HomeMy WebLinkAboutItem 13 Palm Drive - Chinapen Property
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 16, 2024
Item #: 13
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Palm Drive - 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-
09-09. (Zoning Manager Whitfield)
Background Summary: The First Reading was held on December 5, 2023.
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)
Designation
Low Density Residential
(Density: max of up to 4
units/acre)
Commercial (FAR: 3.0)
Zoning District R-1A C-2
The current future land use designations, zoning and existing land uses of the surrounding properties are as
follows:
Page 870 of 909
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
DIRECTION FUTURE LAND USE
(FLU) DESIGNATION
ZONING
CLASSIFICATION
EXISTING LAND USE
North Low Density Residential
(LDR)
R-1A Single family residential use
East LDR R-1A Single family residential use
South Medium Density
Residential &
Commercial
RT-1 & A-2 Mobile home subdivision &
vacant land
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
(Community Commercial) 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 (Community Commercial) 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 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 the 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 the time of
the 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.
Page 871 of 909
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
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 Single-Family Dwelling (R-1A) to Community Commercial (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 Single-Family Dwelling (R-1A) to Community Commercial (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 Single-Family Dwelling (R-1A) to Community Commercial (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 Single-Family Dwelling (R-1A) to Community Commercial (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
7. 24-002_AFD_Ad Chinapen Property_CPA_Jan 16 24 CC
8. 24-001_AFD_Ad Chinapen Property _RZ_Jan 16 24 CC
Financial Impacts:
No financial impacts are anticipated.
Type of Item: Second Reading Public Hearing
Page 872 of 909
Pa l m D r i v eState Road 429Pine StreetPeriwinkle Key DriveSundial Key DriveChinapen Property - Comprehensive Plan Amendment &Rezoning Location Map
I
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Pal m Dr iveState Road 429Pine StreetSand Dollar Key DriveVictory LaneCokles Key Drive
Royal Drive
S a n d e r s D ri ve
Sundial Key DrivePeriwinkle Key DriveChinapen Property - Comprehensive Plan Amendment & RezoningAerial Map
I
0 150 30075Feet
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I-1
C-2C-2 RT-1
R-1A
I-1
A-2PUD-IND
R-3 R-1A
A-2A-2
Pa l m D r i v eState Road 429Chinapen Property - Comprehensive Plan Amendment & RezoningSurrounding Zoning Map
Development ServicesDepartment
I
0 200 400100Feet
Created: O ctober 2023
Subject Property
Zonin g Classification:General Agricultural (A-1)Sub urban (A-2)Single-Fa mily Dwelling (R-1AAA)Single-Fa mily Dwelling (R-1AA)Single-Fa mily Dwelling (R-1A)Single-Fa mily Dwelling (R-1)One- & Two-Family Dwe llin g (R-2)Multip le-Family Dwelling (R-3 )Mobile Home Subdivision (RT-1)Professional Offices & Services (P-S)Neighborho od Shop ping (C-1)Community C ommercial (C-2)General Commercial (C-3)
General Industrial (I-2)Commercial (PUD)Low De nsity (PUD)Medium Density (PUD)
Restricted Manufactu ring& Warehou sing (I-1)
High Density (PUD)Pub lic Use (PUD)Unclassified
Page 875 of 909
Pa l m D r i v eState Road 429Pine StreetRoyal Drive
Cokles Key Drive
LDRLI
LI LI
COMMMDR
LI
COMM
LI
LI
HDR
LI
HDR
LDR
Chinapen Property - Comprehensive Plan Amendment & RezoningSurrounding Future Land Use Map
Created: O ctober 2023
Development ServicesDepartment
I
0 200 400100Feet
Subject Property
Future La nd Use Classification:Low Den sity Re sidential (LDR)Medium Density Residen tial (MDR)High Density Residential (HDR)Professional Offices and Services (PS)Commercial (COMM)Light Industria l (LI)Heavy In dustrial (HI)Conservation/Floodplains (CONS)Recreation and Open Space (REC)Public Facilities/Institutiona l (INST)
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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 II, Florida Statutes, the Growth Policy
Act (the “Act”); and
WHEREAS, Chapter 163, Part II, 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 877 of 909
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.
Space intentionally left blank
Page 878 of 909
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of ______________, 2024.
FISHBACK DOMINICK
By:
City Attorney
ADVERTISED ______________________, 2024
READ FIRST TIME __________________, 2023.
READ SECOND TIME AND ADOPTED
_________________________________, 2024.
UNDER AGENDA ITEM NO. _______
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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
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EXHIBIT “B”
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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-1A 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 882 of 909
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-1A 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.
Space intentionally left blank
Page 883 of 909
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of ______________, 2024.
FISHBACK DOMINICK
By:
City Attorney
ADVERTISED ______________________, 2024
READ FIRST TIME __________________, 2023.
READ SECOND TIME AND ADOPTED
___________________________________, 2024.
UNDER AGENDA ITEM NO. ________
Page 884 of 909
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 885 of 909
EXHIBIT “B”
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Published Daily
ORANGE County, Florida
Sold To:
City of Ocoee - CU00104366
1 North Bluford Avenue
OCOEE, FL 34761-2258
Bill To:
City of Ocoee - CU00104366
1 North Bluford Avenue
OCOEE, FL 34761-2258
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized
representative of the ORLANDO SENTINEL, a DAILY newspaper
published in ORANGE County, Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in the issues of, or by publication
on the newspaper¶s website, if authorized on Jan 07, 2024.
Affiant further says that the newspaper complies with all legal requirements
for publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 8 day of January, 2024,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7560768
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7560768
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Published Daily
ORANGE County, Florida
Sold To:
City of Ocoee - CU00104366
1 North Bluford Avenue
OCOEE, FL 34761-2258
Bill To:
City of Ocoee - CU00104366
1 North Bluford Avenue
OCOEE, FL 34761-2258
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized
representative of the ORLANDO SENTINEL, a DAILY newspaper
published in ORANGE County, Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in the issues of, or by publication
on the newspaper¶s website, if authorized on Jan 07, 2024.
Affiant further says that the newspaper complies with all legal requirements
for publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 8 day of January, 2024,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7560757
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7560757
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