Guest commentary: Prepare for hearing on amendments
On Dec. 6, the Lee County Board of County Commissioners will have the opportunity to correct a serious policy mistake. They can vote “no” on any motion to eliminate Captiva height limitations from the Lee Plan — the elimination of which would allow Timbers Resorts to increase the size and number of hotels and condominiums on South Seas, and would also allow future builders to increase the size of homes on the rest of Captiva. These changes to longstanding standards on Captiva are universally opposed by the community and the commissioners should reject them.
It is important that our community’s voices be heard — by email between now and Dec. 6 and at the hearing on Dec. 6 in Fort Myers. It is inconceivable that our county commissioners continue to ignore the interests of their constituents. We have to let them know again why these amendments constitute bad policy. Please adopt any of these bullet points that you feel are appropriate in your emails or testimony to the commissioners.
– It makes no sense to reject years of careful planning to now increase building heights and density on a fragile barrier island right after a devastating hurricane. The Plan amendments will make Captiva less safe when facing future hurricanes by facilitating the increase of density and the intensity of use both inside and outside of South Seas.
– The Plan amendments increase building heights to permit an increase in hotel density and residential intensity on Captiva — a Coastal High Hazard Area — without any analysis of the impact on infrastructure, roads, hurricane evacuation routes, water resources, and environmental resources in violation of Florida’s Community Planning Act — and without consideration of the serious concerns raised by the Captiva Island Fire Control District and Island Water Association who were not consulted about these changes.
– The commissioners should not ignore their constituency. Hundreds of residents have testified against the amendments, thousands of emails in opposition have been sent, 13,800 individuals have signed a petition opposing the changes, and virtually all organizations and businesses on Captiva and Sanibel have voiced their opposition — including the city of Sanibel and the SanCap Chamber of Commerce.
– The amendments have little to do with resiliency. The Plan already incorporates changing base flood elevations into Captiva’s building height rules which allow for two full permittable and habitable floors. No one on Captiva requested building heights be increased from 28 to 35 feet — allowing a third habitable floor. Additionally, the amendments permit buildings up to 75 feet above base flood elevation on South Seas.
– Florida’s Bureau of Community Planning and Growth stated that the amendments appear “to fly a false flag of resilience as a primary purpose when, in reality, the amendment is clearly in-part for the purpose of an increase in hotel room density.” Commissioners should not increase density under the guise of resiliency — a process which now Vice Chairman Kevin Ruane called “offensive” when he alone voted “no” on Sept. 6.
– The Plan amendments facilitate increases in building heights and hotel room density for a single property owner on Captiva. This discriminatory benefit not only constitutes spot-planning and subjects the county to federal equal protection claims, it sets a precedent for more intense development over the entire island. It is also opposed by the majority of homeowner, condominium and time-share associations on South Seas itself.
– Increasing building heights on Captiva with greater intensity of use threatens Captiva’s Septic to Sewer Conversion Project with the city of Sanibel, which was based on existing wastewater estimates and on which significant county monies have already been spent. The amendments threaten efforts to prevent nutrient loading into our coastal waters.
– The amendments are not necessary to build back structures damaged by hurricanes. Current county regulations already allow property owners on Captiva to build new structures in compliance with updated federal flood elevation standards, and to rebuild damaged nonconforming structures in compliance with updated federal flood elevations standards without a reduction in use, density, intensity and size of their structures.
– It is wrong to even consider amending the Plan to facilitate exemptions for South Seas from Captiva’s hotel density and building height regulations when Timbers Resorts has yet to submit an application for a new Planned Development and when the county and the community have not been told what Timbers plans to actually build.
Emails can be sent to the four county commissioners who voted “yes” on Sept. 6, asking them to please listen to their constituents and vote “no” on Dec. 6:
– Chairman Mike Greenwell at dist5@leegov.com
– Commissioner Brian Hamman at dist4@leegov.com
– Commissioner Cecil Pendergrass at dist2@leegov.com
– Commissioner Ray Sandelli at dist3@leegov.com
The hearing on Dec. 6 will take place at 9:30 a.m. at the Old Lee County Courthouse, at 2120 Main St., Fort Myers.
The Protect Captiva Coalition was established by concerned citizens and organizations in opposition to increasing building height and density on Captiva. It includes over 13,000 residents, organizations and other individuals. For more information, visit https://protectcaptiva.org/.