Speakers urge clarity of issues before developments win approval
On July 20, before the Sarasota city commissioners began a discussion of whether they wanted the city’s Planning Department staff to pursue an analysis — and a draft ordinance — in regard to what staff has characterized as “condo hotels” or “apartment hotels,” a Rosemary District resident stressed to them, “I think this is a very big deal.”
A past president of the Downtown Sarasota Condominium Association (DSCA), David Lough urged them to consider the “incredible number of moving parts. … These include zoning definitions, short-term rental rules, residential and attainable housing densities [and] property tax treatment,” among other factors.
“What happens, for example,” Lough continued, “if [an] existing condominium wants to move toward seven-day or less rentals? Does that trigger a new approval process?”
The city’s short-term vacation rental regulations call for a minimum stay of seven days and seven nights, staff has made clear.
“I hope the commission does not rush to write new regulations,” Lough added.
Before a project wins city approval, he emphasized, “The developer, the purchaser, staff and the public all [should] have a reasonably clear understanding of what is being approved.”
As The Sarasota News Leader has reported, the July 20 Agenda Request Formfor the discussion — much of which Brianna Dobbs, the city’s chief planner, read during her opening remarks — explained, “Within the Downtown and Urban Mixed-Use zone districts, hotel and motel uses are not considered residential dwelling units and therefore are not included in the calculation of maximum residential density. By contrast, residential development is subject to the maximum density permitted by the applicable Future Land Use designation and zoning districts unless additional density is obtained through programs such as the Attainable Housing Density Bonus Program or the Historic Preservation Transfer of Development Rights, the TDR Program.”
Yet, Dobbs pointed out, “Recent development proposals have raised questions regarding the distinction between residential dwelling units or motel uses. In several cases,” she continued, “a project has been designed with individually owned condominium units containing residential features such as full kitchens, one- to three-bedroom floor plans, while also proposing centralized management, hotel amenities, and the ability for units to be rented for periods of less than one week. These projects are often considered or referred to condo hotels or apartment hotels.”
Additionally, Dobbs told the commissioners, “The zoning code does not currently define ‘condo hotel’ or ‘apartment hotel,’ creating uncertainty regarding the classification of developments that incorporate characteristics of both residential dwelling units and transient lodging establishments. As currently interpreted, these projects are being classified as hotels or motels and not subject to the residential density limitations, which may allow for developments with residential characteristics to exceed the base density without having to participate in one of the city’s density bonus programs.”
The goal of the agenda item that day, she said, was for the commissioners to decide whether staff should engage in additional research and evaluation of condo hotel and apartment hotel developments, “and whether potential Zoning Code amendments should be considered.”
The need to get ahead of problems
During his comments to the commissioners, Lough of the Rosemary District told them that artificial intelligence could be very helpful to staff in researching the relevant issues, “because you can … see what’s happened in other parts of the country relatively easily.”
He had learned about a condominium building in Miami, he noted, “that’s referred to as ‘Animal House,’ ” an apparent reference to the 1978 movie about a college fraternity house where mayhem reigned.
“The good news,” Lough continued, “is that we’re catching this, I think, relatively early in the gestation [process].”
He also urged the commissioners not to adopt what he called the “drip, drip, drip” method of enacting new regulations, meaning — he indicated — that after an ordinance wins initial approval, it undergoes multiple amendments as other factors subsequently arise.
A second speaker — Sandra Young, a member of the board of directors of the Downtown Sarasota Condominium Association (DSCA) who was speaking just for herself — told the commissioners that she concurred with Lough that “this is the perfect opportunity for us to make a positive impact.”
She asked the commissioners to consider three things as they provided direction to city staff:
- “Clarity, so that we can establish clear definitions on what we mean by these terms, ‘condo hotels,’ ‘apartment hotels,’ from the very start … for everyone involved,” residents, developers and city staff.
- “Ensure consistent review. That is,” Young said, “apply the right zoning and traffic, parking and operations standards, so that each project is evaluated fairly, transparently and based on how it will actually operate.”
- “And, finally, build confidence for the future,” she added. “Put these standards in place before additional projects are approved, creating certainty that supports responsible investment while protecting Sarasota’s unique character.”
Expedite the research and preparation of zoning text amendments
Before the commissioners offered comments, Ryan Chapdelain, general manager of the Planning Department, did stress, “There hasn’t been a discussion or notion to modify the seven days, seven nights” minimum for short-term rentals in the city. … No discussion … whatsoever.”
Vice Mayor Kathy Kelley Ohlrich then launched the board discussion, asking Chapdelain and Dobbs, “So the question is should we direct you to prepare zoning text amendments and other research on this matter, correct?”
“Correct,” Dobbs responded.
“And if we do nothing,” Ohlrich continued, “then what? If we say, ‘No’ [to developers], what would our code currently allow?”
Chapdelain replied that time, explaining that the city Zoning Code “does not regulate hotel units, hotel density. Today, you could go and directly build as many of these condo hotels as you like,” with no relationship to the city’s residential density bonus program for inclusion of attainable housing units.
Reprising Dobbs’ opening statement, Chapdelain added that the code for construction in downtown Sarasota “does not regulate hotel density.”
Summing up what he had said, Ohlrich told him, “It seems pretty wise that we would direct you to [work on new regulations].
And, actually,” she continued, “it would seem wise for us to ask you to expedite [the effort].”
“I agree with the vice mayor,” Commissioner Liz Alpert said. “I think it’s wise for us to look into … what, if anything, should be done,” as well as how other cities are handling the issue.
Alpert concurred, as well, on the need for staff to expedite its work, given the fact that two Sarasota projects had been proposed with shorter rental periods than the seven-day/seven-night minimum in the code. (One of those is the mixed-use Saravela development planned in the Rosemary District. On July 8, it won the city Planning Board’s approval of the design adjustments the project team had sought. City staff is awaiting the team’s responses to technical comments from staff on details of the plans, as noted in the July 17 city Development Services Department’s weekly update on applications.)
“I suspect there’s going to be more [attempts to incorporate shorter-term rental options in condominium complexes],” Alpert continued. Many of the towers in downtown Sarasota, she noted, “are empty half the time,” given the seasonal nature of residents’ living in those dwellings.
Commissioner Jen Ahearn-Koch also asked that the staff work with members of the community, to learn their views of the issue.
Mayor Debbie Trice called for the writing of definitions, noting, “I’m quite confused if a developer wants to come up with a building that’s hotel and condo mixed in together.”
Moreover, Trice pointed out, “We’re running into quite a bit of unhappiness in the neighborhoods where there are vacation rentals proliferating on a street. If you live in a single-family neighborhood, you may not realize that one floor in an apartment building or a condominium is basically the same as a street of single-family homes.”
Trice explained that if half a floor in a condominium tower comprises short-term vacation rental units and the other half is made up of regular residents’ units, “You’re going to have the same kind of problems on that one floor as we’re seeing in single-family-home neighborhoods.”
She told Dobbs and Chapdelain, “So whatever we come up with has to take that into consideration.”
Trice also asked, “What is the city’s responsibility to people who are considering buying condo apartments and want to live on a floor? Do we need to warn them that there’re gonna be short-term rentals on their floor, or that the developer may decide to change the business plan?”