By STEPHEN HAMMILL
The Tampa Tribune
Published: June 14, 2008
KEYSTONE - Hillsborough County commissioners voted 6-1
Tuesday to allow a 24-hour gym to open on land not designated
for all-night businesses.
Anytime Fitness at 17765 Gunn Highway sought a change in a
condition of rezoning that prohibits business hours from 11 p.m.
to 6 a.m.
The condition applies to a plot of land on the northeast
corner of Gunn Highway and Van Dyke Road, where the gym is set
to open.
Representatives for Anytime Fitness, including its
prospective owner James Magliulo, appeared before commissioners
Tuesday seeking to change the condition.
The decision to alter the condition came after about 15
people spoke for or against it.
"We're not seeking to eliminate the condition; we're seeking
to modify it," said Todd Pressman, a colleague of Magliulo who
spoke to the commission on his behalf.
Pressman said the gym would not be open to the public after
business hours (members use a key-card entry system to access
the facility at night). He contended the language of the zoning
condition wasn't intended for such a business.
Odessa resident Anthony Scott Alvarez spoke in support of the
gym. "It's not a place of nuisance; we're not talking about a
nightclub," he said.
District 3 Commissioner Kevin White asked Pressman about
security measures for nighttime operation. Pressman told him the
facility would feature video cameras on its exterior.
But the Keystone Civic Association said allowing the gym to
stay open all night would constitute an irreversible precedent.
"Today you're being asked to change the conditions of the
entire PD planned development," said Steve Morris, a Keystone
resident and civic association board member.
"The petitioner failed in his due diligence to read the
existing conditions of rezoning. Why should he be rewarded at
the expense of the entire community?"
Pressman, in his rebuttal, said the change would not open
"Pandora's box."
"I don't see the impact if you only have members using the
facility," he said.
The debate eventually focused on whether the county
commission could alter the language of the code for just Anytime
Fitness and not future businesses that might move into the
building.
Despite initially recommending the commission not approve the
measure, Paula Harvey, zoning administrator for the county, said
an exception could be made for the gym without requiring
elimination of the rule.
"A condition could be amended to allow a 24-hour fitness or
exercise facilities," said Adam Gormly, attorney with the
county's land-use division. "The change has only been applied
for a geographic portion of the PD."
In the end, the commissioners voted to modify the rule, with
District 1 Commissioner Rose Ferlita the lone vote against any
changes.
Magliulo, who lives in Oldsmar, said with the hurdle cleared,
the gym will begin taking orders for membership soon and open by
August.
Reporter Stephen Hammill can be reached at
(813) 865-1523 or shammill@tampatrib.com.
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