The Protect Captiva coalition, dedicated to preserving Captiva’s longstanding building height and density limitations, has provided an update on its legal actions.
Court Validates 2003 Settlement Agreement
On January 13, Protect Captiva announced that the Circuit Court recently heard arguments regarding the Captiva Civic Association’s (CCA) motion for summary judgment. On January 10, the CCA petitioned the court to uphold the 2003 settlement agreement between it and Lee County, asserting that the agreement remains valid and enforceable. The settlement limits South Seas Island Resort’s density to a maximum of 912 dwelling units — a cap that has been in place for over five decades.
The CCA urged the court to rule in its favor based on the same reasoning used to deny the county and resort’s motion on January 7. Following a rigorous hearing, the judge affirmed his earlier findings that the 2003 settlement agreement is indeed valid and enforceable. The court has directed both parties to submit proposed orders aligned with this ruling by Wednesday.
Background on the 2003 Settlement Agreement
The settlement agreement explicitly states:
“The total number of dwelling units on South Seas Resort is limited to 912. No building permits may be issued by the county for dwelling units within South Seas Resort that will cause that number to be exceeded at any time.”
This agreement arose from a 2003 lawsuit filed by the CCA, challenging Lee County and a developer’s efforts to increase the resort’s density beyond the Planned Unit Development (PUD) zoning limit of 912 units. The latest legal action by the CCA was prompted by a 2023 amendment to the county’s Land Development Code, which exempted South Seas from the island’s long-standing density cap of three units per acre.
A written decision from the court is anticipated this week.
“It remains to be seen whether Lee County and/or South Seas will choose to appeal,” Protect Captiva reported. “This decision marks a significant first step in our community’s efforts to safeguard Captiva from overdevelopment.”
Impact on Rezoning Application
While this ruling reinforces the 912-unit cap, it does not prevent South Seas from pursuing its rezoning application. The resort has requested to increase density to 1,268 units, with public hearings scheduled for February 14 and February 20-21.
Protect Captiva emphasized the importance of community participation in these hearings:
“We want county staff and the Hearing Examiner to recommend denial of the application, and for county commissioners to reject it. Captiva and Sanibel residents must testify, as they have before, to highlight the dangers of increasing building heights, density, and evacuation times on an island that has endured three devastating hurricanes in two years.”
State-Level Legal Case Nearing Decision
Protect Captiva also provided an update on its ongoing state case. The CCA and the city of Sanibel argue that amendments to the Land Development Code, which exempt South Seas from density and height restrictions, violate the Lee Plan. The Lee Plan mandates that development on Captiva align with its historic patterns.
After five days of hearings in August, attorneys for the CCA and Sanibel are optimistic that the Florida Division of Administrative Hearings will rule in their favor. A decision in this case is expected soon.
Community Efforts Remain Crucial
Protect Captiva concluded by urging continued community involvement:
“This Circuit Court decision reinforces that South Seas is bound by the 912-unit cap, and the CCA can take legal steps to ensure it is enforced. However, the fight is not over. Together, we must ensure our voices are heard at the upcoming public hearings and continue to advocate for the preservation of Captiva’s unique character and environment.”
For more updates and details on how to get involved, visit Protect Captiva’s website.
