North Pender Island Local Trust Committee community information meeting, May 5, 2025

[0:00:03] Trustee Maude: All right, we are on our way.

[0:00:06] Trustee Maude: Good afternoon.

[0:00:08] Trustee Maude: Thanks for joining us today for this special meeting of the North Pender Island Local Trust Committee.

[0:00:14] Trustee Maude: I want to begin the meeting by acknowledging that we're fortunate to be able to gather today

[0:00:17] Trustee Maude: in locations across the territory of the Coast Salish people.

[0:00:20] Trustee Maude: I'm David Maude, elected on the main island, chair of the North Pender Island Local Trust Committee.

[0:00:24] Trustee Maude: I'm joined today by your two North Pender Island trustees, Aaron Campbell and Deb Morrison.

[0:00:30] Trustee Maude: Together, we make up the North Pender Island Local Trust Committee,

[0:00:32] Trustee Maude: the meeting is being live streamed and recorded for those who are unable to attend in person today

[0:00:36] Trustee Maude: the recording will be posted on stress website for future viewing we have some staff members

[0:00:42] Trustee Maude: joining us today um we have our island planner brad smith um our alternate island planner bruce

[0:00:48] Trustee Maude: belcher um i see robert kajima the regional planning managers have joined us um and of

[0:00:56] Trustee Maude: of course, we have Lisa Millard, who is our puppet master, who looks after our Zoom meetings

[0:01:01] Trustee Maude: and meeting notes and such, and keeps this thing on the tracks, which we very much appreciate.

[0:01:08] Trustee Maude: And so we will get on our way. We have an agenda before us. Does anybody have any additions

[0:01:17] Trustee Maude: or comments on the agenda? If not, then we will adopt it by general consent.

[0:01:25] Trustee Maude: consent. We have two sets of minutes before us. We have the April 4th, 2025 local trust committee

[0:01:32] Trustee Maude: meeting minutes. Does anybody have anything on those? So well done. So by general consent,

[0:01:41] Trustee Maude: we will adopt those minutes. And then we have the April 12th, 2025 local trust committee special

[0:01:46] Trustee Maude: meeting minutes for adoption. Again, any commentary on that? All right. So by general consent,

[0:01:55] Trustee Maude: we will adopt those minutes.

[0:01:57] Trustee Maude: So we have a couple of things before us.

[0:02:00] Trustee Maude: Oh, now what I've done is I've totally skipped

[0:02:02] Trustee Maude: over the town hall, which I apologize for.

[0:02:05] Trustee Maude: We have a town hall in this meeting.

[0:02:08] Trustee Maude: If anybody has any comments on the applications before us

[0:02:11] Trustee Maude: or any other kind of local trust in the business,

[0:02:13] Trustee Maude: this is a time to comment.

[0:02:17] Trustee Maude: So this is the people who are not the applicants.

[0:02:20] Trustee Maude: The applicants will be able to speak

[0:02:22] Trustee Maude: to the applicants applications

[0:02:23] Trustee Maude: to come before the local trust committee,

[0:02:25] Trustee Maude: but if members of the public want to speak

[0:02:28] Trustee Maude: to any of the application or anything else,

[0:02:30] Trustee Maude: if you'd raise your hands and we will bring you across

[0:02:32] Trustee Maude: and you can make your presentation.

[0:02:34] Trustee Maude: Not seeing anybody raising hands.

[0:02:44] Trustee Maude: If you're trying to figure out how to do it,

[0:02:46] Trustee Maude: the bottom of your task bar,

[0:02:49] Trustee Maude: there's a raise hand signal there.

[0:02:54] Trustee Maude: But again, seeing none, I guess we will pursue,

[0:02:58] Trustee Maude: oh, we have one now.

[0:02:58] Trustee Maude: now. So, Miss Davies, if you'd like to speak on this. Miss Davies, you're muted if you're

[0:03:09] Trustee Maude: trying to speak.

[0:03:19] Voice 9: Still nothing coming across. We do love technology.

[0:03:36] Trustee Maude: Again, Miss Davies,

[0:03:39] Trustee Maude: if you're trying to speak, we're not hearing you. Okay,

[0:04:01] Trustee Maude: this is kind of awkward because

[0:04:02] Trustee Maude: we have a member of the public wishing to speak but unfortunately doesn't seem to be

[0:04:07] Trustee Maude: able to speak for some technical reason chair

[0:04:12] Voice 4: mod the um attendee declined to become a panelist

[0:04:16] Voice 4: have allowed her to speak but uh she's not speaking all

[0:04:22] Trustee Maude: right so i guess we will just

[0:04:25] Trustee Maude: proceed then is

[0:04:27] Trustee Morrison: that that's marianne

[0:04:28] Trustee Maude: yes i

[0:04:30] Trustee Morrison: think there might be a technical issue can we

[0:04:32] Trustee Morrison: text her the dial-in number let's see if she can just phone in yeah

[0:04:40] Voice 9: do you um in the chat

[0:04:42] Trustee Morrison: Yes.

[0:04:43] Voice 9: Lisa, can you do that?

[0:04:49] Voice 4: I'll track that down and put it in the chat momentarily.

[0:04:51] Trustee Maude: Thank you. Okay, let's just pause for a second then and just...

[0:05:01] Trustee Morrison: The other thing we could do is we could take a moment. I don't know if we

[0:05:05] Trustee Morrison: see it in the agenda, though. Usually we do trustees reports,

[0:05:11] Trustee Morrison: but we don't have it as part of this agenda.

[0:05:14] Trustee Maude: Yeah, because it's just it's a special

[0:05:15] Trustee Maude: meeting so I

[0:05:16] Trustee Morrison: guess so yeah um

[0:05:17] Trustee Maude: but you know if at the end do you want to do something or

[0:05:21] Trustee Maude: or you want to do something now no

[0:05:23] Trustee Morrison: I was just trying to think of what we can do in the interim

[0:05:25] Trustee Morrison: here

[0:05:26] Trustee Maude: um well do you want to move on to another application um um we have a couple before us

[0:05:38] Voice 8: I was just able to get a hold of Marianne because I had spoken with her earlier today

[0:05:43] Voice 8: Yeah. And she said she's having technical difficulties. She said she doesn't have anything to add at this time.

[0:05:49] Trustee Maude: Okay. Great. All right. Well, we apologize for the inability to directly communicate, but appreciate the message. Thank you.

[0:05:58] Trustee Maude: All right. So let's move on to the application for us. So we have 7.1 on page 14.

[0:06:03] Trustee Maude: That's PL and DVP 2024-0350 Smith.

[0:06:09] Trustee Maude: We have a staff report

[0:06:11] Trustee Maude: and we have a planner who's come on the screen.

[0:06:14] Trustee Maude: So we'll hand it over to Patrick Bloucher.

[0:06:17] Voice 5: Thank you.

[0:06:19] Voice 5: So I guess I can just reiterate what I,

[0:06:23] Voice 5: just remind the LTC of the application

[0:06:25] Voice 5: from the previous meeting.

[0:06:26] Voice 5: It's the development variance permit

[0:06:29] Voice 5: to vary the maximum height and number of stories

[0:06:32] Voice 5: for an accessory building from the maximum of 4.6 meters and one story to be allowed as 8.61 meters

[0:06:41] Voice 5: and two stories for the existing agricultural building. Following the last meeting, there was

[0:06:48] Voice 5: no further action for staff, but we've included all of the correspondence in the amendment to the

[0:06:57] Voice 5: the staff report in the new agenda, which includes three letters of objecting to the

[0:07:04] Voice 5: proposed variance with concerns regarding the use of the building, the potential visual impacts,

[0:07:10] Voice 5: and noise impacts. And then following the local trust committee meeting, there was one letter of

[0:07:16] Voice 5: support received from a neighbor. If you have any other questions, more specific questions,

[0:07:23] Voice 5: so I can answer them.

[0:07:24] Trustee Maude: Okay, thank you. Is the

[0:07:27] Trustee Maude: applicant with us today?

[0:07:29] Voice 5: I've sent them the

[0:07:32] Voice 5: link. They should

[0:07:35] Voice 5: have access to the meeting. I don't know if they're in a waiting room or

[0:07:41] Voice 5: yeah, I don't

[0:07:42] Voice 5: see them here.

[0:07:44] Trustee Maude: All right, so we'll hand it over to trustees. Any comments on this?

[0:07:51] Trustee Morrison: Aaron, do you want to start?

[0:07:52] Voice 8: Sure. I think

[0:07:54] Voice 8: I think there's some concern definitely that was voiced at the meeting and has continued through the last couple of weeks of trying to sort of understand the objection that had come forward with the application.

[0:08:23] Voice 8: And I think for myself, what it sort of boils down to is that we've got a building that would not be allowed to be built the way that it is existing for the use that is being planned.

[0:08:47] Voice 8: So being if it if it was an accessory building on the property, it wouldn't be it wouldn't basically be built as a barn.

[0:09:00] Voice 8: And the concern being that in allowing it to be an over-height building, the impact of that on the neighboring lots is greater if it's allowed to be built out as a more residential accessory dwelling building.

[0:09:21] Voice 8: Um, and so for, for myself, um, I think, you know, losing an old, an old barn is a shame

[0:09:32] Voice 8: and nobody wants to see that on their property.

[0:09:35] Voice 8: I have salvaged a number of structures off of fender that people were going to just end

[0:09:42] Voice 8: up taking down because it didn't either work or fit in their, their plan anymore.

[0:09:47] Voice 8: And so I am, I don't want to see a building like this taken down, but I also understand that there are the concerns of the impact that an over height building poses to the neighboring properties.

[0:10:04] Voice 8: so i i don't know if you deb want to want to share your thoughts and concerns on it and

[0:10:13] Voice 8: and i can sort of or i can say what i what i think uh i would be comfortable with as far

[0:10:22] Voice 8: as granting a variance but maybe you want to speak to it yourself first yeah

[0:10:28] Trustee Morrison: i have a few

[0:10:28] Trustee Morrison: questions for staff related to this file um the correspondence was super helpful to see the

[0:10:37] Trustee Morrison: specifics of where people were concerned so thanks for that um addition to the file and for those who

[0:10:43] Trustee Morrison: wrote in i think that um this is the essence of the issue is that uh building this large wouldn't

[0:10:51] Trustee Morrison: have been approved with you know windows that could shed light towards neighbors and stuff like

[0:10:56] Trustee Morrison: like this. This is literally the sort of challenge that we're having in a different property where

[0:11:01] Trustee Morrison: the building was built and did do all those things that we don't like. And there's a lot of,

[0:11:06] Trustee Morrison: you know, frustration about that. So this is why the regulation is the way it is,

[0:11:12] Trustee Morrison: is to try and restrict that. So the questions I have for staff really are around

[0:11:18] Trustee Morrison: form of the building because my understanding is that we can regulate size like height

[0:11:28] Trustee Morrison: basic size setbacks that kind of stuff but that we can't regulate things like paint color or

[0:11:38] Trustee Morrison: i'm not even sure if we can regulate where the windows so could i have some clarification on

[0:11:45] Trustee Morrison: like can we ask for a different site a different um sort of building plan and does the building

[0:11:51] Trustee Morrison: plan that was attached like with the windows and doors and stuff like that is that are they

[0:11:56] Trustee Morrison: held to that by our rules or is that a building like a crd rule that they're held to because if

[0:12:03] Trustee Morrison: we put if we say no we would like it so there's no windows across one side of the building can

[0:12:08] Trustee Morrison: can we do that? So those are my questions.

[0:12:12] Voice 5: Yeah. So because the plans are attached as

[0:12:18] Voice 5: and that they're included as the permit and that the development shall be consistent with those

[0:12:24] Voice 5: plans, the development or the construction needs to be substantially consistent with

[0:12:33] Voice 5: what is being shown on the plans so if you were to ask for more or for a change of plans

[0:12:41] Voice 5: that showed a different design uh i believe that would be possible if that was amended

[0:12:49] Voice 5: to or changed on the permit and

[0:12:53] Trustee Morrison: then um robert you look like you've been in the sun

[0:12:55] Trustee Morrison: um and then is sorry that was distracting for a moment um and then is it also um

[0:13:06] Trustee Morrison: am i so we can't control anything like paint color because i remember the south pender trustee

[0:13:10] Trustee Morrison: is trying to like name sort of like some just sort of form and style uh norms for a rural

[0:13:16] Trustee Morrison: character quote unquote but the i don't think that was allowed to some degree um robert do you

[0:13:21] Trustee Morrison: Yeah,

[0:13:21] Voice 7: that's correct. Yeah, you can't control design elements. But like Bruce said, the applicants have submitted these plans with the elevations shown. And so because you're granting a variance for over height building, they would be held to those plans, substantially held to those plans, not to every detail of every mullion in the window, but substantially consistent with those plans.

[0:13:51] Voice 7: if you felt that, you know, there were too many windows, for example, you could communicate that

[0:13:58] Voice 7: to the applicant, sounds like via us, because they're not here, and see if they'd be amenable

[0:14:05] Voice 7: to changing the elevation drawings to have, you know, fewer windows, and then that would be,

[0:14:12] Voice 7: you know, you could consider approving the variance with a different set of elevation

[0:14:16] Voice 7: plans attached to the permit, elevation drawings attached to the permit.

[0:14:19] Voice 7: and

[0:14:20] Trustee Morrison: would that also be true for the external lighting location of external lighting

[0:14:25] Voice 7: i don't know is there even lighting shown on these plans i don't think so

[0:14:31] Voice 7: yeah yeah and

[0:14:33] Planner: and should it typically there isn't so i don't think that's something that we would want to

[0:14:36] Planner: start to versus like uh i mean the windows themselves are actually in the over height

[0:14:42] Planner: area so that whole second story is technically uh in the legal non-conforming zone

[0:14:49] Planner: own in a sense so yeah and right now they could put lighting and windows wherever they want is a

[0:14:56] Planner: key is a key aspect as an agricultural building they couldn't be doing anything in it unless it

[0:15:02] Planner: was agricultural in nature for their for their farm use and i've worked through the kind of the

[0:15:10] Planner: definitions with trustee campbell this morning and like you know farm use is further defined by

[0:15:17] Planner: by what the ALC defines as farm use.

[0:15:19] Planner: And you have to kind of follow the leads,

[0:15:21] Planner: but it's pretty well defined what is a farm use.

[0:15:26] Planner: So, but in this case,

[0:15:30] Planner: like if the building wasn't over height,

[0:15:34] Planner: all those uses are allowed.

[0:15:35] Planner: So then, so you're in a sense,

[0:15:40] Planner: enabling the uses in this structure

[0:15:43] Planner: by allowing an over height building

[0:15:44] Planner: becoming an accessory structure.

[0:15:46] Planner: you're not creating a new use that they couldn't do you know they could level this structure and

[0:15:51] Planner: build a new one that's at height and do all of these things for

[0:15:55] Trustee Morrison: sure yeah they could do yeah

[0:15:57] Trustee Morrison: but then it would be a lower building and you wouldn't have windows in that upper absolutely

[0:16:01] Planner: yeah 100 yeah

[0:16:03] Trustee Morrison: i i really appreciated the um various emails and the one in particular that

[0:16:09] Trustee Morrison: gave a suggestion about eliminating windows that are facing the neighboring properties on the

[0:16:17] Trustee Morrison: second story because that seems to be a good solution for some of the concerns that for many

[0:16:26] Trustee Morrison: of the concerns that I see the neighbors having so that would be one ask that I'd want to see

[0:16:31] Trustee Morrison: and I don't exactly know how to get to that whether that's just saying you know come back

[0:16:37] Trustee Morrison: with another set of plans that like match that view um

[0:16:42] Voice 8: yeah that

[0:16:43] Voice 8: had kind of been that was

[0:16:45] Voice 8: exactly where i was going to go with it that you know basically having been able to talk to brad

[0:16:53] Voice 8: this morning a little bit and kind of flesh it out in my own mind the thought was um to say that

[0:17:00] Voice 8: but I am in support of granting the variance

[0:17:04] Voice 8: if the north-facing second-story windows are removed.

[0:17:09] Voice 11: The

[0:17:10] Voice 8: north elevation, sorry, windows are removed,

[0:17:14] Voice 8: and I think it's three windows that are there,

[0:17:17] Voice 8: two sort of larger windows, and then one smaller up top.

[0:17:24] Voice 8: And that was sort of where the concerns that I had heard

[0:17:29] Voice 8: and and the sort of trying to act in a certain amount of reasonableness to to what the ask was

[0:17:40] Voice 8: that that would be um I'd be comfortable with that so yeah

[0:17:47] Trustee Morrison: I think I would um sorry I'm just

[0:17:50] Trustee Morrison: trying to find the plans again in the document for some reason I why I have them not here oh

[0:17:55] Trustee Morrison: Oh, here we go. Um, yeah. So I, I would say, you know, removal of North facing second story

[0:18:04] Trustee Morrison: windows or openings, um, would be high on my list. I also think that there's a good point made.

[0:18:11] Trustee Morrison: I don't see, oh yeah, there, I don't see that there is a, sorry, there's just a lot of different

[0:18:19] Trustee Morrison: here we go um north elevation yeah because there's it's just windows on the sec you know

[0:18:28] Trustee Morrison: so the other thing that seems to have happened is they removed a bunch of the vegetation that

[0:18:33] Trustee Morrison: had been there on the north side of the building so that's also causing some

[0:18:41] Trustee Morrison: frustration to some degree because the building was more blocked before so even as a barn building

[0:18:47] Trustee Morrison: but they were allowed to put it there as barn building even with windows so i mean it's hard

[0:18:52] Trustee Morrison: for us to say you can't have the bottom story windows north facing i would suggest that it's

[0:18:58] Trustee Morrison: going to make the neighbors a lot happy if they took all the openings on the north side off the

[0:19:02] Trustee Morrison: building there's no real reason to have north facing windows frankly it's north it's north

[0:19:09] Trustee Morrison: just have them in other directions so that would be my recommendation is that they come back to

[0:19:18] Trustee Morrison: us with plans that don't have north facing window openings because that's one of the big asks

[0:19:24] Trustee Morrison: because we can't control anything about their lighting we can't control anything about

[0:19:29] Trustee Morrison: you know and hopefully they work with their neighbors instead of against their neighbors

[0:19:33] Trustee Morrison: on those issues um but they could do that on the building as it stands right now so we can't really

[0:19:40] Trustee Morrison: control that so

[0:19:43] Trustee Maude: question for our planning brain trust seeing though we have everybody in the room

[0:19:48] Trustee Maude: Um, um, can this, um, uh, variance be approved with, uh, the trustees naming that the North

[0:19:57] Trustee Maude: wall windows are removed or, or do they, do they have to resubmit with a new set of drawings?

[0:20:05] Voice 7: So yeah, chair, I would, I would recommend that, uh, you ask us staff to communicate

[0:20:10] Voice 7: this back to the applicants and ask them to come back, um, with the revised plan.

[0:20:17] Voice 7: and then you can have a look at it

[0:20:19] Voice 7: and see if that meets your expectations

[0:20:21] Voice 7: and just defer an actual resolution on this variance

[0:20:26] Voice 7: until such time as you have the revised drawings in front of you,

[0:20:30] Voice 7: assuming the applicants are willing to consider that.

[0:20:33] Trustee Maude: Is there a need for a motion to that effect

[0:20:35] Trustee Maude: or will staff just communicate that?

[0:20:38] Voice 7: A motion would be good.

[0:20:39] Voice 7: Then we can communicate that motion to the applicants.

[0:20:43] Voice 7: Thanks.

[0:20:43] Voice 7: All right.

[0:20:44] Trustee Maude: We'll turn it back to the trustees.

[0:20:46] Trustee Maude: these it it sounds like that's the road forward based on your comments so if somebody want to

[0:20:51] Trustee Maude: make a motion to that effect um

[0:20:52] Trustee Morrison: maybe just one other like a couple other things to discuss before

[0:20:55] Trustee Morrison: we do motions so one is that um i i do think we need to somehow communicate to the neighbors as

[0:21:05] Trustee Morrison: well like to some of this writing or to respond to some of this writing a little bit because there

[0:21:09] Trustee Morrison: are things that we can't control that have been asked for so like uh one of the things stated

[0:21:15] Trustee Morrison: here is that ask that the terms of variance require that the exterior colors of the building

[0:21:19] Trustee Morrison: be restricted to natural palette we should respond to that because otherwise it just seems like we

[0:21:25] Trustee Morrison: didn't care right

[0:21:27] Voice 8: i have had pretty fairly thorough conversations um with the neighbors

[0:21:39] Voice 8: um sort of going over what is sort of reasonable and not reasonable to

[0:21:45] Voice 8: um expect because there was some you know there

[0:21:53] Voice 8: there are there there are definitely other issues

[0:21:58] Voice 8: that probably do need to be addressed but they aren't in our jurisdiction to get like we can't

[0:22:11] Voice 8: be making a decision based on their interpersonal difficulties so um i think that they're aware that

[0:22:24] Voice 8: the ask is is not necessarily reasonable uh for all for everything that was put out there but

[0:22:32] Voice 8: um yeah through

[0:22:36] Planner: the chair i think the change you're asking with getting rid of the windows

[0:22:41] Planner: on the north side is a pretty significant ask in itself so it does demonstrate to the neighbors

[0:22:48] Planner: that you're hearing their concerns and it may be that they don't even want to proceed if they have

[0:22:53] Planner: to take out all those windows because that north side does potentially enable the viewscape which

[0:23:00] Planner: is why the trees are being removed between the properties in the first place okay

[0:23:06] Trustee Morrison: so why do you

[0:23:07] Trustee Morrison: need to oh because there is an office oh

[0:23:10] Planner: they're trying to get a nice view from their

[0:23:13] Planner: studio accessory you know it's a pretty big well laid out thought out building so it will get a lot

[0:23:20] Planner: of use yeah

[0:23:21] Trustee Morrison: an

[0:23:22] Planner: office and a shop and uh and you know all of those uses are permitted just not on

[0:23:32] Planner: a second story normally right

[0:23:35] Trustee Morrison: right yeah

[0:23:38] Voice 8: and that and I guess that in my mind was why the ask for

[0:23:43] Voice 8: the upper windows was sort of in keeping with it but that the bottom bottom windows would be allowed

[0:23:56] Voice 8: in a structure that wasn't over height so you can do what you want in your regular height but in the

[0:24:04] Voice 8: over height we'd like to see it restricted yeah

[0:24:10] Trustee Morrison: i understand that it makes sense to me

[0:24:13] Trustee Morrison: like in terms of you know what is allowed for that property you know like what would be allowed

[0:24:21] Trustee Morrison: if they wanted to just build a building that's an accessory building um non-agricultural accessory

[0:24:27] Trustee Morrison: building so you're thinking aaron that it would just be the upper windows on the north side

[0:24:34] Trustee Morrison: Well,

[0:24:34] Voice 8: that to me is sort of, you know, I was just trying to figure out where there was common ground.

[0:24:49] Voice 8: The over height aspect of it seems to be the issue.

[0:24:57] Voice 8: And the fact that there's going to be more windows and lights on that side of the building facing them.

[0:25:04] Voice 8: And the pieces that are abnormal or are extra are the ones on the second story.

[0:25:13] Voice 8: So I think it still allows.

[0:25:16] Voice 8: I know it says that it's a shop space down below.

[0:25:22] Voice 8: And I think a bathroom, which I think a bathroom has to have a window out of it.

[0:25:31] Voice 8: I don't know.

[0:25:32] Trustee Morrison: but

[0:25:36] Voice 8: there's some i'm like i'm not sure if any of this has been obviously it hasn't been considered

[0:25:42] Voice 8: through building code yet either all

[0:25:51] Trustee Morrison: right um yeah because to me it looks if i'm reading this

[0:25:58] Trustee Morrison: right i'm trying to find the north the compass on the page 31 i can't i'm assuming that north is

[0:26:08] Trustee Morrison: top page

[0:26:11] Trustee Morrison: speaks to the

[0:26:13] Planner: elevations on the planet so so north elevation would be the

[0:26:16] Planner: the view from the north aspect yeah

[0:26:20] Trustee Morrison: and i

[0:26:21] Voice 8: was able to confirm today that it is

[0:26:26] Voice 8: the north elevation that seems to be the elevation of concern for the neighbors

[0:26:31] Voice 8: so that was sort of what i was going with on in in coming up with it in my mind was

[0:26:40] Voice 8: looking at the north elevation that top set of windows it's three windows across the top

[0:26:46] Voice 8: and asking that those be removed and

[0:26:54] Planner: they do have the same windows on the other side so

[0:26:57] Planner: they still it's not like they're losing all of their light space in their large upstairs open

[0:27:04] Planner: open area. Um, and I just, in, in my view, I think that's a reasonable balance in consideration that

[0:27:16] Planner: this building exists and then they're trying to create, you know, a functional use out of it when

[0:27:22] Planner: they're not agriculturalists rather than, you know, go through all the effort and land clearing

[0:27:27] Planner: and everything else that's tied to building a new building um so in my view i think that's a

[0:27:37] Planner: reasonable approach to restrict the north it's going to make them both equally a little unhappy

[0:27:44] Planner: which is probably right in right where you

[0:27:46] Planner: want to land yeah

[0:27:48] Trustee Morrison: it's unfortunate for everyone but

[0:27:50] Trustee Morrison: yeah it'd

[0:27:52] Planner: be a little flippant of course but that's that's my view not to jump in front of

[0:27:58] Planner: first but yeah i can

[0:28:01] Planner: speak as well yeah

[0:28:03] Trustee Morrison: i mean it seems rational to take out the upper north side

[0:28:07] Trustee Morrison: based on everything that's been said here so from what you said robert it sounds like

[0:28:14] Trustee Morrison: the move is that we can we make a motion to communicate that and then they come back with a

[0:28:22] Trustee Morrison: revised plan without those upper windows and go from there

[0:28:27] Voice 7: yeah yeah thanks through the chair um

[0:28:30] Voice 7: That would be my recommendation because then you have, they have a designer, right? So the designer could revise the, at least the elevation drawings. They might want to make other changes to compensate, maintain consistency with any building code requirements, and then come back with a revised plan.

[0:28:48] Voice 7: plan um so would be best to have a resolution that we could pass on to the owner and applicant

[0:28:56] Voice 7: um expressing the um desires of the local trust committee and then um bring it back so you can

[0:29:04] Voice 7: have a look at it

[0:29:05] Trustee Morrison: okay so can i try to make the motion on the fly we

[0:29:12] Trustee Maude: have the best minute taker

[0:29:13] Trustee Maude: out there so she's been impressed the heck out of me last couple of weeks so go for it all right

[0:29:20] Trustee Morrison: All right, Lisa. So, then it would be something like the North Pender Local Trust Committee asks direct staff.

[0:29:34] Trustee Morrison: It seems like this is too many steps because it's like direct staff to inform applicant. Is that what it is?

[0:29:44] Trustee Morrison: You

[0:29:44] Voice 7: can just ask the applicant directly through the resolution and then we would pass it on to them.

[0:29:50] Trustee Morrison: Okay, so the North Pender Island Local Trust Committee asks the applicant to remove north-facing...

[0:30:00] Trustee Morrison: upper story openings from their application

[0:30:06] Voice 9: application

[0:30:07] Trustee Morrison: and then i think we should put

[0:30:10] Trustee Morrison: the application number which i can't in the multiple pages here locate right away sorry

[0:30:17] Trustee Morrison: is that what we need it's

[0:30:22] Voice 8: p l dvp two zero two five zero three five zero it's two four of mine

[0:30:35] Voice 8: Oh, well, I don't know.

[0:30:39] Voice 8: I'm just reading it off of the page in the agenda.

[0:30:42] Voice 8: This is true.

[0:30:43] Trustee Maude: Can we just confirm?

[0:30:47] Trustee Maude: Yes.

[0:30:48] Trustee Maude: The report says 2024, but the recommendation says 2025.

[0:30:52] Voice 5: That's right.

[0:30:53] Voice 5: It should be 2024.

[0:30:56] Trustee Maude: Okay.

[0:30:59] Trustee Morrison: Okay, Lisa, can I get you to read that back?

[0:31:01] Trustee Morrison: Sorry.

[0:31:03] Voice 4: Yes.

[0:31:04] Voice 4: Through the chair, the North Pender Island Local Trust Committee requests the

[0:31:08] Voice 4: applicant to remove north facing upper story openings from application pl dvp two zero two

[0:31:16] Voice 4: four zero three five zero and

[0:31:19] Trustee Morrison: then bruce will assume that you'll communicate to them to resubmit

[0:31:23] Trustee Morrison: plans to such because we want to make sure those plans are attached to the permit okay

[0:31:30] Trustee Morrison: i've added that

[0:31:31] Planner: to the follow-up action list for

[0:31:34] Trustee Morrison: planning to do

[0:31:35] Planner: that thank you

[0:31:36] Trustee Morrison: anything else before we move that motion or is that good enough anything else Aaron that you

[0:31:45] Trustee Morrison: read in the correspondence that we have control over there was a bunch of stuff in there that I

[0:31:50] Trustee Morrison: thought was great ideas and would really the applicant to do and can think about in good

[0:31:55] Trustee Morrison: faith with their neighbors but it's not stuff that we have control over yeah

[0:32:00] Voice 8: no there is that

[0:32:01] Voice 8: was really the the concerns that I could see that we can control so I

[0:32:06] Planner: would say there's some gray

[0:32:07] Planner: area over how much you can control with form and character in that area that you are approving in

[0:32:13] Planner: a sense above but you're easier to stick to like big structural things like the windows that are

[0:32:20] Planner: shown in typical plants once you start dabbling in too much on the drawing yeah so i would that

[0:32:31] Planner: would be just a better way to shape that thought yeah

[0:32:35] Trustee Morrison: that that's good and you know there is a lot

[0:32:38] Trustee Morrison: larger lighting issue that we need to deal with across the islands trust is that i think it's a

[0:32:44] Trustee Morrison: different it's a broad issue i would hope that these landowners just accept that hey we don't

[0:32:50] Trustee Morrison: like bright lights in the middle of the night so um we should work on that at some point okay

[0:32:59] Trustee Morrison: i think i'm good to move that if you're good to second it i

[0:33:05] Trustee Maude: have seconded okay any further

[0:33:07] Trustee Maude: the discussion call the question all in favor and that carries and

[0:33:14] Trustee Morrison: maybe bruce when you're

[0:33:15] Trustee Morrison: communicating with them can you like thank them too for their like iterations on this i know it's

[0:33:21] Trustee Morrison: probably annoying for them but we appreciate them working with us and with the community

[0:33:25] Trustee Morrison: yep

[0:33:26] Voice 5: i can do that well

[0:33:29] Trustee Maude: thank you very much we'll look forward to seeing this perhaps the next

[0:33:33] Trustee Maude: meeting and we can get her done all right so our next application on page number 34 is pl dp 2025

[0:33:44] Trustee Maude: zero one four one kane um and

[0:33:49] Voice 9: is that you planner smith it

[0:33:52] Planner: is yeah just a sec just let me jump to

[0:33:57] Planner: that window there and we do have the uh the applicant the owner as well as the uh lena

[0:34:05] Planner: Tina, the RP Bio, who's working on this file.

[0:34:10] Planner: And it's on page 34.

[0:34:13] Planner: So this is a development permit application

[0:34:16] Planner: within the development permit area 2,

[0:34:19] Planner: intertidal, a sensitive ecosystem for the subject property,

[0:34:22] Planner: located at 37149 Schooner Way.

[0:34:27] Planner: The proposal is for the implementation

[0:34:31] Planner: of bioengineering and willow wattle plantings

[0:34:36] Planner: along the eroding slope on the foreshore of the property.

[0:34:44] Planner: The staff report before you lays out pretty clear detail,

[0:34:49] Planner: the different plans that are proposed for the work

[0:34:52] Planner: involving the Whittle-Waterlands installation

[0:34:57] Planner: as well as dune grass plantings and anchoring of logs

[0:35:02] Planner: along the front end of the property.

[0:35:04] Planner: Some portion of that within the intertidal zone or the DPA-2 zone, which is shown on page 36 of your staff report.

[0:35:14] Planner: You have a detailed prescription plan there.

[0:35:18] Planner: Applicant is here to field any specific questions you have on that.

[0:35:22] Planner: that. It's been developed by the RP Bio, geotechnical engineers, as well as the bioengineering

[0:35:33] Planner: expert, David Polster's son, who has a long history of doing these really neat willow

[0:35:42] Planner: wattle projects. So the policies of the DP are laid out there. The work is all consistent.

[0:35:52] Planner: It's a really soft green shores approach, which is always positive, and the DP is attached for your consideration.

[0:36:04] Planner: They are trying to fast action this permit, and that's why they appreciate you considering this today, so that they can get work started as soon as possible within the window prior to fisheries work windows being implemented that make it far more complicated to do the necessary work from the barge along the shoreline.

[0:36:30] Planner: so uh with that chair i will pass it back to you and uh to the ltc for any questions you have for

[0:36:40] Planner: me or the applicants thank you thank

[0:36:43] Trustee Maude: you very much so trustees over to you questions comments

[0:36:46] Trustee Maude: concerns maybe

[0:36:48] Trustee Morrison: i'll start in on this one if it's okay yeah um so i really like this permit like i

[0:36:55] Trustee Morrison: I really think it's cool what they're trying to do here.

[0:36:58] Trustee Morrison: Is it the June 1st date that they're trying to hit for the work window,

[0:37:03] Trustee Morrison: like to get in there before June 1st?

[0:37:04] Trustee Morrison: Because the one question I had was about the whale sanctuary zone

[0:37:08] Trustee Morrison: and just access into there for moving across the zone with a motorized vehicle.

[0:37:14] Trustee Morrison: I think I saw something in there about it that they know that there's those boating restrictions,

[0:37:19] Trustee Morrison: and I think it was June 1st.

[0:37:21] Trustee Morrison: Is that what you mean, Steph, Brad?

[0:37:25] Trustee Morrison: staff bread that sounds weird planner bread uh

[0:37:29] Planner: the fisheries work window uh starts june 1st so

[0:37:33] Planner: they're hoping to get started within the next three weeks so staff will fast track the permit

[0:37:39] Planner: approval uh but i can let the applicants and uh the rp bio speak more to the to those considerations

[0:37:47] Planner: would probably be helpful as well all

[0:37:52] Voice 9: right is it okay if i jump in

[0:37:55] Voice 9: absolutely um

[0:37:56] Voice 1: yes so

[0:37:57] Voice 1: So the usual window for constructing is July 1st to October 1st, but because of the interim whale sanctuary, we reached out to DFO and through the project review process with them, they've agreed, provided we do the forage fish survey sampling, which we would do any time of year anyways, but provided that is done and it's clear we can proceed with the work prior to the July 1st window,

[0:38:24] Voice 1: which is the fisheries window, so that we can be done before June 1st, before the interim whale

[0:38:30] Voice 1: sanctuary restrictions come in. So yeah, the goal is, provided tides, weather, everything

[0:38:36] Voice 1: cooperates with us, is to get it done before June 1st.

[0:38:39] Trustee Morrison: Yeah. That

[0:38:40] Voice 1: will also give us a full

[0:38:42] Voice 1: growing season of the willow wattles, which will give an advantage coming into next winter as well.

[0:38:47] Trustee Morrison: Yeah, no, this looks good, and thanks for, it's a complicated thing to do what you're doing, so

[0:38:54] Trustee Morrison: thanks for this yeah i

[0:38:56] Trustee Morrison: know so i'm good with that that was the one thing i noticed but yeah

[0:39:01] Trustee Maude: okay trustee campbell um i

[0:39:04] Voice 8: thought it was really cool like i want to maybe go down and see it

[0:39:09] Voice 8: while it's happening and see what's getting put together at um the only real

[0:39:14] Voice 11: thing

[0:39:16] Voice 8: that i know

[0:39:17] Voice 8: i noticed that there was talk about possibly needing to have an archaeologist um involved

[0:39:24] Voice 8: And I just was curious, and maybe it's more like on our process side of it and not necessarily applicable to this specific application, but

[0:39:35] Voice 11: why

[0:39:36] Voice 8: there wouldn't be an Indigenous consultation necessarily in an application like this?

[0:39:45] Voice 8: because it is foreshore and boat nook yeah i just i was just curious on how that sort of works

[0:39:55] Voice 8: because i know it's come into a lot of other applications where we've they've had to go

[0:40:01] Voice 8: for consultation before approval and how that works with something like this through the chair

[0:40:10] Planner: it's a really good question uh so we don't do we don't send out dps for referrals typically

[0:40:17] Planner: or development variance permits.

[0:40:19] Planner: Should we? Potentially, yes.

[0:40:22] Planner: And are we kind of, in a sense, obligated to as a local government

[0:40:27] Planner: who's a creature of all the other governments?

[0:40:30] Planner: Potentially, yes.

[0:40:32] Planner: But we don't typically.

[0:40:34] Planner: In this case, by them considering an archaeological permit,

[0:40:40] Planner: it takes away some of that concern by at least if that agency

[0:40:46] Planner: see. That doesn't mean that there

[0:40:50] Planner: wouldn't be other First Nation concerns with what they're proposing to do

[0:40:54] Planner: and that the lack of

[0:40:58] Planner: our system to send out those referrals, it's really more

[0:41:02] Planner: tied to capacity than anything else.

[0:41:07] Planner: But that's certainly the kind of thing that you could ask more

[0:41:10] Planner: information around if there's something really specific to the

[0:41:14] Planner: the application with respect to First Nation concern.

[0:41:19] Planner: I would let the applicant speak to if they've considered the archaeological

[0:41:22] Planner: aspect. Maybe we can turn it back to Elena again

[0:41:26] Planner: on that. So chair,

[0:41:28] Voice 7: just before Elena, if I could

[0:41:30] Voice 7: chair. Yeah, any application we review it for

[0:41:34] Voice 7: known archaeological sites. And if there were registered or

[0:41:38] Voice 7: archaeological site, we would alert the

[0:41:42] Voice 7: applicant to that and explain to them their obligations um in any application we provide

[0:41:48] Voice 7: them with information on what to do if they come across any heritage cultural heritage or

[0:41:54] Voice 7: archaeological um features when the work is underway it's like an unregistered or on the

[0:42:00] Voice 7: recorded uh features so all applicants are aware of their obligations um under the heritage act

[0:42:08] Planner: In this case, there was potential identified on the parcel, including on the foreshore.

[0:42:14] Planner: Yeah, go ahead, Nina.

[0:42:16] Planner: Sorry.

[0:42:20] Voice 1: Lee, welcome to jump in, if you'd like.

[0:42:24] Voice 3: I don't know if you can hear me or see me.

[0:42:26] Voice 3: I'm not very good at this technological stuff.

[0:42:28] Voice 3: We can hear you.

[0:42:30] Voice 3: Can you?

[0:42:31] Trustee Maude: Absolutely.

[0:42:32] Voice 3: You can hear me?

[0:42:34] Trustee Maude: We can hear you.

[0:42:35] Voice 3: Okay, perfect.

[0:42:37] Voice 3: All right.

[0:42:38] Voice 3: I just talked to Don.

[0:42:40] Voice 3: he's traveling and he did forward the application for the archaeological permit i don't know if you

[0:42:46] Voice 3: saw that lena so what more do would you like yeah

[0:42:50] Voice 1: it was it's uh not a permit um but uh sent in the

[0:42:55] Voice 1: request to the bc archaeological branch for the archaeological

[0:43:00] Voice 1: information so we don't uh they

[0:43:02] Voice 1: haven't we haven't received the response yet but the request

[0:43:05] Voice 1: has been made yeah

[0:43:06] Voice 3: okay okay so is

[0:43:08] Voice 3: is there anything else that i can do from my end for you to help you out here for

[0:43:14] Trustee Morrison: us as trustees

[0:43:15] Trustee Morrison: um this this is a little bit of a different question it's not i don't know that it i know

[0:43:22] Trustee Morrison: it's an interesting question so and it's not like this is the dilemma that we have because we've

[0:43:31] Trustee Morrison: been trying to clarify what are our obligations under dripa both sort of

[0:43:35] Trustee Morrison: legally and ethically

[0:43:37] Trustee Morrison: so like around indigenous rights in the islands trust area okay and

[0:43:43] Trustee Morrison: you know it's it's a very

[0:43:46] Trustee Morrison: gray area until the province actually gets some clarity which they haven't in like four

[0:43:52] Trustee Morrison: years now

[0:43:53] Voice 3: yes i understand yeah

[0:43:55] Trustee Morrison: so um trustee campbell i guess like and and trustee mod i'd like to

[0:44:00] Trustee Morrison: to maybe staff too, like, I'd like,

[0:44:04] Trustee Morrison: cause my understanding from our briefings at trust council is that we

[0:44:08] Trustee Morrison: actually don't have the same kinds of obligations that the province has

[0:44:15] Trustee Morrison: like, and I'm just unclear.

[0:44:17] Planner: Okay. Okay.

[0:44:20] Planner: Through the chair. Certainly the,

[0:44:23] Planner: the obligation to consult currently currently rests with the federal and

[0:44:29] Planner: provincial governments not local government but court cases more and more are are are creating

[0:44:37] Planner: obligations for local governments to to follow those same principles and and and processes so

[0:44:44] Planner: that's that's where the the system of law is changing that uh i think though in this case

[0:44:53] Planner: hearing that they've applied for that permit and that from an archaeological perspective that is

[0:44:57] Planner: is where the main concerns would be for a First

[0:44:59] Planner: Nation, I think, in this area. And also

[0:45:01] Planner: that in this case, you're talking about

[0:45:04] Planner: the most green

[0:45:05] Planner: shore. I express

[0:45:07] Planner: some concerns, and the engineers

[0:45:09] Planner: have reviewed it, and they're comfortable

[0:45:11] Planner: with it. But whether they're doing

[0:45:13] Planner: enough, like big anchor

[0:45:16] Planner: bolstering,

[0:45:18] Planner: so the willow

[0:45:19] Planner: waddling is probably the best way to

[0:45:21] Planner: protect the foreshore, versus it's just going to

[0:45:23] Planner: disappear if they leave it. And

[0:45:25] Voice 3: so if anything

[0:45:25] Voice 3: was

[0:45:25] Planner: to be protected there,

[0:45:27] Planner: what they're doing there is probably the best way to protect it.

[0:45:30] Voice 3: Right. I guess,

[0:45:31] Voice 3: I guess the only concern that jumps into my mind is this June 1st is getting

[0:45:35] Voice 3: close.

[0:45:35] Voice 3: Yeah.

[0:45:36] Voice 3: And so this is a stupid question, but are,

[0:45:41] Voice 3: are there designated sort of maps or areas that show archaeological

[0:45:48] Voice 3: artifacts? And are we within them? Or is this just starting from scratch?

[0:45:52] Voice 3: We're going to have a look around.

[0:45:53] Voice 3: Is this going to take away from our June 1st start?

[0:45:57] Voice 3: that's my question I

[0:46:00] Planner: can speak to that chair okay so just to clarify we're not the agency

[0:46:05] Planner: that would issue an archaeological permit that would be the BC archaeological branch and so we

[0:46:11] Planner: are only the avenue of informing you as the applicant and the professionals that that should

[0:46:18] Planner: be considered before you before you go dig there but it's not our jurisdiction to decide if that

[0:46:26] Planner: a permit is issued or if you need a permit before you do the work or if in many cases

[0:46:35] Planner: you can start work and if you run into but they need to do that evaluation and

[0:46:43] Planner: and in terms of mapping there are registered archaeological sites that are known and

[0:46:51] Planner: and registered by the province.

[0:46:54] Planner: But there's also a data layer that we have

[0:46:57] Planner: that shows archeological potential

[0:46:59] Planner: that is a restricted data set that,

[0:47:02] Planner: and I would say that practically anywhere within a bay

[0:47:06] Planner: in the Gulf Islands has archeological potential

[0:47:10] Planner: for First Nations use as the reality.

[0:47:12] Planner: So that's where most of the potential shows up

[0:47:15] Planner: all along those coastal areas where.

[0:47:17] Voice 3: Okay, thank you for that clarification.

[0:47:19] Voice 3: clarification this is all brand new to me yeah so

[0:47:22] Planner: you may want to even try to speak with them

[0:47:25] Planner: if you're trying to do this quickly yeah give them a

[0:47:29] Voice 3: call give the archaeological people the call

[0:47:32] Voice 3: and follow up on the application is that what you mean yeah

[0:47:37] Planner: and speak to your urgency as to get at

[0:47:39] Planner: least understanding if you're going to need a permit or if you

[0:47:42] Planner: can carry on work uh and uh with

[0:47:46] Planner: with the caveat that they provide that if you encounter any archaeological material,

[0:47:55] Planner: you must then stop work and seek a permit or seek a professional.

[0:47:59] Planner: But sometimes they

[0:48:00] Planner: require you to have an archaeological professional

[0:48:04] Planner: go review the site before you do your work.

[0:48:08] Voice 3: Okay, okay.

[0:48:10] Voice 3: So we just, all right, we'll just cross the T's, dot the I's,

[0:48:15] Voice 3: and make a phone call and hope that uh that we're good yeah

[0:48:19] Trustee Morrison: and i definitely would give him a phone

[0:48:21] Trustee Morrison: call and because you know you never know how how backlogged things are so that's

[0:48:28] Voice 3: right that's right

[0:48:28] Voice 3: and then would you i mean you you've mentioned that you know start the work and then if something

[0:48:33] Voice 3: comes up then we deal it is that what you would recommend uh

[0:48:38] Planner: we like like i said uh we're not the

[0:48:42] Planner: The authority who would make that decision,

[0:48:44] Planner: it would be the provincial archaeological branch

[0:48:47] Planner: that would say you

[0:48:49] Planner: can do this.

[0:48:49] Planner: It's a different authorization in a sense

[0:48:52] Planner: that you need to consider.

[0:48:53] Planner: So we're only

[0:48:54] Planner: giving you guidance.

[0:48:58] Planner: Realistically, you probably should have submitted

[0:49:00] Planner: at least or considered that prior to this,

[0:49:04] Planner: prior to

[0:49:05] Planner: this late date.

[0:49:06] Planner: But that's a different conversation

[0:49:08] Planner: than the one we're having around the development permit.

[0:49:11] Voice 3: Yeah.

[0:49:11] Voice 3: Okay.

[0:49:12] Trustee Morrison: so so just to be super clear if we go ahead and approve this permit today this is a permit for

[0:49:18] Trustee Morrison: doing the work in the green shores way to go ahead with all the things you said it isn't a

[0:49:22] Trustee Morrison: green light in terms of the archaeology branch you'd still need a green light in terms of the

[0:49:26] Trustee Morrison: archaeology branch because if you come up against something um and our permit our stuff has shown

[0:49:32] Trustee Morrison: that you are in a concerned area so we would advise you to go see the archaeological branch

[0:49:38] Trustee Morrison: ranch and if you haven't then it's a problem it becomes a problem okay

[0:49:42] Voice 3: okay yeah okay we'll do

[0:49:45] Voice 3: that um

[0:49:46] Trustee Morrison: i just want to make sure trustee campbell can hear us oh no

[0:49:55] Trustee Morrison: i feel like we've lost trustee

[0:49:58] Trustee Morrison: campbell here okay if we can just pause

[0:50:04] Trustee Morrison: for a moment see if we can get him back so trustee

[0:50:08] Trustee Maude: campbell you're showing us being muted so if you're trying to speak no

[0:50:12] Voice 8: i did mute myself the

[0:50:14] Voice 8: The problem is that I'm breaking up every 30 seconds.

[0:50:18] Trustee Morrison: Oh, yeah.

[0:50:19] Trustee Maude: Yeah, okay.

[0:50:22] Trustee Maude: I guess if you have any questions,

[0:50:25] Trustee Maude: maybe throw it in the chat, then if you can't speak.

[0:50:28] Trustee Maude: Nope.

[0:50:29] Trustee Maude: Oh, I'm just saying if you wanna put it in the chat,

[0:50:34] Trustee Maude: if you have any questions.

[0:50:45] Trustee Morrison: Trustee Campbell, the dial-in instructions,

[0:50:49] Trustee Morrison: Lisa put the dial-in instructions at the top of our chat.

[0:50:52] Trustee Morrison: So if you want to try and dial in, then we can hear you.

[0:50:59] Trustee Morrison: Let's just give him a minute to see if you can come in that way.

[0:51:03] Trustee Maude: Technology is so challenging.

[0:51:08] Trustee Maude: My place at home, if I turn the video on, the whole Zoom thing crashes,

[0:51:15] Trustee Maude: which annoys people quite a bit.

[0:51:26] Trustee Morrison: Okay, so he just wanted to make sure we did consult.

[0:51:31] Trustee Morrison: So my understanding, and Brad,

[0:51:36] Trustee Morrison: I feel like I have a slightly different understanding.

[0:51:39] Trustee Morrison: so i'm a little bit unsure here so because one of the briefings that we had at trust council

[0:51:47] Trustee Morrison: basically said and maybe that is what you're saying like if if we're if we're saying if we're

[0:51:52] Trustee Morrison: ensuring that we've named that the consult with the heritage branch or the archaeology branch

[0:51:59] Trustee Morrison: whatever they're called is required if we're naming that as a need then we are doing our

[0:52:06] Trustee Morrison: our obligate we're meeting our obligation to ensure that the applicant goes or to name that

[0:52:12] Trustee Morrison: the applicant needs to do that is that what you're saying for like our right you've met your

[0:52:16] Planner: you've met your test of due diligence i think

[0:52:19] Trustee Morrison: okay which i think

[0:52:21] Trustee Morrison: is kind of what my understanding was

[0:52:23] Trustee Morrison: i felt like before we actually had more like obligation to actually have applicants reach out

[0:52:29] Trustee Morrison: to nations but that's not my understanding from the briefings more recently at trust council

[0:52:34] Trustee Morrison: And

[0:52:35] Planner: not with the nature of DPs as much as with a rezoning, which is a real change in use.

[0:52:43] Trustee Morrison: Right. Okay. So I'm okay if I can get some confirmation from Trustee Campbell that he's okay that we've met our due diligence in this case with respect to First Nations.

[0:52:54] Trustee Morrison: I'm okay to go ahead and approve what's been put here.

[0:52:58] Trustee Morrison: I think the work in terms of green choice is fabulous.

[0:53:01] Trustee Morrison: fabulous um so just make sure that the applicant goes ahead and does the archaeology piece um i

[0:53:09] Trustee Morrison: just have to get the sorry i'm flipping pages to pages on two different sets of documents

[0:53:17] Trustee Maude: yeah

[0:53:17] Trustee Morrison: i had two sets of um files up because there was a revision on one of the

[0:53:22] Trustee Morrison: I just got 31. Okay, page 34. Here we go. Okay. So, Trustee Campbell need to second

[0:53:46] Trustee Morrison: in the chat, I guess. I'm going to go ahead and move that the North Pender Island Local

[0:53:51] Trustee Morrison: Trust Committee approve issuance of Development Permit PLDP-2025-0141-Cain.

[0:54:00] Trustee Maude: Okay, seconded Trustee Campbell, you can raise your hand or put something in the chat for

[0:54:04] Trustee Maude: for seconding if that works for you.

[0:54:13] Voice 9: See you.

[0:54:22] Trustee Maude: Well, we lost Trustee Campbell.

[0:54:30] Voice 9: Can you hear me through my phone?

[0:54:32] Trustee Maude: We got you

[0:54:32] Voice 9: on the phone, there we go.

[0:54:34] Trustee Maude: Okay, so Trustee Morrison has moved the motion.

[0:54:37] Trustee Maude: Did you want to second it?

[0:54:39] Voice 8: Yes, please.

[0:54:40] Trustee Maude: So that's seconded by Trustee Campbell.

[0:54:42] Trustee Maude: So Trustee Campbell, we've lost you a bit.

[0:54:45] Trustee Maude: Did you have any additional questions?

[0:54:47] Voice 8: No, I didn't.

[0:54:48] Voice 8: My only real question,

[0:54:50] Voice 8: I thought that it was a very cool thing

[0:54:53] Voice 8: that they're going to do.

[0:54:54] Voice 8: And like I said, I'd love to go down and see it while the work's going on to see what's being put in.

[0:54:59] Voice 8: My only real question was around the consultation, and that sounds like it's been talked through, and we're good.

[0:55:09] Voice 8: So I'm good to go.

[0:55:11] Trustee Maude: Excellent. All right.

[0:55:12] Trustee Maude: So given that, we'll call the question.

[0:55:14] Trustee Maude: All in favor, raise your hands or say aye.

[0:55:18] Trustee Maude: Aye.

[0:55:19] Trustee Maude: Aye.

[0:55:22] Trustee Maude: We were at a Bowen meeting last week

[0:55:24] Trustee Maude: and everybody has to say aye

[0:55:26] Trustee Maude: if raising hands doesn't do it

[0:55:28] Trustee Maude: so we've embraced

[0:55:30] Trustee Maude: our cousin's

[0:55:32] Trustee Maude: Bowen Island so okay so that

[0:55:34] Trustee Maude: passes and

[0:55:36] Trustee Maude: certainly reflecting on this

[0:55:38] Trustee Maude: hopefully staff will be

[0:55:40] Trustee Maude: monitoring this

[0:55:41] Trustee Maude: and documenting this application because

[0:55:44] Trustee Maude: it might be a really

[0:55:46] Trustee Maude: good model to show applicants

[0:55:48] Trustee Maude: going forward you know um there are other ways of thinking that like certainly everybody's familiar

[0:55:55] Trustee Maude: with the green showers uh proposals but um seeing something like this in motion um on our local

[0:56:02] Trustee Maude: islands i think would be quite impactful to applicants so thank you very much for this and

[0:56:07] Trustee Maude: looking forward to monitoring the the project as it comes forward and

[0:56:11] Trustee Morrison: lee and and lena just as you

[0:56:14] Trustee Morrison: go forward with this project i'm sure you're already doing this but just really make your

[0:56:17] Trustee Morrison: neighbors aware before the barge comes in because every time we have a barge land on pender everyone

[0:56:22] Trustee Morrison: goes crazy so just we

[0:56:25] Voice 3: had a buoy put down when we first bought the property with a barge and yeah we

[0:56:30] Voice 3: had about 18 phone calls yeah

[0:56:32] Trustee Morrison: so do make sure people know what's going on just just be proactive

[0:56:36] Trustee Morrison: about it yeah

[0:56:37] Voice 3: definitely okay okay excellent thank you for your help thank

[0:56:42] Trustee Morrison: you all

[0:56:43] Voice 3: right bye

[0:56:44] Voice 3: All

[0:56:45] Trustee Maude: right.

[0:56:47] Trustee Maude: So that's it for applications.

[0:56:49] Trustee Maude: Planner Smith, there's any other business today?

[0:56:51] Planner: That's all, Chair.

[0:56:53] Trustee Maude: All right.

[0:56:53] Trustee Maude: So based on that, if trustees don't have anything else, we can look for adjournment.

[0:56:59] Trustee Morrison: I move to adjourn.

[0:57:00] Trustee Maude: All right.

[0:57:01] Trustee Maude: Well, thank you guys, everything.

[0:57:02] Trustee Maude: It's a beautiful day out there.

[0:57:04] Trustee Maude: Go out, enjoy the sunshine.

[0:57:06] Trustee Maude: Be happy.

[0:57:08] Trustee Maude: It's

[0:57:08] Planner: a wonderful place

[0:57:09] Trustee Maude: that we live in.

[0:57:09] Trustee Maude: We're very, very fortunate to be here.

[0:57:11] Planner: Thanks, everyone.

[0:57:12] Trustee Maude: Thanks, Lisa.

[0:57:13] Planner: thank you

[0:57:14] Trustee Maude: thank you all

[0:57:16] Trustee Maude: bye

North Pender Island Local Trust Committee 
Special Meeting 
May 5, 2025 ADOPTED Page 1 of 4 
 
North Pender Island Local Trust Committee 
Minutes of Special Meeting 
 
Date:  
Location:  
May 5, 2025 
Electronic Meeting 
 
Members Present: David Maude, Chair 
 Aaron Campbell, Local Trustee 
 Deb Morrison, Local Trustee  
  
Staff Present: Robert Kojima, Regional Planning Manager 
Brad Smith, Island Planner 
 Bruce Belcher, Planner 2 
 Lisa Millard, Meeting Administrator/Recorder 
  
Others Present: There were 5 members of the public present. 
 
1. CALL TO ORDER 
Chair Maude called the meeting to order at 2:00 p.m.  
2. TERRITORIAL ACKNOWLEDGEMENT 
Chair Maude acknowledged that the meeting was being held in territory of the Coast Salish 
First Nations. 
3. APPROVAL OF AGENDA 
By general consent, the agenda was approved as presented. 
4. TOWN HALL AND QUESTIONS  
 There were no public comments. 
5. MINUTES 
5.1 April 4, 2025 Local Trust Committee Minutes (for Adoption) 
By general consent the North Pender Island Local Trust committee meeting 
minutes of April 4, 2025 were adopted. 
5.2 April 12, 2025 Local Trust Committee Special Meeting Minutes (for Adoption) 
By general consent the North Pender Island Local Trust committee meeting 
minutes of April 12, 2025 were adopted. 
6. BUSINESS ITEMS – None 
  
ADOPTED 

 
North Pender Island Local Trust Committee 
Special Meeting 
May 5, 2025 ADOPTED Page 2 of 4 
7. APPLICATIONS AND REFERRALS 
7.1 PL-DVP-2024-0350 (Smith) - Staff Report 
Planner Belcher summarized the staff report and highlighted the following: 
• The Local Trust Committee considered the application during the April 4, 2025 
regular business meeting and the community requested further consultation 
• The application seeks a Development Variance Permit to vary the maximum 
height and number of storeys for the conversion of an agricultural building to an 
accessory building 
• The applicant wishes to save and repurpose the existing barn and use the 
building as a shop, office, and storage space 
• All correspondence received regarding the application has been provided for 
review and includes 3 letters objecting to the proposed variance and one letter 
in support 
 
Discussion ensued and the following comments were noted: 
• The building would not be allowed to be built the way it currently exists for the 
use that is being planned 
• Allowing an accessory dwelling building to be over height potentially results in 
greater impact to residents on neighbouring properties 
• The primary issues identified by neighbours are the building would not have 
been approved as an accessory structure, windows on the upper level could 
shed light toward neighbours, and the removal of vegetation on the north side of 
the building has resulted in the structure being more obvious 
• The building plans are included with the building permit; therefore, construction 
would need to be substantially consistent with the approved plans 
• The Local Trust Committee could request a change to the plans which might 
result in the requirement for the building permit to be updated 
• The Local Trust Committee has less  control over design elements such a paint 
color or external lighting than structural elements 
• The applicant could currently add windows to the extended height of the 
building but could only use the structure for agricultural purposes unless a 
variance is granted 
• Trustee Campbell spoke with residents on neighbouring properties and advised 
them what expectations might be considered as reasonable, and not 
reasonable, in relation to the Local Trust Committee’s jurisdiction 
• Windows would be allowed on the north face of the structure if the building was 
constructed within height allowances (ie. a single storey building) 
• There is support for granting the variance if north facing second storey windows 
were removed 
 
NP-2025-016 
It was MOVED and SECONDED, 
that North Pender Local Trust Committee request the applicant to remove 
north facing upper storey window openings from application PL-DVP-2024-
0350. 
CARRIED 

 
North Pender Island Local Trust Committee 
Special Meeting 
May 5, 2025 ADOPTED Page 3 of 4 
 
Staff will request the applicant submit revised plans to the Local Trust Committee 
for future consideration. 
7.2 PL-DP-2025-0141 (Kayne) - Staff Report 
Island Planner Smith summarized the staff report and highlighted the following: 
• The application seeks a Development Permit to authorize construction of Green 
Shores/Bioengineering stabilization work on the shoreline slope of a property 
located with Development Permit Area 6 – Intertidal Sensitive Ecosystems 
• The objectives and guidelines of the Development Permit Area have been met 
• An assessment report completed by a professional biologist has been received 
 
Discussion ensued and the following comments and clarifications were recorded: 
• The Department of Fisheries and Oceans (DFO) window for construction in the 
foreshore is July 1 to October 1; however, DFO has authorized work be done 
before whale sanctuary restrictions commence on June 1 
• There is possibility of archaeological significance and First Nations consultation 
has not been undertaken as Development Permit Area applications are not 
subject to the referral process 
• All Development Permit Area applications are reviewed for known archaeology 
sites and if there were any the applicant would be advised of their obligations. In 
this case there is archeological potential identified but no known registered 
sites. 
• If an archaeological find is discovered during construction the applicant is 
required to stop work and obtain a permit issued by the BC Archaeology Branch.  
• Staff and the LTC encourage the applicant to proactively confirm with the 
province if a permit is required in this case. 
• The applicant has made a request to the BC Archaeology Branch inquiring about 
know sites and has not received a response yet 
 
Trustee Campbell lost connectivity at 2:50 p.m. and dialed into the meeting at 2:55 p.m. 
NP-2025-017 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee approve issuance of 
Development Permit PL-DP-2025-0141 (Kayne). 
CARRIED 
  

 
North Pender Island Local Trust Committee 
Special Meeting 
May 5, 2025 ADOPTED Page 4 of 4 
 
8. ADJOURNMENT 
By general consent the meeting was adjourned at 2:57 p.m. 
 
_________________________ 
David Maude, Chair 
 
Certified Correct: 
 
_________________________ 
Lisa Millard, Meeting Administrator/Recorder