Hillsborough developer challenges limitations on borrow pit

KEYSTONE — Last month, a Hillsborough County land-use hearing officer approved — with conditions — a Northdale developer's request to dig 2.5-million cubic yards of dirt near Lutz-Lake Fern Road.

The decision was supposed to cap a string of lengthy and contentious public hearings on the proposed borrow pit in northwest Hillsborough County.

Now it appears the case is far from over. Vin Marchetti, attorney for developer Stephen Dibbs, has called for a new hearing.

In a letter to the county, Marchetti said the conditions, which regulated when and where trucks can haul the dirt, were "discriminatory" and "not reasonable."

Trucks wouldn't be allowed to pass McKitrick Elementary, Martinez Middle and the future Steinbrenner High while school is in session between 6:15 a.m. and 4:45 p.m. And there would be no dirt hauling between 6 p.m. and 7 a.m. Monday through Saturday.

"The condition is not reasonable because the restriction only applies to this particular excavation site," Marchetti said. "There is no similar restriction on any other hauler or land excavation site in Hillsborough County."

Harold Youmans, the hearing officer, agreed and directed the county staff in a two-page ruling to schedule a new hearing on the matter. It will be held sometime in April, said Paula Harvey, the county's zoning administrator.