Updates

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 […]

The hearings on South Seas’ rezoning application will commence on Friday, Feb. 14. The hearings will be broadcast live on LeeTV for those who cannot attend. But, it is important that our Captiva and Sanibel communities attend these hearings to have their voices heard. We want the Hearing Examiner to understand why the community so strongly opposes the efforts by South […]

It is now more important than ever that our Captiva and Sanibel communities attend these hearings to have their voices heard. We want the Hearing Examiner to understand why the community has so strongly opposed the efforts by South Seas to increase the 912-density cap on the resort by 356 units. We also want the Hearing Examiner and the Board of […]

On Feb. 5, the Circuit Court Judge issued his Order and Final Declaratory Judgment declaring that the 2003 Settlement Agreement between Captiva Civic Association (CCA) and Lee County constitutes a valid and binding agreement. The Judge declared that Paragraph 3 of the Settlement Agreement is clear and unambiguous. According to the Order: “The total number of dwelling […]

Given the conflicting decisions on South Seas, it is more important than ever that our Captiva and Sanibel communities attend these hearings to have their voices heard. The hearings will take place at 9 a.m. in the Chambers of the Board of County Commissioners located at 2120 Main Street, Fort Myers. On Feb. 14, South Seas will present its […]

In a disappointing decision, the Judge in the case before the Division of Administrative Hearings (DOAH) found that the Captiva Civic Association (CCA) failed to prove “beyond fair debate” that the Code amendments that exempted South Seas from the Captiva density and height limits were inconsistent with the Lee Plan. According to the Judge, “Petitioner presented a strong case that […]

Despite the expected decision in the Settlement Agreement case, South Seas can still ask to rezone its property. County Staff, the Hearing Examiner, and the County Commissioners will have to decide whether to approve the South Seas application to increase density on the resort from 912 to 1268 units. We want the County Staff and the […]

On Friday, Jan. 10, the Circuit Court heard arguments on CCA’s Motion for Summary Judgment. The CCA asked the Court to find that the 2003 Settlement Agreement between CCA and the County is valid and enforceable, and that it limits density on South Seas to a maximum of 912 dwelling units – the limit that […]

As discussed before, the Lee Plan requires the County to limit development to that which is in keeping with the historic development pattern on Captiva. After five days of hearings last August, attorneys for CCA and the City of Sanibel are hopeful that the Administrative Law Judge recognizes that the Code amendments which exempt South Seas […]

The Circuit Court heard arguments on the Motion for Summary Judgment filed by the County and South Seas on Dec. 18. At the close of the hearing, the Judge asked both parties to submit competing proposed orders on the County/South Seas Motion by Dec. 30. In our last update, we attached CCA’s proposed order submitted to the […]