Port Orange City Council adopts multiple land‑use and safety measures, adjusts fund balance policy, and approves hazard mitigation actions

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Pegasus Engineering, LLC (Pegasus) currently has a contract with the City to assist with the preparation, submission, and post-award management of FEMA grants. Staff is requesting Pegasus’s services for post-award grant management of the Hurricane Idalia HMGP Grant (also on this agenda), which is for the acquisition and demolition of three flood-prone homes. Services provided under this Task Authorization include, but are not limited to: • Coordination with the City regarding compliance with the Federal procurement standards as professional services needed for the implementation of the project are secured, • Coordination with the City, homeowners, demolition contractor, closing agency, and others, • Prepare and submit Quarterly Reports and Reimbursement Requests to FDEM, • Coordinate with City staff regarding paid invoices, cancelled checks and supporting financial documentation. • Collect the Final Deliverables, perform a technical review of the documentation and prepare a final deliverables package for submittal to FDEM. Task Authorization No. 14 is contingent upon approval of the Hurricane Idalia HMGP Grant Agreement (No.H1201) between the Florida Division of Emergency Management (FDEM), who manages the HGMP grants, and the City of Port Orange for the acquisition and demolition of three flood-prone homes (also on this agenda). The task authorization, not to exceed $36,500, will cover the post-award grant management services by Pegasus. These services are eligible for 100% federal reimbursement through FEMA’s Sub-Recipient Management Cost allocation. | attachments=3 | reports=1

The Community Development Department is requesting City Council approval to award ITB #25-13 for the construction of the Port Orange segment of the St. John's River to Sea (SJR2C) Loop Shared-Use Nonmotorized (SUN) Trail (FDOT #439865) to Masci General Contractor, Inc., for the amount of $1,633,861.65. In addition, staff is requesting the City Council authorize an allowance for unforeseen conditions up to $80,000 (Contingency). The SJR2C Loop SUN Trail 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. According to the Volusia Flagler Transportation Planning Organization’s adopted 2025 List of Priority Projects, similar SJR2C Loop Trail segments are programmed in Edgewater, New Smyrna Beach, and South Daytona. The segment of the SJR2C Loop SUN 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 or sidewalk segments along McDonald Road between South Daytona and Herbert Street, Spruce Creek Road, and Nova Road, between Spruce Creek Road and Ridgewood Avenue (See Exhibit A). As part of this project, trail segments to fill gaps along the trail route will be constructed. 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 New Smyrna Beach and South Daytona: Two midblock crossings at the intersection of Spruce Creek Road and Selin Circle and the intersection of Spruce Creek Road and Oak Street, 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. +/- 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. +/- 715 linear feet of 8-foot-wide elevated timber boardwalk between Canal View Boulevard and Herbert Street, through a vacant City-owned parcel +/- 120 linear feet of 8-foot-wide concrete sidewalk between the end of the timber boardwalk and the intersection of Herbert Street and 6th Street and a crosswalk at the intersection of Herbert Street at 6th Street, along with a Rectangular Rapid Flashing Beacon (RRFB) signal and lighting. On September 18, 2024, as part of the FY 25 Capital Improvements Program (CIP), the City approved the funds for constructing this project. At their May 6, 2025 meeting, the City Council approved the execution of the FDOT Funding Agreement and the FDOT Maintenance Agreement that, upon completion, maintenance of the constructed improvements associated with this project will be the City's responsibility. According to the executed FDOT Funding Agreement, FDOT will fund 100% of the eligible construction costs and City will fund non-eligible items. The project was solicited for bid (ITB #25-13) to contractors pre-qualified by FDOT in the areas of sidewalk and flexible pavement work. On July 2, 2025, the Purchasing Manager received five (5) sealed bid responses; one (1) was deemed nonresponsive. Masci General Contractor, Inc. $1,633,861.65 Carr & Collier, Inc. $1,816,700.00 All State General Const., Inc. Non-Responsive GPS Civil Contractor, Inc. $1,968,827.00 Cathcart Construction Company $2,410,509.00 Staff has reviewed the bid responses and approved Masci General Contractor, Inc. as the lowest responsive, responsible bidder designated by FDOT as being qualified for the project. According to the executed FDOT Funding Agreement, FDOT will fund 100% of the eligible construction and construction and engineering inspection (CEI) costs and the City will be responsible to fund the non-eligible items. FDOT funding for this project is a total amount not to exceed $3,039,750.00. At their May 20, 2025, meeting, the City Council approved Kimley-Horn to perform the CEI services for a fee of $411,925.00. The non-eligible items identified during the design of the project that the city will fund include the following: $7,508.25 to upgrade the segment of asphalt trail between Dunlawton Avenue and Canal View Boulevard from standard asphalt to heavy-duty asphalt as City, County & FPL trucks routinely traverse this area to complete maintenance tasks. $27,635.54 to install an inline check valve where a city stormwater pipe intersects with the Halifax Canal. Construction is anticipated to begin in the Fall of 2025 and be completed within 270 days after the Notice to Proceed is issued. | attachments=13 | reports=1

On May 21, 2024, Council approved Task Authorization No. 4 under the Master Contract for Engineering Services CA7764 (RSFQ #21-03) for the City Center Ballfield Rehabilitation Project in the amount of $286,500. The Engineering Department is requesting approval of Change Order No. 1 to Task Authorization No. 4 in the amount of $24,750 for a revised amount of $311,250. Change Order No. 1 is necessary for additional services for electrical engineering associated with the ballfield lighting and for the design and permitting of a sanitary sewer line to serve the future restroom facility. The sanitary sewer line was originally planned to be installed as part of the upcoming Restroom & Concession project at the City Center Sports Complex, intended to serve Fields 4, 5, and the soccer fields. However, since the City Center Ballfield Rehabilitation project is scheduled to begin before the restroom project, Parks & Recreation and Engineering have coordinated to include the design and installation of the sewer line in the rehabilitation project instead. This will avoid the need to dig up newly completed work later to install the line with the restroom project. | attachments=6 | reports=1

Monitoring is required for compliance with the operational permits issued to the City of Port Orange (“City”) by the St. Johns River Water Management District (“District”). This includes the Consumptive Use Permit #8595-7 (CUP) and the District's Permit #86929-4. As a condition of the City's CUP and the District's permit, the City is required to monitor the wetlands and the reclaimed lakes in the Wellfield areas. The City has consistently been able to demonstrate to the District our outstanding stewardship and management of groundwater. This has resulted in the issuance of a 20-year CUP by the District. The scope of services requested in this Task Authorization provides for the requisite monitoring of both the wetlands and the reclaimed lakes, pursuant to the above-referenced permits. This Task Authorization is in conformance with the Master Contract for Engineering Services pursuant to RFSQ #21-03 for Public Works, Utilities, and Environmental Services. The term for this Task Authorization is for 365 days. | attachments=2 | reports=1

The current International Union of Police Associations (IUPA) Collective Bargaining Agreement (CBA) is a three-year agreement that expires on 09/30/2026. This agreement contains a requirement for a re-opener on wages, and allows for one additional mutually agreed opener. In April 2025, staff opened negotiations on Article 28 - “Wages”, and Article 29 - "Retirement". On July 18, 2025, the City received notification that IUPA members agreed to withdraw the proposal for retirement and they subsequently voted in favor of the negotiated Memorandum of Understanding (MOU) to the Collective Bargaining Agreement (CBA) that was tentatively agreed to by the City's bargaining team. Below is a summary of changes to the wages article: Article 28 - Wages Officers will be adjusted by a percentage between steps. For Steps 1-5, the distance between steps will be increased from 1.5% to 3.0%. For Steps 6-20, the distance between steps will be increased from 1.5% to 2.0%. For Sergeants, the start rate was increased to $35.00, and the distance between each step was increased to 2.0%, bringing the maximum rate for Sergeants to $42.66. School Resource Officer Incentive Pay - $75/pay period = $1,950/yr Article 29 - Retirement The Union agreed to withdraw their proposal and will present proposals during the next negotiation session which will commence in 2026 for a new full book contract beginning FY2027. | attachments=1 | reports=1

The University of North Florida Training and Services, Institute Inc., d/b/a Institute of Police Technology and Management (IPTM) received a Florida Department of Transportation (FDOT) grant for Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility and Enforcement Project. The subcontract between IPTM and the City in the amount of $17,521.87 encompasses a project that will utilize law enforcement staff to reinforce safe pedestrian, bicyclist, and driver behavior in priority counties. The goal of the effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high-visibility education and enforcement details. This reimbursement contract will cover project expenses, including overtime hours for sworn law enforcement officers. The grant aims to develop and implement effective community-level high-visibility education and enforcement details in areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. The goal is to mitigate crashes by increasing awareness of the laws and compliance with traffic laws that protect the safety of pedestrians and bicyclists by providing high-visibility education and enforcement of all road users (pedestrians, bicyclists, and motorists) to change behaviors and improve safety. The Police Department will conduct on-street education and enforcement details at pre-approved locations within pre-approved times and distribute educational materials with each contact. The Police Department will use the funds to provide additional high-visibility patrols to focus on pedestrian, bicycle, and crosswalk safety violations through education and enforcement. Personnel assigned to this initiative will be paid overtime and will not affect minimum patrol staffing levels. Staff participating in this program will receive the required training. The pre-approved locations for this High Visibility education and enforcement are: Dunlawton Avenue, from Village Trail to Nova Road Ridgewood Avenue, from Niver Street to Katherine Street Taylor Road/Dunlawton Avenue, from Summer Trees Road to Clyde Morris Boulevard Nova Road, from Samms Avenue to Gordon Street Clyde Morris Boulevard, Madeline Avenue to Reed Canal Road Nova Road from Palm Boulevard to Tree Garden Drive This will be a part of the Fiscal Year 2025-26 budget. | attachments=2 | reports=1

At their April 2, 2024, meeting, the City Council approved Resolution No. 24-06 authorizing staff to submit an application to FDEM for a Hurricane Idalia HMGP grant to acquire four (4) homes at approximately $2,000,000. Prior to submitting the application, one property owner withdrew, so the application was submitted to acquire and demolish three (3) homes at a cost of $1,348,360. On July 1, 2025, the Florida Division of Emergency Management (FDEM) provided the City with an agreement (No.H1201) to reimburse the City 75% of the cost to acquire and demolish three (3) single-family homes at 5899 Trailwood Drive, 798 Sugar House Drive, and 893 Sugar House Drive with funds from Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) Project Number 4734-002-R. The HMGP assists communities in implementing hazard mitigation measures following a Presidential major disaster declaration that reduce the risk of future impacts from future disasters. Once the properties have been purchased by the City, the homes will be demolished, and the properties will be maintained by the City as open space or can be used for stormwater improvements. At this time, the three properties are intended to be used as open space. The Hurricane Idalia HMGP Grant Agreement (No.H1201) is for $1,062,140 in federal funds toward the purchase and demolition of the three homes with the remaining $337,090 being the City's cost share. The City's cost share was budgeted in the FY 25 Capital Improvement Plan. The acquisition of these homes will permanently eliminate the risk of future flood damage. All acquisition activities are voluntary and conducted in compliance with 44 Code of Federal Regulation (CFR) Part 80. All activities associated with the acquisition and demolition will be done in compliance with Federal, State and Local applicable Rules and Regulations. In addition, staff is requesting the City Manager be authorized to sign the grant agreement and all other administrative documents associated with said grant. Once the City receives a Notice to Proceed from FDEM, the process to acquire the properties will begin. Selection of a demolition contractor in compliance with federal procurement requirements is anticipated to occur later this year. After closing on the properties, demolition will follow. Reimbursement can be requested once the properties have been demolished. It is anticipated that the project will be complete in mid-2026. The City has until April 30, 2029, to perform, if needed, in accordance with the agreement terms. | attachments=3 | reports=1

City Engineering Staff and representatives from Kimley-Horn will deliver a brief presentation on the ongoing Comprehensive Vulnerability Assessment. This assessment is a critical component of the city's long-term resilience planning, aimed at identifying infrastructure vulnerabilities related to flooding, sea level rise, extreme weather events, and other environmental stressors. The presentation will provide an overview of the assessment’s scope, methodology, preliminary findings, and how the results will inform future capital improvement planning and policy development. Completion of the Vulnerability Assessment is required to be eligible to receive Resilient Florida implementation grants, which provide funding to help local governments and other eligible entities implement projects that address flooding and sea level rise vulnerabilities. | attachments=1 | reports=1

Planning Commission Action: (7/31/25): Recommended Approval (Vote 6-0) The proposed administrative rezoning (Case No. REZONING-25-0004) involves 12 properties generally located on the east side of the City of Port Orange, east of Nova Road. The rezoning is to address zoning inconsistencies with the current Future Land Use designation for the properties. Of the twelve properties, six are privately owned, while the remaining six are owned by the City of Port Orange. The owners of the privately-owned properties all submitted signed consent forms to the City in support of the proposed zoning changes. Staff have prepared the administrative rezoning to bring the properties into compliance with the City’s Future Land Use Map and ensure consistency with the surrounding area, as well as the historic and/or intended use of the properties. The proposed administrative rezoning changes for the 12 properties are detailed below and are listed and shown on Exhibits 2 and 3 of the attached staff report. 1. Rezone 3 privately owned properties (±0.46 acres total) from Community Commercial (CC) to Neighborhood Preservation (NP) 2. Rezone 1 privately owned property (±0.18 acres total) from Ridgewood Development (RD) to Neighborhood Preservation (NP) 3. Rezone 2 privately owned properties (±0.77 acres total) from Neighborhood Preservation (NP) to Office/Residential Transition (ORT) 4. Rezone 1 city-owned property (±0.24 acres total) from Neighborhood Preservation (NP) to Government Public Use (GPU) 5. Rezone 2 city-owned properties (±1.07 acres total) from Planned Commercial Development (PCD) to Government Public Use (GPU) 6. Rezone 2 city-owned properties (±1.66 acres total) from Multi-Family Residential (R-3M) to Government Public Use (GPU) 7. Rezone 1 city-owned property (±0.31 acres total) from Single-Family Residential (R-10SF) to Government Public Use (GPU) The properties proposed to be rezoned to the NP (Neighborhood Preservation) zoning district have historically been developed with a single-family home. The properties proposed to be rezoned to the ORT (Office/Residential Transition) zoning district will establish consistency between the properties' current Future Land Use (FLU) designation and zoning. Lastly, the properties proposed to be rezoned to the GPU (Government/Public Use) zoning district are owned by the City and are either currently developed or planned to be developed for public purposes. At this time, none of the 12 properties associated with this administrative rezoning are included in the Volusia County Transform 386 program or the FEMA Hazard Mitigation Grant Program (HMGP). The Staff Report is attached for more information. | attachments=3 | reports=1

The city’s design consultant is currently working on permit applications for the Riverwalk Park Day Dock with outside agencies including St. Johns River Water Management District (SJRWMD), U.S. Coast Guard and Florida Fish and Wildlife Conservation Commission (FWC). The proposed day dock will extend perpendicular from the shoreline and accommodate mooring for up to ten (10) vessels, with flexibility to expand as demand grows. As part of the permitting process, the Riverwalk Park Day Dock project is to include the installation of Private Aids to Navigation (PATONs) or regulatory markers to safely guide boaters through the access channel that will be dredged as part of the project surrounding the day dock and extending to the existing deep-water channel that leads to the Intracoastal Waterway (ICW). These PATONs to be installed are necessary for navigational safety, reducing the risk of vessel grounding, and supporting increased boat traffic in the area of the day dock. Pursuant to the requirements of the permits for the day dock, the City is required to establish the legal authority to install and maintain the PATONs. The proposed amendment to Chapter 82 of the City’s Code of Ordinances establishes the City of Port Orange's jurisdiction over the PATON plan. It also formally identifies the proposed waterway marker locations, as detailed in the attached PATON plan, which includes precise geographic coordinates for each pile installation. As designed by the city’s consultant (Dredging & Marine Consultants) and reviewed by FWC and the U.S. Coast Guard, the PATON plan includes (3) green day beacons, (3) red day beacons and (2) shallow water markers. The PATONs will be installed as part of the day dock construction project. Private Aids to Navigation Plan showing the location and illustration of each waterway marker. Once adopted by City Council, the ordinance will be submitted to the relevant permitting agencies to conclude the process for securing all required environmental and navigational permits. These permits are necessary to ensure compliance with federal, state, and local regulations protecting waterway safety. | attachments=3 | reports=1

PLANNING COMMISSION ACTION (7/31/25): Recommended Approved (6-0) Items 17a - 17d are part of a package of amendments to the Land Development Code (LDC), intended to update the Code and enhance its clarity, consistency, and overall effectiveness. As part of this ongoing maintenance effort, the proposed amendments include clarifications, procedural adjustments, and minor clean-up items designed to streamline the development review process. These amendments address issues identified during the practical application of the Code, correct inconsistencies, and ensure alignment with recently adopted state legislation. 17a. Chapter 12 Parking Space Width - Ordinance No. 2025-22: The LDC currently requires a standard off-street parking space to be a minimum of 10 feet in width by 20 feet in length. Over the past several years, multiple variances and Master Development Agreements have been approved, allowing parking spaces sized at 9 feet x 20 feet. The proposed amendment would establish the required size for a standard parking space as 9 feet by 20 feet, reduce the need for recurring variance requests or Master Development Agreements (MDAs), and streamline the development review process. To date, there have been no documented operational or safety issues within the parking lots developed with 9-foot x 20-foot spaces, including areas such as the Pavilion, LA Fitness, BJ's Wholesale Club, Target/Lowe's, Jimmy Hula's, Catfish Commons, First Watch, and Starbucks. A 9-foot x 20-foot parking space is a common standard size across Florida and nationwide. Professional engineering organizations such as the Institute of Transportation Engineers (ITE), a professional association of transportation engineers, planners, consultants, educators, and public agency officials focused on the planning, design, operation, and management of transportation systems, have studied and documented that the 9-foot x 20-foot parking space accommodates the majority of passenger vehicles, including SUVs and light trucks. The proposed amendment to establish the width of a parking space to 9 feet is also consistent with the width standard adopted by other municipalities in Volusia County, such as Ormond Beach, Daytona Beach, DeLand, Daytona Beach Shores, and South Daytona. Reducing the minimum parking space width from 10 feet to 9 feet will provide greater flexibility in site design, particularly for infill, constrained, or redevelopment sites. This change allows for more efficient land use, creates additional opportunities for landscaping and stormwater management, may help reduce the overall impervious surface area, and reduces the requests for 9-foot-wide spaces through variances or MDAs. 17b. Chapter 3 Administration and Chapter 5 Subdivisions - Ordinance No. 2025-23: This proposed amendment to the LDC is to align the subdivision plat approval procedures with recent changes to Florida Statutes, effective July 1, 2025, following the enactment of Senate Bill 784 (SB 784). SB 784, titled the "Platting Reform", was passed unanimously by both the Florida Senate and House on April 29, 2025, and was signed into law by Governor Ron DeSantis on June 20, 2025 and mandates that subdivision plats and replats submitted pursuant to Section 177.091, Florida Statutes, be reviewed and approved administratively by staff, removing the requirement for a subdivision plat or replat to go to public hearings before the Planning Commission or City Council. According to SB 784, local governments must designate an administrative official to act as the approval authority for subdivision plat or replat applications. The proposed amendment will revise the current requirements or add new requirements to the LDC to align with SB 784: 1) Designates the applicable administrative official (e.g., Community Development Director) as the authority to approve or deny plats and replats; and 2) Removes references to taking a plat or replat to a public hearing for review and approval, shifting approval from the City Council at a public hearing to administrative approval, similar to the process used for site plans. The proposed amendment does not change any current subdivision design or standard construction details required by the LDC or change the staff review process; the requirement for a plat to be reviewed by a third-party surveyor, Planning Commission review for a variance related to a subdivision requirement in the LDC, and recording requirements for a plat all still must be met. 17c. Chapter 15 – Signs - Ordinance No. 2025-24: The LDC currently requires that messages displayed on an electronic message center (LED sign) must remain static for a minimum of 60 seconds before changing. Over the past few years, staff have received inquiries and feedback from businesses and property owner associations regarding the 60-second minimum message display time requirement being too restrictive, particularly from those with existing electronic message signs or those looking to install a sign with an electronic message center. The proposed amendment would establish a minimum message display time for an electronic message sign of 10 seconds. This change provides greater flexibility in message rotation, allowing businesses to advertise or communicate more effectively while maintaining safeguards in the LDC, such as prohibiting rapid flashing or distracting animations that could impact traffic safety or alter the visual character of surrounding neighborhoods. The proposed 10-second message display time is consistent with standards adopted by other nearby municipalities, such as Ormond Beach, New Smyrna Beach, South Daytona, and Volusia County, where the minimum message display time ranges between 5 and 15 seconds. Studies conducted by the Federal Highway Administration (FHWA) and the International Sign Association (ISA) have found that message changes at intervals of 8 to 10 seconds do not pose a significant distraction to drivers when signs are properly designed, regulated, and do not flash, scroll, animate, or have excessive brightness. The proposed amendment does not change any of the existing LDC requirements that prohibit animation, flashing, or brightness limits as these safeguards will remain fully in effect. Allowing a 10-second message display time will enable content to be displayed and updated more frequently, enhancing businesses’ ability to communicate effectively with the public. The proposed change will allow a sign with an electronic message center to be used as a communication and marketing tool for businesses while maintaining visual and safety standards. 17d. Chapter 16 - Miscellaneous Regulations - Ordinance No. 2025-25: The LDC provides the setbacks for various types of accessory structures, including sheds, carports, pools, pool enclosures, concrete or paver patios, and elevated decks. For most of these accessory structures, the side and rear setbacks typically range between 5 feet to 10 feet. However, for an elevated wood deck, the required side and rear setbacks are determined by the height of the deck, using the following formula: 5 feet + 2 feet for every 1 foot above grade. Over the past several years, several elevated wood decks have been proposed, but due to the large setbacks required under this current setback formula, many residents have either chosen not to move forward with their projects or have revised them to be structural additions to the home with rooftop decks instead of the open deck concept, since the setbacks are less than the elevated wood deck setbacks. Figure 1. Examples of elevated decks similar to projects proposed in the past that would not comply with current setback requirements The proposed amendment would revise the side and rear setback requirements for an elevated deck to align with either the setbacks currently required in the LDC for an elevated deck or the side and rear yard setbacks for the principal structure, based on the property’s zoning, whichever is less. For example, on a property zoned Neighborhood Preservation (NP), the setbacks for the principal structure are as follows: Side, 7.5 feet, and Rear, 25 feet. Under the current setback requirement for an elevated deck, a deck elevated 10 feet above grade would require both side and rear setbacks of 23 feet (based on the formula: 5 feet from the property line + 2 feet for every 1 foot above grade). If the proposed amendment is adopted, the required side setback would be reduced to 7.5 feet, while the rear setback would remain 23 feet, since it is less than the zoning-required 25 feet. The proposed amendment will provide homeowners with more options for placing elevated decks by allowing them to use the smaller of the two setback requirements. This amendment also aligns elevated deck setbacks more closely with those of the principal structure, promoting uniformity within neighborhoods. Figure 2. Site Layout for a 10-foot elevated deck with the current setback (blue) and the proposed setback (green) | attachments=1 | reports=1

PLANNING COMMISSION ACTION (7/31/25): Recommended Approved (6-0) Parking Space Width: The LDC currently requires a standard off-street parking space to be a minimum of 10 feet in width by 20 feet in length. Over the past several years, multiple variances and Master Development Agreements have been approved, allowing parking spaces sized at 9 feet x 20 feet. The proposed amendment would establish the required size for a standard parking space as 9 feet by 20 feet, reduce the need for recurring variance requests or Master Development Agreements (MDAs), and streamline the development review process. To date, there have been no documented operational or safety issues within the parking lots developed with 9-foot x 20-foot spaces, including areas such as the Pavilion, La Fitness, BJ's Wholesale Club, Target/Lowe's, Jimmy Hula's, Catfish Commons, First Watch, and Starbucks. A 9-foot x 20-foot parking space is a common standard size across Florida and nationwide. Professional engineering organizations such as the Institute of Transportation Engineers (ITE), a professional association of transportation engineers, planners, consultants, educators, and public agency officials focused on the planning, design, operation, and management of transportation systems, have studied and documented that the 9-foot x 20-foot parking space accommodates the majority of passenger vehicles, including SUVs and light trucks. The proposed amendment to establish the width of a parking space to 9 feet is also consistent with the width standard adopted by other municipalities in Volusia County, such as Ormond Beach, Daytona Beach, DeLand, Daytona Beach Shores, and South Daytona. Reducing the minimum parking space width from 10 feet to 9 feet will provide greater flexibility in site design, particularly for infill, constrained, or redevelopment sites. This change allows for more efficient land use, creates additional opportunities for landscaping and stormwater management, may help reduce the overall impervious surface area, and reduces the requests for 9-foot-wide spaces through variances or MDAs. | attachments=2

PLANNING COMMISSION ACTION (7/31/25): Recommended Approval (6-0) Chapter 3 Administration and Chapter 5 Subdivisions: This proposed amendment to the LDC is to align the subdivision plat approval procedures with recent changes to Florida Statutes, effective July 1, 2025, following the enactment of Senate Bill 784 (SB 784). SB 784, titled the "Platting Reform", was passed unanimously by both the Florida Senate and House on April 29, 2025, and was signed into law by Governor Ron DeSantis on June 20, 2025 and mandates that subdivision plats and replats submitted pursuant to Section 177.091, Florida Statutes, be reviewed and approved administratively by staff, removing the requirement for a subdivision plat or replat to go to public hearings before the Planning Commission or City Council. According to SB 784, local governments must designate an administrative official to act as the approval authority for subdivision plat or replat applications. The proposed amendment will revise the current requirements or add new requirements to the LDC to align with SB 784: 1) Designates the applicable administrative official (e.g., Community Development Director) as the authority to approve or deny plats and replats; and 2) Removes references to taking a plat or replat to a public hearing for review and approval, shifting approval from the City Council at a public hearing to administrative approval, similar to the process used for site plans. The proposed amendment does not change any current subdivision design or standard construction details required by the LDC or change the staff review process; the requirement for a plat to be reviewed by a third-party surveyor, Planning Commission review for a variance related to a subdivision requirement in the LDC, and recording requirements for a plat all still must be met. | attachments=2

PLANNING COMMISSION ACTION (7/31/25): Recommended Approved (6-0) CHAPTER 15 – SIGNS: The LDC currently requires that messages displayed on an electronic message center (LED sign) must remain static for a minimum of 60 seconds before changing. Over the past few years, staff have received inquiries and feedback from businesses and property owner associations regarding the 60-second minimum message display time requirement being too restrictive, particularly from those with existing electronic message signs or those looking to install a sign with an electronic message center. The proposed amendment would establish a minimum message display time for an electronic message sign of 10 seconds. This change provides greater flexibility in message rotation, allowing businesses to advertise or communicate more effectively while maintaining safeguards in the LDC, such as prohibiting rapid flashing or distracting animations that could impact traffic safety or alter the visual character of surrounding neighborhoods. The proposed 10-second message display time is consistent with standards adopted by other nearby municipalities, such as Ormond Beach, New Smyrna Beach, South Daytona, and Volusia County, where the minimum message display time ranges between 5 and 15 seconds. Studies conducted by the Federal Highway Administration (FHWA) and the International Sign Association (ISA) have found that message changes at intervals of 8 to 10 seconds do not pose a significant distraction to drivers when signs are properly designed, regulated, and do not flash, scroll, animate, or have excessive brightness. The proposed amendment does not change any of the existing LDC requirements that prohibit animation, flashing, or brightness limits as these safeguards will remain fully in effect. Allowing a 10-second message display time will enable content to be displayed and updated more frequently, enhancing businesses’ ability to communicate effectively with the public. The proposed change will allow a sign with an electronic message center to be used as a communication and marketing tool for businesses while maintaining visual and safety standards. | attachments=2

PLANNING COMMISSION ACTION (7/31/25): Recommended Approved (6-0) 17d. CHAPTER 16 - MISCELLANEOUS REGULATIONS - Ordinance No. 2025-25: The LDC provides the setbacks for various types of accessory structures, including sheds, carports, pools, pool enclosures, concrete or paver patios, and elevated decks. For most of these accessory structures, the side and rear setbacks typically range between 5 feet to 10 feet. However, for an elevated wood deck, the required side and rear setbacks are determined by the height of the deck, using the following formula: 5 feet + 2 feet for every 1 foot above grade. Over the past several years, several elevated wood decks have been proposed, but due to the large setbacks required under this current setback formula, many residents have either chosen not to move forward with their projects or have revised them to be structural additions to the home with rooftop decks instead of the open deck concept, since the setbacks are less than the elevated wood deck setbacks. Figure 1. Examples of elevated decks similar to projects proposed in the past that would not comply with current setback requirements The proposed amendment would revise the side and rear setback requirements for an elevated deck to align with either the setbacks currently required in the LDC for an elevated deck or the side and rear yard setbacks for the principal structure, based on the property’s zoning, whichever is less. For example, on a property zoned Neighborhood Preservation (NP), the setbacks for the principal structure are as follows: Side, 7.5 feet, and Rear, 25 feet. Under the current setback requirement for an elevated deck, a deck elevated 10 feet above grade would require both side and rear setbacks of 23 feet (based on the formula: 5 feet from the property line + 2 feet for every 1 foot above grade). If the proposed amendment is adopted, the required side setback would be reduced to 7.5 feet, while the rear setback would remain 23 feet, since it is less than the zoning-required 25 feet. The proposed amendment will provide homeowners with more options for placing elevated decks by allowing them to use the smaller of the two setback requirements. This amendment also aligns elevated deck setbacks more closely with those of the principal structure, promoting uniformity within neighborhoods. Figure 2. Site Layout for a 10-foot elevated deck with the current setback (blue) and the proposed setback (green) | attachments=2

At their August 5 meeting, Council asked staff to prepare an agenda item to discuss the General Fund reserve (fund balance) policy. Adopted in 2015, the policy requires 30–35% of annual operating expenditures (including transfers) in reserve. Currently, this equals about $20–24 million (based on a $67M operating budget including transfers). The Government Finance Officers Association (GFOA) recommends two months of operating expenses (2/12 = 16.7%) but does not include transfers in the calculation. Staff reviewed the ACFRs of the larger cities in Volusia County and the undesignated fund balances ranged from about $10M to almost $40M with percentages from about 25%-75%. Two cities include a specific amount set aside for emergencies such as hurricanes. Regional Comparisons Undesignated Fund Balance/Hurricane Funds* City Amount General Fund Operating Budget Est. % of General Fund Operating Daytona Beach $37.5M $115,191,231 33% Deland $8.8M $3.2M (Hurricane specific) $12M $38,594,571 23% Unassigned 31% Total Deltona $26.5M $10.5M ( Hurricane specific) $36.5M $49,278,443 53% Unassigned 74% Total New Smyrna Beach $18.2M $41,575,069 44% Ormond Beach $9.9M $44,098,200 23% *Source - Annual Comprehensive Financial Report (ACFR) for each City. Information is based on a general review; some details in the ACFRs may not have been identified during this review. FUND BALANCE OPTIONS To facilitate discussion on the preferred fund balance amount, Staff has provided several fund balance options for consideration. Port Orange Fund Balance Options (amounts rounded) % of General Fund Operating Amount** 16.7% (GFOA) $11.2M 20% $13.4M 22% $14.7M 25% $16.75M 27% $18.1M 30% $20.1M 35% $23.45M **Based on approximately $67M General Fund Operating Budget Additional One-Time Funds Available for Projects $4.02M – Sale of Allen Green Center $0.6M – FEMA reimbursement from Hurricane Irma Investment Options for Fund Balance Below are some of the currently unfunded capital projects that Council could elect to invest in if the fund balance is lowered. The discussion on these projects can be held early in the next fiscal year after the current fiscal year fund balance roll forward is known and can be added to the existing reserves. Capital Projects for Future Investment : Down Under Infrastructure Phase $2.75M Down Under Features Phase $1.25M Minimum City Stormwater Project Match $7.0M Playground Replacements $1.2M All Children’s Park Restroom $636K Dorothy Hukill Annex Generator $1.1M Dorothy Hukill Annex HVAC $600K Causeway Park Improvements (North) $1.1M Additional funds for sidewalk repairs, paving, &/or striping TBD | reports=1