by SC Reporter Emilie Alfino
On June 11, 2024, City Council and the Planning Commission convened a joint workshop to discuss possible amendments to the Sanibel Code to assist redevelopment post-disaster. At Tuesday’s Planning Commission meeting, they took up the following discussion items:
(1) Extend the deadline from 24 months to 36 months for re-establishing a nonconforming use or nonconforming structure following a natural disaster.
(2) Modify the process for approval of conditional use permits, allowing some opportunities to expedite some applications by temporarily allowing staff review rather than requiring planning commission approval. (Short-form applications can be approved by the City staff in the Planning Department; a long-form application must go before the Planning Commission).
(3) Modify the process for approval of waivers to lawfully existing nonconforming structures and properties in the three Town Center districts.
(4) Modify the process for approval of certain long-form development permits.
The Commission voted unanimously to extend the deadline in (1) above. A nonconforming use is defined as “a lawfully established use located in a zone district restricted against such use.” Examples of nonconforming uses that are subject to the deadline are: • VIP Cottage (formerly) – 2000 Periwinkle Way (commercial use not in a commercial district) • John Gee Realty – 2807 West Gulf Drive (commercial use not in a commercial district) • Sandbar Restaurant – 2761 West Gulf Drive (commercial use not in a commercial district) • The Mad Hatter Restaurant – 6467 Sanibel Captiva Road (commercial use not in a commercial district – development in the Gulf Beach preservation district). This will go before City Council for a final decision.
A nonconforming structure “means a lawfully constructed building or structure which does not conform to the minimum or maximum requirements for such structure in the zone district in which it is located, including any structure located within a required setback or on a lot or parcel which is developed in excess of permitted impermeable surface coverage, developed area, residential density, or commercial floor area.” Many commercial buildings constructed prior to incorporation of the city are nonconforming structures. Examples of nonconforming structures: • Chevron Station – 1067 Bailey Road • Lazy Flamingo (east end) – 1036 Periwinkle Way • Lazy Flamingo/Sunset Grille – 6520 Pine Avenue • Duplexes not in conformance with density – various locations.
Item (2), conditional use permits (CUPs) was also approved but by a vote of 5-2 with Lyman Welch and Kate Sergeant opposed, and with several changes.
A conditional use is defined as “a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or
operation of such use, as contained in the zoning ordinance, and only upon the issuance of an authorization therefor by the Planning Commission.”
Two types of conditional uses were identified to be considered for staff review, based on the number of applications received and the potential impacts of the type of use. The following changes are being considered:
Two conditional use application types would temporarily be approved as short-form applications (i.e. staff review only). This allowance would automatically sunset in one year, with the ability to be extended by council by resolution. For:
o Eating places, restaurants, and grocery stores – this is a common type of conditional use permit.
o Formula retail – This was removed from consideration when the Commissioners voted. Formula retail in all of the city’s commercial districts combined must not exceed 60,000 square feet. The formula retail inventory is in the process of being updated. The inventory pre-storm showed approximately 49,900 square feet of formula retail in the commercial districts; post-storm the square footage has undoubtedly decreased.
As stated above, the formula retail portion was excluded, and a provision was added to allow staff to add conditions for approval, in their discretion. “I do feel there’s a need for additional scrutiny of formula retail, and that it should require long-form applications,” Commission Chair Roger Grogman said.
Commissioner Kate Sergeant objected to any use of short-form applications for CUPs. “We have to be very careful of unintended consequences,” she said. “Even though [the provision] sunsets, we need to keep our eye on formula retail. The only way we can keep our finger on the pulse is through long-form.”
This, too, will go before City Council for a final decision.
In (3) above, the Commission was considering an ordinance amending the Code of Ordinances to modify the process for approval of waivers to lawfully existing nonconforming structures and properties in the General, Town Center General, and Town Center Limited Commercial Districts. This was unanimously approved with a slight change – change the word “approved” to “accepted” relating to the deadline. City Council will have to give its final approval.
The waiver process was established in 2015, recognizing the importance of encouraging reinvestment in nonconforming commercial properties to reinvigorate the commercial districts. There are five types of waivers that nonconforming commercial properties can apply for as well as standards for review. 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. The proposal provides that waiver applications could be approved by planning staff for a limited period of time. All the standards of review would still apply. This allowance would automatically sunset in one year, with the ability to be extended by council by resolution.
Item (4) – the process for approval for certain long-form development permits for the purpose of land development code regulations – was also approved 7-0 by the Commission, with the same change from “approved” to “accepted.” The measure would temporarily allow staff review rather than requiring Planning Commission approval.
It is proposed that three types of long-from development permits temporarily call for staff review and approval rather than requiring Planning Commission 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 disaster within the three-dimensional outline of the lawfully existing habitable area of the pre-disaster building, but the footprint of the lawfully existing pre-disaster building is moved in a manner that reduces the pre-disaster building’s encroachment into the Gulf Beach Zone.
All of these proposals came out of the June 11, 2024, joint workshop with the City Council and Planning Commission. The Planning Commission actions at its July 23 meeting will have to be reviewed by City Council.
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