Changing conservation lands to buildable land (Naples: HOA, construction, utilities)

[night0wl]

Hi all,

How difficult or easy is it for a developer that in control of a community to get a (large) tract of land classified as conservation to be reclassified as buildable land? My community has a huge tract of land behind it that is owned by the HOA and classified as conservation. My concern is that because the Developer and Land Owner are still in charge, they could do some fancy paperwork...and voila now, I have neighbors across the back yard where I thought I'd have forest forever.

Anyone dealt with this before?

[ron e wheels]

A lot depends on the agreement signed with the county during the permitting stage. I've read where several communities in your described situation requested the same and were shot down from further development of this conservation land others allowed to build. Many of these contracts were written beyond ten years ago. Personally, I believe to many deals were made years ago and much of the AG land here has been designated as housing.

There should be some documents available somewhere that details the layout and construction permits at least at the county level to view.

[markjames68]

Just curious - which community?

[sbapasto]

Thanks everyone for the additional input. I think everyone seems to have the overall same idea of Naples with a few different experiences here and there. I think ultimately I will want to be here 4-5 months or so a year. I just dont care for the seasonality of things and the lack of sense of community. Like I said, its lovely here in a alot of ways but for full time, it is a little more challenging than I think I want at this point. But who knows, in 6 months I may change my mind!

[night0wl]

Originally Posted by markjames68

Just curious - which community?

Camden Lakes. Pulte is closing it out, but theres positively a HUGE tract of conservation land behind my lot. The conservation plot is square and has easements on another developers property for access. There are even dead end streets that could be built out. The plot is square and bigger than the land given to the community for construction! All that leads me to conjecture (and its just that, conjecture..no facts to back it up) that they (builder + owner) will retain control of the HOA in order to file a variance on conservation land and build on it. Perhaps I'm being overly cautious, but my prior life was a hell of runway expansions, highway expansion and other projects "for the common good" that ruined my peace of mind and chased me away.

[macrodome2]

I believe the HOA has to be turned over to the community once it is 90% built out, so I don't see how they can retain control if they are closing out.

You might also see of there is any wetlands as part of the preserve. One thing that is not clear is that on one sentence you say the land is conservation land, but the next sentence that there are easements on another developers property for access. Are you sure it is zoned for conservation? Are you sure the builder still owns it? Or, does the HOA own it? Why would anyone need access? Could there be utilities running through the land? Otherwise your concern would be legitimate.

[night0wl]

Originally Posted by macrodome2

I believe the HOA has to be turned over to the community once it is 90% built out, so I don't see how they can retain control if they are closing out.

You might also see of there is any wetlands as part of the preserve. One thing that is not clear is that on one sentence you say the land is conservation land, but the next sentence that there are easements on another developers property for access. Are you sure it is zoned for conservation? Are you sure the builder still owns it? Or, does the HOA own it? Why would anyone need access? Could there be utilities running through the land? Otherwise your concern would be legitimate.

How would i find zoning? All I see are the paperwork that the builder has provided stating in public record that the land has a conservation easement on it.

[thunderkat59]

Developers own/run Florida. Never, ever think something cannot happen when it comes to building. No conservation district is safe. We had a wetland conservation plot in Juno along the inlet, in between Ellison and A1A that chinese 'investors' bought building rights to, and that they did. Very sad

[smarino]

If all you have is the builder's word that the land is conservation, then you have less than nothing.

thunderkay59 is spot on, and it's not just true for Florida. It reminds me of a chorus in that great song by Tom Russell "Who's Gonna Build Your Wall" where he sings

but as I travel around this big ol' world
the thing that I most fear
is a white man in a golf shirt
with a cell phone in his ear

[markjames68]

This is not a small/odd piece of land designated as conservation, it looks like something that could be built on. I would get a copy of the actual easement.