01-08-2002 - Workshop
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THE CITY OF EDGEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Asst. to City Mgr. Elizabeth J. McBride
December 3 1, 2001
-PUBLIC NOTICE-
The City CounCil of Edgewaterwill hold a workshop sessions at 6:00 p.m.,
Tuesday, January 8, 2002, in the Community Center. The purpose of the meeting is'
to discuss issues related to Noise and Special Activities.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to
any matter considered at a meeting or hearing,. that individual will need a record of the proceedings
and will need to insure that a verbatim record of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate
in any of these proceedings should contact City Clerk Susan Wadsworth. 386-424-2407. prior to the
meeting.
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CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(386)424-2404 FAX-(386)424-2421
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THE CITY OF EDGE WATER
POST OFFICE BOX IOO-EDGEWATER, FLORIDA 32132-0100
Noise Ordinance - first draft
Definitions
Decibel - a unit in which the levels of various acoustical quantities are expressed
Emergency work - any work performed for the purpose of preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency
Person -any individual, association, partnership or corporation, and includes any officer, employee,
department, agency or instrumentality of the United States, State of Florida or any'political subdivision thereof
Sound level meter - an instrument used to measure sound pressure levels when properly calibrated and is of
Type 2 or better as specified by ANSI standards
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Cultural event - any event drawing a large attendance for entertainment, amusement, enlightenment or
recreation purposes, which in the determination of the City Council, has <?r is likely to become a community
event integrated into accepted social practices or traditions
Emergency - any occurrence or set of circumstances involving actual or immanent physical trauma or property
, damage which demands immediate action
Noise' _ any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse
psychological or physiological effect on humans '- ~~
Noise nuisance - sound which is or may be harmful or injurious to the health or welfare of any person; or
unreasonably interferes with the enjoyment of life, property or outdoor recreation of a reasonable person with
normal sensitivities; or is of such character and level as to be detectable by a considerable number of persons so
as to interfere with their health, repose, or safety or to cause severe annoyance or discomfort ~ ~
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Real property line - a~ne along the ground surface, and its vertical plane extension, which
separates the real property owned, rented or leased by one person from that owned, rented or leased by another
person, excluding intrabuilding real property divisions
Sound - an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in
a medium with internal forces. The description of sound may include any characteristic of such sound, including
duration, intcnsit; and frequency, '" "........ ~~ - ~--,,-L ~ ~ ~ ~
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Sound level - the weighted sound pressure level obtained by the use of a metering characteristic and weighting
scale as specified by ANSI standards, if the weighting employed is not indicated, the A-weighting shall apply
Ambient noise - all encompassing noise associated with a given environment, being usually a composite of
sounds from many sources
Plainly audible - any sound that can be clearly heard by unimpaired auditory senses based on a direct line of
sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass
reverberation
Section One - Policy
It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make, cause or allow
the making of any noise or sound which exceeds the sound level limits (dBA) set forth in this article. Noise
emanating from the subject property after the owner has or should have knowledge of the noise nuisance
condition shall be deemed to continue with the permission of the property owner.
Section Two - General restrictions
1. No person shall operate or cause to be operated any source of sound from any subject parcel in such a
manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use
occupancy in Table 1, when measured at or beyond the property boundary of the subject property from
which the sound emanates.
2. Sound or noise emanating from one use occupancy category into another use occupancy category with a
different noise level limit shall not exceed the limits of the use occupancy category into which the noise
is projected.
Manufacturing/industrial
Noise sensitive zone
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Table One
Time
7:00 AM -10:00 PM
10:00 PM - 7:00 AM
7:00 AM - 10:00 PM
10:00 PM -7:00 AM
All times
All times
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Section Three - Specific noises prohibited
In addition to the maximum permissible sound level limits set out in Table 1, and unless otherwise exempted by
this article or by act of the City, the following specific acts, or the causing or permitting thereof, are hereby
declared to be in violation of this article:
1. Horns, signaling devices, and other similar devices - the sounding of any horn or signaling device on
any automobile or other vehicle, except as a danger warning; the sounding of any signaling device for
.,) ~ any _unnecessary or unreasonable period of time; and the unreasonable use of any signaling device.
~ J:./ Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of
)I- churches are exempt as are train horns, in approach of a crossing or as notification of an emergency
situation as well as noises resulting from any authorized emergency vehicle when responding to an
emergency call or acting in time of emergency.
2. Loudspeakers, public address systems - Using or operation for any purpose any loudspeaker, public
address system or similar device such that the sound there from creates a noise disturbance within a
noise sensitive zone or any other use occupancy in accordance with Table 1.
3. The intentional or repeated creation of a noise disturbance through the acceleration, turning or stopping
of any motor vehicle.
4. Animals - Owning, possessing or harboring any animal or bird which, frequently or for continued
duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary
noise across a residential or commercial real property line or within a noise sensitive zone. For the
purposes of this ordinance, "barking dog" is defined as a dog that barks, bays, cries or howls or makes
any other noise continuously and/or incessantly for a period of ten (10) minutes or barks intermittently
for one half hour or more to the disturbance of any person at any time of day or night, provided,
however, that a dog shall not be deemed a "barking dog" for the purposes of this ordinance if, at any
time the dog is barking or making other noise, a person is trespassing or threatening to trespass upon
private property in or upon which the dog is situated or any other legitimate causes for which the dog is
provoked.
5. Loading and unloading - Loading and unloading, opening, closing or other handling of boxes, crates,
containers, equipment, building materials, garbage cans, dumpsters or similar objects between the hours
of 7:00 PM and 7:00 AM on weekdays and 7:00 PM and 8:00 AM on weekends or holidays within 150
feet of a residential property line or noise sensitive zone.
6. Construction or demolition - Operating or causing the operation of any tools used in construction,
drilling, repair, alteration, or demolition work between the hours of7:00 PM and 7:00 AM on weekdays,
or between 6:00 PM and 10:00 AM on weekends or holidays in or within 150 feet if any residential or
noise sensitive zone, except for emergency work by public service utilities or by special permit approved
by the City. This section shall not apply to the use of domestic power tools.
7. Domestic power tools - Operating or permitting the operation of any mechanically powered saw, drill,
grinder, lawn or garden tools or similar tool between 10:00 PM and 7:00 AM on weekdays, or 10:00 PM
and 8:00 AM on weekends and holidays, unless said equipment is operated inside of a building or other
structure so that the sound therefrom does not travel across any residential real property line or noise
sensitive zone. All such equipment shall be properly muffled and maintained in working order so as not
to create excessive or unnecessary noise.
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Section Four - Classification of use occupancy
For purposes of defining use occupancy the City's Land Development Code shall describe residential, multi-
family, industrial and commercial designations. All property containing permanent sleeping quarters, other than
sleeping quarters in public lodging establishments, shall be considered residential use. All public-lodging
facilities, as defined by Florida Statute 509.013 (4) shall be considered commercial use. All premises
containing businesses where sales, professional or other commercial activities are conducted shall be considered
commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use.
In case of multiple uses, the more restrictive use category shall prevail. Hospitals, nursing homes, schools,
libraries and churches shall be considered residential uses.
Section Five - Measurement standards
The following standards shall be used in the measurement of sound level limits of noise:
1. The measurement of sound or noise shall be made with a decibel or sound level meter operating on the
A-weighting scale of any standard design and quality meeting the standards prescribed by the
American National Standards Institute for a sound level meter. The instrument shall be maintained in
good working order and calibrated prior to each use. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone used during measurement shall
be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A
windscreen for the microphone shall be used when required.
2. The slow meter response of the sound level meter shall be used in order to best determine that the
average sound has not exceeded the standards set forth in Table 1.
3. The measurement shall be made at the property line on which such noise is generated, or perceived, as
appropriate, five feet above the ground.
4. In the case of an elevated or directional sound or noise source, compliance with the noise limits is to
be maintained at any elevation at the boundary.
Waivers for cultural events
J.J. The sponsors of a cultural event, which will occur infrequently and which reasonably may not meet the noise
E,. standards and regulations provided above, may submit a request for waiver to the City Council, along with
~ proposed precautions and conditions. The sponsors shall also provide 15 days written notice to each registered
r~ Homeowner's Association withl!ifone mue of the proposed event, including a description of the event and
proposed conditions, the name and telephone number of a contact for more information, and the date and time
when the matter will be considered by the City Council. City staff shall review the proposal and comment on
the reasonable expectations of compliance or non-compliance with the provisions of this ordinance and the
likely impacts to the surrounding community. The proposal, along with staffs comments, shall be reviewed by
the City Council at an advertised public hearing. Any waiver granted will specify which provisions of the
ordinance are waived, the times they are waived, and any additional conditions which apply.
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
~pecial Activities - first draft
. December 27, 2001
Definitions
Special activity - any public or private activity held within the city limits of Edgewater in which
it can be reasonably anticipated that the number of persons attending the activity will exceed the
on-site parking available at the premises upon which the activity will take place and that services
will be required beyond that which are regularly provided by the City such as additional traffic
control, crowd control, fire and/or emergency services, street closures, cleanup or other
municipal services which may be necessary to service the activity.
Special activity master plan - a master plan defining all planned special activity activities for a
six-month period.
Civic group/non-profit organization - any group that meets for the improvement of the
community and whose main function is to make the community a better place to live either by
deed, donation of time or finances. A tax-exempt certificate is not necessary if the group meets
the above state criteria
Special activity permit - a permit issued to authorize a special activity. A special activity permit
can be issued based on a special activity master plan or a special activity permit can be issued
independently of a special activity master plan.
Special' activity master plan permit - a six-month permit issued by City C9uncil to authorize
special activities in accordance with the master plan.
Private business - any enterprise operating for profit.
Sponsor/promoter - any per'son, group or entity ultimately responsible In full or part for
producing, operating, sponsoring or maintaining a special activity.
City sponsored activity - sponsored or co-sponsored by the City Councilor any City department
for the benefit of the residents of the community.
Community activity - activities which take place on City owned or controlled property in which
the general public is invited to participate.
Outdoor entertainment - entertainment in the form of music, singing, speaking and similar
activities, amplified or non-amplified that is located outside of or partially outside of the area of
the sponsoring property permitted for normal retail sales or services. / /
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Section 1 - Scope
To establish policies and procedures pertaining to special activities, including but not limited to
outdoor entertainment, to ensure compliance with all applicable City and State requirements. A
special activity master plan permit is recommended for all businesses or sponsor/promoters
seeking approval for a series of special activities during a six-month period. An authorized
holder of a special activity master plan permit is authorized to conduct special activities in
accordance with Section 4 as described herein. Applicants seeking a special activity permit that
is not part of a master plan shall comply with Section 5 as described herein. Special activity
permits will be required for ALL special activities held within the City limits of Edgewater.
Section 2 -Special activity master plan application reQuirements
An approved application for a special activity master plan shall authorize the holder to conduct
pre-approved special activities.
1. A special activity master plan application must be submitted by any private business or
sponsor/promoter wishing to conduct any of the following:
.) ", . Special activities during any of the two week periods known as Bike Week and
Y1 ~/./ Biketoberfest.
'~' ~Jr r' · Single day activities in excess of five activ. ities during a six month period
I Y:. t.~). One activity lasting longer than 5 days during a six month period
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\:!, / ~. Outdoor entertainment/amplified sound is permitted at the following times and days: ~
v L · Weekdays 1>:00 AM until 8:00 PML r d'l ~ ~ -;I.- [! ~
. Friday and SaturdaylAOIO:OO AM until 10:00 PMj ~ 7C, ~
. Sunday -#' 10&0 AM until 6:00 PM
Section 3 - Special activity n:~ster plan application process II /' j~ :vL
1. A special activity master plan application must be completed and submitted to the
Planning Department. A conceptual site plan must be provided that depicts the location
of any permanent or temporary structures on the site, emergency vehicle access, patron
ingress and egress, vendor locations, locations of entertainment, locations of sanitary
facilities and a parking plan. The master plan application will contain information
regarding all of the special activities planned during a six month period including dates
and times of activities as well as anticipated number of participants/patrons. Activities to
be held during the six-month permit period may not exceed one lO-day activity (during
Bike Week and Biketoberfest) and 57\'-one-day activities. One-day activities can be
combined to be 2 consecutive days once during the six-month permit period.
City staff will review the submitted application for completeness and schedule a
Technical Review Committee meeting with the applicant. Written comments of staff
recommendations and issues addressed during this meeting will be generated to
accompany the special activity master plan application that will be submitted to the City
Council for review and consideration.
3. City staff will notify adjacent property owners within 300 feet of the site requesting the
special activity master plan of the date and time of the City Council meeting in which the
application will be reviewed. Applicant shall furnish names and addresses of affected
property owners to City staff.
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4. City Council will review the special actIvIty master plan application and staff
comments/recommendations. Based on the documents and input from all concerned
parties, the City Council will either grant or deny the permit, in whole or in part. The
permit, if approved, shall be good for the six-month period for which it was submitted,
January 1st through June 30th or July 1st through December 31 st. Deviations from the
approved master plan may not be made related to the conditions and scheduled dates
contained in the application without prior approval of the City Manager.
5. Completed special activity master plan applications for the January-June time period
must be received by the Planning Department no later than November I st of the current
year. Applications for the July-December time period must be received prior to May 1st
of the current year.
Section 4 - Special activity permit application process for activities as part of an approved
master plan
I. A special activity permit will be required for each special activity held within the city
limits of Edgewater.
2. A special activity permit application must be completed and submitted to the Planning
Department for review by City staff. The application must include specific dates and
times of the planned activity (including set up and tear down), number and types of
vendors, type and hours of entertainment, specific parking layouts, quantity and location
of sanitary facilities.
3. No later than 10 business days after the receipt of the completed special activity permit
application, the Planning Department shall either issue the permit or provide the applicant
with written reasons for denial and/or delay of the permitting process.
4. No permit application shall be processed without receipt of the fee established by the City
Council.
5. No media advertisement of the special activity can be done prior to submittal and
approval of the special activity permit application.
Section 5 - Special activity permit application process for activities not part of an approved
master plan
1. A special activity permit will be required for each special activity held within the City
limits of Edgewater.
2. A special activity permit application must be completed and submitted to the Planning
Department for review by City staff at least 60 days in advance of the activity. The
application must include specific dates and times of the planned activity (including set up
and tear down), number and types of vendors, types and hours of entertainment, specific
parking layouts, quantity and number of sanitary facilities.
3. The completed special activity permit application and staff comments will be provided to
the City Council to review and consider at the next regularly scheduled meeting. City
staff will notify adjacent property owners within 300 feet of the site requesting the special
activity master plan of the date and time of the City Council meeting in which the
application will be reviewed.
Section 6 - Temporarv structures
It shall be the responsibility of the applicant of the special actIvIty to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure. The Building Official and Fire Marshal shall verify such compliance is obtained.
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Section 7 - Inspections to ensure compliance
The City shall provided scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City and State codes. Appropriate State
agencies are responsible for the inspection of amusement rides and public food preparation
facilities.
Section 8 - Penalties
Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain
a special activity permit shall be punished by a fine of three times the cost of the application fee
as well as all associated City fees. No further special activities shall be authorized until all
penalties are current. A repeat offender shall not be eligible for a special acti,:ity permit for a
one-year period. i;l--.e.i- +A' ~~.;;V..L-<-4?J
Section 9 - Exceptions
Any special activity sponsored/promoted by a civic group or non-profit organization or co-
sponsored by the City of Edgewater may be exempt from any and all fee requirements. This
decision shall be rendered by the City Council and any waiver granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall
not mean that the sponsor/promoter has any rights to future waivers.
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Doris A. Hill
112 Lincoln Rd.
Edgewater, FI. 32141
January 2,2002
Dear Mr. Hooper,
In answer to your letter of 12/27/01 and pursuant to my telephone call to you on
12/31/01, I would like to submit my thoughts for the Council, staff, and your review.
1. I agree that we do need a noise ordinance, but more important, we need to implement
strict enforcement. A good place to insert it could be Article III Special
ActivityIPermit Requirements, Section 27-37.03 - Permit Criteria.
2. As to Special Activities - 1 at Draft, before we make any changes to our current policies
and procedures in the Land Development Code of8/01, I believe a meeting with the
Council, staff, city attorney, and Planning and Zoning Board, as well as any other
interested parties should be held to ensure that everyone fullv understands what
the current Land Development Code means. The City of Edge water has spent
years in developing these codes, which are written in precise terms to cover every
aspect of these policies and procedures. By necessity, the codes are complicated, but
no decision should be made until the zoning implications, rights, uses, and general
provisions as they currently exist are clear to everyone involved.
3. I believe we have one particular business designation, e.g., Bars/Restaurants
attempting to expand their business in a way that is incompatible with the surrounding
zoning, which in this case is residential. The business in question has a capacity
limitation as a condition of doing business. To get around this limitation, they would
like to extend their business outside, which takes over their parking area, and in so
doing, take the noise outside as well. At this time, it does not appear that all the
council members are aware that our present codes already address all of these issues.
Now the Council is being asked to make decisions that impact every resident and
business in the city, not only for the present, but for the future. That is why it is so
important for the Council, not staff, to have the responsibility for all decisions
pertaining to the Conditional Use Clause (CUP) and the Special Activities Permit,
since the Council, not staff answers to the citizens of the city.
R~ectfull~,
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Doris A. Hill, Attendee
cc: Mayor and Council
January 2, 2002
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Honorable Don Schmidt
100 Riverside Drive
PO Box 100
Edgewater, Fl32141
Dear Mayor Schmidt,
My name is Douglas E. Hamblin and I reside in Edgewater Landing Adult Community. I live at
820 Navigators Way and have live here for approx. 13 months. I have just heard the City Council is
planning and/or are drafting a new ordinance pertaining to issuance of special event permits for
outdoor music. I understand at present there is an ordinance in affect that allows a merchants the
ability to file for a special permit that allows for such happenings. I further understand this permit if
granted allows for (1) one event for up to 10 days and a merchant can apply for such type permit
once every 6 months. I understand that through lobbying technics two merchants have persuade the
council to formulate a new or to amended the old ordinance which will expand the 6 month permit
to 1 ten and 5 one day events every 6 months. As a citizen of the city of Edgewater and a resident
of Edgewater Landing. I am adamantly opposed to such an amendment or expansion or change to
the existing ordinance and/or any new ordinance pertaining to the issuance of a "Special Event
Permits For Outdoor Music".
I enjoy the peace and quit the city of Edgewater affords me. The present traffic on U.S. 1 is
increasing all the time (It is hard to keep a place like Edgewater a secrete and all to yourself for to
long) but it still not as bad as Daytona. If I wanted that, I would have moved closer to Daytona like
Port Orange or even into Daytona. I am sure the cost for the extra police, city services, surely is not
off set by the cost of the permits and we the citizen of Edgewater have to carry the burden in our
tax dollars.
I know that the merchants need to make the money when it is there to be made. I am willing
to put up with the noise and traffic for the two events that seem to have outside music, that being
the two main bike week events. I knew that coming into the city and near Daytona. Now the
situation is changing and I wish to let know my objections to this new ordinance. Mr. Mayor I plan
on being at the work shop on Jan 8th. I did not know if I would be able to talk to you personally.
Alternatively, even have a chance to speak at the workshop. You see this will be my first experience
on attending one, that is why I am taking this time to write to you now.
I would like to thank you in advance for your time in reading this letter and listening to my plea.
Please do not support a new, amended or expanded version of any ordinance pertaining to Special
Event Permit for Outside Music. I believe the present ordinance serves the city and all concern well
enough!
Sincerely,
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\)o~ E. Hamblin
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-Oate:<v,)~12131/01 :09:40 PM Eastern StandarcLlirne
'~FrOm" Rn,:fartinez9@cfI.rr.com (Richard Martinez)
To: 'hippo12188@aOl.com (Donald Schmidt)
CC:'hillfox@atlantic.l)et (Doris HilD~'
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Don, I had neJ read the News-Journal before talking to you yesterday. VVhen
I read the afticle,abo!Jt the Jan 8th workshop being closed to public comment
I was ince,nsed. Att~e la~t workshop, which was closed to ,comment, we were
told we would be giwn an opportunity on January 8th. ; ~ '.
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You asked why more of the residents don't attend council meetings and here
you give'them a reason. We don't.want to hear rom youl Judy Lichter has
been publicly saying that she doesn't want to hear rom us at meetings or
otherwise. It's . pretty clear'that there is agreement on the council that
this outdoor rnusic ordinance will ~ pushed through and public sentiment
will be silenced and ignored. ~
This issue is avery personal one to me. It's said that a man's home is his
castle. You are about to imade my home and castle and you refuse to.
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listen. '
I have been holding back from any public display until now. The council's
and staffs efforts to silence any opposing \Oice has changed that. As a
result I plan to mpunt a very loud and spirited public opposition to this
insane plan to expand outdoor music, noise" traffic congestion and all that
will 'come with it.-
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Return-Patti: <Rmartlnez9@cfI.rr.com>' , "
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From: "Richard M~rtjnez" <Rmartinez9@c1trr.com>
To: "Donald Schmidt" ~hippo12188@aol.com>
Cc: j'Doris Hill" <hillfox@atlantic.net>
Subjecf'Outdoor.,Music .
Date:"Mon, 31 Dee 200115:09:17 -0500
Message'..ID;'~NMEMKFOMGFAGMGPCJKPNAEAMCCAA. Rmartin'ez9@cfI.rr.com>
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Tueschly, January 01, 2002 Amerlca Online: Hlppo12188
Palle: 1
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Richard Martinez
317 Schooner Avenue
Edgewater, Florida 32141
Rmartinez9@cfLrr.com
Tel (386) 427.6027
- -
2m2 JAN - 3 PH q: 06 I
January 2, 2002
Mr. Kenneth Hooper
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
Dear Ken,
Thank you for the time this morning to discuss the Special Activities and Noise Ordinances. I have
attached a page of comments for each ordinance draft.
I want to reiterate my opposition to the Special Activities Ordinance. The reason for these
special permits, to put it simply, is to benefit a merchant who refuses to invest in the facilities required to
conduct his business indoors. Instead he imposes an outdoor business and its problems, noise, traffic
congestion, etc. on the surrounding residential neighborhood.
The city has allowed limited special events for a few years. It hasn't worked. The city has had repeated
complaints about the one merchant from adjacent residential property owners and yet the city is about to
embark on a major expansion of these events with more of these bars and increased frequency of
events. In contrast our neighbor, New Smyrna Beach, does not allow outdoor music.
Residential property owners have complained about excessive noise and the city has done nothing. The
city now agrees that it has not been enforcing the current noise ordinance but proposes to expand the
number of events. The allowable noise under the new ordinance will increase from 800- 3200% for
many of our residents (see Noise Ordinance Comments). This is clearly unacceptable.
Residential property owners have observed drug use during these past events but kept silent for fear of
retribution. But still the city plans to expand the number of events. I'm sure your answer is that the city
will step up law enforcement if necessary. I beleve prevention is preferable to waging a losing
enforcement battle. I believe that increasing the number and frequency of these events will lead to
dealers moving into our area. Something that Edgewater has avoided up till now.
Residents have complaired about the effect on property values from these undesirable events but to no
avail. If the city increases the number and frequency of these events I believe that my property will be
affected also. I will take whatever action is necessary to protect my home and its value.
If this ordinance is approved we know that a total of three bars are prepared to utilize the relaxed
standards. It's easy to visualize Ridgewood Avenue, our "Main Street", becoming a series of Biker Bars
and Honky Tonks. This is nct what the residents of Edgewater expect from their city planners.
It's time to eliminate ou~ _
V
cc: City Council Members, Ms. Jean Morgan (N-J)
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Noise Ordinance (draft) Comments1
Sound level meter - calls for a Type 2 or better as specified by ANSI standards. There are man v ANSI
Standards. These are raoidlv beino reolaced bv ISO standards. I recommend citino a soecific standard
which can be suooorted leoallv.
Sound level - cites A- weighting to be used in measurements Most measurements usino A-weiohtino are
taken at low audio levels. At hioh levels (70 db) C-weiohtino is oenerallv recommended in technical
manuals. Usino A-weiohtino will result in J-5 db lower readinos at the hioher levels due to filterino of
bass freouencies below 500 hertz.
Table One - the listing for Resdential noise standard 7AM - lOPM recommends a "Range 60-70" I don't
understand the use of a ranoe? A maximum needs to be decided. 70db is the eouivalent of a busv
hiohwav. Manv residential orooerties in Edoewater eniov a fioure as low as 25db. Assumino a hioh
'normal' environment of 50 db the recommended fioure of 70 db is the eouivalent of 1-95 noise across
vour orooertv line and reoresents a J200% increase to that orooertv. (each three db increase reoresents
a doublino of oower). This is unacceotable.
Table One - the listing for Residential noise standard lOPM- 7AM recommends a noise figure of between
50-60 db This fioure is the eouivalent of someone soeakino in a loud voice at vour orooertv line (at
JAM!). For examole: a readino at mv house at nioht is a tvoical country readino of 25-JO db. This would
be allowed to increase 800% under the new ordinance (each three db increase reoresents a doublino of
oower). This is unacceotable.
Section Three - Article 2,4 & 5 refers to a "noise sensitive zme" No reference is found anv where else in
the document includino the definitions. What is a ''noise sensitive zone'?
Section 5 - Measurement standards article 2 refers to "The slow meter response" and "average sound".
These are not technical terms and are subiect to aroument as to their meaninq. It aooears that the
intent is to use the Root Mean Souare (RMS) readino rather than oeak readino. RMS is a scientific term.
However the RMS readino will be 10-20 db lower in manv cases than the oeak readino.
SUMMARYThe current noise ordinance proposal will be a residential property owners nightmare. It
substitutes a standard that equates to J.95 noise running through your property for the present bucolic
country sound of rustling leaves and birds singirg in the distance. It replaces a 25 db environment with a
70 db standard for outdoor music. A change from 50 db to 70db represents a 3200% increase.
Note 1 Although I do not consider myself an expert in acoustics I have 36 years of broadcast engineering training and experience. During that
time I designed and built two major broadcast centers as well as several Outside Broadcast (OB) packages for a major U.S. Radio network. I
retired as the Vice President of Engineering and Operations.
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Special Activities - first draft
Section 2 Article 1 - first bullet point implies that both Bike Week and Biketoberfest are two week periods
each conflictinq with Section 3 (one ten day activity.. ..).
Section 3 Article 5 - reference to November 151 of the current year Should read November 1st of the
precedinq year. As written the master plan application would not be due until after the activity.
Section 7 typo - the word provided should be provide.
Section 8 - Penalties A penalty of three times the application fee is hardly a penalty!
SUMMARY At present only one merchant operates outdoor music for several days each year. Numerous
complaints and non enforcement of noise ordinances are the hallmark of this merchant's operation. Now
the city plans to permit three merchants and increase the activities from one 10 day event each six
months to 6 events and 15 days. This means each merchant could operate outdoor music once a month
year round. One can only guess at the traffic congestion that will result.
~
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1
CITY OF EDGEW A TER
SPECIAL EVENT APPLICATION
This application must be completed in its entirety. Incomplete applications will be returned to the applicant
and may delay approva1. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
Date
Applicant Name:
Sponsor/Organization Name:
Applicant/Sponsor Address:
Address/Location of Event:
Local Contact Telephone Number:
Name of Event:
Description of Event:
Emergency #
Date(s) of Event: Time(s) of Event:
Set-up/Tear down dates: (if needed):
Expected Attendance:
Will admission be charged? ( ) Yes ( ) No
Will live/recorded music or sound amplification be used? ( ) Yes-Hours?
Will vendors be at the event? ( ) Yes ( ) No How many?
If yes, please check the following that apply:
Food
Alcoholic beverages
Soft drinks
Arts/Crafts
Other (specifY)
( )No
What equipment will be required/used? Check all that apply.
Water
Electricity
Barricades (How Many?)
Trash Cans (How Many?)
Which of the following will be used?
Banner
Booth
Temporary Tents
Fireworks/Pyrotechnics
Temporary Signs
Canopy
Amusement Rides
Portable Restrooms (How Many?)
Other (specifY)
~.
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If you are requesting City assistance with your event, please describe:
If sound amplification is associated with this event, I agree to monitor the sound level so
that it remains within the limits of the City Code. If valid noise complaints are received,
I agree to reduce that noise to a satisfactory level. Further, I understand that if reducing
the noise does not control citizens' complaints, the source of the noise will be terminated.
Signature of applicant:
Date:
FOR OFFICE USE ONLY
POLICE DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
FIRE DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
PLANNING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
BUILDING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
CODE ENFORCEMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
CITY OF EDGEW A TER
SPECIAL EVENTS MASTER PLAN PERMIT APPLICATION
NOTE: CONCEPTUAL OVERALL SITE PLAN(S) MUST BE SUBMITTED WITH THIS
APPLICA nON
This application to allow for events occurring within a six-month period. A separate Special Event
Application must be submitted for each specific event.
Date of Application
Master Plan Effective Dates
Applicant Name:
Sponsor/Organization Name:
Applicant/Sponsor Address:
Address/Location of Event:
Local Contact Telephone Number:
Name of Events:
Emergency #
Description of Events:
Dates and Times of Events (include setup- dates ifneeded):
Anticipated Number of Patrons:
SPECIAL EVENTS MASTER PLAN PERMIT APPLICATION CHECKLIST
Master Plan requirements: Site Plan (including legal description) submittals include
the following materials:
Ownership and Encumberance Report (0 & E can be obtained from a
Title Insurance Company)
Plans must show location of all temporary structures including but not
limited to: portable restrooms, tents, canopys, signs, banners, stages, etc.
Vendor areas
Parking layout
Traffic Circulation lanes (including Emergency Vehicle Access).
Patron Ingress and Egress
List of Property Owners within a radius of300 feet of the parcel that
will host each event
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