Port Orange City Council approves multiple land use and code amendments; consent items 5–10 approved

attachments=1

The projects associated with this Florida Department of Transportation (FDOT) Locally Funded Agreement (455174-1-32-01) include the design of two (2) new turn lanes and two (2) extensions to existing turn lanes at the intersection of Madeline Avenue and Nova Road (SR 5A), and the extension to an existing right turn lane at the intersection South Swallow Tail Drive and Dunlawton Avenue (SR 421), along with associated pedestrian improvements at these intersections. These improvements are anticipated to increase roadway capacity by removing turning vehicles from the through lanes, thereby improving intersection efficiency and safety. On September 18, 2024, as part of the FY 25 Capital Improvements Program (CIP), the City Council approved the estimated matching funds for the design of the Madeline Ave. at Nova Road (SR5A) intersection and South Swallow Tail Drive at Dunlawton Avenue (SR 421) intersection improvements identified as Port Orange Project CD251. This Port Orange project is currently in the FDOT’s Adopted Five-Year Work Program. For this project, the City will utilize VHB, FDOT District 5's contract design consultant, to prepare the design plans and obtain permits for these turn lanes. The general location and scope of the five (5) turn lane projects are described and shown below. 1. Design of an eastbound right-turn lane on Madeline Avenue at the intersection with Nova Road. Once the design is substantially complete, a right-of-way acquisition phase may be required. 2. Design of a westbound right-turn lane on Madeline Avenue at the intersection with Nova Road. Once the design is substantially complete, a right-of-way acquisition phase may be required. 3. Design to extend the eastbound left-turn lane on Madeline Avenue at the intersection with Nova Road within the existing right-of-way. 4. Design to extend the westbound left-turn lane on Madeline Avenue at the intersection with Nova Road within the existing right-of-way. 5. Design of an eastbound right-turn lane on Dunlawton Avenue at the intersection with South Swallow Tail Drive within the existing right-of-way. Location Map of the four (4) turn lane projects at the intersection of Nova Road and Madeline Avenue, and one (1) turn lane project at the intersection of South Swallow Tail Drive and Dunlawton Avenue The negotiated design fee for this project is $636,965. FDOT agrees to provide the federal participating share of the Design services, up to $558,877. The City share will be $78,088 (12.3% of the design fee). Funds are budgeted and available for design in Project CD251. Approval of this Resolution and Locally Funded Agreement will facilitate the issuance of a Notice to Proceed to the design consultant in Spring 2026. It is anticipated that design and permitting will be completed in 2027. FDOT has programmed Right-of-Way Acquisition in 2029 and Construction in 2031. | attachments=3 | reports=1

The Federal Emergency Management Agency (FEMA)'s National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development in floodplains. Volusia County communities participate in the NFIP, allowing all property owners to acquire Federal flood insurance policies. The Community Rating System (CRS) is a voluntary program under the NFIP that qualifies participating communities for reduced rates on flood insurance policies. The rating system is based on 19 activities that receive credit points by implementing local mitigation, outreach, and education activities that go well beyond minimum NFIP requirements. The communities of Daytona Beach, Daytona Beach Shores, Deltona, Edgewater, Holly Hill, New Smyrna Beach, Ormond Beach, Ponce Inlet, Port Orange, South Daytona, and Volusia County currently participate in the CRS. The total savings for all Volusia County communities that participate in the CRS is approximately $1,964,356 and the total savings for policy holders in Port Orange is approximately $182,645 based on flood policies in effect as of January 2025. The CRS program provides extra benefits for partnering with other jurisdictions to develop and implement PPI (Program for Public Information) Plans covering a broader, multi-jurisdictional area. By collaborating on existing outreach projects, more information is provided in all communities in a more efficient and effective manner. Communities have an opportunity to improve their CRS Class Rating, which results in lower insurance premiums through higher discounts. The M-J PPI Plan is a coordinated flood hazard outreach program for the purpose of building community resilience to flooding by improving communication with citizens and providing information about flood hazards, flood safety, flood insurance and ways to protect property and natural floodplain functions to those who can benefit from the information. The original M-J PPI Plan ("Plan") was adopted by the City Council on January 19, 2016. Every five years, the Plan is required to be updated. City Council adopted updates to the Plan on January 19, 2021. Staff from all Volusia County CRS communities met and collaborated on the development of the updated 2025 Plan. During the two 2025 M-J PPI Plan update meetings, the committee discussed key data trends relevant to public outreach, including declining flood insurance policies inside and outside Special Flood Hazard Areas and rising numbers of repetitive loss properties. Members noted that population change, particularly among new residents, reinforces the need for consistent and targeted outreach, while the decline in flood insurance participation and increases in repetitive loss buildings underscore the importance of strengthening flood risk awareness, insurance education, and mitigation-focused messaging. Specific outreach for Port Orange residents includes an annual flood guide mailed to all households in the floodplain, annual letters to all repetitive loss properties, flood and flood insurance awareness articles in City newsletters and social media posts. The Plan becomes effective upon adoption by all participating communities and creditable CRS points can then be received. The M-J PPI Committee will continue to meet annually to monitor and evaluate the program. There is no additional expenditure associated with this program since the department responsible for the implementation has already accounted for the implementation in the approved budget. The M-J PPI Plan has a positive impact resulting from extensive outreach to the public. | attachments=1 | reports=1

Staff is requesting City Council approval to purchase the property located at 798 Sugar House Drive for $390,000 plus authorize closing costs not to exceed $10,000. The homeowner contracted with a local appraisal company to provide a report on the fair market value of the property. The seller is offering the property at $390,000, equal to the appraised value of the property. At its August 19, 2025 meeting, the City Council approved Resolution No. 25-39 authorizing the City to enter into the Hurricane Idalia HMGP Grant Agreement (No. H1201) with the Florida Division of Emergency Management (FDEM). This agreement provides reimbursement of 75% of the cost to acquire and demolish three (3) single-family homes located at 5899 Trailwood Drive, 798 Sugar House Drive, and 893 Sugar House Drive, using funds from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Project Number 4734-002-R. The purchase agreements for 893 Sugar House Drive and 5899 Trailwood Drive were approved at the February 17, 2026, City Council meeting. Location map for 798 Sugar House Drive The property owner at 798 Sugar House Drive has reviewed and signed the sale and purchase agreement. The Hurricane Idalia HMGP Grant Agreement (No. H1201) provides $1,062,140 in federal funding toward the acquisition and demolition of the three homes, with the remaining $337,090 representing the City’s required cost share. The City’s cost share for all three properties was budgeted in the FY 25 Capital Improvement Plan (CIP). The purchase price, closing costs, and demolition costs for 798 Sugar House Drive are estimated at $441,775, with $331,331 to be reimbursed with federal funds and the remaining $110,444 as the City’s cost share. The HMGP assists communities in implementing hazard mitigation measures following a presidential major disaster declaration, thereby reducing the risk of future impacts. The acquisition of this FEMA Flood Mitigation Assistance Repetitive Loss home will permanently eliminate the risk of future flood damage. All acquisition activities are voluntary and conducted in compliance with Title 44, Code of Federal Regulations (CFR), Part 80, and all activities associated with the acquisition and demolition will be conducted in compliance with all applicable federal, state, and local rules and regulations. Upon acquisition by the City, the existing home will be demolished, and the property will be maintained as open space for stormwater management. As part of the Pepper Hill stormwater project, the City plans to replace the existing 15″ x 21″ oval corrugated metal pipe along the western property line. Ownership of 798 Sugar House Drive will allow the pipe to be upsized, improving drainage from Sugar Forest to the Madeline Avenue drainage ditch. The property will also provide enhanced access to the ditch along Madeline Avenue. Following the closing, demolition activities will commence. Reimbursement requests may be submitted after demolition is completed. The acquisition and demolition of the property is anticipated to be completed by Summer 2026. In accordance with the agreement terms, the City has until April 30, 2029, to complete all required activities, if necessary. | attachments=2 | reports=1

On February 17, Council approved the Option to Purchase Contract for the purchase of 842 Bears Trail. The purchase of this property and the neighboring property located at 846 Bears Trail support the Nixon Lane Stormwater Pond and Pump Station Project. This agenda item requests City Council approval of the First Amendment to the Option Contract to Purchase the property located at 842 Bears Trail for the Nixon Lane Stormwater Pond and Pump Station Project. The First Amendment authorizes a Post-Closing Occupancy Agreement that allows the seller to remain in the home for up to 90 days following closing. The agreement establishes a rental rate of $1,500 per month during the occupancy period; however, the rental amount will be suspended if the seller vacates the property within the 90-day timeframe. This provision provides additional time for the seller to relocate after conveyance of the property to the City. The amendment does not modify the purchase price or other substantive terms of the original Option Contract and does not affect the overall project schedule. Approval of the First Amendment will allow the City to move forward with closing while accommodating the seller’s short-term occupancy needs. | attachments=1 | reports=1

Every two years, the Volusia County Mosquito Control Division requests authorization from the City to perform low-level flights over the city in connection with their aerial inspection and application of insecticides for the control of adult and larval mosquitoes, in compliance with Federal Aviation Administration (FAA) regulations. Volusia County Mosquito Control received and responded to over 500 requests for service within and adjacent to the City in Fiscal Year 2025. The ability to apply mosquito control products by air is critical in their mission to protect the health of the public within the County. The request is for authorization during the calendar year of 2026 through June 30, 2028. | attachments=1 | reports=1

BIK Boom Trucks LLC (BIK) has requested an amendment to its previously approved Economic Incentive Agreement (EIA) with the Eastport Business Center Community Redevelopment Area (CRA) and the City of Port Orange for additional reimbursement of up to $14,685.00 for gopher tortoise mitigation costs. In October 2025, BIK purchased the adjacent vacant lot north of their existing facility, with plans to initially develop it as a storage yard for finished trucks awaiting shipment to clients. According to BIK, the storage yard will allow these trucks to be parked outside the manufacturing facility, thereby providing additional space inside for truck assembly. This will enable BIK to more efficiently fulfill requests and continue expanding its business within the Southeast, which may eventually require additional manufacturing space at the Port Orange site. Location map of the current BIK property at 4460 Eastport Parkway and the recently purchased property at 4440 Eastport Parkway Prior to developing the recently purchased property as a storage yard, a Gopher Tortoise Study prepared by GAIA Environmental Group (January 2025) identified 11 potentially active burrows on the ±1.3-acre site. The estimated cost to permit and relocate the gopher tortoises to the City of Port Orange’s off-site mitigation area is approximately $14,685.00. Under the proposed amendment to the EIA, the applicant would complete the permitting and relocation process, and the CRA would reimburse the actual cost, not to exceed $14,685.00. The funds used to reimburse the permitting, removal, and relocation costs would come from the CRA’s fund balance, which at the end of FY 2025 was over $1,300,000 and may be allocated to any project identified in the current Eastport CRA Plan, including development incentives. BIK has submitted a site plan to develop the storage yard and integrate the property with the current site. Site construction cannot begin until all gopher tortoises have been relocated in accordance with an approved Conservation Permit from the Florida Fish and Wildlife Conservation Commission (FWC). Development sites of this size in Port Orange typically do not have such a high concentration of gopher tortoises. However, this site and properties to the west contain a significantly greater number than other recently developed sites in the area. Prior to the commencement of any site development in Port Orange, a survey is required to determine the presence of gopher tortoises. The Eastport CRA Redevelopment Plan allows incentives for businesses locating or expanding within the CRA, as outlined in Chapter 20 of the City’s Land Development Code (LDC). The Targeted Business Program is designed to promote new development and redevelopment, reward the creation and retention of value-added jobs, attract targeted businesses, revitalize redevelopment areas, expand the nonresidential tax base, and diversify employment opportunities. Incentives may be extended to retain, enhance, or relocate targeted businesses within the city. In November 2025, BIK received approval of an Economic Incentive Agreement (EIA) for reimbursement of development fees that have already been paid ($103,041.93), along with future reimbursement or waiver of building permit fees for site lighting, signage, and fencing, in addition to any required Eagle monitoring fees, with the combined total of these future reimbursements/waivers not to exceed $19,000. As part of the proposed amendment, BIK requests that the already-approved $19,000 for future reimbursement or waiver apply to site development and site inspection fees, in addition to building permit fees for site lighting, signage, and fencing, and any required Eagle monitoring fees. If the amendment to the BIK EIA is approved, the total reimbursement requested for this project will be $136,726.93. According to the applicant’s letters of request, BIK is making a $6,000,000 investment in the City. The request letter states that BIK, headquartered in Toronto, Ontario, has selected the Port Orange site to expand its assembly, customization, and service operations of specialized boom trucks for Florida and the Southeast region (BIK Boom Trucks on YouTube). The project is part of BIK’s expansion plan. The ±18,723-square-foot building (1st Floor – 15,620 sq. ft.; 2nd Floor – 3,103 sq. ft.) will serve as BIK’s U.S. headquarters and is anticipated to be completed in late 2026. Over the past five years, the City has approved three Economic Incentive Agreements (EIAs) for projects in Eastport: Be Strong, Pioneer Arms, and Sea Tow. These projects proposed buildings ranging in size from 10,000 to 20,000 square feet, with approved reimbursement or waiver amounts between $28,000 and $45,000. At the time those requests were submitted, the reimbursement or waiver amounts were based on estimated, not actual, costs for site work, building construction, and mitigation. Two of the three previously approved EIAs (Be Strong and Pioneer Arms) have since expired, as those projects did not move forward. When those EIAs were approved in 2022–2023, the reimbursement or waiver amounts ($42,000–$45,000) did not include gopher tortoise mitigation costs, as those were not known at the time of the requests. In addition, site and building inspection fees were lower because overall construction and infrastructure costs were approximately 30% to 40% lower than current levels. These factors contribute to the higher reimbursement or waiver amount requested by BIK compared to the prior Be Strong and Pioneer Arms EIAs. The BIK request is based on current construction and mitigation costs. | attachments=3 | reports=1

Planning Commission Recommendation (2-26-26): Recommended Approval 3-2 The Comprehensive Plan amendment proposed by the applicant, Paylin Acres, LLC, on behalf of the property owners, would change the Future Land Use (FLU) designation for a ±56.53-acre property located on the west side of Airport Road, north of Charles Street. Most of the property consists of cleared, vacant pastureland, with a single-family home, detached garage, and pole barn located at the northeast corner. Based on aerial imagery available to staff, the subject property has been cleared pastureland since at least 1978. According to the environmental report by Young Bear Environmental (YBE) Consulting, there are no wetlands. If the Comprehensive Plan amendment is approved, the applicant is proposing to rezone the ±56.53-acre property to the City of Port Orange R-20SF – Single-Family Residential Zoning District (Case No. REZONING-26-0001) and submit a development application for a 50-lot single-family residential subdivision. The ±56.53-acre subject property was annexed into the City of Port Orange in June 2025. As discussed during the annexation public hearings, the next steps under Florida Statutes require assigning a City Future Land Use (FLU) designation and a City zoning classification. In October 2025, the City Council denied applications for a Future Land Use (FLU) amendment and Planned Unit Development (PUD) rezoning that would have allowed for the development of a proposed 113-unit single-family residential on the property. Location Map of the ±56.53- acre property located on the west side of Airport Road, north of Charles Street According to the Land Development Code (LDC), when a rezoning application is denied by the City Council, a subsequent application for a similar rezoning affecting the same parcel may not be submitted for a period of 12 months from the date of denial. The prior application for this property involved a Planned Unit Development (PUD) rezoning, which was denied. The applicant is now requesting the establishment of the City of Port Orange Rural Transition (0–2 dwelling units per acre) Future Land Use (FLU) designation and a conventional R-20 Single-Family zoning district to support a proposed 50-lot residential subdivision. Because the current request involves a different zoning classification than the previously denied PUD, it is not considered a similar rezoning under the LDC. Therefore, the application may be submitted within 12 months of the prior denial The applicant’s proposed Comprehensive Plan amendment consists of two requests: 1. Amend the Future Land Use (FLU) Map to change the FLU designation for ±52.96 acres from Volusia County Agriculture Resource (1 unit/10 acres) to City of Port Orange Rural Transition (0-2 units/acre). 2. Amend the Future Land Use (FLU) Map to change the FLU designation for ±3.57 acres of Volusia County Urban Low Intensity (0-4 units/acre) to City of Port Orange Rural Transition (0-2 units/acre). Current and Proposed Future Land Use Map for the ±56.53-acre property located on the west side of Airport Road, north of Charles Street The subject property meets the locational criteria in the City’s Comprehensive Plan for the Rural Transition FLU designation as the subject property is situated adjacent to Spruce Creek, bordered by agricultural land to the south and developed residential neighborhoods to the north, northeast, and west. Urban services (water, sewer, and reclaimed water) are available in the Airport Road right-of-way to serve the site. The applicant proposes to submit development plans for a 50-lot single-family subdivision (approximately 1 unit per acre), contingent upon approval of the Future Land Use Amendment and Rezoning. The proposed subdivision is below the maximum allowable density of 2 units per acre under the Rural Transition FLU designation. The applicant’s proposed Comprehensive Plan amendment is generally consistent with the Goals, Objectives, and Policies of the City’s Comprehensive Plan and meets the locational criteria for the requested future land use designation. Based on the analysis of the proposed amendment's impact on public facilities and services, adequate capacity exists for potable water, sewer, schools, recreation, and solid waste to accommodate the proposed amendment. As for traffic, any future specific subdivision development proposals will be subject to concurrency regulations requiring adequate roadway improvements to be built or payment being made toward improvements to mitigate any roadway capacity impacts created by the proposed development. As for stormwater retention, at the time the property is developed, improvements in accordance with the requirements of the City’s Land Development Code, St. Johns Water Management District, Florida Department of Environmental Protection, and Volusia County will be required, so there is no net loss of stormwater retention function on the subject property due to development. Although a complete Traffic Impact Analysis (TIA) is not required at this time, a Traffic Memorandum, according to the City’s and Volusia/Flagler Transportation Planning Organization (VFTPO) adopted guidelines for a Comprehensive Plan Amendment, has been prepared by the applicant’s traffic engineering firm, LTG Engineering & Planning, and has been reviewed by staff. Based on the theoretical maximum density allowed by the City’s Rural Transition FLU designation, it is estimated that 111 PM peak hour trips and 1,129 daily trips could be generated. In the Traffic Memorandum prepared, only one roadway segment (Pioneer Trail from Airport Road to Turnbull Bay Road) was identified that may be above the adopted level-of-service standard, and as required by the Land Development Code and Florida Statutes, the future subdivision plat and plan for the subject property will be subject to all traffic concurrency regulations requiring adequate public facilities to be provided or to mitigate any impacts created by the proposed development. Approval of a Tri-Party Transportation Fair-Share Agreement between the City of Port Orange, Volusia County, and the Developer may be required to address impacts to the roadway network. Public Notice signs were posted on the subject property on Wednesday, February 4, 2026. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Recommendation (2/26/26): Recommended Approval 3-2 The applicant, Paylin Acres, LLC, on behalf of the property owners, is requesting to rezone approximately 56.53 acres consisting of 52.96 acres of Volusia County A-1 (Prime Agriculture) and 3.57 acres of Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF. The subject property is located on the west side of Airport Road, north of Charles Street. If the rezoning is approved, the developer, Paytas Homes, intends to submit a development application for a 50-lot single-family residential subdivision. The subject property was annexed into the City of Port Orange in June 2025. During the public hearings for the annexation, the applicant acknowledged that, upon approval of the annexation, the property would require assignment of a City Future Land Use (FLU) designation and a corresponding zoning classification. In October 2025, the City Council denied applications for a Future Land Use (FLU) amendment and a Planned Unit Development (PUD) rezoning that would have allowed the development of a proposed 113-unit single-family residential project on the property. According to the Land Development Code (LDC), when a rezoning application is denied by the City Council, a subsequent application for a similar rezoning affecting the same parcel may not be submitted for a period of 12 months from the date of denial. The prior application for this property involved a Planned Unit Development (PUD) rezoning, which was denied. The applicant is now requesting the establishment of a City of Port Orange conventional R-20 Single-Family zoning district to support a proposed 50-lot residential subdivision. Because the current request involves a different zoning classification than the previously denied PUD, it is not considered a similar rezoning under the LDC. Therefore, the application may be submitted within 12 months of the prior denial. If the R-20SF rezoning request is approved, the applicant will be required to submit detailed subdivision plans that comply with all current City subdivision requirements in the LDC and City Standard Construction Details, and applicable State and regional permitting requirements from St. Johns River Water Management District (SJRWMD), Department of Environmental Protection (DEP), and Volusia County. At the time a conventional rezoning is requested, detailed subdivision plans are not required and are often not yet prepared. In this case, the applicant has indicated that detailed engineered subdivision plans have not been finalized, as they are seeking confirmation that the requested rezoning and Comprehensive Plan amendment will be approved before proceeding with full design. Location Map of the subject property located on the west side of Airport Road, north of Charles Street According to the Land Development Code (LDC), the proposed R-20SF single-family residential zoning district is intended to serve as a transitional zone between rural low-density areas and medium/high-density areas, both to protect agricultural pursuits and rural residences and to provide for desirable suburban residential densities. The R-20SF zoning district requires a minimum lot width of 100 feet and a minimum lot area of just under one-half acre. Examples of existing subdivisions in Port Orange that are zoned R-20SF include Broken Bow Estates and the Winter Park Subdivision, both located off Central Park Boulevard. Current and Proposed Zoning Map A majority of the 56.53-acre property consists of cleared, vacant pastureland, with a single-family home, detached garage, and pole barn located at the northeast corner. Based on aerial imagery available to staff, the subject property has been cleared pastureland since at least 1978. According to the environmental report by Young Bear Environmental (YBE) Consulting, there are no wetlands. If the rezoning request is approved, future development of the subject property must comply with all the landscaping, tree preservation, and open space requirements in the LDC. These requirements will be formally reviewed during the city staff's review of the final subdivision plat and construction plans to verify compliance. Future development of the subject property will be served by the City’s existing potable water, sanitary sewer, and reclaimed water facilities located within the Airport Road right-of-way. Any required infrastructure improvements associated with these utilities will be designed and constructed in accordance with the City’s Land Development Code (LDC). Based on the analysis in the staff report, adequate capacity exists for potable water, sewer, schools, recreation, and solid waste services to accommodate the proposed amendment. As for traffic, any future specific site development proposals will be subject to concurrency regulations requiring adequate roadway improvements to be built or payment being made toward improvements to mitigate any roadway capacity impacts created by the proposed development. As for stormwater retention, at the time the property is developed, improvements in accordance with the requirements of the City’s Land Development Code, St. Johns Water Management District, Florida Department of Environmental Protection, and Volusia County will be required. The subject property must retain its existing capacity to store stormwater on-site, and development may not result in any increase in stormwater discharge volume or peak discharge rate to the regional drainage system. The 56.53-acre subject property is located within the Spruce Creek Watershed Study area, which encompasses approximately 47,680 acres; the property represents less than 0.12% of the total study area. The study, being prepared for Volusia County by Halff Engineering, evaluates existing hydrologic conditions and water flow patterns within the watershed. It is intended to serve as a technical resource to assist with future drainage impact evaluations in conjunction with existing stormwater regulations and site-specific engineering review. The study is being completed in two phases. Phase I (B-21 Canal sub-basin) is expected to be completed in April 2026. Phase II, which includes the subject property, is expected in late 2026. The City of Port Orange is separately coordinating with the County’s consultant on an analysis of the B-19 Canal system. Map of the Spruce Creek Watershed Study Area and location of the subject property Public Notice signs were posted on the subject property on Wednesday, February 4, 2026. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Recommendation (2/26/26): Recommended Approval 5-0 Staff have been updating the Land Development Code (LDC) in phases over the past several years. The proposed amendments in this package are intended to enhance the existing Code as part of the City’s ongoing maintenance efforts. The amendments address issues encountered in applying the Code, including regulations for outdoor donation bins and temporary storage containers. CHAPTER 2 — DEFINITIONS AND INTERPRETATIONS AND CHAPTER 16 — MISCELLANEOUS REGULATIONS The proposed amendment to Chapter 16 of the Land Development Code (LDC) establishes clear, consistent, and enforceable standards for outdoor donation bins, replacing the previous practice of classifying them as part of a “service area.” Service area requirements in the LDC apply to mechanical equipment (HVAC units, meters, etc.) and elements that serve or are associated with a principal building use (dumpsters, tanks, etc.). Because donation bins are typically operated by separate organizations and are not an accessory to a principal building, staff is proposing specific requirements for donation bins. Without regulations for the placement or maintenance of outdoor donation bins, bins can become unsightly, attract illegal dumping, create traffic or pedestrian hazards, and accumulate trash. Establishing requirements helps ensure bins are safe, accessible, and well-maintained. The following outdoor donation bins would not be permitted if the amendment is approved. Example of existing donation bins that do not comply with proposed requirements The amendment adds a definition for “donation bin” and establishes standards addressing location, size, appearance, number, operation, and maintenance. The regulations are designed to improve aesthetics, public safety, ensure site functionality, and provide clear enforcement mechanisms. Key provisions of the amendment include: Permitted Locations: Donation bins are permitted only on approved, developed, and occupied non-residential sites within commercial and industrial zoning districts, as well as on sites of nonprofit organizations and houses of worship. Prohibited Locations: Donation bins would not be permitted on residentially zoned properties, unoccupied sites, or within the Port Orange Town Center Community Redevelopment Area. Quantity Limits: One bin per parcel under five acres; two bins per parcel five acres or larger. Placement & Safety Standards: Bins must be located on paved surfaces, may not obstruct required parking, access drives, loading areas, or fire lanes, and must be securely anchored. Setbacks: Minimum 100-foot setback from residential uses or zoning districts and arterial roadways. Size & Appearance: Limited to 35 square feet in area and 7 feet in height; must be earth-tone or pastel in color. Operation & Maintenance: Items must be fully contained within the bin; no outdoor storage or processing permitted. Property owners and permit holders are jointly responsible for maintenance and compliance. Signage: Limited informational signage is permitted; no off-site commercial advertising allowed. Required charitable registration signage must comply with Florida Statutes. The amendment would require City approval before any donation bin is placed. Applicants must submit a site plan or scaled drawing, bin specifications, and written property owner consent. Approval would be issued through a city permit. Staff reviewed existing donation bins throughout the city and found that most do not meet the proposed standards. If adopted, existing bins would be required to obtain a permit and demonstrate compliance or be removed. This amendment provides a clear regulatory framework to ensure donation bins are appropriately located, maintained, and compatible with surrounding development. CHAPTER 16 — MISCELLANEOUS REGULATIONS The proposed amendment to the Land Development Code (LDC) establishes regulations for temporary storage containers (e.g., PODS) on non-residential properties, which are not currently addressed in the LDC. These containers are commonly used during construction, renovation, tenant improvements, repairs, or damage restoration to store furniture, equipment, tools, and materials. The LDC currently has no specific standards for temporary storage containers on non-residential properties associated with construction and renovation projects. Under the proposed amendment, temporary storage containers would be permitted only in association with active building permits or approved site improvements. Containers would be allowed for the duration of the permit and must be removed prior to issuance of a Certificate of Occupancy, Certificate of Completion, or final inspection. The Administrative Official, (defined in the Code of Ordinances as any department head reporting to the City Manager) may grant approval for unique circumstances or extensions when warranted. This amendment provides consistent standards for temporary storage containers on non-residential properties while ensuring compliance with construction and site improvement regulations. The Staff Report is attached for more information. | attachments=3 | reports=1

Planning Commission Recommendation (2/26/26): Recommended Approval 5-0 Staff has been updating the Land Development Code (LDC) in phases over the past several years. The proposed amendments in this package are intended to enhance the existing Code as part of the City’s ongoing maintenance efforts. The amendments address issues encountered in applying the Code, including the method for determining whether a color qualifies as an earth tone or pastel, and clarification of color regulations for murals. CHAPTER 2 — DEFINITIONS AND INTERPRETATIONS AND CHAPTER 14 — ARCHITECTURAL DESIGN The Land Development Code (LDC) currently requires that the color of structures other than single-family homes, duplexes, or mobile homes be limited to earth tones or pastels, with other colors, excluding fluorescents, not exceeding twenty percent of any single elevation. The proposed amendment does not change the allowed colors for a non-residential structure; rather, it updates the method for determining whether a color qualifies as an earth tone or pastel to align with current paint industry standards. Since the mid-1990's, the LDC has defined earthtone and pastel colors based on the percentage of black or white in a given hue. However, this method is outdated, as modern paint colors are mixed from multiple bases and cannot be accurately measured by black or white content alone. Today, the paint industry uses the Light Reflectance Value (LRV) as an objective, measurable standard to determine a color’s lightness or darkness. This proposed amendment updates the LDC to align with current paint industry standards, ensuring a consistent, accurate method for determining whether a color qualifies as an earth tone or a pastel. Light Reflectance Value (LRV) is a measure of visible and usable light that is reflected from a surface when illuminated by a light source on a zero (0) [absolute black] to 100 [pure white] scale. The higher the LRV, the lighter and brighter the color. The lower the LRV, the darker, more saturated the color. The LRV numeric scale is measurable and listed on all paint chips and samples. The proposed amendment establishes LRV limits for earth tones with an LRV of 25 or greater, pastels with an LRV of 80 or greater, and peaches, pinks, lavender, blues, and greens with an LRV of 65 or greater. In preparing this amendment, City staff consulted with employees at Home Depot, Lowe’s, and Sherwin-Williams to confirm that LRV is the current standard used in their stores and to verify that it is the recognized method for measuring a color’s lightness and brightness. Below are paint sample cards from Sherwin-Williams illustrating two shades of green. Agate Green has an LRV of 34 and is classified as an earth tone, while Topiary Tint has an LRV of 65 and is classified as a pastel color. Although both colors are green and part of the same color family, the difference in LRV demonstrates a variation in depth and brightness. Examples of paint sample cards from Sherwin-Williams showing the LRV for earth tone and pastel colors Below are paint sample cards from Sherwin-Williams illustrating two shades of blue. Lakeshore has an LRV of 27 and is classified as an earth tone, while Open Air has an LRV of 70 and is classified as a pastel color. Although both colors are blue and part of the same color family, the difference in LRV demonstrates a variation in depth and brightness. Examples of paint sample cards from Sherwin-Williams showing the LRV for earth tone and pastel colors CHAPTER 15 - SIGNS The City’s Land Development Code establishes color standards for non-residential buildings, generally requiring exterior colors to be earth tones or pastels. These standards ensure compatibility with other buildings and maintain a cohesive visual character. However, the existing code does not specifically address murals and their unique role in public art and creativity. The code currently allows murals on a principal structure, an accessory structure, a fence or wall, or another structure on a commercial lot, but does not address the allowed colors. The proposed text amendment clarifies that a mural shall not be subject to the color regulations otherwise required for buildings, except that reflective or fluorescent colors shall not be used, and allows murals to use colors beyond earth tones and pastels to encourage creativity and recognize murals as unique works of art. Reflective and fluorescent paints remain prohibited to maintain safety and visual appropriateness, while providing clear guidance for staff and property owners. The Staff Report is attached for more information. | attachments=3 | reports=1