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09/21/2012 Resolution 276-2012lY� - MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 226 - 2012 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, RELATING TO THE STATE OF FLORIDA'S 2012 HURRICANE EVACUATION CLEARANCE TIME WORK GROUP; HURRICANE EVACUATION MODEL; WORK PROGRAM TASKS OF RULE 28- 20.140, F.A.C.; AND THE STATE'S RECOMMENDED ALLOCATION OF RESIDENTIAL BUILDING PERMITS TO MONROE COUNTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature and the Administration Commission have included Monroe County within the designated Florida Keys Area of Critical State Concern (Section 380.05, 380.0552, Florida Statutes), and WHEREAS, the Florida Legislature and the Administration Commission have mandated that Monroe County include within the goals, objectives, and policies of its Comprehensive Plan measures to protect public safety and welfare in the event of a hurricane, by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2., Florida Statutes; Rule 28- 20.140(5)(a)12. and 14., F.A.C.); and WHEREAS, the Monroe County 2010 Comprehensive Plan includes Objective 101.2 which directs Monroe County to reduce the hurricane evacuation clearance times to 24 hours by the year 2010, and Policy 216.1.8 establishing that in the event of a pending major hurricane (category 3 -5) Monroe County shall implement a staged /phased evacuation procedures to achieve and maintain an overall 24 -hour hurricane evacuation clearance time for the resident population, by evacuating: 1) Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non - residents, visitors, RV's, travel trailers, live - aboard, and military personnel from the Keys shall be initiated, 2) Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated, and 3) Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for Monroe County and other local governments within the Florida Keys Areas of Critical State Concern (ACSC) and the Key West Area of Critical State Concern shall be Page 1 of 5 determined by a state - approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology (Rule 28- 20.140(5)(a)11., F.A.C. and Rule 28 -36, F.A.C.); and WHEREAS, the Administration Commission directed the State Department of Economic Opportunity (DEO), by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys and Key West ACSCs or identify alternative evacuation strategies that support the 24 hour evacuation clearance time (Rule 28- 20.140(5)(a)12. andl4., F.A.C.); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group included representation from Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments "); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group (the Work Group) evaluated, provided input, and, and ultimately recommended Scenario M5 from among the scenarios provide by DEO at its June 8, 2012 Work Group meeting; and WHEREAS, Scenario M5 included the 2010 Census site -built units (43,760 units, 27,320 occupied units); a 90% participation rate; the maximum number of residential building permits for new construction for all Local Governments per year for 10 years or 3,540 (annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling units on the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108 -126, as recommended by Monroe County Sheriff's Office. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys, including: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with 1,281 vacant parcels (I1 %), Islamorada with 1,109 vacant parcels (10 %), Key Colony Beach with 92 vacant parcels (0.81%), Key West with 84 vacant parcels (0.74 %), and Layton with 13 vacant parcels (0.11 %); and WHEREAS, the hurricane model for determining clearance time and, ultimately, the State's allocation of County residential building permits, is maintained and run by the DEO and other state agencies; and WHEREAS, DEO has determined, based on its data, input variables, and assumptions as set forth in Part Two of the attached MOU, that the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada staff requested new participation rate studies be conducted, due principally to the low sample sizes primarily for mobile homes relied upon by DEO and DEO anticipates conducting additional Page 2 of 5 human behavioral studies regarding participation rates in the future, prior to any further adjustments to the County's allocation of building permits; and WHEREAS, DEO has determined that mobile home residents live in vulnerable housing and should be encouraged to evacuate before residents of site -built homes, consistent with the adopted staged/phased evacuation comprehensive plan policies; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available; and WHEREAS, the County is directed by Rule 28- 20.140(5)(a) 11, F.A.C. to enter into a memorandum of understanding (MOU) with the DEO and the other local governments in the Florida Keys & Key West ACSC, which MOU stipulates to the input variables and assumptions the DEO has used in the Florida Keys Hurricane Evacuation Model, or other models acceptable to the DEO, to accurately depict evacuation clearance times for the population of the Florida Keys; and WHEREAS, the County wishes to comply with Rule 28- 20.140, F.A.C. and ensure the availability of residential buildings permit allocations, consistent with the County's ability to safely evacuate its visitors and residents, and the intent of the Florida Keys ACSC to "protect the constitutional rights of property owners to own, use, and dispose of their real property" (Section 380.0552(2)(f), Florida Statutes); and WHEREAS, DEO officials have indicated, by letter to Monroe County Mayor David Rice, dated July 30, 2012, that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, still maintaining an evacuation clearance time of 24 hours; and WHEREAS, DEO will report to the Administration Commission on the review and completion of Work Program tasks in Rule 28- 20.140(5)(a)ll. -14., F.A.C., and provide the recommended allocation rates and distribution of allocations; and WHEREAS, the County has the following understandings, based on staff's discussions with DEO officials, and is relying on same, pending Administration Commission approval, in passing this Resolution: (a) that at least 1,970 of the available 3,540 permits will be allocated to the County, for issuance within unincorporated Monroe County, after July 1, 2013, at an annual rate the County deems appropriate and in accordance with its Comprehensive Plan, through June 30, 2023; and (b) that, after July 1, 2013, any permits allocated by the State to the City of Key West, which are not used within a given allocation year or for which the City is not eligible, will be distributed among the other local governments in the Florida Keys ACSC, in accordance with the proportion of vacant lands, in each jurisdiction, as indicated in the final report of the Work Group; and WHEREAS, the Administration Commission has directed DEO, DEM, and the Local Governments in the Keys to enter into an MOU to stipulate to the input variables and Page 3 of 5 assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys (Rule 28- 20.140(5)(a) I I., F.A.C.); and WHEREAS, at least 30 days notice and comment period for interested parties has been provided, as required by Rule 28- 20.140(5)(a) 11, F.A.C; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, as follows: ARTICLE I 1. That the Board of County Commissioners hereby stipulates, pursuant to Rule 28- 20.140(5)(a) 11, F.A.C., that: a. DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ( "TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Florida Keys; and b. DEO has identified, and the 2012 Hurricane Evacuation Clearance Time Work Group has recommended, the data, input variables, and assumptions set forth in Part Two of the attached Memorandum of Understanding for utilizing the TIME Model to depict a 24 -hour evacuation clearance time for the population of the Florida Keys. c. DEO has recommended that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, while still maintaining an evacuation clearance time of 24 hours, and recognizes that Monroe County is anticipated to receive 1,970 allocations for the time period of July 1, 2013 to June 30, 2023. 2. That County staff is hereby directed to coordinate with the state and other Local Governments in the Florida Keys ACSC and the Key West ACSC, in order to establish a formal process facilitating the transfer of allocations from the City of Key West to the other local governments, based on the relative percentage of vacant lands within each Local Government, as assumed in the final report of the Work Group, for any allocations in the prior allocation year(s) which: a. The City of Key West is ineligible to receive for failure to comply with state law regarding mandated comprehensive plan adoptions or updates; or b. Are not allocated by the City during the prior allocation year, through its adopted building permit allocation ordinances. 3. That Monroe County Mayor David Rice is hereby authorized to execute the attached MOU on behalf of the Board of County Commissioners. Page 4 of 5 ARTICLE II SECTION 2.01 Severability GENERAL PROVISIONS If any section, subsection, sentence, clause, or provision of this resolution is held invalid or unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect the validity of the remaining portions, which shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 2.02 Effective Date This resolution shall become effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of the Board held on the 21" day of September, 2012. Co -:r cf � Un o Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes Mayor David Rice Yes Mayor Pro Tem Kim Wigington No Commissioner George Neugent Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes C:) - C U- f-- o ca - w C., -- (SEAL),",�� ATTEST:. DANNY L. KOLHAGE, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor David ce MON E OUNTY ATTORNEY A PR VED AS TO RM Date: Page 5 of 5 08 -02 -12 HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF MONROE, CITY OF KEY WEST, ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON, CITY OF KEY COLONY BEACH, CITY OF MARATHON, AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT This Memorandum of Understanding ( "MOU ") is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO "), the Florida Division of Emergency Management (the "Division "), and Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments ") (all collectively known as the "Parties ") for the purpose of complying with Rules 28 -18, 28 -19, and 28 -20, Florida Administrative Code. RECITALS: WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida Legislature and the Administration Commission have designated as Areas of Critical State Concern (the Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28 -36, hereinafter referred to as the "Keys ACSCs' ; and WHEREAS, the Local Governments have adopted state - mandated Comprehensive Plans and Land Development Regulations, which have been approved by the State, as required by Iaw; and WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of Critical State Concern includes: Keys; (a) Establish a land use management system that protects the natural environment of the Florida (b) Establish a land use management system that conserves and promotes the community character of the Florida Keys; (c) Establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services; (d) Provide affordable housing in close proximity to places of employment in the Florida Keys; (e) Establish a land use management system that promotes and supports a diverse and sound economic base; (f) Protect the constitutional rights of property owners to own, use, and dispose of their real property; 08 -02 -12 (g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land use activities in the Florida Keys; (h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the Florida Keys; (i) Protect and improve the nearshore water quality of the Florida Keys through the construction and operation of wastewater management facilities that meet the requirements of Sections 381.0065(4)(1) and 403.086(10), Florida Statutes, as applicable; and 0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2) Florida Statutes); and WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to hurricanes; and WHEREAS, the Florida Legislature and the Administration Commission have mandated that the Local Governments (except the City of Key West) include within the goals, objectives, and policies of their respective Comprehensive Plans measures to protect public safety and welfare in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2. Florida Statutes, Rule 28- 18.400(5)(a)10., F.A.C., Rule 28- 19.310(5)(a)5., F.A.C., and Rule 28- 20.140(5)(a)14., F.A.C.); and WHEREAS, Florida Administrative Code Rule 28- 36.003(2)(a)7. requires that the City of Key West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for the Florida Keys ACSC shall be determined by a state- approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology; and WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral Surveys Volumes 2 -11, and was funded by the state Legislature and the Federal Emergency Management Agency ( "FEMA "), provided the State's principal source of professionally acceptable data and analysis, augmented by other sources of data and analysis as referenced herein, for determining input variables and assumptions depicting evacuation clearance times for the population of the Florida Keys; and WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and WHEREAS, the Administration Commission has directed DEO, the Division, and the Local Governments to enter into this MOU to stipulate to the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models 08 -02 -12 acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys ACSC; and WHEREAS, DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ( "TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS, the Local Governments of the Florida Keys, except the City of Key Colony Beach, have regulated the rate and distribution of growth by implementing permit allocation systems to address hurricane evacuation clearance times; and WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with 1,281 vacant parcels (11 %), Islamorada with 1,109 vacant parcels (10 %), Key Colony Beach with 92 vacant parcels (0.81 1 /6), Key West with 84 vacant parcels (0.74 0 /o), and Layton with 13 vacant parcels (0.11 %); and WHEREAS , DEO and the Local Governments recognize the need to balance limiting the maximum number of building permits for new construction of residential units to be issued annually in the Florida Keys with fairness and consideration of private property rights; and WHEREAS, to address hurricane evacuation modeling for the Florida Keys ACSCs, DEO established a Hurricane Evacuation Clearance Time Work Group ( "Work Group ") consisting of elected officials from each Local Government and representatives from DEO and DEM; in addition DEO invited representatives of special interests in the Florida Keys to participate, including the Florida Keys Federation of Chambers of Commerce, the Florida Restaurant and Lodging Association, the Lodging Association of the Florida Keys and Key West, the Monroe County Sheriffs Office, Naval Air Station - Key West, the environmental community, and a citizen's advocacy group; and further DEO requested technical advisors from DEO, the Division, and the Local Governments as well as the Northeast Florida Regional Planning Council, the South Florida Regional Planning Council, Monroe County Emergency Management, the National Weather Service, the National Hurricane Center, and the Florida Department of Transportation to participate in meeting discussion; and WHEREAS, four advertised public workshops were conducted in the Florida Keys where the Work Group reviewed studies and data from DEO and other agencies related to the occupancy, participation, human behavior, response curves, capacity of the evacuation route, and the number of automobiles that will likely be evacuated, and other factors; and WHEREAS, the Work Group evaluated information, provided input, and ultimately recommended Scenario M5; and WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group meeting, Scenario M5 included the 2010 Census site -built units (43,760 units); the maximum number of residential building permits for new construction for all Local Governments per year for 10 years (annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling units on 3 08 -02 -12 the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108 -126. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys; and WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach and to that end, having participated as members of the Work Group, acknowledge that the input variables and assumptions identified in this MOU are those which DEO finds accurately depict evacuation clearance times for the population of the Florida Keys for a Category 3 -5 hurricane event, as required by Administrative Rule; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new participation rate studies be conducted, due principally to the low sample rates primarily for mobile homes relied upon by DEO; and, WHEREAS, the Work Group accepted the participation rates recommended by DEO, including those for mobile homes, and DEO agreed to seek funding to provide education to mobile home occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available. NOW THEREFORE, the parties set forth the following understandings: PART ONE: RECITALS The above recitals are incorporated into this MOU and made a part hereof. PART TWO: DATA, INPUT VARIABLES AND ASSUMPTIONS The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010 Census as supplemented by the 2006 -2010 American Community Survey, Smith Travel Research, and data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants, and Statewide Regional Evacuation Study Program for the South Florida Region are the best available and most relevant data and analysis. The following input variables and assumptions provide the basis, when used in the TIME model, to accurately calculate evacuation clearance times for the population of the Florida Keys, and DEO will recommend same to the Administration Commission to determine the remaining development allocations for the Florida Keys: 08 -02 -12 A. Number and Occupancy of Units by type of Unit: Tourist Units: 13,665 tourist units with 11,287 occupied units for the month of July (the month with highest average number of permanent and seasonal residents and tourists). The data source for the number and type of units and vehicular use is the Statewide Regional Evacuation Study Program for the South Florida Region and the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Licensee File Database, District 1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated herein as Exhibit 1. 2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source for the number and type of units, the vehicular use and occupancy of the units is the 2010 Census supplemented by the 2006 -2010 American Community Survey for Monroe County and the Statewide Regional Evacuation Study Program for the South Florida Region. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site -Built and Mobile Homes, is attached and incorporated herein as Exhibit 2. 3. Site -Built Units: 43,718 Site -built units with 27,320 occupied units. The data source for the number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 2006- 2010 American Community Survey and the Statewide Regional Evacuation Study Program for the South Florida Region. See Exhibit 2. B. Response Curve: The assumed Response Curve for model runs is 12 hours for all unit types as utilized in the 2010 Statewide Regional Evacuation Study Program for the South Florida Region. C. Participation Rates: The assumed Participation Rates are: 1. Tourist units: 100% 2. Mobile home units: 100% 3. Site -built units: 90% for a Category 5 event The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional Behavioral Analysis Volumes 2 -11, prepared for the South Florida Region, which DEO has determined reflect the best available data at this time. D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide Regional Evacuation Study and are attached and incorporated herein. E. Vehicle Usage by the Special Population: Exhibit 5 represents the number of vehicles that will be contributed by Naval Air Station — Key West and the Florida Keys Community College and is 08 -02 -12 based upon correspondence from Naval Air Station — Key West and the assumption that each of the 100 dorm beds from the Florida Keys Community College will contribute one evacuating vehicle per bed. F. Evacuation Stream. The evacuation stream from Monroe County is the only assumed traffic demand considered. G. Roadway Capacity. The Roadway Capacity, dated July 18, 2010, established by the Florida Department of Transportation is attached and incorporated herein as Exhibit 6. H. Evacuation Procedures. The following evacuation procedures have been adopted or substantially adopted by the Local Governments (except the City of Key West) into their comprehensive plans, and by the City of Key West in Resolution No. 06 -244: 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles (RV's), travel trailers, live- aboards (transient and non- transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non - residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a) Zone 1 —Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1 -6) b) Zone 2 —Boca Chica Bridge to West end of 7 -mile Bridge (MM 6 -40) c) Zone 3 —West end of 7 -Mile Bridge to West end of Long Key Bridge (MM 40 -63) d) Zone 4 —West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63- 106.5) e) Zone 5 —905A to, and including Ocean Reef (MM 106.5- 126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases, decreases and or shifts in population; particularly the resident and non- resident populations. PART THREE: MISCELLANEOUS A. Liability. As this MOU represents only the Parties' acknowledgement of the data, input variables, and assumptions DEO has utilized in its hurricane evacuation model, nothing in this MOU shall be construed to impose any liability on the State of Florida, DEO, the Division, or the Local Governments. Nothing in this MOU may be interpreted as a waiver of sovereign immunity by any 6 08 -02 -12 Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall be considered null and void. B. Modification. Modifications to the Memorandum of Understanding shall be valid only when reduced to writing and duly signed by all parties. C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement between the Parties. D. Termination. Any Party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect upon receipt of written notification by a Party to all other Parties. E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail, return receipt requested, or an express mail service that provides proof of delivery. Notification by a Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of Economic Opportunity, 107 East Madison Street, Tallahassee, FL 32399 -4128. Notification to the other parties to this Memorandum of Understanding shall be directed as follows: 1. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a copy to the Growth Management Division Director, 2798 Overseas Hwy. Marathon, FL 33050. 2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a copy to the Planning Director, 3126 Flagler Avenue Key West, FL 33040. 3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050, with a copy to the Planning Director, 9805 Overseas Highway Marathon, FL 33050. 4. City of Layton. Mayor, City of Layton, 68260 Overseas Highway, P.O. Box 778 Long Key, FL 33001. City of Key Colony Beach. Mayor, City of Key Colony Beach, P.O. Box 510141, Key Colony Beach, FL 33051 -0141 with a copy to the City Clerk at P.O. Box 510141, Key Colony Beach, FL 33051 -0141. 6. Islamorada, Village of Islands. Mayor, Islamorada, Village of Islands, 86800 Overseas Highway Islamorada, FL 33036, with a copy to the Director of Planning and Development Services, 86800 Overseas Highway Islamorada, FL 33036. 7. Division of Emergency Management. Director, Florida Division of Emergency Management, 2555 Shumard Oaks Boulevard, Tallahassee, FL 32399 -2100, with a copy to the Division's Hurricane Program Manager at the same address. F. Effective Date. This Memorandum of Understanding is effective upon execution by all parties and approval by the Florida Administration Commission and ends upon the termination of the Florida 7 08 -02 -12 Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D) above. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the dates below written. CITY OF KEY WEST, FLORIDA 8 Shawn Smith, City Attorney 08 -02 -12 2012 Dam ATTESTS' Clerk Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA David Rice, Mayo 9 08 -02 -12 11 2 O /Z, 2012 Date K M1119 City Clerk Approved as to John R. 6 CITY OF MARATHON, FLORIDA Peter Worthington, Mayor I0 08 -02 -12 2012 Date CITY OF LAYTON, FLORIDA Norman S. Anderson, Mayor ATTEST: Mimi Young, City Cle Approved as to form and legal sufficiency: y ity Attorney 11 4&42 -12 $/ a? , 2012 Date ATTEST: City leA Approved as to form and legal sufficiency: Thomas D. Wright, City Attorney CITY OF KEY COLONY BEACH, FLORIDA Ron Sutton, Mayor 12 08 -02 -12 ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA jSc2a4cmhGrc, Zl } " , 2012 Date ATTEST: Michael Reckwerdt, Mayor Village Cle Approved as to form and legal sufficiency: Nina Boniske, Village Attorney 13 08 -02 -12 SIX .. 1 � - I& �� �. Approved as to form and legal sufficiency: Assistant General Counsel STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Bry . Koon, Director 14 08 -02 -I2 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity 1 � By: . A Assi ener ounsel Approved Date: STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY �96mas Beck, AICPr Director, Division of Community Development 15 08 -02 -12 Exhibits to Hurricane Evacuation Clearance Time Memorandum of Understanding Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site -Built and Mobile Homes Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010 Statewide Regional Evacuation Study) Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional Evacuation Study) Exhibit 5 Identification of contributing vehicles from Naval Air Station —Key West and Florida Keys Community College. 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N m m N m m N m N o N W N m a m N tO V n V) 00 n ti o N- N co H H N w N V) ' N v OO m N W rl W N oo tD I tD Q N N N N N 1 C '0 N Ol O) N 01 Ol d d OJ I I 3 3 3 3 3 3 3 3 3 u a v a v a v v a v .` Y Y Y Y ]e Y Y Y Y 1 c , 1 a 'p - 3 - 3 - 3 - 3 - 3 - 3 \\\ 3 3 3 c c c c - a d O in in .. in O o 0 0 0 0 O V O O O O O O O O O O O o o o 0 L L L L O O O O O O 3 3 3 3 3 3 3 3 3 C C C C C C C C 2 A � E E E E E E m J m J m J m J m J m J m J m J m J m J m J m� J H > > > > > >> >> O O O O O O O O O m m m m m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y O 00 01 O N N M a VI tD P 00 O\ O N N M a N t0 P 00 O O N N M� M LO 1� a0 Of O N N M O N � a, p W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I jp � N N H N rl N N v-1 N rl N N e� N ei N N N eel N N N rl N N ei N N N N ei N N eel ei N N N N N ' O H c �OD K O LL 0 v C O w A 2 d CC Exhibit 2 Table of Traffic Evacuation Zone (TEZ) Occupancy Data: Site -Built and Mobile Home Units TEZ Sub- County Location Site -Built Mobile Home Total Occupancy Rate Occupied Total Total Occupancy Rate Occupied Total 1208 Key West 2,196 67.85% 1,490 1 100.00% 1 1209 Key West 2,252 65.32% 1,471 69 100.00% 69 1210 Key West 1,387 87.89% 1,219 8 100.00% 8 1211 Key West 2,779 77.69% 2,1591 42 100.00% 42 1212 Key West 514 92.61% 476 0 0.00% 0 1213 Key West 1,069 87.65% 937 365 96.44% 352 1214 Key West 289 85.35% 247 10 100.00% 10 1215 Key West 1,586 77.96% 1,236 15 100.00% 15 1216 Key West 699 78.40% 548 10 100.00% 10 1217 Key West 610 81.97% 500 576 89.06% 513 1218 Key West 106 84.91% 90 304 79.28% 241 1219 Key West 448 86.61% 388 0 0.00% 0 1220 Lower Keys 1,041 86.36% 899 517 56.87% 294 1221 Lower Keys 1,112 71.22% 792 50 100.00% 50 1222 Lower Keys 1,521 55.03% 837 472 40.25% 190 1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181 1224 Lower Keys 1,174 59.20% 695 343 62.97% 216 1225 Lower Keys 464 63.79% 296 20 100.00% 20 1226 Middle Keys 747 56.09% 419 458 77.95% 357 1227 Middle Keys 1,613 58.15% 938 204 69.12% 141 1228 Middle Keys 3,854 49.35% 1,902 298 45.64% 136 1229 Middle Keys 1,093 37.60% 411 192 44.79% 86 1230 Middle Keys 258 62.79% 162 422 9.01% 38 1231 Middle Keys 1,155 34.37% 397 9 66.67% 6 1232 Upper Keys 525 57.52% 302 123 33.33% 41 1233 Upper Keys 273 57.88% 158 64 34.38% 22 1234 Upper Keys 885 49.83% 441 122 53.28% 65 1235 Upper Keys 2,299 57.16% 1,314 79 37.98% 30 1236 Upper Keys 619 53.96% 334 162 54.94% 89 1237 Upper Keys 933 52.52% 490 366 45.63% 167 1238 Upper Keys 377 75.86% 286 177 20.90% 37 1239 Upper Keys 1,509 55.53% 838 105 2.86% 3 1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 1241 Upper Keys 1,009 79.58% 803 293 49.15% 144 1242 Upper Keys 487 63.24% 308 809 48.21% 390 1243 Upper Keys 1,114 52.96% 590 649 63.64% 413 1244 Upper Keys 605 32.23% 195 10 50.00% 5 1245 Upper Keys 1,071 34.08% 365 32 46.88% 15 1246 Mainland Monroe 4 50.00% 2 11 45.46% 5 Mainland _ 12_47_ _ _Mo r oe_ Totals _ _ _17 43,718 _ _7 9_% _ _ 1 2 27,320 _ _ _0 8,134 _ _ _0_.0_0% _ 0 4,576 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County Exhibit 3 Table of Traffic Evacuation Zone (TEZ) Vehicle Per Unit Data: Site - Built, Mobile Home and Tourist Units TEZ Sub- County Location Site -Built Mobile Home Tourist (based on July Occupancy) Occupied Units Vehicle per Unit Total Vehicles Occupied Units Vehicle per Unit Total Vehicles i'Octupied " Units Vehicle Un Total Vehicles 1208 Key West 1,490 1.08859 1,622 1 1.00000 1 1,804 1.1 1,984 1209 Key West 1,471 0.99544 1,464 69 0.85507 59 1,535 1.1 1,689 1210 Key West 1,219 1.36423 1,663 8 1.37500 11 147 1.1 162 1211 Key West 2,159 1.41147 3,048 42 1.45238 611 1,035 1.1 1,139 1212 Key West 476 1.22899 585 0 0.00000 0 190 1.1 209 1213 Key West 937 1.31910 1,236 352 1.36080 479 0 1.1 0 1214 Key West 247 1.45398 359 10 1.50000 15 28 1.1 31 1215 Key West 1,236 1.29993 1,607 15 1.26667 19 208 1.1 229 1216 Key West 548 1.31934 723 10 1.30000 13 898 1.1 988 1217 Key West 500 1.40800 704 513 1.40156 719 1 1.1 1 1218 Key West 90 1.64444 148 241 1.63900 395 19 1.1 21 1219 Key West 388 0.00000 0 0 0.00000 0 1 1.1 1 1220 Lower Keys 899 1.22914 1,105 294 0.62925 185 1 1.1 1 1221 Lower Keys 792 1.92045 1,521 50 1.92000 96 103 1.1 113 1222 Lower Keys 837 1.24134 1,039 190 1.60000 304 80 1.1 88 1223 Lower Keys 1,659 1.41772 2,352 181 1.70166 308 62 1.1 68 1224 Lower Keys 695 1.01727 707 216 1.71759 3711 165 1.1 182 1225 Lower Keys 296 1.75000 518 20 1.70000 34 5 1.1 6 1226 Middle Keys 419 0.94033 394 357 1.03081 368 392 1.1 431 1227 Middle Keys 938 1.51386 1,420 141 1.39716 197 151 1.1 166 1228 Middle Keys 1,902 1.71451 3,261 136 1.75735 239 1,154 1.1 1,269 1229 Middle Keys 411 1.52555 627 86 1.58140 136 455 1.1 501 1230 Middle Keys 162 1.71605 278 38 1.710531 65 59 1.1 65 1231 Middle Keys 397 1.62972 647 6 1.66667 10 117 1.1 129 1232 Upper Keys 302 1.89073 571 41 1.90244 78 136 1.1 150 1233 Upper Keys 158 1.88608 298 22 1.86364 41 780 1.1 858 1234 Upper Keys 441 0.00000 0 65 0.00000 0 72 1.1 79 1235 Upper Keys 1,314 1.86758 2,454 30 1.76667 53 70 1.1 77 1236 Upper Keys 334 1.79042 598 89 1.78652 159 16 1.1 18 1237 Upper Keys 490 1.322451 648 167 0.93413 156 131 1.1 144 1238 Upper Keys 286 1.60140 458 37 1.56757 58 40 1.1 44 1239 Upper Keys 838 1.95346 1,637 3 2.00000 6 165 1.1 182 1240 Upper Keys 714 1.88936 1,349 174 1.40230 244 654 1.1 719 1241 Upper Keys 803 1.81071 1,454 144 1.83333 264 180 1.1 198 1242 Upper Keys 308 1.42532 439 390 1.40513 548 1 1.1 1 1243 Upper Keys 590 2.12881 1,256 413 1.93220 798 145 1.1 160 1244 Upper Keys 195 0.46154 90 5 1.60000 8 221 1.1 243 1245 Upper Keys 365 0.81096 296 15 1.86667 28 66 1.1 73 1246 Mainland Monroe 2 1.50000 3 5 1.40000 7 0 1.1 0 Mainland _ 12_47 Mo r o_e_ Totals _ _ _12 27,320 _ 0. 0_ 00 0_0 _ _ 0 38,579 _ _ 0 4,576 0 _ _ _0 6,533 _ _0 11,287 _ _ _ 1. 1 _ _ _ 0 12,416 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region Exhibit 4 Table of Traff ic Evacuation Zone (TEZ) Vehicle Use Rate Data: Site - Built, Mobile Home and Tourist Units TEZ Sub- County Location Site -Built Mobile Home Tourist ( based on July Occupancy) Total Vehicles Vehicle Use Rate Available Vehicles Total Vehicles Vehicle Use Rate Available Vehicles Jot f "60e' s Vehicle Use '``Rate Available Vehicles 1208 Key West 1,622 90% 1,460 1 90% 1 1,984 100%1 1984 1209 Key West 1,464 90% 1,318 59 90% 53 1,689 100% 1,689 12 101 Key West 1,663 90% 1,497 11 90%1 10 162 100% 162 1211 Key West 3,048 90% 2,743 61 90% 55 1,139 100% 1,139 1212 Key West 585 90% 526 0 90% 0 209 100% 209 1213 Key West 1,236 90% 1,112 479 90% 431 0 100% 0 1214 Key West 359 90% 323 15 90% 14 31 100%1 31 1215 Key West 1,607 90% 1,447 19 90% 17 229 100% 229 1216 Key West 723 90% 651 13 90%1 12 988 100% 988 1217 Key West 704 90% 634 719 90% 647 1 100% 1 1218 Key West 148 90% 133 395 90% 356 21 100% 21 1219 Key West 0 90% 0 0 90% 0 1 100% 1 1220 Lower Keys 1,105 75% 829 185 75% 139 1 100%1 1 1221 Lower Keys 1,521 75% 1,141 96 75% 72 113 100% 113 1222 Lower Keys 1,039 75% 779 304 75% 228 88 100% 88 1223 Lower Keys 2,352 75% 1,764 308 75% 231 68 100% 68 1224 Lower Keys 707 75% 530 371 75% 278 182 100% 182 1225 Lower Keys 518 75% 388 34 75% 26 6 100% 6 1226 Middle Keys 394 80% 315 368 80% 294 431 100% 431 1227 Middle Keys 1,420 80% 1,136 197 80% 158 166 100% 166 1228 Middle Keys 3,261 80% 2,609 239 80% 191 1,269 100% 1,269 1229 Middle Keys 627 80% 502 136 80% 109 501 100% 501 1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 1231 Middle Keys 647 80% 518 10 80% 8 129 100% 129 1232 Upper Keys 571 85% 485 78 85%1 66 150 100% 150 1233 Upper Keys 298 85% 253 41 85% 35 858 100% 858 1234 Upper Keys 0 85% 0 0 85% 0 79 100% 79 1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77 1236J Upper Keys 598 85% 508 159 85% 135 18 100% 18 1237 Upper Keys 648 85% 551 156 85% 133 144 100% 144 1238 Upper Keys 458 85% 389 58 85%1 49 44 100%1 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85% 1,147 244 85% 207 719 100% 719 1241 Upper Keys 1,454 85% 1,236 264 85% 224 198 100% 198 1242 Upper Keys 439 85% 373 548 85% 466 1 100% 1 1243 Upper Keys 1,256 85% 1,068 798 85% 678 160 100% 160 1244 Upper Keys 90 85% 76 8 85% 7 243 100%1 243 1245 Upper Keys 296 85% 252 28 85% 24 73 100% 73 12461 Mainland Monroe 3 75% 2 7 80% 6 0 100% 0 Mainland 1 _247 Mo Totals _ _ _0 38,579 75 _ _ 0 32,394 _ _ 0 6,533 _ _8 _ _ _ _0 5,461 _ _ _0 12,416 _ _ _ _10_0% X 12,416 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region Exhibit 5 Table of Traffic Evacuation Zone (TEZ) Data: Special Population Sub - County Special Population Number of TEZ Originating Location Location Type Beds /Vehicles Used Florida Keys Community University 1216 Key West Population College - Blue Lagoon 100 vehicles Residence Hall NAS Key West PAS Key West - Boca 1220 Lower Keys 2,338 vehicles Personnel Chica Source data: Naval Air Station (NAS) Key West; Florida Keys Community College Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1(Overseas Highway) and CR 905 /Card Sound Road in the Florida Keys, Monroe County, Florida Milemarkers Functional Maximum Sustainable From To Area Location/Description Flow Rate per Functional Evacuation Lane Lane Lower Key West to Stock 2 4 2 900 Keys Island Lower Stock Island To Big 4 9 2 900 Keys Coppitt Key Lower Big Coppitt to 9 17 1 1,100 Keys Sugarloaf Key Lower Sugarloaf to Cudjoe 17 22 1 1,100 Keys Key Lower Cudjoe Key to 22 24 Summerland Key Cove 1 1,100 Keys Airnort Lower Summerland Key Cove Keys 24 25 Airport to Summerland 1 1,100 Ke Lower 25 30 Summerland Key to 1 1,100 Keys Bia Pine Ke Lower Big Pine Key to West Keys 30 34 Summerland Keys 1 1,050 Lower West Summerland Keys 34 35.2 Keys to Spanish 1 1,100 Harbor Keys Lower Spanish Harbor Keys Keys 35.2 36.5 to Bahia Honda Bridge 2 1,100 Lower Bahia Honda Bridge to 36.5 37.5 1 1,100 Keys Bahia Honda Key Middle Bahia Honda Key to 37.5 47 1 1,200 Middle 47 48 Hog Key to Boot Key 1 1,100 Keys Middle 48 50.2 Boot Key to Marathon 2 900 Keys Middle Marathon to Marathon 50.2 58 2 900 Y Middle Marathon Shores to 50.8 54 2 900 Keys Key Colony Beach Middle Key each to 54 54.5 2 900 Y Deer Key Middle Deer Key to Grassy Keys 54.5 58 Key 1 1,100 Grassy Key to Upper Keys 58 74 1 1,100 Matecumbe Harbor Matecumbe Harbor to Upper Keys 74 80 1 1,100 Teatable Ke Teatable Key to Upper Keys 80 83.5 1 1,100 Islamorada Islamorada Windley Upper Keys 83.5 85.6 1 1,100 Key Wmdley Key to Upper Keys 85.6 90 Plantation Key 1 1,100 Upper Keys 90 100 Tavernier Key to 2 900 Newport Key Newport Key to Upper Keys 100 105 2 900 Sexton Cove Sexton Cove to Upper Keys 105 106.3 2 900 Rattlesnake Key Upper Keys 1063 126.5 Rattlesnake Key to 1 1,200 Card Sound Road Upper Keys 126.5 FHEFTTCard Sound Road to 1 900 HEFT Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1(Overseas Highway) and CR 905 /Card Sound Road in the Florida Keys, Monroe County, Florida Milemarkers Functional Maximum Sustainable From To Area Location/Description Flow Rate per Functional Evacuation Lane Lane Int CR Lake Surprise to Upper Keys 106.3 905 /CR Crocodile Lake 1 1,100 Ocean Int CR Tanglefish Key to Upper Keys 905 /CR 1 1,100 Reef 905A Crocodile Lake Int CR Crocodile Lake to Upper Keys 905 /CR USI 1 1,100 South Miami Dade 905A Source data: Florida Department of Transportation: Letter to Department of Community Affairs on June 18, 2010 - Tables 2A and 28; Statewide Regional Evacuation Study for the South Florida Region