HEX Final Decision 2016-23 HEX NO. 2016—23
HEARING EXAMINER DECISION
PETITION DR-PL20150002617 —Petitioner, TT of Naples, Inc. requests approval of a site
plan with deviations pursuant to LDC Section 10.02.03.F and seeks nine total deviations,
including three deviations from LDC Section 4.02.16, relating to standards for commercial
buildings and landscaping and buffering in the Bayshore Gateway Triangle
Redevelopment Area; one deviation from LDC Section 4.06.05, relating to plant material
standards for required landscaping; and five deviations from LDC Section 5.05.08, relating
to architectural design standards for blank walls, roof treatments, building colors and
materials, and parking structures, for a proposed Porsche dealership project consisting of
2.15± acres, located on the north side of Davis Blvd., just west of Airport-Pulling Road, in
Section 2, Township 50 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: June 23, 2016
STAFF RECOMMENDATION: Approval of deviations 1, 6, & 8; denial of deviations 2, 3, 4,
5, & 7.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and staff, the
Hearing Examiner finds that the criteria set forth in Section 10.02.03.F.7 of the Land
Development Code has been met and the petition should be approved.
ANALYSIS:
See Exhibit A.
DECISION:
The Hearing Examiner hereby approves Petition Number DR-PL20150002617, filed by Kristina
M. Johnson of J.R. Evans Engineering representing TT of Naples, Inc., for a site plan with
deviations for redevelopment for property located at 3147 Davis Boulevard and further described
in Exhibit"C", as follows:
1. A deviation from LDC Section 5.05.08.C.8.b. which states that control or expansion
joints are considered blank wall area unless used as a decorative pattern and spaced at
120 square feet per panel or less, to instead allow the Porsche "floating cap"
decorative aluminum panel to be 144 square feet; and
2. A deviation from LDC Section 4.02.16.D.8.c.ii., which requires that commercial
building elevations along secondary street frontages in the Bayshore Gateway
Triangle Redevelopment Area provide 25% glazing, to instead allow 17% glazing for
the building elevation along Terrace Boulevard to the North; and
[16-CPS-01510/1265618/1]25 Page 1 of 3
3. A deviation from LDC Section 5.05.08.C.10.b.i which requires that buildings larger
than 5,000 square foot gross building area provide a minimum of two roof-edge or
parapet line changes, at least one of such changes shall be provided on primary
façade, and additional roof-edge or parapet line changes must be provided for every
100 linear feet of the facade length, to instead allow a 190 linear foot roof line with
no parapet line changes along the south façade facing Davis Boulevard; and
4. A deviation from LDC Section 5.05.08.C.13.b.i which states the use of colors or
materials above level 8 saturation is limited to no more than 10% of a façade, to
instead allow colors above a level 8 saturation on 66% of the north façade facing
Terrace Avenue, and 32% of the east façade facing the Combs commercial property,
and 64% of the west facade that facing the proposed 2-story parking garage; and
5. A deviation from LDC Section 5.05.08.C.13.c.i. which limits corrugated or metal
panels to no more than 33% of the façade area, to instead allow 68% on the south
façade facing Davis Boulevard, 69% on the east façade, 70% on the north façade
facing Terrace Avenue, and 37% on the west façade; and
6. A deviation from LDC Section 4.02.16.D.8.d.ii. which states that windows along the
first floor building elevation on commercial buildings within the Bayshore Triangle
Redevelopment Area shall be located between 2 and 7 feet above sidewalk grade, to
instead allow windows to be located between 0 and 8 feet above sidewalk grade; and
7. A deviation from LDC Section 5.05.08.D.8.e. which states that for Parking
Structures, the facade area within 42 inches above each floor/deck shall not be open
more than 50 percent, except at openings for vehicle or pedestrian access, to instead
allow the south facade of the parking structure facing Davis Boulevard to have a
cable railing that will be open for 100 percent of the façade length; and
8. A deviation from LDC Section 4.06.05.D.2.a. which states that for plant materials
used to meet landscaping requirements, Roystonea (aka Royal Palms) shall count one
palm for one canopy tree and that palms may be substituted for up to 30 percent of
required canopy trees with the exception that no more than 30-percent of canopy trees
may be substituted by palms within each individual Type `D' road right-of-way
landscape buffer, to instead allow Royal Palms as a substitution for 100% of the
required canopy trees within the Davis Boulevard Type `D' road right-of-way buffer.
These deviations are shown in the Deviations Detail attached as Exhibit "B," and are subject to
the condition(s) set forth below. This decision does not constitute approval of the site plan.
The following deviation (which was originally listed as Deviation 8 in the Staff Report)
requested by the applicant was determined by staff to be unnecessary, and therefore is not
included nor made part of this decision:
8. A deviation from LDC Section 4.02.16.E.2.a.iii.b.1 which states that the landscape
buffer along road rights-of-way shall be a minimum 10-foot wide Type D buffer, to
instead allow a minimum 6.5-foot wide Type D buffer for 76 linear feet along Terrace
Avenue.
ATTACHMENTS: Exhibit A—Analysis by Hearing Examiner
Exhibit B —Deviations Detail
Exhibit C—Legal Description
Exhibit D—Illustrations of Project Enhancements and Façades
[16-CPS-01510/1265618/1]25 Page 2 of 3
LEGAL DESCRIPTION: See Exhibit C.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Deviation No. 4 shall only apply so long as the use of this facility and site remain a
Porsche dealership.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
7
C1 1P149
Date Mar Strain, Hearing Examiner
Approvbe as to fo ' and legality:
„1„4„
Scott A Stone
Assistant County Attorney
[16-CPS-01510/1265618/1]25 Page 3 of 3
Exhibit A
ANALYSIS BY HEARING EXAMINER
No members of the public attended this meeting in opposition and no written objections were
received by staff. Staff reported that one neighboring business owner to the north expressed
concern over some of the deviations but did not provide any written objection. The Bayshore-
Gateway Triangle Community Redevelopment Agency Advisory Committee expressed support
for this application.
Tax records indicate this parcel was developed in 1964 with an office and warehouse building
that remain today. Staff acknowledged the existing building and site are non-conforming.
This project is within the Bayshore-Gateway Triangle overlay, which provides for additional
criteria for development and architectural standards.
The applicant is proposing a Porsche car dealership. Porsche is an established corporate brand
and maintains a standard visual quality at retail dealership locations worldwide. According to the
applicant, the architectural style is indicative of"Modern International" which is an acceptable
architectural style per the LDC (section 5.05.08.A.2.c) and includes characteristics such as taut
plane surfaces, rectilinear forms and materials of glass and metal. Examples of other Porsche
dealerships from various locations within the United States were provided in support of their
corporate identification. The applicant has proposed project enhancements and provided
renderings of the front and rear facades as shown in Exhibit D.
A more detailed analysis of each requested deviation follows:
Deviation 1. This deviation will allow the applicant to utilize decorative aluminum panels of a
size greater than allowed by the land development code (LDC). Staff supported this request
since the proposed panels will not appear to be discernible from what the LDC already requires
and is therefore an equivalent alternative. Considering the location of the building, the
surrounding uses and the details provided by the applicant, this deviation is reasonable.
Deviation 2. This deviation seeks relief from the percentage of glazing required on a façade. In
this application, the north façade is requested to have a reduction in the amount of glazing from
the required 25%to 17%. In discussion the applicant noted that they have added windows to this
façade totaling 17% of the north exposure and that there are two additional elements that provide
additional limitations on the overall glazing requirements. The first is the continuation of the
aluminum panels that dominate the front façade. The panels continue along the east side of the
north exposure and prohibit the addition of glazing in that area. Additionally the applicant
suggested the stair tower on the west side of the north façade limited the ability for additional
glazing. Removing these areas of the north façade and applying the glazing the applicant
provided to the remaining area, results in 24% glazing compared to the required 25%. Staff
concurred that the aluminum panel area is an architectural feature that would not allow glazing
Exhibit A - Page 1 of 3
but the stair tower could allow glazing. Considering the location of the building, the surrounding
uses and the details provided by the applicant, this deviation is reasonable.
Deviation 3. This deviation seeks relief from a requirement to provide roof line changes in
buildings greater than 5000 square feet. The applicants provides for a curved front façade
interrupted by an approximate fifteen foot wide separation about midway within the front of the
building. This separation element is an architectural feature that steps back from the front of the
façade by several or more feet and extends from ground level to a high point with the top of the
front facade. This architectural element does not change the roof elevation but reflects a change
in depth. As a result it is not considered a roof line change even thought it splits the front façade
into two curves. In review of the overall architectural improvements to this building, the
necessity to modify a linear roof line view appears sufficiently met with the elevations as
proposed. Considering the location of the building, the surrounding uses and the details provided
by the applicant, this deviation is reasonable.
Deviation 4. This deviation seeks relief from color saturation levels on the east, west and north
facades. The applicant desires to use darker colors (noted by applicant as black and dark grey) in
portions of the facades that will exceed the maximum use of such colors above the allowed 10%.
The colors selected by the applicant represent a national branding theme for Porsche dealerships;
a list of similar projects that have used this theme was provided.
The west facade will be substantially blocked from view by a 2-story parking area for the
display of vehicles. The saturation level of this west facade is 64% with both black and dark
grey surfaces. The saturation level of the east facade is 32%; this facade also continues the wrap
around aluminum architectural panels and includes a 30% glazing element. The saturation level
of the north façade would utilize an area that is 66% above the saturation allowance. The colors
used would be 54% black in the form of architectural metal panels and 12% dark grey in other
areas. The applicant provided a rendering of the north elevation indicating the enhancements
provided through various landscape elements and the architectural style of this elevation.
Considering the location of the building, the surrounding uses and the details provided by
the applicant, this deviation is reasonable.
Deviation 5. This deviation seeks relief from the percentage of a façade that limits metal panel
use to 33% of any facade. The applicant is requesting 68% use on the south façade, 69% on the
east façade, 70% on the north facade and 37% on the west facade. The metal panels are in two
forms: one is the silver metallic metal panels that warp around much of the building, primarily
on the south façade; and two, the architecturally applied ribbed metal panels applied to the
building surfaces on portions of the remaining facades. These metal elements are not structural
elements but are architecturally applied panels. The silver and black architecturally applied
panels are an integral part of the national branding standards for Porsche; a list of similar projects
was provided that supports this statement. Staff acknowledges these are architectural elements
and this request is appropriate. Considering the location of the building, the surrounding uses
and the details provided by the applicant, this deviation is reasonable.
Exhibit A- Page 2 of 3
Deviation 6. This deviation is to allow windows to begin at a lower elevation than provided in
the LDC. Staff believes the applicant's request meets the intent of the LDC since the windows in
question abut a private sidewalk and not a public sidewalk. Considering the location of the
building, the surrounding uses and the details provided by the applicant, this deviation is
reasonable.
Deviation 7. This deviation seeks relief from requirements for parking structures to limit the
façade area of a parking deck within 42 inches above each floor/deck from being open more than
50 percent and to allow the south façade to use cable railing for 100% of this area. The second
floor parking area along the south façade is used as a display area for vehicles. The cable railing
will provide a means to use this area for display since a solid wall does not allow visual viewing.
This parking structure is used for merchandise display and is not operated solely as a parking
garage. According to the applicant 77% of the second floor parking will be for display of
vehicles. Considering the location of the building, the surrounding uses and the details provided
by the applicant, this deviation is reasonable.
Deviation 8. This deviation requests the use of royal palms in lieu of canopy trees as required
by 4.06.05.D.2.a. of the LDC. The royal palms will be installed with an overall height of 24 feet,
which exceeds the LDC requirement of 10 foot clear trunks at the time of planting. Considering
the location of this site, the surrounding uses and the details provided by the applicant, this
deviation is reasonable.
Exhibit A - Page 3 of 3
Deviation 1: LDC Section 5.05.08 C.8.b. The applicant seeks relief from LDC 5.05.08.C.8.b. which states that
control or expansion joints are considered a blank wall area unless used as a decorative pattern and spaced at
120 square feet per panel or less, to instead allow the Porsche "floating cap" decorative aluminum panel to be
144 square feet.
Deviation 2: LDC 4.02.16.D.8.c.ii. Allow Terrace Avenue Facade to have less than 25% glazing. The applicant
seeks relief from LDC 4.02.16.D.8.c.ii., that is from the GTMUD-MXD, which requires that secondary street
frontages provide 25% glazing of the secondary street facade, to instead allow 17% glazing on the secondary
street facade facing Terrace Boulevard to the North.
Deviation 3: LDC 5.05.08.C.10.b.i. Roof Line changes. The applicant seeks relief from LDC 5.05.08.C.10.b.i
which requires that buildings larger than 5,000 square foot gross building area provide a minimum of two roof-
edge or parapet line changes, at least one such changes shall be provided on primary facade, and additional
roof-edge or parapet line changes must be provided for every 100 linear feet of the facade length, to instead
allow a 190 linear foot roof line with no parapet line changes along the south facade facing Davis Boulevard.
Deviation 4: LDC 5.05.08.C.13.b.i. Use of Color above Level 8 Saturation Exceeding Allowable Percentages.
The applicant seeks relief from LDC 5.05.08.C.13.b.i which states the use of colors or materials above level 8
saturation is limited to no more than 10% of a facade, to instead allow colors above a level 8 saturation of 66%
of the north facade facing Terrace Avenue, 32% of the east facade facing the Combs commercial property, and
64% of the west facade that facing the proposed 2-story parking garage.
Deviation 5: LDC 5.05.08.C.13.c.i. Use of Metal Panels Exceeding Allowable Percentage.
The applicant seeks relief from LDC 5.05.08.C.13.c.i. which limits corrugated or metal panels to no more than
33% of the facade area, to instead allow 68% on the south facade facing Davis Boulevard, 69% on the east
facade, 70% on the north facade facing Terrace Avenue, and 37% on the west facade.
Deviation 6: LDC Section 4.02.16.D.8.d.ii. Allow windows at grade up to 8 feet above grade. The applicant
seeks relief from LDC Section 4.02.16.D.8.d.ii. which states that windows shall be located between 2 and 7 feet
above sidewalk grade,to instead allow windows to be located between 0 and 8 feet above sidewalk grade.
Deviation 7: LDC Section 5.05.08.D.8.e. Parking Structure Open Area
The applicant seeks relief from LDC 5.05.08.D.8.e. which states that for Parking Structures, the facade area
within 42 inches above each floor/deck shall not be open more than 50 percent, except at openings for vehicle
or pedestrian access, to instead allow the south facade of the parking structure facing Davis Boulevard to have a
cable railing that will be open for 100 percent of the facade length.
Deviation 8: LDC Section 4.06.05.D.2.a. Use of Royal Palms as Canopy Trees for 100% Davis buffer. The
applicant seeks relief from LDC 4.06.05.D.2.a. which states that Roystonea (aka Royal Palms) shall count one
palm for one canopy tree and that palms may be substituted for up to 30-percent of required canopy trees with
the exception that no more than 30-percent of canopy trees may be substituted by palms within each individual
Type `D' road right-of-way landscape buffer, to instead allow Royal Palms as a substitution for 100% of the
required canopy trees within the Davis Boulevard Type 'D' road right-of-way buffer.
Exhibit B
Deviations Detail
DR-PI20150002617-Porsche of Naples
June 23,2016
Exhibit C
Legal Description
Lots 20,21,22, 23,24,25,26, 2 r ,36,37,38, 39, 40,‘41, , Block A, Rock Creek Park,
according to the or lat there.f •corded in Plat B►, 4Vil--
ge 79, of the Public Records of
8 map p
Collier Count), Florida,
LESS AND EXCEPT the East 15 feet of Lot , I tut Rock Creek Park, according to the map or
plat thereof as recorded in Plat Book 1, Page 79, Public Records of Collier County, Florida, taken by
that certain Order of Taking, Case No. 89-957-CA recorded in Official Records Book 1472, Page
1618,Public Records of-Collier County,Florida;
ALSO LESS AND EXCEPT that portion of Lot 20,Block A, Rock Creek Park,according to the map
or plat thereof as recorded in Plat Book I, Page 79, conveyed to Collier County as described in
Warranty Deed recorded in Official Records Book 4895, Page 2551, Public Records of Collier
County,Florida.
Parcel Identification Number: 70720400101
Exhibit D __
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