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I INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator THROUGH: Stan Boling, AICP Planning Director FROM: Roland M. DeBlois, AICP-M> Chief, Environmental Planning and Code Enforcement DATE: November 26, 2013 RE: Consideration of Amendments to Land Development Regulations (LD Chapter 911, Zoning; Chapter 912, Single-family Development; and Chaff 974, Noise and Vibration Control, to Regulate the Location and So Mitigation of Outdoor Mechanical Equipment in Planned Developments Small -lot Subdivisions with Reduced Yard Setbacks to Minimize Potential Nc Disturbance to Adjacent Properties It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of December 10, 2013. BACKGROUND Charles (Chuck) Fannin and Lisa Fannin own a residence at 2820 Grand Isle Way SW in Millstone Landing, a Planned Development (PD) with reduced (five-foot minimum) side yard setbacks. At an evidentiary hearing on May 20, 2013, the Indian River County Code Enforcement Board found the Fannins in violation of the County's Noise and Vibration Control Ordinance (County Code Chapter 974) pertaining to an outdoor electric pool heater in the southwesterly side yard of their residence (approximately 2 '/z feet from the lot line). More specifically, the Code Board found that, after c nsidering evidence and testimony, the pool heater (when running) exceeds the 60 decibel (day) and 55 decibel (night) sound thresholds set forth in Chapter 974 for residential zoning districts (as measured from the neighbor's property). Consequently, the Code Enforcement Board entered an Order Finding Violation, directing the Fannins to: "install a sound barrier or take other actions as necessary to reduce the sound level (in decibels A -scale (DBA)) of the pool heater so as not to exceed 60 DBA (from 6 a.m. to 10 p.m.) or 55 DBA (from 10p.m. to 6 a.m.) when measured from the neighboring property, or otherwise apply for and obtain approi al of an ordinance amendment that changes the decibel level threshold requirement and comply with the revised ordinance, as applicable. " On July 2, 2013, Mr. Fannin addressed the Board of County Commissioners under public items about the matter and contended that most outdoor electrical units in the neighbor elsewhere in the county) exceed the Chapter 974 sound thresholds for residential zoning distric reason, Mr. Fannin recommended that the Board revise the ordinance by raising the sound 1 od (and For that 150