Agenda 09/24/2013 Item #17An
9/24/2013 17.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation
to consider a Resolution determining that a car rental use is a comparable and
complimentary use within the Germain Toyota PLJD as authorized in Section LA.2 of
Exhibit A of Ordinance 08-60. The subject property is located on the west side of Tamiami
Trail North and south of Wiggins Pass Road in Section 16, Township 48 South, Range 25
East, Collier County, Florida. [Petition ZLTR- PL201300011171
OBJECTIVE: To have the Board of Zoning Appeals (BZA) determine that Passenger Car
Rental is a comparable and compatible use in the Commercial District of the Germain Toyota
Commercial Planned Unit Development (CPUD). Section 1.A.2, Permitted Uses, of the CPUD
states that "any other principal use which is comparable or complimentary in nature with the
foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA)
by the process outlined in the Land Development Code (LDC)" is a permitted use.
CONSIDERATIONS: The Germain Toyota CPUD permits Motor Vehicle Dealers (new and
used) as the only Principal Use within the Commercial District.
n A Passenger Car Rental facility has been proposed as a use within the Germain Toyota CPUD.
A Passenger Car Rental facility would operate inside a building and would store inventory
outside, very similar to the permitted use of Motor Vehicle Dealer.
A staff analysis was performed by Ray Bellows, Zoning Manager, who subsequently wrote a
Zoning Verification Letter which concluded that, in staffs opinion, the proposed use is
comparable and complimentary to the permitted use.
FISCAL IMPACT: The proposed land use for Passenger Car Rental by and of itself will have
no fiscal impact on Collier County. There is also no guarantee that a Passenger Car Rental
facility will be established in the Germain Toyota CPUD. In addition, if the use is approved, it
will be located in an existing approved development; therefore, the existing land will not result in
major impact to Collier County public facilities.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact
associated with this determination.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and
requires an affirmative vote of four for Board approval. -HFAC
RECOMMENDATION: That the BZA adopt the attached Resolution approving the use of
Passenger Car Rental in the Germain Toyota CPUD and authorize the Chairwoman to sign the
Resolution.
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9/24/2013 17.A.
PREPARED BY: Fred Reischl, AICP, Senior Planner; Planning & Zoning Department n
Attachments: 1) Zoning Verification Letter application and response
2) Owner Authorization
3) Ordinance 08 -60; Germain Toyota CPLJD
4) Resolution
5) Legal ad
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
9/24/2013 17.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to consider a Resolution determining that a car rental use is a comparable
and complimentary use within the Germain Toyota PUD as authorized in Section 1.A.2 of Exhibit
A of Ordinance 08 -60. The subject property is located on the west side of Tamiami Trail North
and south of Wiggins Pass Road in Section 16, Township 48 South, Range 25 East, Collier
County, Florida. [Petition ZLTR- PL20130001117]
Meeting Date: 9/24/2013
Prepared By
Name: ReischlFred
Title: Sr. Planner, Land Development Services
8/15/2013 11:16:02 AM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 8/27/2013 5:31:59 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 8/29/2013 3:53:15 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 8/30/2013 8:16:29 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 8/30/2013 2:42:55 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
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Date: 9/11/2013 8:38:45 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 9/13/2013 4:50:45 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/16/2013 9:35:08 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/16/2013 10:59:12 AM
Name: OchsLeo
Title: County Manager
Date: 9/17/2013 2:46:03 PM
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9/24/2013 17.A.
;;.t2
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NQy 2008
ORDINANCE NO. 08 -60
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004 -41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
PLANNED UNIT DEVELOPMENT (PUD) ZONING
DISTRICT TO A COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) ZONING DISTRICT FOR A
PROJECT TO BE KNOWN AS THE GERMAIN
TOYOTA CPUD, CONSISTING OF A 13 +/- ACRE
PARCEL LOCATED ON THE WEST SIDE OF
TAMIAMI TRAIL NORTH (US 41), SOUTH OF
WIGGINS PASS ROAD (CR 888), IN SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 90 -50, THE FORMER
GERMAIN AUTOMOTIVE FACILITY PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
9/24/2013 17.A.
WHEREAS, on June 6, 1990, the Board of County Commissioners adopted Ordinance
Number 90 -50 establishing the Germain Automotive Facility PUD; and
WHEREAS, Germain Properties of Columbus, Inc., represented by Dominick J. Amico,
Jr. P.E., of Agnoli, Barber and Brundage, Inc., petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 16,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Planned Unit
Development (PUD) Zoning District to a Commercial Planned Unit Development (CPUD)
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9/24/2013 17.A.
Zoning District for a 13 +/- acre parcel to be known as the Germain Toyota CPUD, in accordance
with Exhibits A through G attached hereto and incorporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, is /are hereby amended accordingly.
SECTION TWO:
Ordinance Number 90 -50, known as the Germain Automotive Facility PUD, adopted on
June 6, 1990, by the Board of County Commissioners is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this 14 day of 2008.
ATTEST:
DWIGIJ -1 E:,BIZOM CLERK
By.'
Att�ft tf".�. tt. Clerk
Approved as to form
and legal sufficiency:
A c Ko
eidi Ashton -Cicko
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ..�
TOM HENNING, CHAIRMAN
Exhibit A:
List of Permitted Uses
Exhibit B:
Development Standards
Exhibit C:
Master Plan
Exhibit D:
Legal Description
Exhibit E:
List of Developer Commitments
exhibit F:
Bald Eagle Management Plan
Exhibit G:
CPUD Cross Sections
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This ordinance filed with the
trra�yy of �4��,,O�ft�ic�th,��
d'cry of lw O��d
and ocknowledgem that
fi i c 'v ifi' doy
o ,
By o•�,ey c�
9/24/2013 17.A.
r` GERMAIN TOYOTA COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD)
EXHIBIT A
1. COMMERCIAL DISTRICT
PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used,
or land used, in whole or part, for other than the following:
A. Principal Uses:
1. Motor vehicle dealers (new and used); SIC Code Group 5511
2. Any other principal use which is comparable or complimentary in
nature with the foregoing list of permitted principal uses, as
determined by the Board of Zoning Appeals (BZA) by the process
outlined in the LDC.
B. Accessory Uses
Accessory uses and structures customarily associated with the
permitted principal uses and structures, including, but not limited to:
Showrooms, offices, service facilities and repair facilities.
DEVELOPMENT STANDARDS
Table I in Exhibit B sets forth the development standards for land uses
within the CPUD. Standards not specifically set forth herein shall be those
specked in the C-4 District of the LDC in effect as of the date of approval
of this Ordinance.
2. PRESERVE DISTRICT
PERMITTED USES
No building or structure or part thereof, shall be erected altered or used, or
land used in whole or in part, for other than the following, subject to the
issuance of regional, state and federal permits, when required:
A. Principal Uses:
1
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9/24/2013 17.A.
1. Conservation uses, consistent with the approved Bald Eagle 10-*N
Management Plan.
2. Any other principal use which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals (BZA) by the process outlined in the
LDC.
DEVELOPMENT STANDARDS
Development of Germain Toyota CPUD shall be in accordance with the
contents of this Ordinance and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any
development order, such as, but not limited to, final subdivision plat, final
site development plan, excavation permit, and preliminary work
authorization, to which such regulations relate. Where these regulations
fail to provide developmental standards, then the provisions of the most
similar district in the LDC shall apply.
2
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9/24/2013 17.A.
EXHIBIT B
TABLE
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
KEY:
BH = building height
NLT = not less than
SBH = sum of building heights
SPS = same as principal structure
*1 No buildings or dumpsters shall be constructed within 200 feet of
existing RMF -6 residential zoned property..
*2 Except that an 8 -foot wall shall be erected along the east side of the
preserve area as required by this CPUD from the northern property
boundary to a point 200 feet south of the existing RMF -6 zoned lot, and
except that the existing vehicular use areas may remain where currently
^ located. The remainder of the preserve area shall be curbed.
3
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PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
10,000 Sq. Ft.
N/A
MINIMUM LOT WIDTH
100 Ft.
N/A
MINIMUM YARDS (External)
From US Highway 41
75 Ft.
SPS
Side
50% of BH; NLT 15 Ft.
SPS
Rear
Abutting Residential: 200 Ft. ;
Abutting Non Residential: 50%
of BH; NLT 15 Ft.
SPS
From Conservation Area
25 Ft.
10 Ft
MIN. DISTANCE BETWEEN
STRUCTURES
50% SBH; NLT 15 Ft.
SPS
MAXIMUM HEIGHT -ZONED
50 Ft.
SPS
MAXIMUM HEIGHT - ACTUAL
60 Ft.
SPS
MINIMUM FLOOR AREA
700 Sq. Ft.
SPS
I
MAX. GROSS ENCLOSED AREA
130,000 Sq. Ft.
N/A
KEY:
BH = building height
NLT = not less than
SBH = sum of building heights
SPS = same as principal structure
*1 No buildings or dumpsters shall be constructed within 200 feet of
existing RMF -6 residential zoned property..
*2 Except that an 8 -foot wall shall be erected along the east side of the
preserve area as required by this CPUD from the northern property
boundary to a point 200 feet south of the existing RMF -6 zoned lot, and
except that the existing vehicular use areas may remain where currently
^ located. The remainder of the preserve area shall be curbed.
3
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GERMAIN TOYOTA CPUD GERMAIN PROPERTIES
OF COLUMBUS, INC. .
13315 TAMIAMI TRAIL N.
4 Packet Page -3064- CPLAN NAPLES, FL 34110 ' 1 T
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GERMAIN TOYOTA CPUD GERMAIN PROPERTIES
OF COLUMBUS, INC. .
13315 TAMIAMI TRAIL N.
4 Packet Page -3064- CPLAN NAPLES, FL 34110 ' 1 T
9124/2013 17.A.
EXHIBIT D
LAND DESCRIPTION AS FURNISHED BY CLIENT
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE RUN SOUTH 00 °36'52" EAST ALONG THE EAST LINE OF
THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 490.30
FEET; THENCE RUN SOUTH 88 °07'30" WEST, PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF
182.27 FEET TO A POINT OF THE WESTERLY RIGHT -OF -WAY LINE OF STATE
ROAD NO. 45 (TAMIAMI TRAIL) AS THE SAME IS SHOWN ON THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR
STATE ROAD NO. 45, COLLIER COUNTY, SECTION 03010 2519 SHEET 2 AND
THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE RUN SOUTH 01 000'30" EAST ALONG THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88 059930" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01 004'15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00 050'88" WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88 007'30" EAST PARALLEL WITH THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 578.33 FEET
TO THE POINT OF BEGINNING, CONTAINING 13.1 ACRES, MORE OR LESS.
AGNOLI, BARBER & BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
WAYNE D. AGNOLI, R.S.M. NO. 5335
REF. ABB FILE NO. 8834
W- 06- 00596. DE S/PN04 -0112
4
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9/24/2013 17.A.
11014111 Transportation
1. The developer shall pay its "fair share" costs of intersection improvements
including signalization and ITMS at US 41 and Wiggins Pass Road which
have been identified as not to exceed $ 50,304.09.
2. The developer shall pay its "fair share" costs of intersection improvements
including signalization and ITMS at US 41 and Old US 41 which have been
identified as not to exceed $ 141,902.60.
3. All existing interconnections on both the north and south CPUD boundaries
shall be maintained in perpetuity except as may be relocated or altered upon
approval of Transportation Staff.
4. The Wiggins Pass Road eastbound right turn lane shall be extended westerly
to the first Lexus site driveway if in the opinion of the Transportation Services
Division, the TIS supplied with the Toyota SDP shows that it is warranted by
this project or a combination of this project traffic and background traffic.
Environmental
1. No less than 1.95 acres located along the western and southern boundary of
the CPUD, as indicated on Exhibit C of the CPUD Master Plan, shall remain
in its natural state, fulfilling the minimum retained native vegetation
requirement. A cross - section of this Preserve Area is depicted on Exhibit G
attached hereto and incorporated by reference herein.
2. This CPUD shall comply with the guidelines of the US Fish and Wildlife
Service and the Florida Fish and Wildlife Conservation Commission for
impacts to protected species. A Habitat Management Plan for those species
is attached as Exhibit F entitled Bald Eagle Management Plan.
3. All lighting shall be positioned and /or shielded so that the Bald Eagle
Preserve Area and Buffer Zone is not directly illuminated.
0
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Germain, Jr. in the southeast quarter of Section 16, Township 48 South, Range
25 East in northwest Collier County. Monitoring of this eagle pair by the FWC
began in 1978 and their original nest was the first nest to be assigned an
identification code in Collier County (i.e., CO -01). Nest CO -01A was active
during the 2006 -2007 nesting season, but has since fallen from the tree.
Observations on January 29, 2008 have recently determined that the eagles are
using the original nest tree this season (i.e., CO -01). An adult eagle was
observed sitting low in the nest either incubating eggs or brooding chicks. This
nest is located approximately 573 feet offsite to the southwest. The 660 foot
protection zone extends approximately 87 feet onto the subject property. It
should also be noted that an incomplete nest was observed in last year's nest
tree (i.e., CO -01A). No eagles were observed in the vicinity of this tree during
the observation period.
BALD EAGLE PROTECTION ZONES
According to the most recent guidelines produced by the FWS (National Bald
Eagle Management Guidelines, May 2007), bald eagle nest CO -01A will have an
Existing Development radius of 100 feet. This is the distance to the closest
existing development (i.e., a paved parking lot within a car dealership). No
activities will occur within this 100 -foot protection zone during the nesting season.
The active nest tree will be protected up to 660 feet (secondary zone), with a
primary zone radius of 330 feet (see Bald Eagle Protection Measures below).
Eagle protection zones are associated with the active nest tree. If a new nest is
built in another tree and is active, the zones will apply to that tree.
Nest CO -01A may be removed from the active list and listed as °abandoned" if
eagles have not used it for five consecutive nesting seasons, or "loss of nest" if it
has fallen from the tree and not been rebuilt for three consecutive nesting
seasons. This management plan shall not apply if the nest is removed from the
active list. This management plan will apply to all active nest trees that are within
660 feet of the Germain PUD.
PROPOSED EAGLE MANAGEMENT PLAN
This proposed management plan is applicable to only the 13± acre property. it is
not binding on any other properties adjacent to the subject properties. Any
amendment to this management plan shall require review and approval by the
Environmental Advisory Council or any successor body.
Eagle nest CO -01A exists 100 feet from existing urban development. A forested
wetland mitigation preserve, recently cleared of exotic vegetation, exists to the
south and west of the nest tree. Annually, this preserve will undergo exotic
�--� vegetation maintenance activities associated with wetland mitigation. These
8
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9/24/2013 17.A.
7. Any emergency repairs within the 330 foot protection zone, including
but not limited to: repairs and installation of replacement lighting
fixtures, landscape installation or removal in designated landscape
areas, and /or parking area paving or marking are to be done in
accordance with the provisions of this Bald Eagle Management Plan..
REFERENCES
Florida Game and Fresh Water Fish Commission. 1997. Florida's endangered
species, threatened species and species of special concern. 19 pp.
United States Fish and Wildlife Service. 1987. Habitat Management
Guidelines for the Bald Eagle in the Southeast Region. U.S. Department
of the Interior. 9 pp.
United States Fish and Wildlife Service. 1999. South Florida Multi- Species
Recovery Plan.
United States Fish and Wildlife Service. 2007. Bald Eagle Monitoring Guidelines.
North Florida Field Office. 20 pp.
United States Fish and Wildlife Service. 2007. National Bald Eagle Management
Guidelines. 25 pp.
10
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9/24/2013 17.A.
Kevin L. Erwin Consulting Ecologist, Inc.
ro: Mr. Allen Webb
From: Krisioffer Bowman
Date: March 13, 2407
Re: C,ermoin Automobile Dealership Bald Eagk Nest CO-01
The Germain Automobile Dealership is located in northwest Collier County at the
intersection of U.S. 41 and Wiggins Pass RtSad. Phou have been made to expand the
vehicle storage lot to the south on a 3.61 acre piece of properly known as the Musca site.
South Florida Water Management District and U.S. Army Corps of Engineers (COE)
Environrmeatal Resource Permits have been issued for this project Bald eagle nest M
0l ,was previously located off -site and to the west of the Muses site, The Musca site fell
into the entire 1,500-foot secondary protection zone, and approximately halfofthe site
was In the 750 -foot primary protection ?one. This off site eagle nest had a Bald Eagle
Management Play (using the old protection zones), written by our firm and approved by
the COElUSFWS, associuted with it. A Collier County Enviroolnewal Impact Statement,
consisting of a Bald Ragle Management Plan, was also written for this project
Recently, while surveying the site to prepare for an Early Work Authorization, a new
eagle nest was observed in a live slash pine. This new nest is located much closer to the
subject prop" and the current existing automobile dealership (see attached map). Two
known eaglets have fledged from this nest and rue still in the territory. The nest is in an
urban envirownevt and I OO.t Fat !rout the existing paved car lot. This car dealerahfip is
very active with people, cars, loud speakers, M. yet the eagle pair chose to relocate their
nest to a tree in close proximity to the dealership. The eagles appear to have accepted
this urban environment and they have even been observed perching on the buildings at
the car lot.
Due to the location of the nearest existing den4opmentof simiiar activity (Le., parking
lot within: 100 feet of the nest tree), our curtest site plan for the Musca site may still be
considered acceptable considering the updated Bald Eagle Management Guidelines and
the Clearance To Proceed With Construction Activities Adjacent To Bald Eagle Nests
letter (June 5, 2006). A sky detention water treatment area will be located approximately
80 fort from tho new eagle nest once the project is complete.
We would greatly appreciate your review, gu;dattm and approval regarding this issue.
Plesso do not hesitate lo call should you have any questions or need additional
information.
thank you,
1*77 n.y..k fWrYwsr • F.v1 Myv..YW.d+ I11MI • )" 111 fto5
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Jon Kim
From: AMredo Begazo®fws.gov
Sent: Thursday, M=h 15, 2007 10:42 AM
To: JefrNUMW
cc: Alien_Webb (Mrwe.gov; Don*** Arnica; Kris Bowman
Subject. Re: New eagle nest al Germain perking lot project
Mr. Nunner.
According lo Iles letter and map submitted, we understand the proposed vaNcie dotage lot is further horn ttris
unidentified bald eagle nest than the axistlng paved parldrig lot The p oposetl which abrage lot is ikely to be
visible tom to bald eagle reel. Ukewlse, duo to Ma proain", the u1sfing pmod parking lot appears to be visible
from the nest. Condalent wltb Service's Bell Eagle Menegemarrt Guldskum we recommend Met work
associated with the eaperrslon of the proposed vehic -Is storage tot be conducted during the bald eaple non4mling
seaam (May td- Sept 30).
We also understand that two chicks have fledged the nest Acconfingty, the nasano season for this eagle pair has
ended and construction work towards the completion of the proposed vehicie storage lot expansion can be
inillated. If construction work Is planned to ooMtnue until the next bald aegis nesting season (October 1 •May
19», we recornntand further coordination with the Service.
Regards,
AI Bagazo
South Florida Ecological Services
Fish and WOMB SaMoo
1330 20th Stnuat
Vero Basch, Ft. 32950
Phone; 772.542 -3908 ext. 234
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Allen,
Thank you Ior taking the time today to discuss a new aegis nest nest our new parking lot project at Germain
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Page 2 or 2
70yata in COMM Caunly
We were scheduled to boon corrstruction next week when this now rreat was dlscoverod. Colter County staff is
aware odthla new neat.
As we discussed atbched is a memo regarding this current allLmllon from Kevin L. Erwin Consuf V Ecologist,
lnc, and a location of the next on the Me plant deplcitng exis8ntg and proposed development prepared W our
engineem, Agnoa Barber A Brundage, Inc,
Thank you and phase let no know M you need any additional infornWdan.
Jeff Nonner
238.591.132EtoMaaivnerrt'Gertrrin UBFWG segle tnsmo.pdr deleted by AMredo 5pazo/R4*WSjMQ
tattachment Me& Nest - 10DM radlus pdr deleted by Alfredo Begazo1R41Ft 48Wq
4!212007
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Pngc i a2
2
Jett Kim
From: Gruver, Brad jBrad.Gruver*MyFWC.cnmi
sent Friday. March 23. 2007 3:40 PM
To: Kris Bowman
Ct: inurnnwaswlla.rr.com
Subject RE: New eagh nest at Germain parking lot projacl
Kris,
I have reviewed what you submitted and oorxau with the technical assistance and recommendations provided by
the U. S. Fish and Wlidlife SerAca.
Bradley J. Gruver, Ph.D.
Spades Conservadon Planning Section
Divislon of Habitat and Species Conservation
Florida Fish and Wtldlife Conservation Commi"lon
860 - 486 -3831
From% Kris Bowman [maUt .,KBowmanCerwirorunentoom) — - - - -- --
Sent: Monday, Mardi 19, 2007 10:36 AM
Tot Gruver, Brad
CC jnunnerOSwfla.rr.corn
Subject: Foy: New an* nest at Germain parking lot project
Hello Brad,
Pursuant to our phone conversation this nrorrfing, I am sending you the Information related to the Germain Car
Dealership and bald magic nest CO-01. The USRNS's sppoval to the projed manager (Jeff Nunnery is attached
below. Also. I have altwJ*d what we 909 to the USFWS for Metr review. Please let me know b you have any
questions or need any additional information.
Thanks.
Kris Bowman
CerUfled Ecologist t
Kevin L. Erwin Consulting Ecolcoul. Inc.
236.337 -1605
From Alfredo- BegaroWws.gov [meBm:AUredo_Begazo @)fws.gav;
Sent: Thursday, March 15, 2007 942 AM
TOt Jeff Nunner
C= Allen_Web6frtws.gov; Dominick Arnica; Kris Bowman
Subject: Re: New eagle nest at Germain parking lot project
Mr. Nunner.
According to the letter and map submitted, we understand the proposed vehicle storage lot is further from It*&
unidenfhped bald eagle nest than the exlsAng paved parkino lot. The proposed vehtkae storage tot is likely to be
visible from the bald eagle nest. Ukevr,se, due to as proximity, the existing paved parking lot appears to be visible
4!2.'2007
Packet Page 3077-
Le
Page 2 of 2
horn the neat. Consistent with Service's Said Eagle Mattaipen ni Guidelines. we reeomrrm that work
associated wNh the expansion of the proposed -Ncle storage tot be conducted during the bald eagle non- nesting
season (May 16- Sept 30y
We also understand that two chicks have Bodged the nest. Acoordhtgty the nestatg season for this eagle pale has
ended and oonstuction work towards the completion of the proposed vehicle storage lot expansbrt can be
Initiated. If constn CVon work In planned 10 continue urdlt the nod bald eagle nesting season (October 1 - May
1S), we recommend further coordination with the Service,
Regards,
At So"zo
South Florkis Ecological Services
Fish and Wtldlffs Service
1339 2011% Street
Vero Bmx:ti4 FL 32860
Phone: 772562 -3809 ext. 234
alfredu_begazotlfws.gov
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Aden,
Thank you for takkrg the ilme today to dtscuss a new eagle nest Haar our new parking lot project at Cermein
Toyota in Collier County,
We were scheduled to begin construction next week when this new nest was dWoovered. Colhor County staff it
aware of this new nest.
As we discussed, attached Is a memo regarding this current situation from Kevin L. Erwin Consulting E-cologlst,
Inc, and a location of the nest on the site plan deptding exlshng and proposed development prepared by my
engineer. A lnoll Barber b Brundage, Inc.
Thank you and please let me know If you need any additional informahon.
Jeff Nunner
239. Bpi. 1326(attachment "Germain USFWS eagle memo.odP deleted by Alfredo BegamJRVFWS1D01;
(attach(11ent -Eagle Neat - 100ft radlus.pdr deleted by Alfreoo 8e9am/R4IFWSVOI)
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9/24/2013 17.A.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008 -60
Which was adopted by the Board of County Commissioners
on the 14th day of October, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of October, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board .of
County Commissioners '+'
By: Ann Jenne j o5t ,
Deputy Clerk'
Packet Page -3080-
9/24/2013 17.A.
RESOLUTION NO. 13-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA DETERMINING THAT A CAR
RENTAL USE IS A COMPARABLE AND COMPLIMENTARY USE
WITHIN THE GERMAIN TOYOTA COMMERCIAL PLANNED
UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 1.A.2 OF
ORDINANCE NUMBER 08-60. THE SUBJECT PROPERTY IS
LOCATED ON THE WEST SIDE OF TAMIAMI TRAIL NORTH AND
SOUTH OF WIGGINS PASS ROAD IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[ ZLTR -PL 20130 00 011171
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on October 14, 2008, by Ordinance No. 08 -60, the Board of County
Commissioners of Collier County approved a Commercial Planned Unit Development (CPUD) known
as the Germain Toyota CPUD for the subject property; and
WHEREAS, Section 1 of Exhibit A of the Germain Toyota CPUD provides for certain
permitted uses, including Subsection LA.2, "any other principal use which is comparable or
complimentary in nature with the foregoing list of permitted principal uses as determined by the BZA
by the process outlined in the PUD "; and
WHEREAS, the Petitioner, Germain Properties of Columbus, Inc., requested a detemlination
as to the property described in Exhibit A that a rental car use is a comparable and complimentary use to
the permitted uses of the CPUD; and
WHEREAS, the Zoning Services Section Manager opined "a rental car use is comparable to and
complimentary in nature with a motor vehicle dealer for new and used automobiles and passenger cars" in the
CPUD by Zoning Verification letter dated June 3, 201 3), attached as Exhibit B; and
WHEREAS, staff requests an affirmation of the Zoning Services Section Manager by the Board of
Zoning Appeals that a rental car use is a comparable and complimentary use within the Germain Toyota
CPUD according to Section l .A.2 of the CPUD, and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
Germain Toyota CPUD 1 of 2
8/26/13
Packet Page -3081-
9/24/2013 17.A.
the Board having considered granting the request by Germain Toyota as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit A:
The Zoning Verification letter dated June 3, 2013 is affirmed; and a rental car use is a comparable
and complimentary use of pemutted uses within the Germain Toyota CPUD according to Section 1.A.2
of the CPUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this day of
,201-31.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
LIN
GEORGIA A. HILLER, ESQ.
Chairwoman
Attachment: Exhibit A — Legal Description
Exhibit B — Zoning Verification Letter
13- CPS - 01253/6
Germain Toyota CPUD 2 of 2
8/26/13
Packet Page -3082-
9/24/2013 17.A.
Exhibit A
LAND DESCRIPTION AS FURNISHED BY CLIENT
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE RUN SOUTH 00 °36'52" EAST ALONG THE EAST LINE OF
THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 490.30
FEET; THENCE RUN SOUTH 88 °07'30" WEST, PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF
182.27 FEET TO A POINT OF THE WESTERLY RIGHT -OF -WAY LINE OF STATE
ROAD NO. 45 (TAMIAMI TRAIL) AS THE SAME IS SHOWN ON THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR
STATE ROAD NO. 45, COLLIER COUNTY, SECTION 03010 2519 SHEET 2 AND
THE POINT OF BEGINNING OF THE PARCEL HEREI ' BEING DESCRIBED;
THENCE RUN SOUTH 01 000'30" EAST ALONG THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88 °59730" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01 004'15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00 °50'88" WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88 007'30" EAST PARALLEL WITH THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 578.33 FEET
TO THE POINT OF BEGINNING, CONTAINING 13.1 ACRES, MORE OR LESS.
AGNOLI, BARBER & BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
WAYNE D. AGNOLI, R.S.M. NO. 5335
REF. ABB FILE NO. 8834
W- 06- 0059G.DES/PN04 -0112
__ Packet Page -3083-
9/24/2013 17.A.
C>ti Ter runty
Growth 1'Ifianarremient Divisior, - Planning & Reg:ilatiou_
De artrnet z o' Planning: & 7onin- - ZoningerEg ue Seca €or
June 3, 2013
Mr. David Fisher
Hertz Corporation
13500 Tamiami Trail North
Naples, FL 34110
Re: Zoning Verification Letter (ZLTR- PL201300001117) regarding property 13315
Tamiami Trail North (Folio Number: 155000007).
Dear Mr. Fisher,
In your application found sufficient on May 31, 2013, you asked for staff to confirm that a
rental car facility is a permitted use on the subject site.
From the information contained in your application, the subject site is zoned as the
Germain Toyota Planned Unit Development (PUD) as amended in Ordinance Number:
08 -60 (see attached). Because this PUD was specifically approved only as a motor
vehicle dealer (new and used -SIC #5511), the proposed rental car use (SIC #7514) is
not specifically listed as a permitted use at this location.
However, Section 1,A.2 of the PUD does permit any other principal use which is
comparable or complimentary in nature with a motor vehicle dealer as determined by the
Board of Zoning Appeals (BZA). Based upon staffs review of the Standard industrial
Classification (SIC) manual, a rental car use facility is identified as SIC number 7514
which falls under Major Group 75 - Automotive Services. This use group permits
passenger car rentals and leasing which can be an accessory use to an auto dealership.
As a result, staff is of the opinion, subject to BZA approval, that the proposed rental car
use is comparable to and complimentary in nature with a motor vehicle dealer for new
and used automobiles and passenger cars.
In accordance with Section 1.A.2 of the Germain Toyota PUD, your request will be
forwarded to the BZA for approval of Staff's opinion. You will be apprised of the hearing
date and advertising fees as soon as possible.. Please note that Staffs opinion is not
binding on the BZA.
Department of Planning & Zoning « 2800 North Horseshoe Drive . Naples, FL 34104. 238 -252 -5603
Ezbii*B
Packet Page -3084-
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Mr. Fisher
RE: ZLTR -PL- 2013000111'
Please be advised that the information presented in this verification letter is based on the
Collier County Land Development Code and /or Growth Management Plan in effect as of
this date. It is possible that subsequent amend(s) to either of these documents could
affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as,
but not limited to, concurrency related to the provision of Adequate Public Facilities,
Environmental Impact, and other requirements of the Collier County Land Development
Code or related ordinances such as the Building Code.
Should you require further information concerning this matter, please do not hesitate to
call me at (239) 252 -2484_
Sincerely,
Raymond V. Bellows, Zoning Services Section Manager
Department of Planning and Zoning
Cc: Mike Bosi, AICP, Interim Director
Fred Reischl, AICP, Senior Planner
Laurie Beard, PUD Monitoring
Exhibit B
PW �.— of
Packet Page -3085-
9/24/2013 17.A.
CoArGaunty
Address 13500 N Tamiami Trail #4
City Naples
Phone 239-513-1838
E-Mail dafisher@hertz.com
SITE INFO
State fl Zip 34110
Fax 239-514-4378
TIOW��
Address 13315 Tamiarni Trail N, Naples FL 34110
Folio Number "i
Property Owners Name Germain Toyota
Verification being requested (Please state specifically the questions you would like
answered, in the space below or on a separate attachment. The Zoning Verification Letter
will respond only to those questions):
The Hertz Corporation is interested in leasing the above property / facility. Please confirm that rental car use
is permitted at this site.
Please attach survey or any other information which may be relevant to your request
8130/20110
71
Packet Page -3086-
9/24/2013 17.A.
Cor County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION(
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
VI €, {�r
• Application Fee: $100 (payable to the Board of County Commissioners)
NOTE: Additional Fees of $100 per hour will be charged as needed upon completion
of review and research. Payment of Additional Fees will be required prior to the
release of the verification.
• Additional copy of application and all attachments
The application can be delivered or mailed to: Growth Management
Division /Planning and Regulation, Attn: Business Center, 2800 North Horseshoe
Drive, Naples, Florida 34104.
Applicant Signature �` r�� Date � 9 3
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible and accessible at the time of inspection. This report is based on the land Development Code that is in effect on the
date the report was prepared. Code regulations could be subject to change. While every attempt has been made to
ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department
disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for
the cost of correcting any unreported conditions.
8/3012010
Packet Page -3087-
9/24/2013 17.A.
eY Ci0L1Mty
Growth Management Division — Planning & Regulation
Department of Planning & Zoning - Zoning Services Section
June 3, 2013
Mr. David Fisher
Hertz Corporation
13500 Tamiami Trail North
Naples, FL 34110
Re: Zoning Verification Letter (ZLTR- PL201300001117) regarding property 13315
Tamiami Trail North (Folio Number: 155000007).
Dear Mr. Fisher,
In your application found sufficient on May 31, 2013, you asked for staff to confirm that a
rental car facility is a permitted use on the subject site.
From the information contained in your application, the subject site is zoned as the
Germain Toyota Planned Unit Development (PUD) as amended in Ordinance Number:
08 -60 (see attached). Because this PUD was specifically approved only as a motor
vehicle dealer (new and used —SIC #5511), the proposed rental car use (SIC #7514) is
not specifically listed as a permitted use at this location.
However, Section 1.A.2 of the PUD does permit any other principal use which is
comparable or complimentary in nature with a motor vehicle dealer as determined by the
Board of Zoning Appeals (BZA). Based upon staffs review of the Standard Industrial
Classification (SIC) manual, a rental car use facility is identified as SIC number 7514
which falls under Major Group 75 - Automotive Services. This use group permits
passenger car rentals and leasing which can be an accessory use to an auto dealership.
As a result, staff is of the opinion, subject to BZA approval, that the proposed rental car
use is comparable to and complimentary in nature with a motor vehicle dealer for new
and used automobiles and passenger cars.
In accordance with Section 1.A.2 of the Germain Toyota PUD, your request will be
forwarded to the BZA for approval of Staffs opinion. You will be apprised of the hearing
date and advertising fees as soon as possible. Please note that Staffs opinion is not
binding on the BZA.
Department of Planning 6 Zoning & 2800 North Horseshoe Drive . Na
pies, FL 34104 a 235- 252 -5603
Packet Page -3088-
9/24/2013 17.A.
Mr. Fisher
RE: ZLTR -PL- 20130001117
Please be advised that the information presented in this verification letter is based on the
Collier County Land Development Code and /or Growth Management Plan in effect as of
this date. It is possible that subsequent amend(s) to either of these documents could
affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as,
but not limited to, concurrency related to the provision of Adequate Public Facilities,
Environmental Impact, and other requirements of the Collier County Land Development
Code or related ordinances such as the Building Code.
Should you require further information concerning this matter, please do not hesitate to
call me at (239) 252 -2484.
Sincerely,
Raymond V. Bellows, Zoning Services Section Manager
Department of Planning and Zoning
Cc: Mike Bosi, AICP, Interim Director
Fred Reischl, AICP, Senior Planner
Laurie Beard, PUD Monitoring
Packet Page -3089-
9/24/2013 17.A.
26D a Wednesday, September 4,'2 013 s N A P L E S D A I
L NEWS
• • UN i141612M
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of
County Commissioners Meeting Room, Third Floor, Collier Government Center,
3299 Tamiami Trail East, Naples FL, the Board of Zoning Appeals (BZA) will consider
the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title
of the proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS 'OF COLLIER COUNTY,
FLORIDA, DETERMINING THAT A CAR RENTAL USE IS .A COMPARABLE AND
COMPLIMENTARY USE WITHIN THE GERMAIN TOYOTA COMMERCIAL PLANNED
UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 1.A.2 OF ORDINANCE NUMBER
08 -60. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF TAMIAMI TRAIL
NORTH AND SOUTH OF WIGGINS PASS ROAD IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (ZLTR- PL20130001117)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group -is encouraged. If
recognized by the Chairman a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public. hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before *the Board
will become a•permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
-the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL. 34112 -5356,
(239) 252 -8380, at least two days .prior to the meeting. 'Assisted listening devices
for the hearing impaired are available in the Board of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
Packet Page -3090-
=1 MOW Lod FJ 9/24/2013 17.A.
Automotive gersbip
BONITA SPRINGS • NAPLES • STATESVILLE
August 28, 2013
Board of County Commissioners
Of Collier County
Please accept this letter as authorization for you to grant a permit to a Hertz Representative to begin
construction on our building located at 13303 N. Tamiami Tr., Naples, Fl. 34110.
If you have any questions regarding this request, please don't hesitate to contact me.
Sincerely,
.,-e� �*
Robert L. Germain,
President
cc�cn ��
MI ��
13315 N. Tamiami Trail, Naples Florida 34.110 Phone: (239) 592 -5550 Fax: (239) 592.9968
w Packet Page - 3091 - t,