Protect Captiva, continues to actively pursue legal measures to uphold the longstanding building height and density restrictions on Captiva Island. Recently, the group shared updates on their progress across multiple legal fronts.
Ongoing Legal Challenges
“Our legal challenges to the proposed increases in building heights and density on Captiva are advancing through three different legal avenues,” Protect Captiva announced this week.
One of the central issues involves the Captiva Civic Association (CCA) challenging amendments made to Lee County’s Land Development Code. These amendments would allow increased building heights, density, and intensity on Captiva Island and at South Seas Resort, changes that the CCA argues are inconsistent with the Lee Plan. The Lee Plan mandates the county to “enforce development standards that maintain the historic low-density residential development pattern of Captiva” and to “limit development to that which aligns with the island’s historic character.”
A significant development in this challenge was the recent five-day trial before the Florida Division of Administrative Hearings, which concluded on August 23.
“CCA witnesses provided evidence that the historic development pattern on Captiva and South Seas has consistently involved three units per acre for both residential and hotel properties. Buildings typically ranged from one to two stories over parking on Captiva and never exceeded 50 feet in height at South Seas,” Protect Captiva shared. “However, the proposed Code amendments would potentially allow thousands of new hotel rooms at South Seas and could permit buildings exceeding 90 feet in height, as well as a third habitable floor on the rest of Captiva.”
According to the coalition, the county and South Seas Resort found it challenging to counter these facts.
Evacuation Concerns Amidst Development Proposals
Another key point of contention during the trial was the impact of potential new developments on evacuation times in the event of a hurricane.
“A county witness suggested that evacuation clearance times should be based only on data from September, when the population of Captiva and Sanibel is at its lowest,” Protect Captiva reported. “The CCA disagreed, arguing that hurricane season spans from June 1 to November 30, and evacuation plans must account for the worst-case scenarios, not just the lowest population periods.”
The City of Sanibel also played a pivotal role in the proceedings, having been permitted by the judge to intervene in the case despite objections from the county. Protect Captiva noted that Sanibel’s city attorney and police chief provided crucial support during the trial, particularly in addressing the realities of traffic on Periwinkle Way.
The judge has granted the parties 30 days following receipt of the trial transcripts to submit their proposed final orders, after which a final decision will be made.
“Our witnesses presented a compelling case, and our attorneys effectively highlighted the weaknesses in the arguments presented by the county and South Seas,” Protect Captiva shared.
To review the City of Sanibel’s motion to intervene, click on MOTION TO INTERVENE.
Additional Updates from Protect Captiva
- Circuit Court Action: Circuit Court Judge James Shenko recently denied the county’s motion to dismiss the CCA’s legal action to enforce a 2003 settlement agreement, which caps the density at South Seas Resort at 912 units. Following this, South Seas Resort filed a motion to intervene on the county’s side. Depending on the outcome, the CCA may file a dispositive motion to enforce the agreement, which stipulates that “the total number of dwelling units at South Seas Resorts is limited to 912” and “no building permits may be issued by the county for dwelling units that would exceed this limit.” If the court upholds the agreement, the county will be prohibited from approving any development at South Seas that exceeds this 912-unit cap, a standard that has been in place for over 50 years.
- Zoning Application Rejection: The county’s Zoning Section in the Department of Community Development has, for the fourth time, rejected South Seas Resort’s revised plan application to build 196 new condominiums and two new hotels totaling 435 rooms. The resort has 30 days to respond before a hearing on the application can be scheduled. Once a hearing is set, the CCA, along with 12 South Seas associations, will oppose the resort’s efforts to increase density and building heights.
To view the CCA’s comment letter on the fourth plan and the county’s insufficiency letter, click on CCA LETTER and COUNTY LETTER.
