Denman Island Local Trust Committee special meeting, January 17, 2023

[0:00:00] Voice 3: So we're just waiting for a moment for the stream to start.

[0:00:08] Voice 5: There's always a bit of a delay.

[0:00:21] Voice 5: So thumbs up and ready to go.

[0:00:25] Voice 3: And we're good to go.

[0:00:26] Voice 6: Excellent.

[0:00:27] Voice 6: All righty.

[0:00:28] Voice 6: Well, good afternoon.

[0:00:29] Voice 6: Thank you for joining us today in this electronic special meeting of the Denman Island Local Trust Committee.

[0:00:34] Voice 6: I want to begin by acknowledging that we're fortunate to be able to gather today in the locations across the traditional Native Territory of the Coast Salish people.

[0:00:42] Voice 6: I'm David Maude.

[0:00:43] Voice 6: I'm elected to the main island and chair of the Denman Island Local Trust Committee.

[0:00:47] Voice 6: I'm joined today by Denman Island trustees David Graham and Sam Borthwick. Together we make up the

[0:00:53] Voice 6: Denman Island Local Trust Committee. This meeting is being conducted electronically and is being

[0:00:58] Voice 6: live streamed. It is also being recorded and will be available soon on the Islands Trust website.

[0:01:03] Voice 6: We have some staff members joining us today. Rene Jammaret is the Regional Planning Manager

[0:01:11] Voice 6: for the Island Trust Northern office and has just joined us.

[0:01:14] Voice 6: Vicky Volkman is our minute taker.

[0:01:17] Voice 6: Sonia Sabanich is our Island planner

[0:01:19] Voice 6: and Will Cunningham is hosting the Zoom meeting.

[0:01:22] Voice 6: Also joining us today is Salmon Palmer,

[0:01:25] Voice 6: the applicant for the Denman Housing Association

[0:01:27] Voice 6: rezoning application DERZ2021.1.

[0:01:32] Voice 6: This meeting is an official forum

[0:01:34] Voice 6: for your local trust committee to make decisions

[0:01:36] Voice 6: about land use planning matters

[0:01:37] Voice 6: and discuss relevant business.

[0:01:39] Voice 6: I want to add that this is a place of employment, despite the fact many staff members are in their own homes, our staff have the right to a safe and respectful workplace.

[0:01:47] Voice 6: All right, so we'll start off by approving the agendas presented.

[0:01:52] Voice 6: If we can do that by consensus, unless anybody has something to add.

[0:01:58] Voice 6: Seeing none, then we will move forward to our business items.

[0:02:02] Voice 6: We have two very quick items to deal with.

[0:02:04] Voice 6: with. The first one is a complicated one, which is the 2023 regular business schedule. And I will

[0:02:12] Voice 6: hand that over to Sonia to sort of go through what the proposal is. Thank

[0:02:17] Voice 1: you, Chair Maud.

[0:02:19] Voice 1: So the staff report in your agenda package outlines a proposed schedule for the remainder of

[0:02:26] Voice 1: 2023 to conduct your regular business meetings of the Denman Local Trust Committee.

[0:02:33] Voice 1: committee those dates are in the recommended resolution on page one of the report and the

[0:02:39] Voice 1: second page outlines the schedule for all the northern regions so that you are able to

[0:02:44] Voice 1: cross-reference the some would say lack of flexibility for lots of alternate dates to be

[0:02:51] Voice 1: proposed but this does not preclude the ability of the local trust committee to conduct special

[0:02:58] Voice 1: special meetings such as this one electronically or where resources allow in person for project

[0:03:04] Voice 1: specific or application specific business that you would like to advance outside of the schedule

[0:03:11] Voice 1: so you can keep that in mind what we're asking today is that you consider this as the base

[0:03:16] Voice 1: schedule for regular business meetings for the remainder of the year our regional planning

[0:03:22] Voice 1: manager and myself are here if you have any questions as you discuss the schedule that's

[0:03:26] Voice 1: proposed here all

[0:03:28] Voice 6: right thank you very much so i'll turn it over to two trustees to see if they

[0:03:32] Voice 6: have any questions or concerns or

[0:03:36] Voice 5: if not a motion no oh

[0:03:41] Voice 6: the trustee graham's waving violently thank

[0:03:44] Voice 4: thank you chairman um my only question is now um and i i apologize for not knowing the answer but

[0:03:50] Voice 4: are these uh in-person meetings are these electronic meetings or or are they up for

[0:03:54] Voice 4: discussion each time we have a meeting thank

[0:03:58] Voice 1: you through the chair i can answer that question

[0:04:01] Voice 1: so these are proposed to be either in person or electronic at the discretion of the local

[0:04:08] Voice 1: trust committee at this time so the resolution doesn't stipulate that these would be

[0:04:14] Voice 1: electronic we would need that direction from you today if you had an idea of how many of

[0:04:19] Voice 1: these meetings or which of them you would prefer to do electronically that is completely up to

[0:04:26] Voice 1: to the local trust committee to provide us with that clarity so we can conduct

[0:04:30] Voice 1: the necessary bookings.

[0:04:32] Voice 1: Currently the use of the Denman activity center, is that correct?

[0:04:36] Voice 1: Or seniors activity center is the standard venue for your regular business

[0:04:42] Voice 1: meetings, unless it's a special engagement session where we require a larger

[0:04:47] Voice 1: space and then we would book that differently.

[0:04:49] Voice 1: But for now these would be all held in the same venue and we're very open to

[0:04:54] Voice 1: electronic meetings as well.

[0:04:57] Voice 4: follow-up action uh follow-up question if i made sure mode

[0:05:00] Voice 6: certainly um

[0:05:02] Voice 4: i i personally would like

[0:05:04] Voice 4: to meet um physically each time but i don't expect the support staff uh to be also physically

[0:05:12] Voice 4: present i'd be i'd be more than comfortable if the planners who are assigned to that particular

[0:05:18] Voice 4: meeting came in electronically so i just want to put that out there that that my my needs to be

[0:05:24] Voice 4: in front of my community I don't I don't expect staff to follow the same protocol okay I think

[0:05:36] Voice 5: staff will sort of

[0:05:36] Voice 6: bear that in mind as things come forward so sometimes it's with some of these

[0:05:41] Voice 6: complicated issues it does help to have staff in in person to sort of keep the meeting dynamics

[0:05:48] Voice 6: going but you know we have the professionals they can make their their decisions and take

[0:05:54] Voice 6: the guidance as needed and

[0:05:57] Voice 1: through the chair just our understanding is is that one staff member or

[0:06:03] Voice 1: an officer of the trust is required to be in attendance at these meetings but we have asked

[0:06:09] Voice 1: for some clarification on that as well to provide you with some better advice about what flexibility

[0:06:13] Voice 1: and options actually exist for those hybrid attendance type meetings yes

[0:06:22] Voice 6: that's a legal

[0:06:23] Voice 6: legal thing i know that we've been dealing with that down south here too we're waiting for

[0:06:27] Voice 6: clarification on that oh and there's will's got something to add i

[0:06:34] Voice 3: i just also wanted to add that

[0:06:36] Voice 3: um on denman right now the connectivity is still such that i don't think that we can um always

[0:06:44] Voice 3: reliably run a zoom meeting from the denman activity center so if a planner did have to

[0:06:50] Voice 3: attend by zoom they may not be able to do so properly until such time as that good fiber

[0:06:57] Voice 3: optic comes through and and we have a more reliable connection

[0:07:01] Voice 6: perhaps maybe on the february

[0:07:05] Voice 6: 7th meeting should we sort of set up a zoom connection just to sort of sit there in the

[0:07:10] Voice 6: background to see how that all works we

[0:07:14] Voice 3: can certainly try a test run if that's what you'd

[0:07:16] Voice 3: like to uh if that's what you'd like to do i i believe that chair fast tried to do we did try

[0:07:22] Voice 3: to do a test run at the end of the last term and then i can't remember what went sideways but it

[0:07:28] Voice 3: it didn't work out but that doesn't mean it won't work out this next time so yeah i'm happy to um

[0:07:35] Voice 3: facilitate that if that's what you'd like to do well

[0:07:38] Voice 6: i think well maybe between um you and

[0:07:40] Voice 6: maybe renee to sort of figure out if that's an experiment we want to try and and you know we

[0:07:46] Voice 6: we can facilitate that I'm sure as a test,

[0:07:49] Voice 6: but I do understand Denman does have challenges

[0:07:52] Voice 6: and I'm the same way for me at home

[0:07:55] Voice 6: is I literally at home with Zoom meetings,

[0:07:59] Voice 6: I cannot stream video.

[0:08:01] Voice 6: So I understand connectivity can be a very nasty thing.

[0:08:04] Voice 6: All right, so if there's nothing else,

[0:08:10] Voice 6: does somebody want to make the motion?

[0:08:14] Voice 2: We have Sam.

[0:08:17] Voice 5: uh

[0:08:18] Voice 2: yeah so i just um we were just uh at the apc meeting uh or and they did have uh they did have

[0:08:29] Voice 2: a zoom stream going um they were doing it through a mobile phone which obviously is less less ideal

[0:08:36] Voice 2: but the connections are possible it's it is possible to do i i've used uh the wi-fi downtown

[0:08:42] Voice 2: downtown frequently my internet at home is all next to useless but there is there is stable

[0:08:49] Voice 2: enough internet to sustain a zoom connection downtown but anyways so

[0:08:56] Voice 6: so that was done through

[0:08:58] Voice 6: a phone um and and islands trust has kindly provided me with a phone with data so maybe

[0:09:05] Voice 6: that's an option we can do um i'm probably going to be turning up the meeting menu venue at least

[0:09:11] Voice 6: an hour early so maybe we can

[0:09:13] Voice 5: play a bit all righty so with that's it motions happy to make

[0:09:29] Voice 5: that motion if it was on the screen that would be helpful thank you there we go uh

[0:09:38] Voice 4: i move that

[0:09:39] Voice 4: the dem and on and local trust committee schedule its regular business meetings on the following

[0:09:43] Voice 4: dates in 2023 april 4th june 6th july 25th october 3rd and november 14th thank you

[0:09:52] Voice 6: very much i just

[0:09:54] Voice 6: i note that the february meeting is not listed on that um but

[0:09:58] Voice 5: uh so we have a seconder

[0:10:03] Voice 5: case trustee borothwick is seconded any other discussion if

[0:10:08] Voice 6: not call the question all in favor

[0:10:12] Voice 6: perfect that carries thank you very much so that's like that we got the complicated thing done with

[0:10:20] Voice 6: so now um the second thing on our agenda is the denman housing uh association uh

[0:10:29] Voice 6: rezoning. So the local trust committee is going to consider whether or not they wish to receive

[0:10:34] Voice 6: new information post-public hearing. So again, I will turn this over to Sonia to sort of walk us

[0:10:42] Voice 6: through this and see where we're going to sit. Thank you.

[0:10:47] Voice 1: Thanks, Chair Maud. So I appreciate

[0:10:50] Voice 1: that all three of you were not part of the LTC deliberations of this application since 2021.

[0:10:57] Voice 1: 21. So I do have a few slides, less than three minutes for a very brief summary of the work

[0:11:07] Voice 1: that's been done to date. Very brief. If that would be acceptable of the local trust committee,

[0:11:13] Voice 1: it is not new information.

[0:11:15] Voice 6: Okay. Well, thumbs up with you. Thank you. Thanks.

[0:11:20] Voice 5: So I'll just

[0:11:21] Voice 5: share my screen.

[0:11:29] Voice 1: So the first thing I just wanted to reiterate is that all relevant documents

[0:11:34] Voice 1: pertaining to DERZ 2021.1, which is this application, is on our website under the

[0:11:42] Voice 1: applications tab for Denman Island. So I strongly recommend that you go through the staff reports,

[0:11:48] Voice 1: the proposed bylaws, the correspondence, etc. That is all what is part of the public hearing

[0:11:55] Voice 1: package that is available to you for consideration for this application. So that's just a screenshot

[0:12:04] Voice 1: from our website. So in general terms, this is a rezoning and density transfer application that

[0:12:16] Voice 1: would result in the creation of up to 20 units of affordable rental housing in the Denman Village.

[0:12:21] Voice 1: there are three distinct parcel areas on the island that are part of this application

[0:12:27] Voice 1: and they are shown in the yellow highlighted boxes on the image on your screen the arrow

[0:12:36] Voice 1: is pointing to what we refer to as the receiver parcel that is the parcel that is subject to the

[0:12:43] Voice 1: affordable housing proposal from the denman housing association at 1151 northwest road

[0:12:49] Voice 1: So there would be a proposed increase of density from 1 to 20 in this location, and a density transfer between the other two parcels shown in yellow on the screen, one a reduction of three units and the other an increase in three units.

[0:13:04] Voice 1: That increase in three units would be for market housing, not part of the affordable housing development.

[0:13:09] Voice 1: So all the attention has been on this small parcel, the receiver parcel, in terms of the zoning amendments, the water studies, all the information on the website has primarily been in support of the review of that application.

[0:13:24] Voice 1: And the site plan that you'll see on our website under the applications tab is the most up-to-date site plan that the applicant submitted that demonstrates the approximate siting and layout for the infrastructure, the sewage disposal, and the protection of the large wetland area that would not be part of the build-out for that lot.

[0:13:47] Voice 1: lot. So that's about as much as I'm going to say in terms of summarizing the application. There is

[0:13:54] Voice 1: a lot more to go through and questions, but at this point in time, this is as much as we need

[0:13:59] Voice 1: to cover the process up to this point in time, just so you're aware, lots has happened since

[0:14:06] Voice 1: March when we received this application, March 2021. It was January 2022 when we hosted the

[0:14:13] Voice 1: first community information meeting and that was when the draft bylaws were presented as well as

[0:14:20] Voice 1: next steps and possible considerations for the local trust committee and moving forward

[0:14:25] Voice 1: by march 2022 we had first reading of the bylaws there were three the official community plan

[0:14:32] Voice 1: amendments the land use bylaw amendments and the draft housing agreement at that point in

[0:14:38] Voice 1: time we sent out referrals to all the agencies first nations and adjacent local governments

[0:14:42] Voice 1: By April 2022, the LTC was comfortable with second reading, as well as public hearing and third reading in May 2022.

[0:14:54] Voice 1: The OCP bylaw had to be sent to the Provincial Minister of Municipal Affairs and Housing for approval.

[0:15:01] Voice 1: That is a standard process that we have to go through for all OCP amendments, and that approval came through in October 2022.

[0:15:08] Voice 1: 2022. So what's new in terms of information that I can share that isn't um post isn't subject to

[0:15:17] Voice 1: the post-public hearing sort of quiet period is the LTC was waiting for confirmation of a

[0:15:24] Voice 1: groundwater license so I can confirm that on January 5th of this year the provincial government

[0:15:29] Voice 1: did issue their approval for a groundwater license for the Denman Housing Association's

[0:15:34] Voice 1: application for the development to support up to 20 units of affordable rental housing in the

[0:15:40] Voice 1: village area the resolution from the local trust committee that was passed last term is on the

[0:15:47] Voice 1: screen and i've highlighted and read the relevant piece that allows me to present that information

[0:15:55] Voice 1: to you is that the ltc was waiting for that confirmation for the for the water license to

[0:16:03] Voice 1: to be issued prior to consideration of adoption of the bylaws so that's all that I need to share

[0:16:11] Voice 1: on the screen so that's if there's any questions about the process to date I can take those now

[0:16:17] Voice 1: if you wish before I pause and then switch over to the next portion of the presentation

[0:16:23] Voice 1: is there any questions on that information great

[0:16:27] Voice 6: everybody seems happy with that you've done good

[0:16:29] Voice 6: Okay.

[0:16:30] Voice 1: So, late last year, we received a referral response from Comox First Nation. So, I can share that information with you.

[0:16:43] Voice 1: Anything that's received post-public hearing, whether it's a referral from an agency, a First Nation, or another local government, or even public correspondence, comes to the planner that's assigned to the file.

[0:16:55] Voice 1: so we're the gateway for that so when we receive that we review the information

[0:16:59] Voice 1: to determine whether or not there's significant need to have you consider that information and

[0:17:08] Voice 1: part of your deliberation prior to next steps for those bylaws so some of the information we

[0:17:14] Voice 1: receive post-public hearing is not substantially new or different and it just gets filed post-public

[0:17:19] Voice 1: hearing you're not able to see that information and no there nor is there a need for you to see

[0:17:24] Voice 1: that information if it's new if we consider it new and relevant to your review of the draft or

[0:17:33] Voice 1: the proposed bylaws then we need to approach the local trust committee to say yeah this is we've

[0:17:38] Voice 1: received new information that could impact the user density of the parcels in question of this

[0:17:45] Voice 1: application would you like to receive that information because if you do then that

[0:17:51] Voice 1: That information needs to become part of the package of information that the public has access to as part of a public hearing.

[0:17:58] Voice 1: So the bylaws would need to revert back to prior to third reading so that everybody has access to the same information that you do to consider next steps.

[0:18:09] Voice 1: So we did receive a referral response late last year, and that's what triggered the need for planning staff to evaluate whether or not this information was pertinent to your consideration of next steps.

[0:18:21] Voice 1: we determined that yes, it was. So we asked you to schedule the special meeting to present that

[0:18:27] Voice 1: information to you. Late last week, we received an update that since the elections on January 7th

[0:18:36] Voice 1: with Comox First Nation, there is a new chief in council, completely new. And that turnover

[0:18:45] Voice 1: has possibly triggered a change in that referral response that staff received late last year.

[0:18:52] Voice 1: So today I'm unable to recommend that you should consider accepting new information because I've been advised that they are reconsidering that referral response as early as tomorrow.

[0:19:09] Voice 1: So the timing is not great, but your next meeting date is February 7th, and I am confident that I will have sufficient information to provide you at that time for consideration of next steps in this bylaw review process.

[0:19:29] Voice 1: and that today there is no need for the LTC to give direction to staff that you wish or wish

[0:19:38] Voice 1: to not receive the information because I may be able to provide you with an alternate recommendation

[0:19:46] Voice 1: at your next business meeting.

[0:19:49] Voice 6: So this basically this issue will be deferred to to the February

[0:19:53] Voice 6: 7th meeting?

[0:19:55] Voice 1: That would be my recommendation and that you continue to abide by the provincial

[0:20:02] Voice 1: essential rules around not discussing this application with the applicant or with any

[0:20:08] Voice 1: members of the public through email, telephone, or in-person conversations, because that in and

[0:20:14] Voice 1: of itself could require you to consider the need for the process to be reset prior to the public

[0:20:21] Voice 1: hearing in terms of the readings of the bylaws. It's a very sensitive time period in these

[0:20:27] Voice 1: these applications post-public hearing we don't like to see such long periods of time between the

[0:20:33] Voice 1: public hearing and consideration of adoption but as you saw we were waiting for that provincial

[0:20:39] Voice 1: approval of a groundwater license as a condition of adoption and the minister had the bylaw for

[0:20:45] Voice 1: quite a chunk of time as well so that didn't help with the process but we are getting close

[0:20:51] Voice 1: to some clarity around whether or not you need to consider

[0:20:56] Voice 1: a referral response from Comox.

[0:21:00] Voice 1: And I look forward to providing you with advice on next steps

[0:21:05] Voice 1: at your next business meeting.

[0:21:07] Voice 6: So at our February 7th meeting, is it option A,

[0:21:14] Voice 6: we consider new information, or option B,

[0:21:18] Voice 6: is that a time where we're going to be looking at the bylaws?

[0:21:21] Voice 6: or is that is that because i'm assuming everybody's shopping at the bit to do something

[0:21:26] Voice 6: there

[0:21:29] Voice 1: will be a number of options and and my role as the island planner for the file is to work with

[0:21:35] Voice 1: the applicant behind the scenes to prepare for that meeting with what we feel is the best

[0:21:43] Voice 1: next step it's all pending on what information we receive between now and then as well and our

[0:21:50] Voice 1: analysis of that information and the analysis of the possible options that exist to you

[0:21:59] Voice 1: in your next steps. So it's very hard to predict at this point in time, and I don't think it's

[0:22:04] Voice 1: a good use of time to try to piece out all the different options and all the different avenues

[0:22:09] Voice 1: because we don't have the information that we need to do that. So your patience is necessary.

[0:22:16] Voice 1: I understand and appreciate the frustration that the applicant and the community experiences

[0:22:20] Voice 1: through this type of a process but this is quite an important step that we need to work through

[0:22:27] Voice 1: and our commitment to collaborate and work with others including the First Nation neighbors

[0:22:32] Voice 1: is very strong and staff are working with staff at Comox to provide as much clarity as possible

[0:22:40] Voice 1: to the elected officials there and with you as well.

[0:22:45] Voice 6: Excellent so any questions or issues from

[0:22:49] Voice 6: the trustees shaking heads so apparently you've done good once again it's uh so we will just we'll

[0:22:58] Voice 6: wait to february the 7th and look forward to what comes out of the magic box and hopefully

[0:23:05] Voice 6: there's progress made in one direction or another that we can make people happy so is there any

[0:23:14] Voice 6: other business that anybody has not

[0:23:17] Voice 1: from planning staff and

[0:23:20] Voice 6: i see trustees shaking their heads with

[0:23:22] Voice 6: smiles on their faces so we've accomplished that goal all right well then if that's the case then

[0:23:28] Voice 6: i will look for a motion for adjournment and we will let people to get on with their days before

[0:23:33] Voice 1: you do i was just going to suggest the next meeting is uh posted on your agenda the february

[0:23:39] Voice 1: 7th date so i did notice as well that it wasn't in the resolution um but in the agenda cover

[0:23:49] Voice 1: oh it isn't there either are

[0:23:54] Voice 3: you wondering about the february 7th meeting sonia

[0:23:57] Voice 1: yes sorry i didn't

[0:23:58] Voice 1: want them to leave and end the meeting if there was no resolution for the february 7th meeting

[0:24:02] Voice 1: it

[0:24:03] Voice 3: was it was approved by rwm great thank you sorry so just

[0:24:09] Voice 1: wanted to check

[0:24:10] Voice 3: that's why it wasn't

[0:24:11] Voice 3: on this next memo okay thank

[0:24:13] Voice 1: you good

[0:24:16] Voice 6: stuff all right so trustee bothrick i believe you were

[0:24:20] Voice 6: put your hands in the air for

[0:24:23] Voice 6: adjournment

[0:24:25] Voice 6: perfect we have a thumb in the air

[0:24:28] Voice 6: Trustee Graham I assume is going to agree with that

[0:24:30] Voice 6: he's seconded it I'll recall the question

[0:24:32] Voice 6: all in favor

[0:24:33] Voice 6: hands go in the air well thank you very much

[0:24:35] Voice 6: for everybody

[0:24:37] Voice 6: I too am new in the role and I do very much

[0:24:40] Voice 6: appreciate all the staff support

[0:24:41] Voice 6: and the wonderful trustees who have been very

[0:24:44] Voice 6: helpful in all of this and I

[0:24:45] Voice 6: do look forward on February 7th to seeing

[0:24:47] Voice 6: everybody thank you so much

[0:24:53] Voice 5: Okay. Thank you. Bye-bye.

[0:24:54] Voice 5: Bye now.

DRAFT 
Denman Island DRAFT 1 
Advisory Planning Commission Minutes 
January 17, 2023 
 
Minutes of the Denman Island 
Advisory Planning Commission 
 
Date of Meeting: Tuesday, January 17, 2023  
 
Location: 
 
Denman Activity Centre 
1111 Northwest Road, Denman Island, BC 
 
APC Members Present: 
 
George McRae, Member 
C Urquhart, Member 
Edi Johnston, Chair 
Anne deCosson, Member 
 
Staff Present: 
 
Marlis McCargar, Island Planner by Speakerphone 
Katherine Vogt, Recorder by Speakerphone 
 
 
Others Present: 
 
Sam Borthwick, Local Trustee 
David Graham, Local Trustee 
One (1) member from the public 
 
1. CALL TO ORDER AND WELCOME 
 
Acting Chair McCargar called the meeting to order at 1:23 pm. She acknowledged that the 
meeting was being held on the unceded territory of the K’ómoks First Nation. She introduced 
herself and recorder and invited Advisory Planning Commission (APC) members and others to 
introduce themselves. She explained that she would be acting as Chair until elections were held 
later in the meeting, at which time the newly elected Chair would take over. She reviewed the 
history of the Denman Island Farming Regulations Review Project and proposed Bylaws 228 and 
229, recently given second reading by the Local Trust Committee (LTC) and currently being 
referred to the APC, First Nations and other agencies for comment. 
 
2. APPROVAL OF AGENDA 
 
By general consent, the agenda was approved. 
 
3. MINUTES 
 
3.1 Denman Island Advisory Planning Commission Draft Minutes dated June 14, 2022 
 
Member McRae objected to the wording in item 3.1 of the June 14, 2022 minutes, an 
item that referred to the previous minutes of August 14, 2020. Specifically, the phrase in 
item 3.1 ‘perhaps motion DE-APC-2020-005, was not carried’ was unnecessarily 
ambiguous given that Member McRae was actually very certain that the motion had not 
been carried.  
 
Planner McCargar noted that there was a recording of the meeting which had been 
reviewed by the Planning Team Assistant, and that it was not clear that the motion had 
not been carried. 

DRAFT 
Denman Island DRAFT 2 
Advisory Planning Commission Minutes 
January 17, 2023 
o Member McRae noted that the recorder had been a distance away from the 
members, so perhaps the correct information had not been captured in the 
recording. 
 
By general consent, the minutes of June 14, 2022 were approved as presented.  
 
4. BUSINESS ITEMS ELECTION OF CHAIR, VICE-CHAIR AND SECRETARY 
 
Planner McCargar noted that terms for present APC members would be expiring in July 2023; 
and, that though elections for APC members were usually done at the start of the term, these 
had been deferred, but still needed to be conducted.  She explained the roles of Chair, Vice-
Chair, and Secretary. 
 
By acclamation, Edi Johnston was elected Chair; George McCrae was elected Vice-Chair; and C 
Urquhart was elected Secretary. 
 
Planner McCargar noted that recruitment for new APC members would most likely not occur 
until the end of the present term in July 2023; and, that current APC members would be invited 
to put in submissions for another term at that time. She added that the LTC reviews submissions 
and appoints for the APC at a closed meeting. 
 
Planner McCargar passed Chair duties to newly elected Chair Johnston 
 
5. REFERRAL FROM DENMAN ISLAND LOCAL TRUST COMMITTEE 
 
Planner McCargar noted that the referral from the LTC was regarding the Denman Island 
Farming Regulations Review Project. 
 
Chair Johnston reminded APC members that their job was to review the referral and provide 
comment and/or recommendations to the LTC; and, that the Islands Trust mandate was to 
preserve and protect the Trust area and its unique amenities and environment for the benefit of 
residents of the Trust area. 
 
APC members noted the following regarding proposed Bylaw No. 228: 
 The Denman Island Official Community Plan (OCP) Land Use Designations map with the 
Proposed Bylaw No. 228 referral package presents a block of land in and around two farms 
on East Road with Agriculture Land Reserve (ALR) zoned status without any designation. 
Should it not have an A for Agriculture designation? 
o Planner McCargar responded that there are two Denman Island land maps: a zoning 
map correlated to the Land Use Bylaw and its regulations, and a Land Use Designation 
map correlated to the OCP. While the two maps very often do align, sometimes they do 
not. 
o Planner McCargar noted that the map seemed to imply that the block of land in 
question was designated Sustainable Resource (SR); but, would seek further clarification 
as to why it was not labeled.  
o Planner McCargar noted that Policy 14 speaks to Sustainable Resource (SR) land on ALR 
land; that ALR zones were provincially regulated so would not be affected by an OCP 
designation. 

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January 17, 2023 
 APC members discussed that the OCP Land Designation map in relation to the zoning map 
was confusing. 
 Regarding Proposed Bylaw No. 228, Schedule 1, Item 1.8 ‘Additional dwellings could be 
permitted if they are required for full-time farm help and approved by the Agricultural Land 
Commission,’ is the local government giving up control over dwelling numbers to the 
Agricultural Land Commission (ALC)? 
o Planner McCargar responded that the Land Use Bylaw can be more restrictive but not 
less restrictive than the ALC regulations. Applications to the ALC are referred to the 
Islands Trust but ALC has the final decision making authority. It is uncommon, however, 
for agencies to disregard comments to applications given that the referral process is 
collaborative. 
 The extra dwelling allowances on ALR land could be easily abused due to lack of monitoring. 
o Planner McCargar responded that she did not know if the ALC used a complaints-based 
system or another system for monitoring built into the extensive ALC applications 
process. 
 Many farmers feel generally constrained by lengthy, time-consuming applications and 
regulatory processes and would not support local governments imposing further restrictive 
regulation layers above the ALC’s existing restrictions on ALR land. Seasonal workers and 
places for them are needed on farms. 
 Why does the Ministry of Agriculture say that local governments have final approval over 
residences? 
o Planner McCargar clarified that previously the ALC only allowed secondary dwellings for 
immediate family members, but that now they were allowing anyone in the second 
dwelling; however, local governments can impose more restrictive regulations in their 
Land Use Bylaw. 
o She further noted that on the Islands Trust website there is a Protocol Agreement and a 
Letter of Understanding between the ALC and Islands Trust. 
 
DE-APC-2023-001 
It was MOVED and SECONDED, 
that the Denman Island Advisory Planning Commission recommends moving forward 
with proposed Bylaw No. 228. 
CARRIED 
 
APC members discussed proposed Bylaw No. 229 which amends the Denman Island Land Use 
Bylaw No. 186, 2008 to regulate dwellings in the ALR; agri-tourism and agri-tourism 
accommodation; and to update several definitions and setback regulations. 
 
APC members noted the following regarding proposed Bylaw No. 229: 
 It was previously determined that setbacks to watercourses for development permit areas 
was out of scope of the Farm Regulations Review Project but would be an important future 
project. Why was this not done first? 
o Planner McCargar clarified that the proposed changes in Bylaw No. 229 bring setbacks 
to watercourses regulations in line with ALC regulations, but setback regulations or the 
creation of new Development Permit Areas would need another extensive round of 
public engagement. 
 There is currently a problem with small-scale livestock in a small subdivision property 
contaminating and shutting down a nearby shellfish tenure with E. coli.  

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January 17, 2023 
 There is currently a problem with manure applied on a garden adjacent to a stream and well 
contaminating that well with E. coli such that the well owner has had to install extra 
filtration. 
o Planner McCargar noted that the BC Ministry of Environment enacted the Agricultural 
Environmental Management Code of Practice regulation in 2019 which lays out 
requirements for specific farm practices regarding livestock, manure and storage near 
watercourses. 
 An APC member responded that these Ministry regulations were inadequate and did not 
account for the nature of runoff in various landscapes. 
 Applications of manure on larger growing areas could contaminate whole watersheds and 
multiple wells. 
 How many years could it take to fully address farm practices water contamination issues on 
Denman Island? 
o Planner McCargar responded that this would be at the direction of the LTC and their 
project priorities and could be recommended by the APC for the LTC to consider. She 
also clarified that amended setback regulations could apply to any property, not just 
farm properties. 
 Upriver/downriver contamination issues could be addressed more quickly as a specific 
significant setback issue. 
 
DE-APC-2023-002 
It was MOVED and SECONDED, 
that the Denman Island Advisory Planning Commission recommends moving forward with 
proposed Bylaw No. 229. 
CARRIED 
DE-APC-2023-003 
It was MOVED and SECONDED, 
that the Denman Island Advisory Planning Commission recommends that the Local Trust 
Committee review issues of creating Development Permit Areas for protection of watercourses 
as a priority. 
CARRIED 
6. NEXT MEETING 
 
A next meeting would await a new referral from the LTC. 
 
7. ADJOURNMENT 
By general consent, the meeting was adjourned at 2:39 pm. 
 
_________________________ 
Edi Johnston, Chair 
 
Certified Correct: 
 
_________________________ 
Katherine Vogt, Recorder