County commission to consider resort rezoning
South Seas’ proposed redevelopment is set to proceed to the county board for consideration.
A Lee County Hearing Examiner has recommended approval of the resort’s rezoning application, which seeks to rezone its 120 acres to Mixed Use Planned Development to allow for a “maximum of 193 multiple-family dwelling units and 435 hotel units with accessory uses and structures, common infrastructure, and resort amenities,” according to the document.
The Lee County Board of County Commissioners will review the recommendation at a Zoning and Comprehensive Plan Amendment Hearing scheduled for Aug. 20 at 9:30 a.m. in Fort Myers.
On July 11, resort officials responded to the Hearing Examiner’s finding.
“South Seas Resort Ownership Group is pleased that Lee County staff and the Lee County Hearing Examiner have recommended approval of the zoning application for the redevelopment of South Seas following widespread devastation of the resort property due to Hurricane Ian,” South Seas Ownership Group President Greg Spencer said. “As noted by Lee County staff and expert testimonies, South Seas successfully demonstrated that it met all the zoning requirements for the MPD (Mixed Use Planned Development) under the Lee County Land Development Code.”
“South Seas would like to thank Lee County staff and the Hearing Examiner for their diligence to bring the county’s Land Development Code in compliance with FEMA elevation regulations not just for South Seas, but to protect all of Lee County, bringing countywide conformance and consistency,” he added. “South Seas Ownership Group looks forward to presenting its redevelopment plans to the Lee County Board of County Commissioners as we continue our pursuit to build a more resilient community.”
Protect Captiva, a coalition that seeks to maintain the longtime building height and density limitations on the island and stands in opposition to the proposed rezoning and redevelopment, also responded.
“The Hearing Examiner’s recommendation fails to recognize or acknowledge the factual and legal complexities of the case,” it said on July 14. “The recommendation simply rubberstamps the South Seas application, which the county facilitated and supported. The Hearing Examiner does a great disservice to the Captiva and Sanibel communities.”
The coalition noted that the recommended approval is no surprise.
“The county was working closely with South Seas representatives; the Hearing Examiner was thanking South Seas witnesses for their ‘helpful’ rebuttal testimony; and the professional formality that characterized the public portion of the hearing was replaced by a singular focus on conditions necessary for the preordained approval of the application,” it said.
Protect Captiva added that the Hearing Examiner’s recommendation “is quite clear.”
“It recommends buildings more than 20 feet taller than existing structures on South Seas or Captiva; it recommends new condominiums at the north end of the resort where two areas of open space presently exist; it recommends a 175-room hotel along Captiva Drive at the south end where no hotel ever existed and another 260-room hotel at the north end where only a 107-room hotel existed; it recommends a restaurant with outdoor seating within earshot of someone’s home; and it recommends 250 boat slips on site, with 76 to 150 new boat slips by the T-Dock along the channel to Redfish pass,” it said.
The coalition noted that it and its attorneys will provide comments at the county board’s hearing.
“Density on South Seas remains limited to 912 units under the Judge Shenko’s Circuit Court decision,” Protect Captiva concluded. “The Final Declaratory Judgment provides that (the) county cannot issue building permits that will allow the 912 cap to be exceeded at any time. Both South Seas and the county have appealed that case; briefing at the appellate court is ongoing; and oral argument has yet to be scheduled.”
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email