TO: Chair and Directors File No.: REZ 6005/SW ¼

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1 TMc GM: Main Office: 155 George Street, Prince George, BC V2L 1P8 Telephone: (250) / Fax: (250) Toll Free: / REPORT FOR CONSIDERATION TO: Chair and Directors File No.: REZ 6005/SW ¼ FROM: Kenna Jonkman, MCIP, RPP, Planner III DATE: July 8, 2015 SUBJECT SUMMARY: PREVIOUS REPORTS: Item: Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, 2015 Purpose: Consider First and Second Readings and Authorize a Public Hearing Location: Tete Jaune Electoral Area H Owner: Province of British Columbia Applicant: Regional District of Fraser-Fort George None ATTACHMENT(S): 1. Backgrounder 2. Availability and Sustainability of Crown Land Information received May 19, Engineering Report dated June 8, 2012 from Highland Timberworks Inc. 4. Bylaw No. 2949, 2015 RECOMMENDATION(S): ENTITLEMENT HOW VOTE COUNTED 1. THAT the report, availability and suitability of crown land information submitted on May 19, 2015 and engineering report dated June 8, 2012 from Highland Timberworks Inc. be received. All 1 Director/1 vote Majority 2. THAT Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, 2015 be now introduced and read a first time. All 1 Director/1 vote Majority 3. THAT Bylaw No be given second reading. All 1 Director/1 vote 4. THAT a public hearing on Bylaw No be held with the chairing of the hearing All delegated to Director Alan, or her Alternate, or any other Director as a delegate of the 1 Director/1 vote Board. Majority Majority ISSUE(S): An application has been made to amend Zoning Bylaw No to allow a cemetery use on the subject parcel. The Board is being asked to consider: first reading of Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, 2015 second reading of Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, 2015 authorization of a public hearing for Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, 2015 RELEVANT POLICIES: 1. Robson Valley-Canoe Upstream Official Community Plan Bylaw No. 1589: designates the subject area as Public Development/Institutional (PD/I)) PD/I designation supports the development of community related uses that are non-commercial in nature An OCP amendment is not required to allow the establishment of a cemetery use 2. Zoning Bylaw No. 2892: designates the subject area as Rural 5 (Ru5) Ru5 does not permit the establishment of a cemetery a Zoning Amendment is required to allow the establishment of the proposed cemetery use

2 Report to Regional Board Page 2 3. Local Government Act: details requirements for zoning bylaw amendments, including public hearings requires a notice of public hearing to be placed in two consecutive issues of a newspaper not less than 3 and not more than 10 days before the public hearing 4. Development Applications Procedures Bylaw No notice of a public hearing is to be sent to owners of land within 200 metres of the subject property notice of public hearing is to be sent to tenants of all parcels that are immediately adjacent to the subject property details requirements for a Notification of Application Sign, alternative form of notification or waiving of notification requirements prior to a public hearing delegates approval of notification requirements to the General Manager of Development Services SERVICE RELEVANCE: Regional District Land Use Services is a region wide service and fulfils the obligations of land use planning under Part 26 of the Local Government Act. FINANCIAL CONSIDERATION(S): N/A OTHER CONSIDERATION(S): N/A DECISION OPTIONS: 1. Approve recommendations. Bylaw No will proceed to public hearing Other Options: a. defeat Bylaw No at first reading if defeated, the bylaw may not be considered further cemetery use will not be permitted on the subject parcel b. approve only first reading of Bylaw No if it is considered that additional information is required bylaw may be amended after first reading at second reading, prior to a public hearing COMMENTS: The applicant has submitted an application to rezone a portion of the subject parcel to establish a cemetery use in the Tete Jaune community. Proposed Bylaw No would amend the zoning on the 1.36 ha area of the parcel from Rural 5 (Ru5) to Public Development 1 (P1). Should the zoning amendment be successful the applicant plans to proceed with subdividing the 1.36 ha portion of parcel from the remainder lot and purchasing it from the Crown. Community Services of the Regional District has been working with a Steering Committee and with the Ministry of Forests, Lands and Natural Resource Operations since 2005 to find a suitable piece of land for the proposed cemetery use. The area of land subject to this application was selected due to the reduced impact of the use on neighbouring parcel owners, lower development costs and the area having soils suitable for a cemetery use. In November 2012, the Regional District held a referendum in Tete Jaune and area property owners voted in favour of establishing a cemetery service within the Tete Jaune community. Currently the Regional District holds a Crown grant offer for the 1.36 hectare area proposed for the cemetery use. G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

3 Report to Regional Board Page 3 In 2014, the applicant applied to the Agricultural Land Commission to exclude the subject area from the Agricultural Land Reserve. The Commission approved the exclusion request in April, The Robson Valley-Canoe Upstream Official Community Plan identifies the subject parcel as an area where public/ institutional activities are supported. In addition, the Other Public Services policy within the OCP identifies that the Regional Board will continue to assist rural residents in assessing the feasibility of providing public services and utilities on a local service area basis in accordance with the Local Government Act. Should the proposed zoning bylaw amendment proceed to public hearing, the public will have the opportunity to comment on the proposal. Respectfully submitted, Kenna Jonkman, MCIP, RPP Planner III KJ:jw G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

4 Report to Regional Board Page 4 BACKGROUNDER Owner: Province of British Columbia Applicant: Regional District of Fraser-Fort George License of Occupation # Location: Carr Road Tete Jaune (Area H ) Legal Description: Part of the South West ¼ of District Lot 6005, within Cariboo District 9.6 ha (23.8 acres) Existing and Surrounding Land Use: The subject parcel is undeveloped crown land. North - Private land East - Private land South - Private land West - Carr Road/ Private land G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

5 Report to Regional Board Page 5 Proposal: The applicant has applied to rezone a 1.36 ha (3.4 acres) portion of the 9.6 ha (23.8 acres) subject parcel to allow the establishment of a cemetery. The applicant would also like to subdivide the 1.36 ha portion from the parent parcel. Currently, the Regional District holds a License of Occupation for the property, issued by the Province of BC, for recreational purposes. In November 2012, the Regional District held a referendum in Tete Jaune and area property owners voted in favor of establishing a cemetery service on the subject parcel. Subsequently, the Regional District of Fraser-Fort George has received a Crown grant offer for a 1.36 ha portion of the 9.6 ha subject parcel to establish this use. The applicant has provided the following information to be considered with their application: Site photos Proposed development plan with layout map Availability and Suitability of Crown Land letter Engineering site assessment of the subject parcel Agricultural Land Reserve: Official Community Plan: In April 2015, the 1.36 ha portion of the subject parcel, proposed to be used for cemetery purposes, was excluded from the Agricultural Land Reserve. The subject parcel is designated Public Development/ Institutional (PD/I) by the Robson Valley-Canoe Upstream Official Community Plan (OCP). This designation identifies lands both privately owned and Crown Land suitable for a range of public, government and community related uses that are non-commercial in nature. A cemetery is considered a use supported by the Public Development/Institutional designation. There is also no prescribed minimum parcel area for the Public Development/ Institutional (PD/I) designation. An amendment to the OCP will not be required to establish the proposed cemetery use. In addition, the Other Public Services policy within the OCP identifies that the Regional Board will continue to assist rural residents in assessing the feasibility of providing public services and utilities on a local service area basis in accordance with the Local Government Act. G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

6 Report to Regional Board Page 6 Zoning: Current Zoning: Pursuant to Zoning Bylaw No. 2892, the subject parcel is zoned Rural 5 (Ru5). The establishment of a cemetery is not permitted within this zone. An amendment to the Zoning Bylaw is be required to allow a cemetery use. Proposed Zoning: It is proposed to rezone the 1.36 ha portion of the parcel to Public Development 1 (P1). The permitted uses within this zone include: (a) Agriculture; (b) Cemetery; (c) Community Hall; (d) Community Recreation Area; (e) Government/Public Administration Facility; (f) Firehall; (g) Park-Provincial, Regional, Community; (h) Research Facility; (i) School; (j) Sanitary Landfill; (k) Utility; (l) General Permitted Uses [See s. 5.0]; and (m) Buildings and structures accessory to the permitted uses. Where a permitted use is established, the following secondary uses of land, buildings or structures are permitted: (a) Home Occupation [See s. 8.0]; (b) Residential-Single Family; (c) Secondary Suite; and (d) The sale of incidental refreshments, arts and crafts, produce and other goods. In addition, this zone would support the proposed subdivision as the minimum area of a lot to be created by subdivision is 0.8 ha. G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

7 Report to Regional Board Page 7 Hazard Lands: In 1999, the Regional District commissioned a hazard study for the Robson Valley. Within this study it is identified that the area proposed to be used as a cemetery has a low frequency hazard of fluvial plain-meandering river channel (Fp-M). The low frequency means the hazard is estimated to occur at a frequency of one event in 10,000 years or longer. Access: The subject parcel is accessible from Carr Road. Fire Protection: Cemetery Licensing: Proposed Subdivision: Future Applications: Technical Agency Comments: The subject parcel is not within a fire protection area. Consumer Protection BC, a not-for-profit corporation established by the Province of BC is responsible for the enforcement of regulations related to funeral services, cemeteries and crematoria. The applicant is required to obtain all licenses required to operate the proposed cemetery use from Consumer Protection BC. The proposed subdivision would be done by the Ministry of Forests, Lands and Natural Resource Operations under the Land Title Act and would not be approved by the Ministry of Transportation and Infrastructure. The Ministry of Transportation and Infrastructure has raise concerns regarding access to lands beyond. The Ministry of Transportation and Infrastructure has requested a meeting between themselves, the applicant and the Ministry of Forests, Lands and Natural Resource Operations to discuss their comments prior to the start of the subdivision process. The applicant has been advised of this. If the zoning bylaw amendment is successful the applicants can proceed with the development of the cemetery through Consumer Protection BC and apply to the Crown to subdivide the subject parcel pursuant to the Land Title Act. Regional District Building Inspections: No concerns. Northern Health Authority: Northern Health is for this referral encompass public health and the possible contamination of drinking water sources. To prevent contamination to any possible drinking water sources (ground water and surface water) via leachate from the proposed use of this property, the water table level, 200 year flood plain, permeability of the soil, and setback distances should be taken into consideration. A hydrogeological study is recommended if there are neighbouring properties of concern or if there is pending development on the neighbouring properties. G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

8 Report to Regional Board Page 8 It is also recommended that an appropriate barrier to erected around the proposed cemetery to account for wild animal control. All operations related to this proposal must comply with the Drinking Water Protection Act and Regulations as well as the Public health Act and its associated regulations. Ministry of Transportation and Infrastructure: The Ministry of Transportation & Infrastructure (hereafter referred to as the Ministry) supports the above noted zoning amendment for part of the SW ¼ of District Lot 6005 to establish a cemetery but has the following comments or concerns: In order to satisfy access to lands beyond the Ministry requires that the subject remainder have a minimum of 20m of road dedication for access to Carr Road; The Ministry recommends that the orphaned piece of the remainder (to the southwest of proposed cemetery on the west side of Carr Rd.) be dedicated as road; Pursuant to Section 62 of the Transportation Act, the applicant would need to apply to the Ministry of Transportation and Infrastructure for an access permit; Carr Road must be dedicated at 33 feet either side of centre line. Ministry of Forests, Lands and natural Resource Operations Water Stewardship: We (Water Stewardship) have no comments to this proposal. Ministry of Forests, Lands and Natural Resource Operations Habitat Stewardship: Thank you for the opportunity to provide comment on this zoning amendment. Having reviewed the application I have no comments regarding the amendment and consider this referral closed. G:\SERVCTR\Board Reports\Agenda Reports for Finalizing\Planning Reports Only\KJ - Zoning BL 2892 Amend BL RDFFG - tete jaune.docx

9 Subject Parcel Photos

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11 AVAILABILITY AND SUITABILITY OF CROWN LAND The Steering Committee and Regional District have worked together with the Ministry of Forests, Land and Natural Resource Operations to find a piece of land suitable for a cemetery that is easily accessible and centrally located. Originally, in 2005, the Steering Committee was interested in a piece of Crown land located to the east of Blackman Road adjacent to the Tete Jaune Community Club property. In 2008, during discussions with the Ministry of Forests regarding the Blackman Road property, a preferable piece of property in a quieter location, impacting fewer neighbours, requiring less development costs, and having more suitable soils was brought forward for consideration. This alternate property is the subject of this application and is legally described as the Southwest ¼ of District Lot 6005 and is located on Carr Road in Tete Jaune. Once the decision was made to pursue the Carr Road property, a feasibility study was completed, public meetings were held and a referendum took place, the results of which showed that the community is in favour of supporting the establishment and ongoing care and maintenance of a cemetery at this location through taxation. Understanding that the size and value of the property may have an effect on the success of a request for a sponsored crown grant, the conclusion was made to request that a 1.46 ha portion of the property be subdivided off for the cemetery and to keep the remaining portion for recreational purposes. To date, initial conversations with Ministry of Forests staff have indicated that the change in use of a 1.46 ha portion of this land from Recreation to Cemetery is plausible, leaving the remainder of the 6.84 ha property as status quo secured by a Licence of Occupation for Recreational use until Description of Parcel The land to the north and east rises in height, but there is an approximate 4 acre flat portion of the property at the base of the hill suitable for cemetery purposes. 3.6 acres would be set aside for the cemetery allowing a 32 foot buffer around the cemetery plots. The property is mainly cleared in the area of where the cemetery is to be constructed and is surrounded by a forest of pine and aspen trees. An engineering report completed in June 2012 identifies that the soils are suitable for cemetery use.

12 June 8, Tete Jaune Cemetery Steering Committee Engineering Report on Location of Proposed Community Cemetery On Carr Road, Rem SW ¼ DL 6005, Cariboo Land District Tete Jaune Cache, BC 1

13 Highland timberworks inc croydon ferry road Dunster, BC voj 1j0 PH June 8, 2012 Tete Jaune Cemetery Steering Committee P.O. Box 84, Valemount, BC V0E 2Z0 Att: Re: Ainslie Jackman, RPF Engineering site assessment of proposed community cemetery on Carr Road 1. Introduction The Tete Jaune Community has requested the writer to provide an engineering report with respect to establishing a cemetery at the SW corner of DL6005 (see accompanying map). The proposed cemetery measures 80m x 40m; 0.32 ha. in area, and is located approximately 3 km south of Highway 16, along Carr Road. 2. Field Review On October 6, 2011 A. McLean, P. Eng. conducted a field review of the site of the proposed community cemetery, accompanied by Ainslie Jackman, R.P.F., of the Tete Jaune Community Club, for the purpose of assessing the suitability of soils, slope stability, drainage and groundwater regime. The proposed cemetery is located on a gently sloping (3% to 5%) area 50m out from the base of hills which rise to the level of Highway 16; hazard of slope instability is very low. Flooding hazard from the Fraser River is also very low, as the site is estimated to be >10 metres above high water level of the river. A Pine and aspen forest overstory is underlain by a herb and shrub layer of club moss, kinnikinnick, wild rose; indicators of a dry, well drained site. Root wads of windthrown pine were examined, and found to consist of the glaciofluvial sediments known to predominate in the vicinity of Carr Road. Test pits dug for soil examinations and metre depth roadcuts observed showed well graded sand, gravel and cobbles. Three test pits were observed; TP1 dug at N , E encountered dry sandy soil on a falling slope of 5% to the southwest. TP2 dug at N , E along an old logging trail at the westerly end of the site (see Photo 1) found silty sand and gravel on a falling slope of 3% to the southwest. TP3 observed at N , E333310, found sand, gravel and cobbles on a level site at a 1 metre cut along a new access road running E-W, along the southerly end of the proposed cemetery area. Photo 1, taken upslope from TP2 location Photo 2, looking SW toward Carr Road 2

14 3. Site Selection Sites considered for cemeteries should meet the following criteria: 1) Accessible to the community 2) Correct zoning and community approval 3) Good surface drainage away from the grave sites 4) Water table >>than 10 from the surface 5) Low hazard of debris flow, avalanche or flooding 6) Adequate buffer between business establishments or residences As shown on the accompanying plan, the proposed area satisfies 1) and 6). As the initiative is undertaken by the community club and is sponsored by the local municipal government authority, it can be assumed to satisfy 2). The field review determined that the site meets criteria 3) and 5), and from well records it has been determined that the watertable is at 10 depth or greater, satisfying criteria 4). 4. Discussion and Recommendations Tete Jaune Cache had a cemetery, circa 1912, during the railway construction years. It is located near the old townsite, on private land adjacent to the Croydon Tete Jaune Forest Service Road. This pioneer cemetery is maintained by the landowner and the Valemount Historic Society, but is not registered as an active cemetery. As a community driven initiative, the cultural and societal aspects of the Tete Jaune Cemetery initiative have been assessed and found to be acceptable by the residents. 3

15 The proposed site for the new community cemetery appears quite suitable from the soils engineering and hydrological perspectives. It has favourable surface drainage, does not have a high water table, it is remote from steep slopes and from the Fraser River. The southwest corner of Rem SW ¼ of DL6005 is included in the Low Hazard for flooding mapping polygon, as shown in overview Land Hazard Assessment mapping done by Bruce Geotechnical for the Regional District of Fraser Fort George, see attached map at scale 1:5000. It is the opinion of the writer that the potential for problems concerning soil or water at the proposed location is low, and the location can be recommended as a safe and secure site for Tete Jaune Community Cemetery. 5. Closure This report, labeled 1049 and dated June 8, 2012, has been prepared exclusively for the Tete Jaune Cemetery Steering Committee and the Regional District of Fraser Fort George and its agents. Unauthorized photocopying or reproduction is prohibited. If there are any questions or if you require further assistance, please call the writer at , or to mclean@valemount.com Yours truly, Highland Timberworks Inc. Archie McLean, P. Eng. 4

16 STATEMENT OF LIMITATIONS The criteria and/or recommendations promulgated in this report were compiled on the basis of field reviews and prior information about the sites. It is possible that soil, moisture, slope or other conditions may be different from those described herein. It is recommended that, in the event that conditions different from those herein elucidated are found, Highland Timberworks Inc. be apprised of the new or different conditions so that it may review its criteria and/or recommendations in the context of the changed conditions and make amendments as necessary. The report may contain recommendations for additional research, investigation, site reviews, laboratory testing, mechanized geotechnical investigation, sample retrieval, engineering design, or other requirements, which if not prudently acted upon, relieve Highland Timberworks Inc. of all liability for consequent and/or subsequent problems that may have been avoided had the recommendations been appropriately heeded. 5

17 BYLAW NO A BYLAW TO AMEND REGIONAL DISTRICT OF FRASER-FORT GEORGE ZONING BYLAW NO. 2892, 2014 WHEREAS the Regional Board of the Regional District of Fraser-Fort George has, by bylaw, adopted Regional District of Fraser-Fort George Zoning Bylaw No. 2892; AND WHEREAS the Regional Board intends to amend aforesaid Bylaw No by passage of this bylaw, having due regard to the requirements of the Local Government Act; NOW THEREFORE the Board of Directors of the Regional District of Fraser-Fort George, in open meeting assembled, enacts as follows: 1. Regional District of Fraser-Fort George Zoning Bylaw No is hereby amended at Schedule B Map 215 by rezoning a portion of Part of the South West ¼ of District Lot 6005, within Cariboo District from Rural 5 (Ru5) to Public Development 1 (P1) as shown on Appendix A attached to and forming part of this bylaw. 2. This bylaw may be cited for all purposes as Zoning Bylaw No. 2892, Amendment Bylaw No. 2949, READ A FIRST TIME ON THE DAY OF, 2015 READ A SECOND TIME ON THE DAY OF, 2015 A PUBLIC HEARING IN RESPECT OF THIS BYLAW WAS HELD ON THE DAY OF, 2015 READ A THIRD TIME ON THE DAY OF, 2015 ADOPTED THIS DAY OF, 2015 Chair Corporate Officer

18 BYLAW NO. 2949, 2015 PAGE 2 APPENDIX A Certified as Appendix A to Bylaw No. 2949, 2015 Corporate Officer