Planning Commission rejects Comp Plan and UDC Changes 8-0

 

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Planning Commission Rejects Comp plan and UDC Changes 8-0 June 20, 2024

Siesta Key Condominium Council (SKCC) Mission Statement: To provide member Condominium Associations, their owners, residents and renters current information applicable to Condominium living in the legislative, legal and insurance arenas, through a series of meetings/speakers and to support efforts that promote: safety, economic stability, environmentalism, and the beautification of Siesta Key.

Results of the Planning Commission Hearing Proposed UDC Amendment No. 2023-55 – Voluntary Destruction Nonconforming Density - DRAFT  (In Conjunction with CPA No. 2022-D) and New Policy 1.3.3 (E). (Link to video below). Planning Commissioners voted unanimously 8-0 to reject the Comprehensive Plan and UDC amendments and recommend the BOCC not approve them as proposed. 1. They realized the unintended consequences are more far-reaching than they or staff thought. The amendments have neither been vetted nor thought out completely, and valid input from stakeholders was often dismissed or ignored, sometimes against the recommendations of planning staff. 2. The amendments allow 2 stories ABOVE the current non-conforming heights, which would permit buildings as high as 14 - 19 stories. Commissioners strongly opposed allowing higher non-conforming heights. The current amendment only permits demolition and rebuild to the same height AFTER a storm with 50% or more damage and repair unfeasible. 3. There is no restriction on room size or lock-out rooms. For example, the proposal would allow 400- 600 sq. ft. rooms to increase to 3,000 - 4,000 square feet and permit lock-out rooms, which in effect, could legally double density and create even greater intensity. 4. Costs could only be sustained by transient development or conversion, such as many time-share owners or a condo-hotel. The Planner acknowledged this is possible and not prevented by the amendments.

5. Planning staff originally recommend engineering reports and other requirements. All condos on Siesta Key built before 2,000 (the vast majority) three stories or greater require Milestone Inspections and Structural Integrity Reserve Studies because of their proximity to water. This is already underway and many buildings are undergoing upgrades. This is a financial hardship to owners, and units for sale are increasing, which could result in buyouts and transient conversions. 6. Stakeholders and Commissioners complimented planning staff for reaching out to stakeholders for input in the process. Commissioners asked important questions during the discussion. 7. Commissioners realized there is an issue determining which properties are legally non-conforming and eligible; the response was that it is the jurisdiction of the zoning administrator, but some express they want the Commission to make those determinations. The Comp Plan provides uniform protection for Key owners and residents against the dangers of increased density and intensity. 8. Given the DOAH and Circuit Court Rulings, they acknowledged these Amendments could expose the County to legal liability. Take aways from the Planning Commission Hearing: These amendments are more far-reaching than most realize. Since much of Siesta Key is RMF, this could ultimately pose a big problem. A proliferation of time share and condo hotel conversions to transient accommodations on the beaches and throughout the Key is possible. Planning acknowledged to the Planning Commission that the proposed amendments and County policies do not distinguish between hotel rooms and condos, between transient and residential, and do not prevent buyouts and conversions. Attorney Ralph Brookes stated it’s already happening in Ft. Myers/ Naples - not just the east coast. This could become another hidden danger to Siesta Key to circumvent the Comprehensive Plan and its protections for residents and owners. Link to Video of the Hearing (Choose June 20, 2024): https://sarasotacounty.granicus.com/ViewPublisher.php?view_id=15 Fast forward to item 6. You’ll probably need to drag the time to 4:43:54! Item 6 begins 4 3/4 hours into the meeting!