HEX Final Decision 2015-01 HEX NO. 2015—01
HEARING EXAMINER DECISION
PETITION NO. ZVL(CUD)-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 0.491 acres.
DATE OF HEARING: January 8, 2015.
STAFF RECOMMENDATION: Approval.
FINDINGS:
1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
Code of Laws and Ordinances, and Sub-section 2.03.04 A.1.c.25 of the Land
Development Code.
2. Based on the applicant's written petition, testimony at the hearing of the applicant and the
public, and the recommendation of staff, the Hearing Examiner finds that the criteria set
forth in Section 10.02.06.J of the Land Development Code has been met and the petition
should be approved.
DECISION:
The Hearing Examiner hereby approves Petition No. ZVL-20140002310, filed by Robert J.
Mulhere, FACIP of Mulhere and Associates, representing Nano Lube Corporation and Wiland
Holdings of Naples, LLC, requesting approval of a zoning verification letter determining that the
proposed use of wholesale distribution of lubricants prepackaged for retail sale is comparable in
nature to other permitted uses in the Industrial (I) Zoning District, on the property described in
Exhibit `B", and affirms staff's determinations as stated in the Zoning Verification Letter
attached as Exhibit"A", subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL—PL20140002310
Exhibit B—legal description
LEGAL DESCRIPTION: See Exhibit B.
[14-CPS-0 1 399/1 142753/1]18 1 of 2
CONDITIONS:
1. No outside storage of product.
2. Products will arrive pre-packaged and be warehoused until distributed to end
user or retailer.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
l
I - 12 -20 ►1-
Date Mar Strain, Hearing Examiner
Appro ed as to form and legality:
Heidi F.Ashton-Cicko
Managing Assistant County Attorney
[14-CPS-01399/1142753/1118 2 oft
EXHIBIT "A"
Page 1 of 2
co ->re-Ir coi rnty
Growths 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 (I).
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
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
EXHIBIT "A"
Page 2 of 2
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
me at (239) 252-4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
r
Fred R 'schl, AICP, Principal Planner Raymo d V. ow
Bells, Zoning Manager
Planning & Zoning Plannih & Zoning
cc: Anis Moxam,Addressing
4 u ir
• Exhibit B
PARC I k1 USTF AL ILLAGE:
Being part of the NW 1/4 of Section 11, Township 49 South, Range 25 East,
Collier County, Florida, more particularly described as folluva:
COMMENCING at the West 1/2 corner of Section ) 1,Township 49 South,
Range 25 East, Collier County,Florida;thence along the East and West 1/4
line of said Section 11,North 89°30'40" East, 1987.83 feet;thence North
0°24'17" West, 231.29 feet;thence North 89°35'43" East 495.00 feet; thence
North 0'24'17" West, 475.00 feet for a PLACE OF BEGINNING; thence
continuing along the last descri•-• a e i et;thence North 89°35'43"
East, 165.00 feet to the No . . • . • •• o s • Section; thence along
said North and South I/ ,{6,- •uth 0°24'17"East ;0,q •-t; thence South
89°35'43" West, 165.0 fee' • • ' • CE OF BEG' 1 , being part of
the NW 1/4 of Sectio 11 o ..,',• ' • ou , ' ge 2 t, Collier County,
Florida.
gi C 0 711° V w �
Being part of the NW f ection 11,Town • •oit;F,Range 25 East, ••
Collier County, Florida, ope icularly descri• a, ows: v
CM
COMMENCING at the West 1 * . 1,Township 49 South,
Range 25 East,Collier County,Florida;thence along the East and West 1/4 N
line of said Section 11,North 89330'40"East, 1987.83 feet;thence North ••
0°24'17" West,231.29 feet;thence North 89°35'43" East 495.00 feet;thence
North 0'24'17" West, 555.00 feet for a PLACE OF BEGINNLNG;thence .,o..
continuing along the last described course, 80.00 feet; thence North 89°35'43" *
East, 165,00 feet to the North and South 1/4 line of said Section;thence along
ai
said North and South 1/4 line South 0°24'17"East, 80.00 feet;thence South
89°35'43" West, 165.00 feet to the PLACE OF BEGINNING,being part of
the NW 1/4 of Section 11, Township 49 South, Range 25 East, Collier County,
Florida.
IF:1MRN•Y731 Charm a ,1 1 Dasa4Uaaayd 7617.01