Port Orange council tables request to partially release tree-conservation easement for 4629 Clyde Morris

Port Orange City Council voted 5-0 Tuesday to table a request from the owners of 4629 Clyde Morris to partially release tree-conservation easements on the site, saying council members wanted clearer conditions, replacement conservation language and final engineering before taking action.

The matter drew sustained public comment and council debate after Community Development Director Tim Burman told the council the property currently contains more than 25 specimen trees though the code requires eight, and that the two easements owners want vacated contain at most two specimen trees. "No trees can be removed with approval of this. So it has to come before the city to approve those," Burman said, describing staff support for the applicant while noting the site still exceeds required tree counts.

Why it matters: Council members said they wanted to avoid setting a precedent that weakens Port Orange’s long-standing emphasis on tree conservation. Councilman Green framed the issue in terms of the city’s identity: "This just kind of to me goes against what Port Orange is," he said, urging caution before releasing easements placed decades earlier.

What the owners said: Michael Soljana, who identified himself as one of the owners, said the back conservation area is overgrown with vines and invasive Brazilian pepper, and that one of the two specimen trees in the area appears half dead. He said the business—an existing frozen-dessert tenant and the owners’ planned restaurant expansion—needs flexibility to reconfigure retention and build a small patio, and that the maximum likely removal would be one specimen tree and removal of invasive vegetation. "We're more than willing in the future development process to create conservation easements on the other specimen trees we have in the front of the property," Michael Soljana told council.

Council response and next steps: Council members proposed options including (a) conditional approval only after recorded replacement conservation areas are submitted and recorded on the property, or (b) tabling to allow staff and the applicant to provide sketches showing the relocated conservation area, specimen-tree protection and retention reconfiguration. Councilman Foley moved to table the item; the motion was seconded and carried.

Votes at a glance (actions recorded at the meeting): - Motion to table consideration of partial release of tree-conservation easements for 4629 Clyde Morris (Agenda item 14): motion by Councilman Foley; second by Councilmember Tracy; outcome: tabled; tally: yes 5, no 0. Note: staff described a path to condition vacation on recorded replacement conservation areas elsewhere on the site that preserve specimen trees. - Consent agenda (items 5–13): approved 5–0 earlier in the meeting. - Letter supporting Volusia County request for amendments to SB 180 / SP 180: approved 5–0 (see separate council item). - Reappointment of Lieutenant Warren Carmen to the Police Pension Board (fifth member): approved by council voice vote.

Speakers on this item included: Councilman Green (Council member), Councilman Foley (Council member), Councilmember Tracy (Council member), Councilmember Sean (Council member), Councilmember Lance (Council member), Mayor Scott Stiltner (Mayor), Tim Burman (Community Development Director, City of Port Orange), Michael Soljana (property owner), Christopher Soljan (property owner), Robert Reinehagen (resident), Wayne (City Manager).

Clarifying details extracted from the record: staff said the site contains "over 25 specimen trees" while the code requires eight; only two of the specimen trees lie inside the conservation areas proposed for vacation; one tree in the remaining conservation area is historic and will not be disturbed; staff recommended the city require recorded replacement conservation areas before vacating the existing easements.

Meeting context: Council spent about 30 minutes on the item (discussion portion in the official record ran roughly from the item introduction through the roll call). The council directed staff to work with the applicant on specific replacement documents and return the item for formal action at a future meeting.

Ending note: Council indicated willingness to accommodate business growth if equivalent conservation protections and stormwater/retention solutions are recorded for the site before any easement vacation would be finalized.