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12/05/1986 Special HHO~ Special Meeting/pUblic Hearings Board of County Commissioners Friday, December 5, 1986 Marathon A Special Meeting of the Monroe County Board of County Commissioners convened at 5:00 p.m. on the above date at the Marathon Subcourthouse. Present and answering to roll call were Commissioner William Freeman, Commissioner Eugene Lytton, Commissioner Michael Puto, Commissioner John Stormont, and Mayor Jerry Hernandez, Jr. Also present were Janet Warden, Deputy Clerk; Tom Brown, County Administrator; Lucien Proby, County Attorney; Charles Pattison, Director of Planning, Building & Zoning; members of the Press and Radio; and the general public. All stood for the Invocation and Pledge of Allegiance to the Flag. PUBLIC HEARINGS A Public Hearing was held on a proposed Ordinance repealing those portions of the Monroe County Code incon- sistent with the Monroe County Land Use Plan and Development Regulations adopted on February 28, 1986, and approved by Rules 27F-9.0l9, 27F-9.020 and 27F-9.02l, F.A.C.; clarifying those structures that the Fire Marshal must inspect under Monroe County Code Chapter 6.6; clarifying the definitions of Commercial Area, Industrial Area and Residential Area for the purposes of noise control under Chapter 13 of the Monroe County Code; amending Sections 16-19(1) and l6-22(a) in order to clarify that Volume 3, Monroe County Land Development Regulations apply to Chapter 16, Monroe County Code, concerning right-of-way construction; clarifying that condominiums are governed by Chapter 718, Laws of Florida; amending Section 19-123, Monroe County Code, in order to provide that applicants for occupational licenses apply to the Planning Department and that the proposed use will be consistent with the locations Land Use District; amending Monroe County Code Section 19-152, Aviation Hazards, in order to provide for variances from the requirements con- tained therein; providing that after the effective date of this Ordinance the provisions of the repealed portions of the Monroe County Code shall have no further force and effect except as provided in Section 1-102B of the Monroe County Land Development Regulations; providing for severabi- lity; providing for repeal of all Ordinances in conflict herewith; providing for incorporation into the Monroe County Code; and providing for an effective date. Proof of publi- cation was read into the record. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to read by title only. Motion carried unanimously. There was no public input. Motion was made by Commissioner Puto and seconded by Commissioner Lytton to continue to the next meeting. Motion carried unanimously. A Public Hearing was then held to consider the issuance of a Development of Regional (DRI) Impact Order for a Development of Regional Impact known as HAWK'S CAY; the proposed project involves the expansion of an existing resort facility: HH' 023 Parcel A: All of Block 1; Lots 1 through 6, inclusive, and Lots 10 through 19, inclusive, and the Easterly 31.46 feet of Lot 20, Block 2; Lots 7, 8, 9, Block 2; all of Block 3; all of Block 4; all of Block 5; all of Block 6; Lots 1 through 7 inclusive, Block 7; Lots 6 through 25 inclusive, Block 8; all of Block 9; all of Block 10; all of Blocks 11, 12, 13, 14, 15, 16 and 17; all located on INDIES ISLAND DUCK KEY, SECTION 1, Parts 1 and 2, according to the Plat thereof, as recorded in Plat Book 5, Page 82 of the Public Records of Monroe County, Florida: LESS that portion of Lot 7, Block 2 as described by metes and bounds. Parcel B: A parcel of land in a part of Duck Key, Monroe County, Florida, said Key being in Section 21 and a part of Section 20, Township 66S, Range 34E, and said parcel of land being more particularly described by metes and bounds. Parcel C: A parcel of land lying in Section 21, Township 65S, Range 34E and adjacent to INDIES ISLAND DUCK KEY, SECTION 1, Monroe County, Florida, as recorded in Plat Book 5 at Page 82 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds of Block 13. Located on Indies Island and US #1, Mile Marker 61, Duck Key. Proof of publication was entered into the record. Motion was made by Commissioner Lytton and seconded by Commissioner Freeman to read by title only. Motion carried unanimously. Michael Halpern, attorney representing Hawk's Cay, and Wade Hopping, co-counsel, addressed the Board. Sandra K. Barrett, Art Weiner, and Glen Martin were sworn in by the Deputy Clerk to address the Board. Mr. Hopping presented to the Board and discussed the following exhibits: Exhibit 1 - Composite Proof of Publication of Notices of Hearing Exhibit 2 - Master Development Plan Map and Small Colored Master Plan _ THIS I::xW/fJ/I Exhibit 3 - DR! Application for Development~or rU~~b Approval OVI:L.. "7"'0 CLUlX Exhibit 4 - Composite Sufficiency Correspond- ence with RPC and Other Agencies Exhibit 5 - Report and Recommendations of RPC dated October 6, 1986 Exhibit 6 - Monroe County zoning Board Resolu- tions of December 3, 1986 and September 24, 1986 Exhibit 7 - May 17, 1986 Pre-Development Agreement Exhibit 8 - Proposed Monroe County DR! Development Order Albert Appel, resident, and President of the Duck Key Property OWners Association, addressed the Board and intro- duced the following residents who favored the DRI: Albert Pines, Richard and June Sonner, Lily Hahn, Hannah Lockwood and Emo Lockwood, John Williams, Lloyd and Elaine Munson, HH - 024 and Tony Appel. After lengthy discussion, motion was made by Commissioner Puto and seconded by Commissioner Freeman to adopt the following Resolution approving the Application for Development Approval of Hawk's Cay Investors Limited and granting Development of Regional Impact and Final Development Approval for Hawk's Cay Expansion DRI, subject to certain conditions. RESOLUTION NO. 365-1986 See Res. Book No. 55 which is incorporated herein by reference. During discussion, motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend Page 7 of the Conclusions of Law, that Item 9 be replaced with the wording "to effect the equivalent RU-7 zoning granted by the Monroe County Zoning Board on December 5th, 1985 and September 24th, 1986. The Monroe County Board of County Commissioners will by this Resolution correct as errors and omissions such SC and SR Land Use Map Districts so as to conform to the context of this DRI." During discussion, Mr. Halpern requested that the amendment reflect the confor- mance of the Map to the Destination Resort zoning. After further discussion, the motion to amend was adopted and the County Attorney was directed to include it in this form in the Resolution. Motion was made by Commissioner Stormont and seconded by Commissioner Freeman to amend Page 2 of the General and Special Conditions, the third line of 1.3A, by inserting a comma after "development" and then wording which would then reflect "significant physical development, consistent with the phasing schedule, has not commenced within two years." Mr. Halpern addressed the Board and objected to the amendment, indicating that the Developers might not be able to comply with that requirement. Commissioner Lytton questioned Mr. Pattison concerning his interpretation of the flexibility of the phasing plan. Roll call vote was taken with the following results: Commissioner Freeman Commissioner Lytton Commissioner Puto Commissioner Stormont Mayor Hernandez No No No Yes No Motion failed. Motion was made by Commissioner Stormont and seconded by Commissioner Lytton to amend Page 9, the fifth line from the top of the page, wording to the effect that "so long as said fees are also applicable to all other simi- lar types (hotels-motels) of development within Monroe County." Motion carried unanimously. Motion was made by Mayor Hernandez and seconded by Commissioner Puto to strike that portion of Section 8.1 as follows: "Upon completion of the construction of the deve- lopment authorized by the Section 380.68-FS Preliminary Development Agreement dated May 15, 1986," and to capitalize the letter "T" in the word "the" which immediately follows. Motion carried unanimously. Motion was made by Commissioner Puto and seconded by Commissioner Freeman to amend the original motion to adopt so as to include all of the subsequent amendments. Roll call vote on the original motion to adopt as amended was unanimous. HH n?5 Mayor Hernandez, for the record, asked if anyone was present from either the Department of Community Affairs or the South Florida Regional Planning Council. No one came forward to represent either of those agencies. There being no further business, the meeting was adjourned. * * * * * ,.--