Item O5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes X No Department: Planning & Environmental Resources
Staff Contact Person/Phone#: Christine Hurley, Ext. 2517
Joseph Haberman,Ext. 253�2.
AGENDA ITEM WORDING:
A Public Hearing to consider an ordinance establishing §6-3 of the Monroe County Code (MCC),
which would provide an approval process for temporary construction staging areas with a special
permit granted by the BOCC.
ITEM BACKGROUND:
Temporary structures 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. It has been interpreted that such construction staging areas may only be
permitted in zoning districts that allow storage or industrial uses. However, this does not capture all
scenarios in that some staging areas are 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.
PREVIOUS RELEVANT BOCC ACTION:
At the November 18, 2014 meeting, the BOCC approved a resolution to set the date, time and place of
the public hearing for the proposed text amendment.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION:
Approval.
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 X �, 101 OMB/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, a clearly defined approval process for temporary construction staging areas
23 is needed and required; and
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25 WHEREAS, the Board of County Commissioners shall approve or deny special permit
26 applications for such construction staging areas; and
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28 WHEREAS, the Board of County Commissioners makes the following Conclusions of
29 Law: 1) the ordinance is consistent with the Principles for Guiding Development in the Florida
30 Keys Area of Critical State Concern; 2)the ordinance is consistent with the provisions and intent
31 of the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the
32 provisions and intent of the Monroe County Code;
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
35 COUNTY COMMISSIONERS:
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37 Section 1. Section 6-3 of the Monroe County Code shall be established as follows (deletions are
38 strieken dif-eug and additions are underlined):
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40 See. 6-3. Temporary construction staging areas.
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42 A special permit may be granted by resolution by the Board of County Commissioners
43 (BOCC) to allow a property to be used as a construction staging_area for an off-site
44 project. The BOCC shall hold a public hearing on the request for a temporary
45 construction staging area and shall issue a resolution granting, granting with conditions or
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1 denying the request The resolution shall take effect on the date of enactment by the
2 BOCC.
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4 (a) Applicabilio! A temporary construction staging area for an off-site project is a
5 permitted activity in any land use zoning) district, provided it is approved by a
6 special permit and meets the criteria set forth in this section. This special permit shall
7 approve the temporary construction staging area location and use and shall not
8 override or substitute for any other provision of the Florida Building Code and
9 Monroe County Code that require an additional type of building permit, certification
10 or approval.
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12 (b) Criteria Approval of such a special permit shall be ,granted only if the following
13 criteria are met:
14 (1) The te=oM construction staging area shall serve a project being carried out in
15 the vicinity of the construction staging
16 2 The tempor4a construction staging area shall serve a proiect being carried out b
17 a governmental agency;
18 (3) The temporary construction staging area shall be not be located in a tier I
19 designated area;
20 (4) The property subject to the request shall be posted at least 15 days prior to the
21 BOCC public hearing, with the notice located so it shall be easily visible from all
22 public streets and public ways abutting the property;
23 5 Prior to establishment of the temiporM construction staging area a special
24 building_permit approving any associated temporary structure shall be issued in
25 accordance with section 6-112;
26 (6) No clearing or filling shall occur to accommodate the temporary construction
27 staging area-,
28 (7) Other than fencing no temporary structure associated with a temporary
29 construction staging area shall be located in any required setback; and
30 8 The temporga construction staging area shall be compatible with existin uses on
31 surrounding properties, as determined by the BOCC. If necessary, prior to
32 issuance of a special permit allowing the temporary construction staging area, the
33 board mgy attach conditions to an special permit approval to a avoid substantial
34 harm to public health or safety, b) avoid substantial harm to, or impairment of the
35 normal use of a public place; and/or c) avoid substantial harm to the
36 environment Depending on the nature and anticipated duration of the use as a
37 condition of approval to the special permit, the board reserves the right to:
38 a Provide a deadline for termination of the construction staging area;
39 b. Limit the hours of operation;
40 c Limit the We of equipment and materials on the site;
41 d Require fencing landscaping and/or other screening to limit potential visual
42 and noise impacts of the use on adjacent property owners; and
43 e Require surface water management improvements to the affected site.
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I Section 2. Severability.
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3 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
4 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
5 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
6 circumstances, such holding shall not affect its applicability to any other person, property or
7 circumstances.
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9 Section 3. Conflictina Provisions.
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11 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
12 extent of said conflict.
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14 Section 4. Inclusion in the Code of Ordinances.
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16 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
17 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
18 appropriately renumbered to conform to the uniform numbering system of the Code.
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20 Section 5. Transmittal and Effective Date.
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22 This Ordinance shall be filed with the Department of State and shall be effective as provided in
23 section 125.66(2)(b), Florida Statutes.
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25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
26 at a regular meeting held on the day of , 2014.
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28 Mayor Danny L. Kolhage
29 Mayor pro tern Heather Carruthers
30 Commissioner Sylvia Murphy
31 Commissioner George Neugent
32 Commissioner David Rice
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34 BOARD OF COUNTY COMMISSIONERS
35 OF MONROE COUNTY, FLORIDA.
36
37 BY:
38 Mayor Danny L. Kolhage
39 (SEAL)
40 ATTEST: AMY HEAVILIN, CLERK
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42 MONROE COUNTY ATTORNEY
43 Deputy Clerk A OOVE-D TO FORM-
STEVEN T. WILLIAMS
ASSISTANT'C UNTY ATTORNEY
Date 131114
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