A state department backtracked from its initial rejection of a county-approved ordinance to put a supermarket and workforce housing project back in motion in Tavernier.
On June 26, FloridaCommerce announced a commercial overlay district for property at MM 92.5, as approved by commissioners 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 is a flip from a prior order FloridaCommerce handed down on May 16, when it stated the proposal was in conflict with the comprehensive plan and development principles.
“The department’s initial order on May 16, 2024 is hereby superseded and replaced by this final order,” FloridaCommerce wrote on June 26.
FloridaCommerce 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. The order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is timely filed for an appeal. Then, an administrative judge would rule on the matter.
Keys Weekly reached out to FloridaCommerce regarding the latest decision. No official response was received as of press time.
FloridaCommerce’s latest decision paves the way for a plan by Blackstone Group-Tavernier 925 LLC to construct a 47,240-square-foot Publix and 2,100 square-foot liquor store on property once used for concrete production. County land development code didn’t allow a commercial structure beyond a 10,000-square-foot limit, which brought the developer group to propose a Tavernier Key Commercial Overlay District. Commissioners voted 4-1 with Craig Cates dissenting on the proposal.
“This is a good project in the wrong place,” Cates said at the time.
Emily Schemper, county senior director of planning and environmental resources, told Keys Weekly on June 28 that she didn’t receive any additional information from FloridaCommerce on the latest order of approval. County planning staff recommended denial of the overlay district due to its inconsistency with the goals and objectives of the Tavernier Livable CommuniKeys Plan, which guides development in the area from the north side of Tavernier Creek Bridge 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 overlay proposal stated 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.
Property at MM 92.5 is currently owned by Singletary Concrete Products and CEMEX Construction Materials Florida LLC. Developers with Blackstone Group, which includes the Toppino family and Midwest developer Joe Hurwitz, are gearing up to close on the property. But the sale hinged on approvals from county commissioners and the state. Developers will also need to secure a major conditional use approval from the Monroe County Planning Commission.
Bart Smith, attorney on behalf of the Blackstone Group, told planning board members in April that concessions were made to limit the 20-acre property, which had the potential for 152,000 square feet of nonresidential development. Initially, developers were seeking to construct a 64,000-square-foot Publix and liquor store. Since then, its size decreased to a little more than 49,000 square feet.
Rick Barreto, Tavernier Community Association president, informed fellow members of FloridaCommerce’s June 26 decision. The TCA has relayed its opposition to the project proposal due to its inconsistency with the Tavernier Liveable CommuniKeys Plan and fears of overdevelopment in a quaint, historic community.
“It is incredible that this department took two-and-a-half months of research and review to arrive at their original decision, which we all believe was the right decision and which is in line with our own planning department, as well as every other review board that has looked at this,” Barreto wrote.
Barreto said the TCA received no notice of the decision and wasn’t given an opportunity to argue or present its thoughts on the issue. Barreto said the TCA plans to file an appeal of FloridaCommerce’s recent decision.
“I can tell you how disappointed we all are in this decision. Our resolve remains strong,” he said.
Monroe County Mayor Holly Raschein said the county and commissioners played no part in FloridaCommerce’s decision change.
“We had nothing to do with it,” she said.
In addition to the supermarket and liquor store, developers are also planning to construct 86 workforce housing units on the property in collaboration with the Jacksonville-based firm Vestcor. The project would bring 58 two-bed, two-bath, 16 three-bed, two-bath and 12 one-bed, one-bath units to Tavernier.
Before construction begins on the store, developers must receive a temporary certificate of occupancy for half the units, while the other half must be approved for foundation inspection. That stipulation is expected to come per a development agreement between the county and developers.
