Protect Captiva provides update, readies to petition state
A coalition seeking to maintain the longtime building height and density limitations on Captiva recently gave a legal update, adding that the state will soon receive a petition challenging the county’s changes.
On Feb. 12, the Protect Captiva coalition — the group established by citizens and organizations opposed to increased building heights and density — provided its update for the community.
“The Protect Captiva coalition continues to make its case against increased density and building heights on two separate fronts — in a petition with the state challenging the Code amendments that allow for increased density and building heights on South Seas, and against the South Seas rezoning application filed with the county that seeks to rezone its property to include 272 condominiums and 435 hotel rooms,” the group said in a prepared statement.
The coalition reported that its petition challenging Lee County’s Land Development Code amendments that exempt the resort from the island’s density and height limitations as inconsistent with the Lee Plan is now ready to be submitted to the state land planning agency for its review.
“Since the county has not agreed to voluntarily repeal the challenged Code amendments,” the group said.
The coalition continued that South Seas has filed an application with the county to rezone its property “to allow for a maximum of 272 multi-family dwelling units … and 435 hotel/motel rooms with accessory uses and structures.”
“After initial review, the county’s Zoning Section advised South Seas that its application was insufficient and provided a nine-page letter explaining the insufficiencies,” the group said.
The coalition noted that on Feb. 6, its attorney provided the Zoning Section with a 16-point letter explaining why the resort’s application was insufficient and why it should not be approved.
The letter outlined the following:
– Why the resort is limited to 912 units and why the additional 435 hotel units violate prior zoning agreements and rulings
– Why building heights upwards of 65 feet are unacceptable and violate the Lee Plan
– Why the applicant failed to show that available potable water and sewage treatment could handle the increased density
– Why its request for deviations violate the Lee Plan
– Why its traffic analysis and parking plans are inadequate
– Why its evacuation plans are not realistic
“Our attorney also advised the county that the coalition intends to fully participate in the Hearing Examiner process to formally oppose the rezoning application if and when the South Seas application is deemed sufficient,” the group added.
To view the coalition’s petition, click on PROTECT CAPTIVA PETITION.
To view the county’s letter to the resort regarding its rezoning application, click on LEE COUNTY RESPONSE LETTER.
To view the coalition’s letter to the county, click on PROTECT CAPTIVA LETTER.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email