Ordinance 2008-60
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
COMPREHENSNE 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
TOYOT A 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 EFFECTNE DATE.
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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)
Page 1
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June 6, 1990, by the Board of County Commissioners is hereby repealed in its entirety.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 {)ctnk 2008.
ATTEST:.:,....
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DWIG~rE..gRQCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:', ""~ c. c..,
. At~ .."to ,., W Clerk
.t~'~lfi'" ,
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By:
TOM HENNING,
Approved as to form
and legal sufficiency:
J;;b ,^" A (Yo
eldl Ashton-Clcko
Assistant County Attorney
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Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Fxhibit F:
Exhibit G:
List of Permitted Uses
Development Standards
Master Plan
Legal Description
List of Developer Commitments
Bald Eagle Management Plan
CPUD Cross Sections
Page 2
GERMAIN TOYOTA COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD)
EXHIBIT A
1. COMMERCIAL DISTRICT
PERMITTED USES
No building or structure, or part thereof, shal! 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
specified 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
1. Conservation uses, consistent with the approved Bald Eagle
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
EXHIBIT B
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
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; NL T 15 Ft. SPS
Rear Abutting Residential: 200 Ft.1; SPS'1
Abutting Non Residential: 50%
of BH; NLT 15 Ft.
From Conservation Area 25 Ft. 10 Fe
MIN. DISTANCE BETWEEN 50% SBH; NLT 15 Ft. SPS
STRUCTURES
MAXIMUM HEIGHT-ZONED 50 Ft. SPS
MAXIMUM HEIGHT -ACTUAL 60 Ft. SPS
MINIMUM FLOOR AREA 700 Sq. Ft. SPS
MAX. GROSS ENCLOSED AREA 130,000 Sq. Ft. N/A
KEY:
BH = building height
NL T = 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.
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1
CPUD MASTER PLAN
EXHIBIT "C"
GERMAIN PROPERTIES
OF COLUMBUS. 1Ne.
13315 TAMIAMI TRAIL N.
NAPLES, FL 34110
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 00036'52" 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 88007'30" 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 (TAM lAM I 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 01000'30" EAST ALONG THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88059'30" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01004' IS" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00050'88" WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88007'30" 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
4
EXHIBIT E
LIST OF DEVELOPER COMMITMENTS
Planning
1. Outside storage or display of automotive parts and supplies shall not be
permitted.
2. Loudspeakers and outside public address systems shall not be permitted.
3. No person may store used oil in tanks or containers unless they are clearly
labeled with the words "used oil" and are in good condition (no severe rusting,
apparent structural defects or deterioration) with no visible oil leakage. If
tanks or containers are not double-walled they shall be stored on an oil-
impermeable surface such as sealed concrete or asphalt and must have
secondary containment which has the capacity to hold 110% of the volume of
the largest tank or container within the containment area.
4. The water management area associated with property to the north (Germain
Lexus) of this CPUD Zoning District shall be fenced and landscaped as
depicted on the cross-section attached hereto and incorporated by reference
herein as Exhibit G.
5. There shall be an architectural concrete or masonry wall a feet in height
erected on the eastern edge of the preserve area from the northern property
line and connecting with the wall on the adjacent property to the north to a
point 200 feet south of the RMF-6 zoned lot.
6. All vehicle loading and offloading activities shall take place on-site.
7. Sidewalks (or payment in lieu of) shall be required along U.S. 41 frontage and
be shown on the site development plan for the project.
Landscaping
1. A Type "0" Buffer, 25 feet in width, as depicted on the CPUD Master Plan,
shall be required along the eastern property line. This buffer shall not include
water management or vehicle display areas.
2. A Type "B" Buffer, 25 feet in width, shall be required along the western
property line. This buffer may include water management areas and shall
include an architectural concrete or masonry wall, a minimum of a feet in
height. A fence shall not be required within the Preserve Area.
5
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 SOP 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.
6
EXHIBIT F
BALD EAGLE MANAGEMENT PLAN
Eagle Nest CQ-01A
Germain Automobile Dealership
February 2008
INTRODUCTION
This bald eagle (Haliaeetus leucocephalus) management plan is proposed in
conjunction with the proposed Germain Toyota CPUD Rezone. The Germain
Motor Company currently has plans to update the existing facilities of its Toyota
automobile dealership located at the intersection of U.S. 41 and Wiggins Pass
Road in Naples. The site is located within a portion of Section 16, Township 48
South, Range 25 East, Collier County, Florida.
Bald eagle nest CO-01A (an unofficial designation) is a new alternate nest built in
2006 by the resident eagle pair. Existing development (i.e., paved parking lot) is
located within 100:t feet from nest CO-01A. Correspondence regarding the U.S.
Fish and Wildlife Service's (FWS) and the Florida Fish and Wildlife Conservation
Commission's (FWC) review and approval of this project is attached to this
document. This proposed management plan is applicable to only the 13:t acre
Germain PUD. It is not binding on any other properties adjacent to the subject
property. [It should be noted that nest CQ-01A fell from the nest tree shortly after
the eaglets fledged in the spring of 2007 and had not been rebuilt as of
November 7,2007.]
The FWS no longer lists the bald eagle as a threatened or endangered species.
The FWC currently lists the bald eagle as threatened (FGFWFC 1997). The
bald eagle is still protected by the Migratory Bird Treaty Act and the Bald and
Golden Eagle Protection Act. Habitat loss and other natural and anthropogenic
factors are the primary reasons for the listing. In Florida, the bald eagle nesting
season is usually from October 1st to May 15th (USFWS 1987). Preferred nest
sites tend to occur in the crown of tall pine or cypress trees, which exceed 50 feet
in height. Typical clutch size is two eggs, but can vary between one and three
eggs. The duration of egg incubation is approximately 32 to 35 days. Bald eagle
nestlings fledge at approximately 10 to 12 weeks after hatching. Eagles are most
susceptible to disturbance during the early portion of the nesting period (roughly
the first 12 weeks of the nesting cycle).
Bald eagle nest CO-01A is an alternate nest associated with eagle territory CQ-
01. Portions of this territory are located on property belonging to Mr. Robert L.
7
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 (Le., 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 (Le., 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 (Le., 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 (Le., 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:t 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 Councilor 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
activities are scheduled to occur outside of the bald eagle nesting season. The
preserve has been placed under a Conservation Easement and no development
is allowed within the preserve.
Bald Eagle Protection Measures
Details of the eagle management plan, prepared to provide reasonable
assurance that impacts to the eagle nest will be avoided while allowing the
project to move forward, are as follows:
1. All construction and exotic maintenance activities within 330 feet of the
nest will only be carried out during the non-nesting season (May 16th
through September 30th), or after nestling eagles have fledged. In the
event that the eagles have not initiated nesting activity by February 1st,
construction and maintenance activities may occur.
2. Construction and exotic maintenance activities will be allowed between
330 feet and 660 feet of the nest during the bald eagle nesting season
(October 1st through May 15th, or until the eaglets have fledged)
provided that eagle nest monitoring is conducted according to the
recent U.S. Fish and Wildlife Service Bald Eagle Monitoring Guidelines
(FWS 2007).
3. All exterior lighting shall be positioned/shielded in such a way that little
to no light illuminates the bald eagle preserve and buffer zone.
Installation of Light fixtures - According to the National Bald Eagle
Management Guidelines, if the eagles do not nest on-site by February
1 st or it is confirmed that the eagles are nesting at another location off-
site and beyond 660 feet, the installation of light fixtures can be done
at any time.
4. Typical day-to-day commercial operations shall be allowed throughout
the year beyond 100 feet of the nest on the subject property.
5. No native tree cutting (other than as may be allowed by the state and
federal wetland permits, with County approval, and associated with the
approved mitigation plan), logging, mining, or use of chemicals toxic to
wildlife shall be permitted within the subject property.
6. In the event that bald eagle nest CO-01A has been lost for three
consecutive nesting seasons or abandoned for five consecutive
nesting seasons, this nest shall be de-listed (loss of nest or abandoned
nest, respectively) and the requirements of this management plan shall
be terminated.
9
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
"as.: I of I
Jen Kim
Frown Jeff NUMef (jnunner@swt1a.rt.comJ
Sent: TUeSday. Marcil 13. 2007 5:28 PM
To: AJlen_Webbrmrws.gov
Co: aIIredoj>sgazo@fws.gov: DcxnInlCk Alnico: ~rill Bowman
Subject: New eagle nest at GermaIn partr.lng lot project
Altachmtlflta: Germain USFWS eagle memo.pdt: Eagle Nell - 100ft radius,pdf
Allen,
Thank yOU for laking tile dme today to dlscuA II new eagle nest near 0'" new parking lot proJect al Germain
Toyola In Collier County.
We we.. leheduled to begin conslrucllon next week whlllllhls new Relit wal discovered. CQIller County slaff II
ewarB oIlhls new neat.
Aa we dllICIJ$Sed, attached Is lJ mel1\O regardln" this ClJl'renl situation kom KBYln L. ElWIn Consulting Ecologlsl.
Inc. and a location of the nest on the site plan deplctlr\g elllsllng end proposed development preperlld bV otlr
engineer.. AgnoII Barber & Brundage, Inc.
Thank you and please 1$1 m. know If you need iJIlY addltlonallnformallon,
Jeff Nunner
239.591.1328
4t2i2lJ1I7
, l
Kevin L. Erwln Consuttinl Ecologist. Inc:.
fo: Mr. Allen Webb
From: KrislOlfcr Bowman
Date: MlIrch 13,2007
Re: Gennain Automobile Delllc:nhip Bald El\gIe Nest (;0.01
The Germain Automobile Dealership ill located in northwest Colliar County allhel
intcrse<:tioa of u.s. 41 and Wiggin. Pas. Road. rlan. hllve been made to eXpllnd the
vehicle stonlge lot to the south on a 3.6:f: acre piece ofpropcrty known lIS the Musca sitc.
South Florida Water Management District and U.S. Army Corps of Enginecrs (COE)
Environl'lteJltaJ Resource Pcrmlls have been Issued (or thi. project. Bald eagto ncst CO-
()I.WR1I previously located of(..she a'" to tho WClt of tho Musca .ite. Tho MIISCR sile fell
into the entin: 1,500.foot secondary protection wne, and approximately huffofthe sitll
was In the 7S()~foot primary protcction 7.one. Thl. off-sile eugJo nest had II. Bald EIl.&lc
Mllnagement PlllD (using the old protection 7oOnes), written by our f1rm and approved by
tho COElUSFWS, assocluted with it. A CoUier Counl}' Environmenlllllmpllct Stllrernent,
consisting of l\ Raid Rugle MUlllIgement Man, was lllRO written for this project.
Recently, whilo surveying the site to prepare for atl Eurly Work Authom:lltion, a noW
eagle nest was obKrved In a live sla.,h pine. This ncw ncst is located much closer to thc
~ubject property and the curcentc:xistin, automobile t1C11I~ship (ace attached map). Two
known eaglelll have fledged from this nest 8D~ are stillln the tenitol)'. The nest is in an
urban environmcot and IO(},k feet lronl the existing paved ear lot. Thi, car dealCl'llhip la
'Very Betlvo with people, cars, loud gpeaJcers. etc., yet the eagle pair chose to relocate their
nest 10 a tree in close proximity to the dClllershlp. The ea&Je.~ appeRr to have Ilcccpted
thia urban envil"Omnent and they have tlven been ubserved perching on the buildings at
I he I.lar lot.
Duc to the locatioo oithe nelUUl exillina dcvclopmll.Dtofsimilar activity (I.e., parking
lot within 100 feet ofthc neat tree), OIlrcurrent site plan for the Musca sito may stlll be
considcn:d Bcceplable considering the updated Bald EagJe ManaBement Ouidelines ilnd
rho <:'1earlUK1G To Proceed With Construction Activities AdjaCCllt To aald Hagle NeslS
letter (June 5, 20(6). A drl' dclaJtlon waLur treabmlht lIrea will be locuted approximately
ItO foct rrom tho new caglo nest once the project is completc.
We would greatly appreciate your review, guidance, and ilpproval rcganJillg Ihis issue.
Plcl&O do not hesitate to call should you have W1y questions or need additional
information.
Thank fOIl.
_ 1.017 "'_1I11H'" fl'>>,.,*,,,~ . ".'fi Mrcn. 'Wid.. 1 h"'r .. Il'" Il' '\0" _
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Page I of2
Jen Kim
From: Alfredo_B'(JaZDOfws.goY
Sent: Thursday, Mlmh 1S, 2007 10:42 AM
To: JaR Nunner
Cc:: Allen_WebbOl\vs.gov; DomInlckAIriCCl; KrIa Bowman
Subj.ct: Rll: New e. nest at Germafn pqIrtdng lot project
Mr. Nllnn."
According 10 lhll lelIer III1d !nIP eubmllted. w. understand III. PflIposed .,.hleJe stQragelat i.further ~m 11I18
unldenOlled bald eegIe nest ttlen lIle .1I.UnO paved perfdl1lllot. The proposed vehldlt .rag. lot IIlikett to be
vtslble tom lhe bald hOle npL Ubwl.., due III .. prOJdmlty, the existing Pftlld partdng lot 8ppeelS to be ,,"hie
from lhe nelt. Consilient willi Serllc:e" I!II11d EegIe Man.gament Guideline-. W* recornrnenct thlIt wolte.
alllRld.led willi the ..peMlon of the proposld vehicle IItllntg. tot be conducted during the b.8k1 ""Ie non-nesllng
se.son (May 1 e. Sept 30).
We also undentand thai two ctIItb hall' nedged 1t1. nllSl Accotdlnlilly, the nllSlng SUlon for IIlls eagle pIIlr hilS
ended and c0h8l1'ttcllon wade towruda Ihe completion or !he pmpoaed \/ehicla atorag. lot .xpanslon can b.
lnlllated. If construction WOt1c Is plennlld to conllnue unll! 1J1. 11.1It b.81d allgle ne,1Ioo Mason (Odober 1 . May
18). _ recommend furtl1er coord/nldlon wlUt lJ1e SeNlce.
Regards.
AI Segazo
South Flor1cle !ea1oglc81 SeNIce,
FIsh and IMldIfI 8lNYice
1339 201tt street
VeFO Seach. FL 32980
F'hone: 772-582-3908 nl 234
lIlfIedo_begazo@hVe.goY
. J.",.......,.. 4jnun......wtIa.n....-
T. .'.u.....WolIba,.... O"'~
... ..__.........,....._. -o-InIe1r .........' c._.,,__. "KIla
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lDM_0527 Pal
Allen,
Thank you lor Ialdng the 1I~ lodllY to discuss. new IIl1gle nest ne.r our n_ paltilllJ 101 project at Germaln
4f2/2007
I~
Page 2 of2
Toyota In CollIef Countv.
VI/fJ _. sctteduled to begin c:onstlUdIoll naxt week when ltIle n_ MIlt wal dISCovered. Coller Colillty sta".
_are of 11I11 new nest.
As we dlsculHd, attached Is a memo regarding Ih. ctlrTIIllt altuallon from Kevin L. ErwIn Consulllng Ecologist,
Inc. and a Iocadon of Ihlt nest on the slle plll\ depldina llXlslIl'lg and proposed developmenl prepared by our
eng.nea.... Agl\oll Barber'" Brundllge. Inc.
Thank )'011 and plea.. lei me know if you need any addlUonalln'onnallon.
Jeff Nunner
239,591.1321l.....chment "Getmllln USFWS !tllGte rremo.pdt'delated by Alfredo BegazolR4JF'lNSICOq
(attachment "Eagle Nest -1001 radlUI.pdt'" deleled by Alfredo BegazoJR.4lFWSIDOIJ
41212007
1<)
Pngc .or2
Jen KIm
From: Gruver. Brad (8rad.Grw8rGMyFWC,com)
SDnt: Friday. March 23. 2007 3:40 PM
To: Kris Bowman
Cc: JounnBf'@swtla.rr,com
SubJect: RE: N_ eagle 11811 al Germain parfllng 101 peolecl
Krill.
I have reIIl_d what you lubmllted and concur wiltIlhe lec:hnlcal assistance and recommendations proylded by
lhe U. S. Fllh and WiIdUfe Service.
Brlld'ley J, GruVlII'. Ph.D.
SpllCl.. Conservallon Planning Secllon ,
DIvision of Habilel and Specie. Cons...,.Uon
Florida fish and Wildlife eonsel'\lalSon Commia&lon
860-488.3831
frvmz Krls Bowman [mallto:l<Bowman@lenvlronml!nt.com)
sent: Monday, March 19, 2007 10:36 AM
TOI GrlJ\/l!f, Brad
Cd jnl.lnner@swfla.rr.com
SUbJect: FW: New eegle nest lit Ge.-maln parfllng lot project
Hello Brad.
PlJfll.lant to our phone con\llll1laHon Ihi. ITIOtnlng, I am sanding you the Informallon relaled to the Germain Car
Dealership and bald eagle nest C0-01. The USFWS'. spprDlllll to the project mlll1agef' (Jeff Numer) Is allached
below. Allo. I have altac:hed wh. _ sent 10 the USFWS ror !heir review. Plell$ll'et me know if you MY. any
queatlons or need ar\lf addl"onallnformallor1.
Thanks.
Km Bowman
Cer1lfted Ecologl8t
Kevin t. Erwin ConIUlIIng Ec:oIogllIl. lno.
239-337-1505
from: Alfredo_Begilfo@fws.gov flTlllllto:Alfredo_Begalo@lfws,gov)
Sent; Thursday, Marth 15, 2007 9:12 AM
To,'Jeff Nu~ner
Cc: Allen_Web~S.gov; Oomlnldl AmiCO; Krls Bowman
SubJed: Re: New eagle nest at Germain parking 10f project
Mr. Nunner.
ACCOrding to the lett8r and map submitted, we \JIIdersland the proposed vehtcle slorage lot hi fw1her from Ihl&
unldenlffled bald eagle ne<han IhII 8xlsllog paved parking 101. The proposed vehlde stOl'age 10118 hkety 10 be
visible From the bald eagle nest. Ukewllle, due 10 I. proximity. the 8x,sllng paved par1<lng 101 appearl to be VIsible
4/2/2()()7
ILt
Page 1 on
IrOM lhe nMt. Consistent with SelVa's aald Eagle Managemenl Gulde/lnlJ'll. we recommend l/'lal work
associated wlIlt the eltPansion clIne proposed vehicle s1lll'lI9IIlol be conducted during lhe bald eagle nOll-l'I9ll1ng
season (M~ 18- Sepl 30).
We also undetBland lhallwo chicks have Oedged lhe neBI. Aaxmllngly, the n"llIIg 5ellSOO lor lhilll 8sgle pair has
ended and c:onslrudion work lowards the completion of the proPOled yehlcle 1I10l'llglIloI expansion can be
Initialed. If conslructlon worl\ Is planned to continue until \he ne:d bald eagle nesting season (October 1 - Mey
16), we recommend flll1her ccordlnallon WIth the Service.
Regard&,
A/ Bagazo
South Florida EcoIogicel Service.
Fish and WIlcIIife 94trvlce
1339 20th Slreel
V.ra Beach, Fl 32960
Phone: 772-582-3909 ext, 234
alfrel;IcUleguoorw-.gov
"J.II N-.r'" ....Uft...ro................,.
r. .".... WIlbbOfwo.9O"~
roc ."'....lIO.J>eII....Ao. po. 'tlo<nlI\... .......... '''''''''.1Hl''''' oom>. 'M...
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Subj... No,... -' 01 c......rn P..... lot pI'~
O:l.lI~OOl' 0$ 27 PM
Aile".
Thank you 'or /alIIng .,.,. lime today to dlscUsB a ~ eagle nesl Mat our new parking lot proJecl at G4rrmaln
Toyola in Collier County. '
We were scheduled to begin construction nexl W88ll when tbis nS'llt nesl walll discovered, CoIII8I' County slaff Is
awa,. of IhiB new nest.
As we discussed. attached Is a memo regardlnglhls currenl SlltJatlon fro", Kevin l. Erwin ConBulLing l:oologl51,
loe, and a Iocallon of lhe nesl on the site plan deplCling exlsllng and ptOfXlSed develoPmenI prepared by OUl'
engine.,.. Agnoll Barber & BrundaOIt, Ine.
Thank you and please let mB kI10w If you ')IIed any addiUonallnfOlmallon.
Jeff Nunner
239.591 .1328{attachment "Ge,maln USFWS ..gle nlemo.pdr deleted f)y Alfredo BegazolR4IFWSIOOI]
latlachment -Eagle Neal - 100ft raetlus.pet!" deleted by A1f7edO BegazolR4IFWSIO(1)
4/212007
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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 Commissionex:'S!.': ~ " (. i
~...., .
,-
'"
By:
(}.uu ~qC:
Ann Jennejo~~i' ~-
Deputy Clerk '<, ~:' ':"', '..
" Jl'