Resolution 586-1992
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RESOLUTION NO. 586 -1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AFFIRMING PLANNING COMMISSION
RESOLUTION NO. P32-92 GRANTING A CHANGE TO AN
EXISTING DEVELOPMENT ORDER FOR THE REQUEST
FILED BY RAYBOB INC. DBA ITALIAN FISHERMAN
MARINA FOR APPROVAL OF A CHANGE TO AN
EXISTING MAJOR CONDITIONAL USE ALLOWING
EXPANSION OF THE MARINA, WHICH WILL INCLUDE
AN ADDITIONAL BATHROOM AND THE NEW ADDf'rION
OF A 4,868 SQUARE FOOT STORAGE BUILDING. THE
PROPERTY IS LOCATED AT 104000 OVERSEAS
HIGHWAY, AND IS DESCRIBED AS BEING SITUATED
IN SECTION 11, TOWNSHIP 61 SOUTH, RANGE 39
EAST, TALLAHASSEE MERIDIAN, KEY LARGO, MONROE
COUNTY, FLORIDA.
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WHEREAS, on December 20th, 1991, John Baiamonte, owner of
Italian Fisherman Marina, filed an application for a change to an
existing Major Conditional Use which would allow for the addition
of a bathroom and new 4,868 square foot storage building; and
WHEREAS, the subject property, known as The Italian Fisherman
Marina, is located at 104000 Overseas Highway, and is more
particularly described as being situated in Section 11, Township
County, Florida, Mile Marker 104.
61 South, Range 39 East, Tallahassee Meridian, Key Largo, Monroe
The Land usei3 Desig~ti~ is
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Suburban Commercial (SC); and
Page 1 of 5
MJITALI.27/TXTDR,92005
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WHEREAS, the staff report to the Development Review Committee
by Donna Bosold, Development Review Planner, dated January 29th,
00 1992, March 11th, 1992, June 1st, 1992, and recommended denial of
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en the change to the existing Major Conditional Use request, subject
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to being
in non- compliance with the Monroe County Code,
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Amended, but supported further review as being appropriate,
since the items of non-compliance could be resolved; and
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WHEREAS, the staff report to the Planning Commission by
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Donna Bosold, Development Review Planner, dated August 7th, 1992,
recommended approval of the change, subject to certain specified
conditions; and
WHEREAS, the Planning Commission held a public hearing on the
proposed addition and expansion on September 3rd, 1992; and
WHEREAS, the Planning Commission at said public hearing
reviewed the Development Review Committee report, the various
Departmental staff reports, and heard testimony from Mr. Richard
E. Hopkins, agent for John Biamonte, owner of Italian Fisherman
Marina; and
WHEREAS, the Planning Commission voted unanimously at said
public hearing to approve the addition of the bathroom and the
Page 2 of 5
MJITALI.27jTXTDR,9200S
Initials
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new expansion of a storage building, subject to certain specific
conditions; and
WHEREAS, on September 24th, 1992, the Chairman of the
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~ expansion as Planning Commission Resolution P32-92; and
Planning Commission issued a Resolution for the proposed
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WHEREAS, according to Section 9.S-69(e) of the Monroe County
Code, Amended, that Resolution has been placed on the Consent
Agenda of this Board; and
WHEREAS, no person has appealed that Resolution to this
Board, and no member of this Board desires to remove the
Resolution from the Consent Agenda; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. That Planning Commission Resolution #P32-92,
including
all
the
conditions
terms,
and
requirements
contained therein, is hereby attached to this resolution and
made a part hereof.
Section 2.
That Planning Commission Resolution #32-92,
including
all
the
conditions
terms,
and
requirements
contained therein, is hereby affirmed.
Page 3 of 5
MJITALI.27/TXTDR,9200S
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Section
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That
this
Board's
Findings
of
Fact
and
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Conclusions of Law are predicated upon those specified in
Planning Commission Resolution #32 - 92, and which this Board
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hereby adopts as it's own.
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Section 4. That as required by Section 9.5 -72 (a) (1) of the
Monroe County Code. Amended:
a.
Application (s) for a building permit (s) shall be made
within six (6) months of the date of this approval; and
that
b.
All required certificates of occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit.
Section 5. That the Clerk of the Board is hereby directed
to forward a certified copy of this Resolution to the Monroe
County Planning Department.
Section 6. That the Clerk of the Board is hereby directed
to file a certified copy of this Resolution in the Public
Records of Monroe County, Florida.
Page 4 of 5
MJITALI.27/TXTDR,92005
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PASSED AND ADOPTED by the Board of County Commissioners of
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Monroe County, Florida, at a regular meeting of the Board held on
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the 8th day of December, A.D. 1992.
Mayor London Yes
Mayor Pro Tern Cheal Yes
Commissioner Harvey Yes
Commissioner Freeman Yes
Commissioner Reich Yes
BY
BOARD OF COUNTY COMMISSIONERS
OF~~OUNTY' FLORIDA
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MAYOR/CHAIRMAN
(
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY C~K
APPRQ
AND L
,y
Page 5 of 5
MJITALI.27/TXTDR,92005
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Planning Department
RESOLUTION NO. P32-92
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION GRANTING THE REQUEST BY RICHARD E.
HOPKINS, AGENT FOR JOHN BAIAMONTE, SR. FOR A
CHANGE TO AN EXISTING MAJOR CONDITIONAL USE
FOR ITALIAN FISHERMAN MARINA. THIS WAS A
REQUEST TO ADD A BATHROOM AND NEW 4868 SQUARE
FOOT STORAGE BUILDING ON PROPERTY DESCRIBED
AS 104000 OVERSEAS HIGHWAY, KEY LARGO,
FLORIDA.
WHEREAS, the Monroe County Planning Commission during a
regular meeting held on September 3rd, 1992, conducted a public
hearing on the request fi led by Richard E. Hopkins, agent for
John Baiamonte Sr., Raybob Inc., dba Italian Fisherman Marina
located on Lot 24, Block 9, Plantation Key Colony Subdivision,
Section 5, Township 63 South, Range 38 East, Tallahassee
Meridian, Plantation Key, Monroe County, Florida, and located at
approximately Mile Marker 91. The land use designation is
Suburban Commercial (SC); and
WHEREAS, the Planning Commission
information via the following:
presented
with
was
1. The Application for Development Approval filed by John
Baiamonte, Sr., Raybob Inc., dba Italian Fisherman Marina; and
2. The case file prepared by stCl.ff of the Planning Department
for the Planning Commission's hearing on this matter, which
file includes the staff report prepared by Donna Bosold,
Upper Keys Development Review Planner, dated August 7th, 1992
which recommended approval; and which file is hereby
incorporated by reference as a part of the record of said
hearing; and
3. The sworn testimony by members of the Monroe County Planning
Department, and
4. The presentation and sworn testimony of Richard E. Hopkins,
agent for Mr. Baiamonte; and
5. The comments of Garth Coller, Esquire, Planning Commission
counsel, and Assistant County Attorney; and
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WHEREAS, ~he Planning Commission has made the following
Eindings of Fact and Conclusions of Law:
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1. The communi ty character of the immediate vicinity of the
parcel proposed for development is predominantly developed,
with commercial uses such as marinas, restaurants and a hotel
under construction on the bayside of U.S. 1 and less intense
commercial uses and residential uses on the oceanside of U.S.
1; and that
2. The proposed development as approved minimizes adverse ef-
fects, including visual impact of the proposed use on adj a-
cent properties by the use of additional buffers and improved
site access; and that
3.
There are adequate public faci li ties to serve the proposed
use as approved; and that
A new septic tank has been approved; and that
The applicant has the financial and technical capacity to
complete the development as proposed and will have made
adequate legal provision to guarantee the provision and de-
velopment of any open space and other improvements associated
with the proposed development; and that
The development will not adversely affect a known archaeolog-
ical, historical or cultural resource; and that
7. Public access to public beaches and other waterfront areas is
unaffected by the proposed development; and that
8. The proposed use complies with all additional standards im-
posed on it by the particular provi sion of the development
regulations authorizing such use and by all other applicable
requirements of the Monroe County Code with the exceptions of
the need for revised drainage calculations and a legally
binding access agreement, both of which have are conditions
of this approval; NOW THEREFORE
The proposed development as approved by staff is consistent with
the purposes, goals, objectives, and standards of the plan and
the development regulations and specifically the purpose of the
Mixed Use District; and that
NOW THEREFORE, the Planning Commission hereby conditions this
approval of a change to a major conditional use as follows:
1. That the Affadavit of Temporary Access meet the legal
sufficiency standards of the Monroe County Attorney's office
and is signed by applicable parties and is recorded; and that
2. That the applicant shall submit a final development plan
showing corrected drainage calculations; and that
3. These condi tions must be met prior to this approval being
effective; NOW THEREFORE
MJITALI.20/TXTDR,9200S
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BE IT RESOLVED BY THE PLANNING COMMI SS ION OF MONROE COUNTY,
.FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support thei r deci sion to GRANT the change to an exi sting
Maj or Condi tional Use, as condi tioned, to John Baiamonte, Sr.,
Raybob Inc., dba Italian Fisherman Marina to add a bathroom and a
new 4868 square foot storage building on property described as
~l04000 Overseas Highway, Key Largo, Florida.
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PASSED
AND
ADOPTED by the Planning Commission of Monroe
Florida,
at a regular meeting held on the 3 rd day of
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('o.J September, 1992.
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Chair Haskell
N/A
N/A
Vice-Chair Mravic
Commissioner Kloski
YES
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Commissioner Mannillo
YES~
Commissioner Miller
YES .
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
By
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Monica Haskell, Chair
Signed this
day of
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, 1992.
NOTICE
This instrument shall not take effect for thirty (30) days
following the date of memorialization thereof, and during that
time period shall be subject to appeal as provided in Section
9.5-523(d) of the Monroe County Code, Amended. An appeal shall
stay the effectiveness of this instrument until resolved.
Also, pursuant to Chapter 9J-1, Florida Administrative Code,
this instrument shall not take effect for forty-five (45) days
following proper rendition to the Florida Department of Community
Affai rs, and wi thin the forty- fi ve (45) day review period the
Department of Community Affairs can appeal this instrument to the
Florida Land and Water Adjudicatory Commission, and that such an
appeal stays the effectiveness of this instrument until the
appeal is resolved by agreement or order.
MJITALI.20/TXTDR,92005
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RESOLUTION No..58Gt -1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AFFIRMING PLANNING COMMISSION
RESOLUTION NO. P32-92 GRANTING A CHANGE TO AN
EXISTING DEVELOPMENT ORDER FOR THE REQUEST
FILED BY RAYBOB INC. DBA ITALIAN FISHERMAN
MARINA FOR APPROVAL OF A CHANGE TO AN
EXISTING MAJOR CONDITIONAL USE ALLOWING
EXPANSION OF THE MARINA, WHICH WILL INCLUDE
AN ADDITIONAL BATHROOM AND THE NEW ADDITION
OF A 4,868 SQUARE FOOT STORAGE BUILDING. THE
PROPERTY IS LOCATED AT 104000 OVERSEAS
HIGHWAY, AND IS DESCRIBED AS BEING SITUATED
IN SECTION 11, TOWNSHIP 61 SOUTH, RANGE 39
EAST, TALLAHASSEE MERIDIAN, KEY LARGO, MONROE
COUNTY, FLORIDA.
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WHEREAS, on December 20th, 1991, John Baiamonte, owner of
Italian Fisherman Marina, filed an application for a change to an
existing Major Conditional Use which would allow for the addition
of a bathroom and new 4,868 square foot storage building; and
WHEREAS, the subject property, known as The Italian Fisherman
Marina, is located at 104000 Overseas Highway, and is more
particularly described as being situated in Section 11, Township
61 South, Range 39 East, Tallahassee Meridian, Key Largo, Monroe
County, Florida, Mile Marker 104.
The Land Use Designation is
Suburban Commercial (SC); and
Page 1 of 5
MJITALI.27jTXTDR,92005
Initials
~_....,.._"
WHEREAS, the staff report to the Development Review Committee
by Donna Bosold, Development Review Planner, dated January 29th,
1992, March 11th, 1992, June 1st, 1992, and recommended denial of
the change to the existing Major Conditional Use request, subject
to being in non-compliance with the Monroe County Code.
Amended, but supported further review as being appropriate,
since the items of non-compliance could be resolved; and
WHEREAS, the staff report to the Planning Commission by
Donna Bosold, Development Review Planner, dated August 7th, 1992,
recommended approval of the change, subject to certain specified
conditions; and
WHEREAS, the Planning Commission held a public hearing on the
proposed addition and expansion on September 3rd, 1992; and
WHEREAS, the Planning Commission at said public hearing
reviewed the Development Review Committee report, the various
Departmental staff reports, and heard testimony from Mr. Richard
E. Hopkins, agent for John Biamonte, owner of Italian Fisherman
Marina; and
WHEREAS, the Planning Commission voted unanimously at said
public hearing to approve the addition of the bathroom and the
Page 2 of 5
MJITALI.27/TXTDR,9200S
Initials
new expansion of a storage building, subject to certain specific
conditions; and
WHEREAS, on September 24th, 1992, the Chairman of the
Planning Commission issued a Resolution for the. proposed
expansion as Planning Commission Resolution P32-92; and
WHEREAS, according to Section 9.5-69(e) of the Monroe County
Code. Amended, that Resolution has been placed on the Consent
Agenda of this Board; and
WHEREAS, no person has appealed that Resolution to
Board, and no member of this Board desires to remove
Resolution from the Consent Agenda; NOW THEREFORE,
this
the
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. That Planning Commission Resolution #P32-92,
including all the terms, conditions and requirements
contained therein, is hereby attached to this resolution and
made a part hereof.
Section 2. That Planning Commission
including all the terms, conditions
contained therein, is hereby affirmed.
Resolution #32-92,
and requirements
Page 3 of 5
MJITALI.27/TXTDR,92005
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..
Section 3. That this Board's Findings of Fact and
Conclusions of Law are predicated upon. those specified in
Planning Commission Resolution #32 - 92, and which this Board
hereby adopts as it's own.
Section 4. That as required by Section 9.5 -72 (a) (1) of the
Monroe County Code. Amended:
a. Application (s) for a building permit (s) shall be made
within six (6) months of the date of this approval; and
that
b. All required certificates of occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit.
Section 5. That the Clerk of the Board is hereby directed
to forward a certified copy of this Resolution to the Monroe
County Planning Department.
Section 6. That the Clerk of the Board is hereby directed
to file a certified copy of this Resolution in the Public
Records of Monroe County, Florida.
Page 4 of 5
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'"
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 8th day of December, A.D. 1992.
Mayor London Yes
Mayor Pro Tern Cheal Yes
Commissioner Harvey Yes
Commissioner Freeman Yes
Commissioner Reich Yes
BOARD OF COUNTY COMMISSIONERS
OF ~~;~ FLORIDA
..~~~.
MAYOR/CHAIRMAN
BY
(
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~~G.~~
DEPUTY C~K
Page 5 of 5
MJITALI.27/TXTDR,92005
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Planning Department
RESOLUTION NO. P32-92
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION GRANTING THE REQUEST BY RICHARD E.
HOPKINS, AGENT FOR JOHN BAIAMONTE, SR. FOR A
CHANGE TO AN EXISTING MAJOR CONDITIONAL USE
FOR ITALIAN FISHERMAN MARINA. THIS WAS A
REQUEST TO ADD A BATHROOM AND NEW 4868 SQUARE
FOOT STORAGE BUILDING ON PROPERTY DESCRIBED
AS 104000 OVERSEAS HIGHWAY, KEY LARGO,
FLORIDA.
WHEREAS, the Monroe County Planning Commission during a
regular meeting held on September 3rd, 1992, conducted a public
hearing on the request filed by Richard E. Hopkins, agent for
John Baiamonte Sr., Raybob Inc., dba Italian Fisherman Marina
located on Lot 24, Block 9, Plantation Key Colony Subdivision,
Section 5, Township 63 South, Range 38 East, Tallahassee
Meridian, Plantation Key, Monroe County, Florida, and located at
approximately Mile Marker 91. The land use designation is
Suburban Commercial (SC); and
WHEREAS, the Planning Commission
information via the following:
was
presented
with
1. The Application for Development Approval filed by John
Baiamonte, Sr., Raybob Inc., dba Italian Fisherman Marina; and
2. The case file prepared by staff of the Planning Department
for the Planning Commission's hearing on this matter, which
file includes the staff report prepared by Donna Bosold,
Upper Keys Development Review Planner, dated August 7th, 1992
which recommended approval; and which file is hereby
incorporated by reference as a part of the record of said
hearing; and
3. The sworn testimony by members of the Monroe County Planning
Department, and
4. The presentation and sworn testimony of Richard E. Hopkins,
agent for Mr. Baiamonte; and
5. The comments of Garth Coller, Esquire, Planning Commission
counsel, and Assistant County Attorney; and
MJITALI.20/TXTDR.9200S
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WHEREAS, the Planning Commission has made the following
Findings of Fact and Conclusions of Law:
1. The community character of the immediate vicinity of the
parcel proposed for development is predominantly developed,
with commercial uses such as marinas, restaurants and a hotel
under construction on the bayside of U.S. 1 and less intense
commercial uses and residential uses on the oceanside of U.S.
1; and that
2. The proposed development as approved minimizes adverse ef-
fects, including visual impact of the proposed use on adj a-
cent properties by the use of additional buffers and improved
site access; and that
3. There are adequate public faci I i ties to serve the proposed
use as approved; and that
4. A new septic tank has been approved; and that
5. The applicant has the financial and technical capacity to
complete the development as proposed and will have made
adequate legal provision to guarantee the provision and de-
velopment of any open space and other improvements associated
with the proposed development; and that
6. The development will not adversely affect a known archaeolog-
ical, historical or cultural resource; and that
7. Public access to public beaches and other waterfront areas is
unaffected by the proposed development; and that
8. The proposed use complies with all additional standards im-
posed on it by the particular provision of the development
regulations authorizing such use and by all other applicable
requirements of the Monroe County Code with the exceptions of
the need for revised drainage calculations and a legally
binding access agreement, both of which have are conditions
of this approval; NOW THEREFORE
The proposed development as approved by staff is consistent with
the purposes, goals, objectives, and standards of the plan and
the development regulations and specifically the purpose of the
Mixed Use District; and that
NOW THEREFORE, the Planning Commission hereby conditions this
approval of a change to a major conditional use as follows:
1. That the Affadavit of Temporary Access meet the legal
sufficiency standards of the Monroe County Attorney's office
and is signed by applicable parties and is recorded; and that
2. That the applicant shall submit a final development plan
showing corrected drainage calculations; and that
3. These conditions must be met prior to this approval being
effective; NOW THEREFORE
MJITALI.20/TXTDR,92005
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Initials
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA, that the preceding Findings of Fact and Conclusions of
Law, support their decision to GRANT the change to an existing
Maj or Conditional Use, as conditioned, to John Baiamonte, Sr.,
Raybob Inc., dba Italian Fisherman Marina to add a bathroom and a
new 4868 square foot storage building on property described as
104000 Overseas Highway, Key Largo, Florida.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 3rd day of
September, 1992.
Chair Haskell N/A
Vice-Chair Mravic N/A
Commissioner Kloski YES
Commissioner Mannillo YES~
Commissioner Miller YES
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
By
I '
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! i ..- , ,.. ,". ..' ( . - .
" .. ." I'" c, -._ _i -, --
Monica Haskell, Chair
Signed this
day of
'-"_:(- ..,'..i.._ ,1992.
NOTICE
This instrument shall not take effect for thirty (30) days
following the date of memorialization thereof, and during that
time period shall be subject to appeal as provided in Section
9.5-523(d) of the Monroe County Code, Amended. An appeal shall
stay the effectiveness of this instrument until resolved.
Also, pursuant to Chapter 9J-1, Florida Administrative Code,
this instrument shall not take effect for forty-five (45) days
following proper rendition to the Florida Department of Community
Affairs, and within the forty-five (45) day review period the
Department of Community Affairs can appeal this instrument to the
Florida Land and Water Adjudicatory Commission, and that such an
appeal stays the effectiveness of this instrument until the
appeal is resolved by agreement or order.
MJITALI.20/TXTDR,92005
~(Q)~~
Initials