HomeMy WebLinkAbout21-306 RESOLUTION 2021-306
File No. CU 12202025913 & WV-3202125977
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO DEVELOP A
TOURIST COURT RESORT AND ALCOHOL WAIVER FOR ON-PREMISES
COMSUMPTION OF LESS THAN ONE THOUSAND SIX HUNDRED (1,600)
FEET OF AN EXISTING PUBLIC PARK AS ACCESSORY TO A TOURIST
COURT RESORT PURSUANT TO SECTION 7.10.11(A), KNOWN AS SEASIDE
RESORT, CONSISTING OF +/-15.40 ACRES OF LAND GENERALLY
SITUATED ON THE EAST AND WEST SIDE OF 7700 SOUTH OCEAN DRIVE,
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:
CONDITIONAL USE PERMIT
1. Seaside 20, LLC presented a petition for a Conditional Use Permit to develop a
tourist court resort, to be known as Seaside (aka Ouanalao) Resort, containing
twenty-five (25) oceanside villas and twenty-five (25) internal cottages, restaurant
and bar, clubhouse, pool, fitness room and accessory dock with twenty (20) slips
on the west side of SR A1A, within the HIRD (Hutchinson Island Residential
District) Zoning District, on a +/- 15.40-acre parcel of land located at 7700 S.
Ocean Drive in Jensen Beach as legally described in Paragraph C and depicted
on the attached map as Exhibit "A".
2. On May 20, 2021, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within five hundred (500) feet
of the subject property. The Planning and Zoning Commission unanimously
voted to forward a recommendation of approval to the Board of County
Commissioners.
3. On July 6, 2021, this Board held a public hearing on the petition, after publishing
notice in the St. Lucie News Tribune at least 10 days prior to the hearing,
installing a sign on the property and notifying by mail all owners of property within
500 feet of the subject property, at which all interested persons were given an
opportunity to be heard.
4. On July 6, 2021, the Board of County, through Resolution 2021-312, approved a
Major Site Plan to be known as Seaside (aka Ouanalao) Resort.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4899403 07/26/2021 09.02:26 AM
OR BOOK 4654 PAGE 1111 -1120 Doc Type RESO Resolution No. 2021-306
RECORDING $86.50 CU 12202025913 & WV-3202125977
Page 1
5. Section 11.07.01.0 of the St. Lucie County Land Development Code providing
that where a written protest against an application for a Conditional Use Permit is
signed by the owners of fifty (50) percent or more of the area within five hundred
(500) feet of the property affected by the proposed action, any such Conditional
Use Permit shall not be approved except by the favorable vote of four fifths (4/5)
of all of the Board of County Commissioners.
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 Conditional Use, 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. A Certificate of Capacity, a copy of which is attached to this resolution, was
granted by the Planning and Development Services on July 9, 2021.
ALCOHOL WAIVER FOR DISTANCE REQUIREMENTS
1. Seaside 20, LLC presented a petition requesting relief from the provisions of
Section 7.10.11(A) of the St. Lucie County Land Development Code as it applies
to the distance from the restaurant and bar to the public park, in order to permit
the sale of alcoholic beverages for on-premises consumption by its resort guest
and restaurant patrons. The subject site is located approximately 1,276 feet
south of Ocean Bay Beachside Park and 800 feet north of Herman's Bay Beach
Access/Park, in accordance with the measuring requirement established by
Code.
2. Section 7.10.11(A) of the St. Lucie County Land Development Code establishes
regulations governing the distance between establishments selling alcoholic
beverages for on-premises consumption and an existing religious facility, school,
public park, or public playground of 1,600 feet.
3. Section 7.10.11(C) of the St. Lucie County Land Development Code provides for
a procedure whereby the Board of County Commissioners may approve a waiver
to the distance requirements for the sale of alcoholic beverages for on-premises
consumption.
4. The St. Lucie County Development Review Committee has recommended that
the waiver to the distance for the selling of alcoholic beverages be granted,
based upon the standards of review as described in Section 7.10.11(C) of the
Land Development Code:
Resolution No. 2021-306
CU 12202025913 & WV-3202125977
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The foregoing findings are hereby approved and adopted by the Board of County
Commissioners of St. Lucie County, Florida:
B. Pursuant to Section 11.07.03 Conditional Uses and Section 3.01.03.AA.6.b.(1)
of the Land development Code, the Conditional Use Permit for Seaside 20, LLC,
for the project known as Seaside (AKA Ouanalao) Resort, as shown on the
drawings for the project prepared by HJA Design Studio, LLC. dated June 21,
2021, and date stamped received by the Planning and Development Services
Department on June 21, 2021, is hereby approved for the property described in
Paragraph C, subject to the following conditions:
Planning & Development Services Department — Planning Division
1. The tourist court resort shall be limited to twenty-five (25) 3-story resort villas,
twenty-five (25) one 1-story resort cottages, with an approximate 37,000 sq. ft.
clubhouse containing up to 20,000 sq. ft. of air-conditioned space. The
clubhouse will include restaurant and bar space up to 7,200 sq. ft. (indoor and
outdoor dining), banquet hall, ballroom, fitness room, spa, kids' playroom, pool
area, and other amenities. The resort includes an accessory dock on the west
side of SR A1A with twenty (20) slips.
2. A Unity of Title will be required prior to the issuance of a development permit.
The Declaration of Condominium, consistent with the Conditions of Approval and
acceptable to the County Attorney, shall be recorded prior to issuance of
certificates of occupancy.
3. Owners of the resort units, (villas and cottages) shall not stay in their units for
more than 185 calendar days per year. All resort units (villas and cottages) must
be placed in the rental program run by resort management and made available
for rental by the public when the owner of the unit is not staying in the unit.
4. The resort units within this project are not intended to qualify for the Florida
Homestead property tax exemption. Owners of the resort units (villa unit and
cottage units) may not declare their units as their homestead for the purpose of
obtaining the Florida Homestead Property Tax Exemption.
5. A conditional use permit modification and new zoning compliance is required to
transfer resort ownership. A change of management entity operating the resort,
management entities or restaurant/bar operations require a new zoning
compliance certificate demonstrating consistency with the conditional use permit.
Individual villa or cottages sales under the Master Condominium Association will
not require a Conditional Use modification.
6. Prior to issuance of a Site Development permit, a Photometric Plan compliant
with the Sea Turtle Protection Plan shall be provided for the main guest and
clubhouse parking areas.
Resolution No. 2021-306
CU 12202025913 & WV-3202125977
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7. No parking is permitted at any time along Ocean Drive (SR A1A).
8. The restaurant kitchen shall be operable and available to serve patrons when
alcoholic beverages are sold or dispensed for on-premises consumption.
9. The resort activities shall comply with the St. Lucie County Land Development,
Article V. Noise Control.
10.The accessory dock and water amenities are available only to registered resort
guests.
11. No liveaboards are permitted to occupy any vessel on a temporary, permanent,
or overnight basis.
12. No commercial fueling facilities or sewage pump-out stations shall be permitted.
13. No commercial activities, dock slip rental or selling of individual docks shall be
permitted.
Environmental Resources Department
14.Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
surveys, including not limited to gopher tortoise surveys, shall be updated as
required per state and./or federal survey protocol. Should any listed species be
found as a result of these updated surveys appropriate permits from state and
federal agencies shall be required.
15.Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant
species shall be eradicated from the site.
16. Prior to the issuance of a Certificate of Occupancy for each building, all seaward
and shore-perpendicular facing windows and doors shall be fitted with tinted
glass or film with a visible light transmittance value of forty-five (45) percent or
less. A registered Florida architect or engineer shall conduct a nighttime survey
with all of the beachfront lighting turned on and provide a report of the inspection
to the Environmental Resources Department as outlined in the approved Sea
Turtle Protection Plan. If any violations of the sea turtle lighting code are
identified a Certificate of Occupancy shall not be issued until all violations have
been corrected.
17. Prior to issuance of a Vegetation Removal Permit or Exemption, the developer
shall provide an updated executed Conservation Easement, approved Preserve
Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and
Sea Turtle Protection Plan (STPP) as applicable with an attached affidavit and
cashier's check (payable to the Clerk of the Court for recording fees) to the
County Attorney. The applicant shall also provide a GIS shapefile or CAD file of
the conservation easement boundaries to St. Lucie County. A copy of a standard
Conservation Easement can be found on the St. Lucie County Environmental
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CU 12202025913 & WV-3202125977
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Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
18.Prior to issuance of a permit for the docking facility, updated seagrass surveys
along with an updated EIR reflecting avoidance and minimization of impacts to
aquatic resources shall be provided to the Environmental Resources
Department. If surveys indicate further avoidance and minimization of impacts is
necessary, an adjustment to the site plan will be required.
C. The property on which this Conditional Use Permit and Alcohol Waiver are 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.
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
Resolution No. 2021-306
CU 12202025913 &WW-3202125977
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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#s: 3522-343-0001-000-3, 3522-344-0001-000-6, 3522-344-0002-000-3,
3522-342-0002-000-7
D. The approvals and authorizations granted by this Resolution are for the purpose
of developing a tourist court resort within St. Lucie County, and are not assigned
to any other party or institution. Should the petitioners choose or decide to assign
this operation to another entity or individual, a minor adjustment to the
Conditional Use Permit shall be required.
E. The approvals and authorizations granted by this Resolution shall expire on
24 months, unless construction of the tourist court has begun as described in
Paragraph B above, or an extension has been granted in accordance with
Section 11.07.05(F), St. Lucie County Land Development Code.
F. The Petitioner, Seaside 20, LLC, is advised as part of this Conditional Use Permit
approval for Seaside (AKA Ouanalao) Resort, the Petitioner 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, South Florida Water Management District, and the St.
Resolution No. 2021-306
CU 12202025913 & WV-3202125977
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Lucie County Environmental Resources and Building Departments prior to the
commencement of any development activities on the property described in
Paragraph C. Issuance of this permit by the County does not in any way create
any rights on the part of the Petitioner 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 Petitioner 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.
G. The conditions set forth in Paragraph B are an integral non severable part of the
Conditional Use Permit approval granted by this Resolution. If any condition set
forth in Paragraph B is determined to be invalid or unenforceable for any reason
and the Petitioner declines to comply voluntarily with the condition, the
Conditional Use Permit approval granted by this resolution becomes null and
void.
H. A copy of this resolution shall be attached to the Conditional Use Permit site plan
drawings described in Paragraph B. which plan shall be placed on file with the
Planning and Development Services Department.
This Order shall become effective upon the date indicated below. An appeal
from 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.
J. This Resolution shall be recorded in the Public Records.
After the motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chair AYE
Sean Mitchell, Vice-Chair AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
Resolution No. 2021-306
CU 12202025913 &WV-3202125977
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PASSED AND DULY ADOPTED this 6 day of July, 2021.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BYJ!
CHAIR
ATTEST: APPROVED AS TO FORM
AND COR ECTNESS:
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DEPUTY CLE' f 't1�s COUNTY ATTOR E
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Resolution No. 2021-306
CU 12202025913 & WV-3202125977
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Resolution No. 2021-306
CU 12202025913 &WV-3202125977
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St Lucie County
Certificate of Capacity
Date 7/9/2021 Certificate No. 3147
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 Conditional Use
Number of units 50 Number of square feet
2. 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. 2021-306 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Seaside 20 LLC
Address
277 Royal Poinciana 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 ent i der(s issued for the same property, use and size as described herein.
r
Signed I l i
Ld; // Date: 7/9/2021
Planning and 1 evelopment Services Director
St Lucie County, Florida
Friday,July 9,2021 Page 1 of 2