Last Stand - "Protecting the Keys"

Don't give developers a free ROGO ride

Last Stand Director and Treasurer Mark Songer has posted the following personal editorial message to today's KeyNother newspaper....

Don't give developers a free ROGO ride EDITOR: I would like to challenge a recommendation that Monroe County Mayor Di Gennaro is reported to have sent to state Department of Community Affairs Secretary Pelham regarding a 300-room hotel proposed for Stock Island. To an ordinary citizen, the purpose of the rate-of-growth ordinance is to regulate development. The fear Mayor Di Gennaro expressed that the developer would acquire 300 ROGO units from affordable housing is not remedied by granting this hotel development new ROGOs for free. If there is a problem where developers purchase permanent housing ROGOs for use in transient lodging, then the solution would seem to be to further regulate the use of permanent housing ROGOs. Granting 300 new ROGOs will only increase the chances that permanent residents will be forced to evacuate Monroe County at the same time as tourists from this hotel when the inevitable short-notice hurricane evacuation order comes. In addition, the purchase of 300 ROGOs for an estimated $4 million is not a hardship to the hotel developers. Let's do the math. Let's assume that instead of a reasonable occupancy expectation of 70 percent that the hotel only achieves 65 percent occupancy because it is offline serving as housing for emergency first responders 5 percent of each year. If the developer wants to recover the ROGO investment over 20 years and has a 10 percent cost of capital, an additional $6.61 per night room rate covers the $4 million investment. This development is proposed to serve owners of super luxury yachts, who can easily afford a less than 2 percent up charge for the room. I am a full-time resident of Key West. I welcome Monroe County's status as an Area of Critical State Concern because I want an impartial government agency making the final decision on granting exceptions to the rules put in place for my safety. I want this oversight continued so that I have a reasonable chance to evacuate from mile marker 1 to the mainland on short notice. I urge Secretary Pelham not to grant free ROGOs to this proposed development. I encourage DCA to continue to exercise oversight so that any exceptions to laws promoting the safety of Monroe County residents are necessary and well justified. Mark E. Songer Key West

Act fast on Solar Energy incentives

Last Stand Director and Keys GLEE Director (among other titles) Jody Smith Williams has posted the following personal editorial message to the local newspapers....

Incentives running out to install solar energy I have some good news and some bad news. The good news is that interest in clean, renewable energy is gaining major ground among businesses and citizens around the country. The bad news is that the federal investment tax credit for renewables expires at the end of 2008, and without something to replace it, the renewable energy industry will suffer an even greater unfair disadvantage compared to the heavily subsidized oil, gas and nuclear industries. Already, renewable energy projects are being put on hold and overseas companies are picking up the slack left by America's inaction. Residents in Florida and other states who wish to get their own little piece of clean energy through solar installations are holding off while they wait to see if the government will commit to a clean energy future. HR6049, the latest version of many bills aimed at extending the tax credit, has passed the House and will be presented to the Senate next week. The last time the bill came up for a vote, it failed to pass by one Senate vote. Florida Sen. Mel Martinez voted against this bill and John McCain did not show up. Either of these senator's yes vote would have made the difference. Please let your senators know how important it is that they vote yes on HR6049. The August congressional recess is fast approaching and election mania will eclipse the attention of many in Congress once they return in September. Visit www.Solar-Nation.org for an easy click-and-send option to send your message. Jody Smith Williams Key West

Last Stand joins the Navy?

In today's paper, the Key West Citizen ran a story with the title:

Home project gets 2nd objection
Last Stand joins Navy in fight against Key Haven development

The title is somewhat misleading, in that Last Stand has not joined forces with the Navy in their "fight" involving the Enchanted Island development proposed for just outside Key Haven (which is on Racoon Key). However Last Stand has objected to the proposal to build there based on the safety concerns that have been issued by the Navy.

Here's an excerpt from the article:

“Our opposition to this project is based on, and is in support of, the concerns raised
by Naval Air Station Key West regarding the air crash potential at this location so close to
the approach pattern to the Naval Air Station airfield,” Dennis Henize, Last Stand
board member, wrote in a letter on Tuesday to the commission that outlined the group’s
objections.

“While aircraft noise, which some may consider just an annoyance, may be mitigated
by soundproofing and notification in property deeds, nothing can absolve the county
of responsibility in the event of a calamitous air crash, given that the United States Navy
is warning you of the crash potential, and that state law requires the county to work
with the military on such planning issues near military bases.”

Henize wrote that approving the project would endanger citizens’ lives and ultimately
endanger the Navy’s continued presence in the Keys.

It should be noted that this letter was not submitted to the press by Last Stand. It's not clear where they got their copy.

Height: Does It Matter?

Last Stand's "Bugle Call", our periodic newsletter (see the last issue: here), will be out later this month.  Here's a preview article from the newsletter to consider, in light of Key West and Monroe County current events......

Height: Does It Matter?

Back in the 70’s there was a real, serious plan to build high rise buildings near the intersection of Kennedy and North Roosevelt.  It caused a huge anti-high rise reaction and some crude regulations were put into place by ordinance.

In the 80’s some really ugly big buildings were built despite the ordinance, some after big fights that fell short.

In 1998 before the entire waterfront was taken, and before the bigger buildings had pushed into the residential neighborhoods too deeply, public anger spilled over and height regulations were codified more clearly (but still with some loopholes) and put into the charter.

Generally in old town Key West the height of a building measured from the crown of the road to the highest point of the roof may be no more than 35 feet.  In the historic residential commercial core districts an additional 5 feet is allowed if the structure has a pitched roof, the design of which is approved by HARC.

The Key West City Charter states that if the Board of Adjustment approves a height variance for habitable building space, this approval shall be submitted to the voters for ratification in the next regularly scheduled election.  Board of adjustment approval shall not become effective until voter ratification.

When is it OK to ignore or grant variances to the height regulations?  When the contractor makes a “mistake” and builds too high?  When a homeowner gives the wrong survey to the city?  When the words “slope” and “pitch” are misused and a loophole is found?  When it is cheaper to buy a taller, pre-built structure rather than a structure that complies with the regulations?

The idea is to keep Key West a small city, with streetscapes that fit a tropical island.  The coconut palm tree line was selected as the highest level so that locals, visitors and tourists could all enjoy life in a people-friendly atmosphere - not the shadowy canyons of a huge urban center.

Last Stand continues to do the nitty-gritty detail work of reviewing applications before the planning board and the Board of Adjustment.  We speak out when a variance would become an ongoing exception to this important law. 

We may choose to spend your dues and contributions to fight egregious variances in order to keep Key West a beautiful place that still attracts people from all over the world and provides a wonderful place to ride bikes, walk safely at night, smell the flowers and slow down a little compared to the mainland.

New development should provide for affordable housing

Tonight Last Stand will provide the following input to the Key West Citty Commission at their regularly scheduled meeting, during discussion of agenda item "o", titled "MAJOR DEVELOPMENT PLAN: 119 – 135 SIMONTON STREET, Approving the Major Development Plan for 119-135 Simonton Street.":

Mayor and Commissioners, The Last Stand Board of Directors urges you to not approve the major development plan for the old Strunk Lumber Yard turned parking lot because: The City is just beginning its process of redefining ROGO and there is a moratorium on the building process, except for affordable housing. It is illogical to consider this as a redevelopment project considering it is a lot where residents have never resided. Although we urge you not to approve this major development plan, if you choose to approve the plan, then we ask that you consider the following. I call your attention to Code of Ordinances, Section 108-198, which reads in part as follows "The city commission may attach to its approval of a development plan any reasonable conditions, limitations or requirements that are found necessary in its judgment, to effectuate the purpose of this article and carry out the spirit and purpose of the comprehensive plan and the land development regulations." I also call your attention to Policy 3-1.1.3 of the Comp Plan housing element which reads in part as follows "…residential projects of ten (10) units or more shall provide affordable units on- or off-site and will not have the option of fees in lieu of construction." Therefore, if you approve this project as a redevelopment, we urge you to use your authority under 108-198 to require the developer to provide affordable housing. In the alternative, if you approve this project as a new development, then we ask that you specifically require the developer to either provide 6 units of affordable housing or contribute $1.2M to the Affordable Housing Trust Fund as required by Section 122-1467 of the Code.

The above was read into the record by Last Stand board member Tom Milone.  See comments below for any follow-up.