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Ordinance 78-57 / ' (t)/" ,~ ~ O~IN~CE 78 - 5~ ~ AN ORDINANCE AMENDING ORDINANCE 76-30 THE / ~ COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DES- CRIBED PROPERTY FROM "RM-1A" SINGLE AND MULTIFAMILY TO "PUD" PLANNED UNIT DEVEL- OPMENT: LOTS 6-22 AND 29-~9, BLOCK 1, UNIT 1, NAPLES PARK SUBDIVISION, PLAT BOOK 4, PAGE 5, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. A. and Margaret Haynes, owners, petitioned the Board of County Commissioners to change the Zoning Classification 6f the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida~ SECTION ONE: The Zoning Classification of the hereinafter described real property in Collier County, Florida, is changed from "RM-1A" Single and Multi Family to "PUD" Planned Unit Development and is subject to all conditions hereinafter described, and the Official Zoning Atlas Map Number 48-25-8 as described in Ordinance 76-30 is hereby amended accordingly~ 008 ,,c 200 ( A PLANNED UNIT DEVELOPMENT DOCUMENT FOR A DRIVE-IN THEATER AND ENCLOSED MOVIE THEATER COMPLEX BY JAMES HAYNES August 3, 1978 INDEX Statement of Compliance .................. 3 Property Ownership and Description ............ 4 Development Plans and Regulations ............. 5 Site Plan ....................... ? . 8 STATEMENT OF COMPLIANCE The development of the 4 acre parcel as a Planned Unit Development shall comply with the planning and development objectives of Collier County as set forth in the Collier County Comprehensive Plan. The proposed usage is compatible with the existing area. The proposed usage will eliminate a non-conforming use on which the current drive-in has been operating. e The proposed usage will provide recreational areas within the total comprehensive plan of Collier County by providing a drive-in movie theater and other related theatrical exhibits. The project will comply with the rules in effect for traffic regulation. Se The project will bring about an upgrading of the existing facilities to meet the current zoning requirements and make the existing facilities more compatible with the surrounding area. The project will comply with all zoning and develop- mental standards in accordance with all applicable County rules, regulations and ordinances. I)08 ==203 PROPERTY OWNERSHIP AND DESCRIPTION LEGAL DESCRIPTION Ail of Lots 6 to 22, and 29 to 39, inclusive, Resubdiviston of Block 1, Naples Park,'Unit No. 1, according to plat in Plat Book 4, Page 5, Public Records of Collier County, Florida. TITLE TO PROPERTY The property is owned by D. A. Haynes and Margaret Haynes. PHYSICAL DESCRIPTION The area is approximately 4.00 acres, commencing 300 feet west of the Tamiami Trail spanning, that property between ll0th Avenue North and lllth Avenue North for 550 feet west (Lots 6 to 16 and 29 to 39, inclusive), and then continuing west along illth Avenue North an additional 300 feet and 114.22 feet deep to 8th Street North (being Lots 17 to 22, inclusive). The property is presently improved as a drive-in theater with space for 200 cars and individual microphone hookups. It also has a ticket booth stand and concession stand with projection room on top. The property is surrounded by a fence and shrub throughout. DEVELOPMENT PLANS AND REGULATIONS 1. Purpose. The purpose of this section is to set forth the plans and regulations for the development of the property as covered by this Planned Unit Development. 2 Site Development Plan. A Site Development Plan has been drawn ~hich shows the following: a. The title of the project b. The scale c. The boundaries d. The probable uses e. The location of all structures (1) The site plan attached is not being specifically approved as part of the P.U.D. document. Modifi- cations shall be approved at later dates upon the commencement of the improvements. 3. Utilities. Currently the subject property is being served by central County Water and Sewer Systems, Florida Power and Light, Cablevis~on and United Telephone Company. 4. Screen. The existing screen is presently located off the subject property and it is understood that said screen may be relocated to subject property. 5. Permitted Uses and Structures Subject to Site Development Per Approval by the Director. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for. other than the following: a. Permitted Uses and Structures. (1) Outdoor drive-in theater (2) Conventional indoor theater complex (3) Live theatrical complex (4) Flea Market (5) Concession stand (6) Tickat booth Permitted Accessory Uses and Structures. Any other use owner deems necessary to the principle uses and customarily associated with the uses permitted in this section. 6. Maximum Heights of Structures. Sixty (60) feet. Minimum Setback Requirements. Setbacks from'the property along7area~' exposed to residential property, to-wit: ll0th Avenue North running east and.west, shall be 25 feet from the property line; and from the property running along 8th Street North and lllth Avenue North. shall be 15 feet from the property line. 8. Minimum Off-Street Parking. Minimum off-street parking requirements shall comply with the applicable parking requirement at the time of issuance of any building or improvement permit. 9. Fencing. The entire area shall be surrounded by fencing and the buffering shall be made in compliance with drive-in specifications required regarding stacking lanes and will be done immediately upon approval of this document. 10. Landscaping.. Landscaping shall comply with the applicable landscaping requirements at the time of the issuance of any building or improvement permit. 11. Signp. Installation of any signs shall comply with the applicable sion requirements at the time of the issuance of any permit for the installation of a sign applicable thereto. 12. Additional General Requirements. a. Fencing shall be constructed as part of the initial improvement around the subject property. ~andscapin$ buffer shall be installed along all property lines as part of the Initial improvements and in compliance with the zoning buffering requirement. ~pecific lighting plans shall be presented and approved to the County prior to the installation and shall be designed so that lighting will cause no hazard to motorists in the area nor inconvenience to surrounding property owners. Access shall be as shown on the Site Development Plan ~ith entrance from the westerly edg~ of the lllth Avenue North portion of the property and exit from the middle of the lllth Avenue North portion of the property. However, all entrance and exit designations shall be made in conformance with the applicable .3: 008 County and State rules, regulations, ordinances and statutes in force at the time of the commence- ment of the improvements for access. I~provements related to drive-in theaters shall be made a part of the initial phase of improvement in accordance with the drive-in theater regulations as contained in the zoning ordinance of Collier C6unty, Florida. 008 SECTION TWO: This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: October 24, 1978 BOARD OF COUNTY CO~IISSIONERS COLLIER CgUNTY, FLORID_A. ATTEST: WILL~AM.J.. &u,.-.9 ~ ~ REAGAN, CL~R~.. .JOHN A. PISTOR,' CHAIRMAN Jud~6ial Circuit, Collier County, Florida, do hereby certify that the foregoing ~s a true original of ORDINANCE NO. 78-57 which was adopted by the Board of County Commissioners during Regular Session October 24, 1978. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of October, 197~ WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners , '~/., :. · · ' .. '"h:.~':'"','.~., . ,., DepUty Cle~k~ ., ,.,., ,,i.', .: .- This ordinance filed with the Secretary of State's Office t~e "'"':"7"'?". 30th Day of October, 1978 and acknowlegement of that filing received this 1st day of November, 19~. -~ % I OOK