Resolution 365-1986
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RESOLUTION NO.
365-1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, 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.
WHEREAS, on August 12, 1986, Hawk's Cay Investors Limited,
hereinafter referred to as "Applicant", submitted to Monroe
County an Application for Development Approval (ADA) for a
development of regional impact (DRI) known as "Hawk's Cay
Resort", in accordance with Sections 380.05 and 380.06, Florida
Statutes; and
WHEREAS, on September 22, 1986, the South Florida Regional
Planning Council (RPC) found the Application sufficient; and
WHEREAS, Hawk's Cay Resort as proposed in the ADA when
completed will be a hotel type destination resort consisting of
622 hotel suites, conference facilities, retail areas, restau-
rants and recreational facilities on approximately 61 acres of
land located in unincorporated Monroe County, Florida, on Indies
Islands at Duck Key; and
WHEREAS, on May 15, 1986, the applicant and the Florida
Department of Community Affairs entered into a Section 380.06(8),
F.S., preliminary development agreement for Hawk's Cay Resort
which authorized the applicant to undertake preliminary develop-
ment of 87 additional guest rooms and development and redevelop-
ment of commercial facilities not to exceed 7,400 square feet
prior to the issuance of a final DRI development order; and
WHEREAS, the RPC after reviewing the ADA for Hawk's Cay
Resort issued its report and recommendations on October 7, 1986,
in which it recommended that the DRI be approved subject to
certain conditions; and
WHEREAS, pursuant to Sections 380.05 and 380.06, F.S., the
Board of County Commissioners of Monroe County, hereinafter
referred to as either the "Board" or the "County", as the local
government having jurisdiction, is authorized and required by law
to consider the Hawk's Cay Resort DRI ADA; and
WHEREAS, the Board has received and reviewed the report and
recommendations of the RPC; and
WHEREAS, the Board on December 5, 1986, held a public
hearing on the ADA and the final development plan at which all
parties were afforded the opportunity to present evidence and
argument on all issues, conduct cross-examination and submit
rebuttal evidence, and any member of the general public request-
ing to do so was given an opportunity to present written or oral
communication; and
WHEREAS, pursuant to Section 380.06, F.S., public notice of
said hearing was duly published on October 5, 1986, in the "Key
West Citizen" and way duly provided to the Florida Department of
Community Affairs (DCA), the RPC, and other persons designated by
DCA rules; and
WHEREAS, the Board at its December 5, 1986, public hearing
fully considered the ADA, the report of the RPC, and the evidence
of record presented at the public hearing, and was otherwise
fully advised in the premises; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board makes the following
Findings of Fact:
1. The name of the development is Hawk's Cay Resort. The
authorized agents of the developer are Michael Halpern, Key West,
Florida, and Wade L. Hopping, Tallahassee, Florida. The name of
the developer is Hawk's Cay Investors Limited, 150 East Sample
Road, Pompano Beach, Florida, 33064.
2. The legal description of the property comprising the
proposed Hawk's Cay Resort DRI is set forth in the ADA and is
incorporated herein by reference.
3. On December 3, 1985, the Monroe County Zoning Board
recommended approval of the Hawk's Cay Resort with rezoning
classifications compatible with the DRI uses proposed in the ADA.
On September 24, 1986, the Zoning Board adopted the final major
development approval for Hawk's Cay Resort, which included
adoption of a RU-7 zoning designation for the entire site.
Nevertheless, a Monroe County land use map related to the Coun-
ty's Comprehensive Land Use Plan, which was being
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contemporaneously developed, did not reflect the recommended
rezoning in its entirety. The map designated a portion of the
Hawk's Cay Resort as being in the Suburban Residential (SR) and
Suburban Commercial (SC) zoning categories rather than in the
Zoning Board approved RU-7 category.
4. When developed in accordance with the conditions
imposed by this development order, the Hawk's Cay Resort DRI:
(a) will not have a significant negative impact on the
environment and natural and historical resources of the region;
(b) will have a favorable economic impact on the
economy of the region by providing new emploYment and net posi-
tive regional impacts on the economy of the region;
(c) will efficiently use water, sewer, solid waste
disposal, and other necessary public facilities;
(d) will efficiently use public transportation facil-
ities;
(e) will not adversely affect the ability of people to
find adequate housing reasonably accessible to their places of
emploYment; and
(f) will not create an unreasonable additional demand
for, or additional use of, energy; and
(g) will make adequate provisions for the public
facilities needed to accommodate the impacts of the development.
BE IT FURTHER RESOLVED THAT THE BOARD ENTERS THE FOLLOWING
CONCLUSIONS OF Law:
1. The proceedings herein have been conducted in compli-
ance with the provisions of Chapter 380. Florida Statutes; and
all conditions precedent to the granting of development approval
required by Chapter 380, F.S., have occurred.
2. The proposed Hawk's Cay Resort DRI is located within an
Area of Critical State Concern designated pursuant to the pro-
visions of Section 380.05, F.S. and, as approved herein, the DRI
complies with the land development regulations of such Area and
with the provisions of Section 380.06.
3. The proposed Hawk's Cay Resort does not unreasonably
interfere with the achievement of the objectives of the adopted
state land development plan applicable to the area.
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4. The proposed Hawk's Cay Resort DRI and final develop-
ment plan, when developed subject to the conditions imposed by
this development order, are consistent with the Monroe County
Comprehensive Plan, and all other local land development regu-
lations.
5. The proposed Hawk's Cay Resort DRI is in all material
aspects consistent with the report and recommendations of the RPC
submitted pursuant to Section 380.06(12), F.S.
6. The DRI ADA and final development plan for all phases
of the Hawk's Cay Resort, as described in the ADA and Exhibit 2
attached to this development order, are hereby approved, subject
to the general and special conditions of development contained in
Attachment A which is made a part hereof by reference.
7. Unless otherwise specifically provided in Attachment A,
any changes proposed by the Applicant to the ADA, as amended
herein, which exceed the limits established in Section
380.06(19), F.S., which limits are presumed not to be substantial
deviations, shall be submitted to the Board, the RPC, and the DCA
for a determination if such changes constitute a substantial
deviation and, therefore, requiring further review pursuant to
Section 380.06, F.S.
8. Definitions contained in Chapter 380, Florida Statutes,
shall control in the construction of this development order.
Hawk's Cay Investors Limited, is the present owner of the proper-
ty which is the subject of this ADA. Hawk's Cay Investors
Limited, is bound by the terms of this development order so long
as it owns such property. This development order shall be
binding upon and inure to the benefit of the Applicant and its
assignees or successors in interest.
9. To affect the equivalent RU-7 zoning granted in the
Preliminary Major Development Approval of the Monroe County
Zoning Board on December 5, 1985, and in the final Major Develop-
ment granted September 24, 1986. The Monroe County Board of
Commissioners will by this resolution correct as errors and
omissions such SC and SR Land Use Districts so as to conform to
the DR district in context of this DRI.
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10. In the event that any portion or section of this
development order is determined to be invalid by a court of
competent jurisdiction, the remaining portions or sections of
this development order shall remain in full force and effect.
11. Notice of the adoption of this resolution and a cer-
tified copy of this resolution shall be recorded by the Applicant
pursuant to Section 380.06(15)(f), Florida Statutes.
12. The County shall transmit a certified copy of this
development order by certified mail to the DCA, the RPC, and the
Applicant.
he ld on the 5th
day of
the Board of County Commissioners of
a -.Sfe.G; fA. I meeting of said Board
December, A.D., 1986.
PASSED AND ADOPTED by
Monroe County, Florida, at
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest: DANNY'L. KOLHLGE, Clerk
M1. ,(J~1~L
Clerk
A:::t:bED AS TO FORM
A~~~LSUF~aENCy.
BY
Attorney's Office
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GENERAL AND SPECIAL CONDITIONS OF DEVELOPMENT
The following are the General and Special Conditions
governing the development of HAWK'S CAY RESORT:
100 General Conditions
1. 1 The Applicant shall integrate all original and
supplemental ADA information into a Consolidated
Application for Development Approval (CADA) and
submit two copies of the CADA to the Regional
Planning Council '(RPC) , one copy to Monroe County,
and one copy to the Florida Department of Community
Affairs within thirty (30) days of the effective
date of this Development Order. The CADA shall be
prepared as follows:
(a) Where new, clarified, or revised information
was prepared subsequent to submittal of the
ADA but prior to issuance of the DO, whether
in response to a formal statement of
information needed or otherwise, the original
pages of the ADA will be replaced with revised
pages.
(b) Revised pages will have a "Page Number (R)
Date" notation, with "Page Number" being the
`Attachment A
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number of the original page, " (R) " indicating
that the page was revised, and "Date" stating
the date of the .revision,
1. 2 The CADA and the RPC DRI assessment are
incorporated herein by reference and relied upon by
the parties in discharging their statutory duties
under , Chapter 380, Florida Statutes, and local
ordinances. Substantial compliance with the
representations contained in the Application for
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Development Approval is a condition for approval
unless waived or modified by agreement among the
RPC, County, and 'Applicant, its successors, and/or
assigns,
1. 3 (a) This development shall be subject to further
Chapter 380 review in 'the event significant
physical development has not commenced within
1
two (2) years from the effective date of the
development order. Failure to commence
significant development as required by this
paragraph shall stay the effectiveness of the
development , order and no additional
development permits shall be granted until
such time as an amended ADA, providing updated
_ 2
information, , is.. submitted to the RPC, County,
and Department of Community Affairs and an
amended development order is issued.
(b) The termination date for completing
development shall be ten (10) years from the
effective date of the development order
provided that the Applicant, or its successors
and assigns, complies with the terms and
conditions of this Development Order. This
termination date may only be modified in
accordance With Section 380 . 06 (19) , Florida
Statutes, (1986) .
1. 4 The effective date of this Development Order shall
be forty-five (45) days from transmittal of the
Hawk' s Cay Development Order to the Florida
Department of Community Affairs, the RPC and the
Applicant; provided, however that if the
Development Order ; is appealed, the effective date
of the Development Order shall not commence until •
the day after all appeals have been withdrawn or
resolved pursuant, to Section 380 .07 (2) , Florida
Statutes.
1.5 Within thirty (30) days of the effective date of
this Development Order, notice of its adoption
shall be recorded with the Clerk, Monroe County
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Circuit Court, pursuant to Section 380.06 (15) (f) ,
Florida Statutes (1986) .
1. 6 In the event the , Applicant, its successors and/or
assigns violates any of the conditions of this
Development Order or otherwise fails to act in
substantial compliance with the Development Order ,
the local, government shall stay the effectiveness
of the Development Order as to the parcel in which
the violative activity or conduct has occurred and
withhold further permits, approvals, and services
for development in said parcel. For purposes of
this paragraph, the word "parcel" shall be defined
to mean: any land area identified on the Hawk' s
Cay Resort Master Plan. Nothing in this paragraph
shall limit the authOrity of the DCA under Chapter
380, F.S.
1.7 The County attorney, upon recommendation of the
building official, shall have the authority to stay
the effectiveness of. the DRI Development Order upon
notification and verification of a violation of any
condition, herein.
1.8 This Development Order runs with the land and is
binding on the Applicant, its successors, and/or
assigns, jointly or severally.
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1. 9 December 31, 1996 shall be the date until which the
County agrees that the Hawk' s Cay Resort
Development of Regional Impact 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.
1. 10 The Director of Planning, Building and Zoning is
the County official designated to monitor
compliance with all 'conditions of the Development
Order including the following requirements:
(a) The Development Order conditions shall be
reviewed prior to issuance of any local
development permits and •
(b) for any condition that cannot reasonably be
monitored as part of the local permitting and
inspection processes, a notarized affidavit
from the Applicant assuring compliance with
such Development Order conditions shall be
included as part of the Annual Report required
by this Development Order.
1. 11 The Applicant shall submit an Annual Report to the
RPC, County, and : DCA on each anniversary of the
effective date of the Development Order, which
report shall include at a minimum:
(a) A complete response to each question contained
in the annual status report form adopted by
the Department of Community Affairs , to- wit
Form DLWM-07--85,; as amended.
(b) Identification and description of any changes
in the plan of development, or in the
representations contained in the ADA, or in
the phasing for the reporting year and for the
next year.
(c) A summary comparison of development activity
proposed and actually conducted for the year,
(d) Identification of undeveloped tracts of land,
other than individual single family lots, that
have been sold to a separate entity or
developer.
(e) Identification and intended use of lands
purchased, leased or optioned by the developer
adjacent to the project site since the
Development Order was issued.
(f) An assessment of the Applicant' s and the local
government' s compliance with the conditions
contained in the DRI Development Order and the
commitments which are contained in the ADA.
(g) Specification . of any amended DRI ADA or
requests for, a substantial deviation
determination that were filed in the reporting
year or to be filed during the next year.
(h) An indication of change, if any, in local
government jurisdiction for any portion of the
development since issuance of the Development
Order.
(i) A list of significant local, state and federal
permits which have been obtained or which are
pending by agency? type of permit, permit
number, and purpose of each,
(j) A statement that all persons have been sent
copies of the annual report in conformance
with Subsection 380. 06 (15) and (18) , Florida
Statutes. ,
(k) A copy of any recorded notice of the adoption
of the.. Development . Order of any 'subsequent
modification that was, recorded by the
Applicant pursuant to Subsection
380. 06 (15) (f) , ' Florida Statutes.
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(1) Copies of all affidavits submitted to the
County pursuant to Condition 1. 10 (b) herein.
(m) Any other ' information required by the
Department of Community Affairs in accordance
with - Section 380. 06 (15) and (18) , Florida
Statutes (1986) .
(n) The County Director of Planning,. Building and
Zoning - is designated ' as ' the local :official
responsible for receiving the annual report.
1.12 The land uses approved by this Development ' Order
shall be as shown on the Master Development Plan
attached. hereto as Exhibit 1 and as fully described
in answer , to question '12 of the ADA which is
attached hereto as Exhibit :2. Both of these
exhibits are incorporated ,into this' Development
Order. Table 12 .1 of Exhibit 2 is modified herein
to differentiate between existing development and
development authorized by this development order
and to • advance the construction beginning and
ending dates by one year to account for delays in
securing DRI approval.
1. 13 Except for development authorized' by the Section
380. 06 (8) ,• F.S . , preliminary development agreement
for Hawk's. Cay Resort dated May 15, 1986 , Chapter
12 of the Monroe County Comprehensive Plan, Volume
8, e
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III, "Land Development Regulations" , effective
September 15 , 1986 , as amended from time to time,
relating to Impact Fees , shall be applicable to
this development so long as said fees are also
applicable to all other similar types
(Hotel/Motel) of development within Monroe County.
2. 0 Stormwater Management
2 . 1 The Applicant shall design, construct, and maintain the
stormwater management system to meet the following
standards :
a. Retain the first flush (at least the first
one-half inch) of project runoff in vegetated
retention areas .
b . These vegetated retention areas are to be
constructed so that they allow the retained
stormwater to infiltrate in less than 24 hours .
c . Limit application of pesticides and fertilizers in
vegetated retention areas to twice per year for
preventive maintenance and to emergencies , such as
uncontrolled insect infestation.
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4. 2 The Applicant shall construct all development so
that it is in conformance with the specifications
•
of the State of Florida Energy Efficiency Code for
Building Construction (State Energy Code) ,
5. 0 Archaelo ical Sites
5. 1 The Applicant shall notify State archaeological
officials of construction schedules, and delay
construction up to three months in any area where
potentially significant historic or archaeological
artifacts are uncovered, and permit State and local
historic preservation officials to survey and
excavate the site.
6.0 Vegetation
6. 1 The Applicant shall remove all invasive exotic
plants from the project site as the site is
cleared, use only those plant species identified in
Exhibit 2 of the RPC DRI assessment or other
species approved -for use by SFRPC in project
• ]Landscaping.
7.0 Transportation
7.1 Within six months following the completion of Phase
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
- 11 -
Duck Key Drive. The Applicant shall repeat this after
each subsequent phase and following project buildout or
until a traffic signal 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.
8. 0 Employee Housing
8 . 1 Beginning with the commencement of the construction
authorized herein, the applicant shall provide daily
employee transportation to and from the Marathon area.
The applicant shall also contribute $5, 000 to an entity
acceptable to the County which develops or otherwise
provides affordable employee housing in the
Marathon/Hawk' s Cay Resort area.
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QUESTION 12 . General Project Description •
P-
A. Provide a brief summary of the major elements of the
proposed - development. Include all existing and proposed
(
land uses ancillary to the' proj pect e ,
shopping center in a residential DRI ) . g ' a neighborhood
The Hawk ' s Cay Resort- is a luxury destination resort located
on Indies Island at Duck Key, Monroe 'County,, Florida . The Hawk ' s
. Cay Resort consists of 60. 8 acres' with 178 existing hotel rooms ,
three restaurants , a , night club , , conference facilities ,
tennis courts , swimming pool andbeach , , convenience store , and
marina. The resort was• recently renovated to become a first
class tourist facility.
The proposed project is designed to expand the existing.
resort to make Hawk ' s Cay a world class destination conference
center and reso-rt. . Hawk ° s. Cay will then, become the first tourist.
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facility capable of bringing- large conventions to the Florida
Keys .
The development. plan provides for the addition of 444 hotel
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rooms and suites under a phased development 'schedule which -will
result in a completed resort of 622 rooms and suites , In addition
to • addin
g rooms , the development plan . provides. for new conference
facilities , retail areas a restaurant, a professional tennis
center, and - full landscaping ..for the entire property. The
proposed project uses native vegetation in a lush pattern with
low density, clustered -buildings , Hto result in an environmentally '
sound and aesthetically pleasing' design ,. as follows :
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Total Upland..Area 60 . 8 acres
Structures , walks , decks-, •plazas - 8 . 5 acres
Driveways , parking and tennis 14 . 3 acres
• Pools - - . 2 acres
Landscaped open space ' 37 ..8 acres .
12-1
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The intent of the development plan is to provide a low rise,
low density, clustered hotel and convention facility sensitive to
the Florida Keys ' unique environmental conditions and responsive
to the goals and objectives of the proposed land use plan . The•
development plan was designed to have the least possible adverse
impact upon the site environment and public facilities while
producing the greatest possible economic benefits to the
developer and Monroe County .
The expansion of Hawk ' s Cay is designed to be- constructed in
five phases . The first phase..consists of construction of the .
Worth Harbor Guest Suites (see Map H2 ) . A Preliminary
Development Agreement was executed with the Florida Department of
Community Affairs , pursuant to Chapter 380 . 06 (8 ) , Florida
Statutes , that allows Hawk ' s Cay Investors Limited to proceed
with the first phase before issuance of final development
approval , which is subject to the DRI process and requires action'
by the Monroe County Commission . Therefore, the first phase is
planned to begin immediately upon final major development
approval from the Monroe County Zoning Board , which is expected
in September, 1986 . Any further construction must await action
on this application by the South Florida Regional Planning
Council and Monroe County Comniiss'ion .
Additional phases , as described in Tables 12 . 1 and 12. 2,
will provide - ' '
o additional hotel rooms and suites distributed around the
property and associated with different features and amenities ;
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12-2'
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• 26 , 000 square feet of new conference facilities , providing
meeting space for the resort ' s guests , which will not cause
additional outside traffic to Hawk ' s Cay;
o a small area (3000 square feet) of additional retail space ,
clustered_ near the. entrance-. road from U . S . Highway 1 , for
accessory retail uses normally found in luxury resorts such as
men ' s and women ' s clothing , drug stores , swimwear, etc . ; and
c extensive landscaping to produce a garden environment that
preserves existing and introduces additional native species of
vegetation . -
B. Complete Tables 12 . 1. and 12 .2 . ( If the development has a
proposed - buildout of 10 years or less , show development in
the first five years and subsequently. If the proposed
buildout , is greater .' than 10 years , show - by 5-year
increments . )
TABLE 12 . 1 : PHASING OF DEVELOPMENT (MODIFIED )
Hotel - 1- Motel Commercial Construction
Phase Rooms Suites Sq . Ft. Beginning End
Existing 156 22 3000 .
1 - • 84 1987 1988
2 54 ' 6 1988 1990
3 • 156 • 3000 1990 1992
4 • 38 10 • 1992 . 1994
•
5 76 20 . - . 1994 1996 .
TOTAL , 480 142 6000 : _ 1987 1996
•
Note : Spec'ifi,c project details are estimated here. for planning
. purposes only, as future .market circumstances may necessitate
modification. of ' construction beginning and ending dates , and
numbers of units ; however, in no- case will the numbers of units
specified be changed significantly,' [.as per Ch . 38O. O6 ( 19) (b ) ( 11 ) ,
F . S . ] without• additional ,review . and approval .
•
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•
•
. 12-3 ( Revised 12/2/86 )
Ell
' ' TABLE 12 . 2 : EXISTING AND PROPOSED LAND USES
__ - Exis- Phases
Code Land Use ting 1 2 3 4 5 TOTAL
121 . Retail Sales & Services
acres ` 2 . 90 - 2 . 80 - - 5 . 70
% of site 4 . 20 - - 4 . 06 - - 8 . 26
124 Hotels & Motels - '
' acres 56 . 19* - - - - - 53 , 39
% of site 81 . 43 - - - - - 77 . 37
126 Oil & Gas Storage Faci - -
lities - acres - 0. 01 - v - - - 0. 01
% of site 0 . 01 - - - - 0 . 01
155 Sewage Treatment Faci -
lities - acres 1 . 70 - - - - - . 1 . 70
% of site 2 . 46 - - - - - 2 . 46
Subtotal 60. 80 - - - - . - • 60. 80
563 Other Water Areas
(submerged land)
acres 8 . 2 - .. - - - - 8 . 2
% of_ site. 11 . 9 - - - - - 11 . 9
`.. TOTAL acres 69 . 0* - - 2 . 80 - - 69 . 0
• . • % of site 100 . 0 , - - 4 . 06 - - 100. 0
* Abandonment procedures for a total of 3 . 4 acres of existing County
roadway on Indies Island will be initiated at the outset of each
development phase (see answer to Question 12 . C. ) .
•
Note: All land uses are accessory to hotel /motel , as part of a full
service resort complex . See Table 12 . 1 and Map H2 for greater _ _
detail . Values given on this table are best estimates for planning
purposes , and it is recognized that changes may be necessary to respond
to real market circumstances at the time. In no case will the number
of hotel /motel units specified. inTable 12 . 1 be changed significantly
• [as per Ch . 380 . 06( 19) (b ) (11 ) , F'. S. ] without additional review and
approval .
•
12-4 •
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d. Consult with and conform to the requirements
of all applicable State and local agencies
when expanding the project' s drainage system
and installing disposal wells.
e. If the proposed drainage system is revised
during permitting, submit the revised drainage
plan to SFWMD and SFRPC for review and
approval.
3.0 Wastewater Treatment
3. 1 The Applicant shall consult with and conform to the
requirements of all applicable State and local
agencies when expanding the project' s wastewater
treatment facilities.
3. 2 The Applicant shall utilize treated wastewater
effluent for project irrigation to reduce the
project' s demand on fresh water supplies.
4.0 Housing/Energy
4.1 In final design and construction of the project,
the Applicant shall use minimum elevations for
floors, , roadways, and parking areas that are
consistent with ,South Florida Water Management
District and Monroe County criteria.
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