Resolution 338-2015RESOLUTION NO 3 38 1015
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST BY MOTE MARINE LABORATORY, INC
FOR AN EXEMPTION OF 6,850 SQUARE FEET FROM
THE NON - RESIDENTIAL RATE OF GROWTH
ORDINANCE ( NROGO) PERMIT ALLOCATION
SYSTEM; PURSUANT TO SECTION 138 -50(4) OF THE
MONROE COUNTY CODE.
WHEREAS, Monroe County Code Section 138 -50(4) provides an exemption for Development
activity for certain not - for - profit organization which is nonresidential development activity within tier III
designated areas by federally tax exempt not - for - profit educational, scientific, health, religious, social,
cultural and recreational organizations which predominately serve the county's non - transient population,
if approved by the Board of county Commissioners (BOCC); and
WHEREAS, an NROGO Exemption is subject to a restrictive covenant for at least twenty (20)
years be place on the property prior to the issuance of the permit; and
WHEREAS, Mote Marine Laboratory, Inc. filed a NROGO Exemption request to redevelop and
expand the research facility to facilitate and expand Motes' research mission in the Florida Keys; and
WHEREAS, the subject property is located at 24244 US Highway 1, Summerland Key, Florida
and is legally described as Lots 14 through 20, Block 2, Summerland Key Cove Addition Number 2, Real
Estate Numbers: 00190870. 000000; 00190880. 000000; 00190890 .000000; 00190900.000000;
00190910.000000; 00190920.000000; and 00190930.000000; and
WHEREAS, the subject property is located in Suburban Commercial (SC) Land Use District and
has a Future land Use Map (FLUM) Designation: Mixed Use /Commercial (MC); and
WHEREAS, the subject property is designated as Tier III; and
WHEREAS, Mote Marine Laboratory, Inc. is a not - for - profit 501(c)(3) organization pursuant to
Chapter 212, Florida Statues; and
WHEREAS, Monroe County Code Section 101 -1 defines, Institutional use as a use that serves
the recreational, religious, educational, cultural or health needs of the community, including educational
and scientific research facilities that serve the region and day care and preschool facilities.
WHEREAS, during the regularly scheduled meeting held on September 30, 2015, the Monroe
County Planning Commission conducted a review and consideration of the request filed by Mote Marine
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page 1 of 3
4 ,
Laboratory, Inc. and recommended approval of the request to the BOCC in Planning Commission
Resolution P25 -15 based on the following Findings of Fact and Conclusions of Law:
1. Mote Marine Laboratory, Inc. requested an exemption to the NROGO permit allocation system
for 6,850 square feet to redevelop and expand the research facility to facilitate and expand
Motes' research mission in the Florida Keys on Lots 14 through 20, Block 2, Summerland Key
Cove Addition Number 2 Real Estate Numbers: 00190870 .000000; 00190880.000000;
00190890.000000; 00190900.000000; 00190910.000000; 00190920.000000; and
00190930.000000 and
2. The proposed non - residential development is considered an institutional use and may be
permitted in the Sub Urban Commercial (SC) Land Use District; and
3. The property is subject property is designated as Tier 3; and
4. In accordance with Monroe County Code Section 138 - 50(4), the Planning Commission may
recommend an exemption from the NROGO for development activity for certain not - for - profit
organizations; and
5. Mote Marine Laboratory, Inc. is a not - for - profit 501(c)(3) pursuant to Chapter 212, Florida
Statues; and
6. Mote Marine Laboratory's research facility on Summerland Key is a fully equipped marine
science facility dedicated to marine research and education in the Florida Keys; thereby, it
predominately serves the county's permanent population; and
7. On December 20, 2001, the BOCC passed Resolution 504 -2001 which granted the first request
by Mote Marine Laboratory for an exemption from the NROGO in order to convert existing
residential floor area to non - residential floor area at the research facility on Summerland Key;
and
8. On March 21, 2007, the BOCC passed Resolution #096 -2007 which approved a second request
for an exemption of 1,152 SF from the NROGO permit allocation system. The exemption was
provided to Mote Marine Laboratory to facilitate the construction of a new coral culture
greenhouse (note: the subject coral culture greenhouse was never permitted and constructed).
9. The institutional use must comply with County level of service standards and all applicable land
development regulations and the Monroe County Comprehensive Plan; and
WHEREAS, the BOCC has duly considered the recommendations, Finding of Fact and
Conclusions of Law of the Monroe County Planning Commission and adopts them as their own.
NOW THEREFORE BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, that the preceding Findings of Fact and Conclusions of Law support the decision
to recommend APPROVE to the request by Mote Marine Laboratory, Inc. a not - for - profit 501(c)(3)
organization for an exemption of 6,850 square feet from the Non- Residential Rate of Growth Ordinance
( NROGO) permit allocation system pursuant to Monroe County Code Section 138 -50(4) subject to the
following conditions.
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page 2 of 3
1
1. Mote Marine Laboratory, Inc. continues to meet the requirements for federal tax exempt not -for-
profit educational, scientific, criteria of the Monroe County Code which predominately serves the
county's non - transient population; and
2. Mote Marine Laboratory, Inc. obtains required building permit(s) and.
3. A restrictive covenant running in favor of the county for a period of at least 20 years will be
required; and
4. Any change in the use or ownership of the property subject to this restrictive covenant shall
require prior approval by the Planning Commission, unless the total floor area exempted by the
Planning Commission is obtained through an off -site transfer of floor area and/or nonresidential
floor area allocation. If the total amount of floor area that is transferred and/or allocated meets or
exceeds the total amount of floor area exempted, the restrictive covenant shall be vacated by the
county; and
5. Prior to the issuance of the building permit(s) the required restrictive covenant is approved by the
Planning and Environmental Resources Director and County Attorney prior to the issuance of the
building permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting held on the 2 1 th day of October 2015.
Mayor Danny Kolhage
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Danny Kolhage
MONROE COUNTY ATTORNEY
qk�PROVED A - p FORM:
7 . w
STEVEN T. WILLIAMS
ASSISTANT CqUNTY ATTORNEY
Data /v /f3
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page 3 of 3