As discussed in prior Updates, the Lee Plan requires 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 The Administrative Law Judge misread the Lee Plan to allow amendments to the County’s Land Development Code that repealed the hotel room density and building height limits at South Seas, as well as increasing building heights on all of Captiva.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 ruling that potential increases in hotel density and height allowed by the changes to County regulations were not relevant to the case before her, was a serious error. While other legal actions address development at South Seas, this appeal, if successful, could 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. CCA’s appellate brief in this case has been fully adopted by the City of Sanibel and can be read here.
