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Cortez Village Marina requests denied

Cortez Village Marina requests denied

CORTEZ – Manatee County commissioners unanimously denied Cortez Village Marina’s request to expand current operations.

The Chicago-based MHC Cortez Village LLC purchased the marina in 2024, one of many Loggerhead Marina properties that the parent company owns and operates throughout the U.S.

Matthew Gillespie, of the Kimley-Horn engineering firm, presented the marina owners’ request to construct 12 additional Jet Ski storage spaces inside one of the marina’s three dry storage buildings, to add boat maintenance as an allowed use inside that same building and to add a boat washing area outside another dry storage building.

To bring the marina property into compliance with county code, Gillespie also proposed removing or relocating a non-compliant shell parking area and relocating a non-compliant trash dumpster location.

Cortez Village Marina requests denied
This diagram shows the location of the Cortez Village Marina boat storage facilities. – Manatee County | Submitted

According to the county staff report, the marina property was rezoned in 2006 and is allowed 272 dry slips, 10 wet slips, 12 staging slips and a marina office.

When discussing the request, District 3 Commissioner Kevin Van Ostenbridge was highly critical of the marina’s non-compliant operations.

Gillespie said the shell parking lot was in place when the current owners bought the marina.

“The previous owner wanted more storage, more trailer parking so they added it at some point,” Gillespie said.

“Illegally, I might add,” Van Ostenbridge noted.

Cortez Village Marina requests denied
This photo presented during the land use meeting shows outdoor boat storage racks placed atop parking spaces at the Cortez Village Marina. – Submitted

Van Ostenbridge said during his four years as the District 3 commissioner, he’s received more complaints about the marina property than any other business in the district.

“You guys have been more than bad neighbors. You’ve been abusive neighbors up to this point,” Van Ostenbridge said.

“I’m well aware from complaints from neighbors that there are far in excess of the amount of boats you’re allowed to store on the property. They were on top of handicapped parking spaces,” Van Ostenbridge said.

Cortez Village Marina requests denied
The Cortez Village Marina business operations are currently non-compliant with county codes and entitlements. – Joe Hendricks | Sun

Regarding the expansion requests, Van Ostenbridge said, “You’ve not been fair actors up to this point. Why should we believe you guys would be compliant with this going forward? You’re here because residents raised hell, and we eventually had to send code enforcement out there and they found violations.”

In response, Gillespie said, “I can’t speak to previous owner­ship. All I can speak to is current ownership. They’re making the corrections. We’re getting rid of all the extra storage.”

Commissioner Jason Bearden asked county staff member Chris Klepek about the marina’s current state of compliance.

“Is it in compliance cur­rently or is it getting into compliance?” Beardon said.

“It’s not in compliance at the current moment,” Klepek said.

“That’s all I need to know,” Beardon said.

“Is this approval required to get them into compliance?” Commis­sioner George Kruse asked.

Klepek said commission approval is needed for the additional Jet Ski storage, boat wash and maintenance areas but not to correct existing code violations.

“They could theoretically be in compliance before asking us for more?” Kruse asked.

“You’re right. They could just come into compliance,” Klepek responded.

Canal concerns

To reach the nearby Intracoastal Waterway, marina clients use a man-made canal owned by adjacent Hunters Point developer Marshall Gobuty. Gobuty owns the portion of the canal that extends from the east end of the marina property to the humpback bridge at 127th Street West, near the Seafood Shack. In 2022, Gobuty’s at­torney filed a still-pending civil lawsuit against MHC Cortez Village seeking a court order that would prohibit the marina and its clients from using the privately-owned canal.

During public input at the land use meeting, Gobuty expressed concerns about additional Jet Ski traffic posing a risk to the manatees in the canal.

“The last thing we need is more Jet Skis going down the canal. It’s a lot of noise and a lot of aggravation that’s unnecessary,” Gobuty said.

He also expressed concerns about the boat washing and maintenance activities potentially releasing harmful fluids into the canal.

Gobuty referenced a Florida Department of Environmental Protection (FDEP) permit application in which a marina representative stated the marina had 10 in-water boat slips, 55 outside dry slips and 300 inside storage slips. He noted that far exceeds the 294 slips allowed by FDEP and the county.

Citing the safety of the manatees and dolphins in the canal, Hunters Point resident William Fulford was among the residents who opposed the additional Jet Ski, boat washing and maintenance activities.

Cortez Village Marina requests denied
The Hunters Point development plans include 49 canal-side boat slips. – Hunters Point | Submitted

Representing the marina own­ers, attorney Meredith Delcamp noted that Gobuty’s plans to install 49 boat slips along the canal that abuts the Hunters Point property will also increase traffic on the canal.

After public input, Van Ostenbridge noted the marina is owned by a “huge conglomerate” that operates multiple marinas and should be well aware of what’s required of them.

Hunters Point files complaint against Cortez Village Marina

Hunters Point files complaint against Cortez Village Marina

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