SUMMARY
OF HAWK'S CAY EXPANSION AND COMMUNITY INVOLVEMENT
For residents new
to Duck Key or who are unfamiliar with events or have
been unable to attend meetings and hearings leading up to
the present expansion, a description of the pertinent
history from 1986 to the present is provided below
-
This summary uses
original documents from Duck Key Property Association
records and letters describing negotiations by the
involved parties around Lake Lucille in 1986.
In brief, the
expansion plan of the Hawk's Cay Resort has gone through
three different configurations since 1986:
1. the
original 1986 Development of Regional Impact which
focused on building conference and tennis garden
suites and North and South Harbor suites -
2. a 1995
modification proposal which placed four story
condominiums built by Dev Tech Co. along Duck Key
Drive and the marina area with 25 luxury suites to be
built along Lake Lucille and the canal, and asked for
an extension of time,
3. and the
Pritam Singh building plan which calls for two story
Conch type houses along Duck Key Drive, the Marina,
and Lake Lucille and the nearby canal. This plan also
required an extension of time to 2004.
1985
Hawk's Cay has 156
rooms and 22 two bedroom suites on approximately 60 acres
of land.
1985-86
Declaration of
Covenants , Conditions and Restrictions filed by Hawk's
Cay
With resort
expansion on the horizon, Yacht Club Island residents
adjacent to the resort and Lake Lucille seek protections
from the resort and propose that a number of restrictions
be negotiated with Hawk's Cay. Residents around Lake
Lucille (Steves, Elges, Lawes, Oldam, Wilson, and others)
work toward a resolution. In February of 1986, Hawk's Cay
agrees to covenants, conditions and restrictions after
negotiating with DKPOA and residents around the Lake
Lucille area. This Declaration filed by the resort with
the County is binding on all subsequent land holders
governed by the "protected" area at Hawk's Cay Resort.
With this agreement, the resort's major development
project went uncontested. Documents from that period
indicate that Duck Key islanders supported the Hawk's Cay
expansion plan. In brief the multi-paged Declaration
provides that:
1.
Hawk's Cay asserts its desire to protect the quiet
enjoyment, high quality and residential integrity of
the residential subdivision adjacent to the resort.
2. Hawk's
Cay asserts its desires to develop and maintain its
resort property in a manner compatible and beneficial
to the high quality of the residential subdivisions
adjacent to resort property.
3.
Construction and development will be limited to hotel,
resort and residential development including
facilities, conference and meeting rooms, swimming
pools and other accessory uses appropriate to a
resort
4. A
protected area is established which limits the type of
development activity and prohibits certain commercial
activities. Charter boats, rental boats, recreational
day use boats, marina offices, stores, restaurants,
bars, public entertainment or other similar commercial
activities are prohibited .
5. Sound
levels produced within the protected area shall not
exceed those normally acceptable in residential
neighborhoods
6.
Live-aboards and houseboats are prohibited at the
marina / Lake Lucille site.
7.
Activities between 10:30 p.m. and 7:00 a.m. are not
permitted if they interfere with the peace and
enjoyment of the residential neighborhood
8.
Restrictions are placed on refuse, discharges,
effluent, and boat sewage.
9.
Dockside Rules and Procedures are required regarding
conduct and operation of vessels in the marina/Lake
Lucille
10.
Fueling limitations are set
11.
mangroves and other plant species are to be
protected
Ironically and
rather prophetically, Yacht Club residents near Lake
Lucille tried but were unsuccessful in obtaining the
following in October of 1985:
1. a
limitation exclusively to residential use for the land
bordering the adjacent community
2. restrictions
on building density and height in the area zoned RU-3
Multiple - Family Residential adjacent to
community
3. restrictions
of density and height in the area zoned RU-4 Townhouse
Residential adjacent to the community
4. maintenance
of the canal and Lucille seawall so that it would not
deteriorate
5. stipulations
on anchoring, and mooring on other than waterfront
land
6. restrictions
on the maximum days of docking per month
7. restrictions
on additional boat slips which would require digging
or excavation
Of note and
particularly bothersome to the group was the Covenant's
acknowledgement of the existence of a "marina" and
anticipated zoning down the road as a Destination Resort.
The group did
get assurances and a guarantee that Hawk's Cay would
prohibit undesirable elements such as restaurants, bars,
public entertainment, shops, stores , offices , boat
storage, and other commercial uses such as charter boats
in the protected area adjoining affected homes. The Yacht
Club group was also successful in obtaining prohibitions
of auditory and visual nuisances.
While the covenant
did not contain all the elements sought by the Yacht Club
group, it seems apparent that the Yacht Club group and
Duck Key accepted what was negotiated. The group's
spokesperson, regretted that " we did not accomplish
more. However, without our effort, there would be no
promise of a Covenant of any sort."
The Yacht Club
group was not opposed to the expansion plan and only
wanted protections in the form of a Covenant ,and if the
groups spokeman is to be believed, the rest of Duck Key
generally viewed the Yacht Club group's concerns about
Lake Lucille and the residential community bordering the
resort as " just another neighborhood dispute of small
consequence. "
December 5, 1986
- Hawk's Cay is
granted preliminary approval by Monroe County Zoning
Board to expand the resort as a DRI (Development of
Regional Impact). Board of County Commissioners grant
approval on December 5, 1986; the development order
becomes effective January 25, 1987.
1986
Approved Expansion
Plan - County approved resorts DRI
Marina Villa Area
- Expansion
calls for additional conference and commercial space plus
an additional 444 units (most one bedroom and some
suites) with a total of 564 bedrooms. At the north end of
the resort, the Marina Villa area, 86 ( 2 bdrm.) suites
were planned. Only twenty-two will be
completed.
Duck Key Drive
- Ninety-six
units along with a restaurant and stores were planned
along Duck Key Drive facing Tom's Harbor.
Yacht Harbor
aka Lake Lucille area - Of
particular interest to the residential community
bordering the resort, the plan called for 60 South Harbor
Guest suites around Lake Lucille and 48 luxury guest
suites along the Lake and canal adjacent to the
residential neighborhood. Between these and the old
Administration building 96 Tennis Garden Suites were
planned.
Administration
Building and the existing tennis courts -
Between administration
and the tennis courts a 26,000 (sf) Conference Center one
level above parking was planned. An additional 60 bedroom
wing will also be added to the Inn.
1986
DKPOA Annual
Meeting : Declaration
of Covenants, Conditions and Restrictions on the Agenda
presented th the member residents
1986 - 1994
Economic conditions
play a part in Hawk's Cay only completing 22
two bedroom units in
the Marina Villa area during this period. Ten year limit
on Hawk's Cay approval to expire in 1996 necessitating
the resort asking the Planning Board for an extension and
for modifications to meet market demands.
January 1995
- DKPOA Annual Meeting
- Don Johnson
speaks to residents about resort development at the
annual meeting. Initial plan calls for reconfiguration of
retail, restaurant and conference facilities and more
clustered design for units.
It is not
until November 4th of 1996 that community learns 301 ( 2
Bdrm.) units will be located between Duck Key Drive and
Tom's Harbor in a 44 foot, four story flat roof building.
Adjacent to Lake Lucille and canal 25 luxury (3 Bdrm.)
suites are planned. A total of 114 more bedrooms than the
original 1986 plan is proposed.
October, 1995
- Notice Sent
To Surrounding Property Owners
Duck Key residents
adjacent to resort notified of meeting before Planning
Board requesting changes in DRI by HC
November 1, 1995
- Serendipitously,
a visit to Planning Board Office raises concerns about
condo architecture, increase in numbers of bedrooms from
1986 plan, traffic, sewage treatment, etc.
Newspaper accounts
had indicated fewer units to be built than in the 1986
plan , but no mention was made of an increase of 114
additional bedrooms and bathrooms.
November 4,
1995 - All
residents invited to meeting held on November 4 at a
resident's home. Sixty- six residents attend. Hurriedly,
action committees are formed in preparation for November
9 Planning Board meeting.
November 2 and 6
- DKPOA Board
of Directors Meet to discuss community concerns
November 8 - Phone
calls by DKPOA to membership, one hundred Duck Key
residents will attend the Planning Board
meeting.
November 9, 1995 -
Meeting before Planning Commission for Modification and
Extension of Hawk's Cay Expansion. Planning Board staff's
report recommends Preliminary Approval with Conditions,
but no presentation is made nor action taken because
Hawk's Cay asks for the hearing to be deferred in order
to meet with the community and address its
concerns.
November 17, 1995 -
Hawk's Cay meets with community and listens to action
group reports and concerns on design , density, jet skis,
security, traffic, boat ramp usage, sewage etc.
Membership surveyed. Don Johnson states he came to listen
and will meet with DKPOA's Board
November -
December, 1995 - January, 1996
Meetings - DKPOA
Officers and/or Board meets with developers, with
Planning Board staff, with Florida Dept of Environmental
Protection to address concerns
December 5, 1995
Information packet
sent out to membership for review on the development of
condominiums at the entrance to Duck Key Drive. Packet
indicate how major concerns, i.e., architectural design,
density, sewage, traffic, security, jet skis, boat ramp,
and landscaping have been addressed to date. . Building
redesign and 114 bedroom reduction are among the
significant changes presented.
December 1995
- Presidents
Message (newsletter )
Community informed
of meetings toward resolving issues about architecture,
density, sewage, jet skis, boat ramp. etc. New
architectural rendering for condominiums included in
letter for those unable to attend meetings.
December 12,
1995 - DKPOA
and Hawk's Cay - Open Meeting - Duck Key
Residents
New architectural
rendering along with Memorandum of
Understanding
The
understanding arrived at between DKPOA and HCR
states:
1. HCR and
the developer, Dev Tech Co, plan to construct a
maximum of 222 condominium units in 10 buildings of
which 7 will be located at the west side of Duck Key
Drive, 1 located at the south side of Greenbriar Road
and 2 located at the north side of Marina
Villas.
2. HCR will
construct a maximum 10,000 sq. ft.of retail space at
the west side of Duck Key drive.
3. HCR will
construct 15,000 sq. ft. of convention space at the
resort complex.
4. HCR will
build 7,100 sq. ft. of recreation center and pool at
the west side of Duck Key Drive.
5. HCR will
develop and sell single family lots at Lake Lucille
for the development of 25 homes.The maximum height of
the buildings will be 2 stories and the design must be
approved by Hawk's Cay and reviewed by
DKPOA.
6. HCR will
reconfigure the roads on resort property.
7. HCR will
provide a boat trailer/RV parking area unseen from
Duck Key Drive.
SPECIFIC
REQUESTS AGREED TO
1. HCR will
provide a long term lease (20 years) renewable for
another 20 years at a cost of $1 for 100'X100' at the
corner of Duck Key Drive and Greenbriar Rd. for the
installation of a "welcome booth". HCR will permit
"hookup" of sanitation and electricity at said welcome
booth. HCR will provide a road turn around as shown on
exhibit 2.
2. HCR will
reconfigure the boat ramp to eliminate the use Duck
Key Drive as a launch ingress and egress, Exhibit
3.
3. HCR will
landscape the east and west side of Duck Key Drive in
accordance with general understandings as attached at
Exhibit 4. Landscaping will meet or exceed Monroe
County standards in effect at permit time.
4. HCR will
adopt and enforce, to the best of its ability, the jet
ski restrictions as listed in Exhibit
5.
5. HCR will
attempt to obtain approval to install and operate a
welcome booth on Duck Key Drive at the main entrance
to Sunset Island Villas for the purpose of
providing:
a.
bridge safety information for pedestrians and
motorists
b. traffic
information and guidance for visitors and guests to
the resort and residences
c. security
for Hawk's Cay Resort, Sunset Island Villas and the
Duck Key residences.
A pass through
lane for public access will be
provided.
DKPOA will
assist HCR in this effort if it is determined by DKPOA
and the Duck Key Security District Advisory Board that
this will significantly improve public safety and the
security of the residential islands.
Any financial
support from the residential islands for the operation
of the welcome booth must be approved by the Duck Key
Security Advisory Board under the guidelines
established by Monroe County.
6. There will be
no boat dockage allowed on the south side of
Greenbriar Road or the west side of Duck Key Drive at
Sunset Villas.( Tom's Harbor) Two fishing piers as per
Exhibit 8 may be constructed near the west end of the
Greenbriar Rd. parcel. Piers will be located near the
shoreline near Lots 5 and 4 of Block 14 according to
the Plat of "Duck Key, Section 1, Part 1, as recorded
in PLat Book 5 at page 82.
7. The
deteriorating seawall bordering Lake Lucille and the
canal area will be repaired within two years of final
approval of the development plan.
8. Construction
of each building will be completed within 18 months of
ground breaking.
9. The Sunset
Island building, to be located on the south side of
Greenbriar Rd., will consist of no more than 12 units
and two floors of height.
Acceptance of these
terms and conditions by DKPOA does not constitute its
approval of the Hawk's Cay Resort project. DKPOA defers
to local, state, and federal agencies on all other
matters. Current rules, regulations, laws, policies, and
codes are expected to be applied for the protection of
the environment, safety of the public and preserve the
property values on Duck Key.
NOTE : With this
agreement numbers of bedrooms returns to that proposed in
the original 1985 proposed DRI.
January 12, 1996
- DKPOA Annual
Meeting
New officers
elected , additional materials on Hawk's Cay
distributed
January 24, 1996 -
Planning Commission
unable to consider Hawk's Cay's Application because of
another matter before it. Commission sets special hearing
date of February 1, 1996 for Hawk's Cay matter. Planning
staff's report to Commission recommends denial of the
current proposal to modify and extend the expiration date
of the approved DRI.
Staff's report
notes 2010 Comprehensive Plan policy direction to reduce
the amount and number of transient hotel rooms, and
problem with the projected reserve capacity and level of
service on the Duck Key segment of US1.
February 1, 1996 -
Special Meeting of Planning Commission
Planning Board
listens to developer's presentation and comments from
audience. Six Duck Key residents speak against project.
Local businessmen speak in favor. DKPOA asks that the
agreement negotiated with Hawk's Cay be made a part of
the Resolution if the Planning Board decides in favor of
Hawk's Cay request.
Planning
Board decides it will recommend approval of HCR's
modifications to the County Commission BUT - will not
recommend an extension of time.
March
DKPOA newsletter
informs membership of Planning Board's action in February
and gives notice of BOCC meeting on March 20
March 20, 1996
Meeting before
County Commission
Meeting canceled at
HCR's request.
April,
1996
DKPOA newsletter
gives Hawk's Cay update
Pritam Singh to be
new developer. In all probability the project will be
redesigned.
DKPOA's Summer
Newsletter, 1996 - Hawk's
Cay Update
Information
provided on number , type, and location of units planned
by Singh. Reminder as to dates and times for community
information meeting and July Planning Board hearing.
July 22, 1996
- Hawk's Cay
Development Information Meeting for Duck Key
Community
Pritam Singh speaks
to Duck Key community about development plans. Unit
density will be spread in 3 corridors. Singh will honor
previously agreed upon Memorandum of Understanding as it
applies to his project. Plans call for 90 to 143 units by
Lake Lucille and canal. Singh has agreed to 90 units
bordering residential property along Lake Lucille and
canal and will leave 1/3 open linear space in that area.
July 24, 1996
- Meeting
before Planning Board
Project
modifications and extension get Planning Board approval
but procedural errors require that the Board reconvene in
September.
September 5, 1996
- Meeting
before the Planning Board
Project
modifications and extension get Planning Board approval
December 1996
- Meeting of
County Commission
BOCC approves
Hawk's Cay's request for modification of the project and
the extension of its vested rights to expand.
May 7, 1997-
Planning
Board
Board grants a
variance to reduce minimum side yard setback.
February, 1998
- Meeting of
Planning Board
Singh obtains
approval to reconfigure hotel units by moving 5 -10 units
to corridor 4 which will include recreational facilities
of 2 pools, playing courts, playground, and recreation
club. Singh withdraws request to use residential building
standards instead of commercial. He also withdraws the
item dealing with handicapped access.
February 23,
1998 - Monroe
County Commission Hearing
Planning Board
approval of Singh modification goes before BOCC for
action.
Later at Commission
Meetings
Various setback
variances issued from twenty feet to ten then
seven.
December 11,
2001- Meeting
of Planning Board
Hawk's Cay
Developer to ask for 28 additional villa units in further
expansion. Representative ask that item be continued to
another date.
DKPOA takes a
position opposing further expansion than that agreed upon
in 1995/1996.
December 2001 -
Annual Meeting of Duck Key Property Association at Club
Duck Key -
All island
residents invited to informational part of meeting.County
Representation ( Nora Williams) and Resort make a
presentation involving plans for sewage piping and waste
water treatment for the residential island of Duck Key,
Walker Key and Conch Key to be tied in to Resort
Expansion and transfer of unused building permits to
County. Voting - Community expresses enough interest so
that a more complete proposal will be presented at a
later date .
February 3, 2002 -
Duck Key Property Association Meeting at Club Duck
Key
Partial
presentation with bullet points of waste water proposal
to Community. Voting
February 6, 2002
- Planning
Board
Approved by vote of
3 to 2. General understanding is that a later contract
and provisions must be satisfactory to community and
commissioners
February 12, 2002
- Commissioners'
Meeting
Approved
January /February
2002 - Concerned Citizens of Duck Key group is formed to
contest resort's additional expansion and associated
wastewater treatment plant for Duck Key.
For more recent
developments see news articles and Concerned Citizen
Newsletters in Archives.
NOTE: If you have
any additional facts or corrections please bring them to
the attention of Duck Key Online.
