Protect Captiva reports on ongoing efforts
A coalition seeking to maintain the longtime building height and density limitations on Captiva recently provided updates on its legal actions.
“Our legal challenges to increased building heights and density on Captiva continue to progress in three different venues,” Protect Captiva shared this week.
The coalition reported that the Captiva Civic Association (CCA) challenged Lee County’s Land Development Code amendments that increase building heights, density and intensity on the island and at South Seas because they are inconsistent with the Lee Plan, which requires the county to “enforce development standards that maintain the historic low-density residential development pattern of Captiva” and “limit development to that which is in keeping with the historic development pattern.”
The five-day trial before the Florida Division of Administrative Hearings ended on Aug. 23.
“CCA witnesses showed that the historic development pattern on both Captiva and South Seas has for decades consisted of three units per acre for both dwelling units and hotels, and that buildings were almost always one or two stories over parking on Captiva, and always less than 50 feet in height on South Seas,” it shared. “CCA witnesses showed that the Code amendments would allow for thousands of new hotel rooms on South Seas and could permit buildings over 90 feet tall on South Seas and a third habitable floor on the rest of Captiva.”
“It was difficult for the county or South Seas to dispute those facts,” Protect Captiva added.
The coalition continued that during the trial proceedings, the parties also disagreed on the impact of potential new development on evacuation times should another hurricane hit the islands.
“A county witness argued that evacuation clearance times should be determined only in September, when the population of Captiva and Sanibel is at its lowest,” it shared. “(The) CCA disagreed — explaining that the hurricane season runs from June 1 through Nov. 30, and governments should not assume the best-case scenario — but must plan to protect and evacuate its population under all reasonably possible circumstances.”
The city of Sanibel was permitted by the judge to intervene in the case, over the objection of the county. Protect Captiva reported that Sanibel’s city attorney was extremely helpful throughout the trial, as was Sanibel’s police chief, who explained the reality of the traffic situation on Periwinkle Way.
The coalition continued that the judge has provided the parties with 30 days after receipt of trial transcripts to file their proposed final orders, after which the judge will issue a final decision.
“Our witnesses presented a very compelling case, and our attorneys exposed the weaknesses of the case presented by the county and South Seas,” it shared.
To view the city’s motion to intervene, click on MOTION TO INTERVENE.
In addition, Protect Captiva provided the following updates:
– After Circuit Court Judge James Shenko denied the county’s motion to dismiss the CCA’s legal action to enforce a 2003 settlement agreement, which confirms the 912-unit density limit at South Seas, the resort filed a motion to intervene in the case on the side of the county. Once that motion is decided, the CCA will consider filing a dispositive motion to enforce the agreement, which provides that “the total number of dwelling units on South Seas Resorts is limited to 912” and “no building permits may be issued by the county for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.” If the agreement — which was signed by the CCA, county and owner of the resort at that time — is enforced by the court, the county cannot approve development at South Seas over and beyond the 912-unit cap that has been in place at the resort for more than 50 years.
– South Seas’ fourth revised plan application to build 196 new condominiums and two new hotels with a total of 435 rooms has been rejected as insufficient for a fourth time by the county’s Zoning Section in the Department of Community Development. The resort has 30 days to respond; a hearing on the application will not be scheduled until it is deemed sufficient. If and when the hearing is scheduled, the CCA will join with the 12 South Seas associations as participants opposing the efforts of the resort to increase density and building heights.
To view the CCA’s comment letter on the fourth plan and the county’s insufficiency letter, click on CCA LETTER and COUNTY LETTER.
To reach STAFF REPORT / trepecki@breezenewspapers.com, please email