by SC Reporter Emilie Alfino
The Land Development Code Review Subcommittee of the Planning Commission met Tuesday to consider three things: Open body of water, parking standards, and height limitations in the Resort Housing District.
Identifying location and extent of an open body of water is an important aspect of land development on Sanibel. It affects development intensity in that it must be subtracted from the parcel site before calculating the number of dwelling units allowed, and it affects site design because of the required 20-foot setback and the fact that it must be subtracted from parcel size before calculating the maximum impermeable cover and maximum vegetation removal and developed area.
An open body of water is defined as any natural or artificial area that is inundated with water at least three months of an average calendar year. Such bodies include but are not limited to lakes, ponds, rivers, creeks, marshes, sloughs, ditches, canals, bays, inlets, lagoons, swamps, bayous, cuts, gulfs, and retention ponds.
Principal Planner Kim Ruiz explained that there is now newer – and daily – data for measuring. “We now have 2005-2017 USGS data monitoring data as well as a 2018 LiDar Online Tool. It’s a much stronger tool base to work with.”
Measurements are based on water levels for August through October.
Commissioner Ken Colter said he is very, very concerned with personal property rights. “There are things way more important to me than these last few residential lots. Whatever you want to call it, it’s a wetland. The science didn’t apply to the 500 people who already built, but it’s going to apply to the few who are left. It’s like ‘Let’s make the last two pay.’”
Attorney John Agnew clarified, “That rule has been in place for a long time, decades. The standard isn’t being changed. It’s been brought to a head to a greater degree whether the lots were less agreeable to begin with or have become less desirable.”
“I disagree that the science has always been there. Maybe it has been, but we haven’t used it,” Colter added.
Ultimately, the recommendation was for additional review of data by staff and for staff to revise amendments based upon the additional analysis of groundwater elevations and comparison on natural versus human-made open bodies of water. Revised amendments will be presented to the Land Development Code Review Subcommittee in August for discussion.
A motion to that effect was passed unanimously, with Kate Sargent absent.
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