WINTER GARDEN, Fla. – A controversial 300-acre development approved by the City of Winter Garden is now facing a legal challenge from a nearby homeowner who wants a judge to overturn the project’s approval.
The lawsuit centers on the proposed Johns Lake Urban Village on Williams Road and Marsh Road. The project includes more than 600 homes, a bed-and-breakfast, retail space and an event venue.
Adam Garcia, who lives near the proposed development, filed a petition against both the City of Winter Garden and the project’s developer, McKinnon Corporation. Garcia previously told News 6 his backyard would face the development if it moves forward.
[WATCH: Winter Garden OKs massive development on already overcrowded road]
In the petition, Garcia argues the city failed to follow its own rezoning requirements before approving the project.
The Winter Garden City Commission unanimously approved the rezoning earlier this year after months of public hearings and opposition from nearby residents. At the time, city leaders maintained the application met all legal requirements.
Traffic has remained one of the biggest concerns throughout the approval process.
The development would be built on property off Williams Road, with traffic feeding onto Marsh Road, which city documents have identified as already operating at a failing level of service.
In a statement provided to News 6, Garcia notes being “steamrolled,” saying, in part, “The city heard opposition for months and still voted in favor despite failing roads.”
He added, “We want the traffic and school issues to be rectified so current residents can continue to live in peace without a massive traffic headache due to short-sighted development. My message to the city: commissioners acknowledged the failing roadways and lack of school capacity. Minutes later, they approved the development. Aren’t they elected to serve the people of Winter Garden?”
[WATCH: Concerns and debate dominate over Winter Garden development proposal]
News 6 reached out to Scott Boyd, president of McKinnon Corporation, for comment on the petition.
While Boyd declined to comment specifically on Garcia’s petition, he said, “We will absolutely defend the rezoning decision and the work we have done over the last three-and-a-half years.”
Officials with the City of Winter Garden say, “The City is aware that a Writ of Certiorari has been filed to request the court to evaluate the rezoning decision. As with any pending litigation, it would not be appropriate for the City to comment on the specific allegations.”
City officials have previously said planned infrastructure improvements, including new road connectors and a roundabout—some of which would be funded by the developer—would help accommodate future growth. However, many neighbors continue to argue those improvements will not be enough to address increasing traffic and other impacts.
The case will now move through the court system as Garcia seeks to have the development overturned.