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Home My WebLink About07-248 t{JpL( /ð ~ -r:/h . G ft] r6à EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 314420612/13/2007 at 09:14 AM OR BOOK 2915 PAGE 1115 - 1126 Doc Type: RESO RECORDING: $103,50 1 RESOLUTION NO. 07-248 2 FILE NO.: 420071106 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 5 COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR 6 A 7,700 SQUARE FOOT BEACH CLUB FOR THE PROJECT KNOWN AS TESORO 7 BEACH CLUB MAJOR SITE PLAN CONSISTING OF A 100 UNIT CONDOMINIUM 8 DEVELOPMENT IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) 9 ZONING DISTRICT AND PUD (PLANNED UNIT DEVELOPMENT - PELICAN 10 POINTE) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, 11 FLORIDA. 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and 14 evidence, including but not limited to the staff report, has made the following determinations: 15 16 CONDITIONAL USE PERMIT 17 18 1. Ginn-LA St. Lucie. LLP presented a petition for a Conditional Use Permit to allow the operation of 19 a 7,700 square foot beach club in the HIRD (Hutchinson Island Residential District) Zoning 20 District, and PUD (Planned Unit Development - Pelican Pointe) Zoning District for property 21 described in Part B below. 22 23 2. Beach Clubs are allowed as Conditional Uses in the HIRD (Hutchinson Island Residential District) 24 pursuant to Section 3.01.03(AA)(6)(b)(2) of the St. Lucie Land Development Code which allows 25 "Athletic and entertainment clubs or facilities, provided that the proposed use will not generate 2 6 traffic in excess of that projected for the parcel if developed at the maximum permitted residential 2 7 density." 28 2 9 3. On March 17, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing 30 on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all 31 owners of property within 500 feet of the subject property, and recommended that the Board of 32 County Commissioners approve the hereinafter described request for a Conditional Use Permit in 33 the (Hutchinson Island Residential District) and PUD (Planned Unit Development- Pelican Pointe) 34 Zoning Districts for the property described below. 35 36 4. On April 19, 2005, this Board held a public hearing on the petition, after publishing a notice of 37 such hearing and notifying by mail all owners of property within 500 feet of the subject property. 38 39 5. On June 6, 2006, this Board held a public hearing on the petition, after publishing a notice of such 4 0 hearing and notifying by mail all owners of property within 500 feet of the subject property to grant 41 a 12 month extension for the Conditional Use Permit. 42 43 6. On October 18, 2007, the St. Lucie County Planning and Zoning Commission held a public 44 hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying 4 5 by mail all owners of property within 500 feet of the subject property, and recommended that the 46 Board of County Commissioners approve the hereinafter described request for a conditional Use 47 Permit in the (Hutchinson island Residential District) Zoning District for the property described 48 below. File No.: CU 420071106 November 20, 2007 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3146422 12/18/2007 at 03:31 PM OR BOOK 2917 PAGE 1375 - 1386 Doc Type' RESO RECORDING: $103,50 . Resolution No. 07-248 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 7. On November 20,2007, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 ofthe St. Lucie County Land Development Code. 9. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 10. The proposed project will be provided water service by Ft. Pierce Utilities Authority and sewer service by St. Lucie County. 11. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Growth Management Director on September 10, 2007. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 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 7,700 square foot beach club in the HIRD (Hutchinson Island Residential District) Zoning District and PUD (Planned Unit Development - Pelican Pointe) Zoning District, subject to the following condition: The beach club shall be limited to 7,700 square feet of the Tesoro Beach Club Major Site Plan consisting of one hundred 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 ROAD A-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 File No.: CU 420071106 November 20, 2007 Resolution No. 07-248 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. 29 30 31 32 33 34 D. 35 36 37 38 39 E. 40 41 42 43 44 45 46 47 F. 48 49 50 51 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. 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 BYTHE 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. (Property Tax ID#"s 3522-342-0002-000/7, 3522-343-0001-0003, 3522-344-0001-000/6, and 3522- 344-0002-000/3) Location: South Hutchinson Island - east side of State Road A-1-A south of the County's wastewater treatment plant and across from Pelican Point Subdivision The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits for this property, and shall expire on November 20, 2008, 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 Conditional Use Permit 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 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 420071106 November 20, 2007 Resolution No. 07-248 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 ª~ 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 After motion and second, the vote on this resolution was as follows: Chairman Joe Smith AYE Vice-Chairman Paula Lewis AYE Commissioner Doug Coward AYE J Commissioner Charles Grande AYE "'- Commissioner Chris Craft AYE /' '. PASSED AND DULY ADOPTED this 20th day of November, 2007 . - , ....,"". BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY YÍ1v~ ' ý¡ c e. - Chairm ATTEST: lap H:\PLANNING\Tesoro Beach Club\2007 Tesoro Beach Club CU\TBC Res 07-248.doc File No,: CU 420071106 November 20, 2007 Resolution No. 07-248 Page 4 10 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 Exhibit A Certificate of Capacity File No.: CU 420071106 November 20. 2007 Resolution No. 07-248 Page 5 1 2 3 4 Exhibit B 5 6 7 . Vicinity Maps 8 . Site Location Map 9 10 11 12 13 14 15 File No.: CU 420071106 November 20, 2007 Resolution No. 07-248 Page 6 ~ . . '. . - -, .-. CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 9/10/2007 Certificate No. 2666 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 Tesoro Beach Club Major SP Extension Number of units 100 Number of square feet 7,700 BC 2. Property legal description & Tax 10 no. 352234200020007;352234300010003;352234400010006;352234400020003 South Hutchinson Island Tesoro Beach Club 3. Approval: Building Permit Resolution No. 07-137 Letter 4. Subject to the following conditions for concurrency: Owner's name Tesoro Beach Club Condominium Address 215 Celebration PI Celebration FL 34747 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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 development order(s) issued for the same property, use and size as described herein. ~ ItU S6r1re1U~ Growth Management Director: St Lucie County, Florida Signed Date: 9/10/2007 ,4/f)ePtJ ßooe£ Concurrency Review by: Signed~ - Date: 9/10/2007 Monday, September 10, 2007 Page 1 of 1 l"- e e µ.¡ N J'... r-.: 0 N CD T- Z CIl 1ií ::l '(3 T- 01 J'... '" ::l :::J ~ .!! « 0 ~ "0 --' 0 (l) N ro ....... 0.. C/) -.::t ~ 0.. « Ü 0.. (ll --' Ü ~ c OJ c (!) :;:;. c: ::> c Ü lB '" ëi:: c: '" '6 .EO ~ Ü ill ill ¡¡ .c <n 0 .. ~ "' t ~ <n Ü "' ')' :;:;. c: ::> 8 c: 'e ~ pirãù~~ ~ ü M N Ò PH UOl¡.ma leue:) vl-Q 1 ü ~ ill '" e c M ')' ü ÁlunO;) aaqOLpaa'lO ~ ~ ':) ç:. (l o ca, ~ ~ q:,. ~ "&¿ 6)...... \ \ \ \ Subject property Map prepared August 27, 2007 N À BCC 420071107 Legend G n t.Lucie, Zoning CPUB CPUB ~ g:;. ~? ~¿. 6)"... Bee 420071107 Legend Subject property LLP \ \ \ \ \ \ \ \ \ \ \ \ \ ~ ~ ~. ó o ~ ~ !frowN, Manoøemenr 'Dr¿parrmenr Map prepared August 27,2007 G t. Lucie, LLP CPUB \ \ \ \ \ \ \ \ \ \ \ \ \ CPUB ~ ;1 ";::) ~. o o ~ ~ ~ q::. <$1.-, "&¿, ($)...... \ \ \ \ 420071107 Legend Subject property Map prepared August 2.7,2007 LLP 420071107 Legend Subject property Map prepared August 27,2007