HEX Final Decision 2016-35 HEX NO. 2016 -35
HEARING EXAMINER DECISION
PETITION DR — PL20130002268 — Petitioner, Wal-Mart Stores East, LP, requests
approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief
LDC Section 4.06.02 C.6, relating to buffer and screening standard requirements; from
LDC Section 4.06.05 C., relating to foundation planting requirements along retail building
facades; from LDC Section 5.05.08 C.2, relating to building design feature requirements
for primary facades; from LDC Section 5.05.08 C.4, relating to variation in massing
requirements for buildings 40,000 square feet or larger in gross building area; from LDC
Section 5.05.08 C.5, relating to building design treatment requirements for all building
facades; from LDC Section 5.05.08 C.8, relating to detail feature requirements for blank
wall areas on a building; from LDC Section 5.05.08 C.10, relating to roof edge and parapet
treatment requirements for buildings larger than 5,000 square feet in gross building area;
from LDC Section 5.05.08 C.12, relating to entryway/customer entrance treatment
requirements for single tenant buildings; from LDC Section 5.05.08 D.3, relating to design
standard requirements for mercantile buildings; from LDC Section 5.05.08 E.3, relating to
site design standard requirements for service function areas and facilities; and from LDC
Section 5.05.08 E.6, relating to site design standard requirements for lighting, for a Wal-
Mart expansion redevelopment project consisting of 17.21± acres of land, located on the
north side of Tamiami Trail East (U.S. 41), approximately 1,000 feet east of Airport-Pulling
Road, in Section 12, Township 50 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: August 25, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of 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:
Two members of the public spoke in opposition to this application. Concerns were expressed
involving lighting trespass onto adjoining properties after installation, landscaping, and the
decision to hold this hearing while many residents of nearby neighborhoods were out of town.
Additionally, there have been numerous letters of objection received. Those letters expressed
concerns with increased traffic, noise, deliveries, lighting, perimeter fencing, location of truck
delivery bays, flooding during excessive rains, removal of Banyan trees, need for a sound barrier,
the parking lot entry way at Palm Drive, loss of natural barriers, expansion of existing
development, fumes, new gas station location, and a saturation of food stores.
[14-CPS-01388/1281522M65 Page 1 of 4
[ ]
The issues for this hearing were limited to eleven deviations from the architectural code and one
deviation from the landscape code. Not all of the concerns expressed by the public are related to
the requested deviations.
Site lighting was one element of objection and is addressed in one of the deviation requests.
Currently parking lot lighting poles are approximately 42 feet high and lighting heads are
traditional HID lighting. Wal-Mart is converting all existing poles to LED fixtures and any new
poles will meet current Code, including a height limit of 25 feet. LED fixtures reduce glare,
provide focused light, limit light trespass onto adjoining properties, and have less reflective light
with higher poles. Documentation provided with this application show that the LED lighting
provides a higher reduction in off-site glare and light trespass onto adjoining properties since the
LEDs, as designed, are directionalized downward with a narrower angle of light distribution.
Many concerns expressed by the public are related to issues that are typically addressed during
site development plan review.
DECISION:
The Hearing Examiner hereby approves Petition Number DR-PL20130002268, filed by Jeffrey
Satfield, P.E. of CPH, Inc., representing Wal-Mart Stores East, LP, for a site plan with deviations
for redevelopment for the property described in Exhibit "A", also known as Walmart Store
#1119, as follows:
Deviation 1 seeks relief from LDC Section 4.06.05.C. relating to foundation planting
requirements along retail building facades. Other requirements for landscaping meet Code.
Due to existing conditions applicant is providing additional improvements in lieu of
foundation plantings.
Deviation 2 seeks relief from LDC Section 5.05.08.E.6 regarding site design standards for
lighting. Site lighting height standards dictate that lighting fixtures within the parking lot are
limited to a maximum height of 25 feet, and a maximum height of 15 feet in height for non-
vehicular pedestrian areas. There are nineteen (19) existing 42 foot light poles, which exceed
the 25-foot maximum. Instead of replacing the existing poles the applicant is requesting this
deviation to allow the existing poles to be greater than 25 feet high, on the condition that they
replace the existing light fixtures with directional LED lighting.
Deviation 3 seeks relief from LDC Section 5.05.08.C.2.b relating to building design feature
requirements on primary facades. Primary façades on the ground floor must have features
along a minimum of 50 percent of their horizontal length. Alternative architectural design
elements and landscaping are being utilized and are acceptable.
Deviation 4 seeks relief from LDC Section 5.05.08.C.4.a.i relating to variation in massing
requirements for buildings over 40,000 square feet or larger in gross building area. A
maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet.
The applicant is removing an auto repair area and squaring off the East elevation, which is
also screened from view by mature vegetation on the East elevation and the supplied design
is acceptable.
[14-CPS-01388/1281522/1]65 Page 2 of 4
Deviation 5 seeks relief from LDC Section 5.05.08.C.5.b which requires each building
façade to have at least four (4) of the listed 22 design treatments on each façade and
identified on drawings. The applicant is not providing listed design treatments, but is
providing alternative enhancements to existing conditions.
Deviation 6 seeks relief from LDC Section 5.05.08.C.6, Windows must not be false or
applied. The applicant is utilizing applied fenestrations with Bahama shutters as alternative
enhancements.
Deviation 7 seeks relief from LDC Section 5.05.08.C.8.b, Blank Wall Areas. Blank, opaque
wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction
of any primary façade. For façades connected to a primary façade this applies to a minimum
of 33 percent of the attached façades. Relief from this section is acceptable for existing walls
only.
Deviation 8 seeks relief from LDC Section 5.05.08.C.12.b. Entryway/Customer entrance
treatment. Single-tenant buildings shall have clearly defined, highly visible, customer
entrances that meet the standards set forth in the Code. The applicant proposed acceptable
alternatives to these standards.
Deviation 9 seeks relief from LDC Section 5.05.08.D.3.c, Mercantile — All areas with the
building that can be accommodated within a space with a ceiling height of 16 feet or less
must be designed and built within a single story envelope or a multiple of envelopes. These
building envelopes must have a maximum eave height of 16 feet and must be expressed as
single story elements in the architectural form of the building along the building edge or
edges that front the public right of way. This limits any single wall plane from exceeding 60
percent of each façade. Due to existing conditions, not all provisions of this section can be
met and the applicant is providing façade enhancements.
Deviation 10 seeks relief from LDC Section LDC Section 5.05.08.E.3.f, which requires
conduits and meters attached to the building or protruding from the roof to be screened or
painted to match the surrounding building surfaces, and cannot be located on the primary
façade of the building. Conditions make it impractical to apply this section to existing areas
only.
Deviation 11 seeks relief from LDC Section 5.05.08.E.3.g, which requires all rooftop
mechanical equipment protruding from the roof to be screened from public view by
integrating it into a building and roof design. Relief from this requirement applies to all
existing or replacement units unless replacement or new units are added at heights higher
than existing units or are located closer to the perimeter of the roof than existing units.
Deviation 12 seeks relief from LDC Section 5.05.08.C.10.b.i, Roof Edge and Parapet
Treatment, requiring that buildings larger than 5,000 square feet in gross building area have a
minimum of two roof-edge or parapet line changes. Each vertical change from the dominant
roof condition must be a minimum of ten percent of building height, but no less than three
feet, and at least one such change must be located on a primary façade, as well as one
additional roof change provided every 100 linear feet of the façade length. The building
perimeter has more parapet line changes than required and those less than 3 feet are
acceptable.
[14-CPS-01388/1281522/1165 Page 3 of 4
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.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B —Deviations Detail
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
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.
i149.aas.L
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Date Mark train, Hearing Examiner
Appred as to iInn and legality:
Scott tone
Assistant County Attorney
[14-CPS-01388/1281522/1]65 Page 4 of 4
*** OR: 4460 PG: 0551 ***
Exhibit A
Store#1119 Naples,FL
Property Address: 3451 Tamiami Trail East
A PARCEL OF LAND LYING IN SECTIONS 12 AND 13,TOWNSHIP 50 SOUTH,RANGE 25 EAST,
COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S.41(TAMIAMI TRAIL)
WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF PALM DRIVE AS SHOWN ON THE PLAT OF
THE GLADES UNIT ONE,AS RECORDED IN PLAT BOOK 10,PAGE 82,PUBLIC RECORDS OF SAID
COLLIER COUNTY;THENCE NORTH 39°05'20"WEST,ALONG SAID EASTERLY RIGHT-OF-WAY LINE
OF U.S.41,A DISTANCE OF 901.47 FEET,TO A POINT ON THE ARC OF A NON-TANGENT CURVE;
THENCE CONTINUE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S.41 AND THE ARC
OF SAID CURVE,CONCAVE SOUTHWESTERLY,HAVING FOR ITS ELEMENTS A RADIUS OF 5788.65
FEET,A CENTRAL ANGLE OF 03°39'32",AN ARC LENGTH OF 369.65 FEET,A CHORD BEARING OF
NORTH 40°53'32"WEST,AND A CHORD DISTANCE OF 369.59 FEET,TO A POINT OF INTERSECTION
WITH A NON-TANGENT LINE;THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE,
NORTH 47°16'54"EAST,A DISTANCE OF 750.44 FEET,TO THE MOST WESTERLY CORNER OF LOT 3,
BLOCK D,AS SHOWN ON SAID PLAT OF THE GLADES UNIT ONE;THENCE ALONG THE BOUNDARY
OF SAID PLAT BY THE FOLLOWING SIX COURSES 1)SOUTH 42°43'06"EAST,A DISTANCE OF 400.00
FEET;2)THENCE SOUTH 07°26'14"EAST,A DISTANCE OF 611.35 FEET;3)THENCE SOUTH 88°07'42"
EAST,A DISTANCE OF 195.12 FEET;4)THENCE SOUTH 02°02'25"EAST,A DISTANCE OF 94.73 FEET,
TO A POINT OF CURVE;5)THENCE ALONG THE ARC OF SAID CURVE,CONCAVE NORTHWESTERLY,
HAVING FOR ITS ELEMENTS A RADIUS OF 491.20 FEET,A CENTRAL ANGLE OF 52°57'12",AN ARC
LENGTH OF 453.97 FEET,A CHORD BEARING OF S 24°26'11"WEST,AND A CHORD DISTANCE OF
437.99 FEET;6)THENCE SOUTH 50°54'48"WEST,A DISTANCE OF 140.04 FEET,TO THE POINT OF
BEGINNING.
TOGETHER WITH: ��------- �`� '
PARCEL B V ��l
A PARCEL OF LAND LYING IN CT S 1-2,ti 4QI 3,TOWNSHIP SO TH,RANGE 25 EAST,
COLLIER COUNTY,FLORIDA, ONG M P RTTIC„ lir DESC •1:E AS FOLLOWS:
COMMENCE AT THE INTERS:CTI i IL AY.,INE OF U.S.41(TAMIAMI
TRAIL)WITH THE SOUTHEA` Y to:
OF M •Rf'E AS SHOWN ON THE
PLAT OF THE GLADES UNIT•NA,, • ► s IF
•,Pk6 82,PUBLIC RECORDS OF
SAID COLLIER COUNTY;THE f?E ORTH 50°54'48"E �O G SOUTHEASTERLY RIGHT-OF-
WAY LINE OF PALM DRIVE,A• ' • CE OF 140.03 FEET, A •OIt4T.,O CURVE;THENCE ALONG
THE ARC OF SAID CURVE,CON. •" . ORTHWESTERLY, ,:•V" •TOOTS ELEMENTS A RADIUS OF
571.20 FEET,A CENTRAL ANGLE• 41' 0'27",AN ARC LENG 14„,4y7.12 FEET,A CHORD BEARING
OF NORTH 29°59'34'EAST,AND A 07 I + STANCE OF 40 TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE AR * S•dd+ "YE`•f�I 'kik° WESTERLY,HAVING FOR ITS
ELEMENTS A RADIUS OF 571.20 FEET,A . 1�N'ii •' 11°06'45",AN ARC LENGTH OF 110.79
FEET,A CHORD BEARING OF NORTH 03°30'58"EAST;Ab A CHORD DISTANCE OF 110.61 FEET;
THENCE NORTH 02°02'25"WEST,A DISTANCE OF 89.26 FEET,TO THE SOUTHWEST CORNER OF LOT
16,BLOCK A,OF SAID PLAT OF THE GLADES UNIT ONE;THENCE SOUTH 88°07'42"EAST,ALONG
THE SOUTHERLY BOUNDARY OF SAID PLAT,A DISTANCE OF 200.47 FEET;THENCE DEPARTING
SAID SOUTHERLY BOUNDARY SOUTH 38°24'48"EAST,A DISTANCE OF 175.84 FEET;THENCE SOUTH
50°55'55"WEST,A DISTANCE OF 100.00 FEET;THENCE NORTH 88°07'02"WEST,A DISTANCE OF
235.71 FEET,TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING(SOUTH FLORIDA WATER MANAGEMENT DISTRICT PARCEL
OFFICIAL RECORDS BOOK 1142,PAGE 1425)
PARCEL I
A PARCEL OF LAND IN SECTIONS 12 AND 13 TOWNSHIP 50 SOUTH,RANGE 25 EAST,BEING
SPECIFICALLY DESCRIBED AS FOLLOWS:
FROM A 4"x4"CONCRETE MONUMENT WITH A 3/4"PIPE MARKING THE SOUTHWEST(SW)CORNER
OF SAID SECTION 12,BEAR NORTH 89°59'09"EAST,ALONG THE SOUTH LINE OF SAID SECTION 12,A
DISTANCE OF 1216.63 FEET TO THE INTERSECTION THEREOF WITH THE NORTHEASTERLY RIGHT
OF WAY LINE OF U.S.HIGHWAY 41(TAMIAMI TRAIL);THENCE,CONTINUE,NORTH 89°59'09"EAST
ALONG SAID SOUTH LINE OF SECTION 12,A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 24°00'00"EAST,A DISTANCE OF 45.00 FEET;THENCE,SOUTH 66°00'00"EAST,A
DISTANCE OF 80.00 FEET;THENCE,SOUTH 24°00'00"WEST,A DISTANCE OF 9.36 FEET TO SAID
SOUTH LINE OF SECTION 12,;THENCE CONTINUES SOUTH 24°00'00"WEST,A DISTANCE OF 35.64
FEET;THENCE NORTH 66°00'00"WEST,A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
Exhibit B
DEVIATIONS DETAIL
Wal-Mart was permitted at this location on February 11, 1993, with Site Development Plan
(SDP) #92-06. The property is zoned C-5, heavy commercial. Currently Wal-Mart is requesting
to amend the SDP in order to renovate the existing building that was built in 1994. The current
building includes general merchandise, a garden center and a tire & lube center.
The proposed changes include a 34,000 square foot expansion, much of which includes
enclosing existing outdoor operations that are in closest proximity to adjoining residential.
These existing operations include the Tire & Lube Center, the Garden Center, trash compactor
and loading bays and docks.
Part of the changes include moving the loading bays and docks to the rear facade and south of
the current location, moving the trash compactor south of the new loading bay location,
eliminating the Tire & Lube Center as well as the 6 service bays, and moving the unenclosed
Garden Center to the opposite side of the building, along US 41. These changes either eliminate
or relocate existing exterior impacts to the adjoining residential neighborhood.
The area where the Tire & Lube Center, the Garden Center, trash compactor and loading bays
and docks exist will be enclosed to become a new Grocery Center. To replace the existing two
loading bays and one smaller dock, the new screened loading dock area will include 4 new
loading docks. The current Tire & Lube Center will be eliminated along with the 6 roll up
service bays.
To accomplish the redevelopment noted above, the applicant is seeking deviations detailed as
follows:
Deviation 1 seeks relief from LDC Section 4.06.05.C. relating to foundation planting
requirements along retail building facades. Other requirements for landscape meet code.
Currently, 1,545 square feet of building foundation plantings are required along the primary
facade facing Palm Ave. Due to existing conditions, additional improvements in lieu of
plantings adjacent to the building foundation along Palm Drive facade include:
1. 1493.53 square feet of decorative pavement along the Palm Drive facade.
2. 250.45 square feet of additional parking island expansion near the Palm Drive facade.
3. Upgrade from the required 14' high trees to 16' clear trunk triple Foxtail Palms in the
landscape parking islands closest to the Palm Drive building facade.
4. Exceed the overall building foundation tree requirement by 10 trees.
5. All outdoor storage/sales shall be removed from in front yards.
Exhibit "B"
Page 1 of 5
Deviation 2 seeks relief from LDC Section 5.05.08.E.6 regarding lighting. Site lighting height
standards dictate that lighting fixtures within the parking lot must be a maximum of 25 feet in
height, and 15 feet in height for non-vehicular pedestrian areas. There are nineteen (19) existing
42 foot light poles, which exceed the 25-foot maximum.
The 19 existing 42 foot light poles are in good condition and would use a narrower LED light
angle of distribution. This narrower angle will provide for safe even lighting on-site while
reducing the potential for off-site glare and trespass. The request is limited to existing light poles
in their current locations only. As a note, the light design engineer used by Walmart, Jeff Bays of
HP Engineering, Inc., stated that for minimizing light trespass, it is better to have higher poles.
With lower poles, more glare is created due to light reflection off the pavement. This deviation
only applies to existing light poles.
Deviation 3 seeks relief from LDC Section 5.05.08.C.2.b relating to building design feature
requirements on primary facades. Primary facades on the ground floor must have features along
a minimum of 50 percent of their horizontal length.
Additional landscape is required and provides some support for this deviation along the rear
elevation. However, the new addition on the rear elevation (protruding truck wells), will not
have the benefit of the landscape buffer element due to the truck access onto Espinal Blvd. This
deviation is supported with the applicant providing matching elements (eight (8) faux window
fenestration, and Bahama shutters) along the protruding 50' addition.
Deviation 4 seeks relief from LDC Section 5.05.08.C.4.a.i relating to variation in massing
requirements for buildings over 40,000 square feet or larger in gross building area. A maximum
length, or uninterrupted curve of any façade, at any point, must be 150 linear feet.
The applicant is boxing in the existing right elevation which currently exceeds Code with four
(4) breaks in massing (1 break required). The proposed elevation measures approximately 290
feet with no variations. This elevation does not meet the Code required 10 foot projection/recess
along the façade. The proposed addition eliminates/encloses an auto repair area that was
previously open and will provide an enhanced appearance to the right elevation; in addition, this
façade is screened from view due to existing mature vegetation.
Deviation 5 seeks relief from LDC Section 5.05.08.C.5.b. which requires each building facade to
have at least four(4) of the listed 22 design treatments identified on drawings.
The applicant is not providing listed design treatments, but is providing alternative enhancements
to existing conditions. The applicant has provided cornice, canopy, additional roof articulation,
pilasters, columns, projected/covered entry, and ornamental details along the front, right, and left
elevations. The rear elevation, which is the most visible façade moving southbound on Tamiami
Trail East, Espinal Boulevard, and the Collier County Complex, is providing larger trees (taller
than code, 15-25') along the building foundation and perimeter buffer. In addition faux window
fenestration and Bahama shutters are being added as a result of Deviation 3.
Exhibit "B"
Page 2 of 5
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Deviation 6 seeks relief from LDC Section 5.05.08.C.6. Windows must not be false or applied.
The applicant is adding applied windows using building material, shutters, and paint which do
not meet code. This is still an improvement from the current blank walls, which were allowed
before the revisions to the LDC. While the proposed enhancements do not fully meet current
LDC standards, they do represent enhancements beyond those originally required.
Deviation 7 seeks relief from LDC Section 5.05.08.C.8.b, Blank Wall Areas. Blank, opaque wall
areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any
primary façade. For façades connected to a primary façade this applies to a minimum of 33
percent of the attached façades.
Relief from this section applies to existing walls only and new construction shall meet current
standards.
Deviation 8 seeks relief from LDC Section 5.05.08.C.12.b. Entryway/Customer entrance
treatment. Single-tenant buildings shall have clearly defined, highly visible, customer entrances
that meet the standards set forth in the Code. The applicant proposed acceptable alternatives to
these standards. The customer entrance shall meet the following standards: an outdoor patio area
must be provided adjacent to the customer entrance, with a minimum of 200 square feet in area.
The patio area must incorporate specific features.
The applicant shall provide patterned concrete and benches/trash cans at entryway/customer
entrances. This deviation request is approved for the "Market" entrance since a structural area
for seating is proposed. The request is due to existing conditions resulting from revisions to LDC
requirements occurring after the development was originally constructed. The applicant intends
to provide all the required enhancements of this LDC section except for the required 15-foot
setback from the parking/drive isle and incorporating landscape areas. While the proposed
enhancements do not fully meet current LDC standards, they do represent enhancements beyond
those originally required.
Exhibit "B"
Page 3 of 5
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Deviation 9 seeks relief from LDC Section 5.05.08.D.3.c, Mercantile — All areas with the
building that can be accommodated within a space with a ceiling height of 16 feet or less must be
designed and built within a single story envelope or a multiple of envelopes. These building
envelopes must have a maximum eave height of 16 feet and must be expressed as single story
elements in the architectural form of the building along the building edge or edges that front the
public right-of-way.
The eave height is exceeded in all existing portions of the building. This deviation is approved
due to existing conditions resulting from revisions to LDC requirements occurring after the
development was originally constructed. The applicant intends to provide enhancements to the
facades that were not required when originally permitted. While the proposed enhancements do
not fully meet current LDC standards, they do represent enhancements beyond those originally
required.
Deviation 10 seeks relief from LDC Section LDC Section 5.05.08.E.3.f, which requires conduits
and meters attached to the building or protruding from the roof to be screened or painted to
match the surrounding building surfaces, and cannot be located on the primary façade of the
building.
Currently, there are existing "Conduits and Meters" on the primary façade not screened. This
deviation is approved conditioned upon these elements being blended into the façade by using
paint or some other application consistent with the existing façade. Any new "Conduits and
Meters" shall be screened according to the LDC.
Deviation 11 seeks relief from LDC Section 5.05.08.E.3.g, which requires all rooftop
mechanical equipment protruding from the roof to be screened from public view by integrating it
into a building and roof design.
Deviation from this section applies to all existing or replacement units unless replacement or new
units are added at heights higher than existing units or are located closer to the perimeter of the
roof than existing units.
Exhibit "B"
Page 4 of 5
Deviation 12 seeks relief from LDC Section 5.05.08.C.10.b.i, Roof Edge and Parapet Treatment,
requiring that buildings larger than 5,000 square feet in gross building area have a minimum of
two roof-edge or parapet line changes. Each vertical change from the dominant roof condition
must be a minimum of ten percent of building height, but no less than three feet, and at least one
such change must be located on a primary façade, as well as one additional roof change provided
every 100 linear feet of the façade length.
The front elevation has the required parapet line changes. The building perimeter is
approximately 1,180 linear feet and would require 12 parapet line changes. The building design
proposes 26 parapet line changes, several of which are less than the required 3 foot height
requirement. The building exceeds the minimum number of required parapet changes, and the
additional changes are an alternative that is acceptable.
Exhibit "B"
Page 5 of 5