HomeMy WebLinkAbout23-042 I
Resolution 2023-042
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File No.s CUMj-3202226345 & WV-3202226346 CL
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF o
ST. LUCIE COUNTY, FOR A MAJOR ADJUSTMENT TO THE o jo
OUANALAO (FKA SEASIDE) RESORT CONDITIONAL USE PERMIT, W
CONSISTING OF +/-15.40 ACRES OF LAND GENERALLY SITUATED o
ON THE EAST AND WEST SIDE OF 7700 SOUTH OCEAN DRIVE, IN W Z N Q$
ST. LUCIE COUNTY, FLORIDA AND A MAJOR ADJUSTMENT TO AN 8
ALCOHOL DISTANCE WAIVER FOR ON-PREMISES COMSUMPTION W !z
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LESS THAN ONE THOUSAND SIX HUNDRED (1,600) FEET OF AN WJ :O oc
EXISTING PUBLIC PARK PURSUANT TO SECTION 7.10.11. 0 a
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 ADJUSTMENT
1. Seaside 20, LLC presented a petition for a Major Adjustment to the Ouanalao
(FKA Seaside) Resort Conditional Use Permit to increase the quantity of resort
units by nine (9) for a total of fifty-nine (59), revise the docking facility design and
operational parameters to provide twenty-six (26) slips, expand resort amenities
including a new splash pad, snack bar and stage among the cottage resort units,
and add a kitchen, tiki bar, pool and seating areas west of SR A1A. The petition
is coupled with a petition for a Major Adjustment to the Alcohol Distance Waiver
to allow alcohol sales with on-premises consumption at the proposed tiki bar
restaurant/pool and snack bar, for the project located within the Hutchinson
Island Residential District (HIRD) Zoning District, at 7700 S. Ocean Drive,
Jensen Beach, FL, 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 original Seaside Resort Conditional Use, 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, the Board of County Commissioners approved Resolution 2021-
306, granting a Conditional Use Permit for the tourist court resort to be known as
Seaside (AKA Ouanalao) Resort, with conditions, after holding a public hearing
on the petition, after publishing a notice at least 10 days prior to the hearing 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.
Resolution No. 2023-042
Page 1 CUMj-3202226345 & VW-3202226346
/NA.IA AA.'I_.,
4. On July 6, 2021, the Board of County Commissioners approved Resolution 2021-
312, granting a Major Site Plan associated with the Conditional Use Permit to be
known as the Seaside (aka Ouanalao) Resort.
5. On February 1, 2022, the Board of County Commissioners granted Resolution
2022-23, modifying a condition of approval (#3) of Resolution 2021-306, by
eliminating the restriction that resort unit owners shall not stay in their units for
more than 185 calendar days per year, and replacing the preceding restriction
with the requirement that "No less than 70% of all room nights (18,250) in any
calendar year shall be offered to the public (not the unit owner) for rent", while
maintaining that all resort units 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 and adding provisions for reporting compliance to
the County.
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 Adjustment, with conditions herein, 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 was granted by the Planning and Development Services
on July 9, 2021, and may be revised with the Site Plan Adjustment where
necessary.
ALCOHOL WAIVER ADJUSTMENT
9. Seaside 20, LLC presented a petition for a Major Adjustment to the Alcohol
Distance Waiver granted to the Ouanalao (FKA Seaside) Resort to expand
alcohol sales with on-premises consumption at the proposed riverside tiki bar
restaurant/pool and central amenity lawn snack bar, for the project located within
the Hutchinson Island Residential District (HIRD) Zoning District, at 7700 S.
Ocean Drive, Jensen Beach, FL, as legally described in Paragraph C and
depicted on the attached map as Exhibit "A". The requested relief is 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 establishments to adjacent public
parks in order to permit the sale of alcoholic beverages for on-premises
consumption by its resort guests and restaurant patrons. The proposed Tiki Bar
is located approximately 1 ,320 feet south of Ocean Bay Beachside Park and 985
feet north of Herman's Bay Beach Access/Park, in accordance with the primary
measuring requirement established by Code. The proposed Snack Bar is located
approximately 550 feet north of the Herman's Bay Beach Access/Park, via a
direct measurement requirement established by Code.
Resolution No. 2023-042
Page 2 CUMj-3202226345 & WV-3202226346
10. 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.
11. 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.
12. The St. Lucie County Development Review Committee has recommended that
the expanded waiver to the distance for the selling of alcoholic beverages be
granted, with conditions contained herein, based upon the standards of review as
described in Section 7.10.11(C) of the Land Development Code:
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, Section 7.10.11 - Distance
Requirements for Alcoholic Beverages, and Section 3.01.03.AA.6.b.(1) of the
Land development Code, the Adjusted Conditional Use Permit and associated
Alcohol Waiver Adjustment for Seaside 20, LLC, for the project known as the
Ouanalao (FKA Seaside) Resort, as shown on the drawings for the project
prepared by HJA Design Studio, LLC. dated January 18, 2023, and
supplemented with a modified pool exhibit dated March 9. 2023, 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) ten (10) one 1-story resort cottages, and twelve (12) two-story
cottages with an approximate 37,000 sq. ft. clubhouse containing up to 2-0,000
22,321 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-six (26) (2 )
slips.
2. The resort amenities and Activities shall adhere to the following operation
parameters and the applicable County noise ordinances:
a) The west poolside tiki bar, grill, and pool amenity shall conclude food and
drink service by 11:00 PM, with mandatory employee and quest dismissal by
Resolution No. 2023-042
Page 3 CUMj-3202226345 & V V-3202226346
11:30 PM. If live or amplified music is provided, said music shall terminate by
10:00 PM and an on-site noise meter shall be installed and maintained to
minimize noise impacts to adjacent property.
b) The resort docking facility shall be closed between 11:30 PM - 5:00 AM, with
river cruises concluding by 10:00PM.
c) The interior splash pad and stage shall conclude operation by 11:00 PM.
3. All required parking spaces shall remain available for vehicular parking demand.
Boats, boat trailers, campers or Recreational Vehicles (RVs) shall not be parked
within required parking, driveway/drive-aisles, or designated landscape or open
space areas.
4. A Unity of Title will be required prior to the issuance of a development permit.
(Completed) 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.
5. No less than 70% of all room nights (18,250) in any calendar year shall be
offered to the public (not the unit owner) for rent. Upon request from the County,
but no sooner than 30 days after the end of any calendar year, the management
of the resort shall provide the County with a report confirming the foregoing
condition was satisfied for the previous year. All resort units (villages 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.
6. 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.
7. 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.
8. Prior to issuance of a Site Development permit, Prior to the first vertical building
inspection for resort units or the clubhouse, a Photometric Plan compliant with
the Sea Turtle Protection Plan shall be provided for the pedestrian crosswalk,
main guest parking area, and clubhouse parking areas.
9. No parking is permitted at any time along Ocean Drive (SR A1A).
10.The restaurant and tiki bar kitchens shall be operable and available to serve
patrons when alcoholic beverages are sold or dispensed for on-premises
consumption. Alcohol beverages shall not be sold at the Snack Bar unless
Resolution No. 2023-042
Page 4 CUMj-3202226345 & VW-3202226346
operations supported by a permanent kitchen and seating capacity for thirty-five
(35) patrons, in accordance with active Land Development Code provisions.
11.The resort activities shall comply with the St. Lucie County Land Development,
Article V. Noise Control.
12.The accessory dock and water amenities
guests may be available to the public during eligible operational hours when
supported by a dock-hand, intended to provide communications and assistance
to guests.
13.No liveaboards are permitted to occupy any vessel on a temporary, permanent,
or overnight basis.
14. No commercial fueling facilities or sewage pump-out stations shall be permitted.
15.No commercial marina activities, dock slip rental (to non-lodging quests) or sale
selling of individual docks shall be permitted. Guided water tours and jet ski
within eligible operational hours may be provided.
Environmental Resources Department
16. 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. (Completed for East Side Development)
17. Prior to commencement of development, including, but not limited to clearing,
filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00,
listed species surveys may be 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.
18.Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant
species shall be eradicated from the site.
19. 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.
Resolution No. 2023-042
Page 5 CUMj-3202226345 & WV-3202226346
20. 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
Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
21.Prior to commencement of development, including, but not limited to clearing,
filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00,
the developer shall provide an updated executed Conservation Easement and
approved Preserve Area Monitoring and Management Plan (PAMMP) for the
onsite Category I wetland buffer and shoreline buffer, 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.
22.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. Provide documentation/results for any/all listed species surveys
associated with the raised boardwalk and dock (e.g., seagrass surveys,
smalltooth sawfish, manatees, etc.). If surveys indicate further avoidance and
minimization of impacts is necessary, an adjustment to the site plan will be
required.
23. Prior to commencement of development, including, but not limited to clearing,
filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00,
provide applicable documentation (i.e., permits, jurisdictional determinations,
etc.) from all outside state and federal agencies, as it is jurisdictional to both, and
establishment of the jurisdictional limits from both agencies is required. Per
Comprehensive Plan Policy 6.1 .4.15, the more stringent of the two lines will be
applied. Please be advised that seeking approval without all jurisdictional
determinations may result with a required adjustment to the site plan if a more
conservative line is determined.
Public Works Department — Engineering Division
24. Prior to issuance of a Site Development Permit for the riverside amenities, the
applicant is required to receive approval of a fee-in-lieu of sidewalk from the
Resolution No. 2023-042
Page 6 CUMj-3202226345 & WV-3202226346
Board of County Commissioners or permit the construction of the sidewalk along_
the west side of South A1A.
25.A Site Development Permit is required for the improvements west of South A1A
and a Site Development Permit modification is required for the proposed
modifications to the east of South A1A.
C. The property on which these Conditional Use Permit and Alcohol Waiver
Adjustments 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
41 EAST, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA BOUNDED
ON THE SOUTH BY A LINE PARALLEL TO AND 4470 FEET NORTHERLY OF
Resolution No. 2023-042
Page 7 CUMj-3202226345 & VW-3202226346
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: 3522-701-0000-000-4, 3522-343-0001-000-3, 3522-344-0001-000-6, &
3522-344-0002-000-3, et. al.
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
transfer resort ownership to another entity or individual, or change the project
name, a minor adjustment to the Conditional Use Permit shall be required.
E. The approvals and authorizations granted by this Resolution shall expire in
12 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
Adjustment for the Ouanalao (FKA Seaside) 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, the St.
Lucie County Environmental Resources and Building Departments and the St.
Lucie County Fire District prior to the commencement of any development
Resolution No. 2023-042
Page 8 CUMj-3202226345 & VW-3202226346
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 Resolution shall become effective upon the date indicated below. An appeal
from the Board of County Commissioners' action may be filed 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:
Cathy Townsend, Chair AYE
Linda Bartz, Vice-Chair AYE
Commissioner Christopher Dzadovsky AYE
Commissioner Larry Leet AYE
Commissioner Jamie Fowler AYE
PASSED AND DULY ADOPTED this 4th day of April, 2023.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY jtcvLsi\ualay
HAIR
Resolution No. 2023-042
Page 9 CUMj-3202226345 & WV-3202226346
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS•
DEPUTY CLE K COMB' COUNTY ATTORN Y
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Resolution No. 2023-042
Page 10 CUMj-3202226345 & VW-3202226346
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Resolution No. 2023-042
Page 11 CUMj-3202226345 & WV-3202226346