More than 75 people, most from the Elgin community, attended the UDO public hearing Tuesday night to voice their concerns about the ordinance’s Environmental Hazardous Overlay District, which they fear will restrict their land use. Many addressed the Planning Commission during the citizens’ comments portion in the four-hour meeting.
Members of St. Luke United Methodist Church and the surrounding community had heard rumors that if their church burned down they would not be allowed to rebuild it in the same location. County officials assured them that was not the case.
“There is a genuine concern about the establishment of the rail-pipeline overlay affecting their property values and their ability to use their property as they choose,” said County Council Chair Bob Bundy.
He said most residents had questions about property values, insurance costs, and limits on rebuilding if disaster strikes.
“These are all legitimate questions, and I hope some were answered the other night,” Bundy said.
According to the proposed UDO, the Hazardous Pipeline/Rail Overlay is “established to protect the general public from unnecessary risk, promote public health, safety and welfare associated with transmission pipelines and rail corridors by providing a margin of restricted use within close proximity to both hazardous pipelines and rail.”
The Hazardous Pipeline/Rail Overlay has a 550-foot zone from the center of the railroad tracks prohibiting “high-consequence land uses.” Those are locations where a train derailment or pipe leak could have the most significant adverse consequences. such as near a church, school or nursing home.
St. Luke Methodist sits within the zone, while the parsonage is just beyond the zone, according to St. Luke pastor Bill McCown.
“The unintended consequences are my greatest concerns,” said McCown. “The change in zoning may affect insurance rates.”
McCown’s worries include the possible restrictions on St. Luke with regards to future growth, the recreation field and a structure that may be used for a future Boy Scout hut or day-care center.
Elgin resident Rudy Carter, owner of Do It Printing, said his main concern is the economic impact on the Elgin community. He said he feels property values will decrease as a result of the overlay district.
“I told them I thought it was total zoning overkill and that I didn’t see any reason for the overlay to be put into place and that it would negatively impact property values all along that line. It’s not just Elgin, but it is also Pleasant Hill, Heath Springs and Kershaw.”
The railroad runs parallel to U.S. 521 all the way to Kershaw.
Carter said he got conflicting answers from several members of the planning commission about the overlay-district zoning’s effects on property.
“It makes me a little leery of what is going on,” he said.
Overall, Carter said he felt the planning department listened to the citizens and feels they will take their concerns into consideration.
Planning Director Penelope Karagounis said the planning commission will hold its next public hearing at 6:30 p.m. Oct. 3. In the interim, the commission will be working on possible changes to the proposed UDO.
“We are taking a look at the revisions from the workshop held Monday night with county council, state and county agencies’ comments and the public hearing comments,” said Karagounis. “We are regrouping and we will make some revisions.”
Eight percent of the comments and concerns were about the pipeline and rail overlay, Karagounis said.
“The purpose of the overlay districts is to limit the number of people who could be in harm’s way if an event happens,” said Patrick Helms of the county emergency management office.
“In the past, there have never been policies in the county that said you can’t build a structure because of safety reasons,” Helms said.
Emergency management’s concerns focus on hazards in pipeline and rail corridors that might place people in hospitals, churches, schools and nursing homes within close proximity to hazards. In particular the concern focuses on high-density populations that cannot evacuate themselves.
The pipeline/rail overlay does not prevent single-family homes, businesses or any routine uses of land, but it would prevent places of assembly, Helms said.
Helms addressed the concerns regarding the recreation field at St. Luke and he said the overlay places no restrictions on the ball field.
Many cities build developments around pipelines and use the land for green spaces and parks, Helms said.
There were some misunderstandings about whether a home or church could be rebuilt if it burned down, but they absolutely can, Helms said.
“It’s never been our intention to cause harm to anyone or any property,” Helms said. “Emergency management’s intention is to protect the public and especially those who can’t protect themselves.
“We are being proactive to prevent possible tragedy,” Helms said.
Past disasters such as the 2013 explosion of the fertilizer plant in West, Texas, have served as a lesson for emergency management officials. The fertilizer plant was near a school, a nursing home and an apartment building, which created havoc for emergency personnel.
Prior to the UDO rewrite, Lancaster County had no zoning laws preventing building structures near hazardous pipelines or railroads.
The new UDO has certain zones within a certain number of feet from the center of the pipeline or railroad tracks which restrict new habitable structures, another that restricts new structures with vulnerable populations, and a third that requires notification to the rail or pipeline about these new structures, Bundy said.
He said the county has tried not to change the land-use options of property owners through the establishment of the new zoning classes. The new overlays are likely the main cause for confusion, Bundy said.
“The concerns will be considered and the document refined to reflect some of the concerns,” Bundy said.
After, the planning commission’s special meeting and public hearing Oct. 3, the UDO will be submitted to the Lancaster County Council for approval.
8/26/16
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