Protect Captiva, a coalition dedicated to preserving Captiva’s character, recently provided an update on their ongoing legal efforts to fight increased building heights and density on the island.
Hearing on Settlement Agreement:
- On July 9th, the Captiva Civic Association (CCA) went before Judge James Shenko to argue against Lee County’s motion to dismiss their complaint. To view the CCA’s opposition to the motion to dismiss, click on CCA OPPOSITION MOTION TO DISMISS.
- The CCA’s complaint centers around a 2003 agreement between the county and CCA, which they believe restricts Lee County from issuing building permits for South Seas that exceed a 912-unit limit.
- Judge Shenko will issue a decision on the dismissal motion by July 16th.
Upcoming Trial on Land Development Code:
- An administrative law judge will hear the CCA’s challenge to Lee County’s amendments to the Land Development Code (LDC) regarding building heights, density, and intensity on Captiva and South Seas. The trial is scheduled for August 19th-22nd and 26th.
- Protect Captiva is confident their expert witnesses will demonstrate how the LDC amendments contradict Captiva’s established development patterns.
- The City of Sanibel is intervening on the CCA’s behalf, while the new owners of South Seas are siding with the county.
South Seas Resort’s Development Plans On Hold:
- South Seas’ latest plan for 196 new condos and two new hotels (435 rooms) was deemed insufficient by Lee County’s Zoning Section.
- The county requires South Seas to address concerns about water availability for existing properties, parking for the new development, and transportation for future employees.
- No hearing will be scheduled until a complete application is submitted.
Stay Informed:
- Links to the CCA’s legal documents (opposition to dismissal motion, response to motion to strike) and Lee County’s insufficiency letter are available on the Protect Captiva website.
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