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HEX Final Decision 2015-15 HEX NO. 2015— 15 HEARING EXAMINER DECISION PETITION DR— PL20140001595 — Petitioner, Legal Aid Service of Broward County, Inc., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01, Table 2.1, which requires a 15 foot side yard setback; LDC Section 4.06.02, which requires the minimum buffer width area; LDC Section 4.06.03 B, which requires a minimum terminal landscape island width of 8 feet; LDC Section 4.06.05 H.2.b, which prohibits parking lot/pole lighting in landscape islands with trees; LDC Section 5.03.02 H, which requires a wall between residential and nonresidential development; LDC Section 5.05.08 C.4.a, which requires minimum variations in massing on façades of large buildings; LDC Section 5.05.08 C.4.b, which prohibits buildings subject to projections and recesses from having a single wall plane exceeding 60% of each façade; LDC Section 5.05.08 C.8.b, which prohibits blank, opaque wall areas greater than 10 feet vertically and 20 feet horizontally; LDC Section 5.05.08 C.10.b,which requires minimum roof treatments and design standards for buildings larger than 5,000 sq. ft.; LDC Section 5.05.08 C.10.c, which requires a flat roof screened with a parapet wall on any façade to have a parapet treatment extend along the remaining façades; LDC Section 5.05.08 C.12.b, which requires the front entry of a single-tenant building to be set back a minimum of 15 feet from a parking area; and LDC Section 5.05.08 E.2.f, which requires a continuous building perimeter path interconnecting all building entrances and exits, for a legal aid services redevelopment project consisting of 1.24± acres of land, located on Lots 22-24 and 64-66 of Pineland on the Trail subdivision, also described as 4436 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. DATE OF HEARING: March 26, 2015 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 is approved. ANALYSIS: This request is to renovate an existing building. The building is approximately 11,970 square feet and constructed in the 1980's. It has been vacant nearly 5 years, the last use being a retail electronics and home appliance business. The proposed new use is general office space. The existing site layout was developed in accordance with development standards in effect in the 1980s. Current Land Development Code standards are not consistent with those earlier standards and the applicant requested fourteen (14) deviations to address the inconsistencies. [14-CPS-01358/1151244/1]20 Page 1 of 4 There were two (2) deviations in the staff report that were not included as part of the advertised deviations. Staff report deviation number three (3) and number seven (7) were not advertised and thus are not included in this decision. All remaining deviations have been included and renumbered accordingly. One email was received by a neighbor concerned over the appearance of the building from the southeast elevation, the general demise of the premises and the lack of sidewalks along the adjacent roadway, Outer Drive. This neighbor was also in attendance at the hearing. Included in the improvements will be additional landscaping, architectural detailing, screening of the rear dumpster area, and other enhancements as noted on Exhibit D. The sidewalks on Outer Drive will proceed according to the county's transportation planning requirements. DECISION: The Hearing Examiner hereby approves Petition Number DR-PL20140001595, filed by David Corban on behalf of Legal Aid Service of Broward County Inc., for a site plan with deviations for redevelopment for the property described in Exhibit "A", as shown in the Deviations Site Plan attached as Exhibit "B," and as more fully described herein: Deviation 1 seeks relief from LDC Section 4.06.02: Buffer Requirements - minimum width of buffer areas, which requires a minimum perimeter buffer width depending on the proposed use and the adjacent zoning district and/or use, or width of right-of-way. This deviation is approved where the width of buffer areas are impacted by the existing building and asphalt location as shown on Exhibit C. In order to offset this deviation, the required buffer landscaping will be relocated to other areas of the site, where feasible, utilizing existing trees and additional plantings to satisfy buffer requirements. Deviation 2 seeks relief from LDC Section 4.06.03.B, Landscaping Requirements for Vehicular Use Areas - minimum terminal island width, which requires that all vehicular use area parking and terminal island widths be a minimum of eight feet. This deviation is approved for existing landscape islands as shown on Exhibit C. Minimum widths shall not be less than four (4) feet. Deviation 3 seeks relief from LDC Section 4.06.05.H.2.b, Installation and selection requirements for plant materials, which does not allow parking lot light poles to be located in landscape islands causing conflict with required canopy trees. This deviation is approved. Lighting will be allowed as shown on Exhibit B. Deviation 4 seeks relief from LDC Section 5.03.02.H, which requires a 6 to 8 foot high masonry wall/fence between non-residential uses located adjacent to residential districts. This deviation is approved. The existing site does not include a masonry wall. In lieu of adding a masonry wall, a buffer will be added that contains the required hedge to satisfy height requirement of the alternative "B"type vegetative buffer. [14-CPS-01358/1151244/1]20 Page 2 of 4 Deviation 5 seeks relief from LDC Section 4.02.01, Table 2.1, required side yard setback, which requires a 15 foot side yard setback for principal structures in the C-3 zoning district. This deviation is approved to allow the setback for the existing building along northwest property line as shown on Exhibit C. Deviation 6 seeks relief from LDC Section 5.05.08.C.4.a.iii, Variation in Massing, which intends to avoid single large dominant building masses on all facades of a building between 10,000 and 19,999 square feet in gross building area. This deviation is approved to allow three façades on the existing building without projections and with the additional architectural enhancements as noted on Exhibit D. One facade is on the property line and cannot be improved. Deviation 7 seeks relief from LDC Section 5.05.08.C.4.b.i.ii, Wall Plane Changes, which limits any single wall plane from exceeding 60 percent of each façade. This deviation is approved to allow the existing building to have wall planes exceeding 60% of the overall facade(s) subject to the architectural enhancements noted on Exhibit D. Deviation 8 seeks relief from LDC Section 5.05.08.C.8.b, Detail Features, which prohibits blank, opaque wall areas greater than 10 feet vertically and 20 feet in width. This deviation is approved for the northwest facade due to the configuration of the existing building. Deviation 9 seeks relief from LDC Section 5.05.08.C.10.b.i, Roof Treatments-Vertical Variations, which requires parapet walls to have vertical variations. This deviation is approved for the existing building, which includes a straight parapet along 3 sides and a roof edge along one side. Deviation 10 seeks relief from LDC Section 5.05.08.C.10.c.ii, Roof Treatments-Parapet which requires that when a flat roof is screened with a parapet wall or mansard roof on any facade, the parapet wall or mansard roof must also extend along the remaining facades. This deviation is approved for the existing building with a parapet roof along three sides, but does not extend to the fourth side. The fourth side cannot have a parapet due to the fact that the roof slopes in that direction, making it impractical to enclose that portion of the roof with a parapet. Deviation 11 seeks relief from LDC Section 5.05.08.C.12.b, Entryway/Customer Entrance Treatment, which requires that the front entry of a single-tenant building be setback from a drive or parking area by a minimum distance of 15 feet. This deviation is approved for the existing entry that is nine (9) feet from the parking area. Deviation 12 seeks relief from LDC Section 5.05.08.E.2.f.i, Pedestrian Pathways, which requires a continuous perimeter path interconnecting all entrances and exits of a building. This deviation is approved. A vehicular drive is located directly against the building on one side and on the opposite side the building is located on the property line. No space exists for a pedestrian pathway and pedestrian traffic is not expected to travel between the public (front) and staff(rear) doors. No doors are located on the side yards. [14-CPS-01358/1151244/1120 Page 3 of 4 This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—legal description Exhibit B—Deviations Site Plan Exhibit C—Alta/ACSM Land Title Survey Exhibit D—Project Enhancements LEGAL DESCRIPTION: See Exhibit A. 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, Collier County. 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. /e - 2o(s .+ C ( � , . Date M. k Strain, earing Examiner Approvi as to'orm and legality: Scott A.`St` e Assistant County Attorney [14-CPS-01358/1151244/1120 Page 4 of 4 on 5051 PG 73 0 Exhibit"A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF COLLIER,STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS: LOTS J2,2].24,64.65 AND 06,P}N8LAND-ON-TRS'TRAlL,ACCORDING T0 THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,PAGE 60,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Commonly known as: 4436 Tamiami Trail,Naples,Florida Tax Parcel Identification Number: 6780400003 /6, - 1\1.,\\ c.1 ( I ( ' ) 1 u . " 4v‹..., --P ` ,a i ', 00 . 3g 5 1'N — .4 f____,... _.‘,_ _ -,-, .ii i, i J- EXHIBIT ..B.. 1 ,r yd) 15000 c© 9 41'01 E �} 1 v 9 .vp� fir}:: '� V -.3p ' " 1 \ -.o-N; ��. -rm. r I ,'',\ gig',, iiE 4 1 �', .4.0-,..t.---.0 r. /- iei LOCATIONS FE .,‘„',.\s„, S ,j Y r O. [\‘ I (c, i 0 Os,ti 0 o _,\,\0' - ,?,ta S �� iy + ` os� ` ti4p ;,I coy, ki� ,, ,.., \,. , , ,,A, .„, ii,, 0 ,,, , .,. att, 01 1 4 . C) . „,.. A '116 g, -AliFttat.V4%::".7:40100,,_4111*,,titir... Min ., . _-————— , � C I _': te--' : z? 'o ;,' l: —'14- .4i lig 0, , ti f ':i � f; 0 . �O _ ��� ? y � kip. f$ ,� , t 4., t 0 i I. (:), 1 I 1 ,;I: II\ Ir -- %, e.e,;. !� �/�,�\ g! �• 'r,i r,/ j\ .. !-A! s At 1 ,4 I1k ! -•, y • fir, ` '•••!,- 150.00' r S 9'01 v 1` . i a'r`c` "a 6 0` lauTERBRIVE �2 F SCALE 1" — 50' Project 2014-79 Dote 4-2-2015 Deviations "` ° .f' IL Service Site Plan Legal / \i d Naples,FL 34102 Revision Date 2-2-2015 ph:239.207.5528 of B rowa rd County fax 239.349.2321 DS P dmc®davidcorban.com BROAD COURT NORTH ft.Ilcense no: ar 0015672 NAPLES, FL k a ap 6° i �� � p$$ �� ja [gg33 gp @5 Ijil 4 z ra I g 61 g9.. 1 ® 9 ;Ili; � 0 a YS ilmsg a } III bI S 4: x a l 11. w i 1 ,, Q Q g? 3 w :/ a ° e r 1 9} pg 1 I / / a®Hi!iiitii 1' ti!! .0 ' ® 31 ,¢ Y g 0 IA iIU1ilfl IY ! Sg fI 1J 1 W ppQ6 W p�yyY �ppti R 6 -1 4i € € Z ¢aao m / / ' /, \ .. ... 1 . &ilk, Y8 oOO h . m °-4 u AO 6 A°{'• �'� \ ro e51 1iI11III s e. 8a $ R - x a C \ �b 8 £8 ...i%X,..;\ n N� ) . ----,„. c ,00 t \ gad < • e, °.9 4 0 ! i li 174 t \`" a � es s , / 3gg@gR qg e:.6'. , :; R $ \\ , • / / 1357 e§ @119 02 i -/ I. Ea:a a®f9 of F °3 ej / i 1 �l as /" •it \\tea F. / / _ $ i �SZP56 @i§ei . i Fxsgn e.°3s6ax. t / 3 6,ee Z i/1111gin:11!41.. a . - �43ce6F0 a§.44lE EXHIBIT "C" ENHANCEMENTS PROVIDED THROUGH THIS DEVIATIONS PROCESS LEGAL AID SERVICE OF BROWARD COUNTY DBA LEGAL AID SERVICE OF COLLIER COUNTY 4436 Tamiami Trail East ENHANCEMENTS TO THE NEIGHBORHOOD 1. When this project is completed, a building that has been empty for 5 years will be occupied by a non profit organization that provides services for the residents of Collier County, especially those in the immediately adjacent neighborhoods. 2. Legal Aid Services provides high paying jobs and through its mission, helps to raise citizens of Collier County out the cycle of poverty. 3. The proposed legal services occupancy will be a lower intensity use than the previous mercantile occupancy that formerly occupied the space. 4. The project will be continually cared for. ENHANCEMENTS TO THE SITE 1. Changes to the existing site plan will result in better connections for pedestrians to the building, loading spaces will be added to meet current code. 2. Side walk will be added along Outer Drive. 3. Existing landscape buffers will be enhanced. A hedge will be added to provide separation between the redeveloped site and the residential neighborhood to the southwest. 4. Existing mature oak trees will be shaped, trimmed and cared for. 5. Parking lot will be restriped. 6. Access to the site by emergency vehicles has been improved with protected landscape median at the front of the site. 7. New site lighting will improve safety and convenience. 8. Covered outdoor seating and entry area is added at the rear of the building. 9. New mechanical equipment will be screened. 10. Dumpsters will be screened. ENHANCEMENTS TO THE VISUAL CHARACTER OF THE BUILDING 1. The visual character of the project will be equal or better in quality than required in some instances where possible. Other areas where limits such as building placement and location of drives inhibit us from improving visual character to meet current standards. 2. The visual character shall be better in quality than the existing project in all cases. o Windows and stucco details are added to the facades. o A projected, covered entry in front is added. o A bench is added at the front. o A covered entry and seating area is added at the rear of the development. 3. The architectural improvements drastically improve the "big box" appearance of this building constructed prior to the implementation of Architectural Design Standards. Major elements such as a projected entry and expansive glass will enhance the aesthetics and functionality of the development. ARCHITECTURE/PLANNING/SUSTAINABL7Y David Corban Architect, pllc / 1042 Sixth Avenue North, Naples,FL 34102 239.207.5528 / www. Davidcorban.com / license:AR 0015672 EXHIBIT "D"