Port Orange City Council Regular Meeting — May 6, 2025

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The City has contracted for landscape maintenance services in the public rights-of-way for several years under two contracts - Major Thoroughfares and Secondary Roads. The current contract for major thoroughfares (Dunlawton Ave, Ridgewood Ave and Nova Rd) is with Brightview Landscape Services. The subject contract for this item is for the Right of Way maintenance on secondary roads such as Williamson Blvd., Town West Blvd., Summer Trees Road, and others. The most recent contract for these roads was awarded to Yellowstone in October 2019 and expired in March 2025. A new Invitation to Bid was posted in February, and final bids were received in March. Purchasing received bids from five contractors, as detailed below: Brightview Landscape Services: $291,388.60 Yellowstone Landscape Services: $363,791.00 Barton & Barton, Inc.: $384,970.08 Rotolo Consultants, Inc: $403,256.03 Verdego, LLC: $356,364.42 (deemed non-responsive) Staff recommends the Standard Contract for Services be awarded to Brightview Landscape Services as the lowest and most responsive bidder. Services included in this contract will be paid from the annually appropriated budget in the General Fund, Public Works, Ground Maintenance Services. | attachments=9 | reports=1

Hall & Ogle Architects, Inc. has provided a quote for design services for White Place Park under their current continuing services contract. The design work will be for Bond Project 2 - White Place Park. Design is expected to take 9–12 months. The scope will include all necessary engineering including civil, landscape, structural, mechanical, plumbing, and electrical. Allowances have been included for site survey and geo-technical services as required. The costs for these services are not to exceed $121,000. The scope of work will include a community meeting to get input from the neighborhood and other stakeholders. Park elements may include a pond with a walkway, parking, improvements to pickleball courts, a playground, pavilions, or other items. | attachments=5 | reports=1

Building #4 at the Water Production Facility located at 4400 Wellfield Road needs replacement. The roof is an old tar & gravel setup and has reached the end of its life. This roof will be replaced by a single-ply roof system. The new roof comes with a twenty (20) year No Dollar Limit (NDL) materials and labor guarantee by Johns Manville and a one (1) year materials and labor warranty by Advanced Roofing. Pricing is in accordance with the Standard Contract for Services with Advanced Roofing. There is an additional cost of $5.00 per linear foot for any missing or deteriorated wood replacement. This project was previously funded in the budget. | attachments=7 | reports=1

Staff is requesting approval of Change Order No. 1 to the EJCDC Agreement with General Underground, Inc. for the Ridgewood Avenue and North Commonwealth Boulevard Water Main Replacement Project to add 90 days to the Substantial Completion date, adjusting the Substantial Completion date from August 22, 2025, to November 20, 2025. The Contractor has requested a 90-day extension to the contract, citing prolonged material lead times. Specifically, delays in the delivery of small brass fittings needed for connecting existing customers to the new system have occurred multiple times. The inability to secure these fittings has hindered the Contractor's progress in integrating customers into the new water system. Except for the delay with the small brass fittings, all other aspects of the project are progressing as planned. Change Order No.1 entails no additional costs. | attachments=6 | reports=1

Staff is requesting approval of Change Order No. 1 to Task Authorization No. 9 under the Master Contract for Professional Engineering Services (CA7761) as it relates to Ridgewood Avenue and North Commonwealth Boulevard Water Main Replacement Project to add 108 days to the Final Completion date, adjusting it from August 14, 2025, to November 30, 2025. Change Order No. 1 to Task Authorization No. 9 is needed to accommodate the additional time being requested by the contractor due to prolonged material lead times. The Contractor's Change Order for additional time is also on this agenda. The additional 108 days to the Final Completion date will add sufficient time to complete the construction administration phase services for this project and finalize close-out documentation. There is no additional cost associated with this time extension request. | attachments=7 | reports=1

This resolution confirms the City's support of the Volusia County Multi-Jurisdictional Local Mitigation Strategy (LMS) plan. The previous version of the LMS, prior to this version, was updated and adopted in 2020. The LMS is a document prepared by Volusia County that establishes a community vision and guiding principles for reducing environmental hazard risks and vulnerabilities. Port Orange has been an active participant in Volusia Prepares, the Local Mitigation Strategy working group, which has established a comprehensive, coordinated planning process involving the county and its municipalities, as well as other public and private sector organizations, to reduce our vulnerability to natural or man-caused disasters and disruption of the local economy and overall quality of life of individuals who live, work, and vacation in the community. In 2020, the Volusia County Multi-Jurisdictional Floodplain Management Plan was incorporated into the LMS. The City’s participation in the LMS allows the City to be eligible for FEMA grant funding and additional credit toward the City’s Community Rating System (CRS). The Community Rating System/National Flood Insurance Program grades communities and reduces their flood insurance premiums, providing certain requirements are made, such as having a Local Mitigation Strategy and Floodplain Management Plan. The 2025 Volusia County Local Mitigation Strategy is attached for review. | attachments=17 | reports=1

The project associated with this Florida Department of Transportation (FDOT) Agreement is the construction of the Port Orange segment of the State's St. John's River to Sea (SJR2C) Loop Shared-Use Nonmotorized (SUN) Trail (FDOT #439865). The SJR2C Loop is a 260-mile regional trail system that runs through five Florida counties (Putnam, St. Johns, Volusia, Brevard, and Flagler) and includes the entire Palatka-to-St. Augustine State Trail and is part of the 3,000-mile East Coast Greenway. Similar SJR2C Loop Trail segments are programmed for construction in Edgewater, New Smyrna Beach, and South Daytona. On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the proposed budget to include funds for constructing this project. When the Port Orange segment of the SJR2C Loop Trail (Port Orange Project #CD221) is completed, maintenance of these improvements will be the City's responsibility. The segment of the SJR2C Loop Trail in Port Orange between New Smyrna Beach and South Daytona is located along McDonald Road, Spruce Creek Road, Nova Road, and Ridgewood Avenue and consists of existing trail segments along McDonald Road between South Daytona and Herbert Street and Spruce Creek Road and Nova Road, south of Dunlawton Avenue to Ridgewood Avenue. As part of this project, trail segments to fill gaps along the trail route will be constructed along Spruce Creek Road, north of Dunlawton Avenue, to Herbert Steet, as part of this project, along with midblock crossings on Spruce Creek Road, north of Selin Court. The following improvements or trail segments will be constructed as part of this project to complete the SJR2C Loop SUN Trail through Port Orange, between South Daytona and New Smyrna Beach: Two midblock crossings at the intersection of Spruce Creek Road and Selin Circle and the intersection of Spruce Creek Road and Oak Street will be constructed, and Rectangular Rapid Flashing Beacon (RRFB) signals, lighting, and roadway markings will be installed. At the intersection of Spruce Creek Road and Dunlawton Avenue, the concrete crosswalk landing on the north side will be improved, and a new pedestrian pole with an LED pedestrian countdown display to cross Dunlawton Avenue will be installed. Construct 986 linear feet of 12-foot-wide heavy-duty asphalt trail along the east side of Spruce Creek Road between Dunlawton Avenue and Canal View Boulevard, along with drainage improvements and a stormwater inline check valve at the Halifax Canal. Construct 715 linear feet of 8-foot-wide elevated timber boardwalk from Canal View Boulevard through a vacant City-owned parcel to about 120 feet south of Herbert Street. Construct 120 linear feet of 8-foot-wide concrete sidewalk from the end of the boardwalk to Herbert Street and install a crosswalk at the intersection of Herbert Street at 6th Street, along with a Rectangular Rapid Flashing Beacon (RRFB) signal and lighting. The Volusia-Flagler TPO and FDOT will fund 100% of the eligible construction costs in an amount not to exceed $3,039,750.00. The City's contribution toward construction is $26,030.00 to cover non-eligible items identified during the design of the project. These items are: $3,290.00 for the upgraded portion of heavy-duty asphalt for the portion of the trail being constructed where City, County & FPL trucks routinely traverse to complete maintenance tasks $22,740.00 for installing an inline check valve where City stormwater piping intersects with the Halifax Canal. Funds are budgeted and available for this project. Approval of this Resolution and Agreement will allow the project to go out to bid and start construction in the Fall of 2025. Construction is anticipated to begin in the fall of 2025 and be completed within 260 days after the Notice to Proceed is issued. | attachments=2 | reports=1

The project associated with this Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement is the Port Orange segment of the State's St. John's River to Sea (SJR2C) Loop Shared-Use Nonmotorized (SUN) Trail (FDOT #439865). The SJR2C Loop is a 260-mile regional trail system that runs through five Florida counties (Putnam, St. Johns, Volusia, Brevard, and Flagler) and includes the entire Palatka-to-St. Augustine State Trail and is part of the 3,000-mile East Coast Greenway. Similar SJR2C Loop Trail segments are programmed for construction in Edgewater, New Smyrna Beach, and South Daytona. On September 18, 2024, as part of the FY 25-29 Capital Improvements Program (CIP), the City approved the proposed budget to include funds for constructing this project. When the Port Orange segment of the SJR2C Loop Trail (Port Orange Project #CD221) is completed, maintenance of these improvements will be the City's responsibility. The segment of the SJR2C Loop Trail in Port Orange between New Smyrna Beach and South Daytona is located along McDonald Road, Spruce Creek Road, Nova Road, and Ridgewood Avenue and consists of existing trail segments along McDonald Road between South Daytona and Herbert Street and Spruce Creek Road and Nova Road, south of Dunlawton Avenue to Ridgewood Avenue. As part of this project, trail segments to fill gaps along the trail route will be constructed along Spruce Creek Road, north of Dunlawton Avenue, to Herbert Street, along with midblock crossings on Spruce Creek Road, north of Selin Court. For more details on the improvements to be constructed as part of the Multi-Use Trail Project, refer to Item B8 on the May 6, 2025, City Council Agenda. Approval of this Resolution and Agreement commits the City to maintain the entire Multi-Use Trail located within the City of Port Orange, as depicted in the Construction Plans and Specifications, for the useful life of the Multi-Use Trail according to FDOT standards, which include, but are not limited to the Americans with Disabilities Act, FDOT Design Standards, and the FDOT Standard Specifications. The City’s maintenance responsibilities include, but are not limited to: Vegetation management Removal of graffiti Repair and maintenance of slopes/erosion, boardwalk, sidewalk segments, gravity walls, railings, guardrails, signing, pavement markings, pedestrian/bicycle signals, lighting, and all other features of the Multi-Use Trail Project. Ensuring all trail surfaces remain free from residue accumulation, algae, vegetation, and other slip or trip hazards. Construction of the Multi-Use Trail Project is anticipated to begin in the fall of 2025 and be completed within 260 days after the Notice to Proceed is issued. Once construction is complete and the project has been formally accepted by the FDOT, the City of Port Orange will assume full responsibility for the ongoing maintenance of the trail. | attachments=2 | reports=1

On March 20, the Fire Pension Board re-appointed Chris Taylor to continue serving as their fifth member. The board requests that Council confirms, as a ministerial duty, Chris Taylor as the fifth member to the Fire Pension Board. His term will expire 12/31/2029. | reports=1

Planning Commission Action (2/27/25): Recommended Approval (7-0) The property owners are requesting to change the Future Land Use (FLU) map designation for ±1.2 acres at 4009 Halifax Drive (Aunt Catfish's on the River Restaurant) and 4084 Halifax Drive (former Maloney Funeral Home) from Commercial to Mixed-Use Center . The proposed FLU amendment is being processed concurrently with the restatement of the Master Development Agreement (MDA) for the Catfish Commons Planned Commercial Development (PCD) to add 4084 Halifax Drive into the PCD and establish the framework to redevelop 4009 and 4084 Halifax Drive. The two subject properties are shown in pink, and the current boundary of the Catfish Commons PCD is shown in blue. If the FLU Amendment and restatement of the MDA for the Catfish Commons PCD are approved, the property owners plan to redevelop the property at 4084 Halifax Drive as a mixed-use building with commercial uses on the first floor and up to eight residential units above, a 12-slip marina, and allow the addition of two residential units above the existing Aunt Catfish's on the River restaurant at 4009 Halifax Drive. Location Map of 4009 Halifax Drive and 4084 Halifax Drive The current Commercial FLU designation on the subject properties does not allow a mixture of non-residential and residential uses. Therefore, the property owners are requesting to change the FLU designation for the subject properties to Mixed-Use Center to allow the inclusion of residential units within the PCD while maintaining commercial uses on the subject properties. The Mixed-Use Center designation is an alternative to single-use categories, such as residential or commercial, and allows a variety of land uses, which may include a combination or mixture of commercial, office, service, residential, and institutional development, and is focused around a point of high activity, such as an intersection of collector or higher-classified roads. The proposed Mixed-Use Center FLU designation is compatible with the adjacent properties and supports the City's redevelopment goals for the Port Orange Town Center Community Redevelopment Area (CRA) and Ridgewood Corridor Plan. The proposed FLU amendment results in a net increase in the number of residential units and non-residential square footage. Based on the theoretical maximum analysis, all public facilities have adequate capacity to accommodate the proposed amendment. There is existing infrastructure, such as water, sewer, and roads, to support the redevelopment of these properties. As with all development, the specific site development proposal for the subject properties will be subject to concurrency regulations at the time of development, requiring adequate public facilities to be provided or to mitigate their impacts. If approved, the proposed Mixed-Use Center FLU designation will serve as an alternative to the existing single-use, commercial category and promote the redevelopment of properties that have access to existing infrastructure such as water, sewer, and roads. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (2/27/25): Recommended Approval (7-0) The property owners are requesting to rezone ±0.58 acres from Community Commercial (CC) to Planned Commercial Development (PCD) and add the ±0.58 acres into the existing Catfish Commons Planned Commercial Development (PCD), along with approval of the Second Restatement of the Catfish Commons PCD Master Development Agreement (MDA) and Conceptual Development Plan (CDP). The current PCD area is ±3.4 acres. If approved, the overall area of the PCD would expand to ±4.0 acres, and the Second Restatement of the MDA would provide the framework for development within the 4-acre PCD. The proposed Second Restatement to the Catfish Commons MDA and CDP would establish the following: Maintain the existing development requirements for 4106 and 4108 Halifax Drive and 4075, 4085, and 4147 Ridgewood Avenue. These properties are already within the PCD, and the proposed restatement does not change any of the requirements or allowed uses for these properties. Add 4084 Halifax Drive (former Maloney Funeral Home site) into the PCD and provide the framework to redevelop the property with a mixed-use building with commercial uses on the first floor and up to eight (8) residential units above and a 12-slip marina with on-street parking along Halifax Drive; and Maintain the existing development parameters for 4009 Halifax Drive (Aunt Catfish’s restaurant) and allow up to two (2) residential units to be developed above the restaurant. Location Map of the Catfish Commons PCD and Property Proposed to be Added to the PCD The property proposed to be added to the PCD area currently has commercial zoning. Rezoning the property to PCD and approving the Second Restatement to the MDA and CDP will provide the applicants with the ability to continue to develop cohesive mixed-use development that includes both residential and commercial uses while utilizing existing infrastructure on the developed properties including buildings, parking, driveways, and utilities and provides opportunities for new development within the PCD. According to the property owners, expanding the PCD and restating the MDA and CDP is an indication of their commitment to continue to maintain and improve their property within the Port Orange Town Center CRA. Proposed Conceptual Development Plan (CDP) for the 2 nd Restatement of the Catfish Commons PCD There are three (3) policy issues associated with the proposed Restated MDA and CDP that are further discussed in the staff report: 1. Allow reduced side and rear building setbacks for 4084 Halifax Drive . The applicants are requesting a 4’ side building setback and 0’ rear building setback. According to the applicants, the requested setbacks would apply if the existing building can be repurposed and would make it a conforming structure. If the existing building cannot be repurposed, and a new building is built, a 5' side setback would be required for a new building to allow for flexible building placement on this small infill property. The rear property line for 4084 Halifax Drive is an internal lot line within the PCD and does not abut a property outside the PCD. 2. Allow on-street parking spaces along the east and west sides of the Halifax Drive right-of-way at 4084 Halifax Drive . The Land Development Code (LDC) does not permit parking spaces to back directly onto a right-of-way. Therefore, allowing parking spaces along Halifax Drive is a policy issue. The property owners are proposing on-street parking to serve the future marina at 4084 Halifax Drive and limited parking for the proposed mixed-use development at 4084 Halifax Drive. According to the applicants, the five (5) parking spaces along the west side of Halifax Drive have existed for over 50 years and the request is to keep the ability to have on-street parking to be used by visitors or residents of the mixed-use development. The proposed new six (6) parking spaces along the east side of Halifax Drive are intended to serve the 12-slip marina at 4084 Halifax Drive and are not anticipated to be high-turnover spaces where vehicles are continuously accessing and exiting, but rather, vehicles parking for an extended period of time. Halifax Drive is a local, two-lane road with a posted speed limit of 25 MPH. The proposed parking spaces on both the east and west sides of Halifax Drive will be angled and accessed from the adjacent travel lane to provide drivers with better visibility when exiting the parking space, allowing them to see oncoming traffic and pedestrians more easily. In 2022, as part of the First Restatement to the Catfish Commons MDA and CDP, on-street parking spaces along the east side of the Halifax Drive right-of-way were approved for a 12-slip marina at 4108 Halifax Drive (adjacent property). 3. Waive the 10-foot landscape buffer requirement along Halifax Drive and allow a varied width landscape buffer along the north side of 4084 Halifax Drive . The LDC requires a 10' landscape buffer along Halifax Drive and a 5’ landscape buffer along the north property line. The applicants are requesting to waive the 10’ landscape buffer along Halifax Drive to allow the on-street parking requested in Policy Issue #2 and the development of an entertainment area for commercial uses in the mixed-use building that may include a covered deck, a game yard, and a mobile food truck. The applicants also request a varied-width buffer along the north property line ranging from 4 feet to 5 feet wide to maintain existing site improvements. The applicants are proposing to provide the required number of landscape plantings for a 5-foot landscape buffer within the proposed buffer area and foundation plantings along the front facade of the building. There are no changes to the previously approved language in the MDA that allow for the waiver of all city development review application submittal, site inspection, building permit, building inspection, and fees for future Comprehensive Plan Amendments, MDA Amendments, and all development-related applications within Catfish Commons PCD, excluding impact fees, water and sewer development fees, and stormwater special assessment fees for 5 years from the recording date for the latest MDA. Restating the MDA will extend the fee waiver until 2030 for development applications and building permits in the PCD. A Future Land Use (FLU) Amendment (Case No. CPAM-24-0003) is being processed concurrently with the rezoning application to change the FLU designation at 4009 and 4084 Halifax Drive from Commercial to Mixed-Use Center to allow for the proposed development of these properties as described in the Second Restatement to the Catfish Commons MDA and CDP. The PCD is compatible with the FLU designation for the properties in the PCD. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (3/27/2025): Recommended Approval 5-0 This request is to rezone an existing commercial property located at the southwest corner of Isabelle Avenue and Regency Boulevard from Planned Community Development (PCD) to Professional Office (PO). The current Master Development Agreement (MDA) for the PCD was approved by the City in 1995 and restricts the uses of the property to office, wholesalers/distributors, construction contractor’s office/storage, and light manual assembly/minor repair. Although the current PCD limits the use of the property, the subject property has been designated Commercial on the Future Land Use Map since 1985 and was zoned C-1 (Shopping Center Commercial District) before it was rezoned to PCD in 1995. Map showing the location of 5656 Isabelle Avenue The rezoning request is a shift from the negotiated PCD zoning district to a conventional limited commercial/office zoning district that uses the LDC to provide specific development regulations and allowed uses. Rezoning the subject property to PO will assist with filling vacant tenant spaces within the existing commercial multi-tenant buildings on site and the possible redevelopment of the subject site in the future. If the zoning remains PCD, ongoing amendments to the MDA would likely be necessary to attract new tenants and could delay future redevelopment opportunities on the property. The list of allowed uses in the PO zoning district and the development requirements in the LDC is a more efficient process to attract new tenants or redevelop the site. In addition, the list of permitted uses in the PO zoning district is more current and flexible than the currently allowed uses in the MDA that were established in the late 1990s. The PO zoning district is intended to provide areas for business, government, industry, medical, professional, service offices, and limited personal services. The PO zoning district generally allows the same uses allowed by the current MDA, along with uses such as fleet-based services (pest control, lawn care, etc.) and personal services (beauty/barber shop, tanning salon, etc.), which are not allowed by the current MDA but are compatible with the surrounding area. The PO zoning district was selected because it allows less intense non-residential uses and will be a transition between the Community Commercial zoned properties along Nova Road and the mobile home park across the street. The PCD zoning district is intended to provide a flexible approach for unique and innovative land development proposals that would otherwise not be permitted by this code. Because the property owner intends to allow tenants to occupy the buildings on-site in compliance with the allowed uses list for the PO zoning district and does not anticipate deviating from the site and maintenance requirements in the LDC, the use of a standard zoning district is more efficient than maintaining the property as a PCD. If the subject commercial property is rezoned to the PO zoning category, the City’s LDC will provide the permitted uses and site development requirements for the subject property. As part of any future redevelopment, a site plan and/or building permits will need to be submitted and will require a detailed technical review by the Staff Development Review Committee (SDRC) to verify all LDC and Florida Building Code requirements are met, such as landscape buffers, parking, building setbacks, tree preservation, and infrastructure, to ensure compatibility with adjoining properties, and that adequate public facilities and services are available. The proposed PO zoning district is appropriate for this location, consistent with the Commercial FLU designation for the subject property and is compatible with the surrounding properties. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (3/27/2025): Recommend Approval 5-0 This request is to rezone two existing commercial properties (Lot 1 and Lot 2) located at the northeast corner of Clyde Morris Boulevard and Herbert Street from Planned Commercial Development (PCD) to Community Commercial (CC). Lot 3 of the PCD is not part of the rezoning request and will remain in the PCD. The current Master Development Agreement (MDA) for the PCD was approved by the City in 1999 and does not include several commercial uses typically found on other properties with a conventional city commercial zoning designation (e.g., office (allowed on Lot 1), health/exercise clubs, restaurants with a drive-thru, fleet-based services, craft food and beverage producer, microbrewery, retail (allowed on Lot 1), and personal services (hair salons, barber shops, nail salons, retail dry cleaning, etc.) as allowed uses on Lots 1 and 2 and has specific architectural requirements for Lot 2 that may limit redevelopment. The subject property has had a Commercial or Office Future Land Use (FLU) designation on the City’s Future Land Use Map since 1985 and has been zoned Planned Commercial Development (PCD) since 1990. Map of the Ritter PCD and Lots 1 and 2 Located at 4619 and 4629 Clyde Morris Boulevard In 1999, the City approved the Master Development Agreement (MDA) for the Ritter PCD that established a three-lot commercial development, specific architectural requirements for Lot 2, and a limited list of commercial uses for Lots 1-3. At the time the Ritter’s Frozen Custard restaurant (Lot 2) was built in 1999, the design of the building and outdoor seating area was considered unique, and very specific architectural requirements were listed in the MDA for the PCD, such as the use of specified colors and materials (i.e. split-face block), roof color must be “International Blue” or lighter blue color, all tables and chairs must be concrete and natural grey color, and only exterior blue and white striped umbrellas could be placed on site. Rezoning the subject properties to CC is anticipated to assist in the redevelopment of the subject properties. The CC zoning district permits typical community-scale commercial uses commonly found at shopping centers. The list of permitted uses in the CC zoning district and the development requirements in the LDC is a more efficient process to redevelop the site or fill existing tenant spaces in the current building on the site. If the subject commercial properties are rezoned to the CC zoning category, the City’s LDC will provide the permitted uses and site development requirements for the subject properties (Lot 1 and Lot 2). The proposed CC zoning district is appropriate for this location, consistent with the current Commercial FLU designation for the subject property and is compatible with the surrounding properties. The Staff Report is attached for more information. | attachments=3 | reports=1

The applicant, Storch Law Firm, on behalf of property owners Craig D Baumann - Life Estate, Joyce E Tumblin Trust, and Stetson University Inc., is requesting to voluntarily annex approximately 56.5 acres of property, currently located in unincorporated Volusia County, into the City of Port Orange. The subject property is located west of Airport Road, north of Charles Street. If the City approves the annexation request, the applicant intends to submit development applications to change the Future Land Use (FLU) designations for the subject property from Volusia County Agriculture Resource and Urban Low Intensity to City of Port Orange Rural Transition (0-2 units/acre) and rezone the subject property as a Planned Unit Development (PUD) to establish the framework to develop a subdivision with up to 113-unit detached single-family homes. According to the applicant, the proposed PUD will establish the development framework to construct a 113-unit detached single-family home subdivision with a design layout and density (2 units/acre) similar to the Waters Edge subdivision. Location map of proposed annexation area Pursuant to section 171.062(2), Florida Statutes, once a property has been annexed, the Future Land Use and Zoning for the subject property is to be changed from the Volusia County designations to City designations. The current Volusia County FLU designations on the subject property are approximately 52.96 acres of Volusia County Agriculture Resource (1 unit/10 acres) and 3.57 acres of Volusia County Urban Low Intensity (0-4 units/acre). The current Volusia County zoning designations are approximately 52.96 acres A-1 and 3.57 acres A-2. Based on the current Volusia County FLU designations, the subject property would be permitted approximately 19 units. If the annexation is approved, the applicant will submit development applications for the subject property to change the FLU designation to City of Port Orange Rural Transition (0-2 units/acre) and the zoning designation to Planned Unit Development (Single Family Residential PUD). Florida Law requires unincorporated parcels to meet three (3) locational criteria before a municipality may annex them. Pursuant to section 171.043(1) Florida Statutes, this report certifies that the area to be annexed is: 1) contiguous to the City of Port Orange boundaries; 2) reasonably compact (does not contribute to urban sprawl); and 3) not currently part of the incorporated area of another municipality. However, the approval of a voluntary annexation is a legislative decision, and the action by the City Council can be based on any legitimate public concern regarding how the annexation could affect the city or the surrounding area. It is not a quasi-judicial decision that must be based on competent, substantial evidence. City departments, including Police, Fire and Rescue, Public Utilities, Finance, Public Works, Parks and Recreation, Engineering, and Community Development, have reviewed the annexation request. Based upon the responses received and an impact analysis, there is adequate capacity (potable water, sewer, solid waste, transportation, and open space) or services to accommodate the proposed annexation of the ±56.5-acres along with the proposed 113-lot detached single-family home subdivision, and the proposed annexation meets the locational criteria in Florida Statutes. If the annexation is approved, any development on the 56.5 acres will be required to address traffic concurrency by constructing roadway improvements and/or transportation fair-share payments to either the city and/or Volusia County and provide stormwater retention on the property in accordance with the LDC and State and regional permitting agencies prior to approval of a development application. The Staff Report is attached for more information. | attachments=3 | reports=1

Council discussed capital financing items on November 19, 2024 and April 1, 2025. As a follow-up to those discussions, this Ordinance authorizes the issuance of Capital Improvement and Refunding Revenue Bonds not to exceed $36 million. Approximately $22 million is expected to be new loan proceeds to fund the design and construction of the Public Utilities Field Operations Facility on City-owned property adjacent to the Police Department. The remaining $14 million will refund a portion of the outstanding series 2014 Capital Improvement Bonds and the 2005 Stormwater Bonds. This refunding will save $1.5 million and has a net present value savings of $667,000, or 4.91%. Closing is scheduled for June 24, 2025. | attachments=1 | reports=1

Port Orange voters approved a $30 million Parks & Recreation General Obligation (GO) Bond issue in August 2024. As discussed at the November 19, 2024 and April 1, 2025 Council meetings, General Obligation Bonds are secured by ad valorem taxes and this issuance will fund the Capital Improvement Plan for the Parks & Recreation Department. The Fiscal Year 2025 budget includes funding for capital expenditures from the Parks Bond Capital Projects Fund related to this General Obligation Bond including acquisitions and park improvements prior to the issuance of the debt. Resolution No. 24-36, approved by Council on September 17, 2024, allows the City to reimburse itself for such expenditures with proceeds of bonds, notes, or a lease purchase agreement. The closing date for the GO Bond is tentatively scheduled for June 2, 2025, but is subject to change depending on market conditions in late May. | attachments=2 | reports=1

In 2018, the City Council adopted Ordinance No. 2018-13, to implement amendments to Florida Statutes, including the Florida Advanced Wireless Infrastructure Deployment Act (“Small Cell Statute”). Ordinance No. 2018-13, created the Port Orange Communications in Rights-of-Way Ordinance, which regulates the processing of applications and installation of communications facilities in the City’s public Rights-of-Way. The ordinance was updated in 2021 to be consistent with 2019 amendments to Florida Statues. The City has proactively solicited industry comments on this ordinance in an effort to continually improve its permitting process. Chapter 58, Article IV of the Code of Ordinances spells out the registration and permitting process for communications facilities located in City rights-of-way in order to minimize disruption to the rights-of-way and protect the City’s infrastructure located therein. Based on the comments received from the communications providers and the experience of permitting the installation and repair of communications facilities in the city's rights-of-way since the ordinance was adopted in 2018, staff has determined that some of the requirements in the ordinance are not practical or necessary to properly install the communications facilities and protect public infrastructure. Staff is recommending changes to the ordinance to help streamline the permitting process by removing requirements such as photographic/videographic documentation of the work area prior to construction, dispensing with permitting requirements for certain routine maintenance tasks, removing various certifications of the engineering plan, and the requirement to provide as-builts upon completion. The proposed changes to the ordinance will not affect the city's ability to effectively minimize disruption to public rights-of-way and to protect public infrastructure from damage during the installation of communications facilities. The ordinance still includes the requirements of an engineering plan that shows the type of proposed facility, location of the proposed facility, and the dimensions, height, footprint, and concealment features or other pertinent engineering information requested by the city to insure the communications facilities are installed correctly and within rights-of-way. | attachments=3 | reports=1