Last stand asks for Clarification Request on Amended Final Order Reversal for TKCOD

July 9, 2024

Kate Doyle, Assistant Deputy Secretary

Division of Community Development

Florida Commerce

107 E Madison Street

Tallahassee, FL 32399

Re: Amended Final Order Monroe County Ordinance No. 04-2024

Dear Kate,

Last Stand of the Florida Keys requests clarification from Florida Commerce on the issuance of Amended Final Order 24-020, which reversed its previous ruling rejecting the Tavernier Key Commercial Overlay District (TKCOD). The original order rejected Monroe County Ordinance No. 04-2024, stating:

“The TKCOD development standards exceed those applicable to the Tavernier community under the Monroe County Comprehensive Plan, specifically those provided by the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (“Tavernier LCP”) and the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor District Overlay (TC) Development Standards and Guidelines (“U.S. 1 Guidelines”).

By establishing the TKCOD, the Ordinance 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.”

However, on June 27, 2024, Florida Commerce issued an amended final order that completely reversed its initial decision without any explanation. Last Stand seeks clarification on the following points:

• Why did Florida Commerce reverse the final order and adopt the Land Development Regulations?

• What new information led Florida Commerce to now consider the project consistent with the Community Character?

• What documents, if any, did Florida Commerce rely upon to change its position?

Florida Commerce spent nearly 60 days researching and reviewing its first order, noting that it was inconsistent with the Monroe County Comprehensive Plan and the principles for guiding development. We believe the first order was well-researched and accurate, aligning with similar conclusions reached by the County Planning Department and other county-based entities reviewing the proposed project.

Additionally, no explanation was given when Florida Commerce issued the amended order on June 27, 2024. The order does not indicate who was responsible for the reversal or why. There is no predicate or basis justifying the radical changes in the amended order. It is evident that something significant influenced this decision. Yet, no policy, statute, rule, or provision allows for additional input to be considered by Florida Commerce outside the procedure outlined in FSS 120. If Florida Commerce considered additional information, there is no way to ascertain if the information was accurate.

As a community organization, Last Stand strives to protect and preserve our limited land in the Florida Keys from overdevelopment. This reversal benefits the developers at the community’s expense. Monroe County’s Comprehensive Plan, adopted and approved by the Department’s State Planning Agency, was expected to protect Monroe County from uncontrolled development. The initial filing accurately recognized the inconsistencies between the amendment, the Monroe County Comprehensive Plan development standards, and the Principles for Guiding Development for the Florida Keys as an Area of Critical State Concern.

We request a full explanation of how and under what rule, procedure, or provision the amended order was issued and who was responsible for the decision.

Thank you for your attention to this matter.

Ann Olsen, President

For the Last Stand Board

Last Stand is a non-profit organization of volunteer citizens interested in preserving the Florida Keys' unique quality of life and fragile, beautiful natural environment. We have worked tirelessly since 1987 to protect Key West and the Florida Keys.

Last Stand • P.O. Box 146 • Key West, FL 33041      www.keyslaststand.org