The hearings on the rezoning request from South Seas on Captiva begin today, 9AM in the Chambers of the Board of County Commissioners. The objectors to Seagate’s Red Coconut development are keeping a close eye on this case. It’s a battle of bigger buildings, more density, and concerns about over-development brought on by Hurricane Ian.
A group on Fort Myers Beach has plans to hire a law firm to fight the Town of Fort Myers Beach’s approval of the Seagate development project. They are attempting to raise $100,000 to start their fight. To date they are $7,000 short of the $25,000 they say they need by tomorrow. There has been no indication of what they would do if they miss theor goal.
The Seagate fight is not exactly the same as the South Seas fight. The Seagate objectors will most likely argue that the town of Fort Myers Beach did not follow their own Comprehensive Plan when two 17-story buildings were approved on the Red Coconut property. They believe the spirit of the Comprehensive Plan, written in the mid-90’s, was for new buildings to begin at about 4 stories with additional height awarded in return for public benefit items such as view corridors, beach accesses and other amenities the entire community would benefit from. In a public meeting, just before the Town Council voted to approve Seagate, the Town Attorney advised the council that they were on solid legal ground if they voted to approve the project.
Hurricane Ian damaged nearly every structure on Fort Myers Beach, totally wiping out many, including the 10-acre Red Coconut RV Park which was purchased by Seagate for $52 million. Some believe in order to rebuild Fort Myers Beach there needs to be more leeway for developers who are willing to invest in the island. And that may mean giving up more height and or density. Fort Myers Beach incorporated after DiamondHead Resort was approved by Lee County. The community wanted to put a stop to Lee County approving tall buildings.
Others, like the Seagate objectors believe Hurricane Ian should not be the reason to start approving taller buildings which they say goes against the spirit of the Comprehensive Plan. That fight is just beginning. The South Seas fight is much further along.
The South Seas battle is being spearheaded by the Captiva Civic Association with assistance from SCCF and the City of Sanibel. CCA’s mission is “to protect Captiva’s ambiance, environment, and quality of life of its (430) members. CCA works to ensure that any proposed changes to land uses on Captiva comply with its land use policy.”
CCA, SCCF and the City of Sanibel want to prevent South Seas Resort from building more than 912 units. And they believe Lee County is on a path to do just that. The three groups are hanging their hat on a 1973 zoning resolution that the county adopted limiting South Seas to 3 units per acre and no more than 912 units total, including hotel rooms.
Two lawsuits have already been filed in the South Seas case and the zoning hearing with Lee County begins today. The lawsuits have been ruled on but can still be appealed.
The Captiva Civic Association and The City of Sanibel filed one lawsuit against Lee County and South Seas. In September of 2023 Lee County approved a Land Development Code Amendment to allow South Seas more density after Hurricane Ian. The amendment exempt South Seas from density limits. That could enable South Seas to go above the 912 units. The LDC change meant South Seas had no density limitations and no 912 unit cap. Lee County says the change was made to allow South Seas to be more resilient and protect structures from future storms. The amendment changed from where height is measured for new buildings, from grade or sea level to base flood elevation. That automatically translates to higher buildings. And while that gives South Seas higher buildings by right, to go higher they need to go through the county’s rezoning process. Commissioner Mike Greenwell said it puts everyone on a level playing field. CCA and Sanibel alleged the ordinance was inconsistent with the Lee County Comprehensive Plan. Florida Admnistrative Law Judge Suzanne Van Wyk ruled on February 2nd that CCA and the City of Sanibel failed to prove that the Lee County ordinance was inconsistent with the County’s Comprehensive Plan.
Simultaneously a suit was filed by CCA hoping to get a court ruling that a 1973 zoning resolution agreed to by Lee County and South Seas, that they could never build more than 912 units (3 units per acre) on their property, was still a binding agreement. Last week Circuit Court Judge James Shenko ruled in favor of CCA stating the agreement was “clear and unambiguous” and no permits can be issued allowing South Seas to exceed 912 dwelling units.
At the hearing today, South Seas will present its application which may take the entire day. After that, time permitting, County Staff will present its position on the application. Public comment will most likely not be heard until February 20th.
CCA and SCCF have said that South Seas will go before the Lee County Hearing Examiner to request an increase on the 912-density cap by 356 units. They want the Hearing Examiner and the Board of County Commissioners to approve no more than 912 units for the resort.
The hearing will be broadcast live on LeeTV.
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It’s all so sad. There are so many residents and property owners on this island that feel our Council has completely failed them. It’s like a life-light and dreams have started to fade away into the sunset. I hope enough money is raised to help save our little sandbar from over-development… that three council members couldn’t give a hoot about.