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12/08/1999 Agreement lDannp 1.. 1So1bage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD SlREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: December 30, 1999 TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner, Executive Assistant Growth Management Division Pamela G. Hancock ~ Deputy Clerk ~ FROM: At the December 8, 1999, Board of County Commissioner's Meeting the Board adopted Resolution No. 616-1999 approving amendments to the Development of Regional Impact (DRI), Development Order, Resolution No. 365-1986, and modifications to the Master Development approval for the Hawk's Cay expansion DR!. Enclosed are four (4) certified copies ofthe subject Resolution for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File RESOLUTION NO. 616 -1999 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING ADMENDMENTS TO THE DEVELOPMENT OF REGIONAL IMPACT (DRI), 4j)EVELOPMENT ORDER, RESOLUTION NO. 365-1986, AND ~ dtlODIFICATIONS TO THE MASTER DEVELOPMENT APPROVAL ~.':~OR THE HAWK'S CAY EXPANSION DRI; PROVIDING AN <.> ~ a:~FECTIVE DATE. ::C_::::> o ...i,~~ Cl"3 >-~w e ;%:rl~ C2a = v6FtEiti=AS, 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 c. 0:: .,elI o ,- u'~ w :c 0:: 0- 0:: o \J- o W ...J - u.. 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, and February 23, 1998, the Monroe County Board of County Commissioners approved amendments to the DRI and Major Development in Resolution Nos. 335A-1996 and 086-1998, respectively; and WHEREAS, on August 20, 1999, Hawk's Cay Investors, Limited, Hawk's Cay Developer's Limited and the Village at Hawk's Cay, Inc. (hereinafter Applicant) 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 and make non-substantial deviations pursuant to Section 380.06(19), F.S.; and Page 1 of 4 Hawks Cay DRI/BOCC Resolution Initials WHEREAS, on August 20, 1999, the Applicant also filed an application for modifications to the 1986 Major Development (hereinafter modifications), as previously amended; and WHEREAS, during the review process, the Monroe County Planning Commission, after due notice and public participation in the hearing process, has reviewed the proposed amendments and modifications to the DRI and Major Development; and WHEREAS, on October 7, 1999, the Planning Commission recommended approval of the proposed changes and modifications to the DRIIMajor Development; 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.; and WHEREAS, the public notice requirements of Monroe County and Section 380.06(19)(f)3, F.S., for consideration of the proposed changes have been met; and WHEREAS, the Board has reviewed the above referenced documents, the related recommendations of the Monroe County Planning Commission, as well as all related testimony and evidence submitted 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 Section 380,06(19), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE 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 pursuant to Section 380.06(19), F.S. Page 2 of 4 Hawks Cay DRI/BOCC Resolution Initials Section 2. Resolution No. 365-1986, the 1986 DRI Development Order, as previously amended, for the Hawk's Cay Expansion DRI, shall be further amended as follows: (New Language is underlined; deleted language is dri~k8r:1 through) Amendments to Resolution No. 365-1986, as amended 1. Substitute Revised Master Development Plan dated August 18, 1999, attached hereto for the December 1, 1997 Revised Master Development Plan, attached to the Development Order as Exhibit 1 and referenced in Condition 1.12. 2. 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 G2 to the Hawk's Cay Expansion Project Community Impact Statement, updated May 20, 1997, or submitted as Supplemental Attachment G2 with the Notifications of Proposed Change to the Hawk's Cay DRI dated December 1997 and August 18, 1999. Section 3. The Major Development modifications, including the site development plan, as proposed by the Applicant on August 20, 1999, are also approved. Section 4. The 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 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 Department of Community Affairs and the South Florida Regional Planning council within 10 days of its adoption by the Board. Page 3 of 4 Hawks Cay DRI/BOCC Resolution Initials Section 6. The Applicant shall record a notice of this Resolution pursuant to Section 380.06(15), F.S. Section 7. 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 of the Board held this 8th day of December, AD, 1999. Mayor Freeman Yes Mayor Pro Tern Neugent Yes Commissioner Harvey Yes Commissioner Reich Yes Yes Commissioner Williams /'" /-/ l ' '" BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: cJ'~-F~ MAYOR/CHAIRMAN , ' , " \ I"" -.. \ """I (SEAL). 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