Resolution 335A-1996
Plannin~l Department
RESOLUTION NO, 335A-1996
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENTS TO THE
DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER, RESOLUTION NO. 365-
1986, AND MODIFICATIONS TO THE MAJOR
DEVELOPMENT APPROVAL FOR THE HAWK'S
CAY EXPANSION DRI; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, on December 5, 1986, after a public hearing, jhe ~nro~
County Board of County Commissioners, (Board) adopted f~esolution N83 36~,
1986, a Development Order issued under Chapter 380, FloridaStatute~.S.~
for a Development of Regional Impact (DRI) known as the Hawk's C9l;
Expansion DRI; and ~ G'
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WHEREAS, on September 24, 1986, the Monroe County Zoning Boafa'
recommended that the Board approve the amendments to the DRI and Major
Development for the Hawk's Cay Resort; and
WHEREAS, on June 6, 1995, Hawk's Cay Investors, Limited, and Hawk's
Cay Developers, Limited, the owner and developer (hereinafter Applicant),
proposed changes to the 1986 DRI Development Order 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), F.S.;
and
WHEREAS, on March 6 and August 20, 1996, the Applicant submitted
revisions to the proposed DRI changes in the pending Notification; and
WHEREAS, on August 10, 1995, Hawk's Cay Investors, Limited, also filed
an application for modifications to the 1986 Major Development approval
(hereinafter modifications), which was further revised by the Applicant by
supplemental information submitted December 12,1995, May 29, 1996, and July
26,1996;and
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WHEREAS, the ORI Notification proposes to revise the DRI master plan
for the DRI as approved in Resolution No. 365-1986 and extend the buildout and
termination date of the DRI pu'rsuant to Section 380.06(19)(c), F,S, (1995); and
WHEREAS, the Planning and Environmental Resources Departments
have reviewed the proposed amendments to the DRI and modifications of the
Major Development and recommended approval with conditions of the concept
site plan and recommended denial of the request for time extension of the
project, as presented in staff report dated July 8, 1996, and updated on
September 3, 1996; 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 recommendations of the Planning and Environmental
Resources Departments; and
WHEREAS, the Planning Commission at its meeting of September 5,
1996, made findings of fact and conclusions of law that recommended approval
of the modifications to the Major DevelopmenUDRI and extension of the project
termination date from January 25, 1997, to January 20, 2004; and
WHEREAS, on September 5, 1996, the Planning Commission granted a
variance to the Applicant in meeting the minimum sideyard setback requirements
of Section 19-79 of the Monroe County Code in effect prior to September 16,
1986; 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. (1995); and
WHEREAS, the public notice requirements of Monroe County and
Section 380.06(19)(f)3, F.S. (1995), for consideration of the proposed changes
have been met; and
WHEREAS, on September 18, 1996, the Board held a duly noticed public
hearing on the DRI Notification and has heard and considered the testimony and
documents received therein; 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 submit rebuttal evidence on the subject
Notification before the Board; and
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WHEREAS, the Board has reviewed the above referenced documents,
the related recommendations of the Monroe County Planning Commission dated
September 5, 1996, as, well as all related testimony and evidence submitted by
the parties and members of the general public; and
WHEREAS, Board of County Commissioners has duly considered the
findings of fact and conclusions of law contained in Planning Commission
Resolution dated September 5, 1996, and adopts these findings of fact and
conclusions of law as its own; 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, (1995);
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The changes proposed by the Applicant in its DRI
notification do not constitute a deviation pursuant to Section 380,06(19), F.S.
(1995).
Section 2. Resolution No. 365-1986, the 1986 DRI Development Order
for the Hawk's Cay Expansion DRI, shall be further amended as follows:
(New Language is underlined; deleted language is SW:oKeA through)
Amendments to Resolution No, 365-1986
1. Revise the third "WHEREAS" clause as follows:
WHEREAS, Hawk's Cay Resort as proposed iR-the /\D^ when
completed will be a hotel type destination resort consisting of ~ 447
hotel suites, conference facilities, retail areas, restaurants and
recreational facilities on approximately 94 58,8 acres of land located in
unincorporated Monroe County, Florida on Indies Islands at Duck Key,
and;
Amendments to Attachment A. General and.
Special Conditions of Development
2. Revise Condition 1.3(b) as follows:
The Project buildout. DRI termination and DRI development order
expiration date for completing development shall be ten (10) years from
the effective date of the development order January 20, 2004, provided
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that the Applicant, .or its successors and assigns, complies with the terms
and conditions of this Development Order. +ffi.s. Thes~ termination date.s.
may only be modified in accordance with Section 380,06(19), Florida
Statutes, (1986) (1995). Consistent with prior County Determinations
concerning the original buildout date. these dates also shall govern the
related Hawk's Cay Major Development Approval.
3. Revise Condition 1.7 as follows:
The County Attorney, upon recommendation of the oo~ing offici31
Director of Planning, shall have the authority to stay the effectiveness of
the DRI Development Order upon notification and verification of a violation
of any condition herein.
4. Revise Condition 1.9 as follows:
Decomber 31, 1986, January 20, 2004, shall be the date until which the
County agrees that the Hawk's Cay Resort Development of Regional
Impact and Major Development shall not be subject to down-zoning, unit
density reduction, or intensity reduction, unless the County can
demonstrate that substantial changes in the conditions underlying the
approval of the development order have occurred, or that the
development order was based on substantially inaccurate information
provided by the Applicant, or that the change is clearly essential to the
public health, safety, or welfare.
5. Revise Condition 1.10. first line. as follows:
The Director of Planning, Building 3nd Zoning is the county official
designated to monitor compliance with all conditions of the Development Order
including the following requirements:
(No additional changes to Condition 1,1 O)
6. Revise Condition 1.11. first line. and delete subsection (11) as follows:
The Applicant shall submit an Annual report to the RPC, County Director
of Planning. and DCA on each anniversary of the effective date of the
Development Order, which report shall include at a minimum:
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(n) The County Director of Planning, Building and Zerung is designated
as tho loc::ll official responsible for receiving the annua+'f8f)Gft
7. Substitute Revised Master Development Plan dated May 20. 1996. for the
original Master Development Plan attached to the Development Order as
Exhibit 1 and referenced in Condition 1.12.
8. Revise Condition 1.12 as follows:
The land uses approved by this Development Order shall be as shown on
the Master Development Plan attached hereto as Exhibit 1, and ::lS fully
described in ::lnswer to question 12 of the ADA 'Nhich i~:; 3tt3chod hereto
as Exhibit 2. Both of these exhibits are incorporated into this
Development Order; provided. however. that the "Land Use Summary" on
the Master Development Plan shall control as to the amount and type of
approved development. T::lble 12.1 of Exhibit 2 is modified herein to
differentiate bet':.'een existing development and develOfHllent ::luthorized
by the development order and to ad'l::lnce the constfUE~eginning ::lnd
ending dated by one year to a~count for del3ys in secuBng DRI approval.
9. Revise Condition 7,1 as follows:
Within six months following the completion of 144 new hotel units Ph::lse 2
of the development as defined in this report, the Applicant shall consult
with the Florida Department of Transportation (FDOT) to determine the
need for a traffic signal at the intersection of US 1 and Duck Key Drive.
The Applicant shall repeat this after each additional 50 units subsequent
phase and following project buildout or until a traffic si~lnal is installed at
this location. Copies of all correspondence and reports relating to such
consultation shall be provided to the Board, the RPC , and the DCA. If
and when a traffic signal at this location is found to be necessary by the
FDOT, the Applicant shall provide full funding for its installation to the
Florida Department of Transportation. If the Applicant fails to consult or
provide such funding as required by this paragraph in a timely fashion, the
County may withhold issuance of certificates of occupancy until the
Applicant has conformed with provisions of this paragraph,
10. Add New Special Conditions in Sections 9,10.11. and 12 as follows:
9.0 Site Planning for 1996 DRI Amendments
9.1 The Applicant shall adhere to the followir:L9.iliilleral site
planning requirements for future develo[;Lment following
approval of the 1996 amendments to the DRI Development
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Order proposed by Applicant and extension of this
Development Order to January 20. 2004.
a. The Applicant may construct a maxi,mum of 269
guest units. consisting of 25 large sl,Jites (3-bedroom.
3-bath) and 244 suites (2-bedroonL2-bath), Twenty-
two of the suites are existing, These numbers
exclude the additional 178 existinqJ:lOtel units that
were not subject to DRI review.
b. The Applicant may construct a maximum of 10.000
square feet of additional commercial space at the
existing resort hotel complex,
c. The Applicant may construct a maximum of 15.000
square feet of additional convention~ce at the
existing resort hotel complex,
Q... The maximum height of any new~ constructed units
and commercial or conference structures shall be 35
feet.
e. The Applicant proposes to re-conflgure the roads
within the DRI as shown on the Revised Master
Development Plan.
1.. The Applicant shall provide a boat trailer/RV parking
area that cannot be seen from Duck Key Drive.
9..:. All new guest units shall be constructed within the
"development corridors" identified in Exhibit 1, The
following minimum setbacks shall be met:
Setback from mean high water: 20 feet
Setback from property line i3djacent to
Duck Key Drive: 50 feet.
b.... 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
update May 20. 1996,"
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1." Prior to the issuance of a building lli~rmit. the
Applicant shall obtain a variance tQ,Jhe minimum side
yard requirements.
J,.. Prior to the issuance of any buildin.g permit for hotel
units within a development corridoL the Applicant
shall submit. and the Planning Director shall approve,
a site plan for that portion of the development corridor
for which building permits are beingrequested
indicating the location of the buildings. the parking
and the landscaping, Parking shall be at the
minimum ratio of 1,29 spaces per unit. Landscaping
on the Master Plan (Exhibit 1) shall be in compliance
with Section 19-127(b)(1). (b)(2) and (b)(3) of the pre-
1986 Monroe County Code. as determined by the
Planning Director.
k. Landscaping for parking areas onthe Master
Development Plan shall be in comQliance with
Section 19-127(b)(1). (b)(2). and (Qj(3) of the pre-
1986 Monroe County Code. as determined by the
Planning Director. This landsc.Qpjl].9.,~hall be provided
in accordance with the following schedule:
1." Prior to the issuance of a certificate of
occupancy for expansion ill
development within the "Commercial
Expansion Area." the lill.RJicant shall
provide landscaping for the common
parking area,
!L. Prior to the issuance of certificate of
occupancy for expansion of the
"Conference Center/Ballroom," the
Applicant shall provided landscaping for
the "Inn Overflow Parking Area."
l!L. Prior to the issuance of a certificate of
occupancy for the 1 (l1st unit within the
development corridors, the Applicant
shall provide landsc~!Qi.0.9-for all of the
common parking area~uncluding the
"Commercial Expansion Area" and the
proposed "Overflow Parking" areas.
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L All the proposed construction and si.te development
shall comply with the Florida Accessibility Code for
Building Construction or the applicable regulations
which are in effect at the time of the building permit
application. Accessible units in the development
corridors shall be developed at the required rates for
each element of accessibility,
9.2 After receipt of final uncontested buildingj2ermits for the
units authorized under the 1996 amendments to this DRI
Development Order and after the County's extension of the
Development Order to January 20. 2004.111e Ap-Rlicant shall
comply with the following additional conditions:
a. The Applicant will provide a long-term lease (20 years
renewable for another 20 years at a cost of $1,00 per
year) for a 100' X 100' piece of Rr(wert~ located at the
corner of Duck Key Drive and Greenbriar Road for the
installation of a Duck Key "welcome booth," The
Applicant will permit "hookup" of sat)itation and
electricity at said welcome booth, The Applicant will
allow a road turn around,
.I;L The Applicant will reconfigure the boat launch ramp to
eliminate the use of Duck Key Drive as a direct
launch ingress and egress. as conceptually illustrated
on Exhibit 2 attached hereto,
c. The Applicant will landscape the east and west sides
of Duck Key Drive, Landscaping will meet or exceed
Monroe County standards in effect at th~.Qermit date.
.d.... The Applicant will adopt and enforce to the best of its
ability. the jet ski restrictions listed irLExhibit 3
attached hereto.
e. The Applicant will use its best efforts to obtain
approval to install and operate a we,lcome booth on
Duck Key Drive at the main entrance to Hawk's Cay.
as conceptually illustrated on Exhibi,t 1 hereto. for
purposes of providing:
L Bridge safety information for pedestrians and
motorists.
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!L. Traffic information and guidance for visitors
and guests to the DRI and neighboring Duck
Key residences.
Hi. Station for DRI security personnel.
A pass-through lane for public acce~s will be
provided. DKPOA has agreed with the Applicant that
it will assist Hawk's Cay Resort in this effort if it is
determined by DKPOA and the Duck Key Security
District Advisory Board that this a..pQroach will
significantly improve public safetyand the security of
the residential islands.
Any financial support from the residential islands for
the operation of the welcome booth must be
approved by the Duck Key Security-Advisory Board
under the guidelines established by Monroe County.
L There will be no boat dockage allowed at units on the
south side of Greenbriar Road or the west side of
Duck Key Drive.
9.... Assuming approval of the 1996 DF~1. Development
Order amendments and extension of the DRI
Development Order to January 20",.2004, the
deteriorating seawall bordering the Lake Lucille and
canal area will be repaired within two years of the
commencement of construction ot new guest units
adjacent to the seawall.
~ Construction of each building will be completed within
18 months of ground breaking.
L DKPOA will be provided copies of all permit
applications made by the Applicant to county. state
and federal agencies,
1. The following limitations on the buildlruls in the
"development corridors" shall be mandatoli:
1. The maximum number of hotel units per
building shall be seven,
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ii. No more then 90 hotel units shall be developed
in Development Corridor #2~hown on Exhibit
.L
iii. Hotel buildings in Development Corridor #2
shall utilize no more than two-thirds of the
linear shoreline frontage,
10. Use of Duck Key Drive Right-of-Way, The Applicant. at its
sole expense. shall be responsible for obtClining County and
any other necessary permits and approvals to use the
existing unpaved right-of-way for Duck Kl~ Drive for
landscaping. street lighting. underground LJ1llity locations or
relocation, Hawk's Cay-related signage",-and other similar
uses.
11.. Welcome Booth/Security Station, The Arwlicant. at its sole
expense. shall be responsible for obtainirlg County and any
other necessary permits and approvals to ~.lse the existing
unpaved right-of-way for Duck Key Drive for a welcome and
information booth/security station for the Hawk's Cay project
as conceptually depicted on Exhibit 1. Provided. however,
that the Applicant shall not erect any gatinq or other security
device across Duck Key Drive or require vehicular or
pedestrian traffic to stop at such booth/station. In addition.
the Applicant. at all times. shall ensure that there is a
through traffic lane available on Duck Ke'LOrive,
12. Sewage Treatment Facility. At the Counti~tion. the
Applicant shall enter into an Agreement concerning the final
disposition of land. wastewater treatment and reuse
facilities. and other appurtenances on UtilitY'-lsland within
one year of the adoption of the Monroe County Sanitary
Wastewater Management Plan by thE~J1QaI1LQf County
Commissioners. The Agreement shall d~~tail the terms and
conditions of the transfer of ownershiQ.J:ly' the Applicant to
the County. at no capital cost to the CourllY.,...Qf all land.
wastewater treatment and reuse facilities-,-and other
appurtenances on Utility Island for the siting and
construction of a subregional wastewater management
facility by the County. The ARPlicant shall have the right to
use all reuse water available from the new subregional
facility. Applicant shall be permitted to retain a solid waste
holding area.
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Section 3. The Major Development modifications, including the
revised final site,development plan, as submitted by the Applicant are also
approved.
Section 4. Those provisions of the DRI Development Order,
Resolution No. 365-1986, and the Major Development approval 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.
Section 6. The Applicant shall record a notice of this Resolution
pursuant to Section 380.06(15), F,S. (1995),
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 on this 18th
day of September , A.D., 1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Douglas
Commissioner Reich
Yes ,_____
Absent
Absent
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~-F~
By
MAYOR/ AIRMAN
(SEAL)
ATTEST; DANNY L. KOLHAGE, CLERK
By:ff1~
DEP CL RK
BY
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EXHmIT 3
Pcrsollnl \Vntcl'cl'nn H.ulcs
J. Any new development will stlpulnlc 10 I1llcs nnd rcUullllions on per~onnl wnlerernfi use, desig~
noting nccess roules silllilnJ' tn whot is IlrC50nlly heing done by Club Nutllieo of I1nwk's Cny.
Rules unci rcglllnf jOlls will he iS~lJcd 10 llllesl s rlllt! owners of L1ny flew units.
II. ArCll hy "omtn rrnrhor Jslnnd, cnnllls IIfleI wnlers IICM residentiul orens. including nearshore
nl'era of 'ho western tlhorcllne or J Jnwk'lI City, to ,ho 011' IImltt to pel'Noun' wRlorcrntl. Idlo
fipcccI (no '0 exceed 5 milas per hOllr) 10 be malntnlned if using ans clock pt Ducic Key
Mnrinn,
h, Reckloss hehavlor nlld litllllrc to Adhere 10 mles wlUres..lt In the 105s of the right to use
pmking nnd I'nmp filcililics oft Inwk's ClIY for pcnionnt wnlcrernll.
c.: Opernlor will provide evidence 0 f illsllrtlnce to Mnnngcl1lcnt or lIolel Officc nt I he time of
Issuance of n flll11p permit.
d. PC1'so111)1 wnlcl'crlln will be used <Imina rlpoclncd dnyllght hours (8 nm to () pm) tine! in spec 1-
lied nrens (north of US I or wilhln pl'Cficnt Cluh Nnutlcots navigation limits).
e. The operulor off! personal wnlcrcrnfi will he fit len!;( 18 yenrs ornge.
f. The opcmtor mllst he slIme/clllly skill 10 surety opcrnle Ihe wRlercrnfi.
g. The operator will at 110 lime he under Ihe influence ofnlcohol or drugs,
.
h. Idle speed will be ohserved upon ICRving ond entering fhe hoot romp men nml in rlO WElke
zOlle I1ren:; slIeh flS n.d dneft!;,
I. OJlcrntors Rnd pnsscnacrs will wenl' llcrsonulllolltntlon devices whilo opcrotlllU thaiI' per-
sonol wnfercl'ofi.