Resolution 086-1998
Planning Department
RESOLUTION NO. 086 -1998
A RESOLUTION BY THE BOARD OF COUNTY COMMISSION-
ERs OF MONROE COUNTY, FLORIDA, APPROVING AMEND-
MENTS TO THE DEVELOPMENT OF REGIONAL IMPACT
(DRI) DEVELOPMENT ORDER, RESOLUTION NO.
365-1986, AND MODIFICATIONS TO THE MASTER DEVEL-
OPMENT APPROVAL FOR THE HAWK'S CAY EXPANSION
DRI; PROVIDING 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 Im-
pact (DRI) known as the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Monroe ceunty ,::;Zon~ng
Board recommended that the Board approve the amen~e:r,:'ts clio,.the
DRI and Maj or Development for the Hawk's Cay Resort; ~~' ~S':;
WHEREAS, on September 18, 1996, the Board ap~Qved~amEg1d-
ments to the DRI and Major Development in Re::eolution 'No.
335A-1996; and ~St=; ~ <=J
WHEREAS, on December 10, 1997, Hawk's Cay Inv~tdis,::-Li:%i-t-
ed and Hawk's Cay Developers, Limited (hereinafte~ A.pptlca~),
proposed additional changes to the 1986 DRI Development Order, as
amended, by filing a Notification of Proposed Change (hereinafter
Notification) to a Previously Approved DRI 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 DRI Notification proposes to revise the DRI
master plan for the DRI as approved in Resolution No. 365-1986
and amended in Resolution 335A-1996 and make non-substantial
deviations pursuant to Section 380.06(19), F.S.; and
WHEREAS, on December 16, 1997, the Applicant also filed an
application for modifications to the 1986 Major Development (here-
after modifications), as amended by Resolution No. 335A-1996; and
WHEREAS, during the review process, the Monroe County Plan-
ning Commission, after due notice and public participation in the
Page 1 of 4
MDHAWK3.10!TXTDR, 97013
Initials
hearing process, has reviewed the proposed amendments and modifi-
cations to the DRI and Major Development; and
WHEREAS, on February 4, 1998, the Planning Commission recom-
mended approval to the Board of the proposed changes and modifica-
tions to the DRI/Major Development and further clarified that no
new boat slips shall be allowed at Hawk's Cay; 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 . (1996); and
WHEREAS, the public notice requirements of Monroe County and
Section 380.06 (19) (f)3, F.S. (1996), for consideration of the
proposed changes have been made; and
WHEREAS, the public was afforded an opportunity to partici-
pate in the public hearing and all parties were afforded the
opportunity to present evidence and argument on all issues and
submit rebuttal evidence on the subject Notification and proposed
modifications before the Board; and
WHEREAS, the Board has reviewed the above referenced docu-
ments, the related recommendations of the Monroe County Planning
Commission, as well as all related testimony and evidence submit-
ted by the parties and members of the general public; and
WHEREAS, there was competent substantial evidence presented
that the changes set forth in the proposal do not meet or exceed
any of the DRI substantial deviation criteria in 380.06(19), F.S.
(1996) .
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 its
DRI notification do not constitute a substantial deviation pursu-
ant to Section 380.06 (19), F. S. (1996).
Section 2. Resolution No. 365-1986, the DRI Development
Order, as amended by Resolution No. 335A-1996, for the Hawk's Cay
Expansion DRI, shall be further amended as follows:
(New Language is
sEFiekeB through)
Underlined;
deleted
language
is
Amendments to Resolution No. 365-1986. as amended
1. Substitute Revised Master Development Plan dated December 1.
1997. attached hereto for the May 20. 1996 Revised Master
Page 2 of 4
MDHAWK3.10/TXTDR, 97013
Initials
Development Plan. attached to the Development Order as Exhib-
it 1 and referenced in Condition 1.12.
2. Revise condition 9.1 a. as follows:
The Applicant may construct a maximum of 269 guest units,
consisting of combinations of no more than 558 bedrooms and
556 . 5 ba t hrooms 25- - -l-a-r-ge- - -sui-1=es- - - -{ 3 - - -bed-r-oom-,- - - 3 - - bat:hi
aHa-~44--s~i1=es-~~-~r~/-2-~~) . Those numbers exclude
the additional 178 existing hotel units that were not subject
to DRI review.
3. Revise condition 9.1 h. as follows:
All new guest units constructed shall adhere to one of the
architectural styles and one of the representative floor
plans depicted in Attachment 82 to the "Hawk's Cay Expansion
Project Community Impact Statement updated May 20, 1997, or
submitted as Supplemental Attachment 82 with the Notification
of a Proposed Chanqe to a Previously Approved DRI for the
Hawk's Cay DRI dated December 1997.
4. Add condition 9.1 m, as follows:
No new boat slips shall be allowed at Hawk's Cay.
Section 3. The Major Development modifications, including
the site development plan, as proposed by the Applicant on Decem-
ber 16, 1997, also are approved. However, the Applicant's propos-
als concerning handicapped accessibility and building code inspec-
tions were withdrawn by the Applicant and therefore, were not
approved.
Section 4. 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 Reso-
lution shall remain in full force and effect.
Section 5. 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 Florida Depart-
ment of Community Affairs and the South Florida Regional Planning
Council within 10 days of its adoption by the Board.
Section 6. The Applicant shall record
Resolution pursuant to Section 380.06(15), F.S.
a notice
(1996) .
of
this
Section 7.
adoption.
This Resolution shall take effect upon its
Page 3 of 4
MDHAWK3.10/TXTDR, 97013
Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of the Board held
this 23rd day of February, A.D., 1998.
Mayor London
Mayor Pro Tern Harvey
Commissioner Douglass
Commissioner Freeman
Commissioner Reich
recused
yeS
yes
yes
absent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
..... A.,.1\ .~t:;...-
By: ~..(\.~..~~~ ~ \.
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
By: \2l~~}~~~-\A J
DE TY ERK
BY
FORM
CIENCY
Page 4 of 4
MDHAWK3.10/TXTDR, 97013
Initials
. ,
~. / ,
EXHIBIT 1
l.:IJ
. I
I
I
~
II
l'
JI
,.
.f
If
II
II
~
~
f
,