by SC Reporter Emilie Alfino
Defining “open body of water” is an important aspect of land development on Sanibel because the presence and size of an open body of water within a parcel may affect the development intensity (i.e., number of allowed dwelling units) and site design (i.e., setbacks and developed area). The definition is something the Planning Commission has been struggling with since June of 2022.
The Sanibel Code subtracts the area of an open body of water from the parcel size for lots within modern platted subdivisions before calculating whether a dwelling unit may be assigned to a lot based upon the development intensity allocated in the Sanibel Plan.
The location and size of open bodies of water are important factors in the site design process to ensure the general conditions standards are met based upon the Ecological Zone and the 20-foot setback for structures from any open body of water.
General conditions standards include maximum impervious cover, and maximum vegetation removal and developed area, as a percentage of the lot area. Lot area is defined as “the total area included within the lot lines, excluding roads, rights-of-way, and open bodies of water” (Sanibel Code Section 78-1). Therefore, how an open body of water is determined affects whether a lot is developable and to what extent. Amending the definition to clarify how to identify the limits of an open body of water will provide a consistent, quantitative application of the Sanibel Code.
The proposed amendments do not change what property owners, potential buyers of property, or developers have had to evaluate on a property. This amendment provides clarification on the process of identifying an open body of water on a property and provides administrative approval of impacts to open bodies of water or reducing the open body of water setback when certain standards are met.
The presence of an open body of water may affect the site design when developing the property, so it is important to know how to identify where an open body of water is located.
“This is the most complicated thing I have ever heard,” said Commissioner Ken Colter. “A potential buyer will not know what they can and cannot do. The whole thing is just too complicated for people’s property rights. It doesn’t make a darn bit of sense to me.”
The resolution passed 5-1 with Colter opposed. It now goes to City Council for approval.
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