by SC Reporter Emilie Alfino
Once again, the Sanibel Council considered ordinance changes regarding open bodies of water. The goal is to clarify the definition of an open body of water, clarify the delineation of an open body of water, and to review and revise sections of the Sanibel Code related to administering the open body of water standards.
This effort has been ongoing for almost three years.
“Open body of water” calculations are used in:
(1) Calculating density. The area of an open body of water is subtracted from the parcel size before calculating whether a dwelling unit may be assigned to a lot.
(2) Determining maximum impermeable coverage and maximum vegetation removal and developed area. These are calculated as a percentage of the lot area.
(3) Locating structures to ensure they comply with the required 20-foot setback for structures from any open body of water. The exact location (delineation) and size of the open body of water are important factors in determining site constraints.
Councilmember Holly Smith asked if this matter should be deferred until there is a better understanding of stormwater management. (Councilmember Laura DeBruce said the matter should move forward considering how much time it has already taken.) In addition, Smith said the open body of water ordinance drastically reduces the area on which someone can build. She objected to this and said she could not support the proposed ordinance if it included this provision. The change Smith is suggesting would effectively increase the amount of land that could be developed.
City Attorney John Agnew pointed out that making any change that would allow an increase in permitted developed area would require a referendum.
Council voted 4-1, with Smith voting against, to advance the matter to a first reading.