B-6 a) REPORT To: Regional Board Chair and Directors Date: May 20, 2016 From: Bruce Simard, General Manager of Development Services Claire Negrin, Asst. Manager of Development Services Subject: UPDATE ZONING REGULATIONS FOR UTILITIES in ELECTORAL AREA C RECOMMENDATION(S): THAT the Regional Board read Zoning Amendment for a first and second time; and THAT the Regional Board authorize holding a Public Hearing; and THAT holding of the Public Hearings be delegated to Director Sperling. BACKGROUND/RATIONALE: The Regional Board passed the following resolution at the May 12, 2016 meeting: RD/16/05/35 MOVED Director Rose, SECONDED Director Hiebert, That Zoning Bylaw No. 1343, 2001 be amended to include a new zone P3 - Sewage Lagoons, for the portion of Electoral Area C that is within the North Peace Fringe Area. CARRIED. Concerns have been brought to the attention of Director Sperling regarding the use of an existing lagoon on I-1 zoned land (near the Charlie Lake School), for disposal of sewage by a commercial sewage hauler. There has also been inquires to use other properties in a similar fashion within Area C. It has been determined that this use is currently permitted by the existing PRRD zoning as well as Northern Health and Ministry of Environment (MOE) regulations. At the March 10, 2016 Regional Board meeting, the following resolution was also passed in regard to Northern Health and MOE: That a letter be forwarded to the Ministry of Environment and Northern Health to request that no further authorizations by delegated professionals, such as on-site waste practitioners, be issued for the hauling of domestic sewerage to private lagoons until such time as the practice can be monitored by those respective agencies, with copies to South Peace MLA Mike Bernier and North Peace MLA Pat Pimm While this is intended to address the Provincial permitting for the operation of private commercial lagoons, it does not affect the location of such an activity. The authority to determine location resides in PRRD zoning powers. Staff Initials: Dept. Head: CAO: Page 1 of 3
B-6 a) Report Chair and Directors May 20, 2016 Page 2 of 3 This recommendation for amending the zoning arises from unforeseen problems with the current zoning definitions for Public Utility Use and Community Sewage System contained in Zoning Bylaw No. 1343, 2001, which also allow a PUBLIC UTILITY USE in any zone and specifically in the I-1 zone: PUBLIC UTILITY USE means the use of land, buildings or structures providing for the servicing of community water, COMMUNITY SEWER, drainage, electrical, radio and/or television receiving or broadcasting, telephone exchange, telecommunication relay, natural gas utility distribution, air navigational aid, solid waste disposal transfer stations, transportation, and similar services where such use is established by a municipality, the Regional District, an Improvement District or a utility company regulated by government legislation; COMMUNITY SEWAGE SYSTEM means a common system of sewerage and sewage disposal, which serves two (2) or more parcels; This definition for Public Utility Use has been in place for many decades, but as a result of more recent court decisions in other jurisdictions, legal advice indicates that the provision in the definition where such use is established by a municipality, the Regional District, an Improvement District or a utility company regulated by government legislation, is not authorized by the Local Govt Act, because zoning powers do not include the authority to zone according to ownership. If legally challenged, we are advised that a court would likely strike the offending provision from the definition, thus removing the intended limitation for public ownership. Since a PUBLIC UTILITY USE is permitted in any zone this would result in the ability for anyone, including private commercial interests, to undertake a PUBLIC UTILITY USE any place in the zoning area. The major concern of this happening is the potential for inappropriate locations that would result in a high degree of land use conflict. Thus, this recommended zoning change is being proposed to ensure that the zoning is updated so that regulations are secure in the ability to manage the location of utilities, and in particular, sewer lagoons that provide storage and treatment for off-site effluent. Based on recommendations from EADC that were approved by the Regional Board on May 12, 2016 (noted above), this zoning update is being proposed only for Electoral Area C at this time. The necessity for such a change in the other Electoral Areas will be further reviewed by the Board at a future date, as per the following Board resolution from May 12, 2016: RD/16/05/36 MOVED Director Goodings, SECONDED Director Rose, That staff prepare a report defining the benefits and detriments of implementing a zone P3-Sewage Lagoons in each Electoral Area for the Board s review at a future meeting. CARRIED. Proposed Remedy: The proposed zoning bylaw amendment included with this report modifies Zoning Bylaw 1343, 2001 to achieve the following objectives, applicable only to Electoral Area C :
B-6 a) Report Chair and Directors May 20, 2016 Page 3 of 3 Update definitions for utilities to more commonly used formats. Update definition for community sewer to apply only to underground infrastructure. Differentiate utilities between major and minor utilities. Specify minor utilities that are permitted in all zones. Prepare a new P-3 zone for major utilities. Include a use for Sewer lagoon to provide storage and treatment for off-site effluent that is permitted only in the new P-3 zone. Include a use for Solid waste disposal site that is permitted only in the new P-3 zone. The effect of these changes will be as follows: Clearly identify major utility uses that will require site-specific zoning (P-3 zone). Clearly identify those essential, minor impact utilities that can occur in all zones. Existing PRRD and private activities will be grand-fathered as existing non-conforming pursuant Division 14, Part 14 of the Local Government Act. If not already pre-zoned or grand-fathered, new proposals for uses under the P-3 zone would require a rezoning process to confirm the location is appropriate with public consultation. Existing and new sewage lagoons receiving on-site sewage generated from the same property they are located on will not be affected. STRATEGIC PLAN RELEVANCE: Work will contribute to a regional zoning bylaw which is a Regional Board strategic priority for completion by the end of 2018. FINANCIAL CONSIDERATION(S): Cost of public hearing COMMUNICATIONS CONSIDERATION(S): Public Hearing required for zoning amendment. OTHER CONSIDERATION(S): The potential for unmanaged proliferation of commercial sewer lagoons could result in inappropriate locations that may cause a high degree of land use conflict.
PEACE RIVER REGIONAL DISTRICT A bylaw to amend the Zoning Bylaw No. 1343, 2001. WHEREAS, the Regional Board of the did, pursuant to the Province of British Columbia Local Government Act, adopt Zoning Bylaw No. 1343, 2016"; NOW THEREFORE the Regional Board of the, in open meeting assembled, enacts as follows: 1. This bylaw may be cited for all purposes as Zoning Amendment Bylaw No. 2249 (Utilities EA C ), 2016." 2. The Zoning Bylaw No. 1343, 2001" is hereby amended in the following manner: a) By deleting the following definitions from Section 3: PUBLIC UTILITY USE means the use of land, buildings or structures providing for the servicing of community water, COMMUNITY SEWER, drainage, electrical, radio and/or television receiving or broadcasting, telephone exchange, telecommunication relay, natural gas utility distribution, air navigational aid, solid waste disposal transfer stations, transportation, and similar services where such use is established by a municipality, the Regional District, an Improvement District or a utility company regulated by government legislation; COMMUNITY SEWAGE SYSTEM means a common system of sewerage and sewage disposal, which serves two (2) or more parcels; b) By adding the following definitions to Section 3: PUBLIC UTILITY USE means the use of land, buildings or structures providing for the servicing of community water, COMMUNITY SEWER, drainage, electrical, radio and/or television receiving or broadcasting, telephone exchange, telecommunication relay, natural gas utility distribution, air navigational aid, solid waste disposal transfer stations, transportation, and similar services where such use is established by a municipality, the Regional District, an Improvement District or a utility company regulated by government legislation (Electoral Areas B, D, and E only); COMMUNITY SEWAGE SYSTEM means a common system of sewerage and sewage disposal, which serves two (2) or more parcels (Electoral Areas B, D, and E only); 1 Page
UTILITY, MAJOR means the use of land, buildings or structures for one or more of the following: sewage treatment facilities (not including sewer lagoon), water treatment plants, major pump houses, water towers or tanks, drainage, electrical, radio and/or television receiving or broadcasting, telephone exchange, telecommunication relay, electrical generation stations and similar services (Electoral Area C only); UTILITY, MINOR means the use of land, buildings or structures for the unattended equipment and infrastructure necessary for the operation of one or more of the following: community water system, COMMUNITY SEWER, natural gas distribution, solid waste disposal transfer stations, radio or television transmission system, receiving or broadcasting, telecommunications, air navigational aid, electrical transmission and distribution, or electrical substations. This use does not include the outdoor storage of vehicles, equipment or materials, other than required for maintenance or repairs (Electoral Area C only). COMMUNITY SEWER means a common system of underground sewerage collection infrastructure which serves two (2) or more parcels (Electoral Area C only); c) By deleting the text of Section 20(d) and replacing with the following: PUBLIC UTILITY USE, other than an office building or works yard (In Electoral Areas B, D, and E only) d) By adding Section 20(dd) as follows: UTILITY, MINOR not including an office building or works yard (Electoral Area C only). e) By deleting the text of Section 24(a) and replacing with the following: PUBLIC UTILITY USE, not including an office building or works yard (Electoral Areas B, D, and E only); f) By adding Section 24(aa) as follows: UTILITY, MINOR, not including an office building or works yard (Electoral Area C only); g) By deleting the text of Section 34 2(a) and replacing with the following: SEWAGE SYSTEM (Electoral Areas B, D, and E only); 2 P a g e
h) By adding Section 34 2(aa) as follows: SEWER (Electoral Area C only); i) By deleting the text of Section 34 2(b) and replacing with the following: The minimum parcel size is 1000 sq. metres (0.25 acre) when the parcel is connected to a COMMUNITY SEWAGE SYSTEM (Electoral Area B, D, and E only). j) By adding Section 34 2(bb) as follows: The minimum parcel size is 1000 sq. metres (0.25 acre) when the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). k) By deleting the text of Section 34 2(b)(i) and replacing with the following: District Lot 418, except Plan 18222, for which the minimum parcel size is 1,000 sq. metres (0.25 acres) where the parcel is connected to a COMMUNITY SEWER or where the parcel has a sewage system approved by the agency having jurisdiction regarding sewage disposal in the area covered by this bylaw. {BL#1829, 2008} l) By deleting the text of Section 34 2(d) and replacing with the following: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.9 hectares (2.2 acres) and larger where there is no COMMUNITY SEWAGE SYSTEM (Electoral Areas B, D, and E only); m) By adding Section 34 2(dd) and replacing with the following: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.9 hectares (2.2 acres) and larger where there is no COMMUNITY SEWER (Electoral Area C only); n) By deleting the text of Section 34 2(e) and replacing with the following: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.4 hectares (1 acre) and larger when the parcel is connected to a COMMUNITY SEWAGE SYSTEM (Electoral Areas B, D, and E only). o) By adding Section 34 2(ee) as follows: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.4 hectares (1 acre) and larger when the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). 3 P a g e
p) By deleting the text of Section 35 2(a) and replacing with the following: SEWAGE SYSTEM (Electoral Areas B, D, and E only); q) By adding Section 35 2(aa) as follows: SEWER (Electoral Area C only); r) By deleting the text of Section 35 2(b) and replacing with the following: The minimum parcel size is 0.4 hectare (1 acre) when the parcel or parcels are connected to a COMMUNITY SEWAGE SYSTEM (Electoral Areas B, D, and E only). s) By adding Section 35 2(bb) as follows: The minimum parcel size is 0.4 hectare (1 acre) when the parcel or parcels are connected to a COMMUNITY SEWER (Electoral Area C only). Except for; i) a 0.278 ha. Portion of Parcel A, Section 17, Township 84, Range 19, W6M, PRD, Plan 34277, for which the minimum parcel size shall not be less than 0.22ha. (0.563 acres). [BL#2088, 2013] t) By deleting the text of Section 35 2(d) and replacing with the following: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.9 hectares (2.2 acres) and larger where there is no COMMUNITY SEWAGE SYSTEM (Electoral Areas B, D, and E only); u) By adding Section 35 2(dd) as follows: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.9 hectares (2.2 acres) and larger where there is no COMMUNITY SEWER (Electoral Area C only); v) By deleting the text of Section 35 2(e) and replacing with the following: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.4 hectares (1 acre) and larger when the parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). w) By adding Section 35 2(ee) as follows: One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.4 hectares (1 acre) and larger when the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). 4 P a g e
x) By deleting the text of Section 36 2(b) and replacing with the following: The minimum parcel size is 0.9 hectares (2.2 acres) when the parcel is connected to a COMMUNITY SEWERAGE SYSTEM in the area covered by North Peace Official Community Plan Bylaw No. 820, 1993 (Electoral Area B, D, and E only); y) By adding Section 36 2(bb) as follows: The minimum parcel size is 0.9 hectares (2.2 acres) when the parcel is connected to a COMMUNITY SEWER in the area covered by North Peace Official Community Plan Bylaw No. 820, 1993 (Electoral Area C only); z) By deleting the text of Section 36 2(c) and replacing with the following: SEWERAGE SYSTEM in the area covered by North Peace Official Community Plan Bylaw No. 820, 1993 (Electoral Areas B, D, and E only); aa) By adding Section 36 2(cc) as follows: SEWER in the area covered by North Peace Official Community Plan Bylaw No. 820, 1993 (Electoral Area C only); Except for: i) A 1.46 ha. (3.61 acre) portion lying on the west side of Section 25 within Lot 1, Plan 24633, Sections 24 and 25, Township 84, Range 20, W6M, PRD, except Plan 28096, for which the minimum parcel size may be 0.9 ha (2.2 acres) when the parcel has a sewage system approved by the agency having jurisdiction regarding sewage disposal." [BL#1805, 2008] Except for: ii) A 1.4 ha. (3.46 acre) portion lying on the northeast side of Lot 2, Plan PGP41173, Section 12, Township 84, Range 19, W6M, PRD, except part in Plan BCP19612, for which the minimum parcel size may be 0.9 ha (2.2 acres) when the parcel has a sewage system approved by the agency having jurisdiction regarding sewage disposal. [BL#1869, 2009] bb) By deleting the text of Section 41 3(a) and replacing with the following: SEWERAGE SYSTEM (Electoral Area B, D, and E only); cc) By adding Section 41 3(aa) as follows: SEWER (Electoral Area C only); 5 P a g e
dd) By deleting the text of Section 41 3(b) and replacing with the following: The minimum parcel size is 0.4 hectare (1 acre) when the parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). ee) By adding Section 41 3(bb) as follows: The minimum parcel size is 0.4 hectare (1 acre) when the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). ff) By deleting the text of Section 42 2(a) and replacing with the following: SEWERAGE SYSTEM (Electoral Areas B, D, and E only); gg) By adding Section 42 2(aa) as follows: SEWER (Electoral Area C only); hh) By deleting the text of Section 42 2(b) and replacing with the following: The minimum parcel size is 0.4 hectare (1 acre) when the parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). ii) By adding Section 42 2(bb) as follows: The minimum parcel size is 0.4 hectare (1 acre) when the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). jj) By deleting the text of Section 43 2(a) and replacing with the following: SEWERAGE SYSTEM (Electoral Areas B, D, and E only); kk) By adding Section 43 2(aa) as follows: SEWER (Electoral Area C only); ll) By deleting the text of Section 43 2(b) and replacing with the following: The minimum parcel size is 0.4 hectare (1 acre) where the parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). 6 P a g e
mm) By adding Section 43 2(bb) as follows: The minimum parcel size is 0.4 hectare (1 acre) where the parcel is connected to a COMMUNITY SEWER (Electoral Area C only). nn) By deleting Section 45 1(l) and replacing it with the following: PUBLIC UTILITY USE, including an office building or works yard (Electoral Areas B, D, and E only) oo) By deleting the text of Section 45 2(b) and replacing with the following: The minimum parcel size is 0.9 hectares (2.2 acres) when the parcel is connected to a COMMUNITY SEWERAGE SYSTEM, OR a system approved by the Northern Health Authority as the agency having jurisdiction regarding sewage disposal, in the area covered by the North Peace Official Community Plan Bylaw No. 820, 1993. (BL#1567, 2005) (Electoral Areas B, D, and E only). pp) By adding Section 45 2(bb) as follows: The minimum parcel size is 0.9 hectares (2.2 acres) when the parcel is connected to a COMMUNITY SEWER, OR a system approved by the Northern Health Authority as the agency having jurisdiction regarding sewage disposal, in the area covered by the North Peace Official Community Plan Bylaw No. 820, 1993. (BL#1567, 2005) (Electoral Area C only). qq) By deleting the text of Section 49 2(b) and replacing with the following: The minimum parcel size is 0.4 ha (1 acre) when the parcel or parcels are connected to a COMMUNITY SEWERAGE SYSTEM. (Bylaw #1377, 2002) (Electoral Areas B,D, and E only). rr) By adding Section 49 2(bb) as follows: The minimum parcel size is 0.4 ha (1 acre) when the parcel or parcels are connected to a COMMUNITY SEWER. (Bylaw #1377, 2002) (Electoral Area C only). ss) By deleting the text of Section 52 1(l) and replacing with the following: PUBLIC UTILITY USE, including an office building or works yard (Electoral Areas B, D, and E only) tt) By adding Section 52 1(ll) as follows: UTILITY, MINOR including an office building or works yard (Electoral Area C only) 7 P a g e
uu) By deleting the text of Section 52 2(a) and replacing with the following: SEWERAGE SYSTEM (Electoral Areas B, D, and E only); vv) By adding Section 52 2(aa) as follows: SEWER (Electoral Area C only); ww) By deleting the text of Section 52 2(b) and replacing with the following: The minimum parcel size is 1000 sq. metres (0.25 acre) when a parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). xx) By adding Section 52 2(bb) as follows: The minimum parcel size is 1000 sq. metres (0.25 acre) when a parcel is connected to a COMMUNITY SEWER (Electoral Area C only). yy) By deleting the text of Section 53 2(a) and replacing with the following: The minimum parcel size is 1.6 hectares (4.0 acres) where the parcel is not connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only); zz) By adding Section 53 2(aa) as follows: The minimum parcel size is 1.6 hectares (4.0 acres) where the parcel is not connected to a COMMUNITY SEWER (Electoral Area C only); aaa) By deleting the text of Section 53 2(b) and replacing with the following: The minimum parcel size is 2,000 sq. metres (0.5 acre) when a parcel is connected to a COMMUNITY SEWERAGE SYSTEM (Electoral Areas B, D, and E only). bbb) By adding Section 53 2(bb) as follows: The minimum parcel size is 2,000 sq. metres (0.5 acre) when a parcel is connected to a COMMUNITY SEWER (Electoral Area C only). ccc) By adding the following section: 8 P a g e
SECTION 52-A P-3 (Utilities) (Electoral Area C Only) 1. Permitted Uses The following PRINCIPAL USES and no others are permitted in a P-3 zone subject to Part IV of this bylaw and subject to Sub-Section 2 of this Section 52-A; (a) (b) (c) (d) UTILITY, MAJOR including an office building or works yard; Solid waste disposal site; Sewer lagoon to provide storage and treatment for off-site domestic effluent; AGRICULTURE; The following ACCESSORY uses and no others are permitted in a P-3 zone, subject to Part IV of this bylaw and Sub-Section 2 of this Section 52-A: (g) ACCESSORY building and ACCESSORY structure. 2. Regulations Minimum Parcel Size (a) The minimum parcel size is 1.8 hectares (4.5 acres). Height (b) No building or structure shall exceed 15 metres (50 ft) in HEIGHT. Setbacks (c) Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: (i) 7 metres (23 ft) of a FRONT PARCEL LINE; (ii) 3 metres (10 ft) of an INTERIOR SIDE PARCEL LINE; (iii) 5 metres (17 ft) of an EXTERIOR SIDE PARCEL LINE; or (iv) 7 metres (23 ft) of a REAR PARCEL LINE. 9 P a g e
Area of Effect (d) This zone may be utilized within Electoral Area C only. READ a FIRST TIME this day of, 2016. READ a SECOND TIME this day of, 2016. Public Hearing held on the day of, 2016 and notification mailed on the day of, 2016. READ a THIRD TIME this day of, 2016. APPROVED by the Ministry of Transportation this day of, 2016 (pursuant to section 52(3)(a) 0f the Transportation Act) District Highways Manager ADOPTED this day of, 2016. (Corporate Seal has been ( affixed to the original bylaw) ( Don McPherson, Chair ( ( ( ( Jo-Anne Frank, Corporate Officer I hereby certify this to be a true and correct copy of "PRRD Zoning Amendment Bylaw No. 2249 (Utilities EA C ), 2016, as adopted by the Board on, 2016. Corporate Officer 10 P a g e