by SC Reporter Emilie Alfino
The Sanibel Planning Commission at its March 4, 2025, meeting reviewed and discussed four initiatives from the Joint Workshop with City Council on February 18.
They are (1) additional height exceptions for build back; (2) developed area/fill/predevelopment grade regulations and policy; (3) reinstating administrative or short-form review of conditional use permits for eating places, restaurants, grocery stores, etc.; and (4) making all conditional use permits short-form through December 31, 2025, except those that require City Council approval.
Additional Height Exceptions. After much discussion, the Planning Commission voted unanimously to instruct Planning Department staff to come back to the Commission’s next meeting on March 25 with a draft resolution with language that will provide an additional exception to height limitations for resiliency and for parking under a principal structure to allow the height of the lowest habitable floor, up to a height of 10 feet above existing grade and exceed the height limitations established by code proportionally without deviation or variance approval.
Developed Area/Fill/Predevelopment Grade Regulations and Policy. An issue that has long been somewhat contentious seems to be on its way to resolution with the recommendations of the Planning Department staff regarding developed area/fill/predevelopment grade regulations and policy. The Commission voted unanimously for staff to bring back to its next meeting language that will amend the Sanibel Code to directly limit fill consistent with the Sanibel Plan, the Florida Building Code, and federal floodplain management policies. This would change the existing policy, which is based on predevelopment grade, to allow up to 24 inches of fill around the house and above the average grade of the lot. This fill would not count towards developed area. Additionally, the definition of predevelopment grade will no longer reference the elevation of the crown of adjacent roadways. These changes were suggested by builders and supported in particular by Planning Commissioner Ken Colter. “This was a long time coming,” Colter said. “This was important for resiliency. We have been talking about it for a year and a half. I can’t say enough about it.”
Reinstate Short-Form Review of Conditional Use Permit Applications for “Eating Places, Restaurants, Grocery Stores, etc.” In September of last year, City Council adopted an ordinance that would authorize processing of conditional use permits for eating places, restaurants, grocery stores, etc. as a short-form application with a sunset provision effective December 31, 2024, and added a means to appeal. Planning Department staff recommended extending the sunset provision to an effective date of December 31, 2025. Staff also recommended a public notice provision in lieu of appeals, which provides notice of the filing of the application will be mailed to property owners of any lands abutting or within 300 feet of the site at least 14 days prior to the issuance of the development permit. If a member of the public provides comment in opposition to such a permit application, the Planning Department shall refer the application to the Planning Commission for a public hearing. There was public comment suggesting that in addition to the notice to property owners, notice be given via Sanibel’s Public Information system, and the Planning Department will take that under advisement. By a 6-1 vote, with Commissioner Lyman Welch against, the Commission voted to have the Planning Department staff bring back a draft resolution for consideration at the next meeting.
Conditional Use Permits as Short-Form Applications. Also growing out of a Joint Workshop with City Council and Planning Commission was a desire to expedite permit processing for certain applications. The Planning Department staff offered a recommendation to authorize short-form applications for all conditional uses with a sunset provision effective on December 31, 2025, except for five conditional uses that remain under the authorization of City Council. The same provision for public notice applies as well as the condition that if a member of the public provides comment in opposition to the permit application, it will be referred to the Planning Commission for a public hearing. The Planning Commission unanimously voted to move forward, but not in every instance. They approved only: (a) docks, boat davits, boat lifts, and mooring pilings; (b) alternative shoreline stabilization projects; (c) formula retail stores; and (d) seawalls as accessory structures waterward of existing seawall. The reason to approve just these four instances was that, “The Planning Commission plays an important role,” according to Commissioner Welch. “This would be abdicating too much of our responsibility as a Planning Commission,” said Commissioner Kate Sergeant. “Conditional use permits are such an important” part of what the Planning Commission does.
The next Planning Commission meeting is Tuesday, March 25, 2025, at BIG ARTS.
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