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Siesta Key Community News

Mega - Hotel Lawsuit Info

Support the Defense of Siesta Key!

Lourdes Ramirez  has filed a lawsuit against Sarasota County for violating our growth laws.

We are helping with fundraising for the legal defense. Your support is critical to her success! Please use the link below and contribute to our cause!

Siesta Key Community is a 10 year old organization helping to raise funds for the Legal Defense of Siesta Key.  Your donation through the PayPal/credit card processing will be handled by Siesta Key Community Inc. 

 

Or mail a check to:

Siesta Key Community Legal Defense Fund

PO Box 35231

Siesta Key, FL 34242

Thank you!  

Note:

  • Contributions are not tax deductible

  • All proceeds go towards the legal defense fund. 

  • No group, association, or organizations has donated towards this lawsuit.  Some donors mistakenly sent donations to defend Siesta Key to other local groups believing it is being forwarded to our efforts.  Please be sure to send your check to the address listed above.  Thanks!

If you prefer to mail your check directly to the lawyers, Send your check to:

 

Martha M. Collins, P.A. Iolta Trust Account

c/o Collins Law Group

777 South Harbour Island Blvd.

Suite 320

Tampa, FL 33602

 

Note: Please be sure to put 'Siesta Key hotel lawsuit' on the memo line of your check.

Why would Sarasota County add more people to a crowded, high risk hurricane zone barrier island?

- To get more tax funds

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Siesta Key is in a Coastal High Hazard zone with just one two-lane evacuation road connecting two bridges (south and north bridge). Siesta has 2.34 square miles of land with over 10,000 housing units.

According to the 2020 Census, the population of Siesta Key is 5,454 which is about 1.5% of the total population of Sarasota County.
​Yet, we generate more than 9% of total Sarasota County ad valorem taxes and we're number one in 2021 in generating Tourist Development (bed) taxes in the County (almost 30%). We are a donor community that provides Sarasota County with more tax dollars than we receive in government services. We are Sarasota County's cash cow!

Yet that does not seem to be enough for Sarasota County Commissioners. Sarasota County is facing a dilemma where all of the newly approved developments especially to the east and southeast are fiscal drains. These new developments which require huge infrastructure improvements do not generate the tax dollars needed to pay for their needs. Increasing millage rates will be unpopular so the County seem to turn to existing revenue streams including the cash cow of Siesta Key to quench its tax thirst. 


​Adding more people to a flood-prone, hurricane-risk barrier island to get more tax dollars seemed to be the reason why the County Commissioners voted for adding mega-hotels to our fragile island. All we ask is for the County to put the safety of the public first and find another source for their tax needs. 

Sarasota County must follow the laws of our Comprehensive Plan

 

After a local government adopts a comprehensive plan in conformity with Florida's Community Planning Act, section 163.3161, Florida Statutes, all actions taken by the local government regarding a development shall be consistent with the comprehensive plan. 163.3194(1)(a), Fla. Stat.

Sarasota County's regulations allowed for the development of 'transient accommodations' (hotels) to have a maximum of 26 units per acre. On October 27th, 2021, the County approved a hotel with 170 units on less than one acre which is not in compliance with our Comprehensive Plan.

In approving the mega-hotel, Sarasota County violated several Goals, Objectives and Policies of our Comprehensive Plan

The following are Goals, Objectives and Policies in the Sarasota County's Comprehensive Plan which MUST be enforced:

  • Future Land Use Policy 1.2.6, to “discourage the intensification of land uses within Hurricane Evacuation Zones A and B…consistent with Future Land Use Policy 2.9.1, and Coastal Objective 1.2 and Policies 1.2.1 – 1.2.5.”

  • Comprehensive Plan Coastal Objective 1.1, “limit public expenditures in the

designated Coastal High-Hazard Area…to necessary public services and not to subsidize new development in this area.”

 

  • Coastal Objective 1.2, to “encourage low density land uses in the Coastal

High-Hazard Area…in order to direct population concentrations away from this area.”

  • Coastal Policy 1.2.1, which requires that the County’s “Land Development

Regulations … shall … be used to limit development on coastal barrier islands and other high-hazard coastal areas to prevent a concentration of population or excessive expenditure of public and private funds.”

  • Coastal Policy 1.2.3, to “encourage hotel/motel development in the storm

evacuation zones category C, D, and E rather than evacuation zones A and B.”  Siesta Key is located in evacuation zone A.

  • Future Land Use Policy 1.2.6, to “discourage the intensification of land uses within Hurricane Evacuation Zones A and B…consistent with Future Land Use Policy 2.9.1, and Coastal Objective 1.2 and Policies 1.2.1 – 1.2.5.”

  • Coastal Objective 1.3, “[t]o protect the public safety during emergency evacuation by reducing or maintaining emergency evacuation clearance time; maintaining an adequate emergency evacuation roadway system; and ensuring adequate shelter space.”

  • Finally, of course, Land Use Policy 2.9.1 provides: Barrier Islands are designated on the Future Land Use Map to recognize existing land use patterns and to provide a basis for hurricane evacuation planning and disaster mitigation efforts. The intensity and density of future development on the Barrier Islands … shall not exceed that allowed by zoning ordinances and regulations existing as of March 13, 1989.

The lawsuit is based on the fact that Sarasota County Commissioners approved mega-hotels with density ranging from 120 units to 170 units per acre in violation of the Comprehensive Plan that limits hotel density to 26 units per acre since March 13, 1989. 

Link to current Comprehensive Plan language that limits density as of March 13, 1989

Link to 1989 Ordinance 89-13 that implements the 1989 Comprehensive Plan

Updates & News Links 

  • Court Hearing on our Motion for Summary Judgement heard on January 6th.

We now wait for the Judge's decision 

  • Motion for Summary Judgement filed!

On December 1st, we filed a motion for Summary Judgement.  See newsletter for details

  • Judge denies Intervenors' (developers') request to expedite Ramirez's court case

On April 25th, the intervenors/developers asked the court to move up the trial date currently scheduled for March 27, 2023.  The Judge denied their request.  For detail information, see the following article from the Sarasota News Leader

Link to article:  Sarasota News Leader, April 28, 2022

  • Siesta resident cite inconsistency with Comprehensive Plan in lawsuit against Sarasota 

​Link to article:  Sarasota News Leader, December 2, 2021

  • Siesta Key Resident Takes Legal Action Against Sarasota County

​Link to article:  Sarasota Magazine, December 1, 2021

  • Lawsuit filed against Sarasota County following high-density hotel approval on Siesta Key

​Link to news:  News Channel 8, November 30, 2021

  • Siesta Key Hotel challenged in court By Sarasota County resident

​Link to article:  Sarasota Herald Tribune, November 29, 2021

  • Siesta resident challenges zoning change for hotel

​Link to news:  SNN, November 29, 2021

The Key Arguments
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Sarasota County must follow the Comprehensive Plan

 

After a local government adopts a comprehensive plan in conformity with the Community Planning Act, section 163.3161, Florida Statutes, all actions taken by the local government regarding a development shall be consistent with the comprehensive plan. 163.3194(1)(a), Fla. Stat.

Sarasota County's regulations allow for the development of 'transient accommodations' (hotels) to have a maximum of 26 units per acre. On October 27th, the County approved a hotel with 170 units on less than one acre which is not in compliance with our Comprehensive Plan.

 
It's about Public Safety

 

The adverse impacts of the increased density on Siesta Key include: risk to health and safety for pedestrians and vehicle drivers due to increased traffic and congestion on local roadways; delays due to increased traffic congestion on local roads; emergency evacuation route delays due to increased traffic congestion; delays of emergency responders due to increased traffic congestion; congestion and overcrowding of beaches, beach parking, and public beach access points...

 
Siesta Key is a barrier island

 

Siesta Key is a low-lying barrier island, with vehicle access only by bridge, which creates special concern regarding hurricane evacuation, storm surge, fragile coastal habitats, and increased coastal erosion.

Siesta Key is within a designated Evacuation Level A on the Sarasota County Evacuation Map. Residents in Evacuation Level A are the first to be evacuated for a category 1 hurricane.

For these reasons, there are laws to prevent increases in density and intensity of development on the barrier islands of Sarasota County including Siesta Key. 

Welcome!
The Siesta Key Community is a corporation created to advocate for the protection of Siesta Key's environment and neighborhoods.  We will provide information and news about Siesta Key for residents and visitors.  Our focus is on the issues important for the protection of our island. We  appreciate our residents and visitors who love our island that have supported our efforts. 
Lourdes Ramirez 2018.jpg
A message from our president,
Lourdes Ramirez

From the moment I stepped on to

Siesta Key's wonderfully soft sand 22 years ago, I knew I had to work to protect it's beauty. 

Since moving here, I've been actively involved in civic organizations and in politics. 

It has been my pleasure devoting time to ensure our Siesta Key community continues to be the best place to live and to spend quality time. I've been so passionate in protecting our way of life that I've spent my personal finances in legal fights against Sarasota County on issues regarding density, illegal rentals and other detrimental government actions.

I will continue to keep our community informed on ongoing issues.  

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Visit Siesta Key

Siesta Key Public Beach

948 Beach Road

Siesta Key, FL 34242

941-861-5000

www.scgov.net/SiestaBeach

 

Turtle Beach

8918 Midnight Pass Road

Siesta Key, FL 34242

941-861-5000

www.scgov.net/Turtle

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