Ordinance 78-85 ORDINANCE NO. 78-_ 85
AN ORDINANCE REPEALING ORDINANCE 78-57 TO COI~%ECT CERTAIN
ADMINISTRATIVE ERRORS; ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED PROPERTY FROM "RM-1A" SINGLE AND MULTIFAMILY TO
"PUD" PLANNED UNIT DEVELOPMENT: LOTS 6-22 AND 29-39, BLOCK
1, UNIT 1, NAPLES PARK SUBDIVISION, PLAT BOOK 4, PAGE 5;
AND TO PROVIDE FOR AN EMERGENCY AND AN EFFECTIVE DATE.
WHEREAS, Ordinance 78-57 was duly adopted b~ the Collier Count),
Board of County Commissioners on October 24, 1978; and
WKEREAS, the doc~nents that were sent to the Secretary of
State in Tallahassee were not in agreement with the ordinance as
adopted by the Board of County Co~nissioners; and
WHEREAS, the Collier County Board of County Co~xnissionera is
desirous of rectifying the situation;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY C0~IS-
SIONERS OF COLLIER COUNTY, FLORIDA that Ordinance 78-$7 as filed
with the Secretary of State on October 30, 1978 is'hereby repealed
and the following ordinance adopted:
SECTION ONE:
The Zoning Classification of the hereinafter described real
property in Collier County, Florida, is changed from "RH-1A"
Single and Multi-Fan~tly to "PUD" Planned'Unit Development and
is subject to all conditions hereinafter described, and the
Official Zoning Atlas Hap Number 48-25-8 as described in Ordinance
76-30 is hereby amended accordingly;
,--. "'fl
A PLANNED UNXT DEVELOPMENT DOCUMENT
' FOR
A DRIVE-IN THEATER "
BY JAMES HAYNES
October 4, 1978
~NDEX
l;tatement of Compl~anoe ............ ;
Property Owner.ship and Des=r~pt~on ....... , ~ .... 4
Development Plang and Regulations.'. .
-2-
STATEMENT OF COMPLIANCE
The devel?pment of the 4 acre parcel as a Planned Unit
Development shall comply with the planning a~d development
ob~ectives o£ Collier County as set forth in the Collier County
Comprehensive Plan.
.1. The.proposeS usage will eliminate a non-conform~n~
.use on which the current drive-in has been operating.
2. The proposed usage will provide recreational areas
within the total comprehensive plan of Collier County
by providing a drl%e-inmovie theater. '
3. The project wiil comply with.'the rules An e~fect for
traffic regulation.
4. The project will bring about an UPgrading of the
existing facilities to meet t~e current zoning
~equirements and make the existing facilities more
'c0mpatible with the surrounding area.
5. The proJact'w111 comply with all zoning and d~velo~-
mental standards An accordance with all applicable
County ru.les,' regulations ~n~ ordinances.
PROPERTY.OWNERSHIP AND DESCRIPTION
LEGAL DESCRIPTION
All of Lots 6 to 22, and 29 to 39, ~nclus~ve, Resubd~v~s~on
of Block 1, Naples Park, Unit No. 1, according to plat An Plat
Book 4, Page 5, Public Records of Collier COunty, Florida.
TITLE TO PROPERTY
The property ~s owned by D.A. Haynes and Margaret Haynes.
PHYSICAL DESCRIPTION
The area As 'approximately 4.0~ acres, commenc~n~ 300 feet
west of'the Tam~am~ Tra~l spanning that property between 110th
Avenue North and 111th Avenue North for 550 feet west (Lots 6 to
16 and 29 to 39, ~nclus~ve)~ and. thin cgnt~nu~ng wes~ along
111th AVenue North an .addit~qnal 300 feet and 114.22 feet deep
to 8th Street North (being Lots 17 to 22, ~nclus~ve).
The'property As presently ~mproved a"'a drive-in theater
w~th space for 200 cars and ~nd~v~dual m~crophone hookups. It
als0 has a t~c~et booth stand and concession sta,d wL~h
.'project,on room on top. "
-4-
DEVELOPMENTS .PLANSAND. RE. GULATION~
1. purpose. The purpose of thKs sectKon is to set forth
the plans and regulations for the development o£ the property as.
covered by this Planned Unit Development. ..
. 2. Site Developmen't Plan. A SKte Development Plan has been'
drawn which Shows the following=' ·
The title o£ the project
The scale '
· The boundaries
The probable use
T~e location of all structures
(1) ~he site plan attached Ks only a schematKo
plan. ' A detailed site plan for all Kmprove-
manta shall be submitted for review and
' ' approval.by all concerned County departments
prior to the commencement of any construction,
· improvements or alta alterations.
3. Utlli~t'ee. Currently the subject property is being served
by Central' County Water and Sewer Systems, .Florida Power and Light,
Cablevtsion and United Telephone Company.
4. Screen. The existing screen Ks presentl'y located off the
subject.property, and it Ks understood that said screen may be
relocated to subject property.
.' 5". ' P~rmit~ed Uses and Structures ~ub'~'e'ct to Site Deve. l~p~ent
Per ~pprov41 by 'th&'" D'irec~tor. No building or structure, or part
~hereof, shall be erected, ~ltered or used, or land or wate~ used,
in whole or in par.t, for other than the following= .~
a. Pe itted P : ncl al Us e and St ctu 'es. "' '"-,
"' '' .(2) Flea market (14:I.11 operate during weekends only)..
" b. Permi'tted 'Acoessor~ Uses .and Structures. ' .'
(1) AccessorM'Uses and structures customarily
associated with the permitted principal uses
and structurcs as deemed compatible and necess, ary .
by the Zoning Director.. ' ' '
(2) Concession stand
(3) Ticket Booth
~. .... 6.. Maxtmum Hei~ht of Principal' Structures. Drive-in theater
'~' screen - 6~ feet~ other princi~al Str~tUres '35 feet~
7. MinimumSetba'ck Requirements; :
The'~rive-in theater screen - 15 feet from abutting
property l~nes '
b. All other principal structures shall be set back a
~nimumof 25 feet from th~ property line.
c. D~sta~ce between principal ~tructures ~- 1/2'the s~tm
of their heights. ...
No parking spaces shall,be ailowea An the required
setback areas.
8.' .Ntn~mumOff-Stree~ Parking. M~nimum'off-stree~ parking
re~uirements sh'a'll Com~ly"wi~h the applicable parking requireme.ts
at the time of issuance'of any build£ng or improvement permit.
~'"~"~"." ~. ~en~in~. A continuous fence shall be ~nstalled along the
outer property line in compliance with t~e applicable zoning '
regulations. .. .
.. '10. 'Bu'ffertn~ and ~an~scaping. A continuous landscaped buffer
shall be~i~stalled along the PUD outer property lines in compliance
with the landscapes buffer area requirement of the Zoning Or~inance.
11. S/__~q_~_. Installation of any signs shall comply with the
applicable s-~l~H ~equirements at the tame of the ~ssuance of any
permit for the il.stallation of a sign applicable thereto. '.
:12. ~ditiona'l '~e~eraT,.,~uire~e~s.
.. a. '~peut'fic lighting plans shall be presented and
approved to the County prior to the installat~on and '
shall be ~estgned so that lighting w111 cause no .~.. ',"':" '
,hazard to ~otorists in the.area nor inconvenience to
surroun~ing property ovmers .... ,?!.
Access shall be pr0vtde~.tn compliance with all' ..... '.
ap~l£ca~le regulations aba in accordance with the
approved site plan. ".
~ntrance to the ~r~ve-tn ~heater Shall be pr0~t~ea'
Ail required improveme~ts such as, but .not limited
to buffer~, fences, access impro.vements, stacking
lanes.., etc., shall be executed immediately upom
approval of this document.
· 13. Should a.structure be built on Lots 3, 4, 5, 40, 41 and 42
of Block 1, Naples Park, Unit No. 1, according to plat in Plat
Book 4, Page 5, Public Records of Collier County, Florida, the
owner of the drive-in shall be permitted to utilize Lots 6, 7, 38
and 39 for parking to accompany said structure, subject to site .
plan approval.
SECTION TWO: · .
The foregoing Ordinan6e is be'lng .adopted solely, to rectify an
. adm!nist.rative error caQsed ~hen .the wrong document was sent to the
· Se..cretary. of State· of the State of Florida ~gr purposes 'of filing.
The adopte'd Ordinance wi.ll caus6 Ordinance 78-57 to c'onform to the
? Ordtn.ance as adopt.ed by the Board''of Cou.nty Commissioners of Colkier
" County, on October 24, 1978 and does not in any way constitute new or
additional matter, '
'.SECTION' THREE! ' Emer'~ency Ena6tment of Or'dinA~ce.
... of cowry co 'sio ers at its' Ueeti hss
· ~aived al~ 'notice requirements of the 'Florida Statu~es by at least
4~$~hs ~ote ~o~ ~t~ me~bership'.' ~t has found that an emergency 'exists
,i.· and tha~ immediate enactment ~f thi~ Ordinance i~ necessary.
· , .. ~ 'Thfs"Ord£na'n~e' shall take. e£f~ct upon b.~ing 'aece. pted by the
'..POs.~al Authorities 'of the gov~.n~'ent of the United States for special
de.Ii.very..by registered mail to the Depa~tme~n~ of State.
~SED AND DULY;ADOPTED Chis igth ~ay of December, 1~78.
~TATE OF FLORIDA )
COUNTY OF COL~ER )
I, ~ILLIAMJ. REAGAN, Clerk of Courts in and for tha Twentiet~
Judicial Circuit, Collier County, Florida, do hereby certify that
the foregoing is a true original of~
'ORDINANCE NO. 7~S
which was adopted by the Board of County Conun~ssioners during
Regular Session ~19 , 1978.
~TNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this l~th day of
...... ~ .. , 1978.
~T/LLL~3. ILEACAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners