City council discusses permit deadline, hears of police rangers
The Sanibel City Council provided direction on the “build back” provisions for nonconforming uses and structures at its recent meeting, as well as received an update on the Sanibel Rangers program.
On May 6, Planning Department Director Paula McMichael provided the council with an overview of the reestablishment or build back provisions for nonconforming uses — uses that were lawful when established but are no longer permitted within their zone — and nonconforming structures — structures that were lawful when constructed but no longer comply with the required development standards.
The current Code allows nonconforming uses and structures to be built back if destroyed by a natural disaster and it provides a deadline of three years if the state of local emergency exceeds six months.
Post-Hurricane Ian, the deadline is Dec. 15. A building permit application for reestablishment must be submitted by the deadline, and it expires after six months if there has been no activity or inspections.
She reported that in February, the city received two emails about further extending the deadline to reestablish a nonconforming use for the Gulf Beach Condominium on East Gulf Drive. Damaged in the storm, it is a multifamily building that must be demolished in a district where the use is prohibited.
A demolition permit was issued in 2023, but the building remains and the property is for sale.
McMichael continued that staff identified 52 properties with nonconforming uses and/or structures, with most developed as commercial or resort housing. Of those, about 65% received permits and have been repaired or redeveloped. Of those without permits, about 40% were identified as dangerous or distressed properties. For nonconforming uses, staff identified six properties where the buildings have been demolished, but no permits have been applied for. Of properties that have been identified by staff as distressed or dangerous, nine have also been identified as either nonconforming structures or uses.
Staff offered a handful of options to resolve the Gulf Beach issue:
– Extend the deadline for all nonconforming uses and structures for an additional 12 months.
– Extend the deadline for nonconforming uses only (not nonconforming structures) for an additional 12 months.
– Create an exception in the D-2 Upland Wetlands Ecological Zone to allow the use of “multifamily building” on two existing nonconforming use properties, Gulf Beach and the Sandpiper Beach Condo. on Olde Middle Gulf Drive — the only other instance staff found of a similar situation in the district
– Amend Chapter 82 to allow a property owner to petition council to extend the deadline for “build back” of a nonconforming use on a case-by-case basis.
– No changes or extensions; allow post-disaster “build back” to expire on Dec. 15.
After some discussion and questions for staff, the council directed staff to extend the deadline for all nonconforming uses and structures for another year and to create an exception in the D-2 Upland Wetlands Ecological Zone to allow the use of “multifamily building” for Gulf Beach and Sandpiper.
SANIBEL RANGERS
Also during the meeting, Sanibel Police Department Police Chief William Dalton provided council with an update on the Sanibel Rangers program, which was implemented earlier this year with the goal of gaining user compliance on the Shared Use Path (SUP) through both education and enforcement.
He reported that there are three full-time Rangers, with plans to hire five in total.
They patrol the SUP on e-bikes and on foot at Blind Pass, the boat ramp, Bowman’s Beach, Causeway Beach, Gulfside City Park, Lighthouse Beach, Trost and Turner Beach. Also serving in the role of city ambassadors, the Rangers engage with the public and answer a range of questions related to e-bike education, post-storm recovery efforts, wildlife, shells, local history, payment assistance for the parks and restaurant locations. In terms of enforcement, they issue citations for SUP and park violations.
Dalton provided the Ranger’s monthly observations and interactions for January through March.
Some of the highlights from his presentation included:
– At this time, the Rangers have focused on “class-checking” e-bikes, which is seen as policing the device itself — rather than enforcing speed limits and addressing reckless aggressive behavior, both of which are essential for courteous riding and the safe integration of micromobility devices on the SUP.
– Attempts to objectively identify e-bikes by class by spotting classification stickers have been ineffective. The stickers are often too small, blended into the paint or missing. As a result, engagement relied on guessing a bike’s class, then asking riders to self identify — which many could not do.
– Engaging with riders and managing stops presents ongoing operational challenges. The Rangers frequently observe e-bikers avoiding interactions by using business parking lots as shortcuts.
“Despite this, the Rangers’ presence throughout Sanibel Island provides invaluable benefits to the community,” Dalton reported. “Their willingness to answer questions and offer assistance enhances the experience for both residents and visitors, fostering meaningful connections through these interactions.”
“Our goal is to establish a reasonable mileage benchmark for Rangers to cover by e-bike, which can be reliably tracked and documented using portable devices. Additionally, we will develop a concept for structuring Ranger patrols that ensures each shift throughout the week effectively addresses e-bike education, enforcement, diplomacy, wildlife conservation and island education,” he concluded. “This approach will enhance our efforts and create a meaningful impact in our community.”
To view the presentation, click on SANIBEL RANGERS PROGRAM.
IN OTHER NEWS
– The council voted 5-0 on an ordinance approving an increase in residential development density to allow for the redevelopment of multifamily housing (15 units) for the Below Market Rate Housing rental program for the property owned by Community Housing & Resources at 1517 Periwinkle Way.
– The council voted 5-0 on an ordinance amending the Code of Ordinances to promote community resiliency through amendments related to the placement of fill.
– The council voted 5-0 on an ordinance amending the Code of Ordinances to promote community resiliency by allowing an exception to height limitation for resiliency specific to the build-back (reconstruction) of nonconforming structures substantially damaged by a natural disaster. Prior to the vote, staff confirmed that the amendments would pertain to angle of light and maximum height.
– The council voted 5-0 on an ordinance amending the Code of Ordinances to aid with hurricane recovery in regards to reinstating the temporary administrative authority over conditional use permits for “eating places, restaurants, grocery stores, etc.” and broadening the authorization to other conditional uses.
– The council voted 5-0 on a resolution approving a grant agreement between the city and Florida Department of Transportation in the amount of $1 million for the repaving and elevation of Periwinkle Way. The project will consist of about 1.09 miles, starting 500 feet west of Periwinkle and Casa Ybel Road and heading east to Main Street/the Periwinkle Park entrance.
– The council voted 5-0 on a grant agreement from the Florida Department of Environmental Protection’s Resilient Florida Program for the “City of Sanibel Adaptation Plan” in the amount of $88,000 to minimize the impacts of flooding and sea level rise on the city’s critical assets and a proposal from Cummins Cederberg in the same amount for engineering and environmental consulting services to complete the plan.
– The council voted 5-0 on a request by Waste Management (WM) to temporarily begin solid waste collection services one hour earlier at 6 a.m. Prior to the vote, staff reported that it would only apply to residential collection and for the summer season, from now through October.
– The council voted 5-0 on agreements with Karle Enviro-Organic Recycling and Wind River Environmental for wastewater biosolids hauling and disposal services.
– The council discussed the Wulfert Channel and Dinkins Bayou Dredge Project.
– Staff presented a draft resolution regarding the SUP that included violation fines, which the council provided feedback on. It will be brought back before the council at a later date with the sought changes.
– Staff presented a draft resolution regarding special event permit fees, which the council provided feedback on. It will be brought back before the council at a later date with the sought changes.
– The council declared May 6 as Sergeant Anthony Neri Memorial Day on Sanibel through a proclamation, which also recognized him for his ultimate sacrifice and expressed appreciation for the exceptional service that he provided to the Sanibel community and police department. Neri passed away during a training exercise while on duty on May 6, 2019.
– The council recognized Sanibel Police Department Detective Michelle Rose as the Employee of the Second Quarter for the fiscal year.
– The council recognized May 4-10 as the 56th Annual Professional Municipal Clerks Week through a proclamation.
– The council declared May 18-24 as National Public Works Week through a proclamation.
– The council declared May as National Cities, Towns, and Villages Month through a proclamation.
– Deputy City Manager and Chief Financial Officer Steve Chaipel provided an update on the city’s finances related to Hurricanes Milton, Helene, Idalia and Ian. To view the presentation, click on HURRICANES FINANCIAL UPDATE.
– Island Water Association (WA) General Manager Diana Wilson gave a presentation on IWA’s operations and resiliency initiatives. To view the presentation, click on IWA UPDATE.