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BCC Minutes 10/20/1993 S (Adequate Public Facilities Ordinance) Naples, Florida, October 20, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners In and for the County of Collier, and also acting am the Board of Zoning Appeals and as the governing board{s) of such special districts as have been crested according to law and having conducted business herein, met on this date at 5:05 P.M. in SPECIAL SESSION in Building 'F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saundere VICE-CHAIRmAN: Timothy J. Constantine John C. Norris Michael J. Betrye J.. Matthews ALSO PRESENT: Ellis Hoffman, Deputy Clerk and Annette Iluevtn, Recording Secretary~ William Hargett, Assistant County Nanagx~r~ Ken Cuyler, County Attorney~ NarJorie Student and Natthe Howell, Assistant County Attorneys; David Pertrow, Long Range Planning Director; Tom Conrecode, Office of Capital Projects Management Director; Stan Litsinger, Growth Management Chief; Dick Clark, Code Enforcesent Supervisor; Jeff Perry, Chief Transportation Planner~ Margret Bowles and Diane Rolling, Planners; and Lieutenant Byron Tomlinson, of the Sheriff's Office. Page, 1 October 20° ~993 i.' Tape .-~ COI2IDII~TIOI OF Idl ORDII~I!ICE TO BI ~ ~ ~ CO~LI~ CO~ ~1~1~ ~IC FICILITIIS O~IN~CI, ~OVIDIN8 FOR ~ ~ OF 0~I~ P.~. Legal notice having been published in the Naples Dally Nl~ws on October 12, 1993, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Growth Management Chief Litsinger advised that this is the first of two public hearings for the Board~s consideration of the Adequate Public Facilities Ordinance which will repeal and replace the current Adequate Public Facilities Ordinance 90-24. Mr. Litsinger detailed the changes of the Ordinance which had substantive changes as the result of the re-write. Mr. Litsinger called attention to the Ordinance, the top of Page 8 and pointed out that the Road Level of Service Standards for Interstate and State Highways is Incorrect. He stated that correc- tions will be made prior to the second hearing. A discussion ensued with regard to 7.4.2 "Standards in Establishing Area of Significant Influence (ASI). Mr. Lttstnfer explained that the ordinance contains standards for drawing the boun- daries of any proposed ASI. He noted that "accepted transportation planning practices" was previously referred to. He indicated that criteria is being used which is consistent with the Statutes, Plan, and practice throughout the State of Florida. Commissioner Saunders questioned whether the new Standards would be more Inclusive. Mr. Litsinger reported that standard planning practices put no boundaries on a particular ASI and depending on the analytical technique, could be very expansive or narrowly defined. Mr. Litsinger revealed that staff believes this places som~ cer- tainty in the concurrency process relative to the community looking at tts oknl property and how any ASI should affect same, should one! be considered. In addition, he remarked that the original definition was .00, 03 Page 2 October 20, ~993 too va~ue and gave no specific criteria. Commissioner Saunders noted that the language says these standards "shall ~uide' the development of the areas. He questioned whether there ts any ~lexibtlity to reduce the scope of the ASI when it is known that the A$I should not ~nclude that expansive o~ an a.rea. Hr. titsinger remarked that the language could be changed from "shall' to "will consider the following criteria'. Conuntss~oner Saundere suggested that Justification he provided before the second hearing. Mr. Litsinger called attention to Page 18, 8.3.1.1. He revealed that reference to waivers and releases which were previously permitted prior to a final plat or site development plan have been stricken from the ordinance. He explained that staff will present a f~rm recommen- dation at the second public hearing, after evaluating the requirements of Rule 93-5. In response to Commissioner Volpe, Nr. Litsinger explained that all f~nal plats approved subject to waiver and release and $DP's contain language stamped on them stating that notice needs to be g~ven to subsequent purchasers o~ property within the subd~vision advistn~; that concurrency requirements have not been met for the property. Commissioner Volpe remarked that there is nothing in the ordinance requiring that that notification he Included in the actual contract of sale. He cited that most people will not look at the plat that is recorded In public records. County Attorney Guylet reported that the language was de~eloped pursuant to earlier discussions initiated by the Board and title com- panies or whom.vet will have access to the publtc records shl~uld be put on notice that the ordinance exists. Commtss~oner Norris remarked that tt would be appropr~at,e to coor- dinate with the Board o~ Realtors and have them ~nclude the language in their standard contract. County Attorney Cuyler stated t:~at ~n the Interim two weeks, staff will contact the Board of Realt.~rs for their Input In this regard. Commissioner Volpe questioned whether notification ks gtven v~a P:age 3 October 20, 1993 certified mall for Certificates of Adequate Public Facilltt.es. Litsinger replied that generally, a telephone call is made. Commissioner Matthews recalled previous discussions witl~ regard to building permits that have not been picked up after a speci:ried amount of time and the suggestion was made that an applicant should then be notified via certified mall. She proposed that the same procedure be ~ollowed In this regard. Mr. Litsinger stated that staff will discuss this matter and report back at the next hearing. Commissioner Volpe voiced concern with regard to Pine Ridge Road between Airport Road and 1-75 operating at Level of Service "E" which is · deficient road segment and the possibility of this becoming a State Road. Chief Transportation Planner Perry advised that a study has been submitted by the Center of Urban Transportation Research to the Florida Transportation Commission which recommends some tran~J~er of roads, the majority or which are State Roads coming to local govern- ments. He reported that the only project affected in Collier County is Pine Ridge Road from U.S. 41 to 1-75, as an Interstate connector between two principal arterials. He explained that the proposal is to go from a County to a State facility. He indicated if this ~,roposal marches on through the legislature, that road would in fact become a State facility and would be granted whatever state standard applies to State Highways, noting that a portion would be 'D" and some may be in the tr·nsitioning areas. With regard to Section 4.33.3, Commissioner Saunders stated that he understands Hr. Corkran has indicated some disagreement in this regard and questioned staff's belief in terms of the language being sustainable. Mr. Litsinger replied that staff added deftnitl,~ns for the purposes of clarification relative to the methodology for the calculation of Level or Service and road counts in addition defintng the term "peak season, peak hour" trarfic count as ixsple- mented in Collier County in determining the current condition~s of each Page 4 October 20, 1993 segment on which decisions are based for capital improvements. He advised that he believes the methodology is sound transportation planning practice. Mr. Sewell Corkran spoke in this regard and presented a hand out (copy not provided to the Clerk's Office). There were no other speakers. C~msissioner 2aunders advised that the public hearing is closed. Cosmissioner 2sunders announced that the second public heraring with regard to the Adequate Public Facilities Ordinance will be held on II;~ :.s~wy, November 3, 1993 at 5:05 P.N. In the Boardts Clabers. O~D~ 93-77, AMENDING THE COLLIER COUNTY NOISE CONTROL O~DZNANCg, NO. 90-17 - Legal notice having been published in the Naples Dally News on October 14, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Commissioner Saunders announced that this ts the second pxxbltc hearing relating to the Noise Ordinance. Commissioner Constantine provided a synopsis of the evente~ leading to the proposed amendments to the ordinance. He noted that an ad hoc committee met and determined that there were problems in three distinct areas: level of sound; hours that amplified sound Is allowed; and enforcement. Commissioner Constantine advised that At was determined that 60 decibels (dba) would be measured at the complainant's property. He remarked that amplified music would be allowed between the hours of 9:00 A.M. and 10:00 P.M. He explained that a permitting procedure would be in effect for enforcement, and noted that 95~ of the busi- nesses do not cause a problem. He cited that the previous ordinance did not really provide for enforcement. He stated that enforcement would be handled through the Code Compliance Department. Assistant County Attorney Howell highlighted the changes to the Pag~ 5 October 20, 1993 ordinance that have been made since the first public hearing. She called attention to Page 4, Section FIve "W", which provides a better definition of property boundary In terms of where the sound will be measured when somebody complains. Assistant County Attorney Howell reported that Page 6, modifies the time frame for the measurement period from lO minutes to not less than 30 seconds. Ms. Howell pointed out that Changes to Table I occur on Page which clarifies that the word "adjoining" means within l,O00 feet of residential use occupancy or zone. Assistant County Attorney Howell referred to Pages 8 and 9 con- taining all new language relating to non-amplified music. She remarked that this does not change the current restriction on that music, which is 65 dba until i0:00 P.H. and 55 dba after 10:00 P.M. She noted that businesses providing non-amplified music are alamo required to obtain a permit and if they continue to violate those dba levels, their permit will be revoked. Commissioner Constantine cited that it would be more sensible to have levels consistent at 60 dba for amplified and non-ampli~ied music. County Attorney Cuyler advised that the opinion of staf~ is that amplified music should be treated as a special category because there is the ability to do so, however, the concern is that non-amplified music will be regarded as sound. Commissioner Constantine indicated that two different measuring levels make it more difficult for the business owner and more dif- ficult for Code Enforcement or the Shertff's Office to enforce. Commissioner Norris concurred with Commissioner Constantine's com- ments that there should be consistency. In response to Commissioner Volpe, Assistant County Attorney[ Howell divulged that there is currently a regulation for sound tehich states 65 dba ~rom 7:00 A. H. to 10:O0 P.H. or 55 dba from lO:O0 to 6:59 A.H. She noted that she felt comZortable regulating non- Page 6 October 20, 1993 amplified music in the same manner all sound is regulated. Commissioner Saunders questioned whether all sound could be treated equally from a legal standpoint. Ms. Howell replied in the affirmative. Commissioner Matthews concurred that 55 dba is the same whether it Is amplified or non-amplified. It was the consensus of the Board that up until lO:O0 P.M- 60 dba would be allowed for amplified and non-amplified music, however, after 10:00 P.M. there will be no amplified music~ non-amplified music would be allowed at 55 dba. Ms. Howell pointed out that Subparagraph 6 will be modified to reflect the Board's direction. Assistant County Attorney Howell called attention to Page 16, Section Ten, which Is an existing waiver provision but noted that Code Enforcement requested that Subparagraph 1 be added to coincide with the proposed language. Ms. Howell reported that Page 17, Subparagraph C, Includes the addition of "employee" which clarifies anyone in possession of the establishment at the time. Assistant County Attorney Howell referred to Page 18, Subparagraph E contains language for the enforcement of the annual permit. She reported that the permit will be Issued by the Community Development Services Department. Commissioner Volpe questioned whether the issuance of the permit could be tied in with the Issuance of Occupational Licenses. Code Enforcement Supervisor Clark advised that Occupational Licenses are Issued by Guy Carlton's office. He noted that he has no objection to that office Issuing these permits but suggested illat this be discussed with Mr. Carlton. County Attorney Cuyler advised that Occupational License Files are regulated and noted he is uncertain as to whether Mr. Carlton tfould want to add on this additional process. He revealed that theeel appli- cations would still need to be submitted to Development Ssrvlclss to October 20, 1993 verify whether they are within 1,O00 feet of residential. In addi- tion, he noted that the permit will be revoked by Community Development Services Administrator Brutt. The following persons spoke with regard to this Item: 3ohn Hall ~erome Brunette Valerie Farino Grady Ntnor Charlie McCormick W. C. Mitchell (Tape Stan Oober ~erry White Randy Goodell Geri Wakelet (w/2 proposals - not provided to Clerk to Board) A discussion ensued with regard to the measure of sound over a specific amount of time. Mr. Clark remarked that the 3 seconds is not a long period of time and noted that the peak sound would be measured at 3 seconds consecutively. Commissioner Constantine pointed out that there is equipm, ent available which measures the sound over a specific period of time, giving the highs, lows and averages. He expressed that he does not believe 3 continuous seconds is workable and suggested that a longer measurement period be used but non-continuously. In answer to Commissioner Volpe, Mr. Clark explained that the number of permits at $40.00 each would buy the decibel meter. He remarked that his staff is scheduled without incurring overtime. County Attorney Cuyler advised if a community event is different from that which is covered under an annual permit, the applicant would need to apply for a community event permit. County Attorney Cuyler addressed concerns relative to the waiver request and the issue of allowing amplified music to continue beyond the specified time frame on special dates, i.e. New Year's Eve. He reported that there is currently no exception in the ordinance, noted that language could be added in this regard, if the Board so desires. Xt was the consensus of the Board that additional language be provided within regard to the time constraints. see leecording Secretary Guevin replaced Deputy Clerk Hoffaan at this time. ease Commissioner Saunders closed the public hearing. Responding to Commissioner Norris, Assistant County Attorney October 20, 1993 Howell replied non-amplified music may be played at 55 dBA from 10:00 P.M. until 8:59 X.M. Commissioner Norris indicated he did not think the intent was to allow music to be played outdoors all night. He questioned ~y amplified music Is not allowed for the same time period? Commissioner Constantine explained frequency and dectbels are measured differently, and bass will not necessarily be picked up by a declbel meter unless much more complicated equipment is made available that will set frequency levels as opposed to declbel levels and thotr ratio together. Commissioner Saunders commented he has been pursuaded by the problems that will be experienced by the merchants. He suggested a middle ground be found and If that does not work, more strict regula- tions can be put In place. He proposed that amplified music at 55 dBA be allowed after lO:00 P.N. and wait to see if any complaints are received. Commissioner Volpe asked how can the proposed restrictions be enforced, and how can a person insure his own compliance? Nr. Clark explained most of the enforcement Job is providing edu- cational opportunities rather than to penalize people. He said he would not be adverse to his Staff assisting people to establish what ~5 dBA sounds like. . Commissioner Saunders noted one of the public speakers requested special consideration be given to Friday and Saturday nights and other special occasions throughout the year, such as Halloween, New Yearns Eve and St. Patrick's Day. He said perhaps a good approach would be to permit amplified music until 11:59 P.N. on Friday and Saturday, and that it only be allowed until 10:00 P.N. during the rest of the week with the exception of special occasions the Board can specify. Commissioner Constantine stated he concurs that there may be spe- cial nights during the year for which exceptions could be made, but disagreed with allowing amplified music past 10:00 P.~. every Friday and Saturday. He stated there are residents in the coamunity who "o. 000- , 10 Pa,~e 9 October 20, 1993 retire at 10:00 P.N. on Fridays and Saturdays. Responding to Commissioner Volpe, County Attorney Cuyler advised with regard to amplified sound versus amplified music, the cases he has read talk about sound as a class, the annoyance factor, and the ability to regulate sound as opposed to regulating music. He indi- cated the basic principle is, a resident in a residential district has the right not to have amplified sound in the adjoining district. Commissioner Constantine moved, to approve the following changes to Ordinance 90-17: that sound levels will not exceed 60 dli& from 9:00 &.N. to 10:00 P.N., and will not exceed 55 dBA after 10:00 P.N.; amplified sound is not allowed after 10z00 P.N.; and community events may take place art private as well a· public property. The following person spoke at this time: J.C. Gutterez (phonetic) Commissioner Constantine amended the motion to include tibet sound will be measured for · total of l0 percent of 60 seconds. Cc~mtseloner Constantine amended the motion, seconded by Cosxtmelonsr Norris, that amplified music will be allowed until 11:00 P.M. on FTtday~ and Saturdays at 55 dBA~ and that exceptions will be made to allow amplified music on HallMen, New Yeares Eva, Patrickto Day and the Fourth of July. Commissioner Volpe commented he is unsure there is a valid distinction between amplified and non-amplified music after 10:00 P.M. He said If 55 dBA of any kind of sound is allowed after 10:00 P.M., whether or not it is amplified, the sound must be Just as offensive. Commissioner Saunders agreed and stated he cannot suppor~ the motion. Upon call for the question, the motion failed 2/3 (Comminetoners Volpe, It·tthewl and 281mders opposed). CoMmissioner Volpe moved, seconded by Commissioner Conetamtine and carried-mvRtveusly, to amend the ordinance with all the chsxxges con- rained in Commissioner Constantinees motion with the mmcepticm that there will be no distinction made between amplified and non-susplified Octobe~ 20, ~gg3 momnd m~ter 10:00 P.M.; and that Ordinance g3-77 be adopted and anttx~d into Ordinance ~ook No. 63. County Attorney Guylet advised the public that the permit require- meat begins on November 30, 1993. There being no further busJneas for the Good of the County, the meeting was adjourned by Order of the Chair - T~me: 7:45 P.M. am prm&ented- BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDERS, CHAIRMAN by the Board on _j/or as corrected Page 11