A coalition seeking to maintain the longtime building height and density limitations on Captiva has filed a petition with the county challenging recent amendments to the Land Development Code.

On Jan. 8, the Captiva Civic Association — on behalf of Protect Captiva, the group established by citizens and organizations opposed to increased building heights and density — filed the petition with Lee County. It objects to changes in the LDC and Lee Plan approved by the county board last year.

In a prepared statement, the CCA reported that the new development regulations increase building heights on Captiva, along with the building heights and hotel density for the South Seas resort.

“The communities of Captiva and Sanibel came out in force and tried everything possible to convince the Board of County Commissioners to maintain the long-established height and density regulations that protect our fragile barrier island,” CCA and Protect Captiva representative Lisa Riordan said. “The commissioners completely ignored their constituency — giving us no choice but to commence litigation.”

The petition requests that the county repeal the new provisions.

“Florida law requires that all land development regulations enacted shall be consistent with the adopted Comprehensive Plan of Lee County,” the CCA reported. “On Sept. 5, 2023, under the guise and ‘false flag’ of resiliency, Lee County adopted new land development regulations that have little to do with resiliency and are not lawfully consistent with the Comprehensive Plan.”

It continued that while the Captiva chapter of the Plan protects the island by continuing land use patterns that maintain historic low-density development, the new regulations exempt South Seas from all Captiva height and hotel density limits. They also allow for three, rather than the historic two, habitable floors for residential dwellings.

“The radical increase in building heights and density at South Seas is inconsistent with the historic development of the resort and sets a precedent for over-development that will inevitably change the unique and special character of Captiva,” Captiva Community Panel President Jay Brown said.

The CCA noted that South Seas submitted a new planned development application on Dec. 15 that would increase its density from 247 units to 707 units, with new buildings as high as 64 feet — almost twice as high as is currently permitted and almost 50% higher than is currently allowed on Captiva.

“The new land development regulations and the increases in heights and density sought by South Seas are totally inconsistent with Captiva’s current infrastructure, its limited hurricane evacuation capability and its environmental resources,” Sanibel-Captiva Conservation Foundation Chief Executive Officer James Evans said. “Captiva is a fragile barrier island which cannot absorb the development projects sought by South Seas. The community has no choice but to contest these unwise and unacceptable changes in the court of law.”

The county has 30 days to respond to the petition.

The CCA may petition the state land planning agency no later than 30 days after the county has responded or after the 30-day period for the county to respond has expired, according to the petition.

To read the petition, click on CCA PETITION TO LEE COUNTY.