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Lee Planning Agency OK’s Captiva Code

By Staff | Jun 8, 2012

At its May 31 hearing, the Local Planning Agency voted unanimously to find the Captiva Land Development Code amendment consistent with the Lee Plan, which moves it on to the Board of County Commissioners for final approval. The LPA supported the community in the two items where staff recommended the LDC language be removed, with one change:

The seven-day term for RSC-2 rentals was approved as is, even though the county argued it was unenforceable. The LPA accepted that this was language the community wanted to include, and that setting a specific rental term would enhance self-enforcement by property owners and give the county a rule to enact in the case of provable and egregious violators.

The requirement to show proof of septic system maintenance with any permit application was likewise approved, with a change suggested to alter the language from “written documentation of an OSTDS pumpout by a licensed septic contractor within the past two years” to read “written documentation of the most recent OSTDS pumpout by a licensed septic contractor.” This was done to mollify the county attorney who was arguing that the two-year limit was not allowed by state law, which specifies nothing could be less than five years.

Requiring proof will at least force a pumpout to occur if no documentation can be found, and will also make data collection on the island’s OSTDSs possible if that’s something useful in the future. Since the county is looking into its own ordinance to mandate septic inspections every five years (details to follow), this discussion clearly will continue.

The next step will be two public hearings before the county commission, which will be on vacation June 26 to early August. Public hearings must be scheduled on either the second or fourth Tuesday, but the expectation is the first hearing would be on the fourth Tuesday (Aug. 28).