Lee County, Captiva to spar in court over rebuilding island, as citizens group sues

Captiva Island residents, worried by county code changes they fear could bring as many as hundreds of new housing units, more cars and more people to the island, took the first legal step toward overturning land use changes.

The Lee County Board of Commissioners made the changes in September and  December.

Residents want to overturn amendments to the county comprehensive land use and development codes the commissioners adopted a year after Hurricane Ian slashed through the island. Some say bigger crowds will visit the island as accommodations increase and services and amenities are added.

More: South Seas resort warns of lawsuit as Captiva residents seek bill to enforce density limits

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The island sustained more than $1 billion in storm damage. Larger crowds are one issue, but leaders of Captiva Civic Association Inc. fear over-stressed infrastructure and diminished quality of life on its 1.64 square miles — nearly 30% of which is water.

The group filed a complaint in the county court in January 8, the first day it could legally bring the action, arguing that Captiva residents are  “substantially affected” by the planned redevelopment of South Seas, sprawling resort.  It claims the right to file the complaint by virtue of its ownership of “real property, very proximate to land that may now be approved” for taller and larger buildings and greater “hotel room density.

“We were meeting with county commissioners, asking them to consider what they were saying, to look at the traffic problems and environmental impacts,” said Lisa Riordan of the Captiva Civic Association. “Once we were not hearing anything that we thought was encouraging, we needed to raise funds“ to fight the plan.

The Captiva residents oppose specific approved changes in the limits on what could be built on Captiva. “Ian changed what people think they can do on Captiva outside,” Riordan said. “Outside the gates of South Seas, people rebuilding (are required) to be under current regulations."

Greg Spencer, who heads the South Seas ownership group, defends his company’s objective in reconstruction of the resort, referring to the plans as redevelopment and repositioning of South Seas into "a world-class resort."

Spencer told residents at a “redevelopment information” meeting that “the resort was in decline 20 years prior to our purchase due to aging structures, dated amenities and lack of investment” by its prior owner.

Residents are concerned, though, about preserving the quality of life.  Some say the new rules could mean taller structures of up to 75 feet.

“It would change it forever; in their plan, the building at the north end of the hotel would be 64 feet tall — that’s a six-story building,”  Riordan said. “The water authority here has said that they don’t know if water can be provided, because all of their estimates for the future were based on the ordinances that were in place.”

Residents who have investments on the island worry about South Seas' development plans but the resort's parent company say the resort has been in decline for decades and it plans to replace older buildings and create a more modern vacation resort.

“South Seas is putting through what they want, there is no talking to them; they have had no involvement in the community since the day they purchased South Seas,”  Riordan said. “There has been not even a response from them —  this is a group that has no interest in getting feedback from the community”

There have been no negotiations since the zoning issue was raised between the residents and the owners of the resort since the county amended its code and residents filed a court complaint against the county.

"We have not talked about compromise because South Seas (and investors) have had no involvement in the community," Riordan said.

A spokeswoman for Lee County said "the county is working on the response to the petition."

The courts will not hear the legal case until the county has filed its answer, however there is some general optimism about Captiva.

"The recovery is moving along, I think people will understand it is going to take time," Riorden said. "Several of our restaurants have opened, some have been rebuilt, some will be replaced, but in all, the recovery is moving along."

This article originally appeared on Fort Myers News-Press: As Captiva continues recovery from Hurricane Ian legal battle emerges