A land use covenant existed requiring the Calusa Golf Course to remain a golf course for 99 years. It was signed in 1968 and was valid until 2067! The owner of the golf course requested to release the covenant in order to develop the land and build a largescale residential development. This covenant was meant to protect the land, and gave the owners within 150 feet of the golf course, also called “ring owners”, the responsibility to protect the covenant, the land, and their community. This is something they should take very seriously! To remove the covenant, 75% of the ring owners would need to agree and give consent to remove it, AND the commissioners also need to agree. The covenant was released October 29, 2020 by the Board of County Commissions at a public hearing with signed releases on record for 123/146 “ring” homes.
When the County Board of Commissioners voted to release the 99 year Covenant, this automatically allows up to 32 single family homes without a new application (current zoning). The Covenant remains on the 5 superior lots (since it was a partial release of the Covenant) but the applicant has not said why they didn’t request a full release. The owner/developer will need to submit a new zoning application with the complete proposed development plan which will have additional public hearings if they want to develop anything other than 32 single family homes. Stay tuned!