Item K3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2014 Division: Growth Management
Bulk Item: Yes X No — Department: Planning & Environmental Resources
Staff Contact Person/Phone#: Christine Hurley, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider an ordinance
establishing §6-3 of the Monroe County Code (MCC) relating to the allowance of temporary
construction staging areas with a special permit granted by the board of county commissioners,
ITEM BACKGROUND:
Temporary structures (such as sheds, trailers, tents, etc.) related to on-site construction projects may be
permitted in accordance with Section 6-112, but the section does not provide a specific process or
allowance for construction staging areas for off-site projects. Such construction staging areas have
been permitted in zoning districts that allow storage or industrial uses; however, this does not capture
all scenarios in that some construction projects widely spread and/or not located near zoning districts
that allow for storage or industrial uses. As such, on occasion there may be the circumstance that
staging areas may be required to be located in residential zoning districts that do not allow storage or
industrial uses. Staff is proposing to create such a clearly defined approval process for temporary
construction staging areas and the uses thereon.
Note: Staff is also proposing consistent amendments to revise the provisions related to temporary
structures in Section 6-112. Staff is also proposing consistent amendments to establish criterion for
temporary uses in Section 130-5 (however as this section is located in the Land Development Code,
the statutory approval process is different). All amendments are ultimately decided upon by the BOCC
and staff shall schedule all the public hearings for final decision on the same date (December 10,
2014).
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Approval to advertise a Public Hearing for 3:01 P.M. on December
10, 2014 at the Marathon Government Center in Marathon.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty Xbfa13(
ONO/Purchasing—Risk Management
DOCUMENTATION: Included X Not Required—
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2014
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS ESTABLISHING SECTION 6-3,
13 TEMPORARY CONSTRUCTION STAGING AREAS;
14 ESTABLISHING AN APPROVAL PROCESS FOR
15 CONSTRUCTION STAGING AREAS BY THE BOARD OF
16 COUNTY COMMISSIONERS, PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR REPEAL OF ALL ORDINANCES
18 INCONSISTENT HEREWITH; PROVIDING FOR
19 INCORPORATION INTO THE MONROE COUNTY CODE OF
20 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
21
22 WHEREAS, temporary structures related to on-site construction projects may be
23 permitted in accordance with Monroe County Code Section 6-112, but the section does not
24 provide a specific process or allowance for construction staging areas for off-site projects; and
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26 WHEREAS, a clearly defined approval process for temporary construction staging areas
27 is needed and required; and
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29 WHEREAS, the Board of County Commissioners shall approve or deny special permit
30 applications for such construction staging areas; and
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32 WHEREAS, the Board of County Commissioners makes the following Conclusions of
33 Law: 1) the ordinance is consistent with the Principles for Guiding Development in the Florida
34 Keys Area of Critical State Concern; 2)the ordinance is consistent with the provisions and intent
35 of the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the
36 provisions and intent of the Monroe County Code;
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38 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
39 COUNTY COMMISSIONERS:
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41 Section 1. Section 6-3 of the Monroe County Code shall be established as follows (deletions are
42 sir-iekea thfouh and additions are underlined):
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I Sec.6-3.Temporary construction staging areas.
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3 A special permit may be granted by resolution by the board of county commissioners
4 (BOCC) to allow a property to be used as a construction staging area for an off-site
5 project. The BOCC shall hold a public hearing on the request for a temporary
6 construction staging area and shall issue a resolution granting,granting with conditions or
7 deoing the request. The resolution shall take effect on the date of enactment by the
8 BOCC.
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10 (a) Applicability. A temporary construction staging area for an off-site project is a
11 pennitted activity in any land use (zoning) district, provided it is approved by a
12 special permit and meets the criteria set forth in this section. This special permit shall
13 approve the temporary construction staging area location and use and shall not
14 override or substitute for any other provision of the Florida Building Code and
15 Monroe Copply Code that require an additional tMe of building ermit certification
16 or approval.
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18 (b) Criteria._Approval of such a special permit shall be granted only if the following
19 criteria are met:
20 (1) The temporary construction staging area shall serve a project being carried out in
21 the vicinity of the construction staging,area;
22 (2) The temporary construction staging area shall serve a project being carried out by
23 a governmental agency,
24 3 The tempoga construction staging area shall be not be located in a tier I
25 designated area;
26 (4) The property subject to the request shall be posted at least 15 dates prior to the
27 BOCC public hearing, with the notice located so it shall be easily visible from all
28 public streets and public ways abutting the property;
29 (5) Prior to establishment of the temporary construction staging area, a special
30 building_permit approving any associated temporary structure shall be issued in
31 accordance with section 6-112,
32 6) No clearing or filling shall occur to accommodate the temporga construction
33 st�area
34 7 Other than fencing, no teWoLW structure associated with a tem or
35 construction staging area shall be located in gny required setback; and
36 (8) The temporaa construction staging area shall be compatible with existing uses on
37 surrounding properties, as determined by the BOCC. If necessary, prior to
38 issuance of a special permit allowing the temporary construction staging area, the
39 board may attach conditions to any special permit approval to a) avoid substantial
40 harm to public health or safety; b) avoid substantial harm to, or impairment of the
41 normal use of, a public place; and/or c) avoid substantial harm to the
42 environment. Depending on the nature and anticipated duration of the use as a
43 condition of approval to 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;
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1 d. Require fencing, landscaping and/or other screening to limit potential visual
2 and noise impacts of the use on adjacent property owners, and
3 e. Require surface water management improvements to the affected site.
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5 Section 2. Severability.
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7 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
8 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
9 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
10 circumstances, such holding shall not affect its applicability to any other person, property or
11 circumstances.
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13 Section 3. Conflicting Provisions.
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15 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
16 extent of said conflict.
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18 Section 4. Inclusion in the Code of Ordinances.
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20 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
21 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
22 appropriately renumbered to conform to the uniform numbering system of the Code.
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24 Section S. Transmittal and Effective Date.
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26 This Ordinance shall be filed with the Department of State and shall be effective as provided in
27 section 125.66(2)(b), Florida Statutes.
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29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
30 at a regular meeting held on the day of , 2014.
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32 Mayor Sylvia Murphy
33 Mayor pro tem Danny L. Kolhage
34 Commissioner Heather Carruthers
35 Commissioner George Neugent
36 Commissioner David Rice
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38 BOARD OF COUNTY COMMISSIONERS
39 OF MONROE COUNTY,FLORIDA
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41 BY:
42 Mayor Sylvia Murphy
43 (SEAL)
44 ATTEST: AMY HEAVILIN, CLERK MONROE COUNTY ATTORNEY
45 AID D A�L FORM:
46 ..�
47 u De Clerk STEVEN T. WILLIAMS
p ASSISTANT COUNTY ATTORNEY
Date /I m ®/
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