by SC Publisher Shannen Hayes
The Captiva Civic Association lost part of its legal fight Tuesday, Feb. 4, against Lee County and South Seas Island Resort ownership over adopted amendments to the county’s Land Development Codes, which increase building heights and remove density restrictions on Captiva.
The State of Florida Division of Administrative Hearings found the Captiva Civic Association failed to prove beyond fair debate that the newly adopted Lee County Ordinance 23-22 is inconsistent with the cited provisions of the Lee County Comprehensive Plan.
The Captiva Civic Association said it would appeal the judge’s decision based on the Lee Plan requiring the county to limit development to which is in keeping with the historic development pattern of the island.
In the final order from DOAH, the judge stated, “competent, substantial evidence supports a finding that the ordinance does not change the regulations to allow development beyond the historic development pattern of Captiva.”
“The plain language of the (Lee Plan) does not say the county must limit the development of South Seas to that which has been historically developed at South Seas,” the final order further states.
In November 1973, Lee County approved a resolution that limited South Seas to three units per acre with a total of 912 units and included a special permit for five acres of commercial property. Lee County also established a South Seas Resort Master Development Plan at that same time, which detailed existing development and future development areas.
That master development plan was further clarified with an Administrative Interpretation document issued by the county in July 2002.
In September 2023, the Board of County Commissioners adopted Ordinance 23-22, which, in part, released South Seas Resort from the 1973 resolution and subsequent Administrative Interpretation. It also allows for a third habitable floor in dwellings across the island.
Lee County has said the purpose of the ordinance was to comply with the FEMA flood insurance program and to standardize the measurement of building height regulations across the county’s land development codes and building codes.
Under the ordinance, the county could issue building permits in South Seas for buildings at heights of 49 feet above base flood elevation rather than 35 feet above grade without a rezoning, code variance, or other development approval.
Depending on the base flood elevation on a particular parcel, an additional height of six to ten feet could be achieved. If areas were rezoned, and the resort met the requirements for clustering, the development could reach as tall as 79 feet plus allowances for base flood elevation.
The Captiva Civic Association argued that increased building heights increased property’s vulnerability to threats from disasters, such as hurricanes. However, the judge said Lee County presented “credible evidence” to the contrary.
“Buildings built to the current code, regardless of height, have to meet modern wind-speed standards and wind-born debris requirements, making them less vulnerable to storm damage than existing construction built to older code standards,” the final order states.
The Captiva Civic Association also argued the increased building height and density would hinder hurricane evacuation for residents and visitors. The final order states the county produced copious evidence that it has improved evacuation routes since 1987 and that the out-of-county evacuation time has decreased.
Additionally, the Captiva Civic Association argues that the resort’s unit limitation always included residential and hotel units. And the DOAH judge did find that to be true.
“Competent, substantial evidence supports a finding that South Seas’ approval for 912 residential units includes ‘guest facilities,’ which is synonymous with hotel and motel units in today’s language. Hotels were developed on the property prior to the 1973 rezoning, which the county did not exclude from the unit count.”
While county-initiated, the judge noted Ordinance 23-22 was at least partially drafted to accommodate the resort’s redevelopment plans for the 120 acres it has within South Seas.
In December 2023, South Seas Resort unveiled its plans to develop a total of 707 hotel and residential units, a substantial increase from its originally permitted 247 units. The resort also seeks to change its current zoning to accomplish its redevelopment plan.
The resort’s application notes structures would be rebuilt up to 45 feet above the base flood elevation, and include up to three stories over parking or commercial space.
“South Seas will continue to seek approval through a rezoning as a Planned Development or ‘PD’ zoning district,” it said Tuesday in a released statement.
The Captiva Civic Association is awaiting a final decision in its other legal fight against the county and the resort – a Motion for Summary Judgment before Judge Shenko, which also seeks to limit South Seas to a total of 912 dwelling units.
Was an environmental impact statement submitted? If so, please forward copy. Was the increase in carbon footprint provided? Has Sanibel provided an opinion because of increased traffic with unit increases?
Hurricane Ian hit the west coast of Florida on September 28, 2022. Our family has a time share at South Seas Plantation Beach Club. Our rental is in April and May and this year, 21/2 years later we will still have no elevator, have to haul our luggage up multiple flights by hand, we have been banned from using the main pool under any circumstances, cannot use the small pool next to our unit because it has not yet been repaired and the beach in front our unit has turned into a periodic river. We have never paid a higher maintenance fee per week than we are being charged now. Meanwhile the owners of South Seas with the blessing of Lee County, want to build bigger and higher than allowed anywhere else on the island, essentially destroying the ambience we have known for nearly 40 years and placing other smaller resorts on the Island at a competitive disadvantage. What we see happening is the inevitable outcome of politics, money and greed at the expense of everyone else on the island.