Florida’s key is ready to see gusts of winds from new developments despite warnings that island chains are already overcrowded with worse traffic and increased flood risk.
Senate Bill 180, which focuses primarily on hurricane recovery and emergency response, will allow up to 900 new developments in Florida Keys over the next decade, pushing up to 24 to 24.5 hours 30 minutes ahead, through slight changes to the mandatory evacuation windows in Monroe County.
Small tweaks can have great results for the key. Key is the only growing player in Florida.
Longtime activist Ed Davidson, chair of the Environmental Group, the Florida Keys Citizens Coalition, spoke out at county and state meetings on additional developments of what he considers as an already over-built community.
“We have passed environmental capacity for a long time,” he said. “But every time we all reach the limits we agree to, we simply issue more development units.”
The bill sailed through Congress and passed almost unanimously earlier this year, and could become law with the Governor’s pen stroke by default within July 1st. Monroe officials also downplayed the impact.
“They have to be distributed for at least 10 years. I don’t call it a boom,” said Emily Shemper, the county’s director of growth management.
Limitations imposed in the 1970s
In the 1970s, the state placed restrictions on future development of keys, mainly based on a single road where residents had to evacuate from the numerous hurricanes surrounding the island chain. Development permits, also known as the Growth Ordinance or ROGO, were officially set to be exhausted in 2023, capping key development.
But that year, a state survey found that there were still 9,000 vacant lots waiting for potential development, and residents and local politicians began screaming for the right to continue building on the key.
“It was supposed to be a build-out for Florida keys. That’s it. We’re full. And yet, when we get there, they’re asking for the same number again,” Davidson said.
Last year, the Monroe County Commission agreed that if a hurricane goes from 24 hours to a maximum of 26 hours, it would be okay to increase evacuation windows to attract all permanent residents rather than tourists, not outside the county.
Previous versions of the SB 180 called for the evacuation window to be expanded to 26 hours, allowing up to 3,600 new developments over the next 40 years, but the final version settled at up to 900 in 10 years by expanding the window to 24.5 hours.
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Still, even a little longer evacuation window is worried as more hurricanes begin to intensify rapidly or get reinforced very quickly over a short period of time. According to NOAA, Category 5 hurricanes that have so far been hit by the US were three days ago before the tropical storm.
If signed, the 24.5 hour evacuation window in the key will only be performed for permanent residents only. Tourists are due to leave one day in advance.
“There may not be an extra day. If it’s been strengthened rapidly, it may not be 48 hours,” Davidson said.
Corey Schwisow, Monroe’s emergency manager, said the proposed update would not affect how Monroe County plans and implements evacuation.
“The Director of Emergency Management looks at each storm differently based on truck size, speed and confidence levels and works closely with the National Weather Service,” he wrote in a statement. “Each storm is seen in a unique way, giving residents and visitors as much time as possible to evacuate safely.”
Continue development
If passed, the bill could resume development in some key cities and continue to flow permits in other cities.
Some municipalities, like the marathon, are refreshing from new development permits, but the county is still working through its supply. Schemper, Monroe’s director of growth management, said it should be completely taken away by 2026.
The bill allows another 900, which should spread over a decade, and she estimates it will take at least a year before the state and county decide how to start giving it to developers.
“The county can continue to provide permits, but it’s less than we’ve given, so maybe we’ll be slower than we’ve given,” she said.
The bill leaves behind some unresolved questions that still need to be addressed before distributing permits. For example, the bill specifies that these new developments will become detached houses. But it also says that owners will occupy and affordable, labor-powered homes prioritize building permits. Affordable and labor-powered housing is often multi-family to save on building costs.
The biggest concern appears to be in traffic, which could already slow down on highways overseas. A county power of attorney study found that an estimated 1,000 development lots meant that Monroe encountered traffic problems at the top key, resulting in slightly fewer school buses than necessary, and that the fire department might need to be strengthened.
Currently, this study shows that Monroe has too many drivers that are unable to keep the traffic moving smoothly in the top matecambe and windries. With an additional 1,000 developments, low Matecumbes also face traffic stress.
The needs of water, wastewater, electricity and waste can still be met by all these extra residents, the study found.
However, not everyone agrees with the findings. Islamorada committee member Steve Friedman called the concept of adding this new development “slip-dic”.
“No one of the residents living here really wants this unless you own the property. No one wants any more development,” he said. “When will it stop? It was supposed to be stopped in 2023. We’ll have to draw a line into the sand somewhere.”
The county’s survey also did not mention sea level rise. Sea level rise has already periodically overwhelmed several spots within the key, pushing up costs for drainage correction. Seven road elevation projects are underway in Monroe County. $300 million invoices are stepping in, primarily through federal and state grants.
The key alone will leave $4.7 billion in roads in the coming decades.
The threat of lawsuits is looming
Apart from straining environmental and government resources, the biggest driving force behind allowing new development of keys appears to be the threat of litigation from property owners who have no opportunity to build it.
The fear is that the developers have an empty lot at the end of the Rogo Musical Chairs game and are unable to build it, which is to assert the full value of the potential property, that is, the sum of millions of dollars.
Monroe’s official stance appears to be able to avoid litigation as long as he has development permission. Therefore, the bill could help stem the potential flooding of lawsuits.
“In addition to kicking the can, additional strategies will give you time to counter it,” Monroe suggested that the next decade could be used to close out more money to buy vacant lots and halt development.
Monroe has just finished his final papers on the acquisition of the property from Hurricane Irma. These homes are currently empty and are not counted in the official tally of undeveloped property.
However, environmentalists like Davidson suspect that landowners actually have many legal cases. And if the judge decides they are standing, Davidson wants the government to simply ponny up cash rather than allow new developments.
“Unless you own the property before a serious concern is specified, you are a general notice that we will run out of permits with Florida keys and you may not be able to obtain a building permit,” he said.
“It’s much cheaper to pay everyone $1 million for an empty lot than to say ‘yes’ and pay all that expansion, rather than ruining Florida’s keys. โ