Preliminary construction work underway on property
Almost five years ago, as Siesta Key businessman Dave Balot was working on plans for a hotel on the former site of a Wells Fargo Bank on the barrier island’s Midnight Pass Road, county staff reviewing his application realized that a Grand Tree stood on the parcel.
In accord with the county’s Environmental Permitting Division regulations at that time, developments were to be designed to avoid impacts to Grand Trees.
(Subsequently, a vote of the County Commission made it easier for project teams to remove trees whose locations hindered developments.)
Therefore, Balot proceeded to have his hotel plans modified to accommodate the Grand Oak. Instead of the 100 rooms he initially had proposed, he sought an extra 10 feet of height, so another floor with about 15 to 30 rooms could be added.
By the time the revision was complete, the project called for a room count of 112 in the five-story structure, which will have 315 parking spaces on the first and second floors.
Ultimately, in late October 2022, Balot won unanimous County Commission approval for the initiative, even though litigation remained underway over two high-rise hotels on Siesta Key that the board members had approved in 2021.
Then-Commissioner Nancy Detert, who had voted against those other projects, made the motion on Oct. 26, 2022 to approve Balot’s application for two Special Exceptions to make the hotel possible as designed for his 2.15-acre parcel located at 5810 Midnight Pass Road. One of those allowed hotel and motel rooms to be built on the property, while the second enabled Balot to achieve a maximum structure height of 59 feet.
After Siesta Key resident Lourdes Ramirez won her 12th Judicial Circuit Court complaint over the high-rise hotels, the commissioners voted 4-1 in November 2024 to allow Balot to proceed with his project. That followed separate litigation that Balot himself had initiated.
In ruling for Balot in the latter case, 12th Judicial Circuit Judge Hunter W. Carroll made it clear that Balot could not deviate from the Binding Development Concept Plan that the commissioners approved in October 2022. That plan included the building adjustments for the Grand Oak.
On May 21, The Sarasota News Leader learned from a review of emails in the County Commission’s folder, Michele Norton, assistant director of the county’s Planning and Development Services Department, notified Assistant County Administrator Brad Johnson that both the necessary Site and Development permit and the Building permit had been issued to Balot. The date for the latter action was May 7, Norton wrote.
“A Land Development Inspector met with the contractor … and developer on May 15 to discuss the sequence of events for the startup so there is no confusion,” Norton continued. “They have an Issued Tree Permit so they should be good to start the silt fence and tree protection installation.”
In a June 8 email to the News Leader, Balot wrote, “The contractor has started site work and is currently drilling test piles. Assuming the test piles perform as expected, full construction activity should begin later this month.”
Yet, this week, the News Leader also learned from Balot that he has applied to county staff for a permit to remove the Grand Oak.
In his June 8 email, he stressed, “When The Hotel Siesta was approved, it was absolutely my intention to preserve that tree. In fact, I publicly stated that I intended to preserve it, and the approved plans were designed around doing exactly that. If circumstances had not changed, I would still be trying to save it today.
“Unfortunately,” he continued, “circumstances did change.”
The hurricanes’ effects
Then Balot explained, “[T]he property took a tremendous amount of flooding, wind, and saltwater intrusion from the recent hurricanes. Nearly every oak tree on the property was severely impacted. While many of those trees were always planned for removal as part of the approved development, by the time construction began they were already dead or beyond recovery. The Grand Oak and the two larger oaks near the perimeter of the property were essentially trying their best to survive, but the storms clearly took a significant toll.”
He further noted, “Last year, a neighboring condominium association took it upon themselves to send their arborist over to my property to evaluate the tree, which by then was already showing obvious signs of significant decline. That arborist informed me that the tree was dying and, in all probability, would need to be removed. Frankly, I wasn’t going to rely on a single opinion, so I had a second arborist evaluate the tree as well. He reached essentially the same conclusion. Both reports were submitted with my permit application.”
“At the same time,” Balot pointed out, “I was working with Sarasota County Public Utilities regarding sewer service for the project. During those discussions, one option that was presented was the construction of a new lift station and related utility infrastructure on the property.
“After evaluating the alternatives,” he added, “I agreed to pursue that option because it not only serves the hotel, but also replaces aging infrastructure and improves capacity and reliability for neighboring properties as well.”
However, he also explained, “The problem is that once the engineers, utility staff, and design professionals started laying everything out, it became apparent that the lift station, utility infrastructure, required maintenance access, and the Grand Oak all wanted to occupy the same piece of real estate. Because the project is governed by a previously approved Binding Development Concept Plan, there is very little flexibility to simply move things around. The building, parking, access points, and circulation system are already approved and substantially fixed. After months of meetings and evaluating alternatives, no one could identify a practical way to both preserve the tree and accommodate the infrastructure improvements.
“So I was ultimately left with a choice,” Balot continued: “I could continue trying to save a tree that two independent arborists believe is already in significant decline and unlikely to survive, or I could move forward with utility improvements that benefit not only the hotel but surrounding properties as well. That is not a choice I expected to have to make when the project was approved, but it is the reality today.”
Balot acknowledged, “I know there will be people who disagree with that decision. That’s their right. Reasonable people can disagree about development, growth, and even this project itself.”
In a follow-up email exchange with the News Leader on June 8, Balot said he already had received the necessary county permit to remove the other trees. Thus, he and his project team formally are seeking an amendment to that permit to include the Grand Oak.
In his cover letter with the tree removal permit application, dated June 3, Balot included facts related to his discussions with Public Utilities staff members. He noted that they had advised him “that the lift station must remain accessible for operation, maintenance, emergency response, and equipment replacement by County personnel and service vehicles, including a 42-foot service truck. The required access and maneuvering area directly conflicts with the location of the Grand Oak and its root protection area. Installation of the associated utility infrastructure will also require root disturbance that both consulting arborists have concluded the tree is unlikely to withstand.”
He further noted, “Based upon recommendations from both consulting arborists, replacement plantings should consist primarily of native and salt-tolerant palm species due to the property’s proximity to the Gulf and the likelihood of future saltwater intrusion. We remain willing to work with County staff regarding species selection, quantity, and placement of replacement plantings.”
The arborists’ reports
As shown in documents that Balot sent the News Leader, both Conceptually Green Landscape & Arboriculture Consultation and Green Topps Tree Service & Landscaping analyzed the Grand Oak that was to have stood at the front of the hotel.
Writing for Green Topps, certified arborist Brendan Duffey of Venice pointed out that the tree is about 60 feet tall, and it has a diameter at breast height — the measurement used to determine whether a tree meets the “grand” standard — of approximately 42 inches.
Duffey continued, “The tree was observed from the ground without the use of diagnostic tools. The inspection included visual observation of the root collar, trunk, scaffold branches, and crown condition.” He provided the following descriptions:
- “General Health: Poor — the tree has visible signs of stress, and the tree presents a slight lean of approximately 10 degrees.
- “Crown Condition: Sparse with signs of tip dieback in branch leaders, possible root structure damage after recent hurricanes. The tree currently has about 10 percent of its foliage.”
- “Trunk Condition: The tree has a co-dominant structure with two primary branch leaders. This union has a visible split in the bark … Multiple large recent pruning wounds are present within the first 15 ft of the trunk; this pruning was performed for crown restoration after the recent hurricanes.
- “Root Zone: Surface roots exposed with visible aged wounds from the lawnmower. The root structure is slightly more exposed on the north side of the tree, indicating that the tree has begun to lean toward the roadway and pedestrian walkway.
- “Target Area: Utility Power Lines, Roadway, Pedestrian Walkway.”
Duffey offered the following statement in his conclusion: “The north side of the crown appears to be failing at a higher rate than the south side of the tree.” He added, “In my professional opinion, fifty percent of the crown will fail in the next three to five years. Furthermore, I believe the entire tree will likely fail within the next ten to fifteen years, given the previous stress from the hurricanes and recovery pruning completed after the hurricanes. The new parking lot site plan construction will also further stress and cause the tree to decline due to the placement of roadways.”
In the Conceptually Green report, Pete Dunnington wrote, “Following an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices — Tree Risk Assessment, Second Edition (2017), it is my determination, as an Arborist certified by the International Society of Arboriculture, that the subject tree poses an unacceptable risk to persons and property. It is further my determination, based on my onsite assessment, that removal is the only means of practically mitigating the risks posed by the tree …”
Beneath a photo of the Grand Oak that would have stood in front of the hotel, Dunnington explained, “Live oak in center of property is compromised and has a very thin canopy which I believe is caused by the excess saltwater intrusion. Once construction on property is started it will further put the tree into a more severe decline.”