Code change would halt Pond Creek septic tanks

Code change would halt Pond Creek septic tanks

by Deborah Nelson
January 8, 2008

Santa Rosa Commissioners snubbed a proposed code change to prevent septic tanks near waterways at Monday’s commission hearing -- but the issue’s not dead yet, says Commissioner John Broxson.

Broxson proposed the Land Development Code change to ban septic tanks within 1000 feet of pristine water bodies. He says he’ll continue to pursue the measure in coming months. County staff are currently refining the proposal for future consideration, according to Broxson.

“If it takes three months that’s fine,” he notes. “I just want to make sure it’s in the cooker.”

According to County Attorney Tom Dannheisser, a code change appears to be the only way to prevent Mitchell Homes from installing septic tanks in a subdivision abutting Pond Creek.

The creek hosts native fish, wildlife and plants; and empties into Blackwater Bay.

Commissioners rezoned the 44-acre site in 2005, after being assured the project would serviced by sewer.

Now, developer Mitchell Homes has filed a change order to use septic tanks instead. Mitchell Homes officials say the costs for a new lift station and pump make sewer service are more expensive then expected.

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 and Pace Water officials sparred over the definition of “available.”

The Pace Water letter, dated August 19, 2005, states that sewer service “can be made available within ¼ mile from the proposed development.”

Pace Water officials said the company usually reimburses developers to the required ¼ mile tie in distance after infrastructure is built and installed and homes are sold.

“We’re not going to front a subdivision all of that distance not knowing whether all of [the homes are] going to build or what…we have to protect our customer base,” said Pace Water General Manager Ted Dotson.

A ‘utility narrative’ on the (Timberwolf Plantation) project’s Preliminary Plat, dated February 14, 2007, provided by neighbors, states:

“Sanitary Sewer: The developer plans to connect, after receiving DEP, Pace Water System, Inc., and Santa Rosa County approvals, to the existing adjacent system of Pace Water System, Inc, by constructing all the necessary underground sanitary manholes, pipes, lift station and forcemain to serve the development. Upon completion, these will be given to Pace Water System, Inc., for acceptance and maintenance.”

But now, the developer says costs of doing business require the change to septic, hence the recent change order.

Mitchell Homes spokesperson Daniel Saba, at a previous hearing, said 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.

“Septic tanks are notorious for failing and I think we all know that,” UWF Professor of Marine Biology, Dr. Charles D’Asaro told the Board, Monday. “Sooner or later they’re going to fail.”

D’Asaro cautioned that septic tanks may end up costing more, in the long run, on cleanup. The county is currently spending millions to switch from septic to sewer in several neighborhoods, Commissioner Bob Cole pointed out.

But under current code, the Pond Creek subdivision is too far from a water service provider to require sewer, and Commissioners did not officially make sewer service a requirement for rezoning approval.

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 former owner Charles “Jim” Williamson, who sold the land to Mitchell Homes development company in June 2006, according to the Property Appraiser’s website.

“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 discrepancy illustrates the often-byzantine processes residents must master to follow Florida land use changes.

For example, at Monday’s meeting, Cole asked why the deed transfer from Williamson to Mitchell Homes was dated June 2005 -- prior to the November zoning hearing where Williamson’s lawyer requested the upzoning.

The deed was executed before the final sale to Mitchell Homes closed in 2006, according to Dannheisser.

Commissioners vote Thursday on reversing the 2005 rezoning, to revert the property from residential back to agricultural classification. A reversal would reduce the project from some 54 to 30 homes, planning staff said. The reversal would have to go through a series of public hearings before becoming final.

Commissioners Tom Stewart and Gordon Goodin said they oppose reversing the original rezoning. Commissioners John Broxson, Don Salter and Bob Cole said, Monday, they support it.

Mitchell Homes opposes the reversal.

The lots by the creek would still be built with septic tanks, according to Mitchell Homes Pensacola General Manager Paul Saba.

If approved on Thursday, a zoning reversal would not be enough to invalidate the development change order, anyway, Dannheisser advised.

To prevent the development from moving forward with septic tanks near the water, he said, would require changing the Land Development Code.

Broxson says he’ll continue to work on getting that change before the Board, after it was dropped Monday.

Opponents in the audience objected to the Code change because it could penalize landowners who had bought property with the intention of building homes near water, on septic tanks.

Goodin objected to addressing Broxson’s proposed change, Monday, because it had not been announced on the agenda. The Board did discuss four other items that had not been added until that morning: a School Board request to place equipment on the Central Tower; a south end MSBU change; CDBG grant change orders and setting a capital outlay workshop date.

Noting that the City of Milton may offer an alternative source of sewer service, Goodin also advised Mitchell Homes to find out about costs to connect with that provider.

“I’m not sure you exhausted all your options before going to your request for septic tanks,” he noted.

Update: Mitchell Homes agrees to sewer