Resolution 2013-138 RESOLUTION NO. 13- 13 8
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA AFFIRMING THAT
MANUFACTURING OF SMALL ARMS AND SMALL ARMS
AMMUNITION ARE COMPARABLE AND COMPATIBLE USES
WITHIN THE INDUSTRIAL DEVELOPMENT DESIGNATED
AREAS OF THE WHITE LAKE INDUSTRIAL CORPORATE PARK
PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION
3.2.A.36) OF ORDINANCE 01-59 AS AMENDED. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (Z L T R-
PL20130000495)
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development(PUD); and
WHEREAS,on October 23,2001 by Ordinance 01-59,the Board of County Commissioners of
Collier County approved a Planned Unit Development (PUD) known as the White Lake Industrial
Corporate Park Planned Unit Development for the subject property; and
WHEREAS, Section 3.2 of the White Lake Industrial Corporate Park Planned Unit
Development provides for certain permitted uses, including Subsection 3.2.A.36), "any other use
which is comparable in nature to the foregoing uses as determined by the Collier County Planning
Services Director"; and
WHEREAS, the Petitioner, Stephen N. Bender of Bender Shooting, LLC, requested a
determination as to the property described in Exhibit"A"that manufacturing of small arms and small
arms ammunition are comparable and compatible uses to the permitted uses of the industrial
development area of the PUD;and
WHEREAS, the Zoning Manager (successor to the Collier County Planning Services Director)
determined that "manufacturing of small amens and small aims ammunition"are permitted uses in the PUD by
Zoning Verification letter dated May 1,2013,attached as Exhibit"B";and
WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of
Zoning Appeals that manufacturing of small amens and small amens ammunition are comparable and
compatible uses within the industrial development designated area of the White Lake Industrial Corporate
Park PUD according to Section 3.2A36)of the PUD;and
White Lake Industrial Corporate Park 1 of 2
ZLTR-PL20130000495-5/09/13
CI`
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
the Board having considered granting the request by Stephen N. Bender of Bender Shooting,
LLC, as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY,FLORIDA,that as to the property descnbed in Exhibit"A":
The Zoning Verification letter dated May 1,2013 is affirmed;and manufacturing of small aims and
small anus ammunition are comparable and compatible uses within the industrial development designated
area of the White Lake Industrial Corporate Park PUD according to Section 3.2.A.36) of the PUD
provided the uses are within an enclosed building.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this 2S day of
U.,►lt_Q_ , 2013.
ATTEST: BOA' i •F ZONING AP 'ALS
DWIGHT E BRO K, CLERK COL E 0 - TY, F ORIDA
7 i
By: aktii, 7%I < By: ALA
-
Attest as S G ORGI 7A. HILLER, ESQ.
signature only; Chairwoman
Approved as to form and legal sufficiency:
`Cit O
2-
Heidi Ashton-Cicko ti
Managing Assistant County Attorney
Attachments: Exhibit A— Legal Description
Exhibit B—Zoning Verification Letter
13-CPS-01222\6
White Lake Industrial Corporate Park 2 of 2
ZLTR-PL20130000495-5/09/13
INSTR 4783185 OR 4872 PG 2110 RECORDED 1/3/2013 3:15 PM PAGES 3
DWI - E. BROCK, CLERK OF THE( ZUIT COURT, COLLIER COUNTY FLORIDA
Dr @.70 $700.00 REC $27.00
ONS $100,000.00
70000L0
1.)...:/, Prepared by and Return to:
Title Group Services,Ltd.
S.Renate Henry,VP
/0 13131 Univeoity Drive
U 4V) t Myles,Florida 33907
Our File Numbs C121134
For oMetal use by Clerk's office only
STATE OF ) SPECIAL,WARRANTY DEED,
COUNTY OF )
THIS INDENTURE,made this December.11,2012,between Fifth Third Bank,a foreign profit corporation,whose tilling
address is:10975 El Monte Suite 200,Leawood,Kansas 66211,party of the first part,and ZED holdings,LLC,'Florida Limited
Liability Company,whose mailing address is:3775 7th Ave NW,Naples,Florida 34120,party/parties of the second part,
WITNESSHTH:
First party,for and in consideration of the sum of TEN AND NO/100 DOLLARS(510.00)and other valuable considerations,
receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,align,remises,releases,conveys and confirms unto second
party/parties,his/her/their heirs and assigns,tie following described property,tewit
Condominium Units 101 through 11 Alt iv wig y, +ry tt A CONDOMINIUM,
together with an undivided int -. r4 •• .. V!'a...to the Declaration
of Condominium thereof • i e •. cial Record Book 377 _ ' ,as amended
from time to time,of the P li ords of Collier County,Flori,k
Subject however,to all co d, ondiU1 tatians,••- •and to all applicable zoning
ordinances and/and restrictions and• •hibi b
TOGETHER with all the -• •- !~',~ •• ywise appertaining.
TO HAVE AND TOH• s Use f, fees, �
AND the party of the fiat•art. ••••yens•• 111:„.117.Virg
• . aI,t - at' ly seized of said land in fa
simple:that it has good right and-- u yyfifij • the title to said land and
will defend the name against the o persons c ming by,r r. • r,ep ".„,,i; first part
IN WITNESS WHEREOF,, • s has signed and sealed these pre i • c set r• ` a -. .er 21,2012.
•
Signed,sated and delivered �t FifthTbi' ` \
in the presence of:
W 4 A 0-ler f- O� y,i ti,'� / lu �-
\ ; s; . / T l�'�` ,'tlriti Tl ?,7• aye r •
,ce Piees
P warns me
t y'l lU !'^tL
t `Ti y-lik?sO n
•
Print witness ,1 l
State of V.e.V1 1A• I
County of r--6GSOl1e—. •
THE FOREGOING INSTRUMENT was acloo•eie this a day of mba,2012 by C.Faye Jamison,Vice
President of Fifth Th.•Bank,who is persona to sie�s a4o has produced iOI as identification.
N a ' • fr
cZI
LIZfiBETH RAL EIGH
Notary Public,Kentucky
Print Notary Name State At Large
My Conuoission Expires: 1 I� ., My COft mission EXpires
L,t ^ " v 2.2013
Notary Seal 71.ik'..••
•DEED•Special Wanmay Dad•Cupaua
Exhibit A
Page_,.(_of I -
Coje-►-
CoHnty
Growth Management Division
Planning & Zoning Department
May 1, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7th Avenue NW
Naples, FL 34120
Re: Zoning Verification Letter ZLTR-PL20130000495; White Lake Industrial Corporate Park
PUD, Collier County, Florida.
Dear Mr. Bender:
Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit
Development (White Lake Industrial Corporate Park PUD), Ordinance No. 01-59.
You requested verification of the SIC Codes 3482 and 3484 in the subject PUD.
As explained in the letter of March 28, 2013 to you and signed by Ray Bellows, Planning
Manager, these uses are not permitted in the PUD. However, Section 3.2.A.36 of the PUD
states that "any other use which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director" may be considered a permitted
use.
SIC Code 3482 Manufacturing of Small Arms Ammunition and SIC Code 3484 Manufacturing of
Small Arms fall under Major Group 34 — Fabricated Metal Products, Except Machinery and
Transportation Equipment. The PUD permits this Major Group, but specifically excludes
Ordnance and Accessories and Miscellaneous Fabricated Metal Products.
Staff believes that the proposed uses of Manufacturing of Small Arms and Small Arms
Ammunition, when done within an enclosed building, are comparable in nature to the other uses
in the PUD which include other types of manufacturing
Staff's opinion, subject to affirmation by the BZA, is that the proposed uses of Manufacturing of
Small Arms and Small Arms Ammunition are comparable in nature to other manufacturing uses
when done within an enclosed structure in the PUD. Your request will be forwarded to the Board
of Zoning Appeals for affirmation of Staff's opinion. You will be apprised of the hearing date and
advertising fees as soon as possible. Please note that Staff's opinion is not binding on the BZA.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments 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 adequate public facilities, environmental impact, and other
requirements of the LDC or related ordinances.
,•..,
0 Exhibit B
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
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:
Fred R' ischl, AICP, Senior Planner Ram d V. Bellows,ellows, Zoning Manager
Planning &Zoning Planning & Zoning
cc: Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking
Exhibit B
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