Approve internally illuminated entrance portal for Kendall Toyota dealership

DATE: March 1, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Kendall Toyota - Proposed Internally Illuminated Wall – Determination of Architectural Harmony _________________________________________________________________________________ PETITION REQUEST Kendall Imports, LLC is requesting the Village Council’s final determination of architectural harmony and approval of their request to internally illuminate the existing glass wall at the front of the Kendall Toyota Automobile Dealership. Pursuant to Division 5.19 of the Village’s Land Development Regulations, “the village council shall make the final determination of architectural harmony”. OWNERS/APPLICANT Melissa Tapanes, Esq. (Applicant); Kendall Imports, LLC (Owner). PROPERTY DESCRIPTION/SITE LOCATION The subject property is located at 10943 Pinecrest Parkway, Pinecrest, Florida 33156 within the BU-1A, General Business Development and BU-2, Special Business Development zoning districts. 2 SUBJECT PROPERTY BACKGROUND On July 18, 2017, the Village Council approved a conditional use permit and site development plan allowing for the expansion of the Kendall Toyota Service garage approximately 93 feet to the south and 34 feet to the east. One of the requirements for approval of a site development plan includes analysis of the proposed development related to conformance with applicable regulations of the zoning district in which it is located. One of the comments of the staff report to the Village Council indicated, “Sheet A 4.01 of the submitted plans shows a new entrance “portal” that is proposed to be installed at the entrance to the existing Toyota dealership. The glass portal is not part of the plan submittal for the proposed garage extension and will be reviewed separately in conjunction with planned interior and exterior remodeling at the Toyota dealership. Division 5.19 of the Village’s Land Development Regulations requires all buildings to be constructed of an architectural style and color which will harmonize with the premises and with other buildings in the adjoining area. The initial proposed glass portal design includes internal lighting that would not be consistent with the Village’s architectural standards, in staff’s opinion. The applicants are in the process of addressing design issues identified by staff”. Following consideration of the Applicant’s plans and request for a conditional use permit at the advertised public hearing in 2017, the Village Council imposed the following condition of approval: “Architectural design of the entrance portal shall be designed to be consistent with the architectural standards of the Village’s Land Development Regulations and Pinecrest Parkway (US 1) Corridor Plan and shall be reviewed and approved separately by the 3 Administrative Official”. In July 2021, Kendall Toyota submitted an application to the Building and Planning Department for a building permit to illuminate the glass wall. The proposed design and appearance of the internally illuminated wall had not changed and was not different from the design and appearance of the wall that the Village Council referenced in its 2017 Development Order. The permit application was denied since the wall was proposed to be internally illuminated in the same way as originally intended, contrary to the Village Council’s condition of approval. In an attempt to review the proposed illumination of the wall on the property in actual conditions, the Village Manager and Planning Director have asked Kendall Toyota on different occasions if they could allow for a period of temporary illumination to give the Village Council and Administration an opportunity to observe the internally illuminated wall before making a permanent decision. Staff also inquired about the possibility of installing a dimming control switch on the proposed illuminated wall. Kendall Toyota has declined to install a dimming control switch or to agree to a temporary period of illumination. On October 13, 2021, Kendall Toyota submitted an application requesting the Village Council’s final determination of architectural harmony and approval of their request to internally illuminate the existing wall at the front of the Kendall Toyota Automobile Dealership. CONTINUANCE The Applicant’s request for final determination of architectural harmony was scheduled for the Village Council’s consideration on January 11, 2022, but was continued at the request of the Village and the Applicant to provide both parties with the opportunity to review historical records related to exterior lighting conditions, and to address lighting compliance issues noted in a Code Compliance Reminder notice issued by the Village of Pinecrest in December 2021. The Building and Planning Department has provided records and information to the Applicant and has since met multiple times with the owner of Kendall Toyota to review existing lighting conditions. The Village asserts that some of the new lights installed at Kendall Toyota were installed following erroneous issuance of a permit, and that others were installed without required permits. Staff will continue to work with the property owners, assigned Code Compliance Officer, Building Official, Village Attorney, and Special Magistrate in resolving the pending code compliance issue related to exterior lighting violations. The code compliance question has not been resolved or adjudicated as of this date and staff recommends that the determination of architectural harmony be continued again to allow time to correct the lighting violations on the property. 4 PUBLIC COMMENT The Building and Planning Department has not received any public correspondence regarding the Applicant’s request to illuminate the existing glass wall. PINECREST CODE OF ORDINANCES - CHAPTER 30, LAND DEVELOPMENT REGULATIONS Division 5.19 Appearance of Site and Structures. The proposed internally illuminated wall is inconsistent with Division 5.19 of the Village's Land Development Regulations. As indicated in the original staff report to the Village Council in 2017, Division 5.19 of the Village’s Land Development Regulations requires all buildings to be constructed of an architectural style and color that will harmonize with the premises and with other buildings in the adjoining area. Predominant and preferred architectural styles included within the Pinecrest Parkway (US 1) Vision Plan are Key West Vernacular, Old Florida Vernacular, and Caribbean Colonial Vernacular. The following standards shall apply within all zoning districts: (a) Architectural style and color. All buildings constructed shall be of an architectural style and color which will harmonize with the premises and with other buildings in the same neighborhood. Facades shall be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls, while providing visual interest that will be consistent with the community's identity and character through the use of detail and scale. Buildings constructed within the commercial zoning districts adjacent to Pinecrest Parkway shall be designed in accordance with the architectural styles and color palette of the Pinecrest Parkway (US 1) vision plan. Corporate chain building designs and prototype/generic architectural designs may be permitted to the extent that they comport with the architectural design standards of the Pinecrest Parkway (US 1) Vision Plan adopted by the Village Council on October 9, 2012. (f) Exterior lighting. Light sources shall be shielded and arranged to eliminate glare from roadways and streets; and shall be directed away from properties lying outside the district. Shielding of lighting elements shall be accomplished by using an opaque shade to direct the light. The proposed glass wall design includes internal lighting that would not be consistent with the architectural design requirements of Division 5.19 of the Village’s Land Development Regulations, and an internally illuminated wall would not harmonize with other buildings in the same neighborhood. Staff is unaware of any other façade or wall in the Village of Pinecrest that is internally illuminated and designed in the same way as the proposed 5 illuminated wall is designed. Examples of internally illuminated Toyota building facades are provided below. Germain Toyota Germain Toyota 6 North Miami Toyota West Kendall Toyota 7 Division 4.3 (e) General business (BU-1A) district. 1. Intent. The proposed illuminated wall would be inconsistent with the intent of the BU-1A zoning District: (e) General business (BU-1A) district. 1. Intent – Businesses within the BU-1A district are located within the US 1 linear commercial corridor and are intended to accommodate retail sales and services, including highway-oriented sales and services to residents and motorists along the US 1 corridor. The BU-1A district is not intended to accommodate manufacturing of goods or other activities which may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibration or major fire hazards, or other impacts generally associated with more intensive industrial uses. The intent of the Special Business (BU-2) zoning district is similar to the intent of the BU-1A district regarding the generation of nuisance impacts. The BU-1A and BU-2 zoning districts are not intended to accommodate uses that may generate nuisance impacts. Chapter 15, Nuisances, of the Village’s Code of Ordinances indicates lighting to be a nuisance when found to be inconsistent or contrary to adopted standards. An Illumination Study, completed by Allied on December 27, 2021 (attached) confirms existing lighting levels at the Kendall Toyota property line adjacent to Pinecrest Parkway to be as high as 48.2 foot-candles, or 96.4 times greater than otherwise permitted by code today. Additionally, a recent field inspection completed by the Building and Planning Deportment has confirmed that several of the existing lights on the subject property are not shielded and are causing glare. The proposed illuminated wall may result in the addition of more lighting intensity to the site that is already non-conforming with regard to existing unshielded lighting fixtures and intensity of lighting at the property line. Recent photographs showing existing lighting conditions on the subject property are provided on pages 9 and 10 of this report. Division 4.8 Pinecrest Parkway (US 1) Corridor Development Standards. The proposed internally illuminated wall is inconsistent with Division 4.8 of the Village's Land Development Regulations - Pinecrest Parkway (US 1) Corridor Development Standards, Paragraph (e) Site Development Standards and Amenities: Division 4.8 (e) 6. Lighting. Pedestrian scale lighting oriented downwards, decorative lighting, and accent lighting shall be incorporated into site plans for the redevelopment of a subject property adjacent to pedestrian walks and gathering spaces as described and illustrated in the village's Pinecrest Parkway (US 1) vision plan. The existing intensity of glare on the property with multiple unshielded light fixtures, and an intensity of lighting at the property line that exceeds the Village’s established maximum of 0.5 foot candles may be exacerbated with the addition of a lighted façade and would not 8 be consistent with intended and planned “decorative lighting” and “accent lighting” adjacent to Pinecrest Parkway. Division 5.20 – Non-conformities. Internal illumination of the existing glass wall would likely add lighting to the exterior of the property that would likely increase the existing degree of non-conformity, contrary to Division 5.20 of the Village’s Land Development Regulations. The Land Development Regulations limit lighting at the property line to a maximum of 0.5 foot candles. Pending code compliance questions notwithstanding, an Illumination Study completed by Allied on December 27, 2021 (attached) confirms existing lighting levels at the property line adjacent to Pinecrest Parkway to be as high as 48.2 foot-candles, or 96.4 times greater than otherwise permitted by code today. Division 5.20 (b) prohibits any increase in non-conformity. Although Division 5.20 (b) (1) below allows restoration of a non-conformity, and Division 5.2 (b) (2) below allows repairs of a non-conformity, section (1) states that a non-conforming feature may not be increased or intensified, and section (2) states that no alterations shall be made which would increase a non-conforming feature of a structure: Div. 5.20 (b) Increase in permitted nonconformities prohibited. Unless otherwise provided for in the land development code, this division is intended to prohibit nonconformities from being enlarged upon, expanded or extended or used as grounds for adding other structures or uses prohibited elsewhere in the same district. Exceptions may be approved when the nonconformity is changed to a conforming use, when improvements are required by law, or as follows: (1) Restoration. Any nonconforming structure which has been damaged or made unsafe or unusable to an extent less than 50 percent of its assessed value, may be restored or reconstructed for its intended use, provided the floor area of such use, building or structure shall not exceed the floor area which existed as of November 27, 2000. All repairs shall be substantially completed within one year after damages occur or such use shall not be rebuilt except as a conforming use. A nonconforming feature may not be increased or intensified. (2) Repairs. Normal maintenance and repair and incidental alteration of a nonconforming structure or a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability; provided, however, that no structural alterations shall be made which would increase the number of dwelling units or otherwise increase a nonconforming feature of the structure. 9 10 Division 7.14. Illumination. The proposed internally illuminated façade is inconsistent with Division 7.14 of the Village's Land Development Regulations. The illuminated wall is proposed to be illuminated with internal Light Emitting Diode (LED) lights. Division 7.14 of the Village's Land Development Regulations specifically prohibits the illumination of building facades with Light Emitting Diodes (LED) or other wall washer or building wash lights: Illumination of building facades with light emitting diodes (LED) or other "wall washer" or "building wash" lights is prohibited. PINECREST CODE OF ORDINANCES - CHAPTER 15, NUISANCES Lighting contrary to the standards of Chapter 15 of the Pinecrest Code of Ordinances is considered to be a nuisance: (10) Lighting. Exterior lights installed on private property must be designed, arranged or shielded in such a manner that all adjacent properties and the public roadways are protected from direct or reflective glare or hazardous interference to pedestrians or motorists. The fixtures shall be shielded and aimed downwards. Lighting intensity shall be limited to 0.5 foot-candles at the property line. The proposed internally illuminated wall would likely result in the addition of more lighting intensity to the site that is already non-conforming in terms of glare and intensity of lighting at 11 the property line. Please refer to the photographs included above and to the attached Illumination Study. PINECREST COMPREHENSIVE DEVELOPMENT MASTER PLAN The proposed illuminated wall is inconsistent with goals of the Village's Comprehensive Development Master Plan, including the following: Policy 1-1.7.1. Reinforce and Enhance the Village's Community Appearance. Major physical attributes within the Village shall be preserved through application of design review standards and management of signs, landscaping, open space preservation, tree protection, and other urban design amenities. Special emphasis shall be placed on preserving and/or improving the character of major natural and man-made corridors, including the waterways or major drainage corridors, and major transportation corridors which serve as a focal point for the motoring public. Illumination of the front wall as requested by the Applicant would not enhance the appearance of the community or improve the character of the Pinecrest Parkway Corridor, and it would add lighting to the site that is already several times brighter at the property line than other commercial properties adjacent to Pinecrest Parkway. An internally illuminated wall is not consistent with the existing and planned architectural character of the Pinecrest Parkway Corridor. The Building and Planning Department is not aware of any other walls or facades that are internally illuminated in the way that the proposed wall would be, if approved. Policy 1-1.7.2. Pinecrest Parkway Vision Plan. Pursue implementation of the consensus aspects of the Pinecrest Parkway Vision Plan through the revision of the Land Development Regulations. The Village may consider adopting the color palette and architectural and sign design standards presented in the Pinecrest Parkway Vision Plan, as may be amended prior to or after adoption, for future commercial development to reinforce the Pinecrest “brand identity” of new and renovated buildings within the Village’s non-residential corridors. The Village completed and adopted the Pinecrest Parkway (US 1) Vision Plan in 2012 for improvement of conditions along the US 1 corridor and has recently engaged consultants and residents in the process of updating the plan. The Village has incorporated recommendations of the Vision Plan into the Village’s Comprehensive Development Master Plan and adopted related standards in the Village’s Land Development Regulations for implementation of plan recommendations. The architectural style of the proposed internally illuminated wall would not be consistent with the preferred architectural styles of the Pinecrest Parkway (US 1) Vision Plan, and 12 would not be compatible with the established and evolving Pinecrest aesthetic and character of the commercial zoning districts adjacent to Pinecrest Parkway. STAFF RECOMMENDATION The Building and Planning Department recommends denial of the request to illuminate the existing glass wall for the following reasons: 1. Illumination of the wall would be inconsistent with the plans and Development Order approved by the Village Council in 2017 that specifically excluded internal illumination of the wall. Architectural design of the glass wall has not been designed to be consistent with the architectural standards of the Village’s Land Development Regulations and Pinecrest Parkway (US 1) Corridor Plan as required by the Village Council’s approved Development Order. The proposed illumination has been reviewed by the Administrative Official and has not been approved. 2. Illumination of the wall and the glare emanating from the lights in the wall would be inconsistent with the intent of the BU-1A and BU-2 zoning districts. 3. Illumination of the wall would be inconsistent with the requirements and standards of the Village's Land Development Regulations, including Divisions 4.3, 4.8, 5.19, 5.20, and 7.14. 4. Illumination of the wall would be inconsistent with the design standards of the Village's adopted Pinecrest Parkway (US 1) Vision Plan. 5. Illumination of the wall would be inconsistent with the standards of Chapter 15 of the Village's Code of Ordinances. 6. Illumination of the wall would be inconsistent with policies of the Village's Comprehensive Development Master Plan. Illumination Study N 10943 S Dixie Hwy This inspection was performed with Digital Lux Meter Model LX1330B on 12/27/2021 at ~7pm Typical Street Lighting One Street Light Fixture Not-Working 3.3 2.0 2.1 1.7 1.4 2.5 4.8 5.1 4.2 9.7 43.1 34.5 36.8 24.3 33.2 34.7 28.6 12.2 16.1 38.5 32.1 31.4 48.2 36.6 41.4 13.2 9.1 2.9 1.7 27.3 All illumination points were taken along the west property line adjacent to edge of sidewalk. All readings shown are in Foot Candles For Village of Pinecrest Certificate of Authorization 28536 8203 SW 124 St, Pinecrest, Fl 33156 305-234-7377 Mark Reardon, R.A. AR0017521 SIGN