Resolution 037-2002
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RESOLUTION NO.
037
-2002
A RESOLUTION BY 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 CA Y EXPANSION DRI;
PROVIDING FOR AN EFFECTIVE 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 (DRI) known
as the Hawk's Cay Expansion DRI; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended
that the Board approve the amendments to the DRI and Major Development for the Hawk's Cay
Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; and December 8, 1999; the
Monroe County Board of County Commissioners approved amendments to the DRI and Major
Development in Resolution Nos. 335A-1996, 086-1998, 616-1999, and respectively; and
WHEREAS, on October 12, 2001, 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 DRI 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, the Applicant proposes to revise the DRI master plan for the DRI as approved
to create Corridor 5 which will include an additional 28 hotel units and 18 new staff units; and
WHEREAS, on October 12, 2001, the Applicant also filed an application for
modifications to the 1986 Major Development (hereinafter modifications), as previously
amended; 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 DRI and Major Development; and
WHEREAS, on February 6, 2002 the Planning Commission recommended approval of the
proposed changes and modifications to the DRI 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 DRI, in accordance
with Section 380.06, F.S. (2000); and
02/27/02
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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, the related
recommendations of the Planning Commission, as we11 as all related testimony and evidence
submitted by the parties and members of the 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, as modified
hereby, do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 2. Resolution No. 365-1986, the 1986 DRI Development Order, as previously
amended, for the Hawk's Cay Expansion DRI, shall be further amended as fo11ows:
(New language is underlined; deleted language is striekea. through)
Amendments to Resolution No. 365-1986. as amended
1. Substitute revised Master Development Plan dated December 14. 2001 attached hereto for
the June 12.2001 revised Master Development Plan. attached to the Development Order as
Exhibit One and referenced in Condition 1.12.
2. Revise the third "WHEREAS" clause as fo11ows:
WHEREAS, Hawks Cay Resort when completed wi11 be a hotel type destination resort
consisting of 447 493 hotel suites, conference facilities, retail areas, restaurants, and
recreational facilities on approximately 58.8 acres of land located in unincorporated Monroe
County, Florida on Indies Islands at Duck Key; and
3. And three new "WHEREAS" clauses immediately after the third "WHEREAS" clause as
fo11ows:
WHEREAS. Monroe County has experienced a severe shortage of affordable housing
and the number of affordable housing units that can be built is limited under the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS. the Applicant proooses to build eighteen (18) new staff units for use as
affordable housing; and
WHEREAS. the Develot>er has agreed to cause Duck Kev Wastewater Cooperative.
Inc.. to enter into an agreement t>roviding substantial public benefit bv expanding
wastewater treatment facilities to communities otherwise not served. including Conch Key.
Walker Key. Duck Key and Indies Island: and
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4. Revise Condition 1.12 as follows:
The land use approved by this development order shall be on the Master Development Plan
attached hereto as Exhibit 1 for the DR! development located at Duck Key. Both of these
~bits are This exhibit is 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 at Duck Key.
5. Revise Condition 9.1 a. as follows:
The Applicant may construct a maximum of ~ 2.22.guest units consisting of combinations
of no more than ~ 642 bedrooms and 556.5 654.5 bathrooms at Duck Kev. These numbers
exclude the 178 hotel units not subject to DR! review. In addition. there are 18 "affordable
hotel staff quarters" units added pursuant to the changes proposed on October 12. 2001.
which the Applicant may construct a maximum of three dorm-style units with the remaining
units built as cottages consisting of no more than 36 bedrooms and 27 bathrooms. For
purooses of this development order. those "affordable hotel staff Quarters" shall be defined
as new rental units that are restricted to (1) a maximum monthly rent of 30 oercent of the
median adiusted ""'55 annual income for households within Monroe County divided by 12;
and (2) units exclusively housing Hawk's Cay resort staff Prior to the issuance of an
certificate of occupancy for any structure containing the staff tiuarters. a restrictive
covenant( s) running in favor of and enforceable by Monroe Coun shall be filed in the
official records of Monroe County. The covenant(s) shall be effective for thirty (30) years
but shall not commence running until a certificate of occupancy has been issued bv the
building official for the staff quarters units to which the covenant or covenants apply.
6. Revise Condition 9.1h as follows:
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" updated May 20, 1997, or submitted as Supplemental
Attachment G2 with the Notification of Proposed Change to a Previously Approved DR! for
the Hawk's Cay DR! dated December 1997, or submitted as Second Supplemental
Attachment G2 with the Notification of Proposed Change to a Previously Approved DR! for
the Hawks Cay DR! dated November 27.2001.
7. Revise Condition 12 by deleting all existing language, except for the last sentence and
replacing it with the following:
Wastewater Treatment Facility. Within ninety days from the effective date of the adoption
of this Resolution. the Applicant shall cause Duck Kev Wastewater Cooperative. Inc.. to
enter such agreement(s) with the Board of County Commissioners and/or the Florida Kevs
AQueduct Authoritv ("the Agreement(s)") as may be needed to upgrade the Duck Key
Wastewater Treatment Facility and extend Advanced Wastewater Treatment to the
communities of Conch Kev. Walker Kev. Duck Key and Indies Island. Provided. however.
this Development Order shall remain in full force and effect if the parties have not entered
into such an agreement within ninety days so long as the Applicant is using best efforts to
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03/01102
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... ............ ----,. ---
conclude an above-described agreement as expeditiously as possible. No building permit for
the additional hotel units authorized hereby may be issued until the Agreement has been
duly executed and either work has commenced thereunder or such performance and payment
bonds have been provided as required by the Agreement(s).
8. Add new Special Conditions in Section 13 as follows:
The A~licant and all successors in interest shall hereby relinauish any and all ri~ts to seek
vestin or any other means to reclaim units contemplated by the original Development of
Regional Impact (DR!). This DR! amendment shall constitute the final and maximum
number of units. which may exist pursuant to this DR!.
Section 3. The Major Development modifications, including the revised Master
Development Plan dated December 14,2001, as proposed by the Applicant on October 12,2001,
are also approved.
Section 4. Those provisions of the DR! 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 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 South Florida Regional
Planning Council, and the Florida Department of Community Affairs 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. (2000).
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 held on the 12th day of February, 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
yes
yes
absent
yes
yes
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A 1;:_~_' Kolhage, Clerk
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By~ ~)o {;-Qi; C: L}Jj kJ (fJ;~
Deputy Clerk /
BOARD OF COUNTY
MONROE COUNTY,
By:
MISSIONERS OF
DA
Mayor/ChaIrperson
3Y
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