Salt Spring Island Local Trust Committee regular meeting, September 16, 2021

[0:00:07] Planner Mayes: Should be ready to go. All right, we are good to go. So in Jeff's absence, Mary, I believe you're

[0:00:18] Planner Mayes: vice chair. Yeah. Yes. So I can pass that baton on to you. Would you like the agenda up on the

[0:00:26] Planner Mayes: screen?

[0:00:27] Voice 3: Sure. Great. We'll call the meeting to order. We have a quorum right now, but Ron has

[0:00:38] Voice 3: has informed us that he is going to have to recuse himself for item 3.2 um so i don't know

[0:00:46] Voice 3: what happens at that point we might not have a quorum anymore we

[0:00:49] Planner Mayes: certainly won't so uh that

[0:00:52] Planner Mayes: means that we'll have to consider that application at a later time and george planner jordy gordon's

[0:00:59] Planner Mayes: there if you understand differently no

[0:01:04] Voice 3: i think that that's what we will have to do um okay well

[0:01:08] Voice 3: Well, why don't we proceed and maybe we'll pick up another member as we go, hopefully.

[0:01:13] Voice 3: So I'm looking for a motion for approval of the agenda, please.

[0:01:16] Voice 3: Somebody raise your hand.

[0:01:20] Voice 3: Thanks, Ron.

[0:01:21] Voice 3: Seconder?

[0:01:23] Voice 3: Thanks, Lee.

[0:01:24] Voice 4: It's Lee.

[0:01:25] Voice 4: Okay, good.

[0:01:26] Voice 4: You know I'm there.

[0:01:27] Voice 4: Good.

[0:01:28] Voice 3: Yeah, I can see you.

[0:01:33] Voice 3: And is there anything that we need to add to the other business section of the agenda?

[0:01:41] Voice 3: Anyone have any additions?

[0:01:45] Voice 3: seeing none i can ask for approval of the minutes for the previous meeting

[0:01:50] Voice 3: can i have someone to move that please anybody thanks ron seconded by lee okay

[0:02:00] Voice 3: on to our business items item 3.1 do you have a planner who's going to speak to that

[0:02:08] Planner Mayes: that'll be me thank you very much commissioner wellman or vice chair wellman i should say

[0:02:13] Planner Mayes: All right, so hopefully you guys can see my slideshow. Yes, perfect. All right. So at the Local Trust Committee meeting of August the 31st, the Local Trust Committee passed the following resolution, and that was to refer these applications to the APC for their consideration.

[0:02:36] Planner Mayes: So, the development variance permit application associated with this property seeks to vary the Salt Spring Island land use bylaw number 355 to make lawful the siting of a retaining wall within the rear exterior side and interior side lot line setbacks, and the concurrent development permit application seeks to address development of new retail, general employment, or commercial space greater than 185 square meters, and gross floor area that is visible from public areas or other properties.

[0:03:02] Planner Mayes: So the subject property is located in central Salt Spring Island. It's 0.2 hectares, and it's zoned General Employment 1, Variant B.

[0:03:13] Planner Mayes: In December 2018, Capital Regional District Building Inspection Office referred a building permit for a commercial container mini-storage to the Islands Trust.

[0:03:21] Planner Mayes: It was reviewed, and at the time, the proposed 14 sea cans exceeded that 185 square meters, and the applicant was advised that a development permit would be required.

[0:03:32] Planner Mayes: The application was subsequently revised and the number of sea cans was reduced to 12, which was under that 195 square meters.

[0:03:42] Planner Mayes: In January 2021, a revision to those plans was submitted to the Islands Trust.

[0:03:49] Planner Mayes: And so this is a site plan of the property and that on the other side on your right hand side is an extract of the development variance permit that is proposed.

[0:04:00] Planner Mayes: proposed. So these are the two differences. So the top is the

[0:04:05] Planner Mayes: approved building permit for 2018. And the below is the

[0:04:10] Planner Mayes: building permit review that's currently in process. That's got

[0:04:15] Planner Mayes: the change in the roof design and the additional unit. So that

[0:04:19] Planner Mayes: revision was received in January 2021. And that removal of the

[0:04:25] Planner Mayes: roof was considered and upon review of that resubmission,

[0:04:30] Planner Mayes: The development was observed to have increased, thereby triggering a requirement for retroactive development permit.

[0:04:38] Planner Mayes: And this floor area is 212.6 square meters.

[0:04:44] Planner Mayes: On February 26, 2021, staff attended a site visit where the retaining wall that was sited in the rear exterior side and interior side lot lines was observed,

[0:04:54] Planner Mayes: and thereby requiring the development variance permit application and amendment to such.

[0:05:00] Planner Mayes: So the following are some pictures of the subject property.

[0:05:04] Planner Mayes: So that is the development that's being considered, as well as the retaining wall that's the development variance permit.

[0:05:13] Planner Mayes: You can see on these photos pictures of the vegetative buffer that is currently on the property and neighboring properties in the Ministry of Transportation right-of-way.

[0:05:26] Planner Mayes: there's a vegetative buffer as well that exists along the public pathway that fronts the property

[0:05:31] Planner Mayes: and as well down below you can see the view of the proposed or sorry the development from across

[0:05:40] Planner Mayes: the road on rainbow road so the report that was forwarded to you guys for review was it explores

[0:05:50] Planner Mayes: as various um guidelines for development premier to use that's non-village commercial and general

[0:05:56] Planner Mayes: employment as well as issues and opportunities such as visibility from public areas

[0:06:00] Planner Mayes: vegetative buffers in the modi right-of-way access to the subject property industrial

[0:06:05] Planner Mayes: land uses by law adoption and setting of the retaining wall as well as president setting

[0:06:09] Planner Mayes: and public perception the ltc is asking the advisory planning commission to consider

[0:06:17] Planner Mayes: these applications and perhaps specifically the guidelines that the proposed development

[0:06:24] Planner Mayes: is at variance or maybe at variance with and those are here on this slide and as well in the

[0:06:29] Planner Mayes: staff report. There are some recommended resolutions for the APC once they've considered

[0:06:37] Planner Mayes: the application and I'm happy to answer any questions. I can leave the slide up there

[0:06:42] Planner Mayes: or take it down so we can all see one another thanks

[0:06:48] Voice 3: um i'll start um was there at any time

[0:06:52] Voice 3: during the original process or this process contact with the neighbors uh to ask uh

[0:07:00] Voice 3: if they have any concerns about it or if they're okay

[0:07:02] Planner Mayes: with it yeah indeed there is so the development

[0:07:06] Planner Mayes: variance permit portion of this application requires public notification to surrounding

[0:07:11] Planner Mayes: neighbouring properties and that was undertaken on August 16th and no correspondence was received

[0:07:18] Planner Mayes: at any time up until this point.

[0:07:20] Voice 3: Okay thank you and my second question is

[0:07:23] Voice 3: on whose property do the vegetative buffers lie? Who has control over those? Sure so I can

[0:07:31] Planner Mayes: back up to oh I'm sorry so you can see on on the site plan on this side the cedar hedge

[0:07:43] Planner Mayes: that is borders not place road that's located on on that common property there

[0:07:51] Planner Mayes: the any of the sort of the retaining wall is they're asking for zero meter setback and so

[0:07:58] Planner Mayes: any vegetation along that side will be on the neighboring properties along the front and part

[0:08:05] Planner Mayes: of the exterior side lot line you can see over here on this side where that vegetation is

[0:08:11] Planner Mayes: on the property and there is a portion that's on the ministry of transportation right of way that

[0:08:16] Planner Mayes: buffers um the undeveloped portion of atkins road okay

[0:08:22] Voice 3: so um the only the only way that the owner of

[0:08:28] Voice 3: the property could remove vegetative buffer would be that piece along the uh the front right hand

[0:08:36] Voice 3: side of the diagram they don't really have control over any of the other stuff no

[0:08:43] Planner Mayes: and and certainly

[0:08:43] Planner Mayes: Certainly some of the guidelines do you speak to the vegetation and which is why, you know, there is some consideration of that as in those that they could be at variance with or at variance with.

[0:08:58] Voice 3: Okay, thanks. Does anyone else have any questions?

[0:09:01] Voice 3: I have

[0:09:05] Voice 1: a comment. I was, I happened to drive by there prior to realizing it was going to be on our agenda today.

[0:09:13] Voice 1: and um uh what i noticed about it was that it was quite well done it was quite out of sight

[0:09:22] Voice 1: and uh i do understand the other uh aspects that we're looking at here but to me it was uh

[0:09:32] Voice 1: like the above it mary is a a parking area for the property above it a little turnaround

[0:09:40] Voice 1: around so there's not like there's any any directly above it and above it and the other

[0:09:47] Voice 1: is that uh on the other side is that little uh the knots road i believe it is there's some little

[0:09:54] Voice 1: road so it's not there's nothing really there that's going to be uh impacted either great thank

[0:10:03] Voice 3: you did anyone else have a comment or a question did

[0:10:11] Voice 4: the did the campground have any comments

[0:10:14] Voice 4: comments to joining GapCon?

[0:10:17] Planner Mayes: No, nothing was received from them. Certainly one of the letters

[0:10:21] Planner Mayes: that was supplied, which was the vegetative landscaping letter that was in the original

[0:10:26] Planner Mayes: staff report, that was from the neighboring property who planted and who is maintaining

[0:10:33] Planner Mayes: that buffer on the Mody right-of-way. Okay.

[0:10:42] Voice 3: Anything else from anyone? Okay. Can we see

[0:10:47] Voice 3: the motions again so um i haven't heard any conditions from anyone so i'm going to move

[0:10:58] Voice 3: that we recommend approval of the application can i see a show of hands in favor that's carried

[0:11:08] Voice 3: unanimously thank you sure

[0:11:14] Planner Mayes: sarah do you need that written out or read out or are you okay with that

[0:11:20] Voice 3: i'm

[0:11:21] Planner Mayes: fine with it does anyone

[0:11:22] Voice 3: else need it read out i

[0:11:24] Planner Mayes: haven't thank you okay good

[0:11:31] Planner Mayes: Great. So that second item was the rezoning, but Commissioner Cook has indicated that he would step back from considering that application, if I understand.

[0:11:47] Voice 1: Yes, that's

[0:11:48] Voice 1: right. I'm on the board of that group, so I should not be voting on this, I would think.

[0:11:53] Voice 3: Yeah, that makes sense.

[0:11:55] Voice 3: Okay.

[0:11:56] Voice 3: Okay.

[0:11:57] Voice 1: I'm going to withdraw and say best wishes to everybody.

[0:12:02] Voice 1: I've got another meeting to go to shortly.

[0:12:03] Voice 1: So if that's okay, I will

[0:12:06] Voice 1: see you all.

[0:12:07] Voice 3: Thanks, Ron.

[0:12:07] Voice 1: Bye-bye.

[0:12:09] Voice 3: Okay.

[0:12:09] Voice 3: So we no longer have CORA.

[0:12:12] Voice 3: That's right.

[0:12:12] Planner Mayes: So we would have to adjourn the meeting.

[0:12:14] Planner Mayes: Yep.

[0:12:14] Planner Mayes: So

[0:12:15] Voice 3: I'm going to call for an end.

[0:12:16] Planner Mayes: So on

[0:12:18] Voice 4: that point, can I ask, how many members are there and what does it take for a quorum?

[0:12:23] Planner Mayes: Sure.

[0:12:23] Planner Mayes: There are nine members.

[0:12:25] Planner Mayes: And so we would need a quorum of five.

[0:12:27] Planner Mayes: and so we had originally had attendance for six and uh one one person wasn't able to make it they

[0:12:34] Planner Mayes: were feeling unwell so

[0:12:37] Voice 4: what's um as you appreciate i'm new to this but what's the general response or

[0:12:44] Voice 4: responsibility of people in terms of attending these things because my point is i don't i feel

[0:12:51] Voice 4: uncomfortable saying that we didn't have our ducks in a row and uh we have to postpone it

[0:12:56] Voice 4: yeah i

[0:12:59] Voice 4: agree i mean we may have to postpone it but as a as a matter of policy i think it's very

[0:13:04] Voice 4: very poor we have to keep people waiting because we don't have a quorum yeah

[0:13:13] Planner Mayes: and so certainly when

[0:13:14] Planner Mayes: we're very close to not making quorum um we do touch base with uh with our uh members in advance

[0:13:21] Planner Mayes: of a meeting and in this case we would have had six which would have been more than fine if one

[0:13:26] Planner Mayes: one person would have had to drop out. But we also, you know, recognize that sometimes

[0:13:34] Planner Mayes: unexplainable events and unforeseen circumstances do occur.

[0:13:40] Voice 4: Well, is it a general thing that

[0:13:41] Voice 4: we do have quorums or people on again, off again,

[0:13:44] Voice 4: or how does it work?

[0:13:46] Planner Mayes: Absolutely. So part of what our planning team assistant Rob Pinkle does

[0:13:51] Planner Mayes: is he asks members to provide their regrets in advance. So at today's meeting, we had four

[0:13:58] Planner Mayes: regrets in advance, sorry, three regrets in advance, which would have left six members to

[0:14:02] Planner Mayes: attend this meeting?

[0:14:05] Voice 4: I guess my big question is, in the form of inquiring your expectations or

[0:14:10] Voice 4: whatever, it seems to me if someone takes on this type of responsibility, once in a while something

[0:14:15] Voice 4: will come up, fair enough, but otherwise turn up. I mean, is that the mentality or is it just

[0:14:20] Voice 4: if you make it, you make it, or if you don't, you don't?

[0:14:24] Planner Mayes: No, there's certainly an expectation to

[0:14:27] Planner Mayes: provide advance notice so that we aren't holding meetings that you know come to a premature end

[0:14:37] Voice 4: yeah i mean i

[0:14:38] Voice 4: guess what i mean what i mean what i'm inquiring about is as is there

[0:14:44] Voice 4: a culture if you will that people turn up i mean is this business of not having a quorum

[0:14:52] Voice 4: a frequent occurrence or

[0:14:56] Planner Mayes: i mean i would have to go back through history but generally speaking

[0:15:01] Planner Mayes: can we do a chief quorum for these meetings okay

[0:15:04] Voice 4: that's fine i just you know i mean i appreciate

[0:15:08] Voice 4: i'm the new man on the block and i'm not trying to be difficult but i really do think it's important

[0:15:13] Voice 4: that when people have matters come forward that they're dealt with and they aren't postponed

[0:15:18] Voice 3: yeah i agree with you lee i was quite shocked at the last meeting at the number of people who

[0:15:23] Voice 3: hadn't read the reports um so um instead of waiting another month for us to have another

[0:15:31] Voice 3: another meeting why don't we try to arrange another meeting to deal with item 3.2 in a

[0:15:36] Voice 3: fairly timely manner is that possible yeah I can certainly touch base with uh Rob to see

[0:15:42] Voice 3: arrange that yeah because I don't think the applicants should be forced to wait another

[0:15:46] Voice 3: month just because we didn't have enough people at this

[0:15:53] Planner Mayes: meeting currently is there a date that might

[0:15:57] Planner Mayes: might work for

[0:16:01] Voice 4: me i'm available yeah i

[0:16:04] Voice 3: think probably it's more around when the minute taker

[0:16:06] Voice 3: is available yeah so

[0:16:11] Planner Mayes: so certainly we do have some availability throughout the month so perhaps we

[0:16:16] Planner Mayes: can give three options yeah

[0:16:19] Voice 3: if you could give us like a doodle poll or something with three dates

[0:16:22] Voice 3: then hopefully we can get enough people absolutely

[0:16:27] Planner Mayes: okay i'll uh i'll chat with rob when he's back in

[0:16:30] Planner Mayes: the office and um

[0:16:31] Voice 3: do we have any policy on books around the governance of the group that we can

[0:16:38] Voice 3: maybe send out to the members to remind them like i know some groups that i belong to before if you

[0:16:43] Voice 3: don't show up for three meetings you're considered not participating anymore and a replacement is

[0:16:48] Voice 3: recruited certainly um

[0:16:50] Planner Mayes: and and when uh every year or every two years whenever a term expires that

[0:16:55] Planner Mayes: That is a consideration if someone puts their name forward again.

[0:16:59] Planner Mayes: So it's not

[0:17:00] Planner Mayes: something you actively police during the term?

[0:17:02] Planner Mayes: No.

[0:17:04] Planner Mayes: We do keep attendance records.

[0:17:08] Planner Mayes: Certainly for yourself, as the vice chair, there will be training forthcoming, as well for new members as well.

[0:17:16] Planner Mayes: Lee, if you haven't had training yet.

[0:17:19] Voice 4: Yeah, I guess, I mean, I've made my point clear, but my belief is when someone signs up for this, it should be front row center.

[0:17:27] Voice 4: this is serious stuff and turn up to the meeting please and if if you can't run your life that way

[0:17:32] Voice 4: then don't sign up yeah

[0:17:35] Voice 3: okay so uh does anyone have any other comments at this time or shall we

[0:17:43] Voice 3: go ahead and close the agenda and adjourn the meeting okay seeing none i'm going to move to

[0:17:50] Voice 3: adjourn all in favor reluctantly thank you everyone the meeting's adjourned

[0:17:59] Voice 4: Merry Christmas

[0:18:00] Voice 4: we'll

[0:18:01] Voice 3: wait to hear from you about a possible

[0:18:03] Voice 3: extra meeting date

[0:18:05] Voice 3: to deal with item 3.2

[0:18:07] Voice 3: perfect thank you

[0:18:08] Planner Mayes: very much Vice Chair

[0:18:09] Voice 3: thank you

[0:18:10] Voice 3: bye

Salt Spring Island 
Agricultural Advisory Planning Commission Minutes 
September 16, 2021       ADOPTED Page 1 
 
Salt Spring Island  
Agricultural Advisory Planning 
Commission 
 
Minutes of a Regular Meeting
 
 
 
 
Date of Meeting: Thursday, September 16, 2021 
 
Location:  Electronic Meeting 
 
Members Present:  Bree Eagle, Chair  
  Ken Byron, Commissioner  
 Conrad Pilon, Commissioner  
 Nathan Roberson, Commissioner 
 Jan Steinman, Commissioner 
 
Regrets: Brent Brochu-Ingram, Vice Chair 
 
Absent:  Zack Hemstreet, Commissioner   
    
Staff Present:  Geordie Gordon, Planner 2 
 Kristine Mayes, Planner 1 
 Sarah Shugar, Recorder 
 
Media and Others  Peter Grove, Local Trustee 
Present: Laura Patrick, Local Trustee 
 Reed Bailey, Ministry of Agriculture (MoA) 
 Doug Pepper, Ministry of Agriculture (MoA) 
 
 
 
These minutes follow the order of the agenda although the sequence may have varied. 
 
Chair Eagle called the meeting to order at 3:00 p.m.   
 
1. APPROVAL OF AGENDA  
 
By general consent the agenda was adopted. 
 
2. MINUTES OF PREVIOUS MEETING 
 
2.1  Draft Minutes of the August 12, 2021 AAPC Meeting 
  
By general consent,
 
the minutes of the August 12, 2021 Salt Spring Island Agricultural Advisory 
Planning Commission meeting were adopted. 
 
 
 

 
 
Salt Spring Island 
Agricultural Advisory Planning Commission Minutes 
September 16, 2021       ADOPTED Page 2 
3. BUSINESS ITEMS 
 
3.1 Changes to Residential Permissions in the Agricultural Land Reserve 
 
Planner Gordon and  Planner  Mayes presented  a  memorandum  dated September  1,  2021 
regarding forthcoming Agricultural Land Commission (ALC) changes to residential permissions in 
the Agricultural Land Reserve (ALR). 
 
In discussion the following comments and questions were noted: 
 There was a question regarding whether draft Bylaw No. 526 is in line with the Provincial 
regulations.  Planner  Gordon  reported  draft  Bylaw  No.  526  is  intended  to  bring  the  Salt 
Spring Island Land Use Bylaw into conformity with forthcoming ALC changes to residential 
permissions in the ALR. 
 Reed Bailey, MoA Representative asked whether staff considered less than the maximum 
permissions that the ALC will allow. Planner Gordon reported 90 square metres is in line 
with other additional residences that have been permitted such as in Bylaw No. 512, a bylaw 
that expanded permissions for full-time rental cottages.  
 There was a comment that the AAPC has been advocating for housing on farmland for a long 
time and that the AAPC should support the new Provincial regulations. 
 Reed Bailey advised that Local Governments are not required to change bylaws to be the 
same as the new Provincial regulations. 
 There was a concern that the increased housing permitted in the new Provincial regulations 
does not need to be used for farm use and that the AAPC has been advocating for housing 
for farmworkers.  
 There was  a  comment  that  the  new  Provincial regulations  permit general  housing  and  a 
developer could build condominiums on farmland. 
 Concern was expressed that the new regulations are being imposed on local governments. 
Planner  Gordon  reported local  governments could be  more  restrictive  than  the  ALC 
permissions. Reed Bailey reported that local governments have authority over residential 
uses on the ALR within their community, within the bounds of the Agricultural Act. 
 Support was expressed for housing to be for the use of the farm.  
 There was a question regarding if staff could comment regarding enforcement of housing for 
farm  use. Planner Gordon  reported that statutory  declarations and/or  covenants may  be 
required as enforcement mechanisms. 
 There was a comment that requiring farm tax status would be a good mechanism to ensure 
that at least $2,500 of farm product is being produced. 
 There  was  a  comment  that  the  Salt  Spring  Island Area  Farm  Plan  recommended  that  a 
property would need to have farm tax status to be permitted to have additional housing. 
 There was a comment that siting is an important consideration for additional housing on 
farmland. 
 There  was  a  concern  that  the  Provincial  regulations  reduce  the  number  of  permitted 
campsites on farmland.  
 There was a comment regarding farmworker housing on non-ALR properties. Planner Mayes 
reported the Salt Spring Island Local Trust Committee has directed staff to report on options 
to amend Section 3.17 of Salt Spring Island Land Use Bylaw No. 355 to utilize subdivision 
potential for farmworker or long-term housing 

 
 
Salt Spring Island 
Agricultural Advisory Planning Commission Minutes 
September 16, 2021       ADOPTED Page 3 
 There  was  a  question regarding  campsite  regulations  within  the  ALR  and  support  was 
expressed for assurance that farmers will be able to allow camping to supply housing for 
farmworkers. 
 
It was MOVED and SECONDED, 
That the Salt Spring Island Agricultural Advisory Planning Commission recommend to the Salt 
Spring Island Local Trust Committee that draft Bylaw No. 526 proceed, subject to the following 
recommendations: 
a. remove Item d) a full-time rental cottage subject to Section 3.15; 
b. remove Item f) on a lot greater than 40 hectares in area, a dwelling unit not exceeding 186 
square metres in floor area; 
c. include  a  recommendation  that  the  campground  limitation  does  not  apply  to  bona  fide 
farmworkers. 
CARRIED 
 
4. OTHER BUSINESS - none 
 
5.     ADJOURNMENT  
  
 By general consent the meeting adjourned at 3:54 p.m. 
 
 
 
 
__________________________________ 
Bree Eagle, Chair 
 
 
CERTIFIED CORRECT: 
 
 
__________________________________ 
Sarah Shugar, Recorder