COUNTY COMMISSION APPROVES SEVERAL MEASURES FOR TAVERNIER PUBLIX PROJECT

an aerial view of a group of buildings
Developers are working alongside Vestor Companies to construct workforce housing complexes behind the proposed Publix in Tavernier. VESTCOR/Contributed

More hurdles were cleared by Monroe County commissioners for a supermarket and workforce housing project in Tavernier.

Meanwhile, a group continues to seek an appeal to the state against Blackstone Group Tavernier’s project to build a 49,000-square foot Publix and 86 units of workforce housing. A lack of funds, however, could jeopardize the effort. 

Several resolutions were approved by commissioners during a Dec. 11 meeting in Key Largo. Specifically, commissioners unanimously supported the reservation of 86 early evacuation permits in order for developers to construct workforce housing behind the proposed Publix at the former concrete property at MM 92.5, oceanside, in Tavernier. 

During a Sept. 11 meeting in Key Largo, commissioners agreed to dole out the allocations, which were given to the county by then-Gov. Rick Scott following Hurricane Irma — the category 4 storm that decimated mobile homes and other residences in the Keys in 2017. The 300 units given to the county by the state were specifically designed for multifamily complexes, like the one Blackstone Group Tavernier proposes, with more than one unit on the property. 

Commissioners also agreed with the developers’ request to obtain the 86 units without complying with the county’s “1-1 exchange” program. Approved by commissioners in 2021, the program gave developers the ability to swap affordable allocations they already received for early evacuation units. The county saw it as a way to grow their affordable housing allocations to deal with future potential takings claims. No developer ever participated in the program, per county officials. 

Developers are applying for the Florida Housing Finance Corporation’s low-income housing tax credit in order to build the 86 units. A development agreement with the county would need to include a distribution of income categories, from low to moderate, for the units. Those who occupy the units are required to make 70% of their income in Monroe County. Developers are working with the Jacksonville-based Vestor Companies on the workforce housing side of the project. 

Tenants living in the units would have to evacuate within 48 hours of a storm. Essential personnel, such as first responders, who may occupy units wouldn’t be forced to evacuate. Per county requirements, the workforce housing complex must have an onsite manager trained in evacuation to ensure everyone leaves in a timely manner.

Via 4-1 vote, county commissioners also approved a resolution changing the county’s land use district map to apply the Tavernier Commercial Overlay District to property at MM 92.5 in Tavernier. Commissioner Craig Cates was the lone “no.” vote. A fourth-fifths vote was needed for the measure to pass since 20% of residents located near the project objected.

The district essentially allows developers to construct a nonresidential structure beyond 10,000 square feet for the Publix supermarket and liquor store. Commissioners initially approved the request for a text change to the Monroe County Land Development Code during a meeting last February. 

an aerial view of a city with lots of traffic
Developers are seeking to build a Publix supermarket and 86 units of workforce property at MM 92.5 in Tavernier. DAVID GROSS/Keys Weekly File Photo

FloridaCommerce originally shot down the county ordinance but later approved it. The Tavernier Community Association (TCA) has since filed appeals to FloridaCommerce’s reversal to approve the county ordinance. TCA’s latest appeal of the overlay district came in October.

Richard Barreto, president of the TCA, has said he’s skeptical of the state’s actions and believes the state abrogated its responsibility to oversee Monroe County as an area of critical state concern.

In May of this year, after spending 60 days researching the ordinance, FloridaCommerce issued a final order rejecting the ordinance for multiple reasons. The action followed similar findings by Monroe County’s Development Review Committee, the Planning Commission and Planning Department.

In June, FloridaCommerce issued an amended final order and reversed its initial rejection to approval. By amending the order, Barreto said, the state shifted the burden of appeal as well as the costs associated with such an appeal from the developer to the Tavernier community. 

In a recent letter, Barreto said the group began a fundraising campaign for costs associated with an appeal. Barreto said they “fell short and may necessarily have to abandon that effort.”

“While part of our decision is driven by finances, part of it is the fact that the appeal is the very agency that reversed themselves and supported the ordinance,” Barreto stated in the letter. “The State’s reversal of their original final order was a huge setback for our efforts and has severely complicated our work.”

Barreto added the TCA is working on another strategy. 

Developers must also obtain a major conditional use approval to proceed with the project. That matter is taken up by the Monroe County Planning Commission. As required for a major conditional use permit, the developers are scheduled to hold a community meeting, which is set for Thursday, Dec. 19 at 5:05 p.m. via Zoom.

Jim McCarthy
Jim McCarthy is one of the many who escaped the snow and frigid temperatures in Western New York. A former crime & court reporter and city editor for two Western New York newspapers, Jim has been honing his craft since he graduated from St. Bonaventure University in 2014. In his 5-plus years in the Keys, Jim has enjoyed connecting with the community. Jim is past president of the Key Largo Sunset Rotary Club. When he's not working, he's busy chasing his son, Lucas, around the house and enjoying time with family.