CCP updated on LDC and Plan changes, more
The Captiva Community Panel heard an update on the county’s Lee Plan and Land Development Code amendments at its recent meeting, plus alternative governance options and the wastewater project.
On Nov. 14, Vice President and Government Affairs Committee Chair David Mintz reiterated that proposed changes to the LDC that would allow for increased density and building heights on the island cannot be approved and implemented until the county commission first makes changes to the Plan.
The amendments to the Plan entail eliminating building heights outlined within the Captiva Plan section. There is a public hearing set for Dec. 6 for the county board to consider those amendments.
He reported that the Protect Captiva Coalition, a group of organizations and citizens opposed to the changes, which the panel is a member of, submitted a public records request for communications between the county and South Seas’ owners group — the Timbers Company, The Ronto Group and Wheelock Street Capital — about development or building regulations, and it is being processed.
Mintz continued that if the county commission approves the amendments on Dec. 6 as written, the coalition and its attorney will move into litigation mode. Several options are being considered, such as an equal protection violation under the U.S. Constitution or contradictory Plan and Code violations.
He reported that if and when South Seas submits a planned development application that includes increased density and building heights, the coalition will actively participate in the rezoning process.
Mintz added that the South Seas’ owners group has made it clear to the other property owners in the resort and community that it is not going to reveal any plan until the county approves the changes.
He also shared a meeting that panel President Jay Brown and he had with South Seas back before Hurricane Ian occurred. County Commissioner Kevin Ruane set up the meeting in the hopes of getting South Seas to join the sewer-to-septic conversion project with Sanibel for the island if it proceeds.
“He basically said to us that they would consider joining the sewer project in exchange for the panel agreeing to increase density and increase heights for South Seas,” Mintz said, referring to one member of the owners group who was present for the meeting. “It was clear to us at that point that they were looking for increased density and increased heights, even back then.”
“At that point Jay said there’s nothing to discuss here. We have a Code. We have a Plan that’s been in effect on Captiva. It’s worked in terms of density and building heights, and we’re not about to trade that for you being part of the sewer project,” he continued. “And that meeting ended fairly abruptly at that point.”
During the amendments discussion, Panel Member Linda Laird asked if this happens elsewhere.
“I think this takes place all over the state and in other states,” Mintz responded.
He cited a proposed development in Lee that was approved up to 65 feet, but the county board reduced the height to 45 feet. Mintz also pointed to a hotel in another county that was approved for a higher height by the local commission. A resident opposed it, and the court ruled that it could not be that high.
“I think this is not that usual,” he said. “What’s usual in our situation is that we live on a barrier island, right after it was destroyed by a hurricane, and the changes were made without any discussion with anybody who lives on the island.”
Also during the discussion, the panel heard from attorney Michael Belle. He is representing about 6,500 timeshare owners in South Seas, the largest group of title owners on the property. Belle reported that he has been in been in active negotiations with Timbers to try to work out an amenity situation.
“There’s not a lot of support from the timeshare property owners, if any,” he added of the amendments. “We are, obviously, extremely interested in the (Captiva) Community Panel and are very supportive of everything you guys are doing. We’re going to continue to stay involved as much as possible.”
Also at the meeting, Brown reported that Laird and he are conducting further research on a few governance options for the island as alternatives to being part of unincorporated Lee. They presented their initial fact finding at a prior meeting and the panel directed them to look further into some.
They had initially researched five options: annexation with Sanibel, incorporation, designation as an Area of Critical State Concern, three status quo variations, and others provided via Florida Statute.
After the panel meeting, the Protect Captiva Coalition shared last week that the Lee County Legislative Delegation will meet on Nov. 30. State Rep. Adam Botana will discuss a draft legislation that would create a Captiva Island Conservation Area to protect and maintain current building heights and density.
Also at the meeting, Wastewater Committee Chair Jay Brown provided an update on the proposed sewer-to-septic conversion project with Sanibel. He reported that the city is still finalizing two studies, an infrastructure analysis to process Captiva’s wastewater and economic analysis for service rates.
Brown continued that the infrastructure study has been completed and he was provided a copy. However, officials asked that it not be made public yet as city staff had not fully reviewed it.
“I will tell you this that in the study it is a very large cost to deal with the increased processed wastewater. I don’t want to go beyond that at this point until Sanibel staff has had an opportunity to review the study and discuss it with the consultants,” he said.
“I will just say, in general, the total cost of the Sanibel partnership to handle Captiva’s wastewater is becoming very very expensive,” Brown added.
He continued that when the final cost is calculated, the panel will have to work with the county on securing public funding assistance as he does not think property owners will be able to cover it.
Brown added that getting Captiva off of septic is a high priority, however.
“I think there’s a lot of political support for this,” he said. “But as the total cost of this becomes apparent, costs are going to become an issue is my prediction.”
IN OTHER NEWS
– During the Stormwater Committee update, Mintz reported that Kimley-Horn’s $200,000 proposal for the comprehensive engineering study for the village area to help alleviate storm flooding issues has been submitted to the county for funding approval. The county manager and Ruane have committed to funding the study.
“So we’re just waiting for final approval,” Mintz said, adding that it could happen in a few weeks.
– Panel Member John Jensen provided an update on the iguana control services on the island.
He reported that Alfredo Fermin, of AAA Wildlife Trapping and Removal Services, is still coming out two days every week and eradicates about 20-25 iguanas each day. However, because of the colder weather coming up, Fermin may reduce his weekly visits to one day due to iguanas not being as active.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email