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Item C3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2013 Division: _Growth Management Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: Discussion and direction on amendments to the Land Acquisition policies within the Monroe County 2010 Comprehensive Plan to address evolving and new issues. ITEM BACKGROUND: The Monroe County Comprehensive Plan includes a variety of policies that direct the County to implement an assortment of land acquisition priorities. The County has been actively engaged in land acquisition to achieve these existing priorities. The County is also engaged in the development of other policy strategies to help transition land into public ownership to reduce the potential takings claims, and address the future build-out of the Florida Keys by incentivizing development that eliminates privately owned vacant parcels. Over the past 2 years, new data regarding hurricane evacuation, ROGO allocations, total vacant privately-owned parcels, new environmental regulations (Permit Referral Process), climate change reports and draft comprehensive plan policy text have been produced that may influence the County's acquisition priorities. County staff is proposing updated Comprehensive Plan policies to reflect these new data and issues, and to address the direction given by the BOCC (during the adoption of the Evaluation and Appraisal Report) that land acquisition policies are not adequate and that policies need to be revised to better address the future build-out of the Florida Keys. PREVIOUS RELEVANT BOCC ACTION: May 2012, the BOCC passed Resolution 150-2012 to adopt the Evaluation and Appraisal Report (EAR), the BOCC voted to revise the EAR because land acquisition policies are not adequate and the County will need to revise the policies to better address the future build-out or maximum number of housing units of the Florida Keys. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Direction to process the proposed Comprehensive Plan amendments with the updated land acquisition priority policies. These amendments would be included in the EAR-based Comprehensive Plan amendments currently under development and anticipated to be reviewed by the Planning Commission in the fall of 2013. TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# t tu Proposed Land Acquisition Priorities Priority One 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 Lands designated as Tier I(Natural Areas) Lands designated as Tier III for the retirement of development rights & hurricane evacuation clearance times Priority Two Key Largo Wood Rat & Cotton Mouse buffer areas* (Pen-nit Referral Process required by USFWS and FEMA) Silver Rice Rat focus area & buffer* (Permit Referral Process required by USFWS and FEMA) Lower Keys Marsh Rabbit focus area & buffer (excluding BPK/NNK)* (Permit Referral Process required by USFWS and FEMA) Lands designated as Tier II(BPK/NNK) Lands designated as Tier III-A Priority Three Lands within the FEMA"V"Zones(purchase parcels within V Zone to encourage growth away from more vulnerable areas) 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 designated as Tier Ill for employee and affordable housing t ta Proposed Land Acquisition Priorities Priority Four Lands for potential recreationaUpark development&expansion(public access) Adaptation action area or lands in more"interior"locations for transitioning public facilities &directing development Lands within the Coastal High Hazard Area (CHHA) Lands subject to inundation under the assumption of 3 inches to&7 inches by 2030 County of Monroe Growth Management Division Planning&Environmental Resources i'� '� Board of County Commissioners Department ,t � „ ',r Mayor George Neugent,Dist.2 2798 Overseas Highway,Suite 410 Mayor Pro Tent Heather Carruthers,Dist.3 Marathon,FL 33050 ��� V Danny Kolhage,Dist. 1 Voice: (305)289-2500ro lw� David Rice,Dist.4 FAX: (305)289-2536 ' Sylvia J.Murphy,Dist. 5 am,� We strive to be caring,professional and fair To: Monroe County Board of County Commissioners Roman Gastesi, Administrator Through: Christine Hurley, AICP, Director of Growth Management From: Mayte Santamarta, Assistant Director of Planning Michael Roberts, Senior Administrator, Environmental Resources Date: July 1, 2013 Subject: Recommended revisions to the land acquisition policies within the Monroe County 2010 Comprehensive Plan to adjust the priorities to reflect the future build-out of the Florida Keys, address habitat protection, retirement of development rights, etc. ------------------------------------------------------------------------------------------------------------------------------- The Monroe County Comprehensive Plan currently directs the County to implement various acquisition priorities. The County has been actively engaged in land acquisition and other policy strategies to help transition land into public ownership to reduce potential takings claims, and address the future build-out of the Florida Keys by incentivizing development that eliminates privately owned vacant parcels. In the past 2 years new data regarding hurricane evacuation and vacant privately-owned parcels, new environmental regulations as well as draft comprehensive plan policy text and climate change reports have been produced that may influence the County's acquisition priorities. NEW ISSUES Rate of Growth & Hurricane Evacuation All local governments in the Florida Keys are united by the need to maintain a hurricane evacuation clearance time of 24 hours prior to the onset of tropical -force winds as prescribed by their local as well as state laws. As such, since 1992, all local governments within the Florida Keys, with the exception of the City of Key Colony Beach, have limited residential growth through an annual cap on new residential development established by the State to ensure the ability of the population of the Florida Keys to safely evacuate. The basis for the permit allocation rate and distribution is based upon our ability to maintain 24-hour evacuation clearance time. 1 Monroe County Rule 28-20.140, F.A.C., (ratified by the Legislature in 2011) includes Work Program Tasks which require a Memorandum of Understanding (MOU) to address the input variables and assumptions to depict hurricane evacuation clearance times for the population of the Florida Keys — including an analysis of maximum build-out capacity to determine the remaining allocations for the Florida Keys. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) 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. A Memorandum of Understanding (MOU) [see Exhibit 1] was entered into by and between DEO, the Florida Division of Emergency Management, Monroe County and the municipalities to stipulate the input variables and assumptions for the hurricane model. Based upon the MOU and the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits countywide). This includes 1,970 allocations for unincorporated Monroe County from July 2013 to July 2023. In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate 10 years' worth of growth to the Keys, with 1,970 permits (197 x 10) going to Monroe County, while maintaining an evacuation clearance time of 24 hours through the year 2023. While the County will be able to issue 1,970 allocations over the next 10 years, the County will need to develop strategies to ensure that the 24-hour clearance time is not exceeded while balancing private property rights and public safety. This is significant, as there are approximately 8,000+vacant privately- owned parcels (see table below). This allocation may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. This deficit of building permit allocations could trigger takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023. Analysis of Vacant Parcels in Unincorporated Monroe County, Florida TIER NUMBER OF VACANT PARCELS No Tier (ORCA, etc.) 235 Tier I 3,979 Tier II 393 Tier I11-A 260 Tier I11 3,301 TOTAL 8,168* TOTAL ALLOCATIONS 1,970 POTENTIAL LIABILITY 6,198* *Assumes one(1) unit per parcel and does not take into account additional density potential. With the possibility that additional permits may not be allowed beyond the year 2023, the County may want to consider targeting Tier III vacant properties, as these properties receive greater points in the permit allocation systems (and as such may be considered "more buildable"). 2 Comprehensive Plan Update Project & Evaluation and Appraisal Report Proposed Amendments The updated Comprehensive Plan will provide the roadway for how the County will address growth management issues for the next twenty years (2010— 2030). Land Acquisition & Build-out: When the BOCC passed Resolution 150-2012 to adopt the Evaluation and Appraisal Report (EAR), the BOCC voted to add the following strategies to the EAR: • Revise the EAR because land acquisition policies are not adequate and the County will need to revise the policies to better address the future build-out or maximum number of housing units of the Florida Keys • Add the need to develop alternate land use policies related to the possibility of a future build out of the Florida Keys • Add the need to develop an estimate of the long term maintenance costs for the acquired lands • Investigate whether the one half cent sales tax used by the Land Authority for acquisition can be broadened in scope in the statue to include the ability to use those funds for long term land management Energy& Climate Change Element: The County is developing a separate Energy & Climate Change Element to address climate change and potential sea level rise of 3 to 7 inches for the next twenty years, based upon the current Unified Sea Level Rise Projection agreed to by the participants in the Southeast Regional Climate Compact. The Draft Energy and/or Climate Change Element includes provisions, such as: • Consideration of climate change impacts such as increased temperatures, sea level rise, potentially shifting habitat and ecosystem types and the need to account for increased storm surge in future public infrastructure decisions • Analysis of financial expenditures for infrastructure improvements within or proximate to vulnerable areas to appropriately manage public investments when considering demand for repairs and reconditioning of deteriorating infrastructure • Consideration of policies to identify adaptation action areas • Review land development regulations relative to post-disaster redevelopment to include, as appropriate, consideration of climate change impacts, repetitive loss structures and shoreline stabilization needs While climate change suggestions have been included in this discussion, it should be noted that the science examining the impacts of climate change and sea level rise is still evolving. As such, the County may want to consider postponing revising land acquisition priorities on this issue for a couple of years. Alternatively, the County could propose a policy to evaluate climate change and sea level rise impacts by a particular future date. Environmental Re(ulations—FEMA & USFWS Permit Referral Process In 1990, the National Wildlife Federation (NWF) and the Defenders of Wildlife (DOW) filed suit against the Federal Emergency Management Agency (FEMA) claiming that FEMA, while administering the National Flood Insurance Program (NFIP) in the Keys, was not consulting with the U.S. Fish and Wildlife Service (FWS) as required by the Endangered Species Act. In 2005, the court entered an injunction that prohibited FEMA from issuing flood insurance on over 50,000 parcels of land in Monroe 3 County (for developments in suitable habitats of federally listed threatened or endangered species in the Keys). On April 30, 2010 the FWS issued a Biological Opinion (BO), amended on December 3, 2010, that settled the lawsuit between NWF/DOW and FEMA. This BO and settlement between the parties, requires Monroe County to revise its Flood Damage Prevention Ordinance to implements a "Permit Referral Process" for review of all development that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)" are areas identified by the U.S. Fish and Wildlife Service which contain potentially suitable habitat for nine federally protected species including: 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. On December 2 2011, FEMA notified Monroe County that if the County did not implement the "Permit Referral Process" by June 30, 2012, then Monroe County would have been placed on probation. As a result, on June 20, 2012, the Board of County Commissioners adopted Ordinance 015-2012 requiring the County to review permits for federally listed species to comply with the Federal Endangered Species Act. Subsequent to the adoption of Ordinance 015-2012, the Court lifted the injunction in Florida Key Deer v. Fugate, 90-CV-10037 (the "FEMA Injunction") on September 13, 2012. The County must now review development proposed within suitable habitats of federally listed species to comply with the Federal Endangered Species Act. Under this new process, certain development proposals that are reviewed pursuant to the Species Assessment Guides (SAGS) for the Key Largo wood rat, Key Largo cotton mouse, silver rice rat and Lower Keys marsh rabbit may require the property owners to agree to execute and record a covenant restriction which prohibits free ranging cats to alleviate direct and cumulative loss of these species. In addition, there are federal caps on the number of new residences that can be built in the buffer area for the Key Largo wood rat and the Key Largo cotton mouse and in the Species Focus Areas and associated buffers for the Lower Keys marsh rabbit and Silver rice rat. • Key Largo Wood Rat& Cotton Mouse buffer areas in North Key Largo: 76 residences • Silver Rice Rat focus Area&buffer: 522 residences in the focus area, 349 residences in buffer lands • Lower Keys Marsh Rabbit focus area &buffer: 296 residences in the focus area, 575 residences in buffer lands The County may want to consider encouraging the Federal and State government to target the vacant properties with habitat and listed species for conservation purposes. • There are 7,589 Tier I parcels within the State's Florida Forever Boundary are owned by public and nonprofit agencies. • There are 3,351 Tier I parcels within the State's Florida Forever Boundary which remain privately owned and vacant. 4 • There are 12,147 parcels within the Federal Species Focus Area and Buffer Areas which are owned by public and nonprofit agencies • There are 7,193 parcels within the Federal Species Focus Area and Buffer Areas which remain privately owned and vacant Big Pine Key and No Name Key Livable CommuniKeys Master Plan (LCP), Habitat Conservation Plan (HCP) and the Incidental Take Permit (ITP) Monroe County adopted the Livable ColmnuniKeys Master Plan for Big Pine Key and No Name Key as an amendment to the 2010 Comprehensive Plan, on August 14, 2004 (Ordinance 029-2004). Monroe County, the Florida Department of Transportation, and the Florida Department of Community Affairs (now the Department of Economic Opportunity) were also compelled to develop a Habitat Conservation Plan to address the incidental take of key deer, eastern indigo snake, and lower keys marsh rabbit that may result from development activities in Big Pine Key and No Name Key over the 20 year period of 2003-2023. In 2006, the U.S. Fish and Wildlife Service issued an Incidental Take Permit (ITP) to Monroe County, the Florida Department of Transportation, and the Florida Department of Community Affairs (now the Department of Economic Opportunity) which became effective on June 9, 2006 and expires on June 30, 2023. The ITP requires specific land use limitations and protections for Big Pine Key and No Name Key, including,but not limited to: • New residential development will be limited to a maximum of 200 dwelling units over the 20 year life of the HCP. • New residential development in Tier I areas will be limited to no more than 5% of all residential units permitted over the 20 year life of the HCP (no more than 10 units or H=0.022) whichever results in a lower H. • No development will be allowed in Lower Keys marsh rabbit habitat [see Exhibit 2]. No residential or commercial development will be allowed with 500 meters of marsh rabbit habitat, with the exception of isolated areas (i.e. green hatched areas on HCP Figure 2.2). As noted above, the ITP allows no more than 10 units (or 0.022 H impact whichever results in a lower H) on Tier I designated lands. As of December 31, 2012, the County has issued ROGO allocations for 9 residential dwelling units (resulting in 4 building permits), totaling 0.0201 H impact. While the H impacts for the allocations are not debited until the building permit is issued, the County may be approaching the maximum threshold of the ITP. As such, the County may want to consider targeting Tier I designated lands on Big Pine Key and No Name Key for acquisition. Additionally, County staff reviewed the Lower Keys marsh rabbit habitat and buffer lands to determine the remaining privately-owned lands and to determine potential areas the County may want to target for acquisition as there is a limit to development in these areas. The table below identifies the remaining privately-owned parcels within the Lower Keys marsh rabbit habitat and buffer. 5 Total Number of Acreage of Acreage of Big Pine Key and No Name Key Parcels Parcels Hammock or Pineland Private/Vacant intersecting Marsh Rabbit Core Habitat& 653 343.30 Marsh Rabbit Habitat Buffer(LKMR Parcels Private/Vacant intersecting LKMR Parcels intersecting 219 137.92 Hammock or Pineland Habitats Total Number of Private/Vacant intersecting LKMR Parcels containing 50% or greater area of Hammock or 170 58.2 51.6 Pineland Habitats STAFF RECOMMENDATION Staff is recommending revisions to the existing land acquisition priorities within the adopted Comprehensive Plan to address the direction of the BOCC that land acquisition policies are not adequate and that policies need to be revised to better address the future build-out of the Florida Keys, as well as the new issues and environmental regulations described above. Generally, staff is recommending that the duplicative land acquisition policies be eliminated and that policies dealing with land acquisition priorities be combined. Staff recommended strikethrough and underline policy revisions are provided below. PROPOSED, DRAFT Amendments to Existing Comprehensive Plan Land Acquisition Policies: FUTURE LAND USE ELEMENT to er-eate a dedieated aeqeisition 4md faf Tier- 1 laads oo Big Pine Key and No Name Key based oft th Genset=vatiefi Plan and the Mastef Plan fat: Big Pine Key and No Name Key. The Gatifity and the- aequisition effefts iii the Keys based an needs identified i* this eompr-ehensive plan. This eeer-dinatia ; Policy 101.6.6 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 can not 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 102.4 Monroe County in ea e facie, " the state a-ad ether- acgi t eagenc es shall maintain pfepa-F a Land Acquisition Master Plan by ittly-T 2005 containing strate i�a-4fateg-)--for securing funding, eeftsisteR4 with the liefed systeffi adopted by this plaft and as fequifed by the State AA'ef4� Pf and containing non-purchase options and strategies. Policy 102.4.1 The Monroe County Land Acquisition Master Plan shall be maintained develepe and implemented by the Monroe County Land Authority in cooperation with the Growth Management Division vSr-.rrrand 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 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 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 Lands designated as Tier I(Natural Areas) 7 Lands designated as Tier III for the retirement of development rights & hurricane evacuation clearance times Priority Two Key Largo Wood Rat & Cotton Mouse buffer areas* (Permit Referral Process required by USFWS and FEMA) Silver Rice Rat focus area&buffer* (Permit Referral Process required by USFWS and FEMA) Lower Keys Marsh Rabbit focus area & buffer (excluding BPK/ K)*(Pennit Referral Process required by USFWS and FEMA) Lands designated as Tier I1(BPK/ K) Lands designated as Tier III-A Priority Three Lands within the FEMA "V"Zones (Purchase parcels within V Zone to encourage growth away from more vulnerable areas) see NOTE] 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 designated as Tier III for employee and affordable housing Priority Four Lands for potential recreational/park development& expansion (Public access) Adaptation action area** or lands in more "interior" locations for transitioning public facilities & directin development [see NOTE] Lands within the Coastal High Hazard Area(CHHA Lands subject to inundation under the assumption of 3 inches to & 7 inches by 2030 [see NOTEI Criteria for the ranking of land acquisitions within the four priority areas shall include: 1) Consideration of the carry�ing 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, including1eg ment 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: 1. Hardwood hammock&pinelands (upland habitats) 2. Disturbed wetlands 3. Undisturbed 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. 8 **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_ ***The Coastal High-Hazard Area is the area below the elevation of the category I storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. NOTE: It should be noted that the science examinin the he 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. These t,^iceei � � ��n c�i�ac,i�c-c�ir the neighbefheads; 3. fresh watef wetlands, and tmdistur-bed salt ma-r-sh, and bt4tei+weed wetlands Iha4 a-fe r-equifed epe and 10. lands with habitat value on Big Pine Key and No Name Key to meet mitigat' efits 0 the Big Pine Key and No Name Key Habita4 Gensen,a4ien Pla 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 cai . it ng 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. The Lan shall be tipd4ed &ftttually with ptiblie ifiput. hi f-efmulfffing this list, the Ge-HR-ty shall pfiefitize Tief lands e�vef Tier- 11 (Big Pine Key and Ne Name Key) a-Rd Tief H! !a-Rds. Outside the beuiidafies ef Tier-AtAhefity a-Rd Gfewth Ma-flagemeiil Divisieii shall develep a pfiar-ky list ef aeVisilieii sites. This fis 9 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. The Gettiity shall be fespeiisible following:Poliey 102.4.6 The Maiffee Gattnt-y Land Aequisition Master- Plan shall eantain pelieies to dir-eet th passive 0 0 aefe of o.,te-; size in T e f TT (Big Pine and N Name Key) a 1Tie 11, , aequisilieii will be giveii te these pafeels iii Tief 11 (Big Pitte a-Rd No Naffie Key) Vvil vegela4ieir the size and the leeatieii of the pr-apefty and stiff d ttses ifieltidiffg 4) m „tv,,,,,iee eests f isolated p eels a) par-eels in Tief ill sttitable faf the development or- r-edevelopment of six of mefe tvsidefitia4 tmits will be identified and pfiefitized fat:ae"isition; b) pr-ier-ity f6f ae"isition will be Oveft to pfejeets that afe ready to pfeeeed with ROGO alleeatietis available; 10 Policy 102.4.7 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. Policy 102.8.4 Pprivately-owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes Policy 103.1.3 Monroe County shall identify Key deer habitat areas ashy 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 DN (for the Coupon Bight CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project).Acgiitieiq shall eo er-ed thfaugh the Mo,.,,.ee roomy N tur-all Policy 103.1.4 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 103.2.7 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 ashy 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 the USFWS (for the Crocodile Lake National Wildlife Refuge), and FDEP DN (for the Key Largo Hammock CARL Project). and Pa4 pr 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 Objective 105.2 Monroe County shall maintain and implement with assistance of the state and federal governments a 20- year Land Acquisition Program 11 siistaiiiability ef the Keys man made afid iiatiifal systems; and, 3) seetife aiid fetaiii latids siiitable fef in recognition of 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 105.2.2 Monroe County shall maintain pfepat:e overlay map(s) designating geographic areas of the County as one of the thfee 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 105.2.3 The priority for acquisition of lands and de elep ..,o.,t rights under the County's Land Acquisition Program shall follow the priority categories within Policy 102.4.2. bey follows. Tief 1 (NaturTAiea)pfiefit-y, &Eeept aequisitieff of!and faf affefdable hettsing shall also be a fifst pfiefity. These ae"isitie , Mefir-oe Goffnt-y shall implement a land ae"isition program to aeqtt4:e most pt:iN�ately owned vaean Monfee Getifity shall implement an ae"isition pfogr-am to ae"it:e -privately owned vaeafit !a-nds 12 Policy 105.2.13 By May 2015, the County shall explore additional funding sources for land acquisition including, but not limited to, utilizing a percentage of the infrastructure sales surtax, proposing an increase to the sales tax, and/or establishing a special taxing authority for land acquisition funding 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. CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy 204.4.1 The Monroe County Growth Management Division in coordination with the Monroe County Land Authority and other federal and state agencies will continue with wetlands acquisition through Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition Fund. A list of pfiefity wetia-ads ae"isition sites shall be dfaf4ed and updated am+ttally. This list shall b-e developedby Mefffee Coufftyn eefistiltation with f eiitatives e4he A!'O EPA, T,AI DE ilN , , , , A list E)f pr-iefity tifidistw-bed beaehlbefm ae"isitien sites shall be dfaf4ed and tipdated amitially. This !is shall be developed by Menfee Gowqty ift eenstiltation with fepfesefttatives ef the DNR affd others, as a+i&o (See Paf1ES and peff Spaee Element Paliey 1� 1.2.4 3. are leeated within improved Subdivisions. *NEW Proposed Policy to address the new FEMA & USFWS Permit Referral Process* Policy 207.1.5 Monroe County shall work cooperatively with the U.S. Fish and Wildlife Service (USFWS) and Federal Emergency Management Agency (FEMA) to review pen-nit applications for compliance with the Federal Endangered Species Act through the "Permit Referral Process" within the floodplain regulations. The 13 purpose of the "Permit Referral Process" is to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and FWS regarding permit applications filed with or issued by Monroe County. Monroe County shall implement a "Permit Referral Process" for review of all development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)". The SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service which contain potentially suitable habitat for nine federally protected species including: 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. aeq-ttisitionof 1. sites hm,ifig knowi4-populations of fedef ally desigaated wildlife spe motes deemed highly suitable as r-€iatfa"etiefi sites for-suchipeeies. Policy 207.7.3 , Monroe County shall identify Key deer habitat areas ashy acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Emphasis shall be placed upon acquisition of movement corridors, sources of freshwater, 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 DN (for the Coupon Bight CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). Policy 207.8.10 , Monroe County shall identify undisturbed beach nesting habitat of marine turtles as pt:ier-ity-acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Particular emphasis shall be placed upon acquisition of undisturbed beaches which are located within Improved Subdivisions. 1. fiestiiig sites of the setithem bald eagle (14aliaeettis letieeeephala), osprey (Pa-ndiafi haliaettts), th mele"s), Policy 207.11.4 Potential introduction sites for the Stock Island Tree Snail which are not currently in public ownership shall be designated ashy acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. 14 Policy 217.1.7 Monroe County shall consider floodplain management and CHHA issues in making public acquisition decisions Policy 1201.2.7 Acquisition of neighborhood and community park sites shall be undertaken as part of the Monroe County Land Acquisition Program NNutt:^ Het:it ge ^4ia PaF Pi:egf m. and Policy 102.4.2. Polie , 1301.7.15 Manfee County shall eeefdinate with DNR and etwettfage total ae"isitieff O�Nofth Key Lafge widef th ART 15 Exhibit A�~ , 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)1.2. 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 I of 5 determined by a state-approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology (Rule 28-20.140(5)(a)1 I., 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 DSO'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 Sheriffs 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 (I I%), Islamorada with 1,109 vacant parcels (10%), Key Colony Beach with 92 vacant parcels (0.81%), Key West with 84 vacant parcels (0.74%), and Layton with 13 vacant parcels (0.11%); and WHEREAS, 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)l 1, 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)(t), 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 staffs 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)1 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" day of September, 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington No Commissioner George Neugent Yes Commissioner Heather Carruthers Yes Co Ln Commissioner Sylvia Murphy Yes o a C.) BOARD OF COUNTY COMMISSIONERS c) C:) OF MONROE COUNTY, FLORIDA LJJ c �7��/jY v" , BY Mayor David ce (SEAL).', ATTEST:.`DANNY L. KOLHAGE, CLERK MPAVE UNTY AS TO ATTORNEY wC oe�a: DEPUTY CLERK Page 5 of 5 08-02-12 HURRICANE EVACUATION CLEARANCE TIME MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND THE COUNTY OF MONROE,CITY OF KEY WEST,ISLAMORADA,VILLAGE OF ISLANDS,CITY OF LAYTON, CITY OF KEY COLONY BEACH,CITY OF MARATHON,AND FLORIDA DIVISION OF EMERGENCY MANAGEMENT This Memorandum of Understanding ("MOU") is entered into by and between the State of Florida's Department of Economic Opportunity (the "DEO"), the Florida Division of Emergency Management (the "Division"), and Monroe County, the City of Key West, Islamorada, Village of Islands, the City of Layton, the City of Key Colony Beach, and the City of Marathon (the "Local Governments") (all collectively known as the"Parties") for the purpose of complying with Rules 28-18, 28-19,and 28-20,Florida Administrative Code. RECITALS: WHEREAS, the Local Governments of the Florida Keys are within two areas that the Florida Legislature and the Administration Commission have designated as Areas of Critical State Concern (the Florida Keys ACSC and the City of Key West ACSC), pursuant to Sections 380.05 and 380.0552, Florida Statutes, and Florida Administrative Code Chapter 28-36, hereinafter referred to as the "Keys ACSCs';and WHEREAS, the Local Governments have adopted state-mandated Comprehensive Plans and Land Development Regulations,which have been approved by the State, as required by law;and WHEREAS, the State's Legislative Intent in designating the Local Governments as Areas of Critical State Concern includes: (a)Establish a land use management system that protects the natural environment of the Florida Keys; (b) Establish a land use management system that conserves and promotes the community character of the Florida Keys; (c) Establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services; (d)Provide affordable housing in close proximity to places of employment in the Florida Keys; (e) Establish a land use management system that promotes and supports a diverse and sound economic base; (f) Protect the constitutional rights of property owners to own, use, and dispose of their real property; 1 08-02-12 (g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land use activities in the Florida Keys; (h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the Florida Keys; (i) Protect and improve the nearshore water quality of the Florida Keys through the construction and operation of wastewater management facilities that meet the requirements of Sections 381.0065(4)(1)and 403.086(10),Florida Statutes, as applicable;and 0) Ensure that the population of the Florida Keys can be safely evacuated (Section 380.0552(2) Florida Statutes); and WHEREAS, the Florida Keys remain one of the most vulnerable areas in the United States to hurricanes;and WHEREAS,the Florida Legislature and the Administration Commission have mandated that the Local Governments (except the City of Key West) include within the goals, objectives, and policies of their respective Comprehensive Plans measures to protect public safety and welfare in the event of a hurricane by maintaining an evacuation clearance time for permanent residents of no more than 24 hours (Section 380.0552(9)(a)2. Florida Statutes, Rule 28-18.400(5)(a)10., F.A.C., Rule 28-19.310(5)(a)5., F.A.C.,and Rule 28-20.140(5)(a)14.,F.A.C.);and WHEREAS, Florida Administrative Code Rule 28-36.003(2)(a)7. requires that the City of Key West prepare and adopt an evacuation plan which is consistent with the regional and County plans; and WHEREAS, the Florida Legislature further mandated that the hurricane evacuation clearance time for the Florida Keys ACSC shall be determined by a state-approved hurricane evacuation study, conducted in accordance with a professionally accepted methodology; and WHEREAS, the Division of Emergency Management evacuation study, titled "Statewide Regional Evacuation Studies Program" dated November 2010, which includes Regional Behavioral Surveys Volumes 2-11, and was funded by the state Legislature and the Federal Emergency Management Agency("FEMA'),provided the State's principal source of professionally acceptable data and analysis, augmented by other sources of data and analysis as referenced herein, for determining input variables and assumptions depicting evacuation clearance times for the population of the Florida Keys;and WHEREAS, the Administration Commission has directed DEO, by July 1, 2012, to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC or identify alternative evacuation strategies that support the 24 hour evacuation clearance time; and WHEREAS, the Administration Commission has directed DEO, the Division, and the Local Governments to enter into this MOU to stipulate to the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models 2 i 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 (0.811/6), Key West with 84 vacant parcels (0.740/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 Sheriff s Office,Naval Air Station- Key West, the environmental community, and a citizen's advocacy group; and further DEO requested technical advisors from DEO, the Division, and the Local Governments as well as the Northeast Florida Regional Planning Council, the South Florida Regional Planning Council, Monroe County Emergency Management, the National Weather Service,the National Hurricane Center, and the Florida Department of Transportation to participate in meeting discussion;and WHEREAS, four advertised public workshops were conducted in the Florida Keys where the Work Group reviewed studies and data from DEO and other agencies related to the occupancy, participation, human behavior, response curves, capacity of the evacuation route, and the number of automobiles that will likely be evacuated,and other factors; and WHEREAS, the Work Group evaluated information, provided input, and ultimately recommended Scenario M5;and WHEREAS, from among the scenarios provided by DEO at the June 8, 2012, Work Group meeting, Scenario M5 included the 2010 Census site-built units (43,760 units); the maximum number of residential building permits for new construction for all Local Governments per year for 10 years (annually,County 197,Marathon 30, Islamorada 28,Key West 90,Key Colony Beach 6 and Layton 3); 1,248 mobile home units projected to convert to site-built units; the exclusion of 870 dwelling units on 3 i } f 08-02-12 the Naval Air Station; as well as two (2) functional evacuation lanes from MM 108-126. Further, the Work Group recommended Scenario M5 with the provision that the City of Key West would transfer annually (by July 13th) any remaining or unused (90 allocations) allocations to the other Local Governments based upon the Local Governments' ratio of vacant land; and WHEREAS, following the June 8, 2012, Work Group meeting, technical corrections were made to the Census site built units revising that number to 43,718 and revising the Key West building permit allocation to 91, which corrections do not affect the hurricane evacuation clearance time for the population of the Florida Keys; and WHEREAS, the Local Governments acknowledge that the safe and timely evacuation of the population of the Florida Keys in the event of a hurricane requires a consistent and cooperative approach and to that end, having participated as members of the Work Group, acknowledge that the input variables and assumptions identified in this MOU are those which DEO finds accurately depict evacuation clearance times for the population of the Florida Keys for a Category 3-5 hurricane event,as required by Administrative Rule; and WHEREAS, Marathon, Key West, Layton, Monroe County, and Islamorada requested new participation rate studies be conducted, due principally to the low sample rates primarily for mobile homes relied upon by DEO; and, WHEREAS,the Work Group accepted the participation rates recommended by DEO, including those for mobile homes, and DEO agreed to seek funding to provide education to mobile home occupants regarding the need to evacuate during Phase I due to the vulnerability of mobile homes;and WHEREAS, the Local Governments recognize that the data, input variables, and assumptions DEO has incorporated into its hurricane evacuation model and this MOU are subject to change when the 2020 Census data becomes available. NOW THEREFORE,the parties set forth the following understandings: PART ONE: RECITALS The above recitals are incorporated into this MOU and made a part hereof. PART TWO: DATA,INPUT VARIABLES AND ASSUMPTIONS The Human Behavioral Studies from the 2010 Statewide Regional Evacuation Study, the 2010 Census as supplemented by the 2006-2010 American Community Survey, Smith Travel Research, and data from the Department of Business and Professional Regulation, Division of Hotels and Restaurants, and Statewide Regional Evacuation Study Program for the South Florida Region are the best available and most relevant data and analysis. The following input variables and assumptions provide the basis, when used in the TIME model, to accurately calculate evacuation clearance times for the population of the Florida Keys, and DEO will recommend same to the Administration Commission to determine the remaining development allocations for the Florida Keys: 4 1 08-02-12 A. Number and Occupancy of Units by type of Unit: 1. Tourist Units: 13,665 tourist units with 11,287 occupied units for the month of July (the month with highest average number of permanent and seasonal residents and tourists). The data source for the number and type of units and vehicular use is the Statewide Regional Evacuation Study Program for the South Florida Region and the Department of Business and Professional Regulation,Division of Hotels and Restaurants,Licensee File Database,District 1 (March 29, 2010). The data source for occupancy of tourist units is the Smith Travel Research 2012: Historic Trend Report for 2011 for the month of July. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units is attached and incorporated herein as Exhibit 1. 2. Mobile Home Units: 8,134 Mobile Home units with 4,576 occupied units. The data source for the number and type of units, the vehicular use and occupancy of the units is the 2010 Census supplemented by the 2006-2010 American Community Survey for Monroe County and the Statewide Regional Evacuation Study Program for the South Florida Region. A listing of the units is within the Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site-Built and Mobile Homes, is attached and incorporated herein as Exhibit 2. 3. Site-Built Units: 43,718 Site-built units with 27,320 occupied units. The data source for the number, type, occupancy, and vehicular use is the 2010 Census supplemented by the 2006- 2010 American Community Survey and the Statewide Regional Evacuation Study Program for the South Florida Region. See Exhibit 2. B. Response Curve: The assumed Response Curve for model runs is 12 hours for all unit types as utilized in the 2010 Statewide Regional Evacuation Study Program for the South Florida Region. C. Participation Rates: The assumed Participation Rates are: 1. Tourist units: 100% 2. Mobile home units: 100% 3. Site-built units: 90%for a Category 5 event The participation rates are based upon the 2010 Statewide Regional Evacuation Study, Regional Behavioral Analysis Volumes 2-11, prepared for the South Florida Region, which DEO has determined reflect the best available data at this time. D. Vehicle Usage by Units by type of Unit: A listing of the vehicle count and usage by Traffic i Evacuation Zone quantifies the number of vehicles owned (Exhibit 3) and the percent of vehicles owned that will be evacuated (Exhibit 4). Exhibits 3 and 4 are based upon the 2010 Statewide Regional Evacuation Study and are attached and incorporated herein. E. Vehicle Usage by the Special Population: Exhibit 5 represents the number of vehicles that will be contributed by Naval Air Station — Key West and the Florida Keys Community College and is 5 08-02-12 based upon correspondence from Naval Air Station—Key West and the assumption that each of the 100 dorm beds from the Florida Keys Community College will contribute one evacuating vehicle per bed. F. Evacuation Stream. The evacuation stream from Monroe County is the only assumed traffic demand considered. G. Roadway Capacity. The Roadway Capacity, dated July 18, 2010, established by the Florida Department of Transportation is attached and incorporated herein as Exhibit 6. H. Evacuation Procedures. The following evacuation procedures have been adopted or substantially adopted by the Local Governments(except the City of Key West) into their comprehensive plans,and by the City of Key West in Resolution No. 06-244: 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non- residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non- transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a)Zone 1 —Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b)Zone 2—Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40) c)Zone 3—West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) d) Zone 4—West end of Long Boat Key Bridge to CR 905 and CR 905A intersection (MM 63- 106.5) e)Zone 5—905A to,and including Ocean Reef(MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect increases,decreases and or shifts in population; particularly the resident and non- resident populations. PART THREE: MISCELLANEOUS A. Liability. As this MOU represents only the Parties' acknowledgement of the data, input variables, and assumptions DEO has utilized in its hurricane evacuation model, nothing in this MOU shall be construed to impose any liability on the State of Florida, DEO, the Division, or the Local Governments. Nothing in this MOU may be interpreted as a waiver of sovereign immunity by any 6 08-02-12 Party. Any provision of this MOU that is inconsistent with the State's sovereign immunity statute shall be considered null and void. B. Modification. Modifications to the Memorandum of Understanding shall be valid only when reduced to writing and duly signed by all parties. C. Severability. If any term or provision of this Memorandum of Understanding shall be invalid or unenforceable to any extent, the Parties agree to comply with remaining terms and provisions, unless compliance with the remaining 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: I. Monroe County. Mayor, Monroe County, 2798 Overseas Hwy. Marathon, FL 33050 with a copy to the Growth Management Division Director,2798 Overseas Hwy.Marathon,FL 33050. 2. City of Key West. Mayor, City of Key West, 3126 Flagler Avenue Key West, FL 33040, with a copy to the Planning Director, 3126 Flagler Avenue Key West,FL 33040. 3. City of Marathon. Mayor, City of Marathon, 9805 Overseas Highway Marathon, FL 33050, with a copy to the Planning Director,9805 Overseas Highway Marathon,FL 33050. 4. City of Layton. Mayor, City of Layton,68260 Overseas Highway,P.O. Box 778 Long Key,FL 33001. 5. City of Key Colony Beach. Mayor,City of Key Colony Beach, P.O. Box 510141, Key Colony Beach, FL 33051-0141 with a copy to the City Clerk at P.O. Box 510141, Key Colony Beach, FL 33051-0141. 6. Islamorada, Village of Islands. Mayor, Islamorada, Village of Islands, 86800 Overseas Highway Islamorada, FL 33036, with a copy to the Director of Planning and Development Services,86800 Overseas Highway Islamorada,FL 33036. 7. Division of Emergency Management. Director, Florida Division of Emergency Management, 2555 Shumard Oaks Boulevard, Tallahassee, FL 32399-2100, with a copy to the Division's Hurricane Program Manager at the same address. F. Effective Date. This Memorandum of Understanding is effective upon execution by all parties and approval by the Florida Administration Commission and ends upon the termination of the Florida 7 08-02-12 Keys Area of Critical State Concern designations, unless terminated earlier according to Part 4(D) above. IN WITNESS WHEREOF,the parties have executed this Memorandum of Understanding on the dates below written. CITY OF KEY WEST,FLORIDA zz 2012 :,r t a r: ;,. Date ates, ayor ATT City Cleric F60�+��' Approved as su Shawn Smith,City Attorney E 8 i a8-oz-zz BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA Z I ,2012 Da David Rice Mayo .� ATTEST ' Clerk Approved as to form and legal sufficiency: S to .' County Attorney i f 9 08-02-12 i CITY OF MARATHON,FLORIDA 2012 Date Peter Worthington,Mayor I ATTEST; City Clerk I 1 Approved as to fo egal sufficienc M John R. He ' ,Ci Atto ey i I i i i a 10 08-02-12 r CITY OF LAYTON,FLORIDA I ! ,2012 f f Date 'Norman S.Anderson,Mayor I ATTEST: Mimi Young,City Cle Approved as to form and legal sufficiency: __':�!-RMty Attorney i i I1 1 08 42-12 CITY OF KEY COLONY BEACH,FLORIDA 2012 - Date Ron Sutton,Mayor ATTEST: City 1 en Approved as to form and legal sufficiency: Thomas D. Wright, City Attorney i 12 08-02-12 i ISLAMORADA,VILLAGE OF ISLANDS,FLORIDA I 2012 Date Michael Reckwerdt,Mayor I ATTEST: Village Gle Approved as to form and legal sufficiency: Nina Boniske,Village Attorney f 13 08-02-12 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT _ 2012 ate Bry .Koon,Director Approved as to fort and legal sufficiency: Assistant General Counsel 14 i t 08-02-12 1 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY t - , 2012 e4c)IAA nA omas Beck,AIC Director,Division of Community Development Approved as to form and legal sufficiency,subject only to full and proper execution by the parties Office of the General Counsel Department of Economic Opportunity By: . A AssistarVjenerdl Vounsel Approved Date: 15 08-02-12 Exhibits to Hurricane Evacuation Clearance Time Memorandum of Understanding Exhibit 1 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data: Hotel, Motel and other Vacation Rental Units Exhibit 2 Statewide Regional Evacuation Study Table of Traffic Evacuation Zone Occupancy Data for Site-Built and Mobile Homes Exhibit 3 Listing of the vehicle count and usage by Traffic Evacuation Zone (based on the 2010 Statewide Regional Evacuation Study) Exhibit 4 Percent of vehicles owned that will be evacuated (based on the 2010 Statewide Regional Evacuation Study) Exhibit 5 Identification of contributing vehicles from Naval Air Station—Key West and Florida Keys Community College. 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I rl 00.0,191"1 fql olal LAI I I I I Exhibit 2 Table of Traffic Evacuation Zone(TEZ)Occupancy Data:Site-Built and Mobile Home Units Sub-County Site-Built Mobile Home TEZ Location Total Occupancy Occupied Total Occupancy Occupied Rate Total I Rate Total 1208 Key West 2,196 67.85% 1,490 1 100.00% 1 1209 Key West 2,252 65.32% 1,471 69 100.00% 69 1210 Key West 1,387 87.89% 1,219 8 100.00% 8 1211 Key West 2,779 77.69% 2,159 42 100.00% 42 1212 Key West 514 92.61% 476 0 0.00% 0 1213 Key West 1,069 87.65% 937 365 96.44% 352 1214 Key West 289 85.35% 247 10 100.00% 10 1215 Key West 1,586 77.96% 1,236 15 100.00% 15 1216 Key West 699 78.40% 548 10 100.00% 10 1217 Key West 610 81.97% 500 576 89.06% 513 1218 Key West 106 84.91% 90 304 79.28% 241 1219 Key West 448 86.61% 388 0 0.00% 0 1220 Lower Keys 1,041 86.36% 899 517 56.87% 294 1221 Lower Keys 1,112 71.22% 792 50 100.00% 50 1222 Lower Keys 1,521 55.03% 837 472 40.25% 190 1223 Lower Keys 2,477 66.98% 1,659 376 48.14% 181 1224 Lower Keys 1,174 59.20% 695 343 62.97% 216 1225 Lower Keys 464 63.79% 296 20 100.00% 20 1226 Middle Keys 747 56.09% 419 458 77.95% 357 1227 Middle Keys 1,613 58.15% 938 204 69.12% 141 1228 Middle Keys 3,854 49.35% 1,902 298 45.64% 136 1229 Middle Keys 1,093 37.60% 411 192 44.79% 86 1230 Middle Keys 258 62.79% 162 422 9.01% 38 1231 Middle Keys 1,155 34.37% 397 9 66.67% 6 1232 Upper Keys 525 57.52% 302 123 33.33% 41 1233 Upper Keys 273 57.88% 158 64 34.38% 22 1234 Upper Keys 885 49.83% 441 122 53.28% 65 1235 Upper Keys 2,299 57.16% 1,314 79 37.98% 30 1236 Upper Keys 619 53.96% 334 162 54.94% 89 1237 Upper Keys 933 52.52% 490 366 45.63% 167 1238 Upper Keys 377 75.86% 286 177 20.90% 37 1239 Upper Keys 1,509 55.53% 838 105 2.86% 3 1240 Upper Keys 1,547 46.15% 714 371 46.90% 174 1241 Upper Keys 11009 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 Mainland 1246 Monroe 4 50.00% 2 11 45.46% 5 Mainland _12_47_ Monroe _ _17 70.59% _ 12 _ _0 0.00% _0 Totals --"-- 43,718 --_-- --27,320 8,134 ,.--- 4,576 Source data:2010 US Census and 2006-2010 American Community Survey for Monroe County I i Exhibit 3 Table of Traffic Evacuation Zone(TEZ)Vehicle Per Unit Data:Site-Built,Mobile Home and Tourist Units Sub-County Site-Built Mobile Home Tourist(based on July Occupancy) TEZ Occupied Vehicle per Total Occupied Vehicle per Total i'Occupid �iehicl per Total Location Units Unit Vehicles Units Unit Vehicles " Unit UnitVehicles 1208 Key West 1,490 1.08859 1,622 1 1.00000 1 1,804 1.1 1,984 1209 Key West 1,471 0.99544 1,464 69 0.85507 59 1,535 1.1 1,689 1210 Key West 1,219 1.36423 1,6631 8 1.37500 ill 147 1.1 162 1211 Key West 2,159 1.41147 3,048 42 1.45238 61 1,035 1.1 1,139 1212 Key West 476 1.22899 585 0 0.00000 0 190 1.1 209 1213 Key West 937 1.31910 1,236 352 1.36080 479 0 1.1 0 1214 Key West 247 1.45398 359 10 1.50000 15 28 1.1 31 1215 Key West 1,236 1.29993 1,607 15 1.26667 19 208 1.1 229 1216 Key West 548 1.31934 723 10 1.30000 13 898 1.1 988 1217 Key West 500 1.40800 704 513 1.40156 719 1 1.1 1 1218 Key West 90 1.64444 148 241 1.63900 395 19 1.1 21 1219 Key West 388 0.00000 0 0 0.00000 0 1 1.1 1 1220 Lower Keys 899 1.22914 1,105 294 0.62925 185 1 1.1 1 1221 Lower Keys 792 1.92045 1,521 50 1.92000 96 103 1.1 113 1222 Lower Keys 837 1.24134 1,039 190 1.60000 304 80 1.1 88 1223 Lower Keys 1,659 1.41772 2,352 181 1.70166 308 62 1.1 68 1224 Lower Keys 695 1.01727 707 216 1.71759 371 165 1.1 182 1225 Lower Keys 296 1.75000 518 20 1.70000 34 5 1.1 6 1226 Middle Keys 419 0.94033 394 357 1.03081 368 392 1.1 431 1227 Middle Keys 938 1.51386 1,420 141 1.39716 197 151 1.1 166 1228 Middle Keys 1,902 1.71451 3,261 136 1.757351 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 Mainland 1246 Monroe 2 1.50000 3 5 1.40000 7 0 1.1 0 Mainland _1247 Monroe_ __ _12 _0.00000 _ _0 _ _0 0.00000 __ _0 _ _0 ___ 1.1 Totals 27,320 38,579 4,576 6,533 11,287 12,416 Source data:2010 US Census and 2006-2010 American Community Survey for Monroe County;Smith Travel Research 2012:Historic Trend Report;2010 Statewide Regional Evacuation Study:South Florida Region 3 Exhibit 4 Table of Traffic Evacuation Zone(TEZ)Vehicle Use Rate Data:Site-Built,Mobile Home and Tourist Units Sub-County Site-Built Mobile Home Tqurlst(based on July Occupancy) TEZ Location Total Vehicle Available Total Vehicle Available 1041' ' Vehicle Use Available ` Vehicles Use Rate Vehicles Vehicles Use Rate Vehicles 1le11"des Rate" 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 12101 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 1 1220 Lower Keys 1,105 75% 829 185 75% 139 1 100% 1 1221 Lower Keys 1,521 75% 1,141 96 75% 72 113 100% 113 1222 Lower Keys 1,039 75% 779 304 75% 228 88 100% 88 1223 Lower Keys 2,352 75% 1,764 308 75% 231 68 100% 68 1224 Lower Keys 707 75% 530 371 75% 278 182 100% 182 1225 Lower Keys 518 75% 388 34 75% 26 6 100%1 6 1226 Middle Keys 394 80% 315 368 80% 294 431 100% 431 1227 Middle Keys 1,420 80% 1,136 197 80%1 158 166 100% 166 1228 Middle Keys 3,261 80%1 2,609 239 80% 191 1,269 100% 1,269 1229 Middle Keys 627 80%1 502 136 80% 109 501 100% 501 1230 Middle Keys 278 80% 222 65 80% 52 65 100% 65 1231 Middle Keys 647 80% 518 10 80% 8 129 100% 129 1232 Upper Keys 571 85% 485 78 85% 66 150 100% 150 1233 Upper Keys 298 85% 253 41 85%1 35 858 100% 858 1234 Upper Keys 0 85% 0 0 85%1 0 79 100% 79 1235 Upper Keys 2,454 85% 2,086 53 85% 45 77 100% 77 1236J Upper Keys 598 85% 508 159 85% 135 18 100% 18 1237 Upper Keys 648 85% 551 156 85% 133 144 100% 144 1238 Upper Keys 458 85% 389 58 85% 49 44 100% 44 1239 Upper Keys 1,637 85% 1,391 6 85% 5 182 100% 182 1240 Upper Keys 1,349 85% 11147 244 85% 207 719 100% 719 1241 Upper Keys 1,454 85% 1,236 264 85% 224 198 100% 198 1242 Upper Keys 439 85% 373 548 85% 466 1 100% 1 1243 Upper Keys 1,256 85% 1,068 798 85% 678 160 100% 160 1244 Upper Keys 90 85% 76 8 85% 7 243 100% 243 1245 Upper Keys 296 85%1 252 28 85%1 24 73 100% 73 Mainland 12461 Monroe 3 75% 2 7 80% 6 0 100% 0 Mainland 1247 Monroe _0 75% _ _ 0 __ _ 0 _8_0_% ___ _0 _ _ _0____10_0% _ _ _0 Totals 38,579 32,394 6,533 5,461 12,416 -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 5 Table of Traffic Evacuation Zone(TEZ) Data:Special Population TEZ Sub-County Special Population Originating Location Number of Location Type Beds/Vehicles Used Florida Keys Community 1216 Key West University Population College-Blue Lagoon 100 vehicles Residence Hall NAS Key West NAS Key West-Boca 1220 Lower Keys 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 Area From To Location/Description Flow hate per Functional Evacuation Lane Lane Lower 2 4 Key West to Stock 2 900 Keys Island Lower 4 9 Stock Island To Big 2 900 Keys Coppitt Key Lower 9 17 Big Coppiu to 1 1,100 Keys Sugarloaf Key Lower 17 22 Sugarloaf to Cudjoe 1 1,100 Keys Key Lower Cudjoe Key to Keys 22 24 Summerland Key Cove 1 1,100 Airport Lower Summerland Key Cove Keys 24 25 Airport to Summerland 1 1,100 Key Lower 25 30 Summerland Key to 1 1,100 Keys Big Pine Key Lower 30 34 Big Pine Key to West 1 1,050 Keys Summerland Keys Lower West Summerland Keys 34 35.2 Keys to Spanish 1 1,100 Harbor Keys Lower 35.2 36.5 Spanish Harbor Keys 2 1,100 Keys to Bahia Honda Bridge Lower Bahia Honda Bridge to Keys 36.5 37.5 Bahia Honda Key 1 1,100 Middle 37.5 47 Bahia Honda Key to 1 1,200 KeysHo Middle 47 48 Hog Key to Boot Key 1 1,100 Keys Middle 48 50.2 Boot Key to Marathon 2 900 Keys Middle 50.2 58 Marathon toMarathon 2 900 Keys Middle 50.8 54 Marathon Shores to 2 900 Keys Key Colony Beach Middle 54 54.5 Key Colony each to 2 900 Keys Deer Key Middle 54.5 58 Deer Key to Grassy 1 1,100 Keys Key Upper Keys 58 74 Grassy Key to 1 1,100 Matecumbe Harbor Upper Keys 74 80 Matecumbe Harbor to 1 1,100 Tealable Key Upper Keys 80 83.5 Teatable Key to 1 1,100 Islamorada Upper Keys 83.5 85.6 IslamoradaatoWindley 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 Upper Keys 100 105 Newport Key to 2 900 Sexton Cove Upper Keys 105 106.3 Sexton Cove to 2 900 Rattlesnake Key Upper Keys 106.3 126.5 Rattlesnake Key to I 1,200 Card Sound Road Upper Keys 126.5 HEFT Card Sound Road to 1 900 HEFT Exhibit 6 Maximum Sustainable Traffic Flow Rates per Functional Evacuation Lane: US Highway I(Overseas Highway)and CR 90S/Card Sound Road in the Florida Keys,Monroe County,Florida Milemarkers Functional Maximum Sustainable Area From To 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 Int CR Ocean Tanglefish Key to Upper Keys Reef 905/CR Crocodile Lake 1 1,100 905A Int CR Upper Keys 905/CR USI Crocodile Lake to 1 1,100 905A South Miami Dade Source data:Florida Department of Transportation:Letter to Department of Community Affairs on June 18, 2010-Tables 2A and 2B;Statewide Regional Evacuation Study for the South Florida Region Exhibit 2003 RabbH Hai�'itaf 500M Buffer Canals&01her Barriers !f * S 3000 ®Feed Rr a�� Ir�il Ihl� a� r it rr � , F �� �, r� ` ✓ (' ("� '�I✓D fi� �''�o lrm��if a6iv I a y r V� uu�IP �ull I � IliB I Ind F Figure 2.2. Lower Keys marsh rabbit habitat (Source: United States Fish and Wildlife Service). 24 7/17,/2 1 Monme Courtty Growth Management July Il p=L3 OOCC Meeting f �r ti r ''i1 kil and di4k com plan policy text h, been produced that may influence the County'County's Current acquisition priorities a. 7/17/2 13 _wr. remi t in a 1 � e � �(*ly l l ant arcels at,risk afriot,obtaining,pegnii s in the, ur This deficit of allocations could triggertakings suits against both the State and the County, if no additional permits are allowed beyond the year2023. -�Wt rh Indigo na e,fey Deer,trey LaIrgoc—otton Mouse, l oodrat,Key Tree Cactus,Lower Keys Marsh liliit, chaos Swallowtail Butterfly, Silver RiceRat,and Stock Island Tree Snail. 2 7/17/2013 5li Joe tt mass bm ^' Silver Rice t focus Area&buffer.er. residences in the f us UP.a, 349 reside ces in buffir lands Lower Kew Marsh Rabbit focus area&buffer;:s 6 residences in the focus area,575 residences in buffer lends j ltae ptible aitl/nzr tt Pot ppar x:3,551 Tier l parcels withinthe States Florida, car r Boundary which remain privately owned and vacant. -- , ptprx„12,147 parcels within the Federal Species Focus Area and Buffer Areas which are owned by public and nonprofit agencies. approx.7,193 parcels within the Federal Species Focus Area and Buffer Areas which remain privately awned and vacant. itl ; Ka � t FIT- In 2oo6,the i - and Wildlife' e- " e ' J issued an Incidental Ta Permit(lT°P) to Monroe onroe County FDOT hieh became effective on June 9, zoo6 and f expires on Jane 30, 2023 i MIrrr 1K.b' �y � r r fs � kit rig notdebited until thehilildiog,perm,It is issue, ut the County maybe approacfidng the maximurn thr;V of the IT As such,the Cou n may waist to consider targeting Tier I designated lands on Big Pine Vey and No Name Key for acquisition. 7/17/2013 I a e ',., of or "iaa9aaad Private/Vacant intersecting Marsh Rabbit f"arn¢? Habitat at nt e Calaarafa afxfant Habitat auf'r(f. cif fry �43,3d0 k'anrce[s Private/Vacant,intaaseetawrk LK.MR.Paarcett 219 037M intersecting Haannararuk or Piareland Habitats "Ilwal Ntuuua➢cr aaf'Pri�waatv'Vacam i,nurscutiaf,LKMR Panuuaels Containing 501ye or givaate.x area Of kfanrarnt k' 170 58.2 51,6 (m Piarelaend Habitats I It should n6ted that the wie nce Pumining th.e is in friu of clirnate changeand SLR is still ervolvhri& �. As,such,the C aanntY may want to consider postponin o revising the C. 'orn Plan Policies regarding cquni itioin I)Fil urn �s* at e to Climate ha n e and SLR,(delay ameTICIII-I(MAIS fos COania Ie oaf" e an orpropose.a. certain ffiftire mate to re evaluate acquisition prionraty policies) 5 q 7/1 7/'701 ' c fiitm buiWota of the Flor XiysK Stavoul,d like - ct o incorporute, Me amendmentproposed in,to the EAR-based Comp Plan rasa Ell Tkw M0 , C r daa Mum s t° taint en f nC ,'' which' dir a - Otfundin for, Wfiann anff ro cm the Pataarit�List,I, d aulgixjsi(f 3U hs a/ �r� O ort h c n oute h d=1 govegurmaw 2tud tto The Con1 bw,I a f ou the g ae andf ariJ ' �z�zstt�!to lieu erg r ra�rr�lb�kf�+j a fukition Of 1°roa 1,cons flatafa1lands n s 'n rar c. � - w r 7/17/2013 VI , w 't e v f, ift Oro I"al c OUT s' deg' W1, "cur *qdAn in More,4J 1mations forc. directing tuelunaa tk vu a C7a"t'1 " Ifivard"Ya W �x,des 401091 to c 7a" ti n or th" usuirvition o i inglics t.a&7 iLicbcs by IWO_ OV Marsh rabbit habitat and buffer area,as adopted with the Big Panne Key&No Name Key(BPKJ NK)Habitat Conservation Plan Q.I°aware 2.2)and Incidental�ale Permit Lands'containing known populations of federally- designated wildlife species Lands&-sipated as Tier I � Lands designated.as"I"ier III for the retirement of devek,g)1 nennt rights is&hnntraeatae evacuation clearance times 7 7/17/2013 Key Largay Wood Rat Mo use o buffer areas (f Im, (Pernrnat Deferral Process required by USF S and F ) Silver Rice Rat focus area&buffer(Peratit Referral ]Prancers required by USF S and MA) Lower Keys Marsh Rabbit focus area&buffer(excluding III° )* fit ReferrW1Prnac¢aa realubre¢ll by,. USF S and]CI-MA) Lands designated as Tier II(BPK/ ) Lands desi naaat:ed as Tier IH-A Illllllllii �� I�a�u aad� 'thin the FEMA"V"°Zones Omirelmse parcels �ntlanrm one to encourage growth away from more n unlanen�able areas i Lands with areas of deteriorated infrastructure where the cast of imaintaining and/or nTaaifinS the hif."xastrauetnre exceeds the vahm of"Inravaate lands(developed or umdeveloped) Lands designated aas'Tier III for employee and affordable housing 7/17/201 J Lands for POtaeartia�.TWeankirururnlpparGr development do f Adaptation action area or lands in more"interior" ior" locations for Uu nsitio nand public facilities&directing development nt Lands within the Coastal ffffngn gianzanrd Area(CII IA) Lands su ject to inundation under the assumption of 3 inches to 7 inches by 2030