Should We Rebuild Florida Golf Courses On Coast?
Rush on to build in hurricane hazard zone
After suffering $30 billion in losses to hurricane damage in two years, Florida's insurance industry is pulling its coverage of the state's most vulnerable areas along the coast.
Yet, a rush to rebuild or develop raw land into Florida golf courses with as many dwelling units as possible is raging on around the state, including in Charlotte and Sarasota counties, even in the very areas devastated by Hurricane Charley in 2004.
The insurance industry is calling for the state to reconsider the sense of putting more structures and people along its most vulnerable area, the shoreline.
But, several local planning officials point out that the government can't take away property owners' rights to develop their property without compensating them for it.
Waterfront real estate is selling for premium prices, and the local and state governments are incapable of competing with the private market for the real estate, said Tom Cookingham, community development director for Charlotte County.
"I think it is a choice," said Cookingham, who resides in Deep Creek, located a safe distance from the coastal area. "Should you be protecting people from themselves? What should you be doing and how much can you do?"
Instead of prohibiting coastal development, both Punta Gorda and Charlotte County have adopted building and zoning codes that officials hope will result in a reasonable level of protection.
The rush is on
In the city of Punta Gorda, which took a direct hit from Hurricane Charley, Stock Development is building a 400-unit high-rise condominium project called Avante. The condominiums overlook Charlotte Harbor from the same point hit by Hurricane Charley in August 2004.
East along the Peace River, Core Construction is building the Peace Harbor Condominiums, a multi-story 40-unit complex located across Marion Avenue from the Charlotte Regional Medical Center, which recorded a wind speed of more than 170 mph during Hurricane Charley.
And in the downtown area, a hotel, an events center and the Merchants Crossing commercial complex are planned on waterfront sites where similar structures were destroyed by the hurricane.
Should the city rethink putting such high-density developments back in such a high hazard zone?
"That's a question that does get bantered around a lot on a daily basis, and there's not always a good answer," said David Hennis, community development director for the city. "Bad things can happen, but there are personal and property rights that exist that prohibit preventing someone from using their property, unless you take the property through condemnation."
Hennis also cited the fact that new construction must meet current building codes. However, a substantial amount of repair work is proceeding under older codes for a number of homes in the city's historic district.
"We do have flood rules and building (regulations) in place," Hennis said. "In every case, will these buildings survive in the future? Probably not."
All pay the cost
All Floridians are subsidizing the cost of insuring those residents who live in high-risk coastal areas, including many with million-dollar properties.
That's because the state's major insurance carriers have pulled out of covering homes and businesses within most of the coastal hazard zones.
In the Miami-Dade and Broward county areas, the insurance companies are slated to no longer cover structures east of Interstate 95, said Gary Landry, spokesman for the Florida Insurance Council.
In Southwest Florida, the insurers have pulled out of providing wind-damage coverage within 1,000 feet of all coastal waters, he said.
The pullout places more high-end real estate in high-risk zones in the hands of the state's insurer of last resort, the state-run Citizens Property Insurance Corporation.
Citizens, which must charge higher premiums than any private provider, sustained deficits of $515 million in 2004 and $1.3 billion in 2005. All Florida property owners will be expected to cover these shortfalls with surcharges on their insurance premiums of up to 20 percent, according to a report by the FIC.
Property owners can resort to Citizens only if no other insurance company will provide coverage. Citizens currently covers 810,000 properties, more than all other insurers-of-last-resort in the United States.
"When we're going to build in these areas, there are risks associated with it," Landry said. "The trend is to build along the coast, along the most vulnerable areas of the state. I think we need to rethink that.
"The stronger codes help, but if you're on the water, it's not a question of if, but when, you're going to get hit."
The FIC is lobbying the Legislature this spring to "control" the growth in high-risk coastal areas. Proposals include making properties valued at more than $1 million ineligible for Citizens' coverage.
The group also is prodding lawmakers to strengthen building codes, including mandating that even older homes be "hardened" against hurricanes.
Such measures could prove costly, but, "those are the tough decisions" lawmakers need to make, Landry said.
Unprecedented losses
The rush to build on the coast is coming after a 15-month period in which Florida got hit by eight hurricanes and four tropical storms.
In 2004, the hurricanes included Charley, Frances, Ivan and Jeanne. In 2005, the names were Dennis, Katrina, Rita and Wilma.
The storms resulted in 2.8 million claims totaling at least $30.2 million, according to the FIC.
Coastal areas are more vulnerable because the open water provides nothing to deflect the wind before it blasts into structures.
Also, a storm surge hits the coastal areas with some velocity, making it more destructive than inland flooding, which slowly creeps up, according to building code officials.
Local approaches
Both the county and city have adopted stronger building codes and policies to address the hurricane hazard. Much of the codes are based on state laws adopted after Hurricane Andrew devastated southern Miami-Dade County in 1992.
Charlotte County has begun using a cap on the total density of the county to limit boosts in density along the coastline. However, the effectiveness of the growth management tool is debatable.
The original intent of the cap was to compel developers to concentrate projects in areas close to county services, instead of remote subdivisions platted decades ago.
The county's comprehensive plan also limited the density in the so-called "Category 1 Hurricane Vulnerability Zone" to no more than 3.5 units per acre. That's the zone that would flood in a minimal hurricane or even a tropical storm.
The county adopted a Transfer of Development Units ordinance in 2005, however, to allow developers to transfer development units into coastal areas by agreeing not to develop properties in other areas within the same flood zone.
The code was drafted to allow one particularly low-lying coastal area, Charlotte Harbor, to boost its densities to spur economic development, recalled Tom Cookingham, county community development director.
Now that the TDU ordinance is a year old, a group of land-use attorneys has begun lobbying to expand the zones from which development rights can be transferred.
The TDU ordinance has not stopped a rush to develop high-hazard areas on Manasota Key and Lemon Bay, said Inga Williams, county comprehensive plan specialist.
She cited the Wildflower Golf Course near Lemon Bay as one recent example. A developer has purchased enough development rights from within the same flood zone to propose building some 400 units on the 80-acre tract.
Such proposals are garnering more scrutiny by the Florida Department of Community Affairs, however.
"The DCA is still very, very concerned, even though they are transferring density from like to like," she said.
The Florida Department of Environmental Protection also questioned the wisdom of the county's recent decision to allow some 6,000 luxury home sites, high-rise condominiums and shopping plazas along Burnt Store Road.
Blasting Burnt Store
In a July letter criticizing the plan, Cohen wrote, "The Burnt Store area is a designated FEMA Flood Zone (and) is a coastal high-hazard area."
Cohen also emphasized the importance of preserving the natural environment of the Burnt Store area, which is surrounded by the Charlotte Harbor State Buffer Preserve and the Charlotte Harbor Aquatic Preserve.
She called for the county to re-examine its plan and "incorporate lessons learned from the viability of built and natural systems as a result of Hurricane Charley."
To resolve the DEP's hurricane concerns, Dan Delisi, a planning specialist for the Bonita Bay development group, demonstrated that evacuation times would be adequate from the Burnt Store area once certain roads linking the developments with Interstate 75 get completed.
In response to Cohen's call for the natural landscape to be preserved, Cookingham pointed out the parcels are privately owned.
"There's been an opportunity for the state to buy it for years, and the state has never done it," he said.
A test of time
To comply with state building codes, structures in the high-hazard coastal areas must be hardened to withstand wind loads up to 130 mph.
Also, structures must be able to withstand a tidal storm surge. Not only must the first habitable floor be built above the base flood elevation, but also the underground foundation must withstand the scouring effect of erosion.
Jim Evitt, county chief building official, said he believes the codes are adequate -- to protect the buildings.
Evitt theorized that Charlotte County has less chance of getting inundated with a catastrophic storm surge than other coastal areas because of the county's location on the peninsula. That's based on the most common track of a hurricane from the Florida Straits northward.
However, Evitt said he's seen evidence of a rush to build on the coast. He's also seen an increase in the number of requests to build taller buildings.
While the structures may withstand a hurricane, their windows may blow out, he said.
"The buildings are going to be safe," Evitt said. "It's the people that are not safe. The only chance we have is to evacuate."
Evacuations are expected to take twice as long from Cape Haze compared to Punta Gorda, according to Wayne Sallade, county emergency management director. That's why Sallade opposes any boost in density along the coast, particularly in the western part of the county.
"I don't think we can stop building on the water -- because people want to live on the coast," said Dave Sabo, project manager for Core Construction, which is building the 42-unit Peace Harbor Condominiums.
Impact-resistant glass is being installed on the buildings to make their inhabitants safer, he said.
"As long as people are building with those types of codes, those buildings will be OK," Sabo said. "Of course with a Category 5 hurricane, with 180 mph, will the building withstand that?
"Maybe," he added. "Maybe not."
After suffering $30 billion in losses to hurricane damage in two years, Florida's insurance industry is pulling its coverage of the state's most vulnerable areas along the coast.
Yet, a rush to rebuild or develop raw land into Florida golf courses with as many dwelling units as possible is raging on around the state, including in Charlotte and Sarasota counties, even in the very areas devastated by Hurricane Charley in 2004.
The insurance industry is calling for the state to reconsider the sense of putting more structures and people along its most vulnerable area, the shoreline.
But, several local planning officials point out that the government can't take away property owners' rights to develop their property without compensating them for it.
Waterfront real estate is selling for premium prices, and the local and state governments are incapable of competing with the private market for the real estate, said Tom Cookingham, community development director for Charlotte County.
"I think it is a choice," said Cookingham, who resides in Deep Creek, located a safe distance from the coastal area. "Should you be protecting people from themselves? What should you be doing and how much can you do?"
Instead of prohibiting coastal development, both Punta Gorda and Charlotte County have adopted building and zoning codes that officials hope will result in a reasonable level of protection.
The rush is on
In the city of Punta Gorda, which took a direct hit from Hurricane Charley, Stock Development is building a 400-unit high-rise condominium project called Avante. The condominiums overlook Charlotte Harbor from the same point hit by Hurricane Charley in August 2004.
East along the Peace River, Core Construction is building the Peace Harbor Condominiums, a multi-story 40-unit complex located across Marion Avenue from the Charlotte Regional Medical Center, which recorded a wind speed of more than 170 mph during Hurricane Charley.
And in the downtown area, a hotel, an events center and the Merchants Crossing commercial complex are planned on waterfront sites where similar structures were destroyed by the hurricane.
Should the city rethink putting such high-density developments back in such a high hazard zone?
"That's a question that does get bantered around a lot on a daily basis, and there's not always a good answer," said David Hennis, community development director for the city. "Bad things can happen, but there are personal and property rights that exist that prohibit preventing someone from using their property, unless you take the property through condemnation."
Hennis also cited the fact that new construction must meet current building codes. However, a substantial amount of repair work is proceeding under older codes for a number of homes in the city's historic district.
"We do have flood rules and building (regulations) in place," Hennis said. "In every case, will these buildings survive in the future? Probably not."
All pay the cost
All Floridians are subsidizing the cost of insuring those residents who live in high-risk coastal areas, including many with million-dollar properties.
That's because the state's major insurance carriers have pulled out of covering homes and businesses within most of the coastal hazard zones.
In the Miami-Dade and Broward county areas, the insurance companies are slated to no longer cover structures east of Interstate 95, said Gary Landry, spokesman for the Florida Insurance Council.
In Southwest Florida, the insurers have pulled out of providing wind-damage coverage within 1,000 feet of all coastal waters, he said.
The pullout places more high-end real estate in high-risk zones in the hands of the state's insurer of last resort, the state-run Citizens Property Insurance Corporation.
Citizens, which must charge higher premiums than any private provider, sustained deficits of $515 million in 2004 and $1.3 billion in 2005. All Florida property owners will be expected to cover these shortfalls with surcharges on their insurance premiums of up to 20 percent, according to a report by the FIC.
Property owners can resort to Citizens only if no other insurance company will provide coverage. Citizens currently covers 810,000 properties, more than all other insurers-of-last-resort in the United States.
"When we're going to build in these areas, there are risks associated with it," Landry said. "The trend is to build along the coast, along the most vulnerable areas of the state. I think we need to rethink that.
"The stronger codes help, but if you're on the water, it's not a question of if, but when, you're going to get hit."
The FIC is lobbying the Legislature this spring to "control" the growth in high-risk coastal areas. Proposals include making properties valued at more than $1 million ineligible for Citizens' coverage.
The group also is prodding lawmakers to strengthen building codes, including mandating that even older homes be "hardened" against hurricanes.
Such measures could prove costly, but, "those are the tough decisions" lawmakers need to make, Landry said.
Unprecedented losses
The rush to build on the coast is coming after a 15-month period in which Florida got hit by eight hurricanes and four tropical storms.
In 2004, the hurricanes included Charley, Frances, Ivan and Jeanne. In 2005, the names were Dennis, Katrina, Rita and Wilma.
The storms resulted in 2.8 million claims totaling at least $30.2 million, according to the FIC.
Coastal areas are more vulnerable because the open water provides nothing to deflect the wind before it blasts into structures.
Also, a storm surge hits the coastal areas with some velocity, making it more destructive than inland flooding, which slowly creeps up, according to building code officials.
Local approaches
Both the county and city have adopted stronger building codes and policies to address the hurricane hazard. Much of the codes are based on state laws adopted after Hurricane Andrew devastated southern Miami-Dade County in 1992.
Charlotte County has begun using a cap on the total density of the county to limit boosts in density along the coastline. However, the effectiveness of the growth management tool is debatable.
The original intent of the cap was to compel developers to concentrate projects in areas close to county services, instead of remote subdivisions platted decades ago.
The county's comprehensive plan also limited the density in the so-called "Category 1 Hurricane Vulnerability Zone" to no more than 3.5 units per acre. That's the zone that would flood in a minimal hurricane or even a tropical storm.
The county adopted a Transfer of Development Units ordinance in 2005, however, to allow developers to transfer development units into coastal areas by agreeing not to develop properties in other areas within the same flood zone.
The code was drafted to allow one particularly low-lying coastal area, Charlotte Harbor, to boost its densities to spur economic development, recalled Tom Cookingham, county community development director.
Now that the TDU ordinance is a year old, a group of land-use attorneys has begun lobbying to expand the zones from which development rights can be transferred.
The TDU ordinance has not stopped a rush to develop high-hazard areas on Manasota Key and Lemon Bay, said Inga Williams, county comprehensive plan specialist.
She cited the Wildflower Golf Course near Lemon Bay as one recent example. A developer has purchased enough development rights from within the same flood zone to propose building some 400 units on the 80-acre tract.
Such proposals are garnering more scrutiny by the Florida Department of Community Affairs, however.
"The DCA is still very, very concerned, even though they are transferring density from like to like," she said.
The Florida Department of Environmental Protection also questioned the wisdom of the county's recent decision to allow some 6,000 luxury home sites, high-rise condominiums and shopping plazas along Burnt Store Road.
Blasting Burnt Store
In a July letter criticizing the plan, Cohen wrote, "The Burnt Store area is a designated FEMA Flood Zone (and) is a coastal high-hazard area."
Cohen also emphasized the importance of preserving the natural environment of the Burnt Store area, which is surrounded by the Charlotte Harbor State Buffer Preserve and the Charlotte Harbor Aquatic Preserve.
She called for the county to re-examine its plan and "incorporate lessons learned from the viability of built and natural systems as a result of Hurricane Charley."
To resolve the DEP's hurricane concerns, Dan Delisi, a planning specialist for the Bonita Bay development group, demonstrated that evacuation times would be adequate from the Burnt Store area once certain roads linking the developments with Interstate 75 get completed.
In response to Cohen's call for the natural landscape to be preserved, Cookingham pointed out the parcels are privately owned.
"There's been an opportunity for the state to buy it for years, and the state has never done it," he said.
A test of time
To comply with state building codes, structures in the high-hazard coastal areas must be hardened to withstand wind loads up to 130 mph.
Also, structures must be able to withstand a tidal storm surge. Not only must the first habitable floor be built above the base flood elevation, but also the underground foundation must withstand the scouring effect of erosion.
Jim Evitt, county chief building official, said he believes the codes are adequate -- to protect the buildings.
Evitt theorized that Charlotte County has less chance of getting inundated with a catastrophic storm surge than other coastal areas because of the county's location on the peninsula. That's based on the most common track of a hurricane from the Florida Straits northward.
However, Evitt said he's seen evidence of a rush to build on the coast. He's also seen an increase in the number of requests to build taller buildings.
While the structures may withstand a hurricane, their windows may blow out, he said.
"The buildings are going to be safe," Evitt said. "It's the people that are not safe. The only chance we have is to evacuate."
Evacuations are expected to take twice as long from Cape Haze compared to Punta Gorda, according to Wayne Sallade, county emergency management director. That's why Sallade opposes any boost in density along the coast, particularly in the western part of the county.
"I don't think we can stop building on the water -- because people want to live on the coast," said Dave Sabo, project manager for Core Construction, which is building the 42-unit Peace Harbor Condominiums.
Impact-resistant glass is being installed on the buildings to make their inhabitants safer, he said.
"As long as people are building with those types of codes, those buildings will be OK," Sabo said. "Of course with a Category 5 hurricane, with 180 mph, will the building withstand that?
"Maybe," he added. "Maybe not."
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