A plan to allow building extra housing units in the Keys—that hinges on early evacuations—has hit a snag.
After Hurricane Irma destroyed thousands of homes in the Keys, Florida came up with a new plan for affordable workforce housing. Under current rules, the Keys are limited in how many new homes can be built, based on being able to evacuate everyone within 24 hours.
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The state proposed allowing an extra 1,300 units — as long as the people who lived there left 48 hours before a major hurricane was expected to hit the island chain.
The units were divided up among the cities and unincorporated county.
"These 300 units are really crucial," said Marathon City Manager Chuck Lindsey. "This is huge for our workforce."
Three local residents who challenged those extra units say that the early evacuation rule is unenforceable. Attorney Richard Grosso, an attorney for the plaintiffs, said not only is it unenforceable but hurricanes don't always provide that much advanced notice before intensifying."You hope for the best and you've got to plan for the most likely," he said. "Not even the worst — the most likely."
Instead of looking for ways to build more, challengers of the plan say the state should be helping the Keys protect existing affordable housing and find money to pay for climate change mitigation. Elevating roads and homes, flood-proofing commercial and government buildings, and buying out flood-prone properties is expected to cost billions.
"When you look at all the issues facing the Keys, protecting the existing investments and lives needs to be job one at this point," Grosso said. "That's got to be the priority now instead of approving even more development that you then have to keep dry."
An administrative law judge ruled against the challengers in April. But now the state Department of Economic Opportunity says that the judge didn't address the concerns about enforcement of the 48-hour early evacuation. So the DEO sent the case back to the judge.
The DEO oversees growth management in the Keys because Monroe County is an Area of Critical Concern. Development rules in Keys cities and unincorporated Monroe must be approved by the state.