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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 . 's.~' ';. , .lI,' \1 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. ",,; ~ .-.'1 :7: ',', t, to:: . - . -- i> '" .., '" ... .., -, - . "" '" .., .... ;;! ... ", if ,",) ".I .' .1 ,.... =:~ ':'~~ ~~ .-. -. . ~.,.., - -A.r-- ... <:> rr-, i;lCJ ~ ~ looe 018 PI'.! 143 '.'t =-, 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 \\'JAriiBm?? " ,.' .IIILLt~ ,~"IU.CAll, CLEIlIt .....~..;~',. ..~..:~;.~(.:. ',", .' .., .I"'~ 'f"' r. ::: .~. . . . ~ \; "By. ') .~~ ":~"JI~';' .-: '. , '~'. , er ". "", . " 'f . .11\ \, BTI~~~ DAVID C. BIWWIl, CllAIRHAll . APPRM ro~:~ SUFFICIENCY COUNTY A nOMEI' ,.' 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 /IICA... cloy of"" A - ~ (~ and OC~'ecIg.....nt of !hot flll!'O ....Ived Ihll~ ~ "'" Of,..~.t!.Z-~~:;_ Mdch was Ildao-ted by tho Board of CoIracy C'4md.ss1oners during regular _s~ the 13th day of March, 1984. ,:'J!;!, . 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 CoIra~88~ '. .' . .'~. "'0 ....~ .' .~ ~ _e"~cy l;:~~~ ';'-' IDOl 018,I..r144 " Agenda Item No. 16K1 February 23, 2010 Page 6 of 31 l' '. PLANNED UNIT DEVELOPMENT DOCUMENT for '. 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 ;',;: ..: .. .:~- -~- . L~~' ....... ..... , ......;\ lOOK DiB"r,! 145 ;-..... ..... ". t. .:.~ .'f~ 'r\ " Agenda Item No. 16K1 February 23, 2010 Page 7 of 31 I". CON'l'ENTS ~.i! 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 ".; ..;'::. '" .tr '?y ...; ~~. . Ib/NM,./lOO 1 lOOK 018 Plr,t 146 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 lb/NM.'S/100 1-1 tOOK 018,1"( 14 7 , . 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. . Ib/NATB/lOO \.'~ 1-2 loDe U18".,! 148' 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. lb/NAT8/100 2-1 aoax 018 'I"! 14.9 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. < 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. lb/NAT8/l00 3-1 ,ooe 018 PW 150 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. lb/NA'rB/100 4-1 aoaK 018 ~lr.t151 \ 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. Ib/NAT8/100 4-2 aooe (Jj[~r.~!j[f)~ 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. .', lb/NATB/1DD 4-3 lOOK 018 par.r 153 \ 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. lb/NM'S!100 5-1 lOOC 01t~rl~! 154 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. B. ~ ~ i " 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. I .,. Ii ." i"' il ~' H. lb/NAT8/l00 5-2 aOOK 018,ar,! 155 I 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 1b/NATB/I00 5-3 eooc 018 'l~! 156 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. . lb/NA~8/100 5-4 ,oo~ 018,.,,! 157 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. . lb/NAT81100 s-s aOOK 018 '."r 158 ; Agenda Item No. 16K1 February 23,2010 Page 20 of 31 00 ,.... 0' '. MEMORANDUM .... ", 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: ,I .' 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 .. . ,.' -.. i' I , TO I Ann Page 2 November --'''- 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. :oj . e) lOOK 018,w 160 y.' - . ,.. " I 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. . .' 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. ". .' :J'P ,. ILB/JFH/mf aOOK 018,Ir,r101 ~ ';\ ~ ~ ] J I :z: ri! ~ ~:IY 11~ 1 I , Agenda Item No. 16K1 February 23,2010 31 , , . t i 3 1 ! ,.... .; : I "'. I aoo( 018 rl~! 1R2 ] J ~ . .. w .. .. ~ ~ . .' ~ iJ~ 9ri i 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.