By MEGHAN BRADBURY

mbradbury@breezenewspapers.com

The Sanibel Planning Commission unanimously approved the application for the redevelopment of Waterside Inn, subject to 35 conditions, during its meeting last week.

Principal Planner Kim Ruiz provided a presentation to the Planning Commission at last week’s meeting regarding the application, which was submitted by Benchmark General Contractors on behalf of the property owner, Waterside Inn Holdings LLC, for the redevelopment of Waterside Inn.

As of Friday, Oct. 9, she said they received 17 comments, which including letters from the attorney representing Breakers West Condominium, Tantara Condominium and Janthina Condominium.

She said the letters included many concerns — some of which were the development plan does not represent the previously existing plan, visual obstruction along the Gulf view, potential noise/nuisance from the pickleball court, maintaining private beach access easement for Breakers West Condominium and protection of gopher tortoises.

Waterside Inn, originally known as the Snook Motel, was built in the 1930s. She said the older resort included cottages, a swimming pool, shuffle board, tiki hut and an open sand recreation area.

In 1974 the Coastal Construction Control Line was added, which has regulations of redevelopment located landward of the Gulf Beach Zone.

Ruiz said the Resort Housing Redevelopment Standards maintain existing development intensity — presumed average occupancy, no increase in the number of beds or unit square footage.

The presumed average occupancy pre disaster was 79.7 individuals, compared to the proposed 72.7 individuals, the number of beds was 37 pre disaster and 36 proposed and the square footage of resort units was 18,185 square feet, and proposed of 19,744 square feet.

There were 17 one bedroom units under 600 square feet pre disaster. Ruiz said anything listed as a one bedroom more than 600 square feet is considered a two bedroom unit by code definition.

“They have not increased the square footage of resort units,” she said. “There is a slight decrease in presumed average occupancy in the number of units, and types of units. They decreased by one bed.”

They are permitted to have 20,994 square feet based upon the allowance for 600 square feet one bedroom units.

Ruiz said they have met the main components for the Resort Housing Redevelopment Standards, which include such things as building, parking, and recreational areas moved landward of Gulf Beach Zone, maximum 3-stories above FDEP flood elevation, height limited to 37-feet above required flood elevation with an additional 8.3 feet allowed for sloped roof and sea turtle protection lighting and window tinting.

Architect Kyle Wilson said they cannot build back what was there previously, and the new plan is elevating Waterside Inn to be resistant to flooding and hurricanes.

“Our job is to really develop a design to met or exceed Florida building code, land development code and redevelopment guidelines,” he said.

There were four main questions from the commissioners — the gopher tortoises, pickleball courts, the assurance of continued beach access and sewer connection.

The gopher tortoises on the property are mainly located where the building is proposed. Acting Director for Natural Resources Dana Dettmar said it was determined there was not enough existing forage to keep them on site.

It was determined that there are seven to eight active burrows, which could be one tortoise or several.

The tortoises will not be relocated to a local site on the island.

The city accepted just under 20 tortoises before Hurricane Ian, which were a total loss. Dettmar said a recipient site on island could be a population sink for gopher tortoises.

“It does take a lot of effort to prepare the site to receive tortoises. They do not allow us to just release them,” she said of the requirement of silt fencing them to a certain amount of acreage for 30 days. “They are obtaining a permit through FWC and that permit requires to be located off site. Typically before someone starts work, step one would be to relocate tortoises.”

The survey is only good for 45 to 60 days Dettmar said, so once a permit is issued, there is a certain amount of time to relocate the tortoises.

“Part of the FWC requirement — a condition of their permit — no development takes place with 25 feet of an active burrow,” she said.

The noise that comes with playing pickleball was a huge concern, as the court would be brand new for the property.

Commissioner Larry Schopp asked if they could include a consideration to install state of the art noise abatement techniques around the pickleball court. He asked if the applicant was willing to install a sound proofing mechanism for the pickleball courts, as the city does not impose a requirement that one should be installed.

“Speaking on behalf of the applicant. He would prefer not to do anything above and beyond,” Wilson said as it is not automatically required for anyone else. “The preference would be no.”

The pickleball courts will not have any lighting, so play would not continue after the sun goes down. He said with only one court, it will also limit the sound, as well as the vegetation surrounding the court.

Schopp also addressed the letters that were received requesting assurance that beach access will be continued, which he said is quality of life issue for the neighboring property.

Ruiz said it is a private access easement agreement between Waterside Inn and Breakers West.

“I am presuming they are going to continue to recognize the private easement agreement. It’s not something the city enforces,” she said.

Wilson said the beach walkover is primarily dedicated to Waterside Inn. He said at the bottom of the property — west — there is another beach walk over for the ability of Breakers West to access the beach.

Schoop asked if the applicant was willing to make that a condition — assuring beach access to Breakers West people.

Wilson said they are showing permanent access and they promise to maintain access during construction, as safety comes first.

Commissioner Lyman Welch asked if they could include a condition, which was added to the final motion, related to sewer capping in the permit.

City Engineer Oisin Dolley said they could as it would give an extra ability to know and check if capped. He said there used to be a shared lift station, which was located on Breakers West property.

Waterside Inn is proposing a private lift station, eliminating the need of a shared use.

“The only thing the city would be requiring is the old sewer connection is capped and sealed off,” Dolley said. “It should be capped at the station, it can be monitored better.”

Wilson said it made sense to cap the sewer at the property line, which hopefully would not disturb the Breakers West property.