Commission extends 'Keep Deltona Wild' zoning study but rejects activity‑center overlay amendment amid SB 180 concerns

The City Commission on Monday extended a zoning‑in‑progress study to develop a “Keep Deltona Wild” overlay intended to protect large parcels and environmentally sensitive lands, but it stopped short on a separate effort to rewrite the Activity Center overlay. Commissioners supported an extension for the Keep Deltona Wild study 6–1; they rejected an extension to study and amend the Activity Center overlay 3–4.

Why the split: legal uncertainty introduced by SB 180, a 2025 Florida law discussed at length during the meeting, led to caution among commissioners. City legal counsel told the commission that SB 180 contains multiple sections that can preempt local regulations: one section explicitly protects homeowners impacted by federally declared disasters, while another section addresses moratoria and can limit cities’ ability to impose certain land‑use restrictions in areas within a wide disaster‑related footprint. Counsel said the statutory language could be read broadly enough to affect local moratoria and that staff and consultants must design incentives rather than restrictions to achieve policy goals in a way that can withstand state preemption.

Keep Deltona Wild extension The zoning‑in‑progress for Keep Deltona Wild is intended to encourage low‑impact residential development, protect biodiversity and preserve large lot rural character. Supporters, including a Collins community resident at the podium, said large parcels already function as informal stormwater detentions and biodiversity anchors and asked the commission to preserve them. Commissioners who voted for the extension said they want staff and the consultant to prepare language that incentivizes conservation without creating rules vulnerable to legal challenge under SB 180. Commissioner Lolly said she had a planning‑consultant meeting scheduled and anticipated returning with a defensible code within 120 days.

Activity Center overlay discussion and rejection The second study would have examined permitted mixes of uses, density and architectural design within the city’s Activity Center corridor, with the stated aim of creating walkable mixed‑use environments. Planning staff said the study must account for SB 180 by favoring incentives rather than imposing “more restrictive or burdensome” code changes. Several commissioners expressed support for the idea of greater walkability but said the timing was poor while legal questions about SB 180 remain unresolved. The motion to extend that zoning‑in‑progress failed 3–4; the staff said the rejection means the city will not pursue the overlay study on that schedule unless the commission later reconsiders.

Why SB 180 mattered in the debate City legal counsel described two distinct sections of SB 180 that bear on local land‑use regulation. One targets homeowners affected by federal disaster declarations; the other addresses moratoria applicable to broad areas within a 100‑mile track of a storm, which the attorney said could be read to preempt local restrictions broadly. Counsel said staff will proceed cautiously: any code amendments will be structured to incentivize desired development outcomes rather than to rely on prohibitions that could prompt litigation.

Next steps Staff and the consultant will continue work on the Keep Deltona Wild study and return with a draft code and options for incentives. The Activity Center overlay study is not moving forward on this timetable; commissioners set a workshop date for broader comprehensive‑plan discussions later in the summer where the activity‑center topic may be revisited.