Item T09 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Me Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: T.9
Agenda Item Summary #9861
BULK ITEM: No DEPARTMENT: BOCC District 2
TIME APPROXIMATE: STAFF CONTACT: Katherine Atkins (305)292-4512
n/a
AGENDA ITEM WORDING: Discussion and direction regarding Mote Marine Laboratory's
request for an exemption to Monroe County's residential inclusionary housing requirement and
donation of two ROGO-exemptions to the County.
ITEM BACKGROUND:
Mote Marine Laboratory at 24244 Overseas Hwy. on Summerland Key has six institutional
residential units it uses for temporary housing for visiting scientists and students furthering Mote's
aquacultural research and production and two (2) affordable institutional residential units for onsite
permanent housing.
Two (2) affordable units cannot be used by Mote for visiting scientists and students, which are not
eligible due to income verification and residency qualification criteria, and the housing permanent
nonscientist-people/personnel conflicts with the rigorous safety standards and biosecurity
requirements of the lab.
As a result, the floor area occupied by the two affordable units sits unused. Mote proposes to
donate the two ROGO exemptions (units) to the County, and partition the floor area occupied by
the 2 units, with 459 square feet becoming lab space and the 495 square feet becoming part of one of
the remaining six units for use by visiting scientists and students. The proposal would result in an
additional 459 square feet of nonresidential floor area pursuant to Policy 101.4.5 for tax-exempt not
for-profit institutional uses and Sec. 139-1(f)(4)a.7
Again, Mote is proposing to donate the two mentioned ROGO-exempt units to Monroe County
to better fulfill its mission of the advancement of marine and environmental sciences. The floor
area at Mote would be split, with half used as laboratory space and the other to be combined with
one of the remaining 6 residential units for use by visiting scientists and students.
See attached summary of request and explanation from Mote Marine.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Mote Marine Lab - Exemption Request
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Michelle Coldiron Completed 10/14/2021 12:04 PM
Mayte Santamaria Completed 10/14/2021 12:17 PM
Bob Shillinger Completed 10/14/2021 3:41 PM
Liz Yongue Completed 10/14/2021 3:52 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
EXEMPTION REQUEST -1 RE A N I
SEC. 139-1(E)(3)B
Date: October 13, 2021
To: Honorable Mayor Michelle Coldiron
From: Owen Trepanier
CC: Kevin Cooper & 0c I A I I I �_
A11R, WA
Re: Mote Marine Laboratory— Exemption Request ` ''
Executive Summary:
Mote Marine Laboratory is a
In 2000, Mote Marine Laboratory purchased property 501(C)(3) organization dedicated
at 24244 Overseas Highway, from Charles River to the advancement of marine and
Breeding Laboratories, and established the Mote environmental sciences leading to
Marine Tropical Research Laboratory. Fifteen years new discoveries, revitalization,
later, the site had aged out of then-current safety sustainability and greater public
standards and was also no longer capable of understanding of our oceans
supporting the scientific enterprise needs of Mote in through innovative research,
Monroe County. education and outreach.
In 2017, following a demolition of the old lab and a multi-year construction process, Mote
opened the newly constructed Elizabeth Moore International Center for Coral Reef
Research & Restoration ("IC2R3').
By 2021, due to a combination of the growing demands of Florida's Coral Reef and the
evolving nature and methodologies of scientific research and restoration, available space
emerged as a significant impediment to optimal operational tempo.
Today, there exists roughly 1,000 sq. ft. of significantly underutilized space on site. Mote
is requesting that the Board of County Commissioners relieve existing restrictions on that
space in order that the Mote's scientific enterprise needs can expand on site to better
serve Monroe County and Florida's Coral Reef.
Problem:
IC2R3 includes 6,850 sq. ft. of educational classrooms, state-of-the-art laboratory space
and 8 institutional residential units'. 2 of the 8 institutional residential units were deed-
restricted affordable pursuant to Monroe County's residential inclusionary housing
1 The property's bundle of rights contains 9 ROGO-exempt units(8 of which physically exist onsite)
2 Units associated with building permits 16102830 and 16100290 recorded in the official records of Monroe County
within document-number 2122464
1421 First Street • P.O. Box 2155 • Key West, FL • 33045-2155
Phone: 305-293-8983 • Fax: 305-293-8748 • Email: Owen@owentrepanier.com
—2— October 14,2021
requirements. At the time, Mote was unaware that MCC Sec. 139-1(e)(3)b could have
allowed an exemption those inclusionary housing requirements.
The primary function of the on-site residential units is to further Mote's mission by
bringing together the best and brightest visiting scientists and students from around the
world and temporarily accommodating them on-site for various amounts of time while
they conduct research and/or enhance existing marine science educational experiences.
The two deed-restricted units have gone unused due to a combination of the following
issues:
1. Visiting scientists and students are not eligible to use the units due to income
verification and residency qualification criteria;
2. The rigorous safety standards and biosecurity measures required on-site prevents
nonscientists from residing in what is otherwise a perpetually working laboratory;
and
3. Due to the perpetual working-nature of the laboratory, the layout of the facility
that purposely does not fully disaggregate residential uses from non-residential
uses, and the same safety standards and biosecurity measures noted above, on-
site employee housing is both unsustainable for unsuitable for Mote and
unendurable for employees.
The effect to Mote, and by extension Monroe County, is that almost 1,000 sq. ft. of
extremely valuable, floor area lays fallow instead of furthering the important work of the
Laboratory and the goals of Monroe County.
Solution:
Mote is proposing to donate the two above-mentioned ROGO-exempt units to Monroe
County. The floor area at Mote will be split, with half used as laboratory space and the
other to be combined with one of the remaining 6 residential units for use by visiting
scientists and students.
Consistency with Code and Comprehensive Plan:
Exemption:
Mote qualifies for the exemption to Inclusionary Housing pursuant to MCC Sec. 139-
1(e)(3)b and 139-1(f)(4)(a)(7) & (8):
Sec. 139-1(e)(3)b:
—3— October 14,2021
1. Strict application of the requirements would produce a result inconsistent with the
Comprehensive Plan or the purpose and intent of this subsection (emphasis
added);
Due to the unique circumstances surrounding Mote's mission and facility,
the strict application of the inclusionary housing ordinance, creates an
inconsistency with fully effective use of facility's resources relative to the
following goal and policies of the Comprehensive Plan:
GOAL 203. The health and integrity of living marine resources and marine
habitat, including mangroves, seagrasses, coral reefs, other hard bottom
communities and fisheries, shall be protected and, where possible, restored
and enhanced.
Policy 203.4.5. Monroe County shall continue to support scientific studies
regarding stresses on seagrass, coral and other hardbottom community
ecosystems in the Florida Keys region.
Policy 203.4.6. Monroe County shall encourage private and non-profit
groups, as well as public agencies, in promoting aquaculture which
augments fisheries, limits stress on fisheries, and/or replaces depleted stock
in the Florida Keys.
2. Due to the nature of the proposed residential development, the development
furthers Comprehensive Plan policies and the purpose and intent of this subsection
through means other than strict compliance with the requirements set forth herein;
Mote's institutional residential use directly supports the agricultural,
educational and scientific work that furthers significant aspects of Goal 203:
Objective 203.2
Policy 203.2.4
Objective 203.3
Policy 203.3.1
Policy 203.3.3
3. The developer or property owner demonstrates an absence of any reasonable
relationship between the impact of the proposed residential development and
requirements of this subsection (e);
As described above, the institutional residential use at Mote is unique in its
characteristics. The housing serves the facilities users. It contains onsite
cooking facilities and internal transportation. It is unlike most any other use
—4— October 14,2021
in Monroe County and does not serve to create or increase the County's
permanent residential housing needs.
139-1(f)(4)(a):
(7)Agricultural Uses shall be exempt from the nonresidential inclusionary housing
requirements
IC2R3 is a certified Florida Department of Agriculture and Consumer
Services Division of Aquaculture aquacultural operation3 per the
requirements of the Florida Aquaculture Policy Act (Chapter 597, Florida
Statutes), specifically for the production of Alcyonacea, Corallimorpha,
Gorgonacea and Scleractinia. As such, IC2R3 is also exempted from new
nonresidential inclusionary housing requirements.
(8)The redevelopment, remodeling, repair or cumulative expansion of a lawfully
established nonresidential use that does not increase the area of the nonresidential
use by more than 1,000 square feet of gross floor area and the use is not changed
to a different use category.
The proposed additional floor area will be less than 1,000 sf.
MOTE Marine Laboratory
Mote's Elizabeth Moore International Center for Coral Reef Research & Restoration
24244 Overseas Highway, Summerland Key, FL 33042
Real Estate Number: 00190890-000000
Size of site: 0.96 acres (42,000 SF)
Future Land Use Zoning District
Mixed Use/Commercial (MC) Suburban Commercial District(SC)
Current Development
Mixed use building/development with:
7,009sf of Institutional use(as-of-right)
6 market rate Institutional residential uses(dormitory use)
[involving less than ten dwelling units or rooms(as-of-right)]
2 deed restricted affordable Institutional residential uses
[involving less than ten dwelling units or rooms(as-of-right)]
9 ROGO exemptions associated with the property. Upon redevelopment of 8 units, 2 units were required to be deed
restricted affordable pursuant to the residential inclusionary housing requirements.
Comprehensive Plan and Land Development Code protects lawfully established residential dwelling unit and the
units are not considered as nonconforming as to the density.
3 Certificate Number: AQ0654019
—5— October 14,2021
Policy 101.5.29: Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully
established unit. Such lawfully-established dwelling unit(s) shall not be considered as nonconforming as to the density
provisions of Policy 101.5.25 and the Monroe County Land Development Code....
Proposal
Mote has six institutional residential units it uses for temporary housing for visiting scientists and students furthering
Mote's aquacultural research and production. Two affordable units also exist onsite but can not be used by Mote
because visiting scientists and students are not eligible due to income verification and residency qualification criteria,
and housing permanent nonscientist-people/personnel conflicts with the rigorous safety standards and biosecurity
requirements of the lab. As a result,the floor area occupied by the two affordable units sits unused.
Mote proposes to donate the two units to the County. The floor area occupied by the 2 units will be split with 459 sf
becoming lab space and the 495 sf becoming part of one of the remaining six units for use by visiting scientists and
students.
The proposal will result in an additional 459 sf of nonresidential floor area pursuant to Policy 101.4.5 for tax-exempt not-
for-profit institutional uses and Sec. 139-1(f)(4)a.7.
Resultant Development
Mixed use building/development with:
7,504 sf of Institutional use(as-of-right)
6 market rate Institutional residential uses(dormitory use)
[involving less than ten dwelling units or rooms as-of-ri ht
Request
Mote is seeking an Exemption/Waiver to the inclusionary housing requirements of Chapter 139 pursuant to Sec. 139-
1(e)(3)b(1) & (3) and Sec. 139-1(f)(4)(a)(7).
Floor Area Size of
Land Use Ratio or Max Allowed Existing Proposed
Density Site
Institutional 0.30 FAR 12,600 SF 7,009 SF 7,504 SF
Institutional Protected 0.96 acres 6 units 6 units
Residential 42,000 Up to
Market-Rate density ( SF) g units (6 inst. res. Market-Rate) (6 inst. res. Market-Rate)
Institutional Protected (ROGO 2 units 0 units
Residential density exemptions) (inclusionary (Exemption/Waiver)
Affordable (inclusionary) requirement