Item R05 R.5
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: R.5
Agenda Item Summary #10873
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin 3054538755
1:30PM
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Approving
a Change (Amendment) to a Development of Regional Impact (DRI), Including Relocation of
Existing Square Footage Available for Expansion from Development Corridor 4 and the Convention
Facilities to the Commercial Marina Area, and Recognition of Nonconforming Square Footage, In
Order To Redevelop and Expand the Marina Store Located at the Development Site Commonly
Known as Hawks Cay, Located on Duck Key, Currently Having Property Identification Numbers
00378390-000000, 00378380-000000, and 00378380-000102.
ITEM BACKGROUND:
The subject property is located within the Destination Resort (?DR?) land use district. The
existing development was approved as a Major Development Approval and Development of
Regional Impact(?DRI?), which were subsequently amended through various development
orders, a 2002 settlement agreement(?Settlement Agreement?), and a 2004 build-out agreement
(?Build-Out Agreement?).
The existing development consists of a hotel with convention space, restaurants, commercial
retail stores, ancillary hotel uses, and employee housing. In accordance with the prior
development orders and Monroe County Land Development Code (?LDC?) Section 110-
81(c)(2), the current use of the property requires, and is deemed to have, a major conditional use
permit approval (per requirements of the DR land use district). Changes to the site plan shall be
reviewed under the process requirements of LDC Section 110-73 - Development Under an
Approved Conditional Use Permit, and per the DRI and Settlement Agreement requirements
stated below.
On July 5, 2022, a Letter of Development Rights Determination (?LDRD?)was issued by the
Senior Director of the Planning and Environmental Resources Department. Through this letter,
the Senior Director reviewed the actual development (i.e.,physically constructed) of the
property against the development that was permitted through the DRI approvals and determined
that there is a total of 965.32 square feet of available accessory floor area to expand in the
commercial marina area, an additional 78 square feet available in Development Corridor 4, and
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an additional 634.5 square feet available for expansion of convention facilities, on the
development site commonly known as Hawks Cay.
The applicant has proposed the relocation of the square footage remaining for expansion from
Development Corridor 4 (78 square feet) and from the Convention Facilities area(634.5 square
feet), a total of 712.5 square feet, to the Commercial Marina area, in order to redevelop the
existing marina store.
In addition,per Attachment B. to the 2022 LDRD and based upon documentation from a recently
submitted building permit application (Building Permit Application No. 21200005), the existing
marina store is currently developed with 2,281 square feet of nonresidential floor area that is
nonconforming to the existing DRL Through this requested amendment to the DRI, the applicant
is also requesting recognition of 2,281 square feet of nonconforming square footage at the
marina store; however it should be noted that this nonconforming area cannot be redeveloped or
transferred to another location within the Hawks Cay DRI or off-site to any other location within
or outside of the Hawks Cay DRI.
The most recently approved Master Development Plan, (dated December 14, 2001) is pictured
below. The area delineated by the orange rectangle more or less depicts the development
location of the proposed marina store redevelopment with expansion. The area delineated by the
blue square/rectangle more or less delineates Development Corridor 4 and the Convention
facilities as they are referenced above.
Development of Regional Impact(?DRI?) Review Process
As summarized by the Florida Department of Economic Opportunity (?DEO?): Effective April
9, 2018, the statutory provisions in Chapter 380, Florida Statutes, related to developments of
regional impact(DRI)were amended to eliminate the review process regarding changes to
existing DRIB. See Chapter 2018-158, Laws of Florida. This change is in addition to statutory
changes in 2015 and 2016 that eliminated the DRI review process for new proposed
developments that exceed the DRI thresholds and are not exempt from review. Amendments to
development orders for existing DRIB will now be considered by the local governments that
issued the development orders, without state and regional review,pursuant to their local
development review procedures.
Pursuant to Section 380.06(7)(a), Florida Statutes, ?Notwithstanding any provision to the
contrary in any development order, agreement, local comprehensive plan, or local land
development regulation, any proposed change to a previously approved development of regional
impact shall be reviewed by the local government based on the standards and procedures in its
adopted local comprehensive plan and adopted local land development regulations, but not
limited to,procedures for notice to the applicant and the public regarding the issuance of
development orders. However, a change to a development of regional impact that has the effect
of reducing the originally approved height, density, or intensity of the development must be
reviewed by the local government based on the standards in the local comprehensive plan at the
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time the development was originally approved, and if the development would have been
consistent with the comprehensive plan in effect when the development was originally approved,
the local government may approve the change. If the revised development is approved, the
developer may proceed as provided in s. 163.3167(5). For any proposed change to a previously
approved development of regional impact, at least one public hearing must be held on the
application for change, and any change must be approved by the local governing body before it
becomes effective. The review must abide by any prior agreements or other actions vesting the
laws and policies governing the development. Development within the previously approved
development of regional impact may continue, as approved, during the review in portions of the
development which are not directly affected by the proposed change.?
PREVIOUS RELEVANT BOCC ACTION:
*More detailed history of BOCC actions is included in Attachment A to the July 5, 2022 Letter
of Development Rights Determination (?LDRD?).
* BOCC Resolution 365-1986 Approval of DRI& Major Development Approval
* BOCC Resolution 335A-1996 Amendment to DRI& Modifications to Major Development
Approval
* BOCC Resolution 086-1998 Amendment to DRI& Modifications to Major Development
Approval
* BOCC Resolution 616-1999 Amendment to DRI& Modifications to Major Development
Approval
* BOCC Resolution 354-2001 Amendment to DRI& Modifications to Major Development
Approval
* BOCC Resolution 037-2002 Amendment to DRI& Modifications to Major Development
Approval
* BOCC Resolution 038-2002 related to ROGO exemptions
* BOCC Resolution 266-2002 Amendment to DRI Modifications to Major Development
Approval
* 2002 Challenge and Settlement Agreement Case No. CA-M-02-108
* BOCC Resolution 563-2003 Amendment to DRI Modifications to Major Development
Approval
* 2004 Agreement for the Build-Out of Hawks Cay Development of Regional Impact between
DCA, Monroe County, & Hawks Cay
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Staff Report.doc
2022-044_Hawk's Cay LDRD_7.05.22
ATTACHMENT A_LDRD_File42022-044 Prior County Actions
ATTACHMENT B_LDRD File 2022-044_Redevelopment Memo
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Resolution
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 07/31/2022 10:51 AM
Peter Morris Completed 08/01/2022 2:27 AM
Purchasing Completed 08/01/2022 8:31 AM
Budget and Finance Completed 08/01/2022 10:36 AM
Brian Bradley Completed 08/01/2022 11:39 AM
Lindsey Ballard Completed 08/01/2022 12:13 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and
Environmental Resources Department C
From: Devin Tolpin, A.LC.P., C.F.M., Principal Planner, Monroe County Planning and
Environmental Resources Department g
as
Date: July 27, 2022
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Subject: A PUBLIC HEARING CONCERNING A REQUEST FOR A CHANGE
(AMENDMENT) TO A DEVELOPMENT OF REGIONAL IMPACT (DRI). THE a
REQUESTED CHANGE RELATES TO THE RELOCATION OF EXISTING 2
SQUARE FOOTAGE AVAILABLE FOR EXPANSION FROM DEVELOPMENT
CORRIDOR 4 AND THE CONVENTION FACILITIES TO THE COMMERCIAL
MARINA AREA AND RECOGNITION OF NONCONFORMING SQUARE to
FOOTAGE IN ORDER TO REDEVELOP AND EXPAND THE MARINA STORE
LOCATED AT THE DEVELOPMENT SITE COMMONLY KNOWN AS HAWKS
CAY. THE SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND IN 0
SECTION 21, TOWNSHIP 65 SOUTH, RANGE 34 EAST, DUCK KEY, MONROE
COUNTY, FLORIDA, HAVING PROPERTY IDENTIFICATION NUMBERS
00378390-000000, 00378380-000000, AND 00378380-000102.1
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Meeting: August 18, 2022
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I. REQUEST
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The applicant is proposing a change to the Hawks Cay Expansion Development of Regional
Impact to relocate existing square footage available for expansion from Development Corridor 4
and the Convention Facilities to the Commercial Marina and recognition of nonconforming square
footage to redevelop and expand the marina store.
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IL BACKGROUND INFORMATION
The subject property is located within the Destination Resort("DR")land use district. The existing
development was approved as a Major Development Approval and Development of Regional
Impact("DRI"), which were subsequently amended through various development orders, a 2002
settlement agreement ("Settlement Agreement") and a 2004 build-out agreement ("Buildout
Agreement") [see Attachment C., appended hereto, for list of prior actions and details].
i File No. 2022-139.
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The existing development consists of a hotel with convention space,restaurants, commercial retail
stores, ancillary hotel uses, and employee housing. In accordance with the prior development
orders and Monroe County Land Development Code ("LDC") Section 110-81(c)(2), the current
use of the property requires, and is deemed to have, a major conditional use permit approval (per
requirements of the DR zoning district). Changes to the site plan shall be reviewed under the
process requirements of LDC Section 110-73—Development Under an Approved Conditional Use
Permit, and per the DRI and Settlement Agreement requirements below.
On July 5, 2022, a Letter of Development Rights Determination ("LDRD", Attachment A.) was
issued by the Senior Director of the Planning and Environmental Resources Department. Through
this LDRD, the Senior Director reviewed the actual development (i.e., development physically
constructed) of the property against the development that was permitted through the prior DRI
approvals and determined that there is a total of 965.32 square feet of available accessory floor
area to expand in the commercial marina area, an additional 78 square feet available in g
Development Corridor 4, and an additional 634.5 square feet available for expansion of
Convention Facilities on the development commonly known as Hawks Cay. -
For reference, the most recently approved Master Development Plan, (dated December 14, 2001)
is shown below. The area delineated by the orange rectangle depicts, more or less, the 0
development location of the proposed marina store redevelopment with expansion. The area
delineated by the blue square/rectangle delineates, more or less, Development Corridor 4 and the
Convention Facilities as they are referenced above.
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The applicant is proposing the relocation of allowable square footage for expansion from other 0
development corridors/orders to the commercial marina area in order to redevelop the existing marina
store. According to Attachment B. to the LDRD and based upon documentation from a recently
submitted building permit application (Building Permit Application No. 21200005), the existing
marina store is currently developed with 2,281 square feet of nonresidential floor area that is
nonconforming to the existing DRI. Through this amendment, the applicant is also requesting
recognition of 2,281 square feet of this nonconforming square footage; however it should be noted 0
that this nonconforming area shall never be moveable/transferrable at any later date.
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III. PROPOSED AMENDMENT
As referenced in the LDRD, there is a total of 965.32 square feet available for expansion in the area
referred to as the commercial marina area, an additional 78 square feet available for commercial
expansion in Development Corridor 4, and an additional 634.5 square feet of available floor area to
expand the Convention Facilities.
Currently, the marina store is developed with 3,200 square feet of permitted floor area and 2,281
square feet of nonconforming floor area. The proposed change to the DRI will transfer the 712.5
cumulate square feet available for expansion from Development Corridor 4 and the Convention
Facilities to the commercial marina area in order to redevelop the marina store. According to the
documentation submitted, the proposed marina store development consists of a 6,963 square foot
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structure, with 2,208 of that being unenclosed area. Snapshots of the proposed site plan and floor plan
are shown below.
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IV. ANALYSIS OF PROPOSED AMENDMENT
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Under LDC Section 110-76:
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Sec,. 1 -76. - Developments opment egil I Impala and Dievelopiment Agreements,
al;JiWdill sl anding any,+fl'rfig r rrif;iineci In 01is aMcle oi, eI,Nvvfrpre n rf l,,I '1r1d De,vek)prnpul CI,nde whPI1 a use is a ki a C ev",,,k)prriertf.r„11'
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be the I.4 iv Development Agree.11lent iii"A l the FI(Jr ld t Loc',al r„ a,;rrkl'T)eit(.Ir;',4rek)E �nn,,n�A.,b,ree,,im:,nf.Ac Se(11 1rf kr.,�:l 2!C Ht,,t:q 'irol fevek;aj�),,IIetl'Y ap
and tV-e al lrlroval d al ly levotir,Irks thrr rrfrorn,_hall be reserved to the as pro,(,,Jed Ir,1 fewer 74 la v(, 0
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Under Florida Statute Section 380.06(7)(a):
(7) CHAtJGES,—
(a) Notvifthstainding any provision to the contrary in any dieveiopr(ient ordier, agu eerient,, iocat
corn 1p rehensi ve plan, or, toucan taind development regu[afloill, any proposed change to a previousty
approved devetopment of regionalk Impact shati, Ibe urevilewed by thie, local[ governnwint based on the
standards, and procedUres in its adopted' tout come preheinsive p4an and adopted Ioica� bind
development regulations, incWding,, bUt not tinifted to, piraciedLirres for notice to the appkant and
the puWk regarding the iSSUance of devetiopirnent orders,, However, a change to a devetopirnent of
regioin,,;l[ irnpact that has, the effect of reducing the oilginatly al 'roved height, density, or intensity
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of the devetopment nvust be revievved by the local[ giavernment based on the stairlidard's, in the tocal[ E
ciompii ehenisi�ve pIlan at the time the devel[opanent 0e,RS Orr -ra
lginaH,y approved, and if the devetopment a
vmiutd have been consistent with dile cornprehensive paten in effect when the develiiopnwjit was .2
origlnallty approved, thie iocal govern raent rnay approve the change, If the revised develzprlent is
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approved, the deve[oper rnay, p� roceled as provided in s. 163.3167(5). For any proposed rhainge tio, a 0
fen eviou5I, approved dev,0Dpniient of Ir
Y legionai, impact, at lleast one public heathing must be held on
Cthe appdicatilon for change, and any change must tee approved by the ioca( governing body Ibefo re It
becomes effective. The review must abide Id any prior agreements, or othevr actions vesting the
4vrs and policies governing the develEoprneirit. DeveIoprtient within the previotjsiy approved
devielopraent of regionai irnpact may continue., as approved, djUVring the review in portions Hof the
derd,,eloprnent v,),hich are not direct(y affected by tine Ue piroplosed change. U)
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VII. PROFESSIONAL STAFF RECOMMENDATION 0
The professional staff of the Planning and Environmental Resources Department recommend
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approval of the proposed change to the Hawks Cay Expansion Development of Regional
Impact to relocate existing square footage available for expansion from Development Corridor E
4 and the Convention Facilities to the Commercial Marina and recognition of nonconforming
square footage in order to redevelop and expand the marina store.
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VIII.ATTACHMENTS 0
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A. Hawks Cay LDRD dated June 5, 2022
B. Attachment B. to LDRD
C. Hawks Cay Development Relevant Prior Actions and Details
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County of Monroe
Planning&Environmental Resources Departments \, Board of County Commissioners:
Marathon Government Center is � � Mayor David Rice,District 4
� ,,
2798 Overseas Highway,Suite 400 f �- Mayor Pro Tem Craig Cates,District 1
Marathon,FL 33050 Michelle Coldiron,District 2
Voice: (305)289-2500 � '' James Scholl,District 3
FAX (305)289-2536 Holly Merrill Raschein,District 5
We strive to be caring,professional,and fair
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July 5, 2022
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Smith Hawks,PL Bart(�SmithHawks.com
138 Simonton St. as
Key West, FL 33040 0,
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Letter of Development Rights Determination (LDRD),File#2022-044,Hawks Cay >
61 Hawks Cay Boulevard,Duck Key,Florida
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This letter is in response to your request for a determination of the amount of permanent residential dwelling units and U)
transient units that were lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO)
permit allocation system and the amount of nonresidential floor area that was lawfully established and thereby exempt from X
the Nonresidential Rate of Growth Ordinance (NROGO) allocation system on the above-described premises. 0
The development rights requested by the applicant are detailed in the excerpt of the applicant's cover letter below:
'i.he Applicant is requesting tlljat td e C'u)u.uuoty 1,eco uli twenty-eight markett ent - ht ( market ralo E
dwelfing units, eighteen (1 ) affordable housing iw fling units, dOUr huunudre d and i`C,rt -sevcn cN
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(d 7) residential transient uuumitsu„ a lld no less td ain 20,400 square i;et ofruun r iud itial tIm'n arca as LO
vest tl rights puun,,,Li rit to Section I 02-136 M*the LDC, tuutti ul(u Dens than i"uwutt--huun dred and eighty
square Feet (480 sf) of non-resdudcntla l tIooi- area as lawl'tilly established on the 'Pro:ag�ert „ pumursuuauut.
to d 1 C Section d 38-501.
Background Information: U)
The full legal description of the subject property is included in this application file (Planning & Environmental Resources
Department File# 2022-044). The property is located within the Destination Resort(DR) Land Use (Zoning) District and
the Mixed Use/Commercial (MC) Future Land Use Map (FLUM) Category. The subject property is designated as Tier III i
infill area.
c°,4 The existing development,commonly known as Hawks Cay Resort is spread out among various parcels on Duck Key,with Q
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multiple addresses attributed to the development. The subject property consists of several parcels, assessed under the three 4,
primary Parcel Identification Numbers 00378390-000000, 00378380-000000, and 00378380-00102 with additional Parcel
Identification Numbers attributed to individual dwelling units under separate ownership(s).According to past development E
orders [to be elaborated on throughout this document],the subject property has a total area of 58.8 acres.
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Subject Property, outlined in blue(Aerial dated 2018)
Prior County Actions:
The relevant Prior County Actions have been summarized in a table that is included as Attachment A to this LDRD.
Permanent Residential Dwelling Units: ri
The applicant is requesting recognition of 28 market rate and 18 deed restricted affordable,lawfully-established,permanent 'COD
residential dwelling units as being exempt from the ROGO permit allocation system. i
Pursuant to Section 138-22(a)of the Monroe County Land Development Code(LDC),the residential ROGO shall not apply
to the redevelopment,rehabilitation or replacement of any lawfully-established residential dwelling unit or space that does
not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, t)
rehabilitation or replacement.Additionally,pursuant to Section 138-22(1), landowners with a valid,unexpired development
of regional impact approval granted by the county prior to July 13, 1992,shall be exempt from the residential ROGO system. 3:
As defined in Monroe County Land Development Code (LDC) Section 138-19,residential dwelling unit means a dwelling -vi
unit as defined in Section 101-1, and expressly includes the following other terms specifically defined in Section 101-1:
rooms,hotel or motel;campground spaces;mobile homes;transient units;and institutional residential units(except hospital cc"44
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rooms). cN
As defined in LDC Section 101-1: E
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■ Affordable housing means residential dwelling units that meet the following requirements:
a. Meet all applicable requirements of the United States Department of Housing and Urban Development
minimum property standards as to room sizes,fixtures,landscaping and building materials,when not in conflict
with applicable laws of the county; and
b. A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which
represents either 50 percent(very low income) or 80 percent(low income) or 100 percent(median income) or
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120 percent(moderate income)of the monthly median adjusted household income for the county.
■ Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing
common living, cooking, and toilet facilities.
■ Employee housing means an attached or detached dwelling unit that is intended to serve as affordable,permanent
housing for working households, which derive at least 70 percent of their household income from gainful
employment in the county and meet the requirements for affordable housing as defined in this section and as per
section 139-1.
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■ Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a C'
household for non-transient occupancy, excluding hotel, motel, and recreational vehicle.
The Planning Director shall review available documents to determine if a body of evidence exists to support the lawful
existence of units on or about July 13, 1992, the effective date of the original ROGO. Such evidence shall be documented
and submitted to the Planning Director on a form provided by the Planning and Environmental Resources Department.Any 0
issued Monroe County building permit(s) confirming the existence of the structure(s) and its use(s) on or about July 13 '9=
1992 can stand as the only piece of evidence for an ROGO exemption.
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A review of available documentation does not indicate that any permanent dwelling units (market rate nor affordable)were
in existence on the subject property on or about July 13, 1992.
Through BOCC Resolutions 037-2002 and 266-2002, the DRI was amended to allow 28 market rate and 18 affordable U
dwelling units to be constructed on the subject property contingent on receipt of 46 ROGO Allocations and/or
Exemptions. It should be noted that in reviewing related documentation it appears the market rate units referenced
throughout these and related development orders were actually proposed and permitted for transient use (and had received
transient ROGO Exemptions via off site transfer).
An agreement was entered between the City of Marathon and John R. Allison [authorized representative of Hawks Cay E
DRI],memorialized through the City's Resolution 02-09-108, approving the transfer of 34 ROGO exempt transient units
from a sender site to the subject property for the development of the 28 market rate units authorized by Resolution No. �E
266-2002 It should be noted that County records indicate that these units were calculated as 19 units to be transferred. <
Additionally, City of Marathon Resolution No.2003-31 approved the transfer of an additional 9 transient dwelling units C
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to the subject property.
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Below is a table identifying the issued County Building Permits for transient units [referenced in DRI as market rate]:
Date Issued Permit Number Parcel Identification
Number U
02-21-2003 02205423 00378381-000360 n
02-21-2003 02205424 00378381-000361 3:
02-21-2003 02205425 00378381-000359 X
02-21-2003 02205426 00378381-000362
02-21-2003 02205427 00378381-000358
02-21-2003 02205428 00378381-000363 c4
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02-21-2003 02205429 00378381-000357 `4
02-21-2003 02205430 00378381-000364
02-21-2003 02205431 00378381-000356 E
02-21-2003 02205432 00378381-000365
02-21-2003 02205433 00378381-000355
02-21-2003 02205434 00378381-000366
02-21-2003 02205435 00378381-000354
02-21-2003 02205436 00378381-000367
02-21-2003 02205437 00378381-000353
02-21-2003 02205438 00378381-000368
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02-21-2003 02205439 00378381-000352
02-21-2003 02205440 00378381-000369
02-21-2003 02205441 00378381-000351
02-21-2003 02205442 00378381-000370
02-21-2003 02205443 00378381-000350
02-21-2003 02205444 00378381-000371
02-21-2003 02205445 00378381-000346
02-21-2003 02205446 00378381-000372
02-21-2003 02205447 00378381-000348
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02-21-2003 02205448 00378381-000373
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02-21-2003 1 02205449 1 00378381-000374
02-21-2003 02205450 00378381-000375
All 28 of the above referenced permits were issued as hotel/motel units with conditions,including the following:
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PER RESOLUTION NO. 03 -2,002 (DRI) ; 2 -2002 0
AMENDMENTS TO THE (D I :3 7-2 0 2) w. RESOLUTION OF
THE C:T TY OF MARATHON° 31-2 0 0 3 HAWK' S CAYRECE I F;V'T 0.
UNITS FROM BUCCANEER RES'ORT/PIRATES COVE V 2
CONDOMINIUMS AND 19 UNITSFROM OVERSEAS OTEL PER'
CITY OF MARATHON RESOLUTION N . 02.-0 -3.0 8. . THE
28 UNITSWERE CONFIGURED USTNG THE EQUATION
REFERENCED ED fN THE LETTER ( ) (5), FROM 1,A l OFFICES U
OF ROB RT AP AR DATED 7/28/2002 U)
The property has received 18 [affordable] ROGO Allocations through the issuance of the following building permits: 0
Date Permit Parcel Identification
Issued Number Number
07-31-2003 03200001 00378380-000000
03-12-2004 03200034 00378380-000000 _
03-12-2004 03200033 00378380-000000 N
03-12-2004 03200032 00378380-000000 ri
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03-12-2004 03200031 00378380-000000 R
07-31-2003 03200030 00378380-000000
07-31-2003 03200029 00378380-000000
07-31-2003 03200028 00378380-000000
07-31-2003 03200027 00378380-000000
07-31-2003 03200026 00378380-000000 W
07-31-2003 03200025 00378380-000000
07-31-2003 03200024 00378380-000000 X
07-31-2003 03200023 00378380-000000 i
07-31-2003 03200021 00378380-000000
07-31-2003 03200020 00378380-000000 N
07-31-2003 03200019 00378380-000000 N
07-31-2003 03200018 00378380-000000
07-31-2003 03200017 00378380-000000
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On April 8, 2003, Monroe County Building Permit 903200536 was issued in order to demolish an existing dormitory and
to replace it with a new building. The plans approved a 14 unit dormitory with a lounge and two bathrooms.
Page 4 of 11
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R.5.b
Transient Units:
The applicant is requesting recognition of 447 lawfully-established transient hotel units as being in existence on the subject
property and exempt from the ROGO permit allocation system.
As defined in LDC Section 101-1:
■ Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel room, a seasonal
residential unit, a campground space, an institutional residential use, or a recreational vehicle space.
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■ Room, hotel or motel means a unit consisting of a room or rooms in a public lodging establishment as defined by CL
F.S. § 509.013(4)(a), intended for transient lodging only for periods not exceeding 30 days. Transient occupancy
shall conform to the definition contained in F.S. §509.013(12)as to transient occupancy.For the purposes of density
restriction under this Land Development Code: .5
(1)A hotel/motel unit may be a single bedroom and P/z bathrooms or a hotel/motel unit may be a suite and Wo
may include a kitchenette but no more than 1�/z bathrooms, one bedroom and one other living area. 0
(2) All entrances to a hotel/motel unit shall share the same key or means of controlling access so that the q
hotel or motel unit as defined herein is not divisible into separately rentable units.
(3)Suites containing more than one bedroom and 1�/z baths may be constructed;however,each bedroom/full
bath combination shall be considered a hotel/motel unit.
BOCC Resolution No. 266-2002 permits the following on the subject property:
U
Total Number of Number of Number of
Transient Units Per Bedrooms Bathrooms
Development Order Permitted on Site Permitted on Site X
447
[total] 614 625.5
[including"market [including"market E
178 rate units"] rate units"]
[existing] + +
Bedrooms from 178 Bathrooms from 178
269 pre-existing units pre- existing units cN
[new] C14
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28"market rate" �I
According to the Second Amendment to Development Agreement between and among Monroe County; Summerland
Palms Investors, LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; Stock Island U
Holdings, LLC and Ocean Side Investors, LLC(BOCC Resolution No. 158-2015), 12 bedroom/bathroom development
rights were transferred from Hawks Cay to the property referred to as the Oceanside property. Following this development
order, the recognized transient rights on the Hawks Cay property are as follows:
Total Number of Number of Number of
Transient Units Per Bedrooms Bathrooms CN
Development Order Permitted on Site Permitted on Site CN
447
[total] 602 613.5 E
E
[including"market [including"market
178 rate units"] rate units"]
[existing] + +
Bedrooms from 178 Bathrooms from 178
269 pre-existing units pre- existing units
[new]
28"market rate"
Page 5of11
Packet Pg. 3292
R.5.b
Nonresidential Floor Area:
The applicant is requesting recognition of 480 square feet of nonresidential floor area on the property as being lawfully-
established and 20,400 square feet of nonresidential floor area as being vested and thereby both be exempt from the NROGO
permit allocation system.
As defined in LDC Section 101-1:
■ floor area means the sum of the gross covered and enclosed habitable areas of a building or any other
covered and enclosed structure, measured from the exterior walls or from the centerline of party walls.
As defined in LDC Section 138-47(a):
■ nonresidential floor area means the sum of the total floor area for a nonresidential building or structure, as C
defined in Section 101-1. Additionally, covered and unenclosed boat racks with three or fewer sides not °
associated with retail sales of boats are not considered nonresidential floor area. Further, the term
"nonresidential floor area" does not include space occupied by residential uses,including spaces occupied o
by a transient residential unit and an institutional-residential use as defined in Section 101-1.
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■ lawfully established ROGO/NROGO exemption means a dwelling unit or nonresidential floor area that has 0
received a permit or other official approval from the division of growth management for the units unit
and/or nonresidential floor area.
In reviewing the Land Development Regulations that were in place at the time of the original development approvals[LDRs, U
adopted by the Monroe County BOCC on February 28, 1986 and approved by the Department of Community Affairs and _'Id'
the Administration Commission of the State of Florida on July 29, 1986],it is evident that the commercial retail,restaurant, 3:
convention, and other use classifications were considered to be incidental to the principal hotel use and were not controlled
as nonresidential floor area nor subject to a maximum floor area ratio at that time [ref. LDR Sec. 9-213 and Sec. 9-309]. It
should be noted that the current Land Development Code does notprovide for the same allowances,which is further clarified
in Attachment B, Memorandum regarding the Expansion of the Marina Store. ,E
Pursuant to F.S. 380.06(7)(a), notwithstanding any provision to the contrary in any development order, agreement, local E
comprehensive plan, or local land development regulation, any proposed change to a previously approved development of ~�
regional impact shall be reviewed by the local government based on the standards and procedures in its adopted local
comprehensive plan and adopted local land development regulations,including,but not limited to,procedures for notice to
the applicant and the public regarding the issuance of development orders.However, a change to a development of regional i
impact that has the effect of reducing the originally approved height, density, or intensity of the development must be
reviewed by the local government based on the standards in the local comprehensive plan at the time the development was
originally approved, and if the development would have been consistent with the comprehensive plan in effect when the >%
development was originally approved, the local government may approve the change. If the revised development is U
approved, the developer may proceed as provided in s. 163.3167(5). For any proposed change to a previously approved J4
development of regional impact, at least one public hearing must be held on the application for change, and any change 3:
must be approved by the local governing body before it becomes effective. The review must abide by any prior agreements X
or other actions vesting the laws and policies governing the development. Development within the previously approved
development of regional impact may continue, as approved,during the review in portions of the development which are not �a
directly affected by the proposed change. CN
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Pursuant to LDC Section 138-48(a),no building permit shall be issued after September 19, 2001 that results in additional
nonresidential floor area on a site unless that nonresidential development has received a NROGO allocation award or is
determined to be exempt as provided in LDC Section 138-50.
Pursuant to LDC Section 138-49(a), the NROGO shall apply to the development of all new and expanded nonresidential
floor area, except as exempted by LDC Section 138-50, for which a building permit or other final development approval is
required.
Page 6 of 11
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R.5.b
Pursuant to LDC Section 138-50(e), landowners with a valid,unexpired development of regional impact approval granted
by the county prior to January 4, 1996, (effective date of the Comprehensive Plan)or an approved vesting determination by
the county from the nonresidential allocation requirements of this section and the Comprehensive Plan.
With respect to the text above and the provisions set forth in LDC Sections 138-48 and 138-50, all development previously
authorized under the DRI agreement and subsequent development orders shall be exempt from the NROGO. Additionally,
the retail,restaurant, convention and other uses contemplated throughout the DRI and related development orders shall be
considered incidental to the hotel use and not be counted against the permitted intensity at this time, however this shall be
further elaborated on in Attachment B.
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For the purpose of this Letter of Development Rights Determination,the Planning Director has reviewed a body of evidence C'
in order to formally account for the floor areas of incidental use that have been constructed and appear to be in existence on
the subject property.The body of evidence that has been reviewed is similar to the body of evidence that is reviewed through
the NROGO exemption process.
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A substantial number of individual building permits have been issued for this aggregated property. Various Parcel 0
Identification Numbers have been used to identify the development including the following (for the purposes of this a
document, many of the split out parcel identification numbers attributed to units under singular ownership have not been
C,
reviewed): 0
0 00378380-000000
0 00378380-000100
0 00378380-000101
0 00378381-000000 U
0 00378390-000000
Staff has conducted extensive research and notes the following building permits as being relevant and/or supporting 0 documentation of the existence of the total amount of nonresidential floor area on or about September 19, 2001 until
present time.
E
In order to obtain additional records related to issued Monroe County Building Permits, you may wish to submit a
Public Records Request.Information related to Public Records Requests can be found here:https://www.monroecounty- E
fl.gov/1036/Monroe-County-Public-Records <
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Permit No. Date Issued Description
19380 11-14-1969 Restaurant and lounge with 3,990 sf offloor area.
19606 12-29-1969 Bait& tackle shop with 3,200 sffloor area
20977 06-19-1970 Private yacht club meeting room and restaurant, 1,325 sf
of floor area.
23516 07-09-1971 New addition to hotel convention center; 4,832 s . U
B1393 08-11-1976 Restaurant located on top floor of Building C oflndies Inn A
hotel. 3:
B9750 11-23-1983 Remodel existing 5`" floor of Building C to eliminate
restaurant and add two penthouse suites.
B9751 11-23-1983 Remodel existing pool snack bar and conference center
N
B9852 01-09-1984 Remodeling ofpub restaurant N
B9903 01-25-1984 Addition to ship restaurant (same as approved above, N
Permit HB9852). Dimensional variance approved
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11/2/83.Permit notes 2,316 s uare eet enclosed area. E
90200025 01-12-1990 160 square foot steel storage unit. For storage only.
Commercial use. This structure was utilized for a dive shop
next to the marina store on site.
93204366 08-04-1993 Relocation & remodel of gift shop & exercise room. Add
partition wall & door to Capt. Suites. All wok to be done
inside the existing building(A).
Page 7 of 11
Packet Pg. 3294
R.5.b
93204885 04-06-1994 Replacement laundry building and 200 sf expansion to
main restaurant.
95200034 03-06-1995 Renovation of lobby baths and sales office
96201372 01-06-1997 Interior remodel of existing commercial sales office; no
increase ofsf allowed
98200129 10-14-1998 115 sfgatehouse.Building can be used as guardhouse only
and not considered commercial floor area. _
99202741 12-16-1998 Erect 4,998 sf clubhouse. Linked development with below,
Permit 998201071
98201071 02-11-1999 4,998 sf clubhouse for Village at Hawks Cay.
Memorandum fi^om planner states that this project was
approved as part of the amendment to the DRI and that it
was vested and not subject to NROGO. Use of the structure
is restricted to lowhnedium commercial. Note that at this
time, the remaining balance of commercial area to
expand was 5,002 square feet [at the marina area] 0
allowed per BOCC Resolution No. 335A-1996. a
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99201161 10-06-1999 Remodel existing restaurant with new canopy entrance. E
200 sf of floor area expansion permitted per BOCC Res. 0
9335A-1996[to be applied against total 5,000 commercial
expansion permitted].Note that at this time,the remaining
balance of commercial area to expand was 4,802 square
feet[at the marina area] allowed per BOCC Resolution U
U)
No. 335A-1996
99201178 03-24-2000 Construction of new conference center. Site plan notes
conference center as being 14, 365.5 sf and approval stamp
includes note `Not subject to Non-residential permit
allocation; permitted pursuant to MC BOCC Resolution 0
335A-1996 Condition 10 c " 'a
a
02201411 06-13-2002 Construction of a 1,918 sf spa not subject to commercial 0
ROGO. Note that BOCC Resolution No. 354-2001
d
relocated the remaining 4,800 square feet to be expanded N
from the marina/retail area to Development Corridor 4 ri
to provide ancillary additional club and recreational R
amenities for resort guests. At this time, the remaining
area to expand [in Development Corridor 41 would be
2,882 SF. ®a
02203006 09-06-2002 New 2,804 SF recreation center relocation...to provideCU
ancillary additional club & recreation amenities for resort U
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guests consistent with the already approved use. At this
time, the remaining area to expand [in Development
Corridor 41 would be 78 SF. X
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07203711 08-23-2007 Demolition of 3 utility storage units. Note that these
storage containers appear to have been unlawfully
established and were subject to Code Enforcement Case 9 N
CE04050077 `9°"
07203676 09-19-2007 Interior renovations (Building K3) of first floor lobby, a
adminst. offices, check in area, sales office, retail areas, E
and 2""& 3Ya floor remodel 55 rooms.Approval notes state, U
interior renovations of lobby and amenities include:
reconfiguration of existing restaurants, covered terrace,
coffee bar, library, retail, offices, reception area,
mechanical and chiller cool. No change in footprint,
therefore no need for additional NROGO Allocation.
Page 8 of 11
Packet Pg. 3295
R.5.b
Lobby area found to be accessory to hotel rooms, NROGO
exempt..."
08201558 04-30-2008 Permit approval to remodel existing kitchen for `Abnas
(formally Porto Cayo) and "The Terrace" (formally Pabn
Terrance. No change in oot Tint.
11205661 03-01-2012 Permit for interior renovations to existing commercial
building. No additional s uare oota e on this permit.
12201198 05-23-2012 Replacement of kitchen equipment, addition of kitchen exit
and new outdoor tiki bar
12202811 08-29-2012 Renovations to existing restaurant area ofBuilding I E
12203826 11-14-2012 Remodel 4 bathrooms and 2 rame walls in building 4
14203442 08-18-2014 Interior demolition work in meeting room and buildingfour
14203166 10-08-2014 Approval.for interior remodel of marina store
14203169 10-08-2014 Approval,for interior renovation of meeting rooms
4-
14204694 12-03-2014 Approval for interior remodel of existing clubhouse per
plans
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14205188 09-11-2015 Site work including entry un rovements E
12202811 Certificate of Completion issued for interior remodel to 2
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building I issued on 12-19-2012 >
14204716 05-12-2016 Replacement restaurant, approximately 8.660.68 sq. ft.
consisting of kitchen, dining area, public baths. Site plan
separate permit 914205188. According to the plans U)
submitted, this is 965.32 square feet less than the
previously existing restaurant.
M
15200218 03-03-2015 Permit approval to install receptacles for coffee machine 0
and ice cream dispensers in marina building
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Page 9 of 11
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R.5.b
"A 4#
� tyt$ nI
'C'OMM'E'RCIAL, AREA
yk
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With respect to the area of the subject property primarily referred to as the commercial marina area, pictured in the
above snapshot from the most recently approved DRI Master Plan dated December 14, 2001 [and attached as EO
Attachment C], it is evident that no other structures were approved other than those referenced in the noted building E
permits.With that being said,staff has determined that based on available documentation,the total existing commercial
marina area has a total approved floor area as detailed below: cNI
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Building Building Permit Floor Area
Common Name Reference
Marina Store 19606 3,200 SF
Dive Shop Storage 90200025 160 SF
Restaurant 14204716 8,660.08 SF U
t3
TOTAL 12,020.08 SF n
Lawfulness Determination:
i
Based on a review of the above the documents associated with the subject property, the Planning and Environmental ccl
Resources Department has determined that 18 affordable dwelling units and 28 transient dwelling units were lawfully "I
established on the property and received ROGO Allocations. 447 transient units with a total of 602 bedrooms and 613.5 a
bathrooms were lawfully established on the property and are exempt from the residential ROGO permit allocation system E
pursuant to LDC Section 138-22 and Comprehensive Plan Policy 101.3.5.
Due to the unique approvals associated with this development, it is not practical nor pertinent to determine the exact floor
areas permitted on the property in accordance with the definitions set forth in the current code as all were approved as being
incidental to the hotel use and not documented with the level of detail currently used. Rather, staff shall utilize this
information to determine the areas left for expansion, as authorized under the DRI and subsequent approvals. With that
being said, there is a total of 965.32 square feet available for expansion in the area referred to as the commercial
Page 10 of 11
Packet Pg. 3297
R.5.b
marina area, an additional 78 square feet available for commercial expansion in Development Corridor 4, and an
additional 634.5 square feet of available floor area to expand the convention facilities.
This letter does not provide any vesting to existing regulations. The replacement dwelling units and any new accessory
structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan
at the time of development approval. Furthermore, if the ROGO-exempted development is not replaced, but substantially
improved as defined in the Monroe County Code, such development must be brought into compliance with all applicable
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regulations. �
C,
You may appeal any decision,determination or interpretation set forth in this letter pursuant to Monroe County Code Section
102-185.A notice of appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West,
Florida 33040, within 30 calendar days from the date of this letter. In addition, please submit a copy of your notice of
appeal to the Planning Commission Coordinator,Monroe County Planning and Environmental Resources Department,2798
Overseas Hwy, Suite 410,Marathon, Florida 33050. 0
We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may
further assist you with your project,please feel free to contact our Marathon office at(305) 289-2500. C
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Sincerely,
Emily Schemper, AICP, CFM 3:
Senior Director of Planning and Environmental Resources
0
cc: Devin Tolpin,Principal Planner
E
ATTACHMENTS:
E
1. Hawks Cay Development Relevant Prior County Actions <
2. Memorandum-Future Development at Hawks Cay Guidelines N
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3. DRI Master Plan dated December 14, 2001 R
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Page 11 of 11
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MEMORANDUM
E
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
.,
From: Emily Schemper, AICP, CFM, Senior Director of Planning &Environmental Resource`"
Date: July 5, 2022 0
Subject: LDRD File#2022-044 ATTACHMENT B, Future Development at Hawks Cay Guidelines E
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1 I PURPOSE
2
U
3 The purpose of this memorandum is to serve as a guiding document concerning future development at the U)
4 property commonly known as Hawk's Cay. This document is supplemental to the Letter of Development
5 Rights Determination dated July 5, 2022 (File#2022-044).
6 0
7 The subject property is located within the Destination Resort(DR)Land Use(zoning)District.The existing
8 development was approved as a Major Development Approval and Development of Regional Impact(DRI),
9 which were subsequently amended through various development orders, a 2002 settlement agreement, and
10 a 2004 build-out agreement[see LDRD Attachment A for list of prior County actions and pertinent details].
11 <
12 II EXISTING DEVELOPMENT
13 0
14 The existing development consists of a hotel with convention space, restaurants, commercial retail stores,
15 ancillary hotel uses, and employee housing. In accordance with the prior development orders and Monroe
16 County Land Development Code (LDC) Section 110-81(c)(2),the current use of the property requires, and E
C,
17 is deemed to have, a major conditional use permit approval [per requirements of the DR zoning district]. 2
18 Changes to the site plan shall be reviewed under the process requirements of LDC Section 110-73 —
19 Development Under an Approved Conditional Use Permit, and per the DRI and Settlement Agreement
20 requirements stated below.
i
21
22 III FUTURE EXPANSION
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23 CN
24 As described in the Settlement Agreement(Case No. CA-M-02-108), there shall be no increase in guest `N
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25 units, hotel staff quarter units, affordable housing, or any other residential or living quarters at the iz
26 Hawks Cay DRI beyond what has been previously approved,and is already in lawful existence at the time
27 of this letter. In addition to the requirements for conditional use permit approval, any proposed increase
28 in guest units,hotel staff quarter units,affordable housing,or any other residential or living quarters
i
29 will require an amendment to the Settlement Agreement with approval by all parties to the original
30 agreement. Z
31
32 The July 5, 2022 LDRD and Attachments A and C thereto document the approved and existing
33 development, noting that there is currently a total of 965.32 square feet available for expansion in the
34 area referred to as the commercial marina area,an additional 78 square feet available for commercial
35 expansion in Development Corridor 4,and an additional 634.5 square feet available for expansion of
36 the convention facilities. These expansions could be permitted as of right through the Monroe County
37 Building Permit application process. In addition to the requirements for conditional use permit approval, �E
38 any future development and/or expansion beyond the square footage stated above shall be in
Attachment B
Memorandum Concerning Future Development at Hawks Cay Page 1 of 4
Packet Pg. 3304
R.5.d
I compliance with the current Land Development Code and Comprehensive Plan, and shall require
2 approval by the Monroe County Board of County Commissioners (BOCC), at a duly noticed public
3 hearing, of a change to the DRI.
4 E
5 Pursuant to LDC Section 110-76, notwithstanding anything contained in this article or elsewhere in this ra
6 Land Development Code, when a conditional use is also a Development of Regional Impact...the final 0
7 development approval, and the approval of any deviations therefi^om, shall be reserved to the BOCC as
8 provided by general law. 4-
9 0
10 Pursuant to Florida Statute Section 380.06(7)(a) Notwithstanding any provision to the contrary in any
11 development order, agreement, local comprehensive plan, or local land development regulation, any E
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12 proposed change to a previously approved development of regional impact shall be reviewed by the local 2
0
13 government based on the standards and procedures in its adopted local comprehensive plan and adopted >
14 local land development regulations, including, but not limited to,procedures for notice to the applicant
15 and the public regarding the issuance of development orders. However, a change to a development of
16 regional impact that has the effect of reducing the originally approved height, density, or intensity of the U)
17 development must be reviewed by the local government based on the standards in the local comprehensive
18 plan at the time the development was originally approved, and if the development would have been X
19 consistent with the comprehensive plan in effect when the development was originally approved, the local 0
20 government may approve the change. If the revised development is approved, the developer may proceed a
21 as provided in s. 163.3167(5). For any proposed change to a previously approved development of regional
22 impact, at least one public hearing must be held on the application for change, and any change must be a
23 approved by the local governing body before it becomes effective. The review must abide by any prior 0
24 agreements or other actions vesting the laws and policies governing the development. Development within
25 the previously approved development of regional impact may continue, as approved, during the review in 0
26 portions of the development which are not directly affected by the proposed change. E
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27
28 The guidelines above are based on the current Monroe County LDC and Florida Statutes (2021). Changes
29 to the LDC and/or Florida Statute may affect the process required to make changes to the development plan
30 on the subject property. 0
31
32 IV CURRENT PROPOSAL
33
34 On January 6, 2021, the property owner submitted Building Permit application number 21200005 for
35 redevelopment of the Marina Store building, which is in the "commercial marina area." The permit states
36 that the existing store building contains 5,481 square feet of area, and proposes an expansion of 1,482 CN
37 square feet. As stated above, 965.32 square feet is currently available for expansion, plus 160 square feet N
38 associated with the "dive shop" which is no longer in existence, for a total of 1,125.32. The proposed
39 expansion of 1,482 square feet exceeds this available square footage by 356.68 square feet.
40
41 Per the DRI, an additional 712.5 square feet is available for expansion in Development Corridor 4 (78
42 square feet) and at the convention facilities (634.5 square feet). If these areas were relocated to the
43 commercial marina area,they would provide more than enough square footage to cover the proposed 1,482
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44 square foot expansion.
45 X
46 One additional issue regards the purported existing square footage of the Marina Store building. Although
47 Building Permit application number 21200005 states that the existing Marina Store contains 5,481 square
48 feet of area, per the July 5, 2022 LDRD, the Marina Store is only recognized to contain 3,200 square feet
49 of existing area per County records. Therefore, the Marina Store is currently nonconforming to the DRI.
50 E
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Attachment B
Memorandum Concerning Future Development at Hawks Cay Page 2 of 4
Packet Pg. 3305
R.5.d
I Consistent with the guidelines stated in Section III of this memo, above, a change to the DRI to increase
2 and/or relocate approved square footage must be approved by the BOCC at a noticed public hearing. In
3 order to issue Building Permit 21200005, the BOCC must approve a change to the DRI at a public C,
4 hearing,which incorporates the following: E
5
6 1. Recognition of the nonconforming square footage currently existing at the Marina Store. 0
7 2. Relocation of some/all of the square footage available for expansion elsewhere in the DRI
8 development(712.5 square feet)to the commercial marina area for expansion of the Marina Store. 4-
9 0
10 Breakdown of square footage for potential Building Permit 21200005 approval:
11 E
C,
Marina Store Amount Approval required 2
Existing square footage 3,200 sf Recognized in July 5, 2022, LDRD >
Existing square footage to be 2,281 sf Requires recognition through change
recognized as nonconforming to DRI by BOCC at a public hearing U)
to DRI (5,481 —3,200=2,281)
Dive shop(no longer exists) 160 sf Recognized in July 5, 2022, LDRD 0
square footage
Square footage currently 965.32 sf Recognized in July 5, 2022, LDRD
available per DRI for
expansion at commercial
marina area 0
E
Square footage currently 356.68 sf needed to satisfy Requires approval of change to DRI
available per DRI if relocated permit 21200005 proposal by BOCC at a public hearing
to commercial marina area E
C,
(up to 712.5 sf available) 2
a�
Potential total square 6,963 sf a�
footage with BOCC i
approval (up to 7,318.82 if all sf
relocated) CN
12 Q
13 On March 10,2022,the owner submitted an application for a minor deviation to the conditional use permit
14 to obtain approval for the Marina Store expansion.Per the LDRD and the guidelines established above,the U-
15 expansion will not trigger the need for a deviation to the conditional use permit,but will require approval
16 by the BOCC, at a public hearing, of the change to the DRI. Per Resolution 346-2018 which establishes
17 fees for Planning & Environmental Resources Department applications, this minor change to the DRI can i
18 be processed for a fee of$850.00 for the BOCC hearing plus $245 for newspaper advertisement, and$3.00
19 per property owner within 600 feet of the development for mailing of notices. Application fees already
20 submitted for the minor deviation can be applied to the DRI change, and any difference due to/from the 2
21 applicant shall be refunded/paid accordingly. U
22
23
d
24
25 You may appeal any decision, determination or interpretation set forth in this memo pursuant to Monroe
26 County Code Section 102-185. A notice of appeal must be filed with the County Administrator, 1100 E
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Attachment B
Memorandum Concerning Future Development at Hawks Cay Page 3 of 4
Packet Pg. 3306
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I Simonton Street, Gato Building, Key West, Florida 33040, within 30 calendar days from the date of this
2 letter. In addition,please submit a copy of your notice of appeal to the Planning Commission Coordinator,
3 Monroe County Planning and Environmental Resources Department, 2798 Overseas Hwy, Suite 410, CL
4 Marathon, Florida 33050. E
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Attachment B
Memorandum Concerning Future Development at Hawks Cay Page 4 of 4
Packet Pg. 3307
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3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 RESOLUTION NO. -2022
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS APPROVING A CHANGE (AMENDMENT) TO A
12 DEVELOPMENT OF REGIONAL IMPACT (DRI), INCLUDING THE
13 RELOCATION OF EXISTING SQUARE FOOTAGE AVAILABLE FOR
14 EXPANSION FROM DEVELOPMENT CORRIDOR 4 AND THE CONVENTION
15 FACILITIES TO THE COMMERCIAL MARINA AREA AND RECOGNITION
16 OF NONCONFORMING SQUARE FOOTAGE IN ORDER TO REDEVELOP
17 AND EXPAND THE MARINA STORE LOCATED AT THE DEVELOPMENT 4-
18 SITE COMMONLY KNOWN AS HAWKS CAY. THE SUBJECT PROPERTY IS
a
19 DESCRIBED AS A PARCEL OF LAND IN SECTION 21, TOWNSHIP 65 SOUTH,
20 RANGE 34 EAST, DUCK KEY, MONROE COUNTY, FLORIDA, CURRENTLY 0
21 BEARING PROPERTY IDENTIFICATION NUMBERS 00378390-000000,
22 00378380-000000,AND 00378380-000102.
23
24 U
25 WHEREAS, on December 5, 1986, after a public hearing,the Monroe County Board of County
26 Commissioners("BOCC")adopted Resolution No. 365-1986,a development order issued under Chapter
27 380, Florida Statutes ("F.S."), for a Development of Regional Impact("DRI")known as the Hawks Cay 0
28 Expansion DRI; and
29
30 WHEREAS, the Monroe County BOCC approved amendments to the DRI and Major
31 Development pursuant to several resolutions thereafter, more particularly bearing resolution numbers
32 335A-1996, 086-1998, 616-1999, 354-2001, 037-2002, 266-2002, and 563-2003; and
33
34 WHEREAS, the Monroe County BOCC approved the Agreement for the Build Out of Hawks
35 Cay (`Build-Out Agreement")pursuant to Sections 380.032 and 380.06(15)(g), F.S. (2003); and 0
36
37 WHEREAS, it has been conclusively determined by Monroe County, through the Senior
38 Director of the Monroe County Planning and Environmental Resources, that there is a total of 965.32
39 square feet of available accessory floor area to expand in the commercial marina area, an additional 78
40 square feet of available accessory floor area to expand in Development Corridor 4, and an additional
41 634.5 square feet of available accessory floor area to expand the convention facilities as memorialized
42 through an unappealed Letter of Development Rights Determination ("LDRD") dated July 5, 2022; and
43
44 WHEREAS, there is a total of 2,281 square feet of nonresidential floor area existing in the
45 commercial marina area that is nonconforming to the DRI; and
46
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I WHEREAS, the 2,281 square feet of nonresidential floor area that is nonconforming to the DRI
2 cannot be redeveloped or transferred to another location within the Hawks Cay DRI or off-site to any
3 other location within or outside of the subject DRI; and
4
5 WHEREAS, pursuant to Section 380.06(7)(a), F.S. (2021), "Notwithstanding any provision to
6 the contrary in any development order, agreement, local comprehensive plan, or local land development
7 regulation, any proposed change to a previously approved development of regional impact shall be
8 reviewed by the local government based on the standards and procedures in its adopted local
9 comprehensive plan and adopted local land development regulations, but not limited to, procedures for
10 notice to the applicant and the public regarding the issuance of development orders. However, a change
11 to a development of regional impact that has the effect of reducing the originally approved height, a
12 density, or intensity of the development must be reviewed by the local government based on the
13 standards in the local comprehensive plan at the time the development was originally approved, and if CL
14 the development would have been consistent with the comprehensive plan in effect when the
15 development was originally approved, the local government may approve the change. If the revised
16 development is approved, the developer may proceed as provided in s. 163.3167(5). For any proposed
17 change to a previously approved development of regional impact, at least one public hearing must be
4-
18 held on the application for change, and any change must be approved by the local governing body before
19 it becomes effective. The review must abide by any prior agreements or other actions vesting the laws
20 and policies governing the development. Development within the previously approved development of C.
21 regional impact may continue, as approved, during the review in portions of the development which are
22 not directly affected by the proposed change."; and
23
24 WHEREAS, pursuant to Monroe County Land Development Code ("LDC") Section 110-76, U
25 "Notwithstanding anything contained in this article or elsewhere in this Land Development Code, when
26 a conditional use is also a Development of Regional Impact or is to be the subject of a Development
27 Agreement under the Florida Local Government Development Agreement Act (F.S. Section 163.3220 0
28 et seq.)the final development approval, and the approval of any deviations therefrom, shall be reserved
29 to the BOCC as provided by general law."; and
30
31 WHEREAS, the subject request constitutes a proposal for a change to the DRI that is consistent
32 with the adopted policies and procedures of the Land Development Code, Comprehensive Plan, and
33 Florida Statutes; and
34
35 WHEREAS, at a regularly scheduled meeting held on August 17, 2022, the Monroe County 0
36 Board of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed W
37 public hearing and, the BOCC having considered and basing its judgment upon the professional staff
38 report attached to the BOCC agenda item for the public hearing item from which this Resolution springs,
39 and the concomitant recommendation thereto, and having provided for public comment and participation
40 in accordance with the requirements of law and the procedures adopted for public participation in the
41 planning process;
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
45
46 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct and are
47 hereby incorporated as if fully set forth herein and the entirety of the record has been considered.
48
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I Section 2. The change proposed to the Development of Regional Impact is consistent with the
2 adopted policies and procedures of the Monroe County Land Development Code,Monroe County
3 Comprehensive Plan, and Section 380.06(7)(a), Florida Statutes.
4
5 Section 3. A total of 712.5 square feet of floor area available for expansion is hereby relocated
6 from Development Corridor 4 (78 square feet) and the Convention Facilities (634.5 square feet)
7 to the Commercial Marina area.
8
9 Section 4. A total of 2,281 square feet of nonresidential floor area in the Commercial Marina
10 area is hereby recognized as nonconforming to the approved DRI and shall be available for
11 redevelopment of the marina store as proposed by building permit number 21200005,but cannot
12 be redeveloped or transferred to another location within the Hawks Cay DRI or off-site to any
13 other location within or outside of the subject DRI. C.
14
15 Section 5. Construction and Interpretation. This resolution is necessary for the health, 29=
16 safety, and welfare of the residents of and visitors to the county. This resolution and its
17 interpretation shall be liberally construed and enforced in favor of Monroe County to effectuate
4-
18 its County public purpose(s). The construction and interpretation of this resolution and all Monroe
19 County Comprehensive Plan provision(s), Florida Building Code, Florida Statute, and Monroe
20 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in C.
21 connection with this resolution shall be liberally construed and enforced in favor of Monroe 6
22 County and such construction and interpretation shall be entitled to great weight in adversarial
23 administrative proceedings, at trial, bankruptcy, and on appeal. To the extent of any conflict
24 within one or more part(s),portion(s), or section(s)within this Resolution and to the extent of any is
25 conflict within any part(s), portion(s), or section(s) of this Resolution vis-a-vis any prior
26 agreement of any kind,approval,development order,development permit, letter of understanding,
27 or letter of development rights determination, the more restrictive is deemed to be controlling. 0
28
29 Section 6. No Liability. Monroe County expressly reserves and in no way shall be deemed
30 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
31 governmental, and any other similar defense,immunity, exemption, or protection against any suit,
32 cause-of-action, demand, or liability.
33
34 Section 7. Non-Reliance by Third-Parties. No person or entity shall be entitled to rely upon
35 the terms, or any of them, of this resolution to enforce or attempt to enforce any third-party 0
36 claim(s) or entitlement(s)to or benefit(s) of any term(s) contemplated hereunder. W
37
38 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is
39 held to be invalid or unenforceable by any administrative hearing officer or court of competent
40 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
41 shall neither limit nor impair the operation, enforceability, or validity of any other provision of
42 this resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this
43 resolution, and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and
44 effect.
45
46 Section 9. This Resolution shall take effect upon its adoption.
47
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a duly noticed public hearing held on the 171h day of August, 2022.
3
4 Mayor David Rice
5 Mayor Pro Tem Craig Cates
6 Commissioner Michelle Coldiron
7 Commissioner James K. Scholl
9 Commissioner Holly Merrill Raschein
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
13 By: CL
14 MAYOR DAVID RICE
15
16 O ROE OOP. Y TTOR
17 Ra TO FORM
18 (SEAL) � �° �� �.�,�, 0
19 ATTEST: KEVIN MADOK CLERK rE
. ..ORRIS
20 ASSISTANT COUNTY ATTORNEY C
21 Date. 1 22
22 By:
23 AS DEPUTY CLERK
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• Location: M M 611 Duck Key
• Parcel ID Numbers:The subject property consists of several parcels, assessed under the three primary Parcel
Identification Numbers 00378390-000000, 00378380-000000, and 00378380-00102
with additional Parcel Identification Numbers attributed to individual dwelling units
under separate ownership(s).
• Size of Affected Portion of Property: 2,561,328 SF (58.8 acres).
• FLUM Designations: Mixed Use / Commercial (MC)
• Land Use Districts: Destination Resort (DR)
• Tier Designation: III (i nfi I I area)
DEVELOPMENT OF REGIONAL
f
M PACT.
r
The existing development, which consists of a hotel
, , a I with convention space, restaurants, commercial retail
Sf ;�;, � � �.�y �1 � stores, ancillary hotel uses, and employee housing,
"'C �� � was approved as a Major Development Approval and
al
�, � � Development of Regional Impact (DRI), which were
subsequently amended through various development
orders, a 2002 settlement agreement, and a 2004
build-out agreement.
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On July 5, 2022, Monroe County issued a Letter of Development Rights Determination that provided the following:
• 18 affordable dwelling units and 28 transient dwelling units were lawfully established on the property and received ROGO
Allocations.
• 447 transient units with a total of 602 bedrooms and 613.5 bathrooms were lawfully established on the property and are
exempt from the residential ROGO permit allocation system pursuant to LDC Section 138-22 and Comprehensive Plan Policy
101.3.5.
• Due to the unique approvals associated with this development, it is not practical nor pertinent to determine the exact floor
areas permitted on the property in accordance with the definitions set forth in the current code as all were approved as
being incidental to the hotel use and not documented with the level of detail currently used. Rather, staff shall utilize this
information to determine the areas left for expansion, as authorized under the DRI and subsequent approvals.
• With that being said, there is a total of 965.32 square feet available for expansion in the area referred to as the
commercial marina area, an additional 78 square feet available for commercial expansion in Development Corridor 4, and
an additional 634.5 square feet of available floor area to expand the convention facilities.
■ , ■
• On January 6, 2021, the property owner submitted Building Permit application number 21200005 for the redevelopment of
the Marina Store building, which is in the "commercial marina area."
• Pursuant to the LDRD, 965.32 square feet is currently available for expansion, plus 160 square feet associated with the "dive
shop" which is no longer in existence, for a total of 1,125.32 within the "Commercial Marina Area";
• The proposed redevelopment includes an expansion of approximately 1,482 square feet, which exceeds the available square
footage in the "commercial marina area"by 356.68 square feet;
• Pursuant to the LDRD, an additional 78 square feet is available for expansion in Development Corridor 4 and 634.5 square
feet is available at the convention facilities.
• Pursuant to the LDRD, the existing Marina Store is recognized to contain 3,200 square feet and is currently nonconforming
to the DRI.
Additions,are set forth below in �:floe and deletions are set forth III Red.
Resolution No. 3615.1986: the 1986 DRI Development Order: as,pre-viously amended, for
the Haw k-s Cay Expansion DRI. shall be ftuther amended as,fbllOw&::
1. Add two new "'WHEREAS" clauses Milmediately after the sixth. "WHEREAS"
clause as follows:
wNIFI Cell A iNIIanita �oTe 1,,�wc,wd Ui ,' ivaen�Wl lwti�i ezIS IIeCCwRjI2Ize(I as, fa,,Ing 229 1 sqaan:� R TI(YTI: I 2"Mle�lft�a�f"'�xvrn I
floo ainfall 11131"' Q d,lzed the Maging i:ijd
k,�!,ant flae wi�llzafi���n �,xftlgt gn stgg sguwe Fbo�aRt,
V�,TET"J'A:S, tJi:e :&2J
and I, plw xf P14 KI2112!y gj2P9xvvIe"J 11�1'CMII leslde,Ritkal
II)e,,,r �(Mp ii nt::�,,i,t -1 and Ylli corv,'ell)tD')rld fi'lcgfit�I'es �61;-tli'le
MWIqlia
2. Add condition 9-1 n, as follows:
I'llit, jpte',Yo lfly tqqxx)ved roll flvo, ,'�nra nity qA ['� Irsrenvd
and �:itdlzed in the Conunerk Iay Ma�iruia,/kvea.:
a �2xc�eed4%w r 6 sqwu)e 15 et
v&;��Aendla 5D,oi atea.: cxi,ried]y ap,PIPCP'oe,d I,]!,tl!ii
M, ffit Vfanna alad
..............
L Up �O 634, 5 sqwlie ket
• IM'Idenha li4 F,1 dtca
100a< kpe aind t�tNfized M ffie a a liai�n a kvea
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MASTER DEVELOPMENT PLAN
wwd,wr«tira ur e az>. a.u.wa^ezw.,6 wE PLAN
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vu uraa w ,'r"'"` wn%wi'�,„" "'"Y : v n° w'".:�"u;'if'� "' .,cMuN .tr `a� .v R •.M^ Cb ASSOCIATES,AgoVa C
. ,„ �,• ar �.�^ "• dares v,^,A,✓'"n Iwartv '` utaW ti ,""u 'X^ `' "ap+r'd4pp• `tl}µ s;rv.,"�'Nr +^' x� w«,.a^
.0a �4 M µn t,� \ ,,:,.,'„:+:...,,.»..�.. me..µ»d,e ." 'IW � 4• ^"� "'.` .,,....._ - �,........�.,... r
-----------------
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Relocate to Commercial Marina. ..
.� '+� 2 wrxae auaxxenan�r „
,
78 sf from Development Corridor 4
Fd a N
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634.5 sf from Convention Facilities °" " y �a w� �
s
Recognize existing 2,281 sf as nonconforming ��Oe �