Mid-February Legal Update

As previously reported, the Protect Captiva coalition continues to make its case against increased density and building heights on two separate fronts — in a Petition with the state challenging the Code amendments that allow for increased density and building heights on South Seas, and against the South Seas rezoning application filed with the County that seeks to rezone its property to include 272 condominiums and 435 hotel rooms.

First, the Petition challenging the land development code amendments that exempt South Seas from Captiva’s density and height limitations as inconsistent with the Lee Plan is now ready to be submitted to the State Land Planning Agency for its review since the County has not agreed to voluntarily repeal the challenged Code amendments. Read the Petition.

Second, the South Seas Island Resort has now filed its application with the County to rezone its property “to allow for a maximum of 272 multi-family dwelling units . . . and 435 hotel/motel rooms with accessory uses and structures.” After initial review, the County’s Zoning Section advised South Seas that its application was insufficient and provided a nine-page letter explaining the insufficiencies on Jan. 18.

Read the County letter on insufficiency

Coalition Attorney Outlines Issues, Next Steps

In addition, our Attorney provided the County’s Zoning Section with a 16-point letter on Feb. 6 not only explaining why the South Seas application was insufficient but also why the South Seas application for increased density and height should not be approved.

The letter explained:

  • Why the resort is limited to 912 units and why the additional 435 hotel units violate prior zoning agreements and rulings
  • Why building heights upwards of 65 feet are unacceptable and violate the Lee Plan
  • Why the applicant failed to show that available potable water and sewage treatment could handle the increased density
  • Why its request for deviations violate the Lee Plan
  • Why its traffic analysis and parking plans are inadequate
  • Why its evacuation plans are not realistic

Our Attorney also advised the County that the coalition intends to fully participate in the hearing examiner process to formally oppose the rezoning application if and when the South Seas application is deemed sufficient.

Thanks to those of you who support our efforts to Protect Captiva!

Please forward this update to friends and neighbors who share our concerns.