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Item B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 22. 2005 Division: Growth Manaiement Bulk Item: Yes_ No ...x..- Department: Planning Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: The second of two public hearings to adopt an ordinance to amend Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan concerning a staged/phased evacuation in the event of a pending major hurricane (category 3-5). ITEM BACKGROUND: The first public hearing or "transmittal hearing" was held on May 18, 2005. At that meeting, the BOCC recommended approval of the Monroe County Year 2010 Comprehensive Plan amendment to Policy 216.1.8. The Planning Department transmitted the proposed amendment to the Department of Community Affairs (DCA) for consideration. DCA has reviewed and raised no objections to the amendment PREVIOUS REVELANT BOCC ACTION: The Board passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process. The Board adopted Transmittal Resolution 172-2005 on May 18, 2005 supporting the proposed amendment CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes _No N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: YesN/A No_ AMOUNT PER MO Year - APPROVED BY: County Attorney ~ DIVISION DIRECTOR APPRO V AL: DOCUMENTATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # 13-:2.. MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMENDMENT POLICY 216.1.8 STAGEDIPHASED HURRICANE EVACUATION BOARD OF COUNTY COMMISSIONERS MARATHON SEPrEMBER 22, 2005 MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AMENDMENT POLICY 216.1.8 STAGED/PHASED HURRICANE EVACUATION A REQUEST BY MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 216.1.8 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN CONCERNING A STAGED/PHASED HURRICANE EVACUATION. RECOMMENDATIONS Staff: Approval March 24, 2005 Staff Report DRC: Approval March 24, 2005 Resolution #D -05 pc: Approval May 11,2005 Resolution #P -05 BaeC: Approval May 18, 2005 Resolution 172-2005 BOCC ORDINANCE ORDINANCE NO. -2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST FILED BY THE PIANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSNE PLAN, POLICY 216.1.8 CONCERNING A STAGEDIPHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, Monroe County is required to amend the Work Program set forth by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, Year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the Department of Community Affairs for its review and comment; and WHEREAS, on September 6, 2005, the Department of Community Affairs made no objections, recommendations or comments regarding this proposed amendment; and WHEREAS, the Board of County Commissioners held the second of two public hearings on the proposed amendment on September 22, 2005; and WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourists, non-residents, and other categories of evacuees to complete their evacuations prior to the inception of the evacuation of residents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys agree to the concept of a "staged evacuation process," and WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and WHEREAS, the proposed amendment to Policy 216.1.8 is consistent with the goals, objectives and policies of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the amendment is specifically consistent with Goal 216 and Objectives 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the amendment is consistent with F.A.C. Chapters 91-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board of County Commissioners finds that the proposed Text amendment furthers and is consistent with the Year 2010 Comprehensive Plan; and Section 2. In order to implement the procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan shall be amended to read as follows: I Strik-e throagh text is deleted Underlined text is new I Policy 216.1.8: ..\s difeetes by the DepartmeRt of EmergeRey MaRagemeRt, MOBfee CaaRty shall implemeRt proeedares far the orserly elosiag aBS eYlaooatiaR af hotels, matels, RV parks, mabile heme parks, campgroaRss, aBS state aBd eaant)" parks iR aeeerdaBee ',lith t:he Momae ooanty HHffieane PreparesRess EvaeuatiaR aRs Shelter PlaB. The eoaRty shall re~aire that aperatafs of traBSieRt faeilities Ratify gaests of the e'laeaatiaR preeesare saring eheek iR throagh oat the hameaBe seaSOH. The plaB shall be momtared aHs apsates OR aR 8Bffiial basis [91 5.012(3)(e)4]. Proposed Policy 216.1.8: 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. ApJlroximately 48 hours in advance of tropical storm winds. a mandatory evacuation of non- residents. visitors. recreational vehicles CRY'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 stonn winds. a mandatory phased evacuation of pennanent 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 Boat Key Bridge (MM 40- ~ 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 stonn. 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 [91- 5.012(3)(c)4]. For the pUfJJose of implementing Policy 216.1.8. this Policy shall not increase the number of allocations to more than 197 residential units a year. except for workforce housing. Any increase in the number of allocations shall be for workforce housing only. Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPfED by the Board of County Commissioners of Momoe County, Florida at a regular meeting held on the day of , A.D., 2005. Mayor Dixie M. Spehar Mayor Pro Team Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David P. Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Dixie M. Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK DOCC STAFF REPORT MEMORANDUM TO: The Board of County Commissioners FROM: K. Marlene Conaway DATE: September 1, 2005 MEETING DATE: September 22, 2005 RE: REVISIONS TO MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 I BACKGROUND The Counties ability to safely and efficiently evacuate the residential and non-residential populations is a primary safety concern. Momoe County is required to amend the Work Program set forth in Policy 101.2.13 of the Momoe County Year 2010 Comprehensive Plan. Within the current year, year 8, the County is to complete a comprehensive analysis of hurricane evacuation issues in the Rorida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes. The County anticipates accomplishing this by amending Policy 216.1.8 which requires the County to implement procedures for the orderly closing and evacuation of the transient, non-resident population. Throughout the hurricane season, the County required operators of transient facilities to notify guests of the evacuation procedures. The Plan was to be monitored on a yearly basis. The proposed amendment of this Policy implements the procedures for an orderly evacuation by staging an evacuation sequence based on the anticipated arrival of a pending major hurricane. The critical concept of this Policy is that non-residents would leave the Keys before the evacuation of the residents begin. By evacuating the non-residents first, the County can achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. This Policy is a result of research and analysis performed by the Rorida Keys Hurricane Evacuation Clearance Working Group. The Working Group was established by Secretary Thaddeus Cohen of the Rorida Department of Community Affairs (DCA) in August of 2004 and has met monthly between September 2004 and January 2005. The Working Group discussed four alternatives regarding hurricane evacuation in the Keys including reducing clearance time, special needs population, a regional evacuation model and equivalency factors. Of the alternatives analyzed by the group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time (See the Working Group's summary report attachment for a more complete background). The Board reviewed and approved transmittal resolution 172-2005 and DCA has raised no objections to the proposed amendment. II ANALYSIS The Working Group worked within the context of the current Goals, Objectives and Policies of the Momoe County Year 2010 Comprehensive Plan that pertained to hurricane evacuation. Staff finds the amendment of Policy 216.1.8 consistent with the Goals, Objectives and Policies of the Momoe County Year 2010 Comprehensive Plan. Particularly, Goal 216 which requires Momoe County to provide for hurricane evacuation, shelters, refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. In addition, Objective 216.1 mandates the County to reduce hurricane evacuation clearance times to 24 hours by the year 2010. As an "Area of Critical State Concern", Momoe County is also governed by Chapters 9J -5 and 9J -12 of the Florida Administrative Code (F.A.C.) and Chapter 163 of the Florida Statutes. The proposed Policy amendment is consistent with 9J-5.012(2)e. The proposed text amendment will further the following natural disaster planning concerns: . To consider the number of persons required to evacuate, evacuation routes, evacuation times.; and . To protect the special needs of the elderly, handicapped, hospitalized, or other special needs; and . To maintain or reduce hurricane evacuation times. The primary benefit associated with this alternative is the reduction of background traffic during a mandatory evacuation of Keys residents. This reduction would in turn reduce the estimated evacuation clearance time for residents by approximately three and a half hours if an early evacuation of tourists is implemented, and six hours for early evacuation of tourists and mobile homes. Finally, this Policy shall be monitored on an annual basis and adjusted as necessary to reflect increases, decreases and or shifts in the population; particularly resident and non-resident. The annual monitoring is particularly important as tr~sient and residential dwelling units have recently been redeveloped from a mobile/transient use to a permanent use. III FINDINGS OF FACT 1. Pursuant to Policy 101.2.13 of the Momoe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan. 3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Momoe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.A.C. Chapters 9J-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. IV PREVIOUS ACTION The Board of County Commissioners (BOCC) passed and adopted Resolution # 018-2005 on January 19, 2005 supporting implementation of a staged hurricane evacuation process in Monroe County, FL. The Resolution was proposed by the Working Group to allow for a safer evacuation of the Florida Keys by requiring the tourists, non-residents and other categories of evacuees to complete their evacuations prior to the inception of the evacuation of residents. The amendment of this Policy further implements this Resolution. The proposed amendment was reviewed and Approved at regularly scheduled meetings by Planning Staff, the Development Review Committee on March 24, 2005, the Planning Commission on May 11, 2005, the BOCC on May 18,2005, and the DCA on September 6,2005. V PROPOSED TEXT CHANGE The old language is shown stIlle}( tlHeagh. The new language is shown underlined. CarreBt Poliey 216.1.8: l\S aHeeted 19y the DepartmeDt of EmergeBey Man&gemeBt, MOBf'oe CoaBty shall implemeBt proeeaares for the oraerly elosiBg aaa e'laeaatioB of hotels, motels, RV parks, mabile heme parks, campgroaBas, aBa state aBa eeaBty parks iB aeoordaBee wit:B t:Be MefH'ae ooaBty Harrieee PrepafeaBeSS EvaeaatioB aBa Shelter PlaB. The ooaBty shall feE:J.aire that opefiltors of trftftsieat facilities Rotify guests of the e'laeaat:ioB proeeaafe aari:a:g e-heelc iB throagB oat the IHlrrieftfte seaSOB. The plaB shall be meDitorea ana apaatea OB 8ft aflBaal basis [9J 5.012(3)(e)4]. Proposed Policy 216.1.8: In the event of a pending maior 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. Apl'roximately 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. ARproximately 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. ARProximately 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 Boat Key Bridge (MM 40- ~ 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 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: principally the resident and non-resident populations [.2I: 5.012(3)(c)41 For the purpose of implementing Policy 216.1.8. this Policy shall not increase the number of allocations to more than 197 residential units a year. except for workforce housing. Any increase in the number of allocations shall be for workforce housing only. VI RECOMMENDED ACTION: Based on the Findings of Fact and Conclusions of Law and the recommendations of Planning Staff, the Development Review Committee, Planning Commission, the Board of County Commissioners previous approval and the Division of Community Affairs (DCA) recommends APPROVAL to the Monroe County Board of County Commissioners for the proposed text amendment to Policy 216.1.8 of the Monroe County Year 2010 Comprehensive Plan. Summary Report of the Florida Keys Hurricane Evacuation Working Group I Background The Florida Keys Hurricane Evacuation Clearance Working Group was established by Secretary Thaddeus Cohen of the Florida Department of Community Affairs in August of 2004. The Secretary's letter establishing the working group is attached as Appendix 1. The purpose of the working group was threefold: (1) To examine the underlying assumptions ofthe Miller hurricane evacuation model, in the context of the Florida Keys approaching the 24-hour limit for evacuation clearance time; (2) To assess building permit equivalency rates across the various local governments in the Keys and their effects on clearance time; (3) To complete a comprehensive analysis of hurricane evacuation issues and develop strategies to reduce hurricane clearance times, specifically examining recent improvements in hurricane forecasting and developments in Transportation Systems Management. Based on these principles, the working group met monthly between September 2004 and January 2005. Its members consisted of one elected official from each local government. The members of the working group were: Clyde Burnett - Mayor, City of Key Colony Beach Charles "Sonny" McCoy - Monroe County Board of County Commissioners Carol MacLaren - Mayor, City of Layton (through November 2004) Kim Briggs - Mayor, City of Layton (after November 2004) Randy Mearns - Marathon City Council Michael Reckwerdt - Islamorada Village Council Jimmy Weekley - Mayor, City of Key West Furthermore, members of the public were encouraged to attend working group meetings and provide their perspectives on the issues. Topics The working group addressed a wide range of topics, which fell into five broad categories: L Background - recent experiences with hurricanes; the Miller model; hurricane forecasting 2. Transportation - road widening; Transportation Systems Management; 3. Sheltering options - cost/location of shelters 4. Planning- RaGa/property rights; equivalency issues; 5. Evacuation options and issues - timing of evacuation orders Summaries of the panel's meetings are attached as Appendix 2. II Recommendations The working group offered several recommendations regarding hurricane evacuation in the Keys. These recommendations included the following: (1) reduce clearance time through a staged evacuation process; (2) increase and improving coordination for the evacuation of special needs residents; (3) explore the development ofa regional hurricane evacuation model; and (4) establish more uniform equivalency factors for dwelling units among the various local governments in the Keys. The recommendations are discussed in more detail below. 1. Reduce Clearance Time The primary issue facing the group was the question of reducing clearance time. At the moment, the Keys are just below the mandated 24-hour evacuation time threshold. Four alternatives to reduce clearance time were presented to the working group. These options consisted of (1) Transportation Systems Management (TSM) - the use of cones, delineators, signs, and other low-cost, temporary traffic control devices to create additional outbound travel lanes along US-l during an evacuation period; (2) the construction of permanent roadway improvements along US-I to increase roadway capacity during non-evacuation and evacuation periods; (3) a staged/phased evacuation process- requiring a mandatory evacuation of non-residents, visitors, and recreational vehicles (RVs) from the Keys approximately 48-hours in advance of sustained tropical storm force winds and (4) sheltering a portion or all of the Keys population during Category 3-5 hurricanes. Of the four alternatives, option (3) was considered the quickest and most effective means of significantly reducing clearance time - a staged evacuation process could be implemented by the next hurricane season (unlike permanent roadway improvements), would reduce clearance time the most, according to the evacuation model, and mirrors existing emergency management practices already in place in Monroe County. However, in order to have the clearance time reduction reflected in the evacuation model, local governments will need to adopt policies into their comprehensive plans supporting this alternative - resolutions passed by the local governments in support of this alternative are attached as Appendix 3. The working group did not endorse option (I), Transportation Systems Management, which was perceived as too labor intensive and distracting for law enforcement personnel with at best a minimal or speculative evacuation benefit. The panel did voice support for option (2), permanent roadway improvements, but only as an element of a longer-term, regional evacuation plan and with the understanding that Islamorada vigorously opposes widening US-I through the Village. The working group recognized that with respect to option (4), sheltering the population in the Keys, there are currently not enough shelter spaces for the entire population during a Category 3-5 storm, but that shelters shall be considered for special needs residents as well as under other circumstances and in the Lower Keys and the City of Key West. The working group also recognized hazards associated with sheltering large populations and advocated considerable more study. The City of Key West and Monroe County adopted resolutions that specifically supported the further consideration of shelters under certain circumstances. 2. Special Needs Another issue addressed by the working group is the evacuation of the county's special needs population. This population includes the elderly, homebound, hospitalized, and others, whose evacuation would require special attention and coordination. In this regard, the hurricane evacuation clearance working group recommended that local health, law enforcement, and emergency management personnel work together to ensure better coordination among agencies, so as to be able to better serve the county's most vulnerable population. The State of Florida Emergency Support Function (ESF) should serve as a model approach for this coordination. The issue of providing evacuation for the homeless population was also considered. The Florida Keys Outreach Coalition will be responsible for the evacuation of the homeless population. 3. Regional Evacuation Model and Coordination In working group discussions, a recurring theme was the impact oflarge-scale development in southern Miami-Dade County on the evacuation from the Keys to the mainland. Working group members recommended developing a.regional evacuation model and securing state funding for such a project to put hurricane evacuation into a regional context. The working group emphasized the need to examine what happens to traffic from the Keys when it reaches Florida City and heads north. The group also recognized the need to formalize coordination of evacuation procedures with Miami-Dade County. 4. Equivalency Factors The working group recommended that local planning officials discuss the various equivalency factors used throughout the county and attempt to devise more uniform standards for counting and allocating dwelling units. The working group was of the opinion that for modeling purposes as well as fairness, a standardized method of accounting for dwelling units would be helpful. This information could then be utilized to update the Miller Model in the future. III Implementation Steps As noted above, local governments passed resolutions in favor of a staged evacuation process. The next step will be to adopt comprehensive plan amendments to formalize this support. The Department of Community Affairs will work closely with the local governments in this regard and provide necessary support. The local governments in Monroe County will need to formalize procedures to ensure the operational implementation of the staged evacuation process. A recommended approach would be through Memorandums of Understanding among all local governments in Monroe County. Furthermore, officials will work cooperatively to ensure that the evacuation of citizens with special needs is adequately addressed. Secretary Cohen offered assistance from the Division of Emergency Management. In addition, a DCA staff person will be specifically assigned to continue work on this effort. Also, DCA will explore funding for a regional evacuation model to ensure that the impact of development in Miami-Dade County on the Florida Keys is adequately addressed. Future hurricanes will most likely be regional issues and as such, a regional model could prove useful for planning and public safety officials, as well as for coordination among Monroe County and Miami- Dade County emergency management departments. Finally, local planners will work together in order to provide more precise inputs into the hurricane evacuation model, particularly with regard to dwelling unit equivalency factors. The Department of Community Affairs will assist this effort. PLANNING COMMISSION RESOLUTION # P -OS PLANNING COMMISSION RESOLUTION NO. P -05 A RESOLUTION BY THE MONROE COUNTY PIANNING COMMISSION RECOMMENDING APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PIAN, POllCY 216.1.8 CONCERNING A STAGEDIPHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, Monroe County is required to amend the Work Program set forth by Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourist, non-residents, and other categories of evacuees complete their evacuations prior to the inception of the evacuation of residents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys agree to the concept of a "staged evacuation process", and WHEREAS, the Planning Commission adopted the following Findings of Fact: 1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan. 3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.A.C. Chapters 9J-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and WHEREAS, the text change was reviewed and recommended for approval to the Planning Commission at the Development Review Committee public meeting held on March 24, 2005; WHEREAS, the text amendment was continued by the Monroe County Planning Commission during regular public meetings held on April 13 and 27, 2005 and reviewed and approved by the Monroe County Planning Commission during a regular public meeting held on May 11, 2005; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend APPROVAL to the Monroe County Board of County Commissioners of the following amendment to Policy 216.1.8 the Monroe County Year 2010 Comprehensive Plan as requested by the Monroe County Planning Department as follows: The old language is shown struek thrOllgH. The new language is shown underlined. Cllrreat Poliey 216.1.8: As ElireeteEl by the Departmeat of Emergeae)' MaBagemeBt, MOlHoe Cellaty shall implemeat proeeElllres for the orderly clesiag aBd evaeaatiea of hotels, motels, RV parks, mobile heme parles, eampyellaEls, aBEl state aDd rollDt)' park-s iD aooorElaBee '{:ith the MOBroe rollat)' HarrieaDe PrepareElDess Evaetiatioa aDEl Shelter Plaa. The rollDty shall reEtllire tHat operators of traasieDt faeilities Dotify gaests of the evaeuatioD proeeElllfe duriBg clieek ia tlUOllgH Ollt the IH:lrrieane seaSOD. The plaD shall be monitored aDd llpElated OD aB amHlal basis [9J 5.012(3)(e)4]. Proposed Policy 216.1.8: 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 CRY'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 Boat Key Bridge (MM 40- @ 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 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: principally the resident and non-resident populations [9J- 5.012(3)(c)4]. For the purpose of implementing Policy 216.1.8. this Policy shall not increase the number of allocations to more than 197 residential units a year. except for workforce housing. Any increase in the number of allocations shall be for workforce housing only. PASSED AND ADOYfED by the Planning Commission of Momoe County, Florida at a regular meeting held on the 11th day of May, 2005. Lynn C. Mapes, Chair YES Denise Werling, Vice Chair YES Julio Margalli, Commissioner YES James D. Cameron, Commissioner YES Department of Health (by FAX) YES Department of Public Works (by FAX) YES Department of Engineering (by FAX) YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By Lynne C. Mapes, Chair Signed this day of , 2005 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D -05 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. -05 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITIEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, POLICY 216.1.8 CONCERNING A STAGED/PHASED EVACUATION IN THE EVENT OF A PENDING MAJOR HURRICANE (CATEGORY 3-5). WHEREAS, Monroe County is required to amend the Work Program set forth by Policy 101.2.13 ofthe Monroe County Year 2010 Comprehensive Plan; and WHEREAS, within the current year, year 8, Monroe County is required to complete a comprehensive analysis of hurricane evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes; and WHEREAS, Monroe County anticipates meeting the requirements concerning hurricane evacuation set forth by the Work Program by amending Policy 216.1.8; and WHEREAS, the proposed amendment to Policy 216.1.8 is a result of research and analysis performed by the Florida Keys Hurricane Evacuation Clearance Working Group; and WHEREAS, the Florida Keys Hurricane Evacuation Clearance Working Group met for five months to address the ability to safely and efficiently evacuate the residents and tourists of the Florida Keys; and WHEREAS, of the four alternatives analyzed by the Working Group, the staged evacuation option was considered the quickest and most effective means of significantly reducing clearance time; and WHEREAS, a staged evacuation process will allow for a safer evacuation of the Florida Keys by requiring the tourist, non-residents, and other categories of evacuees complete their evacuations prior to the inception of the evacuation of residents; and WHEREAS, the Working Group proposed the local governments in the Florida Keys agree to the concept of a "staged evacuation process", and WHEREAS, the Development Review Committee reviewed the following information: 1. The staff report prepared by Heather Beckmann, dated, March 15,2005; and WHEREAS, the Development Review Committee adopted the following Findings of Fact: 1. Pursuant to Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan, a Comp Plan amendment to Policy 216.1.8 is needed by the County to complete an analysis of hurricane evacuation issues in the Florida Keys. 2. Staff finds the amendment consistent with the goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan. 3. Particularly, Staff finds the amendment consistent with Goal 216 and Objective 101.2 and 216.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Staff finds the amendment consistent with F.A.C. Chapters 9J-5, Florida Statutes, Chapter 163, and The Principles for Guiding Development. WHEREAS, the Board of County Commissioners passed and adopted Resolution 018-2005 supporting the implementation of a staged hurricane evacuation process in Monroe County; and NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings support its decision to recommend APPROV AL to the Monroe County Planning Commission of the proposed text amendment to the Monroe County Year 2010 Comprehensive Plan as follows: The old language is shown stRiek through. The new language is shown underlined. Cl:lff'ee.t Petie)' 21 (;.1.8: As aireetea by tke D0f3artJ:Beat ef BmergeBe)' ManageI'ReBt, Memee Ce1:lftty sliall impleI'Reat IJreeeEfttreB fer tAe eraerly elesiag aaa w/aeuatiea efketels, metels, RV IJarks, !HeBile keme IJarlES, eamIJgF9URaS, aaa state aaa ee1:lftty IJarlcs ia aeeerdanee '.vitA tke Meflfee eel:lRty Humeaae Pf0fJafetlaess Bvaeuatiea ana Skelter Plan. The ee1:lftty skall f0tliiire tftat eIJeraters ef traasieat faeilities Ratify guests ef tHe &vaellatiea IJmeeEkH:e auriag ekeek iR tftretlgA. eut tHe ftarfleaae seaseR. The plaa sliall be meaitefea aRa upaatee ea an ar.fRial Basis [9J 5.012(3)(e)4]. Proposed Policv 216.1.8: In the event of a pending maior 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 (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 trooical storm winds. a mandatory evacuation of mobile home residents. special needs residents. and hospital and nursing home oatients from the Keys shall be initiated. 3. Aoproximately 30 hours in advance of tropical storm winds. a mandatory phased evacuation of oennanent 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 of7-mile Bridge (MM 6-40) c. Zone 3 - West end of7-Mile Bridge to West end of Long Boat Key Bridge (MM 40- ill 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 seauence of the evacuation by zones will Vary depending on the individual storm. The conceots 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; orincipally the resident and non-resident populations [9J- 5.012(3)( c)4]. PASSED AND ADOPTED by the Development Review Committee of Monroe County at a regular meeting held on the 24th day of March, 2005. Aref Jou1ani, Senior Administrator of Development Review YES Heather Beckmann, Planner YES Ralph Gouldy, Sr. Administrator of Environmental Resources YES David Dacquisto, Director of Island Planning YES Department of Health (by FAX) YES Department of Public Works (by FAX) YES Department of Engineering (by FAX) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Aref Joulani, DRC Chair Signed this day of ,2005 County of Monroe Growth Mana9:ernent Division Board of County Commissioners 2798 Overseas Highway Mayor Dixie Spehar, District 1 Suite 410 Mayor Pro Tern Charles "Sonny" McCoy, District 3 Marathon,l1orida 33050 George Neugent, District 2 Voice: 305.289. 2500 David Rice, District 4 FAX: 305.289. 2536 Murray E. Nelson, District 5 MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AlCP 6)JJ DATE: September 13,2005 SUBJECT: Supplemental Staff Report to Proposed Amendments to Comprehensive Plan: Response to DCA's Objections, Recommendations, and Comments Report [Agenda Items B-3 and B-4] OVERVIEW As indicated in the staff reports accompanying each ordinance in the agenda package, the staff believes that the proposed revisions met DCA's concerns; however, the staff did not have a copy of DCA's written report prior to preparing revisions to the transmitted ordinances. This supplemental report presents specific staff responses to the DCA's report dated September 6,2005, regarding the above two ordinances, a copy of which is attached. DCA had no objections to the two proposed Future Land Use Map amendments and Policy 216.1.8 (Hurricane Evacuation). RESPONSE TO DCA OBJECTIONS 1. Tier Desienations. DCA Objection: Data and analysis had not demonstrated that all lands in Tier ill are of equal environmental sensitivity and therefore should be given the same number of points under ROGO. The proposed Tier system only protects "known" habitat for endangered and threatened species and not parcels identified on existing maps as "probable or potential" habit for these species.. Data needs to be provided that no palm and cactus hammocks exists within unincorporated Monroe County. DCA Recommendation: County should provide maps that "conceptually" identify areas identified as Tier I, Tier IT, or Tier ill; clarify that Tier ill has a Special Protection Area of environmentally sensitive lands containing hammock of one acre or greater; and, clarify that Tier IT lands are only located on Big Pine and No Name Key County Staff Response: The staff has prepared a series of maps that "conceptually" identifies all areas designated as Tier I, Tier IT, or Tier ill and those areas designated as Special Protection Areas in Tier ill (see maps provided in agenda package) and clarified language in several places stating that Tier IT lands are only located on Big Pine Key and No Name Key. DCA Objection.. Data has not been provided that adequately demonstrates that all lands with high quality hammock have been designated as Tier I and that all lands designated as Tier ill are scarified or low quality hammock. The 90% clearing requirement for palm and cactus hammocks have been reduced without showing data that no such habitat exists within unincorporated Monroe County. DCA Recommendation: The County should provide supporting maps and a point system that guides development towards scarified lands by creating a Special Protection Area and submit data that no cactus or palm hammocks exist on islands other than Big Pine Key and No Name Key. * County Staff Response: The maps prepared by the staff for this agenda identify all lands in Tier ill, designated on the 1996 FMRI maps as containing hammock of one acre or greater, as eligible for designation as a Special Protection Area. The revised ordinances provide for the designation of these Special Protection Areas and the assignment of +20 rather than +30 points in ROGO to any development that proposes to clear any hammock within a designation Special Protection Area. The staff will provide information to DCA that the only remaining palm and cactus hammocks are on public lands on Big Pine Key and Long Key. 2. Buildine Permit Allocation Exemptions DCA Objection: DCA staff is concerned that the proposed revisions would allow both affordable housing allocations and community and public facilities within habitat proposed for acquisition or on lots that would have received negative points under the County's existing regulations. These policies would allow public facilities within hammocks potentially containing threatened and endangered species. DCA Recommendation: The policies should be revised to allow affordable housing and public facilities on sites that do not require clearing of hammock. County Staff Response: Amendments made to the ordinances by staff prohibit the location of affordable housing within a Special Protection Area or the location of community/public facilities within a designated Special Protection Area that results in any clearing of hammock. DCA Objection.' The policy revisions as proposed would allow transfer of RaGa exempt development to environmentally sensitive sites even though data shows at least 755 such sites in Tier III. DCA Recommendation: The County should submit supporting maps that conceptually identify Tier designations and modify Policy 101.5.8 to ensure environmentally sensitive site in Special Protection Areas are not allowed as received sites for RaGa-exempt development County Staff Response: As mentioned previously, the maps recommended by DCA are included in the agenda package. Policy 101.5.8 has been revised to prohibit the transfer of RaGa-exempt development to a designated Special Protection Area. 3. Hammock Clearine Limits DCA Objection: The policies do not provide clear and consistent limitations on clearing. DCA Recommendation: Revise policies 101.4.22 and 205.2.7 to include a numerical cap on clearing for all large or aggregated lots. County Staff Response: Policy 101.4.22 has been revised to limit clearing to a maximum of 7,500 square feet, regardless of the amount of upland vegetative area. Policy 205.27 has been revised to state that the maximum amount of vegetation that can be cleared on a lot and still receive points for aggregation under ROGO is 5,000 square feet. Attachment "" . II JI J]3 !tr~ - - .- .. .I'lIir,- <6/</ jo!;; '"' . - . .C '< ~. . .. ~ . '. - . ~. ~ ~Wi.~ FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of Statf""'- .,. DIVISION OF HISTORICA1RESQURCES . j ., July 27,2005 t} U:~ w_ -t ......'""\('r- I ,. '.~. 1 L U !...) ~~ ....,.. J Mr. Ray Eubanks ,.., ,.........~ _.~.... , ..../ Department of Community Affairs ....-...' ~. .'.... .. ..-~..... j Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the Monroe County (05-2) Comprehensive Plan Amendment Request Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources have been given sufficient consideration in the request to amend the Monroe County Comprehensive Plan. We reviewed two proposed amendments to the Future Land Use Map, in addition to three text amendments, to consider the potential effects of these actions on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the county's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Monroe County. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, X~ a~ I~ t Frederick Gaske, Director 500 S. Bronough Street . Tallahassee, FL 32399-0250 . http://www.tlheritage.com [] Director's Office [] Archaeological Research ~ Historic Preservation [] Historical Museums (850) 245-6300 . FAX: 245-6436 (850) 245-6444 . FAX: 245-6436 (850) 245-6333 . FAX: 245-6437 (850) 245-6400 . FAX: 245-6433 [] Southeast Regional Office [] Northeast Regional Office [] Central Florida Regional Office (954) 467-4990 . FAX: 467-4991 (904) 825-5045. FAX: 825-5044 (813) 272-3843 . FAX: 272-2340 ..,_: I I . j; Objections, Recommendations and Comments Report Monroe County 05-02 - Proposed Amendment September 6, 2005 Amendments with obiections 1. Tier Desienations Policies 101.5.3, 101.5.4, 105.5 and 205.1.1 provide criteria for the designation ofland into a tiered system. Data and analysis has not been provided demonstrating that all lands in Tier Three are the same with regard to environmental sensitivity and should therefore be given the same number of points in the competition for building allocations. Staff research indicates there are 755 parcels located within contiguous Tropical hardwood hammocks that range from one acre to four acres in size. Additionally Policy 205.1.1 bases the designation of the tier system only on "known" habitat for Threatened and Endangered Species and fails to provide protection for parcels identified on existing maps as "probable or potential" habitat for protected species. Section 163.3177(6)(a) and (d), (8), and (10)(e); 9J-5.005(2) (a) and (c); 9J-5.013(1)(a)5. and (2)(c) 6. and 9; Section 187.201(9)(a) and (b)1., 3., and 4., and (15)(b)2.; and Section 380.0552(7)(a), (c), (t) and (I), F.S. Recommendation: As discussed in our conceptual negotiations, the County should submit supporting maps that conceptually identify the areas designated Tier One, Tier Three and the Special Protection Area. The County should clarify that Tier Three has a Special Protection Area of environmentally sensitive lands containing hammock greater than one acre. Additionally the County should clarify that Tier Two lands are only located on Big Pine and No Name Keys. -~ The amendment to policies 103.2.2,205.2.6,207.1.2,207.10.5,207.12.6 and objective 205.2 delete the requirement for the Habitat Evaluation Index without providing an alternative system to ensure that the evaluations will not be needed. Data has not been provided that demonstrates that all lands with high quality hammock have been designated Tier One and that all lands designated Tier Three are scarified or low quality hammock. Additionally Policy 205.2.6 deletes the 90 percent open space requirement for palm and cactus hammocks without providing data and analysis indicating that no palm or cactus habitat exists within unincorporated Monroe County. Section 163.3177(6)(a) and (d), (8), and (lO)(e); 9J-5.005(2) (c); 9J-5.013(I)(a)5. and (2)(c) 6. and 9.; Section 187.201 (9)(a) and (b)1., 3., and 4., and (15)(b)2.; and Section 380.0552(7)(a), (c), (t) and (1), F.S. Recommendation: As discussed in our conceptual negotiations, the County should provide supporting maps and a point system that guides development toward scarified lands by creating a Special Protection Area that contains hammocks. Also the County should submit data demonstrating that no cactus or palm hammocks exist on islands other than Big Pine and No Name Keys. ..~- I .,,; 2. Building: Permit Allocation Exemptions Policies 101.2.4 and 101.3.4 exempt affordable housing allocations, community and public facilities from the building permit allocation system and deletes previous polices which prohibited the location of affordable housing within habitat proposed for acquisition, or on lots that qualified for negative points. These policies would allow public facilities within hammocks potentially containing habitat for threatened and endangered species. The policies are inconsistent with proposed Rule 28-20.110 in that the proposed rule only allows, with limited exceptions, passive recreation facilities on publicly-owned land or land targeted for public acquisition. 9J-5.013(2)(c)3., 5., 6.; Section 187.201(9)(a) and (b)1., 3., and 4., and (15)(b)2.; and Section 380.0552(7)(a), (c), (t) and 0), F.S. Recommendation: As discussed in our conceptual negotiations, the County should revise the policies to allow affordable housing and public facilities only on sites that do not require clearing of hammocks. Policy 101.5.8 revises the transfer of ROGO-exempt development. Under the previous point system, development could not be transferred to a receiver site if the site would have received negative points. The proposed policy eliminates language regarding negative points and allows transfer of ROGO-exempt development to environmentally sensitive sites. Data has not been provided to assure that Tier Three does not contain environmentally sensitive lands. Staff research indicates that 755 environmentally sensitive lots are located within Tier Three. 9J- 5.013(2)(c)3., 5., 6.; Section 187.201 (9)(a) and (b)1., 3., and 4., and (15)(b)2.; and Section 380.0552(7)(a), (c), (t) and (1), F.S. Recommendation: As discussed in our conceptual negotiations, the County should submit supporting maps that conceptually identify the tier system and modify policy 101.5.8 to ensure that environmentally sensitive sites within the Special Protection Area are not allowed as receiver sites for Rogo-exempt development. 3. Hammock Clearing: Limits Policies 101.4.22 and Policy 205.2.7 establish habitat clearing percentages. Policy 205.2.7 contains a cap on clearing for aggregated lots that receive additional points. Policy 101.4.22 limits habitat clearing to forty percent or 3,000 square feet, whichever is greater, within Tier Three. The policies do not provide clear and consistent limitations on the clearing of habitat. Also applicants unifying more than one parcel in Tier Three would be able to clear forty percent of the entire parcel. 9J-5.013(2)(c)3.; Section 187.201(9)(a) and (b)1., 3., and 4., and (15)(b)2.; and Section 380.0552(7)(a), (c), (t) and 0), F.S. Recommendation: Consistent with the County's agreement to better protect habitat and the requirements of the Work Program adopted by the Governor and Cabinet, the County should revise policies 101.4.22 and 205.2.7 to include a numerical cap on clearing for all large or aggregated lots. ..~- I .j, AMENDMENTS WITH NO OBJECTIONS AMENDMENTS WITH NO OBJECTIONS FLUM Changes Lujan Properties The property consists of five individual parcels totaling 7.32 acres. The County is proposing to change the future land use designation from Mixed Use Commercial (up to 18 units/acre) to Residential Mediwn (1 unit/lot up to 8 units/acre). The Mixed Use Commercial Category contains no distribution of mix standards, which would limit the amount of residential development that can occur on the site. The proposed change represents a de-intensification of potential residential and commercial impacts to the County. The Quay Property The County proposes to change the future land use designation on a 4.21-acre parcel from Residential Low (up to .5 units/acre allowable density,S units/acre maximum net density) to Public Buildings and Grounds (.10 to .30 FAR). Staff have identified no impacts resulting from the proposed change. Text Change Proposed Policy 216.1.8 The County has added a policy to incorporate a staged hurricane evacuation concept. The concept would require that tourist and seasonal residents evacuate prior to the issuance of an evacuation order for County residents. The hlJ:lguage is incorporated verbatim from language that the Department has assisted local governments in drafting. This language was developed pursuant to the working group established by Secretary Cohen to address evacuation issues in the Keys. It has been the Department's policy to require the maintenance of a 24-hour hurricane evacuation clearance time standard for the County. The most recent projection using the Miller Model showed that the current clearance time is just under 24 hours. Evacuation of tourists 48 hours in advance of the mandatory evacuation order residents will help the County to streamline its evacuation process. AGENCY COMMENTS South Florida Water Management District The WMD had no concerns about the amendment package. South Florida Regional Planning Council The RPC found Goal 1 05 to be generally inconsistent with the strategic regional policy plan. ..- I . .". Florida Department of Environmental Protection In their original letter dated August 8, 2005, the agency strongly recommended that Monroe County modify that portion of the proposed amendment package that reflects the June 14,2005, Board adoption of a two-tier land use overlay. In a supplemental letter dated September I, 2005, the Department reviewed the proposed revisions to the Monroe County 05-2 comprehensive plan amendments provided on August 25,2005. With regard to the tier system, the proposed revisions generally address the concerns expressed by the Department in its comment letter of August 8, 2005. The agency also recommended, however, that any remaining internal inconsistencies among the goals and policies of the plan be corrected so that the adopted tier system can be consistently and unambiguously implemented. Florida Department of State Cursory review suggests that the proposed change would have no adverse effect on historic resources. It is the county's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Monroe County. Other Agency Comments None received