09/20/197909/20/1979
101-173 HARBORAGE CT
TOWNHOUSE / MARINA DEL REY
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' ~ CIT OF CLEARWATER
' ~ Interdepartrnent Correspondence ~f~eet
To: Lucille Williams, City Clerk
FROM: David. P. Healey, Planning Director
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,.. CoptES: 'Max Battle, Public Works Director r--
v~ Roy Ayres, Building Director'
.SUBJECT: C-ertification of Preliminary Subdivision Plat/.Townhouse Site Plan
~,o£ Mar.ina Del Rey at Sand Key 'Unit B.
DATE: Sep ember 20, 1979
In accordance with. City Commission.actio.n of August 2, 1979
certify the subject Preliminary Subdivision Plat/Townhouse
Site. Plan with the following conditions:
a. No structural. encroachment of any .kind be permitted
in the. 30-feet setback from the seawall.
b. Approval. of the Plat/Plan does not. include approval
of the .proposed dock arrangement which will be subject.
to the normal dock permitting process.
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NOTE:. The Board. of Adjustment and Appeal on Zoning at its
meeting. of July,26, 1979 approved a .5-foot building
height variance for each of the 72 townhouses to
permit a:h-eight of 30 feet.
Please distribute the certified copies of the abpve plans in order
that consideration of the detailed construction. plans may proceed.
Thank you.
DPH~~'Jcc
A~ achment
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September 18, 1979
The following is an excerpt from the minutes of the meeting of the
Pinellas County Water and Navigation Control Authority held on the
18th day of September 1979 and appearing in the Authority Minutes
Book as set out below:
MARINA APPLICATION M9806-79, MARINA DEL REY TOWNHOUSES/DONALDSON.
HOMES, INC. - SAND KEY, CLEARWATER HARBOR, CLEARWATER, PRELIMINARY
PLAN (DEFERRED FROM AUGUST 28, 1979) - DENIED
_ Deputy Clerk George A. Colan referred to Marina Application
M9806-79, Marina Del Rey Townhouses/Donaldson Homes, Inc., Sand Key,
Clearwater Harbor, Clearwater, Preliminary Plan, deferred from August
28, 1979, and stated that all interested parties have been notified;
that since the entire area is owned by the applicant, there are no
adjacent property owners; that the application has been approved by
the City of Clearwater subject to several stipulations; that no new
plans have been submitted by the applicant; and that the matter is
properly before the Authority to be heard.
Director of Public Works and Utilities Gene E. Jordan
reviewed the application and with the aid of illuminated slides
pointed out the following:
1. The applicant's property on a narrow filled finder
on Sand Key.
2. The proposed master plan showing the cluster homes
and the narrow lots 23 to 30 feet wide on the
waterfront.
3. The proposed master plan with the alligator teeth
concept due to the shallow water in this location,
with two docks at every other property line 8 feet
wide by 40 fee~l~ong located one foot from the
property line extended.
In response to the Chairman's call for the applicant, Philip
Evans, 2085 Bernice Drive, appeared and stated that he represents
Donaldson Homes, Inc., the developers of Marina Del Rey; that its
concept involves a waterfront community with individual owners having
private ,docks in their backyards; that the master plan has been changed
in that the length of the docks now would be 30 feet instead of the
original 40 feet; that 'the idea of "T" docks would extend out across
the property of other owner's who might find the view of a dock with
someone else's boat objectionable; and that the plan would slightly
reduce the number of docks as it eliminates the docks on the end of
the finger, with seventeen docks each on the north and south side.
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Mr. Evans further stated that communal docks with a common walkway had
been investigated but would result in a condominium concept rather than
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a fee simple and would involve other legal problems; that the Company
would have to construct the docks .and procure D.E.R. and Corps of
Engineers permit which for a variety of other reasons would not be
feasible; and that due to the fact all of the purchasers are not going
to want docks, the revised original plan is most acceptable.
Mr. Jordan stated that the staff's original recommendation
was-based on the assumption that the Authority would want to allow a
considerable number of docks for the property owners and that approval
of the original concept as a mater plan is recommended.
Mr. Evans stated that if the concept were kept within the
confines of Ordinance No. 70-2 and only had 11-foot docks, there would
be no problems; the docks-would be of no use to the boaters due to
the shallowness of the water; and tha~ a purchaser should be able to
have some conception of the kind of dock which could be built.
Commissioner Malchon stated that in her opinion, all the
company really wants is to be ablejto guarantee a certain type dock
to a prospective purchaser which is!not feasible at this time.
Commissioner Rainey stated that since the lots have not been
sold at this time, no action could be taken and made a motion that the
Authority receive the plan for filing. The Chairman noted that the
motion died for lack of a second.
In response of Commissioner Chesnut's query Mr. Jordan
stated that under the regulations, a dock permit could be issued by
the Clerk for a ten foot long dock located in the center one-third
of the lot.
Following discussion, Commissioner Rainey moved, seconded
by Commissioner Malchon and carried, that the application for the
preliminary master plan be denied.
August 28, 1979
The following is an excerpt from the minutes of the meeting of the
Pinellas County Water and Navigation Control Authority held on the
28th day of August 1979 and appearing in the Authority Minutes as
set out below.
MARINA APPLICATION M9806-79, MARINA DEL REY TOWNHOUSES/DONALDSON
HOMES, INC.- SAND REY, CLEARWATER HARBOR, CLEARWATER, PRELIMINARY
PLAN (DEFERRED FROM AUGUST 7, 1979)-DEFERRED TO SEPTEMBER L8, 1979
Deputy Clerk Glen W. Vantrease referred to Marina Application
M9806-79, Marina Del Rey Townhouses/Donaldson Homes, Inc., Sand Rey,
Clearwater Harbor, Clearwater, Preliminary Plan, Deferred from
August. 7, 1979, and stated that all interested parties have been
notified by certified mail; that since the entire area is owned
by the applicant, there are no adjacent property owners; that the
application has been approved by the City of Clearwater subject to
several stipulations; that no new plans have been submitted by the
applicant; and that the matter is properly before the Authority to
be heard.
Director of Public Works and Utilities Gene E: Jordan stated
that his staff has reviewed the records as instructed by the Authority
to determine if approval of the proposed preliminary plans wo,'uld be
setting a precedent; that the records reveal only two similar exist-
ing projects on Boca Ciega Point which were completed in 1971 and 1972;
and that the common ownership through an association of an apartment
or a condominium complex, with central docking facilities used by all
the residents, is common practice in Finellas County.'~He further
stated that a review of the comprehensive land use plan indicates
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approximately eight areas in Pinellas County which cou1~I conceivably
be developed in a manner similar to the proposed plan; and that due
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to the fact that this type of construction requires a Marrow finger
fill and this type of fill is no longer permitted, no new areas of
this type could be developed.
Mr. Jordan advised that the laws created by the Pinellas
County Water ar~d Navigation Control Authority indicate that water-
front property owners do have a right to build a dock but that the
dock must comply with Ordinance 70-2.
August 28, 1979
He explained that if the authority approves the submitted
concept, the developer and subsequent owners of the townhouses would
be locked into the approved master plan; that individual permits
would have to be obtained for the construction of any dock; and that
this plan would create uniformity and avoid a haphazard development
of the area .
With the aid o~f illuminated slides Mr. Jordan pointed out
the following:
1. Applicant's property located 1.6 miles north
of Belleair Bridge.
2. Property to the south of the applicant con-
sisting of high rise condominums and a common
dock.
3. Property to the north of the applicant's
property.
4. Proposed master plan with 8-foot wide by
40-foot long docks located 1-foot from the
property line with two docks surrounding
the extended property line between the two
lots.
Mr. Jordan stated that an alternate to the above plan for
the 23 to 35 foot wide lots would be to have the dock in the center
one-third of the lot, 5 to 8 feet wide by 8 to 15 feet long as per-
mitted under Ordinance 70-2, however this would create more "alligator
teeth" than the proposed plan. He added that another alternate would
be to have a common dock extended out 100 feet on each side in several
locations around the property, but that this would create a problem
as there are no easements for the common use of alI the property owners
which would be required to get to and from this type of a dock set up.
Mr. Jordan said that the staff recommends approval of the
prelimir_ary master plan as originally requested.
Chief P_ssistant County Attorney Robert G. Varner, Jr., in
response to Commissioner I~Zalchon's question, stated that an easement
could be established as a restriction in the individual deeds since
the property has not been sold at the present time.
(.,
August 28, 1979
In response to the Chairman's call for the applicant,
Philip Evans, 2085 Bernice Drive, appeared and stated that he repre-
sents Donaldson Homes, Inc., the developers of Marina Del Rey; that
their concept involves a waterfront community with individual owners
having private docks in their back yards; that the effect of backing
these docks together on alternate lot lines i5 to reduce the number
of teeth and give an effect of 39 docks instead of 72; that a finger
in Clearwater Bay surrounded with boats and yachts would not be un-
sightly or offensive to the community; and that most people purchasing
townhouses are boat oriented. He added that the buyers will be aware
of the exact type of dock they can have; that such restrictions can
be incorporated into their deeds; and that due to the shallow water,
these docks need to be 40 feet long in order to be of any use to the
boaters.
Commissioner Rainey expressed concern that even though a
master plan is approved, the waterfront owners could still come in
and apply for a dock; that the Authority should treat all of these
on an individual basis; and that the Authority could void the master
plan at some future time.
Commissioner Malchon stated that if the concept is approved
the Authority would be committing itself ahead of time and removing its
option to deal with the ratter on an individual basis or to amend the
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regulations if so desired if this became a problem; and that all
docks must conform to the reasonable regulations of the Authority.
Chairman Wornicki indicated that he feels the applicant is
trying to get a predetermined decision in order to guarantee a certain
type of dock to prospective buyers of the townhouses; and that this
is not feasible since the Authority must make the final decision as
to who gets the docks, how many there are going to be at the time
the applications are received and whether or not the particular dock
will interfere with the view or navigation.
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August 28, 1979
Commissioner Chesnut stated that he would prefer one common
dock rather than individual docks.
Commissioner Tyna11 stated that this many boats in such
a small area. might be overcroding the area.
Mr. Marquis suggested that the dock itself could be the
common easement by being placed next to the seawall and having a
continued ribbon dock which would give access to the mooring docks
and no deed restrictions would be needed.
Mr. Evans stated that he is willing to "go back to the
drawing board" in order to develop a different concept.
Chief Plann Mike Kenton, for the City of Clearwater appeared
and stated that the City's position related only to the plan in the
concept of permitting variances and that due to any action this ,
Authority might take, the City ~
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1. Does not guarantee that any individual dock
permits will be recommended and approved.
2. 4di11 not support any dredging operation or
infringement on any submerged grass beds
north or east of the finger.
3. V~ill not support any docks that may cause
navigation problems.
He added that the concept has not gone to the Marine Advisory Board,
the Harbor r2aster or other departments of the City.
' Following discussion, Commissioner Malchon moved, seconded
by Commissioner Tyndall and carried, that the matter be temporarily
deferred to September 18, 1979.
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August 7, 1979
The following is an excerpt from the minutes of the meeting of the
Pinellas County Water and Navigation Control Authority held on the
7th day of August 1979 and appearing in the Authority Minutes Book
as set out below.
MARINA APPLICATION M9806-79 MARINA DEL REY TOWNHOUSES/DONALDSON HOMES,
INC.-PRELIMINARY PLANS-CI;EARWATER HARBOR, SAND REY-DEFERRED TO AUGUST
28, 1979
Deputy Clerk Glen W. Vantrease referred to Marina Application
M9806-79, Marina Del Rey Townhouses/Donaldson Homes, Inc., Preliminary
Plans, Clearwater Harbor, Sand Rey, Clearwater and stated that all
interested parties have been notified by certified mail; that letters
of "no objection" are not required as there are no adjacent property
owners inasmuch as the applicant owns the entire area at the present
time; that the Master Plan has been approved by the City of Clearwater
subject to stipulations; and that the matter is in order to be heard by
the Authority.
Director of Public Works and Utilities Gene E. Jordan stated
that this is a concept for a Master Plan of Docks proposed in con-
junction with the development of the applicant's island with the con-
struction of townhouses; that each townhouse owner would have title
to a waterfront lot and could make application for a dock permit; that
the type dock would be approximately 40 feet long and 8 feet wide with
tie poles extending an additional 1C feet cut into the waterway; and
that the docks will be located in pairs, t~~c ieet a part, splitting
the common property line between the lots anc: providing approximately
42 feet between each pair of docks and providirc~ 73 docks in the over-
all plan.
With the aid of illuminated slides, rs. Jordan pointed out
the following:
1. Clearwater Harbor and the existing island off
Gulf Boulevard, Sand ISey where the proposed
docks are to be constructed.
2. The plan of the proposed. docks shovaing the layout
for the entire island with the docks located near
the property lines rather than in the one-third
cen ter of the lots as required on lots under 60
foot frontage on the water.
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August 7 , 1979
Mr. Jordan explained, in response to Commissioner Malchon's
comments, that master plans have been approved before for trailer parks
and even though this does have an "alligator teeth" effect, it appears
to be the best plan the applicant could present, as the average front-
age is between 23 feet and 27 feet on-the waterfront as shown on a
large scale drawing.
Commissioner Chesnut expressed concern that approximately
seventy-three 20-foot boats in this small area would present naviga-
tional hazards; that the applicant is really only providing a garage
to house the owners' boats; and that he cannot see a concept such as
this being developed over the entire Bay Area.
In response to the Chairman's call for the applicant, Philip
Evans appeared and stated that he represents Donaldson Homes, Inc., one
of the owners of the property; that the firm will be constructing
cluster .townhouses, with six homes to a cluster on this island; and
illustrated same by a large drawing of the proposed construction.
Commissioner Malchon suggested that it might be possible to have six
larger docks, one for each cluster of homes.
Mr. Evans explained that such a plan would not be feasible
in this development since there is no plan for common easements to
the waterfront; that this type of dock would required the homeowners
to either carry their boating equipment from their homes or would
require large parking lots and the island is not large enough for
this type of use; and that since any waterfront owner is entitled
to a dock on the waterfront, the proposed plan seems to be the best
for all parties concerned.
County Attorney W. Gray Dunlap inquired of Nir. Evans if
the actual plat for this development had been recorded and if there
-is an actual homeowners" association at this time, to which bir. Evans
stated that they are committed to the proposed design; that there
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August 7, 1979
would be deed restrictions; that there is a homeowners' association;
and that all docks would have to be constructed within the perimeter
of an established master plan.
Attorney Dunlap stated that since the plat has not been
recorded, it could still be open to changes.
Following further discussion, it was the consensus of the
Authority that the matter be deferred to August 28, 1979 in order to
give the developer time to present a new plan and the Authority to
procure an opinion as to any legal ramifications that might arise and
the availability of locations left in Pinellas County for similar
situations.
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STATE OF FLORIDA
=.COUNTY OF PINELLAS .
__ I ~ Hp,ROLD .MUI,I,ENDORE, Clerk of the Circuit Court and '
Ex-officio Clerk ~to the Pinellas County Water- and Navigation ~~ -:
Control Authority in and for the State and County aforesaid,
DO HEREBY CERTIFY that the above and foregoing is a true and
correct excerpt from the minutes of the Pinellas County Water
and Navigation Control Authority meeting held on August 7, 1979,
August 28, 1979 and
September 18th relative to:
RINA APPLICATION M9806-79, MARINA DEL REY TO RWATERS/PRELIMINARY
~ CLEAR~~P.TER HARBOR, CLEA
- SAND KEY,
HOMES , INC .
PLAN (DEFERRED FROM AUGUST 2E, 1979) - DENIED
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this 5th day of October, 1979
HAROLD MULLENDORE, CLERK OF THE
_ CIRCUIT COURT AND EX-OFFICIO CLERK
• TO THE PINELLAS COUNTY WATER AND
NAVIGATION CONTROL AUTHORITY
~% J~ ((ii
Deputy Clerk
(SEAL)
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