HomeMy WebLinkAboutResolution 147-2025 r„
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MONROE COUNTY, FLORIDA
RESOLUTION NO. 147 -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
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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
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
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
1 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 arnendatorily supplementing
7 the existing temporary construction staging area special permit approved y 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 ortion 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 Yes
23 Mayor Pro Tern Michelle Lincoln, District 2 Yes
24 Commissioner Craig Cates,District 1 Yes
25 Commissioner David Rice, District 4 Yes
26 Commissioner Holly Merrill Raschein, District 5 Yes
27
28
. . BOARD OF COUNTY:COMMISSIONERS
29 OF MON p :I E COUNTY, FL ID:- A
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31 By: r
32 4 . YOR JAMES K. SCHOLL
{�1QNFPQE COUNTY ATTORNEY
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KeysNews.eom
KE , / ,
IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3954557
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, March 8,2025
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 10th day of March 2025
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name) (Notary Seal)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
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PAGE A6 MARCH 8-9,2025 Keys Citizen.Weekend Edition keysnews.com
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Toys are expected to cost more by fall due
to new US tariffs on Chinese imports
ANNEDINNOCENZIO their and the ill: are expected on games, t M icotobVclosVrme
n dP b th t Idff t dll dth t s ttheUSOWc th f fpl th gs b th b kt h 1 d th ghth f dentNEWYORK A t y g rg t h E4 g the g t dUS t ail
t t N arly 80% f th t f g e that U S con th ff t d b t ld th U.S a resourced lling to pay t t then ft tht tlr t ll t t for f C h a ccordmg h from$4 99 to neighboring North Amerit day annual trade t the loy Association,a $1999,leaving little wig cannations
h N York last national industry group gle room to raise prices,he And on Thursday,
eekcri a topic besides that sponsors the show for said frump Postponed 25%
which t destined l k theNorth It t abl Alr tariffs t goods from
f holiday wish lists per American lnte national said,noting that small M icofor a month amid
masted the displays. Toy Fair.Many toy mak- businesses make up widespreadfearsofthe
President Donald ersare now renegotiating roughly 96%of the Ameri- impact of a broader trade avminiA
'frump had announced prices with retailersand an toy industry. tr. Tonka toys are displayed at theToy Fair,in New Yo rk'SJaviets
days before that he taking a hard look at their c'1'rumpalso moved v'1'rumP's changing state- Center,Monday,March 3.
planned to increase the products to see if they can torwtrdthis week with meritsandpolfaesontar
-
ta tariff he put on Chi t is 25% tf products ff h ad t trll rig. last vea to get shipments of because he wastatt sure
trese imports inFebru Greg Ahearn,presi- imported from Canada ung for toy companies to 1 i trucks,Care Bears if the 60%tariff on Chi
-
rvto20%.Would he?By dent and CEO of'flue'ho; and Mexico.Some com- plan accordingly. and other toys his Boca trese goods that'frump dis-
'fuesdag the last day oIthe Association,said price Parties have moved some Basic Fun CEO Jay Fore- Raton,Florida based com- cussed on the campaign
Toy Fair,attendees had increases of l5%to 20% of their manu�curing man said he didn'erush late party produces in China tail would come to pass.
MONROE COUNTY BOARD OF COUNTY as 1 0 IIIIIII I
COMMISSIONERS NOTICE OF PUBLIC MEETING AND
i oii(sue �i
NOTICE OF PUBLIC HEARING plum",
L � -
MARCH 25,2025 ' �� IN Lk 'PPR FNYN S
rh>s2r�leo>,rc
NOR CE IS HEREBY GIVEN that Tuesday,March 25,2025 the Monroe Coumy Board of Coumy Commssoners i THE KEYS "cot,
l1 Gb�
will hold e public hearing,b g' 'get IO OO AM The BOCC meeting will be held'n by for at'
allowing the l rr
publ'cto attend e'therv'e Zoom Web or'n person Then person meeting will be held et the Murray Nelson A
Government Center,located at 102050 Overseas H ghway,Key Largo,FL,Thetollow'ng'temsw'll be considered
attene PUBLIC HEARING NOTICE OF AUDIT COMMITTEE MEETING
PUBLIC HEARINGS 10 OOAM(or assoon thereafter as maybe heard) AND REGULAR MEETING
925010VERSEASHIGHWAYTAVERNIER FLORIDA,MILE MARKER 92.5:A HLSOLUIION OF HILL MUNHUL CUUNI Y FLORIDAKEYS MOSQUITO CONTROLDISTRICT /
BOARD OF COMMISSIONERS UIOJVJ1lpJ/l'19DP'@@79L&JiAIIPDrl0WJ1W9i;
BOARD OF COUNTY COMMISSIONERSAPPROVIN6 AN AMENDMENT TO"SPECIAL PERMITALLOWINGATEMPORARY I t
CONSTRUCTION STAGING AREA FOR THE FLORIDA KEYS AQUEDUCT AUTHORITY(FKAA)AND ITS CONTRACTORS FOR TUESDAY,March 11,2025
CONSTRUCTION WORK ON PORTIONS OF U.S.I]CALLOW THE LOADING AND UNLOADING OF TRI-AXLE DUMPTRUCKS 1:00 PM
LOH IHL IMPOHI AND LXPOHI Of HILL HLUUIHLD BY HILL PROILC I,SIOHAGL Of HLAVY LUUIPMLN I,a OHAGL UL I 'p AI II
TRAFFIC DEVICES AND BARRICADES,STORAGE OF CONEX BOXES,AND THE PLACEMENT OF A MOBILE PROCESSOR, The Audit Committee Meeting will begirizt1pm. l
WHI CH a LUUIHLD IO PROCLWCHUM LXCAVAI LD MAI LHIAL LHOM I HIT I HUNCH LXCAVAI ION IO BIT HLUSLD IN I HL The Regular Meeting will Immediately fo OW. � i1 P�!
TRENCH AS BACKFILLABOVE THE PIPE;AT PROPERTY PARCELS OF LAND IN SECTION 27,TOWNSHIP 62 SOUTH,RANGE FKMCD Marathon Office u rr
30 LASI,IAVLHNILR,MUNHUL COUP I Y,LLOHIDA,HAVING PAHCLL IDLN I IHCAI ION NUMBLHS 00009490-000000 AND W4�N
503 107tMarathon,
FS3305 wtu;li r 1 mg +
eet
00490250-000000(FILE 2025-045),
Marathon,FL33050 r '
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEN DI N G RESOLUTI ON 140-2023, Mend bets of the publl C who wish to part)dpate virtual ly in ay
IHL PLANNING&LN VI HONM LN UAL HBO UHCLS PILLAR I MLN I TL SCHLDU T,IO I NCLUDL PAY MLN I Of HLCOHDI NG view the in cell ng at www.keysm osqul tca org/board-meet-
FEES BY PRIVATE APPLICANTS FOR DEVELOPMENT APPROVAL, ings,and may provide com m put ty input by calling 305-292-
o I ater than
Please visit the Monroe Count Webste at wwwmonroecoun for meet daudates and ON.
oreon Mil I nrch11,2025as@k with
yourosqunameo.org nddressand
y y gov gagen p agenda on March 11,itemwi you wish
to com mess,and
nformat on re ardn the variouscan ons ova lableto thepublictovew the lve meetn d/or to make r �
agenda with a phone her nu beryou you be
Comment on,
publ ccommenisoncertanagenda tams 1 ,E
along with a phone number you on be reached on the date
Pursuant to Section 2860I05 Aorida Starves,its person decides mappeal any deoision of Ne Board of County Oftltemeehng.fyou are attending the meeting remotely, Wf 14N-
c with respecr m anymaher considered at me meeting or nearing be or snewiiineedarecordonne you must remain available by phone from the hours of / y i.
p digs dthar,torsuchpurpose,he orshemayneed to ensures verbatimrecordotrhepioceedingsismode, 1:OOpm to 4:OOpm.
which
me testimony evidence upon which theappealis mbebased, In accordance with the Americans with Disabilities Act and "
Section 286.26,Florida Statutes,persons with disabilities
ADA ASSISTANCE:I/you are a person with a disability who needs special accommodations in onler to needing special accommodations in order to participate
participate in this proceeding,please contact the County Administrators Office,byphoning(305)2924441, in this proceeding are entitled to the provision of certain
between the hours alasoa.m.-5:00p.m.,no later than five(5)calendardayspnorto the scheduled meeting, assistance.Please Contact the District by calling
ilyw are hearing or voice impaired,cau79.^ (305)292-7190oremailingquestions@keysmosquito.org.1
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