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HomeMy WebLinkAboutItem S01 S1 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 December 10, 2025 Agenda Item Number: S1 2023-4830 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Barbara Powell AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Amending Policy 101.19.2 of the Monroe County 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 the October 16, 2024, regular meeting of the Monroe County Board of County Commissioners ("Monroe County", "BOCC", "Board", or the "County"), the BOCC directed Planning and Environmental Resources Department professional staff to amend the Future Land Use Element(Policy 101.19.2) of the Monroe County Comprehensive Plan and the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key to include the property known as Grimal Grove as part of the institutional uses identified in Table 2.7. and Figure 2.5 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. The subject property is comprised of parcels located at 258 Cunningham Lane, Big Pine Key, currently having Parcel Identification Numbers 00111070-004000 and 00250660-000000 (the "Property"). PREVIOUS RELEVANT BOCC ACTION: On June 16, 2021, the Monroe County BOCC adopted Resolution No. 224-2021 to vacate and convey public right-of-way that ran generally between parcels 00111070-004000 and 00250660-000000. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Professional staff recommends approval of the proposed 3321 amendment to the Monroe County Comprehensive Plan and the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. DOCUMENTATION: MONROE.25.05ACSC.ORC.pdf 2024.218.BOCC.SR.12.10.25.pdf August 13 2024 LOU.pdf Ordinance.pdf FINANCIAL IMPACT: N/A 3322 F1.0RIDACOMMERCE IffilM October 24, 2025 The Honorable Jim Scholl Mayor, Monroe County 530 Whitehead Street Key West, Florida 33040 Dear Mayor Scholl, FloridaCommerce has completed its review of the proposed comprehensive plan amendment for Monroe County(Amendment No. 25-05ACSC), which was received on August 26, 2025. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in sections 163.3184(2)and (4), Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or comments to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriate reviewing agencies, if any, are enclosed. The County should act by choosing to adopt,adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant to section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to FloridaCommerce within ten working days after the second public hearing pursuant to section 163.3184(4)(e)2., F.S. If you have any questions related to this review, please contact Adam Sieracki, Planning Analyst, by telephone at (850)-717-8549 or by email at Adam.Sieracki@Commerce.fl.gov. Sincerely, ames D. Stansbury,Chief Bureau of Community Planning and Growth JDS/acs Enclosure: Procedures for Adoption cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County Isabel Cosio Carballo, MPA, Executive Director, South Florida Regional Planning Council i An equal opportunity employer/prt;vain.Auxiliary aids and service are available, m uio F r t upon request to individuals wr0a disabilities All voice telephone numbers on thl's dOCUrnevi ������� Uolay;ervirmi asbe Cached by persons rusingI1'��ID equipment via the Florida 3323 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using Florida Commerce's electronic amendment submittal portal "Comprehensive Plan and AmendmentwUload" or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council, Water Management District, Department of Transportation, Department of Environmental Protection, Department of State, the appropriate county (municipal amendments only), the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only), and the Department of Education (amendments relating to public schools), and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package. Summary description of the adoption package, including any amendments proposed but not adopted. Ordinance number and adoption date. Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government. Name, title, address,telephone, FAX number and e-mail address of local government contact. Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendment, an adopted future land use map, in color format,clearly depicting the parcel, its existing future land use designation and its adopted designation. A copy of any data and analyses the local government deems appropriate. Effective.June 2,2011(updated December 2024) Page 2 of 3 3324 Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required. Copy of executed ordinance adopting the comprehensive plan amendment(s). Suggested effective date language for the adoption ordinance for state coordinated review: "The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency, or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the FloridaCommerce did not previously review. List of findings of the local governing body, if any,that were not included in the ordinance, and which provided the basis of the adoption or determination not to adopt the proposed amendment. Statement indicating the relationship of the additional changes not previously reviewed by the FloridaCommerce to the ORC report from the Florida Commerce. Effective:June 2,2011(Updated decernber 2024) Page 3 of 3 3325 � k 2 4,;;Wt, -w 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: November 3, 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: Board of County Commissioners—December 10, 2025 27 28 I. REQUEST: 29 30 At the October 16, 2024, regular meeting of the Monroe County Board of County Commissioners 31 ("Monroe County","BOCC","Board",or the"County"),the BOCC directed Planning and Environmental 32 Resources Department professional staff("Staff') to amend the Future Land Use Element4 ("FLUE") of 33 the Monroe County Comprehensive Plan and the Livable CommuniKeys Master Plan for Big Pine Key 34 and No Name Key to include the property that is often referred to as Grimal Grove as part of the 35 institutional uses identified in Table 2.7. and Figure 2.5 of the Livable CommuniKeys Master Plan for Big 36 Pine Key and No Name Key. The subject property is comprised of parcels located at 258 Cunningham 37 Lane, Big Pine Key, currently having Parcel Identification Numbers 00111070-004000 and 00250660- 38 000000 (the "Property"). 39 L BACKGROUND INFORMATION: 40 Site Information: 41 Location: MM 31, Big Pine Key 42 Addresses: 258 Cunningham Lane i American Institute of Certified Planners(A.I.C.P.)—Certification. '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. 4 Monroe County Comprehensive Plan Policy 101.19.2. 1 of 11 3326 I Description: 2 • Lots 5,6,7,8,13,14,15, and 16 of Block 1 of Pine Hammock, according to the plat thereof, as 3 recorded in Plat Book 3, Page 163 of the Official Records of Monroe County, Florida 4 and 5 • Track D of Pine Key Acres, Section One, as recorded in O.R. Book 509,page 1046 through 1049 6 of the Public Records of Monroe County, Florida. 7 8 Parcel Identification Numbers: 00111070-004000 and 00250660-000000 9 Boundary: Affected parcels are outlined in RED in the images below. 10 Applicant: Monroe County Board of County Commissioners 11 Property Owner: Patrick Garvey 12 Size of Property(cumulative): 80,586 Square Feet(1.85 acres) 13 Current FLUM Designation: Residential Medium (RM) - 00250660-000000 14 Residential Low (RL) - 00111070-004000 15 Current Land Use District: Improved Subdivision (IS) - 00250660-000000 16 Suburban Residential (SR) - 00111070-004000 17 Tier Designation: I 18 Flood Zone: AE-8 19 CBRS: No 20 Existing Permitted Use: Vacant/Apiary 21 Existing Vegetation/Habitat: Developed Land 22 Community Character of Immediate Vicinity: Adjacent land uses include residential, commercial, 23 public lands, and institutional uses. 24 `'�rt� ✓iir /yr r/�l �f r� �! �� W� o ,, _ f 1 � 1��/�l� //l '���r l/�,"1✓ rly v yy u r1N r r ���r� r Jli`Y1r�yr 1, �" r ��W �Ya i.�ry ✓r r ( (/ f r � � /Y irk r ���f%/� /i�n�i// ,,,, r� r r , la�r���a� ✓ � %lr( i /r r r �� / G/.%/ir/�j� � i, 'r�i IirrO l// /Jw�a r I ✓ �I � kr /l,r✓�u 1 fl ✓ r/r ;, l//�i/l/ .... ,,,,,,,,,,,,,,, r' �f�i' Existing FLUM Designation Existing Land Use District Designation r� �2 ��'✓ °�r �r r A, ,-„ — � I �"! V�r6 1�.iv/l.renwarrrrniF,✓,. � �o-,�'aPn✓� �r„. Tier 2023 Habitat 25 26 2of11 3327 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 those parcels bearing Parcel Identification Numbers 19 00111070-004000 and 00250660-000000. 20 21 IL PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT: 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 fekl 14F�ke l R)H; �k 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 072:::. 38 2012 2025 39 40 ***** 41 42 43 SECTION INTENTIONALLY LEFT BLANK 44 3of11 3328 Livable Communikeys Master Plan for 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 *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. ............................................................................... 4of11 3329 Livable Copnynur iAv�z 3f astor Phinfor Orizinal CC Adopfian W2004 Big Pine Kkj.,anti No Vmne,Eq Amended by Oxdivmnce�� 020-200191 xvJ 2025 �dig Pine Key and Igo Nam, Key Existing Insfituttionial Uses VI x CMC Organivroon's L The Lions Club vs Properm Ou-ners A Lower Ke , SSO 3 Big Pine Key Aloose Ledge --- ------ .............................................. ----- ----- 2 X11 A Religious Orgainvidow -L S&Francis of the Kevs or of the Seas 4 & First Baptist Church v 7. Big Pine United Methodist S. Vinevard Cristian 9 St,Pet r's V"I, w4i other Institutional nj M Pinevrood Memotial emeter), 11 Big Fine Neighborhood Charter School 12. Seacamp 13,Criuud Cnwrvip, "'wow ii"vow> end A 0 Mile Idarkn Residential Roadi Vu- C)",p,, Falcets Krsr Deer B I vid ..... .. .............., Rgufe 2.5 Uxabun of uses un NgRne Key,(Ordirwinces 020-20019,§I awj'u�2a 24, Land Use andRadmolopynenr Elemenr 50 5 of 11 3330 1 III.RELEVANT HISTORY AND ANALYSIS OF PROPOSED AMENDMENT: 2 3 On August 13, 2024, Monroe County issued the attached Letter of Understandings which exhaustively 4 analyzes and addressed the history of the subjectproperty(the"Property")and memorialized the County's 5 determinations concerning the development history and lawful or unlawful uses associated with the 6 Property. 7 8 This text amendment is proposed to amend the Future Land Use Element of the Comprehensive Plan and 9 the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, which is adopted as part of 10 the Comprehensive Plan, to include the as part of the institutional uses identified in Table 2.7. and Figure 11 2.5 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, as directed by the 12 Monroe County Board of County Commissioners on October 16, 2024. 13 14 The Property, known as Grimal Grove, is a tropical fruit grove located on Big Pine Key. The grove 15 contains a diverse collection of rare and exotic fruit trees. The grove was established in the 1950s by Adolf 16 Grimal. The grove earned recognition from experts at the USDA, the University of Florida, and tropical 17 fruit enthusiasts. His collection included varieties like breadfruit, mangoes, and other tropical fruits rarely 18 seen in the U.S. Mr. Grimal lived on the property and worked the grove until his death in 1997. 19 20 The Property fell into disrepair after Mr. Grimal's death until Patrick Garvey and the Growing Hope 21 Initiative purchased the property in 2013. Mr. Garvey is working to revitalize the Property with a mission 22 to preserve its legacy. Today, it's known as the only breadfruit grove in the continental United States and 23 serves as an educational hub, offering tours,tastings, and community events. The Property had significant 24 damage from Hurricane Irma in 2017, destroying many of the original trees. However,the grove has been 25 recovering with new growth and replanting efforts. Grimal Grove is currently open for guided tours by 26 appointment, typically on weekends, where visitors can explore its history and sample fruits like 27 breadfruit. 28 29 The proposed text amendment would recognize Grimal Grove as an institutional use that had been in 30 existence for more than 20 years at the time of the adoption of the Livable Communikeys Master Plan for 31 Big Pine Key and No Name Key and would thereby be subject to the policies applicable to recognized 32 institutional uses on Big Pine Key. Comprehensive Plan Policy 101.19.2 was updated to reflect both 33 proposed and historical amendments to the Livable Communikeys Master Plan for Big Pine Key and No 34 Name Key. 35 36 IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN,LIVABLE 37 COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY,THE 38 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES: 39 40 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 41 County 2030 Comprehensive Plan. Specifically,it furthers: 42 43 Glossary 44 Institutional Use means a use that serves the religious, educational, cultural, scientific, research, social 45 service, or health needs of the community, including,but not limited to, educational and scientific research 46 facilities that serve the region and day care and preschool facilities. 'Monroe County Planning and Environmental Resources Department File No.2022-219. 6of11 3331 1 2 Objective 101.19 3 Monroe County shall address local community needs while balancing the needs of all Monroe County 4 communities. These efforts shall focus on the human crafted environment and shall be undertaken 5 through the Livable CommuniKeys Planning Program. 6 7 Policy 101.19.1 8 Monroe County shall develop, maintain, and update periodically, as appropriate, with public 9 input, the Livable CommuniKeys Community Master Plans. Community Master Plans will be 10 maintained in accordance with the following principles: 11 1. Each Community Master Plan will contain a framework for future development and 12 redevelopment including the designation of growth boundaries and future acquisition areas 13 for public spaces and environmental conservation; 14 2. Each Community Master Plan will include an Implementation Strategy composed of action 15 items, an implementation schedule, and a monitoring mechanism to provide accountability 16 to communities; 17 3. Each Community Master Plan will be consistent with existing Federal and State requirements 18 and overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. 19 While consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 20 Plan will be updated and amended where appropriate; 21 4. Each Community Master Plan will be closely coordinated with other community plans and 22 other jurisdictions to ensure development or redevelopment activities will not adversely 23 impact those areas; 24 5. Each Community Master Plan will include appropriate mechanisms allowing citizens 25 continued oversight and involvement in the implementation of their plans. Through the 26 Community Master Plans,programs for ongoing public involvement,outreach,and education 27 will be developed; 28 6. Each Community Master Plan will include a Capital Improvements program to provide 29 certainty that the provision of public facilities will be concurrent with future development; 30 7. Each Community Master Plan will contain an environmental protection element to maintain 31 existing high levels of environmental protection as required in the 2030 Comprehensive Plan; 32 8. Each Community Master Plan will include a community character element that will address 33 the protection and enhancement of existing residential areas and the preservation of 34 community character through site and building guidelines. Design guidelines for public 35 spaces, landscaping, streetscaping,buildings,parking lots, and other areas will be developed 36 through collaborative efforts of citizens, the Planning Department, and design professionals 37 reinforcing the character of the local community context; 38 9. Each Community Master Plan will include an economic development element addressing 39 current and potential diversified economic development strategies including tourism 40 management. The preservation and retention of valued local businesses, existing economies, 41 and the development of economic alternatives will be encouraged through the process; 42 10. Each Community Master Plan will contain a Transportation Element addressing 43 transportation needs and possibilities including circulation, safe and convenient access to 44 goods and services, and transportation alternatives that will be consistent with the overall 45 integrity of the transportation system not resulting in negative consequences for other 46 communities; and 7of11 3332 I 11. Each Community Master Plan will be based on knowledge of existing conditions in each 2 community. The Planning Department will compile existing reports, databases, maps, field 3 data, and information from other sources supplemented by community input to document 4 current conditions; and 5 12. Each Community Master Plan will simplify the planning process providing clarity and 6 certainty for citizens, developers, and local officials by providing a transparent framework 7 for a continuing open dialogue with different participants involved in planning issues. 8 9 10 11 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key 12 13 Strategy 4.1 Original BOCC Adoption 08/2004: Amended by Ordinance 020-2009 Plan the overall level 14 of non-residential development for the next twenty years to be consistent with the community vision and 15 development plan selected through the Livable CommuniKeys planning process. It shall also be consistent 16 with the incidental take permit and the accompanying Habitat Conservation Plan for the Florida Key Deer 17 and Other Protected Species. 18 19 Action Item 4.1.4: Prohibit new non-residential development in Tier L Redevelopment and 20 expansion of existing institutional uses in Tier I is allowed,but is restricted to disturbed or scarified 21 land. 22 23 Strategy 5.1: Original BOCC Adoption 08/2004: Amended by Ordinance 020-2009 Allow the limited 24 expansion of existing community religious,civic and institutional organizations over the next twenty years 25 consistent with the community vision and development plan and with the incidental take permit and the 26 accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. 27 28 Action Item 5.1.1: Expansion of non-public institutional floor area and uses is allowed in all Tier 29 designations within the planning area, but only on lands currently owned by the organizations on 30 the date of the issuance of the Incidental Take Permit, to ensure avoidance and minimization of 31 impacts to the Key deer and other covered species. 32 33 Action Item 5.1.2: Limit floor area allocations to 2,500 square feet per organization,per year. 34 35 Action Item 5.1.3: Monitor the total amount of new floor area allocated towards expansion of 36 existing non-public institutional uses as specific proposals are received. At the point where new 37 floor area is expected to exceed the H units budgeted, consider allocation of H from commercial 38 or public facilities categories to fulfill community organization needs for both existing expansions 39 and new uses. Include this as a discussion item during presentation of the annual report and obtain 40 Board of County Commissioners' approval prior to revising the H budget. 41 42 Action Item 5.1.4: Allow allocation and permit issuance for non-public institutional floor area at 43 any time during the twenty-year planning horizon. 44 45 46 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys 47 Area, Section 380.0552(7), Florida Statutes. 8of11 3333 I For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 2 principles for guiding development and any amendments to the principles,the principles shall be construed 3 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 4 5 (a) Strengthening local government capabilities for managing land use and development so that local 6 government is able to achieve these objectives without continuing the area of critical state concern 7 designation. 8 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 9 beds, wetlands, fish and wildlife, and their habitat. 10 (c) Protecting upland resources,tropical biological communities, freshwater wetlands, native tropical 11 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, 12 and their habitat. 13 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 14 development. 15 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 16 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 17 and ensuring that development is compatible with the unique historic character of the Florida Keys. 18 (g) Protecting the historical heritage of the Florida Keys. 19 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 20 major public investments, including: 21 1. The Florida Keys Aqueduct and water supply facilities; 22 2. Sewage collection, treatment, and disposal facilities; 23 3. Solid waste treatment, collection, and disposal facilities; 24 4. Key West Naval Air Station and other military facilities; 25 5. Transportation facilities; 26 6. Federal parks, wildlife refuges, and marine sanctuaries; 27 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 28 8. City electric service and the Florida Keys Electric Co-op; and 29 9. Other utilities, as appropriate. 30 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, 31 and replacement of stormwater management facilities; central sewage collection; treatment and 32 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 33 treatment and disposal systems. 34 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation 35 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 36 403.086(10), as applicable, and by directing growth to areas served by central wastewater 37 treatment facilities through permit allocation systems. 38 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 39 Keys. 40 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 41 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 42 natural or manmade disaster and for a post disaster reconstruction plan. 43 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 44 the Florida Keys as a unique Florida resource. 45 46 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 47 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 9of11 3334 I C. The proposed amendment is consistent with Part II of Chapter 163,Florida Statutes. Specifically, 2 the amendment furthers: 3 4 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 5 enhance present advantages; encourage the most appropriate use of land, water, and resources, 6 consistent with the public interest; overcome present handicaps; and deal effectively with future 7 problems that may result from the use and development of land within their jurisdictions. Through the 8 process of comprehensive planning, it is intended that units of local government can preserve, 9 promote,protect,and improve the public health,safety,comfort,good order,appearance,convenience, 10 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient 11 provision of transportation, water, sewerage, schools,parks,recreational facilities, housing, and other 12 requirements and services; and conserve, develop, utilize, and protect natural resources within their 13 jurisdictions. 14 15 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 16 status set out in this act and that no public or private development shall be permitted except in 17 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in 18 conformity with this act. 19 20 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 21 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 22 development of the area that reflects community commitments to implement the plan and its elements. 23 These principles and strategies shall guide future decisions in a consistent manner and shall contain 24 programs and activities to ensure comprehensive plans are implemented. The sections of the 25 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, 26 and policies, shall describe how the local government's programs, activities, and land development 27 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 28 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations 29 in the comprehensive plan but rather to require identification of those programs, activities, and land 30 development regulations that will be part of the strategy for implementing the comprehensive plan and 31 the principles that describe how the programs, activities, and land development regulations will be 32 carried out. The plan shall establish meaningful and predictable standards for the use and development 33 of land and provide meaningful guidelines for the content of more detailed land development and use 34 regulations. 35 36 (b) A local government may include, as part of its adopted plan, documents adopted by reference 37 but not incorporated verbatim into the plan. The adoption by reference must identify the title and 38 author of the document and indicate clearly what provisions and edition of the document is being 39 adopted. 40 41 163.3177(6),F.S.—In addition to the requirements of subsections (1)-(5),the comprehensive plan shall 42 include the following elements: 43 (a) A future land use plan element designating proposed future general distribution, location, and 44 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, 45 conservation, education, public facilities, and other categories of the public and private uses of land. 46 The approximate acreage and the general range of density or intensity of use shall be provided for the 10 of 11 3335 I gross land area included in each existing land use category. The element shall establish the long-term 2 end toward which land use programs and activities are ultimately directed. 3 3. The future land use plan element shall include criteria to be used to: 4 c. Encourage preservation of recreational and commercial working waterfronts for water- 5 dependent uses in coastal communities. 6 7 VI. PROCESS: 8 9 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners,the Planning 10 Commission, the Director of Planning, or the owner or other person having a contractual interest in 11 property to be affected by a proposed amendment. The Director of Planning shall review and process 12 applications as they are received and pass them onto the Development Review Committee and the 13 Planning Commission. 14 15 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 16 the application, the reports and recommendations of the Department of Planning & Environmental 17 Resources and the Development Review Committee and the testimony given at the public hearing. The 18 Planning Commission shall submit its recommendations and findings to the Board of County 19 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 20 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony 21 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning 22 Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal 23 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC 24 report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not 25 adopt the amendment. 26 27 VIL PROFESSIONAL STAFF RECOMMENDATION: 28 29 Professional staff recommends approval of the proposed amendment. 30 31 VIIL EXHIBITS: 32 33 1. FloridaCommerce Objections, Recommendations and Comments ("ORC") Report 34 2. August 13, 2024-Issued LOU Containing the Department's Analysis of the Property's 35 Development History 36 3. Ordinance 11 of 11 3336 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 of 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 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 Uses: i Monroe County Planning and Environmental Resources Department File No. 2022-219. Having Property Identification No. 00111070-004000. s Having Property Identification No. 00250660-000000. 4 A true-and-correct excerpt of which is in relevant part shown below. 1 of 21 3337 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 Tract D Now W 70111 f Figure 1. 2 of 21 3338 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 1. 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 3339 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 3340 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 flecessar ). 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 3341 (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 3342 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 3343 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 3344 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 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 3345 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 VOW/NOTV9p0082 E'lectn'c llcnn6t FAILED BV PLANNING llyyp:Ill:i HIC Proposed �i cccssory Iasc/�i cccssory strlacWrc of, clectn'c scrn /Icc, caiimiaot be appii oved wifllmout a pi-inrm6pal 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 PJock 1,Palm Hammock) Date Issued Permit No. Description of DevelopmentWork' 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 3©05 23rd Lane{Tract D,Pine Key Acres) Date Issued Permit No Description of DevelopmentWork' 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 3346 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 3347 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 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] is Square foot. 12 of 21 3348 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, 1 VVN;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 3349 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 3350 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 3351 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 3352 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 just 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 nutp). None of the property is under the (A) overlay. The ugricultund 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 3353 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 3354 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 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 3355 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 3356 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 3357 +i era° 2 �/ 5 , 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2025 9 10 AN ORDINANCE APPROVING AMENDMENTS TO THE MONROE 11 COUNTY COMPREHENSIVE PLAN BY AMENDING 12 COMPREHENSIVE PLAN POLICY 101.19.2 AND FIGURE 2.5 AND 13 TABLE 2.7 OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR 14 BIG PINE KEY AND NO NAME KEY TO INCLUDE THAT CERTAIN 15 PROPERTY LOCATED AT 258 CUNNINGHAM LANE, BIG PINE 16 KEY, DESCRIBED AS LOTS 5, 6, 7, 8, 13, 14, 15,AND 16 OF BLOCK 1 17 OF PINE HAMMOCK, ACCORDING TO THE PLAT THEREOF, AS 18 RECORDED IN PLAT BOOK 3, PAGE 163, OF THE OFFICIAL 19 RECORDS OF MONROE COUNTY, FLORIDA, AND TRACT D OF 20 PINE KEY ACRES, SECTION ONE, AS RECORDED IN BOOK 509, 21 PAGES 1046 THROUGH 1049, OF THE OFFICIAL RECORDS OF 22 MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL 23 IDENTIFICATION NUMBERS 00111070-004000 AND 00250660-000000; 24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 25 CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO 26 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 27 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY 28 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 29 DATE.' 30 31 32 WHEREAS, at the October 16, 2024, regular meeting of the Monroe County Board of 33 County Commissioners ("Monroe County", "BOCC", "Board", or the "County"), the BOCC 34 directed Monroe County Planning and Environmental Resources Department professional staff to 35 amend the text of the 2030 Monroe County Comprehensive Plan to amend Policy 101.19.2 and to 36 include the property known as Grimal Grove as part of the institutional uses identified in Table 37 2.7. and Figure 2.5 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name 38 Key; and 39 40 WHEREAS, on March 10, 2025, a Community Meeting was held, in accordance with 41 Monroe County Land Development Code ("LDC") Section 102-159(b). There were no comments 42 from the public and no written comments were received; and 43 44 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and 45 considered the proposed amendment at a regularly scheduled meeting held on April 22, 2025; and 1 Monroe County Planning and Environmental Resources Department File No.2024-218. 1 of 7 3358 I WHEREAS, on April 22, 2025, the DRC Chair executed DRC Resolution No. 08-25 2 recommending approval of the subject proposed text amendment; and 3 4 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or 5 "PC") held a public hearing on the 25th day of June 2025, for review and recommendation on the 6 proposed Comprehensive Plan text amendment; and 7 8 WHEREAS, based upon the information and documentation submitted, the Planning 9 Commission made the following findings of fact and conclusions of law: 10 11 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 12 Monroe County Year 2030 Comprehensive Plan; and 13 2. The proposed amendment is consistent with the Principles for Guiding Development 14 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida 15 Statutes; and 16 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes; 17 and 18 4. The proposed amendment will not result in an adverse change in community character 19 to the sub-area which a proposed amendment affects; 20 21 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. P19- 22 25 recommending approval of the proposed amendment to the Monroe County Board of County 23 Commissioners; and 24 25 WHEREAS,at a regular meeting held on the 20th day of August 2025,the Monroe County 26 Board of County Commissioners held a public hearing to consider the transmittal of the proposed 27 text amendment, considered the Department's professional staff report and provided public 28 comment and public participation in accordance with the requirements of state law and the 29 procedures adopted for public participation in the planning process; and 30 31 WHEREAS, at the August 20 2025, public hearing, the BOCC considered the proposed 32 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 33 Agency; and 34 35 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 36 Objections, Recommendations and Comments ("ORC") report on October 24, 2025, received by 37 the County on October 24, 2025; and 38 39 WHEREAS, the ORC report did not identify any objections, recommendations, or 40 comments; and 41 42 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 43 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 44 45 WHEREAS, at a regularly scheduled meeting on the 10th day of December 2025, the 46 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text 47 amendment; 2of7 3359 I NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 3 4 Section 1. The foregoing recitals, findings of fact, and conclusions of law are true and correct 5 and are hereby incorporated as if fully set forth herein. 6 7 Section 2. The analysis, findings of fact, conclusions of law, and determinations in or 8 referenced within the November 3, 2025-dated Monroe County Planning and 9 Environmental Resources Department professional staff report from Department 10 Planning Policy Advisor Barbara Powell and Department Senior Director Devin 11 Tolpin, A.I.C.P.,2 C.F.M.3 accompanying this BOCC agenda item is/are approved 12 and adopted, as the BOCC's own analysis, findings of fact, conclusions of law, and 13 determinations, and the BOCC hereby incorporates said professional staff report in 14 its entirety as if fully set forth herein. 15 16 Section 3. The text of the Monroe County Comprehensive Plan is hereby amended as follows 17 (Deletions are shown sue; additions are shown underlined): 18 19 Comprehensive Plan 20 Policy 101.19.2 21 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a 22 part of the plan and be implemented as part of the Comprehensive Plan. The following 23 Community Master Plans have been completed in accordance with the principles outlined in 24 this section and adopted by the Board of County Commissioners: 25 1. The Master Plan for Future Development of Big Pine Key and No Name Key, dated 26 August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is 27 incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the 28 Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term 29 Action Item is equivalent to the term Policy; the meanings and requirements for 30 implementation are synonymous. Adopted by Ordinance 029-2004. Amended by 31 Ordinances 020-2009, 022-2012, 018-2016, and 44-2025. 32 33 ***** 34 35 SECTION INTENTIONALLY LEFT BLANK 36 2 American Institute of Certified Planners(A.LC.P.)—Certification. 3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 3 of 7 3360 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 SeaCamp MU 3 Grimal Grove 00111070-004000 & IS/SR 1 00250660-000000 — *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. ......................................................................... .......................................................................... 1 2 4of7 3361 Livable CommuniKeys Master Plan for Original BOCC Adoption 08/2004 Big Pine Key and No Name Key Amended by Ordinances 020-2009 and##-2025 Big Pine Key and No Name, Key Existing Institutional Uses Civic Organizations � m 1. The Lions Club ( w 2. Lower Keys Property Owners Assn. 3. Big Pine Key Moose Lodge i 2 Religious Organizationsy,g 4. St.Francis of the Keys lr,, 5. Lord of the Seas 6. First Baptist Church 7. Big Pine United Methodist 8. Vineyard Cristian 9. St.Peter's g o� Other Institutional t w 10. Pinewood Memorial Cemetery 11. Big Pine Neighborhood Charter School 12. Seacamp =i 13,Grimal Grover' :e e � v(owveet unty Legend I'I.iotnitrb aa�td I:nvirac�,rne� l • Mile Marker Residential Roads "1 m R",o roes UepntmcnI - - - Parcels Key Deer Blvd. U.S. 1 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 2 5 of 7 3362 I Section 4. 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, Florida Statutes, Florida 4 Administrative Code, Monroe County Land Development Code, Monroe County 5 Comprehensive Plan, or any other approval of the Monroe County Board of County 6 Commissioners, Monroe County Planning Commission, Monroe County 7 Development Review Committee, Monroe County Planning & Environmental 8 Resources Department, Monroe County Building Department, Monroe County 9 Floodplain Management Office, or other department or office of Monroe County, 10 the more restrictive rule, regulation, law,provision, and text shall always apply. 11 12 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions 13 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe 14 County Codes, Florida Statutes, and floodplain management regulations whose 15 interpretation arise out of, relate to, or are interpreted in connection with this 16 Ordinance, shall be liberally construed and enforced in favor of Monroe County, 17 and such interpretation shall be entitled to great weight in adversarial administrative 18 proceedings, at trial, in bankruptcy, and on appeal. 19 20 Section 6. This Ordinance neither ratifies nor approves,nor shall be interpreted as ratifying or 21 approving, any violation or violations of the Monroe County Code of Ordinances, 22 Monroe County Land Development Code, Monroe County Comprehensive Plan, 23 floodplain management regulations, or any law, rule, or regulation, and shall not be 24 construed as ratifying or approving of any such violation of law(s), rule(s), or 25 regulation(s). 26 27 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as 28 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and 29 require compliance with the Monroe County Codes, Monroe County 30 Comprehensive Plan, floodplain management regulations, Florida Building Code, 31 Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, 32 whether at law or in equity. 33 34 Section 8. Severability, Partial Invalidity, and Survival of Provisions. If any provision of 35 this Ordinance, or any section, subsection, or part or portion thereof, is held to be 36 invalid or unenforceable by any administrative hearing officer or court of 37 competent jurisdiction, the invalidity or unenforceability of such provision, or part 38 or portion thereof, shall neither limit nor impair the operation, enforceability, or 39 validity of any other provisions of this Ordinance, or any remaining section(s), 40 subsection(s),part(s), or portion(s)thereof. All other provisions,parts, and portions 41 thereof shall continue unimpaired in full force and effect. 42 43 Section 9. Repeal of Inconsistent Provisions. All ordinances or parts of an ordinance in 44 conflict with this Ordinance are hereby repealed to the extent of said conflict. The 45 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance 46 or revive any ordinance which has been repealed thereby. 6of7 3363 I Section 10. Transmittal. This Ordinance shall be transmitted by the Director of Planning to 2 the State Land Planning Agency pursuant to Chapters 163 and 380,Florida Statutes. 3 4 Section 11. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the 5 Secretary of the State of Florida but shall not become effective until a notice is 6 issued by the State Land Planning Agency or Administration Commission finding 7 the amendment in compliance with Chapters 163 and 380, Florida Statutes, and 8 after any applicable challenges have been resolved. 9 10 Section 12. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 11 in the Monroe County Comprehensive Plan. The numbering of the foregoing 12 amendment may be renumbered to conform to the numbering in the Monroe County 13 Comprehensive Plan. 14 15 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 16 Florida, at a regular meeting held on the 10th day of December 2025. 17 18 Mayor Michelle Lincoln, District 2 19 Mayor Pro Tem David Rice, District 4 20 Commissioner Craig Cates, District 1 21 Commissioner James K. Scholl, District 3 22 Commissioner Holly Merrill Raschein, District 5 23 24 25 26 BOARD OF COUNTY COMMISSIONERS 27 OF MONROE COUNTY, FLORIDA 28 29 By: 30 Mayor Michelle Lincoln 31 MoNnOE CQ ArrOnNEY 32 (SEAL) mTO FORM 33 34 ATTEST: KEVIN MADOK, CLERK _._ .. � . . _. . 35 PETER NCI S 36 ASSISTANT COUNTY ATTORNEY 37 AS DEPUTY CLERK at : 1 1/25/25 7of7 3364