TOWNSHIP OF GEORGIAN BAY PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE Minutes of the meeting of October 19, 2004 held in the Baxter Ward Community Centre, Township of Georgian Bay, Port Severn, Ontario. MEMBERS PRESENT: Member C. BAINES Councillor J. BOWDEN, Vice Chair Councillor H. JACKSON, Chair Member T. JEFFRIES Member P. SCHMID Member J. WYNDOWE Absent: Member J. CHILD TOWNSHIP OFFICIALS: B. Munro, CAO-Clerk/Treasurer D. Parks, Manager of Planning and Community Development T. Weatherell, Planning Technician 1. The Meeting was called to order at 2:05 p.m. 2. Declarations of Pecuniary Interest - None 3. Adoption of Agenda and Minutes JEFFRIES-SCHMID BE IT RESOLVED THAT the Planning and Community Development Committee Agenda dated October 19, 2004, be adopted as amended to include: Discussion on the height restriction as per the Interim Control By-law Report from the Chief Building Official on the septic system re-inspection program. PCD-208-2004 BAINES-WYNDOWE BE IT RESOLVED THAT the Planning and Community Development Committee minutes dated September 28, 2004, be adopted as circulated. PCD-209-2004 OCTOBER 19, 2004 PAGE 1 of 5
WYNDOWE-BAINES BE IT RESOLVED THAT the Planning and Community Development Committee of the Township of Georgian Bay, as provided for in Section 20 of the Procedural By-law, does hereby agree to suspend the procedure, in order to permit The District of Muskoka Planning Department and the Township of Georgian Bay Planning Department to report on possible amendments to By-law 91-19 at approximately 2:14 pm. PCD-210-2004 By-law 91-19 Review Program -Trevor Hawkins, District of Muskoka Planning Department & David Parks, Township of Georgian Bay Planning Department Committee reviewed the main topics from last meeting with regards to lot coverage, gross floor area and the shoreline activity area. Committee then discussed and reviewed zone provisions for urban development. It was agreed that Mr. Hawkins and Mr. Parks would provide revised urban lot standards for next meeting. Septic Re-Inspection Program - Len Leitch, Township of Georgian Bay Chief Building Official Chair explained the history of the septic re-inspection program that was started 5 years ago. Mr. Leitch stated that the Building Department s re-inspection program is 99% complete, but there are many repairs that have to be made. Mr. Leitch also explained that they have had very few failures with the Class 4 systems, most of the failures arise from existing grey water pits. Mr. Leitch mentioned that it would be up to Council if the Building Department should re-inspect and flag all steel tanks that exist. Which are a potential problem after twenty years. Mr. Leitch explained to the Committee that the Building Department has no authority to make residents replace a working septic system. 4. Delegations Bear Lake Road Extension Mary Lou and Tom Sjoholm Planner explained the purpose, effect and the history of the property and read the conditions from the Public Works Committee s recommendation. Mr. Sjoholm explained that they had been using a friend s property to keep their boat, which enabled them to get to their island. But, since April 2004, the owners daughter has taken over the property and requested that they do not use the property. Mr. Sjoholm also explained that they purchased a 113-acre parcel of land in the Township of Muskoka Lakes, which is adjacent to The Township of Georgian Bay, and hoped they could obtain approval to cross the Township s Concession Road Allowance to build a driveway and dock, to allow them to access their island property. Committee had concerns on the width of the driveway proposed. Mr. Sjoholm explained that it was going to be 12 feet wide because he has had some health problems and he would like it wide enough for an ambulance to access the dockage area. OCTOBER 19, 2004 PAGE 2 of 5
5. Business Arising from the Previous Meeting Chair explained that at the last Council meeting, the Chief Building Official provided that there is no definition in the Ontario Building Code for a one and a half storey structure, only a first and second floor. Member Bowden explained the hand out provided to the members regarding height for the interim by-law. BOWDEN-SCHMID BE IT RESOLVED THAT the Planning and Community Development Committee recommend the passage of a holding by-law to limit the height of dwellings on the shores of the body of waters known as Georgian Bay in accordance with the attached. PCD-211-2004 6. Department Head Reports & Question Period WYNDOWE-BOWDEN BE IT RESOLVED that the Planning and Community Development Committee recommends to the Council of the Township of Georgian Bay, that the request for an extension of Bear Lake Road be approved subject to the conditions recommended by the Public Works Committee dated September 27, 2004 with the provision that this road is for providing access to the island property located opposite Concession 12, Lot 1, Medora Township now in the Township of Muskoka Lakes. PCD-212-2004 7. New Business 7.1 Public Meeting Blasting Aberdeen Island - Rick Balaz, Owner, Armin Grigaitis, Patricia Potter, Agents Councillor Bowden stated that he had thoroughly investigated the potential need to declare a conflict with regard to this application and had determined a declaration of pecuniary interest was not applicable. However Councillor Bowden stated that if the applicant had any objection or was uncomfortable with his continued presence at the table he would remove himself from the discussion. The applicant, Mr. Balaz indicated that he had no objection to Councillor Bowden s participation in the discussion. Planner explained the purpose and effect of the proposed blasting application. Councillor Bowden explained the history of the Blasting By-law. Mr. Grigaitis explained that the subject property is very exposed to wind and waves on the north and east sides of the island. The property is particularly vulnerable to large wakes from passing boats which can often reach up to 2 metre crests, making it almost impossible to construct a dock on the east side with any degree of shelter. In addition, the eastern coastline is riddled with shoals and loose boulders, which would require any dock or boathouse on this side to be at least 100 feet out from the waters edge. In the area adjacent the proposed building site for the cottage lies a very protected area of water that would make OCTOBER 19, 2004 PAGE 3 of 5
an excellent safe harbour for a dock and boathouse. In addition to being a very protected harbour close to the building site, the proposed site is the most discrete location for the development of docks and a boathouse since it is barely visible from the surrounding cottages, and would have little or no negative impact on the neighbourhood. In times of medium to high water on Georgian Bay, the area is contiguous with the water levels of Georgian Bay and one can access the area with a powerboat. During the existing lower water levels, this area becomes a tide pool that is separated from Georgian Bay by a barrier of bedrock that is approximately 16 inches above the lake at current water levels. The Balaz family has asked Mr. Grigaitis to assist them with an application to blast a 30 foot wide channel as shown on the attached drawings and aerial photos, in order to provide a safe harbour for their boats and an amphibious float plane. The proposed work would be done over winter in order to mitigate any social impacts on the neighbourhood relating to the proposed construction work as well as mitigate any negative impact on the eco system and fishery. Mr. Grigaitis added that the proposal included removal of the shot rock from the waterfront area and disposal of the rock in a low area on the interior of the property where it would be covered with soil and re-vegetated with natural plants and re -forested white pine trees. The proposed channel would be natural in appearance with no shot rock left on shore and no bedrock would be removed above 176.9 metres above sea level which is ½ meter below the high water mark. Mr. Grigaitis informed the Committee that Mr. and Mrs. Balaz enjoy the natural appearance of the shoreline and would prefer not to disturb the eastern coastline with any structures. They are prepared to enter into a site plan agreement with the Township that would preclude any structural development along this coast, if permission is granted by all regulatory authorities for the creation of the channel to the harbour. Mr. Grigaitis added that Mr. and Mrs. Balaz are concerned about any negative environmental impacts as a result of this proposal, and have retained the firm of Michalski Nielsen & Associates to provide environmental data to guide them through the project. Mr. Michalski, his Botanical expertise and Mr. Grigaitis visited the subject property where Mr. Michalski and his associate studied the property in order for Mr. Michalski to provide his expert opinion for the benefit of the public meeting. Mr. Michalski explained that the area to be blasted is a shallow tide pool about 12 to 13 inches deep, which drains into the bay. He also explained that the channel created would enhance fish habitant. Plants and species will re-colonize over time. The location for mooring is hidden from the neighbours, which will have less impact on them. Mr. Michalski explained that the Provincial Policy Statement, 1997, states that you can make changes to fish habitant and waterways as long as no negative impact is created. The definition for negative impact is loss of species, fish etc. He explained that there will be loss but not a total loss, and over time the channel will recolonize. Mr. Balaz explained his intended use of the property and would like the dock in the channel so it is less visible for the neighbours. The Committee had concerns on the amount of rock that will be removed and where it will be placed. Mr. Grigaitis stated that the rock would be placed in locations offsite once a site plan agreement is in place. Mr. Craig Corbett explained that the ecosystem will be destroyed and that the proposal does not meet Section 9, subsection a) or b), of the Township s Blasting By-law. He also explained that Aberdeen Island has never had access from this channel before. Dr. Neil Hutcheson PhD, stated that he does not agree with Mr. Michalski findings. He explained that there are muddy layers in the pond, which are used for fish spawning, and many reptiles and amphibians, which would be detrimentally affected if a channel were created. OCTOBER 19, 2004 PAGE 4 of 5
Ms. Andrea Ferrin stated that she has spent many years on this island and there is actually two ponds not one, she has fly fished in these ponds and these ponds have breeding catfish, minnows, pike and turtles. Ms. Ferrin also stated that the proposed location for Mr. Balaz s boathouse is situated near a nesting ground for rattlesnakes. Dr. Murphy stated that he has major concerns. He shares the channel with Mr. Balaz and he has about 60 metres of frontage on the channel. Mr. David Matthews mentioned that the blasted rock would equal three hundred construction bins. Mr. Matthews also stated that a survey was completed three to four years ago for the Cognashene Cottage Association and the number one concern was the environment. He added that the proposed blasting is an environmental concern. Mr. Drew Collier wanted to know when the lots were created, was there a proposed dock location and did the applicant have Ministry of Natural Resource approval? Chair inquired if it was possible to see the Consent file to determine if there was a proposed dock location? Planner explained that it was possible to acquire the Consent file for review. Planner also explained that the Ministry of Natural Resources and the Department of Oceans and Fisheries are waiting for Township approval. Mr. Grigiatis mentioned that they tried to contact the Department of Fisheries and Oceans but they are on strike. Mr. Grigaitis, after conversations with Mr. Balaz, requested a deferral to amend the proposed blasting application, in order to offer the residents with the option of blasting but not as far in to the pond area. Mr. Parks advised that a new notice would be provided on any revised application. JEFFRIES-SCHMID BE IT RESOLVED THAT the Planning and Community Development Committee recommends to the Council of the Township of Georgian Bay, that the blasting permit for Aberdeen Island, being Part 1 of Part RP 35R16084, known as 12 Island 2480 Georgian Bay Shore be approved subject to: 1. The applicant entering into a site plan agreement with the Township of Georgian Bay to ensure the blasted rock is not visible from the shoreline. 2. That a letter of credit be provided to ensure that the blasted rock is deposited in accordance with the Site Plan Agreement. DEFERRED PCD-213-2004 8. Adjournment BE IT RESOLVED THAT the Planning and Community Development Committee does hereby adjourn at 5:45 p.m., until November 9, 2004, or the Call of the Chair. BOWDEN-BAINES PCD-214-2004 HAYES JACKSON BONNIE MUNRO CHAIR CAO-CLERK/TREASURER OCTOBER 19, 2004 PAGE 5 of 5