Updates
The Lee Plan devotes an entire Chapter to the protection of the barrier island of Captiva — requiring the County to maintain and enforce development regulations that continue the historic development pattern on Captiva and South Seas. The Administrative Law Judge misread the Lee Plan to allow amendments to the County’s Land Development Code that repealed the hotel room density and building […]
Our Circuit Court Decision Limiting South Seas to 912 Units Still Controls Development on South Seas
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 […]
We continue to retain the best land use and trial attorneys, and now the best representation for the appellate work. We will do everything possible to defend the Circuit Court decision which limits South Seas to 912 units for all time. Both South Seas and the County have appealed that important decision because if upheld by the […]
After hearing from 52 members of the public opposing the South Seas rezoning application, the resort will attempt to rebut the opposition’s testimony and exhibits on April 8. Captiva and Sanibel witnesses demonstrated that the increase in density from 272 to 628 units on the applicant’s property (causing a total increase from the allowable 912 units […]
Legal representation by our land use and trial attorneys could not have been better. And our planning, traffic, and evacuation experts at the Rezoning Hearing were compelling. We are now retaining the best representation for the appellate work. To do so will require additional funding. To date, the Captiva and Sanibel communities have been extremely generous with their support. As we move forward […]
No matter what happens in the rezoning case, South Seas cannot exceed the 912-unit cap unless our Circuit Court decision is reversed. For that reason, both South Seas and Lee County have appealed Judge Shenko’s decision — and CCA has retained a highly-regarded appellate firm to defend this important decision. Our attorney’s first letter to the appeals […]
On Feb. 20, 21, 26, 28, and March 20 and 21, the Hearing Examiner in the South Seas rezoning case heard from Captiva Civic Association’s (CCA) attorney and expert witnesses, from representatives of the majority of South Seas property owners and attorneys opposing the application, from the Captiva Community Panel, from SCCF, from Sanibel’s Mayor […]
On Feb. 20, 21, 26, and 28, the Hearing Examiner in the South Seas rezoning case heard from the Captiva Civic Association’s (CCA) expert witnesses, from South Seas property owners and attorneys, from the Captiva Community Panel, from SCCF, and from Sanibel’s City Councilmembers, its City Manager, and Deputy Police Chief — all explaining why […]
The Hearing Examiner in the South Seas rezoning case has been hearing testimony from Protect Captiva’s attorneys and expert witnesses since last Thursday — explaining why the increases in density and building heights should not be approved. The hearings on Feb. 20 and 21 can be viewed on YouTube. Starting again on Wednesday, Feb. 26, additional expert witnesses […]
The third day of the hearing to consider South Seas’ application to build 435 hotel units and 193 two to four-bedroom condominiums continues this morning in Fort Myers. South Seas and the County staff completed their presentations to the hearing officer yesterday morning and CCA and Protect Captiva, which began their expert witness presentation in […]