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HEX Agenda 01/08/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA JANUARY 8, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 8, 2015 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF - ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. ZV4CUD)- PL20140002310 — Nano Lube Corp. requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of wholesale distribution of lubricants prepackaged for retail sale is comparable and compatible in nature to other permitted uses in the Industrial (I) Zoning District. The subject property is located south of J & C Boulevard, on the east side of Lee Ann Lane, in Section 11, Township 49 South, Range 25 East, Collier County, Florida, consisting of 0.49± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN AGENDA ITEM 4A Coer Co14nty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: JANUARY 8, 2015 SUBJECT: ZVL(CUD)- PL20140002310, NANO -LUBE COMPARABLE USE PROPERTY OWNER/AGENT: Owner: Nano Lube Corporation PO Box 990904 Naples, FL 34116 Agent: Robert J. Mulhere, FAICP Mulhere & Associates 430 Robin Hood Circle, Suite 102 Naples, FI 34104 REOUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a. determination by the Planning Manager that the proposed use of "wholesale distribution of lubricants prepackaged for retail sale" within the Industrial (I) zoning district is comparable and compatible to other permitted uses. GEOGRAPHIC LOCATION: The subject site is 0.49± acres, described as Lots 31 and 32 of the unrecorded plat of Industrial Village; however, this determination will apply to the I zoning district countywide. ZVL(CUD)- PL20140002310 Page 1 of 3 Nano Lube PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to warehouse and distribute lubricants from a site in the I zoning district. Nano Lube Corporation stores and distributes prepackaged petroleum -based lubricants. The Land Development Code (LDC) identifies the wholesale distribution of petroleum and petroleum products as a Conditional Use in the I zoning district (Standard Industrial Classification [SIC] Code 5172). The applicant states that the subject use is similar to SIC Code 5013 — Motor Vehicle Supplies and New Parts, 5085 — Industrial Supplies, and 5088 — Transportation Equipment and Supplies, Except Motor Vehicles which are permitted uses in I. The applicant describes several more uses that he states are similar (see the attached Narrative and Justification). The Applicant requested a Zoning Verification Letter (attached) requesting a determination that wholesale distribution of prepackaged lubricants is a permitted use in the I zoning district. ANALYSIS: According to the SIC Manual, wholesale distribution of lubricants falls under Industry 5172, Wholesale Trade — Nondurable Goods, Lubricating oils and greases — wholesale. This use is a Conditional Use in the I zoning district Division F of the SIC Manual, Wholesale Trade, The Division as a Whole, states "in addition to selling, functions frequently performed by wholesale establishments include... breaking bulk and redistribution into smaller lots..." The process of breaking down bulk lubricants into smaller lots and packaging for retail sale would be potentially hazardous and would warrant a Conditional Use. However, the applicant states that the proposed business stores and distributes lubricants prepackaged for retail sale, a process without the same hazard potential. Staff's opinion, subject to affirmation by the Hearing Examiner, is that the proposed use of wholesale distribution of lubricants prepackaged for retail sale, is comparable, compatible, and consistent in nature to other permitted uses in the I zoning district. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201400002310 on December 19, 2014. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of wholesale distribution of lubricants prepackaged for retail sale is comparable and compatible to other permitted uses in the Industrial zoning district. ZVL(CUD)- PL20140002310 Page 2 of 3 Nano Lube A. Zoning Verification Letter. B. Section 2.03.04, Industrial Zoning Districts, of the LDC C. Application PREPARED BY: FRE ISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: RAYMO,lb V. BELLOWS ZONIN ANAGER MICHAEL BOSI, AICP, DIRECTOR PLANNING AND ZONING DEPARTMENT ZVL(CUD)- PL20140002310 Page 3 of 3 Nano Lube /,,-) - -/7 -l/ DATE Iz- l7• /'f DATE DATE Growth Management Division Planning & Zoning November 21, 2014 Robert J. Mulhere, FAICP Mulhere & Associates, LLC 430 Robin Hood Circle, Suite 102 Naples, FL 34104 Re: Zoning Verification Letter ZVL (CUD)- PL20140002310; 6140 Lee Ann Lane, Collier County, Florida, Folio Number 00253640000 Dear Mr. Mulhere: Thank you for your request for a Comparable Use Determination. The subject property is zoned Industrial (1). You requested a determination that wholesale distribution of lubricants is a permitted use in the I zoning district. According to the Standard Industrial Classification (SIC) Manual, wholesale distribution of lubricants falls under Industry 5172, Wholesale Trade — Nondurable Goods, Lubricating oils and greases — wholesale. This use is a Conditional Use in the I zoning district. Your application states that you believe the use is similar to Industry 5013, Wholesale Trade — Durable Goods, Motor Vehicle Supplies and New Parts and other permitted uses in the I zoning district. Staff agrees that the storage and distribution of prepackaged lubricants for retail sale is a similar use despite not being a durable good. Division F of the SIC Manual, Wholesale Trade, The Division as a Whole states "in addition to selling, functions frequently performed by wholesale establishments include... breaking bulk and redistribution into smaller lots..." The process of breaking down bulk lubricants into smaller lots and packaging for retail sale would be potentially hazardous and warrant a Conditional Use. However, your application states that your business stores and distributes lubricants prepackaged for retail sale, a process without the same hazard potential. Based on the research above and in the application, the Planning Manager has determined that wholesale distribution of lubricants prepackaged for retail sale is comparable and compatible to the other permitted uses in the I zoning district and is therefore a permitted use. This determination shall be affirmed by the Hearing Examiner to become valid. Please be advised that the information presented in this verification letter is based on the LDC and /or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(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 o- Planning & Zoning Department • 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 • www.colliergov.net adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact meat (239) 252 -4211 or fredreischl @colliergov.net. Researched and prepared by: Fred R. &'schl, AICP, Principal Planner Planning & Zoning cc: Anis Moxam, Addressing Reviewed by: �II Raymp d V. Bellows, Zoning Manager Planning & Zoning Detail by Entity Name Detail by Entity Name Foreign Profit Corporation NANO LUBE, CORP Filing Information Document Number FEI /EIN Number Date Filed State Status Principal Address 6140 LEE ANN LANE NAPLES, FL 34109 Changed: 11/19/2014 Mailing Address 6140 LEE ANN LANE NAPLES, FL 34109 F13000004684 46- 3493167 10/28/2013 NV ACTIVE Registered Agent Name & Address GEHRISCH, ANDY 3939 TREASURE COVE CIRCLE NAPLES, FL 34114 Officer /Director Detail Name & Address Title C GEHRISCH, JOHN A 15541 VALLECAS LANE NAPLES, FL 34110 Title D/P GEHRISCH, J. ANDREW 6140 LEE ANN LANE NAPLES, FL 34109 Title S/T GEHRISCH, J. ANDREW Page 1 of 2 http:Hsearch. sunbiz.org/ Inquiry/ CorporationSearcli /SearcliResultDetail /EntityName /fore -... 12/15/2014 Detail by Entity Name 6140 LEE ANN LANE NAPLES, FL 34109 Annual Reports Report Year Filed Date 2014 01/08/2014 Document Images 01108/2014 --ANNUAL REPORT I View image in PDF format 10/28/2013-- Foreign Profit View image in PDF format Cowdoht © and Privacy Policles State of of State Page 2 of 2 http: / /search. sunbiz.org/ Inquiry/ CorporationSearch /SearchResultDetai 1/EntityName /forp -... 12/15/2014 • 2.03.04 - Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses, 1. 2. 3. 4. 5, 6. 7. S. 9. 10. IL 12. 13, Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and time spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722 -0724, 0761, 0782, 0783). Apparel and other finished products (2311- 2399). Ancillary plants. Automotive repair, service, and parking (7513- 7549). Barber shops (7241). Beauty shops or salons (7231). Building construction (1521- 1542). Business services (7312, 7313, 7319, 7334 -7336, 7342 -7389, including auction rooms (5999), subject to parking and landscaping for retail use). Communications (4812 -4899 including communications towers up to specified heights, subject to section 5.05.09.). Construction— Special trade contractors (1711-1799). Crematories (7261). Depository and non- depository institutions (6011- 6163). Eating places (5812). 14. Electronic and other electrical equipment (3612- 3699). 15. Engineering, accounting, research, management and related services (8711- 8748). 16. Essential services, subject to section-2.0 1.03 17. Fabricated metal products (3411-3479, 3491- 3499). 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Furniture and fixtures (2511- 2599). 20. General aviation airport. 21. Gunsmith shops (7699). 22. Heavy construction (1611-1629). 23. Health services (8011 accessory to industrial activities conducted on -site only). 24. Industrial and commercial machinery and computer equipment (3511- 3599). 25. Insurance agents, brokers, and service, including Title insurance (6361 and 6411). 26. Laundry, cleaning, and garment services (7211- 7219). 27. Leather and leather products (3131- 3199). 28. Local and suburban transit (4111- 4173). 29. Lumber and wood products (2426, 2431- 2499). 30. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (3812- 3873). 31. Membership organizations (8611, 8631). 32. Miscellaneous manufacturing industries (3911- 3999). 33. Miscellaneous repair services (7622 -7699) with no associated retail sales. 34. Miscellaneous services (8999). 35. Motor freight transportation and warehousing (4212, 4213 -4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 36. Outdoor storage yards pursuant to the requirements of section 4.02.12 37. Paper and allied products (2621- 2679). 38. Perfumes, cosmetics, and other toilet preparations (2844). 39. Physical fitness facilities, (7911 except Discotheques, 7991, 7999 limited to baseball instruction, basketball instruction, gymnastics instruction, judo instruction, karate instruction, and yoga instruction). 40. Printing, publishing and allied industries (2711- 2796). 41. Railroad transportation (4011, 4013). 42. Real estate brokers and appraisers (6531). 43. Rubber and miscellaneous plastics products (3021, 3052, 3053). 44. Shooting range, indoor (7999). 45. Soap: granulated, liquid, cake, flake, and chip (2841). 46. Stone, clay, glass, and concrete products (3221, 3231, 3251, 3253, 3255 -3273, 3275, 3281). 47. Textile mill products (221 1 -2221, 2241 -2259, 2273 -2289, 2297, 2298). 48. Title abstract offices (6541). 49. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 50. Transportation by air (4512- -4581). 51. Transportation services (4724 -4783, 4789 except stockyards). 52. United States Postal Services (4311). 53. Vocational schools (8243 - 8249). 54. Welding repair (7692). 55. 56. 57. Wholesale trade — Durable goods (5012 -5014, 5021 -5049, 5063 -5092, 5094- 5099). Wholesale trade — nondurable goods (5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192 - 5199). Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non - conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre - disaster condition. b. Accessory uses. 1. c. 2. 3. 4. 5. Uses and structures that are accessory and incidental to uses permitted as of right in the 1 district. Caretaker's residence, subject to section 5.03.05 . Retail sales and /or display areas as accessory to the principal use, excluding automotive sales and /or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy -two (72) consecutive hours. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy -two (72) consecutive hours. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in section i 0.08.00 1. Adult day care centers (8322). Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. 2. M IU, Shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. Shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. Child day care services (8351), provided: [if In. iv. V. vi. vii. viii. ix. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials: A material that has any of the following properties; ignitable, corrosive, reactive and /or toxic. Toxic substances: A substance which is or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. It shall provide a landscape buffer in accordance with section 4.06.00 It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subsections i. through -viii. above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 3. Chemical and allied products (2812- 2899). 4. Communications (groups 4812 --4899 including communications towers that exceed specified heights subject to all requirements of section 5.05.09.). 5. Electric, gas, and sanitary services (4911- 4971). 6. Fabricated metal products (3482- 3489). 7. Food and kindred products (201 1 and 2048 including slaughtering plants for human and animal consumption). 8. Heliports /Helistops, public and private: For restrictions and conditions see section 5.05.14 Heliports and Helistops. 9. Leather tanning and finishing (3111). 10. Lumber and wood products (2411, 2421, 2429). 11. Motor freight transportation and warehousing (4226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). 12. Oil and gas extraction (1321, 1382). 13. Paper and allied products (2611). 14. Petroleum refining and related industries (2911- 2999). 15. Primary metals industries (3312- 3399). 16. Refuse systems (4953). 17. Rubber and miscellaneous plastics products (3061- 3089). 18. Stone, clay, glass, and concrete products (3211, 3229, 3241, 3274, 3291- 3299). 19. Textile mill products (2231, 2261 -2269, 2295, 2296). 20. Transportation by air (4581 airport flying fields). 21. 22. 23. 24. 25. 26. Transportation services (4789 stockyards). Vehicle racing - applicable to the Immokalee Regional Airport only. Wholesale trade - durable goods (5015, 5051, 5052, 5093). Wholesale trade - nondurable goods (5162, 5169, 5171, 5172, 5191). Homeless shelters. Soup kitchens. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to sectiorn 10.08-00 October 15, 2014 Mr. Ray Bellows, AICP Collier County Planning Manager 2800 North Horseshoe Drive Naples, FL 3410 Dear Ray: As we discussed, please find attached an application for a Comparable Use Determination in a Straight Zoning District. The subject property is zoned I — Industrial, and the use is warehousing and wholesale distribution of pre - packaged engine high performance engine lubrication. The company name and contact information is as follows: Mailinit Address: J. Andrew Gehrisch, President Nano Lube Corporation PO Box 990904 Naples, FL 34116 Site Address: 6140 Lee Ann Lane Naples, FL 34119 Your assistance is greatly appreciated. I have included a Narrative and Justification supporting our request. Just let me know who you assign this to and I will coordinate with regard to any further questions or additional information that may be necessary. Sincerely, r Robert J. Mulhere, FAICP Gdlii r GOUnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2 -83 — 2 -90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by stuff DATE PROCESSED PUD Zoning District ✓ Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): J. Andrew Gehrisch,President, Nano Lube Corporation Address: PO Box 990904 City. Naples State: FL ZIP: 34116 Telephone: 855- 360 -6266 Cell: N/A Fax: 855- 370 -6266 E -Mail Address: agehrisch @nanolubecorp.com Name of Agent: Robert J. Where, FACIP Firm: Where & Associates Address: 430 Robin Hood Lane,# 102 city. Naples _ State: FL ZIP: 34104 Telephone: 239- 825 -9373 Cell: 239_825 -9373 _ Fax: E -Mail Address: rjmulhere @gmaii.com PROPERTY INFORMATION Site Address: 6140 Lee Ann Lane,Naples,FL Folio Number: 00253640000 Property Owners Name: Nano Lube, Corp. (Tenant) Wiland Holdings of Naples \, LLC (owner) DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of See Attached Narrative is comparable and compatible with the permitted uses in the PUD or in the i - industrial Straight Zoning District." 9/25/2014 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County 0 ❑ ❑ website) Determination request and the justification for the use El ❑ PUD Ordinance and Development Commitment information ❑ ❑ ❑ Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all [] ❑ ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: O Application: $1,000.00; 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. U Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature J. Andrew Gehrisch, President Printed Name 10/14/2014 Date 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. 9/25/2014 Page 2 of 2 Narrative and Justification Comparable Use Determination in Straight Zoned District Applicant: J. Andrew Gehrisch, President Nano Lube Corporation PO Box 990904 Naples, FL 34116 Site location: 6140 Lee Ann Lane Naples, FL 34119 Zoning: I - Industrial Use: Wholesale Distribution of Pre - Packaged High Performance Engine Lubricants. Nano Lube is a company that wholesales engine lubricants for various types of engines and other equipment with moving parts. The products are sold in plastic containers that are pre- packaged for end user and retail sellers (see product photos below). a� rt At V 1r' The site location improved, with all required parking and landscaping. The building is +/- 2800 square feet in size. It includes a small office area, and a warehouse area with two roll up doors. All storage occurs indoors. All products arrive pre - packaged and are simply warehoused until they are distributed to an end user or retailer. Clearly this is a use that was intended to be permitted in the I - Industrial district. As you know, Collier County uses the SIC to identify uses within the LDC as being either permitted by right or conditionally allowed (CU). Occasionally, a use is not clearly identified or there is some lack of clarity in the SIC or the LDC and therefore the LDC does allow for some discretion through a "Comparable Use Determination ". The Collier County LDC indicates that the purpose and intent of the Industrial District (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The subject use is fully consistent with that purpose (storage and warehousing, wholesaling). However, the SIC code breaks down wholesale trade into "durable" and "non- durable" goods. In the I — Industrial zoning district, the LDC identifies Conditional Use (CU) # 23, as follows: 23. Wholesale trade - durable goods (5015, 5051, 5052, 5093). Wholesale trade - nondurable goods (5162, 5169, 5171, 5172, 5191). SIC Code 5172 is described as "Establishments primarily engaged in the wholesale distribution of petroleum and petroleum products, except those with bulk liquid storage facilities. Included are packaged and bottled petroleum products distributors, truck jobbers, and others marketing petroleum and its products at wholesale, but without bulk liquid storage facilities. • Butane gas, except bulk stations and terminals - wholesale • Crude oil, except bulk stations and terminals - wholesale • Fuel oil, except bulk stations and terminals - wholesale • Fueling services, aircraft - wholesale • Gases, liquefied petroleum: except bulk stations and • Gasoline, except bulk stations and terminals - wholesale • Gasoline: buying in bulk and selling to farmers - wholesale • Kerosene - wholesale • Lubricating oils and greases- wholesale • Naphtha, except bulk stations and terminals - wholesale • Petroleum and its products, except bulk stations and Petroleum brokers- wholesale Nano Lube is engaged in the wholesale distribution of petroleum based lubricating products; however, thus use should not be subject to the CU process, but rather permitted use by right in the I zoning district, since: (1) SIC Code 5013 is use permitted by right and the SIC description of that use specifically lists 5013 Motor Vehicle Supplies and New Parts (and this clearly would all under the broad category of a "motor vehicle supplies "); and (2)there are many other uses that are very similar in nature which are permitted as of right in the I — Industrial zoning district. For example, in the Industrial zoning district, the following uses are permitted by right (with those that are similar in nature or which may store for use or sale or wholesale and distribute petroleum based products highlighted in yellow): The uses permitted under above are as follows: • 5012 Automobiles and Other Motor Vehicles ■ 5013 Motor Vehicle Supplies and New Parts ■ 5014 Tires and Tubes ■ 5021 Furniture • 5023 Home furnishings • 5031 Lumber, Plywood, Millwork, and Wood Panels • 5032 Brick, Stone, and Related Construction Materials ■ 5033 Roofing, Siding, and Insulation Materials • 5039 Construction Materials, Not Elsewhere Classified ■ 5043 Photographic Equipment and Supplies ■ 5044 Office Equipment • 5045 Computers and Computer Peripheral Equipment and Software • 5046 Commercial Equipment, Not Elsewhere Classified • 5047 Medical, Dental, and Hospital Equipment and Supplies 5048 Ophthalmic Goods ■ 5049 Professional Equipment and Supplies, Not Elsewhere Classified ■ 5063 Electrical Apparatus and Equipment Wiring Supplies, and Construction Materials • 5064 Electrical Appliances, Television and Radio Sets • 5065 Electronic Parts and Equipment, Not Elsewhere Classified • 5072 Hardware • 5074 Plumbing and Heating Equipment and Supplies (Hydronics) ■ 5075 Warm Air Heating and Air - Conditioning Equipment and Supplies ■ 5078 Refrigeration Equipment and Supplies 5082 Construction and Mining (Except Petroleum) Machinery and Equipment • 5083 Farm and Garden Machinery and Equipment • 5084 Industrial Machinery and Equipment • 5085 Industrial Supplies • 5087 Service Establishment Equipment and Supplies • 5088 Transportation Equipment and Supplies, Except Motor Vehicles • 5091 Sporting and Recreational Goods and Supplies • 5092 Toys and Hobby Goods and Supplies • 5094 Jewelry, Watches, Precious Stones, and Precious Metals • 5099 Durable Goods, Not Elsewhere Classified The actual list of uses under each of the above is significant. For example: SIC Code 5013 Motor Vehicle Supplies and New Parts is a permitted use and is described as Establishments primarily engaged in the wholesale distribution of motor vehicle supplies, accessories, tools, and equipment; and new motor vehicle parts. • Automobile engine testing equipment electrical - wholesale • Automobile glass - wholesale • Automobile service station equipment - wholesale • Automotive accessories - wholesale • Automotive engines, new - wholesale • Automotive parts, new - wholesale • Automotive stampings - wholesale • Automotive supplies - wholesale • Batteries, automotive - wholesale • Engine electrical equipment, automotive - wholesale • Garage service equipment - wholesale • Hardware, automotive - wholesale • Motorcycle parts - wholesale • Pumps, measuring and dispensing: gasoline and oil- wholesale • Seat belts, automotive - wholesale • Seat covers, automotive - wholesale • Service station equipment, automobile- wholesale • Testing equipment, electrical: automotive- wholesale • Tools and equipment, automotive - wholesale • Wheels, motor vehicle: new - wholesale SIC Code 5085 Industrial Supplies is a permitted use and is described as Establishments primarily engaged in the wholesale distribution of industrial supplies, not elsewhere classified. • Abrasives - wholesale • Barrels, new and reconditioned - wholesale • Bearings- wholesale • Bort- wholesale • Bottle rs'supplies: caps, bottles, etc. - wholesale Bottles, glass or plastics - wholesale • Box shooks- wholesale ■ Boxes, crates, etc., other than paper - wholesale • Cans for fruits and vegetables - wholesale • Chain, power transmission - wholesale • Cooperage stock - wholesale ■ Cordage - wholesale • Cork - wholesale • Crates, except paper - wholesale ■ Crowns and closures, metal - wholesale • Diamonds, industrial: natural and crude - wholesale ■ Drums, new and reconditioned - wholesale ■ Gaskets - wholesale • Gears - wholesale • Glass bottles- wholesale • Grommets - wholesale • Hose, belting, and packing industrial - wholesale • Hydraulic and pneumatic pistons and valves - wholesale • Industrial fittings - wholesale • Industrial sewing thread-wholesale • Industrial wheels - wholesale • Ink, printers' - wholesale • Lapidary equipment - wholesale • Leather belting, packing- wholesale • Mill supplies - wholesale • Pails, metal - wholesale • Pistons and valves, industrial- wholesale • Power transmission supplies, mechanical - wholesale • Refractory material - wholesale • Rope, except wire rope - wholesale • Rubber goods, mechanical - wholesale • Seals, gaskets, and packing - wholesale • Sprockets - wholesale • Textile printers'supplies- wholesale • Twine- wholesale • Valves and fittings, except plumbers' - wholesale SIC Code SIC Code 5088 Transportation Equipment and Supplies, Except Motor Vehicles is a permitted use and is described as Establishments primarily engaged in the wholesale distribution of transportation equipment and supplies. • Air - conditioner repair, automotive • Automotive springs, rebuilding and repair • Axle straightening, automotive • Brake linings, sale and installation • Brake repairing, automotive • Carburetor repair • Electrical service, automotive (battery and ignition repair) • Frame repair shops, automotive • Front end repair, automotive • Fuel system conversion, automotive • Fuel system repair, automotive • Generator and starter repair, automotive • Radiator repair shops, automotive • Wheel alignment, automotive 14. Jam+ O Napo 'k, rs®rWeer, and p®rk4ng (75.13^ - -754# The uses permitted under above are as follows: ■ 7513 Truck Rental and Leasing, Without Drivers • 7514 Passenger Car Rental • 7515 Passenger Car Leasing • 7519 Utility Trailer and Recreational Vehicle Rental ■ 7521 Automobile Parking • 7532 Top, Body, and Upholstery Repair Shops and Paint Shops • 7533 Automotive Exhaust System Repair Shops ■ 7534 Tire Retreading and Repair Shops ■ 7536 Automotive Glass Replacement Shops • 7537 Automotive Transmission Repair Shops ■ 7538 General Automotive Repair Shops • 7539 Automotive Repair Shops, Not Elsewhere Classified • 7542 Carwashes ■ 7549 Automotive Services, Except Repair and Carwashes Again, the actual list of uses under each of the above is significant. For example: 7538 General Automotive Repair Shops is also permitted and is described as Establishments primarily engaged in general automotive repair. • Automotive repair shops, general • Diesel engine repair, automotive • Engine repair, automotive • Engine repair, truck: except industrial • Garages, general automotive repair and service • Motor repair, automotive • Truck engine repair, except industrial 7537 Automotive Transmission Repair Shops is also permitted and is described as Establishments primarily engaged in the installation, repair, or sales and installation of automotive transmissions. The sale of transmissions and related parts is considered incidental to the installation or repair of these products. • Automatic transmission repair, automotive • Transmission repair, automotive • Transmission, automotive: installation, repair, or sale and installation 53.Wholesale trade — Nondurable goods (5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192 - 5199). The uses permitted under above are as follows: ■ 5111 Printing and Writing Paper • 5112 Stationery and Office Supplies ■ 5113 Industrial and Personal Service Paper ■ 5122 Drugs, Drug Proprietaries, and Druggists' Sundries • 5131 Piece Goods, Notions, and Other Dry Good ■ 5136 Men's and Boy's Clothing and Furnishings • 5137 Women's, Children's, and Infants' Clothing and Accessories ■ 5139 Footwear ■ 5141 Groceries, General Line ■ 5142 Packaged Frozen Foods ■ 5143 Dairy Products, Except Dried or Canned ■ 5144 Poultry and Poultry Products ■ 5145 Confectionery ■ 5146 Fish and Seafoods ■ 5147 Meats and Meat Products ■ 5148 Fresh Fruits and Vegetables ■ 5149 Groceries and Related Products, Not Elsewhere Classified ■ 5153 Grain and Field Beans ■ 5154 Livestock ■ 5159 Farm - Product Raw Materials, Not Elsewhere Classified ■ 5181 Beer and Ale ■ 5182 Wine and Distilled Alcoholic Beverages ■ 5191 Farm Supplies • 5192 Books, Periodicals, and Newspapers • 5193 Flowers, Nursery Stock, and Florists' Supplies ■ 5194 Tobacco and Tobacco Products ■ 5198 Paints, Varnishes, and Supplies • 5199 Nondurable Goods, Not Elsewhere Classified Again, the actual list of uses under each of the above is significant. For example: 5191 Farm Supplies is described as Establishments primarily engaged in the wholesale distribution of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds, and other farm supplies, except grains. ■ Agricultural chemicals - wholesale • Agricultural limestone- wholesale • Alfalfa - wholesale • Animal feeds, except pet - wholesale • Beekeeping supplies- wholesale • Farm supplies - wholesale • Feed additives, animal - wholesale ■ Feed, except unmixed grain - wholesale • Fertilizer and fertilizer materials- wholesale • Flower and field bulbs - wholesale • Harness equipment - wholesale • Harness made to individual order - wholesale • Hay - wholesale • Insecticides - wholesale • Lime, agricultural- wholesale • Mineral supplements, animal - wholesale • Pesticides - wholesale • Phosphate rock, ground- wholesale • Seeds: field, garden, and flower - wholesale • Straw - wholesale 5198 Paints, Varnishes, and Supplies is described as establishments primarily engaged in the wholesale distribution of paints, varnishes, wallpaper, and supplies. Establishments selling to the general public and known as retail in the trade are classified in Retail Trade, Industry 5231. • Calcimines - wholesale • Colors and pigments - wholesale • Enamels- wholesale • Lacquers - wholesale • Paint brushes, rollers, and sprayers- wholesale • Paints - wholesale • Shellac - wholesale • Varnishes - wholesale • Wallpaper - wholesale As you can see, there are numerous uses that are permitted as of right in the "I" Industrial District that use, store, or wholesale and distribute products that are the same or similar to the products that Nano Lube Corporation wholesales and distributes. Clearly this uses should be deemed to be comparable to other uses permitted by right in the I — Industrial district. Perhaps some future LDC amendment could clarify this, but there is no reason not to allow the Nano Lube Corporation wholesale distribution operation to occur at the Lee Ann Avenue location as the use is clearly comparable to many other permitted uses.