Ball park seeks to use outdoor lights

By EVE LEBERSON

© St. Petersburg Times, published July 2, 2000

KEYSTONE -- To the chagrin of many neighbors, the owner of a baseball complex on Crescent Road is appealing the 1995 decision by a zoning administrator that restricts outdoor lighting at the facility.

Chuck Fest bought the property late last year from Janice Rodda, who used the land as a baseball and softball camp for children. Fest now is asking the county to permit the use of lighting after dusk at the complex's new batting cages.

Time and again nearby residents have complained to the county about the lights from the baseball facility invading their homes. After inspecting the property last year, county officials cited zoning violations, including signs that had not been permitted, batting cages too close to the property line and field lights after dusk.

According to Steven Moore, who represents Fest, the original ruling is based on a 1994 petition by the former owner. That ruling prohibited the use of illumination other than security lighting. Moore argues lighting is permitted under the Land Development Code for many other uses, including parks and recreational facilities.

The property now consists of batting cages and one baseball field for training activities. (Petition 00-1060)

NORTHDALE: Nextel Communications is applying for a special use permit to build a 120-foot telecommunication tower on Casey Road, near the intersection of Ehrlich Road.

The site is currently zoned for business or professional offices and, therefore, is required to undergo a special use review. Surrounding properties include commercial and office buildings. (Petition 00-1062)

TOWN 'N COUNTRY: In a another petition, Sprint PCS is asking for a special use permit to build a 180-foot communication tower south of Waters Avenue and west of Sitka Street.

The planned tower will serve three wireless communication carriers in addition to Sprint PCS. Security fencing will surround the tower, which will have dual mode lighting, red at night and white during the day. (Petition 00-1063)

The Hillsborough County Commission last week approved these four rezonings:

CITRUS PARK: A Circuit City will set up shop on the south side of Gunn Highway, just west of the Veterans Expressway. The new store will occupy 40,000 square feet. The rezoning also will allow for a freestanding store of 10,000 square feet on the 4.6 acres.

The petition had met with some opposition, mainly because people feared traffic from the store's parking lot would endanger pedestrians using the nearby upper Tampa Bay Trail. The county approved the petition subject to several conditions: among them, the developer must install warning strips, bollards and other multicolored safety features to alert pedestrian traffic. Also, a speed hump must be installed at the parking lot exit to force vehicles to stop for people using the trail. (Petition 00-537)

WESTCHASE: Aston Care Systems was allowed to build a larger assisted-living facility than it originally planned at Linebaugh Avenue just west of Westchase. Construction of a 650-unit facility was first approved in the early 1990s. This week's decision will allow 775 units. (Petition 00-0520)

LUTZ: Ken and Lynn Hay were granted permission to build a horse barn on almost 6 acres just north of Lutz-Lake Fern Road.

The property had been zoned for houses, as part of a larger residential project. (Petition 00-0531)

TOWN 'N COUNTRY: Whispering Oaks will add 295 houses to the existing subdivision north of Mullins Road and south of Linebaugh Avenue. Lindell Investments Inc. was given approval to build on the 32.8-acre parcel, now occupied by an abandoned rail station. Planners endorsed the petition. (Petition 00-0275)

LUTZ: Land flanking the Suncoast Parkway north of Lutz-Lake Fern Road is entitled to a more urban style of development than county land use laws allow, an attorney for the landowner argued Friday.

"We are going to be asking for some relief as to lot sizes so it will be appropriate with the expressway running through the property," attorney Rhea Law told a vested rights hearing officer.

At issue is whether the property should be exempt from or "vested against" changes enacted last year that tightened development limitations outside the county's designated urban areas. In such cases, previously zoned property can be exempted if the landowners establish that they have invested heavily in plans based on the original rezoning.

Law described the expenses in this case as "in the hundreds of thousands of dollars."

In 1992, the property was rezoned for 303 houses on 328 acres. Then 73 acres were condemned for the Suncoast, splitting the tract. (Petition 00-0552)

Decisions on Friday's requests are due in three weeks. Besides the Lutz item, a land use hearing officer heard these cases:

TOWN 'N COUNTRY: The Yellow Rose Steakhouse and Saloon wants a special use permit to serve alcoholic beverages.

In 1975 the establishment on Memorial Highway received a license from the county, but that license covered only half its floor space. In essence, some tables in the restaurant may be legally zoned for alcohol, while others aren't. County staffers discovered this discrepancy when they responded to neighbors' complaints about loitering and noise. Because of it, the restaurant now must file for a new "wet zoning."

County staff have opposed the request because of noise from the restaurant. And although the restaurant has not violated any noise ordinances and is in an area properly zoned for alcohol use, staff said that establishments that serve alcohol should be farther away from homes. (Petition 00-0395)

ODESSA: Robert and Judy Stephenson will have to wait a little longer while a land use officer decides whether they can add 10 feet to their garage and remodel the front of their house on Armistead Lane.

The Stephensons are asking for a variance to a front yard setback that didn't exist when the home was built in 1975. They want to reduce the front yard setback of 50 feet to 30 feet. (Petition 00-0763)

- Staff writer Bill Coats contributed to this column.

© St. Petersburg Times. All rights reserved.