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Hunters Point files complaint against Cortez Village Marina

Hunters Point files complaint against Cortez Village Marina

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – The Cortez Village Marina ownership group is named in a new complaint that alleges the marina is being operated without a state-issued environmental resource permit or is being operated in violation of that permit.

Representing developer Marshall Gobuty’s Hunters Point Resort & Marina ownership group, Cortez Road Investments & Finance Inc. (CRIF), attorney Susan Martin filed the complaint with the Florida Department of Environmental Protection (FDEP) on Aug. 22.

The complaint seeks injunctive relief to stop the alleged “illegal activities” of the MHC Cortez Village LLC marina ownership group.

The complaint notes Cortez Village Marina is part of the Loggerhead Marinas group that owns 23 marinas throughout Florida and is affiliated with Equity LifeStyle Properties – a company that owns a controlling interest in more than 400 manufactured home communities, RV resorts and campgrounds.

The complaint names MHC Cortez Village LLC, Loggerhead Marinas and FDEP as respondents and says, “CRIF requests enforcement, including a temporary injunction, followed by the permanent injunction, to stop the illegal activities of the marina to avoid irreparable environmental impacts and harm to CRIF’s private canal.”

The new complaint is part of an ongoing dispute between Cortez Road Investments and MHC Cortez Village regarding the proposed construction of 49 Hunters Point docks along the privately-owned canal that borders the Hunters Point property on the three sides.

Hunters Point files complaint against Cortez Village Marina
The canal area highlighted in blue is owned by Hunters Point and extends to the Cortez Village Marina’s western boundary, on the right. – Manatee County Property Appraiser | Submitted

Built in the late 1950s, the man-made canal extends from the humpback bridge at 127th Street West to the eastern edge of the Holiday Cove RV resort property. When Gobuty purchased the Hunters Point property in 2016, he also purchased the portion of the canal that extends from the humpback bridge to Cortez Village Marina’s western boundary. The canal is the only means for marina clients to access the nearby Intracoastal Waterway (ICW).

The new dispute stems from the permit challenge MHC Cortez Village initiated after Cortez Road Investments received an environmental resource permit from the Southwest Florida Water Management District in 2021. That permit allows for the construction of the Hunters Point docks.

In response to the issuance of that 2021 permit, MHC Cortez Village filed a petition naming Cortez Road Investments and the Southwest Florida Water Management District as respondents. The petition alleged the Hunters Point docks would impede canal navigation for marina clients, especially those with larger boats, and negatively impact marina operations and profitability.

Hunters Point files complaint against Cortez Village Marina
86 solar powered homes are being constructed on the Hunters Point property. – Joe Hendricks | Sun

MHC Cortez Village sought and received a hearing before an administrative law judge in hopes of the judge issuing a recommended order for the water district’s governing board to revoke the permit or modify it in a manner that lessens the impact of the proposed Hunters Point docks.

With administrative law judge Bruce Culpepper presiding, that hearing began in June, continued for three days in mid-August and is scheduled to resume on Sept. 1.

Complaint allegations

The complaint alleges Cortez Village Marina is operating without a valid permit because the permit obtained by the previous marina owner was not properly certified when transferred to the current marina owners.

“The permit could not have been transferred because the project was not built and is not operating pursuant to permit conditions. Therefore, there was no automatic transfer of the permit,” the complaint alleges.

“MHC Cortez Village LLC does not have a valid environmental resource permit and is operating without a permit in a manner to cause environmental harm,” the complaint alleges. “Alternatively, if DEP finds the marina legally holds permit number 41-0255306, then there are major violations of the permit conditions. The marina has profited from its illegal activity in the amount of at least $181,000 for the month of July alone.”

“CRIF respectfully requests DEP immediately order the marina to cease the unauthorized activities at the marina. If necessary to stop the illegal activities, CRIF requests that DEP seek an immediate temporary injunction in Manatee County circuit court,” according to the complaint.

“The marina admits in its petition that the marina has 365 permanent boat slips. During testimony, the marina’s general manager, Skip McPadden, also admitted the marina has additional temporary boat slips. Condition number 45 of the DEP permit states the permittee shall ensure the docking facility will be limited to a total of 295 boat slips – 272 dry and 23 wet – inclusive of all shoreline and upland storage,” the complaint says.

The complaint notes McPadden and boat captain Chris Karentz testified that many marina clients are inexperienced boaters who could potentially collide with the proposed Hunters Point docks.

The complaint notes MHC Cortez Village’s 2021 complaint and recent testimony by McPadden confirmed the marina also operates a service department.

“The marina has therefore admitted it is violating the permit which states, ‘Boat maintenance or repair activities requiring removal of a vessel from the water, or removal of major portions of the vessel, for purposes of routine repair or maintenance shall be prohibited for the life of the facility, except where removal is necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel,’” the complaint states.

The complaint references a website that states Cortez Village Marina clients can do their own repairs and the marina offers hull, engine and propellor repairs.

The complaint notes that McPadden recently testified that marina employees use the canal to test vessels before and after repairs are made.

“Immediate action is necessary to close the illegal service department since it is an unauthorized operation,” the complaint alleges.

The complaint also alleges the marina has not complied with reporting requirements for its stormwater and drainage system.

“Therefore, there are no reasonable assurances that the marina is complying with the stormwater conditions of the permit,” the complaint alleges. “CRIF personnel have seen, during heavy storms, surface water flowing from the marina property into the canal. This results in the release of oils, greases, lubricants, gases and other fluids into the private canal which discharges to the ICW and then Anna Maria Sound.”

Related coverage

Hunters Point canal hearing continues

 

Canal-side homeowners served summons in Hunters Point lawsuit

 

Hunters Point dock permit challenge begins

Hunters Point canal hearing continues

Hunters Point canal hearing continues

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – Potential safety-related compromises were proposed during three days of hearings last week in the ongoing Hunters Point Resort & Marina dock permitting challenge.

The permitting challenge pertains to the environmental resource permit the Southwest Florida Water Management District (SWFWMD) issued to Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. ownership group in 2021. That permit allows for the construction of 49 new residential docks along the privately-owned Hunters Point canal, including the replacement of 17 previously existing docks.

Hunters Point canal hearing continues
The proposed docks are to be constructed along the canal that surrounds the Hunters Point property on three sides. – Cortez Road Investments | Submitted

A month after the permit was issued, the Chicago-based MHC Cortez Village LLC ownership group for the nearby Cortez Village Marina filed a petition for administrative hearing seeking the permit’s revocation or modification in a manner that would reduce the proposed docks’ impact on the navigability of the canal for their marina clients. The canal is also used by guests at two nearby RV resorts and several canal-side homeowners.

While the hearing plays out, the construction of the Hunters Point docks remains on hold, but the construction of 86 solar powered, net-zero energy rated townhomes is well underway along Cortez Road West.

With administrative law Judge Bruce Culpepper presiding, the hearing that began on June 14-15 continued Aug. 11-18. The hearing is scheduled to resume, and potentially conclude, on Sept. 1-2. The hearing is being held at the SWFWMD office in Tampa.

Attorneys Susan Martin and John Fumero are representing Cortez Road Investments, attorneys Matthew Chait and Devon Woolard are representing MHC Cortez Village and attorney Megan Albrecht is representing SWFWMD, which issued the challenged permit.

While testifying, SWFWMD Environmental Manager Cliff Ondercin and SWFWMD staff member Lauren Greenawalt expressed their professional opinions that the construction of the Hunters Point docks would not significantly impede navigation on the canal, even if there are spots where two boats cannot pass each other and one boat has to wait for the other to pass.

While testifying, Cortez Village Marina General Manager Skip McPadden said the marina stores up to 365 boats a time, the majority of which are stored in dry slips. When cross-examining McPadden, Martin questioned whether the marina’s total of 365 dry and wet slips exceeds the allowance stated in the marina’s state-issued permit. Martin also noted the state permit does not appear to allow for the routine vessel maintenance and repairs that McPadden said take place at the marina. She also questioned whether the marina activities are currently permitted at all.

McPadden noted some boats stored at the marina and are up to 38 feet long and several boats are at least 30 feet long. He said the proposed docks could impede navigation for those larger vessels. He also said the Hunters Point docks could also potentially impede navigation for smaller vessels in some areas of the canal.

The marina manager acknowledged that the canal is the only way for those marina boaters to access the Intracoastal Waterway. Martin noted the canal is privately owned by Cortez Road Investments and Cortez Village Marina has no written or verbal agreement regarding the use of the canal.

Hunters Point canal hearing continues
The canal area highlighted in blue is owned by Marshall Gobuty’s Cortez Road Investments & Finance Inc. – Manatee County Property Appraiser | Submitted

McPadden and other witnesses said the primary area of concern is the western portion of the canal, between the humpback bridge over 127th Street West and the 90-degree turn at the northern end of the western portion of the canal.

Several residential docks and boat slips are already located along that portion of the canal and some of those homeowners are named in a civil lawsuit recently filed by Cortez Road Investments. The lawsuit seeks compliance with the Manatee County ordinance that states docks, boat lifts and other structures cannot extend more than 25% into the canal. Martin said county enforcement efforts are currently underway to bring those canal elements into compliance to create more navigable space.

When testifying for MHC Cortez Village, witness Pete Peterson referenced bathymetric surveys taken by surveyor Gary Bazemore. Peterson was among those who expressed concerns about the depth of the canal in some locations, particularly along the sides of the canal.

When testifying as an expert witness for MHC Cortez Village, boat captain Chris Karentz shared his belief that the Hunters Point docks would significantly hinder navigation on the canal. Under cross-examination, Karentz, like McPadden, acknowledged there are areas where one boat can pull over and allow another boat to safely pass.

Proposed safety measures

During the hearing, several potential safety measures were discussed and debated. Martin noted signs already have been placed in the canal asking boaters to use marine radio channel 9 to communicate with other boaters when approaching the 90-degree turn and any other blind spots. She also noted mirrors have been installed along the canal to improve visibility.

Martin said the revised Hunters Point homeowners association documents now require all Hunters Point dock owners to complete a boating safety course. She suggested the marina require the same of its patrons.

The attorneys and witnesses offered differing opinions on the effectiveness of marine radios, mirrors and boating safety course. It also suggested that some areas of the canal remain dock-free to created designated pullover areas.

Martin suggested one-way travel times during which navigation would be restricted to one direction at a time during half-hour intervals. She noted this would require the marina to stage their arrivals and departures accordingly.

When Martin mentioned possibly closing off the canal near the marina basin, Culpepper said that was not open to consideration. In June, the judge and attorneys all agreed that riparian rights and the continued use of the canal by non-Hunters Point residents is a matter to be decided in a civil court – and Cortez Road Investments has already filed a lawsuit seeking a court order to prohibit the marina and its patrons from using the canal.

Hinting at the possibility of compromise, Woodland noted the petition filed on behalf of MHC Cortez Village does mention permit modification as one desired outcome.

At the conclusion of the hearing, Culpepper will issue a written recommended order as to whether the environmental resource permit was properly issued or should be modified or revoked. The water management district’s governing board members will then make a final ruling.

Related coverage:
Canal-side homeowners served summons in Hunters Point lawsuit

Hunters Point dock permit challenge begins

Canal-side homeowners served summons in Hunters Point lawsuit

Canal-side homeowners served summons in Hunters Point lawsuit

Written by Joe Hendricks on . Posted in Community News, Cortez, Featured.

CORTEZ – Several property owners along a privately-owned canal are planning their response to a lawsuit filed against them by Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. ownership group.

Filed with the 12th Judicial Circuit Court in Manatee County on June 3 and assigned to Judge Edward Nicholas, the civil lawsuit names canal-side property owners Jonathan Graham, Sheila Graham, Mark Ibasfalean, Jacquelyn Shepard, Timothy Fitzpatrick, Mary Norman, Wendy Kokolis and George Kokolis as defendants. Around July 20, they were served with summons and copies of the lawsuit complaint many of them had already read about in The Sun.

Canal-side homeowners served summons in Hunters Point lawsuit
Highlighted in blue, Jonathan and Sheila Graham’s canal-side property is among those referenced in the lawsuit complaint. – Manatee County Property Appraiser’s Office | Submitted

The lawsuit stems from an ongoing dispute over a canal between Cortez Road Investments and the MHC Cortez Village LLC that owns the nearby Cortez Village Marina.

The canal surrounds the Hunters Point property on three sides. Constructed in the 1950s, the portion of the canal owned by Gobuty extends from the humpback bridge at 127th Street West (near the Seafood Shack restaurant) to the western boundary of the Cortez Village Marina property. Another portion of the canal extends southward to the northern boundary of the Buttonwood Inlet RV resort property. The canal is used by homeowners, marina patrons and guests at the Buttonwood Inlet and Holiday Cove RV resorts.

The residential properties involved in the lawsuit are located along 126th Street West and across the canal from the northwestern edge of Hunters Point property where 86 solar-powered, net-zero energy-rated townhomes are currently being constructed. The phase two development plans include a 20-unit hotel/apartment building.

Canal-side homeowners served summons in Hunters Point lawsuit
This map indicates where the 86 townhomes and 49 dock slips will be located on the Hunters Point property. – Cortez Road Investments

According to Ibasfalean, the defendants have retained an attorney or attorneys in response to the summons.

“We’re going to have to work together on this. We just got served. This battle is between Hunters Point and the marina, but now that we’re involved, we have to react,” he said.

The lawsuit complaint alleges that the property owners previously constructed and are currently maintaining docks, boat lifts and other structures in the privately-owned canal without the authorization of the canal owner.

Gobuty seeks the removal of the structures, but a follow-up letter drafted by Gobuty’s attorney, Susan Martin, clarifies that the lawsuit’s actual intent is to ensure that none of the structures extend more than 25% into the canal that’s approximately 65 feet wide in those areas.

“Unfortunately, one of the main areas of concern identified by MHC (Cortez Village Marina) in its suit against CRIF (Cortez Road Investments & Finance) is the area where you maintain your dock. Your dock, vessels or associated structures exceed 25% of the width of the waterbody. MHC contends that its 350 lessees and other customers will have navigational difficulties in this area. Because of these actions by MHC, CRIF has been left with no choice but to file the attached complaint against you. Additionally, your dock, vessel and associated structures are not in compliance with Manatee County regulations because they exceed 25% of the width of the canal,” Martin stated in her letter.

According to Manatee County’s Land Development Code, “Private residential waterfront structures shall not extend more than 25% of the width of the waterbody. Boats shall not be moored in a manner which impedes navigation or encroaches on an existing channel.”

In conclusion, Martin’s letter says, “We believe that we can amicably resolve this issue without the costs associated with protracted litigation. If you are interested in resolving this lawsuit, please contact me.”

Canal-side homeowners served summons in Hunters Point lawsuit
Several property owners have docks and boat lifts located along the northwestern edge of the Hunters Point canal. – Joe Hendricks | Sun

Gobuty purchased the Hunters Point property and canal in 2016. The warranty deed associated with the $10 million purchase from the Cipriani family and Hunters Hill Inc. states the seller assigns forever the property and any rights associated with the property, including any riparian rights associated with the canal.

When appearing before the Manatee County Commission in 2016 as part of the initial Hunters Point permitting process, Gobuty said he would not prevent anyone who already had a county-permitted dock in place from using the canal. Gobuty recently told The Sun that while he still feels that way, he also feels forced into this recent legal action by the actions of MHC Cortez Village.

Ibasfalean said he bought his home in 1985 and there was already a dock in place at the time. Although the lawsuit pertains to docks and boat lifts, Ibasfalean is also concerned about the canal potentially being closed to everyone except the Hunters Point homeowners who also purchased dock slips.

Ibasfalean’s wife, Kim, owns and operates Captain Kim’s Boat Rides and Charters and she stores her boats at the couple’s residential dock.

“We have two or three of them here at any time. We also have our own boat there. I can keep up to four boats there, but none of those boats work out of here. There’s no business activity or parking taking place here,” he said.

Regarding the potential loss of their dock and the use of the canal, Ibasfalean said, “It would be a huge impact. She would have to figure out where to put an entire fleet of small boats.”

Ibasfalean said he’s navigated the canal for 55 years and he doesn’t think the Hunters Point docks would impede navigation.

“I’ve built docks all my life. Those docks will fit in there. I don’t have a problem with the docks or any boats coming up and down the canal. On weekends, we’ve probably got 500 or more boats coming in and out of there. It’s probably one of the busiest canals in the county,” Ibasfalean said.

“I believe the canal was built in 1959 and Eddie Cipriani and his son Frank did the work. We live in one of the original houses that Cipriani built. They wanted to go in the house building business. He was planning on building a lot of homes, but they stopped after that one strip of homes on our street,” he added.

Lawsuit origins

The canal dispute began in July 2021 when MHC Cortez Village LLC initiated an administrative challenge to the environmental resource permit Cortez Road Investments received from the Southwest Florida Water Management District that June. The state-issued permit allows Hunters Point to install 32 new parallel mooring slips and replace 17 existing slips for a total of 49 slips.

MHC Cortez Village’s petition for hearing alleges the Hunters Point docks would increase traffic and narrow the navigable portions of the canal, limit the size of the vessels that use the canal and negatively impact the profitability and operations of the marina. MHC Cortez Village seeks an order for the permit to be revoked or modified in a manner that lessens the docks’ impact on the canal.

Canal-side homeowners served summons in Hunters Point lawsuit
Eighty-six townhomes are being built on the Hunters Point property. – Joe Hendricks | Sun

Held at the Southwest Florida Water Management District office in Tampa, the first two days of the administrative hearing took place on June 14 and 15. The hearing is scheduled to resume on Tuesday, Aug. 16.

When the hearing started, administrative law judge Bruce Culpepper said the recommended order he will issue after the hearing concludes will only pertain to whether the water district’s environmental resource permit was properly issued. Culpepper said riparian rights and the continued use of the canal by others are issues to be decided in a circuit court.

Stantec ecologist Elizabeth Eardley helped Gobuty’s development team acquire the environmental resource permit needed to build the docks. On June 15, she testified that the water district’s permitting process did not require a navigational impact study because the Hunters Point canal is privately owned. She also testified that the Hunters Point docks would not impede navigation.

Attorney and property title expert Adron Walker testified the man-made canal did not exist when Florida was granted statehood in 1845 and therefore the privately-owned canal’s submerged lands are not state-owned sovereign lands. He also testified the canal did not exist when the property was platted in 1921.

Canal-side homeowners served summons in Hunters Point lawsuit

This canal area highlighted in blue is owned by developer Marshall Gobuty and Cortez Road Investments, according to the Manatee County Property Appraiser’s Office. – Manatee County Property Appraiser’s Office | SubmittedWhen referring to Manatee County Property Appraiser’s Office records and images, Walker testified that the Hunters Point-owned canal extends from 127th Street West to the western boundary of the Cortez Village Marina property. He also testified that the portion of the canal located directly in front of the marina is owned by the Frank Cipriani Jr. and/or the Cipriani family trust.

According to property appraiser records, the marina basin is owned by the marina and the most easterly portion of the canal is owned by the Holiday Cove RV resort.

Walker testified that he could not locate any written agreements that grant the marina, its predecessors or any other upland property owners the use of the portions of the canal owned by Gobuty or the Cipriani family.

Additional legal action

On May 26, Cortez Road Investments filed a lawsuit against MHC Cortez Village LLC alleging the marina and its patrons are using the canal without authorization. The lawsuit seeks a court-ordered injunction that would prohibit the marina and its patrons from using the canal. Separate from the lawsuit filed a week later against the canal-side homeowners, that case has been assigned to Judge Charles Sniffen.

On June 6, an attorney representing MHC Cortez Village filed a response that stated the navigable canal has been used for more than 25 years by the marina, the marina’s predecessors and those who own homes along the canal.

A counterclaim filed by Martin, Gobuty’s attorney, states, “By calling the waterbody the ‘navigable canal,’ MHC implies that the canal is navigable under the law and legally open to public use. However, this is not the case.”

Canal-side homeowners served summons in Hunters Point lawsuit
Wendy and George Kokolis received a cease-and-desist letter regarding the boat lift being installed (on the left) across the canal from the Hunters Point property. – Joe Hendricks | Sun

On May 17, Martin sent a letter to the Kokolis’ regarding the boat lift being installed in front of their undeveloped canal-side property near the humpback bridge.

“This letter is to advise you to immediately cease construction and to remove the works that you have already placed on my client’s private property. If you fail to do so, we will be forced to seek immediate injunctive relief and damages in circuit court,” Martin stated in her letter.

Wendy Kokolis told The Sun a permit was obtained from Manatee County for the installation of the lift.

Related coverage

 

Hunters Point dock permit challenge begins

Hunters Point dock permit challenge hearing begins

Hunters Point dock permit challenge begins

Written by Joe Hendricks on . Posted in Community News, Cortez.

CORTEZ – A hearing is un­derway to decide whether Hunt­ers Point can build 49 docks in the canal bordering the new development.

The case pertains to the environ­mental resource permit that the Southwest Florida Water Manage­ment District (SWFWMD) issued Hunters Point developer and property owner Marshall Gobuty in June 2021.

The permit allows Gobuty to build 49 docks – or one continuous dock with 49 slips – along the pri­vately-owned canal he purchased when he bought the Hunters Point property in 2016. Construction is well underway on many of the 86 three-story, net-zero energy rated solar powered townhomes, but the docks will not be built until the permitting challenge is resolved. Many who pre-purchased Hunters Point homes did so with the un­derstanding that their home would include a dock.

The Cortez Village Marina’s ownership group is challenging an environmental resource permit issued in 2021 for the construction of the Hunters Point docks. – Joe Hendricks | Sun

In July 2021, MHC Cortez Village LLC, the Cortez Village Marina ownership group, filed a petition for an administrative hear­ing naming Gobuty’s Cortez Road Investments ownership group and SWFWMD as respondents and asking that SWFWMD be ordered to revoke the approved permit or modify it in a manner that further protects navigation.

The petition claims the Hunt­ers Point docks would increase traffic on the canal, impair vessel traffic by narrowing the navigable portions of the canal, negatively affect the marina customers’ safe use of the canal, limit the size of the vessels that can use the canal and negatively impact the profit­ability and ongoing operations of the Cortez Village Marina. The marina is located along Cortez Road West, less than a half-mile east of the Hunters Point property and upstream of the canal owned by Gobuty’s Cortez Road Invest­ments and Finance Inc. The canal borders the Hunters Point property on three sides.

The Buttonwood Inlet and Holi­day Cove RV parks are also located along the canal, east of the Hunters Point property, as are several privately owned homes. The west end of the canal passes under the humpback bridge at 127th Street West, where it connects with the Intracoastal Waterway near the Seafood Shack restaurant.

Administrative law judge Bruce Culpepper presided over the June 14-15 hearing at the SWFWMD office in Tampa on behalf of the State of Florida’s Division of Administrative Hearings. The next hearing date has not yet been scheduled.

Attorneys Susan Martin and John Fumero represented Cortez Road Investments at the hearing. Attorneys Megan Albrecht and Elizabeth Fernandez represented SWFWMD and attorneys Matthew Chait, Devon Woolard and Dan Norby represented the Cortez Vil­lage Marina.

Culpepper said the sole intent of the hearing is to determine whether the water district properly issued the environmental resource permit that allows the Hunters Point docks to be built. All parties involved agreed that the riparian rights – the right to continue using the canal for navigational pur­poses – of the marina, the marina customers, the RV resorts and those who own homes along the canal are a matter to be decided in a circuit court.

Hearing Testimony

After opening arguments by the three parties involved, Martin began presenting Cortez Road In­vestment’s case, joined at times by SWFWMD attorneys, with cross examination by the Cortez Village Marina’s attorneys.

While testifying and being cross-examined, Gobuty said the Hunters Point docks are designed to accommodate boats no longer than 25 feet, while the marina accommodates vessels as long as 35-38 feet. It was also noted the marina and storage facility accommodates approximately 350 vessels.

On June 15, Captain Dane Fleming was called as a witness for Cortez Road Invest­ments. Fleming said he navigated and mea­sured the canal on two different occasions prior to the hearing. Fleming expressed his opinion that the canal is wide enough to ac­commodate the Hunters Point docks without hindering or impeding navigation.

Fleming called into question a video previ­ously provided on behalf of the marina own­ers. He noted the captain of the boat from which that video footage was filmed was navigating on the wrong side of the canal while filming. Fleming said this resulted in camera angles that “skewed” the marina’s claims regarding visibility and the canal being too narrow for safe navigation in some areas. Fleming noted there are some areas that are too narrow for two boats to pass side-by-side, but one boat can wait in the wider area until the other boat navigates the narrower area.

Stantec ecologist and permit expert Eliza­beth Eardley helped Gobuty’s development team acquire the environmental resource permit granted in 2021. While testifying Wednesday, Eardley said the state permitting process did not require a navigational impact study because the canal is privately owned. She also testified the Hunters Point docks are designed to allow adequate remaining navigational space in the canal and are not expected to impede navigation.

When the hearing continues, SWFWMD attorneys will present their arguments re­garding the environmental resource permit being properly issued. After that, the Cortez Village Marina attorneys will present their arguments.

Ownership and riparian rights

Even though riparian rights will not be determined during the administrative hear­ing, testimony was still given pertaining to the history and ownership of the canal.

Hunters Point dock permit challenge hearing begins
The canal area directly west of the Cortez Village Marina is owned by Cortez Road Investments and is also utilized by canal-side homeowners and the Buttonwood Inlet RV Resort. – Joe Hendricks | Sun

When testifying on behalf of Cortez Road Investments, attorney and property title expert Adron Walker said the man-made Hunters Point canal did not exist when Florida was granted statehood in 1845, thus the canal’s submerged lands are privately owned and are not state-owned submerged sovereign lands. Walker also testified that the man-made canal did not exist when the property now known as Hunters Point was first platted in 1921.

During Walker’s testimony, property cards and images from the Manatee County Property Appraiser’s Office were displayed. One property card shows the Hunters Point-owned canal that extends from 127th Street West to the western boundary of the Cortez Village Marina property. Walker said he could not locate any easements or usage agreements ever granted to the marina or any other potentially impacted upland prop­erty owners regarding their right to use the privately-owned Hunters Point canal.

Hunters Point dock permit challenge hearing begins
According to this property card image, the canal area highlighted in blue is owned by developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. -Manatee County Property Appraiser | Submitted
Hunters Point dock permit challenge hearing begins
The canal area highlighted in blue is owned by Marshall Gobuty’s Cortez Road Investments and Finance Inc. as part of the triangular-shaped Hunters Point property. – Manatee County Property Appraiser | Submitted

Walker referenced another property card which revealed the portion of the canal located directly in front of the marina is not owned by the marina but is owned by the Cipriani family trust that previously owned the Hunters Point property and canal. Walker also said he’s not aware of any use agreement between the marina and the Cipriani family trust for the use of that por­tion of the canal.

Hunters Point dock permit challenge hearing begins
According to this property card, the canal area in front of the Cortez Village Marina (highlighted in blue) is owned by the Cipriani family trust. – Manatee County Property Appraiser | Submitted
Hunters Point dock permit challenge hearing begins
Located in front of the Cortez Village Marina, the canal area highlighted in blue is owned by the Cipriani family trust. – Manatee County Property Appraiser | Submitted

Walker said the only existing right the marina and the other upland owners might have would be a prescriptive easement granted by a court. Walker said a declaration of that nature usually requires an existing historic use of at least 20 years.

Martin noted the original petition for hearing states the Cortez Village Marina has operated in its current configuration since 2008. The petition also notes that site has been used as a marina since at least the 1990s.

Recent lawsuits

In late May, Cortez Road Investments filed a civil lawsuit in the 12th Judicial Circuit Court in Manatee County seeking to prohibit the marina and its clients from using the Hunters Point canal.

The lawsuit seeks a permanent injunction that would prohibit Cortez Village Ma­rina clients and employees from using the privately owned Hunters Point canal. The lawsuit notes the canal was constructed in the 1950s.

In early June, Cortez Road Investments filed a separate lawsuit against upland canal-side property owners Jonathan and Sheila Graham, Mark Ibasfalean, Jacquelyn Shepa­rd, Mary Norman, Timothy Fitzpatrick and Wendy and George Kokolis. That lawsuit complaint states those property owners have constructed and are maintaining docks, lifts and other structures on and in the Hunters Point canal without the property owner’s authorization. The complaint notes that the Cortez Village Marina petition contends, in part, that the existing docks that extend into the Hunters Point canal could impede navigation for the marina customers.

“This has left plaintiff (Gobuty/Hunters Point) with no choice but to file this suit against defendants,” according to the lawsuit complaint.

The lawsuit seeks the removal of the named property owners’ docks, lifts and other structures located in the canal.

Hunters Point construction continues despite dock challenge

Hunters Point construction continues despite dock challenge

Written by Joe Hendricks on . Posted in Community News, Cortez.

UPDATED Feb. 28, 2022, 1:28 p.m. – CORTEZ – Construction has begun on two homes along the canal of the Hunters Point Resort & Marina property, but the developer says that docks are not planned for those homes.

Last July, MHC Cortez Village LLC, owners of the nearby Cortez Village Marina and boat storage facility, challenged a dock permit issued by the Southwest Florida Water Management District (SWWMD) to Hunters Point. MHC filed a petition for an administrative hearing naming developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. ownership group and SWFWMD as respondents.

Hunters Point construction continues despite dock challenge
Construction of the first Hunters Point home along the eastern edge of the property began in December and had progressed to this point as of last week. – Joe Hendricks | Sun

“The approval of the permit and the ultimate construction of the proposed new dock(s) will significantly increase and impair vessel traffic in the navigable canal, while further decreasing the narrow navigable fairway width,” the petition states.

“Other than the first four homes on the west side that do not have docks, the homes on the west and northwest sides of the property are all under the petition and can’t be started,” Gobuty said. “The interior and the east side is where our homes will go up over the next 12 months. We don’t see a resolution on the west and northwest sides until early 2023.”

In December, Hunters Point Vice President of Development Ashley Klearman sent a letter to buyers who had purchased homes to be constructed in the Hunters Point community.

Hunters Point construction continues despite dock challenge
Construction has begun on two Hunters Point homes located alongside the western portion of the navigation canal that borders the property. – Joe Hendricks | Sun

“MHC is arguing the proposed docks hinder the navigation of the canal, even though the proposed docks have been designed to provide as minimal an intrusion into the canal as possible and are in full compliance with all local, state, and federal rules and regulations. It is our legal team’s position that this petition is without merit and that SWFWMD correctly issued the permit,” Klearman stated in her letter.

In December, construction began on the first Hunters Point home, along the eastern edge of the property. Gobuty said then that the administrative challenge could delay the construction of some homes.

When contacted last week, Gobuty said the previously delayed administrative hearing is now scheduled for June 14 and 15.

The development plans approved by Manatee County allow for the construction of 86 net-zero energy use homes that will be equipped with solar panels and storage batteries. The development plans include a small marina and 47 docks to be constructed along the navigation canals adjacent to the Hunters Point property on three sides.

Revised Hunters Point plans increase home size

Revised Hunters Point plans increase home size

Written by Joe Hendricks on . Posted in Business, Community News, Cortez, Featured, Real estate | Development.

CORTEZ – Developer Marshall Gobuty plans to enlarge the homes in the proposed Hunters Point project in Cortez, but will not increase the proposed number of homes, he said.

Gobuty, the founder and president of Pearl Homes, told The Sun that he plans to build 86 new homes in the Hunters Point Pearl Homes & Marina. The new homes will be built on the 18.7-acre property at 12505 Cortez Road W. surrounded on three sides by a canal that connects to the Intracoastal Waterway.

Revised Hunters Point plans increase home size
The Hunters Point Resort & Marina project narrative first released in late 2017 included this illustration of a proposed coastal cottage. – Pearl Homes | Submitted

In 2018, the Manatee County Commission unanimously approved the Hunters Point rezoning request and preliminary site plan that allow 86 single-family homes to be built on 32½- by 62-foot lots that provide 2,113 square feet of space per lot.

The county approvals also allow for 62 hotel rooms, 11,100 square feet of commercial space, a 17-slip marina, 31 boat slips along the canal and one water taxi slip.

When the project was presented to county commissioners, architect Beth McDougal said the two-bedroom “Florida Cracker” style cottages would provide approximately 494 square feet of air-conditioned space.

“We’re trying to make them a little bit bigger. People want another bedroom.” – Marshall Gobuty, Pearl Homes President

The original project renderings showed “coastal cottages” with a single living level and wrap-around and rooftop decks. The renderings now posted at the Hunters Point website illustrate homes that feature two elevated living levels above ground level garage and storage areas.

In February 2019, The Sun toured the single-level Hunters Point model home constructed inside a warehouse in Palmetto, minus the ground level garage and storage area. The two-bedroom model home did not feature a second living level and the rooftop served as a large open-air deck that also provided space for solar panels.

Revised Hunters Point plans increase home size
In February 2019, the Hunters Point home plans looked like this. – Pearl Homes | Submitted

When discussing the ongoing design modifications, Gobuty said, “We’re trying to make them a little bit bigger. People want another bedroom. We’re trying to get a third bedroom.”

The design revisions will also create more air-conditioned space.

“The presentation we did for the county shows a total living space of 3,302 square feet. That was based on the deck and the house itself. We’re still looking at overall living space of around 2,300-2,400 square feet, but the under-air space is probably going to run 800 to 1,500 square feet,” Gobuty said, noting homeowners will have the option to enclose their lanais to provide additional air-conditioned space.

Revised Hunters Point plans increase home size
In February 2019, The Sun toured the model home built inside a warehouse in Palmetto. – Pearl Homes | Submitted

Gobuty said each Hunters Point home will come equipped with solar panels and solar batteries as originally proposed. The intent is for each home to generate more electricity than it uses, thus achieving the net-zero energy use standard.

Gobuty envisions people moving into their new homes in early 2022.

Gobuty said the design modifications do not require additional county commission approval.

“That’s what’s approved, that’s what’s entitled, that’s not changing. I’m entitled for 148 units. We’re going to build 86 homes. That’s almost 50% less than our approved density. We said we’d build net-zero, LEED-certified homes and that’s what we’re building,” Gobuty said.

When contacted Monday, Manatee County Building and Development Services Director John Barnott confirmed Gobuty’s statement regarding additional county commission approval.

“We would review that in the final site plan. He still has to meet the setback requirements, but if the density’s not changing, it’s OK. The board approved x-number of units and that’s what we’ll hold him to,” Barnott said, noting the final site plan review will be conducted by county staff.

Gobuty said the proposed location for a hotel at the southwest corner of the property is no longer available because the Florida Department of Transportation (FDOT) plans to use that area for stormwater retention as part of its future Cortez Bridge replacement project.

“FDOT came to us and said we can’t build there, so we are focused on the 86 single-family homes. We are entitled for 62 hotel rooms and maybe we’ll make 20,” Gobuty said.

Gobuty said the development could include some retail/commercial space as an alternative to hotel rooms, but the space lost to the bridge project prevents the inclusion of both.

Sales team announced

According to a press release dated Aug. 11, Pearl Homes has named Compass Development Marketing Group as the exclusive real estate agent for Hunters Point.

Issued by Compass, the press release mentions a “148-unit coastal lifestyle community soon to be constructed in Cortez overlooking the Gulf of Mexico.”

According to the press release, “The resort community and marina will consist of 99 homes for sale as well offer several dozen hotel units for sustainably-minded travelers.”

The site plan rendering Gobuty provided with the press release indicates 99 numbered lots, a small office building and no hotel.

Revised Hunters Point plans increase home size
This latest site plan rendering provided by developer Marshall Gobuty indicates 99 residential lots. – Pearl Homes | Submitted

When asked about the press release and site plan referencing 99 homes, Gobuty said the press release is already outdated due to the ongoing discussions with FDOT. He reiterated that his primary focus is to build and sell 86 single-family homes.

Property ownership

While operating as Florida Land Enterprises in early 2016, Gobuty and Bradenton resident Eric Grimes purchased the property formerly known as Hunters Hill from Swedish businessman Peter Thurell for $10 million.

Thurell bought the property from Frank Cipriani in 2002 and planned to build 36 two-story, single-family fishing village-style cottages and six townhouses atop 7,000 square feet of retail space.

According to the Certificate of Amendment to Operating Agreement dated June 8, 2016, Gobuty and Grimes were each listed as having 44% interest in Florida Land Enterprises at that time, with Pete Hoyt having 5%, Dennis LaSota having 5.5% and Bradford Meek having a 1.5% interest in the LLC.

In November 2016, Florida Land Enterprises changed its name to Cortez Road Investments and Finance, with Gobuty listed as president.

According to Gobuty, Grimes is no longer part of the Hunters Point project.

“We parted ways before the project was presented to the county commission. Pete, Brad and Dennis are still involved,” Gobuty said.

Grimes did not respond to The Sun’s request for comment.

Hunters Point Development Plans

Hunters Point development approved

Written by Joe Hendricks on . Posted in Business, Featured, Real estate | Development.

CORTEZ – Developer Marshall Gobuty has the green light to proceed with Hunters Point Resort and Marina.

Manatee County commissioners voted 6-0 on Thursday in favor of the development plans and rezoning requests Gobuty and his team presented for a waterfront resort community on Cortez Road.

Gobuty is now approved for 86 single-story cottage homes and 62 two-story, lodge-style units for use as hotel rooms and/or permanent waterfront residences. Hunters Point will also include a bistro, clubhouse, retail space, a 17-slip private marina, 31 parallel boat docks, a private boat ramp and a slip for an electric water taxi.

None of the structures will exceed the existing 35-foot height limit, and the commission approved Gobuty’s request to decrease the waterfront setbacks from 30 feet to 15 feet from the canal, which he owns.

The energy-efficient cottages will be connected to the traditional power grid but built to Net Zero Energy standards that significantly reduce outside energy consumption through the use of solar panels and power walls that store solar-generated electricity.

Offering approximately 500 feet of air-conditioned interior space and driveways long enough to store a boat trailer, the cottages will be built to withstand 200 mph winds and be elevated a foot above the flood plain.

Hunters Point Approval
Canal-side homeowner Rob Boyatt, right, sat near developer Marshall Gobuty and his development team during Thursday’s public hearing. – Joe Hendricks | Sun

Canal ownership

Gobuty’s attorney, Caleb Grimes, was quick to address concerns about Gobuty’s ownership of the canal that surrounds the property on three sides. The canal is used by several neighboring property owners, many of whom have canal-side docks that rest on Gobuty’s submerged land. The canal connects with the Intracoastal Waterway near the Seafood Shack.

Grimes said Gobuty has no objections to the existing docks and on Wednesday he requested that a declaration of intent and clarification of rights be filed with the Clerk of the Court’s Office reflecting his position. The declaration will remain effective regardless of who owns or controls the development, protecting neighboring dock owners, present and future.

Grimes said a previous property owner, Frank Cipriani, had the man-made canals dredged out of dry land; their ownership transferred to subsequent owners, including Gobuty.

Commissioner Carol Whitmore asked Gobuty and Grimes to informally pledge not to trim the tops off the mangroves that line the canal because birds need them to nest in. Gobuty said he liked the mangroves and has no plans to remove them or trim them.

Cottage uses

Regarding the cottages being used as vacation rentals, Whitmore noted the Cortez Overlay zoning designation contains no rental restrictions and state law doesn’t allow the county to prohibit them.

Grimes said some cottages may be used as rentals, but they are intended to be single-family homes.

“These are not tiny houses. They are full houses designed for people who don’t want to have a big house and big yard and can be near their boat,” he said.

Commissioners Betsy Benac and Robin DiSabatino said they thought the small houses were “cool” and they praised the developer’s emphasis on energy efficiency.

There was little discussion Thursday about traffic, but during the Planning Commission’s preliminary review it was estimated the resort community would generate approximately 600 car trips per day.

Hunters Point Cottage Exterior
Sized at approximately 500 square feet, the Hunters Point cottages will be built to withstand 200 mph hurricane force winds.
– Submitted

Public comment

During public comment, Cortez resident and businesswoman Karen Bell was among those who praised Gobuty and his project. New Jersey Realtor James Robinson said he plans to be among the first to purchase a Hunters Point home as a full-time residence.

Nobody at Thursday’s meeting expressed opposition and DiSabatino said that was a first during her seven years on the commission.

Canal-side homeowner Rob Boyatt said he liked the project, but had some lingering concerns about his dock rights. When Grimes returned to the podium, he handed Boyatt a copy of the declaration.

Final thoughts

Afterwards, Boyatt was asked if his dock concerns were satisfied.

“Yes. It seems like we are covered,” he said.

After receiving congratulations from his staff, friends and supporters, Gobuty said, “I’m ecstatic about the opportunity. I really believe it will be the future of home building because millennials think about sustainability. Fifty-five-year-olds? Up until now, not so much, but this is going to deliver to our community the ability to understand, appreciate and take advantage of the technology we have. I really believe this is the beginning of a revolution in home building.”

When asked if it would be five or 10 years before construction began, Gobuty smiled and said, “Much sooner than that.”

Regarding others’ dock rights, he said, “That’s their home. Their docks across the water have no impact on us. We wouldn’t want them to impose upon us, so it’s not right for us to have leverage on them when it’s not necessary. The decision yesterday was to record it in advance of the hearing to put our money where our mouth is.”

Hunters Point Canal
Facing east, from the bridge at 127th Street West, the Hunters Point property sits to the right of the canal. – Joe Hendricks | Sun

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Canal ownership presents unique situation

Hunters Point plans revealed

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Hunters Point canal

Canal ownership presents unique situation

Written by Joe Hendricks on . Posted in Business, Featured, Real estate | Development.

CORTEZ – What impact does the revelation that Hunters Point Resort and Marina developer Marshall Gobuty owns the inland canal that borders his proposed development site have on neighboring property owners?

The Sun posed this question to the Florida Department of Environmental Protection (FDEP) and the Southwest Florida Water Management District (Swiftmud) after this fact was made public during the Manatee County Planning Commission’s Dec. 14 review of the Hunters Point development plans.

Representatives of the two state agencies were asked if Gobuty’s ownership of the canal allows him to restrict navigation on the heavily used canal that begins at the Bradenton Boat Club and connects with the Intracoastal Waterway near the Seafood Shack restaurant. Several homes along the canal have docks and boat lifts and the canal also connects with H&H Marina and the Buttonwood Inlet RV Resort.

FDEP Public Information Manager Shannon Herbon referred The Sun to Swiftmud Public Information Officer Susanna Martinez Tarokh, who provided the following response: “Our regulation staff tells me typically the title holder doesn’t own the water, only the bottom lands, and he could restrict someone building something on the bottom lands he owns. Unless his ownership documents say something else, he really cannot control the use of the canal.”

Tarokh’s response supports county staff member Dorothy Rainey’s statement that canal-side homeowners need Gobuty’s permission to build a dock or install a boatlift that has supports extending downward to the submerged lands below.

Tarokh’s response contradicts Rainey’s statement that these property rights are granted to Gobuty by a state-issued submerged land lease.

“According to our regulatory staff, this project does not have a Sovereign Submerged Lands located within the project area issued by the District,” Tarokh’s email said.

Tarokh attached a copy of a 2007 title search associated with the property before Gobuty acquired it in 2016. The title search was requested by Hunters Hill Inc. Vice President Christopher Ayre, a business associate of Peter and Eva Thurell, the property owners at that time.

“Our records indicate the canal was dredged/altered, and there is insufficient information to determine the location of the mean high-water line at this site prior to alterations. Therefore, we recommend the proprietary requirements normally applied to state-owned lands not apply to this activity,” the title search document states.

Local impact

During the Planning Commission meeting, Margaret Tusing, the county’s principal planner, addressed the canal ownership when discussing Gobuty’s request to reduce the waterfront structure setbacks to create more room for his development.

“This is an unusual situation. When you look at the waterfront setback requirements it has a provision that talks about if you own the canal or you own the waterway you do not have to meet the 30-foot setback. Marshall does own this waterway, however at some point in time the individual property owners aren’t going to own the water anymore; the homeowner’s association is probably going to own it. That’s why we’re using an abundance of caution, coming forward with this specific approval to allow it to be reduced to the 15 feet,” Tusing said.

There are no known documents that ensure neighboring property owners the continued use of their existing docks, but Gobuty’s attorney, Caleb Grimes, told the Planning Commission and the public that his client has no issues with the existing docks and no intent to limit the historic use of the canal for navigational purposes.

Barring an easement or some other written agreement, neighboring property owners may be left reliant on the developers’ word and/or the homeowner’s association’s future decisions regarding any potential restrictions or fees imposed upon new or existing docks. If Gobuty sells the property before it’s developed, ownership of the canal would transfer with it.

County commissioners will be asked to approve the Hunters Point Resort and Marina development plans on Thursday, Jan. 11. The public hearing will allow for public comment on all matters pertaining to the proposed project.

Previous coverage

Hunters Point plans revealed

Hunters Point aerial rendering

Hunters Point plans revealed

Written by Joe Hendricks on . Posted in Business, Featured, Real estate | Development.

CORTEZ – In its first review of the proposed Hunters Point Resort and Marina, the Manatee County Planning Commission praised developer Marshall Gobuty for its green design, but raised concerns about traffic, the intended use of the cottages, canal navigability, dock access and mangrove preservation.

The commission voted unanimously on Thursday, Dec. 14 to recommend approval of the project, which call for 86 single-story, elevated cracker-style cottage homes; 62 hotel rooms located in two-story lodges; a clubhouse, restaurant, retail space, 17-slip marina, 31-slip parallel docking facility, boat ramp and one slip for an electric water taxi. None of the structures appear higher than 35 feet on the plan.

According to the proposal, Gobuty wants to rezone 6.3 acres to Planned Development Mixed Use to create property-wide consistency, and wants to reduce the waterfront setback from 30 feet to 15 feet.

Located across Cortez Road from the historic Cortez commercial fishing village, the project is proposed for the 18.7-acre property bounded on the east by HH Marina, 12444 Cortez Road W. A former gas station is near the western boundary of the property.

The property is bordered on three sides by a canal Gobuty owns and surrounding property owners use. The canal intersects with the Intracoastal Waterway near the Seafood Shack and snakes around to the marina on Gobuty’s property. The canal also extends east past six canal-side homes along 42nd Avenue Drive West before ending at the Bradenton Boat Club.

Canal access

The revelation that Gobuty owns the canal surprised some, including Jodi Boyatt. She and her husband live along the canal and had a county-permitted dock and boat lift installed in 2016. During public comment, Boyatt praised Gobuty for his green design, but expressed concerns about 31 parallel slips impacting canal navigation and mangroves.

In response, county staffer Dorothy Rainey said Gobuty owns the canal and has a submerged land lease that requires others to get his permission to build a dock.

Gobuty’s attorney, Caleb Grimes, said, “We don’t believe anybody with a current dock there has anything that is improper. These people have the right to use them as they have historically used them.”

Grimes said the parallel slips would be built waterside of the mangroves, where there are already some access points. Rainey and county staffer Rob Knable said the Florida Department of Environmental Protection (DEP) is the permitting agency for the new docks. Rainey said DEP could allow small swaths to be cut through the mangroves for dock access.

A check with DEP on Friday revealed there is no state-issued submerged land lease.

Green homes

The cottages would have 484 to 525 square feet of air conditioned interior space, a 500-square foot rooftop deck and 1,200 square feet of lanai decking. The two-bedroom homes are designed to be energy efficient, solar compatible and Zero Energy Ready in terms of potentially producing as much energy as they use. Hunters Point cottageThe design incorporates Tesla solar technology and Panasonic smart community technology as part of Gobuty’s goal to create a residential resort community that is self-sustainable in terms of energy consumption. His Mirabella community in Bradenton received a Leadership in Energy and Environmental Design (LEED) platinum rating – the highest rating given.

During public comment, Cortez resident and businesswoman Karen Bell said, “I love that it’s small scale. I love that it’s innovative with the energy-saving programs. I know there’s a lot of people that are upset, but I think this will work well for Cortez.”

Residence or rental?

Cortez resident Jane von Hahmann asked if the cottages would be used as residences or vacation rentals.

Canalside property owner Rex Taylor questioned the need to increase density, as specified in the rezoning request.

“A comfortable neighborhood is one thing, but putting people in there elbow to elbow gets ridiculous. It looks like a trailer park without wheels,” he said.

Planning Commissioner Al Horrigan Jr. said, “I like what they’re talking about, but we have an obligation to be honest. Is this a hotel or a single-family subdivision?”

Commissioner Paul Rutledge posed a similar question.

“The residential units are designed to be sold to residents. We’re not going to restrict them if they want to rent,” Grimes said. “They are designed for those people who want something smaller to live in. They’re also designed for someone who wants to come and stay for a period of time.”

Traffic

Commissioner Mike Rahm said, “I think this is a really cool project, but let’s talk about the 800-pound gorilla in the room – the traffic.”

Representing Gobuty, Steve Henry estimated 600 cars would go in and out of the gated community daily.

The Manatee County Board of County Commissioners is scheduled to review the plan on Thursday, Jan. 11.

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Hunters Point development launched

Hunters Point

Hunters Point development launched

Written by Cindy Lane on . Posted in Business, Real estate | Development.

CORTEZ – The developer of Mirabella in northwest Bradenton has launched the second major development in the past year and a half in Cortez, Hunters Point Resort and Marina.

Marshall Gobuty purchased the property for $10 million in 2016 with his former business partner, Eric Grimes. Neither will discuss the dissolution of the Florida Land Enterprises partnership, but Grimes is no longer involved with the project.

The largely vacant, 17.8-acre property at 12444 Cortez Road W. includes canals on three sides that lead to the Intracoastal Waterway, and has a working marina, which will be focal point of the development.

One canal borders the northeast edge of the proposed 1800-home Peninsula Bay development planned by Manatee Fruit Co. President Whiting Preston, who had discussed connecting the canal to Palma Sola Bay through Peninsula Bay to provide for better water circulation, Grimes told The Sun last year.

Grimes’ plans for a high-end vacation motor home resort have been scrapped for Gobuty’s plans for 148 one-story elevated cottages, hotel rooms, a community center and 49 boat slips. The previous owner, Swedish businessman Peter Thurell, who bought the property in 2002 from Frank Cipriani, planned to build 36 two-story, single-family fishing village-style cottages and six townhouses atop 7,000 square feet of retail space.

Gobuty said he is using the cottage idea from Thurell’s plan, as well as the name – Thurell called the property Hunter’s Hill, using part of the original name of Cortez, Hunter’s Point, and referencing a hill on the site that contains a nuclear bomb shelter.

“I’ve been trying to create the most energy efficient home by reducing the size,” Gobuty said, citing the floor plan of 400 square feet, with 1,000 square feet of both rooftop and living-level deck, and a plan to build the units with LEEDS certification.

The units can be vacation rentals or residences depending on the homeowners’ choice, Gobuty said, adding that they are designed so that “When renters are not there, there will be no cost for power.”

Hotel rooms also will be built, but Gobuty did not specify the number, or whether or how the frequency or number of vacation rentals might be limited.

A garage fronting Cortez Road on the property will be demolished, and space will be left in case the Cortez Bridge is replaced with the largest of several choices, which could impinge on the property, he said.

Unlike his former partner, Grimes, Gobuty has no roots in the Cortez fishing village and said he has not yet spoken to anyone in the designated historic preservation district across Cortez Road from his property about his plans.

“When you come into a community, it’s always negative and you have to have mutual respect,” he said, citing community opposition to his ongoing Mirabella development, which is replacing a nine-hole golf course.

“The best part of Cortez is the authenticity,” Gobuty said. “There’s no more places like this left. You have to be right. It can’t just be about money.”