City Council accepts $4.4M grant, approves mitigation bank purchase and adopts multiple land‑use and waterways ordinances

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The Team Volusia Economic Development Corporation (TVEDC) is a countywide public-private partnership that coordinates economic development efforts throughout Volusia County. It works collaboratively with municipal staff and the Volusia County Department of Economic Development to attract new businesses throughout the region. The FY 25-26 contract amount of $39,402.00 ensures that the City of Port Orange has a seat on the TVEDC Executive Committee. TVEDC's primary purpose is to support business growth by recruiting new businesses to the area. As part of these efforts, they continue to market the remaining vacant Eastport Business Park sites and the Reed Canal property to prospective companies seeking to develop facilities of 15,000 to 25,000 square feet. Local government funding for TVEDC is calculated at a rate of $0.60 per capita, based on the latest population estimates from the Bureau of Economic and Business Research (BEBR). According to BEBR, the estimated 2024 population of Port Orange was 65,670, resulting in a contract amount of $39,402 for FY 2025–2026. The FY 2025–2026 contract amount is a $397.20 increase over the FY 2024–2025 contribution. Funds to pay the FY 25/26 contract amount are included in the Community Development FY26 Budget. | attachments=1 | reports=1

Historically, the City has partnered with the Halifax Humane Society (HHS) for animal shelter needs and services. HHS has informed the county and all municipalities that they will be ending the responsibility of caring for stray, quarantined and confiscated animals on April 1, 2027. HHS wants to limit its liability exposure to focus on core programs of affordable veterinary care, pet loss prevention, reunification and animal training. HHS is willing to renew the contract until April 1, 2027. However, the stray animal fee will increase by 155% from $156 to $399. On March 31, 2026, the stray animal fee will increase 413% from the current $156 to $800 per animal. They will also no longer accept dogs going through the "dangerous dog" declaration process. The City has been in communication with the Southeast Volusia Humane Society (SEVHS), and they are willing to partner with the City to provide all services to meet our needs, including stray animal intake, quarantine and confiscated animal intake, dangerous dog holding and feline trap, neuter and release program. This contract for services with SEVHS includes, but is not limited to, temporary impoundment, spay and neuter, vaccination, adoption, and euthanasia services. They will also facilitate, through Volusia County Animal Services, the ear-tipping of feral cats as part of the City's Trap Neuter Release (TNR) program. The contract term will be for one (1) year with the option to renew for up to three (3) twelve (12) month periods on the same terms and conditions. The fees proposed in the Southeast Volusia Humane Society contract are comparable with the current HHS contract and substantially lower than the new limited services contract being proposed by HHS. | attachments=2 | reports=1

On March 14, 2017, the City entered a Standard Contract for Services with Shelley's Septic Tank, Inc. d/b/a Shelley’s Environmental Systems, Inc. pursuant to ITN 16-09, Biosolids Hauling and Management. The initial term of the agreement was 10 years with an initial biosolids rate of $39.95 per wet/ton. In 2023, a price adjustment was granted to change the price to $65.00 per wet/ton due to material costs and changing market conditions. Recent regulatory changes to Chapter 62-640, Florida Administrative Code (F.A.C.), drastically reduced the number of eligible disposal facilities and increased the price of biosolids disposal significantly across the State of Florida. As a result, the requested amendment is for a rate adjustment to $102.00 per wet/ton , with a three percent (3%) increase at the anniversary date (March 14, 2026) for the remaining year of the Contract, at an amount not to exceed the appropriated budget. City staff have contacted other cities to check current biosolids rates. Staff found that the average price for biosolids hauling and disposal on the east coast of Florida is $150-$175 wet/ton. Staff contacted a competitor biosolids company and was quoted $175+ per wet/ton for new contracts. Shelley’s Environmental Systems also provided a recently awarded contract for biosolids hauling and disposal at a price of $110 per wet/ton for a local municipality for comparison. | attachments=4 | reports=1

The City’s design consultant (Dredging & Marine Consultants) is continuing to obtain permits 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 Environmental Resource Permit (ERP) process, SJRWMD has determined that mitigation is required to offset project impacts from dredging, mangrove disturbance, dock construction, loss of potential oyster/clam habitat, and secondary effects, such as noise intrusion from dock and boat use, increased boat traffic, and the potential introduction of trash, debris, and nuisance or exotic species. To address these impacts and meet the wetland mitigation requirement for the SJRWMD permit, the purchase of 0.09 acres of Herbaceous Marine Wetland Mitigation Credits is required. The agreement between Webster Creek Holdings, LLC and the City is for the purchase of 0.09 acres of State-only Herbaceous Marine wetland credits per State Credit price of three hundred thousand dollars ($300,000) per acre, for a total of twenty-seven thousand dollars ($27,000). Upon execution of this agreement and the receipt of the payment, the SJRWMD permit will be issued to meet the Florida Inland Navigation District (FIND) grant award deadline to have all permits for the day dock by September 16. | attachments=2 | reports=1

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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=4 | 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 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=3

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=3

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=3

PLANNING COMMISSION ACTION: Recommended Approval Lamar Outdoor Advertising, represented by Rob Merrell from Cobb Cole, is requesting an amendment to the Land Development Code (LDC) to allow the replacement of static billboard sign faces with digital sign faces on existing structures. If approved, the amendment would give City Council the authority to enter into agreements with billboard owners to reconstruct existing billboards along I-95 or Ridgewood Avenue with digital sign faces, in exchange for the permanent removal of other existing billboard sign faces within the City. According to the applicant, the proposed amendment intends to reduce the overall number of billboard sign faces in Port Orange. Specifically, it would require the removal of at least two (2) existing static sign faces for each digital sign face conversion of an existing billboard along I-95 or Ridgewood Avenue. Figure 1 - Rendering of billboard with LED sign face on US1. Figure 2 - Existing billboard on US1 Under the City's current sign regulations, a billboard is a prohibited sign. Furthermore, structural repairs or reconstruction of existing non-conforming signs is not permitted, requiring them to be removed as they become structurally unsound. The applicant requests this amendment to allow some existing billboards to be reconstructed with a digital sign face in exchange for removing static billboard sign faces within the City. There are 13 billboards within Port Orange, with the majority of the signs located along I-95. Lamar Outdoor Advertising owns five billboards with static sign faces (8 sign faces total) and one billboard with LED sign faces. If approved on the first reading, a reconstruction agreement between Lamar Outdoor Advertising and the City of Port Orange will be scheduled for Council review with the second reading of this ordinance on October 7, 2025. If the proposed Land Development Code (LDC) text amendment is approved, the applicant intends to request a reconstruction agreement that would allow one (1) billboard along I-95 and one (1) billboard along Ridgewood Avenue (north of Nova Road) to be rebuilt with a digital sign face. In exchange, the applicant would remove four (4) existing billboard sign faces located north of the Ridgewood Avenue and Nova Road intersection. Figure 3. General Location of Existing Billboards within Port Orange The proposed amendment also includes clean-up items to Chapter 15, Section 14, to remove duplicate code requirements that were inadvertently added multiple times when the sign code was updated in 2021 and make the existing digital sign-face requirements in Section 14 consistent with the digital sign-face requirements proposed with this amendment. The Staff Report is attached for more information. | attachments=3 | reports=1