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Oak Grove Collection

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Hornby Island Community Archives

R.G. 39

Acc. No.: 2019-12-13/99; 2019-12-13/100

Finding aid created by: Regan Fahey

Last Updated: December 2019

Title: Oak Grove Collection

Level of description: collection

General material designation: textual records and cartographic materials

Extent: 39 cm

Creator(s): Hornby Island Local Trust Committee, Islands Trust, Concervancy Hornby Island, Keith Sorenson, Carol Martin, Tony Law, Robyn Addison, Jim Prior, Rob Howat, Thea Jensen

Scope and content: This collection is comprised of documents spanning over 3 decades, chronicling the development of the High Salal strata subdivision by developer Keith Sorenson and the Grass Roots Land Corporation and the efforts of local Islands Trust and Conservancy Hornby Island representatives, among others, to secure the conservation and protection of a Garry Oak grove located within the private property of the development.

Source of supplied title: The title is based on the subject of the collection.

Immediate source of acquisition: All original accession date(s) and donor(s) are unknown as the Archives acquired the records several years prior to their being accessioned in 2019. In 2017 Judith Lawrence donated the personal files of Thea Jensen, accrual 2019-12-13/100

Arrangement: The original filing scheme of the records was reconstructed during archival arrangement on the basis of chronological order.

Language of materials: English

Record no.: 39

Repository: Hornby Island Community Archives

Finding aids: Finding aid available with file level control

Related groups of records: Both the Islands Trust and Conservancy Hornby Island have collections in the Hornby Island Community Archives. The local newspaper First Edition has many articles related to this topic over the years – see accrual 2019-12-13/100 for some specific dates.

Accruals: 2019-12-13/100

File Inventory

Box 1

1-1 Correspondence and legal documents, 1968

Re: proposed subdivision of Lot A, Sections 8 & 9, relief for requirements for minimum access to water frontage in leiu of 11 acres dedicated as public park (note- this copy is poor quality, another copy of these documents can be found in Box 2, File 3)

1-2 Correspondence, memorandum and notes, 1975, 1977-1979

Re: park dedication, request from local trustee James Prier for a more comprehensive presentation of items such as covenants and setbacks from developer Keith Sorenson, aims of development property holder, trail access, need for land use contract to guarantee proposals made by developer, preservation of lot 21 in perpetuity from development as it contains a stand of Garry Oaks, reasons for the Hornby Island Trust Committee opposition to the High Salal subdivision, beach access concerns, subdivision approval process, Hornby Island Community Plan, notes on comments and recommendations on strata development from trustees Carol Martin and Betty Smith, map of pre-1979 proposal, water system, approval of subdivision by Ministry of Enviornment, approval by local Trust Committee for first phase only, acceptance of Preliminary Layout Approval by the local Trust Committee for the entire Sorenson project on the conditions of detailed site consideration of lots near oak grove and assurances of trial access between Helliwell Park and Tribune Bay, preliminary layout approval granted by Ministry of Highways, and miscellaneous.

1-3 Correspondence and notes, 1980-1983

Re: fire protection, trail construction, well log construction record, Statutory Right-of- Way for the trail, notes, request for caretaker dwelling approval and miscellaneous

1-4 Correspondence and notes, 1986, 1988 (1 photograph)

Re: approval for phase 2, closure of trial by developer Keith Sorenson, proposal to trade trail access to Tribune Bay for preservation of the oak grove, and miscellaneous

1-5 Memorandum, correspondence, minutes and maps, 1989

Re: request from Island Trustees and senior planner to Ministry of Highways that final approval of the phases of development comply with #5 and #7 of the preliminary layout approval, the trail and the possible exchange of portion of trial for oak grove protection, developer concerns over trail use and costs of ensuring “trail protocol” at an estimated $75,000 and request for Islands Trust to confirm responsibility for the cost, closure of the trail, application to cancel right-of way for trail, 3 maps of the High Salal subdivision, request for detailed site plan of oak grove and proposed stata lots, request to transfer of trail covenant from Ministry of Transportation to the Islands Trust, frustration from the Islands Trust over lack of implementation of Section 5 and 7 of the preliminary layout agreement and protection of the oak grove, proposal from Keith Sorenson to trade statutory right of way for covenant that allows for occasional limbing or cutting dead and diseased tree and setting the lots in the grove back while maintaining ocean views, rules of High Salal Island Ranch, map of proposal, and miscellaneous

1-6 Notices, minutes, correspondence, map and notes, 1990

Re: notice of townhall meeting about recent clearing in Oak Grove, minutes of that meeting, communication to Micheal Berman from Carol Martin asking for his assistance and from an unknown person associated with the High Salal subdivision with accompanied log book of their activities, bylaw amendments, reply from M Berman, writing on the signifigance of the garry oak stand, notes on a short history of the issue, request from Islands Trust for propsed layout of remaining 37 lots, transfer of right-of- way of trail to Islands Trust, minutes of trust meeting, notes, trail issues, High Salal map of all phases with trial proposal and miscellaneous

1-7 Correspondence, notes and maps, 1991

Re: Community Plan, initiation of phase 4 of development, map of oak grove covenant area, request from Islands Trust for clarification on position of Ministry of Highways, extension of the 1979 preliminary layout agreement, meeting notes, other notes, well data, draft of letter from Islands Trust lawyers to Approving Officer related to park dedication, grove protection and trail covenant, Hornby Island Trust Committee Resolution without Meeting, historic summary of oak grove/trail issue, letter from Islands Trust lawyers to approving officer, map of phase 3, intended building envelopes for phase 4 with accomponied map, letter from Islands Trust to Approving Officer with concerns for phase 3 and 4 development and the lack of adherence to original commitment by developer to design a subdivision that did not disturb the oak grove, proposed covenants, 3 maps, notes and miscellaneous

1-8 Correspondence, notes, maps and minutes, 1992

Re: Garry Oak site at High Salal, notes, request from Ministry of Highways for detailed site plan of oaks and proposed building envelopes, resolution without meeting High Salal Strata Subdivision referral phase 4, map of tree types and locations, building and landscaping regulations for lots 25-30 and covenants on 10 ‘wildlife’ firs, map of lots 25- 30, minutes of trust committee meeting, Trust position regarding lot lines, convenant and 5% park dedication, reply to Trust that its’ position leaves no common ground with developer, status report to community from the local Trust outlining the history and the Trusts’ current position, draft of letter to Ombusdman and Minister of Highways outlining history of subdivision from the perspective of the local Trust, map of phase 4 and 5, letter of understanding between Hornby Island Trust Committee and GrassRoots Land Corp., and miscellaneous

1-9 Notes, correspondence, ephemera, and reports, 1993

Re: notes, Carol Martin meeting with Minister of Transportation and Highways, Hornby Island Area Planning Commission expressed expectation that the developer would follow the original 1979 plan with lot lines outside of the grove, notes, petition, The Log newletter with article about the “Thousand Oaks”, plans for a public meeting with developer, funding proposal for study of Garry Oak ecosystems, copy of newspaper article, requests for assistance in protecting the oak grove, oak grove study by David Veale, ecological investigation of the oak grove by Wayne Erickson, setbacks for lot lines, resolution without meeting, support from Nature Conservancy of Canada, summary of issues surrounding subdivision, bylaw regarding setbacks from cliffs, ending of attempts at negotiation between Islands Trust and Mr Sorenson with no agreement, developers appeal to approving officer that intent in original 1979 preliminary layout approval was to build in the oak grove and to include a covenant

1-9 Notes, correspondence, ephemera, and reports, 1993 (con’t)

premised on being granted relief on

frontage building setbacks, and miscellaneous

Box 2

2-1 Correspondence, notices, notes, and memorandums, 1994

Re: recommendations from Ministry of Environment, Lands, and Parks, notice of public information meeting and some background on the issues at hand as well as some possible reconciliations between the Trust and the developer positions, notes, request to BC Parks from Provincial Approving Officer Rob Howat for more definitive answers regarding key issues in the oak grove controversy, final approval for phase V, development variance permit application, request by developer to have 30 m setback from a park bylaw be overturned for the 5 affected lots, request from Conservancy Hornby Island to be informed of any development variance permit applications and questions regarding a conservation zone in the oak grove and any covenants, request for access to records, notes on correspondence, questions from Conservancy Hornby Island as to whether protocol had been followed for the approval of lots and requests certain requirements to be met before final approval of lots 24-30, community feedback to DVP application, and miscellaneous

2-2 Correspondence, notes, notices, reports, and maps, 1995

Re: 30 m buffer bylaw and development variance permit application, retention of Calvin Sandbourn by Conservancy to investigate and provide legal opinion on how best to protect the Garry Oak Grove, approval of phase 4 and opportunity for local trust input, Advisory Planning Commission recommendations regarding development variance permit application, request to Ministry of Transportation & Highways from Islands Trust Executive Director to ensure there is a clear process of notification and consultation for approval of phase 5, request for information, draft restrictive covenants, notes, endangered butterfly species, invasive plant species, information sheet distributed by Conservancy regarding phase 5 approval, proposal from Conservancy to BC Parks to acquire the “Thousand Oaks” grove, notes on questions for public meeting with approving officer Howat, brief history of the issues and appeal to Minister of Environment, Lands and Parks to intervene in the favour of the grove from Carol Martin, walk of the oaks by officials from Ministry of Highways and Environment, K Sorenson, Islands Trust and Conservancy representatives, future transfer of subdivision approval authority from MOTH to Islands Trust, report from BC Environment, maps of strata lots, 5% park dedication, Conservancy application for funding from West Coast Environmental Dispute Resolution Fund, chronology of documents related to Helliwell Phase of High Salal development, Ombudsman review, approval of EDRF application, and miscellaneous

2-3 Correspondence, maps, notes, reports, and minutes, 1996

Re: covenant, map, request for information from HIRRA, Ministry of Environment and Sorenson meeting, recommendations to Ministers from Islands Trust, reply to Conservancy from BC Environment, notice from C.Sandbourn to provincial approving officer R.Howat that Sandhorn acts as legal representative of Conservancy, assesment walk in oak grove by multiple interested parties, notes on conversation with C.Sandbourn, C.Martin notes to file on several conversations regarding oak grove, notes, 2-3 Correspondence, maps, notes, reports, and minutes, 1996 (con’t)

proposed covenants, C.Sandbourn to approving officer that phase 5 not be approved

until Section 992 of the Municipal Act (up to 5% park land be dedicated upon subdivision) is fullfiilled and the covenants are strengthened, chronological summary of letter & events, Conservancy’s reasons for recommendation that Phase 5 not be approved, update conversation with C.Sandbourn, minutes from Conservancy meeting, map, HIRRA report on review of the documents, reply from Grass Roots Land Corportation legal representation regarding Section 992 and miscellaneous

2-4 Notices, correspondence, financial documents, and notes, 1996

Re: Conservancy news release, C.Sandbourn final bill, retention of D.Olstead as replacement representation, park dedication, covenants, approval for West Coast Environmental Dispute Resolution Fund, notes, HIRRA request for Ombudsman review of decision declining to investigate High Salal subdivision process, Advisory Planning Commission response to proposed covenants for phase 5, Conservancy recommendations to Trust Committee regarding latest re-application for subdivision of phase 5, Local Trust Committee response to Provincial Approving Officer response to referral phase 5 and miscellaneous

2-5 Correspondence, reports, maps and minutes, 1968-1996

Re: documents compiled by an unknown hand/organisation, possibly to support legal arguments.

Section 1A – Hornby Island Residents & Ratepayers Association Motion and Associated Correspondence (1-9)

Section 1B – Significance of the Grove (1-9)

Section 2 – Original PLA and Maps (1-2)

Section 3 – Phase 3 Approval Process, 1990-91 (1-12)

Section 4 – Issue of Parks Dedicaton – 1991 (1-4)

Section 5 – PLA Approval – 1991 (1-4)

Section 6 – Requirment to Map Oak Grove (1-5)

Section 7 – PLA Renewal Request, Absence of Subdivision Application Referrals, Reversal of Phases 4 & 5 (1-11)

Section 8 – Aftermath of Phase 4 (Helliwell) Approval (1-8)

Section 9 – Phase 5 Approval Process (1-11)

Box 3

3-1 Correspondence, notices, reports, financial documents, 1997

Re: park dedication, authorization by Conservancy to legal represenatation to take appropriate legal actions to protect oak grove, approved plans and restrictive covenants for phase 5, response of Ombudsman to HIRRA, synopsis of events culminating in injuction to have Court review approving officers approval of phase 5 subdivision application, “Last chanse to save oaks” notice with map, Conservancy report to AGM of HIRRA, Conservancy suggested position regarding March hearing, Conservancy Board position for satisfactory resolution, request for more funds from West Coast Environmental Dispute Resolution Fund, rough draft of information from Conservancy to public, affidavit of Ron Emerson focusing on park dedication, response to and comments on Keith Sorensen’s affidavit, covenant management plan for the Oak Grove,

3-1 Correspondence, notices, reports, financial documents, 1997 (con’t)

Re: key faults in the case put forward by Conservancy’s legal representation, and miscellaneous.

3-2 Notes, and correspondence, 1990-1991,1993-1994,

Re: documents related to Phase 3 approval process, PLA extensions, and the consultative process gathered by an unknown hand, possibly to support legal arguments.

3-3 Legal documents, 1997

Re: Petition of Conservancy Hornby Island in the Supreme Court of Canada

3-4 Notes, n.d

Re: handwritten notes

3-5 Maps, n.d (13 maps)

Re: setbacks, Oak Grove phase with handwritten notes, Plan 21814 of strata lots, and early strata plan

3-6 Ephemera, n.d

Accrual 2019-12-13/100

3-7 Ephemera, notes, correspondence, maps,minutes and notes 1993, 1995-1997

Re: newspaper article, Protected Areas Strategy Map, phase 5 Oak Grove map prepared by Conservancy for Islands Trust, correspondence to and from government officials, oak grove tour with Islands Trust, Conservancy, Ministry of Transportation and Highways, Ministry of Environment, the developer and others, Conservancy response to proposed phase 5 summary and recommendations to the Hornby Island Trust Committee, defining the oak grove, recommendations from Islands Trust Chair to Ministries, minutes of Conservancy meeting with Ministry of Environment representative and Approving Officer, newspaper articles, drafts of Conservancy press release, ephemera, notes and miscellaneous (note – copies of the following First Editions articles were discarded : July 1991, March, April and August 1992, March and October 1993, December/Janurary and April 1995, February, August, September and October 1996 and February 1997. These can be found in the First Edition reference files.)