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Item E05M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: E.5 Agenda Item Summary #3332 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: Approval of an Agreement between the State of Florida Department of Economic Opportunity, the County of Monroe, City of Key West, Islamorada, Village of Islands, City of Layton and the City of Marathon for the transfer and distribution of BPAS units from the City of Key West to Monroe County and the transfer and distribution of ROGO allocations from Monroe County to Islamorada, Village of Islands, City of Layton and the City of Marathon, pursuant to Section 380.032(3), Florida Statutes. ITEM BACKGROUND: The Department of Economic Opportunity (DEO), Monroe County and the municipalities approved a 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding (MOU) which included a provision that the City of Key West would transfer annually (by July 13th) any remaining or unused allocations to the other local governments based upon the local governments' ratio of vacant land. The MOU originally contemplated Key West distributing unused ROGO allocations to the local governments directly, based on the vacant lands in each jurisdiction. The ratio of vacant land was as follows: • Monroe County (77 %) • Marathon (11 %) • Islamorada (10 %) • Key Colony Beach (0.81 %) • Layton (0.11 %) DEO, based on the results of hurricane modeling based on the data and assumptions of the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding, recommended to the Administration Commission a building permit allocation of 3,550 units to be distributed among the local governments of the Florida Keys. Again this recommendation included a provision that the City of Key West would transfer annually (by July 15th) any remaining allocations for the year to the other local governments. The Administration Commission accepted the DEO recommendation and the local governments have completed four years of the ten -year allocation approved by the State. The 3,550 allocations were awarded for a period of 10 years (355 per year) from the State to the local governments as follows: • Monroe County (197) • Marathon (30) • Islamorada (28) • Key West (9 1) • Key Colony Beach (6) • Layton (3) Pursuant to the ten -year allocation approved by the State, the City of Key West (Key West) adopted a Building Permit Allocation System (BPAS), under which Key West awards 91 units on an annual basis over the planning horizon consisting of the years 2013 through 2023. Currently, Key West has 104 unallocated BPAS units accumulated in years one (1) through four (4) which the City desires to allocate to an Affordable Housing/Workforce Housing project ( "The Quarry ") located on Big Coppitt Key, which is beyond the jurisdictional boundary limits of Key West. In an effort to satisfy the MOU and facilitate the development of affordable housing, Key West is proposing to transfer 104 units to Monroe County; with Monroe County providing permanent ROGO units to the remaining municipalities, based upon their percentages of vacant land, as provided in 2012 Hurricane Evacuation Clearance Time MOU. The County will provide as follows: Local Government Number of ROGOs due to the Cities Marathon 11.83 units Islamorada 10.25 units Key Colony Beach 0.85 units Layton 0.12 units TOTAL 23.05 units Staff from all jurisdictions and DEO met on May 24, 2017 to discuss and develop the proposed agreement. DEO, as the State Land Planning Agency, has the authority by Section 380.032(3), Florida Statutes to contract with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of the Act, or any related rule. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 380 Agreement Draft DEO FINAL Key West Comp Plan amendment 2012 - KeysHurricaneMOU (1970 ROGO)_all 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: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 08/29/2017 2:48 PM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Completed Board of County Commissioners Pending 08/28/2017 6:19 PM Completed 08/31/2017 7:45 AM 09/01/2017 9:13 AM 08/28/2017 4:13 PM 08/28/2017 4:13 PM 09/05/2017 1:47 PM 09/05/2017 1:52 PM 09/20/2017 9:00 AM 09/27/2017 4:00 PM AGREEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE COUNTY OF MONROE, CITY OF KEY WEST, ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON, CITY OF KEY COLONY BEACH AND THE CITY OF MARATHON FOR THE TRANSFER AND DISTRIBUTION OF BPAS UNITS FROM THE CITY OF KEY WEST TO MONROE COUNTY AND THE TRANSFER AND DISTRIBUTION OF ROGO ALLOCATIONS FROM MONROE COUNTY TO ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON, CITY OF KEY COLONY BEACH AND THE CITY OF MARATHON, PURSUANT TO SECTION 380.032(3), FLORIDA STATUTES. THIS AGREEMENT is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO "), 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, of the Florida Administrative Code, and as provided for in Section 380.032(3), Florida Statutes. RECITALS: WHEREAS, the Local Governments are 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 the Florida Administrative Code Chapter 28 -36, hereinafter referred to as the "Keys ACSCs ", and WHEREAS, the DEO is the state land planning agency having authority and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, the Environmental Land and Water Management Act ( the "Act "), which includes provisions relating to areas of critical state concern; and WHEREAS, the DEO is authorized by Section 380.032(3), Florida Statutes to contract with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of the Act, or any related rule; and 1 WHEREAS, the City of Key West ( "Key West ") adopted its Comprehensive Land Use Plan on March 5, 2013, which provides for the allocation of certain residential building rights known as Building Permit Allocation System units (`SPAS "), under which Key West awards 91 units on an annual basis over the current planning horizon consisting of the years 2013 through 2023, and WHEREAS, Key West has a certain number of unallocated BPAS units accumulated in years one (1) through four (4) which the City desires to allocate to an Affordable Housing/Workforce Housing project ( "The Quarry ") located on Big Coppitt Key, which is beyond the jurisdictional boundary limits of Key West, and WHEREAS, the provision of affordable housing in the lower keys coupled with the distribution of ROGO units to the remaining municipalities will benefit all members of the ACSCs, and WHEREAS, the Key West Comprehensive Land Use plan does not currently provide for an allocation beyond its jurisdictional boundary, nor provide for a distribution of its un- allocated units other than "Recovered Units" as defined in Section 108- 997(e) of the Land Development Regulations of Key West, and WHEREAS, Key West has approved a Comprehensive Land Use Plan Amendment which has been rendered to the DEO for review and comment pursuant to the State Coordinated Review Guidelines of Chapter 163, Florida Statutes, which would allow the transfer of 104 BPAS units to Monroe County for the Workforce Housing/Affordable Housing Project known as "The Quarry," located on Big Coppitt Land Use Area 1 at approximate Mile Marker 9 (a copy of the proposed Comprehensive Land Use Plan Amendment is attached hereto and incorporated by reference); and WHEREAS, the Parties, have met to discuss the reallocation and a method of BPAS/ROGO re- distributions between Monroe County and the remaining municipalities located in the ACSCs in an effort to fulfill Administration Commission's actions, and have agreed to present this agreement to their Commission/Council for execution of this Agreement. NOW THEREFORE, the parties set forth the following terms and conditions of this Agreement. 1. In 2012, pursuant to Administration Commission action, 3550 building permit allocation units were awarded for a period of 10 years (355 per year) from the State to the local governments as follows: Local Government (the Parties) Annual Allocation' Monroe County 197 units Marathon 30 units Islamorada 28 units Key Colony Beach 6 units Layton 3 units Key West 91 units K 2. Upon the execution of this Agreement by all Parties, Key West shall approve and adopt the Comprehensive Land Use Plan of Key West amendment allowing the allocation of 104 previously unallocated BPAS units to Monroe County for the "The Quarry" project on Big Coppitt Key for the construction of workforce housing /affordable housing. 3. Upon effectiveness of the Comprehensive Land Use Plan of Key West and the execution of this Agreement by all Parties, the City of Key West shall transfer 104 previously unallocated BPAS units to Monroe County for "The Quarry" project on Big Coppitt Key for the construction of workforce housing /affordable housing. 4. Monroe County agrees to provide permanent ROGO units to the remaining municipalities, based upon their percentages of vacant land, as determined in the revocable 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding, as follows: Local Government >(the Parties) Number of ROGOs due to the Parties' Marathon 11.83 units Islamorada 10.25 units Key Colony Beach 0.85 units Layton 0.12 units TOTAL 23.05 units All ROGO units transferred pursuant to this section shall be restricted to non - transient use by the receiving municipality. The receiving municipality shall determine whether or not the units are to be issued for market rate or affordable housing. 5. Marathon, Islamorada, Key Colony Beach and Layton shall determine if the ROGO units received shall be utilized as market rate dwelling units or affordable housing dwelling units and shall work with DEO to amend their comprehensive plan in order to utilize the transferred allocations. 6. In the event building permits are not issued for "the Quarry" project on or before June 30, 2019, the BPAS units awarded by Key West will remain with Monroe County as affordable ROGO units to be awarded by Monroe County for Affordable/Workforce Housing residential uses in Monroe County south of Mile Marker 26. NEEDS KW CP attachment 7. Entirety of Agreement The parties agree that this Section 380.032 Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing and duly signed by the DEO and the Parties (Local Governments). 3 8. Duplicate Originals. This Section 380.032 Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 9. Enforcement . In the event of a breach of this Section 380.032 Agreement, or failure to comply with any condition of it, DEO may enforce this Agreement pursuant to 380.11(2)(a) and (d), Florida Statutes, or as otherwise provided by law. In the event of a breach of this Section 380.032 Agreement, or failure to comply with any condition of it, the Local Governments may enforce this Agreement, as permitted by law, in the appropriate state court in and for Monroe County, Florida. 10. Scope of Authority. This Section 380.032 Agreement affects the rights and obligations of the parties as provided herein. This Section 380.032 Agreement is not intended to influence or determine the authority or decisions of any other state or local government or agency in the issuance of any other permits or approvals that might be required by state law or local ordinance for any development authorized by this Agreement except as provided herein. 11. Effective Date. This Agreement is effective upon execution by all parties and ends upon the termination of the Keys ACSCs designation. 12. Notification. Notifications under this Agreement 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 Agreement shall be directed as follows: 1. Monroe County. Mayor, Monroe County, 2798 Overseas Highway, Marathon, FL 33050 with a copy to the Planning and Environmental Resources Director, 2798 Overseas Highway, Marathon, FL 33050 2. City of Key West. Mayor, City of Key West, 1300 White Street, PO Box 1409, Key West, FL 33041 -1409, with a copy to the Planning Director, 1300 White Street, PO Box 1409, Key West, FL 33041- 1409 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, :l PO Box 778, Long Key, FL 33001 -0141 5. City of Key Colony Beach. Mayor, City of Key Colony Beach, PO Box 10141, Key Colony Beach, FL 33051 -0141, with a copy to the City Clerk at PO Box 510141, Key Colony Beach, FL 33051 -0141 6. Islamorada, City 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 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. SIGNATURES ON FOLLOWING PAGES IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: for County Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA George Neugent, Mayor , for County Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: Cheryl Smith, City Clerk Approved as to form and legal sufficiency: CITY OF KEY WEST, FLORIDA Craig Cates, Mayor for City Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: Diane Clavier, City Clerk Approved as to form and legal sufficiency: CITY OF MARATHON, FLORIDA Dr. Dan Zieg, Mayor for City Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: Mimi M. Young, City Clerk Approved as to form and legal sufficiency: CITY OF LAYTON, FLORIDA Norman S. Anderson, Mayor for City Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: Kathryn McCullough, City Clerk Approved as to form and legal sufficiency: CITY OF KEY COLONY BEACH, FLORIDA John Deneale, Mayor for City Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. FLORIDA Date ATTEST: Kelly Toth, Village Clerk Approved as to form and legal sufficiency: ISLAMORADA, VILLAGE OF ISLANDS, Jim Mooney, Mayor Roget Bryan, Village Attorney IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below written. Date ATTEST: Print Name: Approved as to form and legal sufficiency: Print Name: Title: STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY, DIVISION OF COMMUNITY DEVELOPMENT, Julie Dennis Director Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING CHAPTER 1 OF THE COMPREHENSIVE PLAN ENTITLED "FUTURE LAND USE ELEMENT" BY AMENDING POLICY 1- 1.16.1, ENTITLED "MAINTAIN A BUILDING PERMIT ALLOCATION ORDINANCE," AMENDING POLICY 1- 1.16.2, ENTITLED "BUILDING PERMIT ALLOCATION ORDINANCE AND AFFORDABLE HOUSING," AMENDING POLICY 1- 1.16.3, ENTITLED "PERMIT ALLOCATION SYSTEM RATIO BY STRUCTURE TYPE," AND BY ADDING POLICY 1- 1.16.5 ENTITLED "TRANSFER OF BUILDING PERMIT ALLOCATIONS;" BY AMENDING CHAPTER 2 ENTITLED "TRANSPORTATION ELEMENT," BY AMENDING POLICY 2.16.4 TO PROPERLY REFLECT AS POLICY 2- 1.6.4, AND REVISING THE REFERENCE TO THE NUMBER OF ALLOCATED UNITS; AMENDING CHAPTER 3 OF THE COMPREHENSIVE PLAN ENTITLED "HOUSING." BY AMENDING POLICY 3- 1.1.4, ENTITLED "BUILDING PERMIT ALLOCATION SYSTEM;" PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission has passed numerous resolutions aimed at increasing the availability of affordable and workforce housing in the City of Key West; and WHEREAS, development of any housing is strictly controlled by the State of Florida, which has designated the City of Key West as a State Area of Critical Concern; and WHEREAS, this state regulation has resulted in a specified number of new building permits that may be granted each year under what is known as the Building Permit Allocation System (BPAS); and Page 1 of 11 WHEREAS, based on recommendations by the Department of Economic Opportunity, changes to the City's Comprehensive Plan were requested; and WHEREAS, the City Commission finds that it is in the best interest of the City that there exists a method to transfer Building Permit Allocations not utilized within the City to Lower Keys areas of Monroe County, for beneficial use purposes and /or affordable housing that will directly benefit the City of Key West as determined by the City Commission; and WHEREAS, Chapter 1, entitled "Future Land Use Element" and Chapter 3, entitled "Housing" are to be amended through ordinance in response to the Department of Economic Opportunity; and WHEREAS, the Planning Board ( "Board ") held a noticed public hearing on May 18, 2017, where based on the consideration of recommendations by the city planner, city attorney, building official and other information, the Board recommended approval of the proposed amendments set forth in Planning Board Resolution 2017 -21; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST, FLORIDA; Page 2 of 11 Section 1 : That Chapter 1 of the Comprehensive Plan is hereby amended as follows *: Policy 1- 1.16.1: Maintain a Building Permit Allocation Ordinance. The City of Key West shall maintain and enforce its building permit allocation ordinance as follows: Between 85 and 100 units will be reserved as beneficial use permits to address property rights associated with existing vacant lots of record. The 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. The annual allocation will be ninety- one units (91) single- family units or an equivalent combination of residential and transient types based on the equivalency factors established in Policy 1-1.16.3. annual allocation limitation shall not apply to affordable housing allocations. 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 - ��_oaing: Aaaea language is unaerlinea aeleLea language is rt_rii k t1:Eeiiff1:i at first reading. Added language is double underlined and €t171�- 1__ St_­_€�_ t -= at second reading.) Page 3 of 11 allocated shall be affordable. Between years four (4) and 10 (2016 - 2023), a minimum of 50o shall be affordable. i;et- ____s fEeig years four (4) and 10, no more than 10 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. Staff may consider the following criteria in ranking applications: 1) building one to two feet higher than the base flood elevation; 2) exceeding the minimum required percentage of affordable housing; 3) compliance with green building standards; 4) compliance with adopted urban design standards, and; 5) a minimum contribution to a sustainability and open space recreation fund. Building permits shall be obtained within two years of the development approval date. If a building permit is not obtained Page 4 of 11 within that timeframe the allocated units will revert to the City for reallocation em ff 4�1;ie iieiE4� arleea4�ie__ ________ � fz 4� Ii e Policy 1- 1.16.2: Building Permit Allocation Ordinance and Affordable Housing. The City permit allocation system shall require that sixty percent (600) of all new permanent residential units be affordable units based on definitions and criteria contained in Policy 3- 1.1.7 and 3 -1.1.8 between July 1, 2013 and July 1, 2016, and that a minimum of fifty (500) be affordable between July 1, 2016 and July 1, 2023. Policy 1- 1.16.3: Permit Allocation System Ratios by Structure Type. The permit allocation system shall be sensitive to differing trip generating characteristics of permanent and transient residential units as well as single- family units, accessory apartment units and multi - family residential units. T-Ii Metes The permit allocation system shall incorporate a Page 5 of 11 series of equivalent single- family unit (ESFU) values in applying the aiiiiiaal permit allocation threshold established in the building permit allocation ordinance as hereinafter explained. Table 1- 1.16.3 Residential Structure Type Equivalent Single- Family Unit Value (ESFU)(l) Single Family 1.00(a) Accessory Apt. /SRO .78(b) Multi Family 1.00( Transient Unit .86(d) (1) The equivalent single family unit values are predicated on the ratio of the average number of vehicles per unit based on the 2010 US Census for the respective residential structure types divided by the vehicles per single family units (i. e. , 1.28 vehicles per unit). The computations are as follows: (a) Single Family 1.2811.28 = 1.00 (b) Accessory Apt. or Single Room Occupancy (SRO) 1.0011.28 = .78. The former Fl. Department of Community Affairs (now Department of Economic Opportunity) approved the estimated average vehicles per accessory unit or single room occupancy (SRO) as one (1) vehicle per accessory unit or SRO. (c) Multi- Family: 1.2811.28 = 1.00 (d) Transient Unit: 1 .10/1.28 = .86 (based on the Hurricane Evacuation Study 1.10 vehicles per transient unit in Monroe County) Page 6 of 11 Policy 1- 1.16.5: Transfer of Building Permit Allocations By resolution the City of Key West may transfer building permit allocations to areas beyond the City limits for the development of Affordable Workforce Housina in close proximity to the City of Key West such that the anticipated residents could reasonably be expected to contribute to the workforce of the City of Kev West. Upon adoption of this Comprehensive Plan Amendment the City of Key West shall transfer 104 previously unallocated units to the Affordable Housinq Development described as "THE QUARRY" located in the Big Coppitt Mixed Use Area 1, at approximate mile marker 9, Monroe County Florida. This shall be done pursuant to a Chapter 380 or similar Aqreement between the City of Key West, Monroe County, the Florida Department of Economic Opportunity and other affected local government jurisdictions with the concurrence of Quarry Partners LLC, the owner of the property. The Aqreement shall require, and Quarry Partners LLC shall provide, recorded Declarations of Affordable Housing Restrictions for these units acceptable to the City of Kev West and Monroe County prior to the issuance of certificates of occupancy by Monroe County. In the event building permits to construct "The Quarry" affordable housinq project are not issued on or before June 30, 2019 these E 0 8 E E E CL a E 0 L) E Page 7 of 11 units shall be released to Monroe County and shall only be re- allocated for Affordable Housin oses south of Mile Marker 26 on U.S. 1. Section 2 : That Chapter 2 of the Comprehensive Plan is hereby amended as follows Policy 21-" 2 -1.6.4 Transportation Concurrency Exception Area. i rti r s t ty r el P lan, t � {FC}i��y re� � c� c�� Ft E �l 2� i i � -- c� -- �z- - - = - - - i c rr cz rsi � - c rr c Between years 2013 and 2023 The City of Key West shall allocate a total of 910 BPAS units. Due to the City's exception from transportation concurrency, the development or redevelopment of these units shall not be subject to roadway concurrency requirements. Section 3: That Chapter 3 of the Comprehensive Plan is hereby amended as follows: Policy 3- 1.1.4: Building Permit Allocation System. Page 8 of 11 The City of Key West shall _____"111• allocate 91 , _. ,, =1e' 291 aiiel 292;3 -f-� a total of 910 permits between years 2013 and 2023. 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 10 (2016 - 2023), a minimum of 50o shall be affordable. iet-weeii yea Las , peEfftanent, and 29 peEeent Eftay lee tEa s r} . Between years four ( 4 ) and (10), no more than 10 percent may be transient. During Year One (1) (July 2013 - 2014) , 48 of the affordable units to be allocated will be in the transfer of Peary Court from military to private sector housing, which leaves 43 units to be allocated from the first allocation pool. Section 4: If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Page 9 of 11 Section 5: All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 6 : This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of the Commission and approval by the Florida Department of Economic Opportunity, pursuant to Chapter 380, Florida Statutes. Read and passed on first reading at a regular meeting held this day of 2017. Read and passed on final reading at a regular meeting held this day of 2017. Authenticated by the presiding officer and Clerk of the Commission on Filed with the Clerk day of Mayor Craig Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner :�ates Sam Kaufman Clayton Lopez Richard Payne Margaret Romero Billy Wardlow Jimmy Weekley 2017. 2017. CRAIG CATES, MAYOR ATTEST: Page 10 of 11 CHERYL SMITH, CITY CLERK E 0 E E E CL a E 0 E Page 11 of 11 E.5.c 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 0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2) Florida Statutes); and WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to hurricanes; and WHEREAS, the Florida Legislature and the Administration Commission have mandated that the Local Governments (except the City of Key West) include within the goals, objectives, and policies of their respective Comprehensive Plans measures to protect public safety and welfare in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2. Florida Statutes, Rule 28- 18.400(5)(a)10., F.A.C., Rule 28- 19.310(5)(a)5., F.A.C., and Rule 28- 20.140(5)(a)14., F.A.C.); and WHEREAS, Florida Administrative Code Rule 28- 36.003(2)(a)7. requires that the City of Key West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for the Florida Keys ACSC shall be determined by a state - approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology; and WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral Surveys Volumes 2 -11, and was funded by the state Legislature and the Federal Emergency Management Agency ( "FEMA "), provided the State's principal source of professionally acceptable data and analysis, augmented by other sources of data and analysis as referenced herein, for determining input variables and assumptions depicting evacuation clearance times for the population of the Florida Keys; and WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and WHEREAS, the Administration Commission has directed DEO, the Division, and the Local Governments to enter into this MOU to stipulate to the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models 2 Packet Pg. 1121 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 y 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 I E.5.c 08 -02 -12 the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108 -126. Further, the Work Group recommended Scenario 145 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys; and WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach and to that end, having participated as members of the Work Group, acknowledge that the input variables and assumptions identified in this MOU are those which DEO finds accurately depict evacuation clearance times for the population of the Florida Keys for a Category 3 -5 hurricane event, as required by Administrative Rule; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new participation rate studies be conducted, due principally to the low sample rates primarily for mobile homes relied upon by DEO; and, WHEREAS, the Work Group accepted the participation rates recommended by DEO, including those for mobile homes, and DEO agreed to seek funding to provide education to mobile home occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available. NOW THEREFORE, the parties set forth the following understandings: ] PART ONE: RECITALS The above recitals are incorporated into this MOU and made a part hereof. PART TWO: DATA, INPUT VARIABLES AND ASSUMPTIONS The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010 Census as supplemented by the 2006 -2010 American Community Survey, Smith Travel Research, and data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants, and Statewide Regional Evacuation Study Program for the South Florida Region are the best available and most relevant data and analysis. The following input variables and assumptions provide the basis, when used in the TIME model, to accurately calculate evacuation clearance times for the population of the Florida Keys, and DEO will recommend same to the Administration Commission to determine the remaining development allocations for the Florida Keys: El E.5.c 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 Packet Pg.1124 E.5.c]___I__' 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. 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 E.5.c 08 -02 -12 Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall be considered null and void. B. Modification. Modifications to the Memorandum of Understanding shall be valid only when reduced to writing and duly signed by all parties. C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless compliance with the remaining terns and provisions would prevent the accomplishment of the original intent of the agreement between the Parties. D. Termination. Any :Party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect upon receipt of written notification by a Party to all other Parties. E. Notification. Notifications under this MOU shall be made by hand delivery, U. S. certified mail, return receipt requested, or an express. mail service that provides proof of delivery. Notification by a Party to the DEO shall be directed to the Areas of Critical State Concern Administrator, Department of Economic Opportunity, 107 East Madison Street, Tallahassee, FL 32399 -4128. Notification to the other parties to this Memorandum of Understanding shall be directed as follows: Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a copy to the Growth Management Division Director, 2798 Overseas Hwy. Marathon, FL 33050. 2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a copy to the Planning Director, 3 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 Packet Pg. 1126 E.3.G 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 �a �a E 0 0 0 Z 8 E CD Q � �a d 8 Shawn Smith, City Attorney i 08 -02 -12 21 2012 Clerk Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA David Rice, Mayo 0 E.S.c 08 -02 -12 10 2 / 2012 Date ATTEST: City Clerk Approved as to John R. Heri6 City A • CITY OF MARATHON, FLORIDA c Peter Worthington, Mayor 10 Packet Pg.1129 08 -02 -12 1 , 2012 Date ATTEST: Mimi Young, City Cl Approved as to form and legal sufficiency: ity Attorney CITY OF LAYTON, FLORIDA 'Norman S. Anderson, Mayor 11 a� E 0 0 c� 0 �a �s Packet Pg. 1130 08 -02 -12 3/ oQ l 2012 Date I ATTEST: Viekip City lei -111 t y ennln9� I Approved as to form and legal sufficiency: Thomas D. Wright, City Attorney CITY OF KEY COLONY BEACH, FLORIDA Ron Sutton, Mayor 12 08 -02 -12 ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA S�rsm be"c. 'T " , 2012 Date ATTEST: Michael Reckwerdt, Mayor F ge � : ( le I Approved as to form and :legal sufficiency: Nina Boniske, Village Attorney 13 Packet Pg. 1132 E.5.c' 08 -02 -12 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Approved as to form and legal sufficiency: Assistant General Counsel Brya . Koon, Director 14 Packet Pg. 1133 E.5.c' 08 -02 -12 �� -�✓1/ i 2012 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity r� By: Assista ener ounsel Approved Date: STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY T omas Beck, AICP 7 Director, Division of Community Development 15 Packet Pg. 1134 08 -02 -12 Exhibits to Hurricane Evacuation Clearance Time Memorandum of Understanding Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other 'Vacation Rental Units Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site -Built and Mobile Homes Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010 Statewide Regional Evacuation Study) Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional Evacuation Study) Exhibit 5 Identification. of contributing vehicles from Naval Air Station —Key West and Florida Keys Community College. 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W d 6 d v C d i C Y Y Y X uhf Y Y Y 2 E 2 2 '-" - Y Y X le Y Y Y Y X X X Y 7 D7 Q1 0 0 N N •-1 •.I M N �..1 IA N 4G N h N OD N 41 v.l O N r.[ N N N M N N U1 N lO N M N 00 T N N O •-1 M M N M M M V ,y ,ll M b M h M 00 M G1 M! O N W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ry ry N N N N N N M N N i ti � . .ti .a .i .� .K .ti .-, .a .i .� .r w .+ ..� w .1 w w w .y w .-i .a .e .-� .� .-� .-� .y .-� .a .-i .-� .w •s .r .r .r .r 'o O r d N n E C v u c d � E o n "en O � v O o o, � r c 0 o c C A 9 � � C a �a E 0 t5 76 I t E Cl Qa ( 0 w CD 0 as Q} I E.Sc Exhibit 2 Table of Traffic Evacuation done (TEZ) Occupancy Data. Site -Built and Mobile Home Units TEZ Sub -County Location site -Built Mobile Home Total Occupancy p y Rate Occupied p Total Tota! Occupancy p y Rate Occupied p Total 1208 Key West 2,196 67.85% 1,490 1 100.00% 1 1209 Key West 2,252 65.32% 1„471 69 100.00% 69 1210 Key West 1,387 87.89% 1,219 8 100.00% 8 1211 Key West 2,779 77.69% 2,159 42 100.00% 42 1212 Key West 514 92.61% 476 0 0A0% 0 1213 Key West 1,069 97.65% 937 365 96.44% 352 1214 Key West 289 85.35% 247 10 100.00% 10 1215 Key West 1,586 77.96% 1,236 15 100,00%1 15 1216 Key West 699 78.40% 548 10 10000% 10 1217 Key West 610 81.97% 500 576 89.06% 513 1218 Key West 106 84.91% 90 304 79.28% 241 12191 Key West 448 86.6135 388 0 0.00% 0 1220 Lower Keys 1,041 86.36% 899 517 56.87% 294 1221 Lower Keys 1,112 71.22% 7921 50 100.00% 50 1222 Lower Keys 1,521 55.03% 837 472 40.25%1 190 1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181 1224 Lower Keys 1,174 59.20% 695 343 62.979'0 216 1225 Lower Keys 464 63.79% 296 20 100.00% 20 1226 Middle Keys 747 56.09% 419 458 77.95% 357 1227 Middle Keys 1,613 58.15% 9381 204 69.12% 141 1228 Middle Keys 3,854 49.35% 1,902 298 45.64%1 136 1229 Middle Keys 1,093 37.60% 411 192 44.79% 86 1230 Middle Keys 258 62.79% 162 422 9.01% 38 1231 Middle Keys 1,155 34.37% 397 9 66.67% 6 1232 Upper Keys 525 57.52% 302 123 33.33% 41 1233 Upper Keys 273 57.88% 1581 64 34.38% 22 1234 Upper Keys 885 49.83% 441 122 53.28% 65 1235 Upper Keys 2,299 57.16% 1,314 79 37.98% 30 12,35 Upper Keys 619 53.96% 334 162 54.949/. 89 1237 Upper Keys 933 52.52% 490 366 45.63% 167 1238 Upper Keys 377 75.86% 286 177 20.90% 37 1239 Upper Keys 1,509 55.53% 8381 105 2.86% 3 1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 1241 Upper Keys 1,009 79.58% 803 293 49.15% 144 1242 Upper Keys 487 612495 308 809 48.21% 390 1243 Lipper Keys 1,114 52.96% 590 649 (53.64% 413 1244 Upper Keys 605 3223% 195 10 50.00% 5 1245 Upper Keys 1,071 34.08% 3651 32 46.88% 15 1246 Mainland Monroe 4 50.00% 2 11 45.46% S Mainland 1247 Monroe ............ 7vtals 17 43,718 _ _7 9_% _ 12 27,320 _ _D 8,134 _0.0_0% 0 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County ara E 0 sts 0 is 0 E Cl co QS d I 0 W CD 0 GJ I E.Sc Exhibit 3 Table of Traffic Evacuation Zone (TEL) Vehicle Per Unit Data: site- Built, Mobile Home and Tourist Units TEZ Sub-County Location site -Built Mobile Home Tourist (based on July Occupancy) Occupied Units Vehicle per Unit Total Vehicles Occupied Units Vehicle per Unit Total Vehicles Occupied Units Vehicle.per Unit Total I Vehicles 1208 Key West 1,490 1.08859 1,622 1 1.00000 1 1,804 1.11 1,984 1209 Key West 1,471 0.99544 1,464 fig 0.85507 59 1,535 1.1 1,689 12101 Key West 1,219 1.36423 1,663 8 1.37500 11 147 1.1 162 1211 Key West 2,159 1.41147 3,048 42 1,452381 61 1,035 1.1 1,139 1212 Key West 476 1.22899 585 0 0.00000 0 190 1.1 209 1213 Key West 937 1.31910 1,236 352 1.36080 479 0 1.1 0 1214 Key West 247 1.45398 359 10 1.50000 15 28 1.11 31 1215 Key West 1,236 1.29993 1,6071 15 1.26667 19 208 11 229 1216 Key West 5481 1.31934 723 10 1.30000 13 898 1.1 988 1217 Key West 500 1.40800 704 513 1.401561 719 1 1.1 1 1218 Key West 90 1.64444 148 241 1.63900 395 19 1.1 21 1219 Key West 388 0.00000 0 0 0 -00000 0 1 1.1 1 1220 Lower Keys 899 1.22914 1,105 294 0.62925 185 1 1.1 1 1221 Lower Keys 792 1.92045 1,521 50 1.92000 96 103 1.1 113 1222 Lower Keys 837 1.24134 1,039 190 1.60000 304 SD 1.1 88 1223 Lower Keys 1,659 1.41772 2,352 181 1.70166 308 62 1.1 68 1224 Lower Keys 695 1.01727 707 216 1.71759 371 165 1.1 182 1225 Lower Keys 296 1.75000 518 20 1.70000 34 5 1.1 6 1226 Middle Keys 419 0.94033 394 357 1.03081 368 392 1.1 431 1227 Middle Keys 938 1.51386 1,4201 141 1.39716 197 151 1.1 166 1228 Middle Keys 1,902 1.71451 3,261 136 1.75735 239 1,154 1.1 1,269 1229 Middle Keys 411 1.52555 627 86 1.58140 136 455 1.1 501 1230 Middle Keys 162 1.71605 278 38 1.71053 65 59 1.1 65 1231 Middle Keys 397 1.62972 647 6 1.66667 10 117 1.1 129 1232 Upper Keys 302 1.89073 571 41 1.90244 78 136 1.21 150 1233 Upper Keys 158 1.88608 2981 22 1.86364 41 780 1.11 858 12341 Upper Keys 441 0.00000 0 65 0.00000 0 72 1.1 79 1235 Upper Keys 1,314 1.86758 2,454 301 1.76667 53 70 1.1 77 1236 Upper Keys 334 1.79042 598 89 1.78652 159 16 1.1 18 1237 Upper Keys 490 1.32245 648 167 0.93413 156 131 1.1 144 1238 Upper Keys 286 1.60140 458 37 1.56757 58 401 11 44 1239 Upper Keys 838 1.953461 1,637 3 2,000001 6 165 11 182 1240 Upper Keys 714 1.889361 1,349 174 1.40230 244 654 1.1 719 1241 Upper Keys 803 1.81071 1,454 144 1.83333 264 180 1.1 198 1242 Upper Keys 308 1.42532 439 390 1.44513 548 1 11 1 1243 Upper Keys 590 2.12881 1,256 413 1.93220 798 145 1.1 160 1244 Upper Keys 195 90 5 1.60000 8 221 1.1 243 1245 Upper Keys 365 296 15 1.86667 28 66 1.1 73 1246 Mainland Monroe 2 ]454 3 5 1.40000 7 0 1.1 ❑ Mainland 12_47 M o nr oe �� _ 12 27,320 0 38,579 _0 4,576 0.0_0000 W 6,533 11,287 12,416 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region ara E 0 sts 0 is 0 4a E co as I 0 0 0 W CD 0 4t I E.Sc Exhibit 4 Table of Traffic Evacuation Ione (TEZ) Vehicle Use Rate Data: Site - Built, Mobile Home and Tourist Units TEZ Sub - County Location Site -Built Mobile Home Toudst (based on July C=pancy) Total Vehicles Vehicle use Rate Available Vehicles Total vehicles Vehicle use Rate Available Vehicles Total Vehicles Vehicle Use Rate Available Vehicles 1208 Key West 1,622 90% 1,460 1 90% 1 1,984 100% 1984 1209 Key West 1,464 90% 1,318 59 90% 53 1,689 100% 1,689 1210 Key West 1,663 90% 1,497 11 90% 10 162 100% 162 1211 Key West 3,048 90% 2,743 61 90% 55 1,139 100% 1,139 1212 Key West 585 90% 526 0 90% 0 209 100% 209 1213 Key West 1,236 90% 1,112 479 90% 431 0 100% 0 1214 Key West 359 90% 323 15 90% 14 31 100% 31 1215 Key West 1,607 90% 1,447 19 90% 17 229 100% 229 1216 Key West 723 90% 651 13 90% 12 988 100% 988 12171 Key West 704 90% 634 719 90% 647 1 100% 1 1218 Key West 148 90% 133 395 90% 356 21 100% 21 1219 Key West 0 90% 0 0 90% 0 1 100% 1 1220 Lower Keys 1,105 75% 829 185 75% 139 1 100% 1 1221 Lower Keys 1,521 75% 1,141 96 75% 72 113 100% 113 1222 Lower Keys 1,039 75% 779 304 75% 228 88 100% 88 1223 Lower Keys 2,352 75% 1,764 308 75% 231 68 100% 68 1224 Lower Keys 707 75% 530 371 75% 278 182 100% 182 1225 Lower Keys 518 75% 388 34 75% 26 6 100% 6 1226 Middle Keys 394 80% 315 368 80% 294 431 100% 431 1227 Middlp Keys 1,420 80% 1,136 197 80% 158 166 100% 166 1228 Middle Keys 3,261 80% 2,609 239 80% 191 1,269 100% 1 1229 Middle Keys 627 80% 502 136 80% 109 501 100% 501 1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 1231 Middle Keys 647 80% 518 10 80% 8 129 100% 129 1232 Upper Keys 571 85% 485 78 85% 66 150 100% 150 1233 Upper Keys 298 85% 253 41 85% 35 858 100% 858 1234 Upper Keys 0 85% 0 0 85% 0 791 100% 79 1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77 1236 Upper Keys 598 85% 508 159 85% 135 18 100% 18 1237 Upper Keys 648 85% 551 156 85% 133 144 100% 144 1238 Upper Keys 458 85% 389 58 853/ 49 44 100% 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85% 1,147 244 85% 207 719 100% 719 1241 Upper Keys 1,454 85% 1,236 264 85% 224 198 100% 198 1242 Upper Keys 439 85% 373 548 85% 466 1 100% 1 1243 Upper Keys 1,256 85% 1 798 85% 678 160 100% 160 1244 Upper Keys 90 85% 76 8 85% 7 243 100% 243 1245 Upper Keys 296 85% 252 28 85% 24 73 100% 73 1246 Mainland Monroe 3 75% 2 7 80% 6 0 100% 0 Mainland 1_247 Mo Totals 0 38,579 75 _ _ 0 37,394 _ _ 0 fi,533 80_% ___ _0 _ _ 5,461 _ _ _ 0 12,416 10_0% _ _0 12,416 ara a� 4a E 0 sts 0 t5 0 8 4a E co as Source data: 2610 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region E.Sc Exhibit 5 Table of Traffic Evacuation Zone (TEZ) Data: Special Population Sub -County Special Population Number of TEZ Originating location Location Type Beds /Vehicles used Florida Keys Community University 1215 Key West Population College - Blue Lagoon 1DO vehicles Residence Hall NAS Key West NA5 Key West - Boca 1220 Lower Keys 2.338 vehicles personnel Chico Source data: Naval Air Station INAS] Key West; Florida Keys Community College �a a� E 0 sts is 76 It �a E CD co as I 0 w CD 0 GJ I E.Sc Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway Z (Overseas Highway) and CR 905 1Card Sound Road in the Florida Keys, Monroe County, Florida Milemarkm Functional Maidiriu- nsuawnablle From To Ares Location/Deseription Flow Rate per Functional Evacuatioa Lane Lane Lower 2 4 Kep West to Stock Keys Island 2 900 Lower Sluvk Island To Big Keys 4 9 Coppitt Key 2 900 Lower Big Coppitt to 9 17 1 1,100 Keys Sugarloaf Key Lower Sugarloaf toCudjoe 7 F2 1 1,100 Kevs Key Lower Cudjoe Key to Keys 22 24 Summerland Key Cove I 1.100 At urt Lower Summerland Key Cove 24 25 Airport to Summerland 1 1.100 Kevs Kr Lower 25 40 Summerland Key to 1 1.100 Kevs Bi Pine Key Lower 30 34 Big Pine Key to West I 1 950 Kevs Summerland Kevs W est 5 u mimic rl and Lower 34 35 2 Keys to Spanish 1 1,100 Keys Harbor Ke Vs Lower Spanish Harbor Keys 352 36.5 ? 1,100 Ke ys to Bahia Honda Bridge Lower Bahia Honda Bridge to Kevs 36.5 37.5 Bahia Honda Key 1 1,100 Bahia iondaKey to 37.5 47 H 1 1,200 Kevs o e Middle 47 49 Hog Key to Boot Kev 1 1.100 Keys Middle 48 50.2 Boot Key to Marathon 2 900 Ke" Middle 50 2 58 Marathon to Marathon 900 Kevs Shores Middle Marathon Shores to 50.8 54 900 Keys Key Colony Beach Middle 54 54.5 Key Colony Beath to 900 Keys Deer Key Middle Deer Key to Grassy Keys 54 58 Key I 1,100 Grassy Kev to []pper Keys 58 74 I 1.100 Matecombe Harbor Matecumbe Harhorty Upper Keys 74 80 1,100 Tealable KeyI ealable Key to Upper Keys 80 83.5 1 1,100 Tslamorada IslamoradatoWindley Upper Keys 83.5 85.6 I I,too Ke Windley Key to Upper Keys 85.6 90 PlantationKcy 1 I,[0! Gpptr Keys 90 100 Tavemier Key to 2 900 Newport Frey Newport Key io Upper Keys 100 105 2 900 Sexton Cove Sexton Cave to Upper Kevs 105 106.3 2 900 Rattlesnake Key Rattlesnake Key to Upper Keys 106.3 126 5 Card Sound Read 1 1.200 Upper Keys 126.5 HEFT Card Sound Road to 1 900 HEF tlb GJ E 0 tt3 t.� 0 E co d8 QJ ttB ( 0 W CD �9 0 tg} GJ I E.Sc Exhibit b Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1 (Overseas Highway) and CR 905/Card Sound Road in the Florida Keys, Monroe County, Florida Miltrrurkens Functional NI2Ximum$u3taiaahlt Frain To Area Luca tionlDescription Flow Rate per Functional Evacuation Lane Laae tnt CR Lake Surprise to Upper Keys 106.3 90511CR Crocodile Lake 1 1 Ocean Inn CR TargleTsh Key to Upper Kcys 9051CR I 1,100 Rcef 905A Crocodile Lake lnt CR Crocodile Lake to Upper Keys 905 ?CR US1 ] 1,100 905A South Miami Dade Source data: Florida Department of Transportation Letter to Department of Community Affairs on June 18, 2010- Tahles 2A and 2e; Statewide Regional Evacuation Study forthe South Florida Region tlb GJ E 0 tt3 0 t5 0 E Cl DO � 8 QJ I 0 W CD 0 t� GJ I