Resolution 024-2022 LH
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6 MONROE COUNTY, FLORIDA
7 BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 024 - 2022
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10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING THE REQUEST OF MOTE MARINE
12 LABORATORY, INC., FOR THE RELEASE AND WAIVER OF THE
13 RESIDENTIAL INCLUSIONARY REQUIREMENTS PURSUANT TO
14 MONROE COUNTY LAND DEVELOPMENT CODE SECTION 139-1(E)(3)
15 WHICH PROVIDES THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS WITH THE AUTHORITY TO REDUCE,ADJUST, OR
17 WAIVE THE REQUIREMENTS OF THE RESIDENTIAL
18 INCLUSIONARY REQUIREMENTS; AND APPROVING THE
19 ACCEPTANCE OF TWO (2) MARKET RATE ROGO EXEMPTIONS TO
20 MONROE COUNTY WHICH WERE PREVIOUSLY DEED RESTRICTED
21 AS AFFORDABLE HOUSING TO SATISFY THE RESIDENTIAL
22 INCLUSIONARY REQUIREMENT TRIGGERED BY THE
23 REDEVELOPMENT OF THE MOTE MARINE LABORATORY
24 FACILITY, HAVING THE PRESENT ADDRESS OF 24244 OVERSEAS
25 HIGHWAY, SUMMERLAND KEY, MONROE COUNTY, FLORIDA,AND
26 CURRENTLY BEARING MONROE COUNTY PROPERTY APPRAISER
27 OFFICE PROPERTY IDENTIFICATION NUMBER 00190890-000000.
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29
30 WHEREAS, Mote Marine Laboratory, Inc. ("Mote Marine"), is a Florida not-for-profit
31 corporation, organized under the laws of Florida, effective on or about November 21, 1967; and
32
33 WHEREAS, Mote Marine is a 501(C)(3) organization dedicated to the advancement of
34 marine and environmental sciences leading to new discoveries, revitalization, sustainability and
35 greater public understanding of our oceans through innovative research, education and outreach;
36 and
37
38 WHEREAS, during a duly noticed, regularly scheduled public meeting held on October
39 20, 2021, the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe
40 County", or the"County") discussed and considered a request filed by Mote Marine for the release
41 of two(2)deed restricted affordable housing units at Mote Marine's Elizabeth Moore International
42 Center for Coral Reef Research & Restoration, to allow for the expansion of Mote Marine's
43 scientific enterprise(s) on site to better serve Monroe County and the Florida Reef(also known as
44 the "Great Florida Reef', "Florida reefs", "Florida Reef Tract", and the "Florida Keys Reef
45 Tract"); and
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46 WHEREAS, Mote Marine expressed that the two (2) deed restricted affordable housing
47 units have been thus far underutilized or unused due to the evolving nature and methodologies of
48 its scientific research and coral restoration, the rigorous safety standards and biosecurity measures
49 required on-site preventing nonscientists from residing in a working laboratory, and due to the
50 perpetual working nature of the laboratory, the layout of such facility which does not fully
51 disaggregate residential uses from non-residential uses, and the necessary safety standards and
52 biosecurity measures, that cumulatively make on-site affordable employee housings unsustainable
53 and unsuitable for Mote Marine and its employees; and
54
55 WHEREAS, in 2014, Mote Marine proposed to develop a new "Tropical Research
56 Laboratory", with institutional uses and institutional residential uses, consisting of eight(8)units;
57 and
58
59 WHEREAS, Monroe County recognized nine (9) market rate ROGO exemptions on the
60 subject property, pursuant to a Letter of Understanding ("LOU") issued by Monroe County
61 Planning and Environmental Resources Department Senior Director Townsley Schwab, dated June
62 17, 2014; and
63
64 WHEREAS, Mote Marine received building permit number 16100254 (commercial
65 building)to redevelop the Mote Marine laboratory facility, bearing an address of 24244 Overseas
66 Highway, Summerland Key, and having property identification number 00190890-000000; and
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68 WHEREAS, Monroe County Land Development Code Section 139-1(e) establishes the
69 residential inclusionary requirements of the County, which are applicable to the development or
70 redevelopment of market rate dwelling units; and
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72 WHEREAS,residential developments that result in the development or redevelopment of
73 three (3) or more dwelling units on a parcel or contiguous parcels shall be required to develop or
74 redevelop at least 30 percent of the residential units as affordable housing units; and
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76 WHEREAS, the Mote Marine redevelopment of the subject laboratory facility and eight
77 (8) units triggered the inclusionary requirement, and Mote Marine fulfilled the residential
78 inclusionary requirement by deed restricting two(2)ROGO exemptions as affordable housing, for
79 median income households, with the subject covenants being effective for 99 years; and
80
81 WHEREAS, building permit number 16100254 authorized the construction of a new
82 mixed use building with 7,009 square feet of institutional use, eight (8) attached residential
83 dwellings all designated as Institutional Residential, with six (6) of the units designated as market
84 rate Institutional Residential, and two (2) of the units designated as Institutional Residential deed-
85 restricted affordable; and
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87 WHEREAS, the two (2) third floor units within the laboratory facility were deed-
88 restricted, pursuant to building permit numbers 16102830 (Unit 301 or A-4) and 16100290 (Unit
' For the purpose of clarity,"affordable housing"ought to be construed as synonymous with"affordable-employee
housing",and is referred to throughout,in the interest of brevity,as"affordable housing".
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89 306 or A-5) and the deed-restriction recorded on May 11, 2017, at Book 2853, Page 1580,
90 Document Number 2122464, in the Official Records of Monroe County, Florida; and
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92 WHEREAS, Monroe County Land Development Code Section 139-1(e)(3) provides the
93 BOCC with the authority to reduce, adjust, or waive the requirements of the residential
94 inclusionary requirements; and
95
96 WHEREAS, Mote Marine has requested for the release of two (2) deed-restricted
97 affordable housing units with the proposal to donate the two ROGO-exempt units to Monroe
98 County; and
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100 WHEREAS, the BOCC can grant relief from the inclusionary standards to any applicant
101 meeting the standards enumerated under Monroe County Land Development Code Section 139-
102 1(e)(3); and
103
104 WHEREAS, pursuant to Monroe County Land Development Code Section 139-
105 1(e)(3)(b.)(1.),Mote Marine states, "Due to the unique circumstances surrounding Mote's mission
106 and facility, the strict application of the inclusionary housing ordinance, creates an inconsistency
107 with fully effective use of facility's resources relative to the following goal and policies of the
108 Comprehensive Plan;" and
109
110 WHEREAS, pursuant to Monroe County Land Development Code Section 139-
111 1(e)(3)(b.)(2.), Mote Marine further states, "Mote's institutional residential use directly supports
112 the agricultural, educational and scientific work that furthers significant aspects of Goal 203 (The
113 health and integrity of living marine resources and marine habitat, including mangroves,
114 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and,
115 where possible, restored and enhanced.);" and
116
117 WHEREAS, pursuant to Monroe County Land Development Code Section 139-
118 1(e)(3)(b.)(3.), Mote Marine states, "...the institutional residential use at Mote is unique in its
119 characteristics. The housing serves the facilities [sic] users. It contains onsite cooking facilities
120 and internal transportation. It is unlike most any other use in Monroe County and does not serve
121 to create or increase the County's permanent residential housing needs;" and
122
123 WHEREAS,Monroe County Land Development Code Section 139-1(f)(4)identifies eight
124 uses that are exempt from the County's nonresidential inclusionary housing requirements; and
125
126 WHEREAS, pursuant to Monroe County Land Development Code Section 139-
127 1(f)(4)(a.)(T) (non-residential inclusionary), Mote Marine states, "Agricultural Uses shall be
128 exempt fi°om the nonresidential inclusionary housing requirements. IC2R3 [Mote's facility] is a
129 certified Florida Department of Agriculture and Consumer Services Division of Aquaculture
130 aquacultural operation per the requirements of the Florida Aquaculture Policy Act(Chapter 597,
131 Florida Statutes), specifically for the production ofAlcyonacea, Corallimorpha, Gorgonacea and
132 Scleractinia. As such, IC2R3 is also exempted fi°om new nonresidential inclusionary housing
133 requirements;" and
134
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135 WHEREAS, pursuant to Monroe County Land Development Code Section 139-
136 l(f)(4)(a.)(8.) (non-residential inclusionary), Mote Marine states, "The redevelopment,
137 remodeling, repair or cumulative expansion of a lawfully established nonresidential use that does
138 not increase the area of the nonresidential use by more than 1,000 square feet ofgross floor area
139 and the use is not changed to a different use category [is also exempted from new nonresidential
140 inclusionary housing requirements]. The proposed additional floor area will be less than 1,000
141 sf;" and
142
143 WHEREAS, pursuant to Monroe County Comprehensive Plan ("Comprehensive Plan")
144 Policy 101.4.5, the NROGO allocation system shall not apply to the following non-residential
145 developments: Within Tier III designated areas, non-residential development by federally tax-
146 exempt not-for-profit institutional uses (educational, scientific, research, health, social service,
147 religious, cultural, and recreational organizations) shall be exempt upon a finding by the Planning
148 Commission that such activity will predominately serve the County's non-transient population;
149 and the de minimis expansion of or de minimis addition of new non-residential floor area of an
150 individual property, not exceed 1,000 square feet of new non-residential floor area; and
151
152 WHEREAS, pursuant to Monroe County Land Development Code Section 138-50(d),
153 NROGO shall not apply to nonresidential development activity within Tier III designated areas by
154 federally tax exempt not-for-profit educational, scientific, health, religious, social, cultural and
155 recreational organizations which predominately serve the County's non-transient population, if
156 approved by the BOCC after review and recommendation by the Planning Director and Planning
157 Commission. This exemption is subject to the condition that a restrictive covenant be placed on
158 the property prior to the issuance of a building permit. The restrictive covenant shall run in favor
159 of the County for a period of at least 20 years; and
160
161 WHEREAS, Mote Marine is a federally tax-exempt not-for-profit institutional use, with
162 the Mote Marine laboratory facility located at 24244 Overseas Highway, Summerland Key,
163 currently bearing property identification number 00190890-000000, and located in the Mixed Use
164 Commercial ("MC")future land use designation, Suburban Commercial ("SC")land use (zoning)
165 district and designated Tier III; and
166
167 WHEREAS,in accordance with Land Development Code Section 138-50(d),the Planning
168 Commission may recommend an exemption from NROGO for certain federally tax exempt not-
169 for-profit educational, scientific, health, religious, social, cultural and recreational organizations;
170 and
171
172 WHEREAS,in accordance with Land Development Code Section 138-50(d), the Monroe
173 County Board of County Commissioners may approve an exemption from NROGO for certain
174 federally tax exempt not-for-profit educational, scientific, health, religious, social, cultural and
175 recreational organizations, after review and recommendation by the Planning Director and
176 Planning Commission; and
177
178 WHEREAS, Monroe County Land Development Code Section 139-1(e)(3)(c.) provides
179 any developer or property owner the ability to request relief from the strict application of the
180 residential inclusionary requirements; and
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181
182 WHEREAS, the Monroe County Board of County Commissioners makes the following
183 Findings of Fact and Conclusions of Law:
184
185 1. Based on Monroe County Land Development Code Section 139-1(e)(3), the Monroe
186 County Board of County Commissioners may grant relief from the inclusionary
187 standards referenced herein to any applicant.
188
189 2. The Monroe County Board of County Commissioners finds that due to the nature of
190 the use and proposed redevelopment of the Mote Marine laboratory facility and the
191 donation of two (2) ROGO exemptions, the subject development furthers
192 Comprehensive Plan policies and the purpose and intent of Monroe County Land
193 Development Code Section 139-1 through means other than strict compliance with the
194 requirements set forth therein.
195
196 3. The Monroe County Board of County Commissioners finds that Mote Marine meets
197 the criteria for an NROGO exemption, and upon review and recommendation by the
198 Monroe County Planning Commission will consider approval of a specific NROGO
199 exemption request.
200
201 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
202 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
203
204 Section 1. Recitals and Lesislative Intent. The foregoing recitals, findings of fact, and
205 statements of legislative intent and purpose are true and correct, and are hereby
206 incorporated as if fully stated herein.
207
208 Section 2. Based upon the information and document received by Monroe County,the Monroe
209 County Board of County Commissioners hereby APPROVES the request of Mote
210 Marine for the release and waiver of the residential inclusionary requirements
211 enumerated under Monroe County Land Development Code Section 139-1(e)(3).
212
213 Section 3. The parties agree that the property owner, Mote Marine, has full authority through
214 ownership or control, to lawfully transfer the two (2) market rate ROGO
215 exemptions to the County,that were previously used to satisfy the above-referenced
216 residential inclusionary requirements.
217
218 Section 4. Upon issuance of a building permit(s) to modify or eliminate the two (2) currently
219 deed restricted affordable housing units located within the Mote Marine laboratory
220 facility, the two (2) units shall be released from the deed restrictions recorded on
221 May 11, 2017, at Book 2853, Page 1580, Document Number 2122464, in the
222 Official Records of Monroe County, Florida; and the subject two (2) ROGO
223 exemptions shall be transferred to Monroe County for inclusion in the
224 Administrative Relief Pool.
225
226 Section 5. Construction and Interpretation. This resolution and its interpretation shall be
227 liberally construed and enforced in favor of Monroe County to effectuate its public
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228 purpose(s)and policy(ies)of the County. The construction and interpretation of this
229 resolution and all Monroe County Comprehensive Plan provision(s), Florida
230 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
231 interpretation arises out of, relates to, or is interpreted in connection with this
232 resolution shall be liberally construed and enforced in favor of Monroe County to
233 effectuate its public purpose(s)and policy(ies)of the County, and shall be construed
234 in favor of the BOCC and such construction and interpretation shall be entitled to
235 great weight in adversarial administrative proceedings, in trial, bankruptcy, and on
236 appeal.
237
238 Section 6. No Liability.Monroe County expressly reserves and in no way shall be deemed to
239 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
240 governmental, and any other similar defense, immunity, exemption, or protection
241 against any suit, cause-of-action, demand, or liability.
242
243 Section 7. Severability. If any provision of this resolution, or any part or portion thereof, is
244 held to be invalid or unenforceable by any administrative hearing officer or court
245 of competent jurisdiction, the invalidity or unenforceability of such provision, or
246 any part or portion thereof, shall neither limit nor impair the operation,
247 enforceability, or validity of any other provision of this resolution, or any remaining
248 part(s) or portion(s) thereof All other provisions of this resolution, and remaining
249 part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
250
251 Section 8. Nothing in this resolution shall not be deemed to obviate compliance with the
252 provisions of the Monroe County Comprehensive Plan and Land Development
253 Code, nor does it exempt, except, or waive any other permitting requirement(s),
254 condition(s), provision(s), rule(s), regulation(s), term(s), and/or restriction(s).
255
256 Section 9. Binding Effect. The terms, covenants, conditions, and provisions of this resolution
257 shall bind and inure to the benefit of the County and Mote Marine and Mote
258 Marine's successors-in-interest and title.
259
260 Section 10. Entire Agreement. This resolution contains the entire and exclusive understanding
261 and agreement by and between Monroe County and Mote Marine,including but not
262 limited to, with reference to the latter, the latter party's agent(s), affiliate(s), and
263 representative(s).
264
265 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
266 Florida, at a regular meeting held on the 21 st day of January
267
268 Mayor David Rice Yes
269 Mayor Pro Tem Craig Cates Yes
270 Commissioner Michelle Coldiron Yes
271 Commissioner Holly Merrill Raschein Yes
272 District III Commissioner — vacant Vacant
2 Subject to subsequent gubernatorial appointment,vacant as of December 21,2021.
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275 BOARD OF COUNTY COMMISSIONERS
276 q F MONROE COUNTY, FLORIDA
277 m u
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28 MAYORAVI ICE
27ATTORNEY
... APP TO FORM
2 82 A s x
284 A7 L ' " EYIN MADOK. CLERIC --
PETER MORRIS
25 ASSISTANT COUNW ATTORNEY
26 _ Date:
287 AS DEPUTY CLERK
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