HomeMy WebLinkAboutResolution 563-2003
RESOLUTION NO. 563 -2003
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA, APPROVING AMENDMENTS TO THE
DEVELOPMENT OF REGIONAL IMPACT (DR!) DEVELOPMENT ORDER,
RESOLUTION NO. 365-1986, AND MODIFICATIONS TO THE MAJOR
DEVELOPMENT APPROVAL FOR THE HAWK'S CAY EXPANSION DR!;
PROVIDING FOR AN EFFECTNE DATE
WHEREAS, 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 (DR!) known as the Hawk's Cay
Expansion DR!; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that the
Board approve the amendments to the DR! and Major Development for the Hawk's Cay Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; December 8, 1999, September 19,2001,
February 12, 2002, and June 19,2002; the Monroe County Board of County Commissioners approved
amendments to the DR! and Major Development in Resolution Nos. 335A-1996, 086-1998, 616-1999,
354-2001,037-2002, and 266-2002, respectively; and
WHEREAS, on October 9, 2003, 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 DR! Development Order, as amended, by filing a Notice 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, on October 24, 2003, the Applicant also filed an application for modifications to the
1986 Major Development (hereinafter modifications), as previously amended; and
WHEREAS, the Applicant proposes to revise the DR! master plan for the DR! as approved to
relocate two (2) previously approved resort residential units from Development Corridor 5 to the existing
Commercial Development Area adjacent to Tom's Harbor; and
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 December 3, 2003 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. (2003); and
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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, including the revised Master
Development Plan also labeled Exhibit One dated October 24,2003, 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 DRI notification do not constitute a
substantial deviation pursuant to Section 380.06(19), F.S.
Section 2. The Major Development modifications, including the revised Master Development
Plan dated October 24, 2003, as proposed by the Applicant on October 24, 2003, are also approved.
Section 3. Those 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 4. 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.
F.S. (2000).
The Applicant shall record a notice of this Resolution pursuant to Section 380.06(15),
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 ~ul~ m~ting held on the 17th day of December, 2003.
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Attest: DANNY L.KOLHAGE, Clerk
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Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I 1/24/03
By;j12t~ f~n~
/Chairperson
MONROE COUNTY ATTb~Nir of 2
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JOHN R. COLLINS
COUNTY ?TORNEY
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