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24-Hour Keystone Gym Gets Go-Ahead

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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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