ST. PETE BEACH, Fla. — After a more than 10-hour meeting regarding the future of the Sirata Beach Resort ended without a vote last week, St. Pete Beach City Commissioners will return Tuesday night to continue their deliberations.

After nine hours of presentations from Sirata’s owners and development team Columbia Sussex, traffic experts and public comment, an attorney for the resort told commissioners if their plan doesn’t get approved they will move forward with a mixed-use development under the Live Local Act.

“The Live Local Act from an economic standpoint makes the second most sense,” attorney Elise Batsel told the commission. “That is not Plan A and that is not what they want to do, but it’s important to understand the effect of your vote on what will go there if this isn’t approved.”

Batsel explained to commissioners that under the Live Local Act, they would modify their resort plans to adhere to state rules and become a mixed-use development with 65% residential and workforce housing.

“What the law says is if it’s a qualifying project that the local government must administratively approve the project,” she told commissioners. “That means no city commission meetings and rezoning required.”

City commissioners adjourned and city staff agreed to do more research on the Live Local Act before reconvening Tuesday night, Feb. 27.

Columbia Sussex first submitted plans last spring to update the existing Sirata hotel and pool, and construct a 290-room J.W. Marriott Hotel on the north side of the property and a 130-room Hampton Inn on the south side of the 13-acre property.

A formal vote by the St. Pete Beach City Commission hit delays after four of the five city commissioners stepped down late last year due to changes in financial disclosure requirements. Four newly appointed commissioners, along with the standing mayor, had to almost restart the proposal and approval process earlier this year to accommodate the change in leadership. 

Real Estate Attorney Charles Gallagher says in some Florida communities, the Live Local Act has become a fast-pass for developers who want to preempt home rule. The act also provides significant tax credits for the developers.

“This has not been in place a whole long time but you do have occurrences in South Florida and some spots in Central Florida where cities and counties are alleging that developers are misusing the act,” he said. “There really is no compliance mechanism when it comes to keeping up with affordable housing. So yes, they have a requirement for that, but enforcement isn’t mentioned in the act at all.”

Gallagher says Columbia Sussex is within their legal right to use the state rule in this way, but some cities are working to enact local ordinances to keep similar situations from happening. He says Winter Park, Bal Harbor and Tampa are working to pass ordinances to combat the effect of the Live Local Act. Gallagher says Pasco County is threatening litigation.

“I think you see a bit of the weaponizing of the act,” he said. “I think you see developers become emboldened and if they don’t get what they want through the traditional vehicle of applications and approvals they have a Plan B.”

Tuesday night’s meeting is set to resume with commissioner discussion and is not anticipated to include public comment or presentations, as that part of the hearing has already concluded.