Dodging turds BOCC postpones Pond Creek septic tank decision

BOCC postpones Pond Creek septic tank decision

by Deborah Nelson
December 13, 2007

When Santa Rosa Commissioners rezoned 44 acres near Pond Creek in 2005, neighbors were under the impression that the new subdivision would be serviced by sewer, rather than septic tanks.

Now, the developer has filed for a change order to install septic tanks.

“It was presented to the public and it was presented to this Board that there would be a sewage system there, and I believe that’s why it was passed for the higher density,” neighbor Ginny Garrett remarked at Thursday’s commission hearing.

The proposed development is located on the 5000 block of Hamilton Bridge Rd., abutting Pond Creek.

The Creek, which hosts native fish, wildlife and plants, empties into Blackwater Bay. Concerned about possible ecological impact, neighbors had originally asked the BOCC to ensure new homes would be serviced by sewer.

“We live on Pond Creek. We swim in Pond Creek, and it’s still clean where we live,” Garrett noted.

“Directly across from the Mitchell Homes proposed subdivision, my children swim in that creek, and I would like for my grandchildren to be able to swim in that creek.”

“We all know there’s an E. coli problem in Pond Creek,” Commissioner Bob Cole remarked. “My wife used to be able to walk down there and swim in it…everybody in this community used to be able to swim in that creek, and now you can’t because you’ve got to dodge the turds.”

According to a tape of the November 21, 2005 meeting, Cole specifically asked attorney Angela Jones if the proposed development would include sewer service. Jones was representing then-owner Jim Williamson, who subsequently sold the land to Mitchell Homes development company.

“Yes sir, I believe it is city sewer…both Pace Water and Pace Sewer,” Jones noted.

“I just wanted that on record that it will not be septic tanks,” Cole replied.

But the Board never officially specified that sewer was a condition for rezoning approval.

The property was rezoned from agriculture (one home per acre) to R1A residential (six homes per acre). The project in question proposed 54 homes, 16 of which directly front Pond Creek.

Now, in response to Mitchell Homes’ recent change order request, commissioners are discussing reversing the 2005 decision, reverting the property from residential back to agricultural classification. A reversal would allow about 30 homes, planning staff said.

Mitchell Homes opposes the reversal.

Pointing out that the Board never actually conditioned the rezone on sewer service, Mitchell representative Daniel Saba noted that if a zoning reversal goes through, the project could still include septic tanks on Ag-zoned property.

“Even if this Board rezones this back to an agricultural district, there would be nothing that would prevent Mitchell Homes from putting septic tanks there. There would be nothing that would prevent them from putting the exact number of lots and septic tanks along Pond Creek,” he remarked.

Saba says the septic tanks will be placed too far from the Creek to impact it environmentally, and that perk tests showed the soil will drain correctly throughout the property. Tanks will meet state and county standards, he told the Board.

“Mitchell does not want to destroy any water,” said Saba. “That’s not the issue here.”

Cole says efforts are underway, countywide, to reduce septic tanks near water.

“I don’t appreciate this being put in our face now, because we just discussed spending thousands upon thousands of citizens’ dollars, through grants, to mitigate getting septic tanks off of our waterways in three areas of this county, and we’re asking for more money to do that,” he remarked.

“Now you’re up here asking us, well, let’s create another problem -- so in the future we can ask for more grant money to get this subdivision off of septic tanks too.”

“This is where I’ve got to draw the line…we’ve worked too hard to mitigate these problems for our wetlands and for our streams and our vital resources to turn around and do something different now,” said Cole.

At Thursday’s meeting the Board tabled the issue until January.

“If we have a drainage plan and we suddenly switch to septic tanks, that could change the drainage plan…we’ve got to be very cautious about that and we don’t decide that in a meeting today,” Commissioner Gordon Goodin remarked.

The County has already issued one development order permit for the project. It specifies the new homes will include sewer service.

But Mitchell officials contend that legally, the County must approve the development change order to septic tanks because the change would not violate anything in Santa Rosa’s current land use code.

The sticking point revolves around the definition of sewer service ‘availability.’

Santa Rosa’s Land Development Code requires new developments to hook into sewer if it’s ‘available’ within ½ mile.

The developer is responsible for funding the first ¼ mile.

Pace sewer service is currently about one mile from the Pond Creek development, according to county information, too far to require Mitchell use it.

But before the 2005 rezoning hearing, Pace Water issued a letter stating that sewer service would be available for the project, officials said.

Mitchell Homes says costs to hook into Pace Water System turned out to be more expensive than they had planned for.

The water company agreed to pay the cost of extending the sewer line to within ¼ mile of the project, but will not pay the added pump expense to transport service the additional ¾ mile beyond the ¼ mile the developer is responsible for, according to a Planning Department letter.

That doesn’t meet the official definition of ‘available,’ Department officials contend.

“Therefore, they are not required by [county] code to connect,” the letter, from Planning Director Beckie Faulkenberry to the BOCC, asserts.

Cole asked Saba if the company had challenged Pace Water’s decision.

“Ever deal with Pace Water?” Mitchell Homes General Manager Paul Saba replied. “We deal with them every day. They have a certain set of rules and standards they go by and they don’t deviate.”

“Just because a developer and a utility can’t agree, that does not justify destroying bodies of water,” Commissioner Don Salter remarked. “The developer should have a true understanding of what will be done before they agree to buy the land. If Pace Water’s not living up to their obligation or responsibility or their commitment, then Mitchell needs to sue Pace Water.”

Milton resident Jerry Couey urged the Board to disapprove the change order on principle.

“Don’t approve any more septic tanks within 1000 feet of a body of water,” he remarks. “Unintelligent development is the very cause of all of our bodies of water being polluted now, because of encroachment near ponds and streams. All it takes is one little subterranean finger of sand to allow fecal coliform to get down into the creek. I don’t care what the experts said, even 300 feet’s not far enough. They just need to stop it.”

Commissioner Tom Stewart says he’ll disregard water company letters of availability in future zoning decisions.

The BOCC will revisit the issue in January. In the meantime, officials say they’ll review the County’s franchise relationship with Pace Water and other utilities.

“There’s a heck of a lot of homework that better be done between now and next meeting,” Goodin remarked.