Resolution 266-2002
RESOLUTION NO. 266 -2002
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING AMENDMENTS TO THE DEVELOPMENT
OF REGIONAL IMPACT (DRI) DEVELOPMENT
ORDER, RESOLUTION NO. 365-1986, AND
MODIFICATIONS TO THE MAJOR DEVELOPMENT
APPROVAL FOR THE HAWK'S CAY EXPANSION DRI;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on December 5, 1986, after a public hearing, the Monroe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DRI) known
as the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that
the Board approve the amendments to the DRI and Major Development for the Hawk's Cay
Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; December 8, 1999; September 19,
2001; and February 12, 2002, the Monroe County Board of County Commissioners approved
amendments to the DRI and Major Development in Resolution Nos. 335A-1996, 086-1998, 616~
1999, and 354-2001, and 037-2002, respectively; and
WHEREAS, on May 2, 2002, Hawk's Cay Investors, Limited, and Hawk's Cay Developers,
Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section
380.06(19)(e) 2., F.S. to the 1986 DRI Development Order, as amended, by filing a Notice with
Monroe County, the South Florida Regional Planning Council, and the Department of
Community Affairs in accordance with Section 380.06(19), F.S.; and
WHEREAS, the Applicant proposes to revise the DRI Development Order to implement a
settlement agreement in an appeal of Monroe County Resolution 037-2002 taken by the Florida
Department of Community Affairs by imposing new conditions on the development of 46
additional units authorized in that Resolution; and
WHEREAS, the Monroe County Board of County Commissioners (Board) is the local
government body having jurisdiction over the review and approval of the DRI, in accordance
with Section 380.06, F.S. (2001); and
WHEREAS, the public notice requirements of Monroe County for consideration of the
proposed change have been made; and
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WHEREAS, the public was afforded an opportunity to participate in the public hearing and
all parties were afforded the opportunity to present evidence and argument on all issues: and
WHEREAS, the Board has reviewed the above referenced documents, as well as all related
testimony and evidence submitted by the parties and members of the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The changes proposed by the Applicant in the DR! Notice dated May 2, 2002,
do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 2, Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DR!, shall be further amended as follows:
1. Further Revise Condition 9.1 a. as follows:
The Applicant may construct a maximum of 297 guest units consisting of combinations of
no more than 614 bedrooms and 626.5 bathrooms at Duck Key. The Applicant agrees that
the 28 additional market rate units approved in Resolutions 037-2002 adopted February 12,
2002 shall each contain two (2) bedrooms and two and a half (2 Y2) bathrooms. The 18
affordable hotel staff quarters shall consist of 12 units each with 2 bedrooms and 1 Y2 baths;
3 units each with 2 bedrooms and 2 baths; and 3 units each with 2 bedrooms and 1 bath.
The Applicant further agrees that the 28 additional market rate units and the 18 affordable
hotel staff quarters described below shall be subject to the provisions of the Monroe County
Comprehensive Plan that limit the number of permits for new residential development in
order to maintain hurricane evacuation clearance times established in the Plan. Therefore,
Monroe County shall issue building permits for the 28 market rate units and for the 18
affordable hotel staff units only at such time as the Applicant receives a Rate of Growth
Ordinance (ROGO) allocation under the permit allocation system or the Applicant acquires
and extinguishes an equivalent number of bedroom/bath combinations from a site or sites
within the Middle Keys subarea, as defined in Monroe County Code Section 9.5-120.2b, or
from within another subarea if the Monroe County Comprehensive Plan and/or Monroe
County Code is amended to provide authorization. If the site of the acquired units is within
a separate municipality, that municipal government must, by resolution, approve the
extinguishments and acknowledge that any new units on the site of the acquired units must
receive a ROGO award.
2. Further Revise Condition 9.1h as follows:
The Second Supplemental Attachment G2 is modified to conform to the reduction of
bedrooms and bathrooms specified in condition 9.1 a.
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Section 2. Those provisions of the DRI Development Order, Resolution No. 365-1986, as
amended, and the Major Development approval, as amended, which are not further amended by
this Resolution shall remain in full force and effect.
Section 3. A certified copy of this Resolution, with all exhibits, shall be furnished by the
County by certified mail, return receipt requested, to the Applicant, the South Florida Regional
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 4. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 5. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of June 2002.
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Dep ty Clerk
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTn rLORIDA
By ~
. Mayor ChJle "Sonny" McCoy
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