Resolution 1996-533
13A 1
RESOLUTION 96---2}3
... RESOLUTION PROVIDING FOR TIlE ESTABLISHMENT
OF ... CULTURAL F"'CILITY CONDITION"'L USE IN TIlE
....-MHO. ZONING DISTRICT PURSUANT TO SECTION
2.2.2.3.23 OF TIlE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 48 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORID....
WHEREAS, Pacific Land Co. (Pacific) and Vine Ripe Farms, Inc.
(Vine Ripe), are the predecessor in title and current record title
holder, respectively, of certain lands, comprised of 8.65 acres,
located at 9590 C. R. 858, in unincorporated Collier County, Florida.
Pacific and Vine Ripe were cited for alleged violations of certain
sections of the Collier County Land Development Code (LDC), including
failure to obtain a building permit with respect to residential
chickees existing on the subject parcel and being occupied by the
Traditional Seminoles; and
WHEREAS, the County did not name the Traditional Seminoles as a
party in said Code Enforcement Board (CEB) case, however the CEB ruled
that the Traditional SeminOles, as occupants of the subject land and
owners of the residential chickees had the full right to participate in
said CEB case. The Traditional Seminoles interest in said lands is
pursuant to a multigenerational agreement between principals of Pacific
and Vine Ripe which was for the first time memorialized in writing as
reflected in a 1987 land lease; and
WHEREAS, County maintained that the land owner, the Traditional
Seminoles and their chickees were subject to certain County zoning and
building regulations more particularly set forth in the LDC and the
County's technical building codes. Accordingly, County maintained it
has the authority, as well as the responsibility, to exercise its
police powers to protect the health, safety and welfare of the public
of Collier County which includes the Traditional Seminoles; and
WHEREAS, at all times material to the case, the Traditional
Seminoles maintained that, as an independent Indian Nation on land
which in Indian County as defined by 18 U.S.C. 1151(b), their chickees,
villages and cultural and religious lifestyle are not subject to the
jurisdiction of the CEB, its enforcement powers nor the regulatory
power of County; and
-1-
13A 1
WHEREAS, Danny Billie and other members of the Traditional
Seminoles sued the County in federal court, Case No. 96-224-CIV-FTM-17D
alleging certain constitutional claims as well as claims relating to
their status as an Independent Indian Nation; and
WHEREAS, the Court issued an Order with respect to the Billies'
Motion for Temporary Restraining Order Or In the Alternative Motion For
Preliminary Injunction with respect to the CEB case referenced herein.
said Order administratively closed the federal case until conclusion of
the referenced CEB case and encouraged the parties to pursue settlement
of both the federal and the CEB cases; and
WHEREAS, on September 3, 1996, the parties entered into an
Agreement to fully settle both cases; an~
WHEREAS, as part of said settlement the parties agreed that within
thirty (30) days of the execution of the Agreement, the County would
initiate appropriate application proceedings to obtain approval of a
cultural facility conditional use on the agriculturally zoned land
pursuant to Subsection 2.2.2.3.23 of the LDC which conditional use is
in the agriculturally zoned category; and
WHEREAS, the Legislature of the State of Florida in Chapter
66-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County 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 (Ordinance No. 91-102) which includes a Comprehensive
Zoning ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use -23"
of Section 2.2.2.3 in an "A-MHO" zone for a cultural facility on the
property hereinafter described, and has found as a matter of fact
-2-
13A l'
(Exhibit .A-) that satisfactory provision and arrangement have been
aade concerning all applicable matters required by said regulations and
in accordance with Subsection 2.7.4.4 of the Land Development Code for
the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, TIlEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Community Development , Environmental
services Division representing the Collier County Board of County
Cowaissioners, with respect to the property hereinafter described as:
Exhibit .B. which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "23" of Section
2.2.2.3, of the ....-MHO. zoning district for a cultural facility in
accordance with the Conceptual Master Plan (Exhibit .c.).
This conditional use shall continue until such time as the
Traditional Seminoles use of the subject land ends subject to Section
2.7.4.5.2 of the LDC.
The Traditional Seminoles shall not be required to obtain County
peraits with respect to their use and occupancy of the lands described
in Exhibit .B. as long as their continued use and occupancy remains
unchanged or essentially in the same or similar nature as presently
existing.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutes of this Board.
Thi. Resolution adopted after motion, second and majority vote.
Done this
dh
day of ~~.~ , 1996.
BOARD OF ZONING "'PPEALS
COLLIER~OUNTY' IDA
13A 1
, p'"
.I,\""r,':
....J.f1i-s.; i
DltIGIrr E.
~ ""{ .
-;;,
BRocK',: . .c::LERJ(
.. Q/~
AS TO :tORM AND
, SQFFICIENCY:
'l~.~~~>,,.,. _:~,.. ~,." \......
<~('r'..."f., ",.
", .. ..... ""W. II. . .J
'.~ . ./,,~~
E M. BMENT
ASSISTANT COUNTY "'TTORNEY
CU-96-20 RESOLUTION/18493
13A 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-20
The following facts are found:
I. section 2.2.2.3.(23) of the Land Devlopment Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land DevelopDent Code and
Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval
DATE:
CHAIRMAN :
FINDING OF FACT CHAIRMAN/18497
EXHIBIT . A.
13A l'
IB:iAL DESCRIPl'IOO
~.~'" ..
~\
!(..
iI
:7".
"
Commencing althe SoolhC:lstcomcrofScction 14 go NO!1h 840 13' 59" WCSl3
distance ot392.43'to point ofbc~iMin8. Then~ go South 88026' SO" West a
distance of 698. 78', thencc go North 330 25' 38- East a distance of 276.49',
thence go NOt1h 160 II' 29" East a distance of303.94', thence go North 37" 19'
21" Easta disl:lncc 0(375.52', thence go NOr1h 180 10' 07" Ca:.'l8 distance 39.59',
thence 80 Soulh 48049' 57" Ea.'!l a distance 0(274.96',1hcncc: go SoutlJ 0 I. OS'
17" West. dUrance of629.57', 10 poinl of beginning, al1lying within Section [4,
Township 48 South, Range 29 Eut
:~:
~: '.
ili<"
i~.
'-{'
t
~''i
.'.........
~.
1;'.
"..;.
-ii.
~'
".
;~.~
.,
!:i"
ElCHISIT "S"
1~;
!..'
;.
':./'
''i'
. ~.
. ~..,
';.-^'
l-
1..,;
,
'.
,
,-..
,
,
,
aN:EP1UAL MASTER PLAN
13A 1 ~
N .....
(.r ~
EXHIBIT -c-
.....
u
I