Item Q1 Q.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: Q.1
Agenda Item Summary #10639
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
1:30
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Approving
a Special Permit Allowing a Temporary Construction Staging Area for a Canal Restoration/Water
Quality Improvement Project at Property Legally Described as a Part of Tract "A", Sexton Cove
Estates - Resubdivision Key Largo, Plat Book 6, Page 30, of the Official Records of Monroe County,
Florida(Property Identification No. 00532701-043600).
ITEM BACKGROUND:
The applicant has requested a special permit to utilize the subject property for a temporary
construction staging area. The staging area would facilitate a canal restoration project being carried
out by Monroe County. The Canal No. 28 backfilling project is a continuation of the canal
restoration program in accordance with the Department of Economic Opportunity ("DEO") canal
restoration work as detailed in the Monroe County Year 2030 Comprehensive Plan (Policy 202.4.7).
The purpose of the project is to place clean fill material to promote flushing within the unnamed
manmade canal (Canal No. 28) located between Sexton Cove and Pigeon Drive, in Key Largo. Due
to excessive depth, water column becomes stratified, with anoxic conditions (i.e., depleted oxygen)
present in the lower portion of the water column. This condition limits the presence of fish or other
marine organisms. Therefore, the contractor will backfill within the canal to a specified elevation
according to technical specifications and plans to eliminate the anoxic zone and promote a viable
benthic community.
The subject application is to provide for a temporary construction staging area for equipment and
materials. Types of equipment and materials to be stored in the staging area is limited to:
1. Clean fill material and long reach excavators to place material from staging area to
the canal barge.
The Board of County Commissioners ("BOCC, "Board", or"Monroe County") has the authority to
approve temporary construction staging areas in accordance with Monroe County Code Section 6-3.
A special permit may be granted by resolution by the BOCC to allow a property to be used as a
temporary construction staging area for an off-site project. The BOCC must hold a public hearing on
Packet Pg. 3458
Q.1
the request for a temporary construction staging area and issue a resolution granting, granting with
conditions, or denying the request. The resolution shall take effect on the date of enactment by the
Board.
The criteria enumerated at Monroe County Code Section 6-3(b)(1)-(3) and 6-3(b)(5)-(8) are in
compliance and have been met.
Compliance with the criteria enumerated at Monroe County Code Sections 6-3(b)(4) and 6-3(b)(9),
shown below, will be determined prior to public hearing.
(4) The property subject to the request shall be posted and surrounding property owners within 300
feet shall be notified in writing at least 15 days prior to the BOCC public hearing, with the notice
located so it shall be easily visible from all public streets and public ways abutting the property:
Compliance to be determined prior to public hearing.
The professional staff of the Planning and Environmental Resources Department shall carry out the
notification(s) as required.
(9) The property shall be restored to its prior condition: Compliance to be determined upon
termination of the staging area.
The BOCC reserves the right to attach such conditions to any special permit approval at the June 15
2022 public hearing.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2022-087 Temporary Construction Stage SR
Reso. Approving Special Permit for Temporary Construction Staging Area- Canal No. 28
C28 - Sexton Cove Staging Area
Monroe County - Canal 28 Backfill Restoration Plan
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
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Q.1
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
NONE
REVIEWED BY:
Emily Schemper Completed 05/27/2022 4:15 PM
Peter Morris Completed 05/28/2022 1:10 AM
Purchasing Completed 05/31/2022 8:24 AM
Budget and Finance Completed 05/31/2022 8:59 AM
Brian Bradley Completed 05/31/2022 9:42 AM
Lindsey Ballard Completed 05/31/2022 11:13 AM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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MONROE COUNTY, FLORIDA
00
RESOLUTION NO. -2022 04
A RESOLUTION OF THE MONROE COUNTY BOARD OF _
COUNTY COMMISSIONERS APPROVING A SPECIAL PERMIT 00
04
ALLOWING A TEMPORARY CONSTRUCTION STAGING AREA 6
FOR A CANAL RESTORATION/WATER QUALITY
IMPROVEMENT PROJECT AT PROPERTY LEGALLY
DESCRIBED AS PART OF TRACT "A", SEXTON COVE ESTATES to
e
- RESUBDIVISION KEY LARGO, PLAT BOOK 6, PAGE 30, OF
THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA,
AND CURRENTLY BEARING PROPERTY IDENTIFICATION
NUMBER 00532701-043600.
co
WHEREAS, an application has been filed that requests a special permit allowing a
temporary construction staging area at property located at 15 Swallow Road, Key Largo, located on
the bayside at approximate mile marker 106; and 0
to
WHEREAS,the property is legally described as Part of Tract"A", Sexton Cove Estates -
Resubdivision Key Largo, Plat Book 6,Page 30, of the Official Records of Monroe County, Florida, 0
and currently bearing property identification number("PIN") 00532701-043600; E
as
WHEREAS,the Monroe County Board of County Commissioners ("BOCC" or"Monroe 0
County") desires to grant said special permit to allow the solicited temporary construction staging E
area; and
0.
WHEREAS,the temporary construction staging area would facilitate a canal 0
restoration/water quality improvement project being carried out by Monroe County; and CL
WHEREAS, due notice has been carried out and a public hearing has been held in
accordance with Monroe County Code § 6-3, and the Board has considered the record; and CL
CL
WHEREAS,the BOCC hereby makes the following findings of fact and conclusions of law: 6
as
1. The temporary construction staging area is not inconsistent with any of the criterion provided
in Monroe County Code §6-3;
1 of 2
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact and conclusions of law support its decision to approve the instant request for a special permit,
subject to the following conditions: a
U
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of it
legislative intent are true and correct and are hereby incorporated as if fully set forth herein. 0
Section 2. The temporary construction staging area shall only be used in association with the canal 0
restoration project for Canal No. 28 located in Key Largo. 00
Section 3. The expected commencement date of the temporary construction staging area is July 1,
2022. The termination date of the temporary construction staging area shall be no later than U
February 28, 2023. 00
N
Section 4. Other than fencing, no temporary structure associated with the temporary construction d
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staging area shall be located in any required setback.
Section 5. Upon termination of the temporary construction staging area, the property shall be ti
restored to its prior conditions.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15th of June, 2022.
Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron
Commissioner James K. Scholl a
Commissioner Holly Merrill Raschein U
BOARD OF COUNTY COMMISSIONERS 0
OF MONROE COUNTY, FLORIDA E
BY:
MAYOR DAVID RICE
L-
MONAOE COWITY ATTORNEY 0
AP E 01 5 Tt2i
a�
(SEAL)
ATTEST: KEVIN MADOK, CLERK 0
6
AS DEPUTY CLERK a`�s
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MEMORANDUM
MONROE COUNTY PLANNING &ENVIRONMENTAL RESOURCES DEPARTMENT
To: The Monroe County Board of County Commissioners
Through: Emily Schemper, Senior Director of Planning & Environmental Resources
From: Michael Roberts, Assistant Director
Date: May 13, 2022
Subject: A public hearing to consider approval of a special permit allowing a temporary
construction staging area at property located at 15 Swallow Road, Key Largo
(Real Estate # 00532701-043600), related to a canal restoration project (Canal
#28)
Meeting: June 15, 2022
1 I REQUEST:
2
3 The applicant has requested a special permit to utilize the subject property for a temporary
4 construction staging area. The staging area would facilitate a canal restoration project being
carried out by Monroe County.
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Page 1 of 5
I Subject Property(Aerial dated 2021)
2 II BACKGROUND INFORMATION:
3
4 Location: Key Largo, mile marker 106 (Bay side of US 1)
5 Address: 15 Swallow Road, Key Largo
6 Legal Description: Sexton Cove Estates- Resubdivision Key Largo Plat Book 6 Page 30 Part
7 of Tract A having Real Estate (RE)Numbers: 00532701-043600
8 Property Owner/Applicant: Sexton Cove Estates Property Owners Association, Inc.
9 Agent: Greg Corning, Wood Environment and Infrastructure Solutions, Inc.
10 Size of Site: 28,301 SF per Monroe County GIS Data
11 Land Use District: Urban Residential Mobile Home District (URM)
12 Future Land Use Map (FLUM) Designation: Residential High(RH)
13 Tier Designation: Tier III
14 Flood Zone: AE-9
15 Existing Use: Vacant Developed Land
16 Existing Vegetation/Habitat: Scarified
17 Community Character of Immediate Vicinity: Single family residential
18
19 III REVIEW OF APPLICATION:
20
21 The Canal #28 Backfilling project is a continuation of the canal restoration program in
22 accordance with the Department of Economic Opportunity (DEO) canal restoration work as
23 detailed in the Monroe County Year 2030 Comprehensive Plan (Policy 202.4.7). The
24 purpose of the project is to place clean fill material to promote flushing within the unnamed
25 manmade canal (Canal #28) located between Sexton Cove and Pigeon Drive, in Key Largo,
26 Florida. Due to excessive depth, the water column becomes stratified, with anoxic conditions
27 (depleted oxygen) present in the lower portion of the water column. This condition limits the
28 presence of fish or other marine organisms. Therefore, the contractor will backfill within the
29 canal to a specified elevation according to technical specifications and plans to eliminate the
30 anoxic zone and promote a viable benthic community.
31
32 The subject application is to provide for a temporary construction staging area for equipment
33 and materials. Types of Equipment and Materials to be stored in Staging Area is limited to:
34
35 1. Clean fill material and long reach excavators to place material from staging area to
36 the canal barge
37
38 The BOCC has the authority to approve temporary construction staging areas in accordance
39 with MCC §6-3. A special permit may be granted by resolution by the BOCC to allow a
40 property to be used as a construction staging area for an off-site project. The BOCC shall
41 hold a public hearing on the request for a temporary construction staging area and shall issue
42 a resolution granting, granting with conditions or denying the request. The resolution shall
43 take effect on the date of enactment by the BOCC.
44
45 Applicability. A temporary construction staging area for an off-site project is a permitted
46 activity in any land use (zoning) district, provided it is approved by a special permit and
47 meets the criteria set forth in MCC §6-3. This special permit shall approve the temporary
Page 2 of 5 (File 42022-087)
I construction staging area location and use and shall not override or substitute for any other
2 provision of the Florida Building Code and Monroe County Code that require an additional
3 type of building permit, certification or approval.
4
5 Criteria. Approval of such a special permit shall be granted only if the following criteria are
6 met:
7
8 (1) The temporary construction staging area shall serve a project being carried out in the
9 vicinity of the construction staging area: In compliance.
10
11 The proposed staging area is adjacent to the canal (Canal # 28) and serves the canal
12 restoration project.
13
14 (2) The temporary construction staging area shall serve a project being carried out by a
15 governmental agency: In compliance.
16
17 The canal restoration project is being carried out by Monroe County, Florida.
18
19 (3) The temporary construction staging area shall not be located in a tier I designated area: In
20 compliance.
21
22 The proposed staging area is located on a property that is in a tier III designated area.
23
24 (4) The property subject to the request shall be posted and surrounding property owners
25 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public
26 hearing, with the notice located so it shall be easily visible from all public streets and
27 public ways abutting the property: Compliance to be determined prior to public hearing.
28
29 Planning & Environmental Resources Department staff shall carry out the notification as
30 required.
31
32 (5) Prior to establishment of the temporary construction staging area, a special building
33 permit approving any associated temporary structure shall be issued in accordance with
34 MCC §6-112: In compliance.
35
36 The proposed staging area will not have any structure requiring a building permit other
37 than temporary structures permitted in accordance with §6-112 (fencing).
38
39 (6) No clearing or filling shall occur to accommodate the temporary construction staging
40 area:In Compliance.
41
42 The proposed staging area would be located on a vacant lot that is scarified. No native
43 vegetation is proposed for clearing.
44
45 (7) Other than fencing, no temporary structure associated with a temporary construction
46 staging area shall be located in any required setback: In compliance.
Page 3 of 5 (File 42022-087)
I According to the plans submitted with the application, other than fencing, no structure or
2 storage will be located in a required setback.
3
4 (8) The temporary construction staging area shall be compatible with existing uses on
5 surrounding properties, as determined by the BOCC. If necessary, prior to issuance of a
6 special permit allowing the temporary construction staging area, the board may attach
7 conditions to any special permit approval to
8 a) avoid substantial harm to public health or safety;
9 b) avoid substantial harm to, or impairment of the normal use of, a public place; and/or
10 c) avoid substantial harm to the environment.
11
12 Depending on the nature and anticipated duration of the use, as a condition of approval to
13 the special permit, the board reserves the right to:
14 a) Provide a deadline for termination of the construction staging area;
15 b) Limit the hours of operation;
16 c) Limit the type of equipment and materials on the site;
17 d) Require fencing, landscaping and/or other screening to limit potential visual and
18 noise impacts of the use on adjacent property owners; and
19 e) Require surface water management improvements to the affected site: In
20 compliance.
21
22 The BOCC reserves the right to attach such conditions to any special permit approval at
23 the June 15, 2022 public hearing.
24
25 (9) The property shall be restored to its prior condition: Compliance to be determined upon
26 termination of the staging area.
27
Zoning (URM) FLUM (RH)
Page 4 of 5 (File 42022-097)
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2 IV RECOMMENDATION:
3
4 The Planning & Environmental Resources Department re commend approval.
5
6 Attachments:
7 Si! Plan
S Construction Drawing
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