by SC Reporter Emilie Alfino
David Mintz, the Vice President of the Captiva Community Panel, came before Sanibel City Council’s August 27, 2024, workshop to offer thanks for Sanibel’s support.
“You’re our partner and protector,” Mintz told Council. “I’m here basically to thank you, to thank you for giving us [Sanibel City Attorney] John Agnew during the past week and [Sanibel Police] Chief Dalton for the past week. They were incredibly invaluable.
“As you know, we had five days of hearings last week before the Administrative Law Judge. We filed a petition claiming that the code amendments that increased density and heights and intensity on Captiva were inconsistent with the plan that required the county to maintain the historical development pattern on Captiva to not allow any development that isn’t in keeping with that historical development pattern,” Mintz continued. That historical development pattern has been that way for 50 years.
“We had to explain and prove the historical development pattern and then show that the code amendments allowed development that was inconsistent with our historical development pattern.”
This case is about what can be approved under the code, and South Seas objected. Mintz called the proceedings basically a “South Seas and Lee County show.” Still, he said Captiva put on a very compelling case.
One piece was evacuation times. Would development impede evacuation? Captiva contended it would add five hours to evacuation times. Lee County’s expert said it would increase only by two hours. But the County used only September figures, which show the lowest usage on Sanibel and Captiva – only 42 houses had to be evacuated during that time. By contrast, the South Seas expert claimed it would increase evacuation time by 20.4 minutes.
Transcripts are due next week, Mintz said, with briefs then due in 30 days. Then it should take two to three weeks for a final decision. “We’re hopeful we can prevail,” he said.
‘We will continue to support you, because it is in Sanibel’s interest to do so,” said Vice Mayor Mike Miller. “The code amendments are inconsistent with the plan.”
Said Councilmember John Henshaw, “You and the City of Sanibel are on the same page. We’ll do whatever we can to support you.”
Mayor Richard Johnson offered thanks and praise to City Attorney John Agnew for his hard work in support of Captiva’s hearing.
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