Port Orange City Council Regular Meeting — August 5, 2025

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Currently, the City is responsible for the operation and maintenance of twelve traffic signals and the associated control devices within the City boundary, as outlined in the Interlocal Agreement with Volusia County (see list below). All other traffic signals in the city are owned by either FDOT or Volusia County. The current agreement is set to expire on September 30, 2025. The new Interlocal Agreement with Volusia County is for a term of three years, covering Fiscal Years 2026 through 2028. The terms, conditions, and payment are consistent with the previous agreements. The scope includes preventive maintenance, flasher inspection and timing, signal rebuilds, emergency repairs, and support services for design modifications and signal timing. The compensation structure continues to be based on time, materials, and equipment. Public Works utilizes these services on an as-needed basis, funded through the General Fund account for Traffic Signal Maintenance. Staff recommends approval of the new Interlocal Agreement, as it provides a cost-effective approach to maintaining city-owned traffic signals and their control devices through local resources. Location of traffic control devices in the City: Spruce Creek Rd. & Eastport Pkwy. Williamson Blvd. & Madeline Ave. Williamson Blvd. & Willow Run Blvd. Taylor Rd. & Summer Trees Rd. S. Williamson Blvd. & Summer Trees Rd./Pavilion Spruce Creek Rd. & Central Park Blvd. Taylor Rd. & Devon St. S. Williamson Blvd. & Town West Blvd. S. Williamson Blvd. & McGinnis Ave. Taylor Rd. & Boggs Ford Rd. Taylor Rd. & Crane Lakes Blvd. Town West Blvd. Fire Station #75 | attachments=1 | reports=1

As a recipient of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), the City of Port Orange is eligible for annual allocations in support of an approved 5-Year Consolidated Plan. The Annual Action Plan serves as the City’s application for the eligible annual funding, and describes needs, goals, and objectives in support of the 5-Year Consolidated Plan. The City of Port Orange was notified of the anticipated PY2025 (October 1, 2025 – September 30, 2026) CDBG allocation of $354,806. To receive these funds, the City must submit an application in the form of an Annual Action Plan that is consistent with the City’s Five (5) Year CDBG Consolidated Plan, as approved by HUD. The staff is proposing that the City’s PY2025 CDBG allocation of $354,806 be expended on the Memorial Park Multi-Use Trail Project. The proposed PY2025 Annual Action Plan has been made available for review through the City’s CDBG web page. In addition, the opportunity for public comment was advertised in the Hometown News on July 4, 2025, in compliance with the City’s Citizen Participation Plan. The required citizen comment period, including a public hearing that was held on July 8, 2025, ends on August 8, 2025. Upon approval by the City Council, this plan will be submitted to HUD for review and approval. | attachments=4 | reports=1

In June 2025, the City received notification that the Florida Department of Environmental Protection (FDEP) had awarded a grant totaling $911,826 for the Harbor Road Spruce Creek/Rose Bay Septic-to-Sewer Conversion Project. Although the project area (shown below) is located outside the City limits, the City provides utility services to this area and the project represents a milestone in the City's ongoing efforts to protect local water quality and improve public infrastructure. The project aims to transition approximately sixty (60) single-family homes and two (2) commercial properties from aging and potentially failing septic systems to a centralized sanitary sewer system. This conversion will help reduce nutrient loading and minimize the risk of groundwater contamination, particularly in the environmentally sensitive Spruce Creek and Rose Bay watersheds. The scope of work includes: Installation of approximately 3,700 linear feet of 8-inch PVC gravity sewer lines Construction of 16 sanitary sewer manholes Installation of approximately 1,200 linear feet of 6-inch sewer force main Construction of a new municipal lift station to convey wastewater to the treatment facility The current engineer's estimate of construction cost is $1.3 million. The City will be responsible for covering anything over the grant amount of $911,826. The funds to cover the City's match are included in the current Fiscal Year CIP. These costs will be offset by the revenue from utilities billed for this area. | attachments=2 | reports=1

Planning Commission Action (6/26/25): Recommended Approval 6-0 Current state legislation regulating home-based businesses (House Bill 403, amending Section 559.955, Florida Statutes) significantly limits the authority of local governments to regulate home-based businesses. HB 403 requires municipalities to permit home-based businesses in residential zoning districts and prohibits local regulations that treat them differently from other businesses within the same jurisdiction. The City’s current home-based business regulations in the Land Development Code (LDC) are no longer enforceable due to the preemptive nature of HB 403. Staff is proposing to amend the City’s LDC to align with the requirements of Section 559.955, Florida Statutes, similar to other municipalities across Florida. The proposed text amendment ensures legal compliance and provides clarity to residents and businesses regarding home-based business operations. Prior to HB 403, the City permitted home-based businesses in all residential zoning districts under certain restrictions. Any business not meeting these requirements was not permitted as a home-based business. These restrictions included: A prohibition on outside employees. A ban on specific business types (e.g., beauty/barber shops, vehicle or boat repair, photography studios). Signage limitations. Prohibition of outdoor storage related to the business; and Limits on the portion of the dwelling used for business purposes. Under state law, local governments must allow home-based businesses to operate in residentially zoned areas and may not impose regulations or licensing requirements that differ from those applied to other businesses within the jurisdiction. However, municipalities retain the authority to: Require the submittal of a home-based business application. Limit on-premises employees who reside off-site to no more than two. Regulate the parking and storage of trucks, trailers, or heavy equipment in the same manner as any other trucks, trailers, or heavy equipment parked or stored on residential property without a home-based business. Prohibit businesses that generate traffic levels higher than typical residential use. Ensure the property maintains a residential appearance and character. Prohibit operations within accessory structures. Regulate signage and business activities that produce excessive noise, vibration, smoke, odors, glare, or other disturbances inconsistent with residential neighborhoods. Regulate the use and storage of hazardous materials. The Staff Report is attached for more information. | attachments=5 | reports=1

Planning Commission Action (6/26/25): Recommended Approval 6-0 The proposed amendment is part of an ongoing effort to improve and update the Land Development Code (LDC). It is specifically intended to support the City's development and redevelopment goals citywide, particularly within the Port Orange Town Center Community Redevelopment Area (CRA) and the Eastport Business Center CRA. The amendment would allow developers of targeted businesses to request assistance, through an Economic Incentive Agreement (EIA), with fees or mitigation costs required by external County or State review agencies related to site preparation. These may include expenses such as permit or application fees, tree mitigation payments, gopher tortoise mitigation contributions, or relocation costs. This amendment does not change the existing EIA request process. All EIA requests will still require review by the City Council, which retains full discretion to approve or deny agreements for any business, including targeted businesses. Over the last several years, staff have prepared amendments to the LDC to support the City's redevelopment efforts. Those amendments included adding uses such as "Brewery" and "Farmers Market," incentives for the redevelopment of targeted businesses, establishing site development standards for the redevelopment of infill commercial properties, alternative signage options, and entertainment districts (Riverwalk and Down Under), and extending the time period after a Certificate of Occupancy is issued to request a refund of building permit and site development fees. As with the past amendments to support the City’s development and redevelopment efforts, the proposed amendment is intended to support the expansion of existing targeted businesses and encourage the development of new targeted businesses, specifically within the Port Orange Town Center Community Redevelopment Area (CRA) and Eastport Business Center CRA. The Staff Report is attached for more information. | attachments=5 | reports=1