The Hearing Examiner’s recommendation fails to recognize or acknowledge the factual and legal complexities of the case. The recommendation simply rubberstamps the South Seas application, which the County facilitated and supported. The Hearing Examiner does a great disservice to the Captiva and Sanibel communities.
The Board of County Commissioners (BoCC) will review the recommendation on Aug. 20 during a public hearing where the Captiva Civic Association (CCA) and its attorneys will oppose the rezoning and point out the many legal and factual errors in the Hearing Examiner’s recommendation. Protect Captiva will provide more information about the BoCC hearing in the next “Legal Update.”
BUT MOST IMPORTANTLY — density on South Seas remains limited to 912 units under Judge Shenko’s Circuit Court decision. The Final Declaratory Judgment provides that the County cannot issue building permits that will allow the 912 cap to be exceeded at any time. Both South Seas and the County have appealed that case; briefing at the appellate court is ongoing; and oral argument has yet to be scheduled. The DOAH decision regarding the land development code amendments is also under appeal; briefing is not complete; and oral argument has not been set.