HEX Final Decision 2017-09 HEX NO. 2017—09
HEARING EXAMINER DECISION
PETITION DR-PL2016001391 — Petitioner, Tamiami Ford, Inc. requests approval of a site
plan with deviations pursuant to LDC Section 10.02.03.F and seeks two deviations from
LDC Section 5.05.08 D. relating to building design standards for a proposed Tamiami Ford
redevelopment project consisting of 7.02± acres, located on the northeast corner of the
Airport-Pulling Road and Mercantile Avenue, in Section 36, Township 49 South, Range 25
East, Collier County, Florida.
DATE OF HEARING: March 23, 2017
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant 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:
No objections were received and no members of the public attended in opposition to the
requested deviations. The deviations requested are the result of changes in code over time from
the previous construction permitted in 1999.
DECISION:
The Hearing Examiner hereby approves Petition Number DR-PL2016001391, filed by Frederick
E. Hood, AICP, of Davidson Engineering, Inc. representing Tamiami Ford, Inc., for a site plan
with deviations for the property described in Exhibit"A", as follows:
1. A deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors
must be adequately screened when located on the primary facades with a screening
wall with a minimum height of 6-feet measured from the centerline of the adjacent
roadway or a landscape buffer achieving 75 percent opacity within one year, to
instead allow the subject property to be redeveloped consistent with the landscape
screening regulations in place at the time the building permit was approved for the
construction of the overhead doors; and
2. A deviation from LDC Section 5.05.08 D.2.b, which requires a minimum of two
design features along primary facades to instead deviate from all the primary façade
requirements on the east elevation. An awning/canopy will instead be provided.
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.
[16-CPS-01598/1327692/1155 Page 1 of 2
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.
1'2)- 17
it .1 ef'"1-•
Date Mar Strain, Hearing xaminer
Appr►ved as �► form and legality:
mir
Sco A. Stone
Assistant County Attorney
[16-CPS-01598/1327692/1]55 Page 2 of 2
Exhibit Ar - Legal Descriptiort** OR: 2543 PG; 2697 ***
Pagel of
Schedule A
Commencing at the Northwest corner of Section 36, Township 49
South, Range 25 East, Collier County, Florida; thence along the
North line of said Section 36, North 89 degrees 24 minutes 44
seconds East 50 .00 feet to the East right of way line of Airport
Road (C-31) ; thence along said right of way line South 0 degrees
42 minutes 05 seconds East 631 .24 feet; thence North 89 degrees
21 minutes 02 seconds East 409. 98 feet for a place of beginning;
thence North 0 degrees 31 minutes 58 seconds West 215 . 00 feet;
thence North 89 degrees 21 minutes 02 seconds East 200. 00 feet;
thence South 0 degrees 32 minutes 58 seconds East 215 . 00 feet;
thence South 89 degrees 21 minutes 02 seconds West 200 . 00 feet
to the place of beginning, being part of the West 1/2 of the
West 1/2 of the Northwest 1/4 of said Section 36 .
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File No: 160-99-0224
Exhibit A - Legal Description -/ oDT,,,-•
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-1' COLLIER COUNTY RECORDED This instrument was prepared by:
GEORGE F.HERO n
v
It IF arrant IN COM MEnCrAL Sou,.B.. MI,wC v t.ElutulI C Ma —
0603 SouT..D:.rc H:c«w•••SuncQZO
(STATUTORY FORM—SECTION 689.02 F.S.) mm.i.rt.oe:o.33:a3 CD
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Mite Jnbruturr, Mode this YI• day of October 19 85, iirtwern
SUSAN A. ZAISER, a single woman
of the County of DADE , State of FLORIDA , grantor', and
TAMIAMI FORD, INC. .
whose post office oddreu is 4075 N. Tamiami Trail, Nanles, Florida 33940 e=
0
of the County of C O L L I ER , State of FLORIDA -1D N
, granty, N
�tint811rth, That sold grantor, for and in consideration of the sum of TEN AND NO/100 rn t �
.c.-
($10.00)
Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in COLLIER County, Florida, to•wit:
The West i of the West f of the Northwest 4 excepting the South 2005.80 feet thereof;
excepting the West 50 feet thereof; and further excepting the following described parcel:
Commencing at the Northwest corner of • -36 T49S, R25E, Collier County, Florida;
thence along the North line of s- -, ti6` • 4'-44" E 50.00 feet to the East
right-of-way line of Airport ;• l�r_'" a 'd right-of-way line S0142'-05"
631.24 feet; thence N 89°- 09.98 feet • of beginning: thence N
0°-32'-58" W 215.00 feet; ZT' 02"N 890-2l'-02" E 200.e. thence S 00-321-58" E
215.00 feet; thence S 8:0-2'1'"+ W 200.00 feet to the . ace f beginning, being part
of the W i of the W i o the . • d Section 6, and ubje t to a road easement over
the South 30 feet and •ver he - - s ion 36, Town hip 40 South, Range 25
East, Collier County, Flor da.
SUBJECT TO: 1. Conditi.ns t ., o lb. ' ut ny such interest that may
have been terminated a e n• re re m..s b �T. •ppl cable zoning ordinances,
taxes and assessments forear 19:, . a d M t .
and said grantor does hereby fulr• I the title to said land, an• def nd against the lawful claims of all
persons whomsoever.
`"Grantor" • "rej s" are used for singular or pl gl;al E text requires.
r•n Witnrea i1ttrrenf, Gr.•t4 ds ,to set gran9C4 figpd\'�pol al the day and year first above written.
Ili, sealed an delivered in our presence: C----,
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_�r \ •-•.._.._ x If �Tsil �i. �"G"4C�.d (Seal) I
41 / (Seal)
Received $ 7,��•O()-- IlnrLlmentarySterno Tax (Seal) •
Collier County, Florida
rn . Reagan Cllee jk . (Seal)
STATE OF
FLORIDA,. by ��� D.C.
it COUNTY OF DADE, ) SS.'
I HEREBY CERTIFY that on this day before me, on officer duly quolified to take acknowledgments, personally appeared
SUSAN A. ZAISER, a single woman,
.4
- to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that
.. She executed the some.
WITNESS my hand and official seal in the County and State'osl foresoid this Vo�f�
F day err.
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My commission expires: / NotaryotPublic 1
. STATE OF FLORIDA AT LARGE
AOTAAY FOLIC STATE CF rum ,, U
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NY CONMISZIOM EXP. RAY 9, 1090 - •1 i1••
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PALM BEACH OFFICE; .• - • ' MIAMI OFFICE:
4889 LAKE WORTH ROAD ::•-•' ' c••.s'^•3 i y"` SUITE 300
LAKE WORTH,FLORIDA 33483 '.• • • r• '" COMMERCIAL BANK OF KENDALL
1-13051439.7310 --.•fir'• )r 1;)'�`,u' 8867 SOUTH DIXIE HIGHWAY
• rt MIAMI,FLORIDA 33143
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R113051 665.1708
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WILLIAM 1.NFAUAN
Clark or Circuit Cow.
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JB1 ( ) Exhibit B - Deviations Detail
Pagel of
1 I
/ 301-0"
ELEV: 32'-0" (41.80')
V
ELEVATION : 22'- HIGH PT. OF STRUCT.
4" CM PANEL I STUCCO ELEV: 21'-4"
TOP OF CANOPY \ i PARAPET (BEYOND)
I 1
c ELEV: 18'-6"
= TOP OF MASONRY
FLUSH I = ELEV: 9'-10°
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METAL PANEL BOT. OF BOND BEAM
PRECAST
- 1 CONCRETE I ' __-
.4ELEV: O'-6"
Alk FINISH FLOOR
—H.M. DOOR r FENCE GATES IN
OVERHEAD I MASONRY OPENING
COILING DOOR
2 PARTIAL EAST ELEVATION
SCALE: 1/16" = I'-0" (NORTH END)
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I I i CM PANEL
GLAZED O.H. ELEV: 32'-0" (41.80')
SECTIONAL DOOR HIGH PT. OF STRUCT.
STUCCO ELEV: 24'-0"
N.M. DOOR 1 /Illy TOP OF PARAPET
ELEV: 22'-4"
—- _ TOP OF CANOPY
ilMallill
I BOT. OF CANOPY
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FLUSH METAL PANEL
i t 1 _I , IF ELEV: 0'-0"
FINISH FLOOR
PRECAST
N.M. DOOR CONCRETE
1 1
I PARTIAL SOUTH ELEVATION
SCALE: 1/1611 = I'-0" (EAST END)
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PROJECT No. GENERAL NOTES DRAWING No.
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Buffer/plant material -Sheet 1
Exhibit B - Deviations Detail
Page 3 of 5
ATTACHMENT "A"
PROJECT NARRATIVE, DEVIATION JUSTIFICATION SUMMARY
EVALUATION CRITERIA
The purpose of this Site Plan with Deviations application is to permit the LDC's existing and
required landscape buffering for developments adjacent to properties with an Industrial-I zoning
designation and vehicular rights-of-way (ROW), as prescribed by Sec. 4.06.02, to be sufficient
screening for overhead doors along the primary facades,facing Dean Street.
1. A deviation from LDC Section 5.05.08 D.8.a, which requires that overhead doors must be
adequately screened when located on the primary facades with a screening wall with a
minimum height of 6-feet measured from the height of the adjacent roadway or a landscape
buffer achieving 75 percent opacity within one year,to instead allow the subject property to
be redeveloped consistent with the landscape screening regulations in place at the time the
building permit was approved for the construction of the overhead doors,COMM 99-101254.
This buffer will be enhanced with Type B Buffer planting materials but will not require
additional screening of a wall or fence.The buffer width along the eastern property boundary
shall be 10-feet wide.
Justification: The existing building contains overhead doors that have been present at least
since 2000; prior to the adoption of Ordinance 2004-72. Said ordinance was amended and
adopted to specify additional screening and landscape requirements for developments with
overhead doors located on a primary façade. Prior to that time a Type "D"landscape buffer
was the required and approved buffer yard along the eastern perimeter(adjacent to the right-
of-way) for the development. Additionally, there was no screening wall requirement for
overhead doors on primary facades at the time the overhead doors were originally installed
on the existing building.
The applicant/property owner is proposing to redevelop the site and continue to operate an
automotive service center with overhead doors in the same location as initially approved on
the original site plan, with the addition of an awning to enhance the eastern façade, and a
Type "D" landscape buffer along the eastern perimeter of the property. This buffer will be
enhanced with Type B Buffer planting materials(consistent with the provided landscape plans
attached to this application and submittal)but will not require additional screening of a wall
or fence. The buffer width along the eastern property boundary shall be 10 feet wide.
Within the surrounding area, several other properties are also developed with buildings
containing overhead doors on the primary façade without the screening requirements
specified in LDC 5.05.08 D.8.a. Therefore, the proposed landscaping would not negatively
affect the aesthetics and appearance character of the immediate surrounding area without
the additional wall or fence screening component,nor affect the health,safety and welfare of
the surrounding community.
Exhibit B - Deviations Detail
Page 4 of 5
2. LDC section 5.05.08 D.2.b Design features.The design of primary facades must include,at a
minimum,two of the following design features:
i. Glazing covering a minimum of 25 percent of the primary facade area, consisting of
window and/or glazed door openings.
a. Alternative. Trellis or latticework on the primary façade used as a support for
climbing plants may count for up to 50 percent of the window area on primary
facades.The planting area shall bean irrigated bed 3 feet in depth and a minimum
width equal to the width of the trellis with 3 gallon vines at 3 feet on center at
time of installation.Climbing plants shall achieve 80 percent opacity on the trellis
within one year.
ii. Projected or recessed covered entrance providing a minimum horizontal dimension of
eight feet and a minimum area of 100 square feet. In addition, a minimum of 15 percent
of the primary facade area must be devoted to window and/or glazed door openings.
iii. Covered entrance with a minimum horizontal dimension of 16 feet and a minimum area
of 200 square feet. In addition,a minimum of 15 percent of the primary facade area must
be devoted to window and/or glazed door openings.
iv. Covered walkway,or arcade(excluding canvas type)constructed with columns at least 12
inches wide,attached to the building, or located no more than 12 feet from the building.
The structure must be permanent and its design must relate to the principal structure.
The minimum width must be eight feet, with a total length measuring 40 percent of the
length of the associated facade. In addition, a minimum of 15 percent of the primary
facade area must be devoted to window and/or glazed door openings.
v. Awnings located over doors, windows, or other ornamental design features projecting a
minimum of 2 feet from the facade wall and a width totaling a minimum of 40 percent of
the facade length. In addition, a minimum of 15 percent of the primary facade area must
be devoted to window and/or glazed door openings.
vi. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum
of 15 percent of the primary facade area must be devoted to window and/or glazed door
openings.
vii. A tower element such as but not limited to a clock or bell tower element. In addition, a
minimum of 15 percent of the primary facade area must be devoted to window and/or
glazed door openings.
viii. Trellis or latticework covering a minimum of 15 percent of the primary facade and used
as a support for climbing plants.The planting area shall be an irrigated bed 3 feet in depth
and a minimum width of the trellis with 3 gallon vines at 3 feet on center at time of
installation and climbing plants shall achieve 80 percent opacity on the trellis within one
year. This provision shall not be utilized with the alternative design feature identified in
LDC section 5.05.08 D.2.b.i.a).
Exhibit B - Deviations Detail
Page 5 of 5
ix. Entry plaza to the building with a minimum 200 square feet in area that includes seating.
In addition, a minimum of 15 percent of the primary façade area must be devoted to
window and/or glazed door openings.
x. Elevated entry a minimum of 16 inches in elevation above the primary finished floor of
the building bordering or connected to the building façade and a minimum of 400 square
feet in area.The area calculation may include interior and exterior spaces of raised surface
with not more than 50 percent of interior area. In addition, a minimum of 15 percent of
the primary façade area must be devoted to window and/or glazed door openings.
xi. Entry courtyard contiguous with the building entry and connected to the primary façade
consisting of a defined space with a minimum area of 650 square feet.The courtyard may
be any combination of hard or softscape with walkways and defined hard edge,
decorative fencing, or a minimum 4 foot wall(s). In addition, a minimum of 15 percent of
the primary façade area must be devoted to window and/or glazed door openings.
Justification: A deviation from LDC Section 5.05.08 D.2.b, which requires a minimum of two
design features along primary facades to instead deviate from all the primary façade
requirements on the east elevation. Given several of the design standards require a
percentage of the facade be devoted to glazing with or without glass doors, the design
standards cannot be fully met. Being that the eastern side of the building is not operationally
designed for public access for insurance liability reasons and this area is restricted from the
public, based on coordination with County review staff, an awning located at the service drive
portion of the façade is being provided. The awning will be 5-feet in depth and approximately
30 feet in width, clad with some of the ARM product utilized to accent other facades on the
building. This is the only location where this material will be utilized on the east façade;making
this design element a more prominent feature on the facade. With this alternative design, we
are requesting a deviation from the primary façade glazing requirement Per LDC section
5.05.08.D.2.b, on the east elevation of the proposed building.
Additionally, the glazing requirement was originally adopted under Collier County Ordinance
2004-72, under Section 5.05.08.D.2.b, meaning this requirement was instituted after the
original development of the site. The existing building currently does not meet this glazing
standard, while the facade has solid overhead doors similar to what we're proposing. The
overhead doors will be open all day during business hours for access to the service bays and
closed at night for security reasons. We also have a unique commercially zoned property
located adjacent to an industrial park. This is not a retail frontage as would typically be the
case for a primary façade on a commercial property. Please see the attached pictures of the
existing conditions. The properties east and south of the project are both industrially zoned
and currently have overhead doors facing the Tamiami Ford property. Lastly, while we
understand that this in itself should not constitute approval of this request, we would hope it
would be considered in this case. Impact rated 14' doors are very costly (approximately
$10,000 per door), and tandem, or glass impact rated door costs 2-1/2 to 3-1/2 times that,
while offering no added functional benefit given they are open 100% of the time during
business hours. Based on all of what we've shared, we would ask that we be allowed to utilize
solid impact rated overhead coiling doors and deviate from the above referenced glazing
requirement.