HomeMy WebLinkAboutItem 26 Chinapen Property Small-Scale Comprehensive Plan Amendment from Low-Density Residential to Commercial & Rezoning from R-1A to C-2 - CPA-2023-002 & RZ-23-09-09Meeting Date: December 5, 2023
Item #: 26
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Background Summary:
Owner/Applicant: Johnny Chinapen
Parcel ID and Site Location: The property is assigned parcel ID number 18-22-28-0000-00-109 and is located
in District 3 on the north side of Palm Drive, approximately 160 feet west of the Pine Street and Palm Drive
intersection.
Property Size: 1.65 acres
Existing Future Land Use Designation: Low Density Residential
Existing Zoning: R-1A
Actual land use, proposed land use and unique features of the subject property: The property is currently
vacant with no unique environmentally sensitive features. The property owner currently does not have a
proposed use and only seeks to amend the FLUM designation and rezone the property to allow for
commercial development in the future.
Current
Proposed
Future Land Use Map (FLUM)
Low Density Residential
Commercial (FAR: 3.0)
Designation
(Density: max of up to 4
units/acre)
Zoning District
R-1A
C-2
City of •-- a • Avenue Ocoee, •. 34761
• - (4 90 1i r •-- a •
Page 577 of 593
The current future land use designations, zoning and existing land uses of the surrounding properties are as
follows:
DIRECTION
FUTURE LAND USE
ZONING
EXISTING LAND USE
(FLU) DESIGNATION
CLASSIFICATION
North
Low Density Residential
R-1 A
Single family residential use
(LDR)
East
LDR
R-1A
Single family residential use
South
Medium Density
RT-1 & A-2
Mobile home subdivision &
Residential &
vacant land
Commercial
West
LDR
R-1
SR 429
Potential Development: There are currently no proposed uses for this property. However, based on the
maximum development potential of the FLU designation, the current Low Density Residential (LDR) FLU
designation would allow up to six (6) dwelling units. If the proposed Commercial FLU designation were
approved, the property would be allowed a floor area ratio (FAR) of 3.0, which could yield up to 215,662
square feet of commercial land use. As the proposed C-2 zoning district is a conventional zoning
classification, the development of the property will be required to comply with the requirements of the C-2
zoning district, in terms of permitted uses, building setbacks, building heights, maximum impervious surface
area, etc., and with other Land Development Code (LDC) design requirements for commercial uses, including
stormwater, parking, circulation, access, landscaping, buffering, etc.
Special Overlays. The subject property is located within Sub -Area A of the Business Center Character Area of
the State Road (SR) 429 Overlay District, adopted by Ordinance No. 2017-020 on July 18, 2017. Prior to the
adoption of the Overlay, the City held three (3) public hearings on June 13, 20217 (Planning and Zoning
Commission), June 20, 2017 (City Commission First Reading/Public Hearing), and July 18, 2017 (City
Commission Second Reading. No citizens spoke in opposition to the proposed Overlay or raised concerns
relative to transportation or impacts on residential uses within the Overlay area. The property owner's request
to convert the property to Commercial with a C-2 zoning district is consistent with the intent of the Business
Center Character Area to provide opportunities for office and retail uses in Sub -Area A.
Wekiva Study Area. The subject property is in the Wekiva Study Area; however, based on the Figure 6.5 of
the City of Ocoee Guide to the Wekiva Study Area Requirements, there are no karst features, Type A soils,
sensitive natural habitats, or other protected features.
Transportation. The property will continue to be accessed via Palm Drive, which has been approved for
realignment at its intersection with Ocoee Apopka Road. The transportation network in this area, in terms of
both capacity and circulation, will be improved with planned traffic improvements associated with the Florida
Department of Transportation (FDOT) State Road 438/East Silver Star Road Complete Streets Project as well
as planned project -related improvements north of this area. Furthermore, because of LDC requirements for
minimum parking, circulation, landscape, buffer, and stormwater requirements, evaluation of traffic demands
based on the maximum development potential for the proposed Commercial FLUM designation is not
necessary. However, a traffic operations analysis may be required at time of site plan review when a
development comes in for consideration by the City.
Utilities. The property can be served by City water service, but sewer service is not available. At time of site
plan review, the developer would need to coordinate with Ocoee Utilities for connection to sewer services or
any needed upsizing of water service lines.
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Page 578 of 593
Issue:
Should the Honorable Mayor and City Commissioners approve the proposed ordinances for a Small Scale
Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to Commercial and
corresponding Rezoning from R-1A to C-2 for the Chinapen Property, assigned parcel ID number 18-22-28-0000-
00-109?
Recommendations:
Development Review Committee (DRC) Recommendation:
The DRC met on Tuesday, November 7, 2023, to consider the proposed Small -Scale Comprehensive Plan
Future Land Use Map Amendment and associated Rezoning, and, identifying no issues, made a
recommendation of approval to convert the property from Low Density Residential (LDR) to Commercial
(COMM) and rezone the property from R-1A to C-2.
Planning & Zoning Commission (PZC) Recommendation:
The PZC considered this item at its Tuesday, November 14, 2023, public hearing and, identifying no issues,
made a recommendation of approval for the proposed Small -Scale Comprehensive Plan Future Land Use
Map Amendment and associated Rezoning to convert the property from Low Density Residential (LDR) to
Commercial (COMM) and rezone it from R-1A to C-2.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commissioners approve the proposed ordinances for a
Small Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to
Commercial and corresponding Rezoning from R-1A to C-2 for the Chinapen Property, assigned parcel ID
number 18-22-28-0000-00-109.
Attachments:
1. Chinapen_Location
2. Chinapen_ Aerial
3. Chinapen—Zoning
4. Chinapen_FLU
5. SSCPA Ordinance - Chinapen Property
6. Rezoning Ordinance - Chinapen Property
Financial Impacts:
No financial impacts are anticipated.
Type of Item: First Reading
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Page 579 of 593
Page 580 of 593
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Chinapen Property - Comprehensive Plan Amendment & Rezoning
Surrounding Zoning Map
Development Services
Department
0 100 200 400
ININE Feet
Created: October 2023
aSubject Property
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)
Multiple -Family Dwelling (R-3)
Mobile Home Subdivision (RT-1)
Professional Offices & Services (P-S)
Neighborhood Shopping (C-1)
Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
& Warehousing (1-1)
General Industrial (1-2)
Commercial (PUD)
ti m Low Density (PUD)
F Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
Unclassified
Page 582 of 593
Chinapen Property - Comprehensive Plan Amendment & Rezoning
Surrounding Future Land Use Map
fl and
Development Services
Department
0 100 200 400
ININE Feet
Created: October 2023
aSubject Property
Future Land Use Classification:
Low Density Residential (LDR)
= Medium Density Residential (MDR)
High Density Residential (HDR)
Professional Offices and Services (PS
Commercial (COMM)
Light Industrial (LI)
Heavy Industrial (HI)
Conservation/Floodplains (CONS)
Recreation and Open Space (REC)
NE Public Facilities/Institutional (INST)
Page 583 of 593
ORDINANCE NO.2024-
(Small-Scale CPA — Chinapen Property)
TAX PARCEL ID: 18-22-28-0000-00-109
CASE NO. CPA-2023-002: Chinapen Property
Small -Scale Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED; AMENDING THE FUTURE LAND USE MAP OF THE
OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND
USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.65 ACRES LOCATED ON THE NORTH SIDE OF
PALM DRIVE, APPROXIMATELY 160 FEET WEST OF THE PINE
STREET AND PALM DRIVE INTERSECTION; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE
LAND USE MAP; PREVAILING IN THE EVENT OF ANY
INCONSISTENCY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission")
has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No.
91-28 on September 18, 1991 pursuant to Chapter 163, Part 11, Florida Statutes, the Growth Policy
Act (the "Act"); and
WHEREAS, Chapter 163, Part Il, Florida Statutes, sets forth procedures and requirements
for a local government to adopt a comprehensive plan and amendments thereto; and
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, assigned tax parcel identification number 18-22-28-
0000-00-109, more particularly described in Exhibit "A" and depicted in Exhibit "B", has
submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future
Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low
Density Residential to Commercial; and
WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of
the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive
Plan Amendment application and determined that said Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan, as amended from time to time; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday,
November 14, 2023, to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
Page 584 of 593
WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, January 16,
2024, the Ocoee City Commission held a de novo advertised public hearing with respect to the
proposed Comprehensive Plan Amendment and determined, after consideration of public
comments, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapters 163 and 166, Florida Statutes.
SECTION 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use
Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to
change the future land use designation of the Subject Property, as particularly described in Exhibit
"A" and depicted in Exhibit "B", from Low Density Residential (LDR) to Commercial (COMM).
SECTION 4. COMPREHENSIVE PLAN. The City Clerk is hereby authorized and
directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate
the Comprehensive Plan Amendment enacted by this Ordinance.
SECTION 5. CONFLICTING ORDINANCES. This ordinance prevails in the event
of any inconsistency with all ordinances or parts of ordinances in conflict herewith.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty-one
(31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5),
Florida Statutes.
PASSED AND ADOPTED this day of , 2024.
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Page 585 of 593
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of , 2024.
FISHBACK DOMINICK
m
City Attorney
ADVERTISED 12024
READ FIRST TIME 12023.
READ SECOND TIME AND ADOPTED , 2024.
UNDER AGENDA ITEM NO.
Page 586 of 593
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 18-22-28-0000-00-109
COMM AT SE COR OF NW1/4 OF NW1/4 OF SEC 18 RUN N00-09-10E 29.4 FT TH S89-08-20W 20 FT
TH CONT S89-08-20W 157.01 FT FOR POB TH CONT S89-08-20W 279.39 FT TH N00-09-10E 256.9 FT
TH N89-08-20E 279.39 FT TH S00-09-10W 256.9 FT TO POB IN SEC 18-22-28
Page 587 of 593
EXHIBIT "B"
Chinapen Property - Comprehensive Plan Amendment &
Rezoning Location Map
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Page 58 of 53
ORDINANCE NO.2024-
(Rezoning Ordinance for Chinapen Property)
TAX PARCEL ID: 18-22-28-0000-00-109
CASE NO. RZ-23-09-09: Chinapen Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM R-1A (SINGLE FAMILY
DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL
DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.65 ACRES LOCATED ON THE NORTH SIDE OF
PALM DRIVE, APPROXIMATELY 160 FEET WEST OF THE PINE
STREET AND PALM DRIVE INTERSECTION; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; PREVAILING IN THE EVENT OF ANY
INCONSISTENCY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")
to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing approximately
1.65 acres, more particularly described in Exhibit "A" attached hereto and by this reference made
a part hereof, from R-lA to C-2; and
WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of
the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning is consistent with the City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991,
as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"), acting as the Local Planning Agency; and
WHEREAS, on November 7, 2023, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in
the best interest of the City, and recommended to the Ocoee City Commission that the zoning
classification of said real property be rezoned as requested by the Applicant and that the Ocoee
City Commission find that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
Page 589 of 593
WHEREAS, on January 16, 2024, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that the
Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163
and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 1.65 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-lA to C-2. A
map of said land herein described which clearly shows the area of the Rezoning is attached hereto
as Exhibit `B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of the Ocoee
City Code.
SECTION 5. CONFLICTING ORDINANCES. This ordinance prevails in the
event of any inconsistency with all ordinances or parts of ordinances in conflict herewith.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2024.
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Page 590 of 593
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 12024.
FISHBACK DOMINICK
m
City Attorney
ADVERTISED 12024
READ FIRST TIME 12023.
READ SECOND TIME AND ADOPTED
, 2024.
UNDER AGENDA ITEM NO.
Page 591 of 593
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ID NO.: 18-22-28-0000-00-109
COMM AT SE COR OF NW1/4 OF NW1/4 OF SEC 18 RUN N00-09-10E 29.4 FT TH S89-08-20W 20 FT
TH CONT S89-08-20W 157.01 FT FOR POB TH CONT S89-08-20W 279.39 FT TH N00-09-10E 256.9 FT
TH N89-08-20E 279.39 FT TH S00-09-10W 256.9 FT TO POB IN SEC 18-22-28
Page 592 of 593
EXHIBIT ®B'
Chinapen Property ComprehensiveP\7y Amendment
Rezoning Location map
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