Council Discusses Amending Mixed-Use Ordinance for BMRH

by SC Reporter Emilie Alfino

Sanibel City Council held a second reading and public hearing regarding amending the code of ordinances relating to mixed-use development to provide incentives to create housing opportunities for the Sanibel workforce and to streamline the permit processes for such developments.

Mixed-use development means development of commercial or institutional uses as the primary use in combination with residential use as a secondary use on a common parcel or unified development.

The Below Market Rate Housing Subcommittee of the Planning Commission recommended staff review mixed use development regulations to promote opportunities for workforce housing. The Commission found that existing conditions require a majority of Sanibel’s labor force to commute by car, contributing to an auto-urban character that shall be avoided pursuant to the Vision Statement of the Sanibel Plan. The Planning Commission further found the incentive to provide affordable housing at mixed-use developments will advance the city’s vision by increasing social and economic diversity.

As it stands now, explained Craig Chandler of the Planning Department, for every unit of commercial space there would be a 1,000-square-foot reduction in allowable floor area – meaning the owner can do less in terms of commercial activity. There are also limited opportunities to re-develop.

“We wanted to make it a little more palatable for commercial businesses to consider mixed use, whether it be related to Below Market Rate Housing or not,” Chandler said. If a unit is dedicated to BMRH and is approved, that 1,000-square-foot reduction requirement would not apply. “This has a direct benefit to Below Market Rate Housing,” Chandler stated.

A big take away from this change is that mixed-use development will no longer require a conditional use permit. Therefore, the application will not need to go before the Planning Commission. This streamlines the permit process, reduces fees, and reduces processing time. This is advantageous for employee housing, intern housing, and pastor quarters. It could be pertinent for SCCF, the Shell Museum, and CROW as well.

This ordinance also reduces the requirement for parking spaces at these residences.

Finally, the bonus floor area ratio hopefully will motivate developers to undertake mixed-use projects, according to Chandler. This applies only in the Town Center districts. If the maximum number of units are constructed and all are dedicated to BMRH, then the property would qualify for bonus floor area ratio of 25 percent of the lot size. Currently, the standard is 12%. This presents an opportunity for increased commercial floor area if there is BMRH on the property.

The Planning Commission held a legally and properly advertised public hearing on February 28, 2023, on specific proposed Amendments to the Land Development Code. The Planning Commission heard and considered comments and recommendations from the Planning Department Staff and public and found the proposed amendments to the Land Development Code to be consistent with the Sanibel Plan. The Planning Commission recommended by a vote of 7 to 0 that the City Council adopt said amendments in the form of an ordinance, which City Council did unanimously, with Mayor Johnson recusing himself.

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