State officials have reversed their denial of a proposed Publix grocery store/affordable housing project in Tavernier and have 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, had denied the county’s approval. But on Thursday, June 27, the Florida Department of Commerce put a notice in the Florida Administrative Register stating it reversed its decision and approved the Overlay District.
“The Ordinance is consistent with the Principles for Guiding Development as a whole,” the state agency wrote. “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. 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 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 county and state officials approving it.
The developers’ attorney Barton Smith called the state’s reversal the “right move by Commerce,” he wrote in a text to The Keys Citizen from Europe on Thursday.
The proposal had been opposed by the county’s Planning Commission and the Planning Department and several local homeowners associations and environmental groups, including the Key Largo Federation of Homeowners Associations, Last Stand and Tavernier Community Association.
“We are incredibly disappointed,” said Richard Barreto of the Tavernier Community Association. “This speaks to influence peddling and corruption. .... Apparently there is someone with enough clout to have this reversed.”
Barreto questioned how Commerce staff members changed their minds without an appeal by the developers even being filed and how “starkly in conflict” the two decisions are and whether a “pay-for-play scheme” was involved, he said.
“We will have to appeal this essentially and fight the state,” Barreto said.
Monroe County planning staff recommended the commission either postpone making a decision or deny the proposal because the plan is not consistent with the county’s land development code and the Livable CommuniKeys Planning Program for Tavernier. The county’s Planning Commission voted to not recommend approval of the project.
Roughly two dozen Tavernier residents spoke against the proposal at the meeting when the County Commission approved the overlay district, arguing the store is too big, will create too much traffic and said there is no need for another Publix and a liquor store. The residents spoke in favor of more affordable housing, not another Publix. They argued the developers are putting profits before the safety of residents.
The residents told the commissioners that traffic is already an issue and the Publix proposal would make the situation worse. The residents continually said there is no need for more grocery stores, as there is a Winn-Dixie in Tavernier and Key Largo and a Publix in Islamorada and Key Largo. The residences said this project is being pushed by corporate interests who don’t live in the community.
Monroe County Mayor Holly Raschein, who lives in Tavernier, voted in favor of it. She believes the project will be a benefit to the community once completed, she said, adding that there are still more approvals from the county government that are needed that will require more public meetings.
“I have for many reasons supported this project, including bring 68 units of workforce housing to this community,” she said. “I believe having a Publix will complement the needs of the community. I like that first responders, teachers and essential workers will have preference and that 70% of the income of residents will have to come from Monroe County. I don’t believe there is another piece of property in the Keys that could sustain this sort of change. ... I do not think this is going to bring new people to the Keys, but just move people around. I did not make this decision flippantly. I really wrestled with this. If I did not think there was going to be a true benefit to the community, I would not have supported it.”
Department of Commerce spokespeople did not respond to emails from The Keys Citizen sent on Thursday and Friday.
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