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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OF COLLIER COUNTY, FLORIDA that Ordinance 78-$7 as filed with the Secretary of State on October 30, 1978 is'hereby repealed and the following ordinance adopted: SECTION ONE: The Zoning Classification of the hereinafter described real property in Collier County, Florida, is changed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