Yes, they’re related. For the County to have approved the increase in density and building heights on South Seas, it had to first amend its Land Development Code, exempting South Seas from Captiva’s longstanding hotel density and height limits over the objections of Captiva residents, and then convince a DOAH judge that the amendments were consistent with the Lee Plan. Then, a County Hearing Examiner and the Board of County Commissioners had to approve South Seas’ rezoning application, which gave South Seas 356 additional units on its property – some at heights greater than any building on Captiva. In addition, the Court of Appeal had to rule that the 2003 Settlement Agreement, enforced by the Circuit Court and which limited South Seas to 912 units, was not a valid agreement.
BUT THESE COUNTY AND COURT DECISIONS ARE UNDER APPEAL.
First, CCA argues that the amendments to the Land Development Code were not consistent with the density limits and Captiva’s historic development pattern required by the Lee Plan, making the amendments invalid. THAT’S THE MOTION FOR A REHEARING AND CERTIFICATION IN THE DOAH CASE.
Second, 20 Petitioners argue that the Hearing Examiner and the Board of County Commissioners violated the density limits incorporated into the Land Development Code when they approved the rezoning application. They also argue that the Hearing Examiner and the Board of County Commissioners ignored the amendment process applicable to South Seas property owners on an existing planned development and violated their due process rights. THAT’S THE PETITION FOR WRIT OF CERTIORARI TO BE HEARD IN CIRCUIT COURT ON AUG. 4.
Finally, CCA contends that the Court of Appeal misinterpreted “contract zoning” and was wrong to reverse the Circuit Court decision enforcing the 2003 Settlement Agreement. THAT’S THE MOTION FOR REHEARING AND CERTIFICATION TO THE FLORIDA SUPREME COURT. If CCA or the 20 Petitioners prevail in any of these cases, the rezoning and increased development on South Seas will require reconsideration – pending, of course, further appeals by the County or South Seas.