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Item Q3
Cf24- C ounty of Monroe BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida Keys w° Mayor Pro Tem David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting February 15, 2017 Agenda Item Summary #2689 ADD ON DAY OF MEETING: Q -3 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292 -4441 N/A AGENDA ITEM WORDING: Discussion and direction related to the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding (MOU) which outlined the number of dwelling unit allocations each local government would receive in the Florida Keys through the year 2023 (County 197; Marathon 30; Islamorada 28; Key West 90; Key Colony Beach 6; Layton 3) and indicated agreement amongst the County and Cities (and the Department of Economic Opportunity and the Department of Emergency Management) that the City of Key West would transfer annually any remaining or unused allocations to the other local governments based upon the Local Governments' ratio of vacant land. ITEM BACKGROUND: The Florida Keys are mandated by the Florida Legislature and the Administrative Commission to adopt Comprehensive Plans that 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. After the Department of Economic Opportunity (DEO) conducted an evacuation study all local governments in the Keys, all the jurisdictions and state agencies signed a memorandum of understanding outlining the number of ROGO allocations each local government would receive through the year 2023. The evacuation study indicated the permanent residents were at 24 hours by the year 2023. The local governments were awarded annual allocations as follows: • County -197; • Marathon -30; • Islamorada -28; • Key West -90; • Key Colony Beach- 6; • Layton -3 The local governments were in agreement that if Key West did not award their allocations by July 12 of each year, Key West would transfer their remaining units to the other local governments based on the amount of vacant land which has potential takings liability in each jurisdiction. The following table, provided by DEO indicates Key West has 72.82 unused allocations, with a "bank" of unused allocations from previous years of 122.55. The table also demonstrates the number of units each local government would receive if Key West units are returned to each local government based on the MOU. Monroe County would receive 56.67 units. Distribution of % of Total 72.82 unused Vacant Parcels* Vacant Parcels allocations Islamorada 1,109 9.86% 7.18 Key Colony Beach 92 0.82% 0.60 Layton 13 0.12% 0.08 Marathon 1,281 11.38% 8.29 Unincorporated Monroe County 8,758 77.83% 56.67 Totals 11,253 100% 72.82 *Per 2012 MOU Beneficial Use allocations not subject to the MOU transfer Unused from 1993 allocations 53.13 Recovered /Surrendered 52.87 Expired 16.55 Total 122.55 DEO sent Key West a letter requesting the transfer through a comprehensive plan amendment. Key West responded indicating they did not agree they are to transfer the remaining units. To date, Islamorada has written a letter to DEO indicating they are seeking DEO uphold the MOU and redistribute the 72.82 allocations. County staff has received notice the Cabinet (Administration Commission) will hear the Florida Keys annual report on March 14, 2017 in Tallahassee. Staff is seeking direction from the Board on this issue. On February 14, 2017, Mayor Neugent and the County Attorney met with Key West Mayor Craig Cates and City Attorney Shawn Smith to discuss the potential transfer of workforce housing ROGO /BPAS allocations from the City to the County. Key West staff is working on a comp plan amendment that would allow for the transfer of workforce allocations to projects in the unincorporated portion of the Lower Keys which would provide housing for people who work in Key West. That amendment is anticipated to be heard by the City Commission during the Spring of 2017. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: 2016 Report Key West Allocations 16 -6 Letter from Key West 2012 - KeysHurricaneMOU (1970 ROGO) IVOI_ Response 20170209 Key West Sec._ 108_995. Reporting_ requirements _and_residential_allocati... FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Completed 02/13/2017 2:54 PM Assistant County Administrator Christine Hurley Completed 02/13/2017 2:56 PM Bob Shillinger Completed 02/13/2017 3:18 PM Jaclyn Carnago Completed 02/13/2017 3:26 PM Budget and Finance Skipped 02/13/2017 2:53 PM Maria Slavik Completed 02/14/2017 2:07 PM Kathy Peters Completed 02/13/2017 3:28 PM Board of County Commissioners Pending 02/15/2017 9:00 AM pF PIE C� � w Gy *, : 4 THE CITY OF KEY WEST *Este PLANNING BOARD Staff Report To: Chairman and Planning Board Members From: Thaddeus Cohen, Planning Director Meeting Date: October 20, 2016 Agenda Item: Annual BPAS Report - Building Permit Allocation System (BPAS) Annual Report - Presentation of the tracking and monitoring requirements as required by Section 108 -995 of the Land Development Regulations of the Code of Ordinances of the City of Key West, Florida. Introduction: In accordance with the requirements of Section 108 -995 of the Land Development Regulations, the annual report is required to track all inputs into the Building Permit Allocation System as well as allocations to the system by structure and use type. On November 6, 2013, the City Commission adopted BPAS Ordinance 13 -19, which became effective March 1, 2014. This annual report will serve as the third report under Ordinance 13 -19, which requires that the Administrative Official provide an Annual Report to the Planning Board and the State Land Planning Agency by September of each year. Process: The Land Development Regulations require that the Administrative Official provide an Annual Report to both the Planning Board and the State Land Planning Agency. Recommendation: The Planning Department recommends approval of the 2016 annual report findings. Attachments: 1. 2016 BPAS Annual Report 2. Draft Resolution Page 1 of 1 PLANNING BOARD RESOLUTION NO. 2016- A RESOLUTION OF THE CITY OF KEY WEST PLANNING BOARD ACCEPTING THE BUILDING PERMIT ALLOCATION SYSTEM (BPAS) ANNUAL REPORT AND PRESENTATION OF THE TRACKING AND MONITORING REQUIREMENTS, AS REQUIRED BY SECTION 108 -995 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF KEY WEST, FLORIDA. WHEREAS, Section 108 -995 of the Land Development Regulations requires that the City Planner provide an annual report to the Planning Board and the state land planning agency identifying any remaining or unused allocations, and the number of permits by building type; and WHEREAS, the 2016 Annual Report provides information based on the implementation of the Building Permit Allocation System; and NOW THEREFORE BE IT RESOLVED by the Planning Board of the City of Key West, Florida: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. That the City of Key West Planning Board accepts the presentation of the tracking and monitoring requirements as required by Section 108 -995 of the Land Development Regulations of the Code of Ordinances of the City of Key West, Florida. Section 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Page 1 of 2 Resolution Number 2016 - Chairman Planning Director Read and passed at a regular meeting held this 20th day of October 2016. Authenticated by the Chairman of the Planning Board and the Planning Director. Sam Holland, Chairman Date Key West Planning Board Attest: Thaddeus Cohen Date Planning Director Filed with the Clerk: Cheryl Smith Date City Clerk Page 2 of 2 Resolution Number 2016- ;: TM::), CITY OF KEY WEST • Building Permit Allocation System • 44 „;, r 2016 Annual Report INTRODUCTION: This annual report is written in accordance with Section 108 -995 of the Building Permit Allocation System Ordinance (BPAS) (Ordinance 13 -19). This section requires the City Planner charged with implementation and interpretation of the Land Development Regulations provide an annual report to the Planning Board and the State Land Planning Agency identifying any remaining or unused allocations, and the number of permits by building type by September 1 or each year as stipulated in the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding. ANALYSIS RESULTS: The City's Building Permit Allocation System (BPAS), is a growth management mechanism developed and implemented in 1993 to ensure adequate evacuation time for residents and visitors in the event of a hurricane possibly affecting the City. The BPAS is also commonly referred to as the Rate of Growth Ordinance, or "ROGO ", as the intent of the ordinance is to limit the amount and rate of new residential units approved in the City. Building Permit Allocation System Ordinance 13 -19 Ordinance 13 -19 updated the existing Building Permit Allocation System regulations in response to the newly adopted Comprehensive Plan policies and the 2012 Hurricane Evacuation Model Memorandum of Understanding. The amendments established an application process for the allocation of 91 new residential units to be received from the State Department of Economic Opportunity (DEO) annually for ten years as well as necessary changes that allow for clarification, simplification and ease of use for the residential development regulations process. 1. Lawful Unit Determination Process (LUD's) — Under the Ordinance 13 -19, the date a homeowner must prove his /her unrecognized residential unit was in existence has changed from April 1, 1990 to April 1, 2010, which is based on the most recent published US Census population data. The intent of the Building Permit Allocation System (BPAS), pursuant to City Code Section 108 -987, is to implement the City's Comprehensive Plan by limiting annual permanent (non- transient) and transient residential development. All new permanent and transient residential units within the City are subject to the BPAS, except as expressly exempted in City Code Section 108 -991. However, nothing in City 2016 Annual Report Page 1 of 4 City of Key West October 20, 2016 Code Chapter 108, Article X (BPAS), shall relieve the property owner from complying with other applicable sections of the City LDRs for development on the property. As a result of the unit recognition date change, the Planning Department has received over 60 applications to legitimize existing unrecognized residential units throughout the city. Staff's role in the process is to thoroughly research prior approvals, permits, and past and current zoning designations for each application during the determination process. The applicant will be responsible for paying back fees for utility and solid waste service as well as impact fees if any additional units are approved as being exempt from BPAS. !i 1 k ! 1 Remaining Applications 47 (as of 9/2015) Applications Received 8 (since 9/2015) Total Applications Completed 1 (since 9/2015) Total Active Applications 54 Pending Review Source: City of Key West Planning Department, 2016 2. Beneficial Use Criteria — Regulations codify Comprehensive Plan Policy 1- 1.16.1 which required that the remaining residential BPAS units (from the original 1993 allocation) be reserved for Beneficial Use purposes only. The City has reserved enough Beneficial Use allocations to cover any potential takings claims, leaving the new unit allocations available for new development. Under the current ordinance, any existing or recognized residential unit captured by the City from the owner through the waiver and release of building permit allocation process due to the voluntary reduction of onsite residential density and /or change in residential use shall be reserved for beneficial use allocations only. Total ESFU Input 1,649.00 Total ESFU Allocated 1,595.87 Total Recovered / 52.87 Surrendered Total Expired (Ord 10 -10) 16.55 Surplus: 122.55 Source: City of Key West Planning Department 2016 2016 Annual Report Page 2 of 4 City of Key West October 20, 2016 3. Application Process - Using the framework adopted in the 2013 Comprehensive Plan, staff created an application process that ensures that the limited number of residential unit allocations is distributed in a fair and equitable manner over time and that any future residential development contributes to the sustainable future of the City of Key West. Allocations by Residential Unit Type — Based on requirements in the Comprehensive Plan the Ordinance requires that unit types be allocated as follows: v � ,.,. « s��ac�ra�s�;: �t. n�. a � �s ..._. w }; i � Application/ Affordable Market Rate Transient Allocation Total Units Year Housing Units (AH)* Units Rental Units 48 Units dedicated for Peary 2013/2014 Court; 7 AH units available 36 0 91 for allocation 2014/2015 55 annually; 36 annually; 91 annually; 2015/2016 110 over 2 years 72 over 2 years 0 182 over 2 yrs 2016/2017 91 annually* 0 0 91 2017/2018 45 annually; 36 annually; 10 annually; 91 annually; 2022/2023 270 over 6 years 216 over 6 years 60 over 6 years 546 over 6 yrs Over next 526 324 60 910 10 years *Per City Commission Ordinance 16 -16 4. Application Review and Ranking — Every year the Building Permit Allocation application period will open to the public in July and will close in September. Applications will be reviewed and ranked by City staff and the Final Determination of Award will be made by the Planning Board by March of the award year. Based on the level of proposed development, development plan approvals will be reviewed by the relevant Boards and Commissions no later than June of the award year. An application approval and allocation schedule will be published in June of each year with the specific deadlines and dates anticipated for final allocation approvals. BPAS Year 1, 2 and 3 have been allocated as follows: 2016 Annual Report Page 3 of 4 City of Key West October 20, 2016 g Total Number of Units Allocated (ESFU) Allocation Year Market Affordable Rate Affordable Advanced Transient Award Year 1 24 7 15.9 0 Year 2 31 44.1 8.46 0 Year 3 7 14.72 0 0 Subtotal 62 65.82 24.36 0 Total Allocations Remaining 262 435.82 60 (through 2022/2023) * Source: Planning Board Resolutions 2015 -06, 2015 -26 and 2016 -16 CONCLUSION: The Planning Department estimates that a total of 122.55 ESFU remain unallocated and will be reserved as a contingency for potential beneficial use claims that were unanticipated by the City. It is estimated that there are approximately 86 lots of record potentially eligible for Beneficial Use consideration (based on on -going research performed by the Planning Department). While the demand for affordable housing may fluctuate, the recorded lots of record potentially eligible for beneficial use are very likely to remain, at minimum, the identified number (unless the Planning Department is able to determine some other build back right that may be established on the property). Year 1, 2 and 3 of BPAS have allocated a total of 62 market rate units, 90.18 affordable units and 0 transient units. Attachments: A: Year 1, 2 and 3 BPAS Allocations (PB Resolutions 2015 -06, 2015 -26 and 2016 -16) 2016 Annual Report Page 4 of 4 City of Key West October 20, 2016 Exhibit A PLANNING BOARD RESOLUTION NO. 2015 -06 A RESOLUTION OF THE KEY WEST PLANNING BOARD APPROVING BUILDING PERMIT ALLOCATION SYSTEM (BPAS) RANKINGS AND MAKING THE FINAL DETERMINATION OF AWARD OF SEVEN (7) AFFORDABLE AND 24 MARKET -RATE UNITS FROM YEAR 1 (JULY 1, 2013 — JUNE 30, 2014) AND THE ADVANCED AWARD OF 15.9 AFFORDABLE UNITS FROM YEAR 2 (JULY 1, 2014 — JUNE 30, 2015) PURSUANT TO SECTIONS 86 -9 AND 108 -997 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF KEY WEST, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Key West, Florida (the "City ") adopted Ordinance No. 13 -19, which became effective on February 27.2014, establishing a Building Permit Allocation System ("BPAS") in order to limit the amount of new permanent and transient residential development in the City pursuant to Objective 1 -1.16 of the Comprehensive Plan; and WHEREAS, the BPAS is now codified in Chapter 108, Article X of the Land Development Regulations ( "LDRs ") of the Code of Ordinances (the "Code "); and WHEREAS, City Code Section 108 -995 identifies the annual amount of residential development that may be allocated by housing type (affordable, market -rate and transient) using the Equivalent Single- Family Unit (ESFU) Factors of City Code Section 108 -994; and WHEREAS, for Year 1 (July 1, 2013 — June 30, 2014), 55 affordable and 36 market -rate units are available for allocations; and WHEREAS, pursuant to Comprehensive Plan Policy 1- 1.16.1 and City Code Section 108 - Page l of 4 Resolution No. 2015 -06 Chairman I j Planning Director 995, during Year 1 (July 2013- 2014), 48 of the affordable units to be allocated will be dedicated for use at the Peary Court Housing complex property, leaving seven (7) affordable units available for allocations; and WHEREAS, City Code Section 86 -9 provides for the advanced award of units for multi -unit affordable housing projects one year in advance; and WHEREAS, City Code Section 86 -9 provides that, upon ranking, in the event that two applications are determined to have the same numerical ranking score, and units are not available to provide awards to both projects, a drawing of lots will determine the awardee; and WHEREAS, on February 4, 2015, the Planning Board conducted a public hearing regarding the BPAS rankings and Final Determination of Award prepared by the Planning Director; and WHEREAS, a drawing of lots was held for two market -rate applications had the same score and the Final Determination of Award reflects the outcome of that drawing; and WHEREAS, the Planning Board desires to approve the rankings and make the final determination of award for Year 1 and an advanced award from Year 2. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING BOARD OF THE CITY OF KEY WEST, FLORIDA: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. The Planning Board approves the attached rankings and makes its Final Determination of Award of seven (7) affordable units and 36 market -rate units from BPAS Year 1, and the advanced award of 15.9 affordable units from BPAS Year 2 as follows: Page 2 of 4 Resolution No. 2015 -06 __Chairman Planning Director Affordable: • Twenty -nine (29) units with a 0.10 ESFU to 2700 -2706 Flagler Avenue with 60 points; • Twenty (20) units with a 1.0 ESFU to 3800 North Roosevelt Boulevard with 25 points; Market -Rate: • Two (2) units with a 1.0 ESFU to 1028 -1030 Truman Avenue with 75 points; • Eight (8) units with a 1.0 ESFU to 2800 Flagler Avenue with 75 points; • One (1) unit with a 1.0 ESFU to 1315 Whitehead Street with 70 points; • One (1) unit with a 1.0 ESFU to 700 Eaton Street with 65 points; • One (1) unit with a 1.0 ESFU to 700 Amelia Street with 25 points per drawing of lots; and • Twenty -three (23) units with a 1.0 ESFU to 5555 College Road with 25 points per drawing of lots. Section 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Board. Section 4. This resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances (including the Land Development Regulations). After the City appeal period has expired, this permit or development order shall be rendered to the Florida Department of Economic Opportunity. Pursuant to Chapter 73 C -44, F.A.C., this permit or development order is not effective for 45 days after it has been properly rendered to the DEO with all exhibits and applications attached to or incorporated by reference in this approval; that within the 45 -day review period, the DEO can appeal the permit or development order to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved Page 3 of 4 Resolution No. 2015 -06 Chairman k )17Planning Director by agreement or order. Read and passed on first reading at a regularly scheduled meeting held this 1day of (v010, 2015. Authenticated by the Chairman of the Planning Board and the Acting Planning Director. Richar 4 c , Planning . art Chairman Date Attest: A' Z AIZZI Kevi Bon.! A ' ',.Acting Planning Director Date Filed with the Clerk: / f - 1q (5 Cheryl Smith, City CI - k Date Page 4 of 4 Resolution No. 2015 -06 y� Chairman � ' '��7 Planning Director PLANNING BOARD RESOLUTION NO. 2015-26 A RESOLUTION OF THE KEY WEST PLANNING BOARD APPROVING BUILDING PERMIT ALLOCATION SYSTEM (BPAS) RANKINGS AND MAKING THE FINAL DETERMINATION OF AWARD OF 44.1 AFFORDABLE AND 31 MARKET -RATE UNITS FROM YEAR 2 (JULY 1, 2014 — JUNE 30, 2015) AND THE ADVANCED AWARD OF 8.46 AFFORDABLE UNITS FROM YEAR 3 (JULY 1, 2015 — JUNE 30, 2016) PURSUANT TO SECTIONS 86 -9 AND 108 -997 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF KEY WEST, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Key West, Florida (the "City ") adopted Ordinance No. 13 -19, which became effective on February 27, 2014, establishing a Building Permit Allocation System ("BPAS") in order to limit the amount of new permanent and transient residential development in the City pursuant to Objective 1 -1.16 of the Comprehensive Plan; and WHEREAS, the BPAS is now codified in Chapter 108, Article X of the Land Development Regulations ( "LDRs ") of the Code of Ordinances (the "Code "); and WHEREAS, City Code Section 108 -995 identifies the annual amount of residential development that may be allocated by housing type (affordable, market -rate and transient) using the Equivalent Single- Family Unit (ESFU) Factors of City Code Section 108 -994; and WHEREAS, for Year 2 (July 1, 2014 — June 30, 2015), 39.1 affordable and 36 market -rate units are available for allocations; and WHEREAS, City Code Section 86 -9 provides for the advanced award of units for multi-unit affordable housing projects one year in advance; and Page 1 of 4 Resolution No. 2015 -26 Vice- Chairman %?" Planning Director WHEREAS, City Code Section 108- 997(d) provides in the event that all market rate units are not claimed or applied for, after initial staff evaluation of the applications, any remaining market rate units may be awarded for affordable housing purposes; and WHEREAS, City Code Section 86 -9 provides that, upon ranking, in the event that two applications are determined to have the same numerical ranking score, and units are not available to provide awards to both projects, a drawing of lots will determine the awardee; and WHEREAS, on June 29, 2015, the Planning Board conducted a public hearing regarding the BPAS rankings and Final Determination of Award prepared by the Planning Director; and . WHEREAS, the Planning Board desires to approve the rankings and make the final determination of award for Year 2 and an advanced award from Year 3. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING BOARD OF THE CITY OF KEY WEST, FLORIDA: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. The Planning Board approves the attached rankings and makes its Final Determination of Award to applicants for a total of 44.1 affordable units and 31 market -rate units from BPAS Year 2, and the advanced award of 8.46 affordable units from BPAS Year 3 as follows: Affordable: • Two (2) units with a 0.78 ESFU to 1020 18 Terrace with 100 points; • Twelve (12) units with a 1.0 ESFU to 3900 South Roosevelt Boulevard with 85 points; • Thirty -nine (39) units with a 1.0 ESFU to 5555 College Road with 40 points; Page 2 of 4 Resolution No. 2015 -26 - 'i Vice- Chairman /J / Planning Director Market -Rate: • One (1) unit with a 1.0 ESFU to 2800 Flagler Avenue with 100 points; • One (1) units with a 1.0 ESFU to 1020 18 Terrace with 100 points; ■ Twenty -eight (28) units with a 1.0 ESFU to 3900 South Roosevelt Blvd. with 85 points; • One (1) unit with a 1.0 ESFU to 515 Angela Street with 75 points; Section 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Board. Section 4. This resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances (including the Land Development Regulations). After the City appeal period has expired, this resolution shall be rendered to the Florida Department of Economic Opportunity. Pursuant to Chapter 73C-44, F.A.C., this resolution is not effective for 45 days after it has been properly rendered to the DEO with all exhibits and applications attached to or incorporated by reference in this approval; that within the 45 -day review period, the DEO can appeal this resolution to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the resolution until the appeal is resolved by agreement or order. Read and passed on first reading at special meeting held this 29th day of June, 2015. Authenticated by the Vice Chairman of the Planning Board and the Planning Director. Sam Holland, Planning Board Vice - Chairman Date Attest: Page 3 of 4 Resolution No. 2015 -26 Vice - Chairman � if Planning Director f r i of7T jObE owl Thaddeus Cohen, Planning Director Date Filed with the Clerk: A. 9 x al S Cheryl Smith/ ity Clerk Date Page 4 of 4 Resolution No. 2015 -26 01L' Vice- Chairman Planning Director PLANNING BOARD RESOLUTION NO. 2016-16 A RESOLUTION OF THE KEY WEST PLANNING BOARD APPROVING BUILDING PERMIT ALLOCATION SYSTEM (BPAS) RANKINGS AND MAKING THE FINAL DETERMINATION OF AWARD OF 14.72 AFFORDABLE AND 7 MARKET -RATE UNITS FROM YEAR 3 (JULY 1, 2015 — JUNE 30, 2016) PURSUANT TO SECTIONS 86 -9 AND 108- 997 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF KEY WEST, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Key West, Florida (the "City") adopted Ordinance No. 13 -19, which became effective on February 27, 2014, establishing a Building Permit Allocation System ("BPAS") in order to limit the amount of new permanent and transient residential development in the City pursuant to Objective 1 -1.16 of the Comprehensive Plan; and WHEREAS, the BPAS is now codified in Chapter 108, Article X of the Land Development Regulations ( "LDRs ") of the Code of Ordinances (the "Code "); and WHEREAS, City Code Section 108 -995 identifies the annual amount of residential development that may be allocated by housing type (affordable, market -rate and transient) using the Equivalent Single - Family Unit (ESFU) Factors of City Code Section 108 -994; and WHEREAS, for Year 3 (July 1, 2015 — June 30, 2016), 46.54 affordable and 36 market -rate units are available for allocations; and WHEREAS, City Code Section 86 -9 provides that, upon ranking, in the event that two applications are determined to have the same numerical ranking score, and units are not available to provide awards to both projects, a drawing of lots will determine the awardee; and Page 1 of 4 Resolution No. 2016 -16 Ig Chairman Planning Director WHEREAS, on March 17, 2016, the Planning Board conducted a public hearing regarding the BPAS rankings and Final Determination of Award prepared by the Planning Director; and WHEREAS, the Planning Board desires to approve the rankings and make the final determination of award for Year 3 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING BOARD OF THE CITY OF KEY WEST, FLORIDA: Section 1. That the above recitals are incorporated by reference as if fully set forth herein. Section 2. The Planning Board approves the attached rankings and makes its Final Determination of Award of 14.72 affordable units and 7 market -rate units from BPAS Year 3 Affordable: • Eight (8) units with a 0.10 ESFU to 2700 -2706 Flagler Avenue with 60 points; • Two (2) units with a 0.78 ESFU to 725 Duval Street with 55 points; • One (1) unit with a 0.78 ESFU to 1412 Johnson Street with 50 points; • One hundred and eight (108) units with a 0.10 ESFU to Poinciana Gardens with 25 points; • One (1) unit with a 0.78 ESFU to 2303 Linda Avenue with 25 points; Market -Rate: • Five (5) units with a 1.0 ESFU to 725 Duval Street with 55 points; • One (1) unit with a 1.0 ESFU to 2 Go Lane with 50 points; • One (1) unit with a 1.0 ESFU to 2303 Linda Avenue with 25 points; Page 2 of 4 Resolution No. 2016 -16 Chairman -- Planning Director Section 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Board. Section 4. This resolution is subject to appeal periods as provided by the City of Key West Code of Ordinances (including the Land Development Regulations). After the City appeal period has expired, this permit or development order shall be rendered to the Florida Department of Economic Opportunity. Pursuant to Chapter 73C-44, F.A.C., this permit or development order is not effective for 45 days after it has been properly rendered to the DEO with all exhibits and applications attached to or incorporated by reference in this approval; that within the 45 -day review period, the DEO can appeal the permit or development order to the Florida Land and Water Adjudicatory Commission; and that such an appeal stays the effectiveness of the permit until the appeal is resolved by agreement or order. Page 3 of 4 Resolution No. 2016 -16 4. 1\at Chairman lib' _ Planning Director Read and passed on first reading at a regularly scheduled meeting held this 17th day of March, 2016. A nticated by the Chairman of the Planning Board and the Planning Director. -- wn i Ill 31 4(,.. Sam Holland, Planning Board C : • an Date Attest: I /1/7 / alf/(1/ /i/O'' Thaddeus Cohen, Planning Director Date Filed with the Clerk: / 4 ' 5 . - • 3 ' - ' 1 l e Cheryl Smith, City C rk Date Page 4 of 4 Resolution No. 2016 -16 e Chairman I t Planning Director Rick Scott i Cissy Proctor GOVERNOR EXECUTrVE DIRECTOR FLORIDA DEPARTMENT( ECONOMIC OPPORTUNITY December 23, 2016 Mr. Jim Scholl, City Manager City of Key West PO Box 1409 Key West, Florida 33041 Re: Non - awarded Building Permit Allocations Dear Mr. Scholl: The City of Key West has additional building permit allocations that were not issued for years one and three of its Building Permit Allocations as the 2016 Annual Report identified. A Hurricane Evacuation Memorandum of Understanding (MOU) was executed by the City and all the local governments within the Florida Keys during 2012 regarding the distribution of unused building permit allocations. A Work Group of elected officials chosen by and representing each focal government in the Florida Keys participated in four workshops to review the hurricane model inputs, census data, behavioral studies, hurricane forecasting, and traffic flow rates. Numerous scenarios were modeled to estimate maximum build out capacity and to determine the distribution of the remaining allocations that could occur and maintain the 24 hour hurricane evacuation clearance time. The Work Group selected a formula based upon population to determine the number of allocations each local government would be allowed for a 10 year period, through 2023. The MOU distributed the allocations and awarded 910 allocation to the City, and contained a proviso that any remaining allocations not awarded by the City during each building permit year would be distributed among the other local governments. The MOU and the recommendation for distribution of the non- awarded allocations is further memorialized within DEO's 2012 Florida Keys Annual Report to the Administration Commission. In response to the MOU, the City adopted section 108 -995 of the Key West Land Development Code indicating that the number of non - awarded allocations would be reported to Florida Department of Economic Opportunity l Caldwell Building 1 107 E. Madison Street 'Tallahassee, FL 32399 850.245.7105 l www.FloridaJobs.orq www.twitter.com/FLDEO Iwww.facebook.com /FLDEO An equal opportunity employer /program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Jim Scholl December 23, 2016 Page 2 of 3 the Department each year as stipulated to in the MOU (attached). The City has submitted its 2016 report (July 2015 to July 2016) to the Department indicating that during years one and three, allocations remained available that were not requested by the public, and were not awarded. Key West Building Permit Allocation System Awards _ Total for Affordable Year Total Unused Market Peary (Inclusive of Non - Year Rate Affordable Advanced Available Award Court previous ; Allocations awarded year's Allocations advanced) 1 (2013/2014) 24 7 15.9 48 79 91 12 2 (2014/2015 31 44.1 — 8.46 0 91 _ 91 ! 0 3 (2015/2016) 7 14.72 0 0 30.18 91 60.82 Total 62 65.82 24.36 48 200.18 273 I 72.82 In reviewing the 2016 annual report provided by the City Planning Department, it appears that the City has 72.82 building permit allocations that were not awarded during year one and year three (which ended July 2016). The allocations should be distributed to the other local governments in accordance with the MOU by utilizing the following formula: Distribution Formula per 2012 Hurricane Evacuation MOU %of Total Distribution Vacant Parcels Vacant Parcels* Unincorporated Monroe County 56.67 77.83% 8,758 'Marathon 8.29 11.38% 1,281 islamorada 7.18 9.86% 1,109 Key Colony Beach __ 0.60 0.82% 92 + Layton 0.08 0.12% 13 Totals1 72.82 ; 11,253 Jim Scholl December 23, 2016 Page 3 of 3 Monroe County recently conducted an affordable housing meeting to discuss the number of affordable housing allocations being requested by local developers and developers in the City of Marathon. Utilizing all the affordable allocations available to the County and the City of Marathon, there remains a current demand and deficit of 59 allocations to support affordable housing projects. To implement the MOU and the approval by the Governor and Cabinet to distribute the non- awarded allocations, DEO has identified the need for the City to amend its comprehensive plan and land development regulations to reduce the City's total allocation from 910 to 837.18 allocations. The non - awarded allocations may then be distributed accordingly to the other local governments within the Florida Keys. The Department is prepared to work with the City during the drafting of the proposed amendment. Thank you for your consideration in this matter. If you have any questions or require discussions regarding this subject please contact Rebecca Jetton at (850) 717 -8494. Si ncerely, Tay or eepell, Director e" sion of Community Development Attachments Hurricane Evacuation The Florida Keys consist of a chain of islands that are connected by a narrow ri on of U.S. Highway 1, stretching 112 miles and spanned by 19 miles of bridges. The highest point of elevation along these rocky islands is only 18 feet above sea level and there is no point that is more than four miles from the water. The Florida Keys are isolated from the rest of the state and receive electricity and potable water from Florida City, located on the Florida mainland. Although access to and from the Keys is primarily by U.S. Highway 1, some visitors arrive by cruise ship or at one of the two airports serving the Keys. All local governments in the Florida Keys are united by the need to maintain a hurricane evacuation clearance time of 24 hours prior to the onset of hurricane -force winds as prescribed by their local as well as state laws. Evacuation of the Keys' population in advance of a hurricane strike is of paramount importance for public safety. No hurricane shelters are available in the Florida Keys for Category 3 -5 hurricane storm events. 14.014 ••• • ..2( Work Program Task By July 1, 2012, the local v governments of the Florida Keys shall enter into a memorandum of understanding with the state land planning agency, Division of Emergency Management, Marathon, Monroe, Key West, Key Colony Beach, the Village of Islamorada and Layton after a notice, public workshop and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the agency to accurately depict evacuation clearance times for the population of the Florida Keys. In response to the Work Program directive adopted by the Administration Commission, a Hurricane Evacuation Clearance Time Work Group (Work Group) was appointed by the Department of Economic Opportunity. The Work Group included an elected representative from each of the six local governments and a cross section of the population including the tourism industries, chambers of commerce, and community organizations as well as representatives from state and federal agencies. Four workshops were conducted in various locations in the Florida Keys to consider hurricane model inputs, Census data, behavioral studies, hurricane forecasting, military evacuation procedures, traffic flow rates, private property rights, vacant platted lots, and other related research. Public testimony was received and considered. The model was updated with recent statistical information and numerous scenarios were modeled to estimate maximum build out capacity and to determine the remaining allocations that may occur and maintain the 24 hour hurricane evacuation goal. The Work Group recommended strategies for future mitigation, data needs, and the addressed the regional implications of hurricane evacuation. Overall, this exercise resulted in a Memorandum of Understanding which included the agreed upon assumptions and variables to be used for hurricane evacuation modeling exercises. Page 14of21 Since 1992, all local governments within the Florida Keys, with the exception of the City of Key Colony Beach, have limited residential growth through an annual cap on new residential development to ensure the ability of the population of the Florida Keys to safely evacuate. The Work Group made recommendations regarding future building permit allocations for each local government. Marathon, Islamorada, and Monroe County have building permit allocations established by Administration Commission rule and within their adopted comprehensive plans. Layton and Key West have allocations adopted within their adopted comprehensive plans. Key Colony Beach has no allocation established within its adopted plan or within an Administration Commission rule. The Department will work with Key Colony Beach over the next year to develop a comprehensive plan amendment to establish an annual building allocation to alleviate the need for the Administration Commission to undertake rulemaking that is contemplated in the adopted Work Plans for Monroe County, Islamorada, and Marathon. } v` y {j _ - Computer modeling is used to estimate the • • l I I f maximum number of vehicles and people that can be evacuated within the established 24 hour clearance time criteria The x Department utilized the Transportation ,, ,, tV 1 Interface for Modeling Evacuations (TIME) z. Model, a state -of -the -art transportation evacuation model developed for the Florida Division of Emergency Management for statewide application. The TIME Model was updated with 2010 U.S. Census and the 2006 -2010 American Community Survey Flooding - Hurricane Wilma information for the number and occupancy rates of dwelling units by type (site -built and mobile home) and their associated characteristics such as number of people and vehicles per household. Tourist unit data was provided by the Florida Department of Business and Professional Regulation. Tourist unit occupancy rates were collected from Smith Travel Research in coordination with the Monroe County Tourism Development Council. Human behavioral assumptions were provided from studies conducted for the Statewide Regional Evacuation Study Program for the South Florida Region. Roadway characteristics, including roadway capacity and flow rates were provided by the Florida Department of Transportation. Updates to the TIME Model were peer reviewed and approved by the South Florida Regional Planning Council for accuracy of methodology and application. Page 15 of 21 Evacuation Modeling Assumptions and Variables The Memorandum of Understanding included the following assumptions: 1. Tourist Units: There are 13,665 tourist units with approximately 11,287 units occupied (during July) with 100 percent participation for a Category 5 hurricane event. July is the highest month of hotel occupancy. The average car usage is 1.10 vehicles per tourist unit. 2. Mobile Rome Units: There are 8,134 mobile home units with approximately 4,576 occupied units with 100 percent participation for a Category 5 hurricane storm event. 3. Site -Built Units: There are 44,630 site units with approximately 28,053 occupied units. 4. Participation Rate: 90% for a Category 5 hurricane storm event for site -built units. Section 163.3177(8)(a)1, F.S., requires that a proposed comprehensive plan amendment shall be found in compliance with the state coastal high- hazard area provisions if the adopted level of service for out -of- county hurricane evacuation is maintained for a Category 5 hurricane storm event as measured on the Saffir- Simpson scale. 5. Response Curve: 12 hours. 6. Number of Vehicles Unit type: The number of vehicles owned by unit type (Le. mobile home, site - built) was taken from 2006 -2010 American Communities Survey. 7. Vehicle Usage: The percent of vehicles owned that will be used during an evacuation is based upon the 2010 Statewide Regional Evacuation Study Program, South Florida Region: Monroe County Planning Assumptions, Volume 1 -11, Appendix IIIC. 8. Vehicle Usage by the Special Populations: 2,338 vehicles will be evacuated during Phase 1 by Naval Air Station -Key West as confirmed by NAS Key West. The number of vehicles from the Florida Keys Community College is based upon the assumption that each of the 100 dorm beds will contribute one evacuating vehicle per bed. 9. Evacuation Stream: The evacuating traffic from Monroe County is the only traffic demand modeled (Section 163.3178(9), F.S.). 10. Roadway Capacity: Traffic Flow Rates for Emergency Evacuation in the Florida Keys, dated June 18, 2010, submitted by the Florida Department of Transportation. Over 100 hurricane evacuation modeling scenarios were completed based on these input variables and assumptions. These scenarios employed these base assumptions and variables along with additional adjustments to analyze the amount and distribution of additional development in the Florida Keys. Specific scenarios which provided significant evacuation clearance time information were validated by staff from the South Florida Regional Planning Council to ensure there were no errors regarding assumptions, inputs and reported clearance times. Page 16 of 21 `Res t, 13,17.19, Is.ao rAG Work Program Task By July 1, 2012, the state land planning agency (agency) shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The agency will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24 -hour evacuation clearance time. If necessary, state land planning agency shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission. As a result of the scenario analysis, the Department recommends that a maximum of 3,550 additional allocations could be distributed over the next ten years beginning in July 2013 among the Florida Keys' jurisdictions while maintaining the evacuation clearance time of 24 hours. Development that will occur between the years 2010 -2013 will account for an additional 883 units. Below describes in detail the hurricane evacuation clearance time results from those scenarios used to identify the building permit allocations. Evacuation Clearance Time Results The phased evacuation approach is a form of mitigation, by initiating an earlier evacuation notice for the transient population, the military personnel, and those located in :: i. more vulnerable structures (mobile home residents). The i a , S i h Florida Keys' approach to hurricane evacuation consists of ; , N 1 s ► '- ,� a phased, two day (48 -hour) evacuation sequence. This ` ` 1 approach to evacuation is modeled by breaking evacuation modeling into two parts, Phase I and Phase II. During the` A t. first day (Phase I), and 48 hours prior to anticipated landfall f 1 5 r h e 1 of hurricane force winds, tourists, mobile home residents and military personnel not needed for emergency operations evacuate while those residents who live in site -built homes t leave during the second day (Phase II). The adopted 24- hour limit on the evacuation of the permanent population refers to those residents who live in site -built homes which are analyzed under Phase II evacuation scenarios. `' ` Page 17 of 21 Phase II Evacuation Scenarios Of the hurricane evacuation scenarios presented on June 8, 2012, the Work Group recommended Scenario M5 which provides for the continuation of the existing annual building permit allocations that have been adopted by either rule and /or comprehensive plan amendment for all local governments with the exception of Key Colony Beach and Key West. Scenario M5 assumed that the military, mobile home residents and tourists will leave during Phase I and 15% of existing mobile homes would convert to site -built homes. Scenario M5 produced an evacuation clearance time of 24 hours with a future allocation of 3,550 new residential building permits. Additional scenario runs were conducted to include building permit allocations that may have been awarded between the time of the 2010 Census and July 2013, the starting date of the new allocations, if approved by the Administration Commission. Scenario BA -3 takes the assumptions and variables of Scenario M5 and includes 3 additional years of allocations being awarded by Monroe County, the Village of Islamorada, and the Cities of Marathon, Layton and Key Colony Beach from between 2010 to 2013. Scenario BA -3 produced an evacuation clearance time of 24 hours. Phased Evacuation Day One Day Two Phase I Phase 2 Nlobilo Home Residents Ordered to batuate tcm, dTrepicai 48 42 36 starrn force wRnds 30 24 18 12 6 0 7m 1 pm 79m ism 7enf 1 p 70m lam lam TouNstt Ordered SitvbuUt Norte to brunet* Residents Ordered tolvnvMe • Based on existing infrastructure and evacuation strategies, computer modeling indicates that the projected maximum build out for the Florida Keys is the development of an additional 3,550 vacant lots beginning July 2013 while maintaining the 24 hour evacuation clearance time as required by section 380.0552(9)(a)2., F.S. Unless infrastructure improvements are made, land acquisition is accelerated, or additional modifications are made to the evacuation clearance time Page 18 of 21 and strategies, there is the potential that approximately 7,000 vacant lots will not be able to secure residential building permits without exceeding the 24 hour evacuation criteria. Additional efforts must be made to accelerate land acquisition, develop additional mitigation strategies, or improve roadway infrastructure. Work Program Task By March 31, 2012, the Area of Critical State Concern staff shall amend the agendas for the Hurricane Evacuation Clearance Modeling Workshops to include the potential for future transient allocations and their impact on hurricane evacuation clearance times. (January 18, 2012 Administration Commission Action) Phase I Evacuation Scenarios During the last annual reporting period, the Administration Commission directed staff to analyze the impacts of new tourist unit development in the Florida Keys since the Building Permit Allocation Systems used by Monroe County, Islamorada and Marathon have not assigned any allocations for the development of transient units for the last 10 years. The prohibition on transient unit allocations was x ' w+wr developed in recognition of the more than 11,000 vacant platted lots that exist in the Keys. Transient units typically are awarded as multiple units ', on one parcel. Since evacuation of the Keys is • limited by the existing infrastructure with no !a substantive plans in place to ; 0 augment the transportation system, the allocation of the F16p.t Stofn l/p! Cu inl NIM,I111ion: g t ,ROit s tom units to vacant residential lots ; +ol • � + Va V. �,n}k�C.q•s d,,.., ,, air xv��� t •..k) *I - ,..>., +,.. VAN • ey gn,. s r.we n rna x, tr has been a priority in order to ° - • -- -'-� -- - - -- � r�.• =• " -1-`� � : =_-.�� P y Po�tcrr,aPtrsd � - 'Mls limit potential takings cases. `� "• rs ,: • r.., .,,.. �.,., ... _ aan 1.; In response to a request for economic development assistance from the City of Marathon, the Administration Commission awarded the City 100 new tourist units with the potential for an additional 100 units to come from the Administrative Relief pool and /or the City's future building permit allocations. To analyze the potential impacts of additional tourist development, a series of Phase I scenarios were conducted. The assumptions for all Phase I evacuation scenarios were consistent with the evacuation stream containing all of the tourists, mobile home residents and military evacuating. Page 19 of 21 The month of July had the highest occupancy rate in the Keys when compared month by month. Using July tourist occupancy rates provided an evacuation clearance time of 16 hours and 30 minutes (Scenario Ti). Members of the public urged the use of a scenario using the highest weekend occupancy rate which was Labor Day Weekend, (Saturday, September 3, 2011). This scenario provided an evacuation clearance time of 17 hours and 30 minutes. An additional scenario was conducted by increasing tourist units by an additional 215 units in Key West while using the July occupancy rates which provided an evacuation clearance time of 16 hours and 30 minutes (Scenario T5). An additional concern expressed by the Work Group is the high vacancy rate of existing site - built units. A Phase 1 scenario was developed that added approximately 16,577 site -built units considered vacant by the 2010 U.S. Census as tourist units (Scenario VSBT) and this provided an evacuation clearance time of 23 hours and 30 minutes. However, it must be understood that the use of the additional vacant units in this scenario was generalized. There is the potential of an unknown number of units being double counted as the assumption of using all site -built units considered vacant which could include those units already identified as tourist units. Additional evaluations would be needed to understand this situation in the future. Page 20 of 21 Building Permit Allocation Recommendation The Work Group recommended the continuation of adopted allocations for each local government with 6 units per year allocated to Key Colony Beach and 91 to the City of Key West, including a provision that the City of Key West would transfer annually (by July 15 any remaining allocations for the year to the other local governments. The unused allocations would be distributed to the other local governments based upon the local governments' ratio of vacant platted land. The vacant land analysis is the comparison of each local government's vacant land percentage to the whole of all the vacant lands in the Florida Keys. If, for example Key West had 51 units remaining, the table below illustrates how redistribution would be carried out. Redistribution of 51 Annually unused Key West Units % of Total % of Surplus Local Government Vacant Vacant Key West Allocation Parcels Parcels Allocations Islamorada 28 1,109 9.86% 5.03 Key Colony Beach 6 92 0.82% 0.42 Layton 3 13 0.12% 0.06 Marathon 30 1,281 11.38% 5.81 Monroe County 197 8,758 77.83% 39.69 Total 2 11,253 100.00% 51.00 The typical planning time frame for local governments to award their allocations is ten years. Local governments can, if they wish, expand their allocation planning horizon past ten years. The hurricane evacuation scenario modeling was based on ten years of growth since the U.S. Census only comes out every ten years. The Department will continue to monitor the rate of growth in the Florida Keys and will run additional hurricane evacuation scenario exercises as circumstances change. The allocation issue will need to be reevaluated after 2020 when the next U.S. Census is completed and published. ` See Technical Appendix for full listing of Vacant Land Analysis Page 21 of 21 Hurricane Evacuation CIearance Time Member Comments and DEO Response August 10, 2012 1. Kev West Comment: The Memorandum of Understanding (MOU) fails to describe and apportion among the jurisdictions the 3,540 additional ROGO and/or BPAS allocations which the Hurricane Evacuation Modeling effort and Work Group determined could be accommodated in the Florida Keys in a ten year period while maintaining the state mandated 24 -hour evacuation clearance time. Response: The Work Group's recommendation of Scenario M5 is included in the "Whereas" section of the MOU and the scenario contains the allocation and distribution of building permits. We have no authority to include the allocation in the MOU until approved by the Administration Commission. 2. Key West Comment: (a) The 2012 Hurricane Evacuation Work Group Report needs to be an exhibit to the MOU. (b) Page 5 of the MOU, item H.1; City staff recommends that the word "should" be changed to "shall" with reference to the closure of state parks and the limitation of entry of non - residents into the Keys, at the 48 -hour period preceding the landfall of tropical storm force winds. Response: (a) The Work Group Recommendations is a staff report. (b) The phrasing is from the adopted comprehensive plans of the local governments. 3. Kev West Comment: On page 6, the "Termination" clause provides that any party to the MOU may terminate with or without cause. It is the City staff's opinion that such language renders the reason for the entire MOU moot. Why have an agreement on which so much is reliant if any party can abandon the agreement at any time? The only way to remedy this weakness is to implement all its provisions in a rule of the Administration Commission that requires each jurisdiction to incorporate the principles, assumptions, data and variables into their respective Comprehensive Plans by a date certain to coincide with allocations of new BPAS/ROGO. Response: The Comprehensive Plan controls the allocations assigned to each local government. If a local government wishes to terminate the MOU and amend the plan to change the allocation, the local government would need to present data and analysis which would supersede what has been presented to the Work Group and set forth in the MOU by both the Department of Economic Development (DEO) and the Florida Division of Emergency Management (DEM). According to Section 380.0552(9)(a)2., Florida Statutes, and Rules 28- 18.400(5)(a)7., 28- 19.310(5)(a)2., and 28- 20.140(5Xa)11., Florida Administrative Code, the model used to depict hurricane evacuation clearance times for the Florida Keys must be acceptable to DEO, using only professionally acceptable methodology and sources of information as they are released. In regards to "professionally acceptable methodology and sources of information ", the population data used in the Transportation Interface for Modeling Evacuations, or TIME Model was based on the US Census and supplemented by the American Community Survey. The US Census, which contains the official population counts, only comes out every 10 years; there will be no new US Census data available prior to 2020. The American Community Survey is an annual survey which has three products: 1 -year, 3- year and 5 -year. Out of the three, the 5 -year estimate is the most reliable in providing a projected characteristic trend for the population. The American Community Survey data, however, would also need to be anchored in US Census data since it only provides the characteristics of a population such as housing traits and vehicle ownership. Additionally, the TIME Model was created for the state of Florida and is based upon the best available data. Any new studies and their associated methodology to be used with the TIME Model would need to be reviewed and approved by DEM to ensure that statewide protocols for hurricane evacuation modeling are met and utilized. This is a substantial hurdle to overcome for a local government who would want to terminate and choose another model and/or data to represent them. Finally, the intent of the hurricane evacuation work items under the Work Program was coordination not only between the local governments and the state, but also amongst the local governments who share the one evacuation route, US 1. The actions of one local government will have significant impacts on the others. 4. Islamorada Comment: Working Group Recommendation 8. Regarding Key West allocations: needs to clearly state that allocations must be both allocated and building pemmits must be issued and progressing; or if at any time such allocation or permit expires that allocation/permit is then removed from Key West and transferred to the other local governments otherwise allocations could simply be allocated with no other follow - up which clearly was not the intent or understanding of the other local governments. Unfortunately we must use the "trust but verify" approach here. If this does not occur I cannot guarantee that any other local governments will agree to Key West receiving their full allocation. Response: We are not authorized to address this in the MOU. It is up to the Administration Commission or the City of Key West. However, a procedure will be developed to obtain the number of unused allocations annually and distribute the building permit allocations to the receiving local governments through a plan amendment. Key West would amend its plan to decrease the allocation at periodic intervals. g i . rir Hurricane Evacuation Clearance Time Member Comments and DEO Response August 10, 2012 1. Key West Comment: The Memorandum of Understanding (MOU) fails to describe and apportion among the jurisdictions the 3,540 additional ROGO and/or BPAS allocations which the Hurricane Evacuation Modeling effort and Work Group determined could be accommodated in the Florida Keys in a ten year period while maintaining the state mandated 24 -hour evacuation clearance time. Response: The Work Group's recommendation of Scenario M5 is included in the "Whereas" section of the MOU and the scenario contains the allocation and distribution of building permits. We have no authority to include the allocation in the MOU until approved by the Administration Commission. 2. Key West Comment: (a) The 2012 Hurricane Evacuation Work Group Report needs to he an exhibit to the MOU. (b) Page 5 of the MOU, item H.1; City staff recommends that the word "should" be changed to "shall" with reference to the closure of state parks and the limitation of entry of non - residents into the Keys, at the 48 -hour period preceding the landfall of tropical storm force winds. Response; (a) The Work Group Recommendations is a staff report. (b) The phrasing is from the adopted comprehensive plans of the Local governments. 3. Key West Comment: On page 6, the "Termination" clause provides that an party to the MOU may terminate with or without cause. It is the City staff's opinion that such language renders the reason for the entire MOU moot. Why have an agreement on which so much is reliant if any party can abandon the agreement at any time? The only way to remedy this weakness is to implement all its provisions in a rule of the Administration Commission that requires each jurisdiction to incorporate the principles, assumptions, data and variables into their respective Comprehensive Plans by a date certain to coincide with allocations of new BPAS/ROGO. Response: The Comprehensive Plan controls the allocations assigned to each local government. If a local government wishes to terminate the MOU and amend the plan to change the allocation, the local government would need to present data and analysis which would supersede what has been presented to the Work Group and set forth in the MOU by both the Department of Economic Development (DEO) and the Florida Division of Emergency Management (DEM). According to Section 380.0552(9)(a)2., Florida Statutes, and Rules 28- 18.400(5)(a)7., 28- 19.310(5)(a)2., and 28- 20.140(5)(a)11., 1 Rick Scott }, Hunting F. Deutsch GOVERNOR EXECL - RYE DIRECTOR FLCRI DEPARTMENT ECONOMIC OPPORTUNITY November 20, 2012 The Honorable Rick Scott, Governor Pam Bondi, Attomey General The Capitol The Capitol Tallahassee, Florida 32399-0001 Tallahassee, Florida 3:2399 -1050 Adam Putnam, Commissioner of Ag culture Jeff Atwater, Chief Financial Officer The Capitol The Capitol Tallahassee, Florida 32399 -0810 Tallahassee, Honda 32399 -0300 Re: 2012 Florida Keys Area of Critical State Concern Annual Report Dear Governor and Members of the ' dministration Commission: Pursuant to Section 380.0552(4)(b), lorida Statutes (F.S.), the Florida Department of Economic Opportunity (Department) is please to transmit its 2012 Florida Keys Area of Critical State Concern Annual Report. Section 38$.0552(4Xb), F.S., requires the preparation of a report that describes the progress of the Florida Keys Area of Critical State Concem toward completing the tasks of the Work Program. The Administration Commission iss • a report on February 17, 2012, tc Monroe County, the City of Marathon and the Village of I lamorada outlining the strategies necessary . `or completion of Work Program tasks. The report as issued in the form of a table deta ling the strategies and the tasks with the relevant target dat =s for completion. The Department's report includes information submitted by Monroe County, the City of Marathon, the Village of Islamorada, the Key Largo Wastewater Treatmftrit Distract, the Florida Department of Health, the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commissi ,n. Based upon this input, the Department's own review, and coordination with the local go ernments on the chief findings, the attached report: is provided for your consideration. The Department has evaluated the nformation provided by the local governments and state agencies against the Administration •mmission Report and the Work Program requirements. The Department recommends that t City of Marathon, the Village of islemorada and Monroe County have made substantial p ogress towards accomplishing the strategies of the Administration Commission Report. Florida Department of Economic Opportunity I e Caldwell Buttding 1 107 E. Madison Street 1 Tallahassee, Fi... 32399 -4126 868.FLA.2345 i 850.245.7105 1 850.921.3223 Fax i www.FlortdaJobs om 1 wvActwitter.com/FLDEO ivww.facetooc.aonVFLO _Q An equal opportunity employer /program. Auxiliary ai and services are available upon request to Indiviiaais vrith ctsabUdles ,411 voice telephone numbers on this document may be rea had by persons using TTY)TDD equipment via the Florida Relay Service at '111. The Honorable Rick Scott, Governor Members of the Administration Commission November 20.2012 Page 2 of 2 in accordance with its statutory ch rge found in Section 3B0.0552(4)(c' F.S., the Department recommends the following actions: (1) Accept the Departmen 's 2012 Annual Report for Monroe County, the City of Marathon and the Villag of isiamorada; (2) Continue the Florida K ys Area of Critical State Concern designation in order to complete the Work Prog m requirements; (3) Accept the Departme is recommendation that substantial progress toward accomplishing the strat les of the Work Program has bee i achieved for Monroe County, the City of Mara on, and the Village of Islamorada; aid (4) Accept the Department' recommendation of a building perriit allocation of 3.550 units to be distributed mong the local governments of the Florida Keys with a provision that the City f Key West would transfer annually (by July 15th) any remaining allocations fo the year to the other local governments. The Department appreciates the fforts of the local governments and locks forward to continuing our cooperative relations ip with the Florida Keys communities and working with all parties to fully achieve the goals of t e Work Program. Sincerely, • • g F. Deut ch is : ecutive Director HD /rj Enclosures: Department of Economi Opportunity 2012 Florida Keys Anruai Report cc: The Honorable David Rice, May r, Monroe County The Honorable Mike Cinque, M or, City of Marathon The Honorable Ken Philipson, Mayor, Islamorada, Village of Islands The Honorable Craig Cates, Mayor, City of Key West The Honorable Ron Sutton, Mayor, City of Key Colony Beach The Honorable Norman Andersen, Mayor, City of Layton ADMINISTRATION COMMISSION 8 1 GOVERNOR SCOTT: Good morning, Jesse. 2 Mk.. PANUCCIO: Thank you, Mark. And thank 3 you, Governor Scott, General Bondi, CFO Atwater, 4 and Commissioner Putnam. I appreciate the 5 opportunity to be•here today on behalf of the 6 Department of Economic Opportunity. 7 I would like to start out by introducing to 8 the Commission Bill Killingsworth. Bill has 9 recently joined DEO as its new director of the 10 Division of Community Development, and we're very 11 fortunate to have him. Bill, if you could just 12 raise your hand or stand up. Thank you. 13 Here with me today also are several DEO staff 14 members who did great work in compiling the report, 15 Rebecca Jetton, Jeannine Kelsick, and Barbara 16 Powell. Sherry Spiers and Chris Long have also 17 provided legal advice on these issues. And I would 18 also like to thank Jeff Alexander from the 19 Northeast Regional Council, Dick Ogburn of the 20 South Florida Regional Planning Council, and Andrew 21 Sussman with the Division of Emergency Management. 22 These individuals worked closely with DEO on the 23 hurricane evacuation model. 24 Turning to the first slide, our report 25 provides the status of the scheduled tasks adopted ACCURATE STENOTYPE REPORTERS, INC. ADMINISTRATION COMMISSION , 9 1 by this Commission for Monroe County, Marathon, and 2 Islamorada. These tasks were part of a work 3 program that was adopted by the Commission in 2010, 4 I The scheduled completion date is December 31st of 5 2015. Today I would like to focus on two primary 6 topics, the status of wastewater connections and 7 hurricane evacuation clearance time. 8 With •respect to the wastewater issue, in 1999 9 the Florida legislature adopted heightened Z wastewater treatment standards to improve and 11 protect nearshore water quality in the Florida 12 Keys. All existing wastewater treatment facilities 13 must be connected to central sewer or be upgraded 14 by the end of 2015. All but one wastewater plant 15 has been constructed. Groundbreaking for this 16 plant, the Cudjoe facility, took place on 17 February 25th of this year. Approximately 47 28 percent of the connections for Monroe County, 19 Islamorada, and Marathon have been completed to 20 date. 21 As for hurricane evacuation, DEO staff working 22 with the Division of Emergency Management, the 23 South Florida Regional Planning Council, and all 24 six Florida Keys local governments reached 25 agreement on the input variables and assumptions to ACCURATE STENOTYPE REPORTERS, INC. ADMINISTRATION COMMISSION 10 1 model hurricane evacuation clearance time for the 2 Florida Keys. The effort resulted in the 3 determination that 3,550 additional residential 4 units could be built while maintaining the 24 -hour 5 clearance time. 6 I'll now provide a brief overview of progress 7 made by the specific local governments. 8 Monroe County completed 68 percent of the 9 tasks scheduled for this year. Some tasks remain 10 to be completed, while others were superseded by 11 alternative action. 12 The remaining tasks for Monroe County involve 13 the adoption of tier maps into the Comprehensive 14 Plan to improve habitat protection. The County has 15 been delayed in adopting the tier overlay zones 16 into the Comprehensive Plan due to additional 17 requests made by the Tier Review Committee, The 18 County is conducting public hearings this month to 19 designate additional tiers, and I have instructed 20 my staff to work closely with the County to ensure 21 completion of the assigned tasks. 22 As for alternative action, instead of applying 23 for wastewater grants, the County received 24 $30 million from the Save Our Everglades Trust 25 Fund. The County was also successful in passing a ACCURATE STENOTYPE REPORTERS, INC. ADMINISTRATION COMMISSION 11 1 a half -cent sales tax referendum that will provide 2 local funding for wastewater. This combination of 3 local and state efforts has provided the funding 4 needed for construction of the Cudjoe facility. 5 Islamorada, I'm happy to report, has completed 6 100 percent of the scheduled tasks for this year. 7 Islamorada selected a design, build, operate, and 8 finance contractor for the construction of the 9 wastewater collection system. Islamorada entered 10 into a contract with Key Largo Wastewater Special 11 District to treat wastewater generated in 12 Islamorada at a cost. of $10.6 million. 13 And Marathon completed 86 percent of the 14 scheduled tasks this year. The tasks not completed 15 were related to land acquisition funding and the 16 number of connections completed in Subarea 3. I've 17 instructed DEO staff to assist the City of Marathon 18 in developing land acquisition strategies. The 19 City was successful in converting $23.9 million of 20 wastewater commercial loans to state revolving fund 21 loans. All wastewater plants and stormwater 22 systems have also been constructed. 23 At the Commission's direction, staff conducted 24 additional hurricane evaluation modeling and 25 determined there would be a de minimis increase to ACCURATE STENOTYPE REPORTERS, INC. _ ADMINISTRATION COMMISSION 12 1 evacuation time as a result of awarding 100 hotel 2 units to Marathon. The City has approved 3 construction plans for 65 of the 100 hotel units. 4 Therefore, based on this year's report, DEO 5 respectfully submits that the Administration 6 Commission should, first, accept the Department's 7 recommendation that progress toward accomplishing 8 the strategies of the work program have been 9 achieved for Monroe.County, the City of Marathon, 10 and the Village of Islamorada, and that their 11 designation should continue. Second, we suggest that the Commission accept 13 the Department's recommendation of a building 14 permit allocation of 3,550 units to be distributed 15 among the local governments of the Florida Keys, 16 with a provision that the City of Key West transfer 17 annually by July 15th any remaining allocations for 18 the year to the other local governments. 19 I very much thank the Commission for the 20 opportunity to be here. 21 MR. KRUSE: Thank you. Before we get to our 22 speakers, Representative Holly Raschein asked to 23 note that she was in attendance in support of this 24 item; but that she had to leave to attend a 25 legislative committee meeting. ACCURATE STENOTYPE REPORTERS,. INC. ADMINISTRATION COMMISSION 24 1 way out. We respectfully submit that the hurricane 2 evacuation study is based on the most generous 3 assumptions available. Forty -eight hours of lead 4 evacuation time, only in the event of a Category 3? 5 Forty -eight hours, it's going to be south of Cuba, 6 and it's going to be a Category 2. It's not going 7 • to get the warm waters of the Gulf until it gets 8 closer to the Keys. 9 So what do we ask? It's very simple, We ask 10 that the 3,500 units be allocated over 20 years 11 rather than 10 years to allow for the 12 municipalities and the County to catch up. We ask 13 that the tier system be incorporated into the 14 Comprehensive Plan, which the County has already 15 expressed a willingness to do so, and that's great. 16 And we ask that you go to the people on both sides 17 of this building and ask them to give some more 18 money to acquire the habitat in the precious 19 Florida Keys. 20 Thank you so much. 21 GOVXMOR SCOTT: Thank you for being here. 22 MR. KRUSE: To conclude this item, staff 23 recommends that the Commission accept the 24 Department's 2012 Florida Keys Area of Critical 25 State Concern Annual Report and transmittal letter ACCURATE STENOTYPE REPORTERS, INC. ADMINISTRATION COMMISSION 25 1 and approve all recommended actions contained in 2 the Department's 2012 annual report; and (2), 3 direct Commission staff, with the assistance of 4 Department staff, to prepare and issue a 30 -day 5 report detailing the work program tasks that must 6 be completed by Monroe County, the City of 7 Marathon, and the Village of Islamorada within the 8 next 12 months, to include technical adjustments. 9 GOVERNOR SCOTT: All right. Thank Y ou. 10 First I would like to congratulate Monroe 11 County, the City of Marathon, and the Village of 12 Islamorada on the substantial progress toward water 13 quality improvements that have been made in the 14 Keys. I would also like to recognize the Hurricane 15 Evacuation Work Group that considered the delicate 16 balance to be had in the Keys between public safety 17 and property rights. The workshops held around the 18 Keys considered the hurricane model inputs, census 29 data, behavioral studies, hurricane forecasting, 20 military evacuation procedures, traffic flow rates, 21 private property rights, and vacant platted lots. 22 The hard work dedicated by the state and local 23 governments should be applauded to make certain we 24 provide the appropriate growth, while maximizing 25 safety for residents and visitors alike in the ACCURATE STENOTYPE REPORTERS, INC. ADMINISTRATION COMMISSION 26 1 Keys. 2 Is there a motion to approve the item? 3 COMMISSIONER PUTNAM: So moved. 4 GOVERNOR SCOTT: Is there a second? 5 ATTORNEY GENERAL BONDI: Second. 6 GOVERNOR SCOTT: Any comments or objections? 7 Hearing none, the motion carries. 8 MR. KRUSE: Thank you. We have two more 9 items. Item 3, request authorization to publish 10 Notices of Proposed Rule Amendment to update Rules 11 28- 101.001 and 28- 109.005. If no requests for 12 public hearing are received as a result of the 13 notices, we also request authorization to file for 14 final rule amendment. 15 GOVERNOR SCOTT: Is there a motion to approve? 16 ATTORNEY GENERAL BONDI: So moved. 17 GOVERNOR SCOTT: Is there a second? 18 CFO ATWATER: Second. 19 GOVERNOR SCOTT: Any comments or objections? 20 Hearing none, the motion carries. 21 'MR. KRUSE: Lastly, request withdrawal of Item 22 Number 4 for further review. 23 GOVERNOR SCOTT: Is there a motion to withdraw 24 this item? 25 CFO ATWATER: So moved. ACCURATE STENOTYPE REPORTERS, INC. •, City of Key West, SHall treet FL Old City 510 Greene Street Key West FL 33040 " Meeting Agenda Full Detail City Commission Tuesday, August 21, 2012 6:00 PM Old City Hall ADA Assistance: It is the policy of the City of Key West to comply with all requirements of the Americans with Disabilities Act (ADA). Please call the TTY number at 305 - 809 -1000 or the ADA Coordinator at 305 -809 -3951 at least five business days in advance for sign language interpreters, assistive listening devices, or materials in accessible format. CALL MEETING TO ORDER ROLL CALL INVOCATION - Pastor Timothy Jemly, Impact Community Church PLEDGE OF ALLEGIANCE TO THE FLAG APPROVAL OF AGENDA PRESENTATIONS 1 Fair Housing Sponsors: Mayor Cates Attachments: Support Document 2 Florida Keys Assisted Care Coalition Sponsors: City Manager Vitas City Attorney's Report City Manager's Report CONSENT AGENDA` *Item is considered to be routine and enacted by one motion with no separate discussion, unless requested by a Commission Member or citizen, in which event the item will be removed from the order and considered in its normal sequence on the agenda. The City of Key West may take action on any matter during this meeting, including items that are not set forth within this agenda. City o/ Key West, FL Page 1 H Printed on 8/20/2012 City Commission Meeting Agenda Full Detail August 21, 2012 MINUTES 3 *June 19, 2012 (Regular) Attachments: Minutes 4 *July 17, 2012 (Regular) Attachments: Minutes 5 *July 23, 2012 (Workshop) Attachments: Minutes RESOLUTIONS 6 *Appointing Neil Shelby Mellies II to the Tree Commission Sponsors: Mayor Cates Attachments: Resolution Resume 7 *Authorizing Fogarty's to conduct a Red Party event at 227 Duval Street on Wednesday, October 24, 2012 from 12:00 Noon to 4:00 A.M. pursuant to terms and conditions set forth by the City Manager; Authorizing the closure of Caroline Street between Duval & Simonton Streets from 8:00 A.M. to 6:00 A.M.; Granting a Special Event Permit pursuant to Section 6 -86 of the Code or Ordinances from 12:00 Noon to 4:00 A.M.; Authorizing the sale and consumption of alcoholic beverages within the enclosed area. Sponsors: City Manager Vitas Attachments: Resolution `Large File` Application Advertisement 8 *Granting a Special Event Permit pursuant to Section 6 -86 of the Code of Ordinances to the Pier House Resort & Caribbean Spa for an event to take place during the hours of 8:00 P.M. to 11:30 P.M. on Thursday, October 25, 2012. Sponsors: City Manager Vitas Attachments: Resolution Application Advertisement City of Key West, FL Page 2 Printed on 8/20/2012 City Commission Meeting Agenda Full Detail August 21, 2012 9 *Authorizing the Key West Art Center to conduct a Craft Show on Saturday, January 26, 2013 and Sunday, January 27, 2013 during the hours of 10:00 A.M. to 5:00 P.M.; Pursuant to terms & conditions set forth by the City Manager; Authorizing the closure of Whitehead Street between Greene Street and Eaton Street including Caroline from Telegraph to Whitehead Street on January 26, 2013 and January 27, 2013 from 6 :00 A.M. to 8:00 P.M. Sponsors: City Manager Vitas Attachments: Resolution *Large File* Application Adverstisement 10 *Ratifying the award of the Bid of Smith Industries, Inc. d /b /a Smith Fence Company in response to ITB 12 -029 in a total amount not to exceed $1,445,302.49, for Ornamental Fencing Replacement at the Navy Mole Pier; Approving necessary budget amendments. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary City Clerk Bid Tabulation Memo Douglas N Higgins Proposal Smith Industries, Inc. Proposal US Fence & Gate, Inc. Proposal NAVFAC Award Approval Notice of Award Navy In -Kind Letter 'LARGE FILE* Bid 12 -029 'LARGE FILE` Addendum 1 Addendum 2 City of Key West, FL Page 3 Printed on 8/20/2012 City Commission Meeting Agenda Full Detail August 21, 2012 11 *Authorizing the execution of the attached Modification Number Four to "Federally funded subgrant agreement" Contract Number 11 HM- 2V- 11 -54 -02 -004 (State FEMA Project No: HMGP 1539 -47 -R; State Project No: 1539 -116) with the State of Florida Division of Emergency Management (FDEM) for Phase 1 FEMA funding for the East Front Street Flood Mitigation Project, to extend the period of performance; Increasing Federal Funds by $30,585.00 for a total of $173,858.00; Authorizing a Budget amendment to increase the local share amount by $10,195.00 to $57,953.00. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Contract Modification 4 Resolution 11 -123 Resolution 11 -228 Resolution 12 -079 Resolution 12 -222 Resolution 12 -036 Resolution 12 -200 12 *Approving Modification #2 to Contract No. 12HM- 3B- 11 -54 -02 -001 from the State of Florida Division of Emergency Management to extend the term of Phase II FEMA funding for the Patricia /Ashby Streets drainage area project to February 28, 2013; Authorizing the City Manager to execute Modification #2 to Contract No. 12HM- 3B- 11 -54 -02 -001. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Modification #2 Resolution 11 -076 Resolution 11 -220 Resolution 12 -015 City of Key West, FL Page 4 Printed on 8120/2012 City Commission Meeting Agenda Full Detail August 21, 2012 13 *Extending the Contract for Lanzo Construction, Inc. for the construction of the Patricia /Ashby Street Stormwater Emergency Outfall Project to December 7, 2012 on a no -cost basis. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Contractor Lanza Construction Co. Request for 60 Day Time Extension Project Engineer of Record Letter of Support for No -Cost Extension Resolution 11 -347 14 *Awarding the Bid of Griffin Pump & Equipment, Inc. in the amount not to exceed $50,508.64 in response to ITB #12 -022 for the purchase of a six Inch Trash Pump Dewatering System; Authorizing budget transfers. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary City Clerk Bid Tab Letter of decline from Holland Pump Company Griffin Pump & Equipment Bid Holland Pump Company Bid 'Large File' H D Supply Waterworks, Ltd Bid `Large File' Rain For Rent Bid Trash Pump Bid Docs 15 *Rescinding Resolution 12 -224; Authorizing a Purchasing Exception pursuant to Section 2 -797 of the Code of Ordinances, to allow cumulative expenditures during FY 11 -12 to Certified Records Management (CRM) for records storage in a total amount not to exceed $37,500.00; Authorizing necessary budget transfers. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary City of Key West, FL Page 5 Printed on 8/20/2012 City Commission Meeting Agenda Full Detail August 21, 2012 16 *Authorizing the City Manager to enter into an Agreement with Bank of New York Mellon, property owner(s) in Code Compliance Case Number 09 -2058 (923 Eaton Street) permitting a release of Lien upon payment by the owners of a mitigated amount of $20,000.00. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Email - Nicholas Vanhook and Mark Finigan Letter from McCalla Raymer Lien Findings and Order 17 *Approving a Memorandum of Understanding with the State of Florida, Monroe County, The City of Marathon, The City of Key Colony Beach, The City of Layton and the Village of Islamorada to implement the findings and recommendations of the Florida Keys Hurricane evacuation clearance time work group report. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary "Large File" Final HEM Clearance Time Work Group Proposed Memo of Understanding (MOU) Support Document 18 *Extending the term of the contract of Imperial Electrical Inc. to Retrofit Local Park Ball Field Lighting to May 3, 2012 at no cost. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Approved Change Order Contract Resolution 11 -189 Public Hearing 19 First Public Hearing - Community Block Grant (CDBG) program FFY 2012 application. Sponsors: Mayor Cates Attachments: Support Documents ORDINANCES - SECOND READING (Public Hearing) City of Key Wes; FL Page 6 Printed on 8/20/2012 City Commission Meeting Agenda Full Detail August 21, 2012 20 An Ordinance of the City of Key West amending Chapter 108 of the Code of Ordinance entitled "Planning and Development" by amending Section 108 -680 and Section 108 -681 to provide an exception for properties in the SF and MDR Zoning Districts; Amending Section 108 -682 to clarify exceptions; Amending 108 -683 to clarify exceptions; Adding Section 108 -684 to provide for enforcement; Providing for severability; Providing for repeal of inconsistent provisions; Providing for an effective date. Sponsors: Commissioner Rossi Attachments: Ordinance Executive Summary Leaislative History 8/7/12 City Commission Passed to Second Reading CITIZEN COMMENTS COMMISSION COMMENTS ADJOURNMENT City of Key West, FL Page 7 Printed on 8/20/2012 . . '0 "6 G City of Key West, Old City Ha � * � '_ � Y f FL 510 Greene Street Key West FL 33040 T; f - Action Minutes - Final City Commission Tuesday, August 21, 2012 6:00 PM Old City Hall ADA Assistance: It is the policy of the City of Key West to comply with all requirements of the Americans with Disabilities Act (ADA). Please call the TTY number at 305 -809 -1000 or the ADA Coordinator at 305 -809 -3951 at least five business days in advance for sign language interpreters, assistive listening devices, or materials in accessible format. CALL MEETING TO ORDER 6:01 P.M. ROLL CALL Present 7 - Commissioner Johnston, Commissioner Lopez, Commissioner Rossi, Commissioner Wardlow, Commissioner Weekley, Commissioner Yaniz and Mayor Cates INVOCATION - Pastor Timothy Jemly, Impact Community Church PLEDGE OF ALLEGIANCE TO THE FLAG APPROVAL OF AGENDA PRESENTATIONS 1 Fair Housing Sponsors: Mayor Cates Attachments: Support Document Received and Filed 2 Florida Keys Assisted Care Coalition Sponsors: City Manager Vitas Received and Filed City of Key West, FL Page 1 City Commission Action Minutes - Final August 21, 2012 17 Authorizing the City Manager to enter into an Agreement with Bank of New York Mellon, property owner(s) in Code Compliance Case Number 09 -2058 (923 Eaton Street) permitting a release of Lien upon payment by the owners of a mitigated amount of $20,000.00. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary Email - Nicholas Vanhook and Mark Finigan Letter from McCalia Raymer Lien Findings and Order A motion was made by Commissioner Rossi, seconded by Commissioner Wardlow, that the Resolution be Passed. The motion failed by the following vote: No: 5 - Commissioner Johnston, Commissioner Lopez, Commissioner Weekley, Commissioner Yaniz and Mayor Cates Yes: 2 - Commissioner Rossi and Commissioner Wardlow 18 Approving a Memorandum of Understanding with the State of Florida, Monroe County, The City of Marathon, The City of Key Colony Beach, The City of Layton and the Village of Islamorada to implement the findings and recommendations of the Florida Keys Hurricane evacuation clearance time work group report. Sponsors: City Manager Vitas Attachments: Resolution Executive Summary 'Large File' Final HEM Clearance Time Work Group Proposed Memo of Understanding (MOU) Support Document A motion was made by Commissioner Rossi, seconded by Commissioner Yaniz, that the Resolution be Passed. The motion carried by the following vote: Yes: 7 - Commissioner Johnston, Commissioner Lopez, Commissioner Rossi, Commissioner Wardlow, Commissioner Weekley, Commissioner Yaniz and Mayor Cates Enactment No: Res 12 -251 Public Hearing City of Key West, FL Page 8 . , ,..441.41,,,,..17:;:i.7.*:::':',s,T.' , a 4Jt3>;kg . `a i 1S1L :1,k,.1.;;:,:--",';'.A---...44,' '1 C Home 1# Legislation r Calen ar d City Commission Departments People Live Proceedings 1 0 L�Share i�RSS Search: 112 -251 1 2012 Resolution g rae , 2 text ❑ attac:Lments ❑ (chef Advanced search »> into Search Legislation He g, 1 record Show Group Export F x T StZt'has File Created Final Action Title 12 -3139 Resolution P 8/8/2012 8/21/2012 Approving a Memorandum of Understanding with the State of Florida, Monroe County , The City of Marathon, The City of Key Colony Beach, The of Ci the ty of lorida Keys Hurricane Layton and the Village evac of Islamorada to implement fi Fuat clearance time the work ndings group and report. recommendations 1/3/2017 http: //keywest .legistar.com /Legislation.aspx Sec. 1 08495. - Reporting requirements and residential allocation schedule. The City of Key West building permit allocation system shall limit the number of permits issued for new permanent and transient development, to 910 units during the period from July 2013 to July 2023, with the exception of the beneficial use permit allocations that have been reserved separately to address property rights claims. The annual allocation will be ninety-one (91) single - family units or an equivalent combination of residential and transient types based on the equivalency factors established in policy 1- 1.15.3 of the comprehensive plan. In order to address the ongoing affordable housing shortage and affordable housing deed restrictions expected to expire, during the first three years (July 2013 July 2016) 60 percent of the units allocated shall be affordable. Between years four (4) and ten (10) (2016- 2023), 50 percent shall be affordable. Between years four (4) and ten (10), 80 percent of remaining (non - affordability restricted) units shall be permanent, and 20 percent may be transient. During year one (1) (July 2013 - 2014), 48 of the affordable units to be allocated will be dedicated for use at the Peary Court Housing complex property, being transferred from military to private sector housing, and shall meet the prerequisite standards for obtaining BPAS awards. Table 2.0 below identifies the number of units that may be allocated at a rate of 1.0 ESFU's by housing type and by year for the period from July 2013 to July 2023. Table 2.0 July 1, 2013 - July 1, July 1, July 1, July 1, July 1, July 1 June 30,2014 2014 - 2015 - 2016 - 2017 - 2018 - 2019 June 30, June 30, June 30, June 30, June 30, June 2015 2016 2017 2018 2019 2020 about:blank 1/3/2017 48 affordable Minimum Minimum Minimum Minimum Minimum Minir units to be of 55 of 55 of 45 of 45 of 45 of 45 allocated for affordable affordable affordable affordable affordable afforc Peary Court units. units. units. units. units. units development. Maximum Maximum Maximum Maximum Maximum Maxi' Minimum of of 36 of 36 ofd of 46 of 46 of 46 7 affordable market market market market market mark units. rate units. rate units. rate units, rate units, rate units, rate Maximum of of which a of which a of which a of wl 36 market maximum maximum maximum maxi' rate units. of ten (10) of ten (10) of ten (10) of ter units may units may may be may I be be transient. trans transient. transient. The city planner will provide an annual report to the planning board and the state and planning agency identifying any remaining or unused allocations, and the number of permits by building type by September 1 of each year as stipulated in the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding. The first report will be published in 2014. (Ord. No. 13 -19, § 2, 11 -6 -2013) about:blank 1/3/2017 ".✓ � } a n. *A T: • s xir, . '+r5 : _.. City Home Legislaton Calendar City Commission Departments People Live Proceedings II CI i1Share c3RSS Details Reports File #: 13 -4355 Version: (7 v) Name: BPAS Ordinance Type: Ordinance Status: Passed File created: 5/10/2013 In control: City Commission On agenda: 11/6/2013 Final action: 11/6/2013 BPAS Ordinance - Consideration of a resolution of the City of Key West recommending an ordinance to the City Commission amending Article X Building Permit Allocation System of Chapter 108 of the Code of Ordinances of the City of Key West entitled "Planning and Development" by amending Division 1 Generally: Section 108 -986. Definitions, Section 108 -987. - Purpose and Title: Intent, Section 108 -990. Applicability, Section 108 -991. - Development not affected by article; Division 2: Building Permit Allocation System: Section 108 -994. - Established, Section 108 -995. - Reporting requirements and adjustments in residential allocation schedule, Section 108 -996. - Period of allocation, Section 108 -997. - Tracking and monitoring system, Section 108 -998. - Procedures for ensuring beneficial use of private property, Section 108 -999. - Zoning in progress, providing for severability; providing for repeal of inconsistent provisions, providing for an effective date. Sponsors: Bob Vitas Attachments: 1. Ordinance, 2. Executive Summary, 3. Planning Board Staff Repo 4. LEED 5. FGBC 6. ARCSA Standards, 7. 15% Energy and Water Reduction Resources, 8. FEMA Standards, 9. Building Permit Allocation System (BPAS) Public Comments History (7) Text 7 records Group Export I Date Ver. Act ion By Action Result Action Details Meeting Details video 11/6/2013 6 City Commission Adopted Pass Action details Meeting details .` Video 10/16/2013 6 City Commission Postponed Pass Action details Meeting details r s! Video 1111 10/2/2013 6 City Commission Passed to Second Reading Pass Action details Meetino details 1.4 Video 8/15/2013 5 Planning Board Passed Pass Action details Meeting details Not available 7/18/2013 4 Planning Board Passed Pass Action details Meetino details IQ Video 6/20/2013 2 Planning Board Postponed Pass Action details Meeting details Not available 5/23/2013 1 Planning Board Postponed Pass Action details Meeting details Not available http: //keywest. legistar. com /LegislationDetail.aspx ?ID= 1475756 &GUID= BF813EBO -D2... 1/3/2017 . , T., t c &er-N--74-o ; . !jig L b � , ' h +III 1300 hite Street :rim Scholl nag THE CITY O E KEY WEST (305) 809 - 3888 City Manager F - 3886 City of Key West P.O. BOX 1409 jsc o fl.gov KEY WEST, FL 33041 -1409 January 6, 2017 Taylor Teepell, Director Division of Community Development /���'� Florida Department of Economic Opportunity Cr. 107 E. Maddison Street Tallahassee, Florida 32399 Re: DEO's proposed comprehensive plan and land development regulation revisions Dear Mr. Teepell: The City of Key West has received and reviewed your letter of December 23, 2016 which requests the City amend its comprehensive land use plan and land development regulations. The City disagrees with the conclusions of your letter. We will not be seeking to amend the City's comprehensive plan or land development regulations concerning the allocation of building permits at this time. Sincerely, te S s Scholl City Manager City of Key West, FL Key to the Caribbean - Average yearly temperature 77° F. 08 -02 -12 HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF MONROE, CITY OF KEY WEST, ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON, CITY OF KEY COLONY BEACH, CITY OF MARATHON, AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT This Memorandum of Understanding ( "MOU ") is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO "), the Florida Division of Emergency Management (the "Division "), and Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments ") (all collectively known as the "Parties ") for the purpose of complying with Rules 28 -18, 28 -19, and 28 -20, Florida Administrative Code. RECITALS: WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida Legislature and the Administration Commission have designated as Areas of Critical State Concern (the Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28 -36, hereinafter referred to as the "Keys ACSCs"; and WHEREAS, the Local Governments have adopted state - mandated Comprehensive Plans and Land Development Regulations, which have been approved by the State, as required by 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 (j) 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 (11 %), 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 M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys; and WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach and to that end, having participated as members of the Work Group, acknowledge that the input variables and assumptions identified in this MOU are those which DEO finds accurately depict evacuation clearance times for the population of the Florida Keys for a Category 3 -5 hurricane event, as required by Administrative Rule; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new participation rate studies be conducted, due principally to the low sample rates primarily for mobile homes relied upon by DEO; and, WHEREAS, the Work Group accepted the participation rates recommended by DEO, including those for mobile homes, and DEO agreed to seek funding to provide education to mobile home occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available. NOW THEREFORE, the parties set forth the following understandings: PART ONE: RECITALS The above recitals are incorporated into this MOU and made a part hereof. PART TWO: DATA, INPUT VARIABLES AND ASSUMPTIONS The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010 Census as supplemented by the 2006 -2010 American Community Survey, Smith Travel Research, and data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants, and Statewide Regional Evacuation Study Program for the South Florida Region are the best available and most relevant data and analysis. The following input variables and assumptions provide the basis, when used in the TIME model, to accurately calculate evacuation clearance times for the population of the Florida Keys, and DEO will recommend same to the Administration Commission to determine the remaining development allocations for the Florida Keys: 4 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: 100% 2. Mobile home units: 100% 3. Site -built units: 90% for a Category 5 event The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional Behavioral Analysis Volumes 2 -11, prepared for the South Florida Region, which DEO has determined reflect the best available data at this time. D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide Regional Evacuation Study and are attached and incorporated herein. E. Vehicle Usage by the Special Population: Exhibit 5 represents the number of vehicles that will be contributed by Naval Air Station — Key West and the Florida Keys Community College and is 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 • 1 08 -02 -12 Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall be considered null and void. B. Modification. Modifications to the Memorandum of Understanding shall be valid only when reduced to writing and duly signed by all parties. C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless compliance with the remaining terms and provisions would prevent the accomplishment of the original intent of the agreement between the Parties. D. Termination. Any Party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect upon receipt of written notification by a Party to all other Parties. E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail, return receipt requested, or an express mail service that provides proof of delivery. Notification by a Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of Economic Opportunity, 107 East Madison Street, Tallahassee, FL 32399 -4128. Notification to the other parties to this Memorandum of Understanding shall be directed as follows: 1. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a copy to the Growth Management Division Director, 2798 Overseas Hwy. Marathon, FL 33050. 2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a copy to the Planning Director, 3126 Flagler Avenue Key West, FL 33040. 3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050, with a copy to the Planning Director, 9805 Overseas Highway Marathon, FL 33050. 4. City of Layton. Mayor, City of Layton, 68260 Overseas Highway, P.O. Box 778 Long Key, FL 33001. 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 i , 2012 Date / ' � >a' ates, ayor i TittiAA • • i e ke l At( y } J City Clerk ��-eip X6 001! Approved as .• �;;i. .. �%� Shawn Smith, City Attorney 8 • 08 -02 -12 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,6- 1- . -+-Zei i 21 _, 2012 Date., David Rice, M Mayo I ' ATTEST -.a. Clerk Approved as to form and legal sufficiency: S-f -eA/ et , County Attorney 9 08 -02 -12 CITY OF MARATHON, FLORIDA • /Will I 2 O /Z, 2012 1• ter Date Peter Worthington, Mayor, ATTEST: )Afthgillaktuf , City Clerk I I Approved as to fo . I egal sufficienc • John R. He ' Vic Atto ey i 10 08-02-12 CITY OF LAYTON, FLORIDA /e , 2012 Date 'Norman S. Anderson, Mayor ATTEST: 2=1-'1 Mimi Young, City Cle / Approved as to form and legal sufficiency: ity Attorney 11 • 08 -02 -12 CITY OF KEY COLONY BEACH, FLORIDA $ / a� ,2012 Itrast542 Date Ron Sutton, Mayor ATTEST: • - s: • , city '1- :ct* emir) Approved as to form and legal sufficiency: moo.' Thomas D. Wright, City Attorney 12 08 -02 -12 ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA 5 -lcm h c Xt "' , 2012 r-N Date Michael Reckwerdt, ayor ATTEST: Village Cle Approved as to form and legal sufficiency: Nina Boniske, Village Atton 13 • 08 -02 -12 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2012 ate Bry . Koon, Director Approved as to form and legal sufficiency: 1 vi Assistant General Counsel 14 08 -02 -12 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ijo , 2012 4/1101. tit 14 Ave.1 j omas Beck, AICP Director, Division of Community Development 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 BY: - Ica _ aster Assis . T ener. counsel Approved Date: // -S /a 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. Exhibit 6 Roadway Capacity, dated July 18, 2010, established by the Florida Department of Transportation 16 MOS 1 .• : ► ► Islanwra Tillage ©lsl ands I4 '410e. OF 0 Sent Via Certified Mail February 10, 2017 Taylor Teepell, Director Division of Community Development Department of Economic Opportunity Caldwell Building 107 E. Madison Street Tallahassee, FL 32399 RE: Non - awarded Building Permit Allocations from the City of Key West Dear Mr. Teepell: In 2012, Islamorada Village of Islands ( "Islamorada" or the "Village "), adopted Resolution 12 -09 -81 thereby approving the Hurricane Evacuation Clearance Time Memorandum of Understanding (MOU) by and between the Florida Department of Economic Opportunity, Monroe County, City of Key West, City of Layton, City of Key Colony Beach, City of Marathon, Islamorada, Village of Islands and the Florida Division of Emergency Management. Islamorada was a part of the Work Group of elected officials chosen by and representing each local government in the Florida Keys to provide input in the hurricane evacuation modelling efforts. The Work Group recommended Scenario M5 which included the maximum number of residential building permits to be distributed throughout Monroe County (the "County ") over the next ten (10) years, as well as, the redistribution of allocations that were not awarded. As is evident in the Comments and the Response from August 10, 2012, Islamorada expressed concern over the redistribution of unused non - awarded allocations from the City of Key West. The Village was assured by DEO that a procedure would be developed to obtain the number of unused allocations annually and distribute the building permit allocations to the receiving local governments through a plan amendment. It has come to the attention of the Village, that the City of Key West (the "City ") failed to award 72.82 allocations from the City's Building Permit Allocation System. As noted in your letter dated December 23, 2016 to the City of Key West, the 72.82 unused non - awarded allocations were from Year 1 and Year 3 of the City's allocation System. The MOU outlines how unused non - awarded allocations are to be redistributed to the other local governments Page 1of2 86800 Overseas Highway, Islamorada, Florida 33036 Office 305 - 664 -6400 • Fax 305- 664 -6467 • www.islamorada.fi.us based upon the ratio of vacant land. The Village has approximately 1,109 vacant Tots representing 9.86% of the total vacant parcels within Monroe County. The Village respectfully requests that the Department of Economic Opportunity uphold the terms of the MOU and redistribute the City of Key West's unused non - awarded allocations from Year 1 and Year 3 as stipulated. The Village has approximately 1,109 vacant Tots remaining and any opportunity to reduce that number with existing unused non - awarded allocations would greatly benefit the Village. If you have questions, please contact me at 305 - 664 -6422 or cheryl.cioffari @islamorada.fl.us. Sinc= rely,�, Cheryl Cioffari, AICP Director of Planning Encl: Resolution 12 -09 -81 Cc: Seth Lawless, Village Manager Roget V. Bryan, Village Attorney Maria Bassett, Deputy Village Manager and Finance Director Rebecca Jetton, Areas of Critical State Concern Administrator, DEO File Page 2 of 2 , • I . b w >,a) >.c ^�a) m y t 9 'c t . 0 -. y z-a3� N N p O O two v° m} a) a) y c 3 N N 7 a) y= >. N O t E r O °o Lm ° v 3 • ' F- a 1 " o- mm� O _ ° ' � o . E o c • O U) U') >•. ai y ,_ y >. c co • E f9 c + ca c� �� ° c ' a � i. d- .t- 7 co *' c c o oy .0 5.- 0 = a) 7 N Q 2 > N NCI N .� O .) 0 rr 0 r 4-; O >' - '�a).: N o N E � E 3 E E a) �.0 � y r�� rn ° m E ° c E Y o . 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