Agenda 02/23/2010 Item #16K 1
Agenda Item No. 16K1
February 23,2010
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 events and motor racing 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 as it relates to motor racing and other permitted 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 a.m. 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 Level limits set forth in subsection 6.B
..*************
R. Noise from Swamp Buggy events
Noise associated with permitted events emanating from the Swamp Buggy Recreation and Sports
Park, including but not limited to, motor racing, tractor pulls, festivals and music concerts."
The proposed amending ordinance is attached to this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JAK
FISCAL IMPACT: The cost of advertising the ordinance is estimated at $300,
Agenda Item No. 16K1
February 23, 2010
Page 2 of 31
GROWTH MANAGEMENT IMPACT: None,
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. Klal2kow, County Attorney
Agenda Item No. 16K1
February 23,2010
Page 3 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
This item continued from the February 9, 2010 BCC Meeting. 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 Attomey to prepare and advertise an
amending ordinance.
Meeting Date:
2/2312010 9:00:00 AM
Prepared By
Jeff Klalzkow
County Attorney
Date
2/2/20104:00:01 PM
Approved By
Jeff Klalzkow
County Attorney
Date
2/2120104:39 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
2/3/20108:41 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
2/3/20109:03 AM
Agenda Item No. 16K1
February 23, 2010
Page 4 of 31
ORDINANCI 84-~
AN ORDINANCI AHlNDINC ORDINANCE 82-2 TlI COII-
PIlEIIENSIVE ZONIIIC I!CllLATIOIIS FOil TIll UIlIllCOI-
POIlA'1'EIl IJlU OF COLLIn COllllTt, FLOlllDA IIY
AHlNDIIlC TIE ZOIlIIlG ATLAS HAP 1ltIMB1!1l 50-26 lIT
CIWlGING ru 'ZONING CLASSIFICATIOK OF TlI HDIIK
DI!SClllllED IlIAL PlOPEllrT ROM A-2, A-2ST , IlO-Ptr
TO "PUI)" PLAJIIIED UIll'J: DEVILOPMENT FOil UCIl!ATIOIl
ANI) SPOIlTS PAllXI ANI) PIOVlDINC AN EFFECTIVE DAftl
.
WH!IlEAS, $va.p lIuSSY Daye, tnc., petitioned the 1I0e~d of County
C_iadoDera to chanse the Zon1n, Cludf1ceUon of tbe heretu
deecr1bed ~eel property;
NOW, THEREFORE III! IT ORDAIIlED by the lIoard 01 County
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Co..1e.loner. of CollIer County, Florlde,
S I!CTION ONE I
The Zon1ns Clee.lflc.tloD of the hereIn deecrlbed reel p~ope~ty
loceted In Sectlon 14, Townahlp 50 S, lenae 26 I, Co Iller County, Plorlda la
chansed fro. A-2, A-2ST and ID-PlJ to "PllIl" PlellDed trdt OevelOpllllDt
In accordanca vIth the PlID document '~tachad hereto ee EXhIbit "A"
vh1ch b incorporeted herdn end b) refereDce ..de pert bereof. The
Officlel Zonin, Atlee Hap Ilu.ber, Nu~er 50-26, ee deacr1bed in Ordlnence
82-2, 1. hereby e..nded eccord1naly.
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Agenda Item No. 16K1
February 23, 2010
Page 5 of 31
SleTIO" TlIOI
Tb18 Odillall.e aball b.cCllH effecUve UpOD receipt of 1I0UC.
that i. h.. beeD fil.d witb the S.cr.t.rr of Stat..
DAnl March 13, 1984
Ilo.wl or COllMTY CO!IIIISSIOIIIRS
COLLIII COtmt'J. nolIJlA
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,.' .IIILLt~ ,~"IU.CAll, CLEIlIt
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DAVID C. BIWWIl, CllAIRHAll
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APPRM ro~:~ SUFFICIENCY
COUNTY A nOMEI'
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1-83-24C POD Ordla.nc.
STA'l'E OF n.oIUllo\ )
cxuny OF o::JIJ n::Il. )
I, WIlLIAM J. REAGAN. C:'drk of Courts :In and far the Twentieth
Judicial Circuit, Collier CoIracy, Florida. do hereby certify that the
foregoing is a true original '.'1:
ORDIlWa: 00. 84-26
Thl, ordl_ "'ed wIth ,...
SecNlafy of Slote', Offlc. the
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and OC~'ecIg.....nt of !hot
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Mdch was Ildao-ted by tho Board of CoIracy C'4md.ss1oners during regular
_s~ the 13th day of March, 1984.
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wrINESS my hand and the official seal of the Board ~f'Qiuricy 'Cqn:nissioners
of Collier Cotxlcy, Florida, this 13th, day of March, l~~~.~,.~ ':.;",. ~<;:
tm.LIAM 3. REAQ\N.. :" ; .::.
Clerk of ~ and Clerk, . r-::
Ex officio tl) ~ of . . : ii
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Agenda Item No. 16K1
February 23, 2010
Page 6 of 31
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PLANNED UNIT DEVELOPMENT DOCUMENT
for
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SWAMP DUGGY DAYS
RECREATION AND SPORTS PAJU(
Prepared By:
CK2M KILL
1063 Fifth Avenue, North
Napl~s, Florida 33940
For:
Swamp BU99Y Days, Inc.
P.O. Box 3105
Naples, Florida 33939
Date Issued: 11/10/83
Date Approved by CAPC: 1/18/84
Date Ravised: 1/24/84
Dat.e ApprovecS by BCC: 3/13/84
Count.y OrcSinanee No.: 84-26
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Agenda Item No. 16K1
February 23, 2010
Page 7 of 31
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CON'l'ENTS
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Section 1 - Purpose and Intent 1-1
Section 2 - Property Ownership and
Legal Description 2-1
.
Section 3 - Statement ot Compliance 3-1
Section 4 - (ieneral Development Regulations 4-1
Section 5 - General Development Commit:lllents 5-1
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Agenda Item No. 16K1
February 23, 2010
Page 8 of 31
SECTIOll 1
PURPOSE AND INTENT
The purpose of this docume~t is to set forth the conditions
of 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,
Florida.
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 Bu~qy races have become world-renown
through media covera~e such al CBS'I "Sports Spectacular"
television program. This recognition hal 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 al 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 available 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 aroa,
multiple-use areas (picnic, sports fields, unpaved parking,
etc.), onsite roadwayft, and related structures to house
offices, ticketing, exhibition activities, spectator and
ucer conveniences, and fDcilities 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 preservstion of important nstural
features.
Swsmp Buggy Days ha8 not e8tablished a schedule for
aevelopment of the property, although it is expected to be
phased. In general, the Owner would like to procead with
development activity as 800n as possible. The 8wamp buggy
facilities and associated parking, utilities, roadways, and
tho like have the highest priority. The nature, Dequence,
and timing of the actual development construction work ".re
dependent on a variety of factors. In any phssing of the
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Agenda Item No. 16K1
February 23,2010
Page 9 of 31
d.v.lopm.n~, ~~.Own.r ahall complr w1~~_all ~~un~y
ord1nanc.. and regula~1ona.
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Agenda item No. 16K1
February 23, 2010
Page 10 of 31
SECTION 2
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
2.1 PROPERTY OWNERSHIP
The subject property i8 owned by Swamp Buggy Days, Inc., a
non-profit organization. The OWner'a mailing address 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 811'
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 feetl
thence South 0" 49' 36" West, 1,342.78 feetl
thence North 07. 33' 46" East, 334.19 feetl
thence South O. 49' 24" West, 671.53 feet,
thence South 87. 35' 13" west, 331.22 feetl
thence South O. 49' 36" West, 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 eas8ments and restrictions of record,
containing 128.53 acres of land more or less.
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Agenda Item No. 16K1
February 23,2010
Page110f31
SECTION 3
STATEMENT OF COMPLIANCE
The development of approxiwately 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
known a. Swamp Buggy Days Recreation and sports Park, and
will be in compliance with the planning goal. and objective.
of Collier County aa set forth in the Comprehenaive Plan.
The recreational and special use facilities of the project
development will be consistent with the growth policies and
land development regulations of the Comprehensive Plan and
other applicable documents for the following reasons I
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 age8.
The project development encourages shared capabil-
itie. and cooperation between the public and private
sector in the development of recreational
re.ources in Colliee County.
The project development is located in an area that
is within a reasonable distance of residential
development without conflicting with those
residential uses.
2.
3.
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4.
The project development is compatible with the
surrounding land uses.
S. 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 environmen~ally-.ensitive
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. 16K1
February 23, 2010
Page 12 of 31
SECTION ..
GENERAL DEVELOPMENT REGUI.A'1'IONS
The purpo.e of this .ection i. to .et forth the re~ulation.
for development of the project.
4.1 LAND USES
For the purpo.e of ~ro.. land u.e area, the subject project
development contain. approximately 129 acres. The project
.hall con.i.t of and be li~ited to the land uaes described
h.rein. The general arrang.~ent of the project facilities
is as illustrated on the PUD Master plan.
4.2 PERMITTED USES AND STRU~TURES
No b~ilding or .tructure, 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 U.e. and Structure. I
1. .Swamp BU99Y. race track.
2. County fair and .imilar exposition., includin~
circu.... carnival.. and other
recreation/entertainment activities.
3. Exhibition hall/community center.
4. Amateur soccer, Boftball. and similar outdoor
recr.ational aport. and activitie..
5. Target ranqes. including archery.
6. Stock car race track.
7. Motocro.s (including bicycle and motorcycle) race
cour...
B. Stadium, training, and practice facilities for
professional baseball.
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Agenda Item No. 16K1
February 23,2010
Page 13 of 31
,. Administrative offices and supportive aervice
bciliUe..
10. Any other uae or structure that ia comparable in
nature with the foregoing and that the Zoning
Director determines to be compatible.
B. Permitted Acceaaory Usea and Structures.
1. Any accessory uses and atructures that are inci-
dental to and customarily associated with those
permitted herein.
2.
Onaite water manag3ment, utility, and aervice
tecili ties.
3. SJ.gI1S 4. permJ.tted or required by tho lIppliccble
Collier County Zoning Ordinance at the time of
application for construction permits.
.
4. Reaidential facilitiea for houaing of aecurity
peraonnel or caretakera whoa. work requirea
residence on the property.
5. Concesaiona, ticketing, bleacher.,. and other
spectator-related facilitiea.
6. Picnicking and playground areaa.
C. Permitted Proviaional Usea and Structurea.
1. Fuel storage and related facilitiea.
4.3 MINIMUM SETBACK REOUIREMENTS
The distance from the property line to the edge of the Btock
car track shall not be lea. than three hundred (300) feet.
~h. diatance from the property line to the edge of any motor
vehicle race track or courae ahall not be leae than one
hundred fifty (150) feet. The minimum aetback for all
structurea shall be fifty (50) feet from the property line.
4.4 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
One thouaand (1,000) aquare feet, except that modular unite,
trailera, towera, and the like ahall have no minimum floor
area requirement.
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Agenda Item No. 16K1
February 23, 2010
Page 14 of 31
4.5 MAXIMUM HEIGHT OF STROCTURES
Seventy-five 1751 feet above finished grade.
4 . 6 SIGNS AND MINIMUM OFF-STREET PARXING AND OFF-STREET
LOADING REQUIREMEN'1'S
Ae permitted or required by the applicable Collier County
zoning Ordinance in eftect.at the time of application for a
permit.
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Agenda Item No. 16K1
February 23, 2010
Page 15 of 31
SECTION 5
GENEML DEVELOPMENT COMMITMENTS
The purpose of this section is to set forth the standards
for development of the project.
5. 1 KASTER PLAN
The Master Plan is an illustrative, preliminary development
plan and shall ~e understood as flexi~le within the app1ica~le
limits of this Document and applica~le Collier County
ordinances. Minor design changes shall be permitted eubject
to County Staff approval.
5.2 GENERAL PROVISIONS
A. .10tor;:ll,c!n.ri aha11 normally be' l!lliited to weekerids and
holiday..,." No motor racinq or practice vi11 c__
earlier t~an 9:00 a.m. and all recin9 shell be
c.-pleted no later than ll:OOp,m.
B. 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.
C. 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
suita~le barriers.
D. Fencing and/or other suitable barriers will be provided
on the site by the Owner for security, safety, and
traffic control.
E. The stock ca ~ishall be constructed so as to
provide fo nOi~e a atement through the use of earthen
berms, vege ation lantings, other physical measures,
or combinati ereof so as to reduce offsite noise
to the extent reasonable and practical.
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Agenda Item No. 16K1
February 23,2010
Page 16 of 31
5.3 ROADWAYS AND TRAFFIC
A. Roadways within the lubject property Ihall be private
roadwaya and ahall be maintained by the Owner.
Therefore, aaid roadway I shall be constructed and
aurtaced in accordance with accepted practicea and as
permitted by the County Engineer.
The Owner shall provide for construction of the main
entrance road within the exiating right-of-way,
including canal crosaing, turn lanes and other improve-
ments at ita intersection with County Road ICR) 951.
The main entrance road shall be 1imerock or asphalt
surfaced, as permitted by the County Engineer. Said
construction and improvements shall be aa described
herein and as permitted by the County Engineer.
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The main entrance roadway, for a distance of not lesa
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 reversible if
desired, and shall have an all-weather surfaco 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 Dt 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 Rattlcanake 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 o~rdting 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
'useablo" 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
access at Rattlesnake Hammock Road.
The Owner shall pay a fair-ahare contribution for
traffic improvements in accordance with any
lawfully-adopted regulation applicable to this
property.
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Agenda Item No. 16K1
February 23, 2010
Page 17 of 31
I. For special events such as the Swamp Buggy races, and
as deemed necessary by the County Sheriff, the Owner
will arrange for special traffic control at the inter-
section of the main entrance road with CR 951 and
Rett1esnake Hammock Rqad.
5.4 WATER MANAGEMENT
A. Detailed water managemsnt plans shall be submitted for
review and approval by the county Water Menagement
Advisory Board and the county Engineer prior to the
issuance of construction permits.
B. The Owner shall reimburse the County for reesonable and
normal additional costs that may be incurred in
enlarging the proposed new Renderson Creek canal
crossing, if and when canel improvement. planned by the
County ere implemented.
c. The Owner ecknowledges that ereas of the project site
are presently subject to periodic annual flOOding, and
thet, after development, certain area. will, by design,
continue to be unusable during the normal wet season.
5.5 UTILITIES AND SERVICE FACILITIES
A. The potsble weter supply source for the project shall
be the County regional weter system.
B. Permanent sanitary fecilities shall be provided for
everyday use by edministrative and other personnel.
Treetment and disposal of westeweter fL~m said
fecilities shell be by septic tank/dreinfield, or as
otherwise permitted by Floride Administrative Code and
approved by the eppropriate local end/or State
regUlatory agencies.
C. Senitery facilities for spectators and perticipants at
scheduled events shell consist of portable toilets
(provided by a licensed commercial service), or
permanent restroom facilities, or both. Wastewater
from any permanent feci1ities provided for spectator
use shall be stored in a buried holding tank of
suitable cepacity and subsequently removed and disposed
of offsite by a licensed commercial service, or as
otherwise permitted by F10ride Administrative Code and
approved by the eppropriate local and/or State
regulatory agencies.
D. The Owner ahall comply with applicable stipulations per
memorandum dated November 29, 19B3, from Utilities
Manager to Plan Implementation Department, referencing
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Agenda Item No. 16K1
February 23, 2010
Page 18 of 31
this Document, and consisting of three pages as
attached hereto.
E. ~e1ephone and power service shall be ~ade available to
all required areas of the project.
F. Onsite water well or wells may be constructed (as
permitted) for flooding of the Swamp B~ggy track and
other nonpotable uses.
G. Waste products ahall b. collected and periodically
re~oved fro~ the site and disposed of in accordance
with applicable codes and ordinances.
II. All necessary eaaements, dedications,-or other instru-
~ents shall be granted to provide for the continued
operation and maintenance of all utilities and service
facilities.
5.6 LANDSCAPING hND BUFFER AREAS
A. ~he Owner shall comply with applicable zoning
regulations for required landscaping. L~ndscaping
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 ahall 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 (SOl feet wide, except on the west
property line, where the minimum width shall be twenty
(20)- feet.
5 . 7 CLEARING. GRADING, AND EARTHWORK
A. Clearing, grading, and earthwork shall be performed in
accordance with applicable stat~ and local codes and
ordinances. plans for site clearing shall be submitted
to the County Environmentalist for review prior to
construction.
B. TO the extent po.siblo and practical, natural
vegetation will be left in place as generally
illustrated on the Haster Plan and as approved by the
County Environmentalist. .
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Agenda Item No. 16K1
February 23, 2010
Page 19 of 31
C. In area. of natural vegetation not deaignated aa
cypre.s or palm tore.t on the Kaater Plan, removal ot
underbruah and ahrubs .hall be permitted aa approved by
the County Environmentalist.
S . 8 PRESERVATION AREAS
A. Preservation areas shall consist ot the"cypress for.st
and palm forest are.s on the southern portion of the
site, a. generally depicted and delineated on the
Ma.ter Plan.
'1'0 the extent possible and practical, the Owner will
make gOOd-faith efforts to maintain the pre.ervation
areas and diacourage long-term degradation through
invaaion by exotica, etc.
B.
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Agenda Item No. 16K1
February 23,2010
Page 20 of 31
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MEMORANDUM
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DAT~ Nnvp-mbe~ 29 1983
TO: Ann Ober. Plan Implementation Dept. FROM: I. L. Berzon Utilities ManaRe~
RE: Petition R-83-Z4C, Swamp Buggy Dayo, S14,
TSOS, R26E
We have reviewed the PUD'doc\llllent for the project
referenced above and have no obj ection to the rezone as
requested. However, we require the following stipula-
tions as a condition to our recommedndation for approval:
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1) All construction plans and technical spec-
'lfications for the proposed Utility Facilities
must be reviewed and approved by the Utility
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 Water-Sewer Dis-
trict, in accordance with applicable 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 struc~~re
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 treacment 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.
am 018M 159
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Page 2
November
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Agenda Item No. 16K1
February 23, 2010
Page 21 of 31
Cber, Plan Implementation Dept.
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 potablB 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 ss 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 sre available to service the
proj ect;.
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
Facilitie., the Owner, his assigns or successors
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 cOllllllencement of
construction. ,
The owners, their ass~~s or successors shall
agree to pay all system development charg.. at
the time that Building Permits are required,
Pursuant to appropriate County Ordinances and
Regulations in effect at the time of Permit re-
quest.
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Agenda Item No. 16K1
February 23, 2010
Page 22 of 31
TO: AmI Ober, Plen Iinplemenatetion Dept.
Pase 3 .
November 29, 1983
.
9) Any itellls wil~lin the PUD docUlllent which confUct \dth
the above listed stipulations must be revised acc-
ordinsly.
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10) ," As stated in the PUD doc=ent, this development plans
to obtain potable water service from the Collier '.
Couney llesional Water srstem. Conneceiona in this
system will not be avai able until ehe construceion
of the water supply, treatment and transmission fac- ,
ilities are completed. At thae timet conneceion will
be'on a "first come first serve" bas1.s when the foll-
owing occurs: .
=;0;;=
a) Water is available to the area.
b) An application for service is approved.
c) All applicable charses and fees are pud.
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Agenda Item No. 16K1
February 23, 2010
Page 24 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 #6D
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. 16K1
February 23, 2010
Page 25 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: I'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. 16K1
February 23, 2010
Page 26 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. KLATZKOW: 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 -- ifthe 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. 16K1
February 23, 2010
Page 27 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 SOO-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. 16K.1
February 23, 2010
Page 28 of 31
October 27, 2009
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: 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.
CHAIRMAN FIALA: Randy, thank you so much for being here.
Page 37
Agenda Item No. 16K1
February 23,2010
Page 29 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 SOO-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
Agenda Item No. 16K1
February 23,2010
Page 30 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 OF ORDINANCE NO. 90-17,
AS AMENDED.
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 SwamD BUI!:I!\' Events.
Noise associated with oermitted events emanatin!! from the Swamo Bu!!1!\' Recreation and Soorts
Park. includin!! but not limited to. motor racio!!. tractor Dulls. festivals and music concerts.
Page I of2
Words underlined are added; Words ,weir tIt.eligh are deleted.
Agenda Item No. 16K1
February 23, 2010
Page 31 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.
A TIEST:
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 .!mol, lhl'eHgh are deleted.