Since September 2023, approximately $500,000 of legal work has taken place in our efforts to maintain Captiva’s existing density and height limits. Our efforts have gained momentum on three fronts:
- Completing an administrative hearing to prove that the new Code amendments are inconsistent with the Lee Plan;
- Successfully opposing the County’s motion to dismiss our State Court lawsuit to enforce the 912-unit cap at South Seas;
- Objecting to each of the four revised South Seas rezoning applications that the County agrees are not yet sufficient.
We started with significant donations from the Captiva Civic Association, the Captiva Community Panel, SCCF, and the “Ding” Darling Wildlife Society. Additionally, the City of Sanibel has authorized its City Attorney to work with our lawyers. We have received over 1,200 donations from Captiva, Sanibel, and beyond. It has been an outstanding community effort.
Thanks to the generosity of our community, we have now reached our initial goal of $750,000. To make sure we have the resources to continue our work, and to do whatever is legally possible and prudent to protect Captiva from overdevelopment, we need to raise another $750,000 in legal funds over the next few months. Our lawyers are working hard for us and are reducing their rates for this important cause. Our four major organizational contributors are being asked to jumpstart this new drive with a second major donation. And we’re now asking everyone who has already made a contribution to also help jumpstart this drive by making another contribution matching his or her initial donation. We realize this is a big ask but the future of Captiva (and Sanibel) depends upon the work of our attorneys.
YOUR TAX-DEDUCTIBLE CONTRIBUTION CAN BE MADE HERE.
What We’re Working to Accomplish
In 1973, the 304-acre South Seas Resort was rezoned by the County to 3 units per acre for both dwelling and hotel units – with a cap of 912 units. The 912-unit cap has remained in effect for more than 50 years. In 1982, at CCA’s request, the County also limited density on the rest of Captiva to 3 units per acre for both dwelling and hotel units. That density limit has remained in effect for more than 40 years. The Lee Plan requires the County to “enforce development standards that maintain the historic low-density residential development pattern of Captiva” and “limit development to that which is in keeping with the historic development pattern on Captiva.” State Law requires that Land Development Code amendments be consistent with the Lee Plan.
THE NEW CODE AMENDMENTS ARE NOT CONSISTENT. The amendments exempt South Seas from the historic density and height limitations and remove any limit on the number of hotel rooms that can be built at South Seas. The amendments also permit another habitable floor to be built on homes outside of South Seas. Our legal intervention in three different actions is aimed at one result: to limit development on South Seas to 3 units per acre – the 912-unit cap in place for over 50 years; and to keep heights both inside and outside of South Seas to their historic limits.
What’s Been Accomplished & What’s Next to Come
First, we just finished 5 days of trial before an Administrative Law Judge after taking or defending 20 depositions and presenting or cross-examining 14 witnesses. We believe the record of the trial proves that the new Code amendments are inconsistent with the Lee Plan which requires the County to maintain the historic development pattern of Captiva. There are additional legal steps to be taken before and after the Judge issues a decision, including the drafting of our final legal position in the case and the possibility of going before the Governor’s cabinet tasked with enforcing the Judge’s final order. We hope to have a final outcome in this case by the end of the year.
Second, we prevailed in opposing the County’s motion to dismiss our State Court lawsuit to enforce the 2003 Settlement Agreement between the County and CCA which 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 can now move ahead to enforce the agreement either by motion for summary judgment or by a trial on the matter. We hope to have a final decision in this case by the end of the year.
Third, after providing comment letters from our attorney to the County explaining our objections to each of the four revised South Seas rezoning applications, the County has yet to find the Resort’s rezoning application sufficient. When deemed sufficient, the application will be assigned to a hearing examiner who will hear witness testimony and decide all of the environmental, height, density, traffic, evacuation and compatibility issues related to the Resort’s application seeking to build 196 condominiums and 435 hotel units – including whether the application to increase heights and density is consistent with the Lee Plan. We intend to be full participants in the hearing with our expert witnesses explaining why South Seas should be limited to its historic development pattern of 912 units.
Thank You for Continuing Your Support!
As you can see, much has been accomplished. But there is much more legal work to do. And that takes resources. So once again, we thank you for all you have done and we’re asking that you show your generous support once again by matching your previous contributions if possible. Please help us continue our efforts to “Protect Captiva.”
YOUR TAX-DEDUCTIBLE CONTRIBUTION CAN BE MADE HERE.