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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 2979120 12/1912006aI04:11 PM
OR BOOK 2722 PAGE 2105 - 2111 Doc Type: RESO
RECORDING: $61.00
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RESOLUTION 04-017
FILE NO.: MJSP'()3'()10
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT KNOWN AS OCEANIQUE
OCEANFRONT, A CONDOMINIUM
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Oceaniaue Development Company, throuah Aaent Clayton Bennett" has applied for
major site plan approval for the project to be known as Oceanique Oceanfront, A
Condominium consisting of 144 residential units in two buildings for property located
on the east and west sides of North SR A-1-A, to the northeast of Regal Road and
east of Queens Cove Subdivision in the HIRD (Hutchinson Island Residential
District) Zoning District for the property described in Part B.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet minimum technical requirements of the SI. Lucie County
Land Development Code and to be consistent with the future land use maps from
the SI. Lucie County Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the SI. Lucie County Land Development Code, the SI. Lucie County
Comprehensive Plan, and the Code of Ordinances of SI. Lucie County.
4. 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.
5. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
6. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
7. The proposed project will be served by adequate public facilities and services.
8. The applicant has applied for and received a revised certificate of capacity, a copy of
which is attached to this order as Exhibit A, as required under Chapter V, SI. Lucie
County Land Development Code.
FileNo. :MJSP-03-01 0
May 11, 2004
Resolution 04-017
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the site
plan for the project known as Oceanique Oceanfront, A Condominium, is hereby approved as
shown on the site plan drawings for the project prepared by Bennett & Fleis, Inc. dated January
23, 2004, and date stamped received by the SI. Lucie County Community Development Director
on January 26, 2004, for the property described below, subject to the following conditions:
1. Pursuant to Section 3.01.03(AA)(7)(A) of the St. Lucie County Land Development
Code, the first thirty-nine (39) units of this project will be subject to only the
standard road impact fee for the type of proposed construction. The remaining
one-hundred and five (105) units will be subject to the Alternate Development Fee
of $2,336 per dwelling unit, which includes the required road impact fee. All 144
units will be sUbject to all other required impact fees and any other fee or
assessment that St. Lucie County may lawfully assess.
2. All gopher tortoises found on site shall be relocated by the applicant's
representative, in accordance with all applicable state regulations. The gopher
tortoises shall not be subject to an incidental take permit unless a permit for
onsite relocation is denied and the gopher tortoises test positive for Upper
Respiratory Tract Disease (URTD). Copes of all correspondence and permits shall
be provided to the St. Lucie County Environmental Resources Division.
3. The Developer shall donate to the County approximately 17.33 acres located on
the western portion of the subject property to the County. The Developer shall
deliver a warranty deed conveying the property to the County prior to the issuance
of a certificate of occupancy for the project.
4. The density from the western portion of the subject property which is being
transferred to the project area shall not be severed or transferred from the
approved site plan.
B. The property on which this Major Site Plan is being granted is described as follows:
ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1600 FEET OF GOVERNMENT
LOT 1, IN THE NORTH 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
COUNTY, FLORIDA LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A,
AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; CONTAINING 1.29 ACRES
MORE OR LESS.
TOGETHER WITH
FileNo.:MJSP-03-010
May 11, 2004
Resolution 04-017
Page 2
1
2 ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF GOVERNMENT
3 LOT 1, IN THE NORTH 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
4 COUNTY, FLORIDA LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A,
5 AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
6 SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
7 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND, CONTAINING 1.35
8 ACRES MORE OR LESS.
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10 TOGETHER WITH
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12 ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1100 FEET OF GOVERNMENT
13 LOT 1, IN THE NORTH 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
14 COUNTY, FLORIDA LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A,
15 AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
16 SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND, CONTAINING 1.37
18 ACRES MORE OR LESS.
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20 TOGETHER WITH
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22 ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1000 FEET OF GOVERNMENT
23 LOT 1, IN THE NORTH 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
24 COUNTY, FLORIDA LYING EAST OF THE EASTERLY RIGHT -OF-WAY LINE OF ROUTE A-1-A,
25 AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
26 SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
27 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND, CONTAINING 1.38
28 ACRES MORE OR LESS.
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30 TOGETHER WITH
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32 ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF GOVERNMENT
33 LOT 1, IN THE NORTH 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
34 COUNTY, FLORIDA LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-
35 A, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1,
36 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8,
37 PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND, CONTAINING
38 5.13 ACRES MORE OR LESS.
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40 TOGETHER WITH
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42 THE NORTH 200 FEET OF THE SOUTH 1400 FEET OF GOVERNMENT LOT 1, IN THE NORTH
43 0 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA,
44 AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
45 SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
46 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE RIGHT -OF-WAY
47 FOR STATE ROAD A-1-A. CONTAINS 12.67 ACRES MORE OR LESS.
48
49 TOGETHER WITH
FileNo.:MJSP-03-010
May 11, 2004
Resolution 04-017
Page 3
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THE NORTH 100 FEET OF THE SOUTH 1500 FEET OF GOVERNMENT LOT 1, IN THE NORTH
o OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA,
AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS
SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY
FOR STATE ROAD A-1-A.
LESS AND EXCEPT THE FOLLOWING:
A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST.
LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SR A-1-A (A 100
FOOT RIGHT-OF-WAY) SAID POINT BEING 1500 FEET NORTH BY RIGHT ANGLE
MEASUREMENT OF THE SOUTH LINE OF GOVERNMENT LOT 1, SAID SECTION 23 AND
RUN SOUTH 89 DEGREES 35' 30" WEST PARALLEL WITH THE SOUTH LINE OF
GOVERNMENT LOT 1, A DISTANCE OF 242.68 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 24' 30" EAST A DISTANCE OF 12.26 FEET; THENCE SOUTH
89 DEGREES 35' 30" WEST A DISTANCE OF 50.15 FEET; THENCE NORTH 00 DEGREES 24'
30" WEST A DISTANCE OF 12.26 FEET; THENCE NORTH 89 DEGREES 35' 30" EAST A
DISTANCE OF 50.15 FEET TO THE POINT OF BEGINNING.
ALL OF THE ABOVE CONTAINING 29.35 ACRES MORE OR LESS.
(TAX ID #'s: 1423-120-0025-000/2, 1423-130-0001-000/9, 1423-130-0003-000/3, 1423-130-
0005-000/7, 1423-130-0007-000/1, 1423-130-0009-000/5, 1423-130-0002-000/6, 1423-130-0004-
000/0, and 1423-130-0006-000/4)
(Location:
East and west sides of North A-1-A, to the northeast of Regal Road and
east of the Queens Cove Subdivision.)
C. The approvals and authorizations granted by this Resolution for the purpose of obtaining
building permits on this property, shall expire on May 11, 2005, unless building permits have been
issued or an extension in accordance with Section 11.07.05(F) of the SI. Lucie County Land
Development Code has been granted.
D. The Final Site Plan approval granted under this resolution is specifically conditioned to the
requirement that the petitioner, Oceanique Development Company, Inc., including any successors in
interest, shall obtain all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to; the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and the South
Florida Water Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part B.
E. A copy of this resolution shall be attached to the site plan drawings described in Part A,
FileNo.:MJSP-03-010
May 11, 2004
Resolution 04-017
Page 4
which plan shall be placed on file with the SI. Lucie County Growth Management Director.
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F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this
order. If this order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
G. A copy of this Order shall be mailed, retum receipt requested to the developer and agent of
record as identified on the site plan applications.
H. A copy of this Order shall be attached to the site plan drawings described in Section A, which
plan shall be on file with the SI. Lucie County Growth Management Director.
I. This Order shall be recorded in the Public Records of SI. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Paula A. Lewis
Vice-Chairman John D. Bruhn
AYE
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Doug Coward
Commissioner Cliff Barnes
AYE
AYE
PASSED AND DULY ADOPTED this 11th Day of May 2004.
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ATTEST:
FileNo.:MJSP-03-010
May 11, 2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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Exhibit A
Certificate of Capacity
FileNo.:MJSP-03-010
May 11, 2004
Resolution 04-017
Page 6
St Lucie County
Certificate of Capacity
Date 5/11/2004 Certificate No. 1617
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 Major Site Plan
Number of units 144
Number of square feet
2. Property legal description & Tax ID no.
142312000250002, et. AI.
E and w sides N A-I-A ne of Regal Road
Oceanique Oceanfront
3. Approval: Building
Resolution No. 04-017
Letter
4. Subject to the following conditions for concurrency:
See Resolution 04-017
Owner's name
Oceanique Development Company, Inc.
Address
925 N. Courtenay Pkwy, Suite 28
Merritt Island FL 32953
6. Certificate Expiration Date 5/11/2006
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
development order(s) issued for the same property, use and size as described herein.
Signed ~L 1 tb~
Date: 05/11/2004
k Growth Management Director
rr St Lucie County, Florida