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Request for dock permit is denied

Neighborhood associations opposed to the townhome project prevail - at least for now.

By SHARON L. BOND
Published February 22, 2004

ST. PETERSBURG - Developers of Banyan Bay, the luxury townhome project under construction on Little Bayou, failed to get approval for a dock permit but plan to try again.

The Pinellas County Commission denied the developer's request for a 20-slip dock permit last week after testimony by several neighborhood associations in the area and environmentalists. They talked about the possible damage to manatees, fish, bird sanctuaries, recent wetlands restoration and how it would restrict the use of the waterway by those who already live there.

"It would have a material, adverse effect on the natural resources of the area," said Beth Connor, who is with the Greater Pinellas Point neighborhood association. "Many people testified that they would not be able to get their boats out."

She called the decision a victory. However, D.R. Horton, the developer, plans to reapply for the permit.

"We can reapply with revisions and modifications," said Hugh Joyner, a project manager with Horton. "We will definitely pursue other avenues on the docks."

But he couldn't say exactly what the modifications or revisions would be.

"We haven't been able to sit down and get a game plan on that." He declined to comment further.

Plans called for Horton to extend the 20-slip dock 223 feet into Little Bayou.

"That would cross over the only navigable channel there is," Connor said.

The dock would have 11 separate piers with tie poles. Environmental attorney Thomas Reese of St. Petersburg said in a Neighborhood Times story last week that the dock would violate federal laws protecting manatees.

Connor said if 20 boats, about double the number that have access to docks now, were added, their movement would destroy recently planted sea grasses.

Banyan Bay at 5200 Fourth St. S is next to the historic Rutland Estate. It is the new name for the townhome project begun in 1999 but abandoned when the developer went bankrupt. Last year the property, approximately 10 acres and once part of the Rutland property, was bought by Horton, headquartered in Texas. The unfinished buildings were demolished and new construction began.

Banyan Bay will have 27 duplex buildings of townhomes. Prices range from $401,990 for the townhomes by the road up to $719,990 for homes on the water, according to Jack Appleman, director of sales and marketing for D.R. Horton Homes in Central Florida.

So far, 15 of the 54 units have been sold, he said.

"Because we haven't really positioned the community with docks, I would not foresee any problem" with sales because of changes in dock plans, Appleman said. He said that of course if a resident is near the water, he probably would like access to it.

"I don't think it will have a negative impact on sales because it is such a beautiful piece of property," Appleman said.

That is the reason nearby residents have tried to protect the property, which many considered a sanctuary. They first protested any development, but were unsuccessful. And after the first attempt sat unfinished for four years, they looked forward to a completed project when Horton took it over.

Almost immediately there was a dispute over trees that were cleared when construction resumed. To oppose the dock, three neighborhood associations joined environmentalists: Bahama Shores, Greater Pinellas Point and Bonita Bayou.

- Times correspondent Andrew Meacham contributed to this report.

[Last modified February 22, 2004, 01:45:26]


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