September 11 Hearing: Siesta Key Condo Rebuilds

 

Siesta Key News & Updates September 6, 2024 September 11 Public Hearing Siesta Key Condo rebuilds Protect Siesta Key opposes any changes to the Comprehensive Plan that would endanger the decades-old regulations protecting all barrier islands. We also oppose any changes to the zoning code that conflict with our Comprehensive Plan. The Sarasota County Commission will conduct a public hearing on September 11, 2024, to review proposed changes to our Comprehensive Plan. These changes will increase the size of multifamily buildings (condos, timeshares, apartments) in the Residential Multi-family Districts on Siesta Key. The proposal suggests allowing decades-old multifamily structures, which already exceed the maximum permitted densities and heights in the current zoning regulations, to become even larger. The Siesta Key Condominium Council is leading the opposition to this change. The Sarasota Planning Commission board previously rejected the proposed change to the Comprehensive Plan with an 8-0 vote a few weeks ago. Many multifamily structures were platted or constructed prior to the implementation of current zoning regulations. Since 1975, the maximum height for structures in the residential multifamily districts (RMF) has been 35 feet for RMF Districts 1 and 2, and 45 feet for RMF District 3. Presently, approximately 137 structures on Siesta Key exceed these height limits as they were built before the adoption of these regulations. While the zoning regulations allow these structures to be rebuilt in the event of destruction by a disaster, if they are to be demolished voluntarily, they must adhere to the current zoning regulations regarding size including height. The proposed change to our Comprehensive Plan would allow these tall structures to be rebuilt with parking underneath the residences, potentially increasing their height. For example, an 8-story building could become 10 stories or more. Additionally, this change would reduce the side yard and rear yard setbacks, resulting in wider, more massive buildings. There are concerns that the proposed new regulations may mark just the beginning, becoming a Trojan horse for developers to add floors or density to our already crowded island. Please take the time to read the attached PSK memo and the letter from Attorney Richard Grosso. Protect Siesta Key Memo to the County Commission (link) PSK's Memo Exhibits (link) Attorney Richard Grosso Letter on proposed changes (link) If you wish to voice your concerns, please send an email to the County Commission before Tuesday, September 10, to have your input included in the official record. Email our County Commission (cut and paste into your email): Mhsmith@scgov.net, Jneunder@scgov.net, rcutsinger@scgov.net, nrainford@scgov.net, mmoran@scgov.net Copy the staff: Planner@scgov.net, Efarrell@scgov.net Let them know you agree with Protect Siesta Key, Inc. that the County should not amend the laws of our Comprehensive Plan! Public Hearing information Wednesday, Sept 11 Meeting time: starts at 9 am Location: County Commission Chambers Address: 1660 Ringling Blvd, Sarasota Thank you for your support of our efforts to protect our Siesta Key! Sincerely, Lourdes What about Mega-hotels Public Hearings? Sarasota County has not yet announced the date for public hearings regarding proposed changes to the laws in our Comprehensive Plan that would permit developers to construct multiple mega-sized hotels on Siesta Key. We are monitoring the Sarasota County website for public notices. However, there are a few County Commission meetings scheduled in both September and October. It's possible that the County may schedule a Planning Commission hearing in September, which is a preliminary meeting by an advisory group that will vote to either recommend or deny the acceptance of a proposed Comprehensive Plan or development plan change. This meeting is not as critical as the Sarasota County Commission public hearings, where the final decision will be made. Consider marking your calendar for October 8, 9, 22, or 23, as potential dates for a Sarasota County Commission public hearing on mega-hotels. Until we receive further information, we do not know which date will be the actual hearing date. We will inform you promptly when we receive notice of a scheduled public hearing.

9.11 Siesta Key Demolition/Rebuild Hearing

 

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Board of County Commissioners Hearing on 9/11, 9:00 am-5:00 pm

The Siesta Key Condominium Council was formed in 1976 and its membership includes over 90 Siesta Key Condo Associations. Mission Statement: To provide member Condominium Associations, their owners, residents and renters current information applicable to condominium living through a series of meetings/speakers and to support efforts that promote safety, economic stability, environmentalism, and the beautification of Siesta Key.

Board of County Commissioners Hearing on 9/11, 9:00 am-5:00 pm Siesta Key RMF Non-conforming Density Voluntary Demolition / Rebuild New Policy 1.2.2(E) and Ordinance No. 2024-053, UDC Amendment No. 55 From Planner: “I wanted to give everyone notice of the hearing date for the Voluntary Demolition Comprehensive Plan Amendment and UDC Text Amendment. The project will go to the Board for Transmittal to the State Dept of Commerce on September 11, 2024. The advertisement will be published on Wednesday next week. Please find the proposed language attached. Both items contain the “no special exception” language… Since this is a large-scale amendment, this would be the first of two public hearings on the items. As you know, the Planning Commission had recommended denial on this project.  I will provide the full packet…, once editing is completed.” Note: The Final packet has not been released to the public yet as of 8/28. Once released, this link should contain agenda and details:  Click HERE for a link to the 9/11 County Commission meeting information.   Click HERE to Watch the Meeting live at 9:00 am on 09/11. Not interactive. View only. Why It Matters to Everyone who cares about Siesta Key This is another assault on the Comprehensive Plan’s protection of Siesta Key against increased density and intensity that threatens resident safety, hurricane evacuation and emergency vehicle access. It adds New Policy 1.2.2(E) that negates FLU 2.9.1 and removes Comp Plan protections. It would perpetuate non-conforming density and height, add two stories of parking, increase footprints, allow larger and lock-out rooms, and variances of the Gulf Beach setback line. These would increase density and intensity in violation of the current Comp Plan. The changes also remove public scrutiny of development of non-conforming properties, eliminating workshops, Planning Commission and County Commission hearings. The Planning Commission recommended rejecting these Comp Plan changes 8-0 because there are too many unintended consequences that recent Court rulings indicate are detrimental to Siesta Key residents and expose Sarasota County to liability.

Proposed Changes Promote Development at a time when residents realize current infrastructure cannot support increased density and intensity. Traffic congestion is already a constant problem and complaint of residents and visitors. During the last two storms, including Debby, the Siesta Drive bridge was closed because its access road flooded, reducing hurricane evacuation and emergency vehicle access to only the Stickney Pt. Bridge, which is under extensive repair by FDOT to extend its life. Traffic will be reduced to two lanes somedays during this process. There is discussion about a bridge replacement, which would require downsizing to two lanes for an extended period. Stormwater and sewage infrastructure failures, like those during Tropical Storm Debbie, are occurring with increasing regularity. One of the largest spills occurred at the Siesta Key Master Pump station, totaling 309,000 gallons, as reported to FDEP. The cumulative effects of rebuilds from over 137 non-conforming RMF properties would overwhelm roads, bridges, evacuation routes, stormwater and sewage facilities. Financial Reality: not practical for residential condominiums. Owners are already undergoing Milestone Inspections, SIRS studies and repairs to make structures safer and bring them into compliance with state regulations. Most residents do not want to move from their home for two years or more during demo and construction and incur even larger expenses. Snowbirds and vacationers similarly do not want to lose years. If a condominium is severely damaged by a storm, insurance covers repair and rebuild. Voluntary demo and rebuild cannot claim insurance. The proposed change was initiated by a time share. It is a developer’s dream. Only a time share’s many units provide a large enough assessment to fund demolition and rebuild; for example, a 50-unit time share contains 2,600 weekly units: at $10,000 assessed, 500,000 vs. $26,000,000! The change would encourage developers to buy out units to convert residential condos to transient accommodations: time shares and condo-hotels – as it is already has in other areas of Florida.

Your Voice Counts This hearing is scheduled when many residents are away or on vacation. To express your opinion, email County Commissioners HERE. Ralf Brookes, attorney for James P. Wallace, III, sent a memo to County Attorney Moye making it clear that his client opposes any changes to the 1989 Siesta Key Comprehensive Plan (identified by two independent Court cases) - including the Siesta Key Voluntary Demolition/ Rebuild. For further information, Click HERE. Debby Sarasota County Petition: The Petition calls for Hydrology and Wastewater spillage studies and to “Pause Comprehensive Plan amendments including but not limited to changes to the 2050 Plan, rezonings, special exceptions and any UDC change that will increase density and intensity of development projects in the vulnerable areas.” Click HERE for more information, to join, or to comment.  From the local AARP ambassador: AARP Day at Sarasota Lanes, a free bowling event, on Monday, September 9, from 1:00-3:00 pm. For further info or to register, click HERE. There is also information on free online courses. Managers and Board Members: Please post and distribute this important notice! Please click here for a printable copy.

Another Potential Violation of our Comp Plan - Lourdes Ramirez

 

Monthly News & Updates July 2024

Another Potential Violation of our Comprehensive Plan Public Hearing before County Commissioners scheduled for July 9

Here we go again…Another possible violation of our Comprehensive Plan! Siesta Key is currently dealing with three proposals that aim to increase the population and development on our island. The most recent proposal that will be heard by the Sarasota County Commission on July 9th may also impact Manasota and Casey Keys. The following is a brief overview of all three proposals. A link to a copy of the letter Protect Siesta Key (PSK) plans to send to the County Commission for the July 9th public hearing on nonconforming lots of record will be listed below. Please be aware that Protect Siesta Key opposes any changes to the Comprehensive Plan that would endanger the decades-old regulations protecting all barrier islands. We also oppose any changes to the zoning code that conflict with our Comprehensive Plan. Summary of the three proposals to increase density on barrier islands: 1. Mega-hotels for Siesta Key: Benderson Development is proposing to alter long-standing protective growth laws in our Comprehensive Plan to construct large hotels on our fragile island. The Comp Plan amendment is expected to be reviewed by the Planning Commission and Board of County Commissioners in late August or early September. Visit our website, Protect Siesta Key.org for additional information on this proposal. 2. Condo rebuilds on Barrier Islands: Sarasota County is considering changes to our Comprehensive Plan to increase the size of condo buildings in the Residential Multi-family Districts on the barrier islands. There is a proposal to allow condominium structures built decades ago with densities and height that exceed the maximum permitted in the current zoning regulations to become even larger. The Siesta Key Condominium Council is leading the effort to oppose this change. The Planning Commission recently denied the proposed change to the Comp Plan 8-0. The next step is to go before the County Commission, which might occur in the fall. To read more about the concerns, use this link to the SKCC letter to the Planning Commission.

And the recent proposal that will be heard by County Commissioners on July 9th… 3. Nonconforming Lots of Record on Barrier Islands: Before the adoption of the 1975 zoning regulations, several areas on the barrier islands were platted with small residential lots, some with a width of only 25 feet! These lots are called ‘nonconforming lots of record,’ as they do not conform to the minimum lot sizes required by our zoning codes since 1975. In 1989, Sarasota County adopted laws acknowledging that some homes on existing nonconforming lots of records can continue to exist. To protect property rights, a property owner can rebuild on those tiny lots as platted but can’t change the lot lines. The goal of our zoning regulations since 1975 is to have these small lots to cease to exist. According to our Comp Plan, all lots created since 1975 must meet minimum lot size requirements for their district. The Protect Siesta Key letter to the County Commission (Link) includes a hypothetical example of a Residential Single Family 1.2-acre parcel that legally can have 3 homes but contains 10 nonconforming lots of record that were platted in 1912. Due to regulations such as minimum setback requirements, most property owners choose to combine nonconforming lots of records into legally conforming lots, which would comply with our Comprehensive Plan. The proposed change to the Unified Development Code will allow developers to count the tiny lots as ‘density’ which is not allowed in our codes and combine that number into multiple homes on a parcel. The developer lawyers claim they can ‘reduce density’ if they promise not to use all of the old nonconforming lots of record on a parcel. The proposal to allow this is in violation of our Comprehensive Plan that requires the County to follow the 1989 Zoning regulations for barrier islands. In 1989, the zoning regulations did not allow for the developers to change the nonconforming lots of record lines or count it as density.  The proposed change in Ordinance 2024-034 will violate the Comprehensive Plan as we described in our letter to the County Commission.  Link to PSK letter opposing UDC amendment 2024-034 Link to PSK Attorney Richard Grosso letter to BCC The Board of County Commissioners is scheduled to hear this proposal on Tuesday, July 9th. Location: Board of County Commission Chambers R.L. Anderson Administration Center, 4000 S. Tamiami Trail, Venice, Florida To write your objections to the County over this proposal or to just state to the County that they MUST NOT pass zoning laws that violate our Comprehensive Plan, send an email to Commissioners@scgov.net Or to each commissioner with a copy to the planner: jneunder@scgov.net, nrainford@scgov.net, mhsmith@scgov.net, mmoran@scgov.net, rcutsinger@scgov.net, planner@scgov.net Thank you. Lourdes

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!

Updates from SCAN's meeting at the Audubon Nature Center

Another good SCAN meeting on March 21st brought out many concerned about the Celery Fields, as well as others whose neighborhoods are under duress from developer proposals, including Heritage Oaks and the North Venice Neighborhood Alliance, Siesta Village, Sylvan Lea, Old Miakka, and more. 

At this meeting, Susan Schoettle presented an overview of the planning process -- we'll have a .pdf file of her power point presentation that all will have access to. And engineer Steve Suau spoke of the new flood maps that will be made public March 27. Many who will hear from their banks that they must purchase flood insurance -- but the maps will in many cases be inaccurate. Homeowners will need to do a map amendment to correct the errors.

Rob Wright speaking at the Nature Center 3.21.24

Siesta Key:

Many attended an online neighborhood workshop regarding a proposed mega-hotel from Gary Kompothecras near the south Siesta Key bridge on Wednesday, March 20. Many on the call asked penetrating questions showing they have closely studied the plan, the proposed parking, the site, the height of the proposed hotel and much more.

Two new stories from the News Leader:

Benderson revises proposed Comprehensive Plan amendments crafted to permit high-rise hotels on Siesta Sarasota News Leader

County Commission agrees to pay Ramirez $170,000 and second set of litigants $101,278.20 to wrap up hotel lawsuits filed in 2021  Sarasota News Leader

Hotel proposals seek reversal of Siesta Key legal victories after two-year court battle Herald Tribune

Celery Fields:

Members of public plead for county to purchase Smith Properties next to Celery Fields, but county’s Parks, Recreation and Natural Resources director says pending development deal forbids any intervention at this point Sarasota News Leader

Letter to Parks Director Nicole Rissler

Old Miakka

At the March 21 SCAN meeting at the Audubon Nature Center, Mike Hutchinson said he and Eileen Fitzgerald will appeal the latest court ruling that did not find a problem with Rex Jensen and Pat Neal paving the rural heritage area of East Sarasota County.

Letter to the County Commission concerning the history of Old Miakka from Becky Ayech.

Old Miakka Schoolhouse

And in the city:

CityPac will hold a candidate forum for city commission candidates. City residents are also concerned with overdevelopment, strange planning, and insider dealing. The forum at Selby Library is open to all. It's on Thursday, March 28 at 5 pm.

WWSB: SCAN First Meeting Jan. 17, 2024

 Via WWSB:

Sarasota County community leaders discuss development

    

Community leaders from Siesta Key, Old Miakka, and the Celery Fields community gathered at Gulf Gate Library to discuss concerns over development in the county.(WWSB)

By Michaela Redmond

Published: Jan. 17, 2024 at 10:27 PM EST

Community leaders from Siesta Key, Old Miakka, and the Celery Fields community 

gathered at Gulf Gate Library to discuss concerns over development in the county.(WWSB)

By Michaela Redmond

Published: Jan. 17, 2024 at 10:27 PM EST

SARASOTA, Fla. (WWSB) - Community leaders from Siesta Key, Old Miakka, 

and the Celery Fields community gathered at Gulf Gate Library to discuss 

concerns over development in the county. The meeting started at 6 p.m. on Wednesday

 and brought out around 50 people.

“Little by little, in fact, I would probably so more than little by little at this point, our 

open areas are being created as new developments. So, that recreational benefits, 

the wildlife benefits, all of that goes away,” said Robert Wright, the Conservation 

Chairman for the Sarasota Audubon Society.

The Audubon’s nature center is located inside the Celery Fields and Wright said its 

an area facing more possible development on an old farm boarding the fields. 

Wright said the Celery Fields are home to an abundance of wildlife and were originally 

created to treat storm water. He said developing on the farm doesn’t make sense.

“It should be preserved in some fashion so that it is going to be compatible with 

maintaining an area with, so you have more area where all these people can recreate

 because that area is actually going to look like the central park of Sarasota County,” said Wright.

Just under a half an hour from the Celery Fields, a mega hotel could be 

making its way to Siesta Key. Lourdes Ramirez, the President of the Siesta Key Community, 

said the proposed hotel is nine stories tall, around 147 units and spreading almost out to the 

sidewalk. The hotel would take over Flavio’s and the surrounding shops.

“This is just going to make it look like Fort Lauderdale or Daytona. It’s going to 

change the whole atmosphere of Siesta Key Village. And the whole belief that 

Siesta Key is a laid-back community. It’s just going to be overly developed,” said Ramirez.

Ramirez said the Key is already over developed and has the highest density 

in all of Sarasota County.

“We are a barrier island with a two-lane road that connects two bridges. You can’t add 

more people to a hurricane prone island,” said Ramirez.

Ramirez hoped the other neighborhoods understood that what happens on Siesta Key 

with the hotel being approved and built, could happened anywhere county wide. 

Ramirez said the developer is expected to submit a formal application next month.

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