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HomeMy WebLinkAbout21-312 RESOLUTION 2021-312 File No. MJSP-12202025912 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN FOR A 37,000 SQUARE FOOT TOURIST COURT RESORT FACILITY, FOR A PROJECT TO BE KNOWN AS SEASIDE (AKA OUANALAO) RESORT, WITHIN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT ON 15.40 ACRES OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. Seaside 20, LLC, presented a Major Site Plan application to develop a Tourist Court Resort containing twenty-five (25) oceanside villas and twenty-five (25) internal cottages, clubhouse amenity center with restaurant and bar, and accessory dock with twenty (20) slips, associated parking, drainage, and utility infrastructure, within the HIRD (Hutchinson Island Residential District) Zoning for the property generally located at 7700 S. Ocean Drive, in Jensen Beach, situated on the east and west side of Ocean Drive (SR A1A), as legally described in Paragraph A and depicted on the attached map as Exhibit "A". 2. On July 6, 2021, this Board held a public meeting on this petition. 3. On July 6, 2021, the Board of County Commissioners, through Resolution 2021- 306, approved the Conditional Use Permit and Alcohol Waiver for Distance Requirements for Seaside (aka Ouanalao) Resort. 4. The Development Review Committee has reviewed the Major Site Plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 5. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Seaside Resort, Major Site Plan (MJSP-12202025912), Conditional Use (CU-12202025912) & (Alcohol Distance Waiver(WV-3202125977), dated June 21, 2021. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY e:RESO OR BOOK 4654 FILE# 4899148 07/23/2021 03:19:52 PM RECORDING. $g9 50E 183-190 Doc Typ Resolution No. 2021-312 MJSP-12202025912 Page 1 • 6. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 7. The proposed Major Site Plan, with conditions therein, 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. 8. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which this Major Site Plan is being granted is described as follows: Legal Description: PARCEL 1: SUBPARCEL A: 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 THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1A; AND ON THE EAST BY THE WATERS OF THE ATLANTIC OCEAN. SUBPARCEL B: NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL A ABOVE, OVER AND ACROSS THE LAND DESCRIBED IN EXHIBIT C TO THE GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 979, PAGE 831, AS AMENDED IN OFFICIAL RECORDS BOOK 1525, PAGE 1559, AS FURTHER AMENDED AND RESTATED IN THE AMENDED AND RESTATED GRANT OF EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1710, PAGE 172, ALL BEING RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO AMENDED AND RESTATED GRANT OF EASEMENT RECORDED SEPTEMBER 8, 2006, IN OFFICIAL RECORDS BOOK 2652, PAGE 1920, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Resolution No. 2021-312 MJSP-12202025912 Page 2 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, ST. LUCIE COUNTY, FLORIDA, 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 BOUNDED ON THE NORTH BY A LINE PARALLEL TO AND 5767.86 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 RIGHT OF WAY OF STATE ROAD A-1-A; ALSO DESCRIBED AS THE NORTH 787.09 FEET OF SAID SECTION 27, AND THE SOUTH 509.04 FEET OF SAID SECTION 22, LESS RIGHT OF WAY OF STATE ROAD A-1-A. PARCEL 3: THE NORTH 141.89 FEET OF THE SOUTH 320.28 FEET OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE WATER 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. Parcel I D#: 3522-343-0001-000-3, 3522-344-0001-000-6, 3522-344-0002-000-3 3522-342-0002-000-7 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed Major Site Plan project to be known as Seaside Resort, as depicted in Exhibit "B", is hereby approved as shown on the Site Plan drawings for the project prepared by HJA Design Studio Landscape Architects, and date stamped received by the St. Lucie County Planning & Development Services Department on June 21, 2021, subject to the following conditions: Resolution No. 2021-312 MJSP-12202025912 Page 3 1. Any alternative use proposed for the facility will require a Conditional Use Adjustment. 2. Prior to Certificate of Occupancy, the applicant shall provide a photometric plan that demonstrates compliance with LDC Section 7.09.04(K). C. This Major Site Plan for Seaside (aka Ouanalao) Resort shall expire within twenty-four (24) months of the effective date of this order unless a building permit is issued or an extension is granted in accordance with the provision of Land Development Code Section 11.02.06. D. The developer is advised as part of this Major Site Plan approval that the property owner(s), developer, etc. including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part "B" are an integral non-severable part of the Site plan approval granted by this Resolution. If any condition set forth in Part "B" 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. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on July 9, 2021. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part "B", which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. This Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. This Resolution shall be recorded in the Public Records of St. Lucie County. Resolution No. 2021-312 MJSP-12202025912 Page 4 • . After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair AYE Sean Mitchell, Vice-Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 6 day of July, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BYi CHAIR ATTEST: APPROVED AS TO FORM AND C RECTNE 1alk COM 4,0 DEPUTY CLERK VO Q COUN ATTO r c� w c°LNrr,F%.0 or Resolution No. 2021-312 MJSP-12202025912 Page 5 Exhibit "A" Location Map -\ 4 MJSP-1220202912 CU-12202025913 Seaside Resort Location 1 I 1k 1-------N---- .......- \ f:: c N o W E o Resolution No. 2021-312 MJSP-12202025912 Page 6 . , . . 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Property legal description & Tax ID no. 3522-343-0001-000-3; 3522-344-0001-000-6; 3522-344-0002-000-3; 3522-342-0002-000-7 7700 S Ocean Drive, Jensen Beach, FL 34957 Seaside(AKA Ouanalao)Resort 3. Approval: Building Resolution No. 2021-312 Letter 4. Subject to the following conditions for concurrency: Owner's name Seaside 20, LLC Address 277 Royal Poiciana Way, Suite 156 Palm Beach FL 33480 6. Certificate Expiration Date 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 en • der(- 'ssued for the same property, use and size as described herein. ' %A = Signed 1 ►__� ire alga Date: 7/9/2021 • Planning and '-velopment Services Director St Lucie County, Florida Friday,July 9,2021 Page 1 of 2