Resolution 134-1989
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Donald Craig, A.C.A.
Growth Management Division
'89 17 Al0 :37
RESOLUTION NO. 134 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMl.nS-
SIONERS OF MONROE COUNTY, FLORIDA, CONDITION-
ALLY APPROVING THE REQUEST OF THE BIG K
SEAFOOD COMPANY, INC. FOR A MAJOR CONDITIONAL
USE DEVELOPMENT ORDER.
WHEREAS, The Big K Seafood Company, Inc. heretofore applied
for major conditional use development approval for the purpose of
constructing a 3,200 square foot building to house a mariculture
operation for commerical sales, and
WHEREAS, the said application for major conditional use
development approval has been reviewed by the County Commission
and found to be appropriate upon the compliance by The Big K
Seafood Company, Inc. of those certain required conditions
contained in the Monroe County Planning Commission's Major
Conditional Use Development Order 1-89, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the petition for major conditional
use development approval filed by The Big K Seafood Company, Inc.
for the purpose of constructing a 3,200 square foot building to
house a maricul ture operation for commercial sales be and the
same is hereby conditionally approved upon the compliance by
the Big K Seafood Company, Inc. of those certain required
conditions contained in the Monroe County Planning Commission's
Major Conditional Use Development Order 1-89, a copy of which is
attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of March, A. D. 1989.
(Seal)
Attest : DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ,?J/~~ti:n
~~j)L
AJIMOV~D AS TO I'OIIM
. A_:D K!J:~NC~
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION
MAJOR CONDITIONAL USE
DEVELOPMENT ORDER
1-89
WHEREAS, the Planning Commission of Monroe County, Florida,
held a public hearing on _.JaI]~.ary.._l~,_..J.98~____, in accor-
dance with the provisions of Section 9.5-69 of the Monroe County
Land Development Regulations, to consider the application of
Q,~~id NaY!lrro. The Big K Se~,(oo(:t_9Qm~.~~.Y.I.__..Ll)c.
for a maj or
conditional use approval, on'the following described property:
Part of Government Lot 1. SectJ(:>nl~".. ~Q1"J~~h!.IL~5S. Range 34~
~_ 59.3. Grassy Key.L RE#99~~Q.... ',____. ........._.__._._____
to permit the maj or condi tiona.1 use of~Q..S.9nst~uct a 3...L-200__
l!~are foot bui lding to house,_~, .~.~~!.~4J.~\.!~.~ _ 9~ration for
~ommerciaLJ!~!es. . ._ ._.__.. .,.___ ......__.._.
WHEREAS, after considering the application for development
approval for the major conditional use on the above-described
property, the Planning Commission has concluded that said MAJOR
~,
CONDITIONAL USE DEVELOPMENT ORDER shall be: granted
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granted with the following conditions:
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140 1. The bufferyards shall confor~_ to. the requirements of the
Land Development Regulations of_ class E on the sub~rban resi-
dential portion and class F on ~pe u~tive_~orti9n;
~~ Approval for the developmCilnt_ i.!-~Q.J?E!_!~'LtwO_.R.b~j;~hich_
shall be consistent with the fol~~in9..:
a) Phase one approval is limitecL~Q__tJ'1e._!Hltching and raising
of fish; b) One building shall_~~~on~tructed on the site to
facilitate the hatching and rai~t~_o~,fish; c) No structureL-
temporary or permanent. involving-proc~ss!ng s~all be p'laced
on the site until such time thaj;_th~ ~PJ21i~ant retl1rn~
to the planning commi ssion f~!,_'p'ha~~~~JL!lP'proval; d) Phase~
two. as described by the applic~l.1~__sh.all consist of a closed._
system for the processing of alJ_fish products and the pro-
duction of fi sh food; e) Wi thin.~.J?eri9d_!1ot to exceed six 1&1
months. the applica~~ shall. su~~i~to the planning commission
phase two. which shall consis~ .Qf,~_9.Q!!I.RJJ~t~~.9kage illus- _
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fill'
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trating the types of machinery_~~~facilities to be used for
the processinq of all fish produc~s and the disposal of any
~!lste materialsi f) The applicaJ1~.-!.h~.tl also submit to the
~.Q~i ssion proof that they .hC!Y~.l1~ld Q.1l-si!;e me~1;ings with
~heir neighbors, inviting th~rn_.t<?....Y~~.w__th!!_.faci.!ity.
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UNDER THE AUTHORITY of Section 9.5-72 of the Monroe County
Land Development Regulations, this conditional use approval
shall become null and .void, wi th no further action required by
the County, three and one-h~lf years after the date of the origi-
nal approval unless all required certificates of occupancy neces-
sitated by the conditional use approval have been obtained.
PURSUANT TO Section 9.5-72(a) of the ~onroe County Land De-
velopment Regulations, a condi tional use permit shall not be
transferred to a successive owner wi thout notification to the
development review coordinator wi t,hin fi fteen (15) days of the
transfer.
NOW, THERE~ORE BE IT RESOLVED, by the Planning Commission of
Monroe County, ~lorida" that the major conditional use permi t
for the development described above is hereby granted according
to the terms and conditions set forth therein.
Date:
2./ It. Iff~
_ .&Y.. _~-'.
Ed
KIosk!,
Chairman
REFERENCE:
In the event that this development order constitutes
an amendment, extension, variation, or alteration of a previous
conditional use permit, that document may be referenced by the
following
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STATE OF FLORIDA,
COUNTY OF MONROE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said, to take acknowledgment, personally appeared ED KLOSKI, to
me known to be their person described in and who executed the
foregoing instrument and he acknowledged before me that he
exeucted the same.
WITNESS my hand an<;l j official' seal in/the County ~!1d -; State
last aforesaid this ! !.'" day of , _-I fvr ,l. "n ,. ". ,
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STATE OF FLORIDA
-- Nofary 'uf:!it, Stafe or F~or!.t:r . .
. Mr Commission Expires f:;!:~;:l 1 i', 19~2
Io"de" 'hI" r.o, to;" . "'.:.o'en,. Ntc. ....
I, the undersigned, do hereby attest that I have read and agree
to the conditions listed above.
jJ.rc- ;r-'5p~p c;.... I,vt:,
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PROPERTY OmtER
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2 -17' - Sf?
DATE
. . / { , J: '. ,.'
NOTARY PUBLIC, STATE OF FLORIDA
This instrument prepared by:
Kathleen T. Garcia
Monroe County Planning Department
.orA~Y PUBtIC STATl Of rto~ID~
., CC..JSSIOI (". IAI l:.199~
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RESOLUTION OF -
' MONROE COUNTY PLANNING COMMISSION
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WHEREAS,i ani application for major conditional use, approval
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has been submitted to the .development .review coordinator by. Da
• vid Navarro, 1Theig K Seafood Company, Inc: ,' owner of real prop- :
erty known as" Part of .:Government Lot 1,'- Section 19, Township
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65S;' .Range'.34E,:.MM 59.3;;; Grassy. Key, and - •
WHEREAS;' theland use_ designations on said property are ..sub-
• •urbanresidential;, and, native •area,. and
•WHEREAS,::the! applicant is seeking a major conditional use: ap •
-
• proval; in:: order; to . construct . a 3,200 square foot building to
house, a. mariculture operation for commercial' sales, and •
WHEREAS,,'the development review z coordinator has.. determined
that•'the`,,application'-for. a• major conditional use. approval is com-
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plete pursuant2;to Section 9.5-4.4 of the Monroe :County Land Devel-
opment, Regulations,.. and
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.WHEREAS, ,, the : Monroe County Planning Department staff has,
• upon,: review of:',-the application, prepared and submitted a report -
with. recommendation to the Monroe County Planning Commission, and
WHEREAS, 'a '`:public hearing on the application was conducted •
by the Monroe County Planning Commission on January 19, 1989, at
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which, time the; planning T department staff presented a narrative
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_.:ems_ .sr::-;1 i L' t«�.(f .k�'t; �Fc-Ytlt' e�5a:6e'ty;'•,c. �d ,a I -? I- .7f�. a •
and 'graphic '
descriptionof the property which was the subject of
the application for the major conditional use approval,. fand
WHEREAS, the planning department staff also presented a writ-
ten and oral report with the recommendation that major condition-
al use approval1 be granted subject to the following conditions:
1 . The '. bufferyards shall conform to the requirements
of the land development regulations of class E On the suburban
residential.- portionIand :class F on` the native portion;
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',` 2 . Approval for the development is to be in two phases
which •shalln be consistent with. the following:
a) , Phase . one., .approval is limited .to the hatching and
raising; of fish,'
b) One) : building shall be constructed on the site to
facilitate the' hatching and raising of fish;
c) Ng structure, temporary or permanent, involving pro-
cessing , shall be; placed on- the site until such time as the appli-
1I
cant returns to :the planning commission for phase two approval;
-i' I d) Phase I two, as described by the applicant, shall con-
sist;' of a closed ;system for the
processing of all fish products
and 'the production of fish food;
., : e)
.•Within a
period not to exceed . six (6) months,, the
applicant shall ; 'submit -to the planning commission phase two,
which shall ' onsi'st of, a complete package illustrating the types
of machinery and:Lfacilities to be used for the processing of all
fish products and-the disposal of any waste materials;
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f) The applicant shall also submit to the commission
proof that they have held on-site meetings with their neighbors,
inviting them to ,view the facility, and •
WHEREAS, the Monroe County Planning Commission has reviewed
the application, and considered the report and recommendation of
the planning staff, evidence and testimony presented by appli-
cant establishing compliance with applicable provisions of the
Monroe County Land Use Plan, as well as, evidence and testimony
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by members of the' public, be it resolved as follows:
1. Based upon the report and recommendation of the Monroe
County Department of Planning staff, evidence and testimony sub-
mitted' to the Monroe County Planning Commission at the Public
Hearing conducted on January 19, 1989, and in accordance with
the provisions, of article VII of the Monroe County Land Develop-
ment Regulations of the Monroe County Planning Commission makes
the following findings and conclusions:
The application for major conditional use approval, as
modified by the conditions imposed by the planning staff:
• 1. Is ,consistent with the uses and densities permit-
ted in . the suburban residential and native area land use dis-
tricts ,
2. Minimizes adverse impacts on •the environment;
3. Provides adequate legal provision to guarantee com-
pliance, with applicable, open space ratios.
4. Is consistent with the purposes, goals, objectives
and standards of the Florida Keys Comprehensive Plan and Land
Development Regulations.
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2 , The Monroe County Planning Commission hereby ' approves
the ,:application for major conditional use approval submitted by
David Navarro, .,:The Big K :Seafood Company; Inc. , for the property
known as Part of Government Lot 1, Section 19, Township 65S,
Range 34E, MM 59.3, Grassy Key, subject to the following condi-
•tions: •
1. The bufferyards shall conform to the requirements
of the ; Land Development Regulations of class E on the suburban
residentialpOrtionand .elass- F on the native portion,
Appioval' for , the development is to be in two phases
whichHShall: be.. consistent with the following:
a) Phase one approval is limited to the hatching and
raising of fish; .
b) One building: shall be constructed on the site to
facilitate the hatching and raising of fish;c) No structure, ,temporary or permanent, involving pro-
cessing shall be placed on the site until such time that the
applicant returns . to the planning commission for phase two
ap-
proval, j II
d) Phase two, as described by the applicant, shall con-
,
sist .of a closed ; system for . the processing of all fish.. products
and the production of fish food;
e) Within a period not to exceed six (6) months, the
• applicant shall submit to the planning commission phase two,
which shall consist of a complete package illustrating the, types
of machinery and facilities to be used for the processing of all
fish products and the disposal of any waste materials;
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f) The applicant shall also submit to the commission
proof that they have held on-site meetings with their neighbors,
inviting' them Ito view the facility, and
3.. The applicant, David Navarro, The Big K Seafood Company,
Inc. is hereby authorized to proceed with preparation of such
documents as required by the director of planning for phase two
approval.
IT IS HEREBY CERTIFIED that this resolution was adopted by a
majority of . the `embers of the Monroe County Planning Commission
• at. a .meeting on - =' f :.r,.. ; . `�� , 1989.
MONROE COUNTY PLANNING COMMISISON
By: C. C. (C (e,
Chairman
NOTE:. Please be advised that your reliance upon the action set
forth in this resolution must be subject to the right of appeal
by aggrieved persons pursuant to the Monroe County Code, and the
right of appeal ,by the Florida Department of Community Affairs
for. a period of .forty-five (45) days from receipt of this resolu-
tion. . .
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:te r
516%, -'-' .1Qoy y
Alannp IL. 1ao[[jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)743-9036 • KEY WEST, FLORIDA 33040 TEL.(305)852-9253
• TEL. (305)294-4641
•
March 17, 1989
CERTIFIED MAIL ,
RETURN RECEIPT REQUESTED
---Department ment of Community Affairs------ a
Howard Building--- "'
1 ecutive Center :Circle, East
Tallahassee, Florida 32301
and -
Department of Community Affairs
Post Office Box 990
Key West, Florida 33041
Gentlemen:
At a Regular Meeting in formal session on March 7, -
1989, the Board of County ,Commissioners of Monroe County
adopted Resolution No. 134-1989 conditionally approving the
request of. The Big K Seafood Company, • Inc. for a Major
Conditional Use Development Order.
Enclosed please find a certified copy of said
Resolution.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
by• `-la.4
l,„4.0.3
Rosalie L. Con oily
Deputy Clerk
Enclosure
cc: Mayor M. Puto
Commissioner E. Lytton
County Attorney R. Ludacer
County Administrator T. Brown
Asst. Co. Admin. D. Craig