The Lee County Board of Commissioners voted Tuesday to change the county’s building and land-use rules, allowing for more height, 35 feet above base flood level elevations, as determined by the federal government.  

The commissioners did so by a 4-1 vote to the dismay of most Captiva Island residents who spoke at the meeting and to the benefit of the South Seas Island Resort and developers.  

When Commissioner Kevin Ruane made a motion to change the rules Jan. 17, he said he did so with the hope of boosting resiliency on the barrier island, not boosting the opportunity to create more density and height there following the devastation of Hurricane Ian.  

As Ruane, a former Sanibel mayor, realized he would be on the losing end of the vote Tuesday, he wanted to make clear to the public where he stood.  

“I directed staff to bring back an amendment for land development code regarding height, setbacks and other development constraints that could potentially restrict residents from rebuilding their homes and businesses,” Ruane said. “This does not achieve what I asked for in the motion, by any means. I think this is a mistake. I’m certainly not in favor of this by any means. What I proposed is certainly on the record. What I received is certainly not that.”  

As chairman of the board, Commissioner Brian Hamman spent 2 hours and 12 minutes calling 50 people to the podium for public comment. Those against the changes outnumbered those in favor of them 36-17, including three who waved their right to speak but wanted it on the record they were against the changes.  

Of the first 30 speakers, 28 were Captiva residents and others against changing the rules, with only two speakers for the changes. Fifteen of the final 20 speakers were in favor of the changes, with most of them members of the South Seas ownership group or members of its redevelopment team.  

“I think the commissioners [Tuesday] decided to place the views of the developers over the unanimous views of the community,” said Jay Brown, president of the Captiva Community Panel. “Captiva, historically, has been two livable floors. And so now, Captiva will be three livable floors. That’s the first big change.”  

The other big change, Brown noted, was that hotels no longer will face density restrictions. Even if South Seas rebuilds to the satisfaction of the surrounding community, other resorts and future developers may choose not to, Brown said.  

“You’re allowing the opportunity for a lot more buildings to be built on Captiva,” Brown said. “This is not just about South Seas. It’s about all of Captiva. What will happen is that as density increases over time, so will the traffic.”  

Hamman called the decision a tough one and a balancing act.  

“Everyone else in Lee County has the right to ask for rezoning except for South Seas,” Hamman said. “That doesn’t seem fair to me at all. I understand that this is hard. Hurricane Ian handed us this change, whether we like it or not. We have to move forward.”  

Commissioner Mike Greenwell called the decision a long time coming.  

“Changing the land development code is important for Lee County,” said Greenwell, who is also an Alva real estate investor. “I believe we’re treating everyone equal. Whether you’re a large developer or a homeowner. You have land-use rights, and you have to adhere to those land-use rights. I’m a believer in that, and I always will be.”  

Commissioner Cecil Pendergrass made the motion to bring forward the changes. He said public comments seemed more like a rezoning hearing, which it was not. South Seas Resort still will have to bring forth its proposals to the board of commissioners down the road for approval.  

“I read the amendments, and I see what’s on paper and what it means,” Pendergrass said. “That’s what I’m making the motion to move on for.”  

Commissioner Ray Sandelli seconded the motion and thanked the Captiva residents for speaking about their concerns, even though they didn’t get their way.  

“We’ve all wrestled with what this means, near term and long term,” Sandelli said. “I started with the big picture and tried to drill down to what the bottom line is. Change is hard, especially change in challenging times. We’re changing as a state, we’re changing as a county. We have to deal with that.  

“My responsibility is to balance change. That’s no easy task. I had to look out for the best interests of Lee County as a whole.”  

Greg Spencer, CEO of Timbers Co., which paid $50.38 million for the resort in 2021, praised the commissioners and county staff for pushing through the amended land codes, which will make it easier for South Seas to profit from redeveloping the property.  

“This amendment ultimately allows South Seas to submit a zoning application request, which is what we wanted all along, and it will help us move forward with trying to plan on building back our hotel and other parts of our restored resort that was devastated,” Spencer said.  

Spencer grew up vacationing on the islands, and he wants future generations to enjoy similar experiences to what he had in his youth.  

“It’s not just physical capital, it’s emotional and intellectual capital that’s needed to rebuild this place, particularly after a storm like Hurricane Ian,” Spencer said. “And, you know, I’m still grounded and guided by the experience I had as a kid, when I used to go down there. Hopefully, that will be something that will continue to guide me and be a compass to the future, but we’re excited about the future of South Seas.”