Agenda 02/09/2010 Item #16K9
Agenda Item No. 16K9
February 9, 2010
Page 1 of 31
EXECUTIVE SUMMARY
Request to review a proposed amendment to the Collier County Noise Control Ordinance,
which would specifically exempt noise resulting from permitted motor racing events at the
Swamp Buggy Recreation and Sports Park, and if acceptable, direct the County Attorney
to prepare and advertise an amending ordinance.
OBJECTIVE: To respond to a Public Petition request by Randy Johns for an exemption from
the County's current noise ordinance racing events at the Swamp Buggy Grounds and Sports
Park by proposing an amendment to the Collier County Noise Ordinance.
CONSIDERATIONS: At the Board's October 27, 2009 regular meeting, Randy Johns
presented a Public Petition on behalf of Swamp Buggy Board, Inc. (Item 6-D), in which he
requested an exemption from the County's current noise ordinance as it relates to the Swamp
Buggy Grounds and Sports Park. Mr. Johns reminded the Commission how 25 years earlier,
surrounding development compelled the Swamp Buggy Grounds to relocate from Radio Road to
its current location. Mr. Johns, noting development interest in land near the park, said the
Swamp Buggy Board hoped to preclude future noise complaints resulting from permitted park
activities. Accordingly, he asked the Board to consider a noise exemption similar to that given to
the Immokalee race track and the County's airports. After further discussion, the Commission
directed that this issue be considered as a future regular agenda item.
The Board approved the Swamp Buggy Days Recreation and Sports Park PUD on March 13,
1984 via Ordinance No. 84-26. Section 5.2 of the PUD specifically provides that "Motor racing
shall normally be limited to weekends and holidays. No motor racing or practice will commence
earlier than 9:00 am. and all racing shall be completed no later than II :00 p.m."
The proposed amendment is as follows:
"SECTION SEVEN. EXEMPTIONS.
The following uses and activities shall be permitted under this Ordinance and are exempt
from the Sound Levellimits set forth in subsection 6.B
*....*******.*.
R. Noise from Swamp Buggy events
Noise associated with permitted motor racing events emanating from the Swamp Buggy
Recreation and Sports Park."
The proposed amending ordinance is attached to this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JAK
FISCAL IMP ACT: The cost of advertising the ordinance is estimated at $300.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K9
February 9, 2010
Page 2 of 31
RECOMMENDATION: That the Board of County Commissioners reviews the proposed
amendment to the Collier County Noise Ordinance, determine whether to proceed with an
amending ordinance, and if so, direct the County Attorney to advertise the proposed ordinance
for future Board consideration.
Prepared by: Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K9
February 9,2010
Page 3 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K9
Request to review a proposed amendment to the Collier County Noise Control Ordinance,
which would specifically exempt noise resulting from permitted motor racing events at the
Swamp Buggy Recreation and Sports Park, and if acceptable, direct the County Attorney to
prepare and advertise an amending ordinance.
2/9/2010 9:00:00 AM
Date
Prepared By
Jeff Klatzkow
County Attorney
2/2/2010 4:00:01 PM
Date
Approved By
Jeff Klatzkow
County Attorney
2/2/20104:39 PM
Date
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/3/20108:41 AM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
2/3/2010 9:03 AM
Agenda Item No. 16K9
February 9, 2010
Page 4 of 31
ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17,
THE COLLIER COUNTY NOISE CONTROL ORDINANCE, AS
AMENDED, BY AMENDING SECTION SEVEN, EXEMPTIONS, IN
ORDER TO PROVIDE AN EXEMPTION FOR NOISE RESULTING
FROM CERTAIN AUTHORIZED USES; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on February 13, 1990, the Board of County Commissioners adopted
Ordinance No. 90-17, known as the "Collier County Noise Control Ordinance," codified as
Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which
Ordinance subsequently was amended by Ordinance Nos. 93-77,96-29,.00-68,04-55,07-61, and
08-68; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90-17,
as previously amended, to provide an exemption for noise resulting from certain authorized uses,
to account for historic levels of noise resulting from said uses, including but not limited to
activities and events authorized by the Swamp Buggy Days Planned Unit Development,
Ordinance No. 84-26, at the Florida Sports Park swamp buggy race track.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE:
AMENDMENT TO SECTION SEVEN, ORDINANCE NO. 90-17
SECTION SEVEN. EXEMPTIONS.
The following uses and activities shall be permitted under this Ordinance and are exempt
from the Sound Level limits set forth in subsection 6.B:
************
R. Noise from Swamp BUl!1!V Events.
Noise associated with permitted motor racing events emanating from the Swamp Buggv
Recreation and Sports Park.
Page I of2
Words underlined are added; Words s""sk thre.gR are deleted.
Agenda Item No. 16.~9- ml
February 9, 2010
Page 5 of 31
SECTION TWO:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE:
INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of ,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Page 2 of2
Words underlined are added; Words swel, thr."gil are deleted.
~,'
Agenda Item No. 16K9
February 9, 2010
Page 6 of 31
ORDINANCE 84-~
All ORDINAlIC! AM!:NIlING ORDINAlICE 82-2 TIlE COII-
PlElII!:IISIV! ZONIIIG UGtlLATIOI!S FOil TII! ll'IIIIICOIl-
POIlATED 1.u.A OF COU.ID. COIINT'I' , noUDA IlY
AM!:NIlING THI ZONING ATLAS HAP II1l!lllEll 50-26 IlY
CIWIGII!G TIlE 'ZOlfIllG CLASSIFICATIOII OF THI HDUI!
DISCUBEIl R!AL PlOPEllTt nOlI A-2, A-2ST , 10-PII
TO "P11ll" PLANIlEll IllIIT DIV!LOPHEHT FOR IlJ!CREATIOII
AIID SPOilT! PAlUI:; AIID PROVIDING All !FRCTIV! DATIl
WHEREAS, haap 8uSS1 Da,.a, Inc., pet1t1onad the 8oa"CeI of County
;j
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Coaatao1ooera to chlnae the Zon10a Clua1Ucatioo of the herdn
elucdbeel real property I
NOli, THEREFORE BE IT ORDAIN!Il b,. th. Boaed 01 Count,.
Co_l..1oDer. ot Collier County, Florid.,
SECTION 01lE.
The Zon1na Clau1ficatloo of the herdo eleacr1bed real property
locateel iu Sect100 14. Townahip 50 S. Ranae 26 I. Collier Count,., Plodda 1&
cbauaed fro. A-2, A-2ST aod to-PII to "PUll" Plaooed 1I0it Davalo_ot
io accordance with the PlID elocu..ent .~teched hereto II !xhib1t "A"
which 1& incorporated bera1n aoel b) refereoce _de part bereof. The
OfUc1a1 Zon1na Anu Hap Nuaber, NuOlbet 50-26, u elucdbeel io Orelinaoce
82-2, 1& hereb,. a..oded Iccord1nBI,..
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Agenda Item No. 16K9
February 9, 2010
Page 7 of 31
SlCTION TI/lll
Tbb Ordiaaac. aball b.c.... .ff.ctlv. upon raca1pt of Dotica
that b ha. b..a fl1.d witb the S.crat...y of Stat.,
IlAnl March 13, 1984
BOAlUl OP COllll'I'Y COHIIISSIOnRS
COUln COUJITJ, FLOIIIlA
~~riiSY,:7 ,
~''..:!'1LL.%~ '~'lfAGJJI, CL!lUt
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DAVID C. Bll.OIIN. CBAIIUIAII
14'7'1\\\
APPll.M PO.? LEGAL Sl17FICIENCY
, 4..
COUNTY A TTORllEY
1l.-83-24C PlID Ordinanc.
STATE Of FI.OlUllI\
aumr OF CXlL1.IER
I. WILLIAM J, REAGAN, C::'o!rk of Courts in and for t.lte Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
forego:lJ1g is a true original ~'I:
ORDINANCE 00. 84-26
Wich was ..w.ted by the Board of County Camtl.ssioners dur:lJ1g regular
seas~ the 13th day of March, 1984.
,.'}l: It.
wrrnESS my hand and the official seal of the Board "f-Q5unty CCqnnissionerB
of Collier Cou1ty, Florida, this 13th day of March, 1~~~.~\,.~ ':,:"', '<;;.,
WLIAM J RF.AG\N.' .-
Clerk of Court:. cd'Clerk. .' . f;-:
Ex officio to ~d; of' .. : t"';
County ~.8~ . .'
~Z&,~"'~:;~~~~
ty erk II, I
""" ordlnanca flied wfth the
Sec..lary of Stale'. OfficI the
ItCA...dayof~~
end oc~fedge......t of lhot
fill"" NC./wd thl~
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aODK OU~'l"rl44
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PLANNED UNIT DEVELOPMENT DOCUMENT
for
SWAMP DUGGY DAYS
RECREATION ANt> SPORTS PAnK
Prepared By.
CH2M HILL
1063 Fifth Avenue, North
Napl~s, Florida 33940
For:
Swamp BU99Y Days, Inc.
P. O. Box 3105
Naples, Florida 33939
Date Issued
Date Approved by CAPC
Date Reviaed
Date Approved by BCC
County Ordinance NO.
IDOK 018,.,,! 145
Agenda Item No. 16K9
February 9, 2010
Page 8 of 31
11/10/83
1/18/84
1/24/84
3/1.3184
84-26
-
Agenda Item No. 16K9
February 9, 2010
Page 9 of 31
.
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CONTENTS
!.!3!!
Section 1 - Purpose and Intent 1-1
Section 2 - Property OWnership and
Leqal Description 2-1
Section 3 - Statement ot Compliance 3-1
Section 4 - c;enera 1 Development Requlationa 4-1
Section 5 - General Development Commitments 5-1
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Agenda Item No. 16K9
February 9, 2010
Page 10 of 31
I
SECTION 1
PURPOSE AND INTENT
The purpose of this document is to set forth the conditions
ot development and provide other information required in
accordance with the PUD ordinance.
It is the intent of Swamp Buggy Days, Inc., a non-profit
organization, to develop a multiple-purpose Recreation and
Sports Park on approximately 129 acres of land located in
Section 14, Township 50 South, Range 26 East, Collier County,
}'lorida.
The activities of Swamp Buggy Days, Inc. have been a unique
and integral part of the Collier County community for some
35 years. The swamp Bu99Y races have become world-renown
through media coverage such as CDS's 'Sports Spectaculsr"
television program. This recognition has generated both
national and international interest in Collier County. In
addition. Swamp Buggy Days has traditionally served the
community by making its facilities available to some 25
clubs and organizations for activities such as the Collier
County Fair and Indian Days. The purpose of this development
is to improve and expand upon these activities by providing
more varied, useful, and appropriate facilities; thereby
enhancing the recreational opportunities svailable in
Collier County.
This planned unit development shall be limited to uses that
are compatible with and interrelated to sports and recre-
ational activities. The project facilities shall generally
consist of swamp buggy, stock car, and motocross race tracks
and related facilities, target ranges, a fairgrounds area,
multiple-use areas (picnic, sports fields, unpaved parking,
etc.), onsite roadwaYR, snd related structures to house
offices, ticketing, exhibition activities, spectator and
ucer conveniences, and facilities maintenance. This devel-
opment shall provide for an integrated recreation/open space
land use by combining the project facilities with open/green
space areas and the preservation of important natural
features.
Swamp Buggy Days has not establiShed a schedule for
~evelopment of the property, although it is expected to be
phased. In general, the Owner would like to proceed with
development activity as soon as possible. The swamp buggy
fscilities and associsted parking. utilities, roadways, and
the like have the highest priority. The nature. Dequence,
and timing of the actual development construction work c.re
dependent on a variety of factors. In any phasing of the
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Agenda Item No. 16K9
February 9,2010
Page11of31
developmen~, t~. Owner shall complr with all cnunty
ordinances and regulations.
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Agenda Item No. 16K9
February 9, 2010
Page 12 of 31
SECTION 2
PROPERTY OWNERSHIP ~m LEGAL DESCRIPTION
2.1 PROPERTY OWNERSHIP
The subject property io owned by swamp DU99y Days, Inc., a
non-profit organization. The OWner's mailing addre.s is
P. O. Box 3105, Naples, Florida 33939.
2.2 LEGAL DESCRIPTION
The subject property is described aSI
All that part of Section 14, Township 50 South, Range 26
East, Collier County, Florida, being more particularly
described aa,
Commencing at the westerly ~ corner of' Section 14, Township
50 South, Range 26 East, Collier County, Florida, run North
87. 33' 46" East, 2,673.55 feet to the center point of said
Section 14, said point being the Point of Beginning to the
parcel herein described;
thence North O. 50' 21" East, 1,341.66 feet,
thence North 87. 30' 50" East, 1,336.55 feet;
thence South O. 49' 36" West, 1,342.78 feet;
thence North 07. 33' 46" East, 334.19 feet;
thence South O. 49' 24. West, 671.53 feet;
thence South 87. 35' 13" West, 331.22 feet,
thence South O. 49' 36" Weat, 2,014.15 feet;
thence South 89. 39' 37" West, 1,337.24 feet;
thence North O. 50' 21" East, 2,683.29 feet to the P~int of
Beginning of the parcel herein described,
being a part of Section 14, Township 50 South, Range 26
East, Collier County, Florida,
subject to easements and reAtrictions of record;
containing 128.53 acres of land more or less.
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Agenda Item No. 16K9
February 9,2010
Page 13 of 31
SECTION 3
S'1'A'l'EMEN'1' OF COMPLIANCE
The development of approxi~ately 129 acres of land located
in Section 14, Township 50 South, Range 26 East, Collier
county, Florida, as a Planned Unit Development is to be
~nown a. Swsmp Buggy Day. Recreation and Sports Park, and
will be in compliance with the planning goal. and objective.
of Collier County as set forth in the Comprehensive Plan.
The recreational and special use facilities of the project
development will be consistent with the growth policies and
land development regulation. of the Comprehensive Plan and
other applicable documents for the following reasonSI
1. The project development combines compatible,
multi-purpose facilities and programs to provide a
variety of needed recreational opportunities for
Collier County residents of all ages.
2. The projoct development encourages shared capabil-
ities and cooperation between the public and private
sector in the development of recreational
resources in Collie~ County.
3. The project development is located in an area that
is within a reasonable distance of residential
development without conflicting with those
residential uses.
4. The project development is compatible with the
surrounding land uses.
5. The project development will include adequate
support facilities and will have a minimal impact
upon community services and fariliti~..
6. The project development will place emphasis on
minimal alteration of any environmentally-sensitive
lands and will produce significantly less impact
than other potential uses, such as agriculture.
7. All improvements will be in substantial compliance
with applicable regulations.
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Agenda Item No. 16K9
February 9, 2010
Page 14 of 31
SECTION 4
GENERAL DEVELOPMENT REGULATIONS
The purpose of this section is to set forth the regulations
for development of the project.
4.1 LAND USES
For the purpose of gross land use area, the subject project
development contains approximately 129 acres. The project
shall consist of and be limited to the land uses described
herein. The general arrangement of the project facilities
is as illustrated on the PUD Master Plan.
4.2 PERMITTED USES AND STR~~TURES
No beilding 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 Principal Uses and Structures:
1. .Swamp BU99Y. race track.
2. county fair and similar expositions, including
circuses, carnivals, and other
recreation/entertainment activities.
3. Exhibition hall/community center.
4. Amateur soccer, softball, and similar outdoor
recreational sports and activities.
5. Target ranges, including archery.
6. Stock car rAce track.
7. Motocross. (including lJicycle and motorcycle) race
cour...
8. Stadium, training, and practice facilities for
prof..sional ~a.eball.
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Agenda Item No. 16K9
February 9, 2010
Page 15 of 31
9. Administrative offices and supportive service
fAcilities.
10. Any other use or structure that is comparable in
nature with the foregoing and that the Zoning
Director determines to be compatible.
8. Permitted Accessory Uses and Structures,
1. Any accessory uses and structures that are inci-
dental to and customarily associated with those
permitted herein.
2. Onsite water manag3ment, utility, and service
facilities.
3. Siglls" permitted or required by tho llpplicl1ble
Collier County Zoning Ordinance at the time of
applicAtion for construction permits.
4. Residential facilities for housing of security
personnel or caretakers whose work requires
residence on the property.
5. Conce~sions, ticketing, bleacher., and other
spectator-related facilities.
6. Picnicking snd playground areas.
C. Permitted Provisional Uses and Structures,
1. Fuel storage and related facilities.
4.3 MINIMUM SETB^CK REQUIREMENTS
The distance from the property line to the edge of the stock
car track shall not be less than three hundred (300) feet.
The distance from the property line to the edge of any motor
vehicle race track or course shall not be less than one
hundred fifty (150) feet. The minimum setback for all
structures shall be fifty (50) feet from the property line.
4.4 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
One thousand (1,000) square feet, except that modular units,
trailers, towers, and the like shall have no minimum flOOr
area requirement.
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Agenda Item No. 16K9
February 9, 2010
Page 16 of 31
4.5 MAXIMUM HEIGHT OF STROCTUnES
Seventy-five (75) feet above finished grade.
4.6 SIGNS AND MINIMUM OFF-STREn PARKING AND OFF-STREET
LOADING REOOIREMENTS
Aa permitted or required by the applicable Collier County
Zoning Ordinance in effect.at the time of application for a
permit.
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Agenda Item No. 16K9
February 9,2010
Page 17 of 31
SECTION S
GENERAL DEVELOPMENT COMMITMENTS
The purpose of this section is to set forth the standards
for development of the project.
5 . 1 MASTER PLAN
The Master Plan is an illustrative, preliminary development
plan and shall be understood ae flexible within the applicable
limits of this Document and applicable Collier County
ordinances. Minor design changes shall be permitted subject
to County Staff approval.
5.2 GENERAL PROVISIONS
11..
~Iotor Z::lIocinq ..hall normally be limited to weekends and
hOlloS.)'a., No /Dotor racing or prsctice will c_nee
earlier than 9:00 a.m. and all rselnq shsll be
c~l.ted no lster than 11:00p'M.
Operation of the target ranges shall be limited to
daylight hours, provided that night trap and skeet
shooting may be conducted no more than two nights per
week and shall cease not later than 11:00 p.m.
The shooting and archery ranges shall meet accepted
design standards regarding safety and shall be operated
and maintained in accordance with accepted safe practices.
For security and safety, access to the shooting and
archery range areas shall be limited by fencing or other
suitable barriers.
B.
C.
D.
Fencing and/or other suitable barriers will be provided
on the site by the Owner for security, safety, and
traffic control.
The stock C~~rACX'.sha11 be constructed so as to
provide to nOi~e satement through the use of earthen
berms, vege ation lantings, other physical measures,
or combinsti ereof so as to reduce offsite noise
to the extent reasonable and practical.
E.
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Agenda Item No. 16K9
February 9,2010
Page 18 of 31
J
5.3 ROADWAYS AND TRAFFIC
A. Roadways within the subject property shall be privste
roadway. and shall be maintained by the Owner.
Therefore, said roadway. shall be constructed and
surfaced in accordance with accepted practices and as
permitted by the County Engineer.
The Owner shall provide for construction of the main
entrance road within the existing right-of-way,
including canal crossing, turn lanes and other improve-
ments at its intersection with County Road (CR) 951.
The main entrance road shall be limerock or asphalt
surfaced, as permitted by the County Engineer. Said
construction and improvements shall be as described
herein and as permitted by the County Engineer.
B.
I
~
The main entrance roadway, for a distance of not le.s
than 200 feet to the east of the east right-of-way line
of C.R. 951, shall be wide enough to accommodate three
lanes of traffic, the center lane being revoraib1e if
desired, and shall have an all-weather eurface capable
of retaining pavement markings for traffic control
purposes.
D. The Owner shall provide a southbound left turn lane and
a northbound deceleration lane on C.R. 951 at the
project main entrance.
C.
E. The OWner shall provide a fair-share contribution
toward the capital cost of a traffic signal at the
intersection of Rattlesnake Hammock Road and C.R. 951
when deemed warranted by the County Engineer. The
signal shall be owned, operated, and maintained by
Collier County.
F. The Owner shall provide arterial level street lighting
on C.R. 951 at the project. The cost of operdting and
maintaining these units shall be assumed by the County.
G.
The existing access path to the site located
approximately one-half mile to the North of Rattlesnake
Hammock Road shall be maintained at all times in a
'useable" condition for access by emergency vehicles.
If used as a general access to the site. it shall be
improved to the same extent as required for the main
acce.s at Rattlesnake Hammock Road.
The Owner shall pay a fair-share contribution for
traffic improvements in accordance with any
lawfully-adopted regulation applicable to this
property. I
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Agenda Item No. 16K9
February 9, 2010
Page 19 of 31
I. For special events such as the Swamp Buggy races, And
aa desmed necesaary by the County Sheritt, the Owner
will arrange tor special traffic control at the inter-
section ot the main entrance road with CR 951 and
Rattlesnake Hammock Rqad.
5.4 tlATER MANAGEMENT
A. Detailed water management plana shall be submitted for
review and approval by the County Water Management
Advisory Board and the County Engineer prior to the
issuance of construction permits.
B. The OWner shall reimburse the County for reasonable and
normal additional costa that may be incurred in
enlarging the proposed new Renderson Creek canal
crossing, if and when canal improvements planned by the
County are implemented.
C. The Owner acknowledges that areas of the project site
are presently subject to periodic annual flooding, and
that, after development, certain areas will, by design,
continue to be unusable during the normal wet season.
5.5 UTILITIES AND SERVICE FACILITIES
A. The potable water supply source for the project shall
be the County regional water system.
1
Permanent sanitary facilities ~hall be provided for
everyday use by administrative and other personnel.
Treatment and disposal of wastewater flom said
facilities shall be by septic tank/drainfield, or as
otherwise permitted by Florida Administrative Code and
approved by the appropriate local and/or State
regulatory agenci~s.
C. Sanitary facilities for spectators and participants at
scheduled events shall consist of portable toilets
(provided by a licensed commerci31 service), or
permanent restroom facilities, or both. Wastewater
from any permanent facilities provided for spectator
use shall be stored in a buried holding tank of
suitable capacity and subsequently removed and disposed
of offsite by a licensed commercial service, or as
otherwise permitted by Florida Administrative Code and
approved by the appropriate local and/or State
regulatory agencies.
B.
D. The OWner shall comply with applicable stipulations per
memorandum dated November 29, 1983, from Utilities
Manager to Plan Implementation Department, referencing
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Agenda Item No. 16K9
February 9, 2010
Page 20 of 31
this Document, and consisting of three pages as
attached hereto.
E. Telephone and pOWer service shall be made available to
all required areas of the project.
F. Onsite wster well or wells may be constructed (as
permitted) for flooding of the Swamp B~ggy track and
other nonpotable uees.
G. Waste products shall be collected and periodically
removed from the site and disposed of in accordance
with applicable codes and ordinances.
II. All neceaaary easements, dedications, or other instru-
ments shall be granted to provide for the continued
operation and maintenance of all utilities and service
facilitiu.
5.6 LANDSCAPING AND BUFFER AREAS
A. The Owner shall comply with applicable zoning
regulations for required landscaping. Landscaping
plans and/or lists will be submitted to the County
Environmentalist for review prior to construction.
B. To the extent possible and practical, native vegetation
shall be incorporated into any landscaping on the
project.
C. The Owner shall maintain a buffer of natural vegetation
on the property perimeter as generally illustrated on
the Master Plan. In general, this buffer shall be a
minimum of fifty (50) feet wide, except on the west
property line, where the minimum width shall be twenty
(20) feet.
5 .7 CLEARING. GRADING, AND EARTIIWORlt
A. Clearing. grading, and earthwork shall be performed in
accordance with applicable state' and local codes and
ordinances. Plans for site clearing ahall be submitted
to the County Environmentalist for review prior to
construction.
B. To the extent possible and practical, natural
vegetation will be left in place as generally
illustrated on the Master Plan and as approved by the
County Environmentalist. .
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Agenda Item No. 16K9
February 9,2010
Page 21 of 31
C. In area. of natural vegetation not designated as
cypress or palm forest on the Master Plan, removal of
underbrush and shrubs .hall be permitted as approved by
the County Environmentalist.
5.8 PRESERVATION AREAS
A. Preservation areas shall consist of the"cypress forest
and palm forest area. on the southern portion of the
site, as generally depicted and delineated on the
Master Plan.
B. To the extent po.sible and practical, the OWner will
make good-faith effort. to maintain the pre.ervation
areas and discourage long-term degradation through
invasion by exotics, etc.
lb/NATB!100
5-5
lOOK 018 PI"f 158
Agenda Item No. 16K9
February 9,2010
Page 22 of 31
MEMORANDUM
DATE: Novembe~ 29 1983
TO: Ann Ober. Plan Implementation Dept. FROM:I L Be~zon Utilities MnnaRe~
RE: Petition R-83-24C, Swamp Buggy DaY3, S14,
TSOS, R26E
We have reviewed the PUO'document for the project
referenced above and have no objection to the rezone as
requested. However, we require the following stipula-
tions as a condition to our recommedndation for appr.oval:
1) All construction plans and technical spec-
'ifications for the proposed Utility Facilities
must be reviewed and approved by the Uti1ity
Division prior to commencement of construc-
tion.
2) All on-site and off-site Utility Facilities
constructed by the Developer in connection
with the Development shall be constructed to
County Standards at no cost to the County and
shall be deeded to the County l~ater-Sewer Dis-
trict, in accordance with applicsble County
Ordinanc~s and regulations.
3) All customers connecting to the water dis-
tribution facilities will be customers of
the County Water-Sewer District and will be
billed in accordance with a rate structure
approved by the County.
4) All construction on the proposed sanitary sewage
collectio~ system shall utilize proper methods
and materials to insure water tight conditions.
5) Appropriate Utility Easements dedicated to the
County Water-Sewer District must be provided
for the proposed Water facilities to be con-
structed, when they do' not lie within public
rights-of-way or Utility Easements.
6)' An executed agreement between Swamp Buggy Days
and an approved sewage Disposal Facility to be
utilized for treatment of the on-site sanitary
wastes ~enerated must be. submitted with the
Utility Construction'Plans, in accordance with
the requirements of County Ordinance 80-112.
aOOK 018 w.r 159
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,
Agenda Item No. 16K9
February 9, 2010
Page 23 of 31
TOI Ann Ober, Plan Implementation Dept.
Page 2
November 29, 1983
8)
7) All non-potable water sources constructed on-
site must be clearly identified with approp-
riate warning signs and must be secured to pre-
'vent possible access for potable consumption
or cross-connection with the potable water
facilities planned on-site.
We require a written Agreement with the owner of
the project, legally acceptable to the County Water-
Sewer District, stating that:
a) The proposed on-site wastewater collection'
and holding facilities to be constructed as part
of the proposed project must be regarded as in-
terim; they shall be constructed to State &
County standards and be owned, operated and
maintained by the owner, his assigns or succ-
essors until such time as the County's Central
Sewer Facilities are available to service the
project;.
b) Connection to the County's Central Sewer fac-
ilities will be made by the owners, their assigns
or successors at no cost to the County or to
the County Water-Sewer District within 90 days
after such facilities become. available.
c) Upon connection to the County's Central Sewer
Facilities, the Owner, his assigns or succesaors
shall abandon, dismantle and .remove from the
site the interim sewage holding facility. All
work related with this activity shall be per-
fOrMed at no cost to the County or the County'
Water-Sewer District.
d). All construction plans and technical speci-
fications related tc connections to the County's
Central Sewer facilities will be submitted for
review and approval prior to commencement of
construction. .
e) The owners, their assj~ns or successors shall
agree to pay all systum development charg.s at
the time that Building Permits are required,
Pursuant to appro~riate County Ordinances and
Regulations in effect at the time of Pe:mit re-
quest.
.'
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aOOK 01R,w 160
~'Y .'
Agenda Item No. 16K9
February 9, 2010
Page 24 of 31
TO: Ann Ober, Plan lmplemenatation Dept.
Page 3 ,
November 29, 1983
9)
Arly iteDls wil,li.n the PUD document which confU.ct \dth
the above listed stipulations must be revised acc-
ordingly.
10).- As stated in the PUD doc=ent. this development plans
to obtain potable water service frOM the Coll~er .
County Regional Water System. Connections in this
system will not be available unt~l the construction
of the water supply, treatment and trsnsmission fac- .
ilities are completed. At that time, connection will
be 'on a "first cOllIe first serve" basis when the foll-
owing occurs: .
a) Water is available to the area.
b) Arl application for service is approved.
c) All applicable charges snd fees are paid.
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Agenda Item No. 16K9
February 9, 2010
Page 26 of 31
October 27, 2009
were looking for. They have been resolved, many of them, and it's
because of this commission listening to this gentleman here who came
forward. There's other vendors, too, that -- the issue has been more or
less taken care of. This is one issue that's left out there.
I agree with you, it is with the Clerk of Courts. But your patience
in listening to Mr. Guerrero has brought about a lot of resolution. We
have two departments that were at war with each other a couple
months ago, and they've been working very close together since then.
And I thank you for listening to everything that's been presented
today.
CHAIRMAN FIALA: Thank you. And on to the next one,
please.
MR. GUERRERO: Thank you, Madam Chair, Commissioners.
Item #60
PUBLIC PETITION BY RANDY JOHNS TO DISCUSS A
REQUEST BY SW ANP BUGGY, INC., FOR EXEMPTION FROM
THE CURRENT NOISE ORDINANCE - THIS ITEM TO BE
BROUGHT BACK AS A REGULAR AGENDA ITEM -
CONSENSUS
MR. OCHS: Madam Chair, that takes you to Item 6D, which is a
public petition request by Randy Johns to discuss a request by Swamp
Buggy, Inc., for exemption from the current noise ordinance.
Mr. Johns?
MR. JOHNS: Good morning. I'm Randy Johns. I'm here on
behalf of the swamp buggy board. I wanted to thank you guys for the
support you had over the years for swamp buggy.
As you know, the swamp buggy's been around for 61 years.
They've been -- their mission statement's been to put on affordable
entertainment for the community, also allowing other venues to use
Page 33
Agenda item No. 16K9
February 9,2010
Page 27 of 31
October 27,2009
that facility to raise funds and stuff for their venues.
We were located on Radio Road years before, and as you know,
people started building in and getting close to us and complained to
the commissioners, and we are now located where we are today.
We've been there for 25 years.
We know now that there is other developers that wanted to move
in next to us. We've been there with the noises and stuff that we make
on our weekends and stuff for these 25 years. We don't want to stop
development, but we do not want to be stopped doing the business that
we're doing.
We'd like to ask you guys to give us the same noise exemption
that you have given to Immokalee drag strip, to the fairgrounds, to the
airports, those type of exemptions.
And that's kind of where we're at with this. I don't think that it
would hurt any development around us that will be moving in if we
were to get those exemptions. You know, we haven't had complaints
in the past, and I just don't -- we'd like to not have complaints or be in
a position where we have to move again, so that's why we're here
today. Thank you.
CHAIRMAN FIALA: Thank you. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. Thank you for being here
today Randy.
MR. JOHNS: Thank you.
COMMISSIONER COLETTA: J've been involved in the swamp
buggy for quite a long time and got quite a history on it. The last noise
complaint that came from that area was back when they had the
shooting range, and that was about seven years ago, six, seven years
ago, and that was people moving in some distance away not being
used to gunfire except on television. They were brought to the
shooting range, demonstrated what it was. The whole thing ended up
that that went away, then the shooting range went away.
There hasn't been a noise complaint from swamp buggy in
Page 34
Agenda Item No. 16K9
February 9,2010
Page 28 of 31
October 27,2009
forever. I'd like to see this moved to an agenda for consideration. Of
course, would there be public meetings on this for this to be able to go
forward? Not that there's anybody that lives in that neighborhood that
I could think of that would want to interact if you use the
measurements that you do for how far away you notify somebody.
MR. KLA TZKOW: If the thought of the board is to grant an
exemption of the noise ordinance for the swamp buggy folks, then you
would have a public hearing for the change in the ordinance.
COMMISSIONER HENNING: Okay. Well, I'm for going
forward with it and having it brought back to have it changed.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I am, too.
CHAIRMAN FIALA: Me, too.
COMMISSIONER HENNING: I mean, I don't know if we could
do it by a simple resolution.
MR. KLATZKOW: No. You need to -- you would need -- you
would need and you would want to amend your ordinance. They're in
a part of the county that's rapidly developing. This issue came to my
office's attention during the PUD process when there was talks about
maybe putting an exemption in the PUD, and it was my thought, just
-- there's no point in doing this because you're going to have all these
developments around there, just give them the -- if the board wants,
you just give them the exemption.
I don't know that you have an exemption for the fairgrounds. I
know that was mentioned. And I don't know if you want us to look
into that as well.
COMMISSIONER HENNING: Yeah. Personally I think that we
need to do that. I hate to -- I know it costs us money every time we
have to advertise for these ordinance changes.
MR. KLA TZKOW: Not as much as you think, because we're
starting to combine them. They're running about 80 to $100 per
ordinance to advertise. If you look at them now, we're bunching like
Page 35
Agenda Item No. 16K9
February 9, 2010
Page 29 of 31
October 27, 2009
six or seven in at a time. That's considerably reduced the average cost.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I'm sympathetic to getting
something done to protect swamp buggy, but I just want to explore
briefly if there isn't a better way of doing it. If you exempt somebody
from the noise ordinance, that essentially means that no matter what
activity they conduct there -- they can detonate SOD-pound bombs
there and you can't enforce the noise ordinance. But you -- the way
that we did this for the Marco Island Airport was to require that the
surrounding developments include notifications to anyone who bought
property that this park was there, that the swamp buggy conducted
their activities there, and we intended that they continue conducting
their activities there, and that no complaints concerning the noise of
the swamp buggy activities would be enforceable.
Now, that is a little different than just exempting them from the
noise ordinance.
MR. KLATZKOW: The exemption would be limited to -- it
would be a reasonable exemption. They would be limited to times. I
mean, typically maybe seven to ten p.m., something like that, and
we'd bring out something that they could live with and the community
could live with as well.
COMMISSIONER COYLE: The problem still remains that when
people buy property there, if they're not aware of this exemption,
they're going to buy property and then they're going to be complaining
to us when they hear this noise.
My objective is to not only let the swamp buggy continue their
operations there without harassment or complaint, but it is to make
sure that the people who purchase in the surrounding communities
know that that facility is there and they know that these operations are
going to be conducted there, and that way we won't have nearly so
many unhappy residents. That would be my objective.
Page 36
Agenda Item No. 16K9
February 9, 2010
Page 30 of 31
October 27, 2009
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETI A: That's a good point. In the last
PUD, and I believe the last -- the one before that, we made that a
requirement that they do just that. And it's a -- you're right, it's a safety
measure, because even if you have an ordinance in place, people are
going to have a hard time if they haven't been prewarned that this
ordinance is there.
I'm kind of reluctant to add the fairgrounds to it, because that's a
whole different situation. You're going to fill this room two times over
if you add the fairgrounds to it. I would rather the fair board come
here separately and make that request, and then we can deal with it as
a separate issue, because I -- it's going to -- that would, in itself, blow
this whole thing apart. I think swamp buggy is extremely different
than the fair.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah. I also feel that we need to do
something not only with the swamp buggy grounds, but also the
people that surround them.
It seems funny that people know there's an airport, and the
airport's been there for years. First thing they do when they move in is
start raising cane that they want to shut the airport down.
So I understand where you're coming from, and I feel that we
need to address that. And I think the best way, as was discussed here,
is to put that in the documents of people who are going to buy
residence in that area, maybe a mile away or two miles away, because
on certain days when the wind is blowing a certain direction, there's
going to be noise, and it's going to travel with the -- with the wind.
So I believe that we need to make sure that we cover all angles so
that we don't run into this particular problem. People have got to
realize the swamp buggy grounds are there. There's particular times of
the year that the races are run, and so be it.tCHAIRMAN FIALA: Randy, thank you so much for being here.
Page 37
Agenda Item No. 16K9
February 9,2010
Page 31 of 31
October 27, 2009
I remember when it was on Radio Road. You could hear it over at my
place. I thought it sounded wonderful, by the way.
And as you can see, I think all five commissioners agree that we
want to keep you there and we want people who move in not to be
complaining about the noise there.
And Commissioner Coletta asked that we bring it back to a
regular agenda item, and you -- and County Manager, you see five
people in agreement.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
MR. JOHNS: I did check our PUD. It doesn't allow us to
detonate 500-pound bombs.
COMMISSIONER COLETTA: We can change that.
COMMISSIONER COYLE: Yeah, we can. I'd like to see the
rifle range back out there.
MR. JOHNS: Not yet. Thank you.
Item #9A
RESOLUTION 2009-257: APPOINTMENT OF MEMBERS TO
THE RADIO ROAD EAST OF SANTABARBARA BOULEVARD
TO DAVIS BOULEVARD ADVISORY COMMITTEE:
APPOINTING RENATO F. FERNANDEZ (4 YEAR TERM)
THOMAS FRANK DEPOUW AND SUZANNE J. CHAPIN
(3YEAR TERMS), DALE M. JOHNSON AND PAIGE SIMPSON
(2 YEAR TERMS) - ADOPTED
MR. OCHS: Madam Chair, that takes you to Item 9 on your
agenda, which is Board of County Commissioners. 9A is an
appointment of members to the Radio Road East of Santa Barbara
Boulevard to Davis Boulevard Advisory Committee.
COMMISSIONER HENNING: Madam Chair, I make a motion
Page 38