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Hearing Set On Borrow Pit

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By B.C. MANION, The Tampa Tribune

Published: January 23, 2008

Updated: 01/21/2008 08:12 pm

LUTZ - The controversy continues regarding procedures used to consider a request for a borrow pit on the north side of Lutz-Lake Fern Road near the Suncoast Parkway.

Stephen J. Dibbs wants to remove 2.5 million cubic yards of dirt from about 50 acres within a tract of more than 300 acres. The pit would operate for 10 years and would be reclaimed with a manmade lake, either within a residential development or as passive use.

Testimony for and against the proposal was presented during a four-hour public hearing Nov. 16.

Attorney Vin Marchetti and a team of experts explained the merits of the request; opponents raised objections.

After the meeting, some opponents e-mailed county officials to complain about the conduct of Land Use Hearing Officer Harold Youmans and Senior Assistant County Attorney Louis Whitehead III and questioned the fairness of the hearing.

Instead of ruling on the same request Dec. 11, Youmans sent it back to the county staff, requesting another hearing. He said participants did not have an adequate opportunity to respond to last-minute changes to conditions made by the county staff.

A hearing on the request before Youmans has been set for 9 a.m. Friday on the second floor of the Frederick B. Karl County Center, 601 E. Kennedy Blvd.

Denise Layne, land-use liaison for the Lutz Civic Association, was among those challenging the original hearing. Now, she's questioning the notice sent for Friday's hearing.

She objects to a portion of the notice that limits participation to only those who took part in the hearing Nov. 16.

She took her complaint to the county commission, warning commissioners that the county could be in legal jeopardy by allowing the hearing to proceed.

The county's legal staff is comfortable with the notice.

In an e-mail Jan. 16, Whitehead told Layne the notice for Friday's hearing is consistent with Youmans' remand, the powers granted to the land-use officer under the county's development code and Florida's law governing notice requirements for quasijudicial proceedings.
Youmans had no comment on the notice. He said he customarily doesn't look at them until shortly before a hearing, and he always asks before a hearing begins whether there are preliminary issues he needs to consider.

On another front, the county's planning staff continues to support Dibbs' request.

In a staff report Jan. 15, planners called for approval of the borrow pit, subject to 38 conditions.

Planners said the proposed borrow pit "is generally compatible with existing development on surrounding properties."

They said the borrow pit meets or exceeds all setback and separation requirements of the Land Development Code.

They also noted the borrow pit operation will have a limited effect on Lutz-Lake Fern Road because only a small section of the road will be used, unless the trucks are carrying dirt for public projects on Lutz-Lake Fern Road.

The conditions limit hours of operation, require security and buffering measures, and prohibit the operation from beginning until the Suncoast Parkway interchange on Lutz-Lake Fern Road is opened, or dirt is needed for that project, construction of the high school or the widening of Lutz-Lake Fern Road east to North Dale Mabry Highway.

To reduce the effect on area schools, planners recommend no hauling be allowed near McKitrick Elementary, Martinez Middle or the new public high school from 6:15 a.m. to 4:45 p.m. on days when classes are in session.

At the hearing Nov. 16, school district staff members asked the hearing officer to ban truck traffic near the schools when they are open or holding activities.

Planners said that requirement "would be unduly burdensome to the petitioner and pose significant compliance and enforcement problems due to the irregular scheduling of evening and weekend activities."

After Friday's hearing, Youmans has 15 business days to issue a ruling, which can be appealed to the land use appeals board.

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

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