Islands give opinion on possible bill for Captiva
Island stakeholders voiced support for proposed legislation designating Captiva as a conservation area, while also expressing continued opposition to county-proposed changes that eliminate the island’s current building height and density limitations.
At the Lee County Legislative Delegation’s meeting on Nov. 30 in Fort Myers, area representatives from the Florida House and Senate heard about the possible bill to create a Captiva Island Conservation Area. The legislation would place the question on the ballot as a referendum for voters to decide on.
Rep. Adam Botana (R-District 80), who has offered to sponsor the bill, opened the discussion by explaining that the draft legislation was brought to him after the delegation’s last meeting. He spoke to Captiva and Sanibel constituents, who raised concerns about Captiva’s growth as a barrier island.
Currently, Lee County is proposing amendments to the Lee Plan and Land Development Code that would remove existing regulations and allow for increased building heights and density on the island.
Botana explained that the county had to submit the proposed changes to the state for review, and one agency provided a written opinion in response that they appeared to fly a “false flag” of resilience.
“That this was done pretty much for a developer, not for resilience,” he said of the amendments and the feedback from the Florida Department of Commerce’s Bureau of Community Planning and Growth.
“So that is one of the main reasons that we have this bill,” Botana added.
A discussion item only on the agenda, the delegation opened the floor to public comment. Nearly 40 attendees spoke on the proposed legislation, with the majority asking for its support and passage.
“We need your help to maintain our current building heights and density requirements,” Captiva Civic Association Land Use Committee Chair and Protect Captiva Coalition member Lisa Riordan said.
The coalition is a group of organizations and individuals opposed to the county’s changes.
“And when I say we that includes the Captiva Community Panel, the civic association, the Captiva businesses and Realtors, Captiva Chapel by the Sea, the 12 South Seas condominium associations, the SanCap Chamber of Commerce, Sanibel City Council, the SCCF (Sanibel-Captiva Conservation Foundation), “Ding” Darling National Wildlife Society, the Bailey-Matthews National Shell Museum, CROW (Clinic for the Rehabilitation of Wildlife) and over 13,000 petitioners who signed a petition to send to the county board of commissioners,” she continued. “All in favor of keeping what we have in place and all for six months have loudly expressed our position in opposition to changes to no avail.”
“We thank you for this legislation and please support the bill to help us,” Riordan added.
Sanibel Mayor Richard Johnson spoke to the tie between the two islands.
“What goes on on Captiva, our sister island, dramatically impacts the island of Sanibel,” he said. “Unlike the county, we have listened to our constituents. I am the mayor. I represent the council, as well as I represent all of the Sanibelian voters. There has been overwhelming support for keeping Captiva Captiva, just as the (Captiva) Community Panel has asked for.”
“This conservation district is an attempt to keep what we have. What we have is very precious,” he added. “We fully support this throughout the city of Sanibel and look forward to its passage.”
SCCF Environmental Policy Director Matt DePaolis touched on the environment and economy.
“The unique character of the island is more than just the small-town feel. There’s a slower pace of life. It’s an inherent value of living in harmony with nature,” he said. “Low building heights and density have protected Captiva’s status as a sanctuary island for both humans and wildlife. It’s natural and low-key ambiance attracts tourists from all over the world for an experience that’s increasing rare in Florida, and this has led Captiva to be an economic driver in both real estate and tourism.”
“By establishing a Captiva Island Conservation Area, you will limit future development and safeguard the waters, wildlife, and natural mangrove and dune systems that ensure its coastal resilience,” DePaolis added. “The bill would help keep height and density in line with island values, while protecting people’s ability to build back after a storm unhindered.”
Island Water Association Board President Mike Boris shared concerns about service levels.
“Potential increased density and water using amenities at the South Seas resort will create technical and planning concerns for IWA,” he said. “IWA’s Comprehensive Water System Master Plan, completed in 2020, gives significant effort and future water demands using Census and growth data, existing density and per capita usage.”
“Importantly, IWA incorporated these projections into our capital improvement and strategic plans to ensure service levels for a 20-year horizon,” Boris added. “Without a plan to review the proposed South Seas resort development, IWA is not able to evaluate the existing water infrastructure ability.”
Along with business owners and residents from both islands, others who sought support for the legislation included the Captiva Erosion Prevention District, Committee of the Islands, and Presidents Council of Associations — the coalition of 12 homeowner and condo associations in South Seas.
“The intent is to limit density and development to a level which will not degrade the fragile environment or overburden the limited infrastructure of the islands,” associations Chairman Ken Suarez said. “That’s what Boca Grande has, that’s what Captiva needs. That is common sense.”
“The people that are against the bill want greater density, and our fragile island cannot handle it,” he added.
The seven who spoke out in opposition to the proposed bill were representatives for the South Seas owners’ group — Timbers Company, The Ronto Group or Wheelock Street Capital — or an employee.
“We purchased it with certain property rights that it came with,” Ronto Group President Anthony Solomon said of the resort. “This bill, as we see it, takes away those property rights and seeks to deny us the process, a very defined process with facts, to go before the county and have expert testimony.”
“So while we want to work with the community, we are very much against this,” he added.
South Seas’ legal counsel described the proposed legislation as more restrictive than the current administrative interpretation that governs the resort, adding that it is counter to private property rights. She cited the protection of property rights via the Community Planning Act and Bert Harris Act.
Also part of the coalition, the Captiva Community Panel addressed the opposition’s stance.
“Our conservation district is nothing more than a memorialization of the land use policies that have long been in place on Captiva,” CCP President Jay Brown said. “This is what we need to protect ourselves from unwanted development that will destroy the character of our island.”
“Please do not listen to the other side. What they are saying is not true,” he added. “All we are doing is memorializing the land use codes that have long been in place on Captiva and are universally desired by our community.”
Vice President David Mintz explained that the CCP has been drafting the Captiva chapters of the Lee Plan and LDC since 2001 and the current building limitations have been in place for over a decade.
“The legislation that’s being proposed now only ratifies what currently exists, what currently exists on Captiva outside the gate of South Seas and inside the gate of South Seas,” he said. “This bill would not violate any property rights of anyone on Captiva. It is not more restrictive to South Seas; it’s actually less restrictive to South Seas.”
“The legal arguments you heard before, I guess I could just say it’s legal poppycock,” Mintz added.
Describing the meeting as a “first step,” Botana reported that the discussion will continue.
“This is the beginning of a situation that we’re going to work through through the next couple months until we get into session,” he said.
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