With hurricane season upon us once again, the question looms large of how Key West would rebuild if a powerful storm caused major damage. Would we rebuild wisely, correcting the mistakes and blatant violations of the past? Or would we build back to the same slack standards now plaguing our community— or something even worse?
Unfortunately, the Buildback Ordinance that will soon be before the City Commission for a final reading definitely favors the second possibility. The ordinance deals with the issue of buildback, the replacement of homes and buildings after a storm, fire, other natural disaster, or deliberate destruction during renovation.
If you hadn't read the sections of the old Land Development Regulations (LDRs) that are being replaced as part of the Buildback Ordinance, nothing would seem amiss. But there are big problems with the new measure. The key one is a radical change in the goals of buildback. The old LDRs were designed to correct the problems of the past, phasing out nonconforming commercial uses (except for historic buildings) as structures were demolished.
The new ordinance, on the other hand, is aimed at encouraging continued nonconforming uses, such as violations of height and density standards, lot coverage limits, and setback requirements, including shoreline setbacks.
Under the old LDRs, commercial buildings that suffered damage equal to 50% or more of their appraised values could not be rebuilt without conforming to current standards. But under the new rules, the threshold would be boosted to 66% of a building's value, allowing any virtually-destroyed nonconforming structure to be completely rebuilt.
Furthermore, the measure would allow any commercial building owner to renovate a structure, at anytime and at up to 66% its value, without having to obtain a variance.
Another problem is the unresolved question of what would happen to hotels suffering greater than 66% damage and unable to be built back because they violate current standards. Where could their leftover transient units go?
Could they be used for new construction? Could they be used to grandfather in unlicensed guest house "phantom" units? Could they be transferred to Stock Island, should Key West manage to achieve its hostile takeover? Your guess is as good as mine.
Perhaps the most disturbing of the changes being proposed involves the weakening of review procedures governing the buildback process. Under the guise of "ways to cut bureaucracy", the city planner is proposing that the City Commission be removed from the loop on "small" and "moderate" variance decisions.
Moderate changes would be decided by a "hearing officer," while small variances would be granted by city staff — the same staff that has been blamed by the City Commission, rightly or wrongly, for everything from losing city records to allowing the infamous Big Steel Building to be built.
While it is questionable whether the change would actually reduce red tape, it is certain to reduce the public's ability to review and comment on proposed variances. Rather than being aired at a City Commission meeting, these decisions would be made in obscurity. And who would define what constitutes a "minor" or "moderate" variance?
This move by city government is part of an ongoing trend of transferring responsibility for major decisions from the elected City Commission to the city manager and other unelected city staff.
Citizens deserve to be involved in the process of evaluating revisions to city procedures and changes to our Land Development Regulations and Future Land Use Map. Nothing else has such an intense impact on our daily lives as members of a community and as individuals, now and well into the future.
All City meetings need to be televised with the full agenda packet available on-line. We want more and easier access to information and more involvement in the civic process, not less.