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Residents, WCI at odds over small strip of Coconut Road land

Hyatt Regency Coconut Point

5001 Coconut Road, Bonita Springs


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If WCI pushes Lee County commissioners to vacate the western end of Coconut Road, the developer will find stiff opposition.

From its own residents.

County officials and the development company disagree on who owns the westernmost 700 or-so feet of Coconut Road, which is situated behind the Hyatt Regency Coconut Point Golf & Spa Resort to the banks of Estero Bay. The company has repeatedly offered deals to try to sway county commissioners, who have complete discretion on vacations. An offer is in county hands now.

A vacation is the surrender of public ownership of land. WCI officials have claimed the company doesn’t really need one, because it owns the land already. County attorneys, however, point to the 1931 recording of a so-called viewers road, a public right-of-way that extends to the water’s edge.

Commissioners have sole discretion on vacations but Chairman Ray Judah says WCI needn’t bother requesting one if they’re at odds with homeowners.

“I’m not interested in vacating any right-of-way with access to the water, period,” he said. “I haven’t seen any swap, but it’d have to be as good or better access, and I will not vote contrary to the community association’s position.”

Tom Sullivan chairs the Pelican Landing Community Association.

“We terminated negotiations and voted as a board to object and to oppose the application for vacation,” Sullivan said. “Since that time there’s really been nothing.”

The residents believe they have access rights at the end of Coconut Road, too. Sullivan said they’ve negotiated for years. When negotiations broke down, the company forbade access residents were using at the marina, including closing a growing sailing club.

“If you want to call it retaliation ...” said Sullivan.

The association’s been at odds with WCI before. When the nearby Hyatt was built, it fought the company’s attempt to declare the Hyatt a ‘resident’ for purposes of access to the bay and to the nearby private beach park. The association lost that fight, and Sullivan says the resort has been a good neighbor.

But Sullivan says Pelican Landing was sold as a boating community, and residents were promised access to the bay, both for themselves and for the shuttles to the beach.

“We believe we have access rights,” he said. “WCI billed this as a boating community. We’ve been in existence almost 20 years now, and we have boating rights.”

Sullivan said the association’s tried to avoid a legal battle.

“That’s the $64 question,” he said. “Ultimately we may end up having to do something legally. I’m an optimist. I think maybe we can reach agreement by negotiating.”

Commissioners have turned away WCI’s vacation request before. The deal currently being reviewed would give the county a turnaround for school buses and a small parking lot with access to the Hyatt boardwalk and a canoe and kayak launch.

WCI representatives could not be reached for comment.

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The county has a turnaround for school buses, but Pelican Landing usually has vehicles parked in the cul-de-sac which hinder the buses. They've usually had to make a turnaround at the entrance to Weeks Fish Camp (roads in the fish camp are private). The disputed strip of road has been in the county's possession for decades, and the public has paid to maintain it. At least twice in my memory Pelican Landing has blocked off part of that strip of road.

It should be apparent why they want that piece of road. A few years back they had changed a part of Coconut Road, citing safety reasons (there was no safety problem), but in reality it tied together the land on which currently the Hyatt sits on with its other property, and moved that section of public road (which bisected it) to the other perimeter. Giving that piece of roadway to Pelican Landing would help tie together another parcel of property that Pelican Landing owns on the Weeks Fish Camp side which currently has sit vacant for many years. Also giving them that piece of road would mean the loss of the lower entrance to the fish camp. Considering how the Hyatt likes to use a public road for their overflow parking and shipping and receiving which restricts traffic and sometimes blocks the road, the residents can't afford to lose that entrance. Nor should any of the residents have to give up part of their property to provide access to Weeks Fish Camp Road or Mamie Street.

#1 Posted by Illiar on June 16, 2008 at 10:16 p.m. (Suggest removal)

Ray needs to go.......he supported WCI and they screwed up the place, and now he's trying to act like he is there to protect the citizens. Its all a smoke screen.

#2 Posted by swamp4u2 on June 17, 2008
--------------------------------------
Well, get ready to do just that this August 26th 2008, Election day! He's up for re-election! How lucky for you!

Hopefully you'll vote for me, for District 1 Because Bob Janes, needs to go too!

GERARD DAVID JR
For Lee County Commissioner, District 1

www.gerardddavidjr.com

#2 Posted by gerardjr on June 17, 2008 at 5:56 p.m. (Suggest removal)



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