The Lee Plan devotes an entire Chapter to the protection of the barrier island of Captiva — requiring the County to maintain and enforce development regulations that continue the historic development pattern on Captiva and South Seas. The Administrative Law Judge misread the Lee Plan to allow amendments to the County’s Land Development Code that repealed the hotel room density and building height limits at South Seas, as well as increasing building heights on all of Captiva. The Judge’s misinterpretation of the Lee Plan, and erroneous ruling that the hotel density and height increases allowed by the changes to County regulations were not relevant to the case before her, require reversal of her decision.
While other legal actions address development at South Seas, this appeal, if successful, will confirm that building heights on Captiva are limited to 28 feet above base flood elevation with two habitable floors, rather than 35 feet above base flood elevation with three habitable floors. Our appellate brief in this case is due shortly and, when filed, will be attached to a future Legal Update.