Critics of proposed Siesta Key hotel score 'monumental' win
Sarasota Herald-Tribune
Siesta Key resident Lourdes Ramirez has won the first legal battle over Sarasota County's approval of intensive hotel development proposals on the popular barrier island destination, a victory her attorney called "monumental."
If the ruling by a state administrative law judge sticks, it will mean two Siesta Key hotels approved in 2021 by the County Commission are "inconsistent" with the county's long-range growth plan, which could, in effect, block them from being built.
However, that order can be appealed, leading to additional courtroom battles. There's also a pending trial challenging both hotels that's scheduled for October.
In the fall of 2021, Sarasota County removed a density regulation for transient accommodations that limited the number of hotel rooms to a maximum of 26 units per acre on Siesta Key, while approving a proposed 170-room hotel in Siesta Key Village. The approval came despite the county's comprehensive plan — a blueprint for growth — preventing increase of the intensity or density of development on the area's barrier islands above what was allowed by regulations adopted in 1989.
A second 120-room hotel was also approved by the County Commission on the south end of the island.
Approval of the hotel projects galvanized residents on Siesta Key, leading to public marches, town hall meetings and an effort to incorporate the barrier island into its own municipality.
Ramirez sued the county after the approvals, accusing the commissioners of violating the county's growth plan.
She also challenged the county's regulation removing density caps on hotels during a hearing before a judge at the state's Division of Administrative Hearings.
Administrative Law Judge Suzanne Van Wyk sided with Ramierz on Monday in the final order in that case that found the county's land development regulation that removed density caps on Siesta Key was "inconsistent" with three policies in the county's growth plan.
The developers and county officials argued that the county's land regulations on density did not apply to barrier islands. Therefore, the removal of a density cap was not increasing the intensity or density on barrier islands beyond what was allowed in 1989.
The judge ruled that other parts of the county's regulations had placed the barrier islands into a separate category that did limit commercial development.
The judge said “the plain language" of a 1981 plan limited barrier islands development "to the existing uses and maximum densities and intensities of development."
"New hotel development can take place on the Barrier Islands, but it is limited to the maximum intensity already on the ground.”
Sarasota County officials declined to comment citing the county's policy not to comment on pending or active litigation.
Richard Grosso, one of Ramirez' attorneys, called the final order "monumental" given the threat posed by hurricanes to coastal communities.
"There are compelling reasons why Sarasota County's comprehensive plan limited development on barrier islands," he said. "Those are life, limb and tax dollars and frankly private dollars as well."
He pointed to the cost of Hurricane Ian, noting that damage from that storm has been reported to be larger than the state's entire yearly budget.
He said he further hopes the final order sends a message to other Florida elected officials contemplating development in coastal areas.
"Slow down," he said. "You are not doing yourselves or your citizens any favors."
Ramirez sent an email blast to supporters on Monday night, trumpeting the victory, but also pointing out that it was only one step in a longer journey over the level of development appropriate for Siesta Key. She also solicited donations to continue her legal challenges against the hotel approvals.
"I’m thrilled with the State’s decision that recognizes the 2021 zoning ordinance that eliminated maximum density levels for new hotels on Siesta Key clearly does not comply with the laws of our Comprehensive Plan," she said in an email to the Herald-Tribune, thanking her attorneys who "who worked very hard on this difficult case.
"I’m also thankful to all the individuals who donated to the legal defense fund. It’s a win for Siesta Key!"
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