Port Orange City Council adopts land-use ordinances, utility fee schedule, budget amendments and accepts safety grants

attachments=1

Staff is requesting approval of Task Authorization (TA) No. 6 to ITB #24-01 with Paul Culver Construction, Inc. under the City’s Master Contract for Small Construction Projects, in an amount not to exceed $89,700.00, for upgrades and modifications to the fire alarm system at the YMCA. The scope of work includes renovation and replacement of outdated fire alarm system components that have exceeded their recommended service life in order to bring the system into compliance with current fire safety codes and industry standards. The improvements will enhance life-safety protections and reduce the risk of code noncompliance. Funding for this project is included in the repair and replacement (106) fund for the YMCA. Upon approval and issuance of the Notice to Proceed, the work is anticipated to be completed within 30 days. | attachments=6 | reports=1

In May 2025, the City approved Task Authorization No. 3 with Zev Cohen & Associates to prepare construction plans and obtain the required permits from the St. Johns River Water Management District (SJRWMD) and the Florida Department of Transportation (FDOT) for Phase 1 of the Down Under Special Character District infrastructure improvements identified in the 2023 Down Under Plan. The Notice to Proceed was issued on July 23, 2025, with a six-month duration set to expire on January 23, 2026. The requested time extension is due to unforeseen geotechnical conditions discovered after design work began in late summer. Soil testing revealed higher-than-anticipated groundwater levels and poor soil conditions, which required multiple design revisions and technical coordination meetings with SJRWMD staff. These revisions were necessary to meet SJRWMD standards while maintaining existing site grades and preserving the full scope of the planned parking and pedestrian improvements. SJRWMD staff have conceptually accepted the revised approach, and with the design nearly complete, the remaining task is permit approval. Permit applications were submitted in December 2025, and final permitting from SJRWMD is expected within 7–9 months. Change Order No. 1 to Task Authorization No. 3 provides a 250-day extension to finalize the design documents and secure the required permits from SJRWMD and FDOT. There is no additional cost associated with Task Authorization No. 3. The Down Under Special Character District is the commercial area located under the Dunlawton Avenue Bridge, west of South Peninsula Drive, in the Port Orange Town Center Community Redevelopment Area (CRA). The current design plans being prepared include the following improvements to the Down Under area: Drainage & Stormwater : Convert open ditches into a below-ground stormwater detention system to reduce debris, improve treatment, and increase usable space for parking. Parking Optimization : Reconfiguration and repaving of the parking area to increase parking space capacity from +/- 135 to +/-199 paved parking spaces, 26 grass parking spaces, and 9 motorcycle parking spaces, and improved mobility for delivery trucks. Slightly smaller parking spaces, 9’ wide x 19’ long, are proposed for the main field of paved parking. Required ADA spaces are regulation size 12’ wide x 20’ long. Traffic Access Improvements : Relocation of the south access drive at Peninsula Drive further away from the intersection of Peninsula Drive and Dunlawton Avenue and constructing a dedicated right-turn lane. Pedestrian & Multimodal Access : Pedestrian connectivity and safety improvements, including sidewalks, lighting, and facilities for alternative transportation (golf carts, bikes, rideshare). Aesthetic Enhancements : Decorative street and parking lot lighting, uplighting of the bridge columns, lighting for murals, site furnishings, and native, drought, and salt-tolerant plant landscape improvements. Public Spaces : Pedestrian plaza for gatherings and events adjacent to the Halifax River. Wayfinding & Signage : Gateway signage and a coordinated signage program to identify tenants and guide visitors within the Down Under area. As part of preparing the construction plans, City staff and Zev Cohen & Associates have been meeting with business owners in the Down Under area to discuss the planned infrastructure improvements. Over the next nine months, staff will continue meeting with business owners, pursue grant funding opportunities for the parking, drainage, and other identified improvements, and include the Phase 1 improvements in future Capital Improvement Project budgets to fund construction. Due to the extended permitting timelines for in-water structures and required coordination with FDOT, the fishing pier, water taxi dock, and living shoreline will be designed and permitted in a future Phase 2. | attachments=3 | reports=1

The Engineering and Public Utilities Departments are requesting City Council ratification of the Standard Contract for Services with All State Civil Construction, Inc. for emergency repairs to a 4-inch sewer lateral located at 223 Charles Street, in an amount not to exceed $63,783.65. On October 17, 2025, Public Works drainage crews were accessing the drainage canal along Charles Street to perform routine maintenance. A sanitary sewer main crosses beneath the canal at the equipment access point, and the existing sanitary sewer cleanout serving the residence at 223 Charles Street was partially located within the canal. During these activities, damage occurred to the sewer lateral. Due to the depth of the infrastructure and elevated water levels within the canal, the required repairs were beyond the capabilities of City staff. Engineering and Public Utilities staff solicited four quotes for immediate emergency repair services, and All State Civil Construction, Inc. was determined to be the lowest responsive bidder. As part of the repair, the sewer lateral was relocated outside the drainage canal to eliminate future conflicts with canal maintenance activities and reduce the risk of similar incidents occurring in the future. The emergency repair work has been completed at a final cost of $63,783.65, and City Council ratification of the contract is now requested. | attachments=4 | reports=1

The Central Florida Child Abduction Response Team (CART) is a voluntary, cooperative initiative established through a Mutual Aid Agreement between participating law enforcement agencies and the Florida Department of Law Enforcement. CART’s purpose is to provide access to a specialized pool of investigators who can deliver focused, intensive investigative and preventative law enforcement services related to child abduction cases. Through this agreement, participating agencies voluntarily cooperate to address violations of Florida Statutes, including but not limited to child kidnapping, abduction, false imprisonment, and related offenses. CART supports coordinated efforts to locate and rescue abducted children, pursue criminal arrests and prosecutions using state and federal authorities as appropriate, and seize or forfeit assets associated with child abduction activities in accordance with applicable state and federal laws. | attachments=1 | reports=1

This item is the first quarter of the fiscal year budget review covering the period from October 1 to December 31, 2025. Staff performed a review covering the revenue and expenditure figures through the first quarter to compare the current amounts with the amount budgeted. In addition, a review of departmental operating needs was performed to see if adjustments were warranted. Staff requests the Council amend the Fiscal Year 2025-2026 budget by revising the budget in total pursuant to itemization contained in Exhibit "A" of the Resolution. Notable items in the budget amendments include: Fire Radio Software - Over the Air Programing upgrade required for the radios to function Field Operations Building - FY26 Construction Cost, funded in FY25 with bond issuance Water Sample Stations for Lab Operations - to switch from bacteriological sampling at resident homes to stand-alone stations. Part of a Department of Health approved plan Police Shooting Range - Repair damages to the shooting range berm from Hurricane Ian. The cost is for Construction Phase Services and will be requested as an amendment to FEMA reimbursement | attachments=1 | reports=1

The Port Orange Police Department (POPD) has received a $40,000.00 grant award through the Florida Department of Transportation (FDOT) to conduct a Motorcycle Safety and Awareness High Visibility Enforcement Campaign. The POPD seeks to utilize this funding to engage in a proactive approach to reduce the number of motorcycle-related serious injuries/fatality crashes within the City. POPD staff utilized data from the Fiscal Year (FY) 2026 Highway Safety Matrix ranking of Florida counties (population 200,001 and above) which illustrates that motorcycle safety was a major contributor to traffic crashes and fatalities in Volusia County. Volusia County ranked 4 out of 26 counties of a similar size in the State of Florida. Additionally, out of 104 cities with a population of 15,000 to 74,999, Port Orange ranked 10th highest for motorcycle-related crashes and fatalities. The campaign will focus on conducting motorcyclist-focused enforcement operations throughout the funding period to address motorcyclists for safety issues and violations of state statutes. Officers will also conduct traffic stops on other motor vehicle drivers for committing violations deemed dangerous to motorcyclists. Officers will focus their attention on the roadways with the highest rate of motorcycle-related crashes. Additionally, High Visibility Enforcement operations will be increased during any bike events occurring in the area. Lastly, the POPD staff will utilize a combination of social media communication, and electronic message boards along roadways to display motorcycle-related safety messages. The funds will be used to provide additional high-visibility patrols to focus on motorcycle safety and awareness 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 grant will be concluded prior to the end of the FY26 fiscal year, and there are no match requirements. | attachments=3 | reports=1

The Port Orange Police Department (POPD) has received a $30,000.00 grant award through the Florida Department of Transportation (FDOT) to conduct a Speeding and Aggressive Driving High Visibility Enforcement Campaign. The police department seeks to utilize this funding to implement a comprehensive, three-pronged strategy aimed at reducing serious injuries and fatalities caused by speeding and aggressive driving within the City of Port Orange. Throughout the funding period, the department will conduct High Visibility Enforcement (HVE) operations at locations identified as having high rates of speeding and aggressive driving complaints. Officers will initiate traffic stops for violators, provide education through warnings and informational handouts, and issue citations as necessary. Enforcement efforts will prioritize roadways with the most significant safety concerns. Additionally, the department will leverage its official social media platforms to raise public awareness and disseminate information regarding upcoming High Visibility Enforcement (HVE) operations. The department will also notify media outlets in advance to encourage greater community engagement. Electronic message boards will be strategically positioned along key roadways to display safety messages, and safety brochures will be distributed during enforcement activities and educational campaigns to further inform the public. The Traffic Unit, equipped with seven police motorcycles, will lead enforcement activities, supported as needed by marked patrol vehicles. Officers will maintain a zero-tolerance policy toward all unsafe traffic violations committed by vehicle operators, including motorcyclists. These violations include, but are not limited to, speeding and aggressive driving behaviors such as tailgating, illegal passing, failure to yield, and failure to stop at red traffic signals and stop signs. The grant will be concluded prior to the end of the FY26 fiscal year, and there are no match requirements. | attachments=3 | reports=1

In November 2023, Council approved Resolution No. 23-26 which updated utility rates, the rate structure, and administration of the fees. These fees were a result of the 2022, Raftelis Financial Consultants, Inc. (Raftelis) rate study regarding the City's water, wastewater, and reclaimed utility rates and other municipal fees. In June 2024, Council approved Resolution No. 24-18 enacting year two of four of the proposed fee adjustments based on the study and framework approved in 2023. This Resolution enacts year three of four of the proposed fee adjustments. The 5-year Capital Improvements Plan for utilities is based on this multi-year revenue plan as presented to Council. City fees are actual pass-through costs for water, sewer, and reclaimed utilities. The fee schedule will produce revenues sufficient to meet the projected expenditure requirements of each utility system and maintain a financial position that is both sustainable and consistent with financial performance criteria established by the City. The rates listed in this resolution have been reviewed by current Finance staff and were updated to reflect the year three numbers in the rate study. These rates provide a full cost recovery for our utilities. This Resolution incorporates the planned annual increases for our retail and wholesale customers (Daytona Beach Shores and the Town of Ponce Inlet), and development fees as recommended by the Raftelis study through fiscal year 2026-2027. The recommended annual fee increases will begin on October 1, 2026 for utility customers within Daytona Beach Shores (based on the Shores initial schedule to start at the beginning of the fiscal year), January 1, 2026 for the Town of Ponce Inlet, and February 1, 2026 for all other utility customers. The proposed fees will go towards funding the following upcoming notable projects: River Crossing Force Main & Water Main Construction City-wide Lift Station Rehabilitation Water Reclamation Facility Upgrades Reclaimed Lake Improvements Leisure Circle Sewer Improvements | attachments=1 | reports=1

Community Development has received an application from the property owners, Erik and Kathryn Moeller, of 5955 Peggy Barrow Court (Lot 11 of Rolling Hills Estates, Phase 2), requesting approval to vacate 500 square feet (10-foot x 50-foot) of an existing 40-foot-wide Tree Conservation Easement (40-foot x 160-foot easement, or 6,400 square feet) along the rear of the subject property subject to property owners providing an easement over another portion of their property to accommodate the construction of a detached garage. The subject property is a one-acre, single-family residential lot zoned Rural Residential (RR) and located within the Rolling Hills Estates Subdivision. The portion of the easement proposed to be vacated is located along the rear (east) property line of the subject property and would be relocated to the northeast corner of the lot. The graphic below illustrates the portion of the existing easement to be vacated (parcel A) and the proposed replacement easement (parcel B). Based on a review of aerial imagery dating back to 2003 and a site visit conducted in December 2025, there are no existing trees, nor have there been any historically, within the 500 square feet of the easement proposed for relocation. The area where the 500 square feet of easement is proposed to be relocated on the subject property currently contains the following trees and palms (Screw Pine, Coconut Palm, other small palms, and several fruit trees). Photo of the existing 40' wide Tree Conservation Easement showing no existing trees within Parcel A Photo of the existing trees within Parcel B area The 40-foot-wide Tree Conservation Easement was established on several lots within the Rolling Hills Estates Subdivision, including the subject property, when the subdivision plat was recorded in 2002, to satisfy tree preservation area requirements of the Land Development Code (LDC). At the time the Easement was platted, no trees were located within the Easement on the subject property. Trees currently located within the 40-foot-wide Easement on the subject property were planted during construction of the residence in 2006–2007 and are not located within the 500 square feet proposed for relocation. The proposed replacement easement will maintain the required tree preservation acreage for the Rolling Hills Estates Subdivision and ensure continued compliance with the approved subdivision plans and the LDC. The property owners have met with staff and will design the proposed detached garage to meet all applicable building setbacks, building coverage, and open space requirements for a property zoned Rural Residential (RR), and the structure will not require removal of any trees located within the Easement. If the proposed easement is approved, the property owners intend to submit a building permit application for the garage in early 2026. The application, including sketches and legal descriptions for both the easement area proposed for vacation and the area for the replacement easement, have been reviewed for completeness and accuracy. All applicable City departments have reviewed the request and supporting documentation and have no comments or objections to the proposed easement vacation and replacement easement. | attachments=4 | reports=1

Planning Commission Action (11/20/25): Recommended Approval (5-0) Daniel D. and Sandra L. Bordis, property owners and applicants, are requesting approval to change the Future Land Use (FLU) designation for a ±9.37-acre property from Volusia County Urban Low Intensity (0.2-4 units/acre) to City of Port Orange Rural Transition (0-2 units/acre). The subject property is located on the south side of Fern Park Drive, east of Taylor Road, and behind the All-Aboard Storage development. The proposed FLU amendment will reduce the allowed density for the subject property from 37 units to 19 units. Location map of 1737 Fern Park Drive The subject property is currently developed with a single-family residence. Access is provided from an unpaved easement along the north side of the property (Fern Park Drive) and an additional access easement through the All-Aboard Storage Crane Lakes development to the west. In 2018, the subject property was annexed into the City of Port Orange. In 2020, the former owner of the subject property submitted development applications to change the FLU designation and zoning classification from Volusia County to the City to allow the development of a townhouse subdivision. Neither of the development applications were approved by the City Council. As a result, the subject property is located within Port Orange, but its current FLU designation is Volusia County Urban Low Intensity (0.2–4 units/acre), and zoning classification is Volusia County A-2 Rural Agriculture. The current property owners have submitted development applications to change the FLU designation to City of Port Orange Rural Transition (0-2 units/acre) and rezone to the City of Port Orange Agriculture (A) zoning district (see Case No. REZONING-25-0005). If the development applications are approved, the property owners plan to demolish the existing single-family home, which is in disrepair, and construct a new single-family home on the subject property. At a future date, the property owners also plan to submit a Special Exception application to request approval to allow both the residence and nursery operations to coexist on the subject property. The City of Port Orange Rural Transition FLU designation allows residential development at a density of no more than two units per acre and may also include accessory agricultural uses, based on the appropriate surrounding land use. The Rural Transition FLU designation is suitable for the subject property as it is near Spruce Creek and its tributaries, situated between Agricultural lands and areas of higher density/intensity, and is generally consistent with the subject property’s current FLU designation. Overall, the amendment to change the FLU designation for the ±9.37-acre subject property from Volusia County Urban Low Intensity (0.2-4 units/acre) to City of Port Orange Rural Transition (0-2 units/acre) will result in a net decrease in impacts on public infrastructure, as the theoretical maximum number of residential units permitted on the property would decrease from 37 to 19. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (11/20/25): Recommended Approval (5-0) Daniel D. and Sandra L. Bordis, property owners and applicants, are requesting to rezone ± 9.37 acres from Volusia County A-2 Rural Agriculture to City of Port Orange Agriculture (A). The subject property is located on the south side of Fern Park Drive, east of Taylor Road and behind the All-Aboard Storage development. The subject property is currently developed with a single-family residence. Access is provided via an unpaved easement along the north side of the property (Fern Park Drive) and an additional access easement through the All-Aboard Storage development to the west. Location map for 1737 Fern Park Drive In 2018, the subject property was annexed into the City of Port Orange. In 2020, the former owner of the subject property submitted development applications to change the FLU designation and zoning classification from Volusia County to City to allow the development of a townhouse subdivision. Neither development applications were approved by the City Council. As a result, the subject property is located within Port Orange, but its current FLU designation is Volusia County Urban Low Intensity (0.2–4 units/acre), and zoning classification is Volusia County A-2 Rural Agriculture. The current property owners have submitted development applications to change the Future Land Use (FLU) designation to City of Port Orange Rural Transition (0-2 units/acre) and rezone to the City of Port Orange Agriculture (A) zoning district (see Case No. CPAM-25-0003). The proposed rezoning to the City of Port Orange Agriculture (A) zoning district would not increase the residential development allowed on the subject property. If rezoned to the City Agricultural (A) zoning district, which allows 1-acre lots, the property could be subdivided at a later date to create up to nine single-family lots, in addition to the agricultural uses permitted under the City’s Agricultural (A) district. According to the property owners, they intend to demolish the existing single-family home, which is in disrepair, and construct one new single-family home on the subject property, and at a future date, to submit a Special Exception application to allow the development of a retail and wholesale nursery on the rear portion of the property, permitting both the residence and nursery operations to coexist on the subject property. Retail and wholesale nurseries are allowed uses within the City’s Agricultural (A) zoning district; however, a retail nursery requires approval of a Special Exception by City Council. Based on a preliminary review, the subject property appears to meet all the applicable criteria outlined in the Land Development Code (LDC) to allow a retail nursery within the Agricultural (A) zoning district. The requested City Agricultural (A) zoning district is suitable for this location and is compatible with the surrounding properties, as well as consistent with the proposed Rural Transition (0-2 units per acre) FLU designation. Any development of the subject property will be reviewed through either the building permit or the Development Review process, based on the type of improvement proposed. All development on the property will be required to comply with the requirements in the LDC to ensure compatibility between land uses, such as scale of development, height, setbacks, landscape buffers, and design. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Action (11/20/2025): Recommended Approval (5-0) In the 2025 legislative session, the Florida Legislature passed Senate Bill 954, which requires local governments to adopt an ordinance establishing a process for applicants seeking reasonable accommodations from land-use regulations that would otherwise prohibit the establishment of a certified recovery residence. On June 25, 2025, Governor DeSantis approved Senate Bill 954, which was codified into law as Chapter 2025‑182, Laws of Florida. Chapter 2025‑182 establishes new regulatory requirements for certified recovery residences in Florida, effective July 1, 2025. Pursuant to Section 397.487, Florida Statutes: "By January 1, 2026, the governing body of each county or municipality shall adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction . The ordinance must include a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence." Certified recovery residences offer structured, supportive living environments for individuals recovering from substance use disorders. Typically operated as group living arrangements, these residences can present zoning and land-use challenges related to occupancy limits, neighborhood compatibility, and use classifications. The proposed amendment to Chapter 16 of the Land Development Code (LDC) to ensure compliance with Section 397.487, Florida Statutes, and Senate Bill 954, Ch. 2025-182, Laws of Florida: Creates a new section in Chapter 16 with definitions that apply to certified recovery residences, along with procedures for review of applications for certified recovery residences. Specifies that certified recovery residences may be established only within the following three city-designated multi-family residential zoning districts (R-3L, R-3M, and R-3H), except where reasonable accommodations are requested and approved. Provides for the reasonable accommodation to be consistent with the federal Fair Housing Amendments Act that requires land use regulations for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. Provides for reasonable accommodation if any local land use regulation prohibits the establishment of a certified recovery residence. Provides criteria for the city to consider a reasonable accommodation request for establishing a certified recovery residence. Provides a timeframe to process an application for a certified recovery residence. Provides for final determinations to be issued within sixty (60) days of receipt of a completed application, unless the parties involved agree in writing to a reasonable extension of time. Provides for the determination to be approved in whole or in part, with or without conditions; or denied, stating with specificity the objective, evidence-based reasons for denial, and identifying any deficiencies or actions necessary for reconsideration. Provides a spacing requirement that a certified recovery residence shall not be located within a radius of 1,000 feet of another certified recovery residence or within a radius of 1,200 feet of an existing community residential home, as defined in Section 419.001(1)(a), Florida Statutes, unless the applicant demonstrates that closer proximity will not alter the neighborhood’s residential character and will best meet residents’ needs. Stipulates that the requirements for certified recovery residence do not supersede any current or future declarations of condominium or covenant or any cooperative document. | attachments=4 | reports=1