HEX Backup Documents 01/08/2015 COLLIER COUNTY
HEARING EXAMINER
HEARINGS
BACKUP
DOCUMENTS
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 WANED 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. 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 0.49±acres. [Coordinator: Fred Reischl,AICP,Principal Planner]
5. OTHER BUSINESS
6. ADJOURN
Teresa L. Cannon
From: Teresa L. Cannon on behalf of Minutes and Records
Sent: Tuesday, December 09, 2014 2:26 PM
To: Reischl, Fred
Subject: RE: Ad Request ZVL(CUD)-PL20140002310 Nano Lube
I will forward the proof as soon as I get it.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
From: Reischl, Fred
Sent: Tuesday, December 09, 2014 2:16 PM
To: Minutes and Records
Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley
Subject: Ad Request ZVL(CUD)-PL20140002310 Nano Lube
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
(There is no map required for this type of ad)
Thanks!
Fred
Fred Reischl, AICP
Principal Planner
Planning & Zoning Department
Phone: 239-252-4211
colliergov.net
Co" er County
Under Florida Law,e-mail addresses are public records If you do not want your e-mail address released in response to a public records request,no not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Teresa L. Cannon
From: Rodriguez, Wanda
Sent: Tuesday, December 09, 2014 2:29 PM
To: Minutes and Records
Cc: Reischl, Fred; Ashton, Heidi; Stone, Scott
Subject: FW: Ad Request ZVL(CUD)-PL20140002310 Nano Lube
Attachments: HEX Ad - signed.pdf; NDN Ad.docx
The title is as approved by our office, and the requested run date is acceptable. OK to proceed.
Heidi & Scott: this item is a late addition to the 1/8/15 HEX agenda.
'Wanda Rodriguez, ACT
Advanced Certified Paralegal
Office of the County Attorney
(239)252-8400
From: ReischlFred
Sent: Tuesday, December 09, 2014 2:16 PM
To: Minutes and Records
Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley
Subject: Ad Request ZVL(CUD)-PL20140002310 Nano Lube
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
(There is no map required for this type of ad)
Thanks!
Fred
Fred Reischl, AICP
Principal Planner
Planning & Zoning Department
Phone: 239-252-4211
colliergov.net
C;a le-r County
Under Florida Law,e-mail addresses are public records If you do not want your e-rnatl address released in response to a public records request,do not send
electronic mail to this entity. Instead,contact this office by telephone or in writing.
1
December 09, 2014
Collier County Hearing Examiner Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on December 19, 2014, and furnish proof of
publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department,
Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must
be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than
18 point. The advertisement must not be placed in that portion of the newspaper where legal notices
and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: PLANNING&ZONING
Zoning Services Section
FUND &COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500154426
Account Number: 076397
7-(2
Authorized-Designee signature for HEX Advertising
PL
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner
(HEX) at 9:00 A.M.,on Thursday,January 8,2015, in the Hearing Examiner's meeting room, at 2800
North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider:
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 0.49±acres.
All interested parties are invited to appear and be heard. All materials used in presentation
before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be reviewed at the
Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person decides to
appeal any decision made by the Collier County Hearing Examiner with respect to any matter
considered at such meeting or hearing, he will need a record of that proceeding, and for such
purpose he 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.
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, Florida 34112-5356, (239) 252-8380, at least two days prior to the
meeting.
Mark Strain,
Chief Hearing Examiner
Collier County,Florida
#076397
December 9, 2014
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34112
Re: ZVLCUD-PL20140002310 — Nano Lube, Corp.
Dear Legals:
Please advertise the above referenced notice Friday, December 19, 2014,
and kindly send the Affidavit of Publication, in duplicate, together with
charges involved to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500154426
December 09, 2014
Collier County Hearing Examiner Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on December 19, 2014,and furnish proof of
publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401,
Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the
advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: PLANNING &ZONING
Zoning Services Section
FUND & COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500154426
Account Number: 076397
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner
(HEX) at 9:00 A.M.,on Thursday,January 8,2015, in the Hearing Examiner's Meeting Room, at 2800
North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider:
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 0.49± acres.
All interested parties are invited to appear and be heard. All materials used in presentation
before the Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one week prior to the hearing. The file can be reviewed at the
Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person decides to
appeal any decision made by the Collier County Hearing Examiner with respect to any matter
considered at such meeting or hearing, he will need a record of that proceeding, and for such
purpose he 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.
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, Florida 34112-5356, (239) 252-8380, at least two days prior to the
meeting.
Mark Strain,
Chief Hearing Examiner
Collier County, Florida
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Tuesday, December 09, 2014 3:17 PM
To: Naples Daily News Legals
Subject: ZVLCUD-PL20140002310, Nano Lube
Attachments: ZVLCUD-PL20140002310 (HEX).doc;ZVLCUD-PL20140002310 (HEX).doc
Legals,
Please advertise the attached Legal Ad on Friday, December 19, 2014.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, December 10, 2014 3:09 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UAS92FA jpg
Hi Teresa!
Please provide approval ASAP for publication on 12.19.14.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 12/10/14
Publication NDN
Account Number 787098
Ad Number 2042706
Total Ad Cost $271.42
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 8, 2015, in the Hearing
Examiner 's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,
Fl 34104, to consider:
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 10.42.06, 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 .! & 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.
All interested parties are invited to appear and be heard. All materials used in
presentation before the Hearing Examiner will become a permanent part of the
record.
Copies of staff report are available one week prior to the hearing. The file can be
reviewed at the Collier County Growth Management Division, 2800 North
Horseshoe Drive, Naples, FL.
The Hearing Examiner's decision becomes final on the date rendered. It a person
decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he 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.
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, Florida
34112-5356, (239) 252-8380, at least two days prior to the meeting.
Mark Strain,
Chief Hearing Examiner
Collier County, Florida
December 19, 2014 No 2042706
Teresa L. Cannon
From: Rodriguez, Wanda
Sent: Wednesday, December 10, 2014 3:50 PM
To: Teresa L. Cannon
Cc: Reischl, Fred
Subject: RE: Ad Confirmation
Looks good to me.
Wanda Rodriguez, .ACT
.Advanced Certr�ied Parategai
Office of the County Attorney
(239)252-8400
Original Message
From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Wednesday, December 10, 2014 3:38 PM
To: RodriguezWanda; ReischlFred
Subject: FW: Ad Confirmation
Please review
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Wednesday, December 10, 2014 3:09 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 12.19.14.
Thanks!
Carol
Carol Polidora 1 Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road 1 Naples, FL 34110
Thank you for placing your ad.
1
Teresa L. Cannon
From: Reischl, Fred
Sent: Thursday, December 11, 2014 9:34 AM
To: Rodriguez, Wanda; Teresa L. Cannon
Subject: RE: Ad Confirmation
Agreed. Looks good!
From: RodriguezWanda
Sent: Wednesday, December 10, 2014 3:50 PM
To: Teresa L. Cannon
Cc: ReischlFred
Subject: RE: Ad Confirmation
Looks good to me.
Wand Ro r%7uez, ACT
'J>
_Advanced Certified-Paralegal-
Office of the County.Attorney
(239)252-8400
Original Message
From: Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com]
Sent: Wednesday, December 10, 2014 3:38 PM
To: RodriguezWanda; ReischlFred
Subject: FW: Ad Confirmation
Please review
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Wednesday, December 10, 2014 3:09 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 12.19.14.
Thanks!
Carol
1
Teresa L. Cannon
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Thursday, December 11, 2014 2:55 PM
To: Teresa L. Cannon
Subject: RE: Ad Confirmation
Thanks Teresa! Released...
Carol Polidora I Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Original Message
From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Wednesday, December 10, 2014 4:54 PM
To: Polidora, Carol
Subject: RE: Ad Confirmation
Looks good, ok to run
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Wednesday, December 10, 2014 3:09 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 12.19.14.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
COLLIER COUNTY HEX
LAURA WELLS
2800 N HORSESHOE DR
NAPLES FL 34104
REFERENCE: 076397 4500154426
59760467 NOTICE OF PUBLIC HNOTICE OF MEETING LliditlEURIEill
NOTICE OF PUBLIC HEARING
State of Florida
Notice is hereby given that a public hearing will be held by the Collier County
Counties of Collier and Lee Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 8,2015,in the Hearing
Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,
Before the undersigned authority, pers FI34104,toconsider:
appeared Dan McDermott, says that he see PETITION NO. ZVL(CUD)-PL20140002310 - Nano Lube, Corp. requests affirmation of
a Zoning Verification Letter issued by the Planning and Zoning Department
Inside Sales Supervisor, of the Naples Z 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
a daily newspaper published at Naples, 1.comparable and compatible ini nature to other permitted uses in the Industrial (I)
Zoning District. The subject property is located south of J & C Boulevard, on the
County, Florida: distributed in Collier east side of Lee Ann Lane,in Section 11,Township 49 South,Range 25 East,Collier
County,Florida,consisting of 0.49'acres.
and Lee counties of Florida; that the at All interested parties are invited to appear and be heard. All materials used in
copy of advertising was published in sa] presentation before the Hearing Examiner will become a permanent part of the
newspaper on dates listed. Copies of staff report are available one week prior to the hearing. The file can be
Affiant further says that the said Na. reviewed at the Collier County Growth Management Division, 2800 North
Horseshoe Drive,Naples,FL.
News is a newspaper published at Naples The Hearing Examiner's decision becomes final on the date rendered. If a person
Collier County, Florida, and that the S. decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing,he will need a record
newspaper has heretofore been continuous of that proceeding, and for such purpose he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
day and has been entered as second clas evidence upon which the appeal is to be based.
matter at the post office in Naples, in 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
Collier County, Florida, for a period o of epa certain assistance. Please contact the Collier County Facilities Management
Department located at 3335 Tamiami Trail East, Suite #101, Naples, Florida
next preceding the first publication of 34112-5356,(239)252-8380,at least two days prior to the meeting.
attached copy of advertisement; and aff Mark Strain,
py r Chief Hearing Examiner
further says that he has neither paid n Collier County,Florida 1
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 12/19
AD SPACE: 82 LINE
FILED ON: 12/19/14
---7-\\1 .0
Signature of Affiant -4.- i ; +
e.....------ )Sworn to and Subscribed before me this day of it ��0 /`�
Personally known by me ]*. Q 411 _d■ -- - _ _ _ _
60�r , Notary Public State of Florida
Susan D Flora
14..4%. � My Commission FF 040250 •
OP Or Expires 07/28/2017
OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
TO: Minutes & Records, Clerk of Courts
FROM: Wanda Rodriguez, ACP /
DATE: January 13, 2015
RE: Hearing Examiner Decision(s) from January 8, 2015.
Attached is the signed HEX decision from the Hearing Examiner hearing on January 8,
2015.
Attachment: HEX No. 2015 - 01
[05-00A-01253/813782/1]744
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
NAPLES DAILY NEWS (( Friday, December 19,2014•
(( 21D
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 8,2015,in the Hearing
Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,
Fl 34104,to consider:
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 1 & C Boulevard, on the
east side of Lee Ann Lane, in Section 11,Township 49 South,Range 25 East,Collier
County,Florida,consisting of 0.494 acres.
All interested parties are invited to appear and be heard. All materials used in
presentation before the Hearing Examiner will become a permanent part of the
record.
Copies of staff report are available one week prior to the hearing. The file can be
reviewed at the Collier County Growth Management Division, 2800 North
Horseshoe Drive,Naples,FL.
The Hearing Examiner's decision becomes final on the date rendered. If a person
decides to appeal any decision made by the Collier County Hearing Examiner with
respect to any matter considered at such meeting or hearing,he will need a record
of that proceeding, and for such purpose he 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.
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, Florida
34112-5356,(239)252-8380,at least two days prior to the meeting.
Mark Strain,
Chief Hearing Examiner
Collier County,Florida
Decembpr19 2014 No.2042706