Resolution 292A-2021 dr
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 292A-2021
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10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING A SPECIAL PERMIT APPROVING A
12 TEMPORARY CONSTRUCTION STAGING AREA IN CONNECTION
13 WITH A WATER QUALITY IMPROVEMENT PROJECT (CANAL
14 RESTORATION PROJECT) AT PROPERTY LEGALLY DESCRIBED AS
15 LOT 1 AND E 5' OF LOT 2 OF RAE'S CUDA CANAL SUBDIVISION,KEY
16 LARGO, FLORIDA, PLAT BOOK 3 PAGE 186, AND CURRENTLY
17 HAVING PROPERTY IDENTIFICATION NUMBER 0483470-000000.
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19 WHEREAS, an application was filed for a special permit to approve a temporary
20 construction staging area at property located at 700 Grouper Lane, on the ocean-side of Key Largo,
21 approximately located at mile marker 95; and
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23 WHEREAS, the subject property is legally described as Lot 1 And E 5' of Lot 2 Rae's Cuda
24 Canal Subdivision Key Largo, Plat Book 3, Page 186, and currently having property identification
25 number 00483470-000000; and
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27 WHEREAS, the Monroe County Board of County Commissioners (`BOCC") desires to
28 grant said application for a special permit for a temporary construction staging area at the above-
29 described location; and
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31 WHEREAS, the subject temporary construction staging area will facilitate a water quality
32 improvement project(canal restoration project)being carried out by the Monroe County BOCC; and
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34 WHEREAS, due notice has been carried out and a public hearing has been held in
35 accordance with Monroe County Code of Ordinances ("MCC") § 6-3; and
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37 WHEREAS, at said public hearing, the BOCC considered the full record before it; and
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39 WHEREAS, the BOCC desires to make the following findings of fact and conclusions of
40 law:
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42 1. The temporary construction staging area is not inconsistent with any of the criteria provided
43 in MCC §6-3;
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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4 Section 1. Recitals and Lesislative Intent. The foregoing recitals are true and correct, and
5 are hereby incorporated as if fully stated herein
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7 Section 2. The special permit application is granted, subject to the following conditions:
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9 1. The temporary construction staging area shall only be used in connection with the canal
10 restoration project for Canal No. 84 on Key Largo.
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12 2. The expected commencement date of the temporary construction staging area is October
13 1, 2021. The termination date of the temporary construction staging area shall be no later
14 than March 30, 2022.
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16 3. Other than fencing, no temporary structure associated with the temporary construction
17 staging area shall be located in any required setback.
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19 4. Upon termination of the temporary construction staging area, the property shall be
20 restored to its prior condition.
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22 Section 3. Construction and Interpretation. This resolution and its interpretation shall be
23 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
24 and policy(ies) of the County. The construction and interpretation of this resolution and all
25 Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes,
26 and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is
27 interpreted in connection with this resolution shall be liberally construed and enforced in favor
28 of Monroe County to effectuate its public purpose(s) and policy(ies) of the County, and shall
29 be deferred in favor of the BOCC and such construction and interpretation shall be entitled to
30 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
31 Section 4. No Liability.Monroe County expressly reserves and in no way shall be deemed to
32 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
33 governmental, and any other similar defense, immunity, exemption, or protection against any
34 suit, cause-of-action, demand, or liability.
35 Section 5. Severability. If any provision of this resolution, or any part or portion thereof, is
36 held to be invalid or unenforceable by any administrative hearing officer or court of competent
37 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
38 shall neither limit nor impair the operation, enforceability, or validity of any other provision of
39 this resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this
40 resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force
41 and effect.
42
43 PASSED AND ADOPTED by the Board Of County Commissioners of Monroe County,
44 Florida, following a duly noticed regular scheduled public hearing held on the 15m of
45 September 2021.
2of3
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2 Mayor Michelle Coldiron Yes
3 Mayor pro tern David Rice Yes
4 Commissioner Craig Cates Yes
5 Commissioner Eddie Martinez Yes
6 Commissioner District V Vacant
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A (SE �/!'G BOARD OF COUNTY COMMISSIONERS
1 4 e �- IN MADOK, Clerk OF MONROE C• -' .. FLORIDA
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17 By By: (]
18 As Deputy Clerk Mayor
MONROE Q . - ATTOANEY
APO. . : TO FORM
''''' :i._________.--,
PETER:MORRIS
ASSISTANT COUNTY ATTORNEY
Date: .8/31/21
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The Florida Keys Only Daily Neayspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:'[3Q5}292.7777 eat.219 F i305)295-$025
legats keys,news cola
MONROE CO PLANNING INEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS H'4 Y
KEY LARGO FL 33037
Account: 423741 Ticket: 381 051
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegaf.tex ]
COUNTY OF MONROE
Before the undersigned authority personally appeared
- L who on oath says that he or she is
of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County,Floridan that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday„August 29,2021
Affiant further says that the Key West Citizen is a newspaper published in Key
West"in said Monroe County Florida and that the said newspapers has hereto-
fore been continuously published in said(Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County Florida„for a period of 1 year next preceding the first publication
of the attached copy of advertisement,and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount,rebate„
commission or refund for the purKiia)of securing this advertisement for publica-
tigr ,the sai0e"paper. f'
(Signature Affi
Vmo �s lb d before me this 3rd day of September 2021
{ �ry ubli Sir t
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(Notary P lic Printed Name) (Notary Seal)
My commission expires
Personally Known?( Produced Identification
Type of Identification Produced
•�• 'k COMMISSION
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Aft
i FMO' NROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
TICE OF PUBLIC HEARING
IL
NOTICE OF CHANGE TO THE
MONROE COUNTY LAND
DEVELOPMENT CODE
NOTICE IS HEREBY GIVEN that on Wednesday, September 16, 2021 the Monroe County Board of
County Commissioners Will hold a Public Meeting,beginning at OM AM,The SOCC meeting will be a
hyb�ld format with the County Commission members meeting alive in Key Largo.The public will be aNe to
participate via Zoom Aftbmrtar.The following items will be considered at a.PUBLIC MEETING
PUBLIC HEARING&1:34 PM Tor as soon thereafter as may be hoard),
AEI ROI GE._i-y-T11t MONIROE Qg,,.I .,Y mWARR-DE QU . O M lam)- BS ADOPTING
AMENDMENTS TO THE MONRO]E COUNTY LAND DEVELOPMENT CODE TO AMEND: CHAPTER 114,
ARTICLE 1, SECTION 114-2 '"LEVEL OF SERVICE STANDARDS" TO UPDATE STORM WATER DUALITY
PERFORMANCE STANDARDS-, SECTION 114-3 "SURFACE WATER MANAGEMENT CRITERIA" TOO
REQUIRE NET IMPROVEMENT IN STORM1iWATER QUALITY WHILE PROVIDING FLEXIBILITY IN ACHIEVING
STORMWATER QUALITY STANDARDS AND PROVIDE UPDATES TO THE STORY WATER MANUAL AND
LAY'MAN'S BROCHURE TO INCORPORATE NEW APPROACHES FOR MANAGING STORM WATER,
SECTION 114-13 "FENCES" TO REFINE CODE LANGUAGE TO BETTER CLARIFY REQUIREMENTS
AND PROVIDE CRITERIA FOR RETAINING WALLS; CHAPTER 114, ARTICLE IV "LANDSCAPING" TO
REFINE CODE LANGUAGE TO BETTER CLARIFY REQUIREMENTS AND UPDATE LISTS OF SPECIES;
SECTION 114-1 3 'WATERFRONT LIGHTING" TO REFINE CODE LANGUAGE TO BETTER CLARIFY
REQUIREMENTS;AND SECTION 114-164'"'NONCONFORMI G LIGHTING"TO REFINE CODE LANGUAGE
TO BETTER CLARIFY REQUIREMENTS;PROVIDING FOR SEV°ERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING.AGENCY'
AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE ;
M+iONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FOR AN EFFECTIVE DATE, (FILE 2019 133)
AMA OROINAKE JW-M9-,MQNiRQE C0UMB9,ARP O OO COMMI N ADOPTING
AMENDMENTS TO THE MONRt E COUNTY" LAND DEVELOPMENT CODE TO AMEND CHAPTER Ila
TO ELIMINATE REDUNDANT OR OBSOLETE TEXT, REFINE CODE LANGUAGE TO BETTER CLARIFY
REGULATORY INTENT FOR THE BENEFIT OF THE REGULATED COMMUNITY AND COUNTY STAFF; I
AND UPDATE LISTS OF SPECIES; PROVIDING FOR SEVEBABILFFY, PROVIDING FOR REPEAL OF i
CONFLICTING PROVISIONS;PROVIDING FOR TRANSM 17AL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE;,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE.PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019.134)
iROIJPPiP{LIAR Q M ARKBn asp A RESOLUTION OF THE MAONROE, UNTY
BOARD OF COUNTY OOIAtM>�tISSIONERS APPROVING A SPECIAL PERMIT ALLO7W�iiNOa A TEMVI ARY
CONSTRUCTION STAGING AREA FOR A CANAL RESTORATIONIWATER QUALITY IM+1PtROVmEM J NT"
PROJECT AT PROPERTY LEGALLY DESCRIBED AS LOT 1 AND E.5 FEET OF LOT 2,RAE'S OUDA CANAL
SUBDIVISION, KEY LARGO, PLAT BOOK 3, PAGEs136; FAA'ING PARCEL IDENTIFICATION NUMBER
004 3470- .(FILE 2021-12 )
QRQUPER E-KEY,LARQQ, MILS MAR w A RESOLUTION OF THE MOINRO9E COUNTY
BOARD OF COUNTY COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A`TEMPORARY
CONSTRUCTION STAGING AREA FOR A CANAL RESTORATIONm WATER QUALITY IMPROVEMENT
PROJECT AT PROPERTY LEGALLY DESCRIBED A LOT 10, RAE'S CUDA CANAL SUBDIVISION, KEY
LARGO,PLAT BOOK%%PAGE 19 ,HAVING PARCEL IDENTIFICATION NUMBER 004835 -00uOU?.(FILE
2021-123)
Please visit the Monroe County Webalto at - pop v ntv iiao�v for meeting agenda upat taa
and information regarding the various options avallable to the public to view the live meeting anallorto
make public comments on certain agents Items•
Pursuant to Section 286.0105 Florida Statute$.it a person decides to appeal any d'ecis on of the Board of
Courtly Commissioners,with re st to any rllattarconsidlerad at meeting orhearing,he orshe WlT need a
record of the proceedings,and that,for such puipose,he or she may need)o ansora aVothatim record of the
proceedings is made, which record 0cludas the testimony&avlr,fance"Pon which the Appeal Is to be baud,
ADA ASSISTANCE.,It you arc a person with a disability who needs special accalmmovIallons In order
to partkApato In this Proceeding,Please contact the County Administrator's Offidoei,by phanirig(M)
1..between the boars of&30 a,m.-a,00 p.m.,no later than five f 1 calendar nays poor to the
scheduled rnsefingy if you are hearing or voice Impslrrsd,call"711.'"
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