Protect Captiva provides update on legal efforts
A coalition seeking to maintain the longtime building height and density limitations on Captiva recently provided updates on its legal actions.
On Nov. 12, Protect Captiva reported that after four failed attempts by South Seas, the resort’s rezoning application to increase density and building heights was found sufficiently complete by the Lee County Department of Community Development to be tentatively scheduled for a public hearing before the Lee County Hearing Examiner commencing on Feb. 26.
“As reported earlier, the hearing examiner will take public testimony and decide all of the density, height, environmental, traffic, evacuation and compatibility issues related to the resort’s application to build 196 condominiums and 435 hotel units — including whether the application to increase heights and density is consistent with the Lee County Land Development Code (LDC) and Comprehensive Plan,” the coalition shared.
Protect Captiva continued that it intends to be full participants in the hearing with its expert witnesses explaining why South Seas should continue to be limited to its historic development pattern of 912 units. It will also work with community members to assist with their appearances at the hearing and to make sure that their voices are heard in the process.
To view the county’s sufficiency letter, click on SUFFICIENY LETTER.
To view the most recent legal comments from the coalition in opposition to the application, click on PROTECT CAPTIVA COMMENTS.
To view the most recent legal comments from the 12 South Seas Associations in opposition to the application, click on SS ASSOCIATIONS COMMENTS.
In addition, Protect Captiva reported that after five days of trial before the administrative law judge, the transcripts have been provided to the parties so that they can draft and submit their proposed final orders to the judge.
“We continue to believe that the record of the trial proves that the recent LDC amendments which exempt South Seas from the hotel density limits that apply to all other property owners on Captiva are inconsistent with the Lee Plan which requires the county to maintain the historic development pattern of Captiva,” the coalition shared. “If the judge agrees, we will seek immediate repeal of the LDC amendments and petition the governor’s office to do its duty to enforce the judge’s order.”
Additionally, Protect Captiva reported that after successfully opposing the county’s motion to dismiss its state court lawsuit to enforce the 2003 Settlement Agreement, the judge is soon to hear cross-summary judgment motions from the Captiva Civic Association, Lee County and South Seas on the validity of the agreement.
The coalition noted that the 2003 settlement agreement between the CCA and county provides that “the total number of dwelling units on South Seas Resort is limited to 912” and that “no building permits may be issued … that will cause that number to be exceeded at any time.”
“We believe that the judge will understand that the 912-unit limit on South Seas has been in effect for more than 50 years, and that the settlement agreement that enforced the density limit of 912 units in 2003 is both valid and enforceable today,” Protect Captiva shared.
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