Under the 2003 Mediated Settlement Agreement between CCA and Lee County, the County agreed that the total number of units on South Seas would never exceed 912 units. The 912-unit count constitutes a density limit of three units per acre on the 304-acre resort which has governed South Seas for more than 50 years. The Circuit Court ruled that the Settlement Agreement limiting South Seas to 912 units is both valid and enforceable.
Both South Seas and the County have appealed that decision in separate appeals in order to get “two bites at the apple” before an appellate panel. Our lawyers have asked the Court to consolidate the appeals and set a briefing schedule. The Motion to Consolidate can be read here.
If the Circuit Court decision is upheld, the County can never issue more than 912 building permits for hotel or residential dwelling units on South Seas regardless of the recommendation of the Hearing Examiner or the decision of the Commissioners in the current rezoning case.