Protect Captiva has released an update on ongoing legal efforts to preserve Captiva’s longstanding building height and density restrictions.
On September 16, the organization reported that a petition was filed in court by a coalition that includes the Captiva Civic Association (CCA), R.L.R. Investments, Royal Shell Vacations, 12 South Seas condominium associations, and eight South Seas timeshare associations.
In its statement, Protect Captiva described the petition as “an unprecedented display of unity,” explaining that it seeks to nullify the rezoning of South Seas approved by the Lee County Board of County Commissioners on August 6. The filing argues that the county’s decision violated the Land Development Code, Comprehensive Plan, and the due process rights of petitioners.
The coalition outlined multiple concerns, including the limited capacity of the Florida Governmental Utility Authority’s sewage treatment plant to handle increased density from 912 to 1,268 units. Additionally, the Captiva Island Fire Control District currently lacks the ground ladders and fire flow needed to service buildings 20 feet taller than existing structures on South Seas or Captiva.
Protect Captiva further noted that the county approved deviations related to easement rights and on property not owned by the resort. The group also highlighted procedural issues, stating that community members were denied the right to cross-examine the applicant’s witnesses or challenge testimony, while the applicant was permitted to question or interrupt community speakers.
According to the coalition, the complex network of shared infrastructure and property interests at South Seas required petitioners to have equal procedural rights during the hearing process.
“For over half a century, South Seas property owners and the Captiva community relied on the enforcement of zoning to protect open space, limit density, and safeguard the island’s character and safety,” Protect Captiva shared. “The county’s approval undermined that reliance, granting an advantage to one new property owner at the expense of long-standing owners, while increasing evacuation and environmental risks for all of Captiva and Sanibel.”
The petition asks the court to intervene in order to uphold the rights of the majority of South Seas property owners and the broader Captiva community.
In addition, Protect Captiva reported that all briefs in the Florida Division of Administrative Hearings (DOAH) case have been filed, and the coalition is awaiting the appellate court’s scheduling of oral arguments.
“If the appellate court reverses the DOAH judge and the code amendments are invalidated, everything the county has approved for the new owners of South Seas in the past two years will be called into question,” the organization shared.
To view the petition, click on PETITION.
