HomeMy WebLinkAbout05-136
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RESOLUTION 05-136
FILE NO.: MJSP 04.()17 and CU.()S.()OS
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4 A RESOLUTION GRANTING A CONDITIONAL USE
5 PERMIT AND A MAJOR SITE PLAN APPROVAL
6 FOR A 100 UNIT CONDOMINIUM INCLUDING A
7 7,700 SQUARE FOOT BEACH CLUB FOR
8 PROPERTY LOCATED IN ST. LUCIE COUNTY,
9 FLORIDA.
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11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
12 testimony and evidence, including but not limited to the staff report, has made the following
13 determinations:
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15 CONDITIONAL USE PERMIT
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17 1. Ginn-LA St. Lucie, LLP presented a petition for a Conditional Use Permit to allow the
18 operation of a 7,700 square foot beach club in the HIRD (Hutchinson Island Residential
19 District) and PUD (Planned Unit Development) Zoning Districts for property described in
20 Part B below.
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22 2. Beach Clubs are allowed as Conditional Uses in the HIRD (Hutchinson Island
23 Residential District) pursuant to Section 3.01.03(AA)(6)(b )(2) of the St. Lucie Land
24 Development Code which allows "Athletic and entertainment clubs or facilities, provided
25 that the proposed use will not generate traffic in excess of that projected for the parcel if
26 developed at the maximum permitted residential density."
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28 3. On March 17, 2005, the St. Lucie County Planning and Zoning Commission held a public
29 hearing on the petition, after publishing notice at least 10 days prior to the hearing and
30 notifying by mail all owners of property within 500 feet of the subject property, and
31 recommended that the Board of County Commissioners approve the hereinafter
32 described request for a Conditional Use Permit in the (Hutchinson Island Residential
33 District) and PUD (Planned Unit Development) Zoning Districts for the property
34 described below.
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36 4. On April 19, 2005, this Board held a public hearing on the petition, after publishing a
37 notice of such hearing and notifying by mail all owners of property within 500 feet of the
38 subject property.
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40 5. The proposed Conditional Use is consistent with the goals, objectives, and policies of
41 the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section
42 11.07.03 of the St. Lucie County Land Development Code.
File No.: GU-OS-005 and MJSP 04-017
April 19,2005
Resolution 05-136
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2880677 06/15/2006 at 04·13 PM
~:C~~~N~~$~~~E 1602· 1612 Doc Type: RESQ
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2 6. The proposed project will not have an undue adverse effect on adjacent property, the
3 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
4 affecting the public health, safety and general welfare.
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6 7. The proposed project will be provided water service by Ft. Pierce Utilities Authority and
7 sewer service by St. Lucie County.
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9 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
10 the Growth Management Director on April 19, 2005.
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12 SITE PLAN
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14 9. Ginn-LA St. Lucie, LLP presented a petition for a Site Plan approval to allow the
15 construction of a 100 unit condominium in the HIRD (Hutchinson Island Residential
16 District) and PUD (Planned Unit Development) Zoning Districts for property described in
17 Part B below.
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19 10. The Development Review Committee has reviewed the petition for Major Site Plan
20 approval and found it to meet all technical requirements of the Land Development Code
21 and to be consistent with the future land use maps of the St. Lucie County
22 Comprehensive Plan.
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24 11. The Proposed project is consistent with the general purpose, goals, objectives, and
25 policies of the St. Lucie County Comprehensive Plan, the St. Lucie County Land
26 Development Code, and the Code of Ordinances of St. Lucie County.
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28 12. The proposed project will not have an undue adverse effect on adjacent property, the
29 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
30 affecting the public health, safety, or general welfare.
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32 13. All reasonable steps have been taken to minimize any adverse effect of the proposed
33 project on the immediate vicinity through building design, site design, landscaping, and
34 screening.
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36 14. The proposed project will be constructed, arranged, and operated so as not to interfere
37 with the development and use of neighboring property in accordance with the applicable
38 district regulations.
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40 15. The proposed project will be provided water service by Ft. Pierce Utilities Authority and
41 sewer service by St. Lucie County.
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43 16. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
44 the Growth Management Director on April 19, 2005.
File No.: CU-05-005 and MJSP 04-017
April 19. 2005
Resolution 05-136
Page 2
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
CONDITIONAL USE PERMIT
A. Pursuant to Section 11,07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit is approved for Ginn-LA St. Lucie. LLP, to allow the
operation of a 7700 square foot beach club in the HIRD (Hutchinson Island
Residential District) and PUD (Planned Unit Development) Zoning Districts, subject
to the following condition:
The beach club shall be limited to 7,700 square feet and the site Plan shall be limited
to 100 dwelling units,
B. The subject property is described as follows:
PARCEL 1
BEING A TRACT OF LAND LYING IN SECTION 22, TOWNSHIP 36
SOUTH, RANGE 41 EAST, ST LUCIE COUNTY, FLORIDA; BOUNDED ON
THE SOUTH BY A LINE PARALLEL WITH AND 5,767.86 FEET
NORTHERLY (MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE
OF SECTION 27, OF SAID TOWNSHIP AND RANGE; ON THE NORTH BY
A LINE PARALLEL WITH AND 6,323,74 FEET NORTHERLY (MEASURED
AT RIGHT ANGLES) FROM THE SOUTH LINE OF SAID SECTION 27; ON
THE WEST BY EAST RIGHT-OF-WAY LINE OF STATE ROADA-1-A; AND
ON THE EAST BY THE WATERS OF THE ATLANTIC OCEAN.
PARCEL 2
A TRACT OF LAND EXTENDING FROM THE ATLANTIC OCEAN TO THE
INDIAN RIVER BEING DESCRIBED AS THE NORTH 189.66 FEET OF THE
SOUTH 509.94 FEET OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE
41 EAST, MEASURING 200 FEET ALONG THE ATLANTIC OCEAN AND
BEING FURTHER DESCRIBED AS BEING THE NORTH 189.66 FEET OF
THE FOLLOWING DESCRIBED PROPERTY:
A TRACT OF LAND IN SECTIONS 22 AND 27, TOWNSHIP 36 SOUTH,
RANGE 41 EAST, LYING AND BEING IN ST. LUCIE COUNTY FLORIDA,
BOUNDED ON THE SOUTH BY A LINE PARALLEL TO AND 4470 FEET
NORTHERLY OF THE SOUTH LINE OF SAID SECTION 27, MEASURED
ON THE PERPENDICULAR, AND LYING BETWEEN THE WATERS OF
THE INDIAN RIVER AND THE ATLANTIC OCEAN, LESS THE RIGHT-OF-
WAY OF STATE ROAD A1A; ALSO DESCRIBED AS THE NORTH 787.09
FEET OF SAID SECTION 27, AND THE SOUTH 509.94 FEET OF SAID
SECTION 22, LESS THE RIGHT-OF-WAY LINE OF STATE ROAD A1A.
File No.: CU-05-005 and MJSP 04-017
April 19. 2005
Resolution 05-136
Page 3
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PARCEL 3
THE NORTH 141.89 FEET OF THE SOUTH 320.28 FEET OF SECTION 22,
TOWNSHIP 36 SOUTH, RANGE 41 EAST, BOUNDED ON THE WEST BY
THE WATERS OF THE INDIAN RIVER, AND ON THE EAST BY THE
WATERS OF THE ATLANTIC OCEAN.
PARCEL 4
A TRACT OF LAND LOCATED ON HUTCHINSON ISLAND, ST. LUCIE
COUNTY, FLORIDA EXTENDING FROM THE ATLANTIC OCEAN TO THE
INDIAN RIVER BEING DESCRIBED AS THE SOUTH 178.39 FEET OF
SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, AND THE
NORTH 59.06 FEET OF SECTION 27, TOWNSHIP 36 SOUTH, RANGE 41
EAST, MEASURING 250 FEET ALONG THE ATLANTIC OCEAN.
Location:
South Hutchinson Island on State Road A-1-A
SITE PLAN
Pursuant to Section 11.02.09 and Section 11,07.05 (B) of the St. Lucie Land
Development Code, the Major Site Plan for the Project known as Tesoro Beach Club
is hereby approved as shown on the site plan drawings for the project prepared by
East Bay Group, LLC, date March 10, 2005 and date stamped received by the St.
Lucie County Growth Management Department on that same day, subject to the
following conditions,
1. The beach club shall be limited to 7,700 square feet and the site plan shall be
limited to 100 dwelling units,
2. Right and left turn lanes shall be constructed at the project entrance.
3. Prior to the approval of any plat for the proposed Tesoro Beach Club, a
landscape plan shall be approved by the 51. Lucie County Environmental
Resources Division.
4. Prior to the approval of any plat for the proposed Tesoro Beach Club, a Sea
Turtle Protection Plan, including lighting standards for the project must be
approved by the 51. Lucie County Environmental Resources Division.
5. Prior to issuance of any building permit, a plat dedicating the conservation
easements shown on the site plan must be approved by the County.
File No.: CU-05-005 and MJSP 04-017
April 19. 2005
Resolution 05-136
Page 4
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The approvals and authorizations granted by this Resolution are for the purpose of
obtaining building permits for this property, and shall expire on April 19, 2007, unless
the developer has obtained a building permit for the uses described in Part A above,
or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie
County Land Development Code.
The Certificate of Capacity, a copy of which is attached to this resolution, shall
remain valid for the period of Conditional Use approval. Should the Conditional Use
approval granted by this resolution expire or an extension be sought pursuant to
Section 11.07.05(F) of the St. Lucie County Land Development Code, a new
certificate of capacity shall be required.
The property on which this site plan approval is being granted is described in Part B
of this Resolution.
The Conditional Use Permit and Major Site Plan approval granted under this
resolution specifically require that the petitioner, including any successors in interest,
shall obtain all necessary development permits and construction authorizations from
the appropriate State and Federal regulatory agencies, including but not limited to:
the United States Army Corp of Engineers, the Florida Department of Environmental
Protection, and the South Florida Water Management District, prior to the issuance
of any local building permits or authorizations to commence development activities
on the property described in Part B of this Resolution.
The Conditions set forth in Part C of this Resolution are an integral non-severable
part of the site plan approval granted by this Resolution. If any condition set forth in
Part D is determined to be invalid or unenforceable for any reason, and the
developer declines to comply voluntarily with that condition, the site plan approval
granted by this resolution shall become null and void.
The St. Lucie County Growth Management Department Director is hereby authorized
and directed to cause the notation of this resolution to be made on the Official
Zoning Map of St. Lucie County, Florida, and to make notation of reference to the
date of adoption of this resolution.
File No.: CU-05-005 and MJSP 04-017
April 19. 2005
Resolution 05·136
Page 5
After motion and second, the vote on this resolution was as follows:
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Chairman Frannie Hutchinson
Vice-Chairman Doug Coward
Commissioner Chris Craft
Commissioner Paula Lewis
Commissioner Joseph E. Smith
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 19th day of April 2005
ATTEST:
DEPUTY CLERK
File No.: CU-05-005 and MJSP 04-017
April 19, 2005
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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BY·-,>, /í,VY.',.....l'~t,.1~ýl'~)
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APPROVED AS TO FORM
AND CORRECTNESS:
'I.: .~ ~
~ COUNTY ATTORNEY
Resolution 05-136
Page 6
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Exhibit A
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Certificate of Capacit'l
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File No.: CU-05-005 and MJSP 04-017
April 1 g, 2005
Resolution 05-136
Page 7
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7 Exhibit B
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10 . Vicinity Maps
11 . Site Location Map
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File No.: CU-05-005 and MJSP 04-017
April 1 g, 2005
Resolution 05-136
Page 8
St Lucie County
Certificate of Capacity
Date 4/19/2005 Certificate No. 2431
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development CU and Major SP Tesoro BeacH Club
Number of units 0
Number of square feet
2_ Property legal description & Tax ID no.
3522-313-0001-000/3, 3522-342-0002-000/7, 3522-344-0001-000/6, 3522-344-0002-000/3
South Hutchinson Island, E Side of SR AlA S
Tesoro Beach Club
3. Approval: Building
Resolution No. 05-136
Letter
4. Subject to the following conditions for concurrency:
as per resolution No. 05-136
Owner's name
Ginn LA St. Lucie, LLLP
Address
3500 W. Corporate Parkway, Suite 204
Palm City FL 34990
6. Certificate Expiration Date 4/19/2006
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
develop~t order(s) issued for the same property, use and size as described herein.
S¡go" :j,r.JN-~ L D,",6I7nOM
(Growth Management Director
St Lucie County, Florida
Wednesday, June 07, 2006
Page 1 of2
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Map prepared May 4, 2006