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Item L1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2105 Department: Planning & Environmental Resources Bulk Item: Yes No X Staff Contact /Phone #: Christine Hurley 289-2517 Mayte Santamaria 289-2562 AGENDA ITEM WORDING: Initial public input and discussion in regards to the proposed Florida Department of Economic Opportunity (DEO) "Vacant Lot Retirement and Hotel Unit Allocation Rule." ITEM BACKGROUND: The 2014 ACSC Annual Report (attached) demonstrates the progress the County and cities have made meeting the Rule Work Program requirements. The report also discusses the hurricane evacuation time limit and the fact that the number of allocations awarded County -wide through the year 2023 are not enough to provide building permits for all vacant parcels in the Florida Keys. The report demonstrates almost 8,000 parcels will remain Keys -wide with 6,198 remaining in unincorporated Monroe County. The DEO recognizes this is a challenge in the annual report. DEO encourages each jurisdiction to work with the Department of Environmental Protection through the Florida Forever program for land acquisition. The DEO requested and the Administrative Commission authorized rulemaking for the DEO proposed "Vacant Lot Retirement and Hotel Unit Allocation Rule." This proposed rule is discussed beginning on page 16 of the attached 2014 Florida Keys Annual Report. In general, this rule provides: • 300 hotel units (this does not increase evacuation time in the model) be granted to up to 3 Keys communities who: o Establish a hotel Unit Allocation Program that requires: ■ an application for the units; ■ award; ■ tracking/record keeping for distribution to developers; ■ development of affordable housing units or a fee in lieu of contribution for affordable housing in exchange for the hotel units; and • the extinguishment of residential development rights in Marathon, Islamorada, or unincorporated Monroe County at a 3:1 ratio — meaning for every hotel unit awarded, development rights are extinguished on 3 private buildable platted lots that are either: • Tier I or II; or • Targeted for acquisition by the Florida Department of Environmental Protection (DEP); or • Scored between 4-5 under the Florida Keys Wetland Identification Program (KWEP) • an approval of a conditional use for the development (with a condition that the extinguished residential development rights be completed within 2 years of approval of the conditional use); ■ no building permit for hotel units be issued prior to residential development rights being extinguished ■ the local government rezone the lots with extinguished development rights as "Conservation" ■ reporting to DEO annually by July 30 of each year The DEO will begin rulemaking over the next year and they will be holding public input workshops. In order for the Commission to develop their policy direction related to the proposed DEO rule, public input is needed so the BOCC may develop their policy direction prior to the rulemaking effort by DEO. Assuming this Rule is adopted and goes into effect, it is important to note that the County currently prohibits new transient residential units (hotel/motel units) and if the BOCC wishes to participate in the "Vacant Lot Retirement and Hotel Unit Allocation Program" the County would need to amend the Comprehensive Plan. See existing policy below in double underline. Objective 101.2 Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 2010. Policy 101.2.1 Monroe County shall establish a Permit Allocation System for new residential development. The Permit Allocation System shall limit the number of permits issued for new residential development. THIS POLICY IS SUPERSEDED BY POLICY 101.2.13 FOR AN INTERIM PERIOD OF TIME. Policy 101.2.2 Applicants shall be required to obtain letters of coordination confirming the availability of potable water and electricity, and applicable permits from HRS prior to submitting a building permit application for new residential development to the Monroe County Growth Management Division through the Permit Allocation System. Applicants shall be required to obtain all other applicable agency permits prior to the issuance of a County permit. Policy 101.2.3 The Permit Allocation System for new residential (ROGO) development shall specify procedures for: 1. annual adjustment of the number of permits for new residential units to be issued during the next year based upon, but not limited to the following: a. expired allocations and building permits in previous year; b. allocations available, but not allocated in previous year; c. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and f. receipt or transfer of affordable housing allocations by intergovernmental agreement. 2. allocation of affordable and market rate housing units in accordance with Policy 101.2.4; and 3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new residential development during the calendar year. Policy 101.2.4 Monroe County shall allocate at least 20 percent of residential (non -transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.7, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.5.4. The parcel proposed for affordable housing shall not be located within an area designated as Tier I Policy 101.2.5 Monroe County recognizes the discrepancy of units between the County's proposed allocation to the Cities and the Cities' vested development assumptions. By January 4, 1997, the County shall initiate an interlocal agreement with the Cities to resolve the discrepancy within three (3) years. Policy 101.2.E Monroe County shall prohibit new transient residential units including hotel or motel rooms campground spaces. or spaces for parking a recreational vehicle or travel trailer until AAW 1. 2022. (Ordinance 005-20141 PREVIOUS RELEVANT BOCC ACTION: On May 215t, 2014 the BOCC passed and adopted Ordinance 005-2014 amending Policy 101.2.6 extending the moratorium on transient unit allocations until May 1, 2022. On October 21, 2015 the BOCC discussed the 2014 Florida Keys Areas of Critical State Concern (ACSC) Annual Report by the DEO including the proposed "Vacant Lot Retirement and Hotel Unit Allocation Rule" and directed staff to begin a county outreach program to gather public input and develop a county commission policy direction. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: None at this time — public input only TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Attorney 0, DOCUMENTATION: Included x SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required DISPOSITION: _ AGENDA ITEM # Annual Report Table of Contents Letter to the Governor and Administration Commission Members .................................... Tab 1 2014 Florida Keys Annual Progress Report Summary............................................................ Tab 2 AnnualReport......................................................................................................................................Tab 3 Purpose..................................................................................................................................... Page 3 Status of Work Program Task Achievement..................................................................... Page 4 Status of Local Governments without Work Program Tasks ........................................ Page 11 Recommendations................................................................................................................. Page 21 2014 30-Day Report Matrices.......................................................................................... Tab 4 Contents of Technical Appendix.................................................................................... Tab 5 Hurricane Evacuation Memorandum of Understanding TAB 1 DE � GOVERNOR FLORIDADEPARTMENTsf ECONOMIC OPPORTUNrTY The Honorable Rick Scott Governor The Capitol Tallahassee, Florida 32399-0001 The Honorable Adam Putnam Commissioner of Agriculture The Capitol Tallahassee, Florida 32399-0810 September 21, 2015 Jesse Panuccio EXECUTIVE DIRECTOR The Honorable Pam Bondi Attorney General The Capitol Tallahassee, Florida 32399-1050 The Honorable Jeff Atwater Chief Financial Officer The Capitol Tallahassee, Florida 32399-0300 Re: 2014 Florida Keys Area of Critical State Concern Annual Report Dear Governor and Members of the Administration Commission: Pursuant to Section 380.0552(4)(b), Florida Statutes (F.S.), the Florida Department of Economic Opportunity (Department) is pleased to transmit its 2014 Florida Keys Area of Critical State Concern Annual Report. Section 380.0552(4)(b), F.S., requires the preparation of a report that describes the progress of the Florida Keys Area of Critical State Concern toward completing the tasks of the Work Program. The Administration Commission issued a report on March 7, 2013, to Monroe County, the City of Marathon, and the Village of Islamorada outlining the strategies necessary for completion of Work Program tasks. The report was issued in the form of a table detailing the strategies and the tasks with the relevant target dates for completion. The Department's report includes information submitted by Monroe County, the City of Marathon, the Village of Islamorada, the Key Largo Wastewater Treatment District, the Florida Department of Health, and the Florida Department of Environmental Protection. Based upon this input, the Department's own review, and coordination with the local governments on the chief findings, the attached report is provided for your consideration. The Department has evaluated the information provided by the local governments and state agencies against the Administration Commission Report and the Work Program requirements. ana-a--*—,ep—affm--ent OT Lconornic opportunity CaIc1weTr&ukfirfg-'-117 E. Madison Street I Tallahassee, FL 3239� telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. The Department recommends that the Monroe County, the City of Marathon, and the Village of Islamorada have made substantial progress towards accomplishing the strategies of the Administration Commission Report. In accordance with its statutory charge found in Section 380.0552(4)(c), F.S., the Department recommends the following actions: (1) Accept the 2014 Annual Report for Monroe County, the City of Marathon, and the Village of Islamorada; (2) Continue the Florida Keys Area of Critical State Concern designation in order to complete the Work Programs requirements; (3) Accept the Department's recommendation that substantial progress toward accomplishing the strategies of the Work Program have been achieved for Monroe County, the City of Marathon, and the Village of Islamorada; (4) In order to comply with the 2012 directive from the Administration Commission, the Department asks that the Administration Commission consider the following two options: a) Continue to work with the City of Key Colony Beach regarding issuance of development orders. b) Initiate rulemaking to amend the Key Colony Beach's Comprehensive Plan to establish a building permit allocation system for City in accordance with the Administration Commission directive; or (5) Accept the Department's recommendation to initiate rulemaking for a Vacant Lot Retirement and Hotel Unit Allocation Rule that would allow the creation of transient units. The Department appreciates the efforts of the local governments and looks forward to continuing our cooperative relationship with the Florida Keys communities and working with all parties to fully achieve the goals of the Work Program. Sincerely, Jesse Panuccio JP/rj Enclosures: Department of Economic Opportunity 2014 Florida Keys Annual Report cc: The Honorable Danny Kolhage, Mayor, Monroe County The Honorable Chris Bull, Mayor, City of Marathon The Honorable Mike Forster, Mayor, Islamorada, Village of Islands The Honorable Craig Cates, Mayor, City of Key West The Honorable Jerry Ellis, Mayor, City of Key Colony Beach The Honorable Norman Anderson, Mayor, City of Layton TAB 2 Florida Keys Area of Critical State Concern Annual Report Summary for the Period July 1, 2013 - June 30, 2014 The Florida Keys Area of Critical State Concern designation includes the municipalities of Islamorada, Marathon, Layton and Key Colony Beach, and unincorporated Monroe County. The City of Key West was given its own Area of Critical State Concern designation. The Area of Critical State Concern Program (ACSC) authorized by Section 380.05, Florida Statutes (F.S.), allows the Governor and Florida Cabinet, sitting as the Administration Commission, to designate certain areas within Florida that contain resources of statewide significance as an Area of Critical State Concern. Administration Commission oversight includes authority to promulgate administrative rules containing Work Programs that guide local government growth and development decisions and amendments to comprehensive plans and land development regulations. This report summarizes the status of the current Work Programs for Islamorada, Marathon and Monroe County. The cities of Layton, Key West and Key Colony Beach do not have Work Programs. All three cities contain few environmentally sensitive lots and all three cities have central wastewater management facilities. Work Program tasks are measurable actions with due dates intended to improve water quality and habitat protection, and ensure safe evacuation of the population from the Florida Keys in the event of a disaster. Florida KeV-s (Source: E`RI) Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Section 380.0552(4), F.S., directs the ACSC Program of the State Land Planning Agency (Department of Economic Opportunity) to submit a report to the Administration Commission describing the progress of the Florida Keys Area toward completing the Work Program tasks specified in Administration Commission rules. The Administration Commission shall consider the findings and recommendations provided in the report and determine whether progress has been achieved in accomplishing the Work Program Tasks scheduled for completion during the year. Administration Commission rules provide that if the Administration Commission determines that progress has not been made for either Islamorada, Marathon, or Monroe County, their unit cap (i.e., the maximum number of residential units allowed to be constructed) for residential development shall be reduced by 20 percent. Additionally, Section 380.0552(4), F.S., provides the following process for the Commission's removal of the designation: "(4) REMOVAL OF DESIGNATION. (a) The designation of the Florida Keys Area as an area of critical state concern under this section may be 7 ecommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the zvork program tasks specified in rwles of the Administration Commission. (b) Beginning November 30, 2010, the state land planning agency shall annualjsubmit a zrrrztten report to the Administration Commission describing the progress of the Florida Keys Area tozvard completing the zvork program tasks specified in Commission riles. The land planning agency shall recommend removing the Florida Keys Area f om being designated as an area of critical state concern to the Commission if it deter-gaines that.• 9. All of the llork Program tasks have been completed, including constriction of, operation of, and connection to central zvastenwer management facilities pursuant to section 403.086(90), F.S., and upgrade of onsite sewage treatment and disposal systenaspursuant to Section 389.0065(4)(l�, F.S.; 2. All local comprehensive plans and land development regulations and the administration of such plans and regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in Section 380.0552 (2), F. S., and are consistent with and further- the principles forguiding development- and 3. A local government has adopted a resolution at a public hearing recommending the removal of the designation. (c) After- recnpt of the state land planning agency r port and recommendations, the Administration Commission shall detemline whether the requirements have been fulfilled and may remove the designation of the Florida Keys as an area of critical state concern. If the Administration Commission removes the designation, it shall initiate November 30, 2014, Page 2 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 rulemaking to r peal any rules relating to such designation within 60 days. If, after recept of the state landplanning agency's report and recommendations, the Commission finds that the requirements for recommending removal of designation have not been met, the Commission shall provide a nrritten report to the local governments within 30 days after- making such a finding detailing the tasks that must be completed by the local governmentfor the upcomingyear..." PURPOSE The Legislature designated the Florida Keys (Monroe County and its municipalities) and the City of Key West as Areas of Critical State Concern in 1975 due to the area's environmental sensitivity and mounting development pressures. The legislative intent was to establish a land use management system for the Florida Keys that would achieve the following: • Protect the natural environment and improve the near shore water quality; Tarpon at Robbie's Marina (B. Powell) • Support a diverse economic base that promotes balanced growth in accordance with the capacity of public facilities; • Promote public land acquisition and ensure that the population of the Florida Keys can be safely evacuated; • Provide affordable housing proximate to places of employment; and • Protect property rights and promote coordination among governmental agencies that have permitting jurisdiction. This narrative provides an overview of the Administration Commission's rules and should be used in conjunction with the Administration Commission's Matrix (Tab 4) to expedite review. The Matrix is the Administration Commission Rule in a different format. It contains the status of each Work Program task in the third column as either "complete" or "incomplete" and the tasks due during this reporting period are highlighted in yellow. The Matrix also includes comments and information submitted by the local governments as to the extent to which these requirements are met. November 30, 2014, Page 3 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 FINDINGS Status of Work Program Task Achievement Islamorada, Village of Islands Islamorada completed 82% of the work plan tasks scheduled this period (Rule 28-19.310, Florida Administrative Code) Task 2: Apply for land acquisition funds Task 10: Identify wastewater funding in Capital Improvements Element Task 11: Final determination of central wastewater non -service areas Task 12: Coordinate actions with the Department of Health Department (DOH) and Department of Environmental Protection (DEP) to notify owners regarding wastewater systems that will not meet 2015 treatment standards Task 13: Apply to state or federal government for wastewater grant funding Task 15: Request Everglades restoration bonds for financing Task 16: Implement local funding necessary to support issuance of bonds Task 17: Provide a report of property owners who refuse to connect to central sewer and enforcement status Task 27: Complete final design of wastewater system Task 28: Commence construction of Village -wide wastewater system Task 29: Make available, connections to 25% of potential customers Tasks achieved this period Wastewater: The Village spent approximately $64 million in wastewater funds this period. The Village abandoned the existing Plantation Key Wastewater Facility and connected the flow to the Key Largo Regional Wastewater Treatment Facility. The Village has completed 18% of the potential connections throughout the Village to the new transmission main that will carry wastewater to the Key Largo Regional Wastewater Treatment Facility. The Village has identified parcels that will not be connected to central sewer and has notified the owners that their onsite sewage treatment and disposal systems must be upgraded to be consistent with Section 381.0065(4)(1), F.S. The Village has conducted workshops with DEP and DOH and the public regarding connection and enforcement. Currently, 180 property owners have not connected to the central wastewater system after notification of sewer availability. The property owners have not been scheduled for a Code November 30, 2014, Page 4 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Enforcement hearing. The Department of Economic Opportunity has provided a Community Development Block Grant in the amount of $700,000 to assist economically disadvantaged households in paying the plumbing costs to connect from the home to the collection line. Village staff indicate that enforcement efforts will be strengthened in concert with implementation of the grant. Tasks not achieved this period Land Acquisition (Task 2): The Village did not apply to any State or Federal agencies for funding to acquire land. Islamorada has increased coordination this year with the Monroe County Land Authority (MCL.A) and the Authority purchased 3 lots within the Village with funding that is generated by a Tourist Impact Tax. Islamorada has 1,109 vacant parcels. Based on the current building permit allocation system limiting new residential construction to a total of 280 units over the next ten years, there will likely remain 829 vacant parcels in need of acquisition by 2023. The estimated acquisition cost of these parcels is $50 million in today's dollars. Based upon the Florida Emergency Management Hurricane Evacuation Model, it is projected that by 2023 the evacuation clearance time in the Florida Keys will require 24 hours, the maximum allowed by law. Wastewater (Task 29): The Village connected 18% of potential customers, just short of their goal of 25%. Recommendation The Department encourages the Islamorada Council to adopt a resolution agreeing to match Florida Department of Environmental Protection's Florida Forever Program acquisitions by contributing 50% of the acquisition cost so that when land is available that has been targeted for acquisition by State Lands, the Monroe County Land Authority could proceed with purchase and be reimbursed by Islamorada and the Florida Forever Program. The Department encourages the Village to apply for land acquisition grants to reduce the number of vacant lots that may not be eligible for building permit allocations in order to reduce vulnerability to potential takings claims after 2023 when hurricane evacuation clearance time will require 24 hours. The Department of Economic Opportunity provided a technical assistance grant of $20,000 to Islamorada to update the Village's Geographic Information System and to identify the most environmentally sensitive land in the Village. When the work is complete, staff will have the resources to modify the Building Permit Allocation System to better direct development to the least environmentally sensitive areas. The Department encourages the Village to adopt land development regulations with a revised building permit allocation point system when the contract tasks are completed. November 30, 2014, Page 5 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 City of Marathon The City of Marathon completed 86% of the work plan tasks scheduled for completion this period (Rule 28-18.400, Florida Administrative Code) Task 7: Task 17: Task 18: Apply for land acqusition funding� Allocate funding in Capital Improvements Element Coordinate actions with DEP and DOH regarding notification to owners of systems that will not meet 2015 standards and status of enforcement. Task 19: Apply for wastewater grants Task 21: Request Everglades bonds issuance Task 22: Allocate wastewater funding to support bond issuance Task 53: Allocate funding for stormwater treatment facilities Task 54: Apply to South Florida Water Management District (SFWMD)for stormwater grants Tasks achieved this period Wastewater: The cost to construct central wastewater systems in Marathon is $102.9 million, of which $29.7 million provided from State and Federal sources. The City of Marathon allocated $46.7 million in the annual budget for wastewater this past year. Wastewater connection status: Of the 8,665 potential Equivalent Dwelling Units (EDU), 7,938 have been connected (91%). There are 814 EDU connections still to be connected to the Collection lines. Code enforcement is ongoing, with 149 parcels referred to code enforcement because the property owners have not connected to central wastewater. The City has identified parcels that will not be connected to central wastewater and has notified these owners that the On Site Sewage Treatment and Disposal Systems must be upgraded to be consistent with Section 381.0065(4)(l), F.S. There are approximately 7 parcels, including developed islands that fall into this category. Tasks not achieved this period Land Acquisition (Task 7): Marathon did not apply for land acquisition funding. Based on the current building permit allocation system limiting new residential construction to a total of 300 units over the next ten years, there will likely remain 981 vacant parcels in need of acquisition by 2023. The estimated cost of November 30, 2014, Page 6 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 these parcels is $49 million in today's dollars. The City allocated $500,000 for land acquisition this year, but has not acquired any land and has not applied for any grants to purchase land. Not Applicable Stormwater: No stormwater funding was available from the SFWMD. Therefore this task was rated as "not applicable." However, the City has established a stormwater utility tax to further improve stormwater quality, inspect and clean 50 storm drains and 327 stormwater catch basins. The City budget contained $7.2 million for stormwater issues last year. Recommendations The Department recommends strengthening local efforts for land acquisition. The Department encourages the City Council to adopt a resolution committing to a 50% match for parcels located within Forever Florida acquisition boundaries and to coordinate with the Monroe County Land Authority to acquire parcels. The City could evaluate parcels within the Florida Forever targeted boundary and provide the Monroe County Land Authority with a prioritized list. 125 Room Hv-att Place Hotel and Faro Blanco Resort c Marina— Opened December 2014 November 30, 2014, Page 7 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Monroe County Monroe County completed 70% of the work plan tasks scheduled for completion this period (Rule 28-20.300, Florida Administrative Code) Tasks scheduled for this period Task 10: Apply for land acquisition funding Task 19: Allocate wastewater funding Task 20: Coordinate with DEP and DOH regarding notification to owners who will not meet 2015 wastewater standards Task 21: Request Everglades bonds issuance Task 23: Apply for wastewater grant funding Task 26: Provide report of owners who have not connected to wastewater system and enforcement status Task 43: Complete all remaining connections at Hawks Cay Task 50: Complete construction of Cud)oe Wastewater Facility and central area collection and transmission system Task 56: Complete 25% of connections to Cud)oe Wastewater Facility Task 60: Include stormwater funding in Capital Improvements Element Task 61: Apply to SFWMD for stormwater grants Land Acquisition: The County purchased 130 parcels this year at a cost of $2.5 Nlillion. The County was successful in obtaining an allocation of nearly $35,000 for restoration activities on publicly owned land. Based on the current building permit allocation system that limits new residential construction to 1,970 new residential structures over the next ten years, there will likely remain 6,198 vacant parcels in need of acquisition by 2023. Based on 2012 property appraiser valuations, the cost of acquisition of these parcels would be approximately $190 million in today's dollars. The Department of Environmental Protection's Forever Florida land acquisition program has purchased 9,572 acres within the Florida Keys at a cost of $240 million to date. During the report period, the Florida Cabinet approved the acquisition of 902 acres on Sugar Loaf Key. Additionally, there are 519 privately owned vacant parcels proximate to Naval Air Station -Key West which are potential military encroachment sites in need of acquisition. The County adopted a resolution to partner with the Division of State Lands for a collaborative acquisition. November 30, 2014, Page 8 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Stormwater: An overdue task requiring the construction of stormwater improvements on Card Sound Road was completed this year. Monroe County allocated $1.1 million toward stormwater improvements at Stock Island and Key Largo. Wastewater: The County has identified parcels that will not be connected to central sewer and for the most part, has notified the owners that the On Site Sewage Treatment and Disposal Systems must be upgraded to be consistent with Section 381.0065(4)(1), F.S. During discussion of this task with DOH and DEO, staff identified several off shore islands that have not been notified by mail that the systems must upgrade. Some of these islands do not have electricity and pose unique challenges to meet the standards. Monroe County secured $50 million in bond revenues and $151 million in state revolving loans for wastewater projects. The County allocated more than $28 million during this period for wastewater improvements. County staff was successful at the Congressional level, introducing language to the Water Resources Development Act reauthorization bill to include the Cudjoe Regional Wastewater system as an eligible project should funding become available. The last wastewater system to be constructed in the County is the Cudjoe Regional Wastewater Facility ($170 million). Construction of the Cudjoe Regional Wastewater Facility is nearing completion (800/o), however, a citizen group has recently challenged the issuance of a permit for shallow well injection. Injection wells are used to dispose of treated effluent in the Florida Keys. Wastewater plants that provide advanced treatment may discharge less than one million gallons a day to shallow injection wells (90 feet). A local citizen group has requested that the Monroe County Board of County Commissioners spend an additional $6 to 8 million for the construction of a 2,000 feet deep injection well for the Cudjoe Wastewater Facility. Most of the collection lines for the inner islands (75%) of the Cudjoe Regional Facility have been constructed, with approximately 50% of the collection lines for the outer islands complete. Sewer Connection Enforcement The County reports the following status regarding the number of parcels that have not connected: • Key Largo Wastewater Facility has 359 code enforcement cases for lack of connection to sewer. Another 1,465 parcels have failed to connect and are pending enforcement. • The Big Coppitt Facility has 211 parcels that have not connected. • The Hawks Cay Facility has 81 parcels that have not connected. • The County is determining how many parcels at Stock Island will require lift stations before they can be connected to Key West Resort Utility and when the evaluation is completed, the County will refocus efforts on connections. November 30, 2014, Page 9 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Tasks not achieved this period Hawks Cay Wastewater Facility (Task 43): The County projected completion of all connections at Hawks Cay Wastewater Facility from Duck Key. To date, 93% have been connected to this facility. Cudjoe Wastewater Facility (Task 50): The County was due to complete construction of Cudjoe Wastewater Facility, the Central Area Collection System and Central Area Transmission Main. Connections to Cudjoe Wastewater Facility (Task 56): complete 25% connections to Cudjoe Wastewater Facility Tasks not counted: Stormwater (Task 61): No stormwater funding was available from the SFWMD, therefore, this task was rated as "not applicable." Extent of the Cudjoe Regional NN%astewater Facility, (Source: Google Earrh) November 30, 2014, Page 10 of 21 Florida Department of Economic Opportunity Annual Report for the Period July 1, 2013- June 30, 2014 Status of Local Governments without Work Program Tasks City of Layton Rule 28-32, Florida Administrative Code Layton has adopted the annual building permit allocation into its Comprehensive Plan. The Comprehensive Plan is up-to-date and being adequately implemented. The City has a fully operational wastewater facility that meets the advanced treatment standards. The cost to provide central wastewater for Layton was $5.7 million, $4.1 million of which is being provided by other government sources. Based on the current building permit allocation system that allows construction of 30 new residential structures over the next ten years, and 13 remaining vacant parcels, there will likely be no vacant parcels requiring acquisition by 2023. Long I4ev Viaduct (State Archives of Florida, Motida 1le7not3) City of Key West Rule 28-36, Florida Administrative Code The City of Key West has a fully operational wastewater system that meets the advanced treatment standards. The City has adopted the annual building permit allocation system into its comprehensive plan and adopted new regulations to guide the allocation of building permits through the year 2023. Based on the current building permit allocation November 30, 2014, Page 11 of 21 Florida Department of Economic Opportunity Annual Report for the Period July 1, 2013- June 30, 2014 system that allows construction of 910 new residential structures over the next ten years and 84 remaining vacant parcels, there will likely remain no parcels in need of acquisition by 2023. Key West has few environmentally sensitive sites that require acquisition, so any funding generated by the Tourist Impact Tax is utilized for construction or acquisition of affordable housing. The Monroe County Land authority currently has $7.5 Million available for land acquisition for affordable housing in Key West. Key West participated within a Hurricane Evacuation Memorandum of Understanding agreeing that the City would annually transfer in July any unused allocations to the other local governments. Following the completion of the Hurricane Evacuation MOU, Key West submitted a plan amendment and adopted land development regulations during the first year of the allocation period. Some of the land development regulations were rejected by the State Land Planning Agency. Key West staff were unable to review applications and award building allocations by July 2013, the first year of the Building Permit Allocation System. The City reported that the allocations for 2013 would be merged with the 2014 year and the City would not make the 36 unassigned allocations available for distribution to the other local governments. Key west Lighthouse (State Archives of Florida, Florida Memory) November 30, 2014, Page 12 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 City of Key Colony Beach 28-21 and 28-31, Florida Administrative Code Key Colony Beach is a small community with 1,437 dwelling units, of which 710 are utilized as transient vacation rentals. The City has approximately 92 vacant parcels with an estimated acquisition cost of $11.9 million in today's dollars. The City of Key Colony Beach operates a central wastewater treatment system that treats to advanced treatment standards, however additional improvements are being made to the facility. The City has no land acquisition program and the remaining vacant parcels are not targeted for acquisition by Florida Forever as they are not environmentally sensitive. During 2012, at the direction of the Administration Commission, each local government appointed an elected representative to the Hurricane Evacuation Clearance Time Working Group with the knowledge that the modeling would result in the maximum allocation and distribution of residential units that could be built without exceeding the 24 hour clearance time. A Hurricane Evacuation Memorandum of Understanding that referenced the allocation was executed by all the local governments after conducting numerous public hearings. The following excerpt is from the March 2013 Florida Administration Commission directive to the Department of Economic Opportunity to work with the City to develop a comprehensive plan amendment to establish the building permit allocation: Based upon the MO that stpulates the input variables and assumptions, the Department has detemlined that an additional3,550 residential building allocations could be constructed and still maintain the 24-hour hurricane evacuation clearance time. For the purposes ofguiding development, the Department has recommended maintaining the cure-ent annual allocation and distribution rates as follon)s: Annual Allocation 10 year allocation Vacant lots Monroe County 197 1970 8,758 City ofMarathon 30 300 1,281 Village of Islamorada 28 280 1,109 City of Key best 91 910 84 City of Key Colony Beach 6 60 92 City of Layton 3 30 13 NOTE. • All allocations are at current rates as adopted in either local comprehensive plans or Commission rules, with the exception of the allocation for the City ofKey Colony November 30, 2014, Page 13 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Beach. The Department will work with the City over the next year to develop a comprehensive plan amendment to establish the annual building allocation." The Department has conducted numerous meetings with city representatives. The Key Colony Beach Comprehensive Plan does not contain a ten year cap or an annual building permit cap. The plan does not differentiate between transient, market rate or affordable units. Since the development of the MOU, 10 permits for new dwelling units have been issued. Key Colony Beach representatives have stated that 10 to 14 allocations are needed on an annual basis and the City has not adopted a plan amendment to establish an annual allocation. The City has requested additional allocations to address the density of the remaining vacant lots. Without the assurance of additional allocations, the City has indicated that the City may withdraw from the Hurricane Evacuation Memorandum of Understanding. All local governments in the Florida Keys are mutually bound together by the need to maintain a hurricane evacuation clearance time of 24 hours prior to the onset of hurricane -force winds. Additionally, all local governments rely on electricity and potable water that is generated on the Florida mainland, leaving the entire 112 miles of Florida Keys communities vulnerable in the event of a major hurricane. Evacuation of the Keys population in advance of a hurricane landfall is of paramount importance for public safety. Virtually all evacuees leave by way of US Highway 1 and seek shelter outside of Monroe County. Hurricane evacuation computer modeling projects that when 3,550 additional units are constructed in the Florida Keys, evacuation clearance time will be at the 24 hour mark. Unless U.S. Highway 1 is widened or Section 380.0552 (9)(a)2., F.S., is modified to allow additional hurricane evacuation time, it is likely that by the year 2023, local governments will be unable to issue additional permits. In order to comply with the 2012 directive from the Administration Commission, the Department asks that the Administration Commission consider the following two options: a) Continue work with the City of Key Colony Beach regarding issuance of development orders; or b) Initiate rulemaking to amend the City's Comprehensive Plan to establish a building permit allocation system for Key Colony Beach in accordance with the Administration Commission directive. The proposed rule is as follows: November 30, 2014, Page 14 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 Proposed Draft Rule 28-31.008, Florida Administrative code to amend the comprehensive plan Policy 1.3.2 Building Permit Allocation The City of Key Colony Beach shall issue allocations for no more than 60 new residential units between adoption of this rule and July 1, 2023. The allocation year shall run from July 13 to July 12 of the following year. The City may allocate six residential allocations per year. Allocations awarded shall result in the issuance of a building permit within one year of award and construction must be continuing in good faith. Unused allocations shall rollover to subsequent years to be placed within an administrative relief pool. Any allocations in the administrative relief pool shall only be allocated pursuant to the administrative relief procedures established in this rule. The City may borrow forward allocations up to one allocation year (for an additional 6 allocations) upon the passage of a resolution by the City Council, provided that no more than 60 allocations are issued between adoption of this rule and July 12, 2023. The City may exceed the 60 allocation limit only if it obtains additional allocations, and those additional allocations are reflected in a comprehensive plan amendment. Residential allocations do not include transient hotel or motel units or any unit with occupancy of less than one week. Duplex units require two allocations. Allocations shall be awarded based upon first come first served basis, unless the city adopts land development regulations that establish a different allocation award process. Any applicant for a residential unit allocation that has met all requirements of the City's Land Development Regulations and Comprehensive Plan, but has otherwise been denied an allocation, are eligible to request consideration for administrative relief upon 4 years elapsing from the date of entry into the allocation system. Any allocations distributed by the administrative relief procedure shall come from the administrative relief pool. Any allocations obtained through the Hotel Unit Allocation Program cannot be used until administrative relief pool has been exhausted. SpecificAutbofio 380.05(8), 380.0552(4)(fi FS. Law lnplelvented 380.05 FS. Histog—New November 30, 2014, Page 15 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 VACANT LOT RETIREMENT AND HOTEL UNIT ALLOCATION RULE Based on the current building permit allocation system limiting new residential construction to a total of 3,550 allocations approved by Adminsitration Commission over the next ten years and allocated on an annual basis, there will likely remain nearly 8,000 vacant parcels in need of acquisition by 2023. The Department recommends the adoption of a Florida Keys rule creating a program to allow limited hotel development in exchange for the retirement of development rights on vacant buildable environmentally sensitive residential lots. The purposes of the proposed rule are to • reduce the number of vacant residential lots that will remain in 2023, • maintain the statutorily -required hurricane evacuation clearance time, • enhance the protection of environmentally sensitive land, and • stimulate the Florida Keys tourist economy. Hurricane Evacuation Clearance Time Section 380.0552(9)(a)2., F.S., requires that the Florida Keys local governments maintain a hurricane evacuation clearance time for permanent residents of no more than 24 hours. The Florida Keys hurricane evacuation is completed in two phases in order to comply with the 24-hour evacuation clearance time. The evacuation time is based upon the number of evacuating cars, the flow rate of traffic on U.S. 1, the occupancy and participation rate of units, and human behavioral studies. Phase I of the evacuation requires all transient units (hotel/motel, homes registered as vacation rentals, recreational vehicle parks, campgrounds, mobile home occupants [the most vulnerable housing] and populations with special needs) to evacuate 48 hours prior to anticipated land fall of a Category 3-5 storm event. The current evacuation clearance time for Phase I is 17.5 hours. Additional transient allocations could be approved and still maintain an appropriate clearance time for the transient population. Computer modeling predicts that as of 2023, it is highly likely that evacuation of the permanent population during Phase II will require 24 hours. Transient Units in the Florida Keys There are currently more than 13,000 transient units within the Florida Keys, based on data from the 2012 Hurricane Evacuation modeling efforts. The Monroe County Tourist Development Council reports that 4 million tourists visited the Florida Keys in 2011 contributing $2.2 Billion to the economy. Approximately 48% of the existing hotel units are within the City of Key West followed by Monroe County (220/o), Marathon (120/o), Islamorada (120/o), Key Colony Beach (.030/o), and Layton (.002%). Since 1996, Monroe County and Islamorada have not allocated building permits for new contruction of transient units. The County building permit alocation system, for the most part, has limited new November 30, 2014, Page 16 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 development to permanent residential development due to the high number of vacant lots (more than 11,000 county -wide) and the limited allocations. The City of Marathon has also limited allocations to permanent residential development. In 2012, the Administration Commission approved a request from the City for 100 transient units (not included with in the building permit allocation system) to assist the City in recovering from hurricane impacts and the economic disruption caused by the simultaneous construction of central sewer. There is a high occupancy rate (80-88%) of the existing hotel units, with an average daily rate of $247 per room. Recent transactions of hotel sales in the Florida Keys demonstrates a value of $634,000 to $708,000 per room/unit. Proposed Draft Florida Keys Hotel Unit Allocation Rule The proposed Florida Keys Hotel Unit Allocation Rule allows the Department to provide up to 300 hotel unit allocations to the Keys communities to be used as follows: Local governments that obtain hotel unit allocations under the program can allocate them to developers for hotel development within their jurisdictions. In order to obtain one hotel unit allocation, a developer would be required to extinguish development rights on three vacant buildable environmentally sensitive residential lots. Hotel developers in the Florida Keys have advised the Department that because of the value of hotel rooms and because of the limited number of allocations available under the program, the program should be financially feasible for them. If successful, the program would also reduce the number of vacant buildable residential lots in 2023 and help maintain the statutorily -required 24-hour hurricane evacuation clearance time for permanent residents. November 30, 2014, Page 17 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 The proposed rule language is as follows: Rule . Hotel Unit Allocation Program for the Florida Keys and City of Key West Areas of Critical State Concern. (1) Purpose. This rule establishes a program to award to Florida Keys local governments Hotel Unit Allocations for hotel development in exchange for extinguishment of residential development rights on vacant buildable environmentally sensitive lots. The purpose of the program is to reduce residential development entitlements and increase acquisition of vacant buildable environmentally sensitive platted lots, reduce state and local government exposure to potential takings claims, and ensure the safe evacuation of residents of the Florida Keys and City of Key West Areas of Critical State Concern during tropical hurricane events. (2) Definitions. As used in this rule the following terms have the following meanings: (a) "Florida Keys" means the Florida Keys Area of Critical State Concern and the City of Key West Area of Critical State Concern. (b) A "Hotel Unit Allocation" means an allocation for development of one Hotel Unit consisting of one bedroom and up to two bathrooms. (c) "Recipient(s)" means a non -government entity or an individual who receives a Hotel Unit Allocation award from a local government. (d) Department and DEO means the State Land Planning Agency (e) "Environmentally Sensitive" means lands targeted for acquisition by the Florida Department of Environmental Protection, lands designated Tier I and Tier II under the Monroe County comprehensive plan, or wetlands scoring 4 to 5 on the Keys Wetland Evaluation Program (KEYWEP) (3) Communities; Local Government Hotel Unit Allocation Awards; Expiration. The Department of Economic Opportunity may designate up to three local governments in the Florida Keys as communities under this rule. The Department shall issue a Hotel Unit Allocation Award Letter to the community or communities awarding a combined total of up to 300 Hotel Unit Allocations. If more than one community is designated, the Department may award all Hotel Unit Allocations simultaneously or may stagger the Hotel Unit Allocation awards. (4) Use of Hotel Unit Allocations for Development. (a) Local Hotel Unit Allocation Program. A local government in possession of Hotel Unit Allocations may award those Hotel Unit Allocations to a Recipient for development of hotel units. Prior to any award to a Recipient, the local government shall establish a Hotel Unit Allocation Program that: 1. includes application, award, tracking, and record -keeping requirements, 2. requires development of affordable housing units or, if authorized by the local government's comprehensive plan or land development regulations, contribution of a fee for each hotel unit built, and November 30, 2014, Page 18 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 3. requires the extinguishment of residential development rights as provided in this rule. (b) Conditional Use Approval; Expiration of Hotel Unit Allocation to a Recipient. Hotel Unit Allocations shall be awarded pursuant to a conditional use approval conditioning the award on the Recipient extinguishing development rights on three vacant buildable environmentally sensitive platted residential lots for each one Hotel Unit Allocation awarded. For the purpose of this rule, an environmentally sensitive platted residential lot is a platted lot designated as Tier I or II, targeted for acquisition by the Florida Department of Environmental Protection, or a lot that scores between 4.0 and 5.0 under the Florida Keys Wetland Identification Program and must have been platted on or before the effective date of this rule. The lots on which development rights are extinguished must be located within unincorporated Monroe County, Islamorada, or Marathon exclusive of offshore islands and Mainland Monroe. Residential development rights shall be extinguished within two years after the date of the conditional use approval or the Hotel Unit Allocation award shall automatically expire. Upon expiration, the Hotel Unit Allocations shall revert to the Department for further award pursuant to its adopted Hotel Unit Allocation program. Once the required residential development rights are extinguished in a manner consistent with this rule, the Hotel Unit Allocations are the sole property of the Recipient. (c) Extinguishing Residential Development Rights. Residential development rights shall be extinguished by the Recipient recording a written instrument in the public records of Monroe County, Florida, extinguishing such development rights. The instrument shall be in a form acceptable to the local government in which the lots are located. The Recipient shall provide a copy of the recorded instrument to the Department and to the local government in which the lots are located no later than 10 days after the recording information is made available to the Recipient by the Clerk's Office. The Recipient shall not be entitled to receive a building permit for hotel units to be developed pursuant to a Hotel Unit Allocation award until the required residential development rights have been extinguished. (d) Plan Amendment Designating Lots as Conservation. The local government in whose jurisdiction the lots on which development rights have been extinguished are located shall amend its comprehensive plan to designate the lots as "Conservation" on its Future Land Use Map within six months after the receipt of the recorded written instrument extinguishing such development rights. The local government in whose jurisdiction the lots are located may require the Recipient to apply for the plan amendment required by this section. (e) Land Management. For the purpose of land management, the Recipient may convey the lots on which development rights have been extinguished to the Monroe County Land Authority or to the local government in which they are located to manage the lots. November 30, 2014, Page 19 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 (5) Evaluation and Report to the Administration Commission. Local governments participating in the program shall provide DEO an annual Report by July 30 of each year indicating the status of the program and reporting the number of units that have been transferred or acquired. Adjustments to the ten year building permit allocation shall be reflected in a plan amendment by the donor and receiver local governments within 12 months of adoption of a resolution to transfer units to another local government. Department of Economic Opportunity shall include in its Florida Keys annual report an assessment of the success or failure of the program and a recommendation whether the program should be expanded. RulelvakingAuthofio: 380.05(22)(b), FS; Law lnplemented:380.05, 380.0552, FS; New. Recommendations Staff at DEO recommend promulgation of the above rule. November 30, 2014, Page 20 of 21 Florida Department of Economic Opportunity, Annual Report for the Period July 1, 2013- June 30, 2014 RECOMMENDATIONS FOR WORK PROGRAM The Department makes the following recommendations pursuant to Section 380.0552(4)(b), F.S.: (1) Accept the 2014 Annual Report for Monroe County, the City of Marathon and the Village of Islamorada; (2) Continue the Florida Keys Area of Critical State Concern designation in order to complete the Work Programs requirements; (3) Accept the Department's recommendation that substantial progress toward accomplishing the strategies of the Work Program have been achieved for Monroe County, the City of Marathon, and the Village of Islamorada; (4) In response to the 2012 directive from the Administration Commission, the Department asks that the Administration Commission consider the following two options: a) Continue work with the City of Key Colony Beach regarding issuance of development orders; or b) Initiate rulemaking to the City's Comprehensive Plan to establish a building permit allocation system for Key Colony Beach in accordance with the Hurricane Evacuation Memorandum of Understanding. (5) Accept the Department's recommendation to initiate rule making for a hotel program that would allow the creation of a limited number of hotel unit allocations. November 30, 2014, Page 21 of 21 TAB 3 2014 Florida Keys Annual Progress Report Summary A. Islamorada achieved 9 out of 11 (82%) Tasks Completed 1. Task 10: Identify wastewater funding in CIE 2. Task 11: Final determination of non -service areas requiring upgrade 3. Task 12: Coordinate actions with Health Department and Environmental Protection to notify homeowners regarding systems that will not meet 2015 treatment standards 4. Task 13: Apply for wastewater grant funding 5. Task 15: Request Everglades bond financing 6. Task 16: Implement local funding necessary to construct, replace, maintain wastewater 7. Task 17: Provide a report of addressess of property owners that fail to connect and describe the enforcement action. 8. Task 27: Complete final design of the Village -wide wastewater system. 9. Task 28: Commence construction of Village -wide wastewater system Tasks Not completed in 2014 10. Task 2: Apply for land acquisition funds 11. Task 29: Make available to its customers 25% of the Equivalent Dwelling Unit (EDU) connections to the Village -wide wastewater system. B. Marathon achieved 6 of 7 (86%) Tasks Completed 1. Task 17: Allocate wastewater funding in Capital Improvements Element 2. Task 18: Coordinate actions regarding notification to owners of systems that will not meet 2015 standards and status of enforcement. 3. Task 19: Apply for wastewater grants 4. Task 21: Request Everglades bonds issuance S. Task 22: Allocate wastewater funding 6. Task 53: Allocate funding for stormwater in CIP Tasks Not completed in 2014 7. Task 7: Apply for land acqusition funding Tasks Not counted 8. Task 54: Apply for stormwater grant funding (Narrative) C. Monroe: Achieved 7 of 10 (70%) Tasks Completed 1. Task 10: Evaluation land acquistion needs and apply for funding 2. Task 19: Allocate wastewater funding in CIE 3. Task 20: Work with the owners of wastewater facilities and onsite systems 4. Task 21: Request Everglades bond issue S. Task 23: Apply for wastewater grant funding 6. Task 26: Provide report of property owners that fail to connect to wastewater 7. Task 60: Include stormwater funding in Capital Improvements Element Tasks Not completed in 2014 8. Task 43: Complete all remaining connections to Hawk's Cay WWTP. 9. TaskSO: Complete construction of Cudjoe Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main 10. Task 56: Complete 25% of hook-ups to Cudjoe Regional WWTP Tasks Not counted 11. 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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 law; and WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of Critical State Concern includes: (a) Establish a land use management system that protects the natural environment of the Florida Keys; (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; 1 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 2 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 (I I%)„ 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 , 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 Sheriff's 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 145 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: El 08-02-12 A. Number and Occupancy of Units by type of Unit: 1. 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: 2. Mobile home units: 3. Site -built units: 100% 100% 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 5 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 terns 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: 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, 3,126 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. 5. 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 Shawn Smith, City Attorney 8 08-02-12 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 21 2012 Clerk David Rice, Mayo Approved as to form and legal sufficiency: County Attorney 0 08-02-12 /O k20/I` ,2012 Date ATTEST: City Clerk Approved as to • John R. Heri6 City A • CITY OF MARATHON, FLORIDA Peter Worthington, Mayor 10 08-02-12 1 , 2012 Date ATTEST: Mimi Young, City Cl i Approved as to form and legal sufficiency: ity Attorney CITY OF LAYTON, FLORIDA 'Norman S. Anderson, Mayor 11 08-02-12 3/ oQ l 2012 Date ATTEST: Viekip City lei -1114t y ennin9� I 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 Sr�crn be"c 'T " , 2012 Date ATTEST: Fge�:(le I Approved as to form and :legal sufficiency: Nina Boniske, Village Attorney ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA Michael Reckwerdt, Mayor 13 08-02-12 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Brya . Koon, Director Approved as to form and legal sufficiency: Assistant General Counsel 14 08-02-12 ��-�✓1/ i 2012 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 r� By: /-AssistarkAienerA abunsel Approved Date: STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY fT omas Beck, AICP 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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J T J T J- T I r T— 0 Y Y Y Y Y Y Y Y Y O 2 O 2 O 2 O 2 O 2 O 2 O 2 O O (a (a (a (a (a '� (a '� (a '� (a '� (a '� (a '� Y Y Y Y Y Y Y Y Y Y Y Y 00 01 O a -I N M V N 'O I, W 01 O a -I N M V N w I, co m O 14N M V N 'O I, W 01 O a -I N M V NW I� 0 O O a -I a -I a -I a -I a -I a -I a -I a -I a -I a -I N N N N N N N N N N M M M M M M M M M M V V V V V V V V W N a -I N a -I N 14 N 14 N 14 N 14 N 14 N 14 N 14 N 14 N 14 N 14a-I N N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I N a -I a -I 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% 2,159 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 1247 _Monroe_ 17,77 . _ _17 371 _ 70.59_% _ _ 12 .27� 2 _0 _0 57 0.00% _._._ 0 ._7576 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 Occupied Units Vehicle per Unit 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 61 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 371 165 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 1.71053 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 1.32245 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 51 1.40000 7 0 1.1 0 Mainland 1247 _Monroe_ uls . _ _12 27,20 0.00000 _ 0 38 579 _0 77, 576 0.00000 _ 0 675 _ _ _0 1°�$2 _ 1.1 _ _0 . 12,4161 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 Traffic 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 Total Vehicles Vehicle Use Rate Available Vehicles 1208 Key West 1,622 90% 1,460 1 90% 1 1,984 100% 1984 1209 Key West 1,464 90% 1,318 59 90% 53 1,689 100% 1,689 1210 Key West 1,663 90% 1,497 11 90% 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% 31 1215 Key West 1,607 90% 1,447 19 90% 17 229 100% 229 1216 Key West 723 90% 651 13 90% 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 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% 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 1236 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% 49 44 100% 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85%1 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% 243 1245 Upper Keys 296 85% 252 28 85% 24 73 100% 73 1246 Mainland Monroe 3 75% 2 7 80% 6 0 100% 0 Mainland 1247 _Monroe T�ta_s. 0 68„56 75% ' - - - 0 - 62„39„566 0 80% ' - - - 0 -' S„d'' 61 0 12,416 100% 0 12„�'' 16 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 Location Type Originating Location Beds/Vehicles Used Florida Keys Community University 1216 Key West College - Blue Lagoon 100 vehicles Population Residence Hall 1220 Lower Keys NAS Key West NAS Key West - Boca 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 Func tional Maximum Sustainable From To Area Location/Descripfion Evacuation Lane Flow Rate per Functional' Lane Lower Key West to Stock Keys 2 4 Island 2 900 Lower Stock Island To Big Keys 4 9 Coppitt Key 2 900 Lower 9 17 Big Coppitt to 1 1,100 Keys Sugarloaf Key LoweKeys Sugarloaf to Cudjoe Y 17 22 Y 1 1,100 Lower Cudj oe Key to Keys 22 24 Summerland Key Cove 1 1,100 Airport Lower Summerland Key Cove Keys 24 25 Airport to Summerland 1 1,100 Key Lower 25 30 Summerland Key to 1 1,100 Keys I Big Pine Key Lower 30 34 Big Pine Key to West 1 1,050 Keys Summerland Keys 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 Keys 36.5 37.5 Bahia Honda Key 1 1,100 Middle Bahia Honda Key to 37.5 47 Hoe g Key 1 1,200 Middle Keys 47 48 Hog Key to Boot Key 1 1,100 Middle 48 50.2 Boot Key to Marathon 2 900 Keys Marathonto Marathon Kiddie Y 50.2 58 2 900 Middle Marathon Shores to Keys 50.8 54 Key Colony Beach 2 900 Key Colony each to Kiddie Y 54 54.5 Deer Key 2 900 Deer Key Grassy Kiddie Y 54.5 58 eto Y 1 1,100 Upper Keys 58 74 Gassy Key to 1 1,100 Matecumbe Harbor Upper Keys 74 80 Matecumbe Harbor to 1 1,100 Teatable Key Teatable Key to Upper Keys 80 83.5 Islamorada 1 1,100 Islamoradaa to Windley Upper Keys 83.5 85.6 Y 1 1,100 Upper Keys 85.6 90 Windley Key to 1 1,100 Plantation Key Upper Keys 90 100 Tavernier Key to 2 900 Newport Key Upper Keys 100 105 Newport Key to 2 900 Sexton Cove Upper Keys 105 106.3 Sexton Cove to 2 900 Rattlesnake Key Rattlesnake Key to Upper Keys 106.3 126.5 Card Sound Road 1 1,200 Upper Keys 126.5 HEFT Card 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 Func tional Maximum Sustainable From To Area Location/Descripfion Evacuation Lane Flow Rate per Functional' Lane Int CR Lake Surprise to Upper Keys 106.3 905/CR 1 1,100 Crocodile Lake 905A Ocean Int CR Tanglefish Key to Upper Keys Reef 905/CR Crocodile Lake 1 1,100 905A Int CR Crocodile Lake to Upper Keys 905/CR US 1 1 1,100 South Miami Dade 905A Sourced a ta: Florida Department of Transportation: Letter to Department of Community Affairs on June 18, 2010 - Tables 2A and 213; Statewide Regional Evacuation Study for the South Florida Region ask Stand Comments BOCC meeting November 17th, 2015 Mayor and Commissioners, I am Deb Curlee Vice President of Last Stand. I am speaking today on behalf of Last Stand. Last Stand understands the reason for the proposed exchange of hotel rooms for development rights of vacant lots to reduce the threat of takings cases, but have the following comments/concerns: Last Stand would like to see a firm workforce housing component. To be able to offer" a fee in lieu of, or contribution for " language does not help our workforce housing issues. Additional hotel rooms will require additional workers and creating housing in the low and very low categories is an ongoing challenge. Last Stand also questions why the more desirable (developable) and higher priced Tier III lots are not included in the proposal. Are we correct in our understanding that these 300 ROGOs are above and beyond the 1,970 over the next 10 years? Are affordable ROGOs also being granted? We also request that penalties be added to the code to ensure that hotel/motel owners comply with the evacuation protocol that no transient unit shall be occupied within 48 hours of notice of tourist evacuation. Thank you, lb Deb Curlee Vice President Last Stand