HomeMy WebLinkAbout23-043 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5197049 05/25/2023 10:37:09 AM
OR BOOK 4995 PAGE 476-484 Doc Type:RESO
RECORDING: $78.00
Resolution 2023-043
File No.s MJSP-3202226344 & WV-3202226347
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FOR A MAJOR ADJUSTMENT TO THE SEASIDE
(AKA OUANALAO) RESORT MAJOR SITE PLAN AND A CATEGORY I
WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2,
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 petition for a Major Adjustment to the Seaside (aka
Ouanalao) Resort Major Site Plan and a Category 1 Wetland Waiver, concurrent
with an Adjustment to the 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 Site Plan maintains an approximate 37,000 sq. ft. clubhouse, with a clarified
area of 22,321 sq. ft. of air-conditioned space, including a restaurant and bar
space up to 7,200 sq. ft. (indoor and outdoor dining), banquet hall, ballroom,
fitness room, spa, kids' playroom, etc. 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 A and depicted on the
attached map as Exhibit "A".
2. On July 6, 2021 , the Board of County Commissioners approved Resolution 2021-
312, granting a Major Site Plan to be known as Seaside (aka Ouanalao) Resort
in relation to the Conditional Use Permit for a tourist court resort authorized via
Resolution 2021-306.
3. A Certificate of Capacity was granted by the Planning and Development Services
on July 9, 2021, and revised on May 15, 2023 to include the Adjusted Site Plan
Adjustment.
4. The Development Review Committee has reviewed the proposed 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.
Resolution No. 2023-043
Page 1 MJSP-3202226344 & WV-3202226347
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 Ouanalao (FKA Seaside) Resort Major
Adjustments to Conditional Use Permit, Site Plan with a Wetland Waiver, &
Alcohol Distance Waiver, File No.s CUMj-3202226345, MJSP-3202226344, WV-
3202226347 & WV-3202226346.
6. All reasonable steps have been taken to minimize any adverse effect of the
adjusted site plan on the immediate vicinity through site design, landscaping and
screening.
7. The proposed Site Plan 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. 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 the Site Plan Adjustment and Wetland 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
Resolution No. 2023-043
Page 2 MJSP-3202226344 & WV-3202226347
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
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.
B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code,
the proposed Major Site Plan Adjustment known as Seaside (AKA Ouanalao)
Resolution No. 2023-043
Page 3 MJSP-3202226344 & WV-3202226347
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,
revised through March 9, 2023 and date stamped received by the St. Lucie
County Planning & Development Services Department on March 9, 2023, for the
property described in Paragraph A, subject to the following conditions:
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 certification that demonstrates compliance with LDC Section
7.09.04(K) and the County's adopted Sea Turtle Protection Plan.
3. 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.
4. Prior to issuance of a Certificate of Occupancy, all Category I listed
invasive plant species shall be eradicated from the site.
5. 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.
6. 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.
7. 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
Resolution No. 2023-043
Page 4 MJSP-3202226344 & WV-3202226347
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.
8. 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
0urisdictional 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 seeking approval without all jurisdictional
determinations may result with a required adjustment to the site plan if a
more conservative line is determined.
C. The approvals and authorizations granted by this Resolution are for the purpose
of developing a tourist court resort consistent with a corresponding Conditional
Use Permit within St. Lucie County and are not assigned to any other party or
institution unless otherwise authorized consistent with the St. Lucie County Land
Development Code or applicable law.
D. This Adjusted 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 for an extension is granted in accordance with the provision of
Land Development Code Section 11.02.06.
E. The developer, and any successor(s) in interest, is advised as part of this Major
Site Plan Adjustment approval, the developer 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 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 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.
F. The conditions set forth in Paragraph B are an integral non severable part of the
Major Site Plan Adjustment granted by this Resolution. If any condition set
forth in Paragraph B is determined to be invalid or unenforceable for any reason
Resolution No. 2023-043
Page 5 MJSP-3202226344 & WV-3202226347
and the Petitioner declines to comply voluntarily with the condition, the
approval granted by this resolution becomes null and void.
G. A revised 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 May 15, 2023.
H. A copy of this Resolution shall be attached to the 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.
ATTEST:
DEPUTY CLERK
Page 6
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BYC"
H IR
APPROVED AS TO FORM
AND CORRECTNESS;
COUNTY ATTOR
v Resolution No. 2023-043
MJSP-3202226344 & WV-3202226347
Exhibit "A"
Location Map
Subject
Parcel
Atlantic Ocean
Indian River Lagoon
Exhibit "B"
Site Plan (Adjusted)
Fm
Resolution No. 2023-043
Page 7 MJSP-3202226344 & WV-3202226347
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Resolution No. 2023-043
Page 8 MJSP-3202226344 & WV-3202226347
Exhibit "C"
Certificate of Concurrent (Revised)
St Lucie County
Certificate of Capacity
Date 5i1512023 Certificate No. 32:.9
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for level s of service as adopted in the St
Lucie County Comorehensive Plan for.
1. Type of development Idaj,or Adjuabnent to a It4aloz Site Plan
N u tuber of u n its 59 N u m ber of square feet 3 7000
2. Property legal description & Tax ID no.
3522-701-0000-000-4, 3522-343-0001-000-3, 352 344-0001-000-, &352t-34#-00002-000I-3, et.ai.
7700 S. Ocean Drive
Seaside (akaOuanalao) Resort
3. ADoroval. Buildina Resolution No. Letter
4. Subject to the following conditions for concurrency:
See Conditional Use & Site Plan Conditions in 2023-42. & 2023-043
Owner's name
SEASIDE 20 LLC_
Address
277 Regal Poinciana WAY', 156
Palm Beach FL 33480
S. Certificale Expiration Date 44-2025
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 dale can be extended only under the same terms and conditions as the
underlying develo ment orderissued with this certificate, or for subsequent
d elop effilsj ss forthesame property, useand size as described herein.
Sigied Doty Sa'1&IM3
Planning and Development Services Director
St Lucie County, Florida
Resolution No. 2023-043
Page 9 MJSP-3202226344 & WV-3202226347