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HomeMy WebLinkAboutItem R05COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: 26-0395 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Granting a Special Permit to Allow for a Temporary Construction Staging Area at Property Located at 827 Bonito Lane, Key Largo, Currently Having Parcel Identification Number 00483830-000000, Related to the Rock Harbor Breakwater Repair & Seaweed System Water Quality Improvement Project. 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 the Rock Harbor Breakwater, Physical Weed Fence and Air Curtain project being carried out by Monroe County. Property Location: Key Largo, approximate mile marker 95 (Oceanside of US 1) Address: 827 Bonito Lane, Key Largo Legal Description: Lots 6 & 7 Less the Southwesterly 2.5 Feet, Block 6, of the Amended Plat of Sunrise Point Addition, Plat Book 4 Page 41, Key Largo, having Parcel Identification Number: 00483830-000000 Property Owner/Applicant: Maida Izquierdo Diaz Agent: Josh Ptomey, WSP, USA. Size of Site: 13,260 SF per Monroe County Property Appraiser Land Use District: Improved Subdivision (IS) Future Land Use Map (FLUM) Designation: Residential Medium (RM) Tier Designation: Tier III Flood Zone: AE-8 Existing Use: Developed Land Existing Vegetation/Habitat: Scarified/Developed Community Character of Immediate Vicinity: Single family residential This project (the Rock Harbor Breakwater, Physical Weed Fence and Air Curtain project) is part of the Water Quality Improvement and Resilience programs being funded by Monroe County for Canal Restoration Demonstrations. The Scope of Work for the project is to repair the breakwater and add the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled the boulders over the breakwater, which prior to the stone was providing a significant level of resiliency and storm surge protection to the homes. With the breakwater structure now severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due to storms, astronomical high tides, and sea level rise. The repair activities are to be completed to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the ocean during the extreme heat of the summer that now clogs canals 82, 83 and 84, causing severe water quality problems, respiratory and health issues and environmental disaster. Repairing the breakwater and adding the air curtain and seaweed prevention system will help maintain better water quality in the canal systems near the breakwater, helping residents avoid respiratory distress and other health problems. The subject application is to provide for a temporary construction staging area for equipment and materials. Types of Equipment and Materials that are proposed to be stored in the Staging Area are limited to Trucks, clean fill material, and excavators to repair the breakwater and install the air curtain and seaweed barrier The BOCC has the authority to approve temporary construction staging areas in accordance with MCC §6-3. A special permit may be granted by resolution by the BOCC to allow a property to be used as a construction staging area for an off -site project. The BOCC shall hold a public hearing on the request for a temporary construction staging area and shall issue a resolution granting, granting with conditions or denying the request. The resolution shall take effect on the date of enactment by the BOCC. 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 shall approve the temporary construction staging area location and use and shall not override or substitute for any other provision of the Florida Building Code and Monroe County Code 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 canal 82, which serves the Rock Harbor Breakwater, Physical Weed Fence and Air Curtain project. (2) The temporary construction staging area shall serve a project being carried out by a governmental agency: In compliance. The breakwater restoration project is being carried out by the Monroe County BOCC. (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: In Compliance. (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 is located in an open area of a developed lot. No native vegetation is proposed for clearing (removal). (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 (a) avoid substantial harm to public health or safety; (b) avoid substantial harm to, or impairment of the normal use of, a public place; and/or (c) avoid substantial harm to the environment. (9) 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: (a) Provide a deadline for termination of the construction staging area; (b) Limit the hours of operation; (c) Limit the type of equipment and materials on the site; (d) Require fencing, landscaping and/or other screening to limit potential visual and noise impacts of the use on adjacent property owners; and (e) Require surface water management improvements to the affected site: The BOCC reserves the right to attach such conditions to any special permit approval at the February 18, 2026 public hearing. The property shall be restored to its prior condition: Compliance to be determined upon termination of the staging area. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: 2026-024 Staff Report 02_02_2026 2026 024 Draft BOCC Resolution 02 02 2026 Rock Harbor Breakwater Plan Set FINANCIAL IMPACT: R5. A Public Hearing to Consider Approval of a Resolution Granting a Special Permit to Allow for a Temporary Construction Staging Area at Property Located at 827 Bonito Lane, Key Largo, Currently Having Parcel Identification Number 00483830-000000, Related to the Rock Harbor Breakwater Repair & Seaweed System Water Quality Improvement Project. MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: The Monroe County Board of County Commissioners Through: Devin Tolpin, Senior Director of Planning & Environmental Resources From: Michael Roberts, Assistant Director/Environmental Resources Date: January 30, 2026 Subject: A Public Hearing to consider a resolution of the Monroe County Board of County Commissioners approving a special permit allowing a temporary construction staging area at property located at 827 Bonito Lane, Key Largo (Real Estate 00483830-000000), related to the Rock Harbor Breakwater Project. Meeting: February 18, 2026 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 the Rock Harbor Breakwater, Physical Weed Fence and Air Curtain project being pursued by Monroe Countyr. 1 Subject Property in Blue (Aerial dated 202 1 1 II BACKGROUND INFORMATION: Page 1 of 5 2 Location: Key Largo, approximate mile marker 95 (Oceanside of US 1) 3 Address: 827 Bonito Lane, Key Largo 4 Legal Description: Lots 6 & 7 Less the Southwesterly 2.5 Feet, Block 6, of the Amended 5 Plat of Sunrise Point Addition, Plat Book 4 Page 41, Key Largo, having Parcel Identification 6 Number: 00483830-000000 7 Property Owner/Applicant: Maida Izquierdo Diaz 8 Agent: Josh Ptomey, WSP, USA. 9 Size of Site: 13,260 SF per Monroe County Property Appraiser 10 Land Use District: Improved Subdivision (IS) 11 Future Land Use Map (FLUM) Designation: Residential Medium (RM) 12 Tier Designation: Tier III 13 Flood Zone: AE-8 14 Existing Use: Developed Land 15 Existing Vegetation/Habitat: Scarified/Developed 16 Community Character of Immediate Vicinity: Single family residential 17 18 III REVIEW OF APPLICATION: 19 20 This project is part of the Water Quality Improvement and Resilience programs being funded 21 by Monroe County for Canal Restoration Demonstrations. The Scope of Work for the Rock 22 Harbor Breakwater and Weed Barrier System Restoration is to repair the breakwater and add 23 the air curtain and seaweed prevention system. During Hurricane Irma, the storm surge toppled 24 the boulders over the breakwater, which prior to the storm was providing a significant level of 25 resiliency and storm surge protection to the homes. With the breakwater structure now 26 severely damaged, this low-lying subdivision is subject to frequent and persistent flooding due 27 to storms, astronomical high tides, and sea level rise. The repair activities are to be completed 28 to return the breakwater structure to its previous condition prior to Hurricane Irma. In addition, 29 the breakwater provided a barrier to the heavy loading of floating seaweed coming in from the 30 ocean during the extreme heat of the summer that now clogs canals 82, 83 and 84, causing 31 severe water quality problems, respiratory and health issues and environmental disaster. 32 Repairing the breakwater and adding the air curtain and seaweed prevention system will help 33 maintain better water quality in the canal systems near the breakwater, helping residents avoid 34 respiratory distress and other health problems. 35 36 The subject application is to provide for a temporary construction staging area for equipment 37 and materials. Types of Equipment and Materials to be stored in Staging Area is limited to: 38 39 1. Trucks, clean fill material, and excavators to repair the breakwater and install the air 40 curtain and seaweed barrier Page 2 of 5 (File 42026-024) 2 The BOCC has the authority to approve temporary construction staging areas in accordance 3 with MCC §6-3. A special permit may be granted by resolution by the BOCC to allow a 4 property to be used as a construction staging area for an off -site project. The BOCC shall hold 5 a public hearing on the request for a temporary construction staging area and shall issue a 6 resolution granting, granting with conditions or denying the request. The resolution shall take 7 effect on the date of enactment by the BOCC. 9 Applicability. A temporary construction staging area for an off -site project is a permitted 10 activity in any land use (zoning) district, provided it is approved by a special permit and meets 11 the criteria set forth in MCC §6-3. This special permit shall approve the temporary construction 12 staging area location and use and shall not override or substitute for any other provision of the Page 3 of 5 (File 42026-024) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Florida Building Code and Monroe County Code 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 canal 82 and serves the Rock Harbor Breakwater, Physical Weed Fence and Air Curtain project. (2) The temporary construction staging area shall serve a project being carried out by a governmental agency: In compliance. The breakwater restoration project is being carried out by Monroe County, Florida. (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: In Compliance. (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 area of a developed lot. No native vegetation is proposed for clearing (removal). (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. Page 4 of 5 (File 42026-024) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (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 a) avoid substantial harm to public health or safety; b) avoid substantial harm to, or impairment of the normal use of, a public place; and/or c) avoid substantial harm to the environment. 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: a) Provide a deadline for termination of the construction staging area; b) Limit the hours of operation; c) Limit the type of equipment and materials on the site; d) Require fencing, landscaping and/or other screening to limit potential visual and noise impacts of the use on adjacent property owners; and e) Require surface water management improvements to the affected site: The BOCC reserves the right to attach such conditions to any special permit approval at the February 18, 2026 public hearing. (9) The property shall be restored to its prior condition: Compliance to be determined upon termination of the staging area. IV RECOMMENDATION: The Planning & Environmental Resources Department recommends approval. Attachments: Design, Permitting & Construction Drawings Page 5 of 5 (File 42026-024) 1 2 MONROE COUNTY, FLORIDA 3 BOCC RESOLUTION NO. -2025 4 5 A RESOLUTION OF THE MONROE COUNTY BOARD OF 6 COUNTY COMMISSIONERS GRANTING A SPECIAL PERMIT 7 ALLOWING A TEMPORARY CONSTRUCTION STAGING AREA 8 FOR A CANAL RESTORATION/WATER QUALITY 9 IMPROVEMENT PROJECT ON PROPERTY LOCATED 827 10 BONITO LANE, KEY LARGO, DESCRIBED AS LOTS 6 & 7 LESS 11 THE SOUTHWESTERLY 2.5 FEET, BLOCK 6, OF AMENDED 12 PLAT OF SUNRISE POINT ADDITION, ACCORDING TO THE 13 PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 41, OF 14 THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA, 15 CURRENTLY HAVING PARCEL IDENTIFICATION NUMBER 16 00483830-000000. 17 18 WHEREAS, on January 28, 2026, an application was received for a special permit allowing 19 a temporary construction staging area at property located at 827 Bonito Lane, Key Largo, approximate 20 mile marker 95 (on the ocean -side of the Overseas Highway); and 21 22 WHEREAS, the property is described as Lots 6 & 7 Less the Southwesterly 2.5 Feet, 23 Block 6, of the Amended Plat of Sunrise Point Addition, Plat Book 4 Page 41, Key Largo, currently 24 having parcel identification number 00483830-000000; and 25 26 WHEREAS, the Monroe County Board of County Commissioners (`BOCC", "Monroe 27 County", "Board", or the "County") desires to grant the special permit allowing a temporary 28 construction staging area; and 29 30 WHEREAS, the temporary construction staging area would facilitate a water quality 31 improvement project being carried out by Monroe County; and 32 33 WHEREAS, due notice has been carried out and a public hearing has been held in 34 accordance with Monroe County Code of Ordinances Section 6-3; and 35 36 WHEREAS, at said public hearing, the Board considered the comment(s) and feedback of 37 all person(s) wishing to speak on the instant matter; and 38 39 WHEREAS, the Board hereby enters the following findings of fact and conclusions of 40 law: 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. The temporary construction staging area is not inconsistent with any of the criterion provided in Monroe County Code § 6 3; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Title, Recitals, Findings of Fact, and Conclusions of Law. The foregoing title, recitals, findings of fact, and conclusions of law are true and correct, and are hereby incorporated as if fully set forth herein. Section 2. The foregoing findings of fact and conclusions of law support the Monroe County BOCC's decision to approve the instant request for issuance of this special permit, subject to the following approval conditions: 1. The temporary construction staging area shall only be used in association with the Rock Harbor Breakwater and Weed Barrier System Restoration project. 2. The expected commencement date of the temporary construction staging area is no earlier than February 23, 2026. Construction will not extend beyond six (6) months and the termination date of the temporary construction staging area shall be no later than August 23, 2026. 3. Other than fencing, no temporary structure associated with the temporary construction staging area shall be located in any required setback. 4. Upon termination of the temporary construction staging area, the property shall be restored to its prior condition. Section 3. Interpretation. This Resolution and its interpretation shall be liberally construed and enforced in favor of the Monroe County BOCC and such interpretation shall be entitled to and granted great weight in adverse administrative proceedings, at trial, in bankruptcy, and on appeal, and all provisions of the Monroe County Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain management regulations, and Florida Building Code whose interpretation arises out of, relates to, or is interpreted in connection with this Resolution shall be liberally construed and enforced in favor of the Monroe County BOCC and such interpretation shall be entitled to and granted great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand, or liability. Section 5. Severability. If any provision of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this 2of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular public meeting of the Board held on this 18th day of February, 2026. Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Commissioner Craig Cates, District 1 Commissioner James K. Scholl, District 3 Commissioner Holly Merrill Raschein, District 5 LOW (SEAL) ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MAYOR MICHELLE LINCOLN 3 of 3 0014 w 0 uj z cr akauj o o o Lij uj 0 -a 0 M LU X U5 0 w 63 z z CO w 1000 ui (NOULWIHISNOO HO-A.LON) DNI1-LIWH3-d-NDIS3(3 %OOL 6,1 �8 P8 5 EB Pi it d. 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