A recent decision by FloridaCommerce to approve a county ordinance to help pave the way for developers to build a supermarket and workforce housing in Tavernier has led to an appeal by a group concerned about the large project.
On July 16, the Tavernier Community Association announced it filed an application for an administrative hearing to appeal FloridaCommerce’s June 26 order, which stated the county commission’s approval of a Tavernier Key Commercial Overlay District via 4-1 vote in February was indeed consistent with the Monroe County comprehensive plan and development guidelines within an area of critical state concern. The decision was a flip from a prior order FloridaCommerce handed down on May 16, when it stated the county-approved ordinance was in conflict with the comprehensive plan and development principles.
Specifically, the county ordinance allows developers to build a commercial structure larger than the 10,000-square-foot limit on property located at MM 92.5, oceanside in Tavernier. The decision by county commissioners went against recommendations by county planning staff, which provided a report stating no amendment should be approved “which will result in an adverse community change to the planning area in which the proposed development is located.” The Monroe County Planning Commission voted 3-2 in late April to recommend county commissioners deny the developer’s request for an overlay in order to build a grocery store.
Developers with Blackstone-Group Tavernier 925 LLC are seeking to purchase the 19-acre CEMEX property, which houses a now-defunct concrete production facility. The group plans to build a 47,240-square-foot Publix and 2,100-square-foot liquor store, as well as 86 units of housing for workers who make 70% of their income in Monroe County.
Per the petition, FloridaCommerce’s reversal came with no notice to the public or substantially affected individuals, like residents living adjacent to the property at MM 92.5. The petitioners in the Tavernier Community Association and more than 15 residents are asking the department to quash the amended order of approval and reinstate the original order of rejection. Drawn up by attorney Andy Tobin, the appeal states the petitions and their family members will suffer adverse impacts from the project.
“The proposed development will also materially change the community character of Tavernier and is likely to serve as a precedent to further erode the community character of the Tavernier Planning Area,” the petition states.
Rick Barreto, Taverner Community Association president, said the organization remains confident that justice will prevail.
FloridaCommerce explains reasoning
A change in decision by FloridaCommerce to approve the county’s ordinance for a Tavernier Key Commercial Overlay District on June 26 was a surprise to many who believed the May 16 order of rejection would stand. The state department is required to approve or turn down proposals related to land development regulations, which range from zoning and building to regulations which control development, as adopted by local governments in an area of critical state concern.
FloridaCommerce’s latest order, however, didn’t outline details as to why the department flipped from its original rejection of the overlay district.
Following the recent order, the Keys Weekly reached out to FloridaCommerce to ask what led the department to change its decision on the county ordinance. On July 15, a response was received from Emily Hetherington, FloridaCommerce deputy director of communications and external affairs.
“The merits of the application were never in doubt; rather, our questions were solely matters of law. After receiving additional input from representatives of the county and the proposed development, upon further legal and historical analysis, it was clear that the proposed comprehensive plan change was legally sufficient and based on historical precedent,” she stated. “Furthermore, this regulation does not appear to create a new commercial district but rather an overlay of existing uses.”
Additionally, Hetherington said FloridaCommerce always recognized the proposed comprehensive plan change was based on noble purposes, from beautifying what is currently an unattractive commercial property in order to visually match the character of the surrounding community, to creating jobs and simultaneously increasing the availability of workforce housing.
