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HomeMy WebLinkAboutOrdinance 2026-04 Amending the Zoning Map for Three(3) Parcels (6.13 Acres - 290 and 300 Tuskawilla Rd & 1258 Milky Way)[recorded]Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2026043165 Book:11030 Page:408-415; (8 PAGES) RCD: 5/1/2026 6:44:55 AM REC FEE $69.50 ORDINANCE NO. 2026-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING THE ZONING 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 ZONING MAP DESIGNATION ON THE PARCEL FROM COUNTY "AGRICULTURAL (A-1) TO CITY "TOWN CENTER TRANSECT 4;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 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 Planning and Zoning Board and City Staff of the City of Winter Springs recommended approval of this Ordinance at their March 05, 2026, meeting; 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 zoning map amendment set forth hereunder; and 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. Ordinance No. 2026-04 City of Winter Springs Pagel of 8 Book 11030 Pagge 409 Instrument# 2026043165 Section 2. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to adopt a zoning map amendment incorporating the revisions stated herein into the official Zoning Map of the City of Winter Springs. Section 3. Zoning Map Amendment. The official Zoning Map of the City of Winter Springs is hereby amended to include a change of classification for the property legally described and depicted on Exhibit "A" from Seminole County "Agricultural (A-1)" to City of Winter Springs "Town Center Transect 4 (T-C T4)." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 4. Staff Instructions. City Staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption and full execution of this Ordinance by the City Commission, the City Cleric is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall run with the land. Section S. 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. Effective Date. This Ordinance shall become effective immediately upon the effective date of Ordinance No. 2026-03, as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2026-03 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23'd day of March, 2023. [Signatures on next page] Ordinance No. 2026-04 City of Winter Springs Page 2 of 8 Book 11030 Pagge 410 Instrument# 2026043165 Kevin McCann, Mayor ATTEST: inter S Christian Gowan, City Clerk °tpora� �aG� Q v a Approved as to legal form and sufficiency for ro �p ! 95`) b the City of Winter Springs only: �. 0 county' Anthony A. arganese, City Attorney Legal Ad: February 16, 2026 First Reading: March 09, 2026 Legal Ad: March 13, 2026 Second Reading: March 23, 2026 Effective Date: On the effective date of Ordinance No. 2026-03. Ordinance No. 2026-04 City of Winter Springs Page 3 of 8 Book 11030 Pagge 411 Instrument# 2026043165 EXHIBIT A GENERAL DEPICTION OF SUBJECT PROPERTY Ukt JC.VP WmAl Care. ALVI 01-21-30-501.0000-0100 Subject Property t Subject Property b, Subject Property Ordinance No.2026-04 City of Winter Springs Page 4 of 8 rifth Third HAA4, AIM Thf, 6W chaseGank tt5 7 wrldy's Alai: Book 11030 Pacie 412 Instrument# 202-6043165 LEGAL DESCRIPTION AND DEPICTION — 1258 Milky Way LOT 10, -TUSKAWILLA", D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 1300K 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. MITCHELL'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 "TUSKAWJLLA" 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 10 TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 8753'36" 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 EAST LINE TO THE POINT OF BEGINNING. CONTAINING 1.25 ACRES, MORE OR LESS. Ordinance No. 2026-04 City of Winter Springs Page 5 of 8 Book 11030 Pagge 413 Instrument# 2026043165 SKETCH OF DESCRIPTION LOT 12 I ( I TOWAft A LOT 9 FLAT 807Y. 1, PAG£ $ PLL�4T^�80CH t1, MW _ 78.70S �y 2J ! G jUSKASUA RAT or" 1, FAGf $ NORTH L14f OF LOT 1 _. - _... .._ .. NORTNAE3T CORNER OF LOT 10 1 a % yf-r3T 1/2 VAWEO SMET Pb4 ORD 654, P/M'E 153 U) T i t FAST LAE OF- 1Vifi FIAT Oi1EA�( p, PAGE 5 rw Y(BT �//2 OF —WEST LS4E VACATED S7TEET N CF LOT 10 LM 10MWAV pp F LOT 7 to PLAT TYLIK 1, PAGE 5 MwAynt A >7�t J FLAT {T[t.CK 1. pAGE 5 a POINT OF POINT OF COMMENCEMENT SOUTHWEST MINER BEGINNING f I ni! kt(Pirmy W= rtaMEAST Qm*7 OF TRACT C OF L07 10 (OE&%r T91515) PLAT 80OY. W. RPEES JO-31 MIRTH k1:4,T OF 1141y LINE N87'58'35"W 23 + TH Po aF 1TY �,,,:ti / .70' r-°nngnl LYLE 5F TRACT C L9 UNNAMED ROAD (p) J � Twt C PER P,N UON( £-0, FAq SWTH RIGHT Of WAY LJW 30.00' RIGHT OF WAY I` ,. � A� �-e+5r ur+� ur TRACT c PER PLAT BOOK 1, PACE � LOT 7$ I LOT 24 T , R A4ERY PAJ?K PLAT 1 u+L` 5 PIR PL47 BOOK £0, PAk's ,77-37 I € fl - 4.�1i�.+'•`"-- EAST 1f2 OF VACATED AND —i LOT 79 h I A944DOMM MGW OF WAY C FIR L198 1050, PAGE 40) LCOE- D h A685Ei15t16A€3 OR8 - OFFrAAL FECCRMS BCOK (P) - RAT DATA LINE uE raezE LWE � kE1A4n1 Ordinance No. 2026-04 City of Winter Springs Page 6 of 8 Book 11030 Pacie 414 Instrument# 202-6043165 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, PAGE 401, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND A PORTION OF VACATED RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 4112, PAGE 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 1300K 60, PAGES 33-37, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 02'42'09" WEST, A DISTANCE OF 7.31' FEET ALONG THE LAST 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", O. R. MITCHELL'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, SAID LINE ALSO BEING THE THE NORTH LINE OF LOTS 21 AND 24 TO THE WEST RIGHT OF WAY LINE Or TUSKAWILLA ROAD (RIGHT Or WAY VARIES) AS SHOWN ON SEMINOLE COUNTY RIGHT OF 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 RADIUS OF 5781.58 FEET, A CENTRAL ANGLE OF 01-52'03" AND A CHORD 13LARJNG 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" WEST, A DISTANCE OF 387.61 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 VIEST LINE OF THE EAST HALF OF UNMAMED RIGHT OF WAY TO THE POINT OF BEG)NNING. .11 Ordinance No. 2026-04 City of Winter Springs Page 7 of 8 Book 11030 Pagge 415 Instrument# 2026043165 SKETCH OF DESCRIPTION POINT OF COMMENCEMENT irE NCNTiUNNAMED ROAD (P) L�hYY L4057 N040iEd5T PLAT B O TT , G (rc33-3 I�R 30.00' RIGHT OF WAY PLAT aP]K 00, WffT ]]-37 PER PLAT BOOK t, PAGE 5 - .". )A:11TGY R�:1TT._LF. WAY LTIE . OF(TH USE OF TRACT L1 NGNTH LE U7 1 DT 24 N;1i4M LIK OF LOT 21 - LOT 7a POI" t vF ryrqq BFGINNIN NDN-nu4GENr- ft I� rA§c0N1 aEtAwc t" - +ao' LOT 79 S15'O5'00'w r,RAPHIC SCALE a- o�0ab � I LOT 24 LOT 2! + PLAYAWY. TL'S`KJ," tLlSKANLLA LOT &0 i PALS S PLAT MOM 1, RAGE r EAST 1�2 OF 4'A^,4TED AND tat a1 h44§§Iliall.31 iSGH7 OF WAY, PEA OA8 105D, PAGE 401 - w - *EST LIME OF EAST 1/2 OF VICATEO Ate. 11 LOT 6 2 ANDAt?,MONED RrWr OF WAY $n; I, { Q(w-y� (. 114417, t07 f1S 9 t EdSr Ll1E OF TRACT - I Q5 X LOT aicj 0� T,�AY23 40T 27 L s q tDt CS I FLAT GO^N'. 1, PAt 5 T11X 1'LLA � _ � I PtAx B+bK 1, Ps>:i 3 d LOT �s sour" 41NE?of WMW 1/2 XALF OF VACATE7] MW OF WAY : Na.KDi r%1 OL 4Yfii5TEl7 RY'F,r DF WAY £ Yf LOT E7 j EAST DAE Of TW7 a ORR 4112. PAQ 597 � FAST LI§E OF TRACT A LOT 88 — - _( t TPJ,OT( _.0 A�'CES3a ! ! C - N0471415T CORNEA .. - ( 4+•7 7PJCT A i OF TRArT A _ _ = LANT:TvwE oprw 4PAcE E LOT 4) LOf 3 LOF 2 LOT r AVERY PARK TRALT A PER PLAT 890K 6,0, PACES 33-37 j f GRS - OFOCW RECORDS ODPK ND- WORK P8O3RkW 17EW NLWB-eA CURVE LE LYWRW 0 RAAU, WTI, ! ,.Oi OHORD EtARittO OHORD I05TA'iCE G1I 5761.5a' 1 1-52'0` 1 ICL4444' S14-09'0!3-N 1 108.44' DRAWING NO, 6447KO4 ,M NO. 54478 LATE; FEOWKRY 24, 2026 S S MA C' 3OUTHHABPf.Rti BURVE)M AND WPM CORPORATION OWO All AmorUan OOn10Fard Orlando, Florida 32WO-4350 THIS IS W7T A SURVEY, NOT VALID WITHOUT SHEET 1 THROUGH 2 1N;E TABLE t1AE I BEARN40 LENGTH L1 S32'42'GOV 7.31' L2 MTrM'35 E 472-49' L3 S02V2'fful M15, L4 S13',31081W 260,10, Lb NBTsfl'm V ]A7.a,' L6 NOr4z'09`E 472.37' Ordinance No. 2026-04 City of Winter Springs Page 8 of 8