A second petition was recently filed by the Tavernier Community Association and fellow community members in relation to an ordinance Monroe County commissioners approved in February for a special overlay, which allows developers to build a nonresidential structure beyond a 10,000-square-foot limit. That decision paves the way for the construction of a Publix supermarket and liquor store on property of a defunct concrete production facility at MM 92.5, oceanside.
Per law, the petition must first go to county commissioners, who will have the opportunity to withdraw the ordinance or do nothing. The petition would then advance to the state for administrative review.
Richard Barreto, president of the TCA, said he remains skeptical of the state’s actions and believes the state abrogated its responsibility to oversee Monroe County, as an Area of Critical State Concern.
In May of this year, after spending 60 days researching the ordinance, the FloridaCommerce issued a final order rejecting the ordinance for multiple reasons. This action followed similar findings by the county’s Development Review Committee, the Planning Commission and Planning Department.
In June, FloridaCommerce issued an amended final order and reversed its initial rejection to approval. By amending the order, Barreto said, the state shifted the burden of appeal as well as the costs associated with such an appeal from the developer to the Tavernier community.
In July, the Tavernier Community Association filed an application for an administrative hearing to appeal FloridaCommerce’s reversal. The TCA said the decision came with no notice to the public or affected individuals.
“The state has refused to explain why they deviated from the normal appeal process in making this decision,” states a press release by the TCA.
Emily Heatherington, FloridaCommerce deputy director of external communications, told Keys Weekly after receiving additional input from the county and proposed development and upon further legal and historical analysis, “it is clear the proposed change was legally sufficient and based on historical data. We find no procedure, post a final order, that allows for additional input outside of the defined appeal process which was not adhered to by the state.”
The TCA said requests for this historical data and analysis have received no response from the state. TCA filed two public records requests in July seeking this information under the public records law.
“Additionally, the TCA filed complaints with the Department of Commerce Office of Inspector General; however, they have advised they will only review the matter after we have exhausted our administrative options,” the TCA press release states.
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