, the report stated that the appeal did not cite a Land Development Code regulation that was not met by the approved site plan.
At Tuesday's meeting, Bobak thanked the City Commission for hearing her concerns as well as city staff for helping to walk her through the process of the appeal. However, she disagreed with staff's determination, and said Circle K's representation, Rob Merrell of Cobb Cole, has tried to discredit her during the appeal because she is not a professional in a related development field.
"Being a citizen, a neighbor, a parent is qualification enough when stakes are this high," Bobak said. "... The current development system is not working to protect us in that neighborhood. The current system of permitting codes and oversight was to serve the public, but right now it's serving the developers first.
Bobak has also petitioned the project's St. Johns River Water Management District permit, with a hearing to take place in September.
If eventually constructed, the Circle K would become the third gas station at the intersection of Hand Avenue and Nova Road.
"If new neighborhoods are being protected, our old neighborhoods should be receiving the same respects," Bobak said.
Leslie told the Observer he voted no “to show the resident appreciation in her efforts in this whole process.”
Commissioner Travis Sargent said he knew it hadn't been an easy process for Bobak.
"I wish we could do something to prevent this from going in, in the future, but I think our hands, as staff mentioned, are tied," Sargent said. "And I do think that staff has done everything within the guidelines regarding this matter."
Commissioner Kristin Deaton said Bobak approached the issue properly.
"You approached us with respect and grace, and we appreciate that," Deaton said. "I would definitely say that I wish we were up here to vote for a gas station tonight. I wish I was able to vote no on a gas station for you."
CORRECTION: A previous version of this story reported the vote to affirm the site plan approval was unanimous. This was incorrect; the vote was 4-1, with Mayor Jason Leslie voting against.
