Backup Documents 06/25/2013 Item #17D COLLIER COUNTY FLORIDA 17 13 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
June 25, 2013
• ZLTR-20130000495
To:Clerk to the Board: Please place the following as a: White Lake Industrial Park PUD
x Normal legal Advertisement Other:
(Display Adv., Location,etc.)
Originating Dept/Div: GMD/Planning&Zoning Person: Fred Reischl, Senior Planner
Date:May 24,2013
Petition No.(If none,give a brief description):ZLTR-PL20130000495
Petitioner: (Name&Address):Stephen M. Bender;Zed Holdings, LLC;3775 7`"Avenue NW;Naples,FL 34120
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before BCC X BZA Other
Requested Hearing date:06/25/2013 (Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: (Complete only if important):
xxx Naples Daily News Account#068779 Other Legally Required
Purchase Order No.4500140024
Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:
Date:
Division Administrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County
Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
B. FOR CLERK'S FILE
Date Received 5 2 Date of Public Hearing Date Advertised
NOTICE OF PUBLIC HEARING 17
Notice is hereby given that on Tuesday,June 25, 2013 in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA)will consider the
enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Resolution is as
follows:
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.
(ZLTR-PL20130000495)
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board 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 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, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk(SEAL)
170
RESOLUTION NO.13-
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 aims 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 arms and small arms 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;and
White Lake Industrial Corporate Park 1 of 2
ZLTR-PL20130000495 -5/09/13
170
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
COWER TER COUNTY,FLORIDA,that as to the property described in Exhibit"A":
The Zoning Verification letter dated May 1,2013 is affirmed;and manufacturing of small amens and
small arms 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 day of
, 2013.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk GEORGIA A. HILLER,ESQ.
Chairwoman
Approved as to form,and s: in ncy:
bithi
Heidi Asbt'oii.Ci
Managing Assistant County Attorney
Attachments: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter
13CPS-01222\6
White Lake Industrial Corporate Park 2 of 2
ZLTR-PL20130000495-5/09/13
i
INSTR 4783185 OR 4872 PG 2110 RECORDED 1/3/2013 3:15 PM PAGES 3
DWI E. BROOK, CLERK OF THE _UIT COURT, COLLIER COUNTY FLORIDA
22@.70 $700.00 REC $27.00 D
ONS $100,000.00 1. 7
(0-9) (:)(4-°L° •
(1 ' i, Pite pared
Group and Res. d.Vim/` Title Group Sanim.Led.
S.Renee Henry,VP
. 0 13131 University Drive
/-1 '/Vl Ft Myers,umdda 33907
Our File Number:C121134
Fo official '. er e.11
STATE OF ) COECIAI WARRANTY DEED
COUNTY OF )
THIS INDENTURE,made this December AL 2012,between Fifth Third Bank.a foreign Foltt emPoRlio°'"we vain
Kansas 66211,petty of the fait part,and7FD Holdings,LLC,aFlonda Limited
addttat is 10975 El Monte sihngad,Leawood, es of the second put.
Liability Company,whose mailing address is 3713 7th Ave NW,Naples,Florida 34120,pasty/parties
Eitti?S S F.T H:
First party,
for and in consideration of the sum of TEN AND NO/100 DOf1ARS(S10.00)and other valuable considerations,
receipt whereof is berths,seknowledged.does hereby grant.lrargal0.sell,alien,remises,releases,conveys and eonfirtns recto second
parry•/parties,hislher/their heirs and assigns,the following described property,towit
a u A CONDOMINIUM,
together an undivided through t' 'lag _y P, ,.,,_totheDeclaration
together With an undivided int.:: . "'►�' ,as amended
of Condominium thereof • ■∎- $, ehial Record Book 3:
from time to time,of the' '-ords of Collier County,FI• '•"
auditions, ••ms,... .and to ill applicable zoning
Subject,hovlswer,m all-, b
ordinances and/and restrictions and• •. 14 p- ,� �i'V,-.1 ywise apptNlning.•TOGET ER with all the "f her ,,,le TO HAVE AND TO H e + A aittd of said Wnd nr fa ANT)the party of the fast• �• '.•vem., wi ..° - hat y the etle to sdld land i and
that has right sad first
simple:ll d end good against o I persons c • by.,—`, • ° .k past
will defend the same S WHEREOF,the • e set r. ,. . r' --. •-21,2012.
IN WITNESS WFER[ipR.C.A.�,has signed and sealed these pre � •, �
Signed,sealed and delivered
FifthTO•: •
in the presence of. v-
,` �, e 4 oar _ . ; _;�' lu •
p • ' n1 '�C iv Preis r'„ ..
P' witaeas me
'i/I 1 ` . .YK;Of
Print witness
•
Stale of tel [h`Cp C-
�
County of e--60401 1e—•
da o[��m.2012 by C.Faye Jamison,Vice
THE FOREGOING •Bank,who was a nown e1 mfAt� e�dl haPod� yUJYM .s identification.
President of Firth TV•Bank,wfio b penppa lmown�o .
l •
1.0.11%'r O. '_Lis
��� AL�wi < ,Li7ABETH RALEIGH
i1 ` c Notary Pubtic,Kentucky •
Piit Noisy Name State At Large
v Il .. My Commission Expires
My Commission Expires: (� •wffora&` ^^6ralArV 2:2013
•Notary Seal s-. ,_;
DEED•Special Warm/Deed.Corporate
Exhibit A
Palle, of_,_,l_ -
17
D
count
co y
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
Staffs 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 Staffs opinion. You will be apprised of the hearing date and
advertising fees as soon as possible. Please note that Staffs 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.
Exhibit B
Page .,of a--
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
i
170
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:
" r2
(:-_ ' ..e-_—,...— • ' / ?/:. ievi
Fred ischl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager
Planning &Zoning Planning & Zoning
cc: Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking
Exhibit B
Page j2i.of.a..
170
Acct. #068779
May 24, 2012
Attn: Legals
Naples New Media Group
1100 Immokalee Rd.
Naples, Florida 34110
Re: ZTLR-PL20130000495 — White Lake Industrial Corp. Park
Dear Legals:
Please advertise the above referenced notice on Wednesday, June 5, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500140024
171]
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 25, 2013, in the Board
of County Commissioners meeting room, Third Floor, Collier Government
Center, 3299 East Tamiami Trail, Naples FL. , the Board of Zoning
Appeals (BZA) will consider the enactment of a Resolution. The
meeting will commence at 9: 00 A.M. The title of the proposed
Resolution is as follows :
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. (ZLTR-PL20130000495)
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County manager prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of any individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board 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 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
1713
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-
8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office .
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ. , CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
County of Collier 17 0
CLERK OF THE)CIRUIT COURT
Dwight E. Brock COLLIER COUI1i, 'Y COURTHOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 1021 + P.O. BOX 413044 Accountant
NAPLES, FLORIDA I NAPLES, FLORIDA Auditor
34112-5324 i 34101-3044 Custodian of County Funds
May 28, 2013
Zed Holdings, LLC
Attn: Stephen M. Bender
3775 7th Avenue NW
Naples, Florida 34120
Re: Notice of Public Hearing to consider Petition
ZLTR-20130000495, White Lake Industrial Corp. Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, June 25, 2013, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, June 5, 2013.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
fir
Martha Vergara, Dep • erk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
170
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, May 28, 2013 11:33 AM
To: Naples Daily News Legals
Subject: ZLTR-20130000495 -White Lake Industrial Park PUD
Attachments: ZLTR-PL20130000495 (White Lakes Indust. Pk. 6-25-13).doc;ZLTR-PL20130000495
(White Lake Indust. Park 6-25-13).doc
Legals,
Please advertise the following attached ad Wednesday,June 5, 2013.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(a,collierclerk.com
1
Martha S. Vergara 17 D
From: Legals NDN <legals @naplesnews.com>
To: Martha S.Vergara
Sent: Tuesday, May 28, 2013 12:15 PM
Subject: Read:ZLTR-20130000495 -White Lake Industrial Park PUD
Your message
To:
Subject: ZLTR-20130000495 -White Lake Industrial Park PUD
Sent: Tuesday, May 28, 2013 12:15:16 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Tuesday, May 28, 2013 12:15:07 PM (UTC-05:00) Eastern Time (US & Canada).
1
ivv i i�a ur rvouL lit/Anima
Notice is hereby given that on Tuesday, June 25,2013, in the Board of County Corn-
missioners meeting room,Third Floor, Collier Government Center, 3299 East Tamie-
ni Trail,Naples FL..the Board of Zoning Appeals(BZA)will consider the enactment
of a Resolution. The meeting will commence at 9:00 A.M.The title of the proposed
Resolution is as follows:
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 3.2A36) OF
ORDINANCE 01 59 AS AMENDED,THE SUBJECT PROPERTY IS LOCATED IN SECTION
35,TOWNSHIP 49 SOUTH. RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
(ZLTR PL2013(>000495)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE, All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged if recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item
(Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing in any case,written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal k based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled,at no cost to you,to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment,located at 3335 Tarniami Trail East, Suite kt0T,Naples. FL 3,1112-5356. (239)
252-83813, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA.A. HILLER,ESC).,CHAIRWOMAN
DWIGHTE BROCK,CLERK
By Martha Vergara,Deputy Clerk
(SEAL)
Itartac �n1a ni,-� loorna
i
Naples Daily News 1 7 D
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
BCC/ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE : 068779 4500140024 NOTICE OF PUBLIC HEARING
59721044 NOTICE OF PUBLIC H Notice is hereby given that on Tuesday,June 25,2013,in the Board of County Com-
missioners meeting room,Third Floor,Collier Government Center,3299 East T am'Trail,Naples FL,the Board of Zoning Appeals(BZA)will consider the enactment
of a Resolution.The meeting will commence at 9:00 A.M.The title of the proposed
State of Florida Resolution is as follows:
Counties Of Collier and Lee A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLUER COUNTY,
FLORIDA,AFFIRMING THAT MANUFACTURING OF SMALL ARMS AND SMALL ARMS
Before the undersigned authority, pers
AAMMUNMON ARE COMPARABLE AND COMPATIBLE USES WITHIN THE INDUSTRI-
DEVELitag DESIGNATED AREA5 OP THE WHITE E LAKE INDUSTRIAL CORPORATES
appeared Amy Davidson, says that she Ser PARK PLANNED UNfT DEVELO►MENT AS AUTHORIp�E�DT vIN SEClfDN 3.236)OF
Inside Sales Supervisor, o f the Naples e s ORDINANCE 01-59 AS AMENDEit.THE SMUT PROPIV ISLOCATE IN SECTION
P 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COWER COUNTY,FLORIDA.
a daily newspaper published at Naples, i (zLTR-PL2o130000495)
County, Florida: distributed in Collier A copy of the proposed Resolution is on file with the Clerk to the Board and is
y r available for inspection.All interested parties are invited to att end and be heard.
and Lee counties of Florida; that the at NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of thewer nda item to be addressed.
copy of advertising was published in Sal Individual speakers will be limited to 3 minutes y item. The selection of any
individual to speak nn behalf o an organization or group is encouraged. It recbg
newspaper on dates listed. 'nized by the Chairman,a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Affiant further says that the said Nab
Persons wishing to have writtel or graphic materials included in the Board agenda
News is a newspaper published at Naples, packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case,written materials intended to bei considered by the
Collier County, Florida, and that the Sc Board shall be submitted to th�appropriate County staff a minimum of seven days
prior to the public hearing.A materials used in presentations before the Board
newspaper has heretofore been continuous will becomeapermanentpartoftnerecord
day and has been entered as second class Any person who decides to appeal any decision of the Board will need a record.of
the proceedings pertaining thetto and therefore,may need to ensure that a ver-
batim at the post office 1 n Naples, in batim record of the proceeding;is made,which record includes the testimony and
evidence upon which the appeals based.
Collier County, Florida, for a period of
If you are a person with a disability who needs any accommodation in order to par'
next preceding the first publication of ticrpate in this proceeding,yop are entitled,at no cost td you,to the provision of
certain assistance. Please coNact the Collier County facilities Management Depart-
attached copy of advertisement; and a f f] ment, located at 3335?amiani Trail East Suite M101, Naples,FL 34,12-5356,(239)
252 8380,at lean two days prior to'ther meeting. Assisted listeningg devices for the
further says that he has neither paid nc hearing impairedareavailablfrntheBoardofCoun,yCommissionersOflice.
romised an erson firm or cor oration BOARDOFCOUNTYCOMMI951ONERS
P y P � corporatior OF ZONING APPEALp
discount, rebate, commission or refund i COLLIER COUNTY,FLORIDA
purpose of securing this advertisement • GEORGIAA.HILLER,ESQ,CHAIRWOMAN.
publication in the said newspaper. DWIGHT E.BROCK,CLERK.
By:Martha Vergara,Deputy Clerk -
(SEAL)
PUBLISHED ON: 06/05 June5 7013 No 1991043
AD SPACE: 86 LINE
FILED ON: 06/05/13
/
Signature of Affiant / 0,4.,1
1
Sworn to and Subscribed b ore me A 4 day of Lhr - 20 /i
Jr
Personally known by me �./vV' �(Y i ; ‘ 4
I 4":V;!:;,,, t,ARCE PtiLlDOr1A . .._. _�.
i:,; t� M' !✓4[�l IIlc3lON E 1 ,5o
li . C XPI R- N1v li LI 25,20 i=1
1
Ber ded Thru Pith rd Insurance Ac=r.y
ORIGINAL DOCUMENTS CHECKLIST & ROUTING s4P7 Q
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the doc>ment is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
NAL (sbs/)3
4. BCC Office Board of County
Commissioners ( 1-f�t /) (
5. Minutes and Records Clerk of Court's Office
AT ( W13
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Fred Reischl,Pla ing&Zoning Phone Number 252-4211
Contact/ Department
Agenda Date Item was June 25,2013 Agenda Item Number 17.D
Approved by the BCC
Type of Document Resolution ? �`j Number of Original 1
Attached �I? r'3 0 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? FR
2. Does the document need to be sent to another agency for additional signatures? If yes, FR
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be FR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's FR
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the FR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip FR
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/25/13 (enter date)and all changes FR
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for th- ���j�-�
-�
Chairman's signature. I
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 124.15;Revised 11/30/12
170
MEMORANDUM
Date: July 3, 2013
To: Fred Reischl, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2013-138: Affirming manufacturing small arms and
small arms ammunition manufacturing are a comparable and
compatible land-use within industrial designated areas of the White
Lake Industrial Corporate Park PUD Ordinance 2001-59, as amended
(ZLTR-PL20130000495)
Attached for your records is a copy of the resolution referenced above, (Item #17D)
adopted by the Board of County Commissioners on Tuesday, June 25, 2013.
The Minutes and Record's Department has held the original document for the Board's
Official Record.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment
170
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 arms and small arms 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 arms and small arms 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;and
White Lake Industrial Corporate Park 1 of 2
ZLTR-PL20130000495-5/09/13
GP
170 4
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 described in Exhibit"A":
The Zoning Verification letter dated May 1,2013 is affirmed;and manufacturing of small amens and
small amts 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 acik day of
)1/411.1LI'LL , 2013.
ATTEST: BOA' •F ZONING AP a ALS
DWIGHT.E. BROCK, CLERK COL E' 0 - TY, F ORIDA
By: �. ._ "�•� "� By: � 4
G
ORGI 7 A. HILLER, ESQ.
Attest .s, S Chairwoman
signature only:`
Approved as to form and legal sufficiency:
0,6t, Clo
7-
Heidi Ashton-Cicko 0
Managing Assistant County Attorney
Attachments: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter ' Item# f p
Date r_,'�-IS
Date VI
1
13-CPS-01222\6
Date (p
ec'd
Deputy a u_
White Lake Industrial Corporate Park 2 of 2
ZLTR-PL20130000495 -5/09/13
GP
i
INSTR 4783185 OR 4872 PG 211P RECORDED 1/3/2013 3:15 PM PAGES 3
DWI T E. BROCK, CLERK OF THE( :UIT COURT, COLLIER COUNTY FLORIDA ( D
Dr @.70 $700.00 REC $27.00
ONS $100,000.00 17
709) 0 D -
Prepared by and Return to:
'
I Title Group Services,Ltd
S.Renee Henry,VP
fQ 1 3131 ers, y Drive
l
Our Myers,Florida um Number: 1211
Our File Number:C121 l34
For official use by Clerk's office only
STATE OF ) SPECIAL,WARRANTY DEED
COUNTY OF )
THIS INDENTURE,made this December�.1,2012,between Fifth Third Hank,a foreign profit corporation.whose mailing
address is:10975 El Monte Suite 200,Leawood,Kansas 6621 t,patty of the first part,and ZED Holdings,LLC,a Florida Limited
Liability Company,whose mailing address is:3775 7th Ave NW,Naples,Florida 34120,party/parties of the second part,
WITNESSETH:
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,aliens,remises,releases,conveys and confirms unto second
party/parties,his/her/their heirs and assigns,the following described property,towit:
Condominium Units 101 through 10 r ,IC,y, rte t A CONDOMINIUM,
together with an undivided int •• • .I► !'','.•:to the Declaration
of Condominium thereof - . i e •` vial Record Book a t ' ,as amended
from time to time,of the ' Li orris of Collier County,Flori..
Subject,however,to all co . ..rats, onditio s, - Cations, emcn•and to all applicable zoning
ordinances and/and restrictions and. •hibi •b -
'! Vg.r in ywise appertaining.
TOGETHER with all the!-.emen t p•• r
TO HAVE AND TO HO a the I- fee at..le o er. IF
AND the party of the fast•art h ..vein, adth saJd. •+1.11 sec° • i la• By seized of said land in fee
simple:that it has good right and .u t•I nd a{n • r •:that its nts the title to said land and
will defend the same against the I o a persons c arming by, .r.'7",„..or u .'- t•a p &,a first part
IN WITNESS WHEREOF, •• s bas signed and sealed these pr at the•-c set . ,, e amber21,2012.
Signed,scaled and delivered ''''P
Fifth Thi';~
in the presence of:
i n 1t '4 aye .e■son
Pyp' ;Wt‘me
Pn
nA SO n
Print witness ante�,1 �[�j
State of L VlI L`-"' 1
County of rle.,..
THE FOREGOING INSTRUMENT was ackno. e this L day of Decembr,2012 by C.Faye Jamison,Vice
President of Fifth lh'.Bank,who is persona known to In nyvrho has produced .1144 as identification.
N - —
c . c+ t L ti ,LIZASETH RALEIGH
ar • ` Notary Public,Kentucky
Free NoIssy Name e) State At Large
�}1� v /!' 4�• MV Commission Expires
My Commission Expires: �
� ' rn
�'Ot' rF 0 �.
f
r-..4..„.,av 2.2013
Notary Seal , it jr l.-r
'a�+. ? / i.y'
-• ,`,ms!
DEED-Special Waneary Deed-Corpont.
Exhibit A
Page...1.of I -
R
1711
.. Itl" covi.s-t-t
y
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.
Exhibit B
c_ate"_f
Planning&Zoning Department•2800 North Horseshoe Drive• Naples,FL 34104•239-252-2400•www.colliergov.net
0,0
170
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 - ischl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager -
Planning &Zoning Planning & Zoning
cc: Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking
Exhibit B
Page oZ of