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HomeMy WebLinkAboutItem R3 R3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting March 25, 2025 Agenda Item Number: R3 2023-3753 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Application for a Temporary Construction Staging Area Special Use Permit, More Specifically Seeking an Amendment to an Existing Approved Temporary Construction Staging Area Special Use Permit, That Would Allow the Contractors of the Florida Keys Aqueduct Authority Engaging in Project Construction on Portions of U.S. Highway 1 to W Load and Unload Tri-Axle Dump Trucks Importing and Exporting Fill, t4 Store Heavy Equipment,Q) Store Traffic Devices and Barricades, kQ Place Conex Boxes, and t5�Put and Use, on the Subject Property, a Mobile Crusher to Pulverize and Process Excavated Material from Trench Excavation to Be Reused in Said Trench as Backfill Above the Pipe, at 92501 Overseas Highway, More Particularly Described as Parcels of Land in Section 27, Township 62 South, Range 38 East, Tavernier, Monroe County, Florida, Currently Having Parcel Identification Numbers 00490250-000000 & 00089490-000000. ITEM BACKGROUND: This is a request for a Temporary Construction Staging Area Special Use Permit, more particularly in the form of a requested'amendment' to an Existing Approved Temporary Construction Staging Area Special Use Permit (Approved by the BOCC through BOCC Resolution No. 118-2025), that would allow the contractors of the Florida Keys Aqueduct Authority engaging in project construction on portions of U.S. Highway 1 to ti�Load and Unload Tri-Axle Dump Trucks Exporting and Importing Fill, Q Store Heavy Equipment,Q)Store Traffic Devices and Barricades,W Place Conex Boxes, and Put and Use, on the Subject Property, a Mobile Crusher(identified by the Applicant as a GT 440 Astec Mobile Crusher) to Pulverize and Process excavated materials from trench excavation to be reused in said trench as backfill above the pipe. • BACKGROUND INFORMATION: Location: Key Largo (Tavernier), approximate mile marker 92.5 (Oceanside of US 1) 3844 Address: 92501 Overseas Hwy, Tavernier Legal Description: Section 27 Township 62 Range 38 Island Of Key Largo Plat Book 1 Page 64 part of lot 6 &plat of survey of Ellis Property Key Largo Plat Book 2 Page 99 Part Of Tract 2 Property Owner/Applicant: Blackstone Group Tavernier 925, L.L.0 VC Tavernier LLC Agent: Bart Smith/Jess Goodall Smith Hawks, P.L. Size of Site: 841,975 square feet (19.32 acres) Land Use District: Suburban Commercial(SC) Future Land Use Map (FLUM) Designation: Mixed Commercial(MC) Tier Designation: Tier III Flood Zone: AE-9/AE-10/AE-11; VE-11 Existing Use: Vacant Existing Vegetation/Habitat: Scarified/Developed/Mangroves Community Character of Immediate Vicinity: Commercial Uses & Single family residential • REVIEW OF APPLICATION: This project is part of the Plantation Key Transmission Main Replacement project being undertaken by the Florida Keys Aqueduct Authority. The existing Temporary Construction Staging Area Special Use Permit ("Special Use Permit" or "Special Permit") granted under BOCC Resolution No. 118-2025 authorizes the Florida Keys Aqueduct Authority and its contractors (hereinafter "FKAA") to utilize the area identified on the attached site plan rendering ("Staging Area") to store aggregate piles, excavated fill, and pipes and fittings required for replacement of the existing transmission water main with a new thirty-six inch(36") cathodically protected steel transmission water main. The requested amendment would expand the approval to allow the following: • The loading and unloading of tri-axle dump trucks for the import and export of fill; • Storage of heavy equipment; • Storage of traffic devices and barricades; • Placement of conex boxes; and • To put and use, on the subject property, a mobile crusher("processor") [specifications attached]. The above-referenced referenced mobile crusher("processor") is to be utilized to pulverize and process excavated material from the trench excavation to be reused in the trench as backfill above the pipe. 3845 Applicability. A temporary construction staging area for an off-site project is a permitted activity in any land use (zoning) district,provided it is approved by a special permit and meets the criteria set forth in MCC § 6-3. This special permit that would prospectively approve the temporary construction staging area location and use thereof shall not override, displace, replace, or substitute, nor may be construed or interpreted as overriding, displacing, replacing, or substituting, any provisions of the Florida Building Code, Monroe County Code(s), floodplain management regulations, or Monroe County Comprehensive Plan that require an additional type of building permit, certification or approval. Criteria. Approval of such a special permit shall be granted only if the following criteria are met: (1) The temporary construction staging area shall serve a project being carried out in the vicinity of the construction staging area:In compliance. The proposed staging area is adjacent to U.S. Highway 1 and will serve the Plantation Key Transmission Main Replacement project. (2) The temporary construction staging area shall serve a project being carried out by a governmental agency: In compliance. The Plantation Key Transmission Main Replacement project is being carried out by The Florida Keys Aqueduct Authority (FKAA). (3) The temporary construction staging area shall not be located in a tier I designated area: In compliance. The proposed staging area is located on a property that is in a Tier III designated area. (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. 3846 Planning&Environmental Resources Department staff shall coordinate with the applicant to carry out the notification as required. (5)Prior to establishment of the temporary construction staging area, a special building permit approving any associated temporary structure shall be issued in accordance with MCC § 6-112:In compliance. The proposed staging area will not have any structure requiring a building permit. (6) No clearing or filling shall occur to accommodate the temporary construction staging area: In Compliance. The proposed staging area would be located in an open scarified area in the western portion of the parcel. No fill is proposed. No native vegetation is proposed for clearing. The proposed staging area will maintain a 100 foot setback from the surveyed wetland line, as shown on the site plan. The proposed staging area is not to be located on the portion of the property that is currently subject to Code Enforcement Action for unpermitted removal of mangroves and exotic vegetation, and unpermitted placement of fill. Restoration of the mangrove habitat in accordance with the restoration criteria of 118-11 of the Land Development Code is required and the owners have applied for a restoration permit to complete the work. (7) Other than fencing, no temporary structure associated with a temporary construction staging area shall be located in any required setback: In compliance. According to the plans submitted with the application, no structure or storage will be located in a required setback. (8) The temporary construction staging area shall be compatible with existing uses on surrounding properties, as determined by the BOCC. If necessary,prior to issuance of a special permit allowing the temporary construction staging area, the board may attach conditions to any special permit approval to 1. avoid substantial harm to public health or safety; 2. avoid substantial harm to, or impairment of the normal use of, a public place; and/or 3. avoid substantial harm to the environment. 3847 Depending on the nature and anticipated duration of the use, as a condition of approval to the special permit, the board reserves the right to: 1. Provide a deadline for termination of the construction staging area; 2. Limit the hours of operation; 3. Limit the type of equipment and materials on the site; 4. Require fencing, landscaping and/or other screening to limit potential visual and noise impacts of the use on adjacent property owners; and 5. Require surface water management improvements to the affected site: The Monroe County Board of County Commissioners ("BOCC") reserves the right to attach such conditions to any special permit approval at the public hearing, as well as to supplement and/or add on to such conditions at the public hearing. (9) The property shall be restored to its prior condition: Compliance to be determined upon termination of the staging area. The Monroe County Planning & Environmental Resources Department recommends approval of this application's request subject to, inter alia, obtaining and maintaining compliance with the following imposed conditions: 1. The temporary construction staging area shall only be used in association with the construction of the Plantation Key Transmission Main Replacement project by the Florida Keys Aqueduct Authority. 2. The expected commencement date of the temporary construction staging area is March 2025. The termination date of the temporary construction staging area shall be no later than October 31, 2025. 3. Other than fencing, no temporary structure associated with the temporary construction staging area shall be located in any required setback. 4. This special permit does not authorize the removal of any vegetation or the placement of fill on the property. 5. Prior to commencement of the construction staging area use, the owners shall install stakes to delineate the boundary of the wetlands on the site to ensure the required 100-foot setback from the wetland is maintained, as shown on the attached site plan. 6. Upon termination of the temporary construction staging area, the property shall be restored to its prior condition. 7. The hours of operation for use of the Staging Area will be no earlier than 7:00 A.M. to no later than 6:00 P.M. 8. The property owners agree that the County shall have the right to access the property for the purpose of inspection to monitor and ensure that compliance with the terms and/or provisions of this special permit is obtained and maintained. 9. Use of covered conveyors and enclosed storage areas to minimize dust emissions is and shall be required. 3848 10. The Mobile Crusher("Mobile Processor") shall be located towards the center of the staging area (as shown on the subject site plan) to minimize noise audible to the adjacent residential areas. 11. The contractor shall at all times utilize/implement spray systems and misting technology to suppress dust at all processing, loading, and unloading locations/points. 12. Concrete, sand, and aggregates shall at all times be delivered in a dampened state using covered trucks. If such materials have dried out, for example during transit, they shall be promptly dampened again before being dumped. PREVIOUS RELEVANT BOCC ACTION: The BOCC originally approved the temporary construction staging area at issue at the February 19, 2025, BOCC meeting (BOCC Resolution No. 118-2025),per MCC § 6-3. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: The Monroe County Planning & Environmental Resources Department recommends approval of this application's request subject to, inter alia, obtaining and maintaining compliance with the following imposed conditions: 1. The temporary construction staging area shall only be used in association with the construction of the Plantation Key Transmission Main Replacement project by the Florida Keys Aqueduct Authority. 2. The expected commencement date of the temporary construction staging area is March 2025. The termination date of the temporary construction staging area shall be no later than October 31, 2025. 3. Other than fencing, no temporary structure associated with the temporary construction staging area shall be located in any required setback. 4. This special permit does not authorize the removal of any vegetation or the placement of fill on the property. 5. Prior to commencement of the construction staging area use, the owners shall install stakes to delineate the boundary of the wetlands on the site to ensure the required 100-foot setback from the wetland is maintained, as shown on the attached site plan. 6. Upon termination of the temporary construction staging area, the property shall be restored to its prior condition. 7. The hours of operation for use of the Staging Area will be no earlier than 7:00 A.M. to no later than 6:00 P.M. 8. The property owners agree that the County shall have the right to access the property for the purpose of inspection to monitor and ensure that compliance with the terms and/or provisions of this special permit is obtained and maintained. 9. Use of covered conveyors and enclosed storage areas to minimize dust emissions is and shall be 3849 required. 10. The Mobile Crusher("Mobile Processor") shall be located towards the center of the staging area (as shown on the subject site plan) to minimize noise audible to the adjacent residential areas. 11. The contractor shall at all times utilize/implement spray systems and misting technology to suppress dust at all processing, loading, and unloading locations/points. 12. Concrete, sand, and aggregates shall at all times be delivered in a dampened state using covered trucks. If such materials have dried out, for example during transit, they shall be promptly dampened again before being dumped. DOCUMENTATION: Attachment 2_specrosheetmgt440cc.pdf Attachment 1_IZevised Site Plan Staging Permit.pdf 2025-045_BOCC_resolution.pdf Professional Staff Report.pdf FINANCIAL IMPACT: n/a 3850 GT440 TRACK-MOUNTED CRUSHING PLANT WVEC' CC.11MIFWNIE,�3 CLOSED CIRCUIT ' A�� �� �� , I,ate Optional Magnet Diesel Engine Recirculating Conveyor HSI Crusher Hopper Vibrating Screen and Under Screen Conveyor Vibrating Feeder Under Crusher Conveyor Service Platforms Optional Side Heavy-Duty Tracks Discharge WF Material Flow • VIBRATING GRIZZLY FEEDER SCREEN AND UNDERSCREEN CONVEYOR - 40" (1016mm)x 14' (4.3m)Vibrating Pan Feeder - 5'x 10' 2-deck (screen cloth optional) - Hopper with fixed walls - 48" (1200mm) under screen conveyor - 43" step-deck grizzly bars 1" nominal spacing - 24" (600mm) cross conveyor - Bypass chute with flop gate and AR liner - Easily removed for maintenance - Lowers for transport • IMPACT CRUSHER—ANDREAS HSI - HSI opening- 36" (914mm) HSI width-40" (1016mm) 0 RECIRCULATING CONVEYOR - Self-aligning spherical roller bearing - 18" (450mm) recirculating conveyor - 3-bar MPR rotor - Lowers for transport - Multiple blow bar chemistries available to fit application - Hydraulic adjust aprons 0 CHASSIS - Hydraulically actuated rear access - Sculpted frame design - 19.7" (500mm)tracks with dual drive • UNDER CRUSHER CONVEYOR - Balanced for zero cribbing - 36" (900mm) fixed height with full spill boards - Dust suppression with manifold - Impact bed, 360 PIW, endless belting - Easily removed for maintenance POWER UNIT - Cummins QSL9 380hp/258kw Tier 4 Final - 140gal/530L fuel tank - 135gal/511 L oil reservoir 3851 • OPTIONS - Permanent cross belt magnet - CAT C9 375hp Tier 3 vs. std. (International only) - 30" (762mm)grizzly pre-screen with '/2"spacing - 4-bar rotor with 4 reversible blow bars vs. 3 bar - Grizzly bars with 2 '/2" spacing vs. grizzly fingers - Wireless handheld remote control and receiver - Bolt-on grizzly plate - Belt scale - Lighting package mounted on engine housing - Screen wire mesh (standard is high carbon) fin! I�� Itr�r�I G 0 9 1 .5] �IIIIfAIIr n�ll�iq ,uJ„l1 udl M y»Ir GT440CC HSI PLANT • PHYSICAL/OPERATING CHARACTERISTICS Operating Length............................... 60' 9"/ 18.5m Operating Width..................... 11' 1"/3.4m Travel Length..................................... 60' 9"/ 18.5m Travel Width.......................... 11' 0"/3.4m Operating Height................................ 13' 2"/4.Om Feed Height........................... 11' 3"/3.4m Travel Height................................ 11' 5"/3.5m Discharge Height.................... 11' 3"/3.4m Ground Clearance......................... 8"/0.2m Side Discharge (optional).......... 6' 1"/ 1.8m Unit Weight (est.)w/o options.... 97,000 lb./43,998 kg ilk 17 1'-0 [3A] — �• - 7'-6° [2,3] Em IT 4 � o 25'-3- [7,7] 6'-5" [2,0] 12'-2" [3,7] 4'-1 ° [1,21 Note: Specifications are subject to change without notice. Because KPI-1CI and Aster Mobile Screens may use In Its catalog and literature,field photographs of Its products which may have been modified by the owners,products furnished by KPI-1CI and Aster Mobile Screens may not necessarily be as Illustrated therein.Also continuous design progress makes It necessary that specifications be subject to change without notice.All sales of the products of KPI-1CI and Astec Mobile Screens are subject to the provisions of Its standard warranty.KPI-1CI and Aster Mobile Screens does not warrantor represent that Its products meet any federal,state,or local statutes,codes,ordinances,rules,standards or other regulations,Including OSHA and MSHA,covering safety,pollution,electrical wiring,etc.Compliance with these statutes and regulations Is the responsibllity of the user and will be dependent upon the area and the use to which the product Is put by the user.In some photographs,guards may have been removed for Illustrative purposes only.This equipment should not be operated without all guards attached In their normal position.Placement of guards and other safety equipment Is often dependent upon the area and how the product Is used.A safety study should be made by the user of the application,and,If required additional guards,warning signs and other safety devices should be Installed by the user,wherever appropriate before operating the products. 700 W 21st.St.,Yankton,SD 57078 Email: mail@kpiici.com ABIccaMPx+ :!1ZA I3 SCREEr3TECNS 1-800-542-9311 Fax: 605-665-8858 www.l<pijci.com Ref#-370085 KPI GT440 1/20/15 Rev 0 3852 2 +4 La cc LD CID, Cu/ e, 115 'M 1 MgAy 1611 Gy FF, Pl//, III I/ I " I dl , 41 I.................... W "ml co 121! 4a Vi A ........... 4,Q Q 4, Ae f 7: --Z'z 3853 r„ y J1 f( P Fd Ihll MONROE COUNTY, FLORIDA RESOLUTION NO. -2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST FOR A TEMPORARY CONSTRUCTION STAGING AREA PERMIT (`AMENDMENT' TO AN EXISTING APPROVED TEMPORARY CONSTRUCTION STAGING AREA PERMIT) THAT WOULD ALLOW THE CONTRACTORS OF THE FLORIDA KEYS AQUEDUCT AUTHORITY ENGAGING IN PROJECT CONSTRUCTION ON PORTIONS OF U.S. HIGHWAY 1 TO LOAD AND UNLOAD TRI-AXLE DUMP TRUCKS EXPORTING AND IMPORTING FILL, (2) STORE HEAVY EQUIPMENT, (3) STORE TRAFFIC DEVICES AND BARRICADES, (4) PLACE CONEX BOXES, AND (5) PUT AND USE ON THE SUBJECT PROPERTY A MOBILE CRUSHER TO PULVERIZE AND PROCESS EXCAVATED MATERIALS FROM TRENCH EXCAVATION TO BE REUSED IN SAID TRENCH AS BACKFILL ABOVE THE PIPE, AT 92501 OVERSEAS HWY, TAVERNIER, DESCRIBED AS PARCELS OF LAND IN SECTION 27,TOWNSHIP 62 SOUTH, RANGE 38 EAST, TAVERNIER, MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS: 00490250-000000 AND 00089490-000000. 1 2 WHEREAS, an application has been received for a temporary construction staging area 3 special permit(hereinafter"special permit")under Section 6-3 of the Monroe County Code("MCC"), 4 more specifically seeking an `amendment' to an existing approved temporary construction staging area 5 special use permit(approved through BOCC Resolution No. 118-2025), at a property located at 92501 6 Overseas Highway, Tavernier approximate Mile Marker 92.5 (on the ocean-side of U.S. Highway 1); 7 and 8 9 WHEREAS,the property is more particularly described as Section 27 Township 62 Range 10 38 Island Of Key Largo Plat Book 1 Page 64 Part Of Lot 6 & Plat Of Survey Of Ellis Property 11 Key Largo Plat Book 2 Page 99 Part Of Tract 2, currently having parcel identification numbers: 12 00490250-000000 & 00089490-000000; and 13 14 WHEREAS, the Monroe County Board of County Commissioners (`BOCC", "Monroe 15 County", "County", or the `Board") previously granted the special permit allowing a temporary 1 of 5 3854 I construction staging area at a regularly scheduled Board of County Commissioners meeting on 2 February 19, 2025, by and through BOCC Resolution No. 118-2025; and 3 4 WHEREAS, this request would allow the contractors of the Florida Keys Aqueduct 5 Authority engaging in project construction on portions of U.S. Highway I to:U Load and Unload 6 Tri-Axle Dump Trucks Exporting and Importing Fill;Q Store Heavy Equipment;f.1)Store Traffic 7 Devices and Barricades; fM Place Conex Boxes; and U Put and Use, on the Subject Property, a 8 Mobile Crusher to Pulverize and Process excavated materials from trench excavation to be reused 9 in said trench as backfill above the pipe. 10 11 WHEREAS, due notice has been carried out and a public hearing has been held in 12 accordance with MCC Section 6-3; and 13 14 WHEREAS, at said public hearing, the Board considered the record and argument of all 15 persons and parties present wishing to speak on the matter; and 16 17 WHEREAS, the Board hereby desires to make the following findings of fact and 18 conclusions of law: 19 20 1. This request (i.e., this request for an 'amendment' to the existing special permit approved 21 pursuant to BOCC Resolution No. 118-2025) concerning the approved temporary 22 construction staging area is not inconsistent with any of the criteria provided for at MCC 23 Section 6 3; 24 25 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 27 28 Section 1. Recitals. The foregoing title, findings of fact, and conclusions of law are true and 29 correct and are hereby incorporated as if fully stated herein. 30 31 Section 2. The temporary construction staging area being requested is not inconsistent with 32 any of the criteria provided in Monroe County Code of Ordinances § 6-3. 33 34 Section 3. The entirety of the record of the public hearing to consider this application at the 35 Monroe County Board of County Commissioners' regular March 25 1h 2025,BOCC 36 meeting is hereby fully incorporated as if fully stated herein. 37 38 Section 4. In addition, the analysis, findings of fact, and conclusions of law in the March 6, 39 2025-dated Monroe County Planning and Environmental Resources Department 40 ("Department") professional staff report accompanying this BOCC agenda item 41 stating that it is for meeting date March 25, 2025, provided to the BOCC by 42 Department Assistant Director/Environmental Resources Michael Roberts,C.E.P.1, 43 p.W.S.2, CT M.3, is/are moreover adopted as the BOCC's own analysis, findings National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P.). 2 Society of Weiland Scientists(S.W.S.)—Professional Weiland Scientist(P.W.S.). Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 2 of 5 3855 I of fact, and conclusions of law, and the BOCC hereby incorporates said 2 professional staff report as if fully set forth herein. 3 4 Section 5. The preceding record and findings of fact and conclusions of law support this 5 decision to approve this request for a special permit subject to obtaining and 6 maintaining compliance with all of the following imposed conditions: 7 8 1. The temporary construction staging area shall only be used in association with the 9 construction of the Plantation Key Transmission Main Replacement project by the 10 Florida Keys Aqueduct Authority. 11 2. The expected commencement date of the temporary construction staging area is 12 March 2025. The termination date of the temporary construction staging area shall be 13 no later than October 31, 2025. 14 3. Other than fencing, no temporary structure associated with the temporary 15 construction staging area shall be located in any required setback. 16 4. This special permit does not authorize the removal of any vegetation or the placement 17 of fill on the property. 18 5. Prior to commencement of the construction staging area use, the owners shall install 19 stakes to delineate the boundary of the wetlands on the site to ensure the required 20 100-foot setback from the wetland is maintained, as shown on the attached site plan. 21 6. Upon termination of the temporary construction staging area, the property shall be 22 restored to its prior condition. 23 7. The hours of operation for use of the Staging Area will be no earlier than 7:00 A.M. 24 to no later than 6:00 P.M. 25 8. The property owners agree that the County shall have the right to access the property 26 for the purpose of inspection to monitor and ensure that compliance with the terms 27 and/or provisions of this special permit is obtained and maintained. 28 9. Use of covered conveyors and enclosed storage areas to minimize dust emissions is 29 and shall be required. 30 10. The Mobile Crusher ("Mobile Processor") shall be located towards the center of the 31 staging area(as shown on the subject site plan)to minimize noise audible to the 32 adjacent residential areas. 33 11. The contractor shall at all times utilize/implement spray systems and misting 34 technology to suppress dust at all processing, loading, and unloading locations/points. 35 12. Concrete, sand, and aggregates shall at all times be delivered in a dampened state 36 using covered trucks. If such materials have dried out, for example during transit, 37 they shall be promptly dampened again before being dumped. 38 39 Section 6. The site plan of record governing/regulating this approval is the site plan that has 40 been reviewed and approved by both the Monroe County Planning & 41 Environmental Resources Department, and the Monroe County Board of County 42 Commissioners. 43 44 Section 7. To the extent of any internal or external conflicts, inconsistencies, and/or 45 ambiguities, within this Resolution or between this Resolution and the Monroe 46 County Code of Ordinances, Florida Building Code, Monroe County Land 47 Development Code, Monroe County Comprehensive Plan, or any other approval of 3 of 5 3856 I the Monroe County Board of County Commissioners, Monroe County Planning 2 Commission, Monroe County Development Review Committee, Monroe County 3 Planning&Environmental Resources Department, or other department or office of 4 Monroe County, the more restrictive rule, regulation, law,provision, and text shall 5 always apply. 6 7 Section 8. Subject to Section 7. above, the interpretation of this Resolution and all provisions 8 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe 9 County Codes, Florida Statutes, and floodplain management regulations whose 10 interpretation arise out of, relate to, or are interpreted in connection with this 11 Resolution, shall be liberally construed and enforced in favor of Monroe County, 12 and such interpretation shall be entitled to great weight in adversarial administrative 13 proceedings, at trial, in bankruptcy, and on appeal. 14 15 Section 9. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying 16 or approving, any violation or violations of the Monroe County Code of 17 Ordinances, Monroe County Land Development Code, Monroe County 18 Comprehensive Plan, floodplain management regulations, Florida Building Code, 19 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, 20 whether Federal or of the State or of Monroe County, and shall not be construed as 21 ratifying or approving of any such violation of law(s), rule(s), or regulation(s). 22 23 Section 10. Approval of this Resolution shall not estop or waive, nor shall be construed as 24 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and 25 require compliance with the Monroe County Codes, Monroe County 26 Comprehensive Plan, floodplain management regulations, Florida Building Code, 27 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, 28 whether at law or in equity. 29 30 Section 11. This Resolution does not waive, forfeit, override, or substitute for, nor shall be 31 construed or interpreted as waiving, forfeiting, overriding, or substituting for that 32 certain Memorandum jointly issued by Monroe County Building Official Rick 33 Griffin and Monroe County Planning & Environmental Resources Department 34 Senior Director Emily Schemper on February 25, 2021, entitled "RE: 35 Shipping/Storage Containers at Residential Locations for Storage Only", and it is 36 the express intent of this Resolution that said Memorandum continue to be utilized 37 and complied with. 38 39 Section 12. Reservation of Right to Revoke and/or Rescind Approval of Temporary 40 Construction Stnin2 Area Special Permit.The Monroe County Board of County 41 Commissioners, without liability to itself, reserves to itself the right to elect to 42 revoke and/or rescind this approval of a temporary construction staging area special 43 permit at any time in the future in the event there is a violation of one or more terms 44 or conditions of this approved special permit or in the event there is a violation or 4 Publicly posted and available on Monroe County's official website here:https://www.rnonroecounty.-- fl.gov/DocumentCenter/View/28125/Shipping-containers-at-residential-locations-storage-onl ?y bidld=. 4of5 3857 I violations of a provision or provisions of the Monroe County Code of Ordinances, 2 Monroe County Land Development Code, Monroe County Comprehensive Plan, 3 floodplain management regulations, Florida Building Code, Florida Statutes, or 4 Florida Administrative Code, that is/are materially relevant to this special permit. 5 6 Section 13. This Resolution shall be construed and interpreted as amendatorily supplementing 7 the existing temporary construction staging area special permit approved by and 8 through BOCC Resolution No. 118-2025. 9 10 Section 14. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If 11 any provision of this Resolution, or part or any portion thereof, is held to be invalid 12 or unenforceable in or by any administrative hearing officer or court of competent 13 jurisdiction, the invalidity or unenforceability of such provision, or any part or 14 portion thereof, shall neither limit nor impair the operation, enforceability, or 15 validity of any other provision of this Resolution, or any remaining part(s) and/or 16 portion(s) thereof. All other provisions of this Resolution, and remaining part(s) 17 and/or portion(s)thereof, shall continue unimpaired in full force and effect. 18 19 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 20 Florida, at a regular meeting of the Board held on the 25th day of March, 2025. 21 22 Mayor James K. Scholl, District 3 23 Mayor Pro Tem Michelle Lincoln, District 2 24 Commissioner Craig Cates, District 1 25 Commissioner David Rice, District 4 26 Commissioner Holly Merrill Raschein, District 5 27 28 BOARD OF COUNTY COMMISSIONERS 29 OF MONROE COUNTY, FLORIDA 30 31 By: 32 MAYOR JAMES K. SCHOLL 33 34 (SEAL) A4CBNnOE COUNTY ATTORNEY 35g�: 36 ATTEST: KEVIN MADOK, CLERK 37 38 39 AS DEPUTY CLERK 40 5 of 5 3858 MoSMIM �0 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/Environmental Resources Date: March 6, 2025 Subject: A Public Hearing to Consider an Application for a Temporary Construction Staging Area Special Use Permit, More Specifically Seeking an Amendment to an Existing Approved Temporary Construction Staging Area Special Use Permit, That Would Allow the Contractors of the Florida Keys Aqueduct Authority Engaging in Project Construction on Portions of U.S. Highway I to (1) Load and Unload Tri- Axle Dump Trucks Importing and Exporting Fill, (2) Store Heavy Equipment, (3) Store Traffic Devices and Barricades, (4)Place Conex Boxes, and(5)Put and Use, on the Subject Property, a Mobile Crusher to Pulverize and Process Excavated Material from Trench Excavation to Be Reused in Said Trench as Backfill Above the Pipe, at 92501 Overseas Highway, More Particularly Described as Parcels of Land in Section 27, Township 62 South, Range 38 East, Tavernier, Monroe County, Florida, Currently Having Parcel Identification Numbers 00490250-000000 & 00089490-000000. Meeting: March 25 2025 1 I REQUEST: 2 3 The applicant has requested an amendment to the special permit to utilize the subject 4 property for a temporary construction staging area that was authorized under Resolution 118- 5 2025. The amendment would allow the contractors of the Florida Keys Aqueduct Authority 6 engaging in project construction on portions of U.S. Highway 1 to (1) Load and Unload Tri- 7 Axle Dump Trucks Exporting and Importing Fill, (2) Store Heavy Equipment, (3) Store 8 Traffic Devices and Barricades, (4)Place Conex Boxes, and(5)Put and Use, on the Subject 9 Property, a Mobile Crusher(identified by the Applicant as a GT 440 Astec Mobile Crusher) 10 to Pulverize and Process excavated materials from trench excavation to be reused in said 11 trench as backfill above the pipe. Page 1 of 9 3859 k s u'I fil " q b II {8 V irr " / I W � l Y d)vk 4 i Subject Property in Blue (Aerial dated 2024) 1 2 H BACKGROUND INFORMATION: 3 4 Location: Key Largo (Tavernier), approximate mile marker 92.5 (Oceanside of US 1) 5 Address: 92501 Overseas Hwy, Tavernier 6 Legal Description: Section 27 Township 62 Range 38 Island Of Key Largo Plat Book 1 7 Page 64 part of lot 6 &plat of survey of Ellis Property Key Largo Plat Book 2 Page 99 Part 8 Of Tract 2 9 Property Owner/Applicant: Blackstone Group Tavernier 925, L.L.0 10 VC Tavernier LLC 11 Agent: Bart Smith/Jess Goodall Smith Hawks, P.L. 12 Size of Site: 841,975 square feet(19.32 acres) 13 Land Use District: Suburban Commercial (SC) 14 Future Land Use Map (FLUM) Designation: Mixed Commercial (MC) 15 Tier Designation: Tier III 16 Flood Zone: AE-9/AE-10/AE-11; VE-11 17 Existing Use: Vacant 18 Existing Vegetation/Habitat: Scarified/Developed/Mangroves 19 Community Character of Immediate Vicinity: Commercial Uses & Single family 20 residential 21 Page 2 of 9 (File 42025-045) 3860 I III REVIEW OF APPLICATION: 2 3 This project is part of the Plantation Key Transmission Main Replacement project being 4 undertaken by the Florida Keys Aqueduct Authority. The Special Use Permit granted under 5 Resolution 118-2025 authorizes the Florida Keys Aqueduct Authority and its contractors 6 ("FKAA")to utilize the area identified on the attached site plan rendering ("Staging Area")to 7 store aggregate piles, excavated fill, and pipes and fittings required for replacement of the 8 existing transmission water main with a new thirty-six inch (36") cathodically protected steel 9 transmission water main. The requested amendment would expand the approval to allow: 10 • Load and Unload Tri-Axle Dump Trucks Exporting and Importing Fill storage of heavy 11 equipment 12 • Store Heavy Equipment 13 • Store Traffic Devices and Barricades 14 • Place Conex Boxes; and 15 • Put and Use, on the Subject Property, a Mobile Crusher(identified by the Applicant as 16 a GT 440 Astec Mobile Crusher) to Pulverize and Process excavated materials from 17 trench excavation to be reused in said trench as backfill above the pipe (specifications 18 attached)., 19 20 The referenced mobile crusher(pictured below) is required to pulverize and process excavated 21 material from the trench excavation to be reused in the trench as backfill above the pipe 22 , �Hry o r' x% u � 23 1 �f III1�111 � 24 ASTEC GT440 Track-Mounted Crusher("Processor") Page 3 of 9 (File 42025-045) 3861 5F„ I i� I I �illl i �I i r Ott, r Zoning (SC) FLUM (MC) G �r�Mgmw �m��pll'l� rir II I Tier Overlay (Tier 11) 1 2 The BOCC originally approved the temporary construction staging area at the February 19, 3 2025 meeting(BOCC Resolution No. 118-2025)in accordance with MCC § 6-3. The requested 4 amendment to the special permit may be granted by additional resolution by the BOCC to 5 allow the requested additional uses of the staging area. The BOCC shall hold a public hearing 6 on the request for an amendment to the approved temporary construction staging area and shall 7 issue a resolution granting, granting with conditions or denying the request. The resolution 8 shall take effect on the date of enactment by the BOCC. 9 Page 4 of 9 (File 42025-045) 3862 I Applicability. A temporary construction staging area for an off-site project is a permitted 2 activity in any land use (zoning) district,provided it is approved by a special permit and meets 3 the criteria set forth in MCC §6-3. This special permit shall approve the temporary construction 4 staging area location and use and shall not override or substitute for any other provision of the 5 Florida Building Code and Monroe County Code that require an additional type of building 6 permit, certification or approval. 7 8 Criteria. Approval of such a special permit shall be granted only if the following criteria are 9 met: 10 11 (1) The temporary construction staging area shall serve a project being carried out in the 12 vicinity of the construction staging area: In compliance. 13 14 The proposed staging area is adjacent to U.S. Highway I and will serve the Plantation Key 15 Transmission Main Replacement project. 16 17 (2) The temporary construction staging area shall serve a project being carried out by a 18 governmental agency: In compliance. 19 20 The Plantation Key Transmission Main Replacement project is being carried out by The 21 Florida Keys Aqueduct Authority (FKAA). 22 23 (3) The temporary construction staging area shall not be located in a tier I designated area: In 24 compliance. 25 26 The proposed staging area is located on a property that is in a Tier III designated area. 27 28 (4)The property subject to the request shall be posted and surrounding property owners within 29 300 feet shall be notified in writing at least 15 days prior to the BOCC public hearing,with 30 the notice located so it shall be easily visible from all public streets and public ways 31 abutting the property: Compliance to be determined prior to public hearing. 32 33 Planning&Environmental Resources Department staffshall coordinate with the applicant 34 to carry out the notification as required. 35 36 (5)Prior to establishment of the temporary construction staging area, a special building permit 37 approving any associated temporary structure shall be issued in accordance with MCC §6- 38 112: In compliance. 39 40 The proposed staging area will not have any structure requiring a building permit. 41 42 (6) No clearing or filling shall occur to accommodate the temporary construction staging area: 43 In Compliance. 44 45 The proposed staging area would be located in an open scarified area in the western 46 portion of the parcel. No fill is proposed. No native vegetation is proposed for clearing. Page 5 of 9 (File 42025-045) 3863 I The proposed staging area will maintain a 50 foot setback from the surveyed wetland line, 2 as shown on the site plan. 3 The proposed staging area is not to be located on the portion of the property that is 4 currently subject to Code Enforcement Action for unpermitted removal of mangroves and 5 exotic vegetation, and unpermitted placement offill. Planning&Environmental Resources 6 staff is recommending restoration of the mangrove habitat in accordance with the 7 restoration criteria of 118-11 of the Land Development Code. 8 9 (7) Other than fencing, no temporary structure associated with a temporary construction 10 staging area shall be located in any required setback: In compliance. 11 12 According to the plans submitted with the application, no structure or storage will be 13 located in a required setback. 14 15 (8) The temporary construction staging area shall be compatible with existing uses on 16 surrounding properties, as determined by the BOCC. If necessary, prior to issuance of a 17 special permit allowing the temporary construction staging area, the board may attach 18 conditions to any special permit approval to 19 a) avoid substantial harm to public health or safety; 20 b) avoid substantial harm to, or impairment of the normal use of, a public place; and/or 21 c) avoid substantial harm to the environment. 22 23 Depending on the nature and anticipated duration of the use, as a condition of approval to 24 the special permit, the board reserves the right to: 25 a) Provide a deadline for termination of the construction staging area; 26 b) Limit the hours of operation; 27 c) Limit the type of equipment and materials on the site; 28 d) Require fencing, landscaping and/or other screening to limit potential visual and 29 noise impacts of the use on adjacent property owners; and 30 e) Require surface water management improvements to the affected site: 31 32 The BOCC reserves the right to attach such conditions to any special permit approval at 33 the February 19, 2025 public hearing. 34 35 (9) The property shall be restored to its prior condition: Compliance to be determined upon 36 termination of the staging area. 37 38 IV RECOMMENDATION: 39 40 The Monroe County Planning & Environmental Resources Department professional staff 41 recommend approval subject to obtaining and maintaining compliance with all of the following 42 imposed conditions: 43 44 1. The temporary construction staging area shall only be used in association with the 45 construction of the Plantation Key Transmission Main Replacement project by the 46 Florida Keys Aqueduct Authority. Page 6 of 9 (File 42025-045) 3864 1 2. The expected commencement date of the temporary construction staging area is 2 March 2025. The termination date of the temporary construction staging area shall be 3 no later than October 31, 2025. 4 3. Other than fencing, no temporary structure associated with the temporary 5 construction staging area shall be located in any required setback. 6 4. This special permit does not authorize the removal of any vegetation or the placement 7 of fill on the property. 8 5. Prior to commencement of the construction staging area use, the owners shall install 9 stakes to delineate the boundary of the wetlands on the site to ensure the required 10 100-foot setback from the wetland is maintained, as shown on the attached site plan. 11 6. Upon termination of the temporary construction staging area, the property shall be 12 restored to its prior condition. 13 7. The hours of operation for use of the Staging Area will be no earlier than 7:00 A.M. 14 to no later than 6:00 P.M. 15 8. The property owners agree that the County shall have the right to access the property 16 for the purpose of inspection to monitor and ensure that compliance with the terms 17 and/or provisions of this special permit is obtained and maintained. 18 9. Use of covered conveyors and enclosed storage areas to minimize dust emissions is 19 and shall be required. 20 10. The Mobile Crusher ("Mobile Processor") shall be located towards the center of the 21 staging area(as shown on the subject site plan)to minimize noise audible to the 22 adjacent residential areas. 23 11. The contractor shall at all times utilize/implement spray systems and misting 24 technology to suppress dust at all processing, loading, and unloading locations/points. 25 12. Concrete, sand, and aggregates shall at all times be delivered in a dampened state 26 using covered trucks. If such materials have dried out, for example during transit, 27 they shall be promptly dampened again before being dumped. 28 29 Attachment(s): 30 Site Plan 31 ASTEC GT440 Track-Mounted Crushing Plant Spec Sheet 32 Page 7 of 9 (File 42025-045) 3865 Attachment 1 Revised site plan 3866 Attachment 2 ASTEC GT440 Track-Mounted Crushing Plant Spec Sheet 3867 N'6 ' (�r�/D�%%///f/i/��/��/%/////%%' j ��/////' +f� % 1I (( f uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu �„ ct 4-5 �ct-+ •��-',, '� � ct It ct ct Ir/ i ell Alk, CID , �, jo oc ^ O , CL � O O U oc O as �.., N p / '� '� �--� •�°°� M a ct ,� N N O cu co co bb rA °y v v O U N O �' �' O INC ct vj 4-4 cr •'� •�' ct = v U •� � � � O `�' p c� � O U 1�4 O U ^ •j CA r--a ct fr11 ij r// / Al / v -0cu c� 4-4 co — dUj N 4-0 _ Ct oc�34 �-4 v� OD yy11 Ia 34 LT r Ak 767` 64, , / ��a ,,uP�llfll>'���/r�l/�/�+��du��f� Y"�� w ..R• � 45 I r 10 Ad CD CL now A P a I 4 i 1. rtl � ,° y� � � e" �. � 'lug � •�°F wy a) $ �I r ® q i p L r� 4-0 L •ICI ,'�"t y r 0 rr �° CF) N '%5g, rv✓ s P x r i�j y jjj}}}}yy, J',) �J' k �X X d L S tl tl 1 lxhpyl Me / I �ii„�i/<, / , ii��iii u>Y�m�w �uwm+rru am�rmum!�srr�i�w/ , �i�mmurmr>mumrmuam>u� m n�ii i �uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu iuu� ulu! ,I r j hm/W° n ��ji/i/�/// ;% ./p�0,If / fir- Il /� / / •FilI Mill On I, ' im i l�y f2 ullroIV V cu Q cu l All 7,111, Q ,� •ICI ���I �r�/%r�„'!Q vF>ri , w� S4 pj ' /�% 1 4-0 tM N ` O OD b o %f fci •�-•� 4-4 c1t ►� Ct 4-4 ct c ct ct �--� ct M M ct bA .,-0 M ct M ct CL cn 211 clt ��-' j � cu ® CU � . c .O ct � . 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