Hearing moved up for Captiva resort’s rezoning app
The county commission will consider the proposed redevelopment of South Seas next week.
The Lee County Board of County Commissioners has a Zoning and Comprehensive Plan Amendment Hearing now scheduled for Aug. 6 at 9:30 a.m. at the Old Lee County Courthouse in Fort Myers.
It will consider the Captiva resort’s rezoning application, which seeks to rezone about 120 acres from Residential Multiple-Family, Marine Commercial and Two-Family Conservation to Mixed Use Planned Development to allow for “a maximum of 193 multiple-family dwelling units and 435 hotel units with accessory uses and structures, common infrastructure, and resort amenities.”
As part of its consideration, the board will review the recommendation made by the Lee County Hearing Examiner and then make a final decision in the case.
On July 9, Chief Hearing Examiner Donna Marie Collins issued her written finding following days of hearings in February, March and April. She recommended approval, subject to certain conditions.
“The basis of this recommendation was informed by testimony, evidence, the Lee Plan, Land Development Code, and recommended conditions of approval,” Collins wrote in her conclusion.
“The Hearing Examiner finds the MPD (Mixed Use Planned Development) district meets LDC (Land Development Code) criteria and, as conditioned, is compatible with surrounding land uses,” she continued. “163 site and building design features promote storm resilience and further Lee Plan policies protecting public health, safety, and welfare. The proposed redevelopment of the property is consistent with the property’s historic use as a resort destination.”
Collins added that she revised the conditions for clarity, compliance with state law and to remove references to the Land Development Code applicable to development by one of the conditions.
Protect Captiva, a coalition that seeks to maintain the longtime building height and density limitations on the island and stands in opposition to the proposed redevelopment, has argued that the Hearing Examiner’s finding fails “to recognize or acknowledge the factual and legal complexities of the case.”
At the Aug. 6 hearing, statements before the commission will be limited to testimony presented to the Hearing Examiner, testimony concerning the correctness of the findings of fact or conclusions of law contained in the record, or to allege the discovery of new, relevant information that was unavailable at the time of the hearing before the Hearing Examiner.
“Although only the 52 witnesses who testified before the Hearing Examiner will be permitted to address the county commissioners for up to three minutes, we urge everyone to attend to show their support for the speakers and their opposition to the rezoning application,” the coalition reported. “Witnesses can prepare written statements, which they can read.”
It reported that the Captiva Civic Association (CCA) and its attorneys will oppose the rezoning and point out legal and factual errors in the Hearing Examiner’s recommendation of the application.
Protect Captiva also noted a standing final judgement by the Circuit Court.
“Regardless of any decisions made in the county’s rezoning hearings, the Circuit Court in Lee County has ruled in favor of the CCA and has confirmed that South Seas is limited to 912 units — period,” the coalition reported. “Under the 2003 mediated settlement agreement, which has been deemed valid and enforceable by the court, the county cannot issue building permits in excess of that number at any time.”
“Unless the Circuit Court ruling is reversed on appeal, the density limits at South Seas will remain in force,” it added. “Both South Seas and the county have appealed, and our appellate attorneys are working diligently to defend our victory in the Circuit Court.”
To view the hearing agenda and supplemental materials, including the Hearing Examiner’s recommendation, click on LEE COUNTY HEARING.
The Old Lee County Courthouse is at 2120 Main St., Fort Myers.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email