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Disputed Lutz Area Borrow Pit Gets Permit To Proceed

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By B.C. MANION, The Tampa Tribune

Published: February 14, 2008

LUTZ - A special-use permit has been granted to allow a borrow pit on Lutz-Lake Fern Road and to remove 2.5 million cubic yards of dirt over 10 years.

Land-use hearing officer Harold Youmans on Tuesday approved developer Stephen J. Dibbs' request to excavate fill dirt from four holes, ranging from 20 to 35 feet deep, on about 54 acres within a 320-acre tract just west of the Suncoast Parkway.

The approval is subject to 38 conditions, covering everything from hours of operation, to environmental protections, to the hauling route.

In his approval, Youmans noted that the site meets or exceeds all setbacks required by the Hillsborough County code. He also said the use of Lutz-Lake Fern Road "is appropriately constrained" and that the borrow pit is compatible with other land uses in the area.

Opponents were disappointed by Youmans' decision.

"I feel very sorry for that entire area - for the noise and the dirt and the disruption to their lives for the next 10 years," said Denise Layne, land-use liaison for the Lutz Civic Association.

Layne wasn't surprised by the ruling.

"The handwriting was on the wall since Day One that this thing was heading toward approval. There has been process abuse all along," Layne said. She was unsure whether a challenge will be made to the county's land-use appeals board. "All options are open."

Barbara Dowling of the Keystone Civic Association said it is too early to tell whether her civic association will pursue an appeal.

"It's quite a shock," Dowling said. "It's a commercial venture in Keystone. It violates our community plan."

In his ruling, Youmans rejected a request by the staff of the Hillsborough County School Board to prevent dirt trucks from driving past McKitrick Elementary, Martinez Middle and Steinbrenner High schools when they are open for classes or activities.

He agreed with the county planning staff that the school district's proposed restrictions would be "unduly burdensome" and difficult to enforce.

The conditions for approval prohibit dirt trucks from going by the schools between 6:15 a.m. and 4:45 p.m., when classes are in session.

Those restrictions don't satisfy the school district.

"Our concerns for safety have not gone away," said Linda Cobbe, spokeswoman for Hillsborough County public schools.

Neither Dibbs nor his attorney, Vin Marchetti, could be reached for comment Wednesday.

Reporter B.C. Manion can be reached at (813) 865-1507 or bmanion@tampatrib.com.

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