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Item Q1 5 CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting September 21, 2016 Agenda Item Number: Q.1  Agenda Item Summary #2054 BULK ITEM: DEPARTMENT: No Planning/Environmental Resources TIME APPROXIMATE:STAFF CONTACT: Michael Roberts (305) 289-2502 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider a Resolution of the Monroe County Board of County Commissioners approving a special permit to allow a temporary construction staging area at property legally described a Block 8, Lot 4, Amended Plat of Sunrise Point Addition (Plat Book 4, Page 41), Monroe County, Florida, and having real estate number 00484190-000000, for a canal restoration/water quality improvement project (Canal 83 Organic Muck Removal, Backfilling and Air Curtain Installation in Key Largo). ITEM BACKGROUND: The applicant, Amec Foster Wheeler, has requested a special permit to utilize the subject property for a temporary construction staging area for a canal restoration/water quality improvement project (Canal 83 Organic Muck Removal, Backfilling and Air Curtain Installation) in Key Largo. The staging area would facilitate a canal restoration/water quality improvement project being carried out by Monroe County. The subject property is a vacant Tier III lot which will be temporarily be utilized for: 4EGOIX4K 5 Geotubes placed in roll-off containers and associated piping extending from the canal to the property; Belt press, clarifier tanks, and associated piping extending from the canal to the property; and Trucks and other equipment accessing the property to place and remove the roll-off containers. If approved, the expected commencement date of the staging area is October 28, 2016 and shall expire October 28, 2017. PREVIOUS RELEVANT BOCC ACTION: At the December 10, 2014 meeting, the BOCC approved an ordinance establishing §6-3 of the Monroe County Code, which provides the approval process for temporary construction staging areas with a special permit granted by the BOCC. (Ordinance 018-2014) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: BOCC resolution Temp Staging for Canal 83 2016-141 729 Grouper Lane 00484230 Temporary Construction Stage SR 2016-141 site plan Access agreement Construction drawings FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match : Insurance Required: 4EGOIX4K 5 Additional Details: REVIEWED BY: Mayte Santamaria Completed 09/01/2016 3:54 PM Assistant County Administrator Christine Hurley Skipped 09/01/2016 3:50 PM Steve Williams Completed 09/02/2016 1:35 PM Jaclyn Carnago Completed 09/02/2016 2:05 PM Budget and Finance Skipped 09/01/2016 3:50 PM Maria Slavik Skipped 09/01/2016 3:51 PM Mayte Santamaria Completed 09/02/2016 3:15 PM Kathy Peters Completed 09/02/2016 3:57 PM Board of County Commissioners Pending 09/21/2016 9:00 AM 4EGOIX4K %XXEGLQIRX&3''VIWSPYXMSR8IQT7XEKMRKJSV'EREP?6IZMWMSRA 8IQTSVEV]'SRWXVYGXMSR %XXEGLQIRX&3''VIWSPYXMSR8IQT7XEKMRKJSV'EREP?6IZMWMSRA 8IQTSVEV]'SRWXVYGXMSR 5F MEMORANDUM MCP&ERD ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT To: The Monroe County Board of County Commissioners Through: Mayte Santamaria, Senior Director of Planning & Environmental Resources From: Michael Roberts, P.W.S.; C.E.P. Date: September 1, 2016 Subject: A public hearing to consider approval of a special permit allowing a temporary construction staging area at property located at 729 Grouper Lane, Key Largo (Real Estate #00484230.000000), related to a canal restoration project (Canal #83) Meeting: September 21, 2016 1IREQUEST: 2 3The applicant has requested a special permit to utilize the subject property for a temporary 4construction staging area. The staging area would facilitate a canal restoration project being 5carried out by Monroe County. Canal #83 6 7 Subject Property (Aerial dated 2015 ) Page 1 of 4 4EGOIX4K 5F 1 IIBACKGROUND INFORMATION: 2 3 Location: Key Largo, mile marker 95 (Atlantic Ocean side of US 1) 4 Address: 729 Grouper Lane, Key Largo 5 Legal Description: Block 8 Lot 4 Amended Plat Of Sunrise Point Addition (Plat book 4Page 6 41) Key Largo having Real Estate (RE) Numbers: 00484190-000000 7 Property Owner/Applicant: Alex Mendoza 8 Agent: Greg Corning, Amec Foster Wheeler 9 Size of Site: 7,500 SF (0.17 acres) per Monroe County GIS 10 Land Use District: Improved Subdivision (IS) 11 Future Land Use Map (FLUM) Designation: Residential Medium (RM) 12 Tier Designation: Tier III 13 Flood Zone: AE EL 8 14 Existing Use: Vacant 15 Existing Vegetation/Habitat: Exotic (Brazilian Pepper) with scattered Buttonwood 16 Community Character of Immediate Vicinity: Single family residential 17 18 IIIREVIEW OF APPLICATION: 19 20 The BOCC has the authority to approve temporary construction staging areas in accordance 21 with MCC §6-3. A special permit may be granted by resolution by the BOCC to allow a 22 property to be used as a construction staging area for an off-site project. The BOCC shall 23 hold a public hearing on the request for a temporary construction staging area and shall issue 24 a resolution granting, granting with conditions or denying the request. The resolution shall 25 take effect on the date of enactment by the BOCC. 26 27 Applicability. A temporary construction staging area for an off-site project is a permitted 28 activity in any land use (zoning) district, provided it is approved by a special permit and 29 meets the criteria set forth in MCC §6-3. This special permit shall approve the temporary 30 construction staging area location and use and shall not override or substitute for any other 31 provision of the Florida Building Code and Monroe County Code that require an additional 32 type of building permit, certification or approval. 33 34 Criteria. Approval of such a special permit shall be granted only if the following criteria are 35 met: 36 37 (1) The temporary construction staging area shall serve a project being carried out in the 38 vicinity of the construction staging area: In compliance. 39 40 The proposed staging area is adjacent to the canal (Canal #83) which is subject to the 41 canal restoration project. 42 43 (2) The temporary construction staging area shall serve a project being carried out by a 44 governmental agency: In compliance. 45 46 The canal restoration project is being carried out by Monroe County, Florida. Page 2 of 4 (File #2016-141) 4EGOIX4K 5F 1 (3) The temporary construction staging area shall not be located in a tier I designated area: In 2 compliance. 3 4 The proposed staging area would be located on a property that is in a tier III designated 5 area. 6 7 (4) The property subject to the request shall be posted and surrounding property owners 8 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public 9 hearing, with the notice located so it shall be easily visible from all public streets and 10 public ways abutting the property: Compliance to be determined prior to public hearing. 11 12 Planning & Environmental Resources Department staff shall carry out the notification as 13 required. 14 15 (5) Prior to establishment of the temporary construction staging area, a special building 16 permit approving any associated temporary structure shall be issued in accordance with 17 MCC §6-112: In compliance. 18 19 The proposed staging area will not have any structure requiring a building permitother 20 than temporary structures permitted in accordance with §6-112. 21 22 (6) No clearing or filling shall occur to accommodate the temporary construction staging 23 area: In compliance. 24 25 The proposed staging area would be located on a property that is partially scarified. No 26 clearing of native vegetation or filling shall occur to accommodate the staging area. 27 28 (7) Other than fencing, no temporary structure associated with a temporary construction 29 staging area shall be located in any required setback: In compliance. 30 31 According to the plans submitted with the application, other than fencing, no structure or 32 storage will be located in a required setback. 33 34 (8) The temporary construction staging area shall be compatible with existing uses on 35 surrounding properties, as determined by the BOCC. If necessary, prior to issuance of a 36 special permit allowing the temporary construction staging area, the board may attach 37 conditions to any special permit approval to 38 a)avoid substantial harm to public health or safety; 39 b)avoid substantial harm to, or impairment of the normal use of, a public place; and/or 40 c)avoid substantial harm to the environment. 41 42 Depending on the nature and anticipated duration of the use, as a condition of approval to 43 the special permit, the board reserves the right to: 44 a)Provide a deadline for termination of the construction staging area; 45 b)Limit the hours of operation; 46 c)Limit the type of equipment and materials on the site; Page 3 of 4 (File #2016-141) 4EGOIX4K 5F 1 d)Require fencing, landscaping and/or other screening to limit potential visual and 2 noise impacts of the use on adjacent property owners; and 3 e)Require surface water management improvements to the affected site: In 4 compliance. 5 6 The BOCC reserves the right to attach such conditions to any special permit approval at 7 the September 21, 2016 public hearing. 8 9 (9) The property shall be restored to its prior condition: Compliance to be determined upon 10 termination of the staging area. 11 12 IVRECOMMENDATION: 13 14 The Planning & Environmental Resources Department recommends approval. 15 16 17 18 19 Attachments: 20 Site Plan 21 Hold Harmless/Maintenance Agreement 22 Construction Drawings Page 4 of 4 (File #2016-141) 4EGOIX4K %XXEGLQIRXWMXITPER 8IQTSVEV]'SRWXVYGXMSR7XEKMRK'EREP CANAL #83 ROCK HARBOR ORGANIC REMOVAL, BACKFILLING, AND AIR CURTAIN RESTORATION DESIGN AND PERMITTING 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5H 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K 5I 4EGOIX4K