CORTEZ – The construction of the first Hunters Point Resort & Marina home is underway, but developer Marshall Gobuty is facing a dock-related permitting challenge from a neighboring marina owner.
Development plans for Hunters Point, located on the north side of Cortez Road east of the Cortez Bridge, allow for the construction of 86 single-family homes equipped with solar panels and storage batteries that Gobuty says will result in the homes producing more electricity than they use.
The plans also include a small marina and 47 docks to be constructed along the navigation canal that borders the property to the west, north and east.
In late July, the Cortez Village Marina (MHC Cortez Village LLC) filed a petition with the Florida Division of Administrative Hearings to revoke a permit that the Southwest Florida Water Management District (SWFWMD) issued to Hunters Point (Cortez Road Investments and Finance/CRIF).
The marina alleges that permitting the development’s new docks will hinder boat traffic for marina customers and nearby private property owners who also use the canal.
“Petitioner requests SWFWMD deny the application for, or revoke, the permit; or in the alternative, modify the permit to protect petitioner’s riparian rights and navigational interests,” according to the marina’s petition.
“It is our legal team’s position that this petition is without merit and that SWFWMD correctly issued the permit,” according to a construction update letter that Hunters Point recently sent to home purchasers. “Accordingly, CRIF is committed to fighting the permit revocation and moving forward with the development as originally planned. While CRIF expects to prevail at the hearing in March, this will still cause considerable delays to the commencement of construction of a portion of the development, other than infrastructure.”
Gobuty said his initial discussions with marina representatives produced no resolution to the dock permit dispute.
In the letter to buyers, Gobuty said 76 of the 86 homes have already been purchased, including many along the western canal now subject to the permitting challenge. Construction of the 20 homes along the canal at the western edge of the property remains on hold until the permitting dispute is resolved, he said, adding that construction along the eastern and central portions of the property will proceed.
The Hunters Point homes are currently selling for slightly less than $1 million each, he said.
The letter states that CRIF has obtained final site plan and construction plan approval from Manatee County and is pursuing multiple other development approvals at the local and state levels, including the final subdivision plat for the project.
“There has been an unfortunate delay with a key permit at the state level, specifically, the permit for the construction of the Hunters Point docks,” the letter states. “On March 15, CRIF applied to the Southwest Florida Water Management District for an environmental resource permit to construct the Hunters Point docks surrounding the development site. On June 29, SWFWMD acknowledged the application was in full compliance with all applicable rules and regulations and granted the permit to CRIF without limitation or restriction. With the final site plan approval and SWFWMD permit in hand, and the site cleared and graded, CRIF was planning to commence construction of the Hunters Point project two months ago.”
Gobuty said SWFWMD did deny two of the 49 docks sought, which were to be located along the western portion of the canal, noting that the height of the bridge near the Seafood Shack restaurant and the western end of the Hunters Point property that provides access to the Intracoastal Waterway limits the size of the vessels that can pass beneath it.
“We’re behind schedule, but the good news is you can see all the work that’s going on here now. We’re coordinating our infrastructure at the same time as going vertical on the construction of the homes,” he said.
An administrative law judge is expected to enter a recommended order about 90 days after the requested hearing takes place, according to the letter, which states that the parties will have an opportunity to respond to the recommended order for 90 more days, which could delay the construction of the westernmost homes until next September.
The letter also notes the marina’s owner, MHC, could file an appeal with the circuit court if the developers prevail in the administrative hearing process.
“You should be aware that MHC is owned by Equity Group Investments, founded, and chaired by the multi-billionaire, Sam Zell, so it has the financial backing to take this battle into the courts. Furthermore, despite our confidence that CRIF will persevere, there is always the possibility that the outcome of an administrative hearing or court process could be unfavorable,” the letter states.
The letter also addresses the worldwide material shortages, labor shortages, supply chain interruptions and increased costs developers are experiencing. The letter states these challenges are as serious, if not more serious, than the dock permit dispute and are not expected to be resolved until next summer at the earliest.
The letter advises buyers that if the dock permit challenge and the material and labor shortages persist, the developers may be forced to extend the time needed to construct some homes and/or boat slips.
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