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Item B2County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 10, 2018 Agenda Item Number: B2 Agenda Item Summary #4224 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506 No AGENDA ITEM WORDING: Discussion and direction regarding the initiative by Governor Scott to Department of Economic Opportunity (DEO) for the Keys Workforce Housing Initiative to allow 1300 additional affordable housing Rate of Growth Ordinance Allocations (ROGO) for rental workforce housing, with a condition that developments that receive these ROGO allocations have a rental management agreement in place that requires rental occupants to evacuate in the early phase (48 hours in advance of tropical storm winds reaching the shore of the Florida Keys) of a hurricane evacuation. Currently transient units (hotels) and mobile home occupants are required to evacuate in the early phase of evacuation. ITEM BACKGROUND: On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida Department of Economic Opportunity ( "DEO ") for a Keys Workforce Housing Initiative. The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (48 -hour window) of a hurricane evacuation. Any development receiving the units would be required to sign a rental management agreement indicating they would be required to assure the evacuation of all occupants of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these units. The Florida Keys Area Protection Act requires that amendments to each local government's comprehensive plan to include "goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours." F.S. 380.0552(9)(a)2. In order to achieve this hurricane evacuation clearance time, the State Administration Commission modified the County's comprehensive plan, via administrative rule, to set an annual cap on ROGO allocations at 197 (71 of which must be used for affordable housing). F.A.C. 28- 20.140(2)(b). Individual cities also received allocations. Florida Keys' local governments that choose to participate in Governor Scott's initiative will work with DEO to amend their respective comprehensive plans to allow for additional building permits for rental workforce housing with the condition of early evacuation. The initiative will be considered by the Florida Cabinet on Tuesday May 15, 2018 — the day before the BOCC's regular monthly business meeting. DEO staff has advised County staff that it anticipates that the Cabinet will take its final action on the initiative on May 15'. Mayor Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends that the Board give direction to staff to explore options and work with DEO to develop sufficient information for the Board to consider should it decide to participate in the Governor's initiative DOCUMENTATION: Exhibit 1 Gov.Scott Press Release FS 380.0552 Florida Keys Area Protection Act 24 hour evacuation time FAC 28- 20.140 Work Plan ROGO allocations Resolution 226-2012 MOU Reso GOAL 215 3.1 FUTURE LAND_USE (1) 2017 Annual Keys Report Final AC Agenda 5 -15 -18 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: Emily Schemper Completed Steve Williams Completed Jaclyn Carnago Skipped Budget and Finance Skipped Maria Slavik Skipped Bob Shillinger Completed Kevin Wilson Skipped Assistant County Administrator Christine Hurley 05/08/2018 9:01 AM Mayte Santamaria Skipped Kathy Peters Completed Board of County Commissioners Pending 05/03/2018 11:12 AM 05/03/2018 12:57 PM 05/03/2018 9:55 AM 05/03/2018 11:21 AM 05/03/2018 11:21 AM 05/06/2018 5:29 PM 05/02/2018 5:04 PM Completed 05/02/2018 5:04 PM 05/08/2018 9:52 AM 05/10/2018 11:00 AM FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE May 2, 2018 (850)717 -9282 rnediaCeo.rnyflorida.� Gov. Scott Directs DEO to Enhance Workforce Housing in the Florida Keys TALLAHASSEE, Fla. — Governor Scott today directed the Department of Economic Opportunity (DEO) to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed much of the housing that served the workforce population and the proposed Keys Workforce Housing Initiative will allow local governments to grant additional building permits for rental properties. This initiative will be presented to the Florida Cabinet at the next meeting. Governor Scott said, "Hurricane Irma left a devastating impact on our state, especially in the Florida Keys and since the storm we have been working hard to rebuild even stronger than before. For business owners across the Keys, the availability of affordable workforce housing has been a challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will provide much - needed access to workforce housing, allowing businesses the opportunity to grow while providing a plan to ensure Keys residents can evacuate safely before a storm." DEO is charged with reviewing local development decisions in the Florida Keys due to its legislative designation as an Area of Critical State Concern. State law requires that growth be limited in the Keys to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. 'I";° ri - ev , _ rc..✓ i'i.[i>,. .,,,r , , , , Jeri a n „r ,.[ fi,.[€ fo1%,"w 'F0 u! i r _ r"t'to a'iie €",e <dd[ � ,.[m [ u..w �i I ri_iati "'111 r a.i(e « J . c : , c ) L! , D a r. a Ue. [ a u [6. a a [ u a u ? r tuL ['„ i u te § you r h „ ! Y a ¢ ,s v The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida Keys. Local goverr that choose to p a rfi6p ate it° the w'” with F to al=nend their ° ��reher° ° e Plans t few d r° sir° e i ° ee these safety e ��e�= er° . Cissy Proctor, Executive Director of DEO, said, "As I have toured the damage from Hurricane Irma, the number one priority of business and community leaders is the need for more workforce housing We are proud to provide an option to local governments that will help businesses have the talent they need to remain in the Keys and grow their companies. This solution will not only provide workforce housing for private- sector businesses but public servants, like law enforcement and teachers, as well. Our agency is committed to working with our partners in the Keys to provide ample workforce housing without compromising the safety of Floridians. We appreciate our partners at the Florida Division of Emergency Management for working with us to make sure Keys residents are still able to safely evacuate." Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the Florida Keys to a critical state, decimating an already strained stock of housing for our workforce. I have discussed this concern with Governor Scott and the Department of Economic Opportunity (DEO) both in Tallahassee and during the Governor's many visits to the Keys as he's lead us through our recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a creative solution to the most pressing recovery challenge still facing the Florida Keys and I encourage all Cabinet members to support this proposal." Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative ensures the safety of tourists and residents of the Keys during major storms, while allowing critical economic development activities to continue. We appreciate DEO's partnership in this endeavor." West's F.S.A. § 380.0552 380.0552. Florida Keys Area; protection and designation as area of critical state concern Effective: July 1, 2016 Currentness (1) Short title. - -This section may be cited as the "Florida Keys Area Protection Act." (2) Legislative intent. - -It is the intent of the Legislature to: (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. (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 federal, state, and local funding of water quality improvement projects, including the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable. 0) Ensure that the population of the Florida Keys can be safely evacuated. (3) Ratification of designation. - -The designation of the Florida Keys Area as an area of critical state concern, the boundaries of which are described in chapter 27F -8, Florida Administrative Code, as amended effective August 23, 1984, is hereby ratified. (4) Removal of designation. — (a) The designation of the Florida Keys Area as an area of critical state concern under this section may be recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the work program tasks specified in rules of the Administration Commission. (b) Beginning November 30, 2010, the state land planning agency shall annually submit a written report to the Administration Commission describing the progress of the Florida Keys Area toward completing the work program tasks specified in commission rules. The land planning agency shall recommend removing the Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that: 1. All of the work program tasks have been completed, including construction of, operation of, and connection to central wastewater management facilities pursuant to s. 403.086(10) and upgrade of onsite sewage treatment and disposal systems pursuant to s. 381.0065(4)(1); 2. All local comprehensive plans and land development regulations and the administration of such plans and regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in subsection (2), and are consistent with and further the principles guiding development; and 3. A local government has adopted a resolution at a public hearing recommending the removal of the designation. (c) After receipt of the state land planning agency report and recommendation, the Administration Commission shall determine whether the requirements have been fulfilled and may remove the designation of the Florida Keys as an area of critical state concern. If the commission removes the designation, it shall initiate rulemaking to repeal any rules relating to such designation within 60 days. If, after receipt of the state land planning agency's report and recommendation, the commission finds that the requirements for recommending removal of designation have not been met, the commission shall provide a written report to the local governments within 30 days after making such a finding detailing the tasks that must be completed by the local government. (d) The Administration Commission's determination concerning the removal of the designation of the Florida Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall be conducted by the Division of Administrative Hearings and must be initiated within 30 days after the commission issues its determination. (e) After removal of the designation of the Florida Keys as an area of critical state concern, the state land planning agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive plans, which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28 -29, Florida Administrative Code, as of January 1, 2006, for compliance as defined in s. 163.3184. All procedures and penalties described in s. 163.3184 apply to the review conducted pursuant to this paragraph. (f) The Administration Commission may adopt rules or revise existing rules as necessary to administer this subsection. (5) Application of this chapter. -- Section 380.05(1) -(5), (9) -(11), (15), (17), and (21) shall not apply to the area designated by this section for so long as the designation remains in effect. Except as otherwise provided in this section, s. 380.045 shall not apply to the area designated by this section. All other provisions of this chapter shall apply, including s. 380.07. (6) Resource planning and management committee. - -The Governor, acting as the chief planning officer of the state, shall appoint a resource planning and management committee for the Florida Keys Area with the membership as specified in s. 380.045(2). Meetings shall be called as needed by the chair or on the demand of three or more members of the committee. The committee shall: (a) Serve as a liaison between the state and local governments within Monroe County (b) Develop, with local government officials in the Florida Keys Area, recommendations to the state land planning agency as to the sufficiency of the Florida Keys Area's comprehensive plan and land development regulations. (c) Recommend to the state land planning agency changes to state and regional plans and regulatory programs affecting the Florida Keys Area. (d) Assist units of local government within the Florida Keys Area in carrying out the planning functions and other responsibilities required by this section. (e) Review, at a minimum, all reports and other materials provided to it by the state land planning agency or other governmental agencies. (7) Principles for guiding development. -- State, regional, and local agencies and units of government in the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for guiding development as specified in chapter 27F -8, Florida Administrative Code, as amended effective August 23, 1984, which is adopted and incorporated herein by reference. For the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions. However, the principles for guiding development are repealed 18 months from July 1, 1986. After repeal, any plan amendments must be consistent with the following principles: (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well -being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co -op; and 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; the installation and proper operation and maintenance of onsite sewage treatment and disposal systems; and other water quality and water supply projects, including direct and indirect potable reuse. 0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. �. r .'. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. (8) Comprehensive plan elements and land development regulations. - -The comprehensive plan elements and land development regulations approved pursuant to s. 380.05(6), (8), and (14) shall be the comprehensive plan elements and land development regulations for the Florida Keys Area. (9) Modification to plans and regulations. -- (a) Any land development regulation or element of a local comprehensive plan in the Florida Keys Area may be enacted, amended, or rescinded by a local government, but the enactment, amendment, or rescission becomes effective only upon approval by the state land planning agency. The state land planning agency shall review the proposed change to determine if it is in compliance with the principles for guiding development specified in chapter 27F -8, Florida Administrative Code, as amended effective August 23, 1984, and must approve or reject the requested changes within 60 days after receipt. Amendments to local comprehensive plans in the Florida Keys Area must also be reviewed for compliance with the following: 1. Construction schedules and detailed capital financing plans for wastewater management improvements in the annually adopted capital improvements element, and standards for the construction of wastewater treatment and disposal facilities or collection systems that meet or exceed the criteria in s. 403.086(10) for wastewater treatment and disposal facilities or s. 381.0065(4)(1) for onsite sewage treatment and disposal systems. 2. Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours The hurricane evacuation clearance time shall be determined by a hurricane evacuation study conducted in accordance with a professionally accepted methodology and approved by the state land planning agency. (b) The state land planning agency, after consulting with the appropriate local government, may, no more than once per year, recommend to the Administration Commission the enactment, amendment, or rescission of a land development regulation or element of a local comprehensive plan. Within 45 days following the receipt of such recommendation, the commission shall reject the recommendation, or accept it with or without modification and adopt it by rule, including any changes. Such local development regulation or plan must be in compliance with the principles for guiding development. Credits Laws 1979, c. 79 -73, § 6; Laws 1986, c. 86 -170, § 4; Laws 1989, c. 89 -342, § 1; Laws 1995, c. 95 -148, § 641. Amended by Laws 2006, c. 2006 -223, § 3, eff. July 1, 2006; Laws 2010, c. 2010 -205, § 34, eff. July 1, 2010; Laws 2011, c. 2011 -4, § 26, eff. July 6, 2011; Laws 2016, c. 2016 -225, § 7, eff. July 1, 2016. Notes of Decisions (1) West's F. S. A. § 380.0552, FL ST § 380.0552 Current with chapters from the 2018 Second Regular Session of the 25th Legislature in effect through May 10, 2018 11 b)id of Documew C 201 u 1 homsox7 Rc llci ; No claim to o i�zi aI I ;.�. Govc 7m iit Works. West's Florida Administrative Code Title 28. Administration Commission Subtitle 28. Model Rules of Procedure Chapter 28 -20. Land Planning Regulations for the Florida Keys Area of Critical State Concern - Monroe Count Part II Rule 28- 20.140, F.A.C. Fla. Admin. Code r. 28- 20.140 28- 20.140. Comprehensive Plan. Currentness (1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to read as follows: (2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives. (a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit Allocation System shall supersede Policy 101.2.1. (b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year's ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve -month period beginning on July 13. (c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No exemptions or increases in the number of allocations may be allowed other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the critical areas. (d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served or that would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant's score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Section 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility. (3) Reporting and Oversight. (a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following ROGO year. (b) If the Commission determines that progress has been made for the work program year, then the Commission may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO y ear. (c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist. (d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 351.0065(4) and 403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the Department of Health to enforce Sections 381.0065(4) and 403.086(10), F.S. (4) Policy 216.1.19. Hurricane Modeling. For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3 -5 wind event or Category C -E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead /Florida City. (5) WORK PROGRAM. (a) Carrying Capacity Study Implementation 1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries. 2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07 -GM166 and implement the Florida Keys Carrying Capacity Study, utilizing the updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work Group. 3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28- 20.110, F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan. 4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Group. 5. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines. 6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review Committee to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall be recommended during 2009 and subsequently coincide with the Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and appraisal report submitted following the 2011 evaluation and appraisal report shall also include an analysis and recommendations based upon the process described above. 7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority. 8. By July 1, 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county, state, federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief. 9. By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density /intensity. 10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and apply annually to at least one state or federal land acquisition grant program. 11. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton after a notice 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 Department to accurately depict evacuation clearance times for the population of the Florida Keys. 12. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24 -hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality in the Keys. 13. By July 1, 2012, the County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report. 14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department 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, the Department of Community Affairs 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. 15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission. (b) Wastewater Implementation 1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan. 2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems throughout the County and the Department of Health (DOH) and the Department of Environmental Protection (DEP) to fulfill the requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(1), F.S., regarding implementation of wastewater treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 treatment and disposal standards. 3. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of S50 million of the 5200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for the construction of wastewater projects within the Florida Keys. 4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish the County's annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions associated with bonds. 5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal grant program for wastewater projects and connections. 6. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities. 7. By December 1, 2013, the County shall provide a report of addresses and the property appraiser's parcel numbers of any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County Health Department, Department of Environmental Protection, and the Department of Community Affairs. This report shall describe the status of the County's enforcement action. (c) Wastewater Project Implementation. 1. Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility. a. By July 1, 2012, Monroe County shall complete construction of the South Transmission Line; b. By July 1, 2013, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J, and K; c. By July 1, 2012, Monroe County shall complete construction of Collection basins E -H; d. By December 1, 2011, Monroe County shall schedule construction of Collection basins I -K; e. By July 1, 2011, Monroe County shall complete construction of Collection basins I -K; f By July 1, 2011, Monroe County shall complete 50% of hook -ups to Key Largo Regional WWTP; g. By July 1, 2012, Monroe County shall complete 75% of hook -ups to Key Largo Regional WWTP; h. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP. 2. Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility. a. By July 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade /expansion, transmission, and collection system; b. By July 1, 2013, Monroe County shall complete construction of Duck Key collection system; c. By July 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP; d. By December 1, 2012, Monroe County shall complete 50% of hook -ups to Hawk's Cay WWTP; �. r .' e. By July 1, 2013, Monroe County shall complete 75% of hook -ups to Hawk's Cay WWTP; and f. By July 1, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP 3. South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System). a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP. 4. Cudjoe Regional Wastewater Treatment Facility. a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility, the Central Area ( Cudjoe, Summerland, Upper Sugarloaf) collection system and the Central Area Transmission Main; b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main; c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main; d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System and Transmission Main; e. By February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission main; f. By July 1, 2014, Monroe County shall initiate property connections - complete 25% of hook -ups to Cudjoe Regional WWTP; g. By July 1, 2015, Monroe County shall complete 50% of hook -ups to Cudjoe Regional WWTP; and It. By December 1, 2015, Monroe County shall complete remaining hook -ups to Cudjoe Regional WWTP. (d) Stormwater Treatment Facilities. 1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan. 2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District. 3. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements. Credits Adopted June 17, 2011. Authority: 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. Current with amendments available through April 23, 2018. Rule 28- 20.140, F.A.C., 28 FL ADC 28- 20.140 r 20 1 u 1 homsm7 Rcmtei ; No claim to oi7gTi7z I 1 i,S, (u)CVTItiT1c 111 Works � MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 226 - 2012 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA, RELATING TO THE STATE OF FLORIDA'S 2012 HURRICANE EVACUATION CLEARANCE TIME WORK GROUP; HURRICANE EVACUATION MODEL; WORK PROGRAM TASKS OF RULE 28- 20.140, F.A.C.; AND THE STATE'S RECOMMENDED ALLOCATION OF RESIDENTIAL BUILDING PERMITS TO MONROE COUNTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature and the Administration Commission have included Monroe County within the designated Florida Keys Area of Critical State Concern (Section 380.05, 380.0552, Florida Statutes), and WHEREAS, the Florida Legislature and the Administration Commission have mandated that Monroe County include within the goals, objectives, and policies of its Comprehensive Plan measures to protect public safety and welfare in the event of a hurricane, by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2., Florida Statutes; Rule 28- 20.140(5)(a)12. and 14., F.A.C.); and WHEREAS, the Monroe County 2010 Comprehensive Plan includes Objective 101.2 which directs Monroe County to reduce the hurricane evacuation clearance times to 24 hours by the year 2010, and Policy 216.1.8 establishing that in the event of a pending major hurricane (category 3 -5) Monroe County shall implement a staged /phased evacuation procedures to achieve and maintain an overall 24 -hour hurricane evacuation clearance time for the resident population, by evacuating: 1) Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non - residents, visitors, RV's, travel trailers, live - aboard, and military personnel from the Keys shall be initiated, 2) Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated, and 3) Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for Monroe County and other local governments within the Florida Keys Areas of Critical State Concern (ACSC) and the Key West Area of Critical State Concern shall be Page 1 of 5 determined by a state - approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology (Rule 28- 20.140(5)(a)11., F.A.C. and Rule 28 -36, F.A.C.); and WHEREAS, the Administration Commission directed the State Department of Economic Opportunity (DEO), by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys and Key West ACSCs or identify alternative evacuation strategies that support the 24 hour evacuation clearance time (Rule 28- 20.140(5)(a)12. andl4., F.A.C.); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group included representation from Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments "); and WHEREAS, the DEO's 2012 Hurricane Evacuation Clearance Time Work Group (the Work Group) evaluated, provided input, and, and ultimately recommended Scenario M5 from among the scenarios provide by DEO at its June 8, 2012 Work Group meeting; and WHEREAS, Scenario M5 included the 2010 Census site -built units (43,760 units, 27,320 occupied units); a 90% participation rate; the maximum number of residential building permits for new construction for all Local Governments per year for 10 years or 3,540 (annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling units on the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108 -126, as recommended by Monroe County Sheriff's Office. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys, including: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with 1,281 vacant parcels (I1 %), Islamorada with 1,109 vacant parcels (10 %), Key Colony Beach with 92 vacant parcels (0.81%), Key West with 84 vacant parcels (0.74 %), and Layton with 13 vacant parcels (0.11 %); and WHEREAS, the hurricane model for determining clearance time and, ultimately, the State's allocation of County residential building permits, is maintained and run by the DEO and other state agencies; and WHEREAS, DEO has determined, based on its data, input variables, and assumptions as set forth in Part Two of the attached MOU, that the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada staff requested new participation rate studies be conducted, due principally to the low sample sizes primarily for mobile homes relied upon by DEO and DEO anticipates conducting additional Page 2 of 5 human behavioral studies regarding participation rates in the future, prior to any further adjustments to the County's allocation of building permits; and WHEREAS, DEO has determined that mobile home residents live in vulnerable housing and should be encouraged to evacuate before residents of site -built homes, consistent with the adopted staged/phased evacuation comprehensive plan policies; and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available; and WHEREAS, the County is directed by Rule 28- 20.140(5)(a) 11, F.A.C. to enter into a memorandum of understanding (MOU) with the DEO and the other local governments in the Florida Keys & Key West ACSC, which MOU stipulates to the input variables and assumptions the DEO has used in the Florida Keys Hurricane Evacuation Model, or other models acceptable to the DEO, to accurately depict evacuation clearance times for the population of the Florida Keys; and WHEREAS, the County wishes to comply with Rule 28- 20.140, F.A.C. and ensure the availability of residential buildings permit allocations, consistent with the County's ability to safely evacuate its visitors and residents, and the intent of the Florida Keys ACSC to "protect the constitutional rights of property owners to own, use, and dispose of their real property" (Section 380.0552(2)(1), Florida Statutes); and WHEREAS, DEO officials have indicated, by letter to Monroe County Mayor David Rice, dated July 30, 2012, that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, still maintaining an evacuation clearance time of 24 hours; and WHEREAS, DEO will report to the Administration Commission on the review and completion of Work Program tasks in Rule 28- 20.140(5)(a)ll. -14., F.A.C., and provide the recommended allocation rates and distribution of allocations; and WHEREAS, the County has the following understandings, based on staff's discussions with DEO officials, and is relying on same, pending Administration Commission approval, in passing this Resolution: (a) that at least 1,970 of the available 3,540 permits will be allocated to the County, for issuance within unincorporated Monroe County, after July 1, 2013, at an annual rate the County deems appropriate and in accordance with its Comprehensive Plan, through June 30, 2023; and (b) that, after July 1, 2013, any permits allocated by the State to the City of Key West, which are not used within a given allocation year or for which the City is not eligible, will be distributed among the other local governments in the Florida Keys ACSC, in accordance with the proportion of vacant lands, in each jurisdiction, as indicated in the final report of the Work Group; and WHEREAS, the Administration Commission has directed DEO, DEM, and the Local Governments in the Keys to enter into an MOU to stipulate to the input variables and Page 3 of 5 assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys (Rule 28- 20.140(5)(a) I I., F.A.C.); and WHEREAS, at least 30 days notice and comment period for interested parties has been provided, as required by Rule 28- 20.140(5)(a) 11, F.A.C; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, as follows: ARTICLE I 1. That the Board of County Commissioners hereby stipulates, pursuant to Rule 28- 20.140(5)(a) 11, F.A.C., that: a. DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ( "TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Florida Keys; and b. DEO has identified, and the 2012 Hurricane Evacuation Clearance Time Work Group has recommended, the data, input variables, and assumptions set forth in Part Two of the attached Memorandum of Understanding for utilizing the TIME Model to depict a 24 -hour evacuation clearance time for the population of the Florida Keys. c. DEO has recommended that a minimum of 3,540 additional allocations could be distributed among Florida Keys Local Governments, while still maintaining an evacuation clearance time of 24 hours, and recognizes that Monroe County is anticipated to receive 1,970 allocations for the time period of July 1, 2013 to June 30, 2023. 2. That County staff is hereby directed to coordinate with the state and other Local Governments in the Florida Keys ACSC and the Key West ACSC, in order to establish a formal process facilitating the transfer of allocations from the City of Key West to the other local governments, based on the relative percentage of vacant lands within each Local Government, as assumed in the final report of the Work Group, for any allocations in the prior allocation year(s) which: a. The City of Key West is ineligible to receive for failure to comply with state law regarding mandated comprehensive plan adoptions or updates; or b. Are not allocated by the City during the prior allocation year, through its adopted building permit allocation ordinances. 3. That Monroe County Mayor David Rice is hereby authorized to execute the attached MOU on behalf of the Board of County Commissioners. Page 4 of 5 ARTICLE II GENERAL PROVISIONS SECTION 2.01 Severability If any section, subsection, sentence, clause, or provision of this resolution is held invalid or unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect the validity of the remaining portions, which shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 2.02 Effective Date This resolution shall become effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of the Board held on the 21 S` day of September, 2012. o 0 iAj c� U- r w �n •a Mayor David Rice Yes Mayor Pro Tem Kim Wigington No Commissioner George Neugent Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes 0 t (SEAL),' ATTEST:.' DANNY L. KOLHAGE, CLERK U- DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor David ce MON E OUNTY ATTORNEY A PROVED AS TO RM Date: Page 5 of 5 B.2.d r t4 08 -02 -12 HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF MONROE, CITY OF KEY WEST, ISLAMORADA, VILLAGE OF ISLANDS, CITY OF LAYTON, CITY OF KEY COLONY BEACH, CITY OF MARATHON, AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT This Memorandum of Understanding ( "MOU ") is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO "), the Florida Division of Emergency Management (the "Division "), and Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments ") (all collectively known as the "Parties ") for the purpose of complying with Rules 28 -18, 28 -19, and 28 -20, Florida Administrative Code. RECITALS: WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida Legislature and the Administration Commission have designated as Areas of Critical State Concern (the Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28 -36, hereinafter referred to as the "Keys ACSCs' ; and WHEREAS, the Local Governments have adopted state - mandated Comprehensive Plans and Land Development Regulations, which have been approved by the State, as required by Iaw; and WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of Critical State Concern includes: Keys; (a) Establish a land use management system that protects the natural environment of the Florida (b) Establish a land use management system that conserves and promotes the community character of the Florida Keys; (c) Establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services; (d) Provide affordable housing in close proximity to places of employment in the Florida Keys; (e) Establish a land use management system that promotes and supports a diverse and sound economic base; (f) Protect the constitutional rights of property owners to own, use, and dispose of their real property; 08 -02 -12 (g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land use activities in the Florida Keys; (h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the Florida Keys; (i) Protect and improve the nearshore water quality of the Florida Keys through the construction and operation of wastewater management facilities that meet the requirements of Sections 381.0065(4)(1) and 403.086(10), Florida Statutes, as applicable; and 0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2) Florida Statutes); and WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to hurricanes; and WHEREAS, the Florida Legislature and the Administration Commission have mandated that the Local Governments (except the City of Key West) include within the goals, objectives, and policies of their respective Comprehensive Plans measures to protect public safety and welfare in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2. Florida Statutes, Rule 28- 18.400(5)(a)10., F.A.C., Rule 28- 19.310(5)(a)5., F.A.C., and Rule 28- 20.140(5)(a)14., F.A.C.); and WHEREAS, Florida Administrative Code Rule 28- 36.003(2)(a)7. requires that the City of Key West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for the Florida Keys ACSC shall be determined by a state- approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology; and WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral Surveys Volumes 2 -11, and was funded by the state Legislature and the Federal Emergency Management Agency ( "FEMA "), provided the State's principal source of professionally acceptable data and analysis, augmented by other sources of data and analysis as referenced herein, for determining input variables and assumptions depicting evacuation clearance times for the population of the Florida Keys; and WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and WHEREAS, the Administration Commission has directed DEO, the Division, and the Local Governments to enter into this MOU to stipulate to the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models B.2.d t 08 -02 -12 acceptable to DEO in order to accurately depict evacuation clearance times for the population of the Florida Keys ACSC; and WHEREAS, DEO has determined that the Florida Division of Emergency Management's Transportation Interface for Modeling Evacuations ( "TIME ") Model is the model acceptable to DEO to accurately depict evacuation clearance times for the population of the Keys ACSCs; and WHEREAS, the Local Governments of the Florida Keys, except the City of Key Colony Beach, have regulated the rate and distribution of growth by implementing permit allocation systems to address hurricane evacuation clearance times; and WHEREAS, DEO and the Local Governments recognize that significant vacant lands remain in the Florida Keys: Monroe County with 8,758 vacant parcels (77% of total vacant lands), Marathon with 1,281 vacant parcels (11 %), Islamorada with 1,109 vacant parcels (10 %), Key Colony Beach with 92 vacant parcels (0.81 1 /6), Key West with 84 vacant parcels (0.74 0 /o), and Layton with 13 vacant parcels (0.11 %); and WHEREAS , DEO and the Local Governments recognize the need to balance limiting the maximum number of building permits for new construction of residential units to be issued annually in the Florida Keys with fairness and consideration of private property rights; and WHEREAS, to address hurricane evacuation modeling for the Florida Keys ACSCs, DEO established a Hurricane Evacuation Clearance Time Work Group ( "Work Group ") consisting of elected officials from each Local Government and representatives from DEO and DEM; in addition DEO invited representatives of special interests in the Florida Keys to participate, including the Florida Keys Federation of Chambers of Commerce, the Florida Restaurant and Lodging Association, the Lodging Association of the Florida Keys and Key West, the Monroe County Sheriffs Office, Naval Air Station - Key West, the environmental community, and a citizen's advocacy group; and further DEO requested technical advisors from DEO, the Division, and the Local Governments as well as the Northeast Florida Regional Planning Council, the South Florida Regional Planning Council, Monroe County Emergency Management, the National Weather Service, the National Hurricane Center, and the Florida Department of Transportation to participate in meeting discussion; and WHEREAS, four advertised public workshops were conducted in the Florida Keys where the Work Group reviewed studies and data from DEO and other agencies related to the occupancy, participation, human behavior, response curves, capacity of the evacuation route, and the number of automobiles that will likely be evacuated, and other factors; and WHEREAS, the Work Group evaluated information, provided input, and ultimately recommended Scenario M5; and WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group meeting, Scenario M5 included the 2010 Census site -built units (43,760 units); the maximum number of residential building permits for new construction for all Local Governments per year for 10 years (annually, County 197, Marathon 30, Islamorada 28, Key West 90, Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site -built units; the exclusion of 870 dwelling units on B.2.d 1 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: B.2.d 0 4 08 -02 -12 A. Number and Occupancy of Units by type of Unit: Tourist Units: 13,665 tourist units with 11,287 occupied units for the month of July (the month with highest average number of permanent and seasonal residents and tourists). The data source for the number and type of units and vehicular use is the Statewide Regional Evacuation Study Program for the South Florida Region and the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Licensee File Database, District 1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated herein as Exhibit 1. 2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source for the number and type of units, the vehicular use and occupancy of the units is the 2010 Census supplemented by the 2006 -2010 American Community Survey for Monroe County and the Statewide Regional Evacuation Study Program for the South Florida Region. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site -Built and Mobile Homes, is attached and incorporated herein as Exhibit 2. 3. Site -Built Units: 43,718 Site -built units with 27,320 occupied units. The data source for the number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 2006- 2010 American Community Survey and the Statewide Regional Evacuation Study Program for the South Florida Region. See Exhibit 2. B. Response Curve: The assumed Response Curve for model runs is 12 hours for all unit types as utilized in the 2010 Statewide Regional Evacuation Study Program for the South Florida Region. C. Participation Rates: The assumed Participation Rates are: 1. Tourist units: 100% 2. Mobile home units: 100% 3. Site -built units: 90% for a Category 5 event The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional Behavioral Analysis Volumes 2 -11, prepared for the South Florida Region, which DEO has determined reflect the best available data at this time. D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide Regional Evacuation Study and are attached and incorporated herein. B.2.d 0 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 B.2.d 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 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 B.2.d I L 7 08 -02 -12 Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D) above. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the dates below written. CITY OF KEY WEST, FLORIDA 8 B.2.d f 0 Shawn Smith, City Attorney B.2.d r 08 -02 -12 2012 Dam ATTESTS' Clerk Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA David Rice, Mayo 9 08 -02 -12 /O 2 0 /Z, 2012 Date ATTEST: City Clerk Approved as to • John R. 6 B.2.d CITY OF MARATHON, FLORIDA Wirt: Peter Worthington, Mayor I0 08 -02 -12 I 2012 Date CITY OF LAYTON, FLORIDA Norman S. Anderson, Mayor ATTEST: Mimi Young, City Cle Approved as to form and legal sufficiency: y ity Attorney 4&42 -12 $ A 1 2012 Date ATTEST: ' , City le& o Approved as to form and legal sufficiency: Thomas D. Wright, City Attorney CITY OF KEY COLONY BEACH, FLORIDA Ron Sutton, Mayor 12 B.2.d 1 08 -02 -12 ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA jScQ4cm h c, 2012 Date ATTEST: d Michael Reckwerdt, Slayor Village Cle Approved as to form and legal sufficiency: Nina Boniske, Village Attorney 13 B.2.d i I 08 -02 -12 Approved as to form and legal sufficiency: Assistant General Counsel STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Bry . Koon, Director 14 B.2.d L 08 -02 -I2 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity 1 � By: . A Assi ener ounsel Approved Date: STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY K. 96mas Beck, AICY Director, Division of Community Development 15 B.2.d I L r 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 3 v 0 0 c C v W 0 0 O 0 0 . 00 W C O d O n` r C m d c co 0 c 0) u E c ' a CL w u 0 o ! 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A C N v1 ut ul v) v) v1 v) m 0 0 m 0 0 01 0 0 O O O O v) v) v1 ut v) u1 00 00 00 W W W W 0 o W W 0 H m 0 0 0 0 0 0 0 0 pp v1 v1 v1 v1 v1 v1 vi v1 vi 01 m of a, P I n n n n n n n n n n n n n n n n n O. w m m m m m m m m m n n n n n n n n n n n n n tD W W W W W n n n n n n n n n n n n d u « a O 'a m aG ~ M lD N V O O rt O N r/ Vf N r1 W v) N n LO tD .-1 N tD n m N lD lD M .-1 m N N O N .ti l0 V vl 0 0, V1 r m m m to D -- -:T N m m N m m N m N o N o0 ti N m t m N tD V n Ln oo n N o N v) N o . O H N w N v) N o0 m N 00 .1 00 N 00 D IlD Q N N N N N • C t o O 'Q O) a) a) N a1 a) 0) a1 1 3 3 3 3 3 3 3 3 3 u a v a v a v v a c c L Y Y Y Y Y Y Y e Y 1 z c o \ 1 E� o. 'p \ 3 \ 3 \ 3 \ 3 \ 3 \ 3 \ 3 \ 3 3 c c c c - D - a - a -fO x d O in in .. in in in w �n O O O O 0 0 0 a 0 a 0 0 0 m 0 00 0 DD 0 00 0 0 0' 0 O O O O O m w 0 0 0 0 0 L L L L i ` ` A ` ` `0 m `0 `0 I C 3 3 3 3 3 3 3 3 3 C C C C 0 C 0 C 0 G 0 G 0 L m m m O E O E O E O E O E O E m J m J m J m J m J m J m J m J m J m J m J m� J N d O p » » > > > > > O O O O O O O O O m m m m m m — m m m m > > >> T T > Y Y Y Y Y Y Y Y Y �^ �^ 'l '^ Y Y Y Y Y Y Y Y Y Y Y Y O co o1 O 1.-41 N M a VI t0 P QO o1 O N N M a H t0 P a0 m O N N M< M t0 N a0 O1 O N N M O N to a, p N W 0 N 0 N N N rt N .v 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 M N M N M N M N M N M N M N M N M N M N N O N O N a N N N N N I ja � N N H N rl N N rl N rl N N rl N rl N N N r/ N N N rl N N rl N N N N rl N N rl rl N N N N N ' O H 3 v 0 0 c C v W 0 0 O 0 0 . 00 W C O d O n` r C m d c co 0 c 0) u E c ' a CL w u 0 o ! O z CL w C d c v - 3 v= Y N 3 0 > N C u 0 N o w V 0 C O � `c 0 i m � F ao L 7 v L 'u — c 3 0 > u a c Y W a ' a 0 0 J 0 a) � N � 0 W 0 0 O H W a � c 0 aJ O N U 0 0 O c L o O a � q 6 y N y w O O LL N OD K O Y c O w A OD K r- i i i , r V r r s i r Exhibit 2 Table of Traffic Evacuation Zone (TEZ) Occupancy Data: Site -Built and Mobile Home Units TEZ Sub- County Location Site -Built Mobile Home Total Occupancy Rate Occupied Total Total Occupancy Rate Occupied Total 1208 Key West 2,196 67.85% 1,490 1 100.00% 1 1209 Key West 2,252 65.32% 1,471 69 100.00% 69 1210 Key West 1,387 87.89% 1,219 8 100.00% 8 1211 Key West 2,779 77.69% 2,1591 42 100.00% 42 1212 Key West 514 92.61% 476 0 0.00% 0 1213 Key West 1,069 87.65% 937 365 96.44% 352 1214 Key West 289 85.35% 247 10 100.00% 10 1215 Key West 1,586 77.96% 1,236 15 100.00% 15 1216 Key West 699 78.40% 548 10 100.00% 10 1217 Key West 610 81.97% 5001 576 89.06% 513 1218 Key West 106 84.91% 90 304 79.28% 241 1219 Key West 448 86.61% 388 0 0.00% 0 1220 Lower Keys 1,041 86.36% 899 517 56.87% 294 1221 Lower Keys 1,112 71.22% 792 50 100.00% 50 1222 Lower Keys 1,521 55.03% 837 472 40.25% 190 1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181 1224 Lower Keys 1,174 59.20% 695 343 62.97% 216 1225 Lower Keys 464 63.79% 296 20 100.00% 20 1226 Middle Keys 747 56.09% 419 458 77.95% 357 1227 Middle Keys 1,613 58.15% 938 204 69.12% 141 1228 Middle Keys 3,854 49.35% 1,902 298 45.64% 136 1229 Middle Keys 1,093 37.60% 411 192 44.79% 86 1230 Middle Keys 258 62.79% 162 422 9.01% 38 1231 Middle Keys 1,155 34.37% 397 9 66.67% 6 1232 Upper Keys 525 57.52% 3021 123 33.33% 41 1233 Upper Keys 273 57.88% 158 64 34.38% 22 1234 Upper Keys 885 49.83% 441 122 53.28% 65 1235 Upper Keys 2,299 57.16% 1,314 79 37.98% 30 1236 Upper Keys 619 53.96% 334 162 54.94% 89 1237 Upper Keys 933 52.52% 490 366 45.63% 167 1238 Upper Keys 377 75.86% 286 177 20.90% 37 1239 Upper Keys 1,509 55.53% 838 105 2.86% 3 1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 1241 Upper Keys 1,009 79.58% 803 293 49.15% 144 1242 Upper Keys 487 63.24% 308 809 48.21% 390 1243 Upper Keys 1,114 52.96% 590 649 63.64% 413 1244 Upper Keys 605 32.23% 195 10 50.00% 5 1245 Upper Keys 1,071 34.08% 365 32 46.88% 15 1246 Mainland Monroe 4 50.00% 2 11 45.46% 5 Mainland _ 12_47_ _ Mo Totals _ _ _17 43,718 _ _7 9_% _ _ 1 2 27,320 _ _ _0 8,134 _0% _ _ _0_.0 _ 0 4,576 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County i s • Exhibit 3 Table of Traffic Evacuation Zone (TEZ) Vehicle Per Unit Data: Site - Built, Mobile Home and Tourist Units TEZ Sub- County Location Site -Built Mobile Home Tourtst(basedonJUlyOccupancy) Occupied Units Vehicle per Unit Total Vehicles Occupied Units Vehicle per Unit Total Vehicles i!Qctupied " Units Vehiclq�per Un Total Vehicles 1208 Key West 1,490 1.08859 1,622 1 1.00000 1 1,804 1.1 1,984 1209 Key West 1,471 0.99544 1,464 69 0.85507 59 1,535 1.1 1,689 1210 Key West 1,219 1.364231 1,663 8 1.37500 11 147 1.1 162 1211 Key West 2,159 1.41147 3,048 42 1.45238 61 1,0351 1.1 1,139 1212 Key West 476 1.22899 585 0 0.00000 0 190 1.1 209 1213 Key West 937 1.31910 1,236 352 1.36080 479 0 1.1 0 1214 Key West 247 1.45398 359 10 1.50000 15 28 1.1 31 1215 Key West 1,236 1.29993 1,607 15 1.26667 19 208 1.1 229 1216 Key West 548 1.31934 723 10 1.30000 13 898 1.1 988 1217 Key West 500 1.40800 704 513 1.40156 719 1 1.1 1 1218 Key West 90 1.64444 148 241 1.63900 395 19 1.1 21 1219 Key West 388 0.00000 0 0 0.00000 0 1 1.1 1 1220 Lower Keys 899 1.22914 1,105 294 0.62925 1851 1 1.1 1 1221 Lower Keys 792 1.92045 1,521 50 1.92000 96 103 1.1 113 1222 Lower Keys 837 1.24134 1,039 190 1.60000 304 80 1.1 88 1223 Lower Keys 1,659 1.41772 2,352 181 1.70166 308 62 1.1 68 1224 Lower Keys 695 1.01727 707 216 1.71759 371 165 1.1 182 1225 Lower Keys 296 1.75000 518 20 1.70000 34 5 1.1 6 1226 Middle Keys 419 0.94033 394 357 1.03081 368 392 1.1 431 1227 Middle Keys 938 1.51386 1,420 141 1.39716 197 151 1.1 166 1228 Middle Keys 1,902 1.71451 3,261 136 1.75735 239 1,154 1.1 1,269 1229 Middle Keys 411 1.52555 627 86 1.58140 136 455 1.1 501 1230 Middle Keys 162 1.71605 278 38 1.71053 65 59 1.1 65 1231 Middle Keys 397 1.62972 647 6 1.66667 10 117 1.1 129 1232 Upper Keys 302 1.89073 571 41 1.90244 78 136 1.1 150 1233 Upper Keys 158 1.88608 298 22 1.86364 41 780 1.1 858 1234 Upper Keys 441 0.00000 0 65 0.00000 0 72 1.1 79 1235 Upper Keys 1,314 1.86758 2,454 30 1.76667 53 70 1.1 77 1236 Upper Keys 334 1.79042 598 89 1.78652 159 16 1.1 18 1237 Upper Keys 490 1.32245 648 167 0.93413 156 131 1.1 144 1238 Upper Keys 286 1.60140 458 37 1.56757 58 40 1.1 44 1239 Upper Keys 838 1.95346 1,637 3 2.00000 6 165 1.1 182 1240 Upper Keys 714 1.88936 1,349 174 1.40230 244 654 1.1 719 1241 Upper Keys 803 1.81071 1,454 144 1.83333 264 180 1.1 198 1242 Upper Keys 308 1.42532 439 390 1.40513 548 1 1.1 1 1243 Upper Keys 590 2.12881 1,256 413 1.93220 798 145 1.1 160 1244 Upper Keys 195 0.46154 90 5 1.60000 8 221 1.1 243 1245 Upper Keys 365 0.81096 296 15 1.86667 28 66 1.1 73 1246 Mainland Monroe 2 1.50000 3 5 1.40000 7 0 1.1 0 Mainland _ 12_47 Mo Totals _ _ _12 27,320 _ 0. 0_ 00 0_0 _ _ 0 38,579 _ _ 0 4,576 0 _ _ _0 6,533 _ _0 11,287 1. 1 _ _ _ 0 12,416 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region Exhibit 4 Table of Traff ic Evacuation Zone (TEZ) Vehicle Use Rate Data: Site - Built, Mobile Home and Tourist Units TEZ Sub- County Location Site -Built Mobile Home TOOrlst {based on July Occupancy) Total Vehicles Vehicle Use Rate Available Vehicles Total Vehicles Vehicle Use Rate Available Vehicles 1041' ehi`des' Vehicle Use hate 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 12 101 Key West 1,663 90% 1,497 11 90%1 10 162 100% 162 1211 Key West 3,048 90% 2,743 61 90% 55 1,139 100%1 1,139 1212 Key West 585 90% 526 0 90% 0 209 100%1 209 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%1 12 988 100% 988 1217 Key West 704 90% 634 719 90% 647 1 100% 1 1218 Key West 148 90% 133 395 90% 356 21 100%1 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% 721 113 100% 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%1 182 1225 Lower Keys 518 75% 388 34 75% 26 6 100% 6 1226 Middle Keys 394 80% 315 368 80% 294 431 100% 431 1227 Middle Keys 1,420 80% 1,136 197 80% 158 166 100% 166 1228 Middle Keys 3,261 80% 2,609 239 80% 191 1,269 100% 1,269 1229 Middle Keys 627 80% 502 136 80% 109 501 100% 501 1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 1231 Middle Keys 647 80% 518 10 80%1 8 129 100% 129 1232 Upper Keys 571 85% 485 78 85% 66 150 100% 150 1233 Upper Keys 298 85% 253 41 85% 35 858 100% 858 1234 Upper Keys 0 85% 0 0 85% 0 79 100% 79 1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77 1236 Upper Keys 598 85% 508 159 85% 135 18 100% 18 1237 Upper Keys 648 85% 551 156 85%1 133 144 100% 144 1238 Upper Keys 458 85%1 389 58 85% 49 44 100% 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85% 1,147 244 85% 207 719 100% 719 1241 Upper Keys 1,454 85% 1,236 264 85% 224 198 100% 198 1242 Upper Keys 439 85% 373 548 85% 466 1 100% 1 1243 Upper Keys 1,256 85% 1,068 798 85%1 678 160 100% 160 1244 Upper Keys 90 85% 76 8 85% 7 243 100% 243 1245 Upper Keys 296 85% 252 28 85% 24 73 100%1 73 1246 Mainland Monroe 3 75% 2 7 80% 6 0 100% 0 Mainland 1_247 Mo Totals _ _ _0 38,579 75 _ _ 0 32,394 _ _ 0 6,533 _ _8 _ _0 5,461 _ _ _0 - 12,416 _ _ _ _10_0% _ _ _0 - 12,416 Source data: 2010 US Census and 2006 -2010 American Community Survey for Monroe County; Smith Travel Research 2012: Historic Trend Report; 2010 Statewide Regional Evacuation Study: South Florida Region i s i s • ■ Exhibit 5 Table of Traffic Evacuation Zone (TEZ) Data: Special Population Sub - County Special Population Number of TEZ Originating Location Location Type Beds /Vehicles Used Florida Keys Community University 1216 Key West Population College - Blue Lagoon 100 vehicles Residence Hall NAS Key West NAS Key West - Boca 1220 Lower Keys I 2,338 vehicles Personnel Chica Source data: Naval Air Station (NAS) Key West; Florida Keys Community College • • Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway 1(Overseas Highway) and CR 905 /Card Sound Road in the Florida Keys, Monroe County, Florida Milemarkers Functional Maximum Sustainable From To Area Location/Description Flow Rate per Functional Evacuation Lane Lane Lower Key West to Stock 2 4 2 900 Keys Island Lower Stock Island To Big 4 9 2 900 Keys Coppitt Key Lower Big Coppitt to Keys 9 17 Sugarloaf Key 1 1,100 Lower Sugarloaf toCudjoe 17 22 1 1,100 Keys Key Lower Cudjoe Key to 22 24 Summerland Key Cove 1 1,100 Keys Ai ort Lower Summerland Key Cove Keys 24 25 Airport to Summerland 1 1,100 Ke Lower 25 30 Summerland Key to 1 1,100 Keys Bia Pine Ke Lower Big Pine Key to West Keys 30 34 Summerland Keys 1 1,050 Lower West Summerland Keys 34 35.2 Keys to Spanish 1 1,100 Harbor Keys Lower Spanish Harbor Keys Keys 35.2 36.5 to Bahia Honda Bridge 2 1,100 Lower Bahia Honda Bridge to 36.5 37.5 1 1,100 Keys Bahia Honda Key Middle Bahia Honda Key to 37.5 47 1 1,200 Middle 47 48 Hog Key to Boot Key 1 1,100 Keys Middle 48 50.2 Boot Key to Marathon 2 900 Keys Middle Marathon to Marathon 50.2 58 2 900 Y Middle Marathon Shores to 50.8 54 2 900 Keys Key Colony Beach Middle Key each to 54 54.5 2 900 Ke ys Deer Key Middle Deer Key to Grassy Keys 54.5 58 Key 1 1,100 Grassy Key to Upper Keys 58 74 1 1,100 Matecumbe Harbor Upper Keys 74 80 Matecumbe Harbor to 1 1,100 Teatable Ke Teatable Key to Upper Keys 80 83.5 1 1,100 Islamorada Islamorada Windley Upper Keys 83.5 85.6 1 1,100 Key Upper Keys 85.6 90 Windley Key to 1 1,100 Plantation Key Upper Keys 90 100 Tavernier Key to 2 900 Newport Key Newport Key to Upper Keys 100 105 2 900 Sexton Cove Upper Keys 105 106.3 Sexton Cove to 2 900 Rattlesnake Key Upper Keys 1063 126.5 Rattlesnake Key to 1 1,200 Card Sound Road Upper Keys 126.5 HEFT Card Sound Road to 1 900 HEFT • v • ■ Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway I (Overseas Highway) and CR 905 /Card Sound Road in the Florida Keys, Monroe County, Florida Milemarkers Functional Maximum Sustainable From To Area Location/Description Flow Rate per Functional Evacuation Lane Lane Int CR Lake Surprise to Upper Keys 106.3 905 /CR Crocodile Lake 1 1,100 Ocean Int CR Tanglefish Key to Upper Keys 905 /CR 1 1,100 Reef 905A Crocodile Lake Int CR Crocodile Lake to Upper Keys 905 /CR USI 1 1,100 South Miami Dade 905A Source data: Florida Department of Transportation: Letter to Department of Community Affairs on June 18, 2010 - Tables 2A and 28; Statewide Regional Evacuation Study for the South Florida Region • • [- ■ Monroe County Comprehensive Plan GOAL 215 Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. [F.S. § 163.3178(2)(d)] Objective 215.1 Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours. [F.S. § 163.3178(2)(d)] Policy 215.1.1 Monroe County shall continue to work cooperatively with the municipalities and DEO to complete the tasks within Rule 28- 20.140 F.A.C, related to hurricane evacuation modeling. [F.S. § 163.3178(2)(d)] Policy 215.1.2 During a hurricane evacuation, Monroe County shall designate US 1 and Card Sound Road as evacuation routes as directed by the Department of Emergency Management. [F.S. § 163.3178(2)(d)] Policy 215.1.3 Monroe County shall annually identify and establish staffing and equipment need priorities which are directly related to increasing efficiency during hurricane evacuation, including, but not limited to, communication systems, emergency coordination personnel, public education personnel, and development review personnel. Opportunities for fulfilling the deficiencies with reliable interagency support shall be identified and interlocal agreements initiated. [F.S. § 163.3178(2)(d)] Policy 215.1.4 In the event of a pending major hurricane (category 3 -5) Monroe County shall implement the following staged /phased evacuation procedures to achieve and maintain an overall 24 -hour hurricane evacuation clearance time for the resident population. 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) 1� 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 Key Bridge to CR 905 and CR 905A intersection (MM 63- 106.5 and MM 1 -9.5 of CR 905) 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 County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual evacuation events and increases, decreases and or shifts in population; particularly the resident and non - resident populations. [F.S. § 163.3178(2)(d)] This Policy shall not increase the number of allocations to more than 197 residential units a year, except for affordable housing. Any increase in the number of allocations shall be for affordable housing only. Policy 215.1.5 In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan, special needs populations shall be identified by the Monroe County Department of Emergency Management. Monroe County shall implement the procedures contained in the Plan for the safe evacuation of these populations. [F.S. § 163.3178(2)(d)] Policy 215.1.6 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt land development regulations which require that all new and redeveloped marinas provide a hurricane contingency plan for review and approval before permits can be issued. [F.S. § 163.3178(2)(d)] Policy 215.1.7 Monroe County shall establish separate dedicated funds to accommodate future technological advances in hurricane analyses and communication systems for the Emergency Management and Emergency Communications Department. [F.S. § 163.3178(2)(d)] Policy 215.1.8 During a hurricane evacuation, Monroe County shall implement the procedures contained in the Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal bridge openings including coordination with the U. S. Coast Guard and Florida Department of Transportation. [F.S. § 163.3178(2)(d)] Policy 215.1.9 Monroe County shall maintain a Post - Disaster Recovery Plan which will include a structured procedure aimed at debris removal preparedness during hurricane evacuation and re -entry LO (See Objective 216.2 and related policies). [F.S. § 163.3178(2)(d)] J Policy 215.1.10. LD Monroe County shall coordinate with the Florida Department of Transportation (FDOT) to u ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation clearance time at 24 hours are completed. [F.S. § 163.3178(2)(d)] u Policy 215.1.11 Monroe County shall continue to evaluate programs to reduce the number of evacuating vehicles including, but not limited to programs to encourage ride - sharing and transit usage and, consistent with applicable law, evacuating vehicle registration requirements. [F.S. § 163.3178(2)(d)] Policy 215.1.12 Reduced evacuation clearance times which may result from adjustments to evacuation model variables, programs to reduce the number of evacuating vehicles or increased roadway facility capacity, shall not be used to increase development expectations beyond the growth allocations provided herein, except to the extent that a hurricane evacuation clearance time of 24 hours can be maintained. Any necessary reduction in hurricane clearance times shall be accomplished by a plan amendment within 180 days of the re- assessment. Policy 215.1.13 For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3 -5 wind event or Category C -E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead /Florida City. (Rule 28- 20.140 5/1/2011) Objective 215.2 Monroe County shall continue to address existing and projected shelter deficiencies for Category 1 and 2 storms. [F.S. § 163.3178(2)(d)] Policy 215.2.1 Monroe County shall monitor the need for in- county shelters on an annual basis. [F.S. § 163.3178(2)(d)] Policy 215.2.2 Monroe County shall coordinate with State and Federal agencies to evaluate the potential establishment of a dedicated Category 5 Emergency Operations Center. Objective 215.3 Monroe County shall continue to seek to provide additional shelter spaces outside Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. [F.S. § 163.3178(2)(d)] Policy 215.3.1 Monroe County shall continue to coordinate with the Florida Division of Emergency Management, the South Florida Regional Planning Council, Miami -Dade County, the Red Cross LO and other appropriate agencies to identify sufficient approved shelter spaces (including pet - friendly shelter space) outside of Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. Priority consideration shall be given to expansion of the currently designated shelter at Florida International University in order to consolidate Monroe LD County shelter spaces in one location. [F.S. § 163.3178(2)(d)] Policy 215.3.2 u Monroe County shall maintain an intergovernmental agreement with Miami -Dade County and other appropriate agencies (e.g., Board of Regents, American Red Cross) in an attempt to provide sufficient approved spaces outside of Monroe County for all county residents who will seek shelter from a Category 3 or greater hurricane. (See Policy 1301.7.4) [F.S. § 163.3178(2)(d)] 1� Monroe County Comprehensive Plan 3.1 - FUTURE LAND USE GOAL 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)] Objective 101.1 Monroe County shall ensure that all development and redevelopment taking place within its boundaries does not result in a reduction of the level -of- service requirements established and adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive plan amendments include an analysis of the availability of facilities and services or demonstrate that the adopted levels of service can be reasonably met. [F.S. § 163.3177; F.S. § 163.3180] Policy 101.1.1 Monroe County shall maintain level of service (LOS) standards for the following public facility types required by Chapter 163, F.S.: sanitary sewer, solid waste, drainage, and potable water. Additionally the County shall maintain LOS for roads, and parks and recreation. The LOS standards are established in the following sections of the Comprehensive Plan: 1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1 and 301.1.2; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. Policy 101.1.2 Monroe County shall maintain land development regulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). Policy 101.1.3 Facilities for potable water, sanitary sewer, solid waste and drainage shall be in place and available to serve new development no later than the issuance of the certificate of occupancy or its functional equivalent. If facility improvements are needed to ensure that the adopted level -of- service standards are achieved and maintained, prior to commencement of construction, a developer is required to enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility. [F.S. § 163.3180] Policy 101.1.4 Parks and recreation facilities to serve new development shall be in place or under actual construction no later than one (1) year after issuance by the County of a building permit. The acreage (land) for such facilities shall be dedicated or be acquired by the County prior to issuance of a building permit, or funds in the amount of the developer's fair share shall be committed no later than the County's approval to commence construction. If park and recreation facility improvements are needed to ensure that the adopted level -of- service standards are achieved and maintained, prior to commencement of construction, the developer is required to enter into a binding and legally enforceable commitment to the County to assure construction of the facilities. Policy 101.1.5 Transportation facilities needed to serve new development shall be in place when the impacts of the development occur. If transportation facilities are needed to ensure that the adopted level - of- service standards are achieved and maintained, prior to commencement of construction, a developer is required to enter into a binding and legally enforceable commitment to the County to assure construction or improvement of proportionate share of required improvements, or to assure the provision of the proportionate share contribution of the costs for the necessary transportation facilities. The development of a single family residential unit shall be considered de minimis and shall not be subject to this requirement. Policy 101.1.6 Prior to the approval of a building permit, Monroe County shall consult with the Florida Keys Aqueduct Authority (FKAA) to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the County of a certificate of occupancy or its functional equivalent Objective 101.2 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28- 20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted between the County and all the municipalities and the State agencies. Policy 101.2.1 Monroe County shall maintain a memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ( "TIME ") Model to accurately depict evacuation clearance times for the population of the Florida Keys. Policy 101.2.2 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and Division of Emergency Management to update the variables and assumptions for the evacuation clearance time modeling and analyses of the build -out capacity of the Florida Keys Area of Critical State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed hurricane evacuation clearance time modeling by the State Land Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28- 20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours. The County will adopt a slower rate of annual allocations for market rate development to extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency Management; and 3) a new or revised memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy 101.2.1). Policy 101.2.3 The County will consider capital improvements based upon the need for improved hurricane evacuation clearance times. The County will coordinate with the FDOT, the state agency which maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized. Policy 101.2.4 In the event of a pending major hurricane (Category 3 -5) Monroe County shall implement the following staged /phased evacuation procedures to achieve and maintain an overall 24 -hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non - residents, visitors, recreational vehicles (RVs), travel trailers, live- aboard vessels (transient and non - transient), and military personnel from the Florida 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 Key Bridge to CR 905 and CR 905A intersection (MM 63- 106.5 and MM 1 -9.5 of CR 905) 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 County 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. For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of allocations to more than 197 residential units a year, except for affordable housing. Any increase in the number of allocations shall be for affordable housing. Objective 101.3 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural and man -made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance time of 24 hours. Policy 101.3.1 Monroe County shall maintain a Permit Allocation System for new residential development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits issued for new residential dwelling units. The ROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development (Future development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). New residential dwelling units included in the ROGO allocation system include the following: affordable housing units; market rate dwelling units; mobile homes; and institutional residential units (except hospital rooms). Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under no circumstances shall a vessel, including live- aboard vessels, or associated wet slips be transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or THE (Transfer of ROGO Exemption). ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and seasonal residential units are subject to Policy 101.3.5. Policy 101.3.2 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July 12, 2023, plus any available unused ROGO allocations from a previous ROGO year. A ROGO year means the twelve -month period beginning on July 13. Market rate allocations shall not to exceed 126 residential units per year. Unused allocations for market rate shall be available for Administrative Relief. In 2012, pursuant to Rule 28- 20.140, F.A.C., the Department of Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III -A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations which the State will allow the County to award, the County will consider adopting an extended timeframe for distribution of the ROGO allocations through 2033 with committed financial support from its State and Federal partners. This timeframe can provide a safety net to the County and provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an active role both directly and financially in the defense of such cases. July 13, 2013 —July 12, 2014 126 71 July 13, 2014 —July 12, 2015 126 71 July 13, 2015 —July 12, 2016 126 July 13, 2016 —July 12, 2017 126 July 13, 2017 —July 12, 2018 126 July 13, 2018 —July 12, 2019 126 568 total AFH (total available immediately) July 13, 2019 —July 12, 2020 126 July 13, 2020 —July 12, 2021 126 July 13, 2021 —July 12, 2022 126 July 13, 2022 —July 12, 2023 126 TOTAL 1,260 710* *(includes two annual affordable ROGO allocations for the Big Pine Key /No Name Key subarea) The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. Monroe County will request a Rule change from the Administration Commission to authorize the above allocation timeframe and rate. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in Policy 205.1.1. Policy 101.3.4 The Permit Allocation System (or Rate of Growth Ordinance) for new residential development shall specify procedures for: establishing the annual number of permits for new residential units to be issued during the next ROGO year based upon, but not limited to the following: a. expired allocations and building permits in previous year; b. allocations available, but not allocated in previous year; c. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by Administration Commission Rules; f. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and g. receipt or transfer of affordable housing allocations by intergovernmental agreement; and h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding. 2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3; and 3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance of permits for new residential development during the calendar year. Policy 101.3.5 Due to the limited number of allocations and the State's requirement that the County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential allocations for hotel or motel rooms, campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024 -2011) Policy 101.3.6 All public and institutional uses (except hospital rooms) that predominately serve the County's non - transient population and which house temporary residents shall be subject to the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. Policy 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation System, for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief workers involved in reconstruction activities. Temporary emergency housing may be permitted subject to the following: • Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such units are provided to residents and relief workers as part of emergency relief efforts. • Building permits for temporary emergency housing for displaced residents on single family parcels shall be limited to one recreational vehicle (or similar approved sheltering unit) per lot, and occupancy shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. • Building permits for temporary emergency housing for displaced residents on nonresidential or mixed use sites shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the placement and duration of temporary emergency housing for relief workers shall be required. Occupancy of temporary emergency housing for relief workers shall not exceed the duration specified by the BOCC resolution, but may only be extended at the discretion of the BOCC by an additional resolution. Policy 101.3.8 Monroe County may permit temporary non - emergency housing, not subject to the Permit Allocation System, for temporary occupancy by workers undertaking a long -term capital improvement project to provide site security for the capital improvement project site; or to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties. Temporary non - emergency housing may be permitted subject to the following: • Temporary non- emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy by employees in order to provide project site security for a long -term capital improvement project or to avoid delay in completing ongoing or future airport safety and capacity improvements. • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the placement of a temporary non - emergency housing unit to provide site security for a capital improvement project shall be required. The BOCC resolution shall specify the location (placement of the unit at the project site) and the duration of the temporary housing unit, not to exceed 180 days. No more than one (1) temporary non - emergency housing unit shall be approved per project site. Occupancy may only be extended at the discretion of the BOCC by an additional resolution. When considering such placement, the BOCC shall take into account the number of times a parcel has been used for temporary non - emergency housing purposes for capital improvement projects and shall consider compatibility, complications, public comment and other circumstances that may require a site to be utilized for more than 365 consecutive days. • Occupancy of temporary non - emergency housing necessary to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties shall not exceed 30 days after the completion of the associated project, unless an extension is granted by the BOCC. For all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed. Policy 101.3.9 For those ROGO applications and properties which have not received a ROGO award for four consecutive years and have applied for administrative relief, which are designated Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding for such is available. Refusal of the purchase offer shall not be grounds for granting a ROGO award. Policy 101.3.10 Notwithstanding any other provision of the Plan, ROGO allocations utilized for affordable housing projects may be pooled and transferred between ROGO sub - areas, excluding the Big Pine /No Name Keys ROGO subarea, and between local government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local government jurisdictions must be accomplished through an interlocal agreement between the sending and receiving local governments. Policy 101.3.11 Monroe County may receive additional building permit allocations pursuant to the 2012 completed hurricane evacuation clearance time modeling and allocation recommendations by the State Land Planning Agency and the Administration Commission's direction that the City of Key West would transfer annually (by July 15th) any remaining unused allocations for that year to the other Florida Keys' local governments based upon the local governments' ratio of vacant land. Any transferred allocations from the City of Key West to Monroe County shall be made available for Administrative Relief. Objective 101.4 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve the needs of the future population of Monroe County. Policy 101.4.1 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known as the Nonresidential Rate of Growth Ordinance ( NROGO) System. Monroe County shall maintain a balance between residential and nonresidential growth by limiting the floor area of new nonresidential development available within the County to maintain a maximum of 47,083 square feet of floor area per NROGO year. The nonresidential allocation allowed by this policy shall be distributed on an annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development (Future development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). Policy 101.4.2 The Permit Allocation System for new nonresidential floor area (Nonresidential Rate of Growth Ordinance) shall specify procedures for: 1. Establishing the annual amount of new nonresidential floor area to be allocated during the next NROGO year based upon, but not limited to: a. the amount of previously allocated nonresidential floor area reclaimed during the preceding NROGO years due to the abandonment or expiration of approved development that received a NROGO allocation award; b. the amount of nonresidential floor area available for allocations but not allocated in the previous NROGO year; c. the amount of nonresidential floor area not made available for the previous NROGO year allocation by the BOCC; d. modifications required or provided by this plan; e. modifications required or provided by Administration Commission Rules; and f. receipt or transfer of floor area by intergovernmental agreement. 2. Timing of the acceptance of applications, evaluation and scoring of applications, and issuance of permits for new nonresidential development during the NROGO year. Policy 101.4.3 Commencing NROGO Year 22 (July 13, 2013 through July 12, 2014), the NROGO bank shall be proportionally distributed between the three ROGO subareas: 1) Upper Keys, 2) Lower Keys and 3) Big Pine /No Name Keys. The NROGO bank shall be maintained by an account per each ROGO subarea and a general account for the Upper and Lower Keys ROGO subarea. NROGO bank, means the cumulative total of a) NROGO allocations that were not awarded and thereby not allocated due to a lack of demand, b) nonresidential floor area not made available for the annual NROGO allocation by the board of county commissioners; and c) allocated nonresidential floor area reclaimed due to the abandonment or expiration of approved development that received a NROGO allocation award. Policy 101.4.5 The NROGO allocation system shall not apply to the following nonresidential developments 1. Any area of the unincorporated County exempted from the residential ROGO permit allocation system. 2. Public facilities and public /governmental uses (used either temporarily or permanently), including capital improvements and public buildings. NOTE: All public and institutional uses (except hospital rooms) that predominately serve the County's non - transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. 3. De minimis expansion of or de minimis addition of new nonresidential floor area of an individual property, not exceed 1,000 square feet of new nonresidential floor area. 4. Within Tier III designated areas, nonresidential development by federally tax - exempt not - for- profit institutional uses (educational, scientific, research, health, social service, religious, cultural, and recreational organizations) shall be exempt upon a finding by the Planning Commission that such activity will predominately serve the County's non - transient population. 5. Industrial uses in the Maritime Industries (MI) and the Industrial (1) land use (zoning) districts. 6. Uses permitted in the Rockland Key Commercial Retail Center Overlay District. 7. Agricultural and aquacultural uses. 8. Canopies. 9. Airport hangars. 10. Marine educational /research facilities and marine related science and technology research facilities. 11. Commercial fishing uses, which are defined in the Land Development Code and which are within a commercial fishing zoning category. 12. Recreational and commercial working waterfront uses, as defined by § 342.07, F.S., excluding transient uses. These exemptions shall not be available on lands designated as Tier I or, if clearing is proposed, designated as Tier 111 -A (SPA). Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [F.S. § 163.3177(6)(a)] FUTURE LAND USE CATEGORIES Policy 101.5.1 The principal purpose of the Residential Conservation (RC) future land use category is to encourage preservation of open space and natural resources while providing for very low - density residential development in areas characterized by a predominance of undisturbed native vegetation. Low - intensity public uses and utilities are also allowed. Policy 101.5.2 The principal purpose of the Residential Low (RL) future land use category is to provide for low - density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. Policy 101.5.3 The principal purpose of the Residential Medium (RM) future land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed on or before January 4, 1996. Policy 101.5.4 The principal purpose of the Residential High (RH) future land use category is to provide for high- density single - family, multi - family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. Policy 101.5.5 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density, intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.5.6 The principal purpose of the Mixed Use /Commercial (MC) future land use category is to provide for the establishment of mixed use commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This future land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and nonresidential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the preservation and enhancement of community character and recreational and commercial working waterfronts. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 3. maximum net residential density shall be zero. In order to preserve and promote recreational and commercial working waterfront uses, as defined by [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime Industries (MI) land use (zoning) district within this land use category: When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a minimum of 35% of the upland area of the property for those uses. To incentivize additional preservation of recreational and commercial working waterfront uses, the following shall be available: i. For the preservation of 36 -50% of the upland area of property for working waterfront and water dependent uses, up to 20,000 square feet of nonresidential floor area from the NROGO bank shall be provided to the property; and ii. For the preservation of 50% or more of the upland area of property for working waterfront and water dependent uses, the residential density on the property may be developed pursuant to the maximum net density standard without the use of TDRs. 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live- aboard vessels solely used as a residence and not for navigation. 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live- aboard vessels solely used as a residence and not for navigation. 4. The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. 5. For permanent residential development, parcels within the MI zoning district shall be limited to commercial apartments or employee housing. Commercial apartment means an attached or detached residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. 6. The preservation of a public access walkway, and a public access boat launch if one already exists, shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square feet of floor area. (Ord. No. 032 -2012) Policy 101.5.7 The principal purpose of the Mixed Use /Commercial Fishing (MCF) future land use category is to provide for the maintenance and enhancement of commercial fishing and related traditional water - dependent and water - related uses such as retail, storage, and repair and maintenance which support the commercial fishing, sport fishing, and charter boats industry. Residential uses are also permitted. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 3. maximum net residential density shall be zero. Policy 101.5.8 The principal purpose of the Commercial (COMM) future land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail; highway - oriented sales and services; commercial recreation; light industrial; public, institutional and office uses may be permitted at intensities which are consistent with the community character and the natural environment. The commercial zoning districts established within this category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or permanent residential development. In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category: 1. only low intensity commercial uses shall be allowed; and 2. a maximum floor area ratio of 0.15 shall apply. (Ord. No. 010 -2013) Policy 101.5.9 The principal purpose of the Industrial (1) future land use category is to provide for the development of industrial, manufacturing, and warehouse and distribution uses. Other commercial, public, residential, and commercial fishing - related uses are also allowed. Residential uses are limited to employee housing or commercial apartments. Policy 101.5.10 The principal purpose of the Agriculture /Aquaculture (A) future land use category is to encourage new, retention and expansion of existing agricultural and aquaculture uses. [F.S. § 163.3177(6)(a)] Policy 101.5.11 The principal purpose of the Recreation (R) future land use category is to provide for public and private activity -based and resource -based recreational facilities. [F.S. § 163.3177(6)(a)] Policy 101.5.12 The principal purpose of the Institutional (INS) future land use category is to provide for institutional uses by federally tax - exempt, nonprofit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, health care, and recreational organizations. Related institutional residential and nonresidential uses, including student and employee housing, shall be allowed. [F.S. § 163.3177(6)(a)] Policy 101.5.13 The principal purpose of the Educational (E) future land use category is to provide for public educational facilities. The County shall coordinate with the School Board to balance educational facility land requirements with other land use objectives. In recognition of Monroe County's environment and the linear distribution of its population, the County shall encourage schools to accommodate building and facility requirements on existing sites. When new school sites are required, school shall be encouraged to locate proximate to urban residential areas and other public facilities. [F.S. § 163.3177(6)(a)7.] Policy 101.5.14 The principal purpose of the Public Buildings /Lands (PB) future land use category is to provide for public buildings and grounds owned by federal, state and local governments, which serve the population of the County. In order to serve the health care needs of the community, federally tax - exempt, non - profit institutional uses, limited to hospitals and their ancillary facilities, may also be permitted within the PB future land use districts. [F.S. § 163.3177(6)(a)] Policy 101.5.15 The principal purpose of the Public Facilities (PF) future land use category is to provide for land owned by public and private utilities and service providers. In order to serve the health care needs of the community, federally tax - exempt, non - profit institutional uses, limited to hospitals and their ancillary facilities, may also be permitted within the PB future land use districts. [F.S. § 163.3177(6)(a)] Policy 101.5.16 The principal purpose of the Military (M) future land use category is to provide for federally owned lands used for military purposes. Development densities and intensities are not subject to regulation by Monroe County. Military commanders will be requested to follow these recommended densities and intensities as specified in Policy 101.5.25, consistent with natural resource constraints as well as all County environmental design criteria. [F.S. § 163.3177(6)(a)3.a.] Policy 101.5.17 The principal purpose of the Conservation (C) future land use category is to provide for publicly or privately owned lands held primarily for the preservation of natural and historic resources and compatible passive recreational uses. Public uses consistent with the purpose of this category shall be allowed. [F.S. § 163.3177(6)(a)3.f.] Policy 101.5.18 The principal purpose of the Preservation (P) future land use category is to provide for publicly owned lands held exclusively for the preservation of natural resources. [F.S. § 163.3177(6)(a)3.f.] Policy 101.5.19 The principal purpose of the Airport District (AD) future land use category is to facilitate the operations of airports and their compatible uses and to prohibit the development of residential uses (excluding temporary non - emergency housing), non - compatible educational uses (including but not limited to pre -K through high schools) and /or other uses which are characterized by the regular presence of large numbers of people within the hazard areas of civil and military airports. In addition to privately owned civil airports located within the unincorporated areas of the County, this Monroe County Future Land Use Map (FLUM) designation applies to the airports owned by the County within the cities of Key West and Marathon, and the County shall have review authority over all permit applications. [F.S. § 163.3177(6)(a)3.b.] Policy 101.5.20 The principal purpose of the Mainland Native (MN) future land use category is to protect the undeveloped and environmentally sensitive character of land within Monroe County that is located on the mainland of the Florida peninsula. Very low density residential uses and low - intensity educational and research centers shall be allowed. All land in the mainland portion of Monroe County is hereby designated as Mainland Native. [F.S. § 163.3177(6)(a)3.f.] OVERLAY CATEGORIES Policy 101.5.21 The principal purpose of the Historic (H) overlay category is to identify existing and potential historic districts for designation, protection, and preservation (See Goal 104 and supporting objectives and policies). Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. [F.S. § 163.3177(6)(a)3.f.] Policy 101.5.22 The principal purpose of the Community Center (CC) overlay is to identify a defined geographic development focal area according to each of the adopted Livable CommuniKeys Community Master Plans. The intent of this overlay is to implement the action items identified in the Livable CommuniKeys Community Master Plans, pursuant to Policy 101.19.2. Within three years of the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt the Community Center overlays as identified by the Livable CommuniKeys Community Master Plans included in Policy 101.19.2 on the Future Land Use Map. Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. Policy 101.5.23 The principal purpose of the Correctional Facility (CF) overlay category is to identify compatible areas for the development of a facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include, but are not limited to, adult detention centers, juvenile delinquency centers, jails, and prisons. These facilities house prisoners who are in the custody of city /county /law enforcement and the facilities are typically government owned. Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. (AD zoning) 0 rooms/spaces N/A Commercial (COMM) 0 d N/A (Cl and C2 zoning) 0 rooms/spaces N/A 0.15-0.50 0.20 Conservation (C) 0 d N/A (CD zoning) 0 rooms/spaces N/A 0.05 0.90 Education (E) (d) 0 d N/A Per 0.30 underlying (no directly corresponding zoning) 0 rooms/spaces N/A zoning Industrial (1) 1 du 2 du (I and MI zoning) 0 rooms/spaces N/A 0.25-0.60 0.20 Institutional (INS) (d) 0 d N/A Per 0.30 underlying (no directly corresponding zoning) 15 rooms/spaces 24 rooms/spaces zoning Mainland Native (MN) 0.01 du N/A (MN zoning) 2 spaces (e) N/A 0.03 0.95-0.99 Military (M) 6 d 12 du 0.30-0.50 0.20 (MF zoning) 10 rooms/spaces 20 rooms/spaces I du 2 du (MI) (DR, MU, MI) 6-18 du (SC) 0.10-0.45 3 du (SC) 12 du (UC) (SC, UC, DR, Mixed Use/Commercial 6 du (UC) (MC) (f)(g) Commercial 12-18 du (MU) MU) (k) (SC, UC, DR, RV, MU and MI Apartments zoning) (RV) (h) 18 du (DR) <2,500 SF (RV) 0.20 10-25 0.30-0.60 (MI) 5-15 rooms/spaces rooms/spaces I du 12 du (CFA, Mixed Use/Commercial Fishing (CFSD-20) 0) CFSD) (MCF) (f) 3 du (CFA, all (CFA, CFV, CFSD zoning) other CFSD) N/A (CFV) 0.25-0.40 0.20 1 du/lot (CFV) MI 5w, MI .: w r N/A 0 rooms /spaces Preservation (P) (d) 0 du N/A (P zoning) 0 rooms /spaces N/A 0 1.00 Public Buildings /Lands 0 du N/A Per (P B) (d) 0.30 underlying (no directly corresponding zoning) 0 rooms /spaces N/A zoning Public Facilities (PF) (d) 0 du N/A Per (no directly corresponding zoning) 0 rooms /spaces N/A 0.30 underlying zoning Recreation (R) 0 du N/A (PR zoning) 2 rooms /spaces N/A 0.20 0.90 0 -0.10 du (OS) Residential Conservation (RC) N/A (OS and NA zoning) 0.25 du (NA) N/A 0 -0.20 0.95 0 rooms /spaces 3 du (SR -L) 0.50 du 5 du (SR) Residential Low (RL) or 0.50 (SR, SR- 1 du /lot (SR) 0.25 L) (SS, SR, and SR -L zoning) N/A (SS) 0.80 (SS) 0 rooms /spaces N/A 1 du /lot (IS, IS -V, N/A Residential Medium (RM) IS -M) (IS, IS -V, IS -M and IS -D ( j ) zoning) 2 du /lot (IS -D) 0 rooms /spaces N/A 0 0.20 6 du (UR) 12 -25 du (UR) Residential High (RH) 1du /lot (URM, (k) (IS -D 0) , URM, URM -L and UR URM -L) N/A (IS -D, URM, zoning) 2 du /lot (IS -D) URM -L) 0 0.20 0 -10 0 -20 MI .: w r MI IN IN on 5w, MI IN IN on 5w, (Ord. No. 032 -2012; Ord. No. 010 -2013; Ord. No. 004-2017 § 1, 5 -17 -2017) Policy 101.5.26 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction in overall County residential density and the preservation of Monroe County's native habitat by enacting legislation which implements the following policy statements for private applications for future land use map amendments which increase allowable residential allocated density. Private application(s) means those applications from private entities with ownership of the upland development and parcel(s) of land or includes private upland development on County -owned land. Private applications requesting future land use map designation amendments received after the effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required, upon amendment approval, to comply with either option (1) or (2) below: For every acre of land, and /or fractions thereof, where there is a request to increase residential density, a private applicant shall purchase and dedicate land to Monroe County for conservation that is a minimum of twice the size of the parcel subject to the proposed request and has a residential density development potential equal or greater to the density increase being requested. The following requirements apply: • The dedicated land shall be designated as Tier I, Tier II or Tier III -A Special Protection Area and be located on Big Pine Key /No Name Key or be within the same subarea of unincorporated Monroe County as the proposed increase in residential density. Dedicated land may also be used by an applicant for ROGO points. • The dedicated land shall contain predominantly non - scarified native upland habitat and /or undisturbed wetland habitat. The land shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C) or Preservation (P). 2. For each requested additional unit of residential density, a private applicant shall purchase and dedicate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map to Monroe County to ensure the equivalent density requested is mitigated (excludes the dedication of lots for affordable housing). The following requirements apply: Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the request for increased allowable residential density, pursuant to option (a) or (b) below: (a) The dedicated IS lot(s) shall be designated as Tier I, Tier II or Tier III -A Special Protection Area and be located on Big Pine Key /No Name Key or be within the same subarea of unincorporated Monroe County as the proposed increase in residential density. • The dedicated lot shall contain predominantly non - scarified native upland habitat and /or undisturbed wetland habitat. The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The dedicated IS lot(s) must still have 1 (one) unit of allocated density per lot (i.e., may not have sent density to another site via TDRs or have any other restriction on development rights via deed restriction or similar mechanism). • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C). (b) The dedicated IS lot(s) shall be designated as Tier III, must have 1 unit of allocated density per lot and must be within the same subarea of unincorporated Monroe County as the proposed increase in residential density. • The IS lot(s) shall be dedicated to Monroe County for the retirement of development rights; or • The IS lot(s) may be dedicated to Monroe County for affordable housing projects. For options (1) and (2) described above, the parcel which is the subject of the request to increase its residential density must be designated as Tier III and have existing public facilities and services and available central wastewater facilities. Under this policy, no net increase in residential density will be permitted. Requires the donation of 24 acres of non - scarified Example 12 acres requesting a FLUM amendment native upland habitat and /or undisturbed of to increase density wetland habitat, designated as Tier I, Tier II or Option 1 Tier III -A. (12 acres x 2 = 24 acres) (a) Requires the donation of 20 IS lots of non - 20 acres with a total allocated density scarified native upland habitat and /or Example allowing the development of 20 units, undisturbed wetland habitat, designated as Tier I, of Tier II or Tier III -A; or requesting to increase density to allow 40 Option 2 units (b) Requires the donation of 20 IS lots designated as Tier III for affordable housing. (Increase of 20 units = 201S lots) (Ord. No. 028 -2012) Policy 101.5.27 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation for properties in the Ocean Reef planned development shall be limited to 40 percent. Except as defined in Policy 101.11.2, clearing of upland native vegetative areas in the Tiers I, II, III and Tier III -A shall be limited to the following percentages or maximum square footage: Tier Permitted Clearing 20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area. The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. 40% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of II upland native vegetative area (Big Pine Key and No Name Key). 40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet, of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is III permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. 40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500 square feet of upland native vegetation. III-A The clearing of parcels in Tier III-A shall be limited to 7,500 square feet per parcel. For Special parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and Protection No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is Area permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest MI 1W IN 00 5W, reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. *Clearing for palm or cactus hammock is limited to only 10% and the maximum amount of clearing shall be no more than 3,000 square feet. (Ord. No. 026 -2012) Policy 101.5.28 Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101.5.27 shall control. (Ord. No. 026 -2012) Policy 101.5.29 Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully established unit. Such lawfully - established dwelling unit(s) shall not be considered as nonconforming as to the density provisions of Policy 101.5.25 and the Monroe County Code. Policy 101.5.30 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Height is defined as the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding spires and /or steeples on structures used for institutional and /or public uses only; chimneys; radio and /or television antennas; flagpoles; solar apparatus; utility poles and /or transmission towers; and certain antenna supporting structures with attached antennas and /or collocations. However, in no event shall any of the exclusions enumerated above be construed to permit any habitable or usable space to exceed the applicable height limitations, except as specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts, there shall be no exceptions to the 35 -foot height limitation. ( Ord. No. 016 -2017 , § 1, 9 -27- 2017) Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding community, and has a distinct community character, buildings may include non - habitable architectural decorative features (such as finials, railings, widow's walk, parapets) that exceed the 35 -foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the building's roof -line. This exception shall not result in a building together with any architectural decorative feature with a height that would exceed 40 feet. As used in this policy, a master planned community means a planned community of 100 or more acres in area subject to a master plan or other development order approved by the county where public access is restricted and the community is operated and maintained by the community including the provision of comprehensive, private utilities and transportation facilities and services within its boundaries and a homeowners association or similar entity which regulates development standards and monitors development requests by its members. ( Ord. No. 016 -2017 , § 1, 9 -27 -2017) Policy 101.5.32 Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up to a maximum of five (5) feet above the 35 -foot height limit shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three (3) feet above FEMA base flood elevation; and a flood protection height exception of a maximum of three (3) feet above the 35 -foot height limit shall be provided to allow new (new construction or substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA base flood elevation. These exceptions are in order to promote flood protection, minimize flood damage, reduce flood insurance premiums and minimize future expenditures of public funds for recovery from flood events. In no case shall a Flood Protection Height Exception result in a new building exceeding a maximum height of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet. ( Ord. No. 016 -2017 , § 1, 9 -27 -2017) Policy 101.5.33 Within 1 year of the effective date of this policy, Monroe County shall adopt Land Development Regulations which provide a Flood Protection Height Exception for lawfully established existing buildings which exceed the 35 -foot height limit, to promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established existing building may be repaired, improved, redeveloped and /or elevated to meet required FEMA base flood elevation (BFE) provided the building does not exceed a total maximum building height of 40 feet, and the building is limited to the existing lawfully established intensity, floor area, building envelope (floor to floor height), density and type of use. For lawfully established existing buildings that are proposed to exceed a total height of 40 feet, a public hearing before the Planning Commission and the Board of County Commissioners shall be required to review and specify the maximum approved height prior to issuance of any county permit or development approval. The Planning Commission shall provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt a resolution specifying the maximum approved height. ( Ord. No. 016 -2017 § 1, 9 -27 -2017) Objective 101.6 Monroe County shall maintain and implement a Point System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: 1. maintain and enhance the character of the community [F.S. § 163.3177(6)(a)2.c.]; 2. protect natural resources [F.S. § 163.3177(6)(a)3.f.]; 3. encourage a compact pattern of development [F.S. § 163.3177(6)(a)2.h.]; 4. encourage the development of affordable housing; 5. direct future growth to appropriate infill areas and away from inappropriate locations not suitable for development such as environmentally sensitive areas, Coastal Barrier Resource System (CBRS) Units, and V- zones; and 6. encourage development in areas served by central wastewater treatment systems Policy 101.6.1 Monroe County shall maintain land development regulations which provide for a Point System for new residential (ROGO) and nonresidential (NROGO) development. Except for affordable housing, this Point System, as set forth in Policy 101.6.4 for residential development and Policy 101.6.5 for nonresidential development, shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policy 101.6.4 and Policy 101.6.5. For market rate housing units or nonresidential development to be awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and nonresidential development. Policy 101.6.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas. Other criteria and corresponding points are allocated to encourage development to the most appropriate locations and discourage development from inappropriate locations. In the Big Pine Key /No Name Key subarea the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and amended Habitat Conservation Plan (HCP) /Livable CommuniKeys Plan (LCP) to cover the properties within CBRS system units in the subarea; as well as an amended FEMA Biological Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his property may be granted an allocation through the ROGO process that may be used once that property owner obtains all required permits and authorizations required under the Endangered Species Act and other applicable federal and state laws. The allocation will remain valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the coordination and pick up a building permit. Policy 101.6.3 In order to encourage a compact form of nonresidential growth, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new nonresidential development primarily to areas designated as Tier III under Goal 105, not areas designated as a Special Protection Area (Tier III -A) and provide incentives for redevelopment of existing developed and vacant infill sites. Other criteria and corresponding points are available to encourage development to the most appropriate locations and discourage development from inappropriate locations. (See Policy 101.4.1.) Policy 101.6.4 ROGO : Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. For all applications entering the Residential Permit Allocation system after July 13, 2016, the following points and criteria shall apply: 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan (HCP) and the Livable CommuniKeys Community Master Plan. Note: Habitat Conservation Plan for Florida Key Deer ( Odocoileus virginianus clavium ) and other Protected Species on Big Pine Key and No Name Key, Monroe County, Florida. Revised April 2005 Point Criteria (Within Big Pine Key and No Name Key): Assignment (Ord. No. 030 -2012) Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. 'Applies to new applications entering the permit allocation system after July 13, 2016. 'Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and the remainder of the parcels shall be placed under a conservation easement disallowing any clearing of native habitat. 'Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land development regulations to not allow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and /or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation. 4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots shall not be subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were approved on the Plat. Point 1, z, s,4 Criteria (Within Big Pine Key and No Name Key): Assignment: Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key will earn additional points as specified. +3 per lot /parcel aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier I area on Big Pine Key and No Name Key will earn additional points as specified. +4 per lot /parcel aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is aggregated in a designated Tier I area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. 'Applies to new applications entering the permit allocation system after July 13, 2016. 'Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and the remainder of the parcels and shall be placed under a conservation easement disallowing any clearing of native habitat. 'Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land development regulations to disallow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and /or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation. 4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands. Platted lots shall not be subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of lots that lawfully existed as of September 15, 1986 and that were approved on the Plat. 5. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas, Tier 11 (Big Pine Key and No Name Key), Tier III -A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of retirement of development rights or providing land for affordable housing where appropriate. Applicants can utilize lands dedicated pursuant to Policy 101.5.26; however, submerged lands (inundated by water) shall not be eligible for land dedication. (Ord. No. 029 -2012) MI IN IN on 5w, MI IN IN on 5w, plated lot uplands. Each additional vacant, le al& platted lot +k meets the aforementioned # E OM OM � specified. Additional Requirements A statutory warranty deed that conveys the dedicated property to the county shall be approved by the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the land dedication may include, but are not limited to, affidavit of no encumbrance(s), entity affidavit, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. *The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a functional equivalent or increased energy or water savings. Policy 101.6.5 NROGO: Monroe County shall implement the nonresidential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification pursuant to Goal 105. The points are intended to be applied cumulatively. For all applications entering the Nonresidential Permit Allocation system after July 13, 2016, the following points and criteria shall apply: Tier Designation - Utilizing the Tier System for land classification, the following points shall be assigned to allocation applications for proposed nonresidential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which are targeted for acquisition and the retirement of development rights for resource conservation and protection: Pine Key and No Name Key Livable CommuniKeys Community Master Plan. after January 13, 2013. (Ord. No. 030 -2012) 3. Land Dedication - The following points shall be assigned to allocation applications to encourage the voluntary dedication of vacant, buildable land within Tier I, Tier II (Big Pine Key and No Name Key) designated areas, Tier III -A (Special Protection Areas -SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of providing land for the retirement of development rights or affordable housing where appropriate. Applicants can utilize lands donated pursuant to Policy 101.5.26; however, submerged lands (inundated by water) shall not be eligible for land dedication. (Ord. No. 029 -2012) Point Assignment: Criteria (Outside Big Pine Key and No Name Key): Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated +4 for each as Tier III for affordable housing, containing a minimum of 2,000 square feet of uplands. platted lot Each additional vacant, legally platted lot which meets the aforementioned requirements will earn the additional points as specified. Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated +5 for each as Tier III containing a minimum of 2,000 square feet of uplands. Each additional vacant, platted lot legally platted lot that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000 +4 for each square feet of uplands, designated as Tier III for the retirement of development rights. parcel Each additional vacant parcel that meets the aforementioned requirements will earn points as specified. Proposes dedication to Monroe County of a vacant legally platted lot within a Tier I +1 for each area, designated as Residential Low and containing a minimum of 2,000 square feet of platted lot uplands. Each additional vacant, legally platted lot, that meets the aforementioned requirements will earn points as specified. +0.5 for each Proposes dedication to Monroe County of one (1) vacant, legally platted lot within a platted lot Tier I area, designated as Residential Conservation, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the MI IN IN on 5w, the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. Other documents related to the approval of the land dedication may include, but are not limited to, affidavit of no encumbrance(s), entity affidavit, subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the issuance of any building permit pursuant to an allocation award. 5. Perseverance Points - Point Assignment: Criteria: For parcels designated Tier I, II or III -A, one (1) point shall be awarded for each +1 per year for the year that the allocation application remains in the allocation system up to four first 4 years (4) years. +0.5 per year after the After four (4) years, the application shall be awarded 0.5 points for each year the first 4 years application remains in the system. +2 per year for the For parcels designated Tier III, two (2) points shall be awarded for each year that first 4 years the allocation application remains in the allocation system up to four (4) years. +1 per year after the After four (4) years, the application shall be awarded one (1) point for each year first 4 years the application remains in the system. Applications entering the NROGO system after July 13, 2016, shall receive perseverance points as listed above. 7. Landscaping, Energy and Water Conservation - The following points shall be assigned to allocation applications on lands designated as Tier III to encourage the planting of native vegetation and promote water conservation and increased energy efficiency: 8. Central Wastewater System Availability* - The following points shall be assigned to allocation applications to direct development to areas with central sewer: *NOTE: See "Available" as defined within the Glossary. 10. Payment to the Land Acquisition Fund - Up to two (2) whole points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately- owned, buildable IS /URM zoned, platted lots. 11. Community Centers - The following points shall be assigned to allocation applications to encourage, nonresidential development within an area designated as a Community Center in an adopted Livable CommuniKeys Plan. Policy 101.6.6 The ROGO and NROGO Systems shall be monitored through the evaluation and appraisal review statutory process and shall be revised as necessary based on new studies and data in a manner that is consistent with and furthers the goals, policies, and objectives of this plan. Policy 101.6.7 Monroe County shall allow for the development of residential developments with multiple units within the Permit Allocation System. If a project ranks high enough in the Point System for a portion of the development to receive an allocation award, but the project includes more units than are available during an allocation period, the entire project may receive allocation awards if the excess allocation is reduced from the next allocation period(s). Policy 101.6.8 Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for the transfer off -site of dwelling units, hotel rooms, campground /recreational vehicle spaces and /or mobile homes to another site in the same ROGO subarea, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. Dwelling units may be transferred as follows: a. between sites in the Upper Keys ROGO subarea; b. between sites in the Lower Keys ROGO subarea; c. between sites in the Big Pine Key and No Name Key ROGO subarea; i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the Lower Keys ROGO subarea. No sender units may be transferred to an area where there are inadequate facilities and services. Sender Site Criteria: 1. Contains a documented lawfully - established sender unit recognized by the County; and 2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; 2. Must meet the adopted density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.); 4. Located within a Tier III designated area; and 5. Structures are not located in a velocity (V) zone or within a CBRS unit. Policy 101.6.9 Nonresidential development on Big Pine Key and No Name Key will be allocated pursuant to the following additional criteria: Development must be: 1. Infill in existing commercial areas in Tier II and Tier III lands, mainly along the U. S. 1 corridor on Big Pine Key. 2. All new nonresidential development will be limited to disturbed or scarified lands. 3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located within the designated Community Center Overlay as designated by Action Item 4.1.5. 4. New allocations shall be awarded moderate positive points to applicants who fulfill the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. Development that is exempt from NROGO will not be subject to criteria 1 through 4 above. Objective 101.7 Monroe County shall establish policies to provide for the purchase of land from property owners who have not been awarded building permit allocations in the Permit Allocation System. Policy 101.7.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, offer to purchase the property for fair market value or permit the minimum reasonable economic use of the property, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Nonresidential ( NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Nonresidential Permit Allocation System; and 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned parcel of record which was buildable immediately prior to the effective date of the Plan, no less than a single - family residence. A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier 11 or III -A (Special Protection Area); or, 3. a designated Tier III area on a non - waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Policy 101.7.2 Monroe County recommends that the Monroe County Land Authority dedicate a minimum of 35 percent of its annual budget each year for the purpose of acquiring land from qualified property owners as defined by Policy 101.7.1. Funds accumulated from this source shall be reserved for the acquisition of land from qualified property owners, but may also be used to acquire other properties when deemed appropriate by the Land Authority. Policy 101.7.3 Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. Objective 101.8 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming uses are an important part of the community character and the County desires to maintain such character and protect these lawfully established, nonconforming uses and allow them to be repaired or replaced. [F.S. § 163.3177 (6)a.2.e.] Policy 101.8.1 Monroe County shall prohibit the expansion of nonconforming uses Policy 101.8.2 Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new use conforms to all applicable provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.3 Monroe County shall prohibit the relocation of a structure in which a non - conforming use is located unless the use thereafter conforms to the provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.4 With the exception of nonconforming uses located in the Mixed Use /Commercial Fishing Future Land Use category or within a Community Center Overlay, if a structure in which a nonconforming use is located is damaged or destroyed so as to require substantial improvement, then the structure shall be repaired or restored only for uses which conform to the provisions of the Future Land Use category and zoning district in which it is located. Improvements to historic sites, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. Policy 101.8.5 Lawful nonconforming uses existing as of September 15, 1986 and located within the Mixed Use /Commercial Fishing category or within a Community Center Overlay, as indicated on the Future Land Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use, building footprint and configuration without increase in density or intensity of use. Policy 101.8.6 Monroe County shall prohibit the re- establishment of nonconforming uses which have been discontinued or abandoned. Policy 101.8.7 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and transient uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in density /intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.8.8 Any nonconforming use may be subject to compulsory termination when it is found detrimental to the conservation of the value of surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a nonconforming use, the BOCC will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. Policy 101.8.9 Accessory uses or structures associated with a lawful nonconforming principal use may be permitted if in compliance with the LDC. Objective 101.9 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming structures are an important part of the community character and the County desires to maintain such character and protect these lawfully established, nonconforming structures and allow them to be repaired or replaced. [F.S. § 163.3177(6)(a)2.e.] Policy 101.9.1 Substantial improvement is defined as any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the pre- destruction market value of the structure. Improvements to historic structures, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. Policy 101.9.2 Enlargements and extensions to lawful nonconforming structures outside of the Mixed Use Commercial Fishing District or a Community Center Overlay shall be allowed, provided that: 1. the improvement does not constitute a substantial improvement; 2. a nonconforming use is not located in the nonconforming structure; and 3. the nonconformity is not further violated. Policy 101.9.3 A nonconforming structure, other than a locally or nationally registered historic structure, shall not be moved unless it thereafter shall conform to the applicable provisions of the Monroe County Code. Policy 101.9.4 With the following exception, nonconforming structures which are damaged or destroyed so as to require substantial improvement shall be repaired or restored in conformance with all applicable provisions of the current Monroe County Code. Substantial improvement or reconstruction of nonconforming single - family homes shall comply with the setback provisions of the Monroe County Land Development Code except where strict compliance would result in a reduction in lot coverage as compared to the pre- destruction footprint of the house. In such cases, the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean high water. Policy 101.9.5 Existing manufactured homes which are damaged or destroyed so as to require substantial improvement shall be required to meet the most recent HUD standards, and the floodplain management standards set forth by FEMA. Policy 101.9.6 If a nonconforming structure is abandoned, then such structure shall be removed or converted to a conforming structure. Policy 101.9.7 Any nonconforming structure may be subject to compulsory termination when it is found detrimental to the conservation of the value of surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a nonconforming structure, the BOCC will establish a definite and reasonable amortization period during which the nonconforming structure may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming structure less their value and condition for a conforming structure, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. Objective 101.10 Monroe County shall provide for drainage and stormwater management so as to protect real and personal property and to protect and improve water quality. [F.S. § 163.3177(6)(c)] Policy 101.10.1 Monroe County shall maintain the level of service standards for stormwater management established in Drainage Policy 1001.1.1. These level of service standards ensure that at the time a certificate of occupancy is issued, adequate stormwater management facilities are available to support the new development concurrent with the impacts of such development. Existing development, except single family residential built prior to November 16, 1992 shall, to the greatest extent possible, meet the County's best management practices for stormwater management. (See Drainage Objective 1001.1 and related policies.) Policy 101.10.2 Monroe County shall maintain a five -year schedule of capital improvement needs for drainage facilities as part of the Capital Improvement Program. This schedule shall be updated annually. (See Drainage Objective 1001.2 and related policies.) Policy 101.10.3 Monroe County shall maintain stormwater management regulations, which shall require that all improvements for replacement, expansion or increase in capacity of drainage facilities conform with the adopted level of service standards pursuant to Policy 1001.1.1. The County shall use the adopted Stormwater Management Master Plan, and subsequent updates, as a guide for stormwater management to protect personal property and to protect and improve water quality. Objective 101.11 Monroe County shall work cooperatively with Miami -Dade County and other appropriate agencies to encourage land use planning and development controls which shall protect the recharge area of the Florida City Wellfield from potential sources of groundwater contamination, saltwater intrusion, and over - extraction. Policy 101.11.1 Protection of the Florida City Wellfield shall be accomplished through continued implementation of the Miami -Dade County Wellfield Protection Ordinance and the water supply policies of the SFWMD. Policy 101.11.2 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall review, update as necessary, and maintain the interlocal agreement with Miami -Dade County and other appropriate agencies. This agreement shall provide Monroe County with an opportunity to comment on land use and regulatory issues related to the Florida City Wellfield, aquifer and aquifer recharge area. It shall set forth procedures for review of land use and regulatory activities identified as having potentially significant impacts on the aquifer recharge and water supply systems. Criteria for determination of significant impacts shall be included in the interlocal agreement. Objective 101.12 Monroe County shall ensure that sufficient acreage is available for utilities and public facilities, required to support proposed development and redevelopment. [F.S. § 163.3177(6)(a)] Policy 101.12.1 Monroe County, during the preparation of the Concurrency Management Report for water, sewer, roads, parks and recreation and solid waste, shall coordinate with the utility providers serving unincorporated Monroe County to determine the acreage and location of land needed to accommodate projected service expansions. Policy 101.12.2 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new County public facility, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction, or the significant expansion (greater than 25 percent) of an existing public facility, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the alternative sites; and, 3. assessment of direct and secondary impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state and /or federal governments, offshore islands, and designated Tier I areas. Except for passive recreational facilities on publicly -owned land, no new public facilities other than water distribution and sewer collection lines, pump /vacuum /lift stations, cluster systems, or small package plants /treatment facilities shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this requirement may be made to protect the public health, safety, and welfare, if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermajority of the Board of County Commissioners. The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this policy. Policy 101.12.3 Monroe County shall coordinate the siting of new public facilities with the appropriate local, state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable state and federal regulations. Objective 101.13 Monroe County shall maintain land development regulations which implement a Transferable Development Rights (TDR) program. Policy 101.13.1 Monroe County shall monitor the existing TDR program and maintain land development regulations which address identified deficiencies in the program and evaluate the following: 1. criteria for designation of sender and receiver sites pursuant to Policy 101.13.3; 2. mechanisms to enhance the value and marketability of TDRs such as assigning density bonuses to receiver sites; 3. the status of sites which have transferred development rights, including the possible requirements that sender sites be dedicated as public or private open space through conservation easement or other mechanism. The LDRs shall continue to require that a restrictive covenant be recorded on the sender site deed at the time of the building permit issuance for the receiver site; and 4. management and accounting system to track TDRs. Policy 101.13.2 The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the maximum densities established in this Plan. TDRs may be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be developed up to the maximum net density without the use of TDRs. The assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other areas of the County shall be prohibited. Policy 101.13.3 Transfer of Development Rights program sender and receiver sites are subject to the following transfer conditions: Sender Site Criteria: 1. Property has development rights to transfer, and 2. Located in a Tier I, II, III -A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; • Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for transfer of development rights. 2. Must have an adopted maximum net density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.) 4. Located within a Tier III designated area; and 5. Is not located within a designated CBRS unit. Objective 101.14 Monroe County shall maintain land development regulations which direct future growth away from areas within the Coastal High Hazard Area (CHHA). Policy 101.14.1 Monroe County shall discourage developments proposed within the CHHA. Policy 101.14.2 Monroe County shall prohibit the placement of mobile homes within the CHHA except on an approved lot within an existing mobile home park or URM Subdivision. Objective 101.15 Monroe County shall enforce and maintain the existing sign regulations in order to maintain and improve the visual character of the County and protect adjacent land uses. Policy 101.15.1 Monroe County shall continue to eliminate illegal signage. Monroe County shall continue to eliminate nonconforming signs if damaged more than fifty percent of the pre- destruction market value of the sign. Objective 101.16 Monroe County shall maintain guidelines and criteria consistent with nationally recognized standards and tailored to local conditions which provide for safe and convenient on -site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site parking for both motorized and non - motorized vehicles. Policy 101.16.1 Monroe County shall maintain land development regulations which provide for safe and convenient on -site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site parking for both motorized and non - motorized vehicles. Objective 101.17 Monroe County shall protect established rights of landowners affected by the provisions of this Plan or the land development regulations; and, therefore adopts the following policies for the determination of vested rights and beneficial use. Policy 101.17.1 VESTED RIGHTS 1. Nothing in the Plan or the land development regulations shall be construed to affect unexpired vested rights established by a prior vested rights determination of the County or by a court of competent jurisdiction. 2. The land development regulations shall set forth standards and procedures for making administrative determinations of vested rights, in accordance with applicable state and federal law. 3. It shall be the duty and responsibility of a person alleging the existence of vested rights to demonstrate affirmatively the legal requisites of vested rights, in accordance with the standards and procedures in the land development regulations. 4. Property owners shall have one (1) year from the effective date of the Comprehensive Plan or from a land development regulation, or an amendment thereto, to apply for a determination of vested rights. 5. For purposes of this policy, a vested right is defined as a development right acquired by a property owner where the owner (1) has relied in good faith (2) upon some representation, act or omission of Monroe County and (3) has detrimentally changed his position based on the reliance to the extent that it would be highly inequitable and unjust to destroy the right he acquired. In determining or otherwise considering vested rights, the County may consider all common law limitations and exceptions to the doctrine of vested rights. Policy 101.17.2 A vested rights determination shall not preclude the County from subjecting the proposed development to County land development regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination unless the development is shown to be vested with regard to the subject matter addressed by a prior development order and the specific requirements pursuant to the procedures and criteria of 101.17.1. Policy 101.17.3 A vested rights determination shall specify an expiration date by which all building permits necessary for development shall have been issued. The expiration date shall be reasonable and in no event later than the date specified in the original development order. Policy BENEFICIAL USE 101.17.4 It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land development regulation or comprehensive plan policy has had an unconstitutional effect on property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the minimum use of the property necessary to avoid the finding of a regulatory taking under current land use case law. 2. The relief to which an owner shall be entitled may be provided through the use of one or a combination of the following: a) granting of a permit for development which shall be deducted from the Permit Allocation System; b) granting of use of transferable development rights (TDRs); c) Government purchase offer of all or a portion of the lots or parcels upon which there is no beneficial use. This alternative shall be the preferred alternative when beneficial use has been deprived by application of Chapter 138 of the Land Development Code. This alternative shall be the preferred alternative for Tier I, 11, or III- A(SPA) lands; d) such other relief as the County may deem appropriate and adequate. The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of the property under state and federal law. With respect to the relief granted pursuant to this policy or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier 11, or Tier 111 -A (SPA). 3. Development approved pursuant to a beneficial use determination shall be consistent with all other objectives and policies of the Plan and LDC unless specifically exempted from such requirements in the final beneficial use determination. 4. This policy is not intended to provide relief related to regulations promulgated by agencies other than the county or to provide relief for claims that are not cognizable in court at the time of application of this policy. Further, the procedures established for this policy are not intended, nor do they create, a judicial cause of action. 5. The land development regulations shall establish standards, procedures, and remedies for an administrative determination of beneficial use. Objective 101.18 Monroe County recognizes that there presently exists a significant excess of platted residential subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic circulation, water quality and marine resources, and other level of service standards. The County further recognizes that lot owners who are unaware that they will be subject to the County's land development regulations may have unrealistic expectations concerning their ability to receive building permits. In order to avoid, to the extent possible, further unrealistic development expectations, Monroe County shall not approve a preliminary or final plat unless development of the plat would meet all of the requirements of Monroe County's land development regulations, and shall not exceed the maximum density of the future land use category or the land use district, whichever is less. Monroe County shall limit its approval of plats to those which only create buildable lots; areas of wetlands may be included in a plat as conservation areas. Policy 101.18.1 The County shall not approve plats for residential use unless a review of the proposed plat shows that the plat will meet all requirements of the comprehensive plan and land development regulations. Policy 101.18.2 Monroe County shall require that, upon approval, all plats include the following notice: NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS Purchase of a platted lot shown hereon confers no right to build any structure on such lot, nor to use the lot for any particular purpose, nor to develop the lot. The development or use of each lot is subject to, and restricted by, the goals, objectives, and policies of the adopted comprehensive plan and land development regulations implementing the plan; therefore, no building permits shall be issued by the County unless the proposed development complies with the comprehensive plan and land development regulations. Policy 101.18.3 Within the IS, IS -D, URM, URM -L and CFV land use districts (zoning), parcels platted as of September 15, 1986 shall not be further subdivided in a way that creates more net lots than the original plat. Objective 101.19 Monroe County shall address local community needs while balancing the needs of all Monroe County communities. These efforts shall focus on the human crafted environment and shall be undertaken through the Livable CommuniKeys Planning Program. Policy 101.19.1 Monroe County shall develop, maintain, and update periodically, as appropriate, with public input, the Livable CommuniKeys Community Master Plans. Community Master Plans will be maintained in accordance with the following principles: 1. Each Community Master Plan will contain a framework for future development and redevelopment including the designation of growth boundaries and future acquisition areas for public spaces and environmental conservation; 2. Each Community Master Plan will include an Implementation Strategy composed of action items, an implementation schedule, and a monitoring mechanism to provide accountability to communities; 3. Each Community Master Plan will be consistent with existing Federal and State requirements and overall goals of the 2030 Comprehensive Plan to ensure legal requirements are met. While consistency with the goals of the 2030 Comprehensive Plan is paramount, the 2030 Plan will be updated and amended where appropriate; 4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions to ensure development or redevelopment activities will not adversely impact those areas; 5. Each Community Master Plan will include appropriate mechanisms allowing citizens continued oversight and involvement in the implementation of their plans. Through the Community Master Plans, programs for ongoing public involvement, outreach, and education will be developed; 6. Each Community Master Plan will include a Capital Improvements program to provide certainty that the provision of public facilities will be concurrent with future development; 7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels of environmental protection as required in the 2030 Comprehensive Plan; 8. Each Community Master Plan will include a community character element that will address the protection and enhancement of existing residential areas and the preservation of community character through site and building guidelines. Design guidelines for public spaces, landscaping, streetscaping, buildings, parking lots, and other areas will be developed through collaborative efforts of citizens, the Planning Department, and design professionals reinforcing the character of the local community context; 9. Each Community Master Plan will include an economic development element addressing current and potential diversified economic development strategies including tourism management. The preservation and retention of valued local businesses, existing economies, and the development of economic alternatives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing transportation needs and possibilities including circulation, safe and convenient access to goods and services, and transportation alternatives that will be consistent with the overall integrity of the transportation system not resulting in negative consequences for other communities; and 11. Each Community Master Plan will be based on knowledge of existing conditions in each community. The Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and certainty for citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues. Policy 101.19.2 The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: The Master Plan for Future Development of Big Pine Key and No Name Key, dated August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance 029 -2004. Amended by Ordinance 020 -2009. 2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. Adopted by Ordinance 002 -2005. 3. The Stock Island /Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green checkmark next to them are not considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 010 -2007. 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled Harbor Preservation /Redevelopment and Corridor Enhancement Plan dated November 2005 and incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green checkmark next to them are not considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 011 -2007. 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan. Strategies and Action Items without a green checkmark next to them are not considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012 -2007. 6. Lower Keys: The Lower Keys Livable CommuniKeys Master Plan is incorporated by reference into the Monroe County Comprehensive Plan. Adopted By Ordinance 031 -2012. GOAL 102 Monroe County shall direct future growth to lands which are most suitable for development and shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and tropical hardwood hammock). [F.S. § 163.3177(6)(a)] Objective 102.1 Monroe County shall require new development to comply with environmental standards and environmental design criteria which will protect wetlands, native upland vegetation and beach /berm areas. Policy 102.1.1 The County shall protect submerged lands and wetlands. The open space requirement shall be one hundred (100) percent of the following types of wetlands: 1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity. Objective 102.2 Monroe County shall maintain Environmental Standards (Section 118 -1) and Environmental Design Criteria (Section 118 -6) of the Land Development Code. These regulations will require new development to further protect wetlands, native upland vegetation and beach /berm areas. Policy 102.2.1 Monroe County shall maintain environmental standards and environmental design criteria as indicated in Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of disturbed wetlands. Mitigation for wetland impacts shall be in accordance with State requirements. In instances where mitigation is required by the U.S. Army Corps of Engineers but not by FDEP or SFWMD, Federal mitigation requirements shall apply. Policy 102.2.2 Monroe County shall maintain environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 205.2 that protects native upland vegetation and promotes restoration of habitat values of native upland communities, including hardwood hammocks and pinelands. Policy 102.2.3 Monroe County shall maintain environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 210.1 that will protect beach /berm resources by addressing permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in beach /berm areas. Objective 102.3 Monroe County shall maintain land development regulations which will direct new development to areas having appropriate topography and soil conditions and to where site disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural Iandforms and marine resources. [F.S. § 163.3177(6)(a)3.e.] Policy 102.3.1 The Permit Allocation System (See Future Land Use Objectives 101.6 and related policies) shall have the following environmental protection goals: 1. to reduce the exposure of residents to natural hazards; 2. to reduce disturbances to natural vegetation resource areas; 3. to reduce disturbances to terrestrial wildlife resources areas; 4. to reduce impacts of new development on nearshore waters; 5. to protect environmentally sensitive lands appropriate for conservation and resource protection; 6. to encourage infill development where existing lands are already substantially developed, served by complete infrastructure facilities and within close proximity to established commercial areas and that do not contain significant areas of wetlands or native upland plant communities; 7. to ensure that the ecological integrity of natural areas is protected when land is developed; 8. to steer growth to the most appropriate areas and away from inappropriate areas; and 9. to reduce adverse impacts on endangered and threatened species. Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign negative and /or positive points to development applications that help to achieve the above environmental protection goals. (See Future Land Use Objective 101.6 and related policies for a list of positive and negative factors to be included in the Permit Allocation System.) Policy 102.3.2 Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of all required open space in a contiguous, non - fragmented condition by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel: and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3). [F.S. § 163.3177(6)(a)] Objective 102.4 Monroe County shall maintain a Land Acquisition Master Plan containing strategies for securing funding and containing non - purchase options and strategies. Policy 102.4.1 The Monroe County Land Acquisition Master Plan shall be maintained and implemented by the Monroe County Land Authority in cooperation with the Growth Management Division and other responsible federal and state agencies. Monroe County shall encourage the State to target the acquisition of Tier I designated lands within the state's acquisition boundaries. Monroe County shall encourage the federal government to target the acquisition of lands containing suitable habitat for species listed under the Endangered Species Act. Policy 102.4.2 The Land Authority and the Growth Management Division shall identify the types of lands which shall be considered for acquisition. These shall include the following priorities for acquisition: Priority One* • Lands designated as Tier I (Natural Areas) • Lower Keys marsh rabbit habitat and buffer area, as adopted with the Big Pine Key & No Name Key (BPK/NNK) Habitat Conservation Plan (Figure 2.2) and Incidental Take Permit • Lands containing known populations of federally- designated wildlife species Priority Two* • Lands designated as Tier II (BPK/NNK) • Lands designated as Tier III -A • Lands designated as Tier III for the retirement of development rights & hurricane evacuation clearance times • Lower Keys marsh rabbit focus area & buffer (excluding BPK/NNK) ' (Permit Referral Process required by USFWS and FEMA) • Silver rice rat focus area & buffer' (Permit Referral Process required by USFWS and FEMA) Priority Three* • Lands designated as Tier III for employee and affordable housing • Lands with areas of deteriorated infrastructure where the cost of maintaining and /or repairing the infrastructure exceeds the value of private lands (developed or undeveloped) • Lands for potential recreational /park development & expansion (public access) • Lands within the FEMA W" Zones (purchase parcels within V Zone to encourage growth away from more vulnerable areas) [see NOTE] Priority Four* • Key Largo wood rat & cotton mouse buffer areas ' (Permit Referral Process required by USFWS and FEMA) • Adaptation action area 2 or lands in more "interior' locations for transitioning public facilities & directing development [see NOTE] • Lands within the Coastal High Hazard Area (CHHA) 3 • Lands subject to saltwater inundation under the assumption of 3 inches to and 7 inches by 2030 [see NOTE] Criteria for the ranking of land acquisitions within the four priority areas shall include: 1) Consideration of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development; including hurricane evacuation clearance times. 2) The size and the location of the property and surrounding land uses, including management status (adjacent ownership, consolidation of parcels for management feasibility, maintenance costs, diversity of habitats, and the provision of habitat buffers). 3) The habitat type on the property with preference given to: a. Hardwood hammock & pinelands (upland habitats) b. Undisturbed wetlands c. Disturbed wetlands 4) Minimization of fragmentation of habitats (edge effect) and potential for successful restoration, if within a larger hammock area. 5) Percent of land surrounding the property that is already under public ownership. United States Federal Emergency Management Agency (FEMA) and United States Fish and Wildlife Service (FWS) required Monroe County to implement Permit Referral Process (PRP) to avoid impacts on federally listed (threatened or endangered) species. Focus and buffer areas are areas of potentially suitable habitat for nine federally protected species (Eastern indigo snake, Key deer, Key Largo cotton mouse, Key Largo woodrat, Key tree cactus, Lower Keys marsh rabbit, Schaus swallowtail butterfly, silver rice rat, and Stock Island tree snail), as defined within the Biological Opinion issued by FWS on April 30, 2010. 2 Adaptation action area means one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning. 3 The Coastal High- Hazard Area is the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. * Priorities will be reevaluated for recently federally listed species NOTE: It should be noted that the science examining the impacts of climate change and sea level rise is still evolving and the County may want to consider postponing the acquisition priorities on this issue until a future date. Policy 102.4.3 Monroe County shall maintain and implement a land acquisition program in recognition of the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man- made systems in the Florida Keys. Pursuant to Section 380.0552, F.S. and Rule 28- 20.140, F.A.C., this policy recognizes the public safety concern of maintaining a maximum hurricane evacuation clearance time of 24 hours. Policy 102.4.4 The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan which identifies sources of funding for acquisition of lands on the Priority List. Land acquisition will be a coordinated effort between the state and federal governments and the County. The County shall annually petition the state and federal government to accept primary responsibility for acquisition of Tier I, conservation and natural lands and lands containing species listed under the Endangered Species Act. Monroe County shall support the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes. Policy 102.4.5 Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore, preserve, and protect the conservation, recreation, safety, hazard reduction, density reduction and affordability purposes for which the lands were acquired. (See Recreation and Open Space Objective 1201.7 and related policies.) Policy 102.4.6 Within one year of the adoption of the 2030 Comprehensive Plan, Monroe County, in cooperation with the Land Authority, shall create a program to provide a monetary incentive to private property owners to deed restrict their privately -owned adjacent, vacant parcels to restrict residential development on the vacant parcels. Objective 102.5 Development of the mainland area of Monroe County shall be controlled so as to reduce public expenditures and to preserve the natural, cultural and historic resources of the mainland area. [F.S. § 163.3177(6)(a)3.f.] Policy 102.5.1 Monroe County shall maintain land development regulations pertaining to the Mainland Native Area District which: 1. prohibit construction of any roads or canals in mainland Monroe County that would permit new access into the mainland wilderness area or would alter the natural flow regimes of the Everglades or Big Cypress Swamp; and 2. prohibit development that would introduce human activities or habitations into the undisturbed portions of Everglades National Park or Big Cypress Swamp National Preserve. [F.S. § 163.3177(6)(a)3.f.] Objective 102.6 Monroe County shall regulate land use activities on offshore islands within the legal boundaries of Monroe County. [F.S. § 163.3177(6)(a)3.f.] Policy 102.6.1 Within one (1) year of the adoption of the Plan, Monroe County shall adopt land development regulations which will further restrict the activities permitted on offshore islands. These shall include the following: 1. development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area based on resource agency best available data or surveys (See Conservation and Coastal Management Policy 206.1.2.); 2. new resource extraction pits shall be prohibited on offshore islands; 3. campgrounds and marinas shall not be permitted on offshore islands; however, temporary primitive camping by the owner, in which no land clearing or other alteration of the island occurs, shall be the only use of an offshore island which may occur without necessity of a permit; 4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles, all- terrain vehicles and golf carts shall be prohibited on offshore islands that do not contain any development; 5. planting with native vegetation shall be encouraged whenever possible on spoil islands; and 6. County public facilities and services, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction, shall not be extended to offshore islands. The extension of public facilities shall be required to comply with Policy 101.12.2. Policy 102.6.2 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designating offshore islands as Tier I Lands. Objective 102.7 Monroe County shall take actions to discourage new private development in areas designated as units of the Coastal Barrier Resources System (CBRS). Policy 102.7.1 Monroe County shall discourage new developments which are proposed in units of the CBRS, including the assignment of negative points in the permit allocation system. Policy 102.7.2 Monroe County shall not create new access via new bridges, new causeways, new paved roads or new commercial marinas to or on units of the CBRS. This does not preclude the maintenance, repair and replacement of existing bridges, causeways, paved roads and lawful commercial marinas. Policy 102.7.3 Shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. Policy 102.7.4 Privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes. Policy 102.7.5 Monroe County shall discourage the extension of public facilities and services provided by the FKAA and private providers of electricity and telephone service to undeveloped CBRS units by providing each of the utility providers with: 1. a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; and 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units. Objective 102.8 Together with other responsible state and federal agencies, Monroe County shall continue to implement a cooperative land management program for publicly owned conservation lands. [F.S. § 163.3177(6)(a)3.f.] Policy 102.8.1 Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system and the LDC. Policy 102.8.2 Monroe County, in cooperation with appropriate state and /or federal agencies, shall continue to develop overall management strategies for publicly owned conservation lands. Changes in specific management strategies may be modified as acquisitions continue and new information becomes available through biological research or monitoring. GOAL 103 Monroe County shall implement regulations and programs to address the special environmental protection and /or traffic circulation needs of those areas of Big Pine Key, and North Key Largo. [F.S. § 163.3177(6)(a)3.f.] Objective 103.1 Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and No Name Key, consistent with the Goals, Objectives, and Policies of this Comprehensive Plan, the Livable CommuniKeys Master Plan and the Habitat Conservation Plan, for Big Pine Key and No Name Key in order to: 1. protect the Key deer (Odocoileus virginianus clavium); 2. preserve and enhance the habitat of the Key deer; 3. limit the number of additional vehicular trips from other islands to Big Pine Key and No Name Key; 4. maintain the rural, suburban, and open space character of Big Pine Key and No Name Key; and 5. prevent and reduce adverse secondary and cumulative impacts on Key deer. Policy 103.1.1 Monroe County shall identify Key deer habitat areas as acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Emphasis shall be placed upon acquisition of movement corridors, sources of fresh water, and undisturbed native vegetation areas which are located within Improved Subdivisions and which are outside of the acquisition areas identified by the USFWS (for the National Key Deer Refuge), FDEP (for the Coupon Bight CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). (See Objective 102.4 and related policies.) Policy 103.1.2 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes within habitat areas of the Key deer. Policy 103.1.3 Monroe County, in conjunction with the USFWS, shall implement activities to prohibit the destruction of the federally- designated endangered Key deer and to protect its habitat by addressing: 1. enforcement of animal control laws; 2. incorporation of management guidelines into development orders; 3. construction of fences; 4. roadside management techniques; 5. feeding laws; 6. speed limit enforcement; 7. removal of invasive plants; 8. distribution of management guidelines to private landowners; 9. attainment of Key deer management objectives; (See Conservation and Coastal Management Objective 206.4 and supporting policies.) and 10. secondary and cumulative impacts by, among other things, adopting and implementing appropriate land development regulations. Objective 103.2 Monroe County, in coordination with the USFWS, shall regulate future development and coordinate the provision of public facilities in North Key Largo consistent with the Goals, Objectives and Policies of this Comprehensive Plan in order to maintain the rural and open space character of North Key Largo, as well as to preserve and enhance the habitat of animals listed as endangered under the Endangered Species Act, including, but not limited to the American crocodile ( Crocodylus acutus ), the Key Largo wood rat ( Neotoma floridana smalli ), the Key Largo cotton mouse ( Peromyscus gossypinus allapaticola ), and the Schaus swallowtail butterfly ( Heraclides aristodemus ponceanus ). North Key Largo is defined as that portion of Key Largo Located between the junction of State Road 905 and U.S. Highway 1 and the Miami -Dade County boundary at Angelfish Creek. [F.S. § 163.3177(6)(a)3.f.] Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. [F.S. § 163.3177(6)(a)3.f.] Policy 103.2.2 Monroe County shall maintain land development regulations pertaining to development siting and clustering so as to avoid impacts to sensitive habitat and to provide for the retention of contiguous open space by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel (as is currently required); and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3.) Policy 103.2.3 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new public facilities, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction, or the significant expansion (greater than 25 percent) of existing public facilities, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the selected sites; and 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach /berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and /or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall discourage the location of public facilities on North Key Largo, unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. Policy 103.2.4 Monroe County shall implement activities to protect the habitat and prohibit the destruction of the: 1. American crocodile (See Conservation and Coastal Management Objective 206.5 and supporting policies); 2. Schaus swallowtail butterfly (See Conservation and Coastal Management Objective 206.7 and related policies); 3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and Coastal Management Objective 206.9 and related policies.); and 4. known locations of Stock Island tree snail (See Conservation and Coastal Management Objective 206.8 and related policies). [F.S. § 163.3177(6)(a)3.f.] Policy 103.2.5 Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly and the Key Largo wood rat and the Key Largo cotton mouse as acquisition sites for conservation purposes, pursuant to Policy 102.4.2 . Emphasis shall be placed upon acquisition of native upland sites which are located within Improved Subdivisions and which are outside of the acquisition areas identified by other resource agencies. Policy 103.2.6 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes within North Key Largo. [F.S. § 163.3177(6)(a)3.f.] Policy 103.2.7 Monroe County shall take immediate actions to discourage private development in areas designated as units of the CBRS. (See Objective 102.7 and related policies.) Policy 103.2.8 Monroe County, in conjunction with the USFWS, shall implement activities to prohibit the destruction of the federally- designated threatened and endangered species and to protect its habitat by addressing: 1. enforcement of animal control laws; 2. construction of fences; 3. roadside management techniques; 4. feeding laws; 5. speed limit enforcement; 6. removal of invasive plants; 7. distribution of management guidelines to private landowners; and 8. attainment of endangered species management objectives GOAL 104 Monroe County shall recognize, designate, protect, and preserve its historic resources. [F.S. § 163.3177(6)(a)3.f.] Objective 104.1 Monroe County shall maintain a comprehensive inventory of historical and archaeological resources within unincorporated Monroe County. Policy 104.1.1 The Monroe County Growth Management Division shall maintain an inventory of all known historical and archaeological resources through use of the Florida Master Site File maintained by Florida's Division of Historical Resources, as documented in the "Future Land Use Element" of the Monroe County Comprehensive Plan Technical Document Update, May 2010. Policy 104.1.2 The Monroe County Growth Management Division shall update the inventory of historical and archaeological resources as new historical and archaeological resources are identified, by completing and submitting necessary documentation to the Division of Historical Resources for new resources' inclusion in the Florida Master Site File. Landowners and other interested parties may also add historical and archaeological resources to the inventory. Objective 104.2 Monroe County shall formally recognize significant historical and archaeological resources by designating them as local historic, cultural and /or archaeological landmarks /districts on the Florida Keys Historic Register and /or supporting the nomination of appropriate resources to the National Register of Historic Places. Policy 104.2.1 Monroe County shall maintain land development regulations which define the procedures for designating resources as local historic, cultural and archaeological landmarks /districts on the Florida Keys Historic Register. The Land Development Code shall: 1. authorize a Florida Keys Historic Register to which local historic, cultural and archaeological landmarks /districts are named; 2. authorize a review committee and provide for an historic /archaeological review of resources nominated to the Florida Keys Historic Register; 3. list the criteria and procedure for selecting a review committee; 4. specify criteria and procedures for designating significant historic and archaeological resources as local historic, cultural and archaeological landmarks on the Florida Keys Historic Register, guided by the criteria for designation to the National Register of Historic Places; 5. include procedures for designation of local historic districts and Historic (H) overlay zones on the FLUM; and 6. provide for the documentation and protection of sites which are not designated as local historic, cultural and archaeological landmarks but are discovered through the development process or otherwise discovered. Policy 104.2.2 Annually, all historical and archaeological resources that are listed on the National Register of Historic Places shall be considered by the review committee for designation as local historic, cultural and /or archaeological landmarks on the Florida Keys Historic Register. Policy 104.2.3 The Monroe County Growth Management Division shall provide information and technical assistance to property owners who wish to prepare nominations to the Florida Keys Historic Register. Policy 104.2.4 Monroe County may nominate or support nominations of additional historic resources to the National Register of Historic Places as needed. [F.S. § 163.3177(6)(a)3.f.] Objective 104.3 Monroe County shall adopt and implement measures for the protection and preservation of designated local historic, cultural and archaeological landmarks /districts. Policy 104.3.1 Monroe County shall maintain land development regulations that provide protection for designated local historic, cultural and archaeological landmarks /districts listed on the Florida Keys Historic Register. The adopted LDC shall: 1. authorize a historic /archaeological review board to review development proposals which impact designated local historic, cultural and archaeological landmarks /districts; 2. list the qualifications and selection criteria for review board members; 3. specify the restrictions on archaeological sites resulting from local designation. Establish standards to address the siting and design of proposed developments to minimize impacts on archaeological resources, and the proper documentation and recording of the site including retrieving of artifacts; 4. specify the restrictions on the demolition and alteration of historic structures resulting from local designation. Establish standards to evaluate alterations to historic structures which are consistent with the U.S. Department of the Interior's "Standards for Rehabilitation "; 5. specify the restrictions on historic districts resulting from local designation. Establish exterior architectural standards to evaluate development proposals within designated historic districts with the intent of encouraging compatibility with the architectural features of historic significance to the particular district; 6. establish a procedure for reviewing development and redevelopment proposals which impact designated local historic, cultural and archaeological landmarks /districts; 7. specify procedures where development activities uncover unknown archaeological resources; 8. provide procedures for enforcement and consequences of non - compliance; 9. provide incentives such as transfer of development rights, tax credits, tax relief, special property tax assessments, building code waivers, building application fee exemptions, zoning variances, and FEMA exemptions to encourage the conservation and rehabilitation of privately -owned designated local historic, cultural or archaeological landmarks; and 10. specify permitting and review procedures that reconcile redevelopment of designated local historic, cultural and archaeological landmarks with their potential nonconforming status. Policy 104.3.2 Monroe County shall establish architectural guidelines for each designated historic district listed on the Florida Keys Historic Register. These guidelines shall be drafted by the nominating agency, and shall be approved by a qualified historic preservation professional. The guidelines shall be reviewed and approved by Monroe County within one year of acceptance of the district on the Florida Keys Historic Register. Objective 104.4 Monroe County shall adopt and implement measures for the protection and preservation of historic resources on public lands. [F.S. § 163.3177(6)(a)3.f.] Policy 104.4.1 Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the renovation and use of the County -owned island retains the historical and architectural character of the site, and allows a reasonable amount of public access. Policy 104.4.2 Monroe County shall coordinate with county, state and federal agencies to identify, monitor and protect historic resources located on public lands (See Future Land Use Objective 102.8 and related policies). [F.S. § 163.3177(6)(a)3.f.] Policy 104.4.3 Development plans on County -owned lands which contain designated local historic, cultural and archaeological landmarks listed on the Florida Keys Historic Register shall be subject to review by the historic /archaeological review board established pursuant to Policy 104.3.1(1). [F.S. § 163.3177(6)(a)3.f.] Policy 104.4.4 Monroe County shall increase its participation in the resource planning of federal and state owned parks, wildlife refuges, military installations and other state or federal properties. Monroe County shall review resource plans, development plans and master plans prepared for these areas, evaluate impacts on historic resources, and submit comments to the appropriate agencies. [F.S. § 163.3177(6)(a)3.f.] Policy 104.4.5 Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or any other County -owned local historic, cultural or archaeological landmark designated on the Local or National Register: 1. conform, at a minimum, to the Secretary of the Interior's Standards for Rehabilitation for any permanent or temporary development of the site; and 2. retain the historical, architectural, and /or archaeological integrity of the site, as approved by a professional who meets the appropriate Professional Qualifications specified in the Code of Federal Regulations, Section 61, Number 36. [F.S. § 163.3177(6)(a)3.f.] Policy 104.4.6 Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural guidelines for this National Register Historic District. Objective 104.5 Monroe County shall seek to increase public awareness and appreciation of the historic resources and historic preservation activities in the County. [F.S. § 163.3177(6)(a)3.f.] Policy 104.5.1 Monroe County shall coordinate with the following organizations and individuals to identify opportunities forjoint public education and funding efforts: 1. Local preservation groups in unincorporated Monroe County; 2. The Key West historic preservation planner and other historic preservation leaders; 3. Historic Florida Keys Foundation; 4. Federal agencies including the National Park Service, U.S. Fish and Wildlife Service, and N OAA; 5. State Agencies including the FDEP Division of Parks and Recreation, and Division of Historical Resources; 6. Florida Trust for Historic Preservation; 7. Monroe County School Board; and 8. Local libraries. Policy 104.5.2 Monroe County shall continue to seek funding from the Tourist Development Council to create and implement a historic marker program and a historic map /guide to increase public awareness and appreciation of the County's history and historic resources. Policy 104.5.3 Monroe County shall promote public knowledge of local, state and federal programs and incentives designed to assist owners of historic properties. [F.S. § 163.3177(6)(a)3.f.] Policy 104.5.4 Monroe County shall identify community leaders with an interest in historic preservation and provide technical assistance for the formation of new citizen -based historic preservation groups. These groups will aid the County in generating interest and raising funds for local historic preservation activities. Objective 104.6 Monroe County shall coordinate with public agencies and non - profit organizations to protect, preserve and increase awareness of historic resources. [F.S. § 163.3177(6)(a)3.f.] Policy 104.6.1 Monroe County shall involve local historic preservation groups in the planning process. The County will apprise groups of historic preservation planning efforts, request their comments and solicit their support. Policy 104.6.2 Monroe County shall include archaeological sites identified by local historic preservation groups on the priority list of Natural Heritage and Park acquisition sites. Policy 104.6.3 Monroe County shall encourage and facilitate acquisition of historic sites suitable for cultural, tourism, recreation or conservation uses by federal, state and local agencies, non - profit historic preservation groups, and non - profit conservation organizations. Policy 104.6.4 Monroe County shall assist property owners of historically or architecturally significant structures in applying for and utilizing state and federal assistance programs. GOAL 105 Monroe County shall maintain a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and man -made systems to sustain livable communities in the Florida Keys for future generations. Objective 105.1 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development processes to preserve the natural environment, maintain and enhance the community character and quality of life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill areas. [F.S. § 163.3177(6)(a)2.e.] Policy 105.1.1 Monroe County shall create an economic development framework for a sustainable visitor - based economy, not dependent on growth in the absolute numbers of tourists that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Within three (3) years after the adoption of the 2030 Comprehensive Plan, the County will, with input from the business community and other stakeholders, develop an Economic Sustainability Element, which focuses upon and promotes redevelopment, considers the increasing cost of climate adaptation and the protection of property. Policy 105.1.2 Monroe County shall enforce the design guidelines established within the Livable CommuniKeys Plans and its land development regulations which ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall, through its development standards and Land Development Code, continue to foster the retention and redevelopment of small businesses on the U.S.1. Policy 105.1.4 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall prepare redevelopment standards and within one year afterwards, shall amend the LDC to address the large number of nonconforming commercial structures that are non - compliant as to on -site parking, construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing character and constraints of the different island communities, regulations can be adopted that provide incentives for redevelopment and permit the continuance of businesses while moving towards an integrated streetscape. Policy 105.1.5 Monroe County shall maintain a residential permit allocation system that directs the preponderance of future residential development to areas designated as Tier III in accordance with Policy 105.6.4. Objective 105.2 Monroe County shall maintain, with assistance of the state and federal governments, a 20 -year Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire development rights on privately -owned vacant lands to limit further sprawl and equitably balance the rights of property owners with the long -term sustainability of the Keys man -made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development and the need for the significant expansion of the public acquisition of vacant developable lands and development rights to equitably balance the rights and expectations of property owners. This includes the recognition that Monroe County must ensure public safety through the ability to maintain a 24 -hour hurricane evacuation clearance time. Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier 11): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small nonresidential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of nonresidential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other nonresidential uses within close proximity. In some Infill Areas, a mix of nonresidential and high- density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 105.2.2 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall follow the priority categories within Policy 102.4.2. Policy 105.2.4 The preferred method for acquisition of environmentally sensitive privately owned vacant non - platted lands shall be fee simple purchase, donation, or dedication or the retirement of development rights through transfer of development rights or similar mechanisms. Policy 105.2.5 The preferred method for acquisition of vacant platted lots shall be fee simple purchase, donation, or dedication or the retirement of development rights thorough transfer of development rights or similar mechanisms; however, wherever appropriate, platted lots may be purchased in partnership with adjoining property owner(s) subject to a conservation easement that may allow limited residential accessory uses. Policy 105.2.6 Monroe County shall, in coordination with private sources, federal and state agencies, implement a land acquisition program to acquire lands which enhance public access to the shoreline and water - dependent uses, such as beaches, marinas, docks and lands; however, Monroe County Land Authority funds shall not be used for this purpose. Policy 105.2.7 In implementing this Land Acquisition Program, Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available. Monroe County shall petition the federal and state governments to aggressively pursue the acquisition of all remaining privately -owned vacant lands within their park and conservation acquisition boundaries and to expand existing acquisition boundaries to include other lands in close proximity with similar environmentally sensitive features. Policy 105.2.8 With respect to the relief granted pursuant to Policy 101.7 (Administrative Relief) or Policy 101.17.4 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier 11, Tier III -A or any land within Tier III in accordance with the criteria in Policy 101.7.1. Policy 105.2.9 By May 2015, the County shall explore additional funding sources for land acquisition. Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available. Policy 105.2.10 Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased funding from state and federal, and /or private sources for the Land Acquisition Program and the management and restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to successfully secure sufficient funding from state and federal governments for their fair share of the financial support for the Land Acquisition Program and the demands placed on the County's limited financial resources to address wastewater and other critical issues, it is recognized that the Land Acquisition Program may extend well beyond 20 years. GOAL 106 Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize the natural and man -made systems in the Florida Keys, the carrying capacity to accommodate further development, the need for the significant expansion of the public acquisition of vacant developable lands, and to equitably balance the rights and expectations of private property owners. Objective 106.1 Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity Study, utilizing updated habitat data and recommendations of the Tier Designation Review Committee (TDRC) Work Group. [Note: As amended by Final Order DCA07- GM166, parcels included in the challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the amended Tier Criteria resulting from the DOAH Case 06- 2449(GM)]. Policy 106.1.1 Monroe County shall update habitat data and the Land Development Code Tier (Zoning) Overlay District Maps to coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Policy 106.1.2 Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to consist of representatives selected by the Florida Department of Economic Opportunity (DEO) from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. The TDRC shall be tasked with the responsibility of tier designation review utilizing the criteria for tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed Land Development Code Tier (Zoning) Overlay District Map amendments shall coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Each comprehensive plan evaluation and appraisal submitted shall also include an analysis and recommendations based upon the TDRC review process. Policy 106.1.3 Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay District Map, the County shall evaluate the listed threatened and endangered species (as of 2021) and the criteria included in Policy 205.1.1 to determine if amendments are required to further protect and enhance native upland vegetation. Any Tier (Zoning) Overlay District Map amendment completed prior to May 1, 2021 shall be processed according to state law and the Land Development Code. GOAL 107 Monroe County shall regulate land use and development activities of scarified portions of property with 50 percent or more environmentally sensitive land that contains an existing nonconforming use by the enactment of area - specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. For this Goal to be used, scarified portions of property shall not have been created purposefully without benefit of permit(s) as evidenced by pictorial aerial examination and /or other means available to the Growth Management Division. (Ord. No. 023 -2011) Objective 107.1 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future Land Use Element subarea policies solely applicable to a specific geographic area. These subarea policies identify parcels of land that require narrowly - tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by its underlying Future Land Use Map category. The development parameters established for each subarea shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be preserved through the application of such methods as conservation easements that require mandatory eradication of exotic invasive vegetation. (Ord. No. 023 -2011) Policy 107.1.1 Reserved Policy 107.1.2 Ramrod Key Mixed Use Area 1 Only the land uses listed in paragraphs 1 -4 below shall be allowed on the parcels shown in the table following as Ramrod Key Mixed Use Area 1: CONSERVATION BERM TO BE REAL ESTATE TOTAL FLUM ACRES EASEMENT LOCATED ON NUMBER ACREAGE DESIGNATION ACREAGE PARCEL 0.79 N/A N/A Ramrod Key 00114150- 000000 18.12 8.46 Mixed Use Area N/A x 1 8.87 RC 8.87 Ramrod Key 00114150- 000400 2.6 2.6 Mixed Use Area 0 1 And on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. Storage, warehousing, and processing of equipment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. C. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Storage buildings. f. Above - ground fuel tanks. 2. An antenna supporting structure with accessory building 3. Residential uses consistent with the former RL future land use map designation and with SS zoning. Single family residences shall be limited to the existing (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and /or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: Wetlands and hammock areas adjacent to outdoor storage shall be protected by: Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 000000. The area to be conserved is delineated on the map below. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along the Westerly edge of the wetlands portion of parcel 00114150-000000 as depicted on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. EMI Al I mt Eri go�rr� -.a: Pdb. H' 'Av K "' Fka4 kn: rru9.'mi4'n3 4 WOJ!r" L 4 yI'a.o1 .— 2. Development shall be contingent on any required coordination and /or approval from the United States Fish & Wildlife Service. (Ord. No. 028 - 2010). Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1 The Key Largo Mixed Use Area 1 has a concentration of nonresidential uses currently existing, including approximately 2,968ft 2 of commercial floor area. The current Real Estate Parcel number is 00440100.000000, contains 0.62 acres and is legally described as: B.2.f Lots 13, 14, 15, 16, 17 and 18, , Block 2, THOMPSONS SUBDIVISION, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A, in Thompsons Subdivision, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida. Development in the Key Largo Mixed Use Area 1 shall be subject to regulations applicable to the Mixed Use /Commercial (MC) Future Land Use Designation as well as the additional restrictions set out below: The maximum commercial floor area ratio of 0.30. 2. There shall be no residential units. (Ord. No. 021 - 2010). Policy 107.1.4 Paradise Pit Subarea 1 - Specific Limitations on the Industrial and Conservation Area in Key Largo The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential uses currently existing, including a lawful light industrial use. The parcel's current real estate number is 00087100.000500. The parcel has a Tier Designation of Tier I and the parcel is 59.01 acres, including a 9.71 acre borrow pit (water). Pursuant to this subarea policy, the parcel shall have Future Land Use Map (FLUM) designations as follows: In order to balance the protection of environmental resources, historical resources and support a sound and diverse economic base, development shall be subject to the Industrial Future Land Use Map Designation and the Conservation Future Land Use Map Designation as well as the additional site - specific regulations and restrictions set out below: Packet Pg. 273 (Ord. No. 007 -2014) Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2 Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to the Mixed Use /Commercial (MC) Future Land Use Designation as well as the additional restriction set out below: Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying Capacity Study, maintain the overall County density and the preservation of native habitat, this site /property shall not increase its allocated density and allowable development potential for permanent residential units. The following development controls shall apply: 1. The allocated density for permanent residential uses on the site shall remain 0.50 dwelling units per acre. The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and 00091020.000000, is approximately 2.28 acres of land and is legally described as: A tract of land 48.9 feet wide, and part of Lot 10 according to George McDonald's Plat of part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the Public Records of Monroe County, Florida, more particularly described as follows; From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described, thence Northwesterly at right angles to said Northwesterly right of way line a distance of 487.7 feet, more or less to the shore of Florida Bay, thence along the shore of Florida Bay in the Northeasterly right of way line, distance of 48.9 feet to the point of beginning, and A tract of land 95 feet wide and part of Lot 10 according to George McDonald's Plat of part of Section 5, Township 62, Range 39, on Key Largo as recorded in Plat Book 1, at Page 59 of the Public Records of Monroe County, Florida, more particularly described as follows; From the dividing line between Lots 10 and 11, according to said Plat Book 1, Page 59, run Southwesterly along the Northwesterly right of way line of State Road 5 (Overseas Highway) a distance of 515 feet to the Point of Beginning of the tract hereafter described, thence continue Southwesterly along the Northwesterly right of way line of State Road No. 5, a distance of 95 feet, thence northwesterly at right angles 695.1 feet, thence Northeasterly along a bulkhead line to a point 687.7 feet North of the Point of Beginning, thence Southeasterly 687.7 feet to the Pont of Beginning. (Ord. No. 011 -2016) Policy 107.1.6 Big Coppitt Mixed Use Area 1 - To Provide Limitations on Development and Specific Restrictions Development in the Big Coppitt Mixed Use Area 1 shall be subject to regulations applicable to the Mixed Use /Commercial (MC) Future Land Use Designation as well as an additional restriction set out below: 1. Residential units developed on the Big Coppitt Mixed Use Area 1 shall be restricted to affordable housing only (with a minimum mix of at least 10% median and at least a 20% combination of low and very low income categories) and subject to affordable housing regulations pursuant to Section 130 -161 of the Monroe County Code of Ordinances. 2. There shall be no nonresidential uses. Accessory uses to the residential development, such as a club house or recreational facilities are permitted. 3. There shall be no market rate or transient residential units. 4. There shall be no dredging 5. All habitable buildings located within the 65 -69 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 25 decibels. 6. No residential buildings shall be located within the 70 -74 DNL. 7. Any development located within the Big Coppitt Mixed Use Area 1 shall not utilize Puerta Drive for ingress and egress. 8. All habitable buildings located within the 70 -74 DNL noise contour pursuant to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 30 decibels. 9. A development agreement shall be required for any proposed development of an affordable housing project within the Big Coppitt Mixed Use Area 1 and to evaluate the ingress and egress of the development proposal. The Big Coppitt Mixed Use Area 1, with Real Estate No. 00120940 - 000100 is approximately 14.8 acres of vacant land and is legally described as: PARCEL "A" A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows: BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida and run thence South a distance of 390 feet; thence run West for a distance of 300 feet; thence run North for a distance of 1004.13 feet; thence run East for a distance of 300 feet to a point; thence run South for a distance of 614.13 feet back to the POINT OF BEGINNING. TOGETHER WITH: PARCEL "B" A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows: BEGIN at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida and run thence East a distance of 185 feet to a point; thence South 45 degrees, 00 minutes, 00 seconds West a distance of 70.71 feet to a point; thence West a distance of 135 feet to a point; thence at right angles North 50.0 feet to the said southwest corner of said Block 9 and the POINT OF BEGINNING. TOGETHER WITH: PARCEL "C" A parcel of land as described in Official Records Book 2237, Page 2259 of the Public Records of Monroe County, Florida being a part of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows: COMMENCE at the southwest corner of Block 9 of "GULFREST PARK Plat No. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida and run thence North for a distance of 614.13 feet to the POINT OF BEGINNING of the parcel of land herein being described; thence run West for a distance of 300 feet to a point; thence run North for a distance of 1063 feet, more or less to a point on the north boundary line of T.I.I.F. Deed #24002; thence run East along the said north boundary line of said T.I.I.F. Deed #24002 for a distance of 100 feet to the north boundary line of said Government Lot 1; thence run Southeasterly along the north boundary line of said Government Lot 1 for a distance of 233 feet, more or less to the northwest corner of the said Block 9; thence run South along the west boundary line of the said Block 9 for a distance of 942.78 feet back to the POINT OF BEGINNING. TOGETHER WITH: PARCEL "D" A parcel of land lying adjacent to the lands described in T.I.I.F. Deed #24002 on the Gulf of Mexico in Government Lot 1, Section 21, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Record: of Monroe County, Florida, and run thence North and along the westerly boundary line of the said Block 9 for a distance of 614.13 feet: thence run West for a distance of 300.00 feet; thence run North for a distance of 1062.78 feet to a point on the north boundary line of T.I.I.F. Deed #24002 as described in Official Records Book 346 at Page 580, of the said Public Records, said point being the POINT OF BEGINNING; thence run West and along the north line of said T.I.I.F. Deed #24002 for a distance of 1331.95 feet; thence run North for a distance of 186 feet, more or less, to a point on the waterward boundary line as of July 1, 1975; thence meander said waterward boundary the following twenty -four (24) courses: N 88 °53'56" E, for a distance of 39.47 feet; N 65 °36'56" E, a distance of 71.66 feet; S 88 °16'57" E, for a distance of 75.93 feet; N 77 °38'10" E, a distance of 44.29 feet; S 76 °11'41" E, for a distance of 76.54 feet; N 88 °33'56" E, a distance of 82.11 feet; N 85 °40'47" E, for a distance of 103.42 feet; S 75 °35'07" E, a distance of 43.33 feet; N 77 °23'10" E, for a distance of 41.16 feet; S 84 °42'40" E, a distance of 110.45 feet; S 87 °26'54" E, for a distance of 85.16 feet; S 79 °07'09" E, for a distance of 28.70 feet; N 79 °46'31" E, for a distance of 73.24 feet; S 77 °57'45" E, for a distance of 41.56 feet; N 77 °13'36" E, for a distance of 53.90 feet; S 84 °23'12" E, for a distance of 121.58 feet; N 80 °09'47" E, for a distance of 54.28 feet; S 82 °09'00" E, for a distance of 63.88 feet; S 79 °34'01" E, for a distance of 42.16 feet; N 86 °10'05" E, for a distance of 98.91 feet; N 88 °42'12" E, for a distance of 49.04 feet; S 82 °47'37" E, for a distance of 59.12 feet; S 84 °16'22" E, for a distance of 85.04 feet; S 47 °39'01" E, for a distance of 15.58 feet to a point, said point being the Point of Terminus of the Waterward boundary line as of July 1, 1975; thence S 29 °03'59" E and leaving the said Waterward boundary line as of July 1, 1975 for a distance of 197.97 feet to a point, said point being 200.00 feet East of the POINT OF BEGINNING of the said T.I.I.F. Deed #24002; thence run West and along the North line of said T.I.I.F. Deed #24002 and Easterly extension thereof for a distance of 300.00 feet back to the POINT OF BEGINNING. ALSO DESCRIBED AS: (Description to incorporate current Mean High Water Line as located on May 16, 2013) A parcel of land being a part of Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida described as follows: BEGINNING at the southwest corner of Block 9 of "GULFREST PARK PLAT NO. 2" according to the plat thereof as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida; thence S 89 °46'50" W along the south line of said Block 9 and its easterly extension being the south right -of -way line of Puerta Drive, said bearing referenced to the North American Datum of 1983 (NAD 83), of the Florida State Plane Coordinate System, East Zone with all subsequent bearings referenced thereto, a distance of 185.00 feet; thence S 45 °13'01" W, 70.71 feet; thence N 89 °46'50" W, 135.00 feet; thence S 00 °13'10" W, 340.00 feet; thence N 89 °46'50" W, 300.00 feet; thence N 00 °13'10" E, 2067.13 feet to the north line of the Trustees of the Internal Improvement Trust Fund (T.I.I.T.F.) Deed Number 24002; thence N 89 °46'50" W along said north line, 1331.95 feet; thence N 00 °13'10" E, 199.38 feet to the Mean High Water Line of the Gulf of Mexico, being coincident with the boundary of the State of Florida sovereign lands as located on May 16, 2013, having an elevation of ( -) 0.1 feet of the North American Vertical Darum of 1988 (NAVD 88); thence meandering along said Mean High Water Line for the following forty -three courses and distances: S 75 °10'03" E, 17.09 feet; thence N 78 °39'05" E, 68.25 feet; thence N 89 °30'17" E, 15.01 feet; thence N 75 °15'14" E, 51.14 feet; thence S 86 °12'34" E, 48.68 feet; thence N 86 °18'20" E, 42.61 feet; thence S 78 °03'36" E, 20.90 feet; thence N 82 °55'14" E, 20.68 feet; thence S 79 °58'18" E, 26.68 feet; thence N 82 °01'16" E, 34.71 feet; thence S 88 °07'27" E, 19.05 feet; thence S 81'24'47" E, 18.37 feet; thence N 83 °19'58" E, 37.65 feet; thence N 88 °17'12" E, 46.14 feet; thence N 37 °19'14" E, 3.92 feet; thence S 82 °12'13" E, 41.59 feet; thence N 81 °17'41" E, 29.36 feet; thence S 72 °56'29" E, 14.22 feet; thence N 85 °48'46" E, 48.07 feet; thence S 89 °00'58" E, 37.88 feet; thence S 74 °00'33" E, 20.67 feet; thence S 88 °24'32" E, 37.19 feet; thence S 84 °06'55" E, 54.34 feet; thence N 48 °34'35" E, 8.07 feet; thence S 63 °55'33" E, 23.21 feet; thence N 85 °06'05" E, 80.97 feet; thence S 87 °42'46" E, 28.25 feet; thence S 87 °37'50" E, 46.30 feet; thence N 62 °58'49" E, 26.73 feet; thence S 84 °54'29" E, 51.82 feet; thence S 74 °52'34" E, 59.48 feet; thence N 58 °22'57" E, 39.76 feet; thence S 70 °02'44" E, 30.75 feet; thence S 89 °09'25" E, 36.47 feet; thence S 81'04'00" E, 76.75 feet; thence S 55 °35'02" E, 9.83 feet; thence N 87 °43'55" E, 100.88 feet; thence N 79 °34'18" E, 60.39 feet; thence S 30 °05'11" E, 16.62 feet; thence N 88 °49'49" E, 23.02 feet; thence S 86 °06'33" E, 23.01 feet; thence N 84 °46'41" E, 25.37 feet; thence S 72 °52'03" E, 47.43 feet; thence S 28 °54'25" E departing said Mean High Water Line, 214.32 feet; thence N 89 °46'50" W along the easterly extension of said T.I.I.T.F. Deed Number 24002, a distance of 200.00 feet to the Point of Beginning of said Deed, said point also being on the north line of Government Lot 1; thence S 58 °46'14" E along said north line, 233.35 feet to the northwest corner of said Block 9, thence S 00 °13'10" W along the west line of said Block 9, a distance of 1556.91 feet to the POINT OF BEGINNING. Said lands lying and being in Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt Key, Monroe County, Florida containing 952,363 square feet (21.86 acres) more or less. ( Ord. No. 003 -2016 , § 2, 2 -10 -2016) GOAL 108 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be achieved through the implementation of the Objectives and Policies, incorporated herein. Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. (Ord. No. 012 -2012, DEO 12- 1ACSC-NOI- 4401- (A) -(I), eff. 7 -19 -2012) Objective 108.1 Naval Air Station Key West and Monroe County shall exchange information to encourage effective communication and coordination concerning compatible land uses as defined herein. (Ord. No. 012- 2012, DEO 12- 1ACSC -NOI- 4401- (A) -(I), eff. 7 -19 -2012) Policy 108.1.1 Monroe County shall transmit to the commanding officer of Naval Air Station Key West information relating to proposed changes to comprehensive plans, plan amendments, Future Land Use Map amendments and proposed changes to land development regulations which, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)). Pursuant to statutory requirements, Monroe County shall also transmit to the commanding officer copies of applications for development orders requesting a variance or waiver from height requirements within areas defined in Monroe County's comprehensive plan as being in the MIAI. Monroe County shall provide the military installation an opportunity to review and comment on the proposed changes. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.1.2 Monroe County shall coordinate with Naval Air Station Key West and the Department of Economic Opportunity (State Land Planning Agency) to review Best Practices and provide guidance on recommended sound attenuation options to be identified in development orders for optional implementation in new construction and redevelopment of existing structures in areas located within the MIAI. The list of recommended sound attenuation options may be based on the level of noise exposure, level of sound protection, and the type of residential construction or manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will coordinate with the Department of Economic Opportunity to identify state and federal housing programs, and to develop informational literature to inform qualified homeowners of the availability of potential funds for sound attenuation. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401-(A)—(I), eff. 7 -19 -2012) Policy 108.1.3 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air Station Key West commanding officer or his or her designee may provide comments to Monroe County on the impact proposed changes may have on the mission of the military installation. Monroe County shall forward a copy of any comments regarding comprehensive plan amendments to the state land planning agency. The commanding officer's comments, underlying studies, and reports shall not be binding on Monroe County. Monroe County shall take into consideration any comments provided by the Naval Air Station Key West commanding officer or his or her designee and shall also be sensitive to private property rights and not be unduly restrictive on those rights. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.1.4 Monroe County shall include a representative of Naval Air Station Key West as an ex officio, nonvoting member of Monroe County's Planning Commission. The NASKW ex officio member represents all military interests in Monroe County. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401-(A)—(I), eff. 7 -19 -2012) Policy 108.1.5 Monroe County shall notify the Naval Air Station Key West commanding officer or his or her designee of any development proposals that are scheduled for the Development Review Committee (DRC) at the earliest date possible. NASKW may provide comments on proposals to the DRC. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.1.6 The Navy issued a Record of Decision on October 31, 2013, for the Final Environmental Impact Statement (EIS) for Naval Air Station Key West Airfield Operations for future airfield operations at Naval Air Station Key West. Monroe County shall work closely with the Navy throughout the life of the EIS and shall discourage the Navy from increasing its operations at NASKW that negatively impact the surrounding community. (Ord. No. 012 -2012, DEO 12-1ACSC-NOI-4401- (A)—(I), eff. 7 -19 -2012) Policy 108.1.7 In order to protect the value, efficiency, cost - effectiveness, and amortized life of NASKW, pursuant to Section 380.0552 (7)(h)4., F.S., protect the public health, safety, and welfare of the citizens of the Florida Keys, pursuant to Section 380.0552 (7)(n), F.S., and encourage compatibility, Monroe County will encourage the Navy to acquire all land it is impacting with its operations and noise within any geographic area with 80+ Day -Night Average Sound Level (DNL), and any areas where an aircraft mishap could occur. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Objective 108.2 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.1 Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the Military Installation Area of Impact (MIAI) to define the zone of influence of NASKW; within which growth management policies shall guide land use activities and uses in areas exposed to impacts generated by Navy operations. (Ord. No. 012 -2012, DEO 12-1ACSC-NOI- 4401 -(A)— (1), eff. 7 -19 -2012) Policy 108.2.2 Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use Map, on the effective date of this policy, for properties located within the MIAI overlay shall be recognized and allowed to develop to the maximum development potential pursuant to the standards existing on the effective date of this policy. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.3 Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and intensity, as of the effective date of this policy, established by the Future Land Use Element and Future Land Use Map for property adjacent to or closely proximate to NASKW. NASKW has indicated that it will not object to the issuance of development orders, within the MIAI, if properties have development rights on Future Land Use Map, Land Use District (Zoning) Map, approved development agreements or Section 380.032, F.S. agreements with the State Land Planning Agency. NASKW may provide comments and suggest measures to mitigate potential impacts. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.4 Existing development located within the MIAI overlay shall be recognized and allowed to redevelop. Further, the property's established density and intensity standards and land uses provided by the Future Land Use Element and Future Land Use Map shall be recognized and allowed to redevelop to the maximum development potential pursuant to the standards existing on the effective date of this policy. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.5 Monroe County will maintain the Future Land Use Map (FLUM) designations, for any application received after the effective date of this policy, for properties located within the MIAI overlay. FLUM amendments that increase density and /or intensity within the MIAI overlay received after the effective date of this policy, are not permitted unless Monroe County transmits the requested FLUM amendment to NASKW, pursuant to Policy 108.1.1. Within 30 days of receipt, the NASKW commanding officer or his or her designee may provide comments on the proposed amendment, based on appropriate data and analysis, to Monroe County indicating whether the property is located within a noise zone or land use incompatibility zone and whether the proposed density and /or intensity increase is incompatible with NASKW. If NASKW indicates the property is within a land use incompatibility zone, the Board of County Commissioners shall adopt a resolution providing a finding determining whether the property is subject to the restrictions of increasing density and /or intensity for the application filed for the property within the MIAI boundary. Monroe County will maintain the FLUM designations for properties adjacent to or closely proximate to military installations for which NASKW provided data and analysis, which meets the requirements of Section 163.3177(1)(f), F.S., as of the effective date of this policy, which supports a determination that the property is within a land use incompatibility zone. Additionally, for FLUM amendments requesting an increase of density and /or intensity within a land use incompatibility zone, Monroe County shall encourage the Navy to acquire these lands, pursuant to Policy 108.1.7, for the protection of the public health, safety, and welfare of the citizens of the Florida Keys. If NASKW indicates the property is within a noise zone, Monroe County may consider Future Land Use Map amendments requesting an increase in density and /or intensity within the MIAI overlay, with consideration of comments and accompanying data and analysis, provided by the Naval Air Station Key West commanding officer or his or her designee. • The Board of County Commissioners shall adopt a resolution providing a finding determining whether the property, within the MIAI boundary, is or is not subject to the restrictions on increasing density and /or intensity for the application filed. • After 90 days of the adoption of the Board of County Commission resolution, Monroe County will schedule the required public hearings for the FLUM application requesting an increase in density and /or intensity, filed for the property within the MIAI boundary. The Board of County Commissioners may condition a granting of a resolution on a waiver of liability against or indemnification of the County by the requesting property owner for any cause of action or claim based upon the current or future uses and operations at NASKW. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.6 For any application received after the effective date of this policy, within the MIAI overlay, Monroe County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses shown in Column #2), through a Future Land Use Map, Text, overlay or LUD map amendment. The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the effective date of this policy and includes the permitted uses (Column 2), allocated density per acre (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column 5), and corresponding zoning category (Column 6) within each FLUM category located within the MIAI boundary. Further the MIAI Land Use Table provides land uses located within the 65 -69 DNL Noise Zone 2 and NASKW's suggested land use compatibility within this noise zone. The table includes land uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be permitted based upon existing the provisions adopted within the Comprehensive Plan. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) [MIAI Land Use Table on following pages] MI IN IN on 5w, 2007 AICUZ Study Table 6 -2 notes: *Uses Allowed with Restrictions. The land use and related structures are generally compatible. Note 1 a) Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65 -69 and strongly discouraged in DNL 70 -74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these Zones. b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65 -69 and NLR of 30 dB in DNL 70 -74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75 -79. c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. d) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. Note 7 Land use compatible provided special sound reinforcement systems are installed. Note 8 Residential buildings require a NLR of 25 Note 25, 30 or 35 The numbers refer to Noise Level Reduction levels. Land Use and related structures generally compatible however, measures to achieve NLR of 25, 30 or 35 must be incorporated into design and construction of structures. However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these numbers. * *Uses Generally Incompatible (allowed with exceptions). The land use and related structures are generally incompatible. Note 1 a) Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65 -69 and strongly discouraged in DNL 70 -74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these Zones. b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65 -69 and NLR of 30 dB in DNL 70 -74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75 -79. c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. d) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. NLR (Noise Level Reduction) Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. Policy 108.2.7 Nonresidential land uses expressly allowed within the residential Future Land Use Categories (see Column 11 MIAI Land Use Table) as land uses permitted in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's), and that lawfully existed on such lands on January 4, 1996, shall be recognized through a "Letter of Development Rights Determination" process and transmitted to the State Land Planning Agency. (Ord. No. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) —(I), eff. 7 -19 -2012) Policy 108.2.8 Within the MIAI overlay, Monroe County may consider requests from property owners for reduction in density and /or intensity or changes in uses that reduce incompatibility of land uses with Goal 108 and associated Objectives and Policies. (Ord. No. 012 -2012, DEO 12- 1ACSC- NOI- 4401- (A) —(I), eff. 7 -19 -2012) ADMINISTRATION COMMISSION AGENDA May 15, 2018 1. Consideration of the Department of Economic Opportunity's 2017 Florida Keys Area of Critical State Concern Annual Report The Department of Economic Opportunity's (Department's) 2017 Florida Keys Area of Critical State Concern Annual Report is before the Commission pursuant to section 380.0552, Florida Statutes. The Report addresses the annual review of progress of Monroe County, the City of Marathon, and the Village of Islamorada in completing certain work program tasks set forth in Commission rules. In accordance with subsection 380.0552(4), Florida Statutes, the Department completed a comprehensive review of all related statutory and rule requirements, evaluated information submitted by local governments and state agencies, and made findings and recommendations on the progress of the local governments in accomplishing all required work program tasks. The Department recommends the following actions: 1) Accept the 2017 Annual Report for Monroe County, the City of Marathon, and the Village of Islamorada; 2) Continue the Florida Keys Area of Critical State Concern designations; and, 3) Accept the Department's recommendation that progress toward accomplishing the tasks of the work program have been achieved for Monroe County, the City of Marathon, and the Village of Islamorada. Back -Up 2017 Florida Keys Area of Critical State Concern Annual Report 2. Presentation of the Department of Economic Opportunity's Keys Workforce Housing Initiative. The Department of Economic Opportunity presents to the Administration Commission a proposal for enhanced workforce housing in the Florida Keys. The proposed Keys Workforce Housing Initiative will allow local governments to grant additional building permits for rental properties. The Department is charged with reviewing local development decisions in the Florida Keys due to its legislative designation as an Area of Critical State Concern. State law requires that growth be limited in the Keys to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. State law also requires affordable housing be available near places of employment in the Florida Keys. The Keys Workforce Housing Initiative meets these two legislative mandates by allowing new construction of affordable housing that commits to evacuating renters 48 -hours in advance of a hurricane Administration Commission Agenda May 15, 2018 Page 12 The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida Keys, with no more than 300 per local government. Local governments that choose to participate in the initiative will work with the Department to amend their comprehensive plans to allow for additional building permits that meet these safety requirements. The Department recommends the following actions: 1) Accept the Keys Workforce Housing Initiative. STATE LAW REQUIRES A HURRICANE EVACUATION CLEARANCE TIME FOR PERMANENT RESIDENTS OF NO MORE THAN 24 HOURS. COMPUTER MODELING IS USED TO VERIFY EVACUATION CLEARANCE TIMES. 'I logo E= 2 WE ESTIMATE PERMANENT -� RESIDENTS CAN BE EVACUATED IN LESS THAN HOURS 3. WE ESTIMATE MOBILE HOME RESIDENTS b TOURISTS CAN BE EVACUATED IN * OURS Ming m... ` ;.mono! 1 mono 401 THAT MEANS IN A 48-HOUR TIME PERIOD THERE IS HOURS OF ADDITIONAL ROAD CAPACITY G , h. ``. 6.5 HOURS OF CAPACITY PROPOSAL: \ ALLOW COMMUNITIES TO BUILD UEED•RESTRICTED AFFORDABLE WORKFORCE HOUSING, WHICH IS REQUIRED TO BE EVACUATED AT LEAST 48 HOURS BEFORE A HURRICANE HITS. 62- THE ® ® FEDERATION ISLAND OF KEY LARGO FEDERATION OF HOMEOWNER ASSOCIATIONS, INC. iklfha.org • P.O. Box 702 • Key Largo, FL 33037 "Never doubt that a small group of committed citizens can change the world. Indeed, it is the only thing that ever has_" Margaret Mead We do this 05 -09 -18 Mayor David Rice Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Danny Kolhage Commissioner Heather Carruthers RE: Keys Workforce Housing Initiative Dear Mayor and Commissioners, It comes as quite a shock to learn that there is a proposal to increase the number of allowable ROGO allocations by 1300 county wide. Monroe County is bursting at the seams now. Our traffic is horrible. Accidents are at an all time high. We cannot keep up with trash that appears along our roads, in our neighborhoods; and in our waters. The county struggles to provide the services that citizens expect. Many of our requests are put on hold for years while other more urgent needs are addressed. Our very unique and fragile environment is deteriorating at an alarming rate. Our reef is dying and our fishing stock has declined miserably. Our hammocks and other native vegetation are diminishing and some of our endangered species are predicted to become extinct within the next 20 years. In the midst of these deteriorating conditions it is unbelievable that the response would be to promote more development. Hurricane Irma has caused enough destruction on her own, why increase; the impacts with additional development? In the Introduction & Background of the Monroe County Year 2030 Comprehensive Plan it states: As stated in the Final Report of the Florida Keys Carrying Capacity Study Implementation — Rule 28 -20 Work Group, (2003), "...the terrestrial portion of the CCIAM (Carrying Capacity Impact Analysis Model) was able to provide valid analyses and conclusions with respect to upland habitat. Science can forecast from previous data what the impacts of a trend would be into the future should things continue as they currently are and historically have been." Habitat fragmentation was clearly identified as a concern and concluded that, "Any further development in the Florida Keys would exacerbate secondary and indirect impacts to remaining habitat." In addition to habitat loss, more development would gravely impact the safety of its citizens and visitors. Monroe County's evacuation model has not been universally accepted as it is presently written. Many feel the phased evacuation plan is inherently flawed. Mobile home owners and "vacant' homes have been excluded from the permanent residents who evacuate in the 24 hr phase. This is a misleading assumption. The explosion of AirBnB type rentals have filled vacant homes, vessels, floating structures, RVs and other barely habitable structures with short term renters. Many of which are not counted at all in the evacuation model. Mobile home occupants are often our workforce who board up for others before leaving themselves at a later time. Weather forecasters are now saying that climate change is making hurricane intensity harder to predict. And that will make them deadlier. Adding additional evacuees to the 48 hour section of the phased plan is unenforceable and dangerous. A late developing hurricane may well have everyone evacuating all at once and in less than 48 hours. Please do not support this proposal to increase development in our already over capacity Florida Keys. Resources should instead focus on replacing what was lost during Hurricane Irma instead of allocating additional ROGOs. The Florida Keys cannot take anymore development. Let's not accelerate the loss of the very things we all came here to enjoy. Sincerely, Island of Key Largo Federation of Homeowner Associations President, Dottie Moses ANGLERS PARK HOMEOWNERS ASSOC., BUTTONWOOD BAY HOMEOWNER'S ASSOC., CALUSA CAMPGROUND CONDOMINIUM ASSOC., CAPTAIN JAX HOMEOWNER'S ASSOC., HOMEOWNER'S ASSOC. OF CORAL COAST, HAMMER POINT HOMEOWNER'S ASSOC., HIBISCUS PARK HOMEOWNER'S ASSOC., LARGO SOUND PARK CLUB INC. HOMEOWNER'S ASSOC., PORT LARGO RESIDENTIAL HOMEOWNER'S ASSOC., ROCK HARBOR CLUB CONDOMINIUM ASSOC., ROCK HARBOR ESTATES HOMEOWNER'S ASSOC., SEXTON COVE HOMEOWNER'S ASSOC., SILVER SHORES LEASEHOLDERS ASSOC., STILLWRIGHT PROPERTY OWNER'S ASSOC.' SUNSET ACRES PROPERTY OWNERS ASSOC., SUNSET WATERWAYS HOMEOWNER'S ASSOC., TAMARIND BAY CONDOMINIUM ASSOC., TAYLOR CREEK VILLAGE HOMEOWNER'S ASSOC., THE HARBORAGE HOMEOWNER'S ASSOC.,THE SANCTUARY CONDOMINIUM ASSOC., WYNKEN BLYNKEN & NOD HOMEOWNER'S ASSOC. n��iicli17g, bettei communities e saving Ispecial places Sent via email on May 9, 2018 Mayor David Rice Honorable Heather Carruthers Honorable Danny Kohlage Honorable Sylvia Murphy Honorable George Neugent Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 Dear Mayor and Commissioners: Over the last three decades 1000 Friends of Florida has worked closely with both Monroe County and state leaders on the development and implementation of the County's Comprehensive Plan and Rate of Growth Ordinance (ROGO) which address the concept of carrying capacity in the Florida Keys Area of Critical Concern. Likewise, since its inception 1000 Friends has been a recognized state leader in the promotion of affordable workforce housing. Because of this background, we certainly understand the challenges facing Monroe County relating to the provision of workforce housing, especially given the severe impacts of Hurricane Irma. We concur that viable solutions need to be implemented. However, the current proposal to add 1,300 new units of residential development is not the appropriate solution to this complex issue. Instead, attention should be focused on promoting a series of solutions that cumulatively address this problem without generating new problems of their own. These include: o Rebuilding affordable housing that was destroyed during Irma, ensuring that all current hurricane resistant requirements are met • Converting appropriate current development allocations to workforce housing a Working proactively with Non - Governmental Organizations involved in the production of ;,workforce housing to maximize cost - sharing opportunities o Allocating a larger portion of the bed tax toward the creation of workforce housing, and exploring allocating a portion of a commercial tax to be allocated to this end o ; Taking full advantage of state and federal programs (i.e., CDBG disaster recovery programs) to facilitate production of new units and repairs surviving homes © Ensuring appropriate deed restrictions to ensure the housing remains dedicated as workforce housing in perpetuity • Establishing grant and or low- or no- interest loan funds for repairs for workforce housing ® Working with the Navy to rehabilitate their residential properties, thus freeing up residential units in other parts of the county Some of these recommendations have been put forth in previous affordable housing studies conducted on behalf of Monroe County and deserve immediate consideration and facilitation. 3.' 'icers: Timothv Jackson, Chair e Victoria Tschinkel, Vice Chair , F. Gregory Barnhart, Secretary o Mark Watts, Treasurer Board of Directors: Lee Constantine, Courtney Cunningham, Andrew Dickman, Timothee Sallin, Susan Trevarthen, Jake Varn Emeritus: Nathaniel P. Reed, Chairman Emeritus, Lester Abberger, Robert Davis, Jim Nicholas, Roy Rogers, Earl Starnes Interim President: Vivian Young AIGP Post Office Box 5948 - Tallahassee, FL 32314 -5948 n PHONE 850.222.6277 • FAx 850.222.1117 i"I'A Ii.,Fs OR Fear Starr !charity wLaw. 1000triendsofflorida .org =friends@1000foLorg Pdntedonrecycledpaoer 'r s1 1, :: May 9, 2018 Page Two of Two The proposal to add 1,300 new units, on the other hand, brings with it a host of impacts that do not appear to have been considered, especially traffic impacts. Part of the rationale for ROGO was to ensure sufficient hurricane evacuation time to lessen the loss of lives; even with early evacuation requirements the new unit proposal would thus increase risk for Monroe County residents. ROGO also was designed to protect water quality and respect ecological limits in the face of new development; this also would be circumvented by raised limits, bringing additional human and economic costs and challenges for current and future Monroe County residents. For these reasons, we urge you to not support the proposal to increase new units by 1,300 and instead focus on the above and other workforce housing recommendations that, cumulatively, would best address this issue. Sincerely, I Vivian Young, A Interim President cc: Christine Hurley, Assistant Monroe County Administrator Robert Shillinger, Monroe County Attorney