HomeMy WebLinkAboutOrdinance 2026-03 Amending the Future Land Use Map for Three (3) Parcels if Real Property (6.13 Acres - 290 and 300 Tuskawilla Rd & 1258 Milky Way)ORDINANCE NO. 2026-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; AMENDING THE FUTURE LAND USE
MAP FOR THREE (3) PARCELS OF REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS TOTALING APPROXIMATELY 6.13 ACRES,
MORE OR LESS, LOCATED AT 290 AND 300 TUSKAWILLA ROAD, AND
1258 MILKY WAY, SAID PARCELS BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO; CHANGING THE FUTURE LAND USE MAP DESIGNATION
ON THE PARCELS FROM COUNTY "MEDIUM DENSITY RESIDENTIAL
(MDR)" TO CITY "TOWN CENTER" PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE
PLAN, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT.
WITNESSETH
WHEREAS, the City and Property Owners (Ryan Sheehan, Thomas F. Landers, and Adam
R. Alstott) entered into that certain Pre -Annexation and Town Center Redevelopment Agreement
for the subject property, which was approved by the City Commission and executed on February
09, 2026; and
WHEREAS, on March 23, 2026, the City Commission adopted Ordinance Number 2026-
02, which annexed the subject property into the City of Winter Springs; and
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS, the future land use map amendment embodied in this Ordinance is a small-
scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on March 05, 2026, in accordance with the procedures established in Chapter 163,
Part II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held two duly noticed
public hearings on the proposed amendment set forth hereunder and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, hereby approves and adopts the
Comprehensive Plan Amendment set forth hereunder; and
Ordinance No. 2026-03
City of Winter Springs
Pagel of 8
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of the City of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Community Planning Act, Sections 163.3161, et. seq., Florida Statutes.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
this Ordinance to adopt a Comprehensive Plan amendment incorporating the revisions stated
herein as part of the City of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the
designation of the real property legally described and depicted on Exhibit "A" from Seminole
County "Medium Density Residential (MDR)" future land use to City "Town Center" future land
use. Exhibit "A" is attached hereto and fully incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate
the foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall be conditioned upon the adoption of Ordinance No. 2026-02, and this
Ordinance shall not become effective unless and until Ordinance No. 2026-02 is adopted by the
City Commission. Should Ordinance No. 2026-02 not become effective, then this Ordinance shall
become null and void. Should Ordinance No. 2026-02 be adopted, the effective date of this
Ordinance No. 2026-03
City of Winter Springs
Page 2 of 8
Ordinance shall take effect thirty-one (31) days after the date of its adoption, as written
below, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within
thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become
effective at such time as the state land planning agency or the Administrative Commission
issues a final order determining that the adopted small scale development amendment is in
compliance. No development orders, development permits, or land use dependent on this
Amendment may be issued or commenced before the Amendment has become effective.
After and from the effective date of this Amendment, the Comprehensive Plan Amendment
set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part
of that plan and the Amendments shall have the legal status of the City of Winter Springs
Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23'd day of March, 2026.
Kevin McCann, Mayor
ATTEST:
o� W inters
Christian Gowan, City Clerk G� s�°cporve" qQ
Approved as to legal form and sufficiency for o
the City of Winter Springs only:1959 ,
County
Anthony A. Garganese, City Attorney
Legal Ad: February 16, 2026
First Reading: March 09, 2026
Legal Ad: March 13, 2026
Second Reading: March 23, 2026
Effective Date: Thi -one Q1) days after the date of adoption written above, if Ord. 2026-
02 is passed, unless this Ordinance is challenged.
Ordinance No. 2026-03
City of Winter Springs
Page 3 of 8
EXHIBIT A
GENERAL DEPICTION OF SUBJECT PROPERTY AND SURROUNDING AREA
£ SS
Fake Jesup
�; Unnral t,arrz
FItA^ 7Nird
Hank L SAS is
tf fg1A
001a,Imp {}135ssank
c t
ALVI
1
01-21-30-501.0000-0100
aiv
Subject
Property
lt"t
q
Subject
Property 01-21.30-501-0000.0210
ry i
Subject S
Property 01-21-30.501-00000220
r
Ordinance No.2026-03
City of Winter Springs
Page 4 of 8
LEGAL DESCRIPTION AND DEPICTION — 1258 Milky Way
LOT 10, 'TUSKAWILLA", D. R. M)TCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1, PACE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, TOGETHER WITH
THE WEST HALF OF VACATED STREET ABUTTING ON THE EAST, PURSUANT TO RESOLUTION RECORDED IN OFFICIAL
RECORDS BOOK 654, PAGE 353, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN SECTION 37,
TOWNSHIP 21 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY AND DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHERLY MOST NORTHEAST CORNER OF TRACT C, AVERY PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 60, PAGES 33-37, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE NORTH 02'42'09" EAST, A DISTANCE OF 22,69 FEET ALONG THE NORTHERLY EXTENSION OF THE EAST LINE
OF SAID TRACT C TO THE NORTH RIGHT OF WAY LINE OF UNNAMED ROAD (30' RIGHT OF WAY) AS SHOWN ON
"TUSKAWILLA", D. R. M(TCHELL'S SURVEY OF THE LEVY GRANT PLAT AND THE POINT OF BEGINNING; THENCE NORTH
87-58-35" WEST, A DISTANCE OF 238.70 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHWEST CORNER
OF LOT 10 OF SAID "TUSKAW)LLA', D. R. MITCHELL'S SURVEY OF THE LEVY GRANT PLAT; THENCE NORTH 02'42'06"
EAST, A DISTANCE OF 229.10 FEET ALONG THE WEST LINE OF SAID LOT 70 TO THE NORTHWEST CORNER Or•` SAID
LOT 10; THENCE SOUTH 87'53'36" EAST, A DISTANCE OF 238.70 FEET ALONG THE NORTH LINE OF SAID LOT 10 TO
THE EAST LINE OF THE WEST HALF OF VACATED STREET AS RECORDED IN OFFICIAL RECORDS BOOK 654, PAGE 353,
OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 02'42'09" WEST, A DISTANCE OF 228,75
FEET ALONG SAID FAST LINE TO THE POINT OF BEGINNING.
CONTAINING 1,25 ACRES, MORE OR LESS,
Ordinance No. 2026-03
City of Winter Springs
Page 5 of 8
SKETCH OF DESCRIPTION
LOT 12
kuwmiLLA
LOT 0
FIAT BOQK 1, PALg 8
ThEw'VALLA
PLAT BOCK 1, PAGE
`t
LOT a
3
-$87'53'38"E 238,70'
TUSKAAkLA
PLOT KOK v, PAGE 3
tA9Fit71 u�T: OF LOT 10
NtYtfTTA D3T COMM
OF LOT 10
WEST P/2 VACATED STPEST
*"
PLR ORB 054, PAGE 353
Zlf
h'*
LOT 1 t
EAST LINE OP-
711.".knf.
FLAT WICK TPAGE S
TW-- 15T Y2 OF
—WESTT Lk4E VACATED TL,6T
CF LOT iG LOT ia
MKABYLA
.W
(0
I
PLAT BGOX 1, PACE 5
I
LOT 7
T1 WA5ULA
f
PLAT DOGK 1. PNC' S
�f
04
I
u�l
POINT OF
POINT OF
COMMENCEMENT
Qun Esr EQANER
SOF O
BEGINNING
I ( ft fimwtq .Y WnT W mEAsT
omwo? Oi TRAfr C
LO7 iQ
(6EhRWI' R4SIS)
PLAT BDOY W. MES 33--31
_.
WRTH Kr.K OF WkY LME
N87'58'35"W 238.%0'
N TH Fh IY —a
I
NMTH LNE OF Tx4CT Q
UNNAMED ROAD ��
TW-T WV4 PER PLAT
ilLY1K €4, t?A
U �.... SWT11 P;G€R OF MAY LIKE
30-00' RIGHT OF WAY
_J]-37.. _....
' �
i, _
�,� +�+-- f145T 111A<` OF TR17 G
PER PLAT BOOK t, PAGE 5
LOT 76
R
' LOT 24
I
I Ak'EQY PAW
a�T:1rAµ1LLA
� 3 E I PLAT 8T 1. tt u'
PER PLAT 9GOK 60. RAfA'y S3-37
I 1��-
I
I 107 79
al
.ki EAST ir? GF VACATED utQ
z� h!ltt{DQtkD FSQFTT OF Ri4Y
PER DAB IQSD, PAGE 40)
ORB - OFFICUL FECCRBS BGUK
(P) _ FLAr DXTA
LINE TABL
*sSmAc
E
LkVE
BEA?WG
LEM7hl
Ordinance No. 2026-03
City of Winter Springs
Page 6 of 8
LEGAL DESCRIPTION AND DEPICTION — 290 and 300 Tuskawilla Road
LOTS 23 AND 24 AND A PORTION OF LOTS 21 AND 22, "TUSKAWILLA", D. R, MITCHELL'S SURVEY OF THE LEVY
GRANT ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, TOGETHER WITH THE EAST HALF OF THAT CERTAIN RIGHT OF WAY, LYING ADJACENT TO
LOT 23 & 24, BEING VACATED AND ABANDONED APRIL 27, 1975 IN OFFICIAL RECORDS BOOK 1050, PACE 401, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND A PORTION OF VACATED RIGHT OF WAY, AS RECORDED
IN OFFICIAL RECORDS BOOK 4112, PACE 597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING
SOUTH OF LOTS 22 AND 23; LESS AND EXCEPT THAT PORTION OF SUBJECT PROPERTY AS CONVEYED TO SEMINOLE
COUNTY IN OFFICIAL RECORDS BOOK 3476, PAGE 281, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
LYING IN SECTION 37, TOWNSHIP 21 SOUTH, RANGE 30 EAST AND SECTION 38, TOWNSHIP 21 SOUTH, RANGE 31
EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY AND DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHERLY MOST NORTHEAST CORNER OF TRACT C, AVERY PARK, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 60, PAGES 33-37, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 02'42'09" WEST, A DISTANCE OF 7.31' FEET ALONG THE EAST LINE OF SAID TRACT C TO THE POINT
OF BEGINNING; THENCE SOUTH 87'58'35" EAST, A DISTANCE OF 472.49 FEET ALONG THE SOUTH RIGHT OF WAY
LINE OF UNNAMED ROAD (30' RIGHT OF WAY) AS SHOWN ON "TUSKAWILLA", 0. R_ M(TCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, SAID LINE ALSO BEING THE THE NORM LINE OF LOTS 21 AND 24 To THE WEST
RIGHT OF WAY LINE OF TUSKAWILLA ROAD (RIGHT OF WAY VARIES) AS SHOWN ON SokNOLE COUNTY RIGHT Or WAY
MAP FOR TUSKAWILLA ROAD PHASE IV, FROM WINTER SPRINGS BOULEVARD TO STATE ROAD NO. 434, WORK
PROGRAM ITEM NO, PS-107; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES
AND DISTANCES, SOUTH 02'42'09" WEST, A DISTANCE OF 33.15 FEET TO A POINT ON A NON -TANGENT CURVE
CONCAVE EASTERLY, HAVING A RADIOS OF 5781.58 FEET, A CENTRAL ANGLE OF 01-52'03" AND A CHORD BEARING
OF SOUTH 14*09'08" WEST; THENCE FROM A TANGENT BEARING OF SOUTH 15*05'09" WEST, SOUTHERLY A DISTANCE
OF 188.44 FEET ALONG THE ARC OF SAID CURVE; THENCE SOUTH 13'13'06" WEST, A DISTANCE OF 260.10 FEET
TO THE NORTHEAST CORNER OF TRACT A OF SAID AVERY PARK PLAT AND TO THE SOUTH LINE OF THE NORTH
HALF OF VACATED RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 4112, PAGE 597 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE NORTH 87'58'39" VIEST, A DISTANCE OF 3B7.61 FELT ALONG
THE NORTH LINE OF SAID TRACT A AND TRACT C AND SAID SOUTH LINE OF THE NORTH HALF OF VACATED RIGHT
OF WAY TO THE EAST LINE OF AFORESAID TRACT C AND WEST LINE OF THE EAST HALF OF UNMAMED RIGHT OF
WAY VACATED AND ABANDONED APRIL 27, 1975 IN OFFICIAL RECORDS BOOK 1050, PAGE 401, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,; THENCE NORTH 02'42'09" EAST, A DISTANCE OF 472.57 FEET ALONG
SAID EAST LINE OF TRACT C AND SAID WEST LINE OF THE EAST HALF OF LJNfMMED RIGHT OF WAY TO THE POINT
OF BEGINNING. P1
Ordinance No. 2026-03
City of Winter Springs
Page 7 of 8
SKETCH OF DESCRIPTION
IK1RTif (ASE. OF 71WT..0
LOT 78 V
LOT 79
;e
LOT 89
F. tot 9!
N, 4
� LOT B2 pi
Y
i
q d` LOT 133 ' j
LOT 84 {(y
1
tar as f
CL
a LOT 85
LOT 87
COMMr=NCFMENT
TILE NCFTH?RLY MOST N'ORT)iE45T
PWER GF TRAJCT G (AMESS) FER
PLAT 9NK M, PAGE25 33-37
WIRTH RVW/T:_4F'.. WAY LT1E
�,L1
UNNAMED ROAD (P)
30,00' RIGHT OF WAY
PER PLAT BOOK t, PAGE 5
'--POINT O
" "
MINNING
r4M M4ENr
TMG£NT
9EARWG
S15'05"88'A'
LOT 24
M-1KAVAUh
I P[Ai BODY1. PA l;f 3
LOT 21
iuSKApet�t
FLAT @-*K 1.PAGE 5
-� EAST �`2 Cf VALATED AND
A$1-11� 14.7 OF NAY
j
PER ORB 1050, PACE 401
:.
*EST LNE OF EAST 1/2 OF VACATED
no ALUMONED RrWr OF WAY
E45r LWE OF 7RALT C _
..... ..._.
__
,S
LOi 23
TLSA'/,Y4L A
PLAT 90C4f
4C7T 22
1LSTtMST
31€
I; PAGE 5
PL77
scum aweaF wRTM 1/$ HALF
OF VACATE0 MGM OF MAY
V NGWTH r/2 01 MATED
RY'Hr C WAY
CHID 4112 PAGE 507
EAST ME OF TRY7 C
_ FAi7 LWE OF T'�r,CT A
LOT 681 - --
TF.ACT.0 (A:cfw 1
TART A
^' CM9': -APE f OPEN SPACE
LOT 41 1tlT 3: LOT 2 j LOT 1
AVERY PARK TRACT' r
PER PLAT BOOT{ C-0, PAGES 13-37 fit%
I }
LINE TABLE
CURVE TALE
WRW 0 D L W Q9.TA lEM;Ti CHORD CHORD
BEAMW DWIWCE:
C7 1 5781.58' 1 132'03` I0&44' 514'09'OB'Y! —44'
DRAWING NM 64476004
.1Q8 W. 64478
DATE: FEDR,,Oky 24, 2028
SHEET 2 OF 2
SEE SHEET 1 FOR DES CRIPl16N
n �
rj GRAPHIC GALE
�-•- ''il 0 Sb 1OG
_M 1 4
I
—NOMIREAST GORIER
CF TPMT A
ORD - OFf1CW RECOM GOOK
TA.Ri, ND— 16MK PROGRAN DEN MWLZR
*sSmAc
Sur- • sullty9i • GIB
50UTHHASl'AaT SURMING
AND UAPPING CORPORATION
6004 All Amorlc*n Soidmrd
OrLLv80, FlarLda 32310-4350
(407) 292-9680
11i1.5 IS NOT A SURVEY, CortMeatlon Number LEIZIO0
NOT VALID WITHOUT SHEET 1 THROUGH 2 ram' 0�"�"�`°at�rn'°rceping'`a
LINE 4 SEARNO LEKOTH
Li S02'42'G0'11' 7.3V
L2 587'68'35'E 472.49'
L3 S02'42,00 K' 3315'
L4 Sid'13'G6'1Y 2@0::10'
L5 N8T58`39 W J87,61'
L6 hOY42'00'E 4T2LT
Ordinance No. 2026-03
City of Winter Springs
Page 8 of 8
DRAWING NM 64476004
.1Q8 W. 64478
DATE: FEDR,,Oky 24, 2028
SHEET 2 OF 2
SEE SHEET 1 FOR DES CRIPl16N
n �
rj GRAPHIC GALE
�-•- ''il 0 Sb 1OG
_M 1 4
I
—NOMIREAST GORIER
CF TPMT A
ORD - OFf1CW RECOM GOOK
TA.Ri, ND— 16MK PROGRAN DEN MWLZR
*sSmAc
Sur- • sullty9i • GIB
50UTHHASl'AaT SURMING
AND UAPPING CORPORATION
6004 All Amorlc*n Soidmrd
OrLLv80, FlarLda 32310-4350
(407) 292-9680
11i1.5 IS NOT A SURVEY, CortMeatlon Number LEIZIO0
NOT VALID WITHOUT SHEET 1 THROUGH 2 ram' 0�"�"�`°at�rn'°rceping'`a
LINE 4 SEARNO LEKOTH
Li S02'42'G0'11' 7.3V
L2 587'68'35'E 472.49'
L3 S02'42,00 K' 3315'
L4 Sid'13'G6'1Y 2@0::10'
L5 N8T58`39 W J87,61'
L6 hOY42'00'E 4T2LT
Ordinance No. 2026-03
City of Winter Springs
Page 8 of 8
Ordinance No. 2026-03
City of Winter Springs
Page 8 of 8