The URL can be used to link to this page

Home My WebLink About22-023 Resolution 2022-23 File No. CUMj-11202126233 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT FOR THE SEASIDE (AKA OUANALAO) RESORT TO AMEND THE OWNER'S LENGTH OF STAY RESTRICTIONS FOR THE PROJECT WITHIN THE HUTCHINSON ISLAND RESIDENTIAL DISTRICT (HIRD) ZONING DISTRICT LOCATED AT 7700 S. 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, has made the following determinations: 1. Seaside 20, LLC presented a petition for a Major Adjustment to an Approved Conditional Use Permit to for the tourist court resort to be known as Seaside (AKA Ouanalao) Resort, approved for 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 July 6, 2021, this Board 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. 3. The proposed Major Adjustment to the approved Conditional Use Permit for the Seaside (AKA Ouanalao) Resort, seek to modify 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, 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, as displayed in Paragraph B below. 4. The Development Review Committee has reviewed the proposed Major Adjustment and found it to be in substantial conformity with the existing Conditional Use. 5. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 6. On February 1, 2022, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 7. The Major Adjustment to an existing Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives, and policies of the St. Lucie County File No.: CUMj-11202126233 Resolution No. 2022-23 Page 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5005407 03/09/2022 09:21:18 AM OR BOOK 4786 PAGE 1196-1202 Doc Type:RESO 03568188.v1 RECORDING: $61.00 Resolution 2022-23 File No. CUMj-11202126233 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT FOR THE SEASIDE (AKA OUANALAO) RESORT TO AMEND THE OWNER'S LENGTH OF STAY RESTRICTIONS FOR THE PROJECT WITHIN THE HUTCHINSON ISLAND RESIDENTIAL DISTRICT (HIRD) ZONING DISTRICT LOCATED AT 7700 S. 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, has made the following determinations: 1. Seaside 20, LLC presented a petition for a Major Adjustment to an Approved Conditional Use Permit to for the tourist court resort to be known as Seaside (AKA Ouanalao) Resort, approved for 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 July 6, 2021, this Board 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. 3. The proposed Major Adjustment to the approved Conditional Use Permit for the Seaside (AKA Ouanalao) Resort, seek to modify 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, 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, as displayed in Paragraph B below. 4. The Development Review Committee has reviewed the proposed Major Adjustment and found it to be in substantial conformity with the existing Conditional Use. 5. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 6. On February 1, 2022, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 7. The Major Adjustment to an existing Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives, and policies of the St. Lucie County File No.: CUMj-11202126233 Resolution No. 2022-23 Page 1 03568188.v1 Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 8. The project,with restated and amended 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. 9. The proposed project will be serviced by adequate public facilities and services. 10. The Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, granted with Resolution 2021-306 will remain. 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 Sections 11.07.03 & 11.07.04, 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, approved by Resolution 2021-306, for the property described in Paragraph C, and 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 adjusted and subject to the revised (#3) and restated conditions (1-2 &4-18) as follows: 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) skull net stay in their units for more than 185 calendar days per year. 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. 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. File No.: CUMj-11202126233 Resolution No. 2022-23 Page 2 03568188.v1 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. 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 Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. File No.: CUMj-11202126233 Resolution No. 2022-23 Page 3 03568188.v l 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 Major Adjustment to a Conditional Use Permit 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. 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: File No.: CUMj-11202126233 Resolution No. 2022-23 Page 4 03568188.v1 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 are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County and are not assigned to any other party or institution. Should the applicant choose or decide to assign this business to another entity or individual, an adjustment to this Conditional Use Permit shall be required. F. Pursuant to Section 11.07.05(1) of the St. Lucie County Land Development Code, a Conditional Use Permit, and Adjustments thereto, shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of this approval. unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the Conditional Use Permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners. G. Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, time limitations imposed on a Conditional Use Permit by Section 11.07.05(1) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. H. The developer is advised as part of this Conditional Use Permit Adjustment, including any successors in interest, 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, and South Florida Water Management District, and the St. 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 File No.: CUMj-11202126233 Resolution No. 2022-23 Page 5 03568188.v1 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. I. This Resolution 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. J. This Resolution shall be recorded in the Public Records of St. Lucie County. K. Adoption After motion and second, the vote on this resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 1st day of February, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: 'VJ DEPUTY CLERK JN-CY COM4. COUNTY ATTG N Y ,4 rn rs • OGNrY,FIOR‘p* File No.: CUMj-11202126233 Resolution No. 2022-23 Page 6 03568188.v 1 Exhibit "A" (Location Map) E MIDWAYPRD iP N .Y oy y 0ceg 1 ' °2 Subject :a.W 1 13 °� Parcel c I N a' Y —EASY a Q a _s a 0 , .11 TIL•TON RD-� _` ` 1.315 1�-me �] —DYER:RD • EIJ1 .1 I Ali E „ m ','HHHi �� E III Atlantic Ocean N r I; &Iuf Indian River lagoon II ro IN u. Awe ° \ .,1 ISE•WAL•TON•RD ♦ SE TIFFANY:AVE �; : l ,c s. _ o \, r r m— IN ‘ ElI :S. ili o 5)11 Ni II7. L '1 S File No.: CUMj-11202126233 Resolution No. 2022-23 Page 7 03568188.v1