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

A battle over a more than three-decade-old growth policy could soon erupt again on Siesta Key as hotel developers seek to reverse two years of courtroom legal victories by Siesta Key advocates.

Benderson Development, one of the largest development companies in the region, presented plans to develop a hotel on Siesta Key with a proposal that could see 210 rooms built in Siesta Key Village on 1.4 acres of property. The parcels proposed for development would be along Ocean Boulevard and Calle Menorca across the road from the Siesta Key Oyster Bar.

Protections adopted by Sarasota County officials in 1989 stand in the way after a Siesta Key resident sued Sarasota County for violating its growth policies when approving two hotels in 2021.

One of the two proposed hotels that could be built in Siesta Key Village if developers can convince Sarasota County commissioners to remove a more than three-decade-old county policy set in place to prevent overdevelopment of the popular tourist attraction.
One of the two proposed hotels that could be built in Siesta Key Village if developers can convince Sarasota County commissioners to remove a more than three-decade-old county policy set in place to prevent overdevelopment of the popular tourist attraction.

Previous coverage: Sarasota County ends legal fight for Siesta Key hotels as opponents ready for next round

More: Sarasota judge sides with Siesta Key advocate in hotel legal battle

This week, Sarasota County commissioners dropped an appeal of one legal victory and decided not to appeal a recent circuit court decision that found the previous hotel approvals violated the county's growth plan.

The growth policy at issue effectively freezes development on the popular barrier island to what was allowed in 1989, according to court rulings.

Benderson's proposal is just one of three that seek a workaround.

A second proposal would see the construction of a 110-unit hotel on about 2.15 acres of property on Midnight Pass Road. Dave Balot, the property owner, has proposed doubling the allowable hotel density from 26 units per acre to 52 units per acre.

A third request involves a second Siesta Key Village hotel. This project, a 170-room hotel on Calle Miramar and Ocean Boulevard, received approval in late 2021, but the approval was challenged by Siesta Key resident Lourdes Ramirez.

Another hotel proposed by Gary Kompothecras, also known as "Dr. Gary," near the south bridge on Siesta Key has not submitted a proposal yet.

County staff have received the three proposals, but a date for when they will be discussed at a County Commission meeting has not been set.

Ramirez said she would continue to oppose any change that waters down Siesta Key's protections.

She also sees key differences in this fight compared to two years ago, which she hopes will resonate with county commissioners.

She said she's proven in court that Siesta Key does have additional protections in the comprehensive plan, which was not the case last time.

"We know there are protections for Siesta Key that have existed for decades," she said. "And now we have proven our point."

Efforts to incorporate in hibernation

The last time Siesta Key hotels reached county commissioners, their decision to allow large hotels on the barrier island sparked a grassroots movement to incorporate Siesta Key into its own town. That effort failed after stalling in a committee vice-chaired by State Rep. James Buchanan.

Buchanan was the only member of the Sarasota County Legislative delegation to vote against Siesta Key incorporation.

Timothy Hensey, chairman of Save Siesta Key Inc., said efforts to incorporate Siesta Key have been paused given the political reality the movement faces with current state leadership, although, the desire for home rule has not gone away.

Hensey described the organization as in hibernation, but recent news about the proposals has reverberated among the many organizations that formed two years ago with old group chats suddenly active again.

He said for many full-time residents who live on Siesta Key overdevelopment concerns are about life and safety, pointing to the constricted nature of the barrier island, which has a limited road system and just two bridges on and off the island.

He noted that heart attack and stroke remain two of the leading causes of death in the United States.

"Any medical professional will tell you that the key element in saving lives in most medical emergencies is time," he said.

He worries that allowing any more hotel development on Siesta Key could cause traffic problems, increasing the time it takes first responders to get on and then off the barrier island.

"I just don't think it (Siesta) can stand anymore (development)," he said.

This article originally appeared on Sarasota Herald-Tribune: Hotel developers seek reversal of Siesta Key legal victories