Panel hears about Rauschenberg, legal efforts
The Captiva Community Panel was updated on the Rauschenberg property and on the legal efforts related to South Seas and Lee County at its recent meeting, as well as heard about a proposed project.
On March 10, Panel President David Mintz reported that the Rauschenberg Foundation sold its approximate 22 acres on the island to South Seas, according to reports. The resort apparently bought the land for about $3 million less than what the Captiva-friendly investor had offered for its bid.
In addition, he reported that a redevelopment plat map for the portion of the Rauschenberg property along Captiva Drive on the Gulf side has been uploaded to the Lee County Property Appraiser’s website. Submitted by The Ronto Group — part of the owners group for South Seas — the land has been subdivided into 47 lots, with some less than 50 feet in width and less than 75 feet in depth.
Mintz noted that the current zoning requirements call for at least 75 feet by 100 feet, so it appears the new submitted map allows for greater density than what is allowed, which goes against the zoning.
He continued that he has been in communications with the county and the property appraiser in an attempt to see if there is any legal standing for the redeveloped map or it if was just uploaded as such.
Mintz added that the county did not seem to aware of the new map.
Also during the meeting, he provided an update on behalf of Protect Captiva — the coalition seeking to maintain longtime building height and density limitations on the island — and the pending lawsuits.
He gave an overview of the cases, along with new updates for a couple of them.
In one, South Seas is claiming that the 912-unit limit in a 2003 settlement agreement between the county and Captiva Civic Association (CCA) did not include hotel units, and it filed a lawsuit against the CCA for saying that it did. The CCA recently filed a motion in the case to prohibit discovery.
Mintz reported that Circuit Court Judge James Shenko decided that it was too early in the case for such a motion. He denied the motion but without prejudice, so the CCA could ask for the prohibition later.
He continued that days later, the resort filed a motion to disqualify Shenko from the case.
Mintz reported that South Seas is claiming that it cannot get a fair trail before the judge, so it has asked for his disqualification from the case. He noted that they will see how Shenko responds to the motion.
In another case, the CCA, R.L.R. Investments and Royal Shell Vacations, 12 South Seas condominium associations, and eight South Seas timeshare associations filed a petition for writ of certiorari seeking to invalidate the county’s move to rezone the resort to allow for increased density and building heights.
Minzt reported that Shenko has ordered South Seas and Lee County to respond. Once received, the petitioners will have 30 days to reply and then oral argument will be scheduled before the judge.
He estimated that oral argument would not take place until June or July.
On a related note, Suraya — a home adjacent to South Seas’ new Beach House Restaurant — filed a separate petition for writ of certiorari seeking to invalidate Lee County’s approval of the resort’s rezoning application, claiming that it “willfully ignored the clear mandates of its Land Development Code by not requiring a buffer” between the house and restaurant.
Mintz reported that he thinks an answer has been filed and a response is being drafted.
In a third case, South Seas is claiming that the panel failed to fully respond to its public records request seeking documents and emails relating to it, including communications with community members who testified during the county’s rezoning proceedings before the Lee County Hearing Examiner and county commission.
He reported that the initial depositions were canceled, so they are waiting to see how it proceeds.
Additionally, Mintz reported that a new lawsuit has been filed against the resort by the builder of South Seas’ new Captiva Landing. The company is claiming that its contract with the resort for the water feature was about $5.5 million, and the resort has failed to pay approximately $621,000 of the total bill.
Also at the meeting, the panel reviewed a proposed addition for 14865 Mango Court.
Before the presentation by the homeowners, Mintz explained that applicants seeking a variance from the county under the Captiva Code are required to hold a public meeting as part of the process. The panel suggests that property owners present at one of its meetings because that meets the requirement.
Owner Brittney Mechlin presented on behalf of her husband and her.
She provided some background about them and their purchase of the home, explaining that the property is in need of TLC, and they are working on landscaping and are planning to add a pool at some point.
Mechlin continued that their request is to have the front setback reduced from 25 feet to 17 feet to allow for the addition of a bedroom and bathroom. They had planned to add it to the back of the home where no variance would be needed, but they encountered septic system issues so it will not work.
There were no objections to the proposal from the panel or those in attendance.
IN OTHER NEWS
– Panel Secretary Jay Brown provided an update as chair of the Stormwater Committee.
He reported that the computer of the county’s consultant on the stormwater management study for Captiva was hacked. A final report on the modeling was expected to be available by the end of April.
Due to the hacking, it will likely be delayed a couple of months, perhaps into the summer.
– Captiva Erosion Prevention District (CEPD) General Manager Brighton Heard provided updates.
He reported that they marked all of the dune system paths, and the data will be provided to the county for its records. Property owners who historically had one but do not now should contact the CEPD.
In addition, signs alerting beach-goers to stay off the dunes have been installed in recent weeks. The public can contact the CEPD if it notices foot traffic in areas with no signs, so they can be added.
Also, its Australian Pine Removal Program for Captiva properties is continuing.
Heard added that island property owners can contact the CEPD for iguana removal needs.
– Lee County Sheriff’s Office Sgt. Rich Zeltman provided a staffing update.
He reported that he has taken a position with the agency off island and would be leaving his post effective that week. His replacement is Sgt. Adam Winton, who he introduced at the meeting.
The panel voiced appreciation and gratitude to Zeltman for his service to the community.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email