Item V3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19,2002
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: A public hearing to consider the request of Hawk's Cay Resort
(MM61) to amend a Development of Regional Impact (DR!) to implement a proposed Settlement
Agreement between Monroe County, the Florida Department of Community Affairs, and Hawk's Cay
Resort.
ITEM BACKGROUND: The proposed amendment is in regard to DR! amendments approved on
February 12,2202, by Resolution No. 037-2002 (attached at end of agenda package), that were
appealed and cross-appealed to the Florida Land Water Adjudicatory Commission, Case No. APP-02-
001. The proposed amendment reduces the number of bedroom and bathroom combinations for the
market rate hotel units to two (2) bedrooms and two and a half- (2 ~) bathrooms each. The proposed
amendment also requires that the 28 market rate hotel units and the 18 affordable hotel staff units,
previously approved in the DR! amendments in February 2002, obtain allocations under Monroe
County's Rate of Growth Ordinance (ROGO) Permit Allocation System or obtain similar development
rights prior to construction of these units.
PREVIOUS REVELANT BOCC ACTION: On September 18, 1996; February 23,1998; December
8, 1999; September 19,2001; and February 12,2002; the BOCC approved amendments to the DR! and
Major Development in Resolution Nos. 335A-1996, 086-1998, 616-1999,354-2001 and 037-2002
respectively.
CONTRACT/AGREEMENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes N/ A
No
COST TO COUNTY: N/A
DIVISION DIRECTOR APPROVAL:
REVENUE PRODUCING: Yes N/ A No
APPROVED BY: County Atty ~
DOCUMENT A TION:
Included X
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
Revised 2/27/01
HAWK'S CAY INVESTORS, L TD.! HAWK'S CAY
DEVELOPERS, LTD/VILLAGE AT HAWK'S CAY
MODIFICA TION OF A MAJOR DEVELOPMENT APPROVAL AND
DEVELOPMENT OF REGIONAL IMPACT (DRI)
BOARD OF COUNTY COMMISSIONERS
MARA THON GOVERNMENT CENTER
JUNE 19, 2002
r
RESOLUTION
"
RESOLUTION NO. -2002
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 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; December 8, 1999; September 19,
2001; and February 12, 2002, 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 354-2001, and 037-2002, respectively; and
WHEREAS, on May 2,2002, 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 Development Order to implement a
settlement agreement in an appeal of Monroe County Resolution 037-2002 taken by the Florida
Department of Community Affairs by imposing new conditions on the development of 46
additional units authorized in that Resolution; 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. (2001); and
Page 1 of3
06/11/02
Initials
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, as well 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 the DR! Notice dated May 2, 2002,
do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 2. Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DR!, shall be further amended as follows:
(New language is underlined; deleted language is Etri~kiR. through)
Amendments to Resolution No. 365-1986, as amended
1. Further Revise Condition 9.la. as follows:
The Applicant may construct a maximum of 297 guest units consisting of combinations of
no more than ~ 614 bedrooms and ~S4.S 626.5 bathrooms at Duck Key.\. The Applicant
agrees that the 28 additional market rate units approved in Resolutions 037-2002 adopted
February 12,2002 shall each contain two (2) bedrooms and two and a half (2 Yz) bathrooms:l-.
The Applicant further agrees that the 28 additional market rate units and the 18 affordable
hotel staff quarters described below shall be subject to the provisions of the Monroe County
Comprehensive Plan that limit the number of permits for new residential development in
order to maintain hurricane evacuation clearance times established in the Plan. ~;rherefore,
Monroe County shall issue building permits for the 28 market rate units and for the 18
affordable hotel staff units only at such time as the Applicant receives a Rate of Growth
/ Ordinance (ROGO) allocation under the permit allocation system, or the Applicant acquires
and extinguishes an equivalent number of bedroom/bath combinations from a site or sites
within the Middle Keys subarea, as defined in Monroe County Code Section 9.5-120.2b, or
-~ from within another subarea..if the Monroe County Comprehensive Plan and/or Monroe
~- County Code ~~::>amended to provide authorization.."Jfthe site of the acquired units is within
~ a separate municipality, that municipal government must, by resolution, approve the
~ JfP~ extinguishments and acknowledge that any new units on the site of the acquired units must
receive a ROGO award.
2. Further Revise Condition 9.1h as follows:
Page 2 of3
06/11/02
Initials
The Second SUDplemental Attachment 02 is modified to conform to the reduction of
bedrooms and bathrooms specified in condition 9.1 a.
Section 2. 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 3. A certified copy of this Resolution. with aU exhibits, shall be fwnished by the
County by certified mail, return receipt requested, to the Applicant, the South Florida Regional
Planning COWlcil, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Sectioa 4. The Applicant shall record a notice of this Resolution pW"Suant to Section
380.06(15). F.S. (2000).
Section 5. 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 ) 9th day of June 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA
By:
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: Danny Kolhage, Clerk
By:
Deputy Clerk
Page 3 of 3
06111/02
Initials
STAFF REPORT
Memorandum
W:
FROM:
Monroe County Board of County Commissioners
Timothy J. McGarry, AICP OJ/J
Director of Growth Managem~tY t
June 10, 2002
DATE:
SUBJECT:
Amendment to a Development of Regional Impact to implement a proposed
Settlement Agreement between Monroe County, the Florida Department of
Community Affairs, and Hawk's Cay Resort regarding DR! amendments,
approved on February 12,2002, by Resolution 0378-2002.
MEETING DATE: June 19,2002
Request and Staff Analysis:
Hawk's Cay Investors, Limited, Hawk's Cay Developers, and the Village at Hawk's Cay is
requesting that a non-substantial change be made to the Hawk's Cay Development of Regional
Impact (DR!). The change is in response to the Florida Department of Community Affair's
Appeal to the February 12, 2002 resolution that was adopted by the Monroe County Board of
County Commissioners.
During a regular meeting on February 12, 2002, the Monroe County Board of County
Commissioners(BOCC) adopted Resolution 037-2002, which approved amendments to the DR!
Development Order, and Modifications to the Major Development approval for the Hawk's Cay
Expansion DR!. The changes allowed an increase of 46 housing units (28 market rate hotel units
and 18 affordable hotel staff units) and caused Duck Key Wastewater Cooperative, Inc., to enter
into an agreement providing substantial public benefit by expanding wastewater treatment
facilities to communities otherwise not served, including Conch Key, Walker Key, Duck Key,
and Indies Island. The wastewater agreement was not included in the resolution adopted by the
BOCC and has not been included in this request.
The Florida Department of Community Affairs on April 16, 2002 served a Notice of Appeal and
Petition on the undersigned attorneys for Hawk's Cay. The Petition appealed Resolutions
(Resolutions 037-2002 and 038-2002) of the Monroe County Board of County Commissioners
dated February 12, 2002 that approved amendments to the Hawk's Cay Development of
Regional Impact (DR!) development order (DO).
At the time that the Petition was received, Hawk's Cay requested an extension of time until May
31, 2002, to serve its answer and/or motion in opposition to the Department's Petition pursuant
Page 1 of3
06/10/02
to Rule 42-2.004, F.A.C. The extension was granted in order to give all parties time to resolve
and settle the issues in the Department's Petition.
The draft settlement agreement to be entered into by the State of Florida, Department of
Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers,
Ltd. (Applicant) proposes that the Applicant send notice of a Proposed Change to the County,
DCA, and the South Florida Regional Planning Council, to incorporate in the Development
Order the following conditions:
. The applicant agrees that the 28 market rate units approved and adopted on February 12,
2002 each contain 2 bedrooms and 2 ~ bathrooms, which is a reduction of the number of
bedrooms and bathrooms that were approved in the February 12,2002 Development Order.
. The applicant agrees that the 28 market rate and the 18 affordable hotel staff quarters are
subject to the Monroe County Rate of Growth Ordinance (RaGa) Permit Allocation System
or the Applicant may acquire and extinguish an equivalent number of bedroom/bath
combinations from a site or sites within the Middle Keys subarea.
The Applicant sent notice of a proposed change to a previously approved development of
regional impact subsection 380.06 (19), Florida Statutes on May 2, 2002. This proposed change
incorporates the changes that have been agreed upon in the proposed Settlement Agreement,
which is to be acted upon by the BOCC prior to any action on this proposed DR! amendment.
The proposed change revises Resolution No. 365-1986 Condition 9.1 a to reduce the number of
bedrooms and bathrooms for the market rate housing as well as require the applicant to receive
allocations through the County's Rate of Growth Ordinance Permit Allocation System or by
extinguishing the same number of bedroomlbathroom combinations within the Middle Keys
RaGa subarea or from other subareas with appropriate changes in the Monroe County
Comprehensive Plan and the Monroe County Land Development Regulations. The number of
bedrooms will be reduced from 642 to 614 and the number of bathrooms from 654.5 to 626.5.
The reduction of bedrooms subsequently reduces the impact on public facilities. There will be a
reduction of water used, wastewater produced, trips generated, and solid waste generated. The
density and open space calculations will remain the same, which are below the calculations
originally approved for the DR!.
The February 12,2002 amendment to the DR! development order did not constitute a substantial
deviation pursuant to FS 380.06 (19). Therefore, the reduction of impact on public facilities and
the reduction of bedrooms and bathrooms for the market rate housing included in the proposed
amendment do not constitute a substantial deviation.
Page 2 of3
061] 0102
Findings of Fact:
1. The proposed amendment to Hawk's Cay Development of Regional Impact to construct an
additional 28 market rate units and 18 affordable hotel staff units is not considered a
substantial deviation pursuant to Section 380.06 (19) Florida Statutes, but is subject to
Monroe County's Rate of Growth Ordinance Permit Allocation System.
2. The proposed amendment is consistent with the Monroe County Year 2010 Comprehensive
Plan and the pre-l 986 Land Development Regulations.
Recommended Action:
The Planning and Environmental Resources Department staff recommends APPROV AL of the
Hawk's Cay Investors, Ltd.lHawk's Cay Developers Ltd., and the Village at Hawk's Cay request
to reduce the number of bedrooms and bathrooms in the 28 new market rate units to 2 bedrooms
and 2 12 bathrooms each and requires that the new market rate and hotel employee housing units
approved on February 12, 2002 acquire an allocation under the County's Rate of Growth
Ordinance or to acquire equivalent development rights elsewhere in the Middle Keys ROGO
Subarea before permits may be issued.
Page 3 of3
06/1 0/02
APPLICATION
H'<.-::::-.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING
2555 Shumard Oalc Boulevard
Tallahassee, Florida 32399
904/488-4925
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed
change to a previously approved DRI be made to the local government, the regional
planning agency, and the state land planning agency according to this form..
1. I, Don Johnson, the undersigned owner/authorized repre$entatlve of
Hawk's Cay Investors. Limited & Hawks Cay Develooers, Limited
(developer)
hereby give notice of a proposed change to a previously approved Development of
Regional Impact in accordance with Subsection 380.06(19) Florida Statutes. In support
thereof, I submit the following information concerning the
Hawk's Cay DRI
(owner & current project names)
development, which information is true and correct to the best of my knowledge. J have
submitted today, under separate cover, copies of this completed notification to~
Monroe County
(local government)
to the South FloriQa Regional Planning Council, and to the Bureau of State Planning
Department of Community Affairs.
s J :d o~
Date
G/~ C~ d~5/P€N-'
lSignature) ..
2. Applicant: Don Johnson, President
Hawk's Cay Investor's, Ltd.lHawk's Cay Developers, Ltd.
150 East Sample Rd. Suite 200
Pompano Beach, FL 33064-3592
(954) 785-4588
3. Authorized Agent: Elizabeth C. Bowman
Hopping Green & Sams
123 S. Calhoun St.
Tallahassee FL 32301
(850) 222-7500
Pritam Singh
Village at Hawk's Cay, Inc.
786 Duck Key Plaza
Marathon, FL 33050
(305) 743-3000
4. Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
Sections 16 & 21, Township 65 South; Range 34 East, Monroe County.
5. Provide a complete description of the proposed change. Include any proposed
changes to the plan of development, phasing, additional lands, commencement
date, build-out date, development order conditions and requirements, or to the
representations contained in either the development order or the Application for
Development Approval.
The proposed change consists of implementation of a proposed settlement between the
Florida Department of Community Affairs (DCA), the Hawk's Cay Applicant and Monroe
County related to an appeal taken by the DCA of DRI amendments to the Hawk's Cay
development order approved by the County on February 12, 2002. The proposed
change would require the additional units approved in the February 12, 2002, DRI
amendments to obtain an allocation under the County's Rate of Growth Ordinance
Permit Allocation System or to acquire equivalent development rights elsewhere before
building permits could be issued for an additional unit approved under the February 2002
amendments. The proposed change would also reduce the number of bedrooms and
bathrooms in the 28 market rate hotel units previously approved in February 2002.
Indicate such changes on the project master site plan, supplementing with
other detailed maps, as appropriate. Additional information may be
requested by the Department or any reviewing agency to clarify the nature
of the change or the resulting impacts.
No changes to the previously approved master plan are proposed.
6. Complete the attached Substantial Deviation Determination Chart for all
land use types approved in the development. If no change is proposed
or has occurred, indicate no change.
No change in the number of previously approved hotel units is proposed.
7. List all the date and resolution number (or other appropriate identification
numbers) of all modifications or amendments to the originally approved
DRI development order that have been adopted by the local government,
and provide a brief description of the previous changes (Le., any
information not already addressed in the Substantial Deviation
Determination Chart.) Has there been a change in local government
jurisdiction for any portion of the development since the last approval or
development order was issued? If so, has the annexing local government
adopted a new DRI development order for the project?
The Hawk's Cay DRI was originally approved in 1986. All prior amendments to
the DRI development order adopted by Monroe County are as follows:
· Resolution No. 335A-1996 on September 18,1996,
· Resolution No. 086-1998 on February 23, 1998,
· Resolution No. 616-1999 on December 8, 1999,
· Resolution No. 354-2001 on September 19, 2001,
· Resolution 037-2002 on February 12,2002.
8. Describe any lands purchased or optioned within % mile ofthe original DRI
site subsequent to the original approval or issuance of the DRI
development order. Identify such land, its size, intended use, and adjacent
non-project land uses within % mile on a project master site plan or other
map.
N/A.
9. Indicate if the proposed change is less than 40% (cumulatively with other
previous changes) of any of the criteria listed in Paragraph 380.06(19) (b),
Florida Statutes.
Do you believe this notification of change proposed a change which
meets the criteria of Subparagraph 380.06(19)(e)2 F.S.?
YES XX NO
1 O. Does the proposed change result in a change to the build-out date or any
phasing date of the project? If so, indicate the proposed new build-out or
phasing dates.
No.
11. Will the proposed change require an amendment to the local government
comprehensive plan?
No.
Provide the following for incorporation into such and amended
development order, pursuant to Subsections 380.06 (15), F.S., and 9J -
2.025, Florida Administrative Code:
12. An updated master site plan or other map of the development portraying
and distinguishing the proposed changes to the previously approved DRI
or development order conditions.
N/A
13. Pursuant to Subsection 380.06(19) (f), F.S., include the precise language
that is being proposed to be deleted or added as an amendment to the
development order. This language should address and quantify:
a. All proposed specific changes to the nature, phasing, and build-out
date of the development; to development order conditions and
requirements; to commitments and representations in the Application
for Development:
b. Approval; to the acreage attributable to each described proposed
change to land use, open space, areas for preservation, green belts; to
structures or to other improvements including locations, square
footage, number of units; and other major characteristics or
components of the proposed change:
c. An updated legal description of the property, if any project acreage
is/has been added or deleted to the previously approved plan of
development:
d. A proposed amended development order deadline for commencing
physical development of the proposed changes, if applicable:
e. A proposed amended development order termination date that
reasonably reflects the time required to complete the development:
f. A proposed amended development order date until which the local
government agrees that the changes to the DRI shall not be subject to
down zoning, unit density reduction, or intensity reduction, if
applicable; and
g. Proposed amended development order specifications for the annual
report, including the date of submission, contents, and parties to whom
the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C.
See attached draft Resolution..
Nope Document.wpd
Draft
5/2/02
RESOLUTION NO.: -2002
A RESOLUTION OF 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 MASTER DEVELOPMENT APPROVAL FOR THE
HAWK'S CAY EXPANSION DRI; PROVIDING 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 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; and February 12, 2002, the Monroe County Board of County Commissioners approved
amendments to the DR! in Resolution Nos. 335A-1996, 086-1998, 616-1999, 354-2001, and
037-2002, respectively; and
WHEREAS, on May 2, 2002, Hawk's Cay Investors, Limited, and Hawk's Cay
Developers, Limited (hereinafter Applicant), proposed a non-substantial change pursuant to the
procedures of Section 380.06(19)(e)2., F.S., to the 1986 DR! Development Order, as amended,
by filing the required 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 DR! Development Order to implement
a settlement agreement in an appeal of Monroe County Resolution 037-2002 taken by the Florida
Department of Community Affairs by imposing new conditions on the development of 46
additional units authorized in that Resolution; and
128213.1
1
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. (2001); and
WHEREAS, public notice requirements of Monroe County for consideration of the
proposed non-substantial 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 evide3nce and argument on all issues; and
WHEREAS, the Board has reviewed the above-referenced documents, as well as all related
testimony and evidence submitted by the parties and members of the general public; and
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNfY BOARD
OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DR!, shall be further amended as follows:
(New Language is underlined; deleted language is striekCfi through)
Amendments to Resolution No. 365-1986. as amended
1. Further revise Condition 9.1a as follows:
The applicant may construct a maximum of 297 guest units consisting of combinations of no more
the 64t614 bedrooms and 654.5 626.5 bathrooms at Hawk's Cay. The Applicant agrees that the
28 additional market rate units approved in Resolutions 037-2002 adopted on February 12. 2002
shall each contain two bedrooms and 2 1f2 bathrooms. The Applicant further al!:rees that the 28
additional market rate units and the 18 affordable hotel staff Quarters described below shall be
subiect to the provisions of the Monroe County Comprehensive Plan that limit the number of
permits for new residential development in order to maintain hurricane evacuation clearance times
established in the Plan. Therefore. Monroe County shall issue building permits for the 28 market
rate units and for the 18 affordable units only at such time as the Applicant receives a Rate of
Growth Ordinance (ROGO) allocation under the Permit Allocation SYstem. or the Applicant
acquires and extinguishes an eQuivalent number ofbedroomlbath combinations from a site or sites
within the Middle Keys subarea. as defined in Monroe County Code Section 9.5-120.2b. or from
within another subarea if the Monroe County Comprehensive Plan and/or Monroe County Code
is amended to provide authorization. If the site of the aCQuired units is within a separate
municipality. that municipal government must. by resolution. approve the extinguishments and
acknowledge that any new units on the site of the aCQuired units must receive a ROGO award.
128213.1
2
2. Further revise Condition 9.1h as follows:
The Second Supplemental Attachment G2 is modified to conform to the reduction of bedrooms
and bathrooms specified in condition 9.1a.
Section 2. Those provisions of the DRI Development Order, Resolution No. 365-1986,
as amended, which are not further amended by this Resolution shall remain in full force and
effect.
Section 3. 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 4. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S.
Section 5. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on this day of
A.D., 2002.
Mayor
Mayor Pro Tern
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
MAYOR/CHAIRMAN
(SEAL)
ATTEST:
, CLERK
By:
Deputy Clerk
128213.1
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RESOLlmON NO.
037
-2002
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA,
APPROVING AMENDMENTS TO THE DEVELOPMENT
OF REGIONAL IMPACT (DR!) DEVELOPMENT
ORDER. RESOLlmON NO. 365-1986, AND
MODIFICA nONS TO THE MAJOR DEVELOPMENT
APPROVAL FOR THE HA WK'S CAY EXPANSION DR!;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on December 5, 1986, after a public hearing, the Monroe COWlty 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; and December 8, 1999; the
Monroe County Board of County Commissioners approved amendments to the DR! 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 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, the Applicant proposes to revise the DR! master plan for the DR! as approved
to create Corridor 5 which will include an additional 28 hotel unit~ dnd 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 DR! and Major Development; and
WHEREAS, on February 6, 2002 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. (2000); and
02/27/02
Page 1 of4
Initials
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 well 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 DR! 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 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DR!, shall be further amended as follows:
(New language is underlined; deleted language is striekeB 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 follows:
WHEREAS, Hawks Cay Resort when completed will 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
follows:
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 20 10 Comprehensive Plan: and
WHEREAS. the Applicant proooses to build eighteen (18) new staff units for use as
affordable housing: and
WHEREAS. the Developer has agreed to cause Duck Key Wastewater Coooerative.
Inc.. to enter into an agreement providing substantial public benefit by expanding
wastewater treatment facilities to communities otherwise not served. including Conch Key.
Walker Key. Duck Key and Indies Island: and
Page 2 of4
02/27/02
Initials
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 sf these
exhibits &Fe 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 ~ ~est units consisting of combinations
of no more than ~ 642 bedrooms and 55(;.5 654.5 bathrooms at Duck Key. 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 chanszes prooosed on October 12. 2001.
which the Applicant may construct a maximum of three dorm-stYle units with the remaining
units built as cottaJzes consisting of no more than 36 bedrooms and 27 bathrooms. For
purposes 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 percent of the
median adjusted gross annual income for households within Monroe County diyided by 12:
and (2) units exclusively housing Hawk's Cay resort staff. Prior to the issuance of any
certificate of occupancy for any structure containing the staff Quarters. a restrictive
covenant( s) running in favor of and enforceable by Monroe County 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 by the
buildinsz 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 Key Wastewater Cooperative. Inc.. to
enter such aszreement(s) with the Board of County Commissioners and/or the Florida Keys
AQueduct Authority ("the Aszreement(s)") as may be needed to upgrade the Duck Key
Wastewater Treatment Facility and extend Advanced Wastewater Treatment to the
communities of Conch Key. Walker Key. 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
Page 3 of4
03/01102
Initials
conclude an above-described agreement as exoeditiouslv as oossible. No building oermit for
the additional hotel units authorized hereby may be issued until the Agreement has been
dulv executed and either work has commenced thereunder or such oerformance and oavrnent
bonds have been nrovided as reauired bv the Agreement( s ).
8. Add new Special Conditions in Section 13 as follows:
The Anplicant and all successors in interest shall hereby relinQuish any and all ri~ts to seek
vestine: or any other means to reclaim units contemplated bv the original Develooment of
Regional Imoact (DR}). This DRI amendment shall constitute the final and maximum
number of units. which may exist nUTSuant to this DRI.
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 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 S. 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 ;f,. ,_' Kolhage, Clerk
ByJAa /~! c' L11kJ' (tAJ:uv
Deputy Clerk /
BOARD OF COUNTY
MONROE COUNTY, R
ISSIONERS OF
DA
By:
:'3Y
Page 4 of 4
02/27/02
Initials
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Growth Mgt
(305)289-2854
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Memorandum
m:
FROM:
Monroe County Board of County Commissioners
Timothy J. McGarry, ~2':171l
Director of Growth M~!
June 17, 2002
DATE:
SUBJECT:
Hawk's Cay Development of Regional Impact (DR!) Exhibit 1 (Floor Plan 0-4)
The attached Exhibit 1 (Floor Plan GM4) was inadvertently left out of the Hawk's Cay
proposed DR! amendment agenda package dated June 11,2002. The attachment is the
new floor plan for the proposed 28 market rate lU1its consisting 01'2 bedrooms and 2 1/2
bathrooms.
Please add Exhibit 1 to your agenda package item V3 for the June 19,2002 Commission
Meeting.
Cc: James Roberts, County Administrator
Vanny Kolhage, Clerk of the Court
Jim Hendrick, County Attorney
06/1 7/02
Page I of I
Jun 17 02 09:15a
Growth Mgt
(305)289-2854
p. 1
EXHIBIT 1
Jun 17 02 09:12a
Growth Mgt
(305)289-2854
~lNGH REAL ESTATE CO_
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RESOLUTION NO. _ - 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
HAWK'S CAY 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 18,1996; February 23, 1998; and December 8,1999; the Monroe
Country Board of County Commissioners approved amendments to the DRI and Major
Development in Resolution 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 flied 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
WHEREAS, the public notice requirement sof 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 was afforded the opportunity to present evidence and argument on all issues; and
~ // '.J .')
o
WHEREAS, the Board has reviewed the above referenced documents, the related
recommendations of the Planning Commission, as well 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. This Resolution revokes and replaces Resolution No. 037-2002 adopted on
February 12, 2002.
Section 2. The changes proposed by the Applicant in its DR! notification, as modified
hereby, do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 3. Resolution No. 365-1986, the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DRI, shall be further amended as follows:
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 follows:
WHEREAS, Hawks Cay Resort when completed will be a hotel type destination resort
consisting of 297 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
follows:
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 proposes to build eighteen (18) new staff units for use as
affordable housing; and
4. Revise Condition 1.12 as follows:
The land uses 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. This exhibit is
incorporated into this Development Order.
2
5. Revise Condition 9.1a as follows:
The Applicant may construct a maximum of 297 guest units consisting of combinations of
no more than 614 bedrooms and 626.5 .bathrooms at Duck Key. The Applicant agrees that the 28
additional market rate units shall each contain two (2) bedrooms and two and a half (2 Y2)
bathrooms. The Applicant further agrees that the 28 additional market rate units and the 18
affordable hotel staff quarters described below shall be subject to the provisions of the Momoe
County Comprehensive Plan that limit the number of permits for new residential development in
order to maintain hurricane evacuation clearance times established in the Plan. Therefore, Momoe
County shall issue building permits for the 28 market rate units and for the 18 affordable hotel staff
units only at such time as the Applicant receives a Rate of Growth Ordinance (ROGO) allocation
under the permit allocation system., if applicable, or the Applicant acquires and extinguishes an
equivalent number of bedroom/bath combinations from a site or sites within the Middle Keys
subarea, as defined in Momoe County Code Section 9.5-120.2b. If the site of the acquired units is
within a separate municipality, that municipal government must, by resolution, approve the
extinguishments and acknowledge that any new units on the site of the acquired units must receive
a ROGO award, and all of the foregoing shall be subject to appropriate Momoe County
Development approval, taking into account the number of bedrooms and baths in the market rate
units and the affordable hotel staff quarters. For purposes of this Development Order, those
"affordable hotel staff quarters" shall be defined as new rental units that re restricted to (1) a
maximum monthly rent of 30 percent of the median adjusted gross annual income for households
within Momoe County divided by 12; and (2) units exclusively housing Hawk's Cay resort staff.
Prior to the issuance of any certificate of occupancy for any structure containing the staff quarters,
a restrictive covenant(s) running in favor of and enforceable by Momoe County or any resident of
Momoe County shall be filed in the official records of Momoe County. The covenant(s) shall be
effective for thirty (30) years but shall not commence running until a certificate of occupancy has
been issued by 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 Hawk's Cay DR! dated
November 27, 2001. The Second Supplemental Attachment G2 is modified to conform to the
reduction of bedrooms and bathrooms specified in Condition 9.1a.
Section 2. 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 3. 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
3
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 4. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 5. This Resolution shall take effect upon its adoption.
7. Add new Special Conditions in Section 13 as follows:
The Applicant and all successors in interest, shall hereby relinquish any and all rights to
seek vesting or any other means to reclaim units contemplated by the original Development of
Regional Impact (DRI). This DRI amendment shall constitute the final and maximum number of
units, which may exist pursuant to this DRI.
Section 4. Those provision 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 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 19th day of June, 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
BOARD OF COUNfYCOMMISSIONERSOF
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
4