The Protect Captiva coalition — a group committed to preserving Captiva Island’s long-standing building height and density limits — has released an update on its ongoing legal efforts to oppose the South Seas Island Resort’s rezoning application.
Rebuttals and Legal Proceedings
Following several days of public testimony, the coalition reported that on April 8, South Seas would present its rebuttal to extensive opposition statements and evidence submitted during the initial hearing phases. The Lee County government, which supports the resort’s application, is expected to follow with its own rebuttal.
“Captiva and Sanibel witnesses demonstrated that the increase in density from 272 to 628 units on the applicant’s property — increasing the total number of units on the resort from 912 to 1,268 — along with increased building heights, would violate the building limits of the Lee Plan,” Protect Captiva shared on April 4.
Concerns raised by the coalition and other stakeholders include:
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Severe traffic congestion
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Threats to public safety during hurricane evacuations and medical emergencies
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Potential long-term environmental damage
Hearing Examiner Questions and Timeline
At the end of public testimony on March 21, the Hearing Examiner stated that she would submit written questions to South Seas and Lee County. These were expected to be answered by April 8.
To view the Hearing Examiner’s questions, visit the provided link in the full coalition update.
The coalition noted that after rebuttals are completed, the Hearing Examiner will likely take two to three months to issue a recommended decision to the Lee County Board of Commissioners, who will then decide to approve, reject, or modify that recommendation at a public hearing.
“Public opposition will not be heard again until the matter reaches the board of county commissioners, likely in the summer or fall,” Protect Captiva added. “We’ll continue to provide updates on hearing dates and ways to stay involved.”
Summary of Community Opposition
On March 24, Protect Captiva also shared a detailed account of public testimony presented from Feb. 20 through March 21. Witnesses included:
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The Captiva Civic Association (CCA) attorney and expert witnesses
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South Seas property owners opposing the rezoning
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Captiva Community Panel
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Sanibel-Captiva Conservation Foundation (SCCF)
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Officials from the City of Sanibel, including Mayor Richard Johnson, City Manager Dana Souza, Deputy Police Chief Anthony Thompson, and City Attorney John Agnew
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Dozens of concerned residents and environmental advocates
These participants voiced strong objections to the proposed density and height increases, citing both legal and environmental grounds.
A formal legal analysis summarizing the community’s opposition was submitted by the CCA’s attorney to the Hearing Examiner. You can view the document via the link titled CCA Legal Analysis.
To watch recordings of the hearings, visit YouTube @LeeCountyFLBOCC.
For further information, please contact:
Staff Reporter – trepecki@breezenewspapers.com
