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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