Resolution 616-1999
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),
..,J)EVELOPMENT ORDER, RESOLUTION NO. 365-1986, AND
.'t5 ;lt10DIFICATIONS TO THE MASTER DEVELOPMENT APPROVAL
~~R THE HAWK'S CAY EXPANSION DRI; PROVIDING AN
c5a:~FECTIVE DATE.
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= v6AEffi: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
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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
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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 DRl/Major 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.
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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 &:triQk&R 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 1997and
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.
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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
Mayor Pro Tern Neugent
Commissioner Harvey
Commissioner Reich
Commissioner Williams
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
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(SEAL)
. . ATTEST: DANNY KOHLAGE, CLERK
MAYOR/CHAIRMAN
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UTY CLERK
BY
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