CCP updated on continuing legal efforts, more
The Captiva Community Panel received updates on ongoing initiatives at its recent meeting, including the South Seas rezoning and Lee County legal efforts and a proposed survey on possible annexation.
On May 14, Vice President David Mintz outlined the updates from the Protect Captiva coalition, of which the panel is a member, regarding South Seas’ redevelopment and rezoning and the county.
He reported that the coalition has filed a complaint in Florida’s Circuit Court seeking to enforce the 912-unit density limit at the Captiva resort. The county must answer the complaint by May 24.
In addition, Mintz reiterated that Protect Captiva filed a petition with the county and then the Florida Department of Commerce as part of a two-step process. The petition argued that the Land Development Code amendments passed last year by the county are inconsistent with the Lee Plan.
He reported that the state agency held its informal hearing and released its findings, clearing the way for the coalition to now seek a formal hearing before an administrative law judge with the Florida Division of Administrative Hearings. Protect Captiva’s attorneys are currently working on filing that.
“We are as confident as one can be, under the circumstances, that our case is a strong case and better than the county’s case on this matter,” Mintz said.
He also reported that on April 25, the county’s Zoning Section rejected the revised plan application submitted by South Seas. The application cannot proceed to a public hearing until it is complete.
Also during the meeting, President Jay Brown reiterated that he spoke of conducting a preliminary survey of Captiva residents to gauge their stance on possible annexation with the city of Sanibel.
He reported that a proposed survey was drafted and it made some assumptions within the wording, including that Captiva would continue to be managed under the Captiva Plan, there would be no significant impact to property taxes and Captiva would probably be represented on the city council.
Brown continued that the survey was shared with the council at its recent meeting.
“There was quite a bit of concern amongst the council members about doing the survey, and particularly in the way it was worded,” he said.
Brown explained that the council was concerned Sanibel residents would see the survey and start making assumptions that the council had agreed to what was in it and there could be backlash.
Based on the feedback, he will look at other ways to do a survey.
Mintz called it prudent to return to the drawing board to avoid misinterpretations.
“We just want to make sure that if we even look at annexation as a possible option that we want to do it in the best way possible, so that everybody understands exactly what we’re doing and, more importantly, exactly what we’re not doing,” he said.
IN OTHER NEWS
– Mintz provided an update on a proposed Captiva Drive crosswalk at Sunset Captiva, just south of Jensen’s Marina from the bayside condos to the homes. The county’s Department of Transportation is planning to send a team out to look at the area and will get back with the panel within 30 days or so.
“Let us know whether it’s feasible,” he said. “So they are actually doing a feasibility study.”
– Captiva Island Fire Control District Fire Chief Jeff Pawul reported that the EMS helicopter landing zone at the Rauschenberg property is back up and operational. He noted that the Rauschenberg Residency updated the site to make it a dedicated permanent zone as part of its larger property project.
“We’re glad to have that back and just want to thank them for making that happen,” Pawul said.
– Lee County Sheriff’s Office Sgt. Rich Zeltman reported that ATVs have been seen on Captiva Drive.
“That’s illegal to drive your off-road, side-by-side ATVS on Captiva Drive on the roadway or the beaches,” he reminded the public. “We’ve noticed that and we’re enforcing it.”
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email