A request to allow a private baseball and softball school in Wesley Chapel has gained approval from the Pasco County Commission.
In granting the request, commissioners overturned a decision made on Feb. 21 by the Pasco County Planning Commission.
Planning commissioners had denied the request , despite a recommendation for approval by county planners, who said the request was consistent with the county’s comprehensive plan, as conditioned.
Attorney Barbara Wilhite appealed the planning commission’s denial, on behalf of her clients, Ryan A. and Elizabeth J. Prior.
The approval allows the school to operate on 5 acres, on a property 320 feet south of the intersection of Hadlock Drive and Elkmont Lane.
The rules governing the appeal hearing, which was held Aug. 6, barred the introduction of new testimony, so Wilhite explained her clients’ request by outlining the conditions contained in the original request.
Among other things, those conditions included:
- Limiting the number of students on the property on any given day, and at any given time
- Limiting the hours of operation
- Prohibiting outdoor speakers and public address systems
- Keeping balls within the applicants’ property
The main issue during the planning commission hearing dealt with access to the site, Wilhite said.
One proposed condition dealt specifically with improving the road, but the attorney noted, “ultimately, the neighbors objected to anything being done with that road.”
Wilhite also pointed out that during the planning commission hearing, the county staff testified the road was accessible.
Wilhite characterized the planning commission’s action on the request as being confusing.
“It ended up being a 3-2 vote for denial. Interestingly enough, that swing vote was the person who recommended approval and moved approval,” she said.
The motion for approval “didn’t get a second,” she added, “and then that person ended up being the swing vote for denial.”
Wilhite also cited testimony by Denise Hernandez, of the county’s planning staff, who told planning commissioners that another baseball school had been approved on land with the same zoning category about 2 miles away.
“The record was very clear, and your staff was very clear that this was a compatible use,” Wilhite said.
Elizabeth Prior also spoke to commissioners.
“Obviously, myself and my husband are the applicants for this special exception.
“The neighbors that are objecting, we bought the house from them. They had full knowledge of what we wanted to do before we bought the house from them.
“My husband does private clients, it’s one on one, maximum of four at any one time.
“The staff at Pasco County approved the application, with conditions,” she said, adding that two staff experts testified that the road was sufficient.
She told county commissioners that Planning Commission Michael Cox’s motion for denial appeared to be based on “opinion” rather than the record.
Attorney Dave Smolker, of the law firm Smolker Bartlett in Tampa, represented the Dion family, who own property next-door, during the appeal.
“The Planning Commission got it right. This use is simply too intense for this particular location. Sometimes that’s the way it is. It’s a square peg in a round hole,” Smolker said.
He also attempted to introduce information that was not part of the record during the planning commission meeting, which was met by objections from Hernandez.
Smolker told commissioners there was no basis for overturning the planning commission’s decision.
Pasco County Commission Chairman Ron Oakley asked Hernandez to compare the conditions for the current request with the baseball school that was previously granted.
Hernandez said the conditions proposed for the Priors’ application were stricter.
Commissioners Kathryn Starkey and Mike Moore spoke in favor of overturning the planning commission’s denial.
“I’m kind of shocked that this was denied,” Commissioner Kathryn Starkey said.
Commissioner Mike Moore agreed. “I’m going to support overturning this,” he said. “I think this is ridiculous.”
Beyond overturning the planning commission’s decision, board members also called for reducing the restrictions on the baseball and softball school.
For instance, they increased the allowable hours of operation, and they removed a condition relating to road improvements.
Published August 14, 2019
