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Borrow Pit Kicks Up More Dust

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By B.C. MANION

The Tampa Tribune

Published: September 17, 2008

LUTZ - The county's Land Use Appeals Board is scheduled to consider objections from the developer of a planned borrow pit on Lutz-Lake Fern Road and from those who oppose it during two appeals cases next month.

Stephen J. Dibbs, the developer of the borrow pit, is challenging conditions limiting where the haul trucks can go and when the borrow pit can begin operations.

The Lutz and Keystone civic associations' appeal asserts that Harold Youmans, a land use hearing officer, disregarded expert testimony on compatibility issues. They also say there were due-process violations during two public hearings on the request.

Youmans, on Feb. 11, approved a special-use permit for a borrow pit on the north side of Lutz-Lake Fern Road, just west of the Suncoast Parkway. The permit grants Dibbs permission to remove 2.5 million cubic yards of dirt during a 10-year period for use in construction and roadway projects.

The land use appeals board is expected to consider both appeals during its 9 a.m. hearing on Oct. 3, on the second floor of Frederick B. Karl County Center, 601 E. Kennedy Blvd.

At the hearing, the board can either uphold the hearing officer's decision or remand it.

If the cases come back to the appeals board for a second hearing, the appeals board has the authority to overturn and amend the hearing master's decision.

Appeals board decisions can be challenged in 13th Judicial Circuit Court.

The October hearing will just be the latest in a series of clashes over the planned borrow pit.

Objections to approval of borrow pit have been voiced by local residents, while Dibbs opposes conditions imposed on use of the pit.

The hearing officer's attached 38 conditions to approval of the special use permit, which is good for 10 years from the time an operating permit is issued.

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

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