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Item Q2 Q.2 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.2 Agenda Item Summary #10640 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 to Allow a Temporary Construction Staging Area at Property Located at 2 Eagle Drive, Key Largo (Property Identification No. 00532701-015500), Relating to a Canal Restoration Project(Canal No. 25). ITEM BACKGROUND: The applicant has requested a special permit to utilize the subject property (2 Eagle Drive, Key Largo) for a temporary construction staging area. The staging area would facilitate a canal restoration project being carried out by Monroe County. The Canal No. 25 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 Eagle Drive and Osprey Drive, in Key Largo. Due to excessive depth, the 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 the request for a temporary construction staging area and issue a resolution granting, granting with Packet Pg. 3464 Q.2 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: 2022-088 Temporary Construction Stage SR Resolution Approving Special Permit for Temporary Construction Staging Area C25 - Temporary Staging - Erosion and Sediment Control 2022-088-089 Canal 25 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: Indirect Costs: Packet Pg. 3465 Q.2 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: NA Additional Details: NONE REVIEWED BY: Emily Schemper Completed 05/27/2022 4:17 PM Peter Morris Completed 05/27/2022 4:54 PM Purchasing Completed 05/27/2022 4:55 PM Budget and Finance Completed 05/31/2022 8:58 AM Brian Bradley Completed 05/31/2022 9:33 AM Lindsey Ballard Completed 05/31/2022 10:21 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 3466 MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: The Monroe County Board of County Commissioners a Through: Emily Schemper, Senior Director of Planning & Environmental Resources From: Michael Roberts, Assistant Director N Date: May 13, 2022 0 Subject: A public hearing to consider approval of a special permit allowing a temporary construction staging area at property located at 2 Eagle Drive, Key Largo (Real Estate #00532701-015500), related to a canal restoration project(Canal#25) 0 Meeting: June 15, 2022 1 I REQUEST: 2 to 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 0 carried out by Monroe County. E R'I@� iiWl� uuw iu uu li r I �.w,m"^^^I M ' ry�j'n n h, 0 , Ian 0 0 0 MM 106 so 1 MAY 00 — . . 00 i y CD 04 l'W' � r�� .y , 04 � � �� yy r qy rx y ' I � F 9 1p«Al 7 8 Subject Property (Aerial dated 2021) Page 1 of 5 Packet Pg. 3467 Q.2.a 1 H BACKGROUND INFORMATION: 2 3 Location: Key Largo, mile marker 106 (Bay side of US 1) 4 Address: 2 Eagle Drive, Key Largo 5 Legal Description: Block 6 Lot 1 Sexton Cove Estates - Resubdivision Key Largo Plat Book 6 6 Page 30 having Real Estate (RE)Numbers: 00532701-015500 7 Property Owner/Applicant: Douglas & Melissa Lopez ' 8 Agent: Greg Corning, Wood Environment and Infrastructure Solutions, Inc. 2 9 Size of Site: 4,775 SF per Monroe County Propery Appraiser w 10 Land Use District: Urban Residential Mobile Home District(URM) c� 11 Future Land Use Map (FLUM) Designation: Residential High(RH) ,0 12 Tier Designation: Tier III 0 13 Flood Zone: AE-9 14 Existing Use: Vacant Developed Land 15 Existing Vegetation/Habitat: Scarified/Developed 16 Community Character of Immediate Vicinity: Single family residential 17 18 HI REVIEW OF APPLICATION: 0 19 U 20 The Canal 425 Backfilling project is a continuation of the canal restoration program in 21 accordance with the Department of Economic Opportunity (DEO) canal restoration work as 0. 22 detailed in the Monroe County Year 2030 Comprehensive Plan (Policy 202.4.7). The purpose E 23 of the project is to place clean fill material to promote flushing within the unnamed manmade 24 canal (Canal 428) located between Eagle Drive and Osprey Drive, in Key Largo, Florida. Due 25 to excessive depth, the water column becomes stratified, with anoxic conditions (depleted 26 oxygen)present in the lower portion of the water column. This condition limits the presence 27 of fish or other marine organisms. Therefore, the contractor will backfill within the canal to a 28 specified elevation according to technical specifications and plans to eliminate the anoxic zone 2 29 and promote a viable benthic community. 30 31 The subject application is to provide for a temporary construction staging area for equipment U 32 and materials. Types of Equipment and Materials to be stored in Staging Area is limited to: it 33 0 34 1. Clean fill material and long reach excavators to place material from staging area to the 35 canal barge 0 36 00 37 The BOCC has the authority to approve temporary construction staging areas in accordance I 38 with MCC §6-3. A special permit may be granted by resolution by the BOCC to allow a Q 39 property to be used as a construction staging area for an off-site project. The BOCC shall hold 40 a public hearing on the request for a temporary construction staging area and shall issue a 41 resolution granting, granting with conditions or denying the request. The resolution shall take 42 effect on the date of enactment by the BOCC. 43 44 Applicability. A temporary construction staging area for an off-site project is a permitted 45 activity in any land use (zoning) district,provided it is approved by a special permit and meets 46 the criteria set forth in MCC §6-3. This special permit shall approve the temporary construction Page 2 of 5 (File 42022-088) Packet Pg. 3468 Q.2.a I staging area location and use and shall not override or substitute for any other provision of the 2 Florida Building Code and Monroe County Code that require an additional type of building 3 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 2 9 vicinity of the construction staging area: In compliance. 10 N 11 The proposed staging area is adjacent to the canal (Canal 4 28) and serves the canal ,0 12 restoration project. 0 13 14 (2) The temporary construction staging area shall serve a project being carried out by a LO 15 governmental agency: In compliance. 16 17 The canal restoration project is being carried out by Monroe County, Florida. 18 0 19 (3) The temporary construction staging area shall not be located in a tier I designated area: In U 20 compliance. 21 0. 22 The proposed staging area is located on a property that is in a tier III designated area. E 23 24 (4)The property subject to the request shall be posted and surrounding property owners within LO 25 300 feet shall be notified in writing at least 15 days prior to the BOCC public hearing,with 26 the notice located so it shall be easily visible from all public streets and public ways 27 abutting the property: Compliance to be determined prior to public hearing. 28 c� 29 Planning & Environmental Resources Department staff shall carry out the notification as 30 required. 31 U 32 (5)Prior to establishment of the temporary construction staging area, a special building permit it% 33 approving any associated temporary structure shall be issued in accordance with MCC §6- 0 CL 34 112: In compliance. 35 0 36 The proposed staging area will not have any structure requiring a building permit other00 37 than temporary structures permitted in accordance with §6-112 (fencing). N 38 Q N 39 (6) No clearing or filling shall occur to accommodate the temporary construction staging area: 40 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 42022-088) Packet Pg. 3469 Q.2.a 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 w 10 c) avoid substantial harm to the environment. N L- 11 ,0 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; M 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 0 19 e) Require surface water management improvements to the affected site: In U 20 compliance. 21 0. 22 The BOCC reserves the right to attach such conditions to any special permit approval at E 23 the June 15 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 II;g� ppy�ry ��ryryryrylp r rr/9/f /!r/7l 1!/i((rn/J lir( o / %* M m�" RN NN✓fYIWMIiIMY nn � f Wl, l'VMI rvntf , a t i r%/1I P/ 19/IN ru�p, r> "r f�JI /! ,r r✓(u� yr- n 0 �„ d C" URM 1c GI !w y� / J IV ! n ` °' �,w ///i 00 lAl "r r u) // 1 f Od''�' ' r r sc fli� it ! � i 1 tlll G CN �r CN CN a",."q Stl IIO�1l9n ' '/rf ����rrnir ri / v /pr nrl//jiryrr +r' r ✓(��da"��!' r' i/����/u��r //%�/rl/ lid r �' i .'��1 / / rl � �� ,�'�. 1 '��Ik `%7 �f��;�„� </� r�a✓gr /,rr„i� V` l �(i r ��/;r„or„ Zoning URM FLUM RH Page 4 of 5 (File 42022-088) Packet Pg. 3470 Q.2.a r v I n MI W TII111 0 w tt gJ ...,." ._._...�,.._ ...,...,_,�.. w Tier Overlay (Tier III) Block 6 Lot 1 SFexton Cove Estates Plat Book 6 P . 30 I CL 0 2 IV RECOMMENDATION: aEs 3 4 The Planning & Environmental Resources Department recommends approval. 5 6 Attachments: 7 Site Plan 8 Construction Drawings U) a 0 U 0 CL 00 00 N N E c� Page 5 of 5 (File 42022-088) Packet Pg. 3471 Q.2.b as r k; 04 CD �� nJ//Jlll/ �fi d Flo 0 MONROE COUNTY, FLORIDA RESOLUTION NO. -2022 0 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A SPECIAL PERMIT ALLOWING A TEMPORARY CONSTRUCTION STAGING AREA a FOR A CANAL RESTORATION/WATER QUALITY as IMPROVEMENT PROJECT AT PROPERTY LEGALLY DESCRIBED AS BLOCK 6, LOT 1, SEXTON COVE ESTATES - RESUBDIVISION KEY LARGO,PLAT BOOK 6,PAGE 30, OF THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA, AND CURRENTLY BEARING PROPERTY IDENTIFICATION NUMBER 00532701-015500. r- 0 WHEREAS, an application has been filed that requests a special permit allowing a temporary construction staging area at property located at 2 Eagle Drive, Key Largo, located on the U bayside at approximate mile marker 106; and 0 WHEREAS,the property is legally described as Block 6, Lot 1, Sexton Cove Estates - a Resubdivision Key Largo, Plat Book 6,Page 30, currently bearing property identification number ("PIN") 00532701-015500; and 0 WHEREAS,the Monroe County Board of County Commissioners ("BOCC" or"Monroe L- as County") desires to grant said special permit to allow the solicited temporary construction staging CL _ area; and as CL WHEREAS,the temporary construction staging area would facilitate a canal restoration/water quality improvement project being carried out by Monroe County; and 0 WHEREAS, due notice has been carried out and a public hearing has been held in CL accordance with Monroe County Code § 6-3, and the Board has considered the record; and c WHEREAS,the BOCC hereby makes the following findings of fact and conclusions of law: 0 0 as 1. The temporary construction staging area is not inconsistent with any of the criteria provided in Monroe County Code § 6-3; E 1 of 2 Packet Pg. 3472 Q.2.b NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings of W fact and conclusions of law support its decision to approve the instant request for a special permit, " subject to the following conditions: 0 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of legislative intent are true and correct and are hereby incorporated as if fully set forth herein. Section 2. The temporary construction staging area shall only be used in association with the canal restoration project for Canal No. 25 located in Key Largo. U) Section 3. The expected commencement date of the temporary construction staging area is July 1, 0 2022. The termination date of the temporary construction staging area shall be no later than U October 31, 2022. 0 0. Section 4. Other than fencing, no temporary structure associated with the temporary construction staging area shall be located in any required setback. Section 5. Upon termination of the temporary construction staging area, the property shall be 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 U) Commissioner Michelle Coldiron 0 U Commissioner James K. Scholl Commissioner Holly Merrill Raschein C, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 BY: MAYOR DAVID RICE CL MONAM COUNTY ATTORNEY AP p 1 CL - 5/ /22 (SEAL) Dale: ..�.„. ,. � 0 ATTEST: KEVIN MADOK, CLERK 0 AS DEPUTY CLERK E c� 2 of 2 Packet Pg. 3473 z = N w e xa6 o �ozoz z 'w z C w=NBo HE JLLpm W o� ¢n Nw W M 3 �< �YaO� du z o 8 m M",.W6pW,m.,." 3 z 3 V w o z z ,z�o�� Naow�aG%' 1:caiwo�a �o�j, 'l r� �o�� a000� �o c'z �% Nozoz JQw „" <„q,c,U�z wos O U r cn O I U. zgZ O�QwU� — S ' o 0 O S U wm0 �w� wU B e _ r\a o� ro Z O O w O Z O w O cuc w Z Q O _; ..._ wo U w> w O Z Z co[n r O O w Q Jw QU ZO Z p vz lu h yy w � U' q z � 3 a i U 0o iiz O YQ a � � boo 0 oz Ay. f�1i�a � v %a/ /// O �Y D� ! <z �O �J go z=Io= = oQOSo c�zwzU aP s a n v a i � o E � } M c- 1111 O w O Q O o � E _ E oW ao .0 Q e x Q 8 U I os s 0 o w 3O v w _ N Y U u a v � Q s o Z m CD N0Z OED Z oz J H ZJY K r k _ n w i g U W Q W J �,/ V ¢ ; O m N �} wrr 0 f 3 m W ." o i u Zi Wi s' o a AN! / O W p rr. / °� '' _ `11 f,�� ✓r 1 W,p0 Cc) / r//;' / /. // ✓/%. 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