STATE REVERSEs ITSELF ON PUBLIX PROJECT

State officials have reversed themselves on their denial of proposed Publix grocery store/affordable housing project in Tavernier and have now approved the development proposal.

In February, the Monroe County Commission approved creating the Tavernier Commercial Overlay District (TKCOD) that would allow a 49,000-square-foot supermarket and 86 units of workforce housing on a roughly 20-acre lot off U.S. 1 at Mile Marker 92.5. The commission voted 4-1 in favor of the project, with Commissioner Craig Cates dissenting.

The Florida Department of Commerce, also known as FloridaCommerce, denied the county's approval. But on Thursday the Florida Department of Commerce put a notice in the Florida Administrative Register stating it has reversed its decision and approved the project.

"WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 04-2024 is consistent with the Monroe County Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED," the state agency wrote. "This Order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida."

FloridaCommerce initially ruled that what the Monroe County Commission approved “improperly creates an overlay district to exempt the subject property from the development standards applicable to other properties within Tavernier in a manner that is inconsistent with the Monroe County Comprehensive Plan and fails to maintain the community’s character,” Florida Department of Commerce wrote in its rejection letter.

“The Ordinance is inconsistent with the Principles for Guiding Development as a whole, and specifically fails to comply with the following: (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation; (d) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys; and (g) Protecting the historical heritage of the Florida Keys.”

The developers plan to purchase the property from CEMEX/Singletary company and lease the commercial space to Publix. The developers are a mix of the local Toppino family, a commercial development company called the Blackstone Group and the housing development company Vestcor Companies Inc. The developers are under contract to purchase the property from CEMEX. The purchase is contingent on the Monroe County Commission approving the overlay district and issuing other approvals for the proposal.