HomeMy WebLinkAboutGM-10-011 - Tesoro Beach Club - SB 360 Extension 1 GM-10-011
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s AN ORDER GRANTING ATWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY
~ RENEWAL ACT TO THE SCHEDULED EXPIRATION
s DATE TO THE. PREVIOUSLY .APPROVED
9 CONDITIONAL USE PERMIT FOR THE PROJECT TO
to BE KNOWN AS TESORO BEACH CLUB.
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12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
13 request for Development Order extension timely submitted and in accordance with the
14 provisions of The Community Renewal Act on behalf of Tesoro Beach Club
is Condominium, and has made the following determinations:
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17 1. On, November 20, 2007, the St. Lucie County Board of County Commissioners
is granted approval, through Resolution No. 07-248, to the petition of Ginn-LA St.
19 Lucie, LLP for the Conditional Use Permit approval for the project to be known as
20 Tesoro Beach Club, on property located on South Hutchinson Island on the east
21 side of State Road A-1-A south of the County's wastewater treatment plant and
22 across from Pelican Point Subdivision, and more particularly described in Part D
23 below.
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2s 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-
26 96, Laws of Florida, more commonly known as the "Community Renewal Act"
27 (the "ACT").
2s
29 3. The Act provides that in recognition of the 2009 real estate market conditions,
3 o any local government issued development order or permit that has an expiration
31 date of September 1, 2008 through January 1, 2012, may be eligible to be
32 extended and renewed for a period of two (2) years following its date of
33 expiration.
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35 4. The Act further provides that the request for statutory extension must be timely
36 made in writing by December 31, 2009; identify the specific authorization for
37 which the extension is requested, the intended use of the extension and the
3s anticipated time frame for acting on the authorization.
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40 5. Further, pursuant to the Act, the request for statutory extension must be reviewed
File No.: CU 420071106 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 10-011
March 9, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3451014 03!16/2010 at 09:12 AM
OR BOOK 3178 PAGE 2070 - 2073 Doc Type: ORD
RECORDING: $35.50
s, ,
1 by Growth Management staff and found not to be in significant noncompliance
2 with the original St. Lucie County development order granting approval.
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4 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
s Board of County Commissioners' good faith interpretation of the Act. By
6 accepting this extension, the applicant acknowledges that there are portions of
~ the Act that are ambiguous, and that there are contrary interpretations of the Act.
s The applicant also acknowledges that the constitutionality of the Act has been
9 challenged. Accordingly, by accepting this extension, the applicant agrees to
to hold St. Lucie County harmless in the event a court of competent jurisdiction
11 determines that the extension granted by St. Lucie County were not legally
12 granted, or in the event that the extension is subsequently revoked based on the
13 constitutional challenge to the Act.
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is 7. This statutory extension is exclusive of and runs concurrently with any request for
16 approval extension that may be provided by the St Lucie County Land
17 Development Code. Any Land Development Code extension must be applied for,
la reviewed and approved in accordance with the provisions of the Land
19 Development Code.
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21 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management
22 Director for County Commissioners of St. Lucie County, Florida:
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24 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the
25 Conditional Use Permit approval for the project to be known as Tesoro Beach
26 Club has been found to be eligible for and consistent with the provisions
27 contained in Section 14 of SB 360 such that the approval granted under
2s Resolution No. 07-248 is extended for two years from its scheduled expiration
29 date of November 20, 2008 and shall now expire November 20, 2010.
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31 B. All terms and conditions of Resolution No. 07-248, shall continue to remain in full
32 force and effect unless otherwise amended.
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34 C. In the event that a court determines that the Act is unconstitutional, the extension
3s granted by this order shall become null and void.
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37 D. The property on which this development order extension is being granted is
3 a described as follows:
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4o PARCEL 1 PID# 3522-342-0002-000-7
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42 BEING A TRACT OF LAND LYING IN SECTION 22, TOWNSHIP 36 SOUTH,
File No.: CU 420071106 GM Order 10-011
March 9, 2010 Page 2
d-
i RANGE 41 EAST, ST LUCIE COUNTY, FLORIDA; BOUNDED ON THE SOUTH
a BY A LINE PARALLEL WITH AND 5,767.86 FEET NORTHERLY (MEASURED
3 AT RIGHT ANGLES) FROM THE SOUTH LINE OF SECTION 27, OF SAID
4 TOWNSHIP AND RANGE; ON THE NORTH BY A LINE PARALLEL WITH AND
5 6,323.74 FEET NORTHERLY (MEASURED AT RIGHT ANGLES) FROM THE
6 SOUTH LINE OF SAID SECTION 27; ON THE WEST BY EAST RIGHT-OF-
7 WAY LINE OF STATE ROAD A-1-A; AND ON THE EAST BY THE WATERS OF
s THE ATLANTIC OCEAN.
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io PARCEL 2 PID# 3522-343-0001-000-3
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la A TRACT OF LAND EXTENDING FROM THE ATLANTIC OCEAN TO THE
13 INDIAN RIVER BEING DESCRIBED AS THE NORTH 189.66 FEET OF THE
i4 SOUTH 509.94 FEET OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41
15 EAST, MEASURING 200 FEET ALONG THE ATLANTIC OCEAN AND BEING
i6 FURTHER DESCRIBED AS BEING THE NORTH 189.66 FEET OF THE
17 FOLLOWING DESCRIBED PROPERTY:
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19 A TRACT OF LAND IN SECTIONS 22 AND 27, TOWNSHIP 36 SOUTH, RANGE
ao 41 EAST, LYING AND BEING IN ST. LUCIE COUNTY FLORIDA, BOUNDED
ai ON THE SOUTH BY A LINE PARALLEL TO AND 4470 FEET NORTHERLY OF
as THE SOUTH LINE OF SAID SECTION 27, MEASURED ON THE
23 PERPENDICULAR, AND LYING BETWEEN THE WATERS OF THE INDIAN
a4 RIVER AND THE ATLANTIC OCEAN, LESS THE RIGHT-OF-WAY OF STATE
a5 ROAD A1A; ALSO DESCRIBED AS THE NORTH 787.09 FEET OF SAID
26 SECTION 27, AND THE SOUTH 509.94 FEET OF SAID SECTION 22, LESS
27 THE RIGHT-OF-WAY LINE OF STATE ROAD A1A.
as
29 PARCEL 3 PID# 3522-344-0001-000-6
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31 THE NORTH 141.89 FEET OF THE SOUTH 320.28 FEET OF SECTION 22,
32 TOWNSHIP 36 SOUTH, RANGE 41 EAST, BOUNDED ON THE WEST BY THE
33 WATERS OF THE INDIAN RIVER ,AND ON THE EAST BY THE WATERS OF
34 THE ATLANTIC OCEAN.
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36 PARCEL 4 PID# 3522-344-0002-000-3
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3s A TRACT OF LAND LOCATED ON HUCHINSON .ISLAND, ST. LUCIE
39 COUNTY, FLORIDA EXTENDING FROM THE ATLANTIC OCEAN TO THE
4o INDIAN RIVER BEING DESCRIBED AS THE SOUTH 178.39 FEET OF
4i SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, AND THE NORTH
42 59.06 FEET OF SECTION 27, TOWNSHIP 36 SOUTH, RANGE 41 EAST,
File No.: CU 420071106 GM Order 10-011
March 9, 2010 Page 3
1 MEASURING 250 FEET ALONG THE ATLANTIC OCEAN.
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3 E. The conditions set forth in Part B are an integral non severable part of the
4 conditional use permit approval granted by Resolution No. 07-248. If any
5 condition set forth in Part B is determined to be invalid or unenforceable for any
6 reason and the developer declines to comply voluntarily with that condition, this
7 development order extension approval granted by this resolution shall become
s null and void.
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to F. The St. Lucie County Growth Management Director is hereby authorized and
11 directed to cause notation of this Order to be made on the Official Zoning Map of
12 St. Lucie County Florida and to make notation of reference to the date of
13 adoption of this Resolution.
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15 G. This order shall be recorded in the Public Records of St. Lucie County.
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17 ORDER effective the 9th day of March, 2010.
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19 GROWTH MANAGEMENT DIRECTOR
20 ST. LUCIE COUNTY, FLORIDA
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2 4 BY
25 Mark Satt lee, P
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27 APPROVED AS TO FORM
2s AND CORRECTNESS:
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42 G:\Planning\PROJECT FILES\Tesoro Beach Club\SB 360 (File No. CU 420071106)\GMOrder 10-011.SB360.docX
File No.: CU 420071106 GM Order 10-011
March 9, 2010 Page 4