- July 10, 2025
The developers of Tomoka Reserve, the proposed subdivision on the former Tomoka Oaks golf course, have received a permit from the city of Ormond Beach.
Not to build, but to put up a 6-foot fence around the perimeter of their property. The fence, according to city documents, will span about 17,000 square feet and cost Triumph Oaks of Ormond Beach I LLC, about $300,000.
It's a move that some residents say is happening out of "spite," as the developers' rezoning request to be able to construct 300 homes on the golf course was denied last year, and the issue continues to be tied in two lawsuits with the city, one of which is at the federal level.
"It just seems absolutely unnecessary from so many different points of view," Tomoka Oaks citizen Tom Fitzgibbon said. "It's 17,000 feet of 6-foot-high chain link fence, and it just seems like, 'Why bother other than just to irritate everyone involved?'"
The city granted a permit for the construction of a fence on May 13. Via email, attorney Karl Sanders, who represents the developers, said the fence will be erected for safety.
"The city has, in fact, issued a permit to my client for constructing a fence around the perimeter of their property," Sanders said. "This will help secure and protect it from those who may be under the mistaken impression that they are welcome to trespass upon private property, as well as to mitigate the liability exposure associated with such actions.”
The fence didn't need to go before the City Commission for approval, as the permit is an administrative review. There is also no public input process for these kinds of permits.
Per city standards, the fence will need to be placed at least 6 feet, but no more than 50 feet, away from the property line. It can't be any taller than 6 feet and must be either a green or black vinyl coated chainlink fence.
The developers — Carl Velie, Ray Barshay, Sheldon Rubin — purchased the 147-acre property in April 2021. Since then, the former clubhouse building has been demolished, leaving only vacant land and trees.
This property hasn't ever had a fence, said Fitzgibbon, who serves on the community's homeowner's association and lives on a home bordering the golf course. Everything's been fine without one.
"And just because Mr. Rubin cannot put in his 300 houses, he's putting up a spite fence, just to make everybody uncomfortable and show them who's boss," Fitzgibbon said.
Because both lawsuits over the development are still early in the litigation process, Tomoka Oaks resident and former real estate law attorney Jim Rose said he was surprised to see the developers were getting a permit for a fence.
"Obviously, people are upset about it because it would spoil the view of folks there," Rose said. "But, we know that the developer has the right to do it. We're just more puzzled on why you would do it."
Generally, fences are erected for security during construction, Rose said, though he said the developers have experienced some homeowners encroaching upon their land with benches and other outdoor furniture and decorations.
"It seems a bit spiteful to us, frankly," Rose said. "Until you know you're actually going to build something, why are you going to build a construction fence?"
Fitzgibbon, who worries about the negative impacts a fence may have on local wildlife, said that instead of building a fence, he'd encourage the developers to continue trying to envision a development that will work for all parties involved — the developers, the city and the existing homeowners of Tomoka Oaks.
"I don't think it's going to accomplish much, other than making people more angry," he said about the fence. "... One thing we always suggested to the developer is to build fewer houses, but more expensive houses, and I think that might be a good solution for everybody."