Joint Workshop Considers Density Transfer Program

by SC Reporter Emilie Alfino

In July 2025, the Sanibel City Council discussed the possibility of creating a transfer of development rights (TDR) program, which would provide a framework for selling units of density from one property to another.

It was the sole item on the agenda for the joint Council and Planning Commission workshop on Tuesday, September 9, 2025.

An example of how the TDR program would work is: The Sanibel Plan allows Property A to have six density units, but it only uses four density units. Property A can then sell its two unused density units to Property B.

A key issue, however, is whether you’re considering density in the aggregate; that is, considering the entire island’s density allowance, or whether you’re considering density on a parcel-by-parcel basis.

A second key issue is whether such a program would require a referendum.

City Attorney John Agnew said, to the extent you are seeking to transfer density units and it would increase the density of that parcel, you could design such a program, but it would require a referendum.

Agnew wrote that the reality is that nearly all parcels that might receive a transfer of density rights would then be nonconforming to the Sanibel Plan, as they would have density greater than that permitted by the Sanibel Plan. That would necessitate a referendum.

Agnew continued, “This opinion is consistent with the interpretation of Planning Director Paula McMichael and the interpretation of legislative intent offered in public meetings by Planning Commissioner Larry Schopp, one of the drafters of Sanibel Charter Section 3.10.2. It is also consistent with the opinion shared by my predecessor, Ken Cuyler, at a joint City Council and Planning Commission workshop meeting on January 15, 2008.”

Although the Council did not reach a consensus on how to proceed, they made some suggestions, which were given to City staff for further work. After that, it will be sent back to the City Council, then to the Planning Commission, and then returned to the City Council for a first reading.

Planning Commissioner Ken Colter

Planning Commissioner Lyman Chip Welch

Planning Commissioners Tiffany Burns, left, and Larry Schopp

Vice Mayor Holly Smith, left, and Planning Commission Vice Chair Erika Steiner

Mayor Mike Miller, left, and Planning Commission Chair Paul Nichols

The Sanibel City Council and Planning Commissioners gathered on Monday, Sept. 8, at MacKenzie Hall for a joint workshop to discuss a transfer of development rights program (TDR).