HEX Transcript 01/08/2015 S January 8,2015 HEX Meeting
t:171; TRANSCRIPT OF THE MEETING OF THE
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\COLLIER COUNTY HEARING EXAMINER
`� Naples,Florida
January 8,2015
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LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of
Collier,having conducted business herein,met on this date at 9:00 a.m.,in SPECIAL SESSION at 2800 North
Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present:
HEARING EXAMINER MARK STRAIN
Also Present: Heidi Ashton-Cicko,Managing Assistant County Attorney
Ray Bellows,Zoning Manager
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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
January 8, 2015 HEX Meeting
EXHIBITS:
Petition ZVL(CUD)-PL20 1 400023 1 0 Nano Lube
A Staff Report Page 4
B Legal Advertisement, Page 4
PROCEEDINGS:
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,January 8th
meeting of the Collier County Hearing Examiner's Office.
If everybody would please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you. Some housekeeping matters. Individual speakers
will be limited to five minutes unless otherwise waived.
Decisions are finale unless appealed to the Board of County Commissioners.
And a decision will be rendered within 30 days.
Review of the agenda. We have one item on today's agenda. Is there anybody--there's nobody here
from the public for this issue so we will try to expedite the discussion.
There are no minutes from any prior meetings. And that takes us right into the first and only public
hearing for today. It's Petition No.ZVL(CUD)-PL20140002310,the Nano Lube Corporation. It's a
comparable compatible verification.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(All speakers were duly sworn.)
HEARING EXAMINER STRAIN: And disclosures on my part,I've talked with staff,I've talked
with the applicant,I've received a brochure and a CD Rom from the applicant talking about his product. I
attended the pre-app meeting,and I've also done extensive research with the SIC Code and the NAICS Code to
see if there are alternatives to what was going on today to possibly look and see if this use fit into some other
category,but it did not.
Exhibit A today will be the staff report,Exhibit B will be the legal advertisement.
Since there is no members of the public here,I know the applicant's representative is here,a
presentation is not necessary unless you want to add something for the record.
Bob,I have read the staff report thoroughly,so I don't need the presentation.
MR. MULHERE: For the record, Bob Mulhere here this morning on behalf of the applicant.
HEARING EXAMINER STRAIN: I had two questions from the package.
Your letter to staff indicated you were going to do no outside storage of your product.There are two
things. And the second one was the products will be delivered prepackaged in the warehouse until repackaged
and distributed to the end user or retailer.
MR. MULHERE: Correct.
HEARING EXAMINER STRAIN: I found the second one mostly addressed in the staff analysis,but
I did not find a limitation to no outside storage of the product. Do you have any objection if that's added as a--
MR.MULHERE: No. They don't have any objection to storage outside,because I think it would be
detrimental to the product.
HEARING EXAMINER S DRAIN: Yeah,I would think so too.
And this is no bulk material, it's strictly cased material?
MR.MULHERE: Yeah.
HEARING EXAMINER STRAIN: I don't have any other questions.
Is there any staff report or anything staff wants to contribute?
MR.REISCHL: Fred Reischl,Planning and Zoning.
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January 8,2015 HEX Meeting
I don't want to be repetitive,so I'll just say that staff recommends approval.
HEARING EXAMINER STRAIN: Do you have any objection for any conditions such as I just
discussed with Bob?
MR.REISCHL: Not at all.
HEARING EXAMINER STRAIN: Okay. With that,we will--well,there's no public here.
John Podczerwinsky,I noticed you just showed up. If you had something to say,you're more than
welcome to.
No. Shaking his head no.
With that,we'll close the public hearing.A decision will be sent to you within 30 days.
And that is the last thing and only thing on today's agenda. And with that,we will adjourn this
meeting. Thank you all.
**********************
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:03 a.m.
COLLIER COUNTY HEARING EXAMINER
{
MARK STRAIN, HEARING EXAMINER
ATTEST:
DWIGHT E. BROCK,CLERK
These minutes approved by the Hearing Examiner on ,2 - 1,2 - l as presented _ or
as corrected .
TRANSCRIPT PREPARED ON BEHALF OF
GREGORY COURT REPORTING SERVICE,INC.
BY CHERIE'NOTTINGHAM,COURT REPORTER AND NOTARY PUBLIC.
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