by SC Reporter Emilie Alfino
City Council at its Aug. 20 meeting heard the first readings of a variety of ordinances stemming from the joint City Council/Planning Commission workshop on June 11, which all were then scheduled for second readings and public hearings at Council’s next meeting on Monday, Sept. 9, 2024, at 9:10 a.m.
• E-Bikes and Shared-Use Path Speed Limits. City Council previously approved a motion to include in an ordinance bicycle speed limits for the shared-use path. The ordinance authorizes and directs the City Manager to establish speed limits on shared-use paths no greater than 20 mph. Diagrams illustrating the proposed speed limits for Sanibel’s bicycle path system and speed limit pavement markings/signs, are available via the link here.
• Conditional Use Permits. At the workshop, there was discussion whether there could be opportunities to expedite some applications by temporarily allowing staff review rather than requiring Planning Commission approval. The draft ordinance includes the following changes:
◦ (1) Allow approval of “Eating places, restaurants, grocery stores, etc.” as short-form applications (i.e. staff review only). This allowance would automatically be sunset in one year, with the ability to be amended or extended by Council via ordinance.
◦ (2) Provide an exemption for businesses that have been in existence since the city’s incorporation from obtaining otherwise required conditional use permits if re-establishing in the same location, if the need arises from redevelopment post-disaster.
◦ (3) Amends the general requirements for conditional use applications to presume that conditional uses have no greater traffic impacts than permitted uses.
• Nonconforming Uses. The deadline for re-establishing a nonconforming use post-disaster would be extended from 12 to 36 months (it was extended to 24 months in the interim) where a state of local emergency exists beyond six months. Post Hurricane Ian, staff has calculated the deadline from the time the permit moratorium was lifted on December 15, 2022, rather than the date of the disaster, so the proposed change would extend the deadline from December 15, 2024, to December 15, 2025.
• Long-form Applications. Council and Planning Commission questioned whether there were opportunities to expedite some applications by temporarily allowing staff review rather than requiring Planning Commission approval. Long-form development permit was one type of application discussed. Staff has proposed three types of long-from development permits for staff review and approval:
◦ (1) All applications for development which require a variance or waiver.
◦ (2) All applications for development requiring conditional use permits.
◦ (3) Building back either a nonconforming structure or a nonconforming use within a nonconforming structure which has been destroyed or substantially damaged by a natural. Variances would still be heard and approved by the Planning Commission; however, any implementing development permit could be approved by staff.
• Waivers. Are there opportunities to expedite some applications by temporarily allowing staff review rather than requiring planning commission approval? Waivers was one type of application discussed. The waiver process was established in 2015, recognizing the importance of encouraging reinvestment in nonconforming commercial properties as a means to reinvigorate the commercial districts. The five types of waivers are:
◦ (1) The design specifications for off-street parking spaces and loading areas;
◦ (2) The installation, location, numbers, types, size and variety specified for commercial vegetation buffers and landscaping;
◦ (3) Modifications and improvements to lawfully existing nonconforming parcels of land, buildings or structures, (including the roof or other architectural features of such buildings or structures), that are situated within the minimum front, side or rear yard setbacks for the commercial districts;
◦ (4) The maximum allowed land area to be either covered with impermeable surfaces or developed for a specific use or cleared of vegetation for nonconforming properties located within the commercial districts; and
◦ (5) Increase in the number of ingress/egress driveways access to any of the commercially zoned properties that will enhance safety and traffic circulation.
• Parking Standards. City staff presented three primary issues this amendment seeks to address.
◦ (1) Minimum off-street parking requirements add cost and time to permitting; and are especially impactful to smaller properties with less area for additional spaces.
◦ (2) Over-precision of parking requirements by land use increases change of use permit requirements and associated fees (change to use with different standards).
◦ (3) Shared parking is encouraged by existing policy, but few properties have implemented such plans.
If passed, the new ordinance would delete specific minimum parking requirements for permitted uses, eliminating a major obstacle for smaller properties to achieve code compliance via redevelopment.
• Resort Housing District Height Limitations. In summary: Of four-story condos, all 10 are being repaired (not substantially damaged); of three-story condos, two are being built back, one has not submitted for permits, and 51 are being repaired (not substantially damaged). None of the three-story condos have requested to “redevelop” post-storm, which is the only scenario that requires compliance with the height limits. Four-story condos cannot “redevelop” at four stories and are limited to “build back” if substantially damaged. There are three different scenarios for damaged properties post-storm. (1) Repair – available for buildings that have not received substantial damage (50 percent rule) – no resulting change in height. (2) Build back – for nonconforming buildings that were substantially damaged or destroyed – can build back exactly what lawfully existed at the time of the disaster in the same footprint, but to current building codes, including to required base flood elevations. Build back is not evaluated for compliance with height limit. (3) Redevelopment – for buildings (excluding four-story buildings) substantially damaged or destroyed or for voluntary redevelopment. Height may be increased but must meet height limits in the code. Again, redevelopment is the only scenario that requires compliance with the height limitations, and staff has not received any applications for redevelopment of a three-story building in the resort housing district post-storm. The recent amendments that increased permitted heights for residential and institutional properties resulted in, on average, an additional five feet in permitted height. Based on further public input, staff has also included an amendment that would provide an exception to the height limitation for an elevator overrun if it is providing ADA compliant access to a resort housing rooftop recreational facility. The Planning Commission previously voted to recommend approval of the draft ordinance with the revision that the maximum permitted height be raised from 35 feet above base flood elevation to 37 feet above base flood elevation.
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