County board adopts changes to Code, Plan
The Lee County Commission approved amendments to the Land Development Code and Lee County Comprehensive Land Use Plan, including changes for Captiva and the South Seas Island Resort.
At its regular meeting on Sept. 5, the board voted 4-1 to adopt an ordinance amending LDC Chapters 30, 33, and 34. Among the changes was establishing a uniform way of measuring building height countywide, which will allow for the construction of higher buildings on Captiva, and removing the Administrative Interpretation governing the resort, which will allow it to proceed through zoning.
On Sept. 6 at its Zoning and Comprehensive Plan Amendment hearing, the board again voted 4-1 to approve amendments to the Lee Plan that remove one- and two-story building heights on Captiva.
Commissioner Kevin Ruane cast the dissenting vote at both the meeting and hearing.
Opponents of the proposed amendments have been arguing that the changes provide a pathway for South Seas to request rezoning that could lead to increased density and higher buildings at the resort.
The board’s consideration of the amendments had been postponed in June and stakeholder meetings were later held for county staff to collect feedback from the community. On Sept. 5, Ruane asked staff to summarize the public input received and staff reported that they received a lot of public feedback.
“Staff has not made any changes to the ordinance before you today,” Lee County Department of Community Development Zoning Division Manager Anthony Rodriguez said in terms of the input.
During the nearly three hours of public comment at the meeting, more than 50 speakers shared their opinion with the board. The majority of them opposed the changes and asked the board to vote no.
“Captiva is different than the rest of Lee County and it needs to be treated different than the rest of Lee County,” Captiva Community Panel President Jay Brown said, noting that the community supports increased resiliency and the ability for property owners to build back what they had pre-Hurricane Ian.
“This has nothing to do with resiliency,” he added of the proposed amendments.
“Please vote no,” Captiva Civic Association Director Emily Hess Ankerson said.
“These changes will make these barrier islands less resilient, not more resilient,” Sanibel-Captiva Conservation Foundation Chief Executive Officer James Evans said. “The reality is that you’re paving the way for the developer to come in and ask for more density and more intensity of use.”
“There’s a number of voices here,” Sanibel Mayor Richard Johnson said, listing off the organizations being represented from both islands. “All the voices speaking out today — they’re in opposition.”
Others who spoke in opposition included: the Presidents Council of Associations, representing the coalition of 12 homeowner and condo associations in South Seas, as well as the Bayside Villages Condo Association, Gulf Beach Villas Condo Association and Marina Villages Condo Association; others on the Sanibel City Council; Bailey-Matthews National Shell Museum; Committee of the Islands; residents and business owners from Sanibel and Captiva; and others, including one worker from South Seas, who spoke about her love for the islands and history with the resort.
“The ordinance in front of you isn’t about resiliency,” she said, adding that she believes it is about increased density, increased intensity and taller buildings. “Please do not accept these changes.”
On the other side, Timbers Company Chief Executive Officer Greg Spencer — which is part of the ownership group of South Seas — reported that the resort’s efforts to rebuild are stalled because of the current LDC and Lee Plan. He continued that they need clarity on height in order to move forward.
“We want to return South Seas to its prior grandeur,” Spencer said.
Others who spoke in support of the amendments included the resort’s legal team and some of its consultants, general manager, an owners representative, two directors and a few employees.
Prior to the vote, some of the commissioners shared their thoughts.
“I think we’ve all wrestled with what this means — change is a challenge and uncomfortable,” Commissioner Ray Sandelli said. “I’m in favor of moving forward.”
“This has been a long time coming,” Vice Chairman Mike Greenwell said. “Standardizing the Land Development Code is very important. It’s important for the future of Lee County and how we develop.”
“Everybody else in Lee County has the right to ask for a rezoning except for South Seas right now. Because of the administrative determination they can’t even ask and that doesn’t seem fair to me at all,” Chairman Brian Hamman said, citing the right to petition government and the right to due process.
“It doesn’t guarantee that we have to say yes, but it guarantees that we should let you ask,” he added.
Ruane explained that he did direct staff to bring back possible post-storm amendments regarding heights, setbacks and additional regulations, but what staff drafted was not what he asked for.
“No place in my motion did I talk about density,” he said. “This is not what I put in my motion.”
Ruane noted that there are two things at play: changes for outside of the resort and changes for South Seas itself. He continued that outside of the resort, the island of Captiva never asked for changes.
“When you remove height and you talk about 75 feet, that could possibly happen. When you remove three units per acre — it could potentially happen,” Ruane said. “We don’t have a master plan and until we go to zoning, that’s it. But in a zoning matter, and having sat here for three years, zoning certainly seems to be an easier pathway and with some of these restrictions removed, I’m certainly against this.”
“I think this is a mistake,” he added. “I certainly am not in favor of this by any means.”
During the hearing on Sept. 6, the commission and public comments ran along the same lines.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email