Pre-submittal application for site clearing 4/18/19
DRC site clearing 4_18_19
WRA ENGINEERING, an arm of Benderson, filed a preliminary site clearing application ( Presubmittal Review of Siesta Promenade Application No.: 19-118250-00 PS Site Clearing) and had a hearing before the Development Review Committee. The public is not allowed to speak at these meetings, as it is SRQ dept personnel discussing the application with the applicant. They want to remove trees, septic tanks and the cement pads that the trailers used to be on.
Note: even though there is a lawsuit, Benderson may still do work on their property.
1) In the meeting, there was much discussion that how could this be done, as there isn’t a site plan yet. Somehow, that issue was able to be circumvented, and the same “clearing” will now be done under the guise of “earthmoving.”
2 In addition, per the attached, NO comment was made by transportation to ensure that neighborhood roads would not be utilized for the many truckloads and heavy equipment that will be entering and leaving Benderson’s property.
3) In the notes, no mention of tree protection personnel walking the site with the applicant- identifying the trees that they want kept (as was stated at the meeting.) It is now being left to the applicant.
If you are concerned that this application is not ensuring the proper oversight or providing appropriate neighborhood protections, please email the department representatives listed below:
firstname.lastname@example.org Marquis Bing, Transportation
email@example.com Darren Semones Tree Protection
LandDev@scgov.net Mark Loveridge
Writ of Certiorari, Legal Action filed 1/11/19
A Petition for a Writ of Certiorari was filed on Friday, 1/11/19, with the 12th Circuit Court of Appeal. This Writ of Certiorari is a request for an order of the court to quash and remand the decision for failure to afford procedural due process and failure to comply with essential requirements of law. A link to the Writ will be made once amendments are finalized.
See our Legal Action page for details and information on how you can contribute to the legal expenses.
Board of County Commissioners hearing 12/12/18
The BCC voted 4:1 (with Commissioner Detert in the dissent) to approve the application. The only changes made were to limit two access points in the Pine Shores Neighborhood to right hand turns only. Over 200 Sarasota residents came to the hearing and 90+ signed up to speak. There was official representation in opposition to the project from Pelican Cove, Cedar Cove, The Esplanade, The Landings, Coral Cove, Gulf Gate Association, Siesta Key Association, Siesta Key Condo Council and the interests of the Pine Shores Neighborhood, as well as many individuals.
Planning Commission Meeting 11/15/18 results
Planning Commission outcome- 5-2 in favor of Siesta Promenade, as proposed. No modifications.
There could have been 3 motions- one each: for the rezone (where they could have recommended not zoning the entire property Commercial General and adding Residential Multi-family (which has less density), Critical Area Plan (where they could have recommended less density) and Special Exception for the hotel (where they could have recommended the height be lower).
Instead, 1 motion was made for everything at once. Comm Benson voted no due to height and neighborhood compatibility. Comm Morris voted no due to density.
What’s next? County Commission hearing on 12/12 9am. It is so important that you come to this meeting. The County Commission does not always follow suit with the Planning Commission. You don’t need to speak, especially if someone prior to you has addressed the same topic. Redundancy doesn’t always work in our favor. Having the Commissioners see an overflowing chamber, and having to use additional rooms adjacent to the chambers, speaks volumes. We only had 175-ish people last night. Do not assume that others will go. There are no do-overs! There is ONE meeting left to ensure that our quality of life is not adversely affected by this project.
Please be sure to sign our petition (see the separate tab in the menu section) and share with your neighbors and friends. There is no monetary donation necessary in order to sign.
11/13/18 Attorney Morgan Bentley letter to County Attorney Alan Roddy stating deficiencies in public notices and errors in description.
Siesta Promenade 11.13.18 attorney ltr to Alan Roddy, deficiences in documents
11/6/18 Attorney Morgan Bentley requests continuance due to legislative/quasi-judicial issues
11.06 Ltr to Alan Roddy re Siesta Promenade (1)
10/18/18 Attorney Morgan Bentley has sent another letter to Alan Roddy, County Attorney regarding additional procedural errors that have been made in the filing and advertising of this application. He also reiterates the previous deficiencies outlined in his previous letters.
Siesta Promenade 10_18_18 attorney letter to SRQ Special exception, residential, missing from filing
10/17/18 Transportation Manager, Paula Wiggins’ report of additional daily trips to the Stickney/41 intersection from the proposed Siesta Promenade development.
10/4/18 Attorney Morgan Bentley letter(s) in regard to the hotel (transient accommodations) filed improperly
10/2/18 Morgan Bentley letters to County Attorney, Alan Roddy
Please see the below 2 letters from Morgan Bentley, Esq. in which he addresses the Critical Area Plan (CAP), a potential violation of due process, as well as other pertinent points regarding the Siesta Promenade application. The issue of due process is being raised, as the Planning Department has indicated that they will recommend the public be limited to three minutes IN TOTAL to cover 4 issues that under normal circumstances would have 5 minutes for each item. The reason stated was that the application would be heard in an expeditious manner.
It is an affront to the public to push through the hearing, just so staff and the County Commission will not have to stay late and listen to all the public wishes to express.
There has been NO RESPONSE to Mr. Bentley’s letters.
In today’s Herald Tribune, there is an article regarding the City Commission and the Lido Pavilion hearing. Due to the fact that they don’t want to disenfranchise the public, and want to hear ALL their concerns, the hearing will be moved to a larger venue and will take place on a Saturday. In addition, there is currently a suit against the County by Grand Lakes, listing due process violation as one of their complaints (see attached, page 6).
Press release by Benderson Development. Our rebuttal, also.