Genesis of ‘People’s Choice’ amendments

W h e n S a n i b e l ' s f o u n d e r s created the Sanibel Plan in 1976, they had lofty goals in mind:

∫ Lots of open, undeveloped space for wildlife habitat a n d g r o u n d w a t e r r e p l e n i s hment

∫ L i m i t s o n p o p u l a t i o n density based on the sensitivit y o f e c o l o g i c a l z o n e s t o human intrusion

∫ A building height limit of three stories so the natural beauty of the island was not o v e r w h e l m e d b y t a l l b u i l dings

The Sanibel Plan soon won awards and became a model for city planners throughout the United States

There was a complication, however: The founders were not starting with an undeveloped island Sanibel had already been developed

Problem of nonconfor ming structure

With the opening of the first Sanibel Causeway in 1966, developers rushed in with visions of Sanibel becoming another Miami Beach

Since Sanibel was not incorporated until 1974, it was the Lee County Board of County Commissioners that set the rules for development on the island in the early days With official approval, some developers built condos on the Gulf beach that were taller (four stories), had far greater population den-

City council and Sea Oats hydrology issues

To the editor: This letter regards my comments on the surface water issues in the Sea Oats subdivision that were mentioned in Sanibel city staff responses via email to residents and discussed by the city council and staff at the Feb 7 council meeting

First of all, I appreciate staff's site inspection of the Sea Oats properties and the weir Also, I appreciate the sincere interest shown by the mayor and council to inquire about the Sea Oats water issues on behalf of concerned residents and the city manager's promise at the meeting to follow up with staff and residents to see what relief is possible

Staff's email comments to residents and their comments at the council meeting cite the observation that “current water levels in the western pool of the Sanibel River basin sity and more developed land area with impermeable coverage than the Sanibel Plan and L a n d D e v e l o p m e n t C o d e would later allow After the city of Sanibel a d o p t e d i t s o w n L a n d Development Code in sync with the Sanibel Plan – those condos became “nonconforming” legal when built but not aligned with current standards They could exist but not be built back or redeveloped i n t h e e v e n t t h e y w e r e destroyed in a natural disaster or simply became obsolete

T h e S a n i b e l P l a n d i d n ' t address what to do with nonconforming condos That crea t e d u n d e r s t a n d a b l e a n x i e t y for condo owners And that wasn't the only cause for anxiety There were rumblings that Sanibel was behind the times, and in need of bigger, more luxurious resorts to drive the local economy Redevelopment was viewed as the best way forward.

Redevelopment looms

The specter of larger, perhaps taller, luxury resorts was evident to the board members of the Committee of the Islands, who saw irreplaceable value in the small town, sanctuary character for which Sanibel had become famous

B u t w h y t h e a n x i e t y ? W o u l d n ’ t t h e Sanibel Plan prevent overdevelopment? Not necessarily The Sanibel Plan was vulnerable

Letter to the Editor

are at 2 75 which is lower than the 3 2 elevation required to open weirs and lower water levels by the city's water control policy as ratified by Resolution 94-75 ”

The first paragraph of the policy states the city's objective is to “attempt to retain as much fresh surface water as possible … so long as developed areas are not adversely affected ”

I believe it is admirable that a policy dealing with rainwater and the flooding it causes has served the city so well since its adoption in 1994 However, I believe an oversight in the drafting of the policy is the conspicuous absence of any mention of the flooding caused by saltwater storm surge from a hurricane It is quite reasonable to assume that with the weir structure closed, the city is impounding salt water not fresh water which is contrary to the purpose of the policy

Although staff admitted at the council meeting that they have not done any salinity

Unlike the city charter which can only be amended with voter approval, the Sanibel Plan could be amended by a simple majority of the Sanibel City Council It meant that the limits on building height, residential density and developed area were not guaranteed The COTI board saw at least the possibility that a future city council might forgo the founders' idealism and jeopardize Sanibel's essential character as they dealt with post-disaster build back and redevelopment

‘People’s Choice’ char ter amendments

To prevent any weakening of the protections of the Sanibel Plan, COTI developed three city charter amendments in 2004 later known as the “People’s Choice” amendments that enshrined limits on building height and residential density Only a vote of the people could overturn those protections

The amendments also protect the Land Development Code's limits on developed area, impermeable coverage and vegetative removal

But the condo owners still had no protections. So COTI came up with a compromise between the founders' idealism and basic fairness to condo owners A provision based on what existed on May 4, 2004, states: 1) the condos with four stories could be built back after a disaster with all four stories intact; 2) the city council could allow redevelopment of parcels up to the number of dwelling units then in place; and 3) voters would need to approve any ordinances to increase developed area, impermeable cover- testing, the Sanibel-Captiva Conservation Foundation has such results, which indicate the salinity range of Sanibel lakes was 20-33 PSU, while the salinity of the Gulf of Mexico is 30-35 PSU, while fresh water is 0-1 5 PSU

The impounding of water is adversely affecting the Sea Oats residents' ability to recover from the hurricane and begin repairs to their homes and property The ponding around their homes is directly connected to groundwater infiltration and as staff indicates, the “water table and Sanibel River level go hand in hand ”

The Sanibel River as it crosses under Rabbit Road has been at historic high levels since the hurricane I question what exactly staff's comments meant when they said they “did not see any drainage easements that needed to be cleaned out ” I would be inter-

See LETTER, page 5

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