by SC Publisher Shannen Hayes
As Lee County appears to be moving forward with controversial amendments to its Land Development Code and Comprehensive Land Use Plan affecting Captiva Island, Rep. Adam Botana this week presented a bill to create the Captiva Island Conservation Area.
Modeled after the Gasparilla Island Conservation Act protecting Boca Grande, this piece of legislation would safeguard Captiva’s current building heights and density under threat by the amendments approved in September by a 4-1 vote of the Board of County Commissioners.
“What really put this on my radar, besides our constituents, is the State of Commerce Division sent this back down with a false flag, saying this was done pretty much for a developer not for resilience,” Botana said Wednesday in the Lee County Legislative Delegation meeting in Fort Myers. “That is one of the main reasons we have this bill up.”
The county’s amendments establish a uniform way to measure building height countywide, billed as streamlining zoning and a way to ensure building updates are readily available to everyone. But the changes increase building height on Captiva and open the door for South Seas Island Resort to build more hotel rooms.
The BOCC vote in favor of the amendments came despite near-universal opposition from local residents, including neighboring Sanibel Island. A petition was signed by more 13,000 people opposing the amendments, and most of the more than 50 speakers at the BOCC meeting in September spoke in opposition.
They say, in addition to increased building height and density, the county’s amendments will jeopardize public safety and hinder evacuation efforts on the islands, and are unnecessary to rebuild after Hurricane Ian and benefit only one property owner – South Seas Resort.
In its required review, the state said the amendments appeared to fly a “false flag of resilience as a primary purpose” and urged county officials to be honest with local residents about what they’re really trying to do – increase hotel room density.
In the legislative delegation meeting Wednesday, owners of the resort said they purchased the property two years ago with certain property rights and this proposed bill, as they see it, takes away those property rights.
“So while we want to work with the community, we are very much against this,” said Anthony Solomon, president of The Ronto Group, a partner owner in the resort. “It absolutely violates the current rights we have on the property and our ability to go through a well-defined process in the future.”
Since South Seas is subject to that administrative interpretation, it must go through a donning process to change it. And the resort owners say this bill will preclude them from that process and forever lock them into a manner that would not allow them to rebuild with resiliency.
The Captiva Island Conservation Area bill had its initial discussion in the delegation meeting. More work will be done before it goes to referendum. Botana said he is talking with the county, as well as constituents.
On Dec. 6, the Lee County Commission plans to discuss and vote on the proposed amendments that started the issue. There is still time to voice your opinion on this matter by reaching out to commissioners by phone or email. Find commissioner’s contact information here.