City of Deltona

2345 Providence Blvd.

Deltona, FL 32725

Minutes

Planning and Zoning Board

Monday, June 23, 2025

1. CALL TO ORDER:

4:30 PM

Deltona Commission Chambers

The meeting was called to order at 4:30 pm.

2. ROLL CALL:

Present:6 -

Vice Chair Tara D'Errico

Member Ron Gonzalez

Member Pat Northey

Member David Stewart

Member Daniel Trojanowski

Alternate Larry French

Excused:3 -

Chair Andrea Cardo

Secretary Rachel Amoroso

Alternate Lori Warnicke

Absent:1 - Alternate Karen Neher

3. APPROVAL OF MINUTES & AGENDA:

None.

4. PRESENTATIONS/AWARDS/REPORTS:

None.

5. PUBLIC FORUM: Time permitted, public comments shall be limited to items on the

agenda and shall not exceed two minutes. Please be courteous and respectful of the

views of others. Personal attacks on Committee/Board members, City staff or

members of the public are not allowed and will be ruled out of order by the Chair.

Vice Chair D'Errico opened and closed public forum as there was none.

6. OLD BUSINESS:

None.

7. NEW BUSINESS:

Public Hearing - Ordinance No. 29-2025, Providing for imposition of a

Temporary Moratorium on issuance of Development Orders and

Permits and on the processing of Development Applications, City Code

Text Amendments, Rezonings, Comprehensive Plan Text and Land Use

Plan Amendments for development of residential dwelling units within

the City; Exemption specified development; Providing for waivers;

Providing for vested rights; Providing for appeals; Providing for

exhaustion of administrative remedies; Providing for a term not to

exceed nine (9) months unless extended by The City Commission as

provided by Law.

City Attorney Good read the title of Ordinance No. 29-2025 into the record.

Director Smith thanked the Board for attending the special meeting and explained that the

purpose of the meeting was to consider a nine (9)-month moratorium. He noted that the

moratorium would apply to residential development and is necessary due to the significant

increase in residential activity. He emphasized the need to review infrastructure capacity

before allowing additional growth.

City Attorney Good provided legal context and cited relevant case law and statutes,

including:

The Bert J. Harris, Jr., Private Property Rights Protection Act,

First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304

(1987), and

A June 27, 2002, informal Attorney General Opinion by Assistant Attorney General

Joslyn Wilson.

He also discussed Senate Bill 180, which is currently on the Governor’s desk. If

signed, this bill would prohibit certain governmental development restrictions between

August 1, 2024, and August 1, 2027. City Attorney Good stated that although it is

uncertain if the bill will be signed, the City should take proactive steps now.

Member Trojanoski, President of the Hampton Oaks HOA, expressed concern about

non-compliant retention ponds and called for developer accountability. He noted the

City hasn’t updated its impact fees in over ten years and emphasized the need to

address environmental and legal vulnerabilities.

Alternate Larry French, sitting on the dais, supported the moratorium. He clarified that

it will not affect vested or current projects and emphasized the need to update the

Comprehensive Plan and Land Development Code (LDC) to address environmental

issues and outdated regulations. He advocated for stronger design standards and

better tree preservation.

Member Northey asked about the timeline for updating the LDC and Comp Plan,

pointing out past inaction.

Director Smith responded that the zoning-in-progress for stormwater is still underway.

Attorney Good noted a moratorium can only be enacted for different reasons in the

future.

Member Northey requested clarification of the term residential development, which

Attorney Good defined to include single-family, cluster, and multifamily. Director Smith

added that all multifamily developments are now required to be mixed-use.

Member Stewart thanked staff for the presentation and asked about the timeline for

achieving moratorium goals. He expressed concern about the potential for litigation

and questioned whether a moratorium is necessary if the City is already working on

improvements. He questioned whether it was appropriate to use the moratorium as a

tool to ensure staff accountability.

Member Gonzalez expressed concern about the legal risk and financial burden to

taxpayers. He suggested tabling the item until the Governor decides on SB180.

Alternate Zlatos echoed Gonzalez’s concern, questioning whether the City is rushing

the process.

Vice-Chair D’Errico asked if the ordinance could be worded so that it becomes null

and void if SB180 is signed.

Attorney Good confirmed this could be done.

Vice Chair D’Errico also asked for clarification on how mixed-use developments are

treated.

Staff confirmed mixed-use is included under the moratorium.

Vice Chair D’Errico asked whether mixed-use developments with a higher commercial

percentage could be allowed through Commission approval. Staff confirmed this would

require a condition in the motion. Vice Chair D’Errico asked if the City has any

recourse for infill lots with existing development rights. Staff indicated these would

remain exempt.

Public forum was opened and closed with no public comment.

Member Trojanoski acknowledged the legal risk on either side of the issue and

stressed the need for clear and measurable goals during the moratorium. He

mentioned there are currently 24 active development projects.

Alternate French reiterated that the City is already working on changes, which are

expected to take 3 to 6 months, but emphasized that the moratorium will help manage

impacts until those changes are enacted.

Vice-Chair D’Errico reviewed Exhibit A, noting it includes 19 PUDs, and asked for

clarification.

City Attorney Good confirmed that vested projects, including those listed in Exhibit A,

would not be affected by the moratorium.

Motion by Member Northey, seconded by Member Stewart to deny

Ordinance No. 29-2025. The motion carried the following vote:

For: 3 - Member Gonzalez, Member Northey and Member Stewart

Against: 4 -

Vice Chair D'Errico, Secretary Amoroso, Member

Trojanowski and Alternate Zlatos

Motion by Larry French, seconded by Jeffrey Zlatos, to approve

Ordinance No. 29-2025, with the following conditions:

1. The moratorium will sunset if Senate Bill 180 is signed by the

Governor.

2. Infill lots are exempt from the moratorium.

3. Mixed-Use Planned Unit Developments are exempt if the residential

component comprises no more than 30% of the development and is

built at a density of fewer than six (6) units per acre.

The motion passed with the following vote:

For: 4 -

Vice Chair D'Errico, Member Gonzalez, Alternate French and

Alternate Warnicke

Against: 3 - Member Northey, Member Stewart and Member Trojanowski

8. STAFF COMMENTS:

Staff thanked the Board for coming in for the Special Planning and Zoning Board Meeting.