Decide on internal illumination of Kendall Toyota dealership entrance portal

DATE: October 26, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Kendall Toyota – Internal Illumination of Entry 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 synthetic glass entry 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 Administrative Official”. 3 In July 2021, Kendall Toyota submitted an application to the Building and Planning Department for a building permit to illuminate the synthetic glass wall. The permit application was denied given the wall was proposed to be internally illuminated in the same way as originally submitted during the conditional use permit process in 2017. 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 entrance wall at the front of the Kendall Toyota Automobile Dealership. CONTINUANCE The Applicant’s request for final determination of architectural harmony was originally scheduled for the Village Council’s consideration on January 11, 2022, but has been continued at the request of the Village and the Applicant to provide both parties the opportunity to review historical records related to non-conforming exterior lighting conditions and to address an unresolved code requirement for the shielding of light fixtures in the parking lot. The Building and Planning Department provided records and information to the Applicant and has since met multiple times with the owner of Kendall Toyota to review existing lighting conditions. An Illumination Study, completed by Allied on December 27, 2021 (attached) confirmed 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 field inspection completed by the Building and Planning Department confirmed that several of the existing lights on the subject property are not shielded and are causing glare. Photographs showing lighting conditions on the subject property are provided on pages 7 and 8 of this report. Most recently, Kendall Toyota completed an evaluation of current lighting conditions and concluded that several existing lights were installed without shields and oriented in the wrong direction. In response to the outstanding code compliance matter, Kendall Toyota has offered to enter into a Settlement Agreement to reduce the intensity of lighting at the property line over the course of time. The proposed Agreement will be considered as a separate agenda item by the Village Council on November 1, 2022, ahead of the hearing to determine architectural harmony of the illumination of the entry wall. PUBLIC COMMENT The Building and Planning Department has not received any public correspondence regarding the Applicant’s request to illuminate the existing entry wall. 4 CODE OF ORDINANCES - CHAPTER 30, LAND DEVELOPMENT REGULATIONS Division 5.19 Appearance of Site and Structures. 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: 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. Administrative staff has taken the position that while the entry wall is constructed in a style that is architecturally harmonious, its internal illumination is not. 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 illuminated wall is designed. Examples of other internally illuminated Toyota building facades are provided below: 5 Germain Toyota Germain Toyota 6 North Miami Toyota West Kendall Toyota 7 Division 4.8 Pinecrest Parkway (US 1) Corridor Development Standards. Division 4.8 of the Village’s Land Development Regulations requires incorporation of pedestrian scale lighting oriented downwards, decorative lighting, and accent lighting into site plans for redevelopment adjacent to pedestrian walks: 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 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. The size and scale of the illuminated façade would not be consistent with intended and planned “decorative lighting” and “accent lighting” adjacent to Pinecrest Parkway. 8 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: 9 Illumination of building facades with light emitting diodes (LED) or other "wall washer" or "building wash" lights is prohibited. PINECREST PARKWAY (US 1) VISION PLAN The 2012 Pinecrest Parkway (US 1) Vision Plan includes examples of decorative lighting, accent lighting down lighting, and pedestrian scale lighting, and encourages use of “dark sky friendly fixtures to minimize light pollution”. Illumination of the entrance wall as indicated in the example photographs on pages 5 and 6 above would not be consistent with these preferred lighting types. The recently adopted 2022 Pinecrest Parkway (US 1) Vision Plan includes a vision statement that allows for “different architectural styles” that promote “high quality architectural design”. 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 would not be consistent with its existing and planned architectural character. 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. 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 compatible with the established and evolving Pinecrest aesthetic and character of the commercial zoning districts adjacent to Pinecrest Parkway. 10 STAFF RECOMMENDATION Division 5.19 of the Village’s Land Development Regulations states, “The village council shall make the final determination of architectural harmony.” During the July 18, 2017 conditional use permit review, the Village Council acknowledged concerns about the internally lit entrance wall, and staff has taken the position its internal illumination would be inconsistent with the requirements and standards of the Village's Land Development Regulations, including Divisions 4.8, 5.19, and 7.14; and inconsistent with policies of the Village's Comprehensive Development Master Plan. Ultimately, the Village Council is the arbiter of this issue, hence it is now before the Village Council for consideration. In the course of deliberation of architectural harmony, the Village Council may or may not find the feature to be harmonious and may consider and impose conditions of approval. 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 October 13, 2021 VIA E-MAIL & HAND DELIVERY Mr. Stephen Olmsted, AICP Planning and Zoning Director Village of Pinecrest 12645 South Dixie Highway Pinecrest, Florida 33156 RE: Request for Final Determination of Architectural Harmony for Permit No. EL2020-0540 for the Property located at 10943 S. Dixie Highway, Pinecrest, Florida Dear Mr. Olmsted: This law firm represents Kendall Imports, LLC (d/b/a Kendall Toyota) (“Applicant”) in connection with the property located at 10943 S. Dixie Highway in the Village of Pinecrest (“Village”) (“Property”). Please consider this the Applicant’s letter of intent requesting a final determination of “architectural harmony” from the Village Council related to Permit No. EL2020-0540 to allow illumination of the entrance portal at the Property (“Entrance Portal”). As required by Development Order 2017-0718-3, the Entrance Portal is consistent with the architectural design standards of the Village’s Land Development Regulations and the Pinecrest Parkway (US1) Corridor Plan (“US1 Corridor Plan”). Background. In July 2017, the Village approved a conditional use permit and site development plan for the expansion of the existing Toyota Service Garage (“Development Order”). See Exhibit A, Development Order 2017-0718-3. As part of the Development Order, the Entrance Portal was to be designed consistent with the architectural design standards of the Village’s Land Development Regulations and the US1 Corridor Plan. In September 2017, the Village issued Building Permit BL2016-1028 (“Building Permit”), which authorized interior renovations and façade improvements on the Property. Condition #3 of the Building Permit stated that future illumination of the Entrance Portal would require issuance of a separate electrical permit. See Exhibit B, 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 www.brzoninglaw.com 305.377.6227 office 305.377.6222 fax mtapanes@brzoninglaw.com Mr. Stephen Olmsted, AICP Village of Pinecrest Page 2 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com Building Permit. In January 2021, consistent with Condition #3, the Applicant applied for a separate electrical permit. In response, the Village provided comments, to which the Applicant responded. See Exhibit C, Comments and Responses. Despite the Applicant’s good faith efforts to address comments and work with the Village administration, the Applicant and administration have concluded that Village Council approval is necessary to secure the electrical permit that will allow the Entrance Portal to be illuminated as required by the Toyota franchise. As a result, the Applicant respectfully requests final determination of “architectural harmony” from the Village Council pursuant to Code Division 5.19(a). The Entrance Portal is in harmony with the premises and with other buildings in the neighborhood because the Entrance Portal is a corporate chain building design, which are common throughout the Pinecrest Parkway. The Entrance Portal is a proprietary requirement of the Toyota franchise model. See Figure 1 and Figure 2, below. Further, the Entrance Portal is designed in accordance with the architectural styles and color palette of the US1 Corridor Plan. The Entrance Portal reduces the mass, scale and uniform monolithic appearance of the dealership building, while providing visual interest from the commercial streetscape. Figure 1 Mr. Stephen Olmsted, AICP Village of Pinecrest Page 3 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com Figure 2 Architectural Harmony with the LDRs and US1 Corridor Plan. Division 5.19(a) of the Code provides that all buildings shall be of an architectural style and color that is in harmony with the premises and with other buildings in the same neighborhood. Façades shall be designed to reduce the mass, scale and uniform monolithic appearance of large unadorned walls, while providing visual interest. Articulation shall be required and accomplished by varying the building's mass in height and width so that it appears to be divided into distinct massing elements and details that can be perceived at the scale of the pedestrian or motorist. 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 US1 Corridor Plan. Chapter 5.7.1 of the Plan states that the locale wishes to encourage architecture that is attractive and compatible with its current buildings and structures. Further, Chapter 5.7.1 seeks to endorse unique buildings within a cohesive group. The Plan states the Village adopts a flexible, but well-defined color scheme for new and existing commercial signage. Mr. Stephen Olmsted, AICP Village of Pinecrest Page 4 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com Further, local stakeholders have identified, and overwhelmingly supported, the use of grey, white, black, and red. See Chapter 5.7.2, US1 Corridor Plan. Corporate chain building designs may be permitted to the extent they comport with the architectural design standards of the US1 Corridor Plan. Along the Pinecrest Parkway, there are numerous buildings that utilize corporate chain designs with illumination. For example, Ethan Allen, Chase Bank, and LBU Lighting utilize internal illumination similar to the Entrance Portal to create distinct massing elements and details. See Figure 3, below. Figure 3 The Entrance Portal reduces the mass, scale and uniform monolithic appearance of the front elevation of the building, while providing visual interest to the Property because the Entrance Portal varies the elevation’s height and width. The Entrance Portal is detached and stands lower than the main structure. This design creates an appearance of divide by creating distinct massing elements and details that are perceived at scale from the street. The Entrance Portal artfully breaks up the massing of the front elevation by shifting the volume of the structure to create movement and architectural interest. Further, when the Entrance Portal is illuminated, it provides visual interest as it is a unique design and hallmark of Toyota dealerships. See Figure 1 and Figure 2, above. Without the illuminated Entrance Portal, Kendall Toyota would lose its exclusive design, lose visual interest from potential customers, and violate its franchise agreement. The Entrance Portal is designed in accordance with the architectural styles of the US1 Corridor Plan. The Entrance Portal is an elegant, corporate design that fits seamlessly within the commercial context of the US-1 Corridor. The Entrance Portal’s design is inimitable and fits within the cohesive group of structures within the Kendall Toyota campus, thus achieving the Plan’s goal to encourage architecture that is attractive and compatible with its current buildings and structures. In addition, Toyota, the largest automaker in the world, supports the environment through its electrified product offerings and plans to debut three (3) new electrified models to Mr. Stephen Olmsted, AICP Village of Pinecrest Page 5 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com the U.S market in 2021. See Exhibit D, Toyota Press Release. Last, the Entrance Portal aligns with the Plan’s desired color palette. The overwhelming surface area of the Entrance Portal’s façade is white, with gray outlines. The Toyota logo and overhang are red, and the word “Kendall” is written in black, which aligns with local stakeholders’ desire for the use of gray, white, black, and red. Compliance with Illumination Standards. There is no apparent Code provision that specifically regulates illumination of interior lighting. The Applicant is proposing illumination internal to the Entrance Portal—not an illuminated sign or the illumination of outdoor recreational facilities. Even so, the Applicant’s proposal complies with illumination standards applicable to other design features as set out in Code Divisions 7.14 and 5.25. Further, the proposed portal has a maximum of 30 candela at the face of the portal and 1 candela within 20’ of the portal, with no light leakage at or over the property line. See Exhibit E, CLI Design and ML Engineering and Inspections Services Letter. Division 7.14 of the Code regulates the illuminated signs. While the entrance portal is not an illuminated sign, the existing Toyota sign will be illuminated by interior lighting. Division 7.14 expressly provides that the signs may be illuminated by interior lighting. The Entrance Portal does not provide any “indirect lighting from any external source”, all lighting is interior to the portal. No indirect lighting from any external source will shine directly on adjacent property, signage, motorist or pedestrians, or illuminate an area greater than the area occupied by the permitted signage. See Exhibit F, Photometric Plan. Division 5.25 of the Code regulates outdoor recreational area lighting. It provides that lighting shall be designed so that any overspill of lighting onto adjoining properties or street rights-of-way shall not exceed 0.5 foot candle vertically or horizontally and shall not cause any reflected illumination onto the adjacent properties, structures, or rights-of-way. As evidence by the accompanying photometric plan, the Applicant’s proposed illuminated interior lighting does not overspill at more than 0.5 foot candle vertically or horizontally onto adjoining properties or street rights-of-way and does not cause any reflected illumination onto adjacent properties, structures, or rights-of-way in compliance with Division 5.25 of the Code. Mr. Stephen Olmsted, AICP Village of Pinecrest Page 6 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com Based on the forgoing, we respectfully request your expeditious review and scheduling this application for a final determination of “architectural harmony” from the Village Council pursuant to Code Division 5.19(a) to allow the issuance of Permit No. EL2020-0540 and consequently the illumination of the Entrance Portal at the Property. Should you have any questions, comments, or require additional information, please do not hesitate to phone me at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues CC: Lori Bean Chris Roberts Orlando Sharpe David Butter Exhibit A 12/1/2020 eTRAKiT https://etrakit.pinecrest-fl.gov/etrakit3/Search/permit.aspx 1/2 Home | Setup an Account | Log In Public Username Password LOGIN REMEMBER ME Forgot Password /Username Permits Apply / New Permit Search Permit Pay Fees Projects Search Projects Pay Fees Properties Search Property Inspections Schedule Scheduled License Search Licenses Pay Fees Violations Search Pay Fees CRM Report Issue Search Issues Shopping Cart Pay All Fees Paid Items Contact Contact us Search By: PERMIT NUMBER Contains BL2016-1028 SEARCH Permit Search Search Results Search Results PRINT EXPORT TO EXCEL PERMIT NUMBER BL2016-1028 Type: Subtype: Short Description: Status: Applied Date: Approved Date: Issued Date: Finaled Date: Expiration Date: Notes: ME2020-0134 MECHANICAL FINALED BL2020-0470 WINDOWSDOORS FINALED BL2020-0469 WINDOWSDOORS FINALED BL2020-0222 SIGNS FINALED REV2020-0025 REVISION FINALED REV2019-0379 REVISION FINALED BL2019-1628 MECHANICAL FINALED BL2019-1210 SIGNS FINALED REV2019-0181 REVISION FINALED REV2019-0156 NEW CONSTRUCTION FINALED PW2019-0035 OTHER MISC PW FINALED BL2019-0283 TRUSSES FINALED REV2019-0035 REVISION FINALED EL2019-0059 ELECTRICAL FINALED PL2019-0025 PLUMBING FINALED REV2018-0492 REVISION FINALED BL2018-1947 WINDOWSDOORS FINALED EL2018-0581 ELECTRICAL FINALED Permit #BL2016-1028 Inspections ALTERATION COMMERCIAL ALT 2 INT. RENOVATION+FACADE IMPROVEMENT FINALED 7/13/2016 9/20/2017 9/20/2017 7/7/2020 (7/12/2018 9:06 AM JC) Provide special inspector letter for the following items, to comply with Chapter 8 of Miami Dade Code of Ordinances, Sect. 8-22.2: • Reinforced masonry (FBC 2122.4) • Soil compaction under slabs on grade. • Struct. steel connections. • Curtain wall systems. Linked Activities: Permit(s) Permit Info Site Info Contacts (3) Fees $423,672.20 Inspections(307) Co Reviews (30) Exhibit B 12/1/2020 eTRAKiT https://etrakit.pinecrest-fl.gov/etrakit3/Search/permit.aspx 2/2 REV2018-0422 REVISION FINALED BL2018-1656 DRIVEWAY FINALED BL2018-1649 TRUSSES FINALED BL2018-1503 OTHER MISC BLDG FINALED BL2018-1493 RAILINGS FINALED REV2018-0343 NEW CONSTRUCTION FINALED BL2018-1379 OTHER MISC BLDG FINALED BL2018-1368 SIGNS FINALED REV2018-0272 REVISION FINALED EL2018-0282 ELECTRICAL FINALED BL2018-0869 TRUSSES FINALED PW2018-0031 OTHER MISC PW FINALED EL2018-0135 ELECTRICAL FINALED BL2018-0440 WINDOWSDOORS FINALED EL2018-0109 ELECTRICAL FINALED BL2018-0368 TRUSSES FINALED REV2018-0097 REVISION FINALED BL2018-0239 ROOF FINALED REV2018-0004 ADDITION FINALED ME2017-0323 MECHANICAL FINALED ME2017-0322 MECHANICAL FINALED PZ2017-0369 TREE REMOVAL FINALED PL2017-0531 PLUMBING FINALED EL2017-0519 ELECTRICAL FINALED REV2017-0355 REVISION FINALED BL2016-0857 ALTERATION WITHDRAWN Attachments: 10943 S DIXIE HWY - PHASE III - WAITING.LOUNGE AREA- TCO .pdf 10943 S DIXIE HWY - PHASE III - WAITING.pdf 10943 S DIXIE HWY - CU.doc.pdf 10943 S DIXIE HWY - CU.doc.pdf 12645 Pinecrest Parkway Village of Pinecrest, FL 33156 HOME | CONTACT The Village of Pinecrest, Florida makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. Type: PLANNING Department: PLANNING Condition: (8/11/2017 6:22 PM SO) 1. DIVISION 5.22 (D) LAND DEVELOPMENT CODE Lighted off-street parking facilities. All required off- street parking facilities for multiple family residential development and all nonresidential land uses shall install light fixtures which project the light rays directly to the parking surface, and shall include shields which restrict projection or light rays outward to adjacent properties and also restrict the upward projection of light rays into the night sky. All lighting shall comply with minimum standards and shall not cast more than one-half foot-candle at the property line. Certificatio from a qualified engineer shal be submitted prior to issuance of a certificate of occupancy. 2. Lexus Logo and "Kendall Toyota" signage indicated on the glass portal are not not permitted with this submittal and shall require a separate signage permit from the Village of Pinecrest. 3. Interior lighting of the glass portal has been removed by by the project manager and future lighting (exterior lighting or dimmed interior lighting) shall require review and approval by the Building and Planning Departmet) and issuance of a separate electrical permit. Date Added: 8/11/2017 Date Required: Date Satisfied: Status: Remarks: Div. 9.2 -- sign. Any display of characters, letters, logos, illustrations, or any other ornamentation designed or used as advertisement, announcement or to indicate direction. This term shall not be interpreted to include traffic control devices or warning signs. A sign that is not visible from any nearby public or private property is not a sign subject to regulation under Division 7. July 2, 2021 VIA E-MAIL & HAND DELIVERY Mr. Stephen Olmsted, AICP Planning and Zoning Director Village of Pinecrest 12645 South Dixie Highway Pinecrest, Florida 33156 RE: Request for Permit No. EL2020-0540 for the Property located at 10943 S. Dixie Highway, Pinecrest, Florida Dear Mr. Olmsted: This law firm represents Kendall Imports, LLC (d/b/a Kendall Toyota) (the “Applicant”) in connection with the property located at 10943 S. Dixie Highway (the “Property”). We are in receipt of your three comments dated January 19, 2021 in connection with Permit No. EL2020-0540. The purpose of this correspondence is to provide you with a narrative response to these comments and reiterate our request for the Village’s approval. 1. Please indicate the intensity of lighting emitted by the portal in candelas per square meter (Cd/M2) in full daylight, and between dusk and dawn. As confirmed in the attached May 18, 2021 correspondence prepared by CLI Design and ML Engineering and Inspections Services, the proposed portal has a maximum of 30 candela at the face of the portal and 1 candela within 20’ of the portal, with no light leakage at or over the property line. See Exhibit A. Notwithstanding the foregoing, the Applicant is proposing illumination of the entrance portal — not an illuminated sign or the illumination of outdoor recreational facilities. Even so, the Applicant’s proposal complies with illumination standards applicable to other design features as set out in Code Divisions 7.14 and 5.25. 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 www.brzoninglaw.com 305.377.6227 office 305.377.6222 fax mtapanes@brzoninglaw.com Exhibit C Mr. Stephen Olmsted, AICP Village of Pinecrest Page 2 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com 2. Please add a dimmer switch and switch details and specifications to the proposed lighting circuit to allow consistency with the architectural design standards of the Village’s Land Development Regulations and Pinecrest Parkway (US1) Corridor Plan. The Toyota entrance portal is a proprietary design. A dimmer switch is neither available or possible. We kindly ask for clarity and specificity of the pertinent architectural design standards of the Village’s Land Development Regulations and Pinecrest Parkway (US1) Corridor Plan. Without criteria to satisfy, we respectfully request that this matter be escalated to the Village Manager and/or Village Council for further review. 3. Per Development Order 2017-0718-3, the proposed lighting plan, when revised, will be submitted to the Administrative Official (Village Manager) for review. Attached, please find the proposed lighting plan for submittal to the Village Manger for review. See Exhibit B. The Applicant respectfully requests approval of the permit to allow the proposed illuminated entrance portal. There is no apparent Code provision that specifically regulates illumination of interior lighting. The Applicant is proposing illumination of the entrance portal— not an illuminated sign or the illumination of outdoor recreational facilities. Even so, the Applicant’s proposal complies with illumination standards applicable to other design features as set out in Code Divisions 7.14 and 5.25. Division 7.14 of the Code regulates the illuminated signs. While the entrance portal is not an illuminated sign, the existing Toyota sign will be illuminated by interior lighting. Division 7.14 expressly provides that the signs may be illuminated by interior lighting. The entrance portal does not provide any “indirect lighting from any external source”, all lighting is interior to the portal. No indirect lighting from any external source will shine directly on adjacent property, signage, motorist or pedestrians, or illuminate an area greater than the area occupied by the permitted signage. Division 5.25 of the Code regulates outdoor recreational area lighting. It provides that lighting shall be designed so that any overspill of lighting onto adjoining properties or street rights-of-way shall not exceed 0.5 foot candle vertically or horizontally and shall not cause any reflected illumination onto the adjacent properties, structures, or rights-of-way. As evidence by Mr. Stephen Olmsted, AICP Village of Pinecrest Page 3 Bercow Radell Fernandez Larkin & Tapanes | 305.377.6227 direct | 305.377.6222 fax | mtapanes@brzoninglaw.com the accompanying photometric plan, the Applicant’s proposed illuminated interior lighting does not overspill at more than 0.5 foot candle vertically or horizontally onto adjoining properties or street rights-of-way and does not cause any reflected illumination onto adjacent properties, structures, or rights-of-way in compliance with Division 5.25 of the Code. Based on the forgoing, we respectfully request your expeditious review and approval of this permit application. Should you have any questions, comments, or require additional information, please do not hesitate to phone me at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues CC: Chris Roberts Orlando Sharpe Cecilia Torres-Toledo 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 1/6 Portfolio will add two Battery Electric Vehicles (BEVs) and a plug-in hybrid (PHEV) Internal research shows BEV and PHEV models have similar environmental benefits Latest Environmental Action Plan pursues targets in support of Toyota Environmental Challenge 2050 ENVIRONMENTAL Toyota to Debut Three New Electrified Vehicles for U.S. Market February 10, 2021 Exhibit D 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 2/6 PLANO, Texas (February 10, 2021) – Toyota Motor North America (TMNA) announced plans to debut in the U.S. market this year, three new electrified models – two BEVs and a PHEV. “We continue to be leaders in electrification that began with our pioneering introduction of the Prius nearly 25 years ago,” said Bob Carter, TMNA executive vice president of sales. “Toyota’s new electrified product offerings will give customers multiple choices of powertrain that best suits their needs.” The new electrified models further expand Toyota’s U.S. leadership in alternative powertrain vehicles. Toyota has over 40% share of the total alternative fuel vehicle market, which includes a 75% share of the fuel cell market and a 64% share of hybrids and plug-ins. By 2025, Toyota’s goal is to have 40% of new vehicle sales be electrified models, and by 2030 expects that to increase to nearly 70%. Globally, Toyota hybrid vehicles sold have avoided an estimated 139 million tons of greenhouse gas (GHG) into the atmosphere. In the U.S., we have avoided approximately 38 million tons of GHG. This achievement is the result of Toyota’s long-standing commitment to the environment and creating a net positive impact on the planet and society. Between now and 2025, Toyota and Lexus models, globally, will have an electrified option. Toyota is also developing a dedicated BEV platform, e-TNGA, that offers flexibility for all drive configurations. These initiatives are further steps toward achieving the Toyota Environmental Challenge 2050, introduced in 2015, the most demanding and most inspiring environmental commitments Toyota has ever made. “We believe the fastest way to lower greenhouse gases in the transportation sector is to offer drivers lower carbon choices that meet their needs,” said Gill Pratt, chief scientist of Toyota Motor Corporation and CEO of Toyota Research Institute. “At every price point and with multiple powertrains, we can put more people in cleaner automobiles across North America to have the greatest near-term impact on total carbon emissions.” Toyota shared highlights of new internal research evaluating the environmental impact and cost of ownership between a PHEV and a BEV. For this research, Toyota created a tool that shows the trade-off between GHG Emissions and Total Cost of Ownership. The source code for this tool is publicly available at carghg.org for others to experiment with the various input parameters and see the movement of BEVs and PHEVs on the GHG and cost plot. The research found: 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 3/6 GHG of a currently available BEV model and PHEV model are roughly the same in on- road performance when factoring in pollutants created by electricity production for the average U.S. energy grid used to charge batteries. Manufacturing is a component of GHG emissions. Using the “Greenhouse gases, Regulated Emissions, and Energy use in Technologies” (GREET) model, researchers found that the production of a PHEV emits less GHG since it uses a smaller, lighter weight battery. The PHEV is much less expensive to buy and own, compared to the BEV. Without any incentives, the five-year Total Cost of Ownership (TCO) of a long-range BEV is significantly higher than the PHEV. If you include incentives available this year (2020), the TCO of a long-range BEV is much higher. The key point is that a BEV and PHEV can provide similar environmental benefits. Each has a unique profile and can be an optimal solution in different circumstances. By having a diversified product portfolio with multiple forms of vehicle electrification, Toyota can let consumers choose the model that best suits their usage needs and cost profile while maximizing the total contribution to GHG reduction. Toyota’s progress on Challenge 2050 in North America is measured across four key areas – reducing carbon emissions, conserving water, fostering a sustainable supply chain including waste reduction, and protecting biodiversity. Sustainability planning, strategies and actions are driven by an annual North American Environmental Action Plan, with a five-year roadmap modeled to achieve targets in Challenge 2050 and also the United Nations Sustainable Development Goals (SDGs).  Toyota is currently targeting: Reduction in CO2 from the company’s operations, products and vehicle lifecycle – including logistics, suppliers and dealers Reduction in overall water use per unit of vehicle production by 3% from a 2020 baseline Reduction of procurement of plastic packaging materials by 25% from a 2018 baseline Development of third party validated onsite habitat management policy by 2021 and begin implementation in 2022. 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 4/6 As proof of its commitment, Toyota recently agreed to purchase power from a future Clearway Energy Group wind farm to reduce its overall carbon footprint from electricity used from the power grid. Toyota also provided an annual update toward having a net positive environmental impact in the 2020 North American Environmental Report. About Toyota Toyota (NYSE:TM) has been a part of the cultural fabric in the U.S. for more than 60 years, and is committed to advancing sustainable, next-generation mobility through our Toyota and Lexus brands, plus our nearly 1,500 dealerships.  Toyota has created a tremendous value chain and directly employs more than 36,000 in the U.S. The company has contributed world-class design, engineering, and assembly of more than 30 million cars and trucks at our 9 manufacturing plants, 10 including our joint venture in Alabama that begins production in 2021. To help inspire the next generation for a career in STEM-based fields, including mobility, Toyota launched its virtual education hub at www.TourToyota.com with an immersive experience and chance to visit many of our U.S. manufacturing facilities. The hub also includes a series of free STEM-based lessons and curriculum through Toyota USA Foundation partners, virtual field trips and more. For more information about Toyota, visit www.toyotanewsroom.com. MEDIA CONTACTS Tania Saldana 469-292-2418 tania.saldana@toyota.com RELATED STORIES 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 5/6 PRODUCT Happier Trails: 2021 Toyota 4Runner Adds New Trail Special Edition November 30, 2020 MANUFACTURING 10 Million Never Looked So Good! July 21, 2021 9/7/2021 Toyota to Debut Three New Electrified Vehicles for U.S. Market - Toyota USA Newsroom https://pressroom.toyota.com/toyota-to-debut-three-new-electrified-vehicles-for-u-s-market/ 6/6 CORPORATE Toyota’s Exclusive Independent Insurance Agency Spreads Its Wings April 30, 2021 CLI DESIGN – ML ENGINEERING AND INSPECTIONS May 18,2021 KENDALL TOYOTA 10943 S Dixie Hwy, Pinecrest, FL 33156 To Whom It May Concern: Our team at CLI Design as well as the engineering team at ML Engineering and inspections services, LLC. Have confirmed that the Portal Light at the Kendall Toyota does not exceed 9.62 FC (which if converted into candela would be 100 candela) The only way to measure the light output from a light source or light fixture is by using foot candle readings based on the lumen output of the light source. That foot candle reading is then converted back into candela(s) in order to show the candela totals. The Kendall Toyota property’s portal has a max of 2.9 Fc at the face of the portal and a min of 0.1 within 20’ of the portal and 0 FC at the property line. This would mean when converted to Candela, the portal has a max of 30 candela at the face of the portal and 1 candela within 20’ of the portal, with no light leakage at or over the property line. Per our light studies and our site review, this light portal falls within and is under the city requested requirements of the max candela ratio. The drawings and studies have been formally stamped by our engineering firm. SINCERELY, FARREN HALCOVICH + MAURICE LORD Exhibit E *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.1 *0.1 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 *0.2 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*3.2 *3.8 *3.4 *4.1 *4.6 *4.9 *5.0 *4.4 *4.8 *3.9 *5.0 *5.7 *6.1 *6.1 *5.8 *5.0 *4.1 *3.2 *2.5 *2.2 *4.5 *1.7 *3.5 *4.7 *4.9 *3.7 *0.4 *0.3 *0.7 *1.5 *4.5 *7.7 *7.4 *3.3 *1.4 *1.3 *1.3 *1.3 *1.4 *5.2 *8.5 *6.2 *1.6 *2.0 *2.7 *4.2 *6.0 *7.2 *7.6 *7.6 *7.2 *0.8 *0.6 *0.6 *0.6 *0.6 *0.7 *0.9 *9.3 *9.6 *9.6 *9.3 *8.0 *3.5 *1.5 SEAL ISSUE DATE REVISION DATE DRAWING TITLE SHEET NUMBER WA PROJECT NO.: 21523.00 NO. 11/12/2020 WOLFBERG ALVAREZ 3225 AVIATION AVE., SUITE 400 MIAMI, FLORIDA 33133 V 305.666.5474 F 305.666.4994 WOLFBERGALVAREZ.COM AA 002416 EB 002354 KENDALL TOYOTA and LEXUS OF KENDALL MIAMI, FL 33156 10943 S DIXIE HWY PORTAL O V I D I O R O D R I G U E Z STATE OF P R O F E S S I O N A L E N G I N E E R L I C E N S E No.55995 F L O R I D A EXHIBIT F KENDALL *4.3 *4.7 *5.1 *5.4 *5.7 *5.9 *6.0 *6.0 *5.9 *5.8 *5.6 *5.3 *5.0 *4.6 *4.2 *4.7 *5.2 *5.6 *6.0 *6.3 *6.5 *6.6 *6.6 *6.5 *6.4 *6.2 *5.9 *5.5 *5.0 *4.6 *5.1 *5.6 *6.1 *6.5 *6.8 *7.0 *7.1 *7.1 *7.1 *6.9 *6.6 *6.3 *5.9 *5.4 *4.9 *5.5 *6.0 *6.5 *6.9 *7.2 *7.5 *7.6 *7.6 *7.5 *7.3 *7.0 *6.7 *6.2 *5.7 *5.1 *5.8 *6.3 *6.8 *7.3 *7.6 *7.8 *7.9 *7.9 *7.8 *7.6 *7.3 *6.9 *6.4 *5.9 *5.3 *6.0 *6.6 *7.2 *7.5 *7.9 *8.1 *8.2 *8.2 *8.0 *7.8 *7.6 *7.0 *6.6 *6.0 *5.4 *6.2 *6.8 *7.3 *7.7 *8.0 *8.2 *8.3 *8.3 *8.1 *7.9 *7.5 *7.1 *6.6 *6.0 *5.4 *6.3 *6.9 *7.4 *7.8 *8.1 *8.3 *8.3 *8.3 *8.1 *7.8 *7.4 *7.0 *6.5 *5.9 *5.3 *6.4 *7.0 *7.5 *7.9 *8.1 *8.3 *8.3 *8.2 *8.0 *7.7 *7.3 *6.8 *6.3 *5.8 *5.2 *6.4 *7.0 *7.5 *7.9 *8.1 *8.2 *8.2 *8.0 *7.8 *7.5 *7.1 *6.6 *6.1 *5.6 *5.0 *6.4 *7.0 *7.5 *7.8 *8.0 *8.1 *8.0 *7.8 *7.6 *7.2 *6.8 *6.3 *5.8 *5.3 *4.8 *6.4 *7.0 *7.4 *7.7 *7.8 *7.9 *7.8 *7.6 *7.3 *6.9 *6.5 *6.0 *5.5 *5.0 *4.5 *6.4 *6.9 *7.3 *7.6 *7.8 *7.8 *7.6 *7.4 *7.0 *6.7 *6.2 *5.7 *5.3 *4.8 *4.3 *6.3 *6.8 *7.2 *7.5 *7.6 *7.6 *7.4 *7.2 *6.8 *6.4 *5.9 *5.5 *5.0 *4.5 *4.1 *6.2 *6.7 *7.1 *7.4 *7.5 *7.4 *7.2 *7.0 *6.6 *6.2 *5.7 *5.3 *4.8 *4.4 *3.9 *6.1 *6.6 *7.0 *7.3 *7.3 *7.3 *7.1 *6.8 *6.4 *6.0 *5.6 *5.1 *4.6 *4.2 *3.8 *6.0 *6.5 *6.9 *7.1 *7.2 *7.1 *6.9 *6.6 *6.3 *5.8 *5.4 *5.0 *4.5 *4.1 *3.7 *5.9 *6.4 *6.7 *7.0 *7.0 *7.0 *6.8 *6.5 *6.1 *5.7 *5.3 *4.9 *4.4 *4.0 *3.6 *5.8 *6.2 *6.6 *6.8 *6.9 *6.8 *6.7 *6.4 *6.1 *5.7 *5.2 *4.8 *4.4 *4.0 *3.6 *5.6 *6.1 *6.4 *6.6 *6.7 *6.7 *6.5 *6.3 *6.0 *5.6 *5.2 *4.8 *4.4 *3.9 *3.5 *5.4 *5.9 *6.2 *6.4 *6.5 *6.5 *6.4 *6.2 *5.9 *5.5 *5.2 *4.7 *4.3 *3.9 *3.5 *5.2 *5.6 *6.0 *6.2 *6.3 *6.3 *6.2 *6.0 *5.8 *5.4 *5.1 *4.7 *4.3 *3.9 *3.5 *4.9 *5.3 *5.7 *5.9 *6.0 *6.1 *6.0 *5.8 *5.6 *5.3 *5.0 *4.6 *4.2 *3.8 *3.4 *4.6 *5.0 *5.3 *5.5 *5.7 *5.7 *5.7 *5.5 *5.3 *5.1 *4.8 *4.4 *4.2 *3.7 *3.3 *4.2 *4.6 *4.9 *5.1 *5.3 *5.3 *5.3 *5.2 *5.0 *4.8 *4.5 *4.2 *3.9 *3.5 *3.2 *3.8 *4.2 *4.5 *4.7 *4.8 *4.9 *4.9 *4.8 *4.7 *4.5 *4.2 *4.0 *3.7 *3.3 *3.0 SEAL ISSUE DATE REVISION DATE DRAWING TITLE SHEET NUMBER WA PROJECT NO.: 21523.00 NO. 11/12/2020 WOLFBERG ALVAREZ 3225 AVIATION AVE., SUITE 400 MIAMI, FLORIDA 33133 V 305.666.5474 F 305.666.4994 WOLFBERGALVAREZ.COM AA 002416 EB 002354 KENDALL TOYOTA and LEXUS OF KENDALL MIAMI, FL 33156 10943 S DIXIE HWY PORTAL O V I D I O R O D R I G U E Z STATE OF P R O F E S S I O N A L E N G I N E E R L I C E N S E No.55995 F L O R I D A