by SC Publisher Shannen Hayes
The communities of Sanibel and Captiva remained united in opposition to proposed changes in Lee County’s Land Development Code at the second of three public meetings held by the county Aug. 2 at BIG Arts on Sanibel.
The meetings were set up after the two communities became outraged over the proposed changes that would increase building height on Captiva and allow South Seas Island Resort on the north tip of the island to request an increase in density through a zoning change.
Department of Community Development Zoning Manager Anthony Rodriguez gave a brief presentation at the second meeting. He explained the proposed changes are intended to help residents rebuild from Hurricane Ian by relieving build-back constraints, streamline building height codes, and make the county more resilient.
“The Land Development Code amendments that are proposed are related to height and they are intended to provide for more resilient structures,” said Rodriguez. “They also provide for insurability, which in-turn provides for the economic resilience we’re focused on – getting people back to work, getting businesses reopened and getting people back in their homes.”
Captiva does not have a municipal government. Instead, it relies on the county’s zoning decisions and comprehensive plan. But the island has special protections for building height and density, as well as an administrative interpretation which applies to South Seas, under the Captiva Community Plan within the Lee Plan.
The island also has the Captiva Community Panel, an advisory board to the county. It quickly sounded the alarm when the changes appeared without warning on the June agenda of the Board of County Commissioners. That hearing resulted in the BoCC granting a continuance.
Panel Vice President David Mintz commended the county for listening at the first public meeting in July. He said the issue of building back non-conforming buildings, like the ones at South Seas, has been resolved because those structures can be rebuilt under the current base flood elevation requirement.
“That’s very important,” he said, “because it takes the issue of build-back off the table.”
He then addressed the issue of building height, which is currently at 28 feet above base flood elevation on Captiva. “These regulations have been in existence since 2012 and no one on Captiva is asking for any change,” he said. “There is no compelling reason to go from 28 feet to 35 feet above base flood elevation.”
He explained that increasing the building height to 35 feet above base flood elevation would allow for a third habitable floor and raise the intensity of use by 50 percent. “It would destroy the (Captiva) village as we know it,” he said, “where we have only 50 to 75 feet lots.”
Mintz also addressed the negative impact higher density would have on the island’s plans to connect to Sanibel’s sewer system and the additional $1.6 million in equipment cost for the fire department to reach a third habitable floor.
Additionally, he spoke about the increased pressure the changes would have on the island’s limited infrastructure, environment and evacuation routes. “I can not find one legitimate reason for this change and we’re asking the county to drop it and leave it the way it’s been since 2012,” he said.
Captiva Civic Association Land Use Committee Chair Lisa Reardon said they have taken the responsibility of being caretakers of the island very, very seriously over the years. She pointed out no one in either community is in favor of these change. It has even united the nearly two dozen homeowner and condominium associations within the South Seas community.
“To say they have not agreed in the past on many items is an understatement,” said Reardon, who served on the board of Bayside Villas, the largest association at South Seas, for six years. “But (this issue) has brought them all together….There has to be a reason everybody is opposed to these changes,” she said.
Reardon also pointed out Timbers, the resort owner, knew what the rules were when they purchased the business in September 2021, one year before Hurricane Ian struck. “You don’t come in as the new neighbor saying you love it here, then work to change it because you know better they everyone who has been here for all these years,” she said.
“We are asking the county to understand the reasons; to listen to what everyone is saying; and not change our density, not change our heights; and recognize we still want to be that fragile barrier island where our trees are taller than buildings,” she concluded.
The final public meeting on the proposed amendments will be from 5:30 to 7:30 p.m. Wednesday, Aug. 9 at the Lee County Public Works Building, 1500 Monroe St., Fort Myers.
The BoCC continued public hearings on the ordinance will be at 9:30 a.m. Tuesday, Sept. 5 and Wednesday, Sept. 6 at the Old Lee County Courthouse, 2120 Main St., Fort Myers.
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