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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