Protect Captiva provides update on legal efforts
A coalition seeking to maintain the longtime building height and density limitations on Captiva provided an update on its legal actions.
On Jan. 13, Protect Captiva reported that the Circuit Court recently heard arguments on the Captiva Civic Association’s (CCA) motion for summary judgment. On Jan. 10, the CCA asked the court to find that the 2003 settlement agreement between it and Lee County is valid and enforceable, and that the agreement limits density on South Seas to a maximum of 912 dwelling units — the limit that has been in effect for the past 50 years. The CCA urged the court to grant its motion for the same reasons that the court denied the county/resort’s motion on Jan. 7.
“After vigorous oral arguments on the motion, the judge stated that he stands by his findings of Jan. 7, and that the settlement agreement is a valid, enforceable agreement,” the coalition shared. “He asked the parties to submit proposed orders consistent with his ruling by Wednesday.”
The 2003 settlement agreement provides that: “The total number of dwelling units on South Seas Resorts is limited to 912. No building permits may be issued by the county for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.”
Protect Captiva explained that the agreement to limit building permits on South Seas resulted from a CCA lawsuit in 2003, when Lee County and a South Seas developer sought to increase the density at the resort beyond the 912-unit cap that the Planned Unit Development (PUD) zoning allowed.
The CCA brought the new lawsuit when the county amended its Land Development Code in 2023 to exempt South Seas from the long-standing density limitations of three units per acre at the resort.
The coalition noted that the judge’s written decision could be issued this week.
“It remains to be seen whether Lee County and/or South Seas will choose to appeal,” Protect Captiva reported. “This Circuit Court decision is an important first step in our community’s efforts to protect Captiva from overdevelopment.”
“While this decision does not prevent South Seas from going forward with its rezoning application or the upcoming public hearing — in which our community’s voices must continue to be heard — Lee County now knows that South Seas is limited to 912 dwelling units and that the CCA can seek an injunction to stop the county from issuing more than 912 building permits,” it added.
RESORT REZONING APPLICATION
The public hearing on South Seas’ rezoning application is still set for Feb. 14 and Feb. 20-21.
Protect Captiva reported that despite the expected decision in the settlement agreement case, the resort can still ask to rezone its property. County staff, the Hearing Examiner and county commission will decide whether to approve the application to increase density at the resort from 912 units to 1,268 units.
“We want the county staff and the Hearing Examiner to recommend denial of the application, and for county commissioners to deny it,” the coalition shared.
“To make that happen, Captiva and Sanibel citizens must testify — as they did before — about the county’s wrong-headed decision to increase building heights, density, and resulting evacuation times on a vulnerable island which just experienced three devastating hurricanes in two years,” it added.
DECISION EXPECTED SOON IN STATE CASE
Protect Captiva reiterated that the Lee Plan requires Lee County to limit development to that which is in keeping with the historic development pattern on Captiva. After five days of hearings in August, attorneys for the CCA and the city of Sanibel are hopeful that the Florida Division of Administrative Hearings judge recognizes that the Land Development Code amendments exempting South Seas from Captiva’s density and height limits violate the Lee Plan.
“A decision in this case should issue shortly,” the coalition reported.
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