A proposal that would allow up to 70,000 square feet of nonresidential development for property in Tavernier — ultimately paving the way for a 64,000-square-foot supermarket and liquor store and some 86 workforce housing units — was recommended for denial by the Monroe County Planning Commission at a special April 28 meeting.
The five-person board makes recommendations to the board of county commissioners (BOCC) as it relates to land development code changes. Roughly two-and-a-half hours of presentations, comments and rebuttals inside the Murray Nelson Government Center in Key Largo led the planning commission to a 3-2 vote to deny the request that came from the applicants represented by Smith/Hawks PL.
Now, the BOCC will take that recommendation and mull whether the amendment should be approved.
Planning commission member Rosemary Thomas made the motion, which was supported by Ron Demes, vice chair, and Joe Scarpelli, chairman. Planning commission members George Neugent and David Ritz were against the motion. Denial of the request by the planning commission came after county staff recommended denial of the proposal, noting that it was inconsistent with the community character and could adversely change the historic Tavernier community.
Current county land development code permits up to 10,000 square feet of nonresidential floor per structure for property located at MM 92 in Tavernier. Developers are seeking to change that to create a Tavernier Key Overlay District to develop what would be the largest Publix in the Upper Keys and housing for the workforce. Bart Smith, who represented the developers, told the planning commission that the property’s suburban commercial zoning already allows for such uses as commercial retail, offices and restaurants.
Smith also acknowledged that concessions made by the applicant would limit the 20-acre, 600,000 square-foot property, which has potential for 152,000 square feet of nonresidential development and 216 workforce housing units, to 64,000 square feet for a Publix supermarket and liquor store and 86 workforce housing units.
“They (the developers) are dedicated to building those units,” Smith said, adding that they would look to get some workforce housing units through an agreement with Islamorada.
Richard Barreto, Tavernier resident and member of the Tavernier Community Association, said many public comments were gathered and heard at previous community meetings and a county Development Review Committee. He said only one individual supported the commercial aspect of the development.
“That’s telling,” Barreto said. “This applicant will have you believe it will bring service to a limited area. They were telling us, ‘You really need this.’ People who live and work here have a different tune.”
Monroe County Sheriff’s Capt. Spenser Bryan told the planning commission that the sheriff’s office supports the affordable housing aspect of the project. In his comments, Bryan said they’re having issues keeping deputies as it’s too expensive to live in the Keys.
“We can’t staff one jail in the Middle Keys,” he said. “Most personnel have to live in Homestead and Miami-Dade.”
Attorney Andy Tobin told the planning commission that the Publix being an “economic engine” isn’t a factor in the decision to create a new zoning category.
“We’re talking about a 700% increase in floor area ratio in development,” he said.
Devin Tolpin, county planner, noted that the proposal is inconsistent with the Tavernier Liveable CommuniKeys Plan, which spans from Tavernier Creek to MM 97. The plan prohibits designation of new commercial land use districts beyond that contained in the master plan in order to protect the existing availability of the U.S. 1 corridor area and community center. A county staff report on the proposal states that no amendment shall be approved “which will result in an adverse community change to the planning area in which the proposed development is located.”
Per the applicant, assertions made by the county staff are unfounded and unsubstantiated since suburban mainland commercial areas permit and promote the development of supermarkets. Moreover, the county’s assertions that the size of the commercial structure is contrary to community character is an arbitrarily created standard that appears to be solely based on public comments.
Ritz said he’d like to see the developers construct the workforce housing component before the supermarket. He went on to acknowledge that building affordable housing needs “an economic engine to work.”
Scarpelli, planning commission chairman, said the ask is “too large” right now. But he did acknowledge that the code is too restrictive.
