08/01/2024
CEMEX/SINGLETARY/PUBLIX
INFORMATION UPDATE
I have been asked to provide a Facebook update on the proposed development at mm 92.5 (the old Cemex concrete site), with a little perspective on the development proposal. The development of
this site was first proposed in 2022. At that time the developers wanted to construct workforce housing and a 70,000 SF building. It was learned later that the intention for this large building was to
house a Publix supermarket and liquor store.
It is important to understand that many years ago the Board of County Commissioners challenged various communities up and down the keys to develop a master plan for their areas. In Tavernier
that plan is called the LIVIBLE COMMUNIKEYS, TAVERNIER CREEK BRIDGE TO MM 97 Master plan.
The plan took several years to develop through a broad-based cross section of the community working with the County Planning staff. The provisions that were recommended were argued back
and forth and everyone made concessions. In the end, all agreed to the plan that would guide future development of Tavernier. The plan was then approved by the Board of County Commissioners and incorporated into the County Comprehensive Plan. The Tavernier Master plan, among other things provided an emphasis on maintaining community character and a small-town environment. The plan provided for NO new commercial districts and limited the size of newly constructed buildings to 10,000 SF. The proposed building on the CEMEX site is seven times larger than was allowed.
To accomplish this the developers proposed creating a special overlay that would in effect change the zoning to provide for the large structure. We have argued from the beginning that this violated the provisions of the Master plan and the Comprehensive plan.
Our commissioners and others supporting this development, more often than not, wrap their argument around the idea that we need Workforce housing. We have no objection to workforce housing!
The developers can build workforce housing under the existing suburban commercial zoning. We have made recommendations to expand the Workforce housing footprint, but those suggestions have fallen on deaf ears. They can build commercial buildings under the SC zoning.
What they cannot do is build a commercial building in excess of 10,000SF.
As this proposal moved through the approval process the developers have reduced the size of the building to approximately 50,000SF. The proposal has been reviewed by the Development Review Committee and the Planning Commission both of which recommended against the project. The County Planning Department also issued a report, advising the Commission that the proposal would violate the master and comprehensive plans along with other Statutes and regulations.
Despite these recommendations, our Commission, on February 15th passed an ordinance approving the Overlay. The only commissioner to descent was Commissioner Craig Cates.
Because Monroe County is a state area of critical concern, all such development proposals must be approved by the State of Florida. The ordinance was forwarded to the Commerce Department.
After about 60 days they issued a FINAL ORDER rejecting the ordinance passed by our Commission. This rejection was based on the same foundation established by our own planning department. Subsequent to the rejection and 45 days later the Department of Commerce issued a stunning, complete reversal of their position. This was done even though there was never a petition of appeal filed as required by law. There have been no good answers as to why this was done, and I will leave the speculating to others but certainly this does not pass the smell test!!
Pursuant to this decision we have filed a petition of appeal, as required by law. This will wind its way to the administrative division, be assigned to a judge and a hearing will be held.
Why are we fighting this fight? Most of us living in the keys came here to enjoy a very different environment than the one we left. What we fear most is that our distinctly different way of life will
disappear and be replaced with something that resembles what we left. An overdeveloped, congested and commercialized community. We see this fight as a battle worth fighting for. We strongly believe if we lose this fight developers will build on every piece of property they can find and simply create an overlay to build whatever they want. Master plans were developed by communities in partnership with our government. Our government now see’s these plans as an
obstacle to development rather than a guide to development. We are hopeful the courts will remind our lawmakers that it is more of the latter.
Fighting this battle in the courts requires attorneys. They won’t work for free, and we don’t expect them to. If you are passionate about our community, care about over development and the resulting congestion as well as the adverse impact on our precious environment please consider making a donation to support this fight. 100% of any donations are used exclusively to pay our attorneys.
Donations can be sent to the TAVERNIER COMMUNITY ASSOCIATION P.O. 72 TAVERNIER, FLORIDA 33070
Richard Barreto, President
[email protected]