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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. . ..." .- ~ r= 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' .. 0 ~ .~ 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 1 '. 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 2 '. 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 3 " 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: 4 (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 5 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," 6 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. 7 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. 8 !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, 9 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. 10 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. 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'~,,~ ,I (, de: ",~ ~ ~i~Uc) II rJ 't- ~.h ~ 1; ng~ (('XJ~ g t.1}) l; 'lItO <f. J.- I . , '-..' . _'i,..) ".~. ,,_.,1...)..:., . .J.. '."" EXHIBIT 2 --," -J \/' ~I . r"l C.I I ;.c; .. t :f~ .. ~: . 1:1 ,., . .' :; (i'" .~ .. . &.. E vt" . . kJfj ~ 1!l ~: . ~'~ r.: Q " ~ IU ^l t-;o .~l ~~ ~~ fa. - g- ' :r.1, .1:r .., a ' '- , ii! , ~ ~~. . \' ... 1&J . - ,-.. ~ v1 U~bl . Vlh. Q..l '" - v l ..~- ,--,--'--~ ---- -...-- .," '- r'" .... '--.-" , -"' '. 1'~ . "...' '".""__ 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.