Sarasota County Commission supports Benderson over other Siesta Key hotel proposals

A controversial developer's proposal to rewrite key growth management policies for Sarasota County's barrier islands and pave the way for unprecedented intensive hotel development on Siesta Key will proceed after Sarasota County commissioners gave the Benderson Development Co. the green light to pursue the changes Tuesday morning.

The commissioners chose Benderson's more aggressive growth plan changes but rejected allowing public consideration of two others that would have allowed more modest hotel development. All three proposals − technically called privately-initiated growth plan amendments − come after developers and the county lost a two-year legal battle at an estimated cost of hundreds of thousands of dollars that stemmed from another effort to allow big hotels on Siesta Key.

In that case, the county sought to accommodate developers proposals for larger hotels on the world famous Siesta Key by simply changing the development code to remove a long-standing density cap on the number of hotel rooms allowed. That effort was thwarted by a Siesta Key resident who challenged the move in court and won.

In one of the key rulings, a judge concluded the code change ran afoul of the county decades-old growth management policy limiting development on flood-prone barrier islands.

That growth policy effectively froze for decades any increase in intensity of development on Siesta Key, resulting in the low profile, laid back, beach town vibe that exists today where the largest hotel on the island stands at just over 50 rooms.

But developers proposed four projects on Siesta Key in 2021, calling for more than 400 hotel rooms on the island including an eight story, 170-room hotel in Siesta Key Village on less than an acre, a 112-room hotel on Midnight Pass Road and a 120-unit project near the island's south bridge.

Benderson Development seeks to build Siesta Key hotel

Benderson Development, one of the largest active developers in the region, was not involved in the previous Siesta Key hotel projects, but the influential local company owns several properties on the island, including just under an acre in Siesta Key Village, where it seeks to build 147-room hotel, according to the most recent development application.

Their most recent proposal is similar in approach to what the previous hotel developers had sought, but includes either removing or rewriting the growth policies that tripped up the prior hotel projects.

The other two proposed growth plan amendments, including one by the Siesta Key Chamber of Commerce, would have limited the number of hotel rooms on Siesta Key to 52 units per acre − double what the current county development codes allow for the popular tourist destination.

Neither of those proposals were advanced for public review by the County Commission.

Instead, the the commission favored the most controversial proposal, submitted by Kimley-Horn on behalf of limited liability companies controlled by Benderson Development. That proposal would not limit the number of rooms based on the size of the lot but allow as many rooms as the developer could fit inside the building allowed under development codes.

Opponents dubbed it "unlimited density."

More than a dozen critics — most of them Siesta Key residents — attended the meeting, with all of the speakers during public comment opposing the Benderson proposal.

One speaker on Tuesday referenced the almost unified opposition to large hotels on Siesta Key as "the many against the money."

The opposition included Siesta Key Chamber of Commerce President Michael Gatz. The chamber's proposal would have limited hotel projects to a maximum of 75 rooms with a density cap of 52 units per acre.

Dave Balot, the developer behind one of the hotel proposals, submitted a growth plan amendment almost identical to Benderson's, but set the hotel density cap at 52-units per acre.

Sarasota County commissioners support Siesta Key hotel plans

County Commissioner Mark Smith, a resident of Siesta Key, said he could not support the Benderson proposal and recommended the body move forward with the Siesta Key Chamber's proposal and the Balot proposal.

"I'm not for unlimited density on Siesta Key," he said.

However, County Commissioner Mike Moran said he felt the Benderson proposal provided "the most latitude" to bring projects forward.

Commissioner Neil Rainford said he was in favor of "limiting the number of transient accommodations" and that the Benderson proposal does that by limiting the total amount of hotel development on Siesta Key to no more than 15% of the total commercial land available.

It is unclear if that provision would be legally enforceable as it would create a first come, first served scenario for the current Siesta Key commercial property owners, which may run afoul of the state's private property rights protection laws.

Smith then suggested to move all three proposed growth plan amendments forward so that the public could vet all proposals that were submitted.

"I think we are narrowing our public input by just having one proposal go forward," he said.

But the board voted 3-1, Moran, Rainford and Ron Cutsinger in support, to advance only the Benderson proposal. Commissioner Joe Neunder was absent.

The decision starts a process that will take months and require community workshops and public hearings before the county Planning Commission. The changes to the growth plan will eventually return to the County Commission for a final vote.

The hotel development issue has sparked a citizen backlash unlike anything seen in years in Sarasota County. Siesta Key residents launched an incorporation movement to gain control of local development decisions, but their efforts have been stymied the last two years by the area's state lawmakers.

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

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

This article originally appeared on Sarasota Herald-Tribune: Sarasota County board supports Benderson in Siesta Key hotel battle