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Home My WebLink About24-052 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5381086 09/03/2024 12:44:48 PM OR BOOK 5200 PAGE 2258-2262 Doc Type:ORD RECORDING: $44.00 PDS ORDER 2024-052 File No. EDO-2407000042 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MAJOR ADJUSTMENT TO AN CONDITIONAL USE PERMIT AND MAJOR ADJUSTMENT TO THE MAJOR SITE PLAN FOR THE PROJECT KNOWN AS SEASIDE (AKA OUANALAO) RESORT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted by Logan Wellmeier, Esq. of Dean, Mead, Minton & Moore representing Seaside 20 LLC, and has made the following determinations: 1. On April 4, 2023, the Board of County Commissioners granted through approval Resolution 2023-043 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 project is located within the Hutchinson Island Residential District (HIRD) Zoning District, at 7700 S. Ocean Drive, Jensen Beach, FL. 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. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the threat of Tropical Storm Nine/Hurricane Ian. This emergency declaration was effective on September 23, 2022, and would have expired 60 days later, on November 22, 2022. The Governor also issued Executive Order 22-219 on September 24, 2022, expanding the state of emergency to cover the entire State of Florida. However, subsequent executive orders have continued to extend executive orders 22-218 and 22- 219, through Executive Order 24-137,which extended the state of emergency to August 26, 2024. 4. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the impending Subtropical Storm Nicole. This emergency declaration was effective on November 7, 2022, and would have expired 60 days later, on January 6, 2023. However, subsequent executive orders have continued to extend Executive Order 22-253, through Executive Order 24-116, extending the state of emergency to August 13, 2024. File No.: EDO-2407-000042 PDS 2024-052 Page: 1 5. On March 15, 2024, the applicant, Logan Wellmeier, Esq., of Dean, Mead, Minton&Moore representing the property owner, filed a request to toll and extend the termination date for the property known as Seaside (AKA Ouanalao) Resort pursuant to Executive Orders 24- 137, (Hurricane Ian) and Executive Order 24-116 (Hurricane Nicole). 6. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023, amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty-four (24) months per state of emergency(plus the duration of the emergency declaration), but limiting the extended period under overlapping states of emergency to forty-eight (48) months. When combined,they supersede the maximum allowable forty-eight(48)months by Statute. 7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety (90) days after the termination of the declaration of emergency. The applicant applied for this extension on July 12, 2024, which is within the time frame established by the Statute. 8. Planning Staff has performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County Development Orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled "Seaside (AKA Ouanalao)Resort-Executive Order Extension-(EDO-2407-000042)"dated August 19, 2024. NOW,THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the administrative approval for the project known as Seaside(AKA Ouanalao) Resort, has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2023-043 is extended from its last scheduled date of expiration,April 4, 2025, and now shall expire April 4,2029. The approval granted under Resolution No.2023-042 is extended from its last scheduled date of expiration, April 4, 2024, and now shall expire April 4, 2028, for the property described below in Part B. B. The property on which this Development Order Extension is being granted is described as follows: Legal Description: PARCEL II: 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 File No.: EDO-2407-000042 PDS 2024-052 Page: 2 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 FIRSTAMENDMENT 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 BYA 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. File No.: EDO-2407-000042 PDS 2024-052 Page: 3 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 ID#s: 3522-701-0000-000-4, 3522-343-0001-000-3, 3522-344-0001-000-6, &3522- 344-0002-000-3, et. al. C. This statutory extension approval for Resolution 2023-043 for a Major Site Plan and a Category 1 Wetland Waiver shall expire on April 4, 2029. The approvals granted under Resolution 2023-042 for the Major Adjustment to Conditional Use Permit and Alcohol Waiver shall expire on April 4, 2028, unless a permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non-severable part of the site plan approval as granted by this administrative extension. If any condition set forth in PartA is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this Order shall become null and void. E. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this day of � 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCI TY, FLORIDA BY enjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: EDO-2407-000042 PDS 2024-052 Page: 4 EXHIBIT - A "Seaside (AKA Ouanalao) Resort" The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 07/06/2021 Resolution No. The Board of County 07/06/2022 Conditional Use Permit& 2021-306 Commissioners Alcohol Waiver 07/06/2021 Resolution No. The Board of County 02/22/2024 Major Site Plan Approval 2021-312 Commissioners 04/04/2023 Resolution No. The Board of County 04/04/2025 Major Adjustment to Major 2023-043 Commissioners Site Plan Approval & Cat 1 Wetland Waiver 04/04/2023 Resolution No. The Board of County 04/04/2024 Major Adjustment to 2023-042 Commissioners Conditional Use Permit and Alcohol Waiver File No.: EDO-2407-000042 PDS 2024-052 Page: 5