Resolution 354-2001
RESOLUTION NO. 354 -2001
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA,
APPROVING AMENDMENTS TO THE DEVELOPMENT
OF REGIONAL IMP ACT (DRI) DEVELOPMENT ORDER,
RESOLUTION NO. 365-1986, AND MODIFICATIONS TO
THE MAJOR DEVELOPMENT APPROVAL FOR THE
HAWK'S CAY EXPANSION DRI; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on December 5, 1986, after a public hearing, the Momoe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DRI) known as
the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Momoe County Zoning Board recommended that the
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Board approve the amendments to the DRI and Major Development for the Hawk's Cay Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; and December 8, 1999; the Momoe
County Board of County Commissioners approved amendments to the DRI and Major Development
in Resolution Nos. 335A-1996, 086-1998, and 616-1999, respectively; and
WHEREAS, on June 15,2001, Hawk's Cay Investors, Limited, and Hawk's Cay Developers,
Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section
380.06(19)(e)2., F.S. to the 1986 DRI Development Order, as amended, by filing a Notice with
Momoe County, the South Florida Regional Planning Council, and the Department of Community
Affairs in accordance with Section 380.06(19), F.S,; and
WHEREAS, the Applicant proposes to revise the DRI master plan for the DRI as approved to
remove certain "Commercial Expansion" building footprints shown on the plan; and
WHEREAS, on June 15,2001, the Applicant also filed an application for modifications to the
1986 Major Development (hereinafter modifications), as previously amended; and
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WHEREAS, during the review process, the Monroe County Planning Commission, after due
notice and public participation in the hearing process, reviewed the proposed amendments and
modifications to the DR! and Major Development; and
WHEREAS, on August 8, 2001 the Planning Commission recommended approval of the
proposed changes and modifications to the DR! and 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 DR!, in accordance with
Section 380.06, F.S. (2000); and
WHEREAS, the public notice requirements of Monroe County for consideration of the
proposed change have been made; and
WHEREAS, the public was afforded an opportunity to participate in the public hearing and all
parties were afforded the opportunity to present evidence and argument on all issues: and
WHEREAS, the Board has reviewed the above referenced documents, the related
recommendations of the Planning Commission, as well as all related testimony and evidence
submitted by the parties and members ofthe general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The changes proposed by the Applicant in its DR! notification do not constitute a
substantial deviation pursuant to Section 380.06(19), F.S.
Section 2. Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DR!, shall be further amended as follows:
(New language is underlined; deleted language is stricken through)
Amendments to Resolution No. 365-1986. as amended
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1. Substitute revised Master Development Plan dated June 12. 2001. attached hereto for the
August 18. 1999 revised Master Development Plan. attached to the Development Order as
Exhibit One and referenced in Condition 1.12.
Section 3. The Major Development modifications, including the revised Master
Development Plan dated June 12, 2001, as proposed by the Applicant on June 12, 2001, are also
approved.
Section 4. Those provisions of the DR! 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 South Florida Regional
Planning Council, and the Florida Department of Community Affairs within 10 days of its adoption
by the Board.
Section 6. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 7. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners
Florida, at a regular meeting held on the 19th day of September, 2001.
MAYOR George Neugent
Mayor Pro Tern Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles "Sonny" McCoy
of Monroe County,
yes
yes
yes
yes
yes
BO~F COUNTY COMMISSIONERS OF
MONR COUNTY, FLeA VL_ ~ d-
By: ~. I~~
MAYOR CHAIRMAN
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