Deltona Planning and Zoning Board Meeting Summary - May 21, 2025

The Deltona Planning and Zoning Board convened on Wednesday, May 21, 2025, at 6:00 PM in the Deltona Commission Chambers. The meeting addressed three primary agenda items: a proposed citywide ban on medical marijuana dispensaries, an ordinance to ease development restrictions on nonconforming residential lots, and a resolution to update the Board's bylaws. All items resulted in recommendations to the City Commission, with votes and detailed discussions recorded.

Consent Calendar

• None. The approval of the April 16, 2025, minutes was handled as a separate motion, with an added clarification regarding public school capacity concerns raised by Member Stewart. The motion carried unanimously.

Public Comments & Testimony

• The public forum was opened and closed for each agenda item; no members of the public spoke.

Discussion Items

A. Ordinance No. 21-2025 – Medical Marijuana Dispensary Ban

• Planner I Jonathan Knight presented the ordinance, which would repeal Article XIV of Chapter 110 and remove dispensaries from the zoning land use table, effectively banning new dispensaries citywide. Two existing dispensaries (one active, one preparing to open) would be allowed to continue as legal non-conforming uses, but would lose that status if inactive for more than six consecutive months.
• Secretary Amoroso questioned whether a limit (e.g., three dispensaries) could be adopted instead of a total ban. City Attorney Good clarified that under Florida Statutes, municipalities must treat dispensaries the same as pharmacies or ban them entirely; no middle ground is permitted.
• Discussion centered on distance restrictions from schools and places of worship. Member Stewart noted the current 500-foot buffer required by state law versus a desired 1,500-foot buffer, and expressed concern that the state's "all or nothing" stance forced the city's hand. He also noted that 26 dispensaries operate elsewhere in Volusia County, including nine in Daytona Beach and six in Port Orange.
• Secretary Amoroso cited data that fewer than 4% of Florida residents (and less than 4,000 Deltona residents) hold medical marijuana cards, and contrasted this with the availability of unregulated THC products (Delta 8) sold locally. She argued the ban would not harm a large population.
• Member Northey opposed the ban, stating that medical marijuana dispensaries are clean businesses selling a legal product and that the issue was driven primarily by the school buffer rule.
• Vote: The motion to recommend approval passed 6-1, with Member Northey dissenting.

B. Ordinance No. 19-2025 – Nonconforming Lots

• Planning Manager Matthew West presented the ordinance, which updates regulations for legally recorded residential lots platted before the city's 1998 Land Development Code that do not meet current lot width or area requirements. The ordinance introduces a formal definition of a "lot of record" and would reduce the need for variances, lowering development costs and encouraging infill.
• West noted that approximately 1,584 vacant residential lots exist citywide, but the number of nonconforming lots is likely much smaller (he pledged to clarify). In the past year, four variance requests were submitted: two approved, two denied.
• Members discussed minimum house size requirements (1,200 square feet in R-1 zoning). West confirmed that tiny homes, modular homes, and mobile homes are not permitted under this ordinance; a variance would still be required for size or type.
• Vice Chair D'Errico clarified that the ordinance does not allow lot combination or subdivision; it applies only to single, individually owned lots.
• Vote: The motion to recommend approval passed unanimously (7-0).

C. Resolution No. 2025-55 – Bylaws Update

• Assistant Director Jessica Entwistle presented the resolution to modernize the Board's bylaws, originally adopted in 2011. Key updates include allowing up to five alternate members, moving officer elections to March to align with appointment cycles, and updating the agenda format.
• A major point of debate was whether to allow business owners who reside outside the city to serve as board members. Secretary Amoroso, Member Stewart, Alternate Warnicke, and Vice Chair D'Errico opposed the inclusion, arguing it could dilute resident input and introduce external interests. Alternate Neher and Member Gonzalez supported allowing business owners, citing their vested interest in the city. Member Gonzalez suggested limiting such appointments to a maximum of one or two.
• Vice Chair D'Errico proposed two amendments: (1) changing the attendance rule from automatic termination for absences to giving the board discretion ("may" instead of "shall"); (2) clarifying that conduct discrediting the city should be determined by the City Commission or relevant ethics codes, not left undefined.
• Member Northey noted the attendance policy mirrors Volusia County's policy and did not support changing it, but the motion as seconded included both amendments.
• Vote: The motion to recommend approval, with the amendments and the requirement that all members reside within the city, passed 6-1, with Alternate Neher dissenting.

Key Outcomes

• Ordinance No. 21-2025 (Medical Marijuana Ban): Recommended approval to the City Commission (6-1). Existing dispensaries will become non-conforming uses; new ones are prohibited.
• Ordinance No. 19-2025 (Nonconforming Lots): Recommended approval unanimously (7-0). Allows development on pre-1998 substandard residential lots without lot-width/area variances.
• Resolution No. 2025-55 (Bylaws): Recommended approval with amendments (6-1). Changes include: board discretion on attendance termination, clarified ethics standard, and removal of non-resident business owner eligibility.
• All recommendations will be forwarded to the City Commission for final action.