North Pender Island Local Trust Committee regular meeting, April 10, 2026

[0:00:02] Trustee Maude: Hi everybody. Thank

[0:00:08] Trustee Maude: you for joining us today for this regular meeting of the North Tender Island

[0:00:12] Trustee Maude: Local Trust Committee. I want to begin the meeting by acknowledging that we're fortunate

[0:00:16] Trustee Maude: to be able to gather to the allocations across the territory of the Coast Salish people.

[0:00:20] Trustee Maude: I'm David Vaughn, Electorate of Main Island, Chair of the North Tender Island Local Trust

[0:00:24] Trustee Maude: Committee. I'm joined today by Erin Campbell, the Local Trust Committee member, and I'm

[0:00:30] Trustee Maude: not sure um trustee morrison is indicating she might be zooming in but she hasn't yet

[0:00:35] Trustee Maude: so hopefully we'll be seeing her shortly but if not i will sort of send her regrets on her behalf

[0:00:41] um together we make a couple of trusts made a north bend and local trust committee uh this

[0:00:46] meeting is being live screened and recorded for

[0:00:47] Trustee Maude: those who are unable to attend the person today

[0:00:49] Trustee Maude: the recording will be posted to the house trust website for future meetings so we have some staff

[0:00:55] Trustee Maude: members joining us today first i want to welcome our new regional planning manager

[0:00:59] Trustee Maude: Ray Stoser, who's recently joined us, and she's replaced by Kojima, so we're funner in the deep end at North Bender, so be nice, please.

[0:01:12] Trustee Maude: We have Brad Penn, who is our island planner.

[0:01:19] Trustee Maude: Is Bruce Belcher joining us today?

[0:01:22] Trustee Maude: Bruce Belcher will be online for his job in the upper section.

[0:01:27] Trustee Maude: and normally we have Mr. Dingman joining us.

[0:01:31] Trustee Maude: So I know he's for the camera portion,

[0:01:33] Trustee Maude: but he'll probably be joining us too for this meeting.

[0:01:37] Trustee Maude: And then of course we have Lisa Millard,

[0:01:39] Trustee Maude: who is our Zoom master and recording secretary.

[0:01:42] Trustee Maude: We very much appreciate the remote support

[0:01:45] Trustee Maude: and the magic that she provides

[0:01:47] Trustee Maude: to allow us to do these meetings.

[0:01:50] Trustee Maude: Just let us know if this needs an official forum

[0:01:52] Trustee Maude: for local trust committee to make decisions

[0:01:53] Trustee Maude: about land use planning matters and discuss relevant business i want to add that this is

[0:01:58] Trustee Maude: a place of employment so our staff the right to a safe and respectful workplace so going forward we

[0:02:04] Trustee Maude: have a uh agenda for us any additions or so by general consent we will adopt um the agenda that's

[0:02:15] Trustee Maude: before us um so we also we have a rising report from our last uh meeting um so at that meeting

[0:02:22] Trustee Maude: we uh uh adopt the november 21st 2025 encounter meeting minutes and we appointed uh peter pair

[0:02:30] Trustee Maude: who is there camp rumple theresa barker michael donahue jay gilbert to the north

[0:02:37] pender

[0:02:38] Trustee Maude: island special advisory planning commission commencing immediately for a

[0:02:42] Trustee Maude: term ending march 1st 2027. thank you all for your ongoing service to ltc it is very much

[0:02:49] Trustee Maude: appreciated the value do

[0:02:52] Voice 3: you think that mike is not no i had a jack ferguson

[0:02:55] Voice 3: my

[0:02:56] Voice 18: goodness i think new acc yeah jack was i think added yeah after yeah so after these

[0:03:06] Voice 3: I don't know if Mike was there, because he's stuck.

[0:03:10] Voice 3: Okay.

[0:03:14] Trustee Maude: All righty.

[0:03:16] Trustee Maude: So we have a trustee report.

[0:03:19] Trustee Maude: So it's not in the plural, so it's up to you.

[0:03:24] Voice 18: I was away down in Mexico doing some work down there.

[0:03:33] Voice 18: But also very, I find that when I don't have to work up here, you are suddenly accessible to everybody.

[0:03:44] Voice 18: You no longer have any office hours for people.

[0:03:49] Voice 18: and this last month in particular has been really

[0:03:56] Voice 18: probably the most interactive

[0:03:57] Voice 18: that I have found the Pender community to be in four years,

[0:04:02] Voice 18: which speaks to sort of what is going on,

[0:04:05] Voice 18: I think with the housing project in particular,

[0:04:09] Voice 18: and people's questions and concerns

[0:04:13] Voice 18: about sort of the direction that Pender is going with housing.

[0:04:19] Voice 18: And then also, we have an election coming in October, and a lot of people voicing their approval or disapproval of the Islands Trust as an organization, and what they would like to see be different in moving forward.

[0:04:41] Voice 18: So I encourage everybody that thinks that they might be interested in tossing their hat into the ring for something like this.

[0:04:50] Voice 18: It's a very educational four years.

[0:04:54] Voice 18: And, yeah, I think there's lots of ideas out there from people who would be interested to see just the conversations that are going on now moving forward as we get closer to that.

[0:05:08] Voice 18: So

[0:05:08] Voice 3: it's looking forward to

[0:05:13] Voice 18: lots of phone calls.

[0:05:15] Trustee Maude: Well, indeed, there's a long, steep learning curve as a trustee.

[0:05:20] Voice 18: I would also add, if you do decide to run, get a burner phone that you use as your listed phone number.

[0:05:29] Voice 4: Because

[0:05:29] Voice 18: having your phone of almost 20 years put as your contact is probably not a good idea.

[0:05:36] Voice 18: No,

[0:05:38] Trustee Maude: and definitely, we are definitely getting into election season.

[0:05:43] Trustee Maude: It's on the back of everybody's minds.

[0:05:46] Trustee Maude: If anybody's interested in running, if they're not attending this meeting, I encourage you to attend a few LTC meetings.

[0:05:56] Trustee Maude: Understand what you're getting into, but also speak to your trustees.

[0:06:04] Trustee Maude: Get an idea of what the workload is, what's involved.

[0:06:10] Trustee Maude: It's because, you know, the Trust is a great organization, but it's also, it can

[0:06:15] consume a lot of energy and a lot of time

[0:06:16] Trustee Maude: and emotions.

[0:06:18] So, you know, it's

[0:06:20] Trustee Maude: good to have full, open, informed eyes if you're considering running

[0:06:25] Trustee Maude: because it is public service and it is very much valued.

[0:06:30] Trustee Maude: But oftentimes people run and they get elected without actually realizing what's involved.

[0:06:36] Trustee Maude: and the virus regret sometimes is quite large.

[0:06:44] Trustee Maude: Anyhow, from my standpoint, we got a budget.

[0:06:48] Trustee Maude: Some people are very happy about it.

[0:06:50] Trustee Maude: Some people are not very happy about it.

[0:06:52] I don't know, we peaked out somewhere

[0:06:55] in the budget process,

[0:06:57] Trustee Maude: I think an 18% tax increase.

[0:07:00] Trustee Maude: We ended up at 8.1% tax increase.

[0:07:08] The important thing was 1.5% of that tax increase was basically, you know, deferred funding

[0:07:16] from the provincial government, funding that we got in the past years that we did not get

[0:07:21] this year.

[0:07:22] 2.8% of that increase

[0:07:24] Trustee Maude: was in PCTOU renegotiation of the contract, which is done by the province

[0:07:31] Trustee Maude: and has nothing to do with the trust.

[0:07:32] Trustee Maude: us so 7.3 percent of that increase were basically outside influences that we had no control over

[0:07:40] Trustee Maude: so the actual increase to what we did was like 0.8 percent um so and and certainly i know other

[0:07:50] uh municipalities and regional districts have had much higher increases this year

[0:07:56] Trustee Maude: what's been going on so i'm kind of proud that we got to 8.20 but i know most definitely we've

[0:08:04] Trustee Maude: got some pretty heavy feedback that people are very upset about that so we tried our best i

[0:08:11] think we did our best and we landed somewhere that worked but um

[0:08:15] Trustee Maude: it's on with the lack of

[0:08:19] Trustee Maude: outside funding so it ends up on the individual taxpayers to to fund the trust so it has been

[0:08:25] Trustee Maude: with this. Disappointing part for me is our trust policy statement which we all had a goal of having

[0:08:33] to get

[0:08:33] Trustee Maude: completed this this term is now not going to happen. The province informed us if we didn't

[0:08:41] Trustee Maude: have the completed bylaws of the minister for approval by June that they would not be approved

[0:08:47] Trustee Maude: this term. So we were anticipating September. And so it's just the amount of outside consultation

[0:08:56] Trustee Maude: that we have to do and basically the work that the legislatures do to get out and do the final

[0:09:03] Trustee Maude: reading of the by-laws on it. Logistically speaking, it ain't going to work. So we're

[0:09:08] going to continue doing the very best we can. And wherever we land is where we land. But it

[0:09:15] it looks very much like it'll be up to the next term of trustees and hopefully with for us

[0:09:24] what we've done to date is accepted and it's basically the just a little bit more work to

[0:09:30] get it over the line um hopefully it's not going to be a rehash from the beginning again

[0:09:37] which is what politics is like to do when they get elected so

[0:09:40] So I

[0:09:41] Trustee Maude: just really need to get it finished.

[0:09:44] Trustee Maude: It's been, what, pushing 30 years since it's been updated.

[0:09:47] Trustee Maude: It's supposed to be done regularly.

[0:09:48] Trustee Maude: So it is what it is.

[0:09:51] Trustee Maude: I just know that Trustee Morrison has joined us online.

[0:09:55] Trustee Maude: So we're just doing trustee reports.

[0:09:56] Trustee Maude: So, Trustee Morrison, do you want to jump in?

[0:09:58] Trustee Morrison (probable): No, I need

[0:09:59] Trustee Morrison (probable): a minute to organize myself.

[0:10:00] Trustee Morrison (probable): Thank you.

[0:10:01] Trustee Maude: No problem.

[0:10:04] Trustee Maude: Otherwise, we've been enjoying the great weather.

[0:10:10] Trustee Maude: with all of our

[0:10:11] Trustee Maude: bylaws, with the ministers, just like

[0:10:13] Trustee Maude: the trust policy statement,

[0:10:15] Trustee Maude: June is the final date that we'll be

[0:10:17] Trustee Maude: accepting any

[0:10:19] Trustee Maude: bylaws from any LTC.

[0:10:21] Trustee Maude: So there's a

[0:10:22] Trustee Maude: sort of, it's a landing point

[0:10:25] Trustee Maude: for anything that needs to be approved

[0:10:27] Trustee Maude: by the minister.

[0:10:29] And then from June

[0:10:30] to October, we can

[0:10:33] do the regular administrative

[0:10:35] stuff, but we're going to be

[0:10:37] Trustee Maude: not sort of completing some stuff, unfortunately. We're going to do our best on North Bend because

[0:10:42] Trustee Maude: I think we're getting stuff over the line on this stuff. So, all righty. So, Trustee

[0:10:49] Morrison, did you want anything or we just jump forward?

[0:10:53] Trustee Maude: Okay. We will go forward. Director

[0:10:57] Brent says his regrets from the CID.

[0:11:02] Trustee Maude: I'm going to get him at the next meeting. So, we will

[0:11:06] Trustee Maude: make him come to our next meeting um so let's just finish a period so down as you guys know

[0:11:12] just fairly simple um if you're here to address issues directly related to

[0:11:18] Trustee Maude: the local trust

[0:11:19] Trustee Maude: committee um we allow two to three minutes by policy as you know we kind of turned a blind

[0:11:27] Trustee Maude: eye to that as long as you guys are on topic and keep going so if anybody wants to address

[0:11:32] the Local Trust Committee. You might want to raise your hand when you're acknowledged, if you just

[0:11:37] say your name and what

[0:11:40] Trustee Maude: business you have. That's the way we go. So anybody need to speak to the

[0:11:43] Trustee Maude: Local Trust Committee? Here we go.

[0:11:48] Voice 13: My name is Joyce Thayer. I'm a resident of Pender Island

[0:11:52] Voice 13: and I'm just speaking quickly to the fact that this is Dark Sky Week and we are hoping to promote

[0:12:00] Voice 13: dark skies on pender island educate people about it we'll be going through different brochures

[0:12:07] Voice 13: it's incorporated into the new policy statement of the trust which we very much appreciate

[0:12:14] Voice 13: so just so everybody knows it's a simple thing we want to keep our skies dark at night so we

[0:12:22] Voice 13: can see the stars and not in impact on wildlife and there's simple things everybody could do

[0:12:30] Voice 13: to make that happen and we're hoping that people will adopt those things and we can keep the island

[0:12:37] Voice 13: the way we love it thank you very much big

[0:12:40] Trustee Morrison (probable): thank you guys to all the work you did on that

[0:12:45] Trustee Maude: anybody else wishes to speak this is not normal for north bend all right so thank you very much

[0:12:53] Trustee Maude: and we will move on to our community information meeting um this uh 9.1 uh which is recognized uh

[0:13:03] mapping development area project proposed bylaw number

[0:13:06] Trustee Maude: 235 so over to you plan spent thank you

[0:13:11] Voice 18: chair so we've had a couple of community information meetings on this uh project

[0:13:15] Voice 18: already which is updating the development permit areas for your raptor and uh heron

[0:13:20] Voice 18: nest. We have a map here on the wall with the proposed nest site locations and so this is just

[0:13:26] Voice 18: a last opportunity before your public hearing to get any questions answered of myself or your local

[0:13:33] Voice 18: trust me. So I would open it up to anyone in the audience if you have any questions.

[0:13:43] Voice 18: Well I'm on Cannon Crescent. There's a raptor's nest there that I haven't seen one activity in 23

[0:13:51] Voice 18: three years yep so is that just like it might be a raptor's nest sometimes so the what what is

[0:13:57] Voice 18: determined to be a nest tree is either a tree that has been identified to have nest activity

[0:14:02] Voice 18: in the past and still has the characteristics right you potentially support a nest in the future

[0:14:08] Voice 18: or trees that have been identified with an actual strength so uh dave manning and uh dan baxter have

[0:14:17] Voice 18: done two field seasons looking at all of those existing trees that were in the DP and they would

[0:14:23] Voice 18: have determined that that tree still has characteristics to support nesting. But it only

[0:14:27] Voice 18: is trees that have demonstrated nesting in the past. It's not just a tree that could be used for

[0:14:35] Voice 18: nesting. It's a tree that has actually been either used or a secret. Thank you. I'm kind of curious

[0:14:44] Voice 18: because we have a place in Ladner we live here full-time and in the winter

[0:14:49] Voice 18: you can see all the eagle nests yeah and there's

[0:14:53] Voice 19: many I'm shocked where they are

[0:14:56] Voice 19: many are surrounding the industrial areas BC Ferry's work yard

[0:15:01] Voice 18: the complex

[0:15:03] Voice 18: we live in that's just been finished built 750 units plus all the others in

[0:15:08] Voice 18: the area the housing the eagles are thriving and we're not talking 100 meters

[0:15:13] Voice 18: meters

[0:15:14] Voice 19: or 200 meters we're talking 50 meters so I'm having trouble reconciling this issue where

[0:15:21] Voice 19: I see eagles thriving in a fairly

[0:15:26] Voice 18: dense human environment versus what's being said here to

[0:15:31] Voice 18: increase it so this guidance is based on the provincial best practices for management it

[0:15:37] Voice 18: doesn't only consider eagles, it considers all raptors. There's a scale of ability for

[0:15:46] Voice 18: species to tolerate disturbance. You're correct, eagles are quite low on that scale, but the

[0:15:53] Voice 18: provincial guidance still recommends these buffers, which is why they're being applied.

[0:15:57] Voice 18: For other raptors, that tolerance is much lower and then the buffer in a sense becomes more

[0:16:06] Voice 18: So why isn't there a gradation to account for those differences? Why is it one rule

[0:16:12] Voice 18: for everything? Because as far

[0:16:14] Voice 12: as I know

[0:16:14] Voice 18: it's just so it's not a rule

[0:16:16] Voice 18: for everything. There

[0:16:17] Voice 18: are different bumper signs just based on different species based on the guide. So how does that

[0:16:24] Voice 18: impact on North Panther? So you see this is all other raptor nest species. They have a

[0:16:32] Voice 18: different they don't have a broader buffer you have something of a north tender this is a heron

[0:16:41] Voice 18: you see this value is much bigger for the carrot nest rookery because because herons are

[0:16:47] Voice 18: require a less disturbance environment and so then the provincial guidance is around creating

[0:16:53] Voice 18: larger buffers to protect parent nest sites um

[0:16:59] Voice 6: so it's a best practice guideline correct so there

[0:17:05] Voice 6: is some discretion when we're not advised in all circumstances. There

[0:17:10] Voice 18: are a number of exemptions

[0:17:11] Voice 18: in the draft by-law. These are also, so you have two types of buffers. You have a year-round buffer

[0:17:19] Voice 18: and that's the core area on each of these circles in the shade so that the dot is the identified

[0:17:25] Voice 18: tree. The dark shaded area is the year-round buffer area and then the dashed area is a seasonal buffer

[0:17:33] Voice 18: or that considers their breeding this

[0:17:35] Voice 6: isn't mandatory this would

[0:17:40] Voice 6: be it's just following

[0:17:42] Voice 6: best practices so

[0:17:43] Voice 18: this this is this would be created in law and would become mandatory as

[0:17:48] Voice 18: a regulation but the regulation is based on the advice of provincial guidance

[0:17:53] Voice 6: but there's no law

[0:17:56] Voice 6: law currently requiring us to follow the best practice.

[0:18:00] Voice 6: Correct.

[0:18:00] Voice 6: It will become law after this is put through, but

[0:18:03] Voice 6: right now, so you're recommending that

[0:18:07] Voice 6: on North, on Pender, we follow the best practices, but it's not an obligation.

[0:18:14] Voice 6: Correct.

[0:18:15] Voice 6: It's

[0:18:15] Voice 18: up to the LTC to decide.

[0:18:16] Voice 18: Absolutely.

[0:18:17] Voice 18: So in the stock report, one of the things I discussed is these seasonal offers, for

[0:18:25] Voice 18: for example uh the ltc could remove them or make them smaller or they could do anything they want

[0:18:31] Voice 18: really they could not do any of these but uh the work of the professional biologists and staff have

[0:18:38] Voice 18: applied principles of that the provincial that's managed practice and other local governments have

[0:18:46] Voice 18: also used that uh guidance to create similar development permit areas that then become

[0:18:52] Voice 18: that's right just

[0:18:56] Voice 3: go right um title of that

[0:19:00] Voice 18: doctor's best management practices for rapid

[0:19:03] Voice 18: conversations during urban rural land development in british columbia that documented the developers

[0:19:12] into a rural

[0:19:14] Voice 16: area and validated and how they should

[0:19:16] Voice 16: set up for existing records

[0:19:21] Voice 18: Now, you have to think about it is almost a 2005, 2013 is an updated 2013 guidelines.

[0:19:34] Voice 18: Correct.

[0:19:35] Voice 18: The original best practices with you.

[0:19:39] Voice 18: Correct.

[0:19:40] Voice 18: And so the original set of development permit areas was established based on the 2005 guidance.

[0:19:45] Voice 18: Right.

[0:19:46] Voice 18: There is now updated guidance and so that is what staff are applying.

[0:19:49] Voice 18: both of them require i mean that's it no that's what the title said the rural plan is valid

[0:19:57] Voice 18: this is a development area so any development

[0:20:00] Voice 7: in these areas

[0:20:00] Voice 18: would require a development firm so

[0:20:03] Voice 18: in a sense correct for for developers nobody's developing it's not true there's houses there's

[0:20:11] Voice 18: empty lots there's sheds and setbacks or there's sheds there's branches there's a whole bunch of

[0:20:20] Voice 18: Yes, all of that is deemed to be developed.

[0:20:30] Voice 3: Are any of these current DPAs or are these additional ones?

[0:20:36] Voice 18: Many of them are already DPAs with a 30 to 50 meter buffer.

[0:20:43] Voice 18: The seasonal buffer concept is being added based on the new best practices.

[0:20:47] Voice 18: And so, yes, Dave and Dan have gone and looked at all the existing trees and a bunch of them

[0:20:57] Voice 18: have been removed.

[0:20:58] Voice 18: So if you looked at the current DPA, it would have dots on it that aren't on this map.

[0:21:03] Voice 18: And then there has been new trees added as well.

[0:21:06] Voice 3: So does that mean that in the current DPA, and although this isn't a law, this isn't

[0:21:14] Voice 3: a bylaw, I guess.

[0:21:15] Voice 3: Yes, but if it's a current TPA, you can't up-treat them.

[0:21:25] Voice 3: Correct.

[0:21:26] Voice 3: Thank you.

[0:21:26] Voice 3: We'll be talking about that, and then we'll follow up on your other questions.

[0:21:37] Voice 3: Has any jurisdiction

[0:21:38] Voice 18: rejected these best practices?

[0:21:42] Voice 18: I would say that only a few jurisdictions have applied them,

[0:21:46] Voice 18: because jurisdictions have all sorts of different interests

[0:21:51] Voice 18: and local governments take up all sorts of different.

[0:21:55] Voice 18: So why wouldn't they adopt it if this is a provincial guidance?

[0:22:01] Voice 18: Because you have to do all this work to get there,

[0:22:04] Voice 18: to get it into regulation.

[0:22:05] Voice 18: Most jurisdictions don't have RAPTA regulations.

[0:22:08] Voice 18: So

[0:22:09] Voice 19: why do we want to do this at all?

[0:22:11] Trustee Morrison (probable): Can I add to that?

[0:22:13] Voice 18: it's important one thing it's important to know that you already have it no this isn't this isn't

[0:22:19] Voice 18: new like there's nothing new about what this is all that this was was a an effort to update what

[0:22:27] Voice 18: already was given that people move to pender with absolutely no idea what they're going to do

[0:22:36] Voice 18: development wise and just start flying at it and then we end up in a situation where

[0:22:44] Voice 18: local government and residents are going to court so it's something that is updated and clarified

[0:22:51] Voice 18: for people to understand um where these where these regulations are where the proper trees

[0:23:00] Voice 18: to protect are and where the ones that maybe don't matter as much which in removing some

[0:23:07] Voice 18: of the old trees that were no longer viable it took some of that rub out of it for people but

[0:23:13] Voice 18: this is sort of the most up-to-date information that we can give people to understand what

[0:23:20] Voice 18: environment we're trying to protect on vendor island but why increase the areas i mean it's

[0:23:25] Voice 18: been watching today so what's the flow of action to make it bigger science yeah is there any

[0:23:34] Voice 18: in science provincial guidance is based on expertise that's not science are there actual

[0:23:40] Voice 18: literature learned documents that point to that that point to that to that increased buffer areas

[0:23:47] Voice 18: are are beneficial to species protection yes

[0:23:51] Trustee Maude: so just just trustee morris just wanted to add

[0:23:54] Trustee Maude: something in this so trustee morris um

[0:23:58] Trustee Morrison (probable): yeah just to the question of why we might do it here with

[0:24:01] Trustee Morrison (probable): and why we have had it here historically without where other jurisdictions may

[0:24:08] Trustee Morrison (probable): not so this is the islands trust area we're balancing environmental and

[0:24:14] Trustee Morrison (probable): community needs and many in our community agree that protection of

[0:24:21] Trustee Morrison (probable): Raptors are important so it's not a strictly environmental issue it's also a

[0:24:25] Trustee Morrison (probable): community desire and so the question about how big those buffers should be in

[0:24:30] Trustee Morrison (probable): and like the increase in them is from that guidance,

[0:24:35] Trustee Morrison (probable): you know, around what size protecting raptors' nests,

[0:24:42] Trustee Morrison (probable): you know, work.

[0:24:43] Trustee Morrison (probable): And for all the raptors, what's the average that works out?

[0:24:47] Trustee Morrison (probable): And that is based on science.

[0:24:49] Trustee Morrison (probable): So if you wanna, if you haven't already

[0:24:51] Trustee Morrison (probable): and wanna look back into the BC guidelines,

[0:24:53] Trustee Morrison (probable): it itemizes in there.

[0:24:58] Trustee Maude: Thank you, Dr. Forrest.

[0:25:00] Trustee Maude: Missed most of that.

[0:25:03] Voice 18: I think she's basically saying that there's also a community desire that has been identified

[0:25:11] Voice 18: over time to protect rapidness.

[0:25:13] Voice 18: It's not only driven by, uh, the ecological protection that we're going to

[0:25:20] Voice 19: go to, I think

[0:25:21] Voice 19: this was first.

[0:25:22] Voice 19: I mentioned that it's based on science and we're not equipping that over.

[0:25:28] Voice 19: Most of what we're suggesting here is that the Harvard Bicycle Specialist stand back

[0:25:34] Voice 18: So to be clear, Dan Baxter is a registered professional biologist, and so that registered

[0:25:43] Voice 19: professional

[0:25:44] Voice 18: biologist has taken the guidance of the province and applied it to the North

[0:25:49] Voice 18: Pender Biolog by updating and amending what is already there to be now more consistent

[0:25:55] Voice 18: with more recent guidance, which is developed by provincial experts.

[0:26:01] Voice 18: spread. He took

[0:26:04] Voice 19: observations, and I'm not correct, he did not conduct a study to see

[0:26:08] Voice 19: if any of these genomes had an impact.

[0:26:11] Voice 19: Correct.

[0:26:15] Voice 19: So, I have an issue with that, because we're making some serious changes here, based on

[0:26:20] Voice 19: observation of one individual.

[0:26:23] Voice 19: I'm not sure what your point is.

[0:26:25] Voice 19: Well, he may have biases that we're not aware of.

[0:26:27] Voice 18: he's out there and seeing if the tree is being used for a bird then if yes it goes on here

[0:26:36] Voice 18: or if it has been previously mapped because it was being used by a bird and it still

[0:26:44] Voice 18: has characteristics that it can be used by a bird again in the future for nesting those are what

[0:26:49] Voice 18: he's doing and he is taking the best practice guidance he's not making it up he's applying it

[0:26:56] Voice 18: into the bylaw

[0:26:57] Voice 19: that's just what he's making up but yeah he

[0:27:00] Voice 19: did not conduct a study to see what sort

[0:27:03] Voice 19: of impact any development on tender has had on those i

[0:27:08] Voice 18: think those studies are higher level and

[0:27:11] Voice 18: that is what the experts would be basing the provincial guidance which that provincial guidance

[0:27:18] Voice 18: would be based on studies and science and experts and input from a wide range to get to understanding

[0:27:25] Voice 18: what an appropriate buffer level is for an Osprey.

[0:27:30] Voice 19: But again, blanket policy cannot be a part of the situation.

[0:27:35] Voice 19: So that's

[0:27:38] Voice 18: why we're here talking about,

[0:27:42] Voice 18: this is where we've gone.

[0:27:43] Voice 18: The professional has applied the guidance

[0:27:48] Voice 18: and now your elected officials are deciding

[0:27:51] Voice 18: whether they want to put that guidance into

[0:27:57] Voice 18: their bylaws or have this discussion with the community about adjusting or amending any of that

[0:28:05] Voice 18: okay so i have concerns with what's going on here so in the public hearing that's your opportunity

[0:28:11] Voice 18: to voice those concerns this is really about okay

[0:28:15] Trustee Maude: so i have trustee morris again please

[0:28:18] Trustee Morrison (probable): yeah is that better sound a

[0:28:21] Trustee Maude: little better but uh everybody be quiet and listen okay

[0:28:24] Trustee Morrison (probable): i'll try to

[0:28:25] Trustee Morrison (probable): a shout that is that that's a little bit better um so one of the things that's being raised here

[0:28:33] Trustee Morrison (probable): that is important to understand is a you know whether we have studies specific to pender or not

[0:28:42] Trustee Morrison (probable): there is still the larger principles that planner uh smith is talking about that that have been

[0:28:53] Trustee Morrison (probable): been shown in other locations through studies that raptors need to be protected in the face

[0:28:59] Trustee Morrison (probable): of development. And so there's a cautionary principle here that it's hard to take it back

[0:29:08] Trustee Morrison (probable): later, like to undevelop land. So it's okay to be cautious on the development of land.

[0:29:15] Trustee Morrison (probable): And so that's what we're looking at here, is taking a slightly more cautionary approach to

[0:29:20] Trustee Morrison (probable): development not saying you can't develop just saying more cautionary related to these trees

[0:29:28] Trustee Maude: thank you christopher morrison

[0:29:32] Voice 3: uh i think that this gentleman here is

[0:29:45] Voice 18: zoning doesn't apply to federal

[0:29:47] Voice 18: The contracts for federal

[0:29:51] Voice 19: weapons are here that we wouldn't be using for setbacks or

[0:29:54] Voice 19: protective areas.

[0:29:58] Voice 19: I don't know.

[0:30:00] Voice 19: Isn't that the same reason why the federal government should have regulations that are applicable, or even stronger,

[0:30:09] Voice 19: that studies on a federal level should drive this? This is nothing more than trying to get development in control.

[0:30:18] Voice 18: That's more of a

[0:30:19] Voice 18: statement than you can say. Anything else? My question was Ken.

[0:30:25] Voice 18: So the additional buffer, whatever the language is, and it's seasonal.

[0:30:29] Voice 18: and all. This is I mean, if I want to add an accessory building, I can only do it from

[0:30:35] Voice 18: X to X date without a permit. Without. So if it's within their breeding season, whatever,

[0:30:44] Voice 18: and I get a permit that I can build a growth are not intended to sterilize or, or restrict

[0:30:50] Voice 18: development, they're intended to ensure that development on the lands are considered raptors

[0:30:59] Voice 18: in this case. So that means I am paying for another biologist or what does that look like?

[0:31:07] Voice 18: Uh you would then need a professional to come do a report and provide recommendations and then those

[0:31:15] Voice 18: recommendations would be taken by staff and incorporated into a permit around construction,

[0:31:21] Voice 18: around mitigation, restoration, avoidance. Great. Thank you. And so like for example on

[0:31:32] Voice 18: where the all the trees were removed and then we issued that retroactive dpa one

[0:31:37] Voice 18: you know what yeah uh that then the uh profession came and provided a report and that new owner now

[0:31:47] Voice 4: is

[0:31:47] Voice 18: fulfilling the obligations of that permit by replanting et cetera that's a bit of a different

[0:31:53] Voice 18: one because it's yeah after the fact yeah yes

[0:31:59] Voice 6: um i heard a very uh a proposed statement from

[0:32:03] Voice 6: the trustee that there's a lack of awareness of the current um i lost practice um as new buyers

[0:32:12] Voice 6: in the summer um we spent a lot of time here first visiting researching reading all the material

[0:32:18] Voice 6: I'll read all the minutes, all the different meetings.

[0:32:21] Voice 6: This was not something that was very apparent.

[0:32:25] Voice 6: And I do think that people aren't aware.

[0:32:28] Voice 6: And I also agree that the people on tender do want to be environmentally conscientious and protect the raptors.

[0:32:36] Voice 6: but we've got a lack of awareness

[0:32:39] Voice 6: of the current arrangements

[0:32:40] Voice 6: that could be really promoted

[0:32:43] Voice 6: and satisfy

[0:32:45] Voice 6: all those requirements of people not

[0:32:47] Voice 6: developing willy nilly or people

[0:32:49] Voice 6: not being aware and meeting the

[0:32:51] Voice 6: requirement of the people to feel they're being

[0:32:53] Voice 6: environmentally conscientious

[0:32:54] Voice 6: that should be the initiative to

[0:32:58] Voice 6: raise that awareness

[0:32:59] Voice 6: versus taking the opportunity

[0:33:02] Voice 6: at the same time

[0:33:04] Voice 6: to expand it

[0:33:05] Voice 6: like

[0:33:07] Voice 6: Why not try making it more of a known piece of information first?

[0:33:12] That should satisfy

[0:33:13] Voice 6: my community needs.

[0:33:16] Voice 6: Then if there's an issue that's not being addressed,

[0:33:20] Voice 6: the Raptors are not happy, whatever,

[0:33:23] Voice 6: then propose expanding the zones.

[0:33:27] Voice 6: But doing it all at one go, to me, is like overkill.

[0:33:33] Voice 18: Just to put that point,

[0:33:35] Voice 18: that's

[0:33:35] Voice 6: how you get

[0:33:35] Voice 18: elected to the Islands Trust,

[0:33:36] Voice 18: trust is you get frustrated about something and you chuck your hat in there and all of a sudden

[0:33:41] Voice 18: you're you're tied in for four years because that was very much like i've been here for 11 years

[0:33:48] Voice 18: i know that in a lot of conversations with with people um there isn't you don't know about the

[0:33:58] Voice 18: island's trust until you get a letter in the mail saying that you did something bad um and that is

[0:34:03] Voice 18: it's it's very unfortunate there's signage the islands trust has been around for 50 years

[0:34:12] Voice 18: it's been here for as long as i've been alive um but for whatever reason it is very difficult

[0:34:22] Voice 18: realtors aren't going to tell you they're not going to jeopardize making the sale of a house

[0:34:27] Voice 18: to to be able to do that figuring out how to educate people we it's the first time that i've

[0:34:37] Voice 18: met you guys i had no idea that you came to pender to buy a house to look at anything there would be

[0:34:43] Voice 18: no ability for the local trust to educate people that are coming off that other than science that

[0:34:52] Voice 18: that are coming off

[0:34:53] Voice 18: the ferry to sure

[0:34:55] Voice 6: we'll ferry we read every single one of them there has there's

[0:34:59] Voice 18: sign there's been signage at the ferry terminals there's been brochures put out mail outs done it

[0:35:05] Voice 18: it's a constantly it's something that almost constantly needs to be done i know living in

[0:35:11] Voice 18: in burnaby there was a welcome wagon thing that would come around unfortunately after you had

[0:35:16] Voice 18: bought your house and you'd get a whole bunch of information on the local community and what was

[0:35:21] Voice 18: going on and and all of that stuff and it really is a challenge to educate people on what is

[0:35:29] Voice 18: happening and something like this there's 90 PAs I think in total this is one of of them and

[0:35:39] Voice 18: the time and attention that it's going to take to bring each one of them into even a level where

[0:35:48] Voice 18: where the ground truthing has been done for what they were.

[0:35:52] Voice 18: At one point, they were just literally, look at an overview aerial map.

[0:35:56] Voice 18: That looks like downslope.

[0:35:59] Voice 18: That's a good spot for char-tailed snakes.

[0:36:03] Voice 18: That becomes a DPA.

[0:36:05] Voice 18: We're trying to, one of the things was,

[0:36:08] Voice 18: given that we had an instance here at the very beginning of our term,

[0:36:12] Voice 18: okay, here's a good one to address.

[0:36:14] Voice 18: Let's look at the raptor nest.

[0:36:16] Voice 18: So let's try to identify where they are, what the challenges are around protecting them, what the challenges are around developing around.

[0:36:23] Voice 18: We've had, I think, three applications this term where they did end up, the development did end up inside one of these DPAs.

[0:36:35] Voice 18: and through a little bit of the biologist who was involved in it making some recommendations

[0:36:43] Voice 18: and a little bit of wiggle room as to when and how much was going to of the house was going to

[0:36:50] Voice 18: end up in there we came to an agreement that yeah this is great folks build their house so it's not

[0:36:56] Voice 18: the desire I know for myself I work in construction you know it's not my desire to

[0:37:03] Voice 18: only be able to work from october till january because that is the absolute shittiest time

[0:37:11] Voice 18: of year to try to do anything on pender it's so wet so muddy you know that's not the desire of

[0:37:19] Voice 18: what is being brought forward here it's understanding what we've got the challenges that

[0:37:25] Voice 18: that impose on residents and contractors and how do we work around that but if we set

[0:37:34] Voice 18: a guideline that has that does have wiggle room to it we can at least have the conversation before

[0:37:43] Voice 18: somebody nukes their entire law and that does happen that is the that is the knee jerk

[0:37:53] Voice 18: to people just decide they want to cut every tree down that they've got and they'll enjoy the nature

[0:38:00] Voice 18: that's around their lot as opposed to the nature that's on their lot.

[0:38:04] Voice 6: I would suggest that this

[0:38:07] Voice 6: proposed bylaw has resulted in more trees being cut down in advance to prepare for the eventuality

[0:38:16] Voice 6: I know in our neighborhood, most of the sites still exist, but the only thing that is expanding is the sea still buffering.

[0:38:26] Voice 6: Which, as you said, is not a good time to get in construction.

[0:38:32] Voice 18: No, but that's all part of what we're considering, right? That's what the, here's where we're at, where we end up is what this whole process is about.

[0:38:41] Voice 18: Well, I just think it's pretty much absolutely two things. Are you saying that the 30 meter

[0:38:49] Voice 18: DPA zone isn't going to 60 meter DPA? Currently, they're 30 to 50. Most of them are 50. Anyway,

[0:38:59] Voice 18: it is going to 60. It's going to 60, correct, and 100 and non-nesting and 100 eagles in

[0:39:07] Voice 18: we're taking. Yeah. The

[0:39:11] Voice 3: you mentioned that not many other jurisdictions. So this name

[0:39:20] Voice 3: one is I can

[0:39:21] Voice 18: find a regional district.

[0:39:26] Voice 18: Any other questions for me, by the way, so just following up on that no other local

[0:39:32] Voice 18: cluster to something like this. I don't think

[0:39:36] Voice 18: other clusters I don't think that there are any

[0:39:38] Voice 16: other

[0:39:38] Voice 18: other raptor dpas and i'm

[0:39:40] Voice 16: not stressed okay so fair to

[0:39:42] Voice 16: say they're relying on provincial

[0:39:43] Voice 16: regulations then to look after this uh

[0:39:46] Voice 18: uh other than the tree

[0:39:50] Voice 3: itself there would

[0:39:51] Voice 18: be no protection

[0:39:52] Voice 18: around the habitat of that tree unless it's protected in some other kind of development

[0:39:58] Voice 16: okay but they

[0:39:59] Voice 16: have felt the need to do this so they must be relying on the provincial

[0:40:09] So I had one specific question. Yeah. So

[0:40:14] Voice 16: we're up at 53. Or that one is harmonious.

[0:40:22] Right up at the top. Just go straight in the next one over to the left, right there. Yeah.

[0:40:30] Yeah. So you made a comment

[0:40:35] Voice 16: that the new ones, that's the new one, were chosen based on previous mapping.

[0:40:40] Voice 16: You and I've had some emails back and forth. We bought the letter in November of 2024.

[0:40:47] Voice 16: We purchased our property in 2020. We were advised by our realtors to, you know, look through all the islands, trust stuff, talk to people, get on the property, scour it.

[0:40:59] Voice 16: And it was completely undeveloped property, basically, with the largest count.

[0:41:03] Voice 16: It's a front that was decrepit at the moment.

[0:41:05] Voice 16: We did that.

[0:41:06] Voice 16: We went through every inch of it.

[0:41:08] Voice 16: We looked at every tree.

[0:41:09] Voice 16: We looked across the seven DPA categories to make sure anything that might apply would be there.

[0:41:15] Voice 16: One of the things that we did is we went through, in addition to looking for nests on the property of any sort,

[0:41:22] Voice 16: we went through the Islands Trust website with the fine-tooth comb.

[0:41:26] Voice 16: There were two documents that I found.

[0:41:27] Voice 16: One was a map with the DPAs on it.

[0:41:30] Voice 16: one was a map with no nesting sites on it and there was nothing on our property on either of those

[0:41:37] and so it came as it applied for building permit went through the island's trust process

[0:41:43] have our building permit within between island's trust and municipality we had it within five weeks

[0:41:52] constructed our our home and then we find out get this letter in the mail in

[0:41:57] Voice 16: 2024 saying there's

[0:41:59] Voice 16: said there's a nest tree on your property so when you say previous mapping you and i've had

[0:42:04] Voice 16: emails and i asked for some documentation because some experts that we talked to it's kind of

[0:42:11] Voice 16: important to understand what was there how long it was there we saw an evidence of any test on

[0:42:17] Voice 16: the ground apparently someone said you told me that something like a storm or something so what's

[0:42:23] Voice 16: So my question is, when you say previous mapped nest sites that I'm so confused over, how

[0:42:31] Voice 16: is that a previously mapped nest

[0:42:34] Voice 18: site when I haven't been to any of those?

[0:42:36] Voice 18: So the expert in terms of who identified the new nest is right behind you, so you can speak

[0:42:45] Voice 18: to this tree in particular if that's not so.

[0:42:49] Voice 18: Well, I would need to go look at my OCP map to see if that is not, if that's a new tree, then there is no previous mapping of that tree because it's just been identified.

[0:43:01] Voice 18: And that

[0:43:02] Voice 16: was my question, Brad. I just wanted to, you said that the new trees that are on the map were based on their previously mapped trees.

[0:43:11] Voice 16: And so I was just wondering, how does that apply to this particular tree?

[0:43:16] Voice 16: thank you

[0:43:16] Voice 18: so i think uh any new tree added i think your wasn't previously mapped the previously

[0:43:28] Voice 18: mapped trees are the trees that are on this map that are already designated and are still viable

[0:43:33] Voice 18: either with a nest or have nest uh potential still that those are the trees that would have

[0:43:42] Voice 18: been previously mapped and that's like so so the new trees came from from

[0:43:46] Voice 18: two years of field

[0:43:48] Voice 18: studies by mr manning and dan baxter the professional biologist there has to be a nest

[0:43:54] Voice 16: so let's have to

[0:43:56] Voice 18: speak to that particular tree

[0:43:57] Voice 18: that i know of the first place

[0:44:01] Voice 3: it doesn't work

[0:44:23] Voice 7: it helps i can just

[0:44:31] Voice 18: sure i'm sorry and i just i need to state this offline

[0:44:55] Voice 5: We

[0:44:55] Voice 3: happen to be

[0:44:57] Voice 5: in a lot, which is falls in that boundary, but did not fall in the previous

[0:45:03] Voice 5: be as valid. What? What is the likelihood that changes? Is it

[0:45:11] Voice 5: going to be? Yes, yes, we hear you. Oh, we go with exactly what

[0:45:15] Voice 5: we post for it. Are we going to be able to bring in some

[0:45:19] Voice 5: scientific studies which say that this is and that things

[0:45:25] Voice 5: will change. It's a little as our experience construction

[0:45:36] Voice 5: trustee has said, it's not ideal to be working in the mud and rain,

[0:45:43] Voice 5: probably get a lot more difficult, more expensive, less

[0:45:49] Voice 7: likely.

[0:45:52] Voice 5: And it just

[0:45:53] Voice 5: seems we've seen several studies which say

[0:45:57] Voice 5: that this huge boundaries just doesn't make sense. But that

[0:46:02] Voice 5: particularly eagles, we're hearing eagles are as I think one

[0:46:06] Voice 5: of our other members here actually people are happy to live here don't mind the hustle and

[0:46:16] Voice 5: bustle although they're way up there there's lots of trees around that they can they really

[0:46:23] Voice 5: just don't need this um can we change that your

[0:46:29] Voice 18: elected officials could certainly uh

[0:46:31] Voice 18: make any amendments they want post-public hearing.

[0:46:37] Voice 18: There are two recommendations in the staff report

[0:46:40] Voice 18: and options for them to consider adjusting the buffer areas

[0:46:44] Voice 18: if they choose to.

[0:46:46] Voice 18: But the question is, do we have anything to do with that?

[0:46:51] Voice 18: I guess you'll find out when we get post-public hearing

[0:46:55] Voice 18: and you're in your elected officials, consider the bylaw

[0:46:59] Voice 18: and giving it a second and third reading.

[0:47:01] Voice 18: any

[0:47:02] Voice 3: chance of a referendum

[0:47:03] Voice 18: a referendum no it

[0:47:06] Voice 6: doesn't really apply is there any chance we can

[0:47:10] Voice 6: change your minds and leave the buffer zones as they are what would it take to change your minds

[0:47:18] Voice 6: how many people need to sign a petition yeah so let's

[0:47:22] Voice 5: see it this

[0:47:23] Voice 18: well you gotta understand

[0:47:25] Voice 18: understand right there's 2700 residents on vendor at any one meeting about this is slightly above

[0:47:35] Voice 18: average turnout there's about 14 people that show up for a meeting that's our average this is the

[0:47:42] Voice 18: third third or fourth meeting that we've had about um this particular that's been going on for well

[0:47:50] Voice 18: over well two years of studies so it's basically been by the time we're done a three-year process

[0:47:57] Voice 18: of trying to to understand the effects where we land with with the information and stuff everybody's

[0:48:06] Voice 18: opinion definitely matters there's more to this job i guarantee you than one friday every other

[0:48:17] Voice 18: other month and some larger meetings that go on it's a it's probably in every other day you're

[0:48:25] Voice 18: going to hear opinions from folks and so I try to take all of that into into consideration

[0:48:34] Voice 18: including my own feelings about it I have 46 acres here that I am up against the national park

[0:48:42] Voice 18: there's a lot of these rules that affect most of what i do on my property including the fact

[0:48:51] Voice 18: that i've got ag land and i can't hardly do anything with it so um i get it for sure but

[0:48:58] Voice 18: um there's also a there is a balancing of a mandate from the provincial government for what

[0:49:08] Voice 18: this government is required of and yeah you've got to try to

[0:49:16] Voice 18: figure it out. Magic Lake is the reason that this government even exists and I think that people

[0:49:23] Voice 18: forget that that affects 13 other jurisdictions, 13 jurisdictions, one of which is us, because of

[0:49:36] Voice 18: what happened in magic lake and so there is definitely a that comes into play and and i

[0:49:47] Voice 18: understand that it that it can suck to have that much development in one corner of a of an area

[0:49:55] Voice 18: but it's also about trying to understand the whole like what do we do to protect the whole island not

[0:50:02] Voice 18: just the corner of magic lake and to protect protect the development of that corner but

[0:50:10] Voice 18: are you guys zone management and bring families differently

[0:50:13] Voice 3: specifically because of

[0:50:15] Voice 18: that that's

[0:50:17] Voice 18: that situation i mean four to six acres it's a hundred fifteen hundred meters

[0:50:25] Voice 3: of a quiet radius you've got 46 acres just build your little shed somewhere else but when you're

[0:50:33] Voice 3: living on a quarter acre or a third of an acre right you just get wiped right out

[0:50:44] Voice 3: but

[0:50:44] Voice 18: you but you and i've had this conversation now for three years yeah you've had the exact

[0:50:49] Voice 18: same conversation and we we're going to end up at exactly the same place in that conversation

[0:50:54] Voice 18: is that at the end of the day nothing's being sterilized this is not about stopping anything

[0:51:01] Voice 18: from being able to happen on pender out this is about forcing a conversation about what does

[0:51:07] Voice 18: does happen on Penrath and the only way to do that is to put some hard boundaries up about

[0:51:13] Voice 18: about things and make it so that there has to be a conversation about whether that tree is going to

[0:51:19] Voice 18: get cut down or that house is going to be built that close to a tree and we can look at just eagles

[0:51:27] Voice 18: and it's I don't know if you've ever tried to control a bird but you can't you know unless

[0:51:33] Voice 18: you put a net over them there's no way that we're going to be able to say that these are only going

[0:51:38] Voice 18: to be eagle trees and

[0:51:40] Voice 1: these are only going to be

[0:51:41] Voice 18: osprey trees and these ones are only going to be

[0:51:44] Voice 18: heron trees so you have to take sort of the good with the bad in the whole thing

[0:51:50] Voice 18: and then work your way back out on it and yeah we can write into the bylaw that

[0:51:55] Voice 18: if it's identified to be an eagle nest instead of a osprey nest that we're not going to have

[0:52:02] Voice 18: a have a boundary around that and everybody's going to be sitting there watching the bird

[0:52:07] Voice 18: going to the nest and trying to identify what it is before they decide whether they're going

[0:52:12] Voice 18: to build close to the tree or not close to the tree and we have to start somewhere that's a

[0:52:17] Voice 18: level playing field for everybody and then have the conversation and work you've got to work

[0:52:22] Voice 18: backwards and yeah it takes time yeah i'm trying to hold my fire here so perfect why don't we stop

[0:52:29] Voice 18: out there is there any more questions today for me it's just one yeah something here it's right

[0:52:36] Voice 18: after that that's immediately full this is just an opportunity to have any other questions or

[0:52:41] Voice 18: clarifications before you so you can help to kind of frame here i

[0:52:46] Trustee Maude: think an important point

[0:52:48] Trustee Maude: is just to count sort of dashed on a developed permit area is to have a permit to develop

[0:52:56] Trustee Maude: It is not a no-fly zone, it's not, this is a buffer that stops all development, stops

[0:53:03] Trustee Maude: anything.

[0:53:04] Trustee Maude: It's basically, it's identifying an area that sort of enhance permissions prior to development

[0:53:11] Trustee Maude: to ensure that everybody does the right thing, and it can be as simple as a review and like

[0:53:18] Trustee Maude: not a problem.

[0:53:19] Trustee Maude: Or if it's something that's intense, yeah, you're going to have to work with a biologist,

[0:53:22] Trustee Maude: you have to do your very best to to make it work um but it's just it's it's putting a little bit

[0:53:29] of a boundary around things and making sure that we preserve and protect

[0:53:34] Trustee Maude: which which is the core

[0:53:36] Trustee Maude: mandate of island stress um and it's the balance of the people and the environment that is sometimes

[0:53:44] Trustee Maude: the most difficult job that we do um and so this is this is not about no this is this is about

[0:53:52] Trustee Maude: about basically what is the path to yes.

[0:53:54] Trustee Maude: So I think that's a very, very important thing

[0:53:56] Trustee Maude: because some of the stuff that we've got some emails

[0:54:00] Trustee Maude: and stuff about this is people saying

[0:54:03] Trustee Maude: that we're trying to stop.

[0:54:06] Trustee Maude: And that is not what a development permit area is about.

[0:54:09] Trustee Maude: It is a permit to develop.

[0:54:10] Trustee Maude: So.

[0:54:12] Trustee Maude: Anything else, Pundit Smith?

[0:54:13] Trustee Maude: I'll say under the community information meeting

[0:54:15] Trustee Maude: I'd like to share it with you for the public.

[0:54:18] Trustee Maude: Now we've begun the fun part.

[0:54:24] Trustee Maude: So public hearing is a very, very formal process.

[0:54:27] Trustee Maude: So what we do is we recess for the public hearing.

[0:54:31] Trustee Maude: I read out a whole lot to them, and then you guys get to participate.

[0:54:40] The important thing is that when we get into the statements on the public hearing,

[0:54:46] Trustee Maude: hearing is that when you're acknowledged you need to give your name for the record. Planner

[0:54:54] Smith will be keeping that as part of the package.

[0:54:57] Trustee Maude: Again, it's part of the formal process.

[0:55:00] Trustee Maude: So I will begin. So the Public Hearing for Proposed By-law number 235 is now open. I

[0:55:07] Trustee Maude: would like to welcome everybody in attendance and acknowledge that we are meeting in the

[0:55:10] Trustee Maude: territory of the Coast Salish people. My name is Trustee David Vaughan. I'm the Chair of

[0:55:14] Trustee Maude: northbound local trust committee let me just introduce your two north and your local trust

[0:55:20] committee trustees eric campbell and dan morrison um and also like to introduce island's trust

[0:55:27] planning staff brad spent um a regional planning manager um

[0:55:33] Trustee Maude: and uh our reporter is a lawyer i have

[0:55:40] Trustee Maude: to scroll down because it goes on forever um okay so this public this public hearing is being

[0:55:47] Trustee Maude: convened presumption section of 465 of the Local Government Act in order to consider the proposed

[0:55:52] Trustee Maude: bylaw. Proposed bylaw number 235, said as North Pretender Island Official Community Plan bylaw

[0:55:57] Trustee Maude: number 171, 2007. Amendment number 1, 2023. All persons who believe that their interest in

[0:56:06] Trustee Maude: property is affected by the proposed bylaw will be given a reasonable opportunity to be heard or

[0:56:11] present written submissions respecting matters contained in the proposed bylaw. Those wishing

[0:56:15] to speak should commence their presentation by clearly stating their name and address.

[0:56:22] Members of the Local Trust Committee may,

[0:56:23] Trustee Maude: if they wish, ask questions of you following

[0:56:26] Trustee Maude: your presentation. However, the main function of the Local Trust Committee members is to listen

[0:56:30] Trustee Maude: to the views of the public. It is not the function of the Committee to meet with members to debate

[0:56:35] the merits of the proposed bylaw with individual citizens. Everyone will be given a reasonable

[0:56:41] opportunity to be heard and none should feel discouraged from presenting his or her views.

[0:56:46] And considering the proposed by-law, the Local Trust Committee has received documents which

[0:56:51] may be influenced by this decision.

[0:56:53] Those documents are available for review during this hearing, during this minor hearing, on

[0:56:57] our website and as indicated in the public hearing notice.

[0:57:01] Any person who wishes to present

[0:57:03] Trustee Maude: a written submission to the Local Trust Committee may

[0:57:06] Trustee Maude: do so and all written submissions must be received by the Local Trust Committee before

[0:57:10] the close of the hearing.

[0:57:11] Trustee Maude: Your only opportunity to comment on the proposed by-law is during this hearing.

[0:57:15] hearing, as members of the Local Trust Committee may not receive further submissions after

[0:57:18] the close of this hearing. After this public hearing is concluded, the Social and Local

[0:57:24] Trust Committee may, without further notice, make whatever decision it deems proper with

[0:57:28] respect to the by-law that is submitted to the public hearing. So, I will now summarize

[0:57:36] Trustee Maude: the public hearing notice, key points of the by-law, and referral agency responses.

[0:57:41] Voice 18: thank you chair so just bear with me as well please as i read this out a copy of the public

[0:57:48] Voice 18: hearing notice was posted on the island's trust website and social media platform in accordance

[0:57:52] Voice 18: with the north pender island public notification file number 239 it was also inserted in the march

[0:57:59] Voice 18: 2076 edition of the pender post as per ltc's direction there's a copy of the complete public

[0:58:05] Voice 18: hearing binder available during this public hearing and it's located on the islands west

[0:58:09] Voice 18: trust website and there's also a copy of the public hearing binder available in the back of

[0:58:16] Voice 18: the room there on the table proposed bylaw number 235 would replace the official current community

[0:58:22] Voice 18: plan number 171 development permit area 7 raptor and heron nest section with an amended section

[0:58:30] Voice 18: that updates DPA provisions.

[0:58:32] Voice 18: The update will better align

[0:58:33] Voice 18: with more recent provincial best practices

[0:58:35] Voice 18: for raptor and herring conservation

[0:58:37] Voice 18: and replaces the existing Schedule O map

[0:58:39] Voice 18: with a new Schedule O map

[0:58:41] Voice 18: that shows proposed updated nest tree locations

[0:58:45] Voice 18: and their associated buffer areas

[0:58:47] Voice 18: based on provincial guidelines.

[0:58:49] Voice 18: Proposed bylaw was referred to Parks Canada,

[0:58:52] Voice 18: Ministry of Housing and Municipal Affairs,

[0:58:54] Voice 18: Ministry of Water, Land and Resource Stewardship,

[0:58:57] Voice 18: Wildlife Branch,

[0:58:58] Voice 18: the Pender Islands Parks and Recreation Commission,

[0:59:00] Voice 18: the Islands Trust Conservancy,

[0:59:02] Voice 4: the Pender Islands Conservancy,

[0:59:04] Voice 18: the Capital Regional District Building Inspection

[0:59:06] Voice 18: and Planning Protective Services Departments,

[0:59:09] Voice 18: the Maine, Saturna, South Pender,

[0:59:11] Voice 18: and Salisbury Islands Local Trust Committees for comment.

[0:59:13] Voice 18: It was also referred to Couch of Tribes,

[0:59:16] Voice 18: the Halal First Nation,

[0:59:17] Voice 18: the Lai Aksin First Nation,

[0:59:19] Voice 18: the Malahat First Nation,

[0:59:21] Voice 18: the Pacuachin First Nation,

[0:59:22] Voice 18: the Penelika Tribe,

[0:59:24] Voice 18: the Semiyama First Nation,

[0:59:25] Voice 18: the Sinaymix First Nation,

[0:59:27] Voice 18: First Nation, the Subasut First Nation, the Sartland First Nation, the Seau First Nation,

[0:59:35] Voice 18: the Tsawwassen First Nation, the Sakem First Nation, and the Wausau Leadership Council

[0:59:39] Voice 18: for Toronto. We've received two public submissions as of yesterday, as of today, really.

[0:59:50] Voice 18: Thank you.

[0:59:52] Trustee Maude: Back over to you, Chair.

[0:59:53] Trustee Maude: Thank you.

[0:59:54] Trustee Maude: all right so submissions can be made at any time during uh during and until close to hearing if any

[1:00:00] Trustee Maude: submissions are received during the meeting, we will pause prior to closing to ensure the

[1:00:03] LTC has

[1:00:04] Trustee Maude: the time to review those submissions. I invite all members of the public who wish

[1:00:08] Trustee Maude: to speak to raise their hand. Please state your name prior to making comments. After

[1:00:15] Trustee Maude: your presentation, the LTC trustees may ask you questions, but they are primarily here

[1:00:19] to listen and will not debate the issues with you. I will call three times for speakers

[1:00:24] before closing the hearing, at which point no written or oral submissions can be made.

[1:00:32] Voice 18: I just add to that. I'm going to add a list here. If you come up when you speak, if you

[1:00:35] Voice 18: could just write your name down, that would be really helpful for us.

[1:00:45] Voice 3: So does anybody wish to speak?

[1:00:47] Voice 3: Yeah, I hope you'll like to speak for my chair. I was sad.

[1:00:55] Voice 3: My name is Bob Bolton. I'm the president of the Manifest Department in the Society of

[1:01:05] Voice 3: regarding it particularly i'm going to touch on the fact that in the 2005 document

[1:01:14] Voice 3: and a few sections on best management practices for doing this kind of thing and section 8

[1:01:22] Voice 3: describes how the community support to education

[1:01:44] and

[1:01:45] Voice 3: we will be sending a petition to the minister to deny this because it does not have enough

[1:01:55] Voice 3: support in with things. Secondly, we actually are

[1:02:04] Voice 18: disagreeing with science. We disagree with the

[1:02:09] Voice 18: science of the provinces, but quite a lot

[1:02:11] Voice 3: of studies, one that we've been thinking about

[1:02:14] Voice 3: just to show you, is from 2013. In fact, that all the better and are more productive

[1:02:24] Voice 3: the human activity around lessening that activity whatever it's counterproductive

[1:02:37] it's gone to a generational process of eventually

[1:02:40] you're living with humans after

[1:02:45] Voice 3: that is now and it's not good for people um

[1:02:52] Voice 3: that study the third one is down in the exhibition

[1:02:55] Voice 3: and the third study is a contingent of a bunch of other studies and uh anyway so

[1:03:09] Voice 3: we're disputing the science we're disputing the support and and we'll be challenging the

[1:03:18] Voice 3: ministerial level so take a step back take a look at

[1:03:24] Trustee Maude: exactly where thank you thank you so i just

[1:03:27] Trustee Maude: Just note, Lisa Millard, you have your hand up.

[1:03:32] Voice 14: Thank you, Chair Maud.

[1:03:33] Voice 14: If the speakers are not able to come towards the mic,

[1:03:37] Voice 14: could we please ask them to speak loudly

[1:03:40] Voice 14: towards the microphone?

[1:03:42] Voice 14: The last speaker's comments were barely heard

[1:03:46] Voice 14: and most of them weren't heard actually.

[1:03:49] Trustee Maude: Okay, thank you.

[1:03:50] Trustee Maude: So just for information,

[1:03:51] Trustee Maude: that nice little round thing sitting on the desk

[1:03:54] Trustee Maude: is the microphone.

[1:03:55] Trustee Maude: So the closer you are to that,

[1:03:57] Trustee Maude: the better you are going to be heard.

[1:03:59] Trustee Maude: so and I appreciate you can't get up but if anybody else does switch to speak if you could

[1:04:04] Trustee Maude: come up maybe just stand by the camera um then we'll pick you up loud and clear okay just to

[1:04:09] Voice 18: say that you guys already have this submission I sent it to uh thank you for yesterday I believe

[1:04:16] Voice 18: so when you're

[1:04:17] Trustee Maude: done on the record I'm just going to people over here thank you very much

[1:04:22] Trustee Maude: okay anybody else wish to speak bring

[1:04:34] Voice 18: a chair up if you could put your name on the

[1:04:40] Voice 18: Morning.

[1:04:47] Voice 16: My name is Jonathan Leteplo. My spouse, Suzanne, and I own 4206 Armadale Road, and

[1:04:55] Voice 16: there's a new Raptor's Nest DPA proposed for our property, and I'm not sure if it's been

[1:05:01] Voice 16: renumbered but I think originally it was number 53. We filed a letter with the

[1:05:08] Voice 16: trust dated November 22nd 2024 providing a number of facts that in our submission

[1:05:14] Voice 16: demonstrated that a DPA is not warranted that continues to be our position. None

[1:05:20] Voice 16: of those facts have changed in the year and a half that's gone by since we put

[1:05:24] Voice 16: that letter in. There's still no eagles nest in the tree, there's still no eagles

[1:05:30] Voice 16: nest under construction there's no evidence of any stick placement in the tree and we have not

[1:05:35] Voice 16: been provided with any documentation showing that there was at some point in the past a nest in the

[1:05:42] Voice 16: tree or when it potentially came down as we're told in a storm apparently and what may have

[1:05:49] Voice 16: happened to the downed nest when it did so the bottom line is there is no nest in the tree today

[1:05:55] Voice 16: or evidence of any nesting activity that we've seen.

[1:05:58] Voice 16: There has not been a nest in the tree or any evidence of any nesting activity in the tree

[1:06:03] Voice 16: since we started viewing the property, as I said earlier, to purchase it in August of 2020.

[1:06:08] Voice 16: When we applied for our building permit in mid-2021 to build a cottage on the property,

[1:06:14] Voice 16: we weren't advised by trust staff that there was a nest tree on the property

[1:06:18] Voice 16: or that there was any concern with that.

[1:06:20] Voice 16: And as we say in our letter, we searched diligently through all of the information and documentation on the trust website concerning potential DPA types that could have affected the property at the time.

[1:06:34] Voice 16: And we confirmed, for example, that there was no Raptor Nest DPA on the property or any known Raptor Nest sites on the property at all.

[1:06:42] Voice 16: So based on these facts, we continue to submit that there's no basis for imposing a new DPA, which would place onerous conditions on our ability to continue to develop our property and negatively affect the property's value.

[1:06:56] Voice 16: The province has regulations in place to protect raptor nest trees, and if a raptor nest is ever developed in any of our trees, then we'll obviously be bound by those requirements.

[1:07:07] Voice 16: And someone mentioned earlier about that this drove people to cut down trees.

[1:07:13] Voice 16: That didn't even enter our minds with this tree.

[1:07:18] Voice 16: There is a bunch of very old Douglas fir trees all across our property and cedar trees.

[1:07:27] Voice 16: And that was one of the reasons we purchased the property because we love trees.

[1:07:30] Voice 16: trees. But in this case, there's no nest present or any evidence of a nest being constructed

[1:07:39] Voice 16: or any documented evidence that we've been provided with that a nest was present in the

[1:07:44] Voice 16: past and if so, how it came down under what circumstances and what that means for the

[1:07:49] Voice 16: ongoing viability of this tree as a potential nest tree. We submit that the provincial regulations

[1:07:55] Voice 16: are more than sufficient to protect and it's unnecessary for a DPA to be

[1:07:59] Voice 16: imposed on our property. So for these reasons, and I'm trying not to repeat

[1:08:04] Voice 16: what was in our rather lengthy letter that we filed in November

[1:08:07] Voice 16: 2024, we continue to request respectfully that

[1:08:11] Voice 16: DPA 53 be removed from the bylaw

[1:08:15] Voice 16: amendment. Thank you.

[1:08:21] Voice 3: Anybody else wish to

[1:08:23] Voice 3: could be specifically to that issue.

[1:08:29] Voice 3: Yes, so please come forward.

[1:08:42] Voice 8: Dave Manning, been on the panel for 22 years.

[1:08:46] Voice 8: I've been monitoring bowery eel nests and

[1:08:49] Voice 8: nest eagles generally for just over 20 years.

[1:08:54] Voice 8: On this particular nest,

[1:08:56] Voice 8: the last bylaw,

[1:08:58] Voice 8: it's not on the first mapping

[1:09:01] Voice 8: because first mapping was done in 2007.

[1:09:06] Voice 8: and i discovered this nest in march of 2008 and it was just had been built it was active

[1:09:15] Voice 8: it was active in 2008 and 2009 and since 2009 it has not been active at all the nest was confirmed

[1:09:26] Voice 8: mostly down in 2021 and last time i was there was several months ago with the biologist that

[1:09:34] Voice 8: the report. He did see a few sticks up in a tree there. And so that's why he said it's

[1:09:41] Voice 8: probably still a viable tree that we may come back and build a nest there. But I haven't

[1:09:47] Voice 8: been there for a while, so I don't know exactly if there are even any sticks left at all there.

[1:09:53] Voice 8: So I doubt, we don't know what eagles do. You know, they

[1:09:58] Voice 1: may come back, they may not.

[1:10:00] Voice 8: but uh i believe there's another nest along the line somewhere there probably off your property

[1:10:06] Voice 8: and uh who knows what mind of an eagle would like who knows but if they nested there once

[1:10:14] Voice 8: maybe they'll nest there again so can

[1:10:17] Voice 16: i ask you according to your records and i think that's the

[1:10:21] Voice 16: second date when it wasn't active anymore it

[1:10:25] Voice 8: started not being active in 2010 since then it is

[1:10:30] Voice 8: According to my observation, it's not been active. I skipped some years because I was busy doing other things.

[1:10:38] Voice 8: But I definitely can tell that the nest was down on March 6th.

[1:10:42] Voice 15: Most of the nests.

[1:10:45] Voice 8: It's interesting with this pair of eagles, they had this nest that I'm talking about on Pender.

[1:10:51] Voice 8: They also had another nest over in Maine, the same pair of eagles.

[1:10:55] Voice 8: Because we have data and observations that prove that. So we're on a property that you can see

[1:11:02] Voice 8: basically from your probably the telescope so this is a wealthy pair of eagles they had two islands

[1:11:09] Voice 8: now information is the nascar main came down i have no idea whether they're nesting on maine

[1:11:17] Voice 8: now or nesting somewhere else along the shore thank you

[1:11:22] Voice 16: so could i just add for that so i i

[1:11:27] Voice 16: i said to our knowledge there hasn't been a mass since 2020. um we've been there since 2020.

[1:11:34] Voice 16: maybe david hadn't looked at it before but i'll tell you there was no necessarily

[1:11:40] Voice 16: 2020 or i would have been all over that um as a potential purchaser um but what he's saying is

[1:11:47] Voice 16: from his record since 2020 or 2010 so that's 16 years now um it hasn't been it hasn't been active

[1:11:58] Voice 16: So that just says there's a longer period of time if they haven't been asked to there

[1:12:03] Voice 16: in 16 years again I'm wondering why we would put this site on it's a DPA because maybe

[1:12:11] Voice 16: the use at one point but it hasn't been

[1:12:13] Voice 18: used since so thank you.

[1:12:17] Voice 18: I would add that there is an exemption that would permit with the reinstate from a professional

[1:12:23] Voice 18: biologist for a relevant experience saying that the proposed work would have no impact on any

[1:12:27] Voice 18: raptor or air nesting site so i think in a case like you were true that could apply and then

[1:12:32] Voice 18: you could get an exemption required anybody

[1:12:39] Trustee Maude: else wish to speak my

[1:12:48] Voice 18: name is mark hyas i live at 1604

[1:12:51] Voice 18: for storm present um what is my concern is the map seems to be keeps being added to what is the

[1:13:05] Voice 18: mechanism to formally take things off that does not require an expense on the part of the property

[1:13:11] Voice 18: owner that should be included at a minimum within the policy that there should be a simple mechanism

[1:13:21] Voice 18: to revise an area, a DPA,

[1:13:25] Voice 18: so the onus is not on the property owner

[1:13:27] Voice 19: to update.

[1:13:29] Voice 19: Thank you.

[1:13:36] Voice 6: Leslie Hyas, also 16-4 Storm Crescent.

[1:13:42] Voice 6: What Mark isn't saying is that he worked for many years

[1:13:46] Voice 6: as a sustainability consultant,

[1:13:49] Voice 6: and I am very passionate about the environment,

[1:13:53] Voice 6: and we moved to Pender to be with other like-minded people

[1:13:58] Voice 6: who want to live in a natural environment

[1:14:01] Voice 6: and be good to our earth and our planet.

[1:14:06] Voice 6: And we also spent our life savings to be here,

[1:14:09] Voice 6: to have a home that we could retire in

[1:14:12] Voice 6: and feel like we were living in the place we belonged.

[1:14:17] Voice 6: And we have found that all of our neighbors,

[1:14:20] Voice 6: everyone we've met on Pender are very like-minded.

[1:14:23] Voice 6: um there's always going to be a bad apple there's always going to be someone who doesn't respect

[1:14:30] Voice 6: um the bylaws or the rules we are the extreme opposite we have voluntarily been removing the

[1:14:38] Voice 6: invasive species um working with the conservancy to make sure what we plant is native and friendly

[1:14:46] Voice 6: um we've been doing the dark skies um i get incredible pleasure from sitting on the deck

[1:14:53] Voice 6: and watching the eagles from the nest on the adjacent property fishing um i hear the babies

[1:15:00] Voice 6: in the morning chirping away this is why i'm here is we love this place and we respect it and we are

[1:15:08] Voice 6: are treating it with the love and respect that it deserves.

[1:15:14] Voice 6: And I really appreciate the existence of the Islands Trust.

[1:15:17] Voice 6: We're here because of people like you.

[1:15:20] Voice 6: But I will also say, this is our forever home.

[1:15:26] Voice 6: It took everything we had to come and have our dream home.

[1:15:31] Voice 6: But it needs work.

[1:15:34] Voice 6: We've got renovations to do.

[1:15:36] Voice 6: We've got a carport we need to build.

[1:15:38] Voice 6: we will do that as respectfully as possible because of our neighbors and just the people we

[1:15:45] Voice 6: are but this expanded zone is in my mind unnecessary yes the people who live here

[1:15:56] Voice 6: believe in protecting the species i don't think there's a comprehension of what this is about

[1:16:05] Voice 6: out. You ask people, do you want to protect raptors? Absolutely. But I don't think anyone

[1:16:12] Voice 6: really grasps the impact of this expanded zone. I think you're going too far. You don't need to

[1:16:22] Voice 6: punish Magic Lake Estates. The people who are living here embrace this island and are trying to

[1:16:30] Voice 6: keep it natural. We're not trying to overdevelop and destroy it. No matter how many rules you put

[1:16:36] Voice 6: in place you will always have someone who tries to skirt those rules don't punish the

[1:16:42] Voice 6: rest of us that are here because we love this place thank you thank you

[1:16:49] Voice 18: expanded zone with the seasonal yeah we're

[1:16:53] Voice 18: in it now we

[1:16:54] Voice 6: weren't before we will be now

[1:16:58] Voice 3: thank you anybody else wish to make a service my

[1:17:05] Voice 5: name is helen jordan um 1601 schooner way

[1:17:09] Voice 5: I'll just write my name here I can't speak and write and get it right so there we go I just

[1:17:18] Voice 5: wanted to basically support what Bob said about the Magic Lake Estates we understand that the

[1:17:24] Voice 5: Islands Trust was created because of Magic Lake Estates and you didn't want this kind of

[1:17:29] Voice 5: development happening in all the islands I would respectfully submit that Magic Lake Estates was

[1:17:37] Voice 5: was done beautifully.

[1:17:39] Voice 5: The houses were not cheek by jowl with lots of people

[1:17:44] Voice 5: and tiny little lots.

[1:17:46] Voice 5: They're big lots.

[1:17:47] Voice 5: They've got lots of trees.

[1:17:49] Voice 5: We have an eagle's nest two doors over,

[1:17:52] Voice 5: which is actually quite a distance away from us,

[1:17:55] Voice 5: but still within your now-expanded seasonal zone

[1:18:00] Voice 5: so that we would not be able to do anything

[1:18:04] Voice 5: that would cause any noise for half the year uh given the science that bob has um brought forward

[1:18:15] Voice 5: there is real evidence to suggest that eagles quite like having us around that it's actually

[1:18:22] Voice 5: beneficial to them that they they are more active they breed more we have a we love uh as leslie

[1:18:32] Voice 5: was saying we love watching the eagles hunt in front of our property we perch in our trees

[1:18:36] Voice 5: they are very happy to have us around and we feel that the sense of community about this island

[1:18:46] Voice 5: is something that makes it unique the fact that magic lakes is here means that there are enough

[1:18:53] Voice 5: of us like-minded people that we create a community that supports one another supports

[1:18:58] Voice 5: supports the environment, and supports this island makes it, it brings it alive. And if you look

[1:19:07] Voice 5: carefully at the science regarding eagles, you will recognize that the huge boundaries just

[1:19:13] Voice 5: aren't necessary, and it will just make it particularly difficult for those of us in

[1:19:18] Voice 5: Magic Lake Estates. Just wanted to make sure that you're aware that this is an amazing island.

[1:19:28] Voice 5: The sense of community is beyond anything I've ever experienced anywhere else in my life.

[1:19:34] Voice 5: And we will work together to keep it what it is.

[1:19:41] Voice 5: Just try not to make that difficult.

[1:19:46] Voice 5: Thank you.

[1:19:52] Voice 4: You know, of

[1:19:57] Voice 7: course, it's about

[1:20:03] Voice 4: these barriers.

[1:20:05] Voice 5: We're sending it, I think, throughout the world.

[1:20:10] Voice 8: eagles are very uh committed to their territories once they have a territory they do not want to

[1:20:16] Voice 8: leave not just the way it is uh this territory of yours this is the third nest in the last few years

[1:20:24] Voice 8: they've lived in they don't want to leave that area they moved up now up the slope from you

[1:20:33] Voice 8: and last year they built a nest they didn't lay eggs who knows why any restrictions you have

[1:20:43] Voice 8: if they decide not to lay eggs i'm sure a registered biologist that would come to business

[1:20:50] Voice 8: and examine it would uh allow pretty much anything to happen i don't know i can't say that but

[1:20:58] Voice 8: uh we're concerned about really loud noises that's not disturbing people i can tell you

[1:21:06] Voice 8: I can only speak from personal experiences. There was a nest near Holt Bay, a huge property.

[1:21:16] Voice 8: The owner clear cut right up to the base of the eagle tree because there were no restrictions.

[1:21:21] Voice 8: The eagles abandoned the nest, they moved farther down the coast in their same territory,

[1:21:26] Voice 8: they're not going to go into a territory without an eagle because there's fierce battles and

[1:21:35] Voice 8: So they've been successful with this new nest for quite a few years.

[1:21:42] Voice 8: There's another eagle nest down on South Bender, doesn't apply to the bylaw, but a house began

[1:21:50] Voice 8: to be constructed two years, two summers ago, and they were blasting, making a road in.

[1:21:56] Voice 8: They were going to build a huge house down by the water.

[1:21:59] Voice 8: There was a nest within a hundred meters of that house where they were building.

[1:22:04] Voice 8: eagles abandoned the nest disappeared i have a monitor watching that nest from her living room

[1:22:10] Voice 8: with the scope on it they didn't come back last year they didn't come back the year before and

[1:22:16] Voice 8: they so far have not come back this year where are they did they build another nest i don't know

[1:22:22] Voice 8: i don't think so uh but they abandoned that site so that's just what can happen uh there's another

[1:22:29] Voice 8: other property up on Oaks Bluff. Four years ago, they were active until four years ago

[1:22:36] Voice 8: in their nest. A helicopter came into the neighborhood, a private helicopter on the

[1:22:41] Voice 8: bluff. I have no idea if that ain't due to the people abandoning that nest, but they

[1:22:47] Voice 8: abandoned the nest to get my eggs four years ago, three years ago, two years ago. And I'm

[1:22:54] Voice 8: looking to see if they're going to use the nest this year. However, a house is now being

[1:23:00] Voice 8: constructed on the loft next to it, which falls outside of the current DPA. And who knows,

[1:23:08] Voice 8: I don't know if they build a nest anywhere else. Because the main thing about eagles is that they

[1:23:13] Voice 8: build nests in huge trees. They got to have those big, they're all, every nest they'll enter,

[1:23:18] Voice 8: as I know, is in a Douglas fir tree. Very strong solid branches support those huge heavy nests.

[1:23:25] Voice 8: and once the branch breaks that nest goes down for the most part they can't build in that same tree

[1:23:31] Voice 8: so they go in their same territory looking for another tree to build in but we don't have very

[1:23:37] Voice 8: many of those big douglas fir veteran trees left on the island and not just any old big tree will

[1:23:43] Voice 8: do it's got to have just the right branches to support those heavy nests so i think the problem

[1:23:49] Voice 8: in the future with eagles is going to be lack of trees to build nascar and i think we're going to

[1:23:54] Voice 8: be seeing i've already seen a decrease in eagles on the pender in the last 20 years so i think

[1:24:02] Voice 8: we don't protect particularly the big trees we're going to lose our eagles eventually maybe not in

[1:24:08] Voice 8: our lifetime but as i said i've already seen some uh that's a decrease in nesting of eagles on north

[1:24:20] Voice 4: anybody else ken

[1:24:31] Voice 18: rimple dan and crescent uh question sorry what's your name dave dave so

[1:24:37] Voice 18: we built a house i did mostly on my own for four or five years eagles are like this every day

[1:24:44] Voice 18: coming at me going over me uh and now it's like increasing eagle activity like we have

[1:24:54] Voice 18: six, seven that are, and I don't know where they're nesting, it isn't the tree that's on the map,

[1:25:02] Voice 18: I don't know how big the territory is. You

[1:25:04] Voice 8: can say Cannon Crescent.

[1:25:05] Voice 18: Cannon Crescent, yeah.

[1:25:06] Voice 8: There used to be a nest there when I first started monitoring, and right onto the Crescent,

[1:25:13] that huge tree you can see as you turn onto the Crescent. Yeah. But it hadn't come down,

[1:25:19] but an eagle moved to a tree to the right down the shoreline in that same territory.

[1:25:24] Voice 8: towards the, sorry, Book Nook? Towards the, yeah, to the right from Shoreline. They built

[1:25:33] a nest there, it's the best nest on the island to look into, and I enjoy eagles, I've been

[1:25:39] there quite a lot. The very, within a few months, the nest came down. It's like they

[1:25:46] had this intuition, this nest was going to collapse, and it certainly did. Now they've

[1:25:51] been at this new nest for 18 years. So this is just yesterday, I was at that nest that

[1:25:59] Voice 8: I'm talking about. Both pairs of eagles were there. One of them is incubating two eggs.

[1:26:07] Voice 8: The mate was nearby. All of a sudden I hear all this squawking. The mate comes, flies,

[1:26:12] Voice 8: lands on the nest with the incubator. Here comes an interloping bald eagle, an adult,

[1:26:18] Voice 8: certainly. The pair on the nest is squawking and squealing. I've got a little video of

[1:26:23] Voice 8: actually, and then the incubator got up off the eggs, went and circled with the

[1:26:29] Voice 8: interloper, there was no physical contact, circled with it for a few minutes, the mate got

[1:26:35] Voice 8: on the eggs, and then the interloper disappeared. So we don't know, there are

[1:26:40] Voice 8: eagles around that don't have territories, that maybe don't have mates. That very nest

[1:26:45] Voice 8: that I'm talking about, one of the mates was killed a few years ago by an interloper and he

[1:26:51] He came and took his place next to the other eagle and refused to feed the chick that was

[1:26:56] already

[1:26:57] Voice 8: in the nest because he didn't want any of his genes.

[1:26:59] Voice 8: He only wanted his genes in the nest, so the chick died.

[1:27:04] Voice 8: Anyway, there's a lot of drama around eagle fans, but they could be coming from an island

[1:27:10] Voice 8: across the way.

[1:27:12] Voice 8: I've seen eagles fly in from like...

[1:27:14] Voice 18: Like to fish along the front.

[1:27:16] Voice 8: Yeah, they fish along the front.

[1:27:18] Voice 18: Yeah.

[1:27:20] Voice 18: Thank you.

[1:27:20] Voice 18: Thank

[1:27:21] Voice 4: you very much.

[1:27:29] Voice 12: My name is Mick Collins, 2621 Gallium Way, part-time resident.

[1:27:38] Voice 12: I haven't looked at all the maps or studies,

[1:27:42] Voice 12: but being a kind of volunteer scientist, mainly in Victoria,

[1:27:50] Voice 12: do we have an inventory of this highly specialised big trees

[1:27:55] Voice 12: for both North and South Pender.

[1:27:58] Voice 12: I don't think the eagles recognize the difference

[1:28:02] Voice 12: between North and South Pender.

[1:28:05] Voice 12: So it seems to me if we're going to have policy

[1:28:08] Voice 12: based on the habitat requirements of eagles,

[1:28:13] Voice 12: we better have a really good inventory of suitable trees in our parks.

[1:28:19] Voice 12: Now, we're blessed on both of these islands

[1:28:22] Voice 12: as having a pretty large percentage of parkland which has not been recently locked.

[1:28:30] Voice 12: So before we start putting strong policies in place,

[1:28:38] Voice 12: it seems to me we have to have a really good understanding of the habitat

[1:28:44] Voice 12: that's available not only on North Pender but South Pender as well.

[1:28:49] Voice 12: And while you're at it, I mean, if they're doing the same thing on Maine, not far to fly over there.

[1:28:56] Voice 12: So we tend to be very focused on arguments within a dense area of Magic Lake.

[1:29:04] Voice 12: But for the understanding of the habitat requirements of eagles, you'd have to have a pretty good idea of their territories.

[1:29:13] Voice 12: And I certainly respect this gentleman here and what he's been doing.

[1:29:17] Voice 12: but you need to have a really good map map of and inventory of the limited places where

[1:29:25] Voice 12: they can build their nests and the population trends so um i do a lot of work on the fisheries

[1:29:33] Voice 12: in our creeks and our lakes on the other side and i can tell you that eagles fishermen and eagles i'm

[1:29:41] Voice 12: conservation director for Victoria Golden Roads and Reels, eagles are very adept at coming down

[1:29:48] Voice 12: and swooping our anglers fish away from them, even sometimes when they're on the line. So

[1:29:55] Voice 12: I'm certainly been

[1:30:00] Voice 12: since day one, actually, of the Islands Trust, early 70s,

[1:30:05] Voice 12: been as a part of what you're doing.

[1:30:07] Voice 12: But it has to be predicated on good science

[1:30:11] Voice 12: before you start further restricting rights

[1:30:14] Voice 12: in areas that have been quite highly developed.

[1:30:19] Voice 12: And, you know, Magic Lake Estates was the big reason

[1:30:24] Voice 12: why this Islands Trust was set up.

[1:30:28] Voice 12: that scared the heck out of everybody. Well I can tell you as having on property here that

[1:30:34] Voice 12: it's a very well developed caring community that has the critical mass to support good sewer, good

[1:30:42] Voice 12: water, good septic systems and within the limits of one acre and half acre lots is doing a pretty

[1:30:50] Voice 12: good job. So the last thing we need is more alienation between the islands trust. We've

[1:30:58] Voice 12: got enough of that going on around the policy statement so let's get this policy right um by

[1:31:04] Voice 12: having kind of inventory if it doesn't exist already let's let's do some more inventory

[1:31:11] Voice 12: thank you thank you

[1:31:14] Voice 19: anybody else if

[1:31:22] Voice 18: you could speak up please bob just a quick point for plans

[1:31:25] Voice 18: that i've been sitting here going through the denial of all of their physical community plans

[1:31:32] Voice 18: I found four that have no reference to raptors whatsoever.

[1:31:37] Voice 18: The rest only deal with trees that have been nested.

[1:31:42] Voice 3: There's no mention of potential, no mention of past trees, just the ones that exist.

[1:31:49] Voice 3: One of them, one had a 100-tater, he ate some for parents, and 60 for the people that lived

[1:31:59] and uh the

[1:32:00] Voice 16: other one had a seasonal variation on the size yeah i'm sorry

[1:32:05] so it's

[1:32:08] Voice 3: a bit of a correction that depends who's which area in the mountain district why

[1:32:13] are you looking at four of them don't do epa so it's

[1:32:17] Voice 3: about raptor nest so thank you thank you

[1:32:22] Trustee Maude: anybody else okay so i'm going to go through another formal part just to

[1:32:29] Trustee Maude: to include this. So we will now proceed to close the public hearing. Please don't have

[1:32:34] Trustee Maude: the public hearing closed as the trustee will no longer be able to receive public submissions

[1:32:38] Trustee Maude: prior to making the decision. So I'll ask for a first time, are there any more speakers?

[1:32:43] Voice 18: I have just one thing I want to know. Is it the trustee's intention to proceed today with

[1:32:50] Voice 18: second and third reading after this

[1:32:52] Trustee Maude: public meeting and what they've listened to?

[1:32:56] Trustee Maude: It's later on in the agenda, where it's on the agenda, and that's where the trustees

[1:33:00] Trustee Maude: make a decision whether to proceed or not.

[1:33:03] Trustee Maude: Absolutely.

[1:33:04] Trustee Maude: Okay, thanks.

[1:33:05] Trustee Maude: It shouldn't be too long, but it is later on in the agenda where that actually

[1:33:08] Trustee Maude: is taking place.

[1:33:09] Trustee Maude: Thank you.

[1:33:11] Trustee Maude: I'll ask for a second time, are there any more speakers?

[1:33:14] Trustee Maude: Sorry,

[1:33:18] Voice 18: I've spoken already.

[1:33:19] Voice 18: Mark, I have a quick question.

[1:33:20] Voice 18: So on the seasonal zone, how restricted is that?

[1:33:28] Voice 18: Does that mean we can't cut our lawns, use our blowers, clean our leaves,

[1:33:34] Voice 18: clean our gutters with the power washer?

[1:33:36] Voice 18: What

[1:33:36] Trustee Maude: does that really mean?

[1:33:39] Trustee Maude: Okay, well, the question I asked was the previous part, but maybe Planner Smith.

[1:33:44] Trustee Maude: You're definitely going to be able to cut your lawn.

[1:33:46] Trustee Maude: Sorry, I shouldn't have asked.

[1:33:49] Voice 18: Just let me sit

[1:33:49] Voice 3: and have a good thought.

[1:33:51] Voice 3: I assume they are still working.

[1:33:53] Voice 3: Well,

[1:33:56] Trustee Maude: it's page 85 of this agenda.

[1:34:00] Trustee Maude: Apologies, Chip.

[1:34:02] Trustee Maude: No worries.

[1:34:04] Trustee Maude: We're very flexible.

[1:34:07] Voice 4: I hope.

[1:34:12] Voice 18: Chapiz?

[1:34:18] Voice 3: So just what was your question again?

[1:34:20] Voice 3: So

[1:34:21] Voice 19: how restrictive...

[1:34:24] Voice 19: Well, maybe I can pose it the other way.

[1:34:26] Voice 19: The

[1:34:26] Voice 18: increment in temporary zone

[1:34:30] Voice 18: should not be punitive on normal household activities that require outdoor maintenance,

[1:34:40] Voice 18: pressure washers, lawn mowers, and the like.

[1:34:43] Voice 18: So the applicability would be a type of subdivision during construction of,

[1:34:49] Voice 18: addition to, or alteration of a building or structure, or land alteration.

[1:34:55] Voice 18: so cutting your lawn so in your bushes all of those things are but if you're digging a trench

[1:35:03] Voice 18: or you're putting in a driveway or you're building an accessory building or you are making a base

[1:35:10] Voice 18: to building all of those kinds of things or if you're subdividing those are the kinds of things

[1:35:16] Voice 18: that would drive us any so that that's applicability for for for seasonal or non-seasonal

[1:35:23] Voice 18: buffer that's a general that's the general

[1:35:25] Voice 18: ability okay thank you and then and then beyond that there

[1:35:29] Voice 18: are a number of exemptions that would further uh exempt you from the requirement including

[1:35:37] Voice 18: i speak specifically to garden and urine maintenance uh removal of dangerous trees

[1:35:42] Voice 18: uh et cetera et cetera or even we uh uh for the seasonal buffer in in trying to in trying to

[1:35:51] Voice 18: To address some of the concerns of the community, we added Exemption N that speaks to the construction

[1:35:58] Voice 18: or placement of a small accessory building or structure, such as a pump house, gazebo,

[1:36:02] Voice 18: garden shed or storage structure, all of the following apply.

[1:36:06] Voice 18: Accessory building or structure is located within the seasonal buffer, no native trees

[1:36:10] Voice 18: are removed or land altered, no building permit is required.

[1:36:14] Voice 18: The total area for coverage of the accessory building or structure is less than 10 meters

[1:36:18] Voice 18: square.

[1:36:19] Voice 18: You could still even be building your small shed without any requirement for it.

[1:36:26] Voice 18: What about emergency septic field repair?

[1:36:30] Voice 18: Emergency septic field repair would be probably requiring a permit, but if it's emergency

[1:36:41] Voice 18: septic repair then it's probably something that we could deal with retroactively if it's

[1:36:48] Voice 18: you know an American situation obviously

[1:36:50] Voice 19: you have to deal with your own story. Thank you.

[1:36:54] Trustee Maude: Thank you. Okay so we're asking for a third time are there any more speakers?

[1:37:01] Voice 5: Could I just add

[1:37:05] Voice 5: Helen Gordon again I just wanted to make sure that you had read the science regarding eagles

[1:37:11] Voice 5: because eagles

[1:37:11] Voice 5: are the ones that affect most of us on the island and they don't seem to need

[1:37:18] Voice 5: 200 meters worth of space to thrive thank you thank

[1:37:23] Trustee Maude: you this is now the final opportunity for

[1:37:28] Trustee Maude: you to hand in a written submission to local trust committee once the hearing is closed

[1:37:32] Trustee Maude: no additional submissions will be accepted

[1:37:35] Voice 8: mr

[1:37:37] Trustee Maude: ranning i'd

[1:37:39] Voice 8: be happy to meet with any of you

[1:37:41] Voice 8: who are anybody else who's not here about eagle best honor near your properties giving the history

[1:37:48] I'm not a registered biologist, I didn't write report files for us, I'm just a citizen scientist

[1:37:54] that likes birds.

[1:37:57] Voice 8: But I'd be happy outside or anywhere at your house to talk about, based upon what I know

[1:38:03] Voice 8: about the event.

[1:38:05] Voice 8: Thank

[1:38:06] Trustee Maude: you Mr. Bennett.

[1:38:08] Okay.

[1:38:08] So please be advised that we are now in the post-public hearing stage of the legislative

[1:38:12] review of the proposed File

[1:38:14] Trustee Maude: 235.

[1:38:15] Trustee Maude: the north federal trust committee can now no longer receive information

[1:38:19] Trustee Maude: pertaining to the proposed bylaws or you can still submit any outstanding

[1:38:22] Trustee Maude: questions and comments directly to the planner

[1:38:25] Trustee Maude: the LPCB give further readings to the bylaw or

[1:38:27] Trustee Maude: delete the bylaw or make minor amendments do not affect user density

[1:38:31] Trustee Maude: without further notice or hearings so at this point we will reconvene our

[1:38:37] Trustee Maude: meeting and move forward thank you very much

[1:38:40] Trustee Maude: everybody so we recall the board so we have on

[1:38:45] Trustee Maude: page four that's the best of page four of the invention so we have almost just 50 minutes

[1:38:51] Trustee Maude: dated january 30th 30th 2013 only 391. thank you for that encouragement you're the one with the

[1:39:00] Trustee Maude: 230 ferry so yeah uh so any uh comments additions uh concerns about the minutes all right so by

[1:39:10] Trustee Maude: general consent we will adopt those minutes um so we have a page 14 section 26 resolution

[1:39:17] Trustee Maude: about meeting reports for our receiving um and page uh 15 to 21 we had advisory planning

[1:39:25] Trustee Maude: commission stated february 13th and march 6th were received again our thanks to the abc members

[1:39:33] Trustee Maude: members who have given a lot of time and a lot of energy and some novel information to

[1:39:39] the local trust committee. We very much

[1:39:41] Trustee Maude: appreciate it. All the work you've done today, so thank

[1:39:43] Trustee Maude: you. All right, so we move on to page 22. We have a follow-up action list. Anything

[1:39:51] Trustee Maude: you plan to spend there, questions or trustees?

[1:39:53] Voice 18: The report, the only one

[1:39:55] Voice 18: that's outstanding is your delegation and all your

[1:40:00] Voice 18: thank you very much all

[1:40:04] Trustee Maude: right so we move to delegations we have at 13.1 uh we have the

[1:40:11] Trustee Maude: north pender housing advisory planning commission apc report so who is our friendly

[1:40:19] Voice 3: it's okay to grab the lecture oh absolutely

[1:40:39] Voice 1: I may however sit. Thank you for having us as a delegation. I'm Jay Gilbert. I'm currently the chair of the APC. Reflecting thoughts of the group.

[1:40:52] Voice 1: um wanted to thank the group as you noted there was a lot of work that went in um i've not been

[1:41:00] Voice 1: a member of the entire time i've been here for this is the third report i've been here for two

[1:41:06] Voice 1: um just like to thank the members who aren't here and contributed especially mike dine who spoke

[1:41:12] Voice 1: uh knowledgeably about uh rvs and other um uh housing usages on the island but also like to

[1:41:21] Voice 1: we thank Joyce and Peter who held the pen for writing these reports.

[1:41:25] Voice 1: That exorbitant effort,

[1:41:26] Voice 1: they gave shape and structure to our thoughts

[1:41:29] Voice 1: and musings, and I think the reports

[1:41:33] Voice 1: are strong because of their contributions.

[1:41:38] Voice 1: Senator Smith has just left, but I just want to thank Brad for the thoughtful

[1:41:41] Voice 1: way he included our findings in the staff report.

[1:41:45] Voice 1: I felt they were fair and transparent. We may disagree

[1:41:49] Voice 1: agree slightly on some of the outcomes or proposed next steps but uh I feel that the

[1:41:54] Voice 1: just complimenting you Brad may well

[1:41:59] Voice 4: listen to the case yeah

[1:42:00] Voice 1: um uh we may slightly disagree with

[1:42:05] Voice 1: some of the proposed next steps or outcomes but I felt that our report was well represented in

[1:42:10] Voice 1: in the staff report so uh our gratitude for that um I'm gonna give some more review comments

[1:42:16] Voice 1: Joyce is going to speak to some of the more specific outcomes in our report or findings of our report.

[1:42:24] Voice 1: I think you'll note from the genealogy of the three reports, this group is clearly attuned to the challenges that exist.

[1:42:31] Voice 1: We understand the need for some additional solutions on the island.

[1:42:39] Voice 1: But the true value is restricting hours because it can't find staff and have appropriate people speaks to the need.

[1:42:46] Voice 1: And I think we all experienced that.

[1:42:49] Voice 1: I think the reports, the first two reports clearly note,

[1:42:53] Voice 1: I think the third report does too, we're solution-oriented.

[1:42:57] Voice 1: We're not stick our head in the sand.

[1:43:00] Voice 1: We feel that there are things that need to be done in order to facilitate

[1:43:05] Voice 1: specifically worker housing and senior housing.

[1:43:09] Voice 1: And I think the second report in particular,

[1:43:13] Voice 1: particular um we came up with ideas um but as noted they were unfettered by the facts on the

[1:43:20] Voice 1: ground i mean i think we just had a really good discussion about ground truthing and i'm not going

[1:43:23] Voice 1: to violate the public hearing process by referring too much back to that but um there was ideas there

[1:43:31] Voice 1: was um observations and there was feelings about what would work best but as the report noted we

[1:43:38] Voice 1: We need to see the land suitability and build out analysis in order to validate those thoughts

[1:43:44] Voice 1: and that those documents, which I think are important documents, and I think the community

[1:43:49] Voice 1: should be interested in looking at those documents, came out in January subsequent to our second

[1:43:55] Voice 1: report, hence the need for the third supplementary report.

[1:43:58] Voice 1: report. What we found was that those studies forced us to re-evaluate and maybe give more

[1:44:09] Voice 1: specific shape to some of our more broad-based findings in the second report. What those studies

[1:44:15] Voice 1: show, and it became a bit more of a math exercise, North Pender Island, clearly the most dense island

[1:44:23] Voice 1: in the region, but it already has enough

[1:44:27] Voice 1: existing approved housing and the potential for housing

[1:44:31] Voice 1: to meet housing needs reports, which I know the provincial government has

[1:44:35] Voice 1: imposed, both from a zoning perspective

[1:44:39] Voice 1: and an approved OCP perspective,

[1:44:43] Voice 1: and whether that be through zoning,

[1:44:47] Voice 1: housing forms, or the ability to subdivide existing property. Those options are

[1:44:51] Voice 1: are in place. And we're challenged by that conclusion. I think we came into this, we're

[1:44:57] Voice 1: supportive of increasing the mix of housing options. So we believe that options like duplexes

[1:45:04] Voice 1: and triplexes, clustered homes, et cetera, would add to the spectrum of housing options and make

[1:45:11] Voice 1: housing more accessible for the needs that the island has to accommodate in order to continue

[1:45:17] Voice 1: to function. Workers housing being an example. We're also we regret I guess the 2018 decision

[1:45:27] Voice 1: to blanket add secondary suites in Magic Lake. We feel that contributes to an overhang and what the

[1:45:37] Voice 1: studies have shown is that the population on Pender through existing approvals could exponentially

[1:45:44] Voice 1: should be increased by a factor of two to three and we think that's problematic um like to

[1:45:51] Voice 1: complement a planner smith's report we believe that the needs identified in that report particularly

[1:45:57] Voice 1: to senior and worker housing um was well done um but we disagree with the need for broad-based

[1:46:07] Voice 1: solutions such as uh adus on top of secondary suites we think the best success and the opportunity

[1:46:13] Voice 1: for access comes from more focused areas of need and on site-specific areas.

[1:46:21] Voice 1: An example would be the expanded plum tree court, worker housing and the places that

[1:46:27] Voice 1: Planner Smith identified, fire halls, schools, and where workers who are contributing to

[1:46:35] Voice 1: that amenity have a place to stay at that amenity.

[1:46:39] Voice 1: The police station was another example.

[1:46:40] Voice 1: and what we're asking you to do is to do the same that broad-based solutions in the hope that there

[1:46:51] Voice 1: will be some take-up i think creates longer-term challenges as rights are given and land usages

[1:46:58] Voice 1: come into people's analysis of their decision to buy or not to buy the report from planner smith

[1:47:06] Voice 1: notes that there are some difficulties with managing caps or limits we feel like a cap is

[1:47:14] Voice 1: essentially in place already the magic lake water and sewer committee for example has already put a

[1:47:20] Voice 1: limit as of 2024 they feel that there's room for at most 10 and they've only approved

[1:47:28] Voice 1: the desire to look at three and then re-evaluate so in fact the cap is is already or throttling

[1:47:34] Voice 1: of that broad base solutions is already in place.

[1:47:41] Voice 1: So we're asking you to look at some of the analysis

[1:47:45] Voice 1: that has been provided.

[1:47:47] Voice 1: I think the math is compelling

[1:47:49] Voice 1: and we'd like to talk about more specific

[1:47:52] Voice 1: and targeted outcomes such as the England Church

[1:47:56] Voice 1: which has identified its willingness

[1:47:58] Voice 1: to take on some density

[1:48:00] Voice 1: in terms of providing needed housing forms

[1:48:04] Voice 1: and again Plum Tree Court which is running into both operational and capital funding challenges

[1:48:09] Voice 1: but there is a strong society there that is willing to contribute to the housing mix on

[1:48:15] Voice 1: Pender Island so with those overview comments I might turn it over to Joyce to speak to some

[1:48:22] Voice 1: of the options that we specifically identified.

[1:48:29] Voice 13: Thanks so I'm the vice chair of the APC and as

[1:48:35] Voice 13: And as Jay has said, we've done a lot of work on this.

[1:48:40] Voice 13: And we appreciate the reports that came out,

[1:48:43] Voice 13: the build-out and suitability analysis.

[1:48:46] Voice 13: Unfortunately, they were a little later

[1:48:48] Voice 13: because of unforeseen circumstances.

[1:48:52] Voice 13: But they really have changed how we approach this.

[1:48:58] Voice 13: And we are thankful that the APC and staff are agreed

[1:49:02] Voice 13: that the main template for flexible housing

[1:49:06] Voice 13: is just not applicable here on Pender.

[1:49:09] Voice 13: But what we want to do is talk about action item four,

[1:49:14] Voice 13: which is the ADUs and how we could implement them on Pender

[1:49:20] Voice 13: without impacting density,

[1:49:23] Voice 13: because that's the critical issue here.

[1:49:25] Voice 13: Right now, we've agreed that they create the type of housing

[1:49:31] Voice 13: that would be desirable if proper limits are in place.

[1:49:37] Voice 13: But if they're not, they simply add to the housing stock

[1:49:41] Voice 13: in a way that creates density that's already way beyond

[1:49:45] Voice 13: what should be contemplated.

[1:49:47] Voice 13: So what we are saying, first of all, is that we disagree.

[1:49:52] Voice 13: We feel that hard caps are an acceptable legal tool

[1:49:56] Voice 13: to control density and that they are neither difficult

[1:50:00] Voice 13: to implement when there's simply a matter of counting or unfair.

[1:50:06] Voice 13: First past the post has long been recognized as something that's legally acceptable.

[1:50:12] Voice 13: So, and it's important to remember that there's already 573 lots that are zoned for cottages,

[1:50:22] Voice 13: which are essentially a small unit of adding on to what's there.

[1:50:29] Voice 13: So, our recommendations, the options that we put forward are based on the numbers from the build-out analysis and the potential population that would come from what is in place right now in the zone.

[1:50:48] Voice 13: So, our existing population from the 2021 census was around 2,500, closer maybe to 2,700.

[1:51:00] Voice 13: The potential population increase without secondary suites is over 4,600.

[1:51:07] Voice 13: So it's essentially doubling.

[1:51:09] Voice 13: That's without secondary suites.

[1:51:12] Voice 13: When the bylaw was passed in 2018, it applied to every resident.

[1:51:20] Voice 13: And that means if all secondary suites were built up, we would be close to 9,000 in our population,

[1:51:28] Voice 13: essentially tripling the population of the island and clearly that's not sustainable

[1:51:34] Voice 13: we don't have a sustainable you know a sustainability analysis yet but that's

[1:51:42] Voice 13: something that i think we need to do before the next review with the bylaws and our

[1:51:48] Voice 13: recommendations are based on the fact that that type of analysis would be done between now and

[1:51:55] Voice 13: the next five-year automatic review of the bylaws that takes place so what we'd recommend

[1:52:05] Voice 13: our option one was to the base would be built out without secondary suites so there'd be 1075

[1:52:17] Voice 13: new dwellings so we would cap additional adus and secondary suites in all zones

[1:52:25] Voice 13: Essentially, we cap it at 10 in RR1, which is what is available anyway.

[1:52:32] Voice 13: So we're not taking any rights away from anybody.

[1:52:35] Voice 13: We're simply reflecting what's in place.

[1:52:38] Voice 13: And that cap would apply to all of the other options that we're suggesting as well.

[1:52:44] Voice 13: And then we're suggesting on top of that, there'd be 180 use or secondary suites in the lots that are between 0.4 and 1.2 hectares, one to three acres.

[1:53:00] Voice 13: And then there'd be 25 secondary suites in lots over that size, so that we would potentially increase the population by 250, which we think is a reasonable amount.

[1:53:14] Voice 13: out when you're looking at a base of over 4,500 anyway.

[1:53:19] Voice 13: So what we're saying is this is an acceptable increase

[1:53:25] Voice 13: in density and reflects the fact that we're

[1:53:29] Voice 13: allowing enough of these units to be created in all zones.

[1:53:36] Voice 13: Our option two, again, would be a hard cap in Magic Lake.

[1:53:42] Voice 13: And then we would restrict ADUs as an alternative to secondary sweeps in the lots between 0.4

[1:53:54] Voice 13: and 1.2 hectares, so 1 to 3 acres.

[1:53:57] Voice 13: And essentially, that would also exclude Magic Lake because 1,200 of the lots in Magic Lake

[1:54:04] Voice 13: are under 0.4 acres.

[1:54:07] Voice 13: They're under an acre.

[1:54:08] Voice 13: So, and it would also restrict ADUs in the lots over 1.2 where cottages are already allowed.

[1:54:18] Voice 13: So it's essentially creating new ADUs in that very small area, which would, we figure, without subdivision, it would be 273 ADUs, and with subdivision it would be 457.

[1:54:38] Voice 13: So, again, we're creating a population increase of 500 to 1,000 with that particular option.

[1:54:47] Voice 13: It's not a preferred option, but in some ways it's easier to draft a bylaw that reflects that.

[1:54:55] Voice 13: Option three is simply a tighter number of ADUs as opposed to option one.

[1:55:03] Voice 13: Again, there'd be hard caps.

[1:55:04] Voice 13: ups, it's essentially 5, 6, 10, 10, 10.

[1:55:11] Voice 13: There would be 51 ADUs.

[1:55:13] Voice 13: The increase is 102.

[1:55:16] Voice 13: Option 4 is not what we consider to be acceptable,

[1:55:20] Voice 13: because it would basically be do nothing.

[1:55:23] Voice 13: There'd be no ADUs, but secondary suites

[1:55:26] Voice 13: will continue to exist.

[1:55:28] Voice 13: So we'd be with a population base of over 9,000.

[1:55:33] Voice 13: So, what we're trying to do here is reflect the fact that the existing build-up after the approval in 2018 of secondary suites and old residences has created a population density that simply isn't sustainable.

[1:55:53] Voice 13: So, our final position is that if the trust does not want to accept the concept of hard caps, then you should consider downzoning.

[1:56:09] Voice 13: You should downzone R01 to take away secondary suites, and you should downzone lots over 1.2 acres that are already zoned for cottages to take away secondary suites.

[1:56:23] Voice 13: We've got to reduce the population density to something that's within the bounds of reason.

[1:56:33] Voice 13: Right now, at three times the population that exists now, it simply can't be done.

[1:56:42] Voice 13: So we need a carrying capacity study.

[1:56:45] Voice 13: As Brad has pointed out, when you look at the map, many of these properties are not suitable for development anyways.

[1:56:57] Voice 13: But we have to be realistic.

[1:56:59] Voice 13: What's allowed now would triple our population, and we simply don't think that that's sustainable or reasonable.

[1:57:08] Voice 13: So that's where we're coming from when we put forward these options.

[1:57:13] Voice 13: We understand there's nothing particularly to see about any of them, but we think they're necessary.

[1:57:21] Voice 13: So we really appreciate your time and support of staff.

[1:57:27] Voice 13: So thank you. Thank

[1:57:29] Voice 3: you very much.

[1:57:35] Trustee Maude: So we move on to page 25.

[1:57:38] Trustee Maude: We have applications for referrals. We have NTPO, DBP, 2026, 026, at least.

[1:57:48] Trustee Maude: I got that wrong. I know it's not staff report attached.

[1:57:53] Trustee Maude: There we go. Okay. Thank you.

[1:57:55] Trustee Maude: Yes.

[1:57:58] Trustee Maude: Planner Belcher should be.

[1:58:00] Trustee Maude: Okay. So Planner Belcher, it's over to you, sir.

[1:58:04] Trustee Maude: Thank

[1:58:05] Voice 2: you. Yeah, so this is a new application for a development variance permit to allow the construction of an accessory building over the maximum height for an accessory building in the Rural Residential 1 zone.

[1:58:23] Voice 2: The maximum permitted height for an accessory building in the land use bylaw is 4.6 meters and the proposed accessory building would be 5.96 meters.

[1:58:34] Voice 2: Um, the accessory building, uh, would be used as a two car garage and a studio space and the

[1:58:42] Voice 2: applicant's rationale for the height variance is that the 4.6 meter maximum would limit the design

[1:58:49] Voice 2: of the accessory building and, uh, result in the building having a nearly flat roof and to remain,

[1:58:55] Voice 2: uh, consistent with the design of the other buildings on the property, the applicant has

[1:58:59] Voice 2: requested this variance to the height and due to the proposed location of the

[1:59:06] Voice 2: building the views of the surrounding properties would not be impacted by the

[1:59:10] Voice 2: proposed height of the building and following the public notification two

[1:59:17] Voice 2: letters of support were received from neighbors and there's been no public

[1:59:22] Voice 2: opposition received for the proposed variance and considering that the

[1:59:27] Voice 2: variance is minor and the impacts to adjacent properties are minimal staff recommend that the

[1:59:33] Voice 2: north pender island local trust committee approve issuance of development variance permit application

[1:59:39] Voice 2: pl dvp 2026-0026 thank you thank

[1:59:46] Trustee Maude: you trustees questions of the applicant or planner culture

[1:59:51] Trustee Maude: I

[1:59:53] Voice 18: noticed in the package it was identified that there was a lot

[2:00:00] Voice 18: would be the most likely to be affected by the change in variance.

[2:00:05] Voice 18: And then there was two letters of support.

[2:00:07] Voice 18: They block out the addresses or who the people are that are in there.

[2:00:12] Voice 18: But in the communication, it seemed like property that was identified in the report also wrote a letter of support for.

[2:00:24] Voice 18: I believe so.

[2:00:25] Voice 18: Yeah, so we have three undeveloped properties that bound our parks.

[2:00:33] Voice 18: So I believe, so the letters of support came from the property as one commute, and it's

[2:00:42] Voice 18: a bit of a pie, so it's not a full rectangle, so to speak.

[2:00:46] Voice 18: And their view corridor would be essentially straight down Storm Crescent, down our driveway to our house.

[2:00:58] Voice 18: If you took everything away, you could just do a straight line, so to speak.

[2:01:03] Voice 18: But there is an AIMS line that goes up on our driveway and then drops down.

[2:01:09] Voice 18: that's part of the issue for our height is because um the way our land is there's a there's a pretty

[2:01:17] Voice 18: significant sloping between our driveway and the bar furthest removed corner so of course we have

[2:01:24] to account

[2:01:25] Voice 19: for that which would make for a fairly flattish

[2:01:29] Voice 18: roof okay did i answer the question yeah

[2:01:33] Voice 18: No, I guess the other question that I had was in the design of it, it doesn't look to be excessive in the way that you have designed the property.

[2:01:50] Voice 18: I guess the more planning side of things, I guess, is this is maybe two or three buildings now that has been a next day that required a height increase.

[2:02:03] Voice 18: and are we just not do we know why we had that cat to start with that i think something that

[2:02:12] Voice 18: we need to remember

[2:02:12] Voice 18: six meters is like a reasonable height for a single story structure with the

[2:02:17] Voice 18: ability to vary and trustees consider variances of this nature if i to follow on but part of the

[2:02:28] Voice 18: reason for the ask is the the main house it is sectioned and then there's a garden

[2:02:37] Voice 19: shed as well

[2:02:38] Voice 19: and they both have 45 degree pitch roofs which makes them incredibly high we elected to reduce

[2:02:46] Voice 12: that to a smaller angle to reduce the

[2:02:50] Voice 18: height but also the weight of the building

[2:02:54] Voice 18: Otherwise, it would look kind of disproportionate to the land.

[2:02:58] Voice 18: Yeah, it was written on your plan what your roof slope was.

[2:03:03] Voice 18: Oh, okay.

[2:03:03] Voice 4: So I

[2:03:03] Voice 18: had looked at, yeah, I understood the changing into being on the flat roof would be an odd looking.

[2:03:11] Voice 18: Yeah, it

[2:03:11] Voice 18: looked more almost like a shed roof.

[2:03:13] Voice 18: Exactly.

[2:03:13] Voice 18: By the time it was done.

[2:03:14] Voice 18: Yeah, I understood that.

[2:03:17] Voice 18: Yeah, it

[2:03:17] Voice 19: was really good.

[2:03:18] Voice 19: I

[2:03:19] Voice 18: don't know, add to your

[2:03:20] Voice 19: ask why, but the height, and it's really just...

[2:03:23] Voice 19: match the architectural feel that's in place just

[2:03:27] Voice 6: to add our property sits much lower than the

[2:03:31] Voice 6: properties around us we're down a slope so the height is measured from basically the ground

[2:03:38] Voice 6: but if you're looking at it from the neighboring properties it's actually in the pool

[2:03:44] Voice 6: it's not anyone's means that none of our neighbors who talk to everyone they're they're

[2:03:50] Voice 6: forward well that i

[2:03:51] Voice 6: thought and that

[2:03:52] Voice 18: that was what i was asking about in the report it was

[2:03:54] Voice 18: identified that there was only really one potential lot that was um that it was really

[2:04:01] Voice 18: affected

[2:04:02] Voice 4: in any way and then there was

[2:04:03] Voice 18: a letter that said has the lot that would be most affected

[2:04:08] Voice 18: we have no problems and so just maybe i'm just trying to connect the dots to yeah because i

[2:04:12] Voice 18: couldn't read them they're

[2:04:13] Voice 6: the only ones that

[2:04:14] Voice 6: actually would have any sort of view

[2:04:17] Voice 6: are destructive and it's not because of the elevation going down there you go

[2:04:21] Voice 3: thank you

[2:04:22] Trustee Maude: thank you

[2:04:25] Trustee Morrison (probable): um yeah i i looked at this materials and to aaron to your question about like is the

[2:04:33] Trustee Morrison (probable): height restriction too low i think it generally no it's a good because we act we had an accessory

[2:04:38] Trustee Morrison (probable): building on our property that was really close to the height limit um and it's a reasonably high

[2:04:43] Trustee Morrison (probable): building like generally on a on a flat terrain but this is an unusual situation where you really

[2:04:50] Trustee Morrison (probable): are looking down on things so i don't have a problem with giving this variance um for this

[2:04:56] Trustee Morrison (probable): situation and keeping the rule as it is because generally speaking i think it works for most

[2:05:01] Trustee Morrison (probable): situations it's just this sort of weird little quirk weird

[2:05:07] Voice 3: okay so

[2:05:10] Voice 3: you want to do the motion

[2:05:11] Voice 18: uh that has not been around a local trust committee approved issuance of development

[2:05:15] Voice 18: variance permit application the pldb 2026-0026 second

[2:05:23] Trustee Maude: trustee morrison yes

[2:05:24] Trustee Morrison (probable): okay

[2:05:25] Trustee Maude: any further

[2:05:26] Trustee Maude: discussion not call the question all in favor and that carries appreciate it so

[2:05:33] Trustee Maude: that is how easy it about very pretty scanty so

[2:05:38] Voice 12: okay let me see how many months

[2:05:43] Trustee Maude: Okay, so moving on, page 49, we have NPPLTUP2026-001, for me, Jeremy, I'm horrible at names, I'm a horrible person, but one note for Flanagan staff, I really appreciate the dashes, because the northern staff, when we get these, they don't have dashes, it is so hard to read these things out, so thank you for the dashes.

[2:06:10] Trustee Maude: All right. And is that Planner Belcher again? I see a nodding head. So over to you, Planner Belcher.

[2:06:18] Voice 2: Thanks. Yeah, so this is a temporary use permit renewal application for a short-term vacation rental within an existing single-family dwelling located at 3812 Cutlass Court.

[2:06:33] Voice 2: the property received a tup for the same use originally i think in 2019 and then a new permit

[2:06:41] Voice 2: in 2023 which this is a renewal for and the permit conditions allow the operation to take place for

[2:06:51] Voice 2: 60 days in the summer months and a maximum of four guests and since the 2023 issuance

[2:06:59] Voice 2: There have been no complaints received by the Islands Trust, and staff visited the site and determined that the operation was in compliance with the permit conditions, and the use remains the same.

[2:07:17] Voice 2: So with that, staff recommends that the North Pender Island Local Trust Committee approve issuance of Renewal Temporary Use Permit PLTUP-2026-0001 for a period of three years. Thanks.

[2:07:34] Trustee Maude: Is the applicant with us? Thank you. So, trustees, any questions of the applicant or planner on this one?

[2:07:42] Trustee Maude: I don't really, I

[2:07:44] Voice 18: don't know if this has

[2:07:48] Trustee Maude: been an opt

[2:07:48] Voice 18: -button topic for years, but also more recently with the provincial government stepping in and starting to look to get involved in regulating short-term vacation rentals.

[2:08:04] Voice 18: and at this point we had decided not to opt into that regulation because we feel like it is better

[2:08:13] Voice 18: for us to be able to control our own destiny as far as they're concerned than to just release it

[2:08:19] Voice 18: but just so that homeowners are aware a new set of trustees could change that and at that point

[2:08:28] Voice 18: that completely disappears even even in the middle of a temporary use permit so just something to

[2:08:38] Voice 18: keep front of mind I guess or back of mind just that that it is kind of a unstable environment

[2:08:45] Voice 18: as far as temporary permits are concerned for short-term vacation rentals so yeah I just I

[2:08:52] Voice 18: don't really know how we get that out to everybody other than to have the conversation as they're

[2:08:57] Voice 18: coming up so just in part somebody wanted to uh that the first vendor out of the local chess

[2:09:07] Voice 18: committee approved issuance of renewal temporary use permit pltup 2026-0001 for a

[2:09:15] Trustee Maude: period of three

[2:09:16] Trustee Maude: years second trustee morrison yes okay any further discussion now i'll call the question all in favor

[2:09:23] Trustee Maude: and that carries could

[2:09:24] Voice 13: i say something for the apc just for the information of the permit holder

[2:09:32] Voice 13: the apc has recommended that we not opt in to bill 35 right now but that we consider it

[2:09:40] Voice 13: but we also recommended that after the current uh stbrs are flat that they not be renewed we did not

[2:09:50] Voice 13: take any issue with the renewal within a six-year period but just so they're aware that is a

[2:09:56] Voice 13: recommendation thank

[2:09:59] Trustee Maude: you thanks

[2:10:00] Trustee Morrison (probable): for that choice all

[2:10:03] Trustee Maude: right so moving on to page 56 uh we have uh

[2:10:08] nppl r2 2026 uh 0021 miles plumbering staff report and

[2:10:16] Trustee Maude: i don't see a planner attached to

[2:10:18] Trustee Maude: so I stood next to you Planner Smith. So thank you chair.

[2:10:23] Voice 18: So this is an application for rezoning

[2:10:26] Voice 18: at 3330 Port Washington Road seeking rezoning from the current rural general zone

[2:10:32] Voice 4: or the front

[2:10:33] Voice 4: rural zoning

[2:10:33] Voice 18: to a light industrial zone as described this is what I described on page 57-58

[2:10:44] Voice 18: of your package. Staff have reviewed the application against the trust policy statement

[2:10:50] Voice 18: and there's no conflict or specific

[2:10:54] Voice 3: policies that might impact the application.

[2:11:01] Voice 18: If the LTC decides to proceed today, then staff would issue a terms of reference to

[2:11:08] Voice 18: the applicant that would lay out the additional reporting requirements, including an ecological

[2:11:14] Voice 18: assessment report, a stormwater management plan, and a geotechnical report.

[2:11:21] Voice 18: and staff would also draft a demanding by-law as a starting point to the discussions around

[2:11:28] Voice 18: as the property is or that person as you're well aware of so much work the adjacent lot

[2:11:38] Voice 18: that bottom portion of the lot is designated

[2:11:42] Voice 18: industrial so the community at some point has

[2:11:45] Voice 18: identified that portion of the lot to be a reasonable spot for industrial use and thus

[2:11:50] Voice 18: they wouldn't need an OCP amendment, they would only need the land use bylaw amendment to permit

[2:11:54] Voice 18: the proposed use as a site-specific use amending the rural zone to a pedestrian.

[2:12:05] Voice 18: Don't think the applicant is here today. I didn't invite her. She was unable to attend.

[2:12:11] Voice 18: So I pass the back to you. They also submitted a request that you defer bylaw enforcement as the

[2:12:22] Voice 18: application so there's a resolution there pretty soon as well i'll pass it back to you chair

[2:12:27] Voice 18: i had one one question about in the report there's a like a little thing done by a pender

[2:12:41] Voice 18: resource solutions yes there is current yes uh sir okay go ahead that's your question i wasn't

[2:12:50] Voice 18: is that i wasn't sure what that was supposed to be yes is uh their proposed business plan

[2:12:57] Voice 18: okay okay and so this came from the audience kind of as their right i didn't totally understand

[2:13:06] Voice 18: what it was and i thought that it was some possibly some sort of like a like a bio report

[2:13:14] Voice 18: or no that's i

[2:13:16] Voice 18: think what her business name is or what she's like the current septic truck

[2:13:20] Voice 18: that are there that are in non-compliance with the 50 meter setback. I think that company

[2:13:25] Voice 18: is Pender Resource Solutions. Either that or she's looking to name a new company, Pender

[2:13:30] Voice 18: Resource Solutions. And you think that one, and of course having her here would be helpful

[2:13:37] Voice 18: to answer some of those questions.

[2:13:38] Voice 18: I can

[2:13:39] Voice 18: get a hold of her.

[2:13:40] Voice 18: I

[2:13:41] Voice 9: think my understanding is that

[2:13:42] Voice 18: they submitted as what they proposed. So I assume that is

[2:13:46] Voice 18: what their kind of business plan would be.

[2:13:49] Voice 18: I just look for contact information to understand and see.

[2:13:53] Voice 18: Yeah, that's what they're proposing for the Olympics, if resounding.

[2:14:00] Voice 18: Trustee Morrison.

[2:14:02] Trustee Morrison (probable): So just thanks, Brad, very much for bringing this application forward to us and working with the applicant on that.

[2:14:09] Trustee Morrison (probable): I was happy to see this, given what activities gone on there without a permit.

[2:14:15] Trustee Morrison (probable): So I was happy to see this.

[2:14:18] Trustee Morrison (probable): so I'm good to move forward with the application because until there's like a actual application

[2:14:26] Trustee Morrison (probable): I feel like it's hard to have a community conversation about that and that's what's

[2:14:31] Trustee Morrison (probable): going to be needed for an industrial application so I think that's good I do think that if there's

[2:14:40] Trustee Morrison (probable): an application in process to be consistent with other things we've done we should pass both motions

[2:14:49] Trustee Maude: so any other questions or because my only logistical question was um considering it's

[2:14:57] an application the

[2:14:59] Trustee Maude: property next door um that we've had feedback on both sides um was would

[2:15:06] it be worthwhile to consider bringing that

[2:15:08] Trustee Maude: application to a conclusion because that would

[2:15:12] Trustee Maude: sort of be the precedent this is just to do a dropout yeah like we're just doing in terms of

[2:15:18] Voice 18: reference when

[2:15:19] Trustee Maude: it starts but

[2:15:20] Voice 18: i'm just saying

[2:15:21] Trustee Maude: the expenditure of energy from staff and the applicant

[2:15:25] Trustee Maude: and then just i'm thinking the adjacent property would sort of kind of sort of set the precedent

[2:15:31] Trustee Maude: and so if it was thumbs down undoubtedly this one would be thumbs down however

[2:15:39] Trustee Maude: if

[2:15:40] Trustee Morrison (probable): i can just add to that my understanding is that there is no such thing as precedent in

[2:15:45] Trustee Morrison (probable): land use planning so just to be really careful with the that word because it does get thrown

[2:15:50] Trustee Morrison (probable): around at our ltc sometimes um so

[2:15:53] Trustee Maude: i definitely that's why i said sort of yeah

[2:15:56] Trustee Morrison (probable): but like so each

[2:15:58] Trustee Morrison (probable): application is individual and we consider it in the context of cumulative impacts but not

[2:16:03] Trustee Morrison (probable): not necessarily of like, because we did it there, we'll do it here. Like it has

[2:16:08] Trustee Morrison (probable): to be kind of a

[2:16:08] Trustee Morrison (probable): holistic approach to each application. So I would say just keep these as separate applications. And

[2:16:14] Trustee Morrison (probable): the knowledge base, like you're saying, of course, is there. It's in the pool. And hopefully we're,

[2:16:19] Trustee Morrison (probable): you know, I would ask that we're going to likely span the term of the current trustees

[2:16:27] Trustee Morrison (probable): trustees with this application? We will, for sure. So if maybe the new trustees could have the full

[2:16:35] Trustee Morrison (probable): packet of application on the neighboring property so they are more aware of everything that's going

[2:16:40] Trustee Morrison (probable): on in Port Wash, that would be ideal.

[2:16:45] Voice 18: So something in return to the devotions.

[2:16:47] Voice 18: With the North Benner Island Local Trust Committee direct staff, proceed with application PLRZ20260021.

[2:16:56] Voice 18: one miles to prepare a draft bylaw

[2:17:00] Trustee Maude: second trustee morris yeah yeah for the discussion

[2:17:05] Trustee Maude: no call the question all in favor that carries i just

[2:17:09] Voice 18: was going to say they do kind of just read

[2:17:10] Voice 18: uh the north bend around local trust committee permits the current home industry land use to

[2:17:16] Voice 18: continue during consideration of application pl rz 2026-0021 in accordance with standing resolution

[2:17:24] Voice 18: resolution 2020-010, policy option 15.1b, and directs the bylaw enforcement actions,

[2:17:35] Voice 18: including the issuance of notices, to cease.

[2:17:38] Voice 18: Second, Trustee Morrison.

[2:17:40] Trustee Maude: For the discussion, call the questions.

[2:17:43] Trustee Maude: All in favor?

[2:17:44] Trustee Maude: That carries.

[2:17:46] Trustee Maude: All right.

[2:17:48] Trustee Maude: So we're at 1217.

[2:17:52] Trustee Maude: Do anybody need to break the talk?

[2:17:55] Voice 3: I have to break the division.

[2:17:56] Trustee Maude: So let's, are we okay for a five-minute break?

[2:18:00] Trustee Morrison (probable): Yeah, sure, break, that'd be good.

[2:18:02] Trustee Morrison (probable): I probably haven't to one.

[2:18:04] Trustee Morrison (probable): I changed my travel plans today to be here, but I still have to travel.

[2:18:08] Trustee Morrison (probable): So that'd be good.

[2:18:09] Trustee Maude: Okay, so we'll reconvene at 1225, does that sound fair?

[2:18:13] Trustee Maude: Okay, thank you.

[2:18:16] Trustee Maude: And it's been 12

[2:18:18] Voice 7: to 8 the entire time.

[2:26:16] Voice 7: All right,

[2:26:18] Voice 3: we are back.

[2:26:30] Trustee Maude: All righty, we are at 6.16.1, Page 85, Routinesque Mapping, Development and Permanent Area Projects,

[2:26:39] Trustee Maude: post file number 235, staff report attached. I understand, I believe that leads you to

[2:26:46] Voice 3: page

[2:26:48] Trustee Maude: 85, but I don't know where that part ends.

[2:26:57] Voice 18: Yes, so you're now post-public hearing chair and you have a staff report in front of you. We have a number of recommendations from staff.

[2:27:06] Voice 18: also take time to consider what you heard from your community today uh so staff are bringing the

[2:27:15] Voice 18: bylaw back to the LTC for consideration for second third reading and if you give second

[2:27:22] Voice 18: and third reading today that staff would initiate sending the bylaw first to executive committee for

[2:27:27] Voice 18: approval and as this as this is an

[2:27:30] Voice 18: OCP amendment it also requires the minister approval so we

[2:27:35] Voice 18: sending it to the Minister. Staff do have a couple recommended amendments. The LTC can

[2:27:43] Voice 18: consider any proposed amendments post-public hearing, as long as they don't alter the user

[2:27:48] Voice 18: increase density, which in this case they would not. So there are a couple recommendations

[2:27:53] Voice 18: that staff are making. One to add a definition of nest tree, just to clarify that a nest

[2:27:59] Voice 18: tree can either be a tree

[2:28:01] Voice 1: that has been previously

[2:28:02] Voice 18: identified and still has the characteristics or a

[2:28:06] Voice 18: newly mapped tree with an actual nest in it and also removing designation of cliff sites

[2:28:13] Voice 18: as there are currently no cliff sites designated and really the focus of this is on trees and you

[2:28:20] Voice 18: also have a cliff DPA that you could protect sensitive ecosystems for raptors through that

[2:28:30] Voice 18: mechanism. There's also you've heard I think most of the concerns from your community or at least

[2:28:42] Voice 18: the tangible ones have been around the breeding season buffers and how they further affect and

[2:28:47] Voice 18: impact with the community and so the LTC could consider making any other

[2:28:52] Voice 18: amendments that they

[2:28:53] Voice 18: choose to today to reduce or remove or alter those buffers. With that I'll

[2:29:02] Trustee Maude: pass it back to you Chair.

[2:29:07] Trustee Maude: Trustees comments or questions? Trustee Morrison?

[2:29:14] Trustee Morrison (probable): Yes I had a quick Brad what would it how what

[2:29:19] Trustee Morrison (probable): what kind of language or what would it look like to do the suggestion in the public hearing

[2:29:23] Trustee Morrison (probable): around a simple update mechanism? I can only understand this working for a tree that would

[2:29:29] Trustee Morrison (probable): have come down for it to be updated because everything else, like whether there's a nest or

[2:29:36] Trustee Morrison (probable): not, that doesn't change the mapping because we're not mapping existing nests. We're not

[2:29:41] Trustee Morrison (probable): mapping potential spaces for nests as well as existing nests. So is there, I guess the simple

[2:29:47] Trustee Morrison (probable): simple question is, is there a way to have an update mechanism for a tree that has come

[2:29:52] Trustee Morrison (probable): down?

[2:29:54] Voice 18: No.

[2:29:55] Voice 18: The only way would be to amend your OCP because these are

[2:30:00] Voice 18: designated in the map. And so the TP language of the Local Government Act requires that

[2:30:06] Voice 18: local governments designate the area and then apply a development permit areas. But if a

[2:30:13] Voice 18: tree comes down, then that tree would be exempt. So you could simply get an RP bio to assess

[2:30:22] Voice 18: it and determine that it's not viable and that no permit would be required.

[2:30:26] Voice 18: So

[2:30:27] Trustee Morrison (probable): they'd still have to have a bio determine that there isn't a tree there?

[2:30:34] Voice 3: Correct.

[2:30:36] Trustee Morrison (probable): Okay, that seems excessive.

[2:30:38] Voice 18: What about for a tree being, I mean, the question came up, a tree that hasn't been used or been active in 16 years,

[2:30:49] Voice 18: is there a way to put a mechanism in it that you can have that tree removed?

[2:30:58] Voice 18: moved so to remove the tree you have to change the map and to change the map you have to amend your

[2:31:04] Voice 18: OCP because the map is embedded in your OCP as they schedule so that's why there hasn't been an

[2:31:12] Voice 18: update for 18 years even though trees move and change and so really there is a rigid process

[2:31:24] Voice 18: of amending these maps and I think that's one of the reasons why we took this extra year of field

[2:31:28] Voice 18: field seasons to at least get the map correct as of today, at this point in time, which

[2:31:35] Voice 18: I think we're largely hearing not a lot of, like I think after the first round of field

[2:31:41] Voice 18: season, there was actually a lot of cleanup and correction from that.

[2:31:49] Voice 18: We're hearing very little of that feedback now that this tree isn't, why is this?

[2:31:54] Voice 18: So I think as of right

[2:31:56] Voice 18: now, the sites that are identified are accurate, but noted they could be inaccurate tomorrow.

[2:32:06] Trustee Morrison (probable): Okay, so just to clarify, I don't know if I totally got my question.

[2:32:11] Trustee Morrison (probable): So if a tree comes down, only that situation,

[2:32:15] Trustee Morrison (probable): not if a nest is inactive, only if a tree comes down,

[2:32:18] Trustee Morrison (probable): it still exists on the schedule unless we go through this whole process of updating it?

[2:32:22] Trustee Morrison (probable): right wow that

[2:32:25] Trustee Morrison (probable): is which was which

[2:32:26] Voice 18: was the case at 4850 in schooner yeah

[2:32:29] Trustee Morrison (probable): yeah yeah but the two

[2:32:31] Voice 18: the heron and the raptor tree the raptor tree is still there but the heron tree had come down

[2:32:38] Voice 18: but nobody had ever gone to identify that the heron tree was yeah okay

[2:32:46] Trustee Morrison (probable): so this is but but i

[2:32:47] Trustee Morrison (probable): understand what you're saying about that it would be considered exempt if an arbio went in there and

[2:32:52] Trustee Morrison (probable): said yes there's no tree right just

[2:32:54] Voice 18: like the one tree i've scooted

[2:32:55] Trustee Morrison (probable): yeah so okay so that's that's

[2:33:00] Trustee Morrison (probable): the situation that we have and it's not really a situation of our making per se it's the way that

[2:33:04] Trustee Morrison (probable): the bureaucracy works of not just bureaucracy the law works related to these schedules right

[2:33:10] Voice 18: and i think it's fair if you're protecting a herbaceous forest in a dp that herbaceous

[2:33:19] Voice 18: forest isn't moving so you have a bit of a unique moving

[2:33:23] Voice 9: target

[2:33:25] Voice 18: here that uh in a sense the

[2:33:29] Voice 18: regulatory regime is not really uh it's not typical it's more typical that what you're

[2:33:36] Voice 18: protecting is fixed on the ground and in this case you are fixing it to that tree and

[2:33:47] Voice 4: as far as our

[2:33:50] Voice 4: non-seasonal buffers the change

[2:33:58] Voice 18: to that is very minimal compared to what already exists

[2:34:02] Voice 18: uh it would be for well let's just talk about eagles yeah so

[2:34:08] Voice 1: for eagles right now

[2:34:09] Voice 18: most of them

[2:34:10] Voice 18: are mapped at 50 meters uh it goes to 60 meters in magic lakes and 100 meters in all other zones

[2:34:18] Voice 18: So there is a 50-meter expansion in all of the zones of the

[2:34:23] Voice 3: non-seasonal permanent bottom.

[2:34:36] Trustee Morrison (probable): So we already adjusted in the process of this project to Magic Lake's situation.

[2:34:44] Trustee Morrison (probable): It doesn't

[2:34:44] Trustee Morrison (probable): necessarily follow the recommendations of the province, but takes into account the sort of condensed area of Magic Lake.

[2:34:51] Voice 18: Correct.

[2:34:52] Voice 18: We applied the 60 meter, maybe a little bit loosely to, whereas those properties are all

[2:35:01] Voice 18: probably technically 100 meter if you follow the virtual guidance to it.

[2:35:08] Voice 18: Okay.

[2:35:10] Voice 18: We're considering those areas by its meters.

[2:35:14] Voice 18: Yeah.

[2:35:15] Voice 18: Whereas in a city environment.

[2:35:19] Voice 11: All right.

[2:35:21] Trustee Morrison (probable): All right. I appreciate everyone's comments from earlier like the public hearing comments.

[2:35:27] Trustee Morrison (probable): But again, like this is a broad, you know, effort to think across the island.

[2:35:36] Trustee Morrison (probable): And it's.

[2:35:38] Trustee Morrison (probable): Yeah, I feel like it's an update of the existing Raptors nest work that was badly needed given the shifts in nesting and the just the way that the mapping was out of date a little bit.

[2:35:49] Trustee Morrison (probable): it so all right i

[2:35:52] Voice 11: don't have any problem

[2:35:53] Trustee Morrison (probable): with number one i don't have any problem with any of

[2:35:56] Trustee Morrison (probable): these frankly i

[2:36:00] Voice 15: i personally don't think that

[2:36:03] Voice 18: um the mapping to find the you know find the nest

[2:36:10] Voice 18: and find the trees that was uh to me it was a valuable exercise of of um understanding

[2:36:20] Voice 18: where the densities and stuff are, I still

[2:36:25] Voice 18: am surprised that there's not, I mean, we're not allowed to go

[2:36:29] Voice 18: into national parks and go and look for them. So it does

[2:36:34] Voice 18: discount, you know, those aren't

[2:36:37] Voice 18: mapped anywhere on there. But the

[2:36:43] Voice 18: biggest stumbling block, I think, that we run into with this as far as

[2:36:47] Voice 18: how it affects is the seasonal buffer.

[2:36:50] Voice 18: And I know that that, I mean, I can speak to it from a personal standpoint, how that will affect basically business on Pender.

[2:37:04] Voice 18: I mean, everybody now has to go and get a permit in order to be able to, an increased permit to be able to go and do anything.

[2:37:13] Voice 18: And I feel like if we have a way, I don't think that it's possible to separate other trees from eagle trees.

[2:37:29] Voice 18: Sure.

[2:37:30] Voice 18: I feel like that is in keeping with what a lot of the conversation has been with people.

[2:37:46] Voice 18: um you know i grew up grew up on the coast uh my whole life and i have watched the eagles at the

[2:37:54] Voice 18: dump for most of most of my existence or there is the largest concentration of bald eagles uh i

[2:38:02] Voice 18: believe in north america it's at the original landfill so there's sort of you know there is

[2:38:08] Voice 18: conflicting evidence, even if it's maybe not a scientific discovery of my own, but say that I

[2:38:19] Voice 18: feel like that might be something that would be beneficial to apply to this and see

[2:38:27] Voice 18: where that puts us, thinking it's the black dots or the non...

[2:38:40] Trustee Morrison (probable): David, what about your thinking?

[2:38:42] Voice 18: All of these, all

[2:38:43] Voice 18: of this color are eagle trees?

[2:38:45] Voice 18: Yeah.

[2:38:46] Voice 18: And the outer band is what you, the outer buffer, and the inside band is the

[2:38:53] Voice 18: internal buffer. You can see here, this is also an eagle tree,

[2:39:00] Voice 18: that's 60 meters, so it's smaller than this one, which is...

[2:39:03] Voice 18: yeah the the non the non-seasonal buffer zones the permanent buffer the permanent buffer is

[2:39:14] Voice 18: is not really uh it's been there it's not this is that it's marginally it's marginally larger than

[2:39:22] Voice 18: it was and and it has always it has always been that's not something that we did um say that we

[2:39:30] Voice 18: didn't didn't know no was there all

[2:39:33] Voice 11: of these it's

[2:39:33] Voice 18: doubled all of the larger on the

[2:39:36] Voice 18: yeah we're all

[2:39:37] Voice 18: 50 now we're on the marginal i would say in 50 to 60 um but but but the seasonal buffer makes it

[2:39:48] Voice 18: i think staff could be supportive of what you're suggesting carl steve handled

[2:39:54] Voice 18: uh one it listens to your community two uh their eagles do seem to be pretty comfortable around

[2:40:04] Voice 18: people and three managing those buffer areas for staff and by-law enforcement and the community

[2:40:10] Voice 18: and education and all of that and the seasonal windows and the timing all of that just adds

[2:40:16] Voice 18: another layer of uh bureaucracy i think that's keeping them on your other sites where they're

[2:40:24] Voice 18: more sensitive to to disturbance and there's much less and way less of those birds absolutely

[2:40:34] Voice 18: yeah i do i personally i know that for the first time in a few years we've started to have an

[2:40:41] Voice 18: osprey actually frequent the ponds on the farm where they aren't ever going to get out of that

[2:40:48] Voice 18: pond but if you're coming to take a look every once in a while there's nothing in there yeah

[2:40:56] Voice 18: but yeah i think that that would be that would be my proposal for it would be

[2:41:01] Voice 18: to remove it on the eagle trees to keep it on the ones that have been identified as

[2:41:07] Voice 18: um maybe a bit more sensitive because it does seem like they're a more uh sensitive bird

[2:41:16] Voice 18: sensitive raptor so

[2:41:20] Trustee Morrison (probable): i think if we were to do that what i would like to have then is

[2:41:25] Trustee Morrison (probable): I think we need to like that's we're speculating frankly so and that's okay that we're speculating

[2:41:34] Trustee Morrison (probable): because we're trying to pull together lots of different forms of information but I feel that

[2:41:40] Trustee Morrison (probable): we would need to have a revisit or a note to the next term folks to like have an assessment or a

[2:41:49] Trustee Morrison (probable): revisit in some way of are we seeing any changes like negative changes in the eagle population on

[2:41:58] Trustee Morrison (probable): pender do we have like the baseline data for that is is uh well

[2:42:03] Voice 18: we're sort of i feel like we're sort

[2:42:05] Voice 18: of trying to establish that right now yeah and that was and that was part of what sort of spurred

[2:42:11] Voice 18: this on as a project was that in the majority of the dpas um there hasn't been

[2:42:20] Voice 18: work done to put in the effort and actually sort of prove them out so that people could

[2:42:28] Voice 18: understand where they are and so the mapping gives us a starting point

[2:42:36] Voice 18: and hopefully yeah future future local trust committees will go and look at it every 10 years

[2:42:46] Voice 18: or something like that to see you know what has changed i'm sure the trees are going to come down

[2:42:53] Voice 18: And I'm sure that things will change in 10 years and then wonder what the hell we did this for.

[2:43:00] Trustee Morrison (probable): So do you want to make a suggestion, Brad or Erin, about what language that is?

[2:43:07] Voice 18: It's not my department, is it?

[2:43:09] Voice 18: I

[2:43:09] Voice 19: would suggest that

[2:43:10] Voice 18: when you pass your first recommended resolution,

[2:43:17] Voice 18: you could add a C that says amend the draft by-law to remove seasonal buffer areas from eagle nests sites.

[2:43:32] Trustee Morrison (probable): Perfect. Lisa, I'm not sure who's capturing that, but if that's captured, that would be helpful.

[2:43:39] Voice 18: And then staff would make these amendments prior to sending to EC.

[2:43:43] Voice 18: So I would strip out all of the buffer area language for eagles, but I would leave it for the rest of the birds.

[2:43:49] Voice 18: and we would amend the map to remove them as well all

[2:43:56] Voice 3: right anything

[2:44:02] Trustee Maude: else in the way of amendments

[2:44:04] Trustee Maude: that you'd like to see within the violence um

[2:44:09] Trustee Morrison (probable): i just one question just following up that got

[2:44:11] Trustee Morrison (probable): caught in there um david what are you thinking about the seasonal buff areas versus no oh i i

[2:44:18] Trustee Maude: I sort of, as a non-biologist, I also have dumb references.

[2:44:25] Trustee Maude: I certainly know, being up at Heartland Road,

[2:44:29] Trustee Maude: seeing the dozens, if not hundreds, of eagles that are up there.

[2:44:35] Trustee Maude: The staff up at Heartland Road, they use flashbang,

[2:44:41] Trustee Maude: literally, I'd almost call it a grenade, to scare away the birds.

[2:44:45] Trustee Maude: and when they let them off

[2:44:47] Trustee Maude: the seagulls fly away

[2:44:49] Trustee Maude: in great terror

[2:44:50] Trustee Maude: and the eagles just look around and go

[2:44:53] Trustee Maude: what was that?

[2:44:55] Trustee Maude: So I kind of

[2:44:57] Trustee Maude: again as a non-biologist

[2:44:59] Trustee Maude: I kind of

[2:45:02] Trustee Maude: lay on the side that they don't seem to be

[2:45:03] Trustee Maude: that overly sensitive

[2:45:06] Trustee Maude: so

[2:45:08] Trustee Maude: I kind of

[2:45:10] Trustee Maude: do agree with maybe the seasonal

[2:45:12] Trustee Maude: buffer if that comes out

[2:45:14] Trustee Maude: out, I don't think it would be a negative thing. So plan a set.

[2:45:18] Voice 18: I just had, from what we heard from Dave, the protection of the

[2:45:22] Voice 18: tree and those critical veteran Doug fir trees that have

[2:45:28] Voice 18: potential for nests is the most vital thing. It sounds like

[2:45:33] Voice 18: great day. And so I think you are doing that. And you are

[2:45:39] Voice 18: expanding the bumper or the the non-seasonal buffer areas um although it's too i think that

[2:45:48] Voice 18: being a reasonable approach for a delta city and to i mean there was a comment made earlier about

[2:45:53] Voice 18: this not being done on any other islands yeah i would argue that galliano's tree cutting dpa

[2:46:05] Voice 18: nullifies the need for it because you can't cut anything yeah

[2:46:09] Trustee Morrison (probable): so

[2:46:10] Voice 18: it's sort of

[2:46:12] Voice 18: you know sometimes

[2:46:14] Voice 18: in trying to figure out how to balance the putting the responsibility back on the residents

[2:46:23] Voice 18: you know we don't feel like we're in that dire of a situation where we look at making everything

[2:46:32] Voice 18: everything impossible or just trying to balance out the two pieces so

[2:46:39] Trustee Morrison (probable): so my suggestion if I may

[2:46:41] Trustee Morrison (probable): like with our recommendations is I would go I would be okay to do recommendation one today

[2:46:48] Trustee Morrison (probable): with an additional C which is the language that Brad suggested for the or Brad named the language

[2:46:54] Trustee Morrison (probable): from Aaron's suggestion um and then I think I would like to leave it for a month and see what

[2:47:01] Trustee Morrison (probable): let community comments come back in with the change.

[2:47:06] Voice 18: Through the chair, post-public hearing.

[2:47:09] Voice 18: So you're no longer able to accept any comments or input from the public

[2:47:15] Voice 18: unless you hold backwards.

[2:47:19] Trustee Morrison (probable): Yeah, I hate government sometimes.

[2:47:22] Trustee Morrison (probable): Just to

[2:47:22] Voice 18: the chair, if I may,

[2:47:26] Voice 18: I think that removing those buffers will address the majority of the

[2:47:33] Voice 18: it goes a long ways to addressing the comments I've heard from a lot of your community around

[2:47:39] Voice 18: those seasonal buffer areas, just how big they are. And it means I have to manage and I can't

[2:47:43] Voice 18: do things in this timing and this window. I think that it's a really reasonable compromise and to

[2:47:48] Voice 18: just move forward and be reasonable with your bylaw.

[2:47:53] Trustee Maude: And I would also suggest too, with the

[2:47:56] Trustee Maude: the one island concept. Somebody always has to be first. And I would suggest that there

[2:48:06] Trustee Maude: are other islands and possibly South Bend that will be looking at the outcome of this

[2:48:11] Trustee Maude: bylaw and considering perhaps adopting for their islands. So somebody has to take a bold

[2:48:19] Trustee Maude: step.

[2:48:19] Trustee Maude: that um so it

[2:48:22] Voice 18: would also add that you have the exceptional work and interest of date here who

[2:48:25] Voice 18: who has driven this work so other items

[2:48:29] Voice 18: don't have that yes and that was a factor

[2:48:32] Trustee Morrison (probable): i'm not sure

[2:48:33] Trustee Morrison (probable): who we're arguing with right now like yeah

[2:48:36] Trustee Maude: just with ourselves we're fighting amongst ourselves

[2:48:40] Trustee Maude: no

[2:48:41] Trustee Morrison (probable): i mean i just don't like

[2:48:42] Trustee Morrison (probable): my comment about government is just i feel constantly trapped

[2:48:45] Trustee Morrison (probable): into saying yes to things because of the way the government works and it's nobody's I'm not

[2:48:50] Trustee Morrison (probable): criticizing anybody there so like you're basically saying if if if I have this understand stood right

[2:48:57] Trustee Morrison (probable): like if we make any we can take things out but we can't ask for other comment on how people think

[2:49:05] Trustee Morrison (probable): about this because we're past public hearing and so we can't take that into it we can't take any

[2:49:11] Trustee Morrison (probable): changes that we make we can't take people's thoughts on those into account right and so

[2:49:17] Trustee Morrison (probable): basically we pass it today with the decisions we're making or we don't and we open it up again

[2:49:22] Trustee Morrison (probable): for and then we miss the window probably i would think for this term getting it done this term

[2:49:28] Voice 18: then you then you find out find out in october to get re-elected i'm

[2:49:33] Trustee Morrison (probable): not even running

[2:49:39] Voice 18: So, yeah.

[2:49:41] Trustee Morrison (probable): So what do you want to do, Aaron?

[2:49:45] Voice 18: I would read this through ABN with a C to it.

[2:49:53] Trustee Maude: So you want to do resolution one to begin with?

[2:49:57] Trustee Maude: We complete that and discuss what resolution two is going to happen.

[2:50:02] Trustee Morrison (probable): yeah i think i just need

[2:50:04] Trustee Morrison (probable): to name that i i don't feel like we're making a decision on c

[2:50:10] Trustee Morrison (probable): related to any of the science i totally understand that we're making the decision

[2:50:13] Trustee Morrison (probable): related to the compromise of all the different factors i understand that clearly um and it's

[2:50:21] Trustee Morrison (probable): a dilemma sometimes but i do want to see this project overall move forward so go ahead and

[2:50:26] Trustee Morrison (probable): read abc

[2:50:28] Voice 18: at the north fender island local trust committee amendments proposed bylaw number 235

[2:50:34] Voice 18: cited as north fender island official community plan bylaw number 171 2007 amendment number one

[2:50:41] Voice 18: 2023 by a adding the following definition of nest tree in subsection 7.7 interpretation

[2:50:49] Voice 18: A mapped tree identified to contain a raptor or heron nest or a mapped tree that has previously been identified to contain a raptor or heron nest and was and still has the attributes to support nesting activity as determined by a qualified professional.

[2:51:09] Voice 18: B, deleting all references to designating cliff sites in Article 5.2.8.2, and C, amends to remove seasonal buffer zones for eagle trees.

[2:51:25] Trustee Morrison (probable): Second that. I realize in the hindsight that we should have probably done them as A separate, B separate, C separate, but it's fine. Go ahead and second that.

[2:51:34] Trustee Maude: So for the discussion, call the question all in favor? I carry.

[2:51:41] Trustee Maude: Okay, so we have motion two. Do you want to proceed with motion number two?

[2:51:45] Trustee Morrison (probable): Yeah, I think we need to keep going because we can't, we're not going to open this up fully again, I don't think. So we might as well just move ahead.

[2:51:57] Voice 3: If you can read

[2:51:58] Trustee Morrison (probable): them because my audio is not so awesome.

[2:52:03] Voice 18: At the North Pender Island Local Trust Committee proposed bylaw number 235 cited as North Pender Island Official Community Plan bylaw number 171-2007, amendment number 1-2023, be read a second time as amended.

[2:52:18] Voice 18: Second, Trustee Morrison.

[2:52:20] Trustee Maude: Further discussion?

[2:52:21] Trustee Maude: Call the question.

[2:52:22] Voice 18: All in favor?

[2:52:24] Trustee Maude: And that carries.

[2:52:25] Trustee Maude: at

[2:52:26] Voice 18: the north at the north penner island trust committee proposed bylaw number 235

[2:52:30] Voice 18: cited as north penner island official community plan bylaw number 171 2007

[2:52:36] Voice 18: amendment number one 2023 be read a

[2:52:40] Trustee Maude: third time seconded trustee morrison for the discussion

[2:52:45] Trustee Maude: call the question all favored that

[2:52:47] Voice 18: carries the north penner island local trust committee

[2:52:51] Voice 18: proposed bylaw number 235 be forwarded to the secretary of the islands trust for executive

[2:52:55] Voice 18: committee approval and to the ministry of housing and municipal affairs for ministerial approval

[2:53:01] Voice 18: following an executive committee approval

[2:53:03] Trustee Maude: seconded justin morrison for the discussion

[2:53:07] Trustee Maude: call the question all in favor that carries all right anything further on this

[2:53:14] Voice 4: okay

[2:53:15] Trustee Maude: thank you all right so you want to start to page 105 um 16.2 housing access links for the

[2:53:22] Trustee Maude: building project staff report i believe that's back to you we make a sexy agenda

[2:53:35] Voice 18: so bringing your housing

[2:53:37] Voice 18: job bylaws to you for the first time lots of

[2:53:41] Voice 18: of stuff here to consider recommendations

[2:53:47] Voice 18: for November and January.

[2:53:49] Voice 18: And now that we've come into making bylaws,

[2:53:53] Voice 18: the table starting on page 107 summarizes all of those bylaws

[2:53:57] Voice 18: with the proposed OSCP and land use bylaw amendments

[2:54:02] Voice 18: for each of the different areas that the LTC

[2:54:06] Voice 18: passed direction on.

[2:54:08] Voice 18: on and certainly open to any questions you have around those you also have a supplementary report

[2:54:15] Voice 18: from abc with further analysis based on the build-outs and suitable land analysis information

[2:54:24] Voice 18: with some recommendations there uh gathering from their report that they are comfortable with

[2:54:32] Voice 18: all the other proposed amendments around increasing housing in the commercial zone rental

[2:54:38] Voice 18: zoning 20 units of housing potentially right here next to us on the church property etc

[2:54:46] Voice 18: they have concern with the flexible zoning scheme that they previously proposed now that

[2:54:51] Voice 18: the mapping is provided basically recommending that you pull back on that flexible zoning

[2:54:59] Voice 18: approach. They do provide some options that your delegation spoke to

[2:55:03] Voice 18: earlier. Staff have concerns

[2:55:07] Voice 18: around managing a cap and

[2:55:11] Voice 18: just how you regulate that, how you manage that,

[2:55:15] Voice 18: how you ensure it's fair, who's first in line,

[2:55:20] Voice 18: do you count the ones that currently exist, etc., etc.

[2:55:24] Voice 18: It comes with a lot of challenges. I think staff would be more supportive

[2:55:28] Voice 18: of something like number two where it creates a clear direction for all of those lots

[2:55:35] Voice 18: so for example allowing it to use for secondary suites only in that band of lots

[2:55:45] Voice 18: staff are supportive of the abc's analysis that the proposed flexible zoning

[2:55:54] Voice 18: does create a lot of increased density and if you look at the mapping there really isn't very very

[2:56:00] Voice 18: much green kind of suitable land available at least using this mapping tool with most of the

[2:56:08] Voice 18: suitable land around magic lakes which would only which wouldn't have this flexible zoning scheme

[2:56:16] Voice 18: Most of the subdivisible lots also don't appear in green, so a lot of that density potential

[2:56:25] Voice 18: is probably at ecological risk if you are applying the preserve and protect mandate

[2:56:31] Voice 18: as your primary lands.

[2:56:34] Voice 18: And so the LTC could pass a resolution directing staff to amend the by-law to remove flex zoning

[2:56:44] Voice 18: zoning all together and you could just focus on components of the by-law that provide other

[2:56:51] Voice 18: areas of housing, supportive housing, affordable housing, etc. You could direct staff to go

[2:56:58] Voice 18: back to the APC and do some more exploration around options to bring back to the community.

[2:57:04] Voice 18: me um i think that's maybe the best so many ways to be

[2:57:11] Voice 18: um or you can forge ahead as it's currently

[2:57:17] Voice 18: proposed i mean right now all you're being asked to is receive these bylaws you have a community

[2:57:22] Voice 18: information meeting on saturday may 2nd all of your brochures have been mailed so every household

[2:57:27] Voice 18: will know about that meeting so at least we can demonstrate our due diligence we'll get it soon

[2:57:32] Voice 18: we've got to get more than six people what's that i hope those pamphlets get out more than six people

[2:57:37] Voice 18: i think that there's some building interest in the community from this project and from the work

[2:57:42] Voice 18: of plumber you have like uh you know a couple architects on your apc now so that as in you

[2:57:50] Voice 18: know they're talking about designing so we're moving past what can be possible what could it

[2:57:54] Voice 18: look like so i think that's kind of exciting um you do have some recommendations there to receive

[2:58:00] Voice 18: the draft bylaws and to update the uh uh project charter and i think i will just pass it back to

[2:58:10] Voice 18: for any questions and discussion from there i gotta say that opening that package was that is

[2:58:19] Voice 18: an overwhelming piece of work right there like i ordered reading glasses after getting quite

[2:58:25] Voice 18: because i was seeing sideways trying to go through and i also appreciate whoever put the time into

[2:58:31] Voice 18: doing all the math like figuring out

[2:58:35] Voice 4: what

[2:58:36] Voice 18: the potential build-out was on all of those

[2:58:40] Voice 18: different scenarios was frightening for one to see numbers that large um but also just that

[2:58:48] Voice 18: folks have taken the time and detail to do that kind of a thing is like greatly greatly

[2:58:54] Voice 18: appreciated it was it's a it's a piece of work for sure um and i honestly

[2:59:02] Voice 18: like in looking at

[2:59:04] Voice 18: what all of those options are all i could think of was how do we make it like smaller right like

[2:59:10] Voice 18: i know that we have discussed so much about what can we do just to get some extra housing

[2:59:21] Voice 18: and then to see sort of what some of the potential ideas carried out to the end what

[2:59:29] Voice 18: the ramifications of those would be becomes a bit of a okay like how do we chunk this down into only

[2:59:38] Voice 18: because i i totally understand you know we made secondary suites a thing uh for magic lake and

[2:59:46] Voice 18: that you know like putting that

[2:59:47] Voice 18: but got very little uptake on it doesn't mean that in five

[2:59:51] Voice 18: five years from now we couldn't have a ton of uptake on it.

[2:59:55] Voice 18: We're trying to sort of future plan to solve an issue.

[3:00:00] Voice 18: we've got right now and and it's really hard to know where to what to release out there and want

[3:00:08] Voice 18: to keep kind of have possibly held back for a you know can we add in later on could you say we're

[3:00:16] Voice 18: only going to allow 50 ADUs with this sort of a breakdown but knowing that as that starts to reach

[3:00:23] Voice 18: it's max and it's a positive thing we release another hundred or that's just like those musings

[3:00:33] Voice 18: would be the decisions of our future for sure they for sure they would but so where should we start

[3:00:38] Voice 18: if do do we do we have the ability to pass something that allows momentum without it

[3:00:45] Voice 18: becoming a snowball effect that just rages down the hill um yeah like trying to figure it out is

[3:00:55] Voice 18: long

[3:00:55] Voice 13: could could i say um often one that was the intent the idea was that you have to review the

[3:01:07] Voice 13: bylaw every five years this gives you 110 units over the next five years with a hard cap on

[3:01:18] Voice 13: everything else so that moving forward you can see what the take-up is what the interest is

[3:01:25] Voice 13: how it's working out and then you also get to do the carrying capacity study which is critical

[3:01:32] Voice 13: to figuring out what the island can actually support i

[3:01:38] Voice 18: had a discussion with a trustee from

[3:01:42] Voice 18: another island about that idea of carrying capacity or what a total build-up would look

[3:01:48] Voice 18: like and their comment was that in at some level that has already been done in looking at what uh

[3:01:58] Voice 18: if you were to subdivide every piece of land that can be subdivided into the the minimum lot sizing

[3:02:06] Voice 18: and and work that out you would end up with a number that basically indicates what the

[3:02:13] Voice 18: the government at that time thought was the maximum amount of number of units

[3:02:21] Voice 18: that would end up on Petner Island because some of them you can have a house

[3:02:25] Voice 18: and a cottage, and that would give you –

[3:02:28] Voice 18: and I don't know if that's reflected in the ground 4,600 number.

[3:02:33] Voice 18: It is.

[3:02:34] Voice 13: The problem is that the number that was put there when the OCP was done

[3:02:41] Voice 13: was doubled when the secondary suites were put in that's the problem so the problem is

[3:02:48] Voice 13: there's a base there that basically supports a population of 4 800 but when you put secondary

[3:02:54] Voice 13: suites in you're up to over 9 000. so what we're trying to do with our proposals is address that

[3:03:04] Voice 13: concern and cap things so that moving forward you can figure out how to deal

[3:03:10] Voice 13: with it. I mean the problem is the zoning that was done in 2018 to double the

[3:03:19] Voice 13: population base over and above what was contemplated in the OCP at the outset.

[3:03:26] Voice 13: it

[3:03:27] Voice 18: so potential potentially the problem is is that in respectfully

[3:03:34] Trustee Morrison (probable): sorry respectfully

[3:03:37] Trustee Morrison (probable): i'm wondering if i can get into the conversation yeah

[3:03:40] Trustee Maude: yeah i would say i literally head in your

[3:03:42] Trustee Maude: direction so go ahead yeah so it's yours okay so

[3:03:50] Trustee Morrison (probable): it feels like we have two competing things

[3:03:55] Trustee Morrison (probable): related to the decisions on the housing which way to go at least two and one is

[3:04:01] Trustee Morrison (probable): that we want to have more housing that is affordable and is distributed in a

[3:04:07] Trustee Morrison (probable): way that's appropriate for our community and we don't want to over build so the

[3:04:14] Trustee Morrison (probable): secondary Suites thing was done by the term prior to my first term and I think

[3:04:18] Trustee Morrison (probable): it actually the final paperwork came through in my first meeting if I

[3:04:23] Trustee Morrison (probable): I remember correctly. I don't remember if that was, anyway, it was that year that I became a

[3:04:28] Trustee Morrison (probable): trustee that it came in. And I don't know that anyone was thinking about actual carrying capacity

[3:04:37] Trustee Morrison (probable): when that was applied. They were thinking about the need for housing. And it's a crude stick move

[3:04:42] Trustee Morrison (probable): to, you know, just double the housing by, you know, incentivizing or allowing at least secondary

[3:04:49] Trustee Morrison (probable): sweets um so I just want to go back to something that Brad said because in understanding which

[3:05:00] Trustee Morrison (probable): option is better the idea of having a more uniform goal or uniform rule to apply that isn't so much

[3:05:10] Trustee Morrison (probable): like here's a cap and the first to the line get it or not because I understand what Joyce is saying

[3:05:15] Trustee Morrison (probable): about that I just was trying to understand the implementation of that Brad can you like reiterate

[3:05:20] Trustee Morrison (probable): reiterate what you were saying as like the better option or not for that i

[3:05:25] Voice 18: think staff are the

[3:05:27] Voice 18: perspective not only myself but i talked to robert pajama who helped me drop these bylaws before

[3:05:32] Voice 18: yeah like well i'm trying to uh scroll through other i can't find any other jurisdiction in bc

[3:05:41] Voice 18: that has like like a pool of adus that you can draw from and once it's used up you can't get

[3:05:48] Voice 18: I think a better approach, both from a regulatory management perspective and just overall fairness and equity and not creating this first in line, first received, would be something like number two, which creates the same for all the properties that fall within that.

[3:06:19] Voice 18: so like option two of theirs it applies to all 0.4 to 1.2 hectare lots and so every one of those

[3:06:29] Voice 18: lots could perceivably get a secondary suite instead of an ADU instead of a scenario where

[3:06:36] Voice 18: you have a small percentage of the of the community and it depends on when they're ready

[3:06:44] Voice 18: is if they get that right or not so i think it would be better to apply some kind of scheme

[3:06:53] Voice 18: that allows the use across whatever that scheme is that's

[3:07:00] Trustee Morrison (probable): yeah that's super helpful and then

[3:07:02] Trustee Morrison (probable): just one clarification when we're talking about carrying capacity the term carrying capacity is

[3:07:07] Trustee Morrison (probable): super tricky like because it depends on what we're thinking about like are we saying carrying

[3:07:13] Trustee Morrison (probable): capacity on a well or carrying capacity on rainwater collection are we saying carrying

[3:07:18] Trustee Morrison (probable): capacity you know like there's technology shifts carrying capacity sometimes right and so like

[3:07:24] Trustee Morrison (probable): that's and and so Aaron to your earlier comment I think if we take um a move right now and I'm

[3:07:32] Trustee Morrison (probable): I'm not against the down zoning of secondary suites at all just I think that's a doable thing

[3:07:37] Trustee Morrison (probable): um but like if we take some move that allows some flexibility so maybe it's adu instead of

[3:07:44] Trustee Morrison (probable): secondary suites language going forward because different situations work better for one or the

[3:07:50] Trustee Morrison (probable): other right and then but have some kind of rule where they're applied like like you're saying

[3:07:59] Trustee Morrison (probable): brad but one of the reasons we we thought specifically about magic lake um at the time

[3:08:06] Trustee Morrison (probable): of the conversations this was I think for it was in the map the land use bylaw

[3:08:11] Trustee Morrison (probable): review that we were doing last term housing came up and one of the things

[3:08:15] Trustee Morrison (probable): that came up about it was people wanted to split density so they have had ADUs

[3:08:20] Trustee Morrison (probable): and split their overall density on their property but in two ADUs and it was an

[3:08:25] Trustee Morrison (probable): interesting idea to do in Magic Lake because there's already water and sewer

[3:08:28] Trustee Morrison (probable): infrastructure but where there isn't necessarily as the capacity for multiple

[3:08:33] Trustee Morrison (probable): multiple families in other places you'd have to add septic fields or add additional well capacity

[3:08:38] Trustee Morrison (probable): or whatever and so just something to think about when we're thinking about carrying capacity it's

[3:08:43] Trustee Morrison (probable): not very clear-cut it's not a definitive thing that we can measure very easily just

[3:08:50] Voice 18: to add to

[3:08:52] Voice 18: that to the chair i think i agree that like a study on future future carrying capacity study i

[3:08:58] Voice 18: I don't see as a work step.

[3:09:03] Voice 18: I think that carrying capacity is largely demonstrated

[3:09:05] Voice 18: by the student bill land analysis map.

[3:09:08] Voice 18: And it shows that a lot of your island

[3:09:10] Voice 18: doesn't have the carrying capacity

[3:09:12] Voice 18: to probably even receive the current density potential,

[3:09:16] Voice 18: let alone.

[3:09:17] Voice 18: So I think staff, what it does show is that Magic Lake

[3:09:21] Voice 18: does have carrying capacity to assume more

[3:09:25] Voice 18: or based on their good water and septic

[3:09:29] Voice 18: and most of the other properties,

[3:09:31] Voice 18: their lack of potential would be based on

[3:09:34] Voice 18: lack of groundwater recharge or saltwater intrusion.

[3:09:38] Voice 18: And so I think it's important to separate flex zoning

[3:09:42] Voice 18: from what staff are proposing in the RR1 zone,

[3:09:46] Voice 18: which is allowing a secondary suite

[3:09:48] Voice 18: versus an ADU,

[3:09:53] Voice 18: so one or the other.

[3:09:56] Voice 18: and so the and so I think that those should be two separate conversations

[3:10:02] Voice 18: and so one are you talking about removing flex zoning or changing some kind of

[3:10:09] Voice 18: different allowance of ADUs versus secondary suites but not the full-blown flexible zoning

[3:10:15] Voice 18: that we're providing when I speak of flex zoning I don't refer to what's being proposed in like

[3:10:21] Voice 18: that's two different things are

[3:10:23] Voice 18: you following that and so i think from a staff perspective

[3:10:26] Voice 18: even if you change your flex zoning and your rr2 at your rural zone you should still

[3:10:32] Voice 18: explore the ability to have a secondary suite or an adu as we are with the crd so crd planning

[3:10:39] Voice 18: staff are of the view that like the the water and sewer capacity exists magically the underlying

[3:10:46] Voice 18: infrastructure doesn't and so it would require infrastructure upgrades but even right now

[3:10:54] Voice 18: the crd could only serve as 10 secondary suites over the next three years so even if every house

[3:11:01] Voice 18: like if if say a secondary suite incentives increased and 11 households came to magic lakes

[3:11:10] Voice 18: right the infrastructure would not be there to support it so the water and septic is there to

[3:11:15] Voice 18: of support which was kind of a question that I had and I think we talk about doing things

[3:11:22] Voice 18: here or in like Plum Tree Court. Plum Tree Court was actually approved for more units than they're

[3:11:29] Voice 18: able to build because they aren't able to provide the services for it so where do we

[3:11:34] Voice 18: get into that situation and you're saying in Magic Lake it's 11 more

[3:11:43] Voice 18: more 10 or 10 more 10 paths the head path will build out so we can build out all of magic lake

[3:11:55] Voice 18: but they said three let's try three do i have that right yeah there

[3:12:01] Voice 13: was a report in 2024

[3:12:05] Voice 13: from the magic lakes water and sewer that said that their capacity past buildup was only for 10

[3:12:14] Voice 13: more units but they've recommended only going to three because they wanted to buffer yeah as a

[3:12:21] Voice 18: trial that's

[3:12:21] Voice 13: a trial so

[3:12:22] Voice 18: there's like approximately 110 empty lots yeah left

[3:12:29] Trustee Morrison (probable): right they're not full build out yet right yeah

[3:12:32] Voice 1: and as brad notes it's the infrastructure it's

[3:12:36] Voice 1: not necessarily the water in the lake or the right um i don't know about the sewer plant

[3:12:40] Voice 1: obviously has been more recently completed.

[3:12:44] Voice 1: I think the one factor I would note

[3:12:47] Voice 1: is that infrastructure was paid for by the residents there

[3:12:52] Voice 1: at some degree of expense per lot.

[3:12:56] Voice 1: And by continuing to add onto it,

[3:13:01] Voice 1: unless there's an external source of funding,

[3:13:03] Voice 1: you're asking those same residents,

[3:13:04] Voice 1: many who may not get a suite or something on their property

[3:13:08] Voice 1: to pay for the infrastructure more broadly

[3:13:11] Voice 1: I assume water would be more than the soup.

[3:13:15] Voice 18: The key point there is the deficit already exists.

[3:13:18] Voice 18: The infrastructure deficit already exists to service what is potentially.

[3:13:23] Voice 18: Based on the secondary schools.

[3:13:25] Voice 1: Based on the secondary schools.

[3:13:26] Voice 3: Yeah.

[3:13:29] Voice 3: But

[3:13:29] Voice 18: that doesn't mean any.

[3:13:31] Voice 18: Sorry, go ahead.

[3:13:33] Voice 18: Go ahead, Trustee Morrison.

[3:13:35] Trustee Morrison (probable): And I would add to that, like, when we're thinking about who is paying for that,

[3:13:38] Trustee Morrison (probable): we have to understand too that the islands trust doesn't build stuff right like we zone stuff and

[3:13:46] Trustee Morrison (probable): we allow for the zoning of different things but in the situation in magic lake it's up to the crd

[3:13:52] Trustee Morrison (probable): to like put their money where their mouth is and like for put you know housing in the islands on

[3:13:57] Trustee Morrison (probable): their agenda and work with the province to do that the crd is really who has the jurisdiction

[3:14:01] Trustee Morrison (probable): to do build in that you know support build building in that way

[3:14:07] Voice 13: under three things the apc

[3:14:13] Voice 13: has three members magically gone and they support capping what's what's there and the second thing

[3:14:21] Voice 13: is if the infrastructure is expanded you're going to increase the density and magically beyond

[3:14:28] Voice 13: John, you saw the projections, the numbers.

[3:14:31] Voice 13: We're already up to 600 or 700 per square kilometer in Magic Lake.

[3:14:38] Voice 13: And you're talking about doubling that up to, which is the concept of expanding Magic Lake,

[3:14:47] Voice 13: which was the reason for the creation of the trust, to allow more construction there,

[3:14:53] Voice 13: just seems contrary to everything about the preserve and protect mandate so well what could

[3:15:03] Voice 13: be done and what should be done are two separate things yeah i just sorry and so i just want to

[3:15:12] Voice 13: make it really clear that the apc which includes three members from magic lake is not in support

[3:15:20] Voice 13: of expanding the infrastructure to build out to full capacity.

[3:15:27] Voice 13: Trustee Morris?

[3:15:28] Trustee Morrison (probable): And just to be clear, I'm not advocating for building it out.

[3:15:31] Trustee Morrison (probable): I was just giving the history of why it was thought about that way

[3:15:34] Trustee Morrison (probable): from the prior land use planning.

[3:15:38] Trustee Morrison (probable): Yeah, I'm not advocating for building out anywhere.

[3:15:41] Trustee Morrison (probable): I think one of the other things too, Joyce,

[3:15:42] Trustee Morrison (probable): I think that's Joyce talking, to just add to that was one of the ideas

[3:15:48] Trustee Morrison (probable): is was it wouldn't necessarily be additional buildings it would be the retrofitting of houses

[3:15:53] Trustee Morrison (probable): that so that bigger houses could have suites put in them and so but of course we can't control that

[3:16:00] Trustee Morrison (probable): necessarily so it's it's the dilemma of the trust only having partial oversight so yeah

[3:16:11] Voice 4: So through

[3:16:12] Voice 18: the chair, where are we?

[3:16:14] Voice 4: Oops, I'm going north.

[3:16:19] Voice 18: So, yeah.

[3:16:23] Voice 18: So I think, if you don't mind. Absolutely.

[3:16:29] Voice 18: I think you should pull back the flex

[3:16:31] Voice 18: zoning of your RR2 and your rural zones.

[3:16:37] Voice 18: And direct the

[3:16:39] Voice 18: the APC to go back and explore more options around number two like are there some like I see a real

[3:16:47] Voice 18: benefit to allowing an ADU versus like or a secondary suite because to me the building

[3:16:54] Voice 18: footprint especially when you're containing to 65 meters squared it's a pretty it's a small

[3:17:01] Voice 18: it's like a 700 square foot structure so the the build out the footprint the water the use

[3:17:08] Voice 18: is not that much different than a secondary suite that's attached to the house and so

[3:17:12] Voice 18: from my simple planner mind allowing you to use as a as a as a alternative to secondary suites

[3:17:21] Voice 18: creates more opportunities for people that already have their house completely built out like a lot

[3:17:28] Voice 18: in most cases secondary suite would be impractical for someone to retrofit back into their house

[3:17:33] Voice 18: right unless you're building

[3:17:35] Voice 18: off the side and that's not always possible and so an ad some

[3:17:40] Voice 18: allowance of adus instead of a secondary suite could allow opportunities for a house to build

[3:17:46] Voice 18: a small rental unit or for a family to age in place by you know having the kids coming back

[3:17:53] Voice 18: and the parents moving into them like i see it as creating a really wide a much wider

[3:18:03] Voice 18: option space without a huge amount of impact and in magic lakes and

[3:18:12] Voice 18: uh not removing the infrastructure challenge on your let's call it a carrying capacity map

[3:18:24] Voice 18: it's the it's all highlighted in green so it's the one area on your island that can actually

[3:18:30] Voice 18: absorb more density based on this tool right and so from a planning perspective and that's

[3:18:38] Voice 18: That's Justine's perspective as well.

[3:18:42] Voice 18: From a planning perspective, that should be the targeted area for increased density.

[3:18:48] Voice 18: So is that...

[3:18:49] Voice 18: Sorry.

[3:18:50] Trustee Maude: Go ahead, Brett.

[3:18:51] Trustee Maude: So,

[3:18:52] Trustee Morrison (probable): Brett, is that map then, like, is that the way to write the rule?

[3:18:57] Trustee Morrison (probable): Like, to say, like, you know, in areas of value eight and above on the land use sustainability

[3:19:06] Trustee Morrison (probable): ability map potential map you know would be considered no

[3:19:10] Voice 18: that's because the map's just a

[3:19:12] Voice 18: tool right it's only as good as the data underlying but it does help to educate you that a lot of your

[3:19:17] Voice 18: island based on the data layers that you know experts have taken quite a bit of time to decide

[3:19:24] Voice 18: on uh you know your hydrogeologist and our professional biologists they worked hard to

[3:19:30] Voice 18: land on the 10 layers, based on that mapping, because Magic Lakes has robust water and septic,

[3:19:38] Voice 18: they score much higher than most of your island. And so most of my work, the rubber hits the road

[3:19:46] Voice 18: on water. If there's water quantity that a project can proceed, if there's not, it hits the wall and

[3:19:52] Voice 18: it goes nowhere, regardless of how good of a project it is otherwise. And so in this case,

[3:19:59] Voice 18: that's and so that's where water and septic is uh but granted uh uh there would be this

[3:20:08] Voice 18: like in my mind those residents need to invest in their infrastructure already to close that

[3:20:14] Voice 18: deficit because only 10 more can get secondary suites of the thousand houses there so what

[3:20:22] Trustee Maude: you were discussing the non-viability of option one with the with the 100 cap

[3:20:31] Trustee Maude: is it do you foresee any way of doing a mechanism because my common sense mind says you know open it

[3:20:38] Trustee Maude: up but if we cap it at 100 it's because because my experience is like on main island like we did

[3:20:45] Trustee Maude: secondary suites five six seven years ago but in in all that time i'm aware of one that got built

[3:20:52] Trustee Maude: So we open up the opportunity, but is it, so the broad brush opportunities I see doing it, but to stop it being overly exploited, my common sense says 100 cap really seems to be a really good idea, but you're saying it's not manageable.

[3:21:11] Trustee Maude: I think staff would have to go away and

[3:21:14] Voice 18: explore the pros and cons if other jurisdictions are doing it.

[3:21:20] Voice 18: If they are, how are they managing that cap?

[3:21:22] Voice 18: How are they maintaining that list?

[3:21:25] Voice 18: How are they monitoring that?

[3:21:26] Voice 18: How are they enforcing that?

[3:21:28] Voice 18: These would all be things that would need to be understood before staff would be comfortable with an approach of a cap.

[3:21:37] Voice 13: Can I say something about that?

[3:21:39] Voice 13: Bill 44 concludes any jurisdiction except the Islands Trust from they are required to allow

[3:21:50] Voice 13: secondary suites and ADUs on all residential properties. It's only the Islands Trust that

[3:21:57] Voice 13: is exempted from that because of the density concerns. So that looking for other jurisdictions

[3:22:05] Voice 13: since bill 44 is going in is it's not going to happen and if they did have it bill 44 has wiped

[3:22:13] Voice 13: the mouth so

[3:22:14] Trustee Maude: i see trustee morrison's got her hand up i know she's good she's pressed for time

[3:22:18] Trustee Maude: so i don't want to get her in here so trustee morrison i

[3:22:23] Trustee Morrison (probable): agree with what joyce just said about

[3:22:25] Trustee Morrison (probable): bill 44 i think it is a dilemma that many places are facing because of infrastructure challenges

[3:22:31] Trustee Morrison (probable): in terms of next steps here like my thinking on it as we make decisions

[3:22:36] Trustee Morrison (probable): about what we're doing I see the concern about secondary suites in Magic Lake as

[3:22:42] Trustee Morrison (probable): it currently stands so and given that we haven't had a lot of uptake I wonder if

[3:22:48] Trustee Morrison (probable): we like move make steps to remove that and then the other thing would be in

[3:22:55] Trustee Morrison (probable): turn and to the to the point about flex zoning in r2 and r i think you said right yeah yeah so i

[3:23:05] Trustee Morrison (probable): think that could be explored and maybe we we figure out some way to name it that there has to be like

[3:23:13] Trustee Morrison (probable): proof of sort of ecological water social infrastructure in those spaces um i don't know

[3:23:20] Trustee Morrison (probable): that was just some of my thinking i really appreciate all the work from the from the apc

[3:23:25] Trustee Morrison (probable): by the way this looks awesome so

[3:23:27] Trustee Maude: question for partner smith for the management side of things

[3:23:31] Trustee Maude: could we leave on bc or crd building because they have to issue a permit for anything that's done

[3:23:40] Voice 18: again so

[3:23:40] Trustee Maude: yeah but is that sort of is could that possibly be the management mechanism

[3:23:45] Trustee Maude: yeah again that would then be relying on other agencies so i guess so you're saying you need

[3:23:53] Trustee Maude: do more work yeah

[3:23:54] Voice 13: um

[3:23:55] Trustee Maude: is is can we proceed with what we have here and send you to come back with

[3:24:03] Trustee Maude: a report you can

[3:24:03] Voice 18: just receive the draft bylaws now we can speak to them more at your may 2nd meeting

[3:24:08] Voice 18: um i guess the only concern would be that if you were like if i would yeah like i think

[3:24:16] Voice 18: so as to not create alarm bells or false expectations if you really don't want three

[3:24:21] Voice 18: houses in your larger logs in your r2 zone for example then we should remove that part

[3:24:28] Voice 18: amend that part now so i would see

[3:24:33] Trustee Maude: that as being a road forward i see a nodding head so

[3:24:39] Trustee Maude: and

[3:24:39] Voice 18: then we can always like add back into it and what i think timeline line wise like i think it's

[3:24:47] Voice 18: unrealistic to now finish this work in this term especially as you have an ocp amendment

[3:24:54] Voice 18: And you have a lot of complex, like you have a lot of regulatory change here.

[3:25:02] Voice 18: You know, you might have residents that are concerned with the accessory dwelling at the police station, right?

[3:25:08] Voice 18: And those neighbors might have concerns around that, right?

[3:25:10] Voice 18: So all of those things, your community hasn't had any time with these bylaws yet.

[3:25:15] Voice 18: So I would suggest that you slow down a little bit now.

[3:25:18] Voice 18: That you remove that flex zoning if you really, I think staff would recommend even that you remove that flex zoning based on the mapping.

[3:25:26] Voice 18: and then we can go back and bring some other options forward we can look at what a cap system

[3:25:35] Voice 18: might look like and the feasibility and the implications of that and we can look at other

[3:25:42] Voice 18: mechanisms such as options too it doesn't rely on a cap it just provides clear direction within

[3:25:49] Voice 18: within a specific band of property size.

[3:25:53] Trustee Morrison (probable): And I would like to see the number five piece

[3:25:57] Trustee Morrison (probable): around the Anglican Church,

[3:25:58] Trustee Morrison (probable): because that property has been discussed so many times.

[3:26:01] Trustee Morrison (probable): Like if we do think it's a viable place

[3:26:03] Trustee Morrison (probable): for multifamily housing, I think it should be included.

[3:26:05] Voice 18: It is included.

[3:26:06] Voice 18: There's 20 units to be permitted

[3:26:08] Voice 18: as a portable housing within your draft bylaws.

[3:26:12] Voice 18: Yeah, perfect.

[3:26:14] Voice 18: The idea of 180 units,

[3:26:17] Voice 18: 10 of them being in a rural one,

[3:26:19] Voice 18: and breaking it down from there.

[3:26:24] Voice 18: is that only considering magic lake no

[3:26:27] Voice 13: that's outside of magic lake and the cap was 10 and

[3:26:31] Voice 13: magically so it was

[3:26:33] Voice 13: 110 altogether okay

[3:26:35] Voice 18: so what staff are realizing right

[3:26:37] Voice 18: so what staff are proposing right now in the r2 zone and the r zone are like a flexible zoning

[3:26:44] Voice 18: scheme that you can have up to a certain number of dwellings and based on the tables that are in

[3:26:50] Voice 18: the draft bylaw uh up to the basically the fixed floor air and elements that you're already having

[3:26:56] Voice 18: their bylaw uh and uh uh separate from that staff are recommending that uh you permit a secondary

[3:27:05] Voice 18: suite or an adu in magic right so no other flexibility around you can have two houses

[3:27:15] Voice 18: is as long as they're repeat this it's only that one one or the other so i recommend that you

[3:27:23] Voice 18: remove the flexible zoning scheme that we've created in in and any associated policies we'll

[3:27:30] Voice 18: revise to reflect that for now um and then we can build back up to maybe there's some flexibility

[3:27:37] Voice 18: that we can land on. I recommend that for now you leave an ADU or a secondary suite

[3:27:46] Voice 18: in the RR1 zone and you explore with your broader community their perspectives around

[3:27:52] Voice 18: that. And just further to that, staff have requested from the upon request from CRD planning

[3:28:05] Voice 18: staff, staff have submitted a request to the Magic Lake Sewer and Water Committee for them

[3:28:14] Voice 18: to conduct an infrastructure study so that they better understand their infrastructure

[3:28:18] Voice 18: structure demos and so i think by slowing down and maybe trying to plan to get to first reading

[3:28:27] Voice 18: by september these bylaws and taking the summer to mull and work them over you're still a first

[3:28:34] Voice 18: reading would be a major milestone for such a significant bylaw and that would also get time

[3:28:43] Voice 18: for that discussion with crd and perhaps have studied in place so that you're better informed

[3:28:48] Voice 18: and maybe that disappears at some point but for now i would recommend you yeah yeah no i i

[3:28:55] Voice 18: there isn't i think there's almost too much information to to still down to come up with

[3:29:03] Voice 18: something that we're able to just say hey this is what's gonna this is what's coming

[3:29:08] Voice 18: and the idea of peeling back the secondary suites you know all of that it was a great idea to try

[3:29:16] Voice 18: to get people to

[3:29:18] Voice 18: to build some some suites we've got very little uptake on it it's still stuff that

[3:29:23] Voice 18: can be considered for people if somebody comes up with a with a request to to build them but

[3:29:32] Voice 18: we've got i have always thought that this would be stuff like building around here and

[3:29:39] Voice 18: you know identifying land that we would be willing to increase density on because it

[3:29:46] Voice 18: made sense to increase the density there. I understand that Magic Lake is the only

[3:29:52] Voice 18: place that we've got that has some sort of already established infrastructure for that.

[3:30:00] Voice 18: Councillor John Gallo, The point is another option would be to feel about all the flexible zoning and just focus your amendments on your community housing zone your.

[3:30:10] Voice 18: Councillor John Gallo, Your rental units at the driftwood all of those other things that are kind of more affordable housing base versus flexible zoning base for property trustee Morris.

[3:30:24] Voice 18: um

[3:30:25] Trustee Morrison (probable): i'm again i apologize work travel is annoying sometimes um but i do have to pop off i hear what

[3:30:34] Trustee Morrison (probable): you're saying brad i think for conversation i think it would be helpful to have the r2

[3:30:39] Trustee Morrison (probable): r2 and r flex zoning just as a conversation piece in the may 2nd meeting um just for people to give

[3:30:49] Trustee Morrison (probable): some like more informed feedback on that. I do also think it would be good to try and pursue

[3:30:55] Trustee Morrison (probable): what is the cap option because I hear what we're saying about like, wait a minute, build out still

[3:31:00] Trustee Morrison (probable): too high. So and pulling back secondary suites would help with that too. Okay, thank you all.

[3:31:08] Trustee Morrison (probable): Sorry. Thank

[3:31:09] Trustee Maude: you. Thank you. Safe travels. Okay, bye.

[3:31:15] Trustee Maude: So do you have some proposed motions for the

[3:31:18] Trustee Maude: road forward or is what we have in front of us good enough for today your options

[3:31:22] Voice 18: are for now

[3:31:23] Voice 18: you as uh trustee morrison just indicated her option preferred option uh would be to just then

[3:31:30] Voice 18: you receive the bylaws as they are if we present them in a second with all this context around

[3:31:36] Voice 18: where we are at uh if that's the case then i think you could just pass them as is and i would

[3:31:43] Voice 18: recommend that you pass another resolution directing staff to explore the feasibility

[3:31:50] Voice 18: of creating a capping system on ADUs and secondary suites and the implications of potential down zone

[3:31:59] Voice 18: of your secondary suite regulations and that's something you want to learn more about. Okay so

[3:32:07] Trustee Maude: So we can fast through the first three motions, and then we'll lean on your legal system.

[3:32:13] Trustee Maude: Or

[3:32:13] Voice 18: if you want to remove the flex zoning now, you do that, and then you pass these as amended.

[3:32:20] Voice 18: Well, but what Deb was requesting was to leave that in there

[3:32:29] Voice 18: until we do the community information meeting on the 2nd?

[3:32:32] Voice 18: Correct, as it is, and then bring it back on the 29th, and you guys can...

[3:32:47] Voice 4: that

[3:32:47] Voice 18: option makes less work for me

[3:32:51] Voice 18: well i mean it's all coming though too and it only makes

[3:32:55] Voice 18: less less work in between now and the second the work is not coming

[3:33:00] Voice 18: um i think i guess i would like to know if she's going to be at the meeting

[3:33:13] Voice 18: I would make the decision

[3:33:15] Voice 18: based on what you want to do, not what she wants to do.

[3:33:19] Voice 18: She just left the meeting about her decision.

[3:33:23] Trustee Maude: So what

[3:33:24] Trustee Maude: you're suggesting is we do the motions as is, and you're leaning towards pulling out the flex.

[3:33:40] Voice 18: I'm giving you two options.

[3:33:41] Voice 18: yeah okay uh one would be to give me direction to pull up that flex zoning now

[3:33:47] Voice 18: and then build back up to some kind of flexible zoning scheme with your work from your from your

[3:33:54] Voice 18: with your apc i think that's better i wouldn't because i don't think you're going to land at

[3:33:59] Voice 18: three houses in your r2 zone at any point even if you have community dialogue and you might create

[3:34:05] Voice 18: a whole bunch of either anxiety or expectation i was already

[3:34:08] Voice 18: thinking well do i buy a lot and

[3:34:10] Voice 18: those two rental houses a lady

[3:34:13] Voice 18: that

[3:34:13] Voice 19: is

[3:34:18] Voice 18: something though also like i mean kind of tongue tongue-in-cheek but at the same time do we

[3:34:26] Voice 18: in in following something like that do we become a place where people start to speculate like

[3:34:32] Voice 18: we've got a speculative

[3:34:33] Voice 18: speculative so i would rather take it out and present people on the second with actual

[3:34:44] Voice 18: this is where we're standing

[3:34:46] Voice 18: right now and have the ability to have the conversation and

[3:34:48] Voice 18: and bring something else back into it then go in and and present something that we're not really

[3:34:56] Voice 18: very serious about that none

[3:34:58] Voice 15: of us are no

[3:34:59] Voice 18: no i don't think that's the whole and so the the

[3:35:02] Voice 18: how i would frame that on the second is that right now the draft law bylaws there's been a lot of

[3:35:10] Voice 18: work to consider like affordable housing you know opening up housing for workers and all of those

[3:35:17] Voice 18: kinds of things uh abc is not going to like doesn't like my record or staff's recommendation

[3:35:23] Voice 18: I think that's a good recommendation to at least look at secondary suite versus an ADU

[3:35:29] Voice 18: in Mantic Lakes, because that is where your mapping shows density potential.

[3:35:35] Voice 18: And then we could also bring back some of the work that we do over the next few weeks

[3:35:42] Voice 18: with some options, right?

[3:35:43] Voice 18: Here

[3:35:43] Voice 1: are some of

[3:35:44] Voice 18: the options we're thinking about to provide more flexibility in these

[3:35:48] Voice 18: other zones.

[3:35:50] Trustee Maude: So what would

[3:35:51] Trustee Maude: your suggested wording mean to remove the flex?

[3:35:53] Voice 18: At the LTC direct staff to remove flexible zoning references in the R and R2 zones from the draft bylaws.

[3:36:09] Voice 18: Okay.

[3:36:10] Voice 18: So, Lisa, do you have that?

[3:36:12] Voice 15: Lisa?

[3:36:15] Voice 15: I just

[3:36:16] Voice 15: have that, Chair Mott.

[3:36:17] Voice 15: I can read it back to you.

[3:36:19] Voice 15: I was going to start scribbling.

[3:36:21] Trustee Maude: Yeah, if you could, and then it will be moved by Trustee Campbell.

[3:36:24] Trustee Maude: the

[3:36:26] Voice 14: north pender island local trust committee request staff remove flexible zoning references

[3:36:31] Voice 14: in the r and r2 zones from the draft bylaws and

[3:36:37] Voice 18: it's actually the rr2 zones you can yeah it's r

[3:36:41] Voice 14: r

[3:36:41] Voice 18: and rr2 r

[3:36:43] Voice 14: and rr2 zones from the draft bylaws you might want to

[3:36:47] Voice 18: reference and from draft bylaw

[3:36:49] Voice 18: out number 240 and number 241.

[3:36:54] Voice 15: got it okay

[3:36:56] Trustee Maude: so moved so moved it has been moved by trustee campbell

[3:37:00] Trustee Maude: for the discussion are we all in favor seconded or all that carries okay so

[3:37:06] Voice 18: that's that part

[3:37:07] Voice 18: and you can receive uh you can pass recommendations one and two as amended okay okay

[3:37:13] Voice 18: that the north bender island local trust committee receives draft file on number

[3:37:19] Voice 18: 2-4-0 cited as

[3:37:21] Voice 18: North Pender Island Official Community

[3:37:23] Voice 18: Claim By-law No. 171

[3:37:25] Voice 18: 2007

[3:37:27] Voice 18: Amendment No. 1-2025

[3:37:29] Voice 18: as amended.

[3:37:31] Trustee Maude: Seconded. For discussion,

[3:37:33] Trustee Maude: call the question. That carries.

[3:37:36] Trustee Maude: It is fast.

[3:37:37] Voice 18: The North Pender Island Local Trust Committee

[3:37:39] Voice 18: receives draft By-law No. 241

[3:37:41] Voice 18: cited as the North Pender Island Land Use

[3:37:43] Voice 18: By-law No. 224

[3:37:45] Voice 18: 2022

[3:37:47] Voice 18: Amendment No. 1-2024

[3:37:50] Voice 18: five as amended seconded for discussion

[3:37:52] Trustee Maude: called question carries um and the third one is as his

[3:37:57] Trustee Maude: right yeah correct

[3:37:58] Voice 18: so the north and around local trust committee direct staff to update the housing

[3:38:03] Voice 18: access and affordability project charter consistent with the recommendations in the

[3:38:07] Voice 18: neighborhood plan 2026 staff report so

[3:38:10] Trustee Maude: seconded for discussion call a question of a favor

[3:38:13] Trustee Maude: And then, Brad, you had a motion about the cap.

[3:38:18] Voice 18: I'll just go away and do that and work with the ABC, and we'll come back with some options.

[3:38:23] Voice 18: Okay, excellent.

[3:38:24] Trustee Maude: So we're done?

[3:38:28] Trustee Maude: That's a big leap.

[3:38:29] Trustee Maude: I know.

[3:38:31] Trustee Maude: I just, I'm watching the clock, because I know you're going to hurry again.

[3:38:36] Trustee Maude: You

[3:38:36] Voice 1: have a cap on time.

[3:38:38] Trustee Maude: You have number 18 to finish.

[3:38:41] Trustee Maude: So we have, so, okay, so this, we're going to go ahead and do that.

[3:38:44] Trustee Maude: We have 17 in each.

[3:38:46] Trustee Maude: So work program, nothing there.

[3:38:48] Trustee Maude: No.

[3:38:49] Trustee Maude: Advocacy report for your information.

[3:38:51] Trustee Maude: Trustee expense report for your information.

[3:38:53] Trustee Maude: Adopt policies for your information.

[3:38:56] Trustee Maude: Local customer community webpage.

[3:38:58] Trustee Maude: I don't see anything there.

[3:39:00] Trustee Maude: I'll stress the services report for your information.

[3:39:04] Trustee Maude: So we're over 18.

[3:39:06] Trustee Maude: 18.1 2025 annual report.

[3:39:09] Trustee Maude: Request decision page 395.

[3:39:11] Trustee Maude: Hold on a second.

[3:39:12] Trustee Maude: Uh-oh.

[3:39:17] Voice 15: I know I know I'm sorry there's one that came up that I was like

[3:39:31] Voice 3: there's one that I read

[3:39:32] Voice 3: I'm just

[3:39:33] Voice 3: showing off I

[3:39:35] Voice 18: know

[3:39:36] Voice 18: know.

[3:39:42] Voice 15: That's exactly the end.

[3:39:48] Trustee Maude: Easter eggs. Ruben did a report for Trust Council. Horrible

[3:39:57] Trustee Maude: title. And he literally said, I would check to make sure anybody

[3:40:02] Trustee Maude: but he actually read what I was going to say.

[3:40:08] Voice 18: Whatever it is, it works.

[3:40:11] Voice 18: Yeah, sorry.

[3:40:12] Voice 18: There was something that I,

[3:40:14] Voice 18: from the standing resolution?

[3:40:15] Voice 18: Yeah.

[3:40:17] Voice 18: We did remove that one last time.

[3:40:20] Voice 18: Oh, the standing resolutions.

[3:40:24] Voice 18: Proposed bylaws 224 and 229,

[3:40:27] Voice 18: 4606 Razor Point Road.

[3:40:30] Voice 18: We have a standing

[3:40:32] Voice 18: that the North Panhandle Trust Committee

[3:40:34] Voice 18: moved to suspend violent enforcement on death row's own portion on 4606 that's the reverse

[3:40:42] Voice 18: i thought it was i thought it was uh brunette

[3:40:47] Voice 18: that's that's why when i read it and i saw that right yeah my parents are

[3:40:51] Voice 18: 46 15 and i was like

[3:40:52] Voice 18: oh they're right across the street it's got to be why do we still have that but that's okay

[3:40:56] Voice 18: Okay. Never mind. That's what my question was.

[3:41:00] Trustee Maude: So, page 395, we have

[3:41:03] Trustee Maude: on actually 397,

[3:41:07] Trustee Maude: that's my last page, there's a little blurb about

[3:41:11] Trustee Maude: North Tender. Anything that stands out is kind of dry.

[3:41:15] Trustee Maude: Yeah. It's just the report, right?

[3:41:18] Trustee Maude: No. So, we have a motion on page 395.

[3:41:23] Trustee Maude: And

[3:41:29] Voice 18: the North Penner Island Local Trust Committee approves the attached text for inclusion in

[3:41:33] Voice 12: the

[3:41:33] Voice 18: 2025-2026 Annual Report for approval by Trust Council in submission to the Minister

[3:41:38] Voice 18: of Housing and Municipal Affairs.

[3:41:41] Trustee Maude: All right, I'll second that.

[3:41:42] Trustee Maude: For the discussion call question, all in favor?

[3:41:44] Trustee Maude: That carries.

[3:41:46] Trustee Maude: Then we go to page three and we have a motion to go in Canberra.

[3:41:51] Trustee Maude: or can we

[3:41:53] Trustee Maude: hold right now

[3:41:54] Trustee Maude: thank you

[3:41:58] Trustee Maude: so just

[3:41:59] Trustee Maude: for the record that regular meeting

[3:42:01] Trustee Maude: scheduled for May 29th

[3:42:03] Trustee Maude: May 26th at the St. Peter's

[3:42:05] Trustee Maude: Hague Pope and their island

[3:42:08] Trustee Maude: that's May 29th

[3:42:09] Trustee Maude: so you have to read out the motion

[3:42:11] Trustee Maude: to go to the enclosed meeting

[3:42:13] Trustee Maude: how about you

[3:42:15] Voice 18: at the meeting we closed to the public in accordance

[3:42:18] Voice 18: with the community charter part 4

[3:42:19] Voice 18: Division 3, S91F, F being law enforcement, if the council considers that disclosure could

[3:42:30] Voice 18: reasonably be expected to harm the conduct of an investigation under or enforcement of

[3:42:36] Voice 18: an enactment, and that the recorder and staff attend the meeting.

[3:42:42] Trustee Maude: Excellent.

[3:42:42] Trustee Maude: I will second that.

[3:42:43] Trustee Maude: All the questions, all the favor?

[3:42:45] Trustee Maude: That carries.

[3:42:46] Trustee Maude: We are in camera.

[3:42:48] Trustee Maude: camera. So I

[3:42:53] Voice 4: see the question is with

[3:42:55] Trustee Maude: us. So it stops off.

North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 1 of 12 
 
North Pender Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
April 10, 2026 
Anglican Parish Hall 
4703 Canal Road, RR#1, North Pender Island, BC 
 
Members Present: David Maude, Chair 
 Aaron Campbell, Local Trustee 
 Deb Morrison, Local Trustee (electronic) 
  
Staff Present: Mary Storzer, Regional Planning Manager 
 Brad Smith, Island Planner 
 Bruce Belcher, Planner 2 (electronic) 
 Lisa Millard, Meeting Administrator/Recorder (electronic) 
  
Others Present: There were 17 members of the public present. 
 
1. CALL TO ORDER 
Chair Maude called the meeting to order at 10:00 a.m.  
2. TERRITORIAL ACKNOWLEDGEMENT 
Chair Maude acknowledged that the meeting was being held in territory of the Coast Salish 
First Nations. 
3. RISE AND REPORT - In-Camera Meeting of January 30, 2026 
Chair Maude reported adoption of the November 21, 2025 in-camera meeting minutes and 
the appointment of Peter Pare, Joyce Thayer, Ken Rempel, Theresa Barker, Michael Dine, 
and Jay Gilbert to the North Pender Island Special Advisory Planning Commission, 
commencing immediately for a term ending March 1, 2027.  Jack Ferguson has also been 
added to the APC via Resolution without Meeting. 
4. APPROVAL OF AGENDA 
By general consent, the agenda was approved as presented. 
5. TRUSTEE REPORT 
Trustee Campbell reported the following: 
• Increased community questions and concerns regarding housing 
• He is receiving comments and questions regarding October elections 
Trustee Morrison did not provide a report. 
  
ADOPTED 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 2 of 12 
6. CHAIR'S REPORT 
Chair Maude reported the following: 
• Trust Council passed the budget and the effect of non discretionary expenditure 
increases were detailed 
• The Trust Policy Statement project will not complete this term and Trust Council will be 
integrating feedback and referral responses during an upcoming Committee of the 
Whole meeting in May 
Trustee Morrison arrived to the meeting at 10:09 a.m. 
7. ELECTORAL AREA DIRECTOR'S REPORT - None 
8. PUBLIC PARTICIPATION PERIOD 
A member of the public stated that it was Dark Sky week and they are hoping to educate 
residents about keeping the sky dark at night to minimize impacts to wildlife. 
9. COMMUNITY INFORMATION MEETING 
9.1 Raptor Nest Mapping Development Permit Area Project - Proposed Bylaw No. 
235 
Island Planner Smith introduced the proposed bylaw, noted the community 
information meetings that had been held regarding the project to date, and spoke to 
the raptor and heron nest locations detailed on a map available for viewing during 
the meeting. He invited members of the public to ask questions for clarification 
prior to the Public Hearing. 
The following questions and answers were recorded: 
What is a nest tree? 
A nest tree is identified as one that has been used in the past and demonstrates 
characteristics that support nesting in the future, or trees that have been 
identified with an actual nest. 
In Ladner, many eagle nests surround industrial areas, BC Ferries’ works yard, and 
areas of high-density housing and the eagles are thriving. Why is there need to 
increase buffer zones? 
The guidance is based on provincial best practices for raptor management, 
considers all raptors and the scale of ability to tolerate disturbance. 
Why aren’t there different buffer areas for different species? 
Buffer areas do vary by species type.  The buffer zone is based on provincial best 
practices and there can be both a year-round buffer and seasonal buffer.  There 
are a number of exemptions in the draft bylaw where a development permit 
would not be required in a raptor DPA.  
There is no law that requires best practices be followed. Will this be mandatory? 
The bylaw, if adopted, would create law and it is up to the Local Trust 
Committee to determine if they wish to adopt the proposed bylaw or make 
amendments. The work of a professional biologist and principles of best 
practices data have been applied. 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 3 of 12 
The title of the document is Best Management Practices for Raptor Conservation 
During Urban Rural Land Development in British Columbia and primarily for 
developers that are developing rural areas and looking at how to work around 
existing raptor nests. 
The original Development Permit Areas on North Pender Island were established 
based on 2005 guidelines, the proposed bylaw is based on more recent 2013 
guidelines , and any development in the identified areas would require a 
Development Area Permit. 
Are the trees identified located in current Development Permit Areas or new ones? 
Many are in existing Development Permit Areas within the previous buffer zone 
and some trees have been removed with others added. 
If a nest is in a current Development Permit Area can a tree be cut down? 
No. 
Has any jurisdiction rejected the Provincial best practices? 
Only a few jurisdictions have applied them. 
Why wouldn’t other districts have adopted them, why do we want to do this? 
The Development Permit Area already exists and the project was an effort to 
update the Development Permit Area to current guidelines to provide 
clarification on the regulations and to update the mapping. Islands Trust 
balances environmental and community needs and the increased size of the 
buffer zone is based on guidance about what size of protection area works best 
based on science. 
Why increase the buffer zone area, what is the motive to make it larger? 
Increased buffer areas are beneficial to the raptors based on science, the 
protection is both an environmental issue and one that was identified by the 
community as important. 
What was process to determine nesting trees? 
A professional biologist and local field naturalist surveyed trees and applied 
best practices guidance which is based on studies, science, experts, and wide-
ranging input to understand what an appropriate level is for a buffer zone. 
Should federal government lands have similar, or stronger, regulations that are 
applicable and shouldn’t it be studies done at the federal levels that drive this 
policy? 
The bylaw does not apply on federal land. 
Can one only add an accessory building without a permit during certain dates if their 
property is within a seasonal buffer zone? 
To do work within the seasonal time frame, one would require a professional 
report identifying recommendations around construction, mitigation, 
restoration, and avoidance which would be taken by staff and incorporated into 
a permit, unless an exemption applies. 
There is a lack of awareness of current bylaws and the initiative should be to raise 
awareness rather than expanding the buffer zone. 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 4 of 12 
It can be a challenge to educate community members about the Development 
Permit Area requirements; however, a mail out was sent out to all potentially 
impacted property owners.  
Is the 30-metre buffer zone changing to a 50-metre buffer zone? 
Most Development Permit Area buffer zones are currently 50-metres and will 
become larger. 
What other jurisdictions of have done this? 
The Regional District of Nanaimo is one that staff are aware of. 
Have other Local Trust Areas done this? 
No 
A tree on the speaker’s property has been identified as a nest tree; however, 
previous mapping did not indicate there was a nest tree on site and through a search 
no information was found that indicated there had been one. The property owner 
applied for a building permit, build a home, and then received a letter that there was 
a nest site.  
Mapping has been done by a professional biologist with expertise on the subject 
and it includes previously mapped trees and newly identified trees. New trees 
were identified through recent field surveys. 
Seasonal zones restrict what can be done and many individuals own property that 
did not fall within the previous boundary. What is likelihood that things will change 
again and can this proposed bylaw be changed? 
The Local Trust Committee can make any amendments to the proposed bylaws 
that they choose to make post public hearing. 
Can a referendum be undertaken. 
No. 
Is there any chance the Local Trust Committee will change their mind and leave 
zones as is? 
The Community Information Meeting is the fourth information meeting about the 
proposed bylaw, there has been a three-year process of looking at the potential 
effects of the bylaw and confirming nest tree locations, and the Trustees take all 
comments into consideration when making a decision. The bylaw is not about 
stopping development but puts boundaries in effect to ensure there is a 
conversation that occurs through the Development Permit Area application 
process. A Development Permit Area requires a permit to develop and it 
identifies an area that requires enhanced permissions to development. 
10. PUBLIC HEARING 
10.1 Raptor Nest Mapping Development Permit Area Project - Proposed Bylaw No. 
235 
10.1.1 Recess for Public Hearing 
   The meeting was recessed for a Public Hearing at 10:55 a.m. 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 5 of 12 
10.1.2 Recall to Order  
The meeting was recalled to order at 11:38 a.m. 
11. MINUTES 
11.1 Local Trust Committee Minutes Dated January 30, 2026 (for Adoption) 
By general consent the North Pender Island Local Trust Committee meeting 
minutes of January 30, 2026 were adopted. 
11.2 Section 26 Resolutions-without-meeting Report Dated March 2026 
  Received for information. 
11.3 Advisory Planning Commission Minutes Dated February 13 and March 6, 2026 
(for Receipt) 
  Received for information. 
12. BUSINESS ARISING FROM THE MINUTES 
12.1 Follow-up Action List Dated April 2026 
  Received for information. 
13. DELEGATIONS 
13.1 North Pender Island Housing Advisory Planning Commission - APC Report 
The Chair of the Advisory Planning Commission (APC) provided a report and 
highlighted the following: 
• The three reports submitted to the Local Trust Committee indicate the APC is 
solution oriented  
• The third report follows review of the Suitable Land and Build Out Analysis 
which resulted in the need to re-evaluate previous recommendations provided 
in respect of flex zoning 
• The APC is supportive of increasing the mix of housing options including 
clustered homes and duplexes or triplexes 
• The 2018 decision to permit secondary suites in Magic Lake Estates could result 
in a population increase of two to three times the current population 
• The APC disagrees with a need for broad based solutions and believes best 
success comes from focussed areas of need (e.g. affordable housing worker 
housing etc.) and site-specific zoning 
• The APC requested the Local Trust Committee look at analysis that has been 
provided and consider specific and targeted outcomes 
The Vice Chair of the Advisory Planning Commission provided the following 
comments: 
• Islands Trust Mayne Island template for flexible housing in not applicable on 
North Pender Island 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 6 of 12 
• The Local Trust Committee should look at how accessory dwelling units could 
be implemented without impacting density as these units can create the type of 
housing that might be desirable if limits are in place 
• Hard caps are an acceptable tool to control density 
• Options for consideration are summarized in the report 
• If the Local Trust Committee does not want to accept the concept of caps, then 
downzoning should be considered as there is need to reduce population density 
based on the current possibility of tripling the population 
14. CORRESPONDENCE 
Correspondence received concerning current applications or projects is posted to the LTC 
webpage 
15. APPLICATIONS AND REFERRALS 
15.1 NP-PL-DVP-2026-0026 (Heieis) - Staff Report 
Planner Belcher summarized the staff report and highlighted the following:  
• The application seeks a Development Variance Permit to allow an accessory 
building to be 1.5 metres over the maximum permitted height in Rural 
Residential 1 zone 
• The proposed building location limits design options for a new accessory 
building due to site slope and elevation 
•  At the date of the report two letters in support of the application had been 
received from neighbours and no letters of opposition had been received 
• The variance would not impact neighbouring properties site lines 
 
The applicant was in attendance and spoke to the application. 
Discussion ensued and the following comments were noted: 
• The height variance is to match other structures on the property 
• There is one potential lot that might be affected by the structure and a letter of 
support was received by that property owner 
NP-2026-016 
It was MOVED and SECONDED 
that North Pender Island Local Trust Committee approve issuance of 
Development Variance Permit application PL-DVP-2026-0026. 
CARRIED 
15.2 NP-PL-TUP-2026-0001 (Vermeeren) - Staff Report 
Planner Belcher summarized the staff report and highlighted the following: 
• The application seeks a Temporary Use Permit renewal for a short-term 
vacation rental within an existing dwelling 
• The renewal permit does not require notification to surrounding property owners 
• The operator is requesting to operate under the same conditions as those 
outlined in the original Temporary Use Permit 
The applicant was in attendance. 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 7 of 12 
The Local Trust Committee had no questions for the Planner or applicant. 
NP-2026-017 
It was MOVED and SECONDED 
that North Pender Island Local Trust Committee approve issuance of 
renewal Temporary Use Permit PL-TUP-2026-0001 for a period of three (3) 
years. 
CARRIED 
15.3 NP-PL-RZ-2026-0021 (Miles) – Preliminary Staff Report 
Island Planner Smith summarized the staff report and highlighted the following:  
• The application seeks rezoning to permit industrial uses on a portion of the 
subject property currently zoned Rural (R) 
• If the application moves forward staff will draft amending bylaws and issue 
terms of reference 
• The property owner is seeking to come into compliance with the Land Use Bylaw 
by rezoning a portion of the lot and requests current bylaw enforcement action 
be put in abeyance during the application process  
Trustees noted that should the application move forward the community 
consultation process could then be undertaken. 
NP-2026-018 
It was MOVED and SECONDED 
that North Pender Island Local Trust Committee directs staff to proceed 
with application PLRZ20260021 (Miles) and to prepare a draft bylaw. 
CARRIED 
NP-2026-019 
It was MOVED and SECONDED 
that North Pender Island Local Trust Committee permits the current home 
industry land use to continue during consideration of application PL-RZ-
2026-0021 15.1(b); and directs that bylaw enforcement actions, including 
the issuing of notices, to cease. 
CARRIED  
The meeting was recessed for a break at 12:18 p.m. and reconvened at 12:25 p.m.  
16. LOCAL TRUST COMMITTEE PROJECTS 
16.1 Raptor Nest Mapping Development Permit Area Project - Proposed Bylaw No. 
235 - Staff Report 
Island Planner Smith noted the proposed bylaw has been returned to the Local Trust 
Committee for consideration of second and third reading post public hearing and 
reviewed recommendations outlined in the report. 
Discussion ensued and the following comments were noted: 
• There is not a way to provide an update mechanism for a tree that has come 
down, the language in the Local Government Act specifies trees be designated 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 8 of 12 
and if a tree comes down then the property owner would be required to provide 
a professional report stating the tree is now exempt 
• The map would need to be amended in order to remove a tree and, as the map is 
embedded in the Official Community Plan, the Official Community Plan would 
need to be amended to remove a tree from the map 
• The non-seasonal permanent buffer zone was minimally changed from a 50-
metre zone to a 60-100-metre zone in accordance with provincial guidelines 
• The seasonal buffer zone affects the community and consideration of removing 
the seasonal buffer on eagle trees could be undertaken  
NP-2026-020 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee amends proposed Bylaw 
No. 235, cited as “North Pender Island Official Community Plan Bylaw No. 
171, 2007, Amendment No. 1, 2023” by: 
a.  Adding the following definition of nest tree in Subsection 7.7 
Interpretation: ‘Nest Tree – A mapped tree identified to contain a 
raptor or heron nest or a mapped tree that has previously been 
identified to contain a raptor or heron nest and still has the 
attributes to support nesting activity as determined by a qualified 
professional.’ 
b.  Deleting all references to designating ‘cliff sites’ in Article 5.2.8.2. 
c.  Amend the draft bylaw to remove seasonal buffer areas from eagle 
nest sites. 
CARRIED 
NP-2026-021 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee proposed Bylaw No. 235, 
cited as “North Pender Island Official Community Plan Bylaw No. 171, 2007, 
Amendment No. 1, 2023” be read a second time, as amended. 
CARRIED 
NP-2026-022 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee proposed Bylaw No. 235,  
Amendment No. 1, 2023” be read a third time. 
CARRIED 
NP-2026-023 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee proposed Bylaw No. 235 be 
forwarded to the Secretary of the Islands Trust for Executive Committee 
Approval, and to the Ministry of Housing and Municipal Affairs for Ministerial 
approval following Executive Committee approval. 
CARRIED 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 9 of 12 
16.2 Housing Access and Affordability Project – Staff Report 
Island Planner Smith summarized the staff report and highlighted the following: 
• The Local Trust Committee endorsed the Housing Action Plan at their May, 2026 
meeting 
• The Advisory Planning Commission reviewed mapping outputs and has provided 
recommendations for consideration 
• Enabling a cap creates administrative challenges 
• Receiving the draft bylaws will allow for additional refinements and 
amendments based on further community engagement prior to the initiation of 
bylaw referrals and consideration of first reading 
Discussion ensued and the following comments were noted: 
• The discussion has been based on how to create potential housing to solve 
current housing issues 
• The Advisory Planning Commission’s recommendation option 1 suggests the 
addition of 110 units with the understanding that it is reviewed in five years and 
this allows for potential housing and time to determine what the uptake is 
• Competing considerations include the need for affordable housing that is 
distributed in a way that is appropriate for the community while not overbuilding 
• The Planner noted a better approach from a regulatory management 
perspective and for fairness and equity is to not create a first past the post 
scenario and looking at option 2 which applies to all lots of a certain size which 
will allow broader use 
• It important to separate flex zoning from allowing an accessory dwelling unit or 
secondary suite, and if flex zoning is not implemented exploration of permitting 
an accessory dwelling unit or secondary suite might still be recommended by 
staff 
• The Planner indicated there is an option to not include flex zoning in lots zoned 
Rural 2 and Rural and ask the Advisory Planning Commission to explore more 
options under their recommendation 2 as allowing accessory dwelling units as 
an alternative to secondary suites would allow opportunities for a property 
owner to build a small rental unit or unit for family 
• The impact of an accessory dwelling unit is likely similar to that of a secondary 
suite in terms of water use, building footprint etc., but may add more options for 
creating long term rentals, age in place scenarios etc. 
• The Local Trust Committee can receive the bylaws as they are presented and 
then consider feedback provided at the upcoming Community Information 
Meeting 
Trustee Morrison left the meeting at 1:31 p.m. 
NP-2026-024 
It was MOVED and SECONDED, 
that North Pender Local Trust Committee request staff remove flexible 
zoning references in the R and RR2 zones from draft Bylaw No. 240 and No. 
241. 
CARRIED 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 10 of 12 
NP-2026-025 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee receives draft Bylaw No. 
240, cited as ”North Pender Island Official Community Plan Bylaw No. 171, 
2007, Amendment No. 1, 2025” as amended. 
CARRIED 
NP-2026-026 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee receives draft Bylaw No. 
241, cited as “North Pender Island Land Use Bylaw No. 224, 2022, 
Amendment No. 1, 2025” as amended. 
CARRIED 
NP-2026-027 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee directs staff to update the 
Housing Access and Affordability project charter consistent with the 
recommendations in the April 10, 2026 staff report. 
CARRIED 
17. REPORTS 
17.1 Work Program Report 
17.1.1 Active Projects Report Dated April 2026 
Received for information. 
17.1.2 Future Projects Report Dated April 2026 
Received for information. 
17.2 Applications Report Dated April 2026 
Received for information. 
17.3 Trustee and Local Expense Report Dated Feb 2026 
Received for information. 
17.4 Adopted Policies and Standing Resolutions 
Received for information. 
17.5 Local Trust Committee Webpage - None 
17.6 Islands Trust Conservancy Report Dated Feb 2026  
Received for information. 
  

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 11 of 12 
18. NEW BUSINESS 
18.1 2025/26 Annual Report - Request for Decision 
NP-2026-028 
It was MOVED and SECONDED, 
that North Pender Island Local Trust Committee approves the attached text 
for inclusion in the 2025/26 Annual Report for approval by Trust Council and 
submission to the Minister of Housing and Municipal Affairs. 
CARRIED 
19. UPCOMING MEETINGS 
19.1 Next Regular Meeting Scheduled for May 29, 2026 at the St. Peter's Anglican 
Hall, Pender Island 
20. PUBLIC PARTICIPATION PERIOD  
There were no public comments. 
21. CLOSED MEETING (Distributed Under Separate Cover) 
21.1 Motion to Close Meeting 
NP-2026-029 
It was MOVED and SECONDED, 
that the meeting be closed to the public in accordance with the Community 
Charter, Part 4, Division 3, s. 90(1)(f): 
(f) law enforcement, if the council considers that disclosure could 
reasonably be expected to harm the conduct of an investigation 
under or enforcement of an enactment; 
AND that the recorder and staff attend the meeting. 
CARRIED 
The meeting was closed to the public at 1:42 p.m. and adjourned following the in-camera portion of 
the meeting. 
21.2 Recall to Order 
21.3 Rise and Report 
Chair Maude will rise and report at the next regular business meeting. 
 
22. ADJOURNMENT 
By general consent the meeting was adjourned at 1:53 p.m. 
 
 
 
_________________________ 
David Maude, Chair 

 
North Pender Island Local Trust Committee 
Regular Meeting 
April 10, 2026 ADOPTED Page 12 of 12 
Certified Correct: 
 
_________________________ 
Lisa Millard, Meeting Administrator/Recorder