Protect Captiva provides update on legal efforts
A coalition seeking to maintain the longtime building height and density limitations on Captiva recently provided an update on its legal actions.
On Sept. 16, Protect Captiva reported that a petition was collectively filed in court by the Captiva Civic Association (CCA), R.L.R. Investments and Royal Shell Vacations, 12 separate South Seas condominium associations, and eight separate South Seas timeshare associations.
“In an unprecedented display of unity, the Captiva community filed a petition for writ of certiorari asking the court to nullify the rezoning of South Seas that was approved by the (Lee County) Board of County Commissioners on Aug. 6,” it shared. “The petition is extensive — explaining to the court that the county violated its Land Development Code, its Comprehensive Plan and the due process rights of the petitioners when it approved the rezoning application.”
The coalition continued that the county’s approval not only ignored that the Florida Governmental Utility Authority’s (FGUA) sewage treatment plant at the resort does not have the capacity to treat the wastewater from an increase in density from 912 to 1,268 units, but the Captiva Island Fire Control District does not have the ground ladders or fire flow to service the proposed buildings that will be 20 feet taller than any building at South Seas or on Captiva.
Protect Captiva added that the county approved deviations over easement rights and on property that the resort does not own.
“The county’s one-sided hearings also deprived the community from having the right to cross-examine the applicant’s witnesses or object to inappropriate testimony, while the applicant had the right to cross-examine or interrupt community witnesses whenever it chose to do so,” it shared.
The coalition reported that the interwoven property interests and shared infrastructure, all tied to a vested development plan at South Seas, required that petitioners be granted the same procedural rights at the hearing as the applicant.
“For over half a century, South Seas property owners and the Captiva community relied upon the enforcement of South Seas’ zoning to preserve open space, limit density and safeguard our fragile island’s character and safety,” Protect Captiva shared. “The county’s approval upended that reliance, granting a windfall to one new property owner at the expense of the majority of longtime property owners, while exacerbating the evacuation and environmental challenges for everyone on Captiva and Sanibel.”
It concluded that for these reasons, the court has been asked to intervene to protect the rights of the majority of property owners at South Seas, as well as the Captiva community.
To view the petition, click on PETITION.
Also, the coalition reported that all briefs related to the Florida Division of Administrative Hearings (DOAH) case have been filed. It is also waiting for the appellate court to schedule oral arguments.
“If the appellate court reverses the DOAH judge, and the Code amendments are invalidated, everything the county has done for the new owners of South Seas during the past two years will be called into question,” Protect Captiva shared.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email