Updates
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 […]
Read MoreOn 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 […]
Read MoreGiven 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 […]
Read MoreIn 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 […]
Read MoreDespite 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 […]
Read MoreOn 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 […]
Read MoreAs 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 […]
Read MoreThe 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 […]
Read MoreThe new owners of 120 acres of the 304-acre South Seas Island Resort have applied to rezone its property in order to build 196 two-to-four-bedroom condominiums and two hotels with 435 rooms. Currently, 272 units are permitted on the 120 acres now owned by Timbers Resorts, the Ronto Group, and Wheelock Street Capital. The application seeks permission […]
Read MoreThe Lee Plan requires the County to “enforce” development standards that maintain the historic low-density residential development pattern of Captiva, to “continue” existing land use patterns, and to “limit” development to that which is in keeping with the historic development pattern on Captiva. CCA claims that the Land Development Code amendments passed by the County to […]
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