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HomeMy WebLinkAboutResolution 284-2025 2 � r 3 r� 5 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 RESOLUTION NO. 284 -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 284 -2025 Page 1 of 3 BOCC Transmittal:File 2024-218 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 Yes 89 Mayor Pro Tem Michelle Lincoln, District 2 Yes 90 Commissioner Craig Cates, District 1 Yes 91 Commissioner David Rice, District 4 Yes 92 Commissioner Holly Merrill Raschein, District 5 Yes Resolution 284-2025 Page 2 of 3 BOCC Transmittal:File 2024-218 93 BOARD OF COUNTY COMMISSIONERS - 94 OF MO 95: Ili 0 .. r al 96 By: As 97 lor Mayor James K. Scholl 98 99 .- . . .:4,:�:.r APB TO FORM ; 1,00 -- (SEAL){�� ..�r : : _-. ;, 10.1 s r� i f ; :a; PETER MOi RI f, 1102,,'.' PTTES s ,e =;'EVIN MADOK, CLERK ASSISTANT COUNTY ATTORNEY i�'-��.,,nPam} 8/5/25 Rb 0 �1 y �I fL31e• ._ 11,, 33 a v,. r� .,,1) ,c py�v r 1 I ,1 j�\S d,y' .. _ 71/ ----, } tl y Q tA)10, I05-,-.-:.z.--::,---,':-.2,1 ' ::- ,, &i 1(16`:, r t,,f , DEPUTY CLE ,rf , t .. ` '�.; �� C 1 22"'' PCY . _ + rili,, Resolution 284 -2025 Page 3 of 3 BOCC Transmittal:File 2024-218 1 EXHIBIT A TO RES. NO. 284 -2025 �T ), i 2 ,AJ' � IP9' s t` 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 284 -2025 Page 1 of 8 File 2024-218 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 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 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 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 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 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 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 EX IBIT to Ord -2025 Page 1 of 1 File 2024-218 County of Monroe Planning&Environmental Resources Department ( �� ,,�, Board of County Commissioners: Marathon Government Center ' �1 I w Mayor Holly Merrill Raschein,District 5 2798 Overseas Highway,Suite 400 1 ,, Mayor Pro Tern James K. Scholl,District 3 Marathon,FL 33050 �� '��� Craig Cates,District 1 Telephone:(305)289-2500 � ja,2` Michelle Lincoln,District 2 Telefax:(305)289-2536 ""S�* �) � David Rice,District August 13, 2024 thomas@owentrepamerxom Mr. Thomas Francis-Siburg 1421 First St. 4 101 Key West FL 33040 A Letter of Understanding (LOU) Regarding an Application Soliciting Nonconforming Use Recognition and Registration for a Parcel Located at 30675 23`'d 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 Use : 'Monroe County Planning and Environmental Resources Department File No. 2022-219. 2 Having Property Identification No. 00111070-004000. 3 Having Property Identification No. 00250660-000000. a A true-and-correct excerpt of which is in relevant part shown below. 1 of 21 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. 224-2,0121)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 MR SR Tract D Now 111"POOR 114 Figure 1. 2 of 21 Property Owner/Applicant: Patrick Garvey. Location: Big Pine Key (approximate mile marker 31). Address Information: 00250660-000000: Vacant.' 00111070-004000: 30675 23rd 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. s Formerly known as(f/k/a)258 Cunningham Lane. 3 of 21 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.8 On June 20, 2016, a Public Assembly Permit was issued for an event to be held on June 25, 2016, on the subject property. 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, 6 Department File No. 2015-119. Department File No. 2016-006. s Department File No. 2016-019. 9 za. 4 of 21 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 o6'pmposal(attach a xtra mieets if necessar ). . ajc d��"�w.� µp ! �e'�' R '��r'��� �"'� 4. �J 7+•� C . � L A s.,�.., �'"n,..—_G�fw ........._ ".�,.,.�".,�.F..wfl �' ��:::� Lm,.�"�� � �•��� mwl� .��mm. ...w .. �'Nwd.� � ...2__w..�_ �� ...+b".«� M„ .... 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 (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 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 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 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 ("SR") 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 buildingpermit(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. Ifthere 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: (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. Property ID No. 00250680-000000 258 Cunningham Lane Lot 7;flock 1,Palm Hammock .Date Issued ; Permit No. Description of Development Work January 9t'', 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 16th, 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 16th, Permit No. Invasive exotic removal. 2014 14102661 tt Single-family residence. 12 Square foot. 9 of 21 June 22nd, 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 VOID/NOT 1010082. N`I;Ccaic iIC116u FAILED BY PLANNING cllcc rr°ic scn,ucc caiiiiiaot be appii°oved wifllmo ut a pi-iiiii6pai use/ ill-illici 'll structuill°e. Property ID No. 0025040-000000 258 Cunningham Larne and Vacant Land(Lots 5, 6, 8,13,,14, 15,16t Plock 1,Palm Hammock) Date Issued Permit No. Description of DevelopmentWork' January 9th, Permit 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 notrecognize 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 3©05 23rd Lane{Tract D,Pine Key Acres) Date Issued Permit No. Description of DevelopmentWork' February Permit 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 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 14d', 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 of 21 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. db il1U➢1V l";P V%M6;I If, i T a,l 4 I i Y. A" m'"rJW I4,:a. . , mo 4 , tJ1iuG,d"bh dWd'W4'(`NIP'M1 7Wd iti t jai 4 kt.4�'NrO'r" %^ ' ` i`PuM"tld.REJ T I(O,olV a�14A U;,; iVl uif� ki'W e['me',giv,tP „', DFv I J1s dr bti,okm '.l!�NN .:N, [The remainder of this page has been intentionally left blank] 13 Square foot. 12 of 21 MCPA PRC accessed 4/13/2014: Property Classification Code 00 - Vacant Residential. Appraiser N�otes REMOVE ALL STRUCTURES,LEAVE AT 02'0 N FOR REDEVELOPMENT RIGHTS NIIL108 D07*311 S 0STERN UNDER PATIO IN FRONT CIF ICI H,-SPOKE NTHOWNER'S PARTNER N ARRY SH ATZEIR(SEE NO I"ES),HE S"T TED THIS PARCEL WAS PART Of T14E OLD AbLDOILF GRINAL ESTATE IN THE 5 'S WHO WAS KNOWN FOR GROWNG(PLANTS FROM AROUND THE WORLD D ON HIS KEYS PROPERTIES,CURRENT CANER&THIS PARTNER IULL USE PARCELS FOR SEED RANKS,(JINCe&INE'EN) 017,TR,PER COUNTY SLIT DEPT,IN OBIN,..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 (PLOD). MCPA PRC accessed 5/7/2017: PC Code -Vacant Residential (0000), LU -permitted SFR Dry (P1 OD). 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. riYudUl 03 15 SI"4..filfuwl. IVL F1dP.Mw1d1'^L1.R''S ""',W11 U,sl"'iW-1 A[1,,10 'Sy LINiZI,`NU 11I Id1 E," lti: IkllA [ED I1IL: 1-, IVIP,1,L VVVN 'A. , M 1 N iL ULM A NI tJ (MINIA'l. FS1 L I(', N 11 Nlm.M)''S LL H 1"vrVA�� 1 N JA N FOR, ON"I1VdNG I q xA1,,41 .» I r^,.,1h1 A11.OLH 10 'LF'"t"'NCLq.1) 1S N L,"w S PRO Pl"L 1 111.;1 N TA 11t;,D.0 l I F,Y�N IN I, 1J ,F P,,\iISIC I n,S 1'`I1 I',D RA,NN,S (1111::aK, LLN: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 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 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;CE08040011Z _ Wed 8/41'2010 11,14 24 K Pyl,there is a buyer for this prolperty and the Antony's seem to be rrespstamt to sell hle('the interested party),Is willing to tiring the prroper rty �ntia conip iance and return it trs its ratriral state, (it used to a botanical garden), if you get 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 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"1"nonAn,PP A Gulfsldc vltlrgFC,SIAN:41. (105)73SAM 5800 OverseAs IG t,l tw ,y (305N 7594913 Fax Maraffion,FL,5.1050 (lw n nm2nnl ^wwp& ait.cwamun February 112, 2013. (".;ormmissioner David lbc,e Ph-D. Monroe County Boatd of Couerrl ° 6ar)r"ra.ntgr sion rs 400, Civerse.a;s ffighwa y Matra.rhon, 11, 3305,0 11-ie (,',rr.l"r al t;;,r a -vr° on Big Pine Key Dear Davi(l,,, There is an increchble piece of propert1' on Big; l'irle Key that will n,vcd ffi,c 0) nt.y's help to preserve. Adolf Trimraal (1 9 1 11-4 99 r.) ownr d and developed :a 1. 6r acr°e piece of property 41 11ig Pine Keys into a tropie,al gdardcn idLat ds errnriplete y and. fiulwwrlr:wr:sly rrnitlue.w "while tlae clitnate in the l",`Jotidar Mr, Grirmfl naauintain d the pt-u �.r.ty utlffl his depth in 11.19T 'the property was, left to 1°1:1s. °1'mraste Trr 19'98 Flr:urriloane t"_wecalrfyc s did extensive damage to the plaant A, xi-id the grin°eu-uhcnme and u.uthetr accessory stru.,tetx res. t r'nurnber awl`vu3irrrareers froni the Tropical Fruit Sodeq repatired. t .uolI. of the damage; h.owever rlaere was a. lack of ern-going cease to m " ita inr the, gtrrve, With instafftc;lerut funding, and 6urrthict darn ge c:aus,cd by lIarrican.e Wiltria band outer storms) the u"etcriarate.rl. In 11999, t1te present w)w"ner, )rulm Anit,(rta.y, purchased it with the laatentloav of rfstorin it, putt he suffered fra:;ntm r,tuuaioaaaa heaalth pr obl nas ;and the property was lieft untended. Squ:auttelrs' moved in, the l ri,:)perty becaurne, aavern,�xn with growth aurd.. tr.4ash, and in 2008, Cc-ad.e.. Fnforcerr ent. began proceeding to have the property clearred up" There wat, no respsrinse. As of. Febrtuaa,r3a 5, 2013, ,''ode Enforcement tunes, acre at$7918,820.00 and growing, 1 repreMsent a group u-al.°wsolwi eena and concerned citizens who not only don"t wa"rt to 1a",ase mhis valuable rewu;urre„ brut tvaartr to develops,into aa. cc)mrr?aunity park and too ist aut'traction. (1.7hroug . the 1970's to ' il'" hord,c llrtrrisatrt; a.t,,ad ,twi,tnutors lto r") Fairch ld "l'r°oprical Garden and otlaer jrardlen, cluabb caarae regularly, bu;rutla tt> see the grrwwac, zrruul 1c.atra frr:wrra ,Ndolf Gnrnaul,, These volunteers have created the f irowittag 1 lu.rpc l°'Ioaauraa,l,ation Corporation, is Excerpt below from copy of letter in the Code case file. 16 of 21 Growing I lope, Lasing volurliteersarid. their own filinds, have startcd to clean up and clear the p.roperty, and resumed ct,iltivatil-lf,,', the 211h]21119, plants on the property, but the job is just lie gari. 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 Ibeen removed or did thiey nbt n planning apprr�iva[V to have therm On these proPe ms yOU have approval ficur,the be 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 nutp). None of the property is under the (A) overlay. The agricultural 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 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 q�with Mr r Garvey, and,we disclose the current vicolaition's, ard Mr, Gairveyagreed on remoivW of bus storage CiDn'tZt4,tier, Wacksmith man, storage of any v,0401es, and an,,,ij straichires that ariew In "teirnpicwary, not attelched to the giround', 'rernporary structuires fl,,iat can be iwnoved at rnornent's notilce wifl,i storm warnings rinay rernaui No accessvy storagefor the"gardianVw,,1" r,,,an rerTmIn oritt"m pno Ift iuYrW N.,," estalUml,ms'bee keepitig"' as a use, on the SR (Suburban ResidentyM) �bot, at wNc.h tirine ac..,C,,eS�S,Dl�'^y'strLpctures°uses rnay, bra 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: Couinty of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLAVON ..................... O 0,4 wner'TL R F,# Prnperty Locatioma.ILN (A ............................ Dear property Owner, 11ii-i loer is intended to seek your cDOPCrilfiOln in bringing your property into coniptianca wfthout further Code Coonlifiance Action. An inspection oftbis property on January 12,2015 revealed viclationg ofth-fplgo-mb- Accessory uses prier to the establisbenent of a principal use,ie.storage ofbus,storage container,blackgriiiih man,storage of any vehicles,and any structures that are not"temporary,not attached to the ground", Temporary structures that can be removed at a moment's notice with storm warnings Enay reinain. No accessory storage for the"gardening"can remain on the property untH lie e0ablishes"lite keeping"as a use,on dies SH.(Suburban][Usidenflal)lot,at which time accessory structuresluses may be permitted on the SR lot. C',nnurents, uol�)' �rl 5J Concrtive Incasures nrimt tic Taken within;Q days frunt the date ofthis Qorn niuiiicailon, Failla to t�lke CkMnloy Within the allotited time may result in a Notice of Vidation/Natice of hearing; being issued io you. it fS YOUR RESPONSIBtLI'l Y TO�CON FAC 11 VHF,(,'.O[)E INSPECTOR for rehispoction. Please contact your inspector below: Kaffileui Windsor,CFM Ferna CcrMed FIOCKlphdT MMM'Iger Monroe("Cunty Sr Code Cunipliance Research Analyst 2798 Uvcrwas Highway Ma atho i FL 33050 Phc�ne:305-299-2596 ............ Iled by� Received by Owner/Tenant Other .................................................................. fin" . ...... Figure 9. 18 of 21 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 H 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 move 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 . ......... ...... ---—------_ .................... i .il L'LZI ................ .......... Figure 11. M2 Pine Key and No Name Key Livable Communikeys Plan: Table 2.7 of the Master Plan for Future Development ofBig 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 ofBig 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 ofBig 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 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 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.LC.P.", C.F.M.19 Senior Director, Monroe County Planning and Environmental Resources Department i'At the time of development approval. is 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 KeysNews.eom KE , / , IZEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO PLANNING/ENVIORNMENTAL RES 102050 OVERSEAS H WY KEY LARGO FL 33037 Account: 423741 Ticket: 3966183 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF MONROE [legal text] Before the undersigned authority personally appeared Jill Kelli Di Benedetto ,who on oath says that he or she is The legal advertising representative of the Key West Citizen,a five day newspa- per published in Key West,in Monroe County, Florida;that the attached copy of advertisment,being a legal notice in the matter of was published in said newspa- per in the issues of: Saturday,August 2,2025 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida Tuesday thru Saturday weekly,and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. (Signature ofAffiant) Affirmed and subscribed before me this 4th day of August 2025 (Notary Public Signature) Laura M Robins (Notary Public Printed Name) (Notary Seal) My commission expires 9/26/2026 Personally Known X Produced Identification Type of Identification Produced (Notary Seal) � u.�ra �ru�b4n f12 j keysnews.com Keys Citizen.Weekend Edition j'� AUGUST2-3,2025 PAGE A9 I1 � ,/,��°x, t,v�� i CT,GA,,,� Jhh/II 1t,v v�� 11 r 11 I,1il., CLEAR WATERS �l� ,�,,,//�,,,�,���„/�,r,, , Nniif:rw✓iv;, U rX," -lTp rr mY Grp Almost 250 vessels , /%a/ removed in past year SPECIAL TOTHECITI2EN „' //"/// M County M. R. reached historic d t derelict /. the 1 f d 1 i b /ii0/%i r%/r from Florida Revs waterswith the al of 248 derelict 1 during the past 12 months 1 partnership th th Fl da h Wildlifed (�ouservbtiorr Commission,the program,tuncled through a$3 n American Rescue Plan At grant,h broken previous removal records.Ret g derelict vessels is intended to improver i�///%; ,' %„il„ /%/i�%�i��/�� %✓,,.///„ ,,,/%F/,�r/�iis,2„�,�/%�/��i'�el/�%/f% IJ Boater safety and protect the marine environment. Currently,there are fewer than 80 vessels under Dena Marie,a 66-foot commercial trawler grounded offof lslamorada,is to be removed soon as part ofthe sou nty'sderellct vestigation or pending removal,which is dmvn from the historical range of300to400 cases at any vessel program. t theFlorida d Keys. y v The g tb g Aug.6 2024 with the first 1 k late.1 J st derelict 1s t dmarkingthhiigh ghestsine month total. ( n?I IIIIII II IIIIIIIIII B hremarkableaccomplishment hanks 'J, r ���� �/ fr11— /IVoy 1v wltio [ the dedication and expertise of pre qualified a,,,a ,,_ ,p mil rf 1 Ths contractors mo k g t relessly rossthel lorida '�+ ➢ENA mAR1E 'y� 'a d' vessel was .vs dth Inflation f efforts „ removed one comprehensive contract:'Marine Resources u G d,t from Lake ,vid-Admims"ratur Brittany Burnersaid.'OeVeve Sur streamlined th removal process, tt gth g /fir' S w q tn4R"`to- June.Surprise in r�movalt f b tth th tb t H 1 al tract 116 tf t through the f 2029 Iprojects t l c J t I dth �1 f 96f t submarine in Marathon,the 66 toot commercial Im trawler Dena Marie oill l cl and aSR toot am v tyiy X cabinff Bahia Honda State Park,which can Removing derelict vessels is intended to improve boater safety A be seen while driving along U.S.1. and protect the marine environment Jti'D MONROE COUNTY BOARD OF COUNTY Marathon man faces COMMISSIONERS NOTICE OF PUBLIC MEETING AND burglary, mischief charges NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO THE MONROE CITIZEN STAFF synthetic 11fC,and possession of drug COUNTY COMPREHENSIVE PLAN A Marathon man was arrested paraphernalia in addition to aggravated weanesaa,ml 3o,rrbnr larizin assault end improperexhibition ofa NOTICE OF CHANGE TO THE MONROE g gags "rearm. COUNTY LAND DEVELOPMENT CODE tb ddamaging 1 carts. Th ad ltm 1 t ported J W Baker,74,was charged with the p t,idc ttlled as Napoltano, b urglary ando al mischief displayed a gun during a road rage AUGUST 20,2025 1h Sh itt'sOtl pond dtoGolF C L of KeyVest the 5100 b1 -kid incident Mile Marker heS NOTICE IS HEREBY GIVEN that on Wednesday,August 2 g at S: the Monroe DOmy Board of approximately 10 suspect 1h h S97 a'h tt s County Co yb,id R.....kl—11 old a pabfc hear ng beg nn ng aEd—AM The BOCC—,Th. I, the Overseas Highway Stockl Ind Off stopped l tvehicle iter be held n hybrd format allow ng me publbroattend ether va zoomwednar or n person.yen t approximately 11'tm after&krwas observing itne the lavermer Creek person meetngwubeheldatthe Harvey Government Centeg located at 1200 Truman Avenue, standing U.S 1' dbl k gt'ff B id L h' dLsaid. Key West,FL.The followings— ill be c—idered at the PUBLIC HEARING: A employeeof[h b stated he N'l It 'd ttd[ d playinga PU B U C H EAR IN G5900 AM(or as soon thereafter as may be heard): observed Bale tier a golf cart belonging f arm Hewn taken tojatl the business and intentionally ram several AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMM ISSION ERSADO PTING other Ifcarts,cousin '[el OnSaturday;July26,aHialeah,Florida AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE go gapproximz y n was arrested after hitting an ad ult FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO MODIFY TH E REQUIREMENTS $500 in damage. male victim several times in the head with RELATEDTO TH E300 KEYS AF FORDABLEWORKFORCE HOUSING INITIATIVE EARLY EVACUATION Balser was taken to jail and was being a closed first on Fiesta Rev. UNIT BUILDING PERMIT ALLOCATI ONS CREATED BY TH E GOVERNOR OF FLORIDA,ATTORNEY held without bond. GENERAL OF FLORIDA,CHIEF FINANCIAL OFFICER OF FLORIDA,AND FLORIDA AGRICULTURE Three Boig nne Key Wimt-llixie Where were no life-threatening injuries CO McISSIO PER ACTI NG I N TH El R CAPAC ITV AS TH E FLO R IDA ADMI NISTRATION DOM MISSION employees arrested Dixie 1 reported. BY REMOVINGTHE1 FOR-I TAKI NGSAND BERT HARRISACT LIABILITY REDUCTION EXCHANGE vcr c Y=Juy PedroRat ae1Rosa P 22,was REQUIREMENT BY AMENDI NG,AS W E ILL AS C LAR I FV I N G,POLICIES 101.2.2,101.2.4,101.31,101.3.2, RO tor stealingf th e b hismess. charged fhb« L tr dtsaid 10133,101.3.D 101310,101311,m1.31 z,so11.e,;PRovlowG FOR sEVERABwTY;PRovlowG FOR C dolynL Carter,68,of Big REPEAL OF CONFLICTING PR OVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND the Sheriff's Ofticewascallecito the PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENTTO AND Pine Key,Ariamta Garica Placeres,27, 70000 block of the Overseas Highway INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FOR AN of Miami,and Anyeline De La Cariclad EFFECTIVE DATE.(FILE N0.2024-213) Pacheco Espinoza,20,of Spring Hill, atattery.An ately p.m.regarding abalrtedly b ongoing b oaterlirin AN ORDINANCE To THE ONROECOUNTV BOAR DEVEOPMENT CODE A ONEING DO SECTION Florida were charged with petit[helt, reportedly began onaboatearlier in the AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT CODE AMENDING SECTION Linhardt said. clay resulted in Rosa Perez committing the 138-24,RESIDENTIAL ROGO ALLOCATIONS,TO MODIFY THE REQUIREMENTS RELATED TO The three suspects were arrested after battery accordingto multiple witnesses. THE 300 KEYS AFFORDABLE WORKFORCE HOUSING INITIATIVE EAR LV EVACUATION UNIT rants were obtained clatterrest - l- BUILDING PERMIT ALLOCATIONS CREATED BY THE GOVERNOR OF FLORIDA,ATTORNEY followin Sh obtai ed for investigation Also on Sunday,a Citrus County, GENERAL OF FLO R I DA,CHIEF FINANCIAL OFFICER OF FLORIDA,AND FLORIDA AGRICULTURE ga' g Florida man was arrested for trying to COMM SS NER ACTING INTHEIR CAPACITVASTHE FLORIDA ADMINISTRATION COMMISSION thatbeganin June,when thebusiness break into an lslamorada residence. By REMOVING THE1FOR-I TAKINGSAND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE reported the employees were scanting Del Cordova 52,was charged REQUIREMENT;PROVIDING FOR SEVERABILITY,,PROVIDING FOR REPEAL OF CONFLICTING store items,voiding the transactions Lopez,1 g PROVISIONS,PR OVIDING FO R TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND g with attempted b urglary,[heft and THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE electronicallyand then keeping the items, MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FOR AN EFFECTIVE DATE(FILE criminal mischief Linhard[said. Linhardt said e Sheritfs Office was called to the NO2024-215) All three were arrested Wednesday: 74000 block of the Overseas Highway AN OR D INANCE BV THEMONROECOUNTV BOARD OFCOUNTV COMMISSIONERSADOPTING Benjamin Franklin Cook,48,of stapproximately l a.m.regarding a AMENDMENTSTO TH E MONROE COUNTY 2030 COMPREHENSIVE PLAN BVAMENDING POLICY Marathon,was arrested Monday July ireIp,wangcall when they observed 10119.2 AND FIGURE 2.5 AND TABLE 210 F TH E LIVABLE CO MM U NI KEYS MASTER P LAN FOR 28,for dragging,throwing,kicking and Lopez on the proper[ holding rocks. BIG PINE KEY AND NO NAME KEY TO INCLUDE PROPERTY LOCATED AT 258 CUNNINGHAM Chihuahua do 4 property Y grog LANE,BIGPINEKEY,DESCRIBEDAS LOTS 5,67,8,13,14,15,AND 160F BLOCKI OF PINE HAMMOCK, injuring g. Security video showed Lopez attempting ACCORDI NGTO TH E PLAT TH ER EO F,AS R ECO R DED IN PLAT BOO K 3,PAGE 1630 F TH E PU BLIC fire Monroe County Sheriff's Office to steal a package and trying to break RECORDS OF MONROE COUNTY,FLORIDA AND TRACK D OF PINE KEY ACRES,SECTION responded to reports of animal abuse on ONE,AS RECORDED IN O.R.BOOK 509,PAGE 1046 THROUGH 1049 OF THE PUBLIC RECORDS 107th Street and First Avenue in Marathon mto the residence using rocks,causing OF MO PROF COUNTY,FLORIDA,CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS '07th Street and First Avenue rdin approximately$600 in damage to the front 0 011107 0-004000 AND 00250660-0000ho,PROVIDING FOR SEVERABILITY,PROVIDING FOR ll Y g door. REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND [o Sheriff's Office spokesman Adam PLANNING AGENCY AND THE SECRETARY ETARV OF STATE;PROVIDING FOR INCLUSION IN THE Linhardt Multiple witnesses reported Lopez was taken[ojail. MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE(FILE2024- observingCookphysicallyabusethedog. rnsmw Sundays Hfter di playin a 21e) woman was arr ested after displaying a The dog suffered injuries[o his face and handgun at a Stock Island hotel pool. AN ORDINANCE BVTH EMONROE COUNTY BOARD OFCOUNTV COMMISSION ERSAM ENDING throat kwas charged veterinarian care 'There werenoinjuries reported. TO AMENDTHE REQUIREMENT FOR A DOM MUNITV'MEET'ING,AS REQUE'SITED BVTHE BOCCAT PREHENSIVE PLAN Cookwasly intodcathn,Linhcrhsai Christy Hadden Gonsalves,49,was THEIR FEBRUARY 19,2025,REGULAR DOM MISSION MEETING,PROVIDING FOR SEVERABILITQ and disorderly intoxication,Linhardt said. charged with improper display ofatirearm PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL He wash:I tojail. and disorderlyduct,Linhardt said. TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR A Taverniermanarrested Sunday;July, con AMENDMENT TO AND INCORPORATION I N THE MONROE COUNTY COMPREHENSIVE PLAN, 27,afavernier manying arrested Sunday,IuIv 'he Sheriffs Office responded to PROM DING FOR AN EFFECTIVE DATE(FI LE No.2025-037) the Oceans Edge Resort&Marina at Glockhand u while driving on U.S. is g n ing approximately 7:11 p.m.regarding an Please visit the Monroe County Website at www.monroecounry-fl.gov for meefing agenda also icing drug charges intoxicatedf nalewhobrandishedt updates and information regarding the various options available rothe public to view the live Where were injuncs reported, ira meeting and to make public comments on certain agend.items. afire, while at thepool.Multiple Linharchs d witnessesl td the suspect,identified Pursuant to S—d,286 0105Fl -daStatutes,ita person decodes to app,,I,,y decision ofth,BoardA S[f N'l It 40 charged C salves,produced a 380 caliber County Commis -th p ete any matterconsideredat the m eating or h eanng,he orshe will with possession of 8.1 gramsot pistol and waved it around. eed are cord otth Org,ai—dA,dthat fe—d purpose,,eorshemayneedto ensu" h,,h tin methamphetatnine,possession of p n s record of the proceeaings is made,which record includes the testimony&evidence upon which the Go salve, as taken[o jail. appeafis to be based � .] 1., ADA ASSISTANCE:I you are a person with a disability who needs special accommodations m Proud 1 oud to be your — .v� order to parM1ctpafe in this proceeding,please contact the County Admmisfafor's OHice,by trusted news SOL7TCe. iI .•..• phoning(305)2924441,between the hours of&30a.m. 5.00p.m.,no later thanfive(5)calendar l. f;0(f �''(�f';1V days prvor fo the scheduled meeting;i/you are hearvng or voice imparzed,wll'711:'