Preserve the PUD:
Save the Cocohatchee Bay Preserve

   

 

• This is one of the last pieces of undeveloped land in the area.

• Stop County Commissioners from reopening a development agreement 
  that already cost Collier County taxpayers substantial funds to settle

• Make the County and the Developer keep their written promise to taxpayers!
  A Deal is a Deal!
   

• PUBLIC TRUST in our elected officials is called into question, as the
  community has spoken loudly and clearly:  we expect our officials to
  represent our interests & honor the legal agreement that was made.
  
  KEY POINTS

• The 2008 PUD agreement is clear in INTENT & COMMITMENT:

 “If the golf course development area or golf course use is ever

discontinued or abandoned for any reason, then ALL of the GC Parcel

including WITHOUT LIMITATION the entire golf course development area,

except forthose portions allowed for the two residential units, shall remain
FOREVER AS GREEN OPEN SPACE

and be LIMITED IN PERPETUITY to the uses expressly allowed in
Paragraph 5.3 of the amended PUD Preserve Parcel.”
 

• Permitted uses include hiking trails, etc. NOT 62 residences now proposed.
   

•  

  This PUD agreement, and its legal promises of green space or a golf course
  is the reason many people bought their homes in the area.
   

• Lodge Abbott gave their written WORD in the legal 2008 PUD settlement,and were granted concessions by our County in exchange for this parcel;the developer AND the county need to honor this agreement.
   

• Lodge Abbot agreed to the 2008 Settlement because they were able to move housing units from the East-side property to the towers on the West-side of their property.
   

• Changing the settlement to give Lodge Abbot additional housing units on the East-side; (these proposed 62 additional housing units) is DOUBLE DIPPING by Lodge Abbott.
   

• Just because the golf course is not as profitable as additional housing units is NOT a reason to open the PUD and give Lodge Abbott more housing units, especially for a parcel of land that is protected by the 2008 PUD agreement. 
   
   

PUBLIC TRUST
 

The People should be able to Trust Their Commissioners to Represent THEM, their constituents. 

 

The People clearly DO NOT want to open this Settlement or give up our protected greenspace & have provided ample evidence of this. 

 

The Commissioners need to represent the People, and hold Lodge Abbott accountable to the 2008 Settlement agreement, without opening it to changes.

 

The Commissioners were not elected by this developer

and do not owe Lodge Abbott anything. 

 

We already settled this dispute with the developer, and the resulting compromise was this 2008 PUD settlement and our precious greenspace.

 

BACKGROUND

• Lodge-Abbott Associates has already cleared the wetlands west of Vanderbilt Drive in order to construct 17-20 story residential towers for which he received generous concessions from the County.

• The building project results from a $240 million lawsuit initiated by Lodge-Abbott after initial disapproval by the County.

• The lawsuit was settled in 2008 by the Board of County Commissioners to avoid litigation.

• County taxpayers paid the cost of this settlement

• A part of that PUD settlement allowed the developer to build a private golf course on the 175 acres north of Wiggins Pass Road OR preserve land in its current natural state

Why Action is needed RIGHT NOW

• This land that was slated to be protected from development is NOW AT RISK!!!

• Lodge-Abbott is proposing to reopen the PUD agreement and build 62 luxury
  single-family homes on half acre lots.

• The proposal that was recently approved on 12/18/14 by the
  Collier Co.Planning Commission and sent to the Board of County Commissioners

• for approval.

• The vote by our county commissioners is now scheduled for Tuesday, March 24.

• The commissioners may agree to reopen the Cocohatchee Bay PUD Settlement Agreement---potentially meaning that all aspects of the very expensive settlement and PUD could become subject to renegotiation.

• This could include the developer’s waiver of rights to sue the county in matters associated with the settlement.

• Secondly, the commissioners may then have to agree to rezone the 175 acres to residential housing

• We cannot let this happen!  We have already paid substantial funds to settle this with the original PUD, and this land is very important habitat - particularly now that more animals have likely been driven into this area because of the development west of Vanderbilt Dr.

 

THIS LAND IS CRITICAL HABITAT AND SHOULD NOT BE DEVELOPED FOR HOUSING

• Strong evidence supporting the preservation of this land can be found in a report by Turrell, Hall & Associates who state:

  • This site is one of the last remaining undeveloped parcels amidst the surrounding development.

  • They go on to point out that Collier County’s Management Plan:
    “requires that areas known to be utilized by species listed as endangered or threatened or that serve as corridors for the movement of wildlife. . . . be given the highest priority for preservation.”
     

• The endangered species on this land include:

  • Florida panther, bald eagle, gopher tortoise and the wood stork (all considered endangered)

  • Threatened animals include:  snowy egret, tricolored heron, white ibis, eastern indigo snake, gopher frog, and roseate spoonbill

  • Other sensitive and important animals include:  bobcats, black bears, grey fox & other large predatory mammals

 

RISKS

• Lodge-Abbot have already SUED The County and won significant variances to county zoning regulations allowing much higher density, taller structures and small setbacks between the buildings.

• If the County reopens the PUD, there is no guarantee that Lodge-Abbott will build its 62 luxury homes

• They can continue to request further changes until they obtain the most lucrative use of the property possible

• IF the PUD is preserved, Lodge-Abbott would be committed to either building a golf course on the property (something no longer lucrative)
  OR leave the property in its natural state with no rights to sue the county over its enforcement of the agreement.

 

 

 

 

We must act now!

1.  Sign the petition (link)

 

2. EMAIL and CALL The County Commissioners who will be voting 3/24

 

• Donna Fiala:    (239) 252-8601       DonnaFiala@colliergov.net

• Georgia Hiller  (239) 252-8602        GeorgiaHiller@colliergov.net

• Tom Henning   (239) 252-8605         TomHenning@colliergov.net

• Penny Taylor   (239) 252-8603           PennyTaylor@colliergov.net

• Tim Nance     (239) 252-8604          TimNance@colliergov.net
   

3.  Attend the County Commissioners meeting on March 24, 9:30 when this matter is scheduled for a vote. 
Note:  we suggest arrive by 8:30 to get a seat, as the meeting starts at 9:00.  PUD agenda item is scheduled for 9:30.

Collier Co. Government Center- Commission Chambers (3rd floor)

3299 Tamiami Trail East, Naples FL 34112