HomeMy WebLinkAboutItem R2 R2
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
August 20, 2025
Agenda Item Number: R2
2023-4293
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting,
to the State Land Planning Agency, an Ordinance by the Monroe County Board of County
Commissioners ("BOCC")Amending Policy 101.19.2 of the Monroe County Year 2030 Comprehensive
Plan and the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, to Include the
Property Colloquially Referred to "Grimal Grove" as an Existing Institutional Use as Identified in
Table 2.7 and Figure 2.5, as Requested by the BOCC at its October 16, 2024, Regular Public Meeting.
ITEM BACKGROUND:
At its October 16, 2024, regular public meeting, the Monroe County Board of County Commissioners
("BOCC", "Board", "Monroe County" or the "County") directed Planning and Environmental Resources
Department("Planning Department")professional staff("staff') to initiate the process for an
amendment to the Future Land Use Element(Policy 101.19.2) of the Monroe County Year 2030
Comprehensive Plan and the Livable CommuniKeys Master Plan ("LCP") for Big Pine Key and No
Name Key in order to include the property colloquially referred to as "Grimal Grove" as part of the
institutional uses identified in Table 2.7 and Figure 2.5 of the LCP for Big Pine Key and No Name
Key.
The property is comprised of parcels located at 258 Cunningham Lane, Big Pine Key, currently having
Parcel Identification Numbers 00111070-004000 and 00250660-000000 ("Property").
The Property is the subject of a final and unappealable decision of the County- see the attached Letter
of Understanding ("official decision") issued by Monroe County on August 13, 2024 - in which the
County by and through the Planning Department determined that no agricultural, commercial retail,
or light industrial use(s)were ever lawfully established on the Property and remain as of the
September 15, 1986-effective date of BOCC Ordinance No. 033-1986 and Fla. Admin. Code R. 28-
20.020 and Fla. Admin. Code R. 28-20.021, nor are in continuous existence up to and including
the present day. The County's official decision concerning the Property remains final and
unappealable and is not subject to collateral attack, however, this proposed Comprehensive Plan
and LCP amendment rectifies the heretofore unavailable ability to recognize an institutional use
4905
on the Property.
*See attached Staff Report for complete analysis.*
PREVIOUS RELEVANT BOCC ACTION:
On June 16, 2021, the Monroe County Board of County Commissioners adopted BOCC Resolution No.
224-2021 [recorded at Book 3113, Page 99, Document No. 2330464, Official Records of Monroe
County] to vacate and convey public right-of-way that ran generally between Parcel ID Nos. 00 111070-
004000 and 00250660-000000.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Transmittal—Resolution-2024_218.pdf
Draft—Ordinance—EXHIBIT—A—TO—RES.pdf
2024-218—BOCC—SR-8.20.25.pdf
FINANCIAL IMPACT:
N/A
4906
2 � r
3 r�
5
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 RESOLUTION NO. -2025
10
11 A RESOLUTION TRANSMITTING, TO THE STATE LAND
12 PLANNING AGENCY,AN ORDINANCE BY THE MONROE COUNTY
13 BOARD OF COUNTY COMMISSIONERS ADOPTING
14 AMENDMENTS TO THE MONROE COUNTY COMPREHENSIVE
15 PLAN BY AMENDING POLICY 101.19.2 AND FIGURE 2.5 AND
16 TABLE 2.7 OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR
17 BIG PINE KEY AND NO NAME KEY TO INCLUDE PROPERTY
18 LOCATED AT 258 CUNNINGHAM LANE, BIG PINE KEY,
19 DESCRIBED AS LOTS 5, 6, 7, 8, 13, 14, 15, AND 16 OF BLOCK 1 OF
20 PINE HAMMOCK, ACCORDING TO THE PLAT THEREOF, AS
21 RECORDED IN PLAT BOOK 3, PAGE 163 OF THE OFFICIAL
22 RECORDS OF MONROE COUNTY, AND TRACT D OF PINE KEY
23 ACRES, SECTION ONE, AS RECORDED IN BOOK 509, PAGES 1046
24 THROUGH 1049 OF THE OFFICIAL RECORDS OF MONROE
25 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION
26 NUMBERS 00111070-004000 AND 00250660-000000, AS AN EXISTING
27 INSTITUTIONAL USE; PROVIDING FOR SEVERABILITY;
28 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
29 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
30 PLANNING AGENCY AND SECRETARY OF STATE; PROVIDING
31 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
32 PLAN; PROVIDING FOR AN EFFECTIVE DATE.'
33
34
35 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
36 "Monroe County", or the"County") conducted a public hearing for the purpose of considering the
37 transmittal pursuant to the State Coordinated Review Process in Sec. 163.3184(4),Florida Statutes,
38 to the State Land Planning Agency for objections, recommendations and comments, and to the
39 other Reviewing Agencies as defined in Sec. 163.3184(1)(c), Florida Statutes, for review and
40 comment on a proposed amendment to the Monroe County Comprehensive Plan as described
41 above; and
42
43 WHEREAS,the Monroe County Board of County Commissioners support the transmittal
44 of the requested Comprehensive Plan amendment;
1 Monroe County Planning and Environmental Resources Department File No.2024-218.
Resolution -2025 Page 1 of 3
BOCC Transmittal:File 2024-218
4907
45 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
47
48 Section 1. Title and Recitals. The foregoing title, recitals, findings of fact, and conclusions
49 of law are true and correct and are hereby incorporated as if fully stated herein.
50
51 Section 2. The July 2, 2025-dated Monroe County Planning and Environmental Resources
52 Department ("Department") professional staff report accompanying this BOCC
53 agenda item, prepared by and from Department Policy Planning Advisor Barbara
54 Powell, is/are adopted as the BOCC's own analysis, findings of fact, and
55 conclusions of law, and the BOCC hereby incorporates said professional staff
56 report as if fully set forth herein.
57
58 Section 3. The Board of County Commissioners does hereby approve the transmittal of the
59 draft Ordinance, attached as Exhibit A., for review of the proposed Comprehensive
60 Plan Text amendment.
61
62 Section 4. The Board of County Commissioners does hereby transmit the proposed
63 amendment to the State Land Planning Agency for review and comment in
64 accordance with the State Coordinated Review process pursuant to Section
65 163.3184(4), Florida Statutes.
66
67 Section 5. Monroe County professional staff is/are authorized to prepare and submit the
68 required transmittal letter and supporting documents for the proposed amendment
69 in accordance with the requirements of Section 163.3184(4), Florida Statutes.
70
71 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
72 any provision of this Resolution, or part or any portion thereof, is held to be invalid
73 or unenforceable in or by any administrative hearing officer or court of competent
74 jurisdiction, the invalidity or unenforceability of such provision, or any part or
75 portion thereof, shall neither limit nor impair the operation, enforceability, or
76 validity of any other provision of this Resolution, or any remaining part(s) and/or
77 portion(s) thereof. All other provisions of this Resolution, and remaining part(s)
78 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
79
80 Section 7. Effectiveness. This Resolution shall take effect as provided by law.
81
82 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this
83 Resolution to the Director of Planning.
84
85 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
86 Florida, at a regular meeting held on the 201h day of August, 2025.
87
88 Mayor James K. Scholl, District 3
89 Mayor Pro Tem Michelle Lincoln, District 2
90 Commissioner Craig Cates, District 1
91 Commissioner David Rice, District 4
92 Commissioner Holly Merrill Raschein, District 5
Resolution -2025 Page 2 of 3
BOCC Transmittal:File 2024-218
4908
93 BOARD OF COUNTY COMMISSIONERS
94 OF MONROE COUNTY, FLORIDA
95
96 By:
97 Mayor James K. Scholl
98 MONROE
99 F T FORM
100 (SEAL) _._ ..
102 ATTEST: KEVIN MADOK, CLERK ASSWANT COUNTY ATTORNEY
103 Date: 8/5/25
104
105
106 AS DEPUTY CLERK
Resolution -2025 Page 3 of 3
BOCC Transmittal:File 2024-218
4909
1 EXHIBIT A TO RES. NO. -2025
T
r
2
4S`
5
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2025
11
12 AN ORDINANCE,BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS, ADOPTING AMENDMENTS TO THE MONROE
14 COUNTY COMPREHENSIVE PLAN BY AMENDING POLICY
15 101.19.2 AND FIGURE 2.5 AND TABLE 2.7 OF THE LIVABLE
16 COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO
17 NAME KEY TO INCLUDE PROPERTY LOCATED AT 258
18 CUNNINGHAM LANE, BIG PINE KEY, DESCRIBED AS LOTS 5, 6, 7,
19 8, 13,14, 15,AND 16 OF BLOCK 1 OF PINE HAMMOCK,ACCORDING
20 TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 3, PAGE
21 163 OF THE OFFICIAL RECORDS OF MONROE COUNTY, AND
22 TRACT D OF PINE KEY ACRES, SECTION ONE,AS RECORDED IN
23 BOOK 509, PAGES 1046 THROUGH 1049 OF THE OFFICIAL
24 RECORDS OF MONROE COUNTY, CURRENTLY HAVING PARCEL
25 IDENTIFICATION NUMBERS 00111070-004000 AND 00250660-000000;
26 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
27 CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO
28 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
29 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
30 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
31 DATE.'
32
33
34 WHEREAS, the above-referenced property colloquially referred to as "Grimal Grove"
35 (the "Property")is the subject of a final and unappealable decision not subject to collateral attack
36 of the Monroe County Board of County Commissioners issued by and through the Monroe County
37 Planning and Environmental Resources Department on August 13, 2024 — per the Letter of
38 Understanding ("official decision") attached as Exhibit 1. — in which the County determined that
39 no agricultural, commercial retail, or light industrial use(s)were either lawfully established on the
40 Property or remain as of the September 15, 1986-effective date of BOCC Ordinance No. 033-1986
41 and Fla. Admin. Code R. 28-20.020 and Fla. Admin. Code R. 28-20.021, nor have been in
42 continuous existence up to and including the present day; and
43
'Monroe County Planning and Environmental Resources Department File No. 2024-218.
Ord -2025 Page 1 of 8
File 2024-218
4910
I WHEREAS, at its October 16, 2024, regular public meeting, the Monroe County Board
2 of County Commissioners ("BOCC", "Board", "Monroe County", or the "County") directed
3 Planning and Environmental Resources Department ("Planning Department") professional staff
4 ("staff')to initiate the process to amend Monroe County Comprehensive Plan Policy 101.19.2 of
5 the Future Land Use Element and to include this Property colloquially referred to as "Grimal
6 Grove" as part of the existing institutional uses identified in Table 2.7 and Figure 2.5 of the Livable
7 CommuniKeys Master Plan ("LCP") for Big Pine Key and No Name Key; and
8
9 WHEREAS, this proposed Comprehensive Plan and LCP amendment rectifies the
10 heretofore unavailable ability to recognize a historically accurate existing institutional use on this
11 Property; and
12
13 WHEREAS, on March 10, 2025, a Community Meeting was held, in accordance with
14 Land Development Code("LDC") Section 102-159(b), at which there were no comments from the
15 public and no written comments received; and
16
17 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
18 considered the proposed amendment at a regularly scheduled meeting held on April 22, 2025; and
19
20 WHEREAS, on April 22, 2025, the DRC Chair signed DRC Resolution No. 08-25
21 recommending approval of the proposed text amendment; and
22
23 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or
24 "PC") held a public hearing on June 25, 2025, for review and recommendation on the proposed
25 Comprehensive Plan text amendment; and
26
27 WHEREAS, based upon the information and documentation submitted, the Planning
28 Commission made the following findings of fact and conclusions of law:
29
30 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
31 Monroe County Comprehensive Plan; and
32 2. The proposed amendment is consistent with the Principles for Guiding Development
33 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
34 Statutes; and
35 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
36 and
37 4. The proposed amendment will not result in an adverse change in community character
38 to the sub-area which a proposed amendment affects; and
39
40 WHEREAS,the Planning Commission adopted PC Resolution No.P19-25 recommending
41 to the Monroe County Board of County Commissioners approval of the proposed amendment; and
42
43 WHEREAS, at a regular meeting held on the August 20, 2025,the Monroe County Board
44 of County Commissioners held a public hearing to consider the transmittal of the proposed text
45 amendment, considered the professional staff report and provided for public comment and public
Ord -2025 Page 2 of 8
File 2024-218
4911
I participation in accordance with the requirements of law and the procedures adopted for public
2 participation in the planning process; and
3
4 WHEREAS, at the August 20 2025, public hearing, the BOCC considered the proposed
5 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
6 Agency; and
7
8 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
9 Objections, Recommendations and Comments ("ORC")report on received by the
10 County on ; and
11
12 WHEREAS,the ORC report<did/did not> identify any objections, recommendations, or
13 comments; and
14
15 WHEREAS,the County has 180 days from the date of receipt of the ORC report to adopt
16 the proposed amendment, adopt the amendment with changes or not adopt the amendment; and
17
18 WHEREAS, at a regularly scheduled meeting on the day of , the
19 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
20 amendment;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Title, Legislative Intent, Recitals, Findings of Fact, and Conclusions of Law.
26 The foregoing title, recitals, statements of legislative intent, findings of fact, and
27 conclusions of law are true and correct and are hereby incorporated as if fully stated
28 herein.
29
30 Section 2. The -dated analysis,findings of fact, and conclusions of law in the Monroe
31 County Planning and Environmental Resources Department professional staff
32 report accompanying this BOCC agenda item,prepared by and from ,
33 is/are adopted, to the extent not plainly inconsistent with this Ordinance, as the
34 BOCC's own analysis, findings of fact, and conclusions of law, and the BOCC
35 hereby incorporates said professional staff report as if fully set forth herein.
36
37 Section 3. The analysis,findings of fact, and conclusions of law in the August 13,2024-issued
38 Letter of Understanding attached hereto as Exhibit 1. are adopted,to the extent not
39 plainly inconsistent with this Ordinance, as the BOCC's own analysis, findings of
40 fact, and conclusions of law, and the BOCC hereby incorporates said Letter of
41 Understanding attached as Exhibit 1. as if fully set forth herein.
42
43 Section 4. The text of the Monroe County Comprehensive Plan is hereby amended as follows
44 (Deletions are shown st+i e t4-etig,; additions are shown underlined):
45
46
Ord -2025 Page 3 of 8
File 2024-218
4912
I Comprehensive Plan
2 Policy 101.19.2
3 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a
4 part of the plan and be implemented as part of the Comprehensive Plan. The following
5 Community Master Plans have been completed in accordance with the principles outlined in
6 this section and adopted by the Board of County Commissioners:
7 1. The Master Plan for Future Development of Big Pine Key and No Name Key, dated
8 August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is
9 incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the
10 Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term
11 Action Item is equivalent to the term Policy; the meanings and requirements for
12 implementation are synonymous. Adopted by Ordinance 029-2004. Amended by
13 Ordinances 020-2009, 022-2012, 018-2016, and 94-2025.
14
15
16
Ord -2025 Page 4 of 8
File 2024-218
4913
GOAL 5
Maintain the viability of existing community organizations by providing opportunities
for limited redevelopment and expansion.
1
2 Current Conditions Summary
3
4 The LDP/HCP process sought to ensure that existing community organizations could remain
5 viable and expand according to their needs within existing zoning limitations. Table 2.7 lists
6 these organizations.
7
8
Table 2.7 Institutional uses located on Big Pine Ke
Civic Parcel Zoning Tier
Lion's Club 108770 NA 1
Lower Keys Property Owners 309070 IS 2
Moose Club 111070 SR 1
Religious
St. Francis 110040 NA 1
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist 111450 SR 3
Vineyard Christian 111170 SR 1
St. Peter's 110400 NC 3
Other
Memorial Gardens Cemetery 110830.0001 I 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
SeaCamp MU 3
Grimal Grove 00111070-004000 & IS/SR 1
00250660-000000 —
9
10 *00112030-000000, 00246950-000000, 00246960-000000, 00246970-000000,
11 00246980 -000000, 00246990- 000000, 00247000-000000, 00247140-000000,
12 00247150-000000, 00247160-000000, 00247170-000000, and 00247180-000000
13 All of these institutional uses have been existing for at least 20 years and no new uses are
14 anticipated at present. A number of these institutions have expressed an interest in
15 redevelopment of existing square footage or a limited expansion to better serve the needs of
16 the present population.
17
18 *****
Ord -2025 Page 5 of 8
File 2024-218
4914
Livable CommuniKeys Master Plan for Original BOCC Adoption 08/2004
Big Pine Key and No Name Key Amended by Ordinances 020-2009 and##-2025
r Big Pine Key and No Name Key
Existing Institutional
1 Civic Organizations
1. The Lions Club
2. Lower Keys Property Owners Assn.
�i
` 3. Big Pine Key Moose Lodge
A ,
p k
Religious Organizations
4. St.Francis of the Keys
5. Lord of the Seas 1 crw y'�r9��r nai �
6. First Baptist Church ,
7. Big Pine United Methodist 5 o d
8. Vineyard Cristian a
9. St.Peter's 4
11 ;; 10
32
l �
Other Institutional
10. Pinewood Memorial Cemetery
11. Big Pine Neighborhood Charter School
12. Seacamp
13,Grimal Grove �
M M11e e t nnty
Legend
{ l/ �r, I'I�otnitrb ant9 I.nvuachmeet;rl
• Mile Marker Residential Roads v u
Ft",trudccs Ucpntmcnt
Parcels Key Deer Blvd.U.S. 1 aA
Figure 2.5 Location of existing institutional uses on Big Pine Key.(Ordinances 020-2009,§1 and##-2025)
Land Use and Redevelopment Element 50
1
Ord -2025 Page 6 of 8
File 2024-218
4915
I Section 5. To the extent of any internal or external conflicts, inconsistencies, and/or
2 ambiguities, within this Ordinance or between this Ordinance and the Monroe
3 County Code of Ordinances, Florida Building Code, Monroe County Land
4 Development Code, Monroe County Comprehensive Plan, any Letter of
5 Understanding, any Letter of Development Rights Determination, or any approval,
6 or any decision, or any interpretation, or any determination of the Monroe County
7 Board of County Commissioners, Monroe County Planning Commission, Monroe
8 County Development Review Committee, Monroe County Building Department,
9 Monroe County Floodplain Management Office, Monroe County Planning and
10 Environmental Resources Department, or other department or office of Monroe
11 County, the more restrictive rule, regulation, law, provision, and text shall always
12 apply.
13
14 Section 6. No Liability. Monroe County expressly reserves and in no way shall be deemed to
15 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
16 governmental, and any other similar defense, immunity, exemption, or protection
17 against any suit, cause-of-action, demand, or liability.
18
19 Section 7. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
20 any portion of this Ordinance, or any part or portion thereof, is held to be invalid
21 or unenforceable by any administrative hearing officer or court of competent
22 jurisdiction, the invalidity or unenforceability of such provision, or any part or
23 portion thereof, shall neither limit nor impair the operation, enforceability, or
24 validity of any other provision of this Ordinance, or any remaining part(s) or
25 portion(s)thereof. All other provisions of this Ordinance, and remaining part(s) or
26 portion(s)thereof, shall continue unimpaired in full force and effect.
27
28 Section 8. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
29 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
30 shall not repeal the repealing clause of such ordinance or revive any ordinance
31 which has been repealed thereby.
32
33 Section 9. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
34 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
35
36 Section 10. Filing and Effective Date. This Ordinance shall be filed in the Office of the
37 Secretary of the State of Florida but shall not become effective until a notice is
38 issued by the State Land Planning Agency or Administration Commission finding
39 the amendment in compliance with Chapter 163, Florida Statutes, and after any
40 applicable challenges have been resolved.
41
42 Section 11. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
43 in the Monroe County Comprehensive Plan. The numbering of the foregoing
44 amendment may be renumbered to conform to the numbering in the Monroe County
45 Comprehensive Plan.
46
Ord -2025 Page 7 of 8
File 2024-218
4916
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4 Mayor James K. Scholl, District 3
5 Mayor Pro Tem Michelle Lincoln, District 2
6 Commissioner Craig Cates, District 1
7 Commissioner David Rice, District 4
8 Commissioner Holly Merrill Raschein, District 5
9
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
13 By:
14 Mayor James K. Scholl
15
16 (SEAL)
17
18 ATTEST: KEVIN MADOK, CLERK
19
20
21 AS DEPUTY CLERK
Ord -2025 Page 8 of 8
File 2024-218
4917
EX IBIT to
Ord -2025 Page 1 of 1
File 2024-218
4918
County of Monroe
Planning&Environmental Resources Department ( �� ,�, Board of County Commissioners:
Marathon Government Center �' Mayor Holly Merrill 1Zaschein,District 5
2798 Overseas Highway,Suite 400 dl Mayor Pro Tern James K. Scholl,District 3
Marathon,FL 33050 ��� �� , /r� Craig Cates District I
Telephone: (305)289 2500 Michelle Lincoln,District 2
Telefax: (305)289-2536 :1 'iF David Rice,District 4
August 13, 2024
thomas@owentrepanier.com
Mr. Thomas Francis-Siburg
1421 First St. # 101
Key West FL 33040
A Letter of Understanding (LOU) Regarding an Application Soliciting Nonconforming Use
Recognition and Registration for a Parcel Located at 30675 23rd Ln., Big Pine Key, Having
Property Identification No. 00111070-004000 and Vacant Real Property (formerly 258
Cunningham Ln.), Having Property Identification No. 00250660-000000.'
The Monroe County Planning and Environmental Resources Department("Department")is in receipt of
your Letter of Understanding ("LOU") application (the "Application") enquiring as to nonconforming
use recognition and registration regarding two parcels of real property (located at 30675 23rd Ln.2 and
vacant real property (formerly 258 Cunningham Ln.))3 pursuant to Monroe County Land Development
Code ("LDC" or"Code") Section 102-55.
According to the received Application,4 the Applicant is soliciting recognition and registration of the
following as existing nonconforming uses on the subject properties:
Summary Qf Uses:
i Monroe County Planning and Environmental Resources Department File No. 2022-219.
Having Property Identification No. 00111070-004000.
3 Having Property Identification No. 00250660-000000.
4 A true-and-correct excerpt of which is in relevant part shown below.
1 of 21
4919
Per the Applicant's statement in the subject received Application:
Named after its, founding owner, Adolf Grimail, '"Grimal Grove" farm is located on, Big Pilne Key,
specifically at 258 Cuinininghiam Lane (RE N�ol. 00250,660-0000,00), 30675 23rd Lane! (RE No.,
0011107'0-0104000)1, andl a portion of'a former right-cf-way between the two parcels (BOCC Res.
No. 224-20121)1. Grimail Grove has been, a tropical fruit farm on Big Pinie Key since at least 1958,.
G'Ir,imal e!staibllished hiis farm to, grow, sell, and experiment on creating an innovative and uniique
tropical fruit farm in the continental US. Due to, the temperate suibtropica�ll climate of the Florida
Keys, no other place can grow many of' the rare tropical fruits, as were estaiblis�hed as, part of
Grimal Grove farm,. The Grimia,l Grove farm historically consisted of commercial agricultural
production, sales, and processing, simall-scaile institutional botanical and ecological
experimentation, a tourist and events,destination with, low-intensity food services and educational
classes,, access M, light industrial activity and land preparation,, butterfly and bird sanctuary
w'
gardens, a to-story barn structure of' apiprox., 2,100 scl ft of floor aireai, and a, single-family
dwelllling.
BACKGROUND INFORMATION:
Below"Figure L" constitutes a true-and-correct 2022 Monroe County Geographic Information
Systems ("GIS") aerial photo of the subject properties with their land use districts overlaid.
00250660-000000
00111070-004000 K� rip,1wel
ff
Tract D
Now
W 70111
f
Figure 1.
2 of 21
4920
Property Owner/Applicant: Patrick Garvey.
Location: Big Pine Key (approximate mile marker 31).
Address Information:
00250660-000000: Vacant.'
00111070-004000: 30675 23'`'Lane.
Property Identification Numbers:
00250660-000000: Lots 5, 6, 7, 8, 13, 14, 15, and 16 of Block 1 of Pine Hammock(Lot 7 was formerly
known as 00250680-000000).
00111070-004000: Tract D of Pine Key Acres.
Legal Description:
00250660-000000: Lots 5, 6, 7, 8, 13, 14, 15, and 16 of Block 1 of Pine Hammock, according to the plat
thereof, as recorded in Plat Book 3, Page 163, Public Records of Monroe County, Florida, and a portion
of Pine Dr. abandoned via BOCC Resolution No. 224-2021.
00111070-004000:Tract D of Pine Key Acres, Section One,as recorded in Book 509,Pages 1046 through
1049, Public Records of Monroe County, Florida, and a portion of Pine Dr. abandoned via BOCC
Resolution No. 224-2021.
Size of Properties:
00250660-000000: 0.8 acres per the Monroe County Property Appraiser's Office.
00111070-004000: 1.05 acres per the Monroe County Property Appraiser's Office.
Land Use District Information ("LUD"):
00250660-000000: Improved Subdivision("IS").
00111070-004000: Suburban Residential("SW').
Future Land Use Map ("FLUM") Designation:
00250660-000000: Residential Medium("RM").
00111070-004000: Residential Low("RL").
Tier District Designation: Tier I.
Existing Uses:
00250660-000000: Vacant land,per building permit nos. 08103721 and 08103559.
00111070-004000: Beekeeping,per building permit no. 15102952.
Existing Vegetation/Habitat: Scarified and/or vegetated with exotic vegetation.
Community Character of Immediate Vicinity: Vacant land and single-family residential
Prior County Action:
Pre-1986: Block 1, Lots 5, 6, 7, 8, 13, 14, 15, and 16 had a land use district(zoning) designation of RU-
1: Single Family Residential; Tract D had a land use district(zoning) designation of GU: General Use.
Code Compliance Case No. M12-00-566: Implicating Lots 5-8 and 13-16, Block 1, the Monroe County
Code violations involved included the following: Unsafe mobile home, RVs on property, abandoned
vehicles on property, as well as failure to mow property.
Code Compliance Case No. CE08040012: On or about April 2, 2008, a notice of violation associated
with the parcel having property identification no. 00250660-000000 (Lots 5, 6, 8, 13, 14, 15, 16, Block
1)was issued. A Stipulated Settlement Agreement was entered into on or about April 23, 2008. The case
was closed on or about March 8, 2016.
Code Compliance Case No. CE08040015: On or about April 2, 2008, a notice of violation associated
with the parcel having property identification no. 00250680-000000 (Lot 7, Block 1) was issued. A
Stipulated Settlement Agreement was entered into on or about April 23, 2008. The case was closed on
or about March 8, 2016.
Code Compliance Case No. CE08020055: On or about April 2, 2008, a notice of violation associated
with the parcel having property identification no. 00111070-004000 (Tract D) was issued. A Stipulated
Settlement Agreement was entered into on or about April 23, 2008. The case was closed on or about
March 8, 2016.
'Formerly known as(f/k/a)258 Cunningham Lane.
3 of 21
4921
On or about October 14, 2008, a ROGO exemption letter was issued for Block 1, Lot 7, bearing the
address of 258 Cunningham Ln., and having property identification no. 00250680-000000 at that time,
which recognized one (1) ROGO-exempt dwelling unit on Block 1, Lot 7, of the Pine Hammock
Subdivision. A review of the property history indicates that this ROGO exemption has not been
transferred offsite and therefore this property still contains one(1) ROGO exemption. As noted, Lot 7 is
now combined with Lots 5, 6, 8, 13, 14, 15, and 16, all under property identification no. 00250660-
000000.
On June 25, 2015, a Public Assembly Permit was issued for an event to be held on June 17, 2015, on the
subject property.6
On January 22, 2016, a Public Assembly Permit was issued for an event to be held on January 23, 2016,
on the subject property.'
On February 11, 2016, a Public Assembly Permit was issued for an event to be held on February 18,
2016, on the subject property.'
On June 20, 2016, a Public Assembly Permit was issued for an event to be held on June 25, 2016, on the
subject property.9
On June 18, 2018, Development Order No. 05-18 ("D.O. 05-18") was issued, transferring five (5)
transferable development rights ("TDRs") from property identification no. 00250660-000000 (TDRs
transferred from Lots 6, 8, 13, 14, 15) to a receiver site on Summerland Key.
On or about September 12, 2018, owner Patrick Garvey executed and offered to Monroe County that
certain Grant of Conservation Easement for Block 1, Lots 6, 8, 13, 14, and 15, which was required as
part of the voluntary TDR transfer approved pursuant to D.O. 05-18. On or about November 15, 2018,
Monroe County accepted that offer, and the instant conservation easement was then recorded on
November 16, 2018, at Document No. 2194759, Book 2936, Page 1432, Official Records of Monroe
County. The subject conservation easement prohibits structures and any future development on Block 1,
Lots 6, 8, 13, 14, and 15, that requires the density or intensity that was transferred off the property. The
subject conservation easement further, inter alia, prohibits "animal husbandry or commercial, personal,
or recreational bovine, equine, poultry, swine, or similar agricultural or livestock activities or
operations."
On August 26, 2020, Development Order No. 03-20 ("D.O. 03-20") was issued, transferring one (1)
transferable development right ("TDR") from property identification no. 00250660-000000 (TDR
transferred from Lot 16) to a receiver site located on Summerland Key.
On or about February 25, 2021, owner Patrick Garvey executed and offered to Monroe County that
certain Grant of Conservation Easement for Block 1, Lot 16, which was required as part of the TDR
transfer approved pursuant to D.O. 03-20. On or about March 1, 2021, Monroe County accepted that
offer, and the instant conservation easement was then recorded on March 5, 2021, at Document No.
2306999, Book 3079, Page 1736, Official Records of Monroe County. The subject conservation
easement prohibits structures and any future development on Block 1, Lot 16, that requires the density
or intensity that was transferred off the property. The subject conservation easement further, inter alia,
e Department File No. 2015-119.
Department File No. 2016-006.
s Department File No. 2016-019.
9 Id.
4 of 21
4922
prohibits "animal husbandry or commercial, personal, or recreational bovine, equine, poultry, swine, or
similar agricultural or livestock activities or operations[.]"
On June 16, 2021, the BOCC adopted Resolution No. 224-2021, renouncing and disclaiming any right
of the County and public in and to the right-of-way of a portion of Pine Drive between the two properties.
On February 9, 2022, the owner applied for a Pre-Application Conference without a Letter of
Understanding ("Pre-App. with no LOU")10 regarding the properties (hereinafter"the subject property"
or the"property"). Per the subject received Application for a Pre-App. with no LOU the owner requested
feedback regarding the following questions shown in the true-and-correct excerpt shown below("Figure
2.")from said Application:
Please provide a eserit)t�on of proposal(attach extra mmeets if necessa m).
ajc d��"�w.�
µp ! �e'�' R '��r'��� �"'� 4. �J 7+•� C . � L A s.,�.., �'"n,..—_G�fw ........._ ".�,.,.�".,�.F..wfl �'
7 X.'� .,.., x, /�mry
fok Pd da ! C' 6
Figure 2.
The Planning&Environmental Resources Department's professional staff and the Applicant accordingly
held a meeting on February 9, 2022, and as memorialized in the Department professional staff s
contemporaneously recorded notes of the discussion conducted at said meeting"The Applicant was told
that no new nonresidential uses are allowed on Tier 1 land in Big Pine Key."
LDC Section 102-55. - Registration.
(a) All known, lawful nonconforming uses and structures may be registered with the Planning and
Environmental Resources Department. In the course of its duties related to development review, staff of
the department shall identify and recognize nonconforming uses and structures. Property owners may
also independently apply to the department for such determinations.
(b) The Planning Director, or his or her assigned designee, shall review available documents to
determine if a body of evidence exists supporting the lawful establishment of a use or structure
prior to the change in regulation that deemed the use or structure nonconforming. Any issued
Monroe County building permit(s) for the original establishment or construction of the use or structure,
confirming its approval and existence prior to the change in regulation that deemed the use or structure
nonconforming, can stand as the only piece of evidence.
If there are no such building permit(s) available, additional evidence shall be documented and submitted
to the Planning Director on a form provided by the Planning and Environmental Resources Department
and shall include, at a minimum, at least two of the following documents:
10 Department File No. 2022-022.
5 of 21
4923
(1)Any other issued Monroe County building permit(s) approving or supporting the existence of
the structure(s) and/or use;
(2)Documentation from the Monroe County Property Appraiser's Office supporting the existence
of the structure(s) and/or use;
(3) Aerial photographs and original dated photographs showing the structure or use existed on
site;
(4) State and/or county licenses, supporting the existence of the structure(s) and/or use;
(5) Documentation from the utility providers indicating the type of service (residential or
commercial)provided; and
(6) Similar supporting documentation not listed above as determined suitable by the Planning
Director.
(c) Once discovered and determined to be lawful, the Planning Director, or his or her designee, shall add
recognized lawful nonconforming uses and structures to an official registry.
LDC Section 101-1. -Definitions.
Accessory use or accessory structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is subordinate
in area(for this definition docks,pools,pool decks, driveways are excluded from the total area),
extent and purpose to an existing principal use or principal structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal
structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the
lot/parcel on which the principal use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or
principal structure, excluding accessory docking facilities that may be permitted on adjacent
lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district as the principal use or principal structure,
excluding off-site parking facilities pursuant to section 114-67.
Accessory uses include the utilization of yards for home gardens, provided that the produce of the
garden is for a non-commercial purpose. In no event shall an accessory use or structure be established
prior to the principal use to which it is accessory. With approval from the Planning Director, an
accessory use or structure may continue if its principal use or structure is discontinued or removed
for redevelopment,provided that the owner is moving forward with continual development and with
active concurrent permits for redevelopment of a principal use or structure. Accessory uses shall not
include secondary dwelling units or lock-out units or any other habitable structures that are occupied
by a separate and independent household.
6 of 21
4924
Agricultural land use means an agriculture land use.
Commercial retail use means a use providing primarily for the sale of consumer goods, products,
merchandise or services at retail. Commercial retail uses are subdivided into the following intensity
classifications:
(1) Commercial retail low-intensity means commercial retail uses that generate less than 50
average daily trips per 1,000 square feet of floor area.
(2) Commercial retail medium-intensity means retail uses that generate between 50 and 100
average daily trips per 1,000 square feet of floor area.
(3) Commercial retail high-intensity means retail uses that generate above 100 average daily trips
per 1,000 square feet of floor area.
Dwelling, detached, means an individual dwelling unit that is developed with open yards on all sides
of the dwelling unit. The term includes single family residences but does not include mobile homes
or recreational vehicles.
Dwelling, single-family, or single-family residence means a one-family dwelling unit that is
developed with open yards on all sides of the building.
Industrial use, light means a use devoted to the manufacture, warehousing, assembly, packaging,
processing, fabrication, indoor and outdoor storage, or distribution of goods and materials whether
new or used and/or the substantial refinishing, repair and/or rebuilding of vehicles or vessels.
Institutional use means a use that serves the religious,educational,cultural, scientific,research, social
service, or health needs of the community, including but not limited to, educational and scientific
research facilities that serve the region and day care and preschool facilities.
Mobile home means a structure transportable in one or more sections which structure is eight body
feet or more in width and over 35 feet in length, which structure is built on an integral chassis and
designed to be used as a dwelling when connected to the required utilities and includes the plumbing,
heating, air conditioning and electrical systems contained therein, including expandable recreational
vehicles, known as "park models" designed and built as a permanent residence, the structure for
which is 35 feet or less in length and in excess of eight feet in width.
Restaurant use means any establishment, which may or may not include a drive-through service,
where the principal business is the sale of food and beverages to the customer in a ready-to-consume
state. This includes service within the building as well as takeout or carryout service. Restaurant uses
are subdivided into the following intensity classifications:
(1)Low-intensity restaurant use means a restaurant use that generates less than 50 average daily
trips per 1,000 square feet of floor area.
(2) Medium-intensity restaurant use means a restaurant use that generates between 50 and 100
average daily trips per 1,000 square feet of floor area.
(3)High-intensity restaurant use means a restaurant use that generates above 100 average daily
trips per 1,000 square feet of floor area.
7 of 21
4925
Summary of Permitted Uses Under Current LDC:
The current 2024 LDC provides for the following as permitted uses in the Improved Subdivision ("IS")
and Suburban Residential ("SR") Land Use Districts.
Section 130-83 Improved Subdivision (IS):
• Detached Dwellings
• Accessory Uses
• Public Infrastructure and Utilities
• Parks
• Institutional Uses Limited to Schools
• Stealth Wireless Communications Facilities, as Accessory Uses
• Collocations on Existing Antenna-Supporting Structures
• Satellite Earth Stations, as Accessory Uses
• Wastewater Nutrient Reduction Cluster Systems
• Wastewater Treatment Facilities and Wastewater Treatment Collection Systems
Section 130-94 Suburban Residential (SR):
• Detached Dwellings
• Attached Dwelling Units
• Accessory Uses
• Parks
• Beekeeping
• Public Infrastructure and Utilities
• Agricultural Uses
• Public Buildings and Uses
• Institutional Uses
• Institutional Residential Uses
• Campgrounds and Recreational Vehicle Parks
• Replacement of Existing Antenna-Supporting Structure
• Collocations on Existing Antenna-Supporting Structures
• Satellite Earth Stations, as Accessory Uses
• Stealth Wireless Communications Facilities, as Accessory Uses
• Wastewater Nutrient Reduction Cluster Systems
Analysis of Nonconforming Use.
The provisions of Article III ("NONCONFORMTTIES"), Chapter 102, Monroe County Land
Development Code, are, inter alia, designed to bring about the eventual elimination of nonconformities
in order to preserve the integrity of the Land Development Code. LDC § 102-54. Land Development
Code Section 102-55 provides a process by which to recognize existing land uses as lawfully established
nonconforming uses.In order to be registered as a lawful nonconforming land use,the use must currently
exist on the property and not be discontinued. Per Land Development Code Section 101-1, "Abandoned
means the voluntary discontinuation of a land use. When a property's land use has ceased and the
property has been vacant for 18 months, abandonment of said use will be presumed unless the owner can
show that a diligent effort has been made to sell, rent, or engage the property in a relevant legally
permissible land use. This excludes temporary or short-term interruptions to a land use during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of
vacation or seasonal closure." Additionally, per Land Development Code Section 102-56(e) ("Change
in Use"): "A nonconforming land use shall not be changed to any other land use unless the new land use
conforms to the provisions of the future land use category and the land use (zoning) district in which it
is located."
8 of 21
4926
The Monroe County Comprehensive Plan and land development regulations ("LDRs") that established
the current land use districts ("LUDs") on the property were adopted pursuant to Monroe County BOCC
Ordinance No. 033-1986 and Fla. Admin. Code R. 28-20.020 and Fla. Admin. Code R. 28-20.021, and
became effective on September 15, 1986. Monroe County Code ("MCC") Section 9-102 established the
new land use districts, including Suburban Residential ("SW') and Improved Subdivision ("IS"), whose
purposes and permitted uses were similar to the current purposes and permitted uses for those zoning
categories. This LOU determines what uses were lawfully established on the property as of the
foregoing 15 September 1986 effective date of BOCC Ordinance No. 033-1986, Fla. Admin. Code
R. 28-20.020, and Fla.Admin. Code R. 28-20.021, and have not been the subject of a change in use
and have been in continuous existence up to and including the present day.
Per Land Development Code Section 102-55(b), "[TJhe Planning Director, or his or her assigned
designee, shall review available documents to determine if a body of evidence exists supporting the
lawful establishment of a use or structure prior to the change in regulation that deemed the use or
structure nonconforming. Any issued Monroe County building permits)for the original establishment
or construction of the use or structure, confirming its approval and existence prior to the change in
regulation that deemed the use or structure nonconforming, can stand as the only piece of evidence.
If there are no such building permits) available, additional evidence shall he documented and submitted
to the Planning Director on a form provided by the Planning and Environmental Resources Department
and shall include, at a minimum, at least two of the following documents:
(1)Any other issued Monroe County building permits) supporting the existence of the structures)
and/or use:
The following building permits are on file in the Monroe County Building Department's records.
Pro 1D No. 00250680-000000 258 Fannin ha Lane Lot 7,B1044,,1,Palm Hummock
Date Issued Permit No:' Description of meet Work
January 9", Permit No. 12369 730 feet of fence on Lots 5, 6, 7, 8, 13, 14, 15, 16.
1967
June 1st, 1971 Permit No. 23372 Addition of Car Port and Utility Room. Plans indicate addition
to a mobile home. The permit's application notes a Present Use
of Property to be "Trailer and Rare Fruits"and Intended Use to
be "Same."Lots 6, 7, 13, 14, 15.
October 16", Permit No. Demolition of SFR" and all structures . . . Demolition of 1403
2008 08103559 s.f." mobile home and all structures. Septic tank must be
abandoned and inspected by the Florida Department of Health.
Electric drop removed. Keys Energy must lock off the meter.
Water meter must be turned off. This permit was associated with
Monroe County Code Compliance Case No. CE08040012.
June 161', Permit No. Invasive exotic removal.
2014 14102661
ii Single-family residence.
Square foot.
9 of 21
4927
June 22"d, Permit No. Temporary Use - Temporary 20x20 tent for `Tropical Fruit
2016 16104536 Fiesta' 25 June 2016 according to submitted plans. Subject to the
following conditions:
1. Shall comply with all conditions of approved Public Assembly
Permit.
January 25th, Permit No. Permit approval to replace approx 1,180 linear feet of existing
2018 17106266 chain link fence 6' feet high, as per approved plans. References
the following property identification numbers:
00250680-000000
00250660-000000
00111070-004000
llyyp:Ill:i( HIC Proposed �i cccssory Iasc/�i cccssory strlacWrc of,
dectn'c scr /I :c cauinuimcnt be alb pr(ned�%iiiHncnn:nt a Iprinnciipal
nnsc/ nn°mnmd nal s(n°nnc(Rir.
Property ID No, 002150660-000000 258 Canningham Lang and Vacant Land(Lots 5, 6, 8, 13� 14$
15,16,Block I,Palm Hammock),
Date Issued Permit No.' Des cri tivn of Development Work
January 9th, Perinit No. 12369 730 feet of fence on Lots 5, 6, 7, 8, 13, 14, 15, 16.
1967
June 1st, Permit No. 23372 Addition of Car Port and Utility Room. The permit's application
1971 notes a Present Use of Property to be "Trailer and Rare Fruits"
and Intended Use to be "Same."Lots 6, 7, 13, 14, 15.
October Permit No. Permit approval to demolish travel trailers,plumbing, electric,
16th, 2008 08103721 and any and all other structures.This permit does not recognize
any development and does not grant any other development by
issuance of this permit. Permit was associated with Monroe
Count Code Compliance Case No. CE08040012.
January Permit No. Permit approval to replace approximately 1,180 linear feet of
25th, 2018 17106266 existing chain link fence 6' feet high, as per approved plans.
References the following property identification numbers:
00250680-000000
00250660-000000
00111070-004000
Property ID No. 00111070-004000 30675 23"d Lane(Tract D,Pine hLey Acres)
Date Issued Permit No.' Description of Development Work
February Perinit No. Change of land use from vacant to beekeeping
14th, 2020 15102952
January Permit No. Permit approval to replace approximately 1,180 linear feet of
25th, 2018 17106266 existing chain link fence 6' feet high, as per approved plans.
References the following property identification numbers:
00250680-000000
00250660-000000
00111070-004000
10 of 21
4928
There are no Monroe County building permit(s) on file for the original establishment or construction of
any use or structure on either property, other than permit no. 15102952 for a change of use from Vacant
to Beekeeping on property identification no. 00111070-004000, 30675 23rd Lane (Tract D, Pine Key
Acres), issued on February 141h, 2020.
Beekeeping is not a nonconforming use — it is permitted as of right in the subject SR LUD. Permit
application 15102952 (the permit application for permit no. 15102952) and the property record card
included with the application both identified the property as vacant commercial at the time of permit
application.
For the parcel currently having property identification no. 00250660-000000, three permits indicate the
established use on the property was a mobile home, but has now been demolished and the use
discontinued:
• Permit No. 23372 (for Lots 6, 7, 13, 14, 15)issued on June 1, 1971, approved the addition
of a car port and utility room as accessory to a mobile home use on property at Block 1,
Lots 6, 7, 13, 14, 15.
• Permit No. 08103559 was issued on October 16, 2008, for Block 1, Lot 7 (under former
property identification no. 00250680-000000) for demolition of a 1,403 square foot
mobile home and all structures.
• Permit Application No. 19100828 was FAILED by the Planning & Environmental
Resources Department (i.e., was issued a FAIL determination by the Planning &
Environmental Resources Department) on March 20, 2019, with the determination that
"electric service cannot be approved without a principal use/principal structure." This
determination was never appealed.
A demolition permit was issued in 2008 for the removal of additional structures on the property that were
determined to be unlawful pursuant to Monroe County Code Compliance Department case no.
CE08040012.
• Permit No. 08103721, issued on October 16, 2008, and reopened in 2014 for completion,
approved the demolition of travel trailers and all other structures on the property.
For property identification no. 00111070-004000, one permit has been issued which establishes a land
use on Tract D:
• On February 14, 2020, permit no. 15102952 was issued for a change of use from Vacant
to Beekeeping.
Other permit approvals include fencing, invasive exotic vegetation removal, and a temporary tent for a
public assembly event, none of which establish or support a specific lawful use on the property.
Monroe County building permits support the existence of a mobile home use on Lot 7 on or about
September 15, 1986, but also its demolition and removal of the use in 2008. County building
permitting history also supports the demolition and discontinuation of all other structures and
uses on the property in 2008. Building permits also support a current use of Beekeeping on
property identification no. 00111070-004000(Tract D),which is permitted as of right in the subject
SR zoning district and is not considered a nonconforming use.
11 of21
4929
The permit history does not indicate any use on property identification no.00111070-004000(Tract
D) in or prior to 1986.
(2)Documentation from the Monroe County Property Appraiser's Office supporting the existence of
the structures) and/or use:
The separate-and-distinct Office of the Monroe County Property Appraiser ("MCPA"), whose
jurisdictional remit is to assess real property exclusively for ad valorem tax assessment purposes, was
only able to provide property record cards for the year 1992,but nothing prior.
The 1992 property record cards show:
• Property identification nos. 00111070-004000 (Tract D) and 00250660-000000 (Block 1, Lots
5,6,8,13,14,15,16) both had the land use data classification `69', `agriculture'. Neither property
had any buildings listed.
• Property identification no. 00250660-000000 (Block 1, Lots 5, 6, 8, 13, 14, 15, 16) had a note
stating `parcel reactivated for agricultural exemption for 1983'.
• Property identification no. 00250680-000000(Block 1,Lot 7),now part of property identification
no. 00250660-000000, was listed with the property classification for mobile home. The MCPA
property record card listed one building as a single-family residence with a year built date of
1968. It specified another 244 square foot metal building with a year built date of 1954. The card
also listed three (3) other structures established in 1976 —240 s.f.13 of canopy, 288 s.f. shed, and
855 s.f. shed.
Property ID No. 00250680-000000 (Block 1, Lot 7):
MCPA Property Record Card("PRU) 10/2/2008: Property Classification Code 0200—Mobile Home.
pawaftof Noops
db il1U➢1V l";P V%M6;I r iTra,l 4 i Y. A" m'"rJW I4,:a. . , mo 4 , tJ1iuG,d"bh dWd'W4'(`rP'M1r7Wd iti trai 4 kt.4r'NrO'r" %^ ' ` ^,. 'r i YF 1 G C f d1^�,hadUol.rG; ,GirWf'f,"fiCr'W i`PuM"tld.REJ T I(O,olV
a�14A U;,; iVl uif� ki'W e['me",giv,ror➢U„, DFv I J1s dr bti,okm
l!�NN
.:N,
!r PrU
[The remainder of this page has been intentionally left blank]
is Square foot.
12 of 21
4930
MCPA PRC accessed 4/13/2014: Property Classification Code 00 - Vacant Residential.
Appraiser N�otes
REMIO''V!E ALL STRUCTURES,LEAVE AT 0200 FOR REDEVELOPMENT RIGHTS NL108
D07*311 S 0STERN UNDER PATIO IN FRONT CIF INN H,-SPOKE NTHOWNER'S PARTNER 4LATRRY SHAaTZEIR(SEE
NOT'ES),HE S"T TEIA THIS PARCEL WAS PART Of T14E OLD A DOILF GRINAL ESTATE IN THE 50'S WHO WAS KNOWN
FOR GROWNG PLANTS FROM AROUND THE WORLD D ON HIS KEYS PROPERTIES,CURRENT CANER&HIS PARTNER
IULL USE PARCELS FOR SEED RANKS,(JDCe&INE'EN)
20117,TR,PER COUNTY T LDG DEPT,IMOBIU,..E HOMIIF CAN NOT FEE REPLACED WITH ANOTHER MOBILE HOME,WOULD
HAVE TO REPLACE WITH SFR,CHANGED LA,NNID UNE To PHOTO(SA)
MCPA PRC accessed 10/3/2015: Property Classification("PC") Code-Vacant Residential(0000), land
use ("LU") -permitted SFR Dry (P10D).
MCPA PRC accessed 5/7/2017: PC Code-Vacant Residential(0000), LU -permitted SFR Dry(P10D).
Property ID No. 00250660-000000 (Block 1, Lots 5, 6, 8, 13, 14, 15, 16):
MCPA PRC accessed 4/2/2008: PC Code-Vacant Commercial, LU - special ag 0.66 acres.
riYudUI0315SI"4..filfu'LIVI B$1P.Mw1dt,fl.RSP"', k11 U,sV"'iW-U.A[1,,1 ti S. LINiZI,`NU { U1U IAUVEw SIAIUDI➢IE�1,IVIP,(,I "endN:RA:,
1.1U V N iL ULM A NN Ut,I (1MINIIA'L FS1 1 I U', N 1 u Nlm.M)''S 11 H 1"vrVA I N JAV"N FOR, ON"11VdNG t q xA1,,41 .» I r^,.,1h1 A➢a.1.JU_1110
'F'"t'NC1q.11 1 S N LY S PRO Pll 'R III:I'11`GA1It;,D"VUlF,Y"-,NIN I, 1;.J ,F P,,\iISIC I n,S F0 I',DI'1A1NI^,S (3 1 K:� K, NN:R,1
MCPA PRC accessed 10/3/2015: PC Code Vacant Commercial(10), LU - special ag (9940) 0.66 acres.
MCPA PRC accessed 5/7/2017: PC Code Commercial(1000), LU - special ag (9940) 0.66 acres.
Property ID No. 00250660-000000 (Block 1, Lots 5, 6, 7, 8, 13, 14, 15, 16):
MCPA PRC accessed 2/14/2024: PC Code Apiary/Bees (6700), LU - (69BH) 0.80 acres.
Property ID No. 00111070-004000 (Tract M
MCPA PRC accessed 10/3/2015: PC Code Vacant Commercial(10), LU - special ag (9940) 1.01 acres.
MCPA PRC accessed 5/7/2017: PC Code Commercial(1000), LU - special ag (9940) 1.01 acres.
MCPA PRC accessed 2/14/2024: PC Code Commercial(1000), LU- special ag (9940) 1.05 acres.
The separate-and-distinct Monroe County Property Appraiser's Office's property tax assessment
classification ("class.") info. posited residential class. use/one (1) dwelling unit on property
identification no. 00250680-000000 (Block 1, Lot 7) in 1992, and an agricultural class. use on
property identification nos. 00111070-00400 and 00250660-000000 (Block 1,Lots 5, 6,8, 13, 14, 15,
& 16)in 1992.
(3)Aerial photographs and original dated photographs showing the structure or use existed on site:
Aerial photography from 1959 depicts minimal clearing on property identification no. 00250660-000000
and no clearing on property identification no. 00111070-004000.
Aerial photography from 1985 depicts structures on property identification no. 00250660-000000 and
appears to show a pond on property identification no. 00111070-004000.
13 of 21
4931
Aerial photography from 1994 depicts structures in the same location on property identification no.
00250660-000000 and a pond in the same location on property identification no. 00111070-004000, as
in 1985.
id
� I1%
Figure 3. (1994 Aerial, Subject Property Selected)
Aerial photography from 2006 shows the structures still on the property and the pond appears to be filled
in.
Aerial photographs indicate that the properties had structures, clearing, and ponds in 1985. The
aerial photos cannot be used to specify the type of use.
(4)State and/or county licenses, supporting the existence of the structures) and/or use:
The applicant did not provide any state or county licenses to the Planning & Environmental Resources
Department and none were reviewed.
(5)Documentation from the utility providers indicating the type of service(residential or commercial)
provided.
The applicant did not provide any documentation from utility providers to the Planning&Environmental
Resources Department.
The ROGO Exemption Letter issued on October 14, 2008, for one (1) dwelling unit on Lot 7 (258
Cunningham Ln) indicates that electric service provided for Lot 7 since 1971 and water service for Lot
7 has provided since 1968.
(6) Similar supporting documentation not listed above as determined suitable by the Planning
Director.
[The remainder of this page has been intentionally left blank]
14 of 21
4932
Historical Accounts Provided by Applicant:
The Applicant provided several narrative documents14 putatively describing an `Adolf Grimal Estate'.
Although the subject documents clearly describe the presence of many rare tropical fruit trees on the
parcel with property identification no. 00250660-000000 prior to 1986, and support Mr. Grimal's
personal dedication, the narratives are consistent with a garden/grove associated with the dwelling unit
established on the property. There is no legally sufficient evidence of any use accurately described as
agricultural, industrial, commercial, or other use prior to 1986 beyond those accessory to the residential
dwelling unit.
An article in the June 1995 edition of`The Dade-Monroe Grower' offers a history of Adolf Grimal and
his property.Although it indicates his commitment to growing and caring for his collection of fruit trees,
it is clear that the use was a personal pastime for Mr. Grimal, rather than a commercial agricultural use.
As the article states, "Grimal grows for pleasure, not for money...Selling a few fruits here and there
helps pay the fertilizer bill...but Adolf gives most of it away."
Monroe County Code Compliance Department Proceedings:
On April 2, 2008, the Monroe County Code Compliance Department issued notices of violation against
the subject property pursuant to Monroe County Code Compliance Department ("Code Compliance")
Case Numbers CE08040012, CE08040015, and CE08020055.
Violations included presence of unsafe structures, abandoned vehicles, work without permits, habitation
of RVs, unsanitary conditions, and others.
The following information from the Code Compliance case files provides relevant information related
to the use of the subject property at that time:
On August 4, 2010, Monroe County Code Compliance Department Inspector Kathleen Windsor
memorialized,to Assistant County Attorney Lisa Granger, the following record,report, and/or statement
reduced to writing, setting forth the activities of the Code Compliance Department in connection with
Monroe County Code Compliance Department Case No. CE08040012, Monroe County Code
Compliance Department Case No. CE08040015, and Monroe County Code Compliance Department
Case No. CE08020055, or matters observed pursuant to duty imposed by law as to matters which there
was a duty to report, affirmatively stating that the former use of the property was botanical garden:
Windsor-Kath_ Granger l i,;a RL CE08020055;CE0804001Z ,..'Weed 8/41'2010 11:4 24 K
PY1,there is a buyer for this prol erty and the Antony's seem to be rresistart to sell hie(the interested ,party),Is willing to hiring the property
�ntia conip ianco and return it trs its ratriral state, lit used to a botanical garden), if you got on ogporu.
Figure 4.
The foregoing constitutes a memorandum, report, or record made at or near the time by, or from
information transmitted by, the Monroe County Code Compliance Department inspector of record in
Monroe Code Compliance Department Case Nos. CE08040012, CE08040015, and CE08020055, kept
in the course of a regularly conducted business activity, of which it was the regular practice of the
business of the institution of the Monroe County Code Compliance Department to make such
memorandum, report, or record.
14 News articles,affidavits, and editorial columns, and affidavits from ostensible friends and/or acquaintances of Mr. Grimal
and,purportedly, subsequent successors.
15 of 21
4933
On February 12,2013,the property owner's attorney sent a letter to Monroe County regarding the subject
property, indicating a long period of time(years) during which care and cultivation of the garden ceased.
In the 2013 letter he stated that cultivation had resumed, and that the volunteers want to "develop into a
community park and tourist attraction".15
Franktin D. Greenman, P.A.
Attorney at Law
Franklin D,Gr"nonAn,P A Gulfsldc VW2qFC,SIANC 41.
(105)73SAM 5800 OverseAs Hligbway
(305)7394913 Fax Maraffion,FL 3.1050
(;rcc.nm2nl wp&Cq),,gmai�.cfjTn
February 112, 2013
(,,ormmissioner David lbce Ph-D.
Monroe County Board Of"COLUAV Cr,.)rrin�iissioncrs
94,00, Civerseas ffighway
Mar-arhon, 11, 3305,0
11-ic (3r.irnal on Big Pine Key
Dcat Davi(l,
"rhere is an incredible piece of properq, on Big; I'U'le Key that will n,vcd ffi,c 0,)tmty's help to
preserve.
Adolf(Trignal (1910-1997 ow,nedarid developed :a 136acre piece of property 4113ig Pine
Key into at tropieft]. gdardcn ilLat 1S, conripletely and. fabtdously unitlue,.' "while ffie ditnate in the Y",`Jotida
Mr, Grirmfl witaintained the,, pruper.ty utIffl his dent in 199TThe property was, left to 1°t1s,
Tirkj"st- Tri 19'98 Flurriloane, (--weoqycs did extensive damage to the plants, xi-id the grcen1c)u5e arld
u.Jffiet accessory sLmtctures. A nuniber0f VOILITareers from the Tropical Fruit Bradt q rep=ed inAlCh.
of the damage; however there was a. lack of(.)n-goijig care to mairitain. ffic gti()vc, With instifficierit
funding, and fiirthict darnggc caut �,cd by I I arrican.e Wiltria (and other storms) the,f7,cwe detctiaratc&
In 11999, tfW present t-)wner,.)t:Jin Anit(>riy., purchased it with the intention of rfstoringit, bttt Ite,
suffered ficpim sedoushealth,problenas ;and the proPerty w s lief) untendeid.
Squatters, moved in, the pri,-)perty becarne, cwcrn,in with growth arul tr.4ash, and in 20108, Code
Fnforcernent began proceeding to have the property clexrted up, There wart, no respcinse. As of
Februaily 5, 2013, (-,'ode Enforcement fine s, acre at $7918,820.00 and growing,
I represent. a group of volwiteen and concerned citizens who not only don"t warit to 1a",)se
d1l's valuable rewurce, bfat tvanr tn develop, into a cc)mmunity park and tourist at—traction. (17hrough
the, 1970's to 90" hord,culturists, ai,,id ,vi,6tors fto tr) Fairs hill 'I'ropical Garden and offier jrardlen, clubb
canle regularly, b(,-)Uj tt> see tbe g ) frc= Gn,Ndolf rnal),, These volunteers have created
j(, ve, and leam
the Growing fff".)pc I'loundation Corporadon,
Excerpt below from copy of letter in the Code case file.
16 of 21
4934
Growing I lope, Lasing volurliteersarid. their own filinds, have startup d to clean up and clear the
p.roperty, and resumed ct,iltivatil-lf,,', the 211h]21119, plants on the property, but the job is jiist begari.
Figure 5.
On October 14, 2014, Monroe County Code Compliance Department Inspector Kathleen Windsor
reduced the following statement to writing in an e-mail to attorney Franklin Greenman—the attorney for
the property owner in Code Compliance Case Nos. CE08040012, CE08040015, and CE08020055:
Frank, IHave the bee,hives been removed or did thiey nbta n planning apprrniva[V to have therm On these proPe ms yok,
have approval ficur,the beo hlves I YOU not have to inspact,
Figure 6.
On December 5, 2015, Monroe County Code Compliance Department Inspector Kathleen Windsor
reduced the following to writing in an e-mail to owner Patrick Garvey together with an attached
memorandum from Monroe County Planning & Environmental Resources Department Senior Director
Townsley Schwab:
—A Wirdsor-Kathl FW:Re: Grimal Grove Fri 121512014 11:50 AM 17 KB
Here is the rrerno from Planning regarding the 3 parcels. As I stated in our meeting,I would encourage you to apply for a Letter of
Understanding.
(Let me know when that last permit Is closed.)
Figure 7. (See below excerpt from the Schwab memorandum attached to the Windsor e-mail shown above)
Grimal Grove is partially zoned (SR) and partially zoned (IS) (see attached rnap). None of
the property is under the (A) overlay. The agricultund use is allowed on the SR portion
with a conditional use permit. However, to allow the use on the (IS) portion as a
conforming use, the County would need to change the zoning to (SR) or apply the (A)
overlay.
On January 13, 2015, a meeting was held with the Monroe County Planning & Environmental
Resources Department. The attendees included Monroe County Code Compliance Department
Inspector Kathleen Windsor, owner Patrick Garvey,Commissioner George Neugent, and Monroe
County Planning & Environmental Resources Department professional staff Emily Schemper,
Mayt6 Santamaria, and Matt Coyle.
At the meeting, discussion included the following direction to Mr. Garvey, the property owner:
• In order to allow the cisterns/ponds on the property to remain on the site, a Beekeeping use could
be established with a building permit on property identification no. 00 111070-004000 as the
principal use in the SR zoning district associated with the cisterns/ponds.
• In order to gain ownership of the land within the roadway where a portion of the cisterns was
located, a right of way abandonment could be applied for. Once abandoned, property
identification no. 00111070-004000 could be combined with property identification nos.
00250660-000000 and 00250680-000000 as one aggregated property.
On January 27, 2015, Monroe County Code Compliance Department Inspector Kathleen Windsor
memorialized, to Assistant County Attorney Steve Williams, the following record, report, and/or
statement reduced to writing, setting forth the activities of the Code Compliance Department in
17 of 21
4935
connection with the Monroe County Code Compliance Department's cases against the subject
property(ies), or matters observed pursuant to duty imposed by law as to matters which there was a duty
to report:
On January 13, 20,15 i attenu ed tihe Pre-app6cation meefin qi with Mr r Garvey, and we discloseld the current vicdalbons,
ard Mr, Gal rveyagreed on remoivW of bus storage CiDn'tZt4,tier, Wacksmith man, storage of any v,0401es, and an,,,ij straiclures
that are not "teirrip,,,wary, not attached to the giround', 'rernporary structuires fliat can be iwnoved at rnornent's notilce
wifl,i storm warnings rinay rernaui No accessvy storagefor the"gardianVw,,1" r,,,an rerrmIn on 'tt"m Ipinraperty unW hr,,,,%
estalUml,ms'bee keepitig"' as a use, on the SR (Suburban ResidentyM) �bot, at wNc.h tirine ac..,C,,eSS,Dlr'�y'strLpctures°uses rnay,
bey permifted on tNn�SR k*
Figure 8.
The foregoing constitutes a memorandum, report, or record made at or near the time by, or from
information transmitted by, the Monroe County Code Compliance Department inspector of record in the
Monroe Code Compliance Department's cases against the subject property(ies), kept in the course of a
regularly conducted business activity, of which it was the regular practice of the business of the
institution of the Monroe County Code Compliance Department to make such memorandum, report, or
record.
On January 27, 2015, a courtesy notice of Code violation was issued to the owner regarding the new
violations on the property that were discussed at 13 January 2015 meeting with professional staff—
"accessory uses prior to the establishment of a principal use", to-wit:
Cotinty of Monroe
Code Compliance Department
COURTESY NOTICE OF CODE VIOLAVON
.....................DatQ I".ed
n
Owner T. R F,#
Prnperty Locatiom ILN
Addre�s
.....
(A
.... ...................
Dear property Owner,
11ii-i IcHer is intended io seek your cDOPCrilfiOln in bringing your property into coniptianca wfthout further CodV
Comptiance Action. An inspection oftbis property on January 12,2015 revealed viclationg ofth-fplgo-mb-
Accvssory uses prier to the establishment of a principal use,ie.storage oflins,storage conlainer,blackgriiiih
man,storage of any vehicles,and any structures that are not"temporary,not attacheil to the ground",
Temporary structures that can be removed at a moment's notice with storm warnings may reinain. No
accessory storage for the"gardening"can remain on the property until lie e0ablishes"lieu keeping"as a use,on
dies SH.(Suburban lUsidenflal)lot,at which time accessory structuresluses may be permitted on the SR lot.
C',nnurents,
5 Ll L
A;e�l f�'uol�) �rl "5J
COW-1cofive Incasures nrimt tic Taken within;Q days front the date of this,Qorn niuiiicailon, Failla to t�lke cklolloy Within
the aflotited time may rcsiffl in a Notice of Vidation/Notice of Bearing; being issued io you. it fS YOUR
[kl,SSIIONS]Btl.I'IYTO ONI'A( lI (,'.O[)E INSPECTOR for rehisPQCti()J1r Please contact Your inspector btlow:
Kafl&ui Windsor,CFM
Ferna CerMed FIOCKlphdTn MMM'Iger
Monroe("Cunty Sr Code Cunipliance Research Analyst
2798 Overseas Highway
Ma atho i FL 33050
Phc�ne:3'05-299-2596
............
Iled by�
Received by Owner/Tenant Other .................................................................. fin" . ......
Figure 9.
18 of 21
4936
On February 20, 2015, the property owner Patrick Garvey and Monroe County Code Compliance
Department inspector Kathleen Windsor engaged in the following written conversation via e-mail:
A Windsor-Kathl... RE Grinnal Grove CE08020055 Fri 2/20/2015 9:06 AM 27 KB
Okay,I will wait until it is gone so I can document that you are in compliance. Thank you,
Btw,how is it going with the cisterns? Are you going to more forward and get there repaired?
Kathleen Windsor, CFM
— 11
Patrick Garvey Re:Grimal Grove CE08020055 Fri 2/20/2015 9:13 AM 39 1<13
Thanks!I'll follow up next week about Stuff.As far as cisterns,yes moving forward with planning dept, Frn getting the"change of use"
permit so I am allowed to have bees on commercial side.I qhouJc1 have this submitted to planning dept sometime next...
Figure 10.
On June 1, 2015, the owner, Patrick Garvey, applied for building permit no. 15102952 for a change of
use from vacant to beekeeping on property identification no. 00111070-004000. The permit was
approved for issuance on 6/19/2015, but not picked up/issued until 2/14/2020.
As affirmatively stated by the property owner on the permit application form, the current use of the
property at the time of permit application was vacant:
.M .I
111�, AIL SCOPE OF WORKi
. ......... ......
---—------_
....................
............
LA-Zi- ................
..........
Figure 11.
M2 Pine Key and No Name Key Livable Communikeys Plan:
Table 2.7 of the Master Plan for Future Development of Big Pine Key and No Name Key, adopted by
the BOCC on August 18, 2004, by Ordinance No. 029-2004, and incorporated into the Monroe County
Comprehensive Plan under Policy 101.19.2, recognizes the following list of Institutional uses located
on Big Pine Key as existing in 2004:
Table 17 Institutional uses located on Big Pine Key.
civic, Parcel Zoning Tier
Lion's Club 108770 NA L
Lower Keys Properly Owner, 309070 is -1
Moose Club 111070 SR t
Religious
St Francis 110040 NA t
T and of the Seas I l IC,74 068 NA t
Big Pule Baptist 111470 SR 3
Big PLie%IehodisT 111450 SR 3
Vtneyaid Christian 111170 SR L
St.Peter's 110400 Sc 3
Other
Memorial Gardens(-emeteiv 1 10SY)WN 1 3
Big Pin,Neighboihood C IMITC1 S111DOL 111420,00-13 Sc 3
Seocanlp 247000 MU L
S-o, ....—,
The subject property is not currently included in the list of existing institutional uses in Table 2.7, and
therefore the Master Plan for Future Development of Big Pine Key and No Name Key does not support
recognition of a nonconforming institutional land use on the subject properties. The BOCC could elect
to add the subject property to Table 2.7 through an amendment to the Master Plan for Future
Development of Big Pine Key and No Name Key. If so,the historical uses of the property for institutional
activities, such as scientific research and education, could potentially be recognized as an existing
institutional use.
19 of 21
4937
An institutional use would be considered nonconforming on the IS-zoned portion of the property; but
would be conforming to the list of permitted uses for the SR-zoned portion of the property.
Per LDC Section 101-1 - Definitions:
Institutional use means a use that serves the religious, educational, cultural, scientific, research, social
service, or health needs of the community, including but not limited to, educational and scientific
research facilities that serve the region and day care and preschool facilities.
Determination:
Based upon considered review of documentation within Monroe County records and those
provided by the applicant, for the purpose of attempting to meet the requirements of Land
Development Code (LDC) Chapter 102 — Article III (NONCONFORMITIES) there is no legally
sufficient documentation that any agricultural, commercial retail, light industrial, or institutional
use(s) were lawfully established on the properties and remain as of the foregoing 15 September
1986 effective date of BOCC Ordinance No. 033-1986 and Fla. Admin. Code R. 28-20.020 and Fla.
Admin. Code R. 28-20.021, and were in continuous existence up to and including the present day.
Accordingly, no nonconforming uses are situated on the subject property(ies).16
• As previously determined by building permit nos. 08103721 and 08103559, all structures and
uses on the property with property identification no. 00250660-000000 have been
demolished/removed and the parcel is currently vacant with no land use approved.
• As previously determined by the ROGO Exemption Letter issued on October 14, 2008, Lot 7,
Block 1, Pine Hammock (Plat Book 3, Page 163), which is now included within the property
boundaries of property identification no. 00250660-000000, contains one (1)permanent market
rate dwelling unit ROGO exemption.
• As previously determined by D.O. No. 05-18 and the above-referenced restrictive covenant
recorded at Document No.2194759,Book 2936,Page 1432, Official Records of Monroe County,
all development rights have been transferred away from Lots 6, 8, 13, 14, 15 within the parcel
having property identification no. 00250660-000000, and said Lots may not be developed with
any use that requires the density or intensity that was transferred off the property.
• As previously determined by D.O. No. 03-20 and the above-referenced restrictive covenant
recorded at Document No.2306999,Book 3079,Page 1736, Official Records of Monroe County,
all development rights have been transferred away from Lot 16 within the parcel having property
identification no. 00250660-000000, and said Lot may not be developed with any use that
requires the density or intensity that was transferred off the property.
• As previously determined by permit no. 15102952, the parcel having property identification no.
00111070-004000 is currently approved with a Beekeeping land use only, which is currently a
permitted use within the Suburban Residential (SR) Land Use District and therefore NOT
considered a nonconforming use.
We trust that this information is of assistance. This letter is based upon currently available information
and provides no vesting to existing laws or regulations. Development including but not limited to the
16 Neither property identification No. 00250660-000000 nor property identification 00111070-004000.
20 of 21
4938
replacement of structures and any new accessory structures must be built in compliance with all
applicable regulations of the Monroe County Code(s) and Comprehensive Plan." Furthermore, if the
ROGO and/or NROGO-exempted development is replaced or substantially improved as defined in the
Monroe County Land Development Code, such development must be brought into compliance with all
applicable laws and regulations.
Respectfully,
Emily Schemper, A.I.C.P.", C.F.M.19
Senior Director, Monroe County Planning and Environmental Resources Department
17 At the time of development approval.
18 American Institute of Certified Planners(A.I.C.P.) certification.
19 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
21 of 21
4939
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Devin Tolpin, A.LC.P.,i C.F.M.,2 Senior Director
11 Monroe County Planning and Environmental Resources Department
12
13 From: Barbara Powell, Planning Policy Advisor
14 Monroe County Planning and Environmental Resources Department
15
16 Date: July 2, 2025
17
18 Request: An Ordinance, by the Monroe County Board of County Commissioners ("BOCC",
19 "Board", "Monroe County", or the "County"), Amending Policy 101.19.2 of the Monroe
20 County Comprehensive Plan and Figure 2.5 and Table 2.7 of the Livable CommuniKeys
21 Master Plan ("LCP") for Big Pine Key and No Name Key, to Include the Property
22 Colloquially Referred to as "Grimal Grove" as an Existing Institutional Use Identified in
23 LCP Figure 2.5 and Table 2.7, as Requested by the BOCC at the Board's October 16,2024,
24 Regular Public Meeting.'
25
26 Meeting: August 20, 2025
27
28 I. REQUEST
29
30 At their October 16, 2024, Regular Commission meeting, the Monroe County Board of County
31 Commissioners (BOCC) directed Planning and Environmental Resources Department staff ("Staff") to
32 amend the Future Land Use Element(Policy 101.19.2) of the 2030 Monroe County Comprehensive Plan
33 and the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, to include the property
34 known as Grimal Grove as part of the institutional uses identified in Table 2.7. and Figure 2.5 of the
35 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. The property is comprised of
36 parcels located at 258 Cunningham Lane, Big Pine Key, currently having Parcel Identification Numbers
37 00111070-004000 and 00250660-000000 (the"Property").
38 II. BACKGROUND INFORMATION
39 Site Information:
40 Location: MM 31, Big Pine Key
41 Addresses: 258 Cunningham Lane
42 Description:
i American Institute of Certified Planners(A.I.C.P.)—Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-218.
BOCC August 20,2025 Page 1 of 11
File 2024-218 4940
1 • Lots 5,6,7,8,13,14,15, and 16 of Block 1 of Pine Hammock, according to the plat thereof, as
2 recorded in Plat Book 3, Page 163 of the Official Records of Monroe County, Florida
3 and
4 • Track D of Pine Key Acres, Section One, as recorded in O.R. Book 509,page 1046 through 1049
5 of the Public Records of Monroe County, Florida.
6
7 Parcel Identification Numbers: 00111070-004000 and 00250660-000000
8 Boundary: Affected parcels are outlined in RED in the images below.
9 Applicant: Monroe County Board of County Commissioners
10 Property Owner: Patrick Garvey
11 Size of Property(cumulative): 80,586 Square Feet(1.85 acres)
12 Current FLUM Designation: Residential Medium (RM) - 00250660-000000
13 Residential Low (RL) - 00111070-004000
14 Current Land Use District: Improved Subdivision (IS) - 00250660-000000
15 Suburban Residential (SR) - 00111070-004000
16 Tier Designation: I
17 Flood Zone: AE-8
18 CBRS: No
19 Existing Permitted Use: Vacant/Apiary
20 Existing Vegetation/Habitat: Developed Land
21 Community Character of Immediate Vicinity: Adjacent land uses include residential, commercial,
22 public lands, and institutional uses.
23
f �.
n lly /ir �r r///���. ➢ ,¢ h�(�J�fll�r�����% 1 d �r/ l' /r
err, .o
1(� �>�,rr, r V
Existing FLUM Designation Existin Land Use District Designation
I i imp uihir l///rhNir, �'� wyil , 4, a wlI, rG/ 9V
MIT
r
Jrfy r
y
r
Tier 2023 Habitat
24
25
26
BOCC August 20,2025 Page 2 of 11
File 2024-218 4941
I Community Meeting and Public Participation
2 In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
3 meeting was held on March 10, 2025,to discuss the proposed text amendment to the Comprehensive Plan
4 and provide for public participation. There was one member of the public in attendance and no public
5 comments were offered.
6
7 Development Review Committee Meeting and Public Input
8 On April 22, 2025,the DRC considered the proposed amendment and provided for public input. On April
9 22, 2025, the Chair of the DRC signed Resolution No. DRC 08-25, recommending approval of the
10 proposed text amendments.
11
12 Planning Commission Meeting and Public Input
13 On June 25, 2025, the Planning Commission considered the proposed amendment, provided for public
14 input and recommended approval of the proposed map amendment through Resolution P19-25.
15
16 Prior Relevant BOCC Action
17 On June 16, 2021, the Monroe County BOCC adopted Resolution No. 224-2021 to vacate and convey
18 public right-of-way that ran generally between parcels 00111070-004000 and 00250660-000000.
19
20
21 IL PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
22
proposed mic�:p".�..�..P:.c and deletions
23 The ro ose amendment is shown as follows: additions are set forth below m rel
24 are set forth in fekfl 14F�ke 2 R)H;2�2,.
25
26 Comprehensive Plan
27 Policy 101.19.2
28 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of
29 the plan and be implemented as part of the Comprehensive Plan. The following Community Master
30 Plans have been completed in accordance with the principles outlined in this section and adopted by
31 the Board of County Commissioners:
32 1. The Master Plan for Future Development of Big Pine Key and No Name Key, dated August
33 2004 and adopted by the Board of County Commissioners on August 18,2004 is incorporated
34 by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is
35 equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is
36 equivalent to the term Policy; the meanings and requirements for implementation are
37 synonymous. Adopted by Ordinance 029-2004. Amended by Ordinances 020-2009 022:::.
38 2012 2025
39
40 *****
41
42
43 SECTION INTENTIONALLY LEFT BLANK
44
BOCC August 20,2025 Page 3 of 11
File 2024-218 4942
Livable Communike s Master Plan or Big Pine Key and No Name Key August 2004
GOAL 5
Maintain the viability of existing community organizations by providing opportunities for
limited redevelopment and expansion.
Current Conditions Summary
The LDP/HCP process sought to ensure that existing community organizations could remain
viable and expand according to their needs within existing zoning limitations. Table 2.7 lists
these organizations.
Table 2.7 Institutional uses located on Big Pine Ke
Civic Parcel Zoning Tier
Lion's Club 108770 NA 1
Lower Keys Property Owners 309070 IS 2
Moose Club 111070 SR 1
Religious
St. Francis 110040 NA 1
Lord of the Seas 111074.068 NA 1
Big Pine Baptist 111470 SR 3
Big Pine Methodist 111450 SR 3
Vineyard Christian 111170 SR 1
St. Peter's 110400 NC 3
Other
Memorial Gardens Cemetery 110830.0001 I 3
Big Pine Neighborhood Charter School 111420.0023 SC 3
SeaCam * MU 3
G�01 1 10 70 Q�Q��I000 &
1...�ugp ����� . QD0250000 QDQDQ.D�.DQ.0 IS/SR: �:..
*00112030-000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-
000000, 00247000-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and
00247180-000000
All of these institutional uses have been existing for at least 20 years and no new uses are
anticipated at present. A number of these institutions have expressed an interest in
redevelopment of existing square footage or a limited expansion to better serve the needs of
the present population.
...............................................................................
BOCC August 20,2025 Page 4 of 11
File 2024-218 4943
Livable CommwaiA"iiws 3faster Thin Ormnal BOCC Adoption 081'2004
Big Pine Icey and NO Name,Key Amended buy Otdi sancell 020-2009 azA,#0-202
�.'ivoble Common't)(ell feqtam
41
III Big Pine Key and Name Key
Existing Insfituttionial Uses
....................
f
6, 06C Orgalliza,tions
. ..... 1. The Lions Chib
1. LowerKrvs Pmvpem°tv Owners Assn,
3� Big Pine Kes Ifoose Lodg
V.,
--------------------------------------------------------
lu
,4 St.Frands of the Kevs
Lord of the Seas
6. First Baptist Chut,ch
7. Big Pine United'_' ethodist
& Vinevam,d Cristian
.9 St'Pete�r's
Other Institutional
M Pinervood Metuotial emeter'),
IL Big Phie Neighborb"d Charter School v
12. Seacamp
H,G�rimal Orwrive
I'M
Lqf.nd 4" P�...... d w" I "wA
Mile�Azrkex Residenual Road, D'W.,V—
parcets Ke�,,�Deex Blvd.
Rgiore 2.5 iG.ara atiiuri uf ex.Mlng instRuOunal,uses on Big Pwm Key,(OT'dirvar'K es 020-2009,§I pawLbl,L2Q25,(
Levvd Use anid'Radeve lopmen t Vein en r 50
BOCC August 20,2025 Page 5 of 11
File 2024-218 4944
1 III.ANALYSIS OF PROPOSED AMENDMENT
2
3 The text amendment is proposed to amend the Future Land Use Element of the Comprehensive Plan and
4 the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, which is adopted as part of
5 the Comprehensive Plan, to include the as part of the institutional uses identified in Table 2.7. and Figure
6 2.5 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, as directed by the
7 Monroe County Board of County Commissioners on October 16, 2024.
8
9 The Property, known as Grimal Grove, is a tropical fruit grove located on Big Pine Key. The grove
10 contains a diverse collection of rare and exotic fruit trees. The grove was established in the 1950s by Adolf
11 Grimal. The grove earned recognition from experts at the USDA, the University of Florida, and tropical
12 fruit enthusiasts. His collection included varieties like breadfruit, mangoes, and other tropical fruits rarely
13 seen in the U.S. Mr. Grimal lived on the property and worked the grove until his death in 1997.
14
15 The Property fell into disrepair after Mr. Grimal's death until Patrick Garvey and the Growing Hope
16 Initiative purchased the property in 2013. Mr. Garvey is working to revitalize the Property with a mission
17 to preserve its legacy. Today, it's known as the only breadfruit grove in the continental United States and
18 serves as an educational hub, offering tours,tastings, and community events. The Property had significant
19 damage from Hurricane Irma in 2017, destroying many of the original trees. However,the grove has been
20 recovering with new growth and replanting efforts. Grimal Grove is currently open for guided tours by
21 appointment, typically on weekends, where visitors can explore its history and sample fruits like
22 breadfruit.
23
24 The proposed text amendment would recognize Grimal Grove as an institutional use that had been in
25 existence for more than 20 years at the time of the adoption of the Livable Communikeys Master Plan for
26 Big Pine Key and No Name Key and would thereby be subject to the policies applicable to recognized
27 institutional uses on Big Pine Key. Comprehensive Plan Policy 101.19.2 was updated to reflect both
28 proposed and historical amendments to the Livable Communikeys Master Plan for Big Pine Key and No
29 Name Key.
30
31 IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN,LIVABLE
32 COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY,THE
33 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
34
35 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
36 County 2030 Comprehensive Plan. Specifically,it furthers:
37
38 Glossary
39 Institutional Use means a use that serves the religious, educational, cultural, scientific, research, social
40 service, or health needs of the community, including,but not limited to, educational and scientific research
41 facilities that serve the region and day care and preschool facilities.
42
43 Objective 101.19
44 Monroe County shall address local community needs while balancing the needs of all Monroe County
45 communities. These efforts shall focus on the human crafted environment and shall be undertaken
46 through the Livable CommuniKeys Planning Program.
47
BOCC August 20,2025 Page 6 of 11
File 2024-218 4945
I Policy 101.19.1
2 Monroe County shall develop, maintain, and update periodically, as appropriate, with public
3 input, the Livable CommuniKeys Community Master Plans. Community Master Plans will be
4 maintained in accordance with the following principles:
5 1. Each Community Master Plan will contain a framework for future development and
6 redevelopment including the designation of growth boundaries and future acquisition areas
7 for public spaces and environmental conservation;
8 2. Each Community Master Plan will include an Implementation Strategy composed of action
9 items, an implementation schedule, and a monitoring mechanism to provide accountability
10 to communities;
11 3. Each Community Master Plan will be consistent with existing Federal and State requirements
12 and overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met.
13 While consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030
14 Plan will be updated and amended where appropriate;
15 4. Each Community Master Plan will be closely coordinated with other community plans and
16 other jurisdictions to ensure development or redevelopment activities will not adversely
17 impact those areas;
18 5. Each Community Master Plan will include appropriate mechanisms allowing citizens
19 continued oversight and involvement in the implementation of their plans. Through the
20 Community Master Plans,programs for ongoing public involvement,outreach,and education
21 will be developed;
22 6. Each Community Master Plan will include a Capital Improvements program to provide
23 certainty that the provision of public facilities will be concurrent with future development;
24 7. Each Community Master Plan will contain an environmental protection element to maintain
25 existing high levels of environmental protection as required in the 2030 Comprehensive Plan;
26 8. Each Community Master Plan will include a community character element that will address
27 the protection and enhancement of existing residential areas and the preservation of
28 community character through site and building guidelines. Design guidelines for public
29 spaces, landscaping, streetscaping,buildings,parking lots, and other areas will be developed
30 through collaborative efforts of citizens, the Planning Department, and design professionals
31 reinforcing the character of the local community context;
32 9. Each Community Master Plan will include an economic development element addressing
33 current and potential diversified economic development strategies including tourism
34 management. The preservation and retention of valued local businesses, existing economies,
35 and the development of economic alternatives will be encouraged through the process;
36 10. Each Community Master Plan will contain a Transportation Element addressing
37 transportation needs and possibilities including circulation, safe and convenient access to
38 goods and services, and transportation alternatives that will be consistent with the overall
39 integrity of the transportation system not resulting in negative consequences for other
40 communities; and
41 11. Each Community Master Plan will be based on knowledge of existing conditions in each
42 community. The Planning Department will compile existing reports, databases, maps, field
43 data, and information from other sources supplemented by community input to document
44 current conditions; and
45 12. Each Community Master Plan will simplify the planning process providing clarity and
46 certainty for citizens, developers, and local officials by providing a transparent framework
47 for a continuing open dialogue with different participants involved in planning issues.
BOCC August 20,2025 Page 7 of 11
File 2024-218 4946
1
2
3
4 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key
5
6 Strategy 4.1 Original BOCC Adoption 08/2004: Amended by Ordinance 020-2009 Plan the overall level
7 of non-residential development for the next twenty years to be consistent with the community vision and
8 development plan selected through the Livable CommuniKeys planning process. It shall also be consistent
9 with the incidental take permit and the accompanying Habitat Conservation Plan for the Florida Key Deer
10 and Other Protected Species.
11
12 Action Item 4.1.4: Prohibit new non-residential development in Tier L Redevelopment and
13 expansion of existing institutional uses in Tier I is allowed,but is restricted to disturbed or scarified
14 land.
15
16 Strategy 5.1: Original BOCC Adoption 08/2004: Amended by Ordinance 020-2009 Allow the limited
17 expansion of existing community religious,civic and institutional organizations over the next twenty years
18 consistent with the community vision and development plan and with the incidental take permit and the
19 accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species.
20
21 Action Item 5.1.1: Expansion of non-public institutional floor area and uses is allowed in all Tier
22 designations within the planning area, but only on lands currently owned by the organizations on
23 the date of the issuance of the Incidental Take Permit, to ensure avoidance and minimization of
24 impacts to the Key deer and other covered species.
25
26 Action Item 5.1.2: Limit floor area allocations to 2,500 square feet per organization,per year.
27
28 Action Item 5.1.3: Monitor the total amount of new floor area allocated towards expansion of
29 existing non-public institutional uses as specific proposals are received. At the point where new
30 floor area is expected to exceed the H units budgeted, consider allocation of H from commercial
31 or public facilities categories to fulfill community organization needs for both existing expansions
32 and new uses. Include this as a discussion item during presentation of the annual report and obtain
33 Board of County Commissioners' approval prior to revising the H budget.
34
35 Action Item 5.1.4: Allow allocation and permit issuance for non-public institutional floor area at
36 any time during the twenty-year planning horizon.
37
38 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
39 Area, Section 380.0552(7), Florida Statutes.
40 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
41 principles for guiding development and any amendments to the principles,the principles shall be construed
42 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
43
44 (a) Strengthening local government capabilities for managing land use and development so that local
45 government is able to achieve these objectives without continuing the area of critical state concern
46 designation.
BOCC August 20,2025 Page 8 of 11
File 2024-218 4947
I (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
2 beds, wetlands, fish and wildlife, and their habitat.
3 (c) Protecting upland resources,tropical biological communities, freshwater wetlands, native tropical
4 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
5 and their habitat.
6 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
7 development.
8 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
9 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
10 and ensuring that development is compatible with the unique historic character of the Florida Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
13 major public investments, including:
14 1. The Florida Keys Aqueduct and water supply facilities;
15 2. Sewage collection, treatment, and disposal facilities;
16 3. Solid waste treatment, collection, and disposal facilities;
17 4. Key West Naval Air Station and other military facilities;
18 5. Transportation facilities;
19 6. Federal parks, wildlife refuges, and marine sanctuaries;
20 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
21 8. City electric service and the Florida Keys Electric Co-op; and
22 9. Other utilities, as appropriate.
23 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
24 and replacement of stormwater management facilities; central sewage collection; treatment and
25 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
26 treatment and disposal systems.
27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
28 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
29 403.086(10), as applicable, and by directing growth to areas served by central wastewater
30 treatment facilities through permit allocation systems.
31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
32 Keys.
33 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
34 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
35 natural or manmade disaster and for a post disaster reconstruction plan.
36 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
37 the Florida Keys as a unique Florida resource.
38
39 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
40 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
41
42 C. The proposed amendment is consistent with Part II of Chapter 163,Florida Statutes. Specifically,
43 the amendment furthers:
44
45 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
46 enhance present advantages; encourage the most appropriate use of land, water, and resources,
47 consistent with the public interest; overcome present handicaps; and deal effectively with future
BOCC August 20,2025 Page 9 of 11
File 2024-218 4948
I problems that may result from the use and development of land within their jurisdictions. Through the
2 process of comprehensive planning, it is intended that units of local government can preserve,
3 promote,protect,and improve the public health,safety,comfort,good order,appearance,convenience,
4 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
5 provision of transportation, water, sewerage, schools,parks,recreational facilities, housing, and other
6 requirements and services; and conserve, develop, utilize, and protect natural resources within their
7 jurisdictions.
8
9 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal
10 status set out in this act and that no public or private development shall be permitted except in
11 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
12 conformity with this act.
13
14 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
15 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
16 development of the area that reflects community commitments to implement the plan and its elements.
17 These principles and strategies shall guide future decisions in a consistent manner and shall contain
18 programs and activities to ensure comprehensive plans are implemented. The sections of the
19 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
20 and policies, shall describe how the local government's programs, activities, and land development
21 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
22 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
23 in the comprehensive plan but rather to require identification of those programs, activities, and land
24 development regulations that will be part of the strategy for implementing the comprehensive plan and
25 the principles that describe how the programs, activities, and land development regulations will be
26 carried out. The plan shall establish meaningful and predictable standards for the use and development
27 of land and provide meaningful guidelines for the content of more detailed land development and use
28 regulations.
29
30 (b) A local government may include, as part of its adopted plan, documents adopted by reference
31 but not incorporated verbatim into the plan. The adoption by reference must identify the title and
32 author of the document and indicate clearly what provisions and edition of the document is being
33 adopted.
34
35 163.3177(6),F.S.—In addition to the requirements of subsections (1)-(5),the comprehensive plan shall
36 include the following elements:
37 (a) A future land use plan element designating proposed future general distribution, location, and
38 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation,
39 conservation, education, public facilities, and other categories of the public and private uses of land.
40 The approximate acreage and the general range of density or intensity of use shall be provided for the
41 gross land area included in each existing land use category. The element shall establish the long-term
42 end toward which land use programs and activities are ultimately directed.
43 3. The future land use plan element shall include criteria to be used to:
44 c. Encourage preservation of recreational and commercial working waterfronts for water-
45 dependent uses in coastal communities.
46
47
BOCC August 20,2025 Page 10 of 11
File 2024-218 4949
I VI. PROCESS
2
3 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,the Planning
4 Commission, the Director of Planning, or the owner or other person having a contractual interest in
5 property to be affected by a proposed amendment. The Director of Planning shall review and process
6 applications as they are received and pass them onto the Development Review Committee and the
7 Planning Commission.
8
9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
10 the application, the reports and recommendations of the Department of Planning & Environmental
11 Resources and the Development Review Committee and the testimony given at the public hearing. The
12 Planning Commission shall submit its recommendations and findings to the Board of County
13 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
14 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
15 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
16 Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal
17 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
18 report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not
19 adopt the amendment.
20
21 VIL PROFESSIONAL STAFF RECOMMENDATION
22
23 Professional staff recommends approval of the proposed amendment.
24
25 VIII.EXHIBITS
26
27 1. Draft Transmittal Resolution
28 2. Ordinance
BOCC August 20,2025 Page 11 of 11
File 2024-218 4950