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Changes to the Zoning Bylaw Put off Till April 2nd

By 250 News

Tuesday, March 20, 2007 03:58 AM

Three years in the making, the  City’s revision to the Official Community Plan  and Zoning Bylaw was before Prince George City Council . Too many issues, too many  problems, and the hearing went  too late (midnight) so the  public hearing will reconvene on April 2nd.

The changes to the Zoning bylaw reduces the number of "zones" from 85 to 45 plus another ten that are site specific. 

The changes are not without controversy, as some  appeared before Council to say they have sold property based on the current zoning, but the revisions will change their use and  the  new owners would be "non-conforming".

There are some concerns about changes to the rules involving  setbacks from the rivers. 

Ben Meisner  was one of the principles of a company which developed subdivisions along the  Nechako River.  Although no longer involved with the company, Meisner says there  is a serious  problem that could see the City  in line for possible legal action.  He  told City Council some subdivisions have been developed  and people have purchased  lots  based on lot size measured from "the highwater mark"  but the new zoning  measures set backs from the top of the "bank".  In some cases, lot pins may be 30 feet  away from the  "bank" so,   the question was raised,  will this change mean some people will lose the ability to build their homes as the lot size may be  reduced?  In effect, the concern was that the City may in fact be "expropriating" property from people who have lots along the river. 

Development Services Dan Milburn says the  reduced  set backs could be  revised provided the owner presented a report from a recognized official.   That is a great idea, but another resident advised Council  such a scenario did play out and the City rejected the definition from the environmental specialist.  Bob Hillhouse  added that part of the problem is the City’s definition of "top of bank" are too vague. 

Hillhouse says the Department of Fisheries and Oceans will  enforce the bylaw, but their definition is not the same.  He says it took several months and intervention  by  a Federal M-P to get the proper building permits issued.  Mayor Colin Kinsley was shocked to hear the Federal Government had  a role in a civic matter, but Hillhouse explained  the involvement was at the request of City Staff. 

Hillhouse requested that  with only 6 lots on the  Nechako and the Fraser that are set for  residential development, that Council allow those lots to be grandfathered in, and the new regulations apply to new development.

Also speaking to the  zoning bylaw was Betty Bekkering, the President of the People’s Action Committee for Healthy  Air.  She reminded Council that any zoning changes take into account  impact on health  from  industrial emissions.

There were also concerns raised about the removal of heavy equipment storage from one "zone"  as  lots had been sold along the highway to companies for the sale of heavy equipment, and if the new  rules are adopted the  heavy equipment couldn’t be "stored" on site.

As part of the changes, there would be  revisions to four other bylaws including the  Regulation and Licensing Bylaw,  the Vehicles for Hire Bylaw,  Second Hand Dealers and Pawn Shop Bylaw, and the City’s Flood Plain Regulation Bylaw. 


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Comments

IMO the North side is pretty much already taken by private land owners. I would however like to see at least the section from Stevens to Foothills and on to Riverview protected as park land for at least 500 meters from the river bank. Prime deer habitat in the city and great viewing location that should be preserved for public access.

I criticize Ben for being part of a housing development that didn't account for public access to the river. I don’t think Cottonwood was a fair trade IMO.

In addition to that I would also like to advocate that a public access for a future trail system be preserved. I would like to see from Wilson Park at North Ospika along the river bank through to the first rail crossing on Otway, and then from the Second rail crossing back along the river through to Island Park. It would be one of the great urban trails in Western Canada. The rain forest at the west city limits along the river is one of the cities true hidden jewels that would be a shame to see developed and blocked by private developers. The Island park side channel is the only safe place on the PG rivers systems to swim with children and should be developed a little to save lives.

The South Nechako would then become one of many prime habitat locations for eco-tourism and related type campgrounds. One piece to a larger puzzle if we wanted to reach our true potential as a region and city.
City council has been guilty of uneducated dabbling in environmental matters before. I'd be cautious if I was a land owner by a creek or river bank.
DFO sets the riparian zone set back at about 30 meters along fish bearing streams, but when the city adopted their environmental development zones the sillies on council of the day made the permit trigger at 50 meters! No reason, just being silly.

It was simply an excellent way to collect more city fees.

There are provisions in the new Municipal Act to reduce taxes as recognition of rendering land unusable by legislation, but the city refuses to grant it.

Lots of people don't know how important this "harmless" bylaw improvements can become. City councillors certainly don't know what they are being fed, or the impact of casual lawmaking.