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Agenda 04/13/2010 Item #17B Agenda Item No. 178 April 13, 2010 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Ordinance No. 90-17, as amended, the Collier County Noise Control Ordinance, which would provide for an exemption of noise resulting from authorized uses at the current location of the Swamp Buggy Recreation and Sports Park and provide for actual and recorded notice of this exemption to nearby parcels. OBJECTIVE: To obtain Board approval of an ordinance amending the Collier County Noise Control Ordinance in order to exempt noise resulting from allowable events at the current location of the Swamp Buggy Recreation and Sports Park and provide for notice of this exemption. 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. MI. 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. At its February 23, 2010 meeting, the Board reviewed the proposed amending ordinance and directed the County Attorney's Office to advertise and bring back with certain revisions (see attached transcript). In keeping with the Board's direction, additional language has been added clarifying that this exemption is restricted to the present location of the Sports Park, and requiring developers of parcels that adjoin or are "substantially affected" by noise at the Sports Park to provide actual and recorded notice to prospective purchasers. This new language appears in bold below. 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 allowable events emanating from the current location of the Swamp Buggy Recreation and Sports Park, including but not limited to, motor racing, tractor pulls, festivals and music concerts. Developers of parcels that adjoin the Swamp Buggy Recreation and Sports Park, or parcels that would otherwise be substantially affected by the noise generated by the Swamp Buggy Recreation and Sports Park, must provide both actual and recorded notke to all prospective residents within such properties of this exemption, in a form to be approved by the County. Agenda Item No. 178 April 13, 2010 Page 2 of 12 LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JAK FISCAL IMPACT: None. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance amending the Collier County Noise Control Ordinance. Prepared by: Jeffrey A. Klatzkow, County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 17B April 13, 2010 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B Recommendation to adopt an ordinance amending Ordinance No. 90-17, as amended, the Collier County Noise Control Ordinance, which would provide for an exemption of noise resulting from authorized uses at the current location of the Swamp Buggy Recreation and Sports Park and provide for actual and recorded notice of this exemption to nearby parcels. 4/13/2010 9:00:00 AM Date Prepared By Jeff Klalzkow County Attorney 3/18/20102:11:01 PM Date Approved By Jeff Klatzkow County Attorney 3/22/2010 4:01 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 4/1/20109:05 AM Date Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Office of Management & Budget 4/1/201010:44 AM Leo E. Ochs, Jr. Date Approved By County Managers Office County Manager County Managers Office 4/4/20102:07 PM Agenda Item No. 17B April 13, 2010 Page 4 of 12 ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FROM AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION; 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, 07-6], 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 rcsulting 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 Bu!!!!V events. Noise associated with allowable events emanating from the current location of the Swamp Bu~gv Recreation and Sports Park. including but not limited to. motor racing. tractor pulls. festivals and music concerts. Developers of parcels that adioin the SwamD Buggv Recreation Page t of2 Words underlined are added; Words struel: threugh are deleted. Agenda Item No. 17B April 13, 2010 Page 5 of 12 and Sports Park. or parcels that would otherwise be substantiallv affected bv the noise generated bv the Swamp Buggv Recreation and Sports Park. must provide both actual and recorded notice to all prospective residents within such properties of this exemption. in a form to be approved bv the Countv. 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-lettered 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 COYLE, CHAIRMAN Page 2 of2 Words underlined are added; Words slruek lhFOHgh are deleted. Agenda Item No. 17B April 13, 2010 Page 6 of 12 February 23,2010 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- MOTION TO BRING BACK W/AMENDMENTS - APPROVED MR OCHS: Commissioners, I believe you have time also to take l2A, which was previously l6Kl. This item was moved at both Commissioner Fiala and Commissioner Coyle's request. It is a request to review a proposed amendment to the Collier County noise control ordinance which would specifically exempt noise resulting from permitted road racing events at the Swamp Buggy Recreation and Sports Park, and if acceptable, direct the county attorney to prepare and advertise an amending ordinance. CHAIRMAN COYLE: Commissioner Fiala, go ahead. COMMISSIONER FIALA: Yes. Let me say, first of all, I definitely want to approve this. This is a wonderful thing, so I have no problem with it. I just wanted to make sure that it was more explicit as we -- as we put it into written form, and that is, in the body of this, it says that, you know, 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. Now, that's good, but people get the idea that these are things taking place during the swamp buggy races themselves, and they don't realize that this is an every weekend event, and that's fine. You know, swamp buggy was there first, and it's a wonderful thing for our community, but I think that we ought to spell out that this could be an absolutely every weekend event so that when developers want to come Page 58 Agenda Item No. 176 April 13, 2010 Page 7 of 12 February 23,2010 in and develop something there say, for instance, an assisted living facility, they understand where they're building. Maybe they'll want to move that assisted living facility to another area. It's just like moving into an airport. You know, if you know what noise is there, you're not going to build there. But I don't think that this is made clear enough so that all of the people that might want to build residential will understand that they're going to be dealing with some noise every weekend and we approve of the noise. Did I make that clear enough? MR. KLATZKOW: Yeah, I understand the issue, One of the ways we're approaching this, ma'am -- and you'll be seeing this, I think, at your next agenda, if not the following one, on a PUD coming to you, is we're requiring the developer put in the public records the fact that this is adjacent to the swamp buggy tract and that they have regular motor races and festivals and everything else. COMMISSIONER FIALA: Every weekend. MR. KLATZKOW: Yeah, and that will be in the public record. COMMISSIONER FIALA: Okay, good. MR. KLATZKOW: So for anyone purchasing property will be on notice. COMMISSIONER FIALA: And that was my point was the every weekend, because most people -- if the developer thinks, oh, well, it's only three times a year, you know, that's not going to bother anything. He's got to know that this is an active facility where they don't just operate three times a year, but every single weekend. And so then if they -- if that doesn't suit them in their development,.well, they can put their development in another area that's better suited. I just wanted to tie up and make sure that Swamp Buggy is protected. MR. KLA TZKOW : Your Planning Commission has heard this from the board and has been very aggressive on that issue. COMMISSIONER FIALA: But it doesn't say anything like that in here. Page 59 Agenda Item No. 178 April 13, 2010 Page 8 of 12 February 23, 2010 MR. KLATZKOW: In the ordinance, no. It's going to be in the public notice. COMMISSIONER FIALA: Right, okay. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm sorry, Commissioner Fiala, I appreciate where you're going with this, What harm would there be in also including the language in here? MR KLATZKOW: None. I'll put it in there. COMMISSIONER COLETTA: Okay. So Commissioner Fiala, if you want to make a motion to that effect, I'd be happy to second it. COMMISSIONER FIALA: Okay, very good. I'd like to bring this back, this ordinance back, for approval at a future meeting, and I would like you to include that the noise associated with the swamp buggy races is acceptable to us and that -- that they understand that the noise will be coming from this facility every weekend, just so that everybody understands that. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Okay. CHAIRMAN COYLE: Okay. Let me ask you a question. Can this come back and be placed on the consent agenda next time if -- the reason you want it to come back is that you just want to look at the language and make sure it's been changed properly? COMMISSIONER FIALA: Well, I think it has to come back. That's what it says, MR. KLA TZKOW: It has to come back anyway. I never take an ordinance -- I never pre-advertise an ordinance for the board. CHAIRMAN COYLE: Okay. All right. MR OCHS: It can come on summary though. MR. KLATZKOW: Summary. MR. OCHS: If you prefer. CHAIRMAN COYLE: Okay, very well. Now, before we take a vote, I have another question. I Page 60 Agenda Item No. 17B April 13, 2010 Page 9 of 12 February 23, 2010 understand that the ordinance will not necessarily accomplish this, but we need to have a way of doing it. I believe, if my memory serves me correctly, that we did it when there was a development approved near the Marco airport, and we wanted to avoid any problems with the aircraft and conflict of noise and that sort of thing. We required the developer, prior to selling any property in that development or any developments within a certain radius of the airport to notify each prospective buyer and have them sign and acknowledge that they are aware of the airport and the fact that it creates noise. I'd like to see the same sort of thing done for the sports park. That puts everybody on record. Because just putting the developer on record isn't really enough, because a developer will then sell the property to somebody else who will claim they didn't have any idea that this was ever happening. And so, can we find a good way to do that? MR. KLATZKOW: We are doing that. CHAIRMAN COYLE: We are doing that. MR. KLATZKOW: Yes, sir. And what I'll do is, I'll bring this ordinance back for the board's approval at the same time as this PUD comes before the board so you can see how the two tie in. CHAIRMAN COYLE: Okay. Now, what are our guidelines with respect to the distances from the sports park? I mean, what other PUDs are likely to receive a similar restriction in their PUD? Do we have a guideline? Do we say a mile, two miles or whatever? MR. KLATZKOW: We've been doing -- we've been doing tracts' that are adjacent to the sports park. CHAIRMAN COYLE: Only adjacent, huh? So a small development of a few acres then bounded by another very large development where many people might live would be exempted from this notification or requirement? MR. KLATZKOW: No. We just haven't had that occurrence at Page 61 Agenda Item No. 17B April 13, 2010 Page 10 of 12 February 23, 2010 the Planning Commission yet. I mean, the Planning Commission's taken this on a development-by-development basis. Developments that have been adjacent to it have been getting it. Developments that have been far away have not been getting it. We haven't had a circumstance that you describe it. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Commissioner Fiala was first. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: One last thing. I just wanted to make it clear that this is now -- this ordinance is for this particular property. If Swamp Buggy happens to move to another property, does this follow with it? MR. KLA TZKOW: The ordinance was constructed that it is only for this property. COMMISSIONER FIALA: Okay. MR. KLATZKOW: I can construct it so that it will move with the Swamp Buggy if you want. COMMISSIONER FfALA: Well, no. You know, because we don't know where -- you know, we don't even know if they'll ever move. But if they do and if they happen to move into an area that's already populated, then I think we need to address that at the time. CHAIRMAN COYLE: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: Yeah. I think when you look into this, see what kind of ordinances other communities have in regards to motor racing or some type of -- where you have un-muffled engines so that we make sure that we encompass a large area. Could be a half-mile away. But just to make sure that people understand that this is a motor racing event. And not only motor racing, but when you have concerts, it could be loud music and that -- also depending upon what direction the wind's blowing. So we want to make sure that we encompass that so we don't end up with suits in regards to this. Page 62 Agenda Item No. 17B April 13, 2010 Page 11 of 12 February 23,2010 CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: You can research that. MR. KLATZKOW: We looked at the Daytona as an example, because I figured, you know, what makes more noise. Your issue really is, if you're going to permit somebody to do something, all right, then when they do that thing, it's kind of hard to send enforcement after them, COMMISSIONER HALAS: Good. MR. KLATZKOW: You know, that's why -- for the exclusion. COMMISSIONER HALAS: Okay. So it sounds like you've researched it fair enough? MR. KLATZKOW: Yeah, we have. COMMISSIONER HALAS: Okay. You answered my question. Thank you. CHAIRMAN COYLE: We have a motion by Commissioner Fiala to bring this item back with amendments, and a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. And now that brings us to our time certain at 11 p.m -- MR. OCHS: Yes, sir. CHAIRMAN COYLE; -- 11 a.m. Page 63 Agenda Item No. 17B April 13, 2010 Page 12 of 12 16D . Friday, April 2; 2010 . NaplesD~~~~B""~ ";~:"'" , ,.-,<, "., ,--> , ~:, ::~72:, ,,,_'~,::::~-":"-'^~"~^~ H',_ NOTICE OF INTENT TO CONSIDER ORDINANCE ~~~,e 1d~~~lat~~e~u1~~~g~n c~lfi:de~u~f/IG~~~r~~~~tj~e~~r.B~~~{O~:t ~~~ miami Trail. - Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A:M. The titl,e of the proposed Ordinance is-as follows: AN ORDINANq,W .THE BDARD OF COUNTY COMMISSIONERS OF COt"ER COUN. "TY,' FtoRIDA.)(M,NDING ORDINANCE.. NO. 9O-17,AS.,AMENDED; THE COLLIER ig~~:'j.R~e:&\Na~fJ"~?iN ~~~~~~gr :O~s"ENDINGSEarON'SEVEN. ~R~WO USES' AT THE"CllIlsENT LOCATlON. OF THE .IvY ON AND SPORTS PARK; PROVIDING FOR ACTUAl AND RECORD F THIS EXEMp. TION; PROVIDING FOR INClUSION IN THE' CODe OF LA'WS tNANCES; PRO- VIDING FOR CONfLICT AND SEVERABILITY; AND PROVIDING, FORAN EFFECTIVE DATE. ' . Copies of.the proposed 'Ordinance arE' on file with the Clerk to the Board and are available for inspection., All Interested parties are invited to attend and be heard. NOTE: AU pe,f'5ons wishing to -speak on any agenda item must register with the ~~~~~U:ld~~n~r:~t~iIF~~rlj~~t!Jets~nsta,;:~~~: ~~~nal~~~a. ii-h~ s~Je~0~~1r:s~~~ dividlJal to speak on behalf of an organization or group is encouraged. If recog" nized by the Chairman, a spokewerson for a group or organization may be allotted 10 minutes to speak on an item. " Persons wishing to have written or graphic materials included in the Board agen- g~t!li~~~~~r~~~ ~~b~~~ s~~~e~~~~:~ a m~~~:ral;ni~:e~d~d:~ ~O~O~si~~es~;h: Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board witf become a permanent part of the record. Any person who decides to appeal a decision of the Boa.rd will need a-rE!C9rd of the proceedings pertaining thereto and there!ore, may need to ensure that aver- ~~i~~n~:~o;~n o~hti~h fh~~~~~i~I~~ ~~s~~.d~,' whICh record includes the .testiZIOOY and If you are a person with a disability who needs any accommodation- in order to par~ tiClpate in thIs proceeding, you are entltl~d. at nO cost to you, to the provision of ~~~:n l~~~~~dnc~t Pj3~~e ~~~~~~i t~~a~OI~I:~, C~~71~j:gac~.je~~f~~g~~ri~~ D;fla11~ '~~;9l~~~-:~~~~~~j~~~rs~ig~~~~ devices for the h~arif1g impaired ar~.,avaj]able in BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk Amil') ')010 Nn184"t;~~