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DELTONA, Fla. – The Deltona City Commission voted Monday night to have its legal staff represent the city in a newly filed lawsuit challenging the controversial “Keep Deltona Wild” zoning overlay district.
The lawsuit, brought by a group of a dozen property owners and developers, alleges the city’s recent zoning changes create uncertainty by suspending existing development regulations. The complaint claims all plaintiffs are “immediately impacted” and left unsure of how their properties may be used moving forward.
District 6 Commissioner Nick Lulli, who has led the push for the zoning overlay, said he was surprised by the legal action.
“I heard about it for the first time on Sunday evening,” Lulli said.
Lulli defended the city’s actions, emphasizing that the ordinance does not take away existing property rights.
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“We haven’t affected anyone’s existing entitlements and we haven’t taken away anyone’s rights,” he said. “We are just saying, we are going to be looking at what we do for the future of zoning in the Keep Deltona Wild overlay district.”
The zoning plan, approved in late March, aims to restrict development in southeastern Deltona in an effort to preserve green space and manage growth. Lulli said the area has seen an influx of new housing developments with minimal lot spacing, what he referred to as “zero lot lines.”
“In the city of Deltona, we’ve seen these new homes and subdivisions come in… sometimes they’re 40-foot lots,” Lulli said. “That’s only 40 feet out in front of a property.”
He noted the city is already facing infrastructure challenges, including flooding, school overcrowding and road congestion.
“We are having problems with flooding in the city,” Lulli said. “Our roads simply can’t handle the pressure of these new residents that we are importing.”
Lulli urged developers to cooperate with the city’s planning process rather than pursue legal action.
“I would like developers to work with us and not file lawsuits against us,” he said. “Certainly, it’s not a good message to send.”
The “Keep Deltona Wild” initiative is still in the early stages, and several public hearings are expected before any new zoning ordinance is formally adopted.
“The public has been overwhelmingly supportive of this,” Lulli added. “They’ve been on the front lines of the battle against rising water. Literally rising water in our front yards, in our backyards.”
Requests for comment from the attorneys representing the plaintiffs were not immediately returned.
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