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HomeMy WebLinkAboutNovember 7, 2011 I Planning & Development Ci~ o~ Committee Agenda Monday, November 7, 2011 PICKERING Council Chambers 7:30 pm Chair: Councillor Pickles Part "A" Pages Planning & Development Reports 1. Director, Planning & Development, Report PD 31-11 1-31 Proposed Wireless Cell Tower Installation Public Mobile 2305 Fairport Road . (Part of Lot 26, Concession 2) City of Pickering Recommendation That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 2305 Fairport Road based on the design and other details submitted with this request. 2. Director, Planning & Development, Report PD 32-11 32-57 Zoning By-law Amendment Application A 9/11 Long Holdings Inc. 1887 Kingston Road (North Part of Lot 17, Concession 1 Part 1 Plan 40R-6905) City of Pickering Recommendation 1. That Zoning By-law Amendment Application A 9/11 submitted by Long Holdings. Inc. to permit a music store and related uses on lands being the North Part of Lot 17, Concession 1 Part 1 Plan 40R-6905 City of Pickering be approved; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 9/11, as set out in Appendix I to Report PD 32-11, be finalized and forwarded to City Council for enactment. Accessible For information related.to accessibility requirements please contact r Linda Roberts P I C K E PT,, I V V Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobertsna-citvofr)ickerina.com Citq o0 Planning & Development Committee Agenda Monday, November 7, 2011 PICKERI Council Chambers 7:30 pm Chair: Councillor Pickles 3. Director, Planning & Development, Report PD 33-11 58-89 Proposed Wireless Cell Tower Installation Public Mobile 1939 Altona Road (North Part of Lot 32, Concession 1), City of Pickering Recommendation That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 1939 Altona Road based on the design and other details submitted with this request, and subject to the incorporation of a shroud over the tower equipment, and a tower colour similar to adjacent hydro towers. (II) Other Business (III) Adjournment City Report To _ Planning & Development Committee PICKERI1yG. ReportNumber: PD.31-11 Date: November 7, 2011 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Public Mobile 2305 Fairport Road (Part of Lot 26, Concession 2) City of Pickering Recommendation: 1. That Public Mobile be advised that City Council has no objection to the proposed -40 metre high cell tower installation at 2305 Fairport Road based on the design and other details submitted with this request. Executive Summary: On February 17, 2011, Public Mobile submitted a proposal to construct a 40 metre high tri-pole cell tower at 2305 Fairport Road. Since the submission of the initial proposal, Public Mobile completed their public consultation process, in accordance with Industry Canada requirements. Public Mobile has advised that no public comments were received and are requesting that City Council provide a statement of concurrence in support of the installation. City staff are supportive of the proposed installation. There are no communication towers within the search area for potential co-location. The proposed tower and equipment compound have been sited near existing hydro towers to minimize visual impacts to the area. In view of the public consultation, conducted by the applicant, and Council engagement associated with this proposal, the processing of this application through this report is not considered contrary to Council's recent resolutions regarding cell towers. It is recommended that Public Mobile be advised that City Council has no objection to the proposed cell tower at 2305 Fairport Road, based on the design and other details submitted with the request. Financial Implications: No direct costs.to the City are anticipated as a result of the proposed development.. Sustainability Implications: Enhancement to the wireless coverage at this location will improve business and community communication capability. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 f" 1.0 Background: On February 17, 2011 Public Mobile submitted a letter to the City Clerk outlining its proposal to construct a cell tower on the lands municipally known as 2305 Fairport Road (see Location Map - Attachment #1). 1.1 The Proposal The proposed installation is a 40 metre high lattice tri-pole communication tower and related ground cabinet. The tower is proposed to be located at the north limit of the subject property against the existing hydro transmission corridor. The base of the tower is approximately 2.4 metres wide. The ground cabinet, which houses the radio equipment, occupies an area of 1.8 metres by 2.5 metres and is located at the base of the tower. The tower and ground cabinet will be located in a fenced compound measuring approximately 10.0 metres by 20.0 metres. The compound is proposed to be set back. approximately 20.0 metres from Fairport Road. Access is proposed from the existing driveway off Fairport Road (see Applicant's Submitted Plan and Tower Elevation Plan- Attachments #2 and #3). 1.2 Property Description The lands known as 2305 Fairport Road are designated as Open Space System - Natural Areas in the Official Plan and zoned W- Rural Agriculture in By-law 3036 as amended by By-law 6578/05. The subject property is owned by Verbancic Tree Supply and is currently vacant. Surrounding land uses include agriculturakresidential uses to the north and west, the Canadian Pacific Railway line and Cherrywood Hydro Transformer Station to the south, and agricultural uses to the east. The applicant advises that the closest residential property (2365 Fairport Road) is approximately 190 metres from the proposed tower whereas our records indicate that the closest residential property (2310 Fairport Road) is approximately 150 metres from the proposed tower. 2.0 Discussion: 2.1 Required Public Notification has been completed Planning & Development staff are currently in the process of developing a protocol respecting the installation of cell towers for City Council's consideration. In the absence of a City protocol, applicants must follow. Industry Canada requirements as outlined in the Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunication and Broadcasting Antenna Systems". The Industry. Canada requirements for public consultation require the proponent to consult with the land use authority, and the public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. For structures 30 metres or more in height, proponents are required to place a notice in a local community newspaper circulating in the area. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 J Based on the proposed 40 metre tower height, the proposed installation required notification to three adjoining property owners within a 120 metre radius of the base of the tower. The applicant provided written notification to the three adjoining property owners and placed a notice of the proposed installation in the April 20, 2011 edition of the News Advertiser. They have confirmed that no public comments were received as a result of the notification process (see Applicant's Site Selection and Public Consultation Report - Attachment #4). 2.2 Co-location opportunities have been examined The installation and creation of separate, stand alone, radio communication towers and broadcasting facilities is discouraged unless all other co-location options have been explored and are considered unfeasible. Public Mobile has advised that there are no existing cell towers within their search area and that Hydro One- is no longer a willing host for cellular equipment on its towers. The applicant advises that the proposed installation would be suitable for co-location with other carriers. 2.3 Council Resolutions In May 2011, City Council passed Resolution 102/11 requesting Industry Canada to cease consideration of communication towers in any residential area of Pickering in order to establish criteria for all matters pertaining to land use for the installation of these towers (see Council Resolutions - Attachment #5). This resolution was a response to a number of cell tower installations that were erected without municipal and\or public consultation, specifically a proposed tower installation under 15.0 metres at 1820 Whites Road. The Whites Road proposal precipitated an earlier Council Resolution in April 2011 requesting that Industry Canada reverse approval of the tower and amend its policies to require municipal consultation on all installations, regardless of height (see Council Resolution 87/11 -Attachment #5). The applicant has provided confirmation that this proposed installation has been publicly circulated in accordance with Industry Canada requirements and the proposal is now before Committee and Council for consideration.. In view of the public consultation and Council engagement associated with this proposal, and as this proposed installation is not within a residential area, the processing of this application through this report is not considered contrary to Council's Resolutions. 2.4 Proposed Tower Location is Acceptable Staff support the proposed location of this cell tower facility. The proposed tower and equipment compound are proposed to be sited as close to the adjacent hydro corridor as technically feasible. This location will minimize visual impact on the area and the compound will be screened from public view by existing vegetation. Public Mobile's consultant informed the City, at the September 6, 2011 Planning & Development Committee Meeting, that this proposed installation is part of the network that would assist in the removal of the temporary cell tower installation located at the Bushmill Plaza. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impact on the surrounding area, is set back an appropriate distance from Fairport Road, and is not located in proximity to incompatible and\or sensitive land uses. Attachments: 1. Location Map 2. Applicant's Submitted Plan - Site Layout 3. Applicant's Submitted Plan - Tower Elevation 4. Applicant's Site Selection and Public Consultation Report 5. Council Resolutions Pre By: Approved/Endorsed By: Tyler Bar Neil Carroll CIPP~ RPP tanner - Site Planning Director, Pla'nni'ng & Development 114 Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB: Id Copy: Chief Administrative Officer Recommended for the consideration of Pickering C" Council 01~11 2-4(2-011 Tony Prevedel, P.Eng. Chief Administrative Officer v. j. THIRD CONCESSION N O Z M z C AVENUE 0 O 2365 FAIRPORT ROAD CANADA NOTIFICATION RADIUS HYDRO CORRIDOR PROPOSED CELLULAR o♦ TOWER i SUBJECT PROPERTY 2310 FAIRPORT ROAD o a \ L \ L - - - - - I - - - - - - - \ CHERRYWOOD. TRANSFORMER ETATI 0 N \ City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 2 Pt. Lot 26, RP 40R-20521 PART 1, 2, 5, 6 OWNER VERBANCIC TREE SUPPLY DATE Oct. 5, 2011 DRAWN BY JB FILE No. Public Mobile Cell Tower SCALE 1:5,000 CHECKED BY TB N c c ourcee• Teranet Enbrprl■e■ Ino. antl lt■ ■uPplien. All rlQhb Reserved. Not o plan of survey. PN-12 2005 MPAC and lte w lien. All n hte Reserved. Not a len of Surve . ii TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (2305 FAIRPORT ROAD) fl rl ~ I! PIN 26371-0945(LT) I - P I I PLAN 40R-0519 c.~ I I PIN 26371-0916(LT) U) PIN 26371-0466(LT) O Ti-kfiT a; *AN 40R--5255 C~ 120.0 METRE NOTIFlCATION F2AaIlJS PIN 26371-0500T,} FROM PROPOSED TRIPOLE o r: , ri I` I~ PIN 26371---094I3(L~) E ; X0521 \ ~o~ I I ~n PART 1, Pt~,N 40R-2 PIN 2637"-0907(LT) I ( ~ t 0'349 p~N s6:511 c~ N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. 31 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (2305 FAIRPORT ROAD) F1 tir y f + 4 P F1~.'.'f. 7Pv~alV III ~~YS~... F...... asx.. _ . THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. J . V , SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY (Agricultural Lands located south of Concession Road 3 and east of Whites Road and West of Dixie Road: PT LT 26 CON 2) Prepared for: The City of Pickering Prepared by: Public Mobile Thursday, October 06, 2011 . TABLE OF CONTENTS 1. Introduction & Jurisdictional Context 2. Site Justification 3. Collocation on existing tower(s) 4. Common Design Guidelines and Public Mobile's Response 3. Location 4. Description of Antenna System 5. Health, Safety & the Environment 6. Public Circulation Package and Comments List of Maps and Figures Figure 1 - Evolution of a Cellular Network Figure 2 - Evolution of a Cellular Network Figure 3 - Evolution of a Cellular Network Figure 4 - Changing Tower Profile over Time Figure 5 - Minimum Separation of Antenna Figure 6 - Co-location Figure 7 - Co-location Arial View Figure 8 - Tower Twist and Tilt Figure 9 - Tower Loading Figure 10 - Proposed Site Map Figure 11 - Tower design and elevation according to site survey Figure 12 - Newspaper Article: Original Template Figure 13 - Newspaper Article: As Listed Figure 14.1 - Public Circulation Brochure Side 1 Figure 14.2 - Public Circulation Brochure Side 2 Figure 15 - Circulation Map Figure 16 - Circulation List Map 1 - Location Map Showing Distance to Nearest Residential Dwelling 1. Introduction & Jurisdictional Context In recognition of the Federal Government's exclusive jurisdiction and in an attempt to promote balance, Industry Canada requires that proponents of telecommunication facilities consult with land use authorities as part of their licensing process. The requirement to consult can be found in Industry Canada's document, Client Procedure Circular CPC-2-0-03. According to the CPC, the purpose of consultation is to ensure that land use authorities are aware of significant antenna structures and/or installations proposed within their boundaries so antenna systems are deployed in a manner which considers local surroundings. Consultation must respect the Federal Government's exclusive jurisdiction and specifically does not give a municipality the right to veto the proposal. General information relating to antenna systems in available on Industry Canada's Spectrum Management and Telecommunications website http://strategis.ic.gc.ca/antenna i As a result of the Federal Government's exclusive jurisdiction, this proposed wireless facility does not require permitting of any kind. Similarly, zoning by-laws and Site Plan approvals do not apply to our facilities. Public Mobile attests that the radio antenna system described in this Site Selection package is excluded from environmental assessment under the Canadian Environmental Assessment Act. i Notwithstanding the Federal Government's exclusive jurisdiction, Public Mobile is committed to consultation with the Local Land-use Authority. In this case, the City of Pickering does not have an existing Telecommunications Antenna/ Tower and Related Structures procedure. This package is intended to provide the necessary information. as required by this policy for the Local Land-use Authority (City of Pickering) to review and provide a Letter of Recommendation. i 7 - 2. Site Justification 1-11 A radio antenna and a tower are the two most important parts of a radiocommunication system. The antenna is needed to send and receive signals for the radio station. The tower raises the antenna above obstructions such as trees and buildings so that it can send and receive these signals clearly. Each radio station Ind its antenna system (including the tower) provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to ensure that it provides a good signal over the whole cell area, without interfering with other stations and can "carry" a call as the user moves from cell to cell. y_ Y • n irexed niumber of calls Figure 1 If the station is part of a radio telephone network, the number of stations needed also depends on how many people are using the network. If the number of stations is too small, or the number of users increases people may not be able to connect to the network, or the quality of service may decrease. ( tj°~~.~- ♦ • S Y~ ~`~i~ sit' yy~ .«`°°tK'rx'~ , i ~ ~ - i Figure 2 r t ;Z 31 11... As the number of users exceed the capacity of the radio station to receive and send calls the I coverage area for the cell shrinks and the shrinkage between cells create coverage holes. As demand increases for mobile phones and new telecommunication services, additional towers are required to maintain or improve the quality of service to the public and restore contiguous wireless service. YJ5 .7~ µ -.s~ c t T • Figure 3 In this case, Public Mobile's RF Engineering department has determined the need for a Personal Communication Services (PCS) upgrade to adequately provide contiguous coverage and service to our existing and future customer base in and around the highway 38 corridor and neighbouring communities. Currently, our network is burdened by a combination of poor voice and data quality in this very large area. In some cases, the coverage is so poor that a handset would be unable to place a mobile call at all in the subject location and surrounding area. The result of this situation is on-going customer complaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Based on Public Mobile's RF Engineering team, a location was chosen east of Fairport Road on the property that is part of lot 26 concession 2. The location is on commercial lands owned and occupied by a private landlord, Verbanic Tree Supply & Landscaping LTD. 31-11 ion on existing tower(s) 3. Collocation Public Mobile strongly supports co-location on existing towers and structures. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. However tower infrastructure is a finite resource and over time most towers reach their engineered maximum. This normally results when more than two carriers occupy the same tower as illustrated below. Alterations to Further alterations original antennas m to original antennas I o -I include: direction, c azimuth, etc. Implemented Futures 5 1 Alterations to original I Addition of '2 r r 2nd Wireless Carrier 2nd Wireless v antennas i Carrier a Additional Netwok LL „ LL _7 Technologies/Equipment ,z 2001 2004 2009 Initial Single Carrier Tower Profile over Tower a period of time Figure 4 MINIMUM SEPARATION Minimum 1 metre separation between antennas required. Towers are limited in terms of both allowable ;l r space and engineering capacity. Each antenna array m„rt requires a separation of vertical space so they do not ! E create interference with each other (see figure 5). Interference with other antennas occur when there is less than 1 metre separation. The signal quality is reduced. Figure 5 1-1 I.. Generally a meter separation is standard, however, the closer the carrier frequency's are on the radio spectrum the more vertical separation is required. Because Bell, TELUS and Rogers operate is close proximity in the radio spectrum separation distances between antennas can be as much as 10 meters. Each successive carrier who requests space on a tower receives a lower and lower location. The impact on second and third tower co-locaters because the antennas are line-of-site is that the broadcast radius also shrinks. The location that the carrier achieves on the collocated site results in an uneven distribution of coverage. from a site effecting the location of the surrounding sites for each carrier. As you can see in figures 6 and 7 below demonstrate this effect. The I" carrier is able to locate its next tower further away from the collocated tower that either the 2°d or 3rd carrier. + 5 4'!a,r • r ~ ate" ~.,1„f''''~.~~r ; i c Tr' ~l'^. ~,i . r w.a...^- Figure 6 r r a 5 F11-IN f _ l7 `fi `L-rXZ 'a"~•WY ~.y}~'f' f i.r.'J!.ylbr~ ~''i f ` { - Cod auto To.w J^ Figure 7 31-11 Engineering capacity is a second limiting factor on how much equipment can be placed on a tower. The more equipment on a tower, the more wind and ice loading on the tower causes it to twist and tilt. Tilting has a direct impact on service quality of the tower. Since the signal is broadcast by line of sight the more it tilts the more the signal area changes causes some areas to move in and out of coverage. Dropped calls and unpredictable coverage is the result. TILTING OF TOWER Wind loadino causes towers to twist WIND; WIND' 7! The more equipment on a tower, the more the tower tilts. The more equipment on a tower, the more the tower twists. Tower Tilt causes the signals to be aimed away from the Twisting of towers causes the signals to be aimed away from target coverage area. The signal quality is reduced, target coverage area. The signal quality is reduced. Figure 8 Twisting of towers also causes the signals to be aimed away from target coverage area. The signal quality is further reduced. Towers that are loaded with antennas beyond the tensile strength of the steel both twist and tilt. A tower that is appropriately loaded operated within its specified parameters and twist and tilt is kept within operating norms. Overloading a tower can result in unacceptable tower operations or in some very rare cases tower failure. USULTs OF OVERLOADING A TOWER TOWER LOADING WINO WIND _ L A tower is designed to support and withstand site specific A tower is designed to support its equipment load and withstand loading. Exceeding the limits will compromise the tower's wind and/or ice loading that is specific to the site. structural integrity. Unfortunately do to the sparse development and low rise structures around the proposed site co- location is not a viable option. 4. General Tower Design Guidelines and Public Mobile's Response The following is a table outlining the City of Pickering design guidelines (general and for self supporting towers) and Public Mobile's response to each in this particular case. GENERAL PRINCIPLES PUBLIC MOBILE'S RESPONSE Co location is the preferred option for Public Mobile strongly supports co-location on existing accommodating new telecommunications towers and structures. The use of existing structures facilities as is locating other towers adjacent minimizes the number of new towers required in a to existing towers or hydro transmission given area and is generally a more cost effective way of towers doing business. There are no co-location opportunities within the search area of the proposed tower nor are there existing towers, transmission or otherwise. It should be noted that the proposed tower would be suitable for future co-location with third parties. Avoid locations that are sensitive to The tower is not in close proximity to any of these residential areas, historic sites, features. environmentally sensitive areas and hazard lands Avoiding areas of topographic prominence The proposed site location elevation is approximately 139 metres above sea level which corresponds with the average geographic elevation of the area. Care shall be taken in the placement, style There are no buildings immediately adjacent to the and colour of antenna and equipment proposed site. Furthermore the site and design of the shelters on or adjacent to existing buildings. proposed tower are proposed to be as noninvasive as possible. Tower lighting and colour will be dependent on Nav and Transport Canada location and height approval. Maintaining appropriate setbacks from road The proposed tower has been sited on existing rural allowances. lands. The location was specifically chosen in order to minimize the visual impact of the tower. There is no existing or future residential development in the area. The nearest existing residence is 192 away from the . proposed tower location. see ma below). 3. Location The proposed site will be located on Pt Lt 26, Con 2 Pickering Full Legal Description: PT LT 26, CON 2, PICKERING, PTS 1,2,5 & 6 ON 40R20521, PICKERING, REGIONAL MUNICIPALITY OF DURHAM, S/T DI9135,S/T EASE OVER PTS 5 & 6, P L 408.20521 AS IN DR14878, S/T EASE OVER PTS 1,2,5 & 6 ON 40R20521 AS IN DR14880, T/W ROW OVER PTS 3 & 4 ON 40R20521 AS IN DR14879 Tower Centre Co-ordinates: 43 51' 19.8" N, 79 07' 13.6" W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 200.0 sq.m fenced compound and is not accessible to the general public. { Q 3 i71 l Irv to Resident ma'r' - E-192 metres Y _ t i < t. ,K~: t d Q r x;~ 1 t rt _ t y ~ ,~n. ~ 1i~.1 c ~ r•~ rY .r'r~~ -ak+ ~mr',~ ~ f'`✓ ay 4Av y fir ~'~+«w~,. s ~t•` ,rw;'" .li..i . .:,,J ~ JYf,.~ . ~ ..1 ~ ` !lw:t, A~~ ~ _ ~ _ ~..4r,~y~'r~~'`,• _ s . .w ~ . •~...a Map 1 -Distance to nearest residence 4. Description of Antenna System i Height: 40 m Type; Tripole Simulated Images: Please refer to Figure 11 (below) for a photo showing a typical 40m tri-pole tower. . The installation will respect good engineering practices including structural adequacy at all times. ELEVATION PLAN rte? r.~ ~;aie K~ C- , t { x G i}.. x } Figure 11: Tower design and elevation according to site survey - i4 5. Health, Safety and the Environment Industry Canada requires that all radio stations be operated within the guidelines established by Health Canada's Radiation Protection Bureau in its obligation, Limits of Exposure to Radiofrequency Fields at Frequencies from 10 kHz = 300GHz. This document is also known as Safety Code 6. In this case, Public Mobile's RF Designer, Junaid Ahmed, attests that the radio antenna system described in this submission package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6, as may be amended from time to time, for the protection of the general public. Moreover the proposed site complies with the Federal guidelines for environmental assessment (EA) exemption under regulation SOR/2007-108. A signed attestation to that effect has been attached below. Canadian Environmental Assessment Attestation Regulation SOR/2007-108 (the exclusion list regulations, 2007) provides in Section 20 that the proposed construction of a radiocommunication antenna and its supporting structure are exempt from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 20. That Clause reads as follows: 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure (a) if (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or (ii~ the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 m; (b) if the project is not to be carried out within 30 m of a water body; and I if the project does not involve the likely release of a polluting substance into a water body. (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if (a) the antenna and its supporting structure are affixed to a building; (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and I the project does not involve the likely release of a polluting substance into a water body: (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and (b) does not involve the likely release of a polluting substance into a water body. Similarly, Regulation SOR/2007-108 provides an exemption for buildings from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 7. That Clause reads as follows: 7. The proposed construction, installation, operation or modification of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if (a) the construction or installation does not result in a building with a footprint greater than 100 mz or a height greater than 5 m; (b) the project is not to be carried out within 30 m of a water body; and the project does not involve the likely release of a polluting substance into a water body. I attest that the radiocommunication antenna, its supporting structure and associated building proposed to be located at PT LT 26 CON 2 PICKERING. complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP 6. Public Circulation Package and Comments Project specific information was provided to the affected public under both the Industry Canada consultation guidelines and the City of Pickering's guidance. Multiple avenues of participation were used during this project. In addition to information brochures, which were provided to individuals within the circulation radius of 3 times the tower height or 120 metres, a newspaper advertisement inviting comment was also taken out in the April 20/2011 edition of the Pickering News Advertiser. As of May 21/ 2011, the deadline for public consultation, there has been zero comments offered to the email or fax number provided from the public on this proposal. For your reference please see the public circulation package (newspaper article, public. brochure, circulation map and circulation list) included below. 3HI PUBLIC NOTICE PROPOSED PUBLIC MOBILE 40-METRE STEEL TRI-POLE TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed below by Friday, May 20, 2011 with respect to this matter. • Wireless steel tri-pole tower, 40 metres tall and will occupy PLEASE TAKE NOTICE as the approval of this site and its design is under an area of 0.02 hectares. the exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction in this matter other than as Location: 370m south of the a commenting body to Industry Canada and the applicant. Concession Rd. 3 Fairport Rd. intersection in the City of ADDITIONAL INFORMATION relating to the proposed Tower and site is Pickering. Site is located available for review between 8:30 am and 4:30 pm, Monday to Friday at the approximately. City of Pickering municipal offices. Further information may also be obtained through the following contacts: • Part of Lot 26, Concession 2, City of Pickering, Regional Public Mobile - on contract to: City of Pickering contact: Municipality of Durham FONTUR International Inc. Planning Department • The facility will include 1 30 East Beaver Creek Road City of Pickering lattice tri-pole tower and 1 Suite 104 One the Esplanade, radio cabinet as well as Richmond Hill, ON 1-413 1J2 Pickering, ON L1V 6K7 fencing.around the base of the tower. The tower will Fax: 866-234-7873 Tel: 905-420-4617 provide wireless and data Email: Email: services. ONPCK0556.publicmobile.info@ plan&devl@cityofpickering.com fonturintern ational.com SITE LOCATION MAP I THIRD CONCESS014 RW SIT[ rc cn d ON7AF7fU HroTJRU t OmLNRYWOCO U RANSfOWL4. STAYION :3 I~ FI4CH AVdvUC Figure 12 - Newspaper Article: Original Template _ 301 E PUBLIC Nava g MpOSE!) PUBLIC ®BiLE 4®-m ETRE STEEL Tr 140LE TELECCM52-11NICAT90NS 70Wg e S: ANY PERSON may make a written submission to the individuals a listed below by Friday, May "20, 2011 with respect to this matter. el tri-p ole ` tower, 40 metres tall and will occupy an area of 0,02 is under PLEASE the JAKE PIOTICE as the approval of this site and its design hectares. exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction • 'Location: 370m south m this matter other than as a commenting body to Industry Canada of the Concession Rd. 3 and the applicant. Fairport Rd: intersection in the City of Pickering. Site ADDITIONAL INFORMATION relating to the proposed Tower is located approximately, and site is available for review between 8:30 am and 4:30 pm, Monday to Friday at the City of Pickering municipal offices. Further • Part' of Lot 26, Concession information may also be obtained through the following contacts: 2, City of Pickering;'' Regional Municipality of Public Mobile - on contract to. City of Pickering contact: Durham FONTUR International Inc. Planning Department • The facility will include 1 30 East Beaver Creek Road City of Pickering lattice tri-pole tower and Suite 104 One the Esplanade, 1 radio cabinet as, well"as Richmond Hill, ON L48 1J2 Pickering; ON L1 V 6K7 fencing around the, base of Fax; 866-234-7873 the touter. The tower will Email: Tel: 905-420-4617 , provide wireless and data, ONPCK0556.publicmobile.info~ Email: plan&devlCcityofpickering.com'l services. , fonturinternationa].cot :SITE LOCATION M,AP T14 RD GdNC 5fJN ROAD' ATE I W 4A 7AiL0 NTC{1: , :cEFRYN(Kp AN C ~,56f14.W STh^,ql ~ C 0. i 0 tln ' W E F<WN A-1Ct Figure 13 - Newspaper Article: As Listed 3i-lj 1. i . Health and safely ore paramount to Publ c fvt Public fdebile is committed to public consultation - bile. Health Cantle has established elect You are inv ted to provide ccmmerfs tc Public lAc- •r.< . Cod 6. t exposure e s a e op known os Safety ;bile abcvr'his proposal by mail. ale is oricmdl or I' C j Cede 6. to ensure the sole operation, o? wireless'; fax Ir ors rte ensure ycu-r commeris are cortsid # l artenro Irstclictions Public Mobile ensure ; ered you must respond by close of business Frdoy ! i s 4'v. that all of its facilities operate well below the May <0..<t;T 1 to: ! '~*G: MOBILE'" o!Icwoble limits measurod, taking info cccovni j I---........._ all pre-exisfir sources anal combired effects of i - g I FONTUR interrotionnl additional carrier co-locafionv it fact, this site j 30 East Beaver Creek Rcad.Suite 104_ wig be thousands of times below the allowable ! Richmcro Hill, ON L46 1 J2 - limits. - Fax:866-234-7?73 p~, gym g g g ~+p A Email: C4.iS q Na' i 14ui R8t Public Mobile citests fhoi the radio crfersrc I 1 OrrPCt;0556s=uoFCmcbres,fai; rarrurioternaiiorotcorr system described m this notification package. ! . wig be constructed in compliance with the No- l7F ;;^r'iL., 1' :,L:r7C :.CN y±.-~- tional Bvilcing Cede c? Canada .which includes j atlcppl-iccbieCSARcdo Cemmunicators 'Regulofiors. - (ATTENTION: Tower Issue- Port of Lot 26Cor.2,Picker irg, ON-ONPCK0556 - For a 40trt telecommunications Regulatory and consultative procedures for tel- j ecommur:icaiiors crferccs car. be 'ound in i Toronto District O11ce I s o'd98F Industry Conedc's CPC 2-0-03 Issue 4. - Rocm 909, 9th. Floor i 55 St. Clair Averve East Public Mobile attests that the radio ortennc ! I Tcronlo.ON h14T 1142 i j system described in this notificafior. packs e I 1 Telephone: 4.16.973.8!-] 5 , e Loaded cat: 1 wig comply with Trorspcrt Corolla / PIP.V Coro- ~ ~ Fax 416 v54.3553 I do aeronautical safety requirements. Public Emoil pt < r__n I r Mobile has mace all necesscryappliccticrs to ' North oT Trgnsiormer Station at i Trorsport Canada and NAV Canada cncivrill - Y~ J I( d I < t `h c . gni ;t I undertake ld provide these requirementsviner _ - - - FQSTf.70rt P.OCid Qn+:; tynn ,°r'1L7C-y. hi'S iheycre made available. - (~.rIV r6•, WIC- 'e?.?Ii1C',. Ontario 1 Tyler Barrett, Senior Picr-ner i a Theproposedfecilitywouldincludeonelocked.~ CevelopmentReview alarmed and electronically monitored mechan- 1 City of Pickering i- i One The Esplanade (cal equip Went shelter. Fencing would be ir- stalled around the base of the tower end Pickering, ON Ll V 6K7 - Public Mobile site Code Tel 9 5 4 0-4660 exi 042 eauipmenishelters endwould include pre j jEmail a,•rr? -yc, r~-,-tm I ONPCKa556. locked gote access point ' I ' i j + Y • it JI Y t.fl•rt i I i jGeneralinformationfrcmIndustryCanada: j - j hitp:/lsfrotegis.io,ge.co/ortenno ! _ I _ ~ HeaRh Corcda's Safety Cone b: I i. http://vrvw_ic.go.: o/epic/site/smf-gsf.nsf/en/ i i i sf05?90e.html I I I Figure 14.1 - Public Circulation Brochure, side 1 B . cc! krt In recognition of the Federcl Government's exclu• ! A raaic antenna end tower ore the two most im- Public Mobile is propcsirg a. GOm fri-pcle tower to 1 sive jurisoicticn end in on attempt io prcmcte boi- ! portent parts of a radio communication system- improve upon the overall poor coverage in year once. Industry Canada requires-.thot propcnenfs of j The antenna is needed to send and receive sig• creo. lelecommur.icctioc facilities consult with lend use net. for the redic siation.Thetowerraisestheor- authorities as pert of their licersing process- The - ferro above obstructions such as frees and build- j Below is or, image of a tower Similar to the one pro- rec6remeni to consult can be found in Industry irgs so .'hot it con send end receve these signals Ccnoda s document, Client Proceoure Circular I daddy. Each radix station and its antenna system I o ,CPC) -03. The purpose of ccrsulfation, as out- fircluding the lower) provide radio coverage to a lined in CPC 2-M, is to ensure that lard use au- 1 Specific geographic area, alien called a cell. The thorities are curare of Significant onferno structures antenna system must be carefully located to en- I ondor installations proprzeo within their bounce- sure that it provides a good signal over the whole ( ~,r ries and hat onte nno systems are deployed in c cell area. without interfering with other stations. In manner which considers loco) surroundrgs. crecs where there are monycells, the antennas - do not need to be very high. Where the cells ore Consul c on must respect the Federal Gcverr. i larger, the antennas must be higher above the St s s meri's exclusive;urisdicficn and specifically does I ground level in order to provide good radio cover, en t not give a muricipcliiy the right to veto the pro- ` i age for the whole area. iA posal. As is result, this proposed wireless facility ~fi ,qr does r.ot require permitting of env kind. Similarly, i ; In this case. Public Mobile has determined the zcrirg by,4ows and site plcnopprovols do rof cp- need for new cnterncs in the area in order to cc r t ply to these facilities. ! equately provide contiguous coverage and ser•~ j - i vice tc our future customer base along the hydro: r : f " lIoty ifhsfacd'rg the Federal Governm enf s excl.:- corridcr just south of the Concession Road 3 and save;wudiclicn. Public Mobile is ccmm6tted to car.- Fairport Food intersection. Public ficbBe chose ihis suttotior.wiih the keel leno use cuthority (The City 'site In order to avoid problematic situations for ourl cf P'ickering).The citydees not have a ccuncil- 1 ' future customers such as poor voice and data - adopted protocol or policy related to this proposal. cualify. dropped calls, or even the mobil, IaI k + 9 This public notification has been designed to pre- place a mobile call in the subject area. f , vide all the necessary information as requned by Industry Concdo to these properties that all within. r 1. the notification radius. 'Nil, it bo 10 -C, i 'A ? I The proposed site of the fewer is 370m south or th ! Mipti 4 j Concession Read 3 and Fairport Road intersection cdNctZIO AW ` t 14. 1 between the CN raihvayfrocks and the. hydro corn darer, the property legally known as Pori c Lct_6 I ~T= 1 + + ~;Iy■ If t., ! Concession 2. a nts.'§ '1- ~f 1 t k 4 TO ~ I Public Mobile si.ror.gIYsuparts cc-Iecolien an exist-1 p ! irrg lowers end si:uciures. The use or evsiirg s5uc s x - t gg n..o nra.o I ` rK'"L' rf r' Qttf diHt"+~`" lures minimizes the number of new towers recuired' - - " (in o giver, orec oral is generally c more acct often rive way c= doing business. Unfortunately it this j v Public tvtcb:le attests that the radio antenna system case. there were no exisfrg structures it the orec ~ 1 ~ descnbedin this notification package will comply withth anodanEnvironmentalAsessmenfAct, mw aucr 1 to be considered. II os this acififyis excluded from assessment. Figure 14.2 - Public Circulation Brochure, side 2 Y? i . TO PIN 26371-0945(LT) I - - - - - _ i PLAN 4OR-20519 rn to l i PIN 26371-0916(LT) lil z I II PIN 26371-0466(LT) 0 J''r BART g ALAN 40R-5285 0120.0 METRE NOTmCAWN RADIUS PIN 26371-0500(L'I> I (i \ FROM PROPOSED TRIPOLE i I I i \\f N614.' t> , >s > PIN 26371-0946(L~ \ m ~i I Il~g PART 1, PL/(N 40R-20521 ,i I I PIN 226-M-0907(LT) I I I ~~?a5a"E Ll LN 26~?`.~g91~'S? R P~~-W P~ p p P~~F~G .GPNP~\p,N Figure 15- Circulation Map Notification Radius Hydro One Corridor 483 Bay Street 263710500 North Tower, 15th Floor Reception Toronto, Ontario MSG 2P5 Hydro One Corridor 483 Bay Street 263710466 North Tower, 15th Floor Reception Toronto, Ontario M5G 2P5 263710948 2310 Fairport Road, L1X 2114 Figure 16 - Circulation List I •J • ?1 31-I I .1 u Excerpt from April 18, 2011 Council Minutes Resolution #87/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS the City of Pickering was recently informed that Industry Canada has approved a 'cell phone tower at 1820 Whites Road, Amberlea Presbyterian Church without any consultation with the City of Pickering; and WHEREAS the Federal Government through Industry Canada, refuses to recognize the important role that municipalities play in regards to local land use matters and specifically where cell phone towers may be situated; and WHEREAS local residents residing in the Amberlea/Foxhollow Neighbourhood are j outraged, having become aware.through 3,d party information that such an intrusion can be erected in a residential community; NOW THEREFORE BE IT RESOLVED that the Federal Government through Industry Canada be advised that the- City of Pickering objects to the installation of a cell phone tower at 1820 Whites Road and that they reverse its approval and enter into discussions with the City of Pickering in order to find a more appropriate location; AND FURTHER that the Federal Government be required to amend their policies. and procedures for the approval of cell phone and radio towers to allow for local municipalities consultation on all applications and to not approve. applications objected to by the local municipality; AND FURTHER that consultation takes place through the Federation of Municipalities on establishing guidelines to assist Industry Canada in setting criteria that can be used by municipalities -to asses6 each application submitted for cowers; AND that a copy of this motion be forwarded to F GM to be included for endorsement at its annual meeting AND thr.t copies c"t':is re3 aluti!.,n be sent to Dan McTeague, f\4P for Pickering/ Scarborough Eadt, the I-l()nou',!.`)Ie Tony Clement, i~,ginister of Industry-, and the Hon-.irable Gary Goodyear, M:,,)isler of ^;ayc• (:.science and' '11'echniology) c;arrierl Uranimclusly oil at ilecorc;ed Vote i Excerpt from May 16th. 2011 Council Meeting Minutes Resolution #102/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS On April 18, 2011 the Council for the Corporation of the City of Pickering formally opposed the installation of a 'communications tower at 1820 Whites Road in the City of Pickering; and WHEREAS hundreds of area residents have signed a petition objecting to the installation of a communications tower at 1820 Whites Road and other City locations; WHEREAS the City of Pickering received a response from Industry Canada in regards to our request to relocate the proposed communications tower at 1820 Whites Road and have ordered all communication tower installations cease on this site until Industry Canada can review this matter; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering requests the Government of Canada cease further consideration of communication towers in any residential area of Pickering in. order to commence discussions with the City of Pickering to establish criteria based on mutual respect for all matters pertaining to land use in the City of Pickering for the installation of communication towers throughout our community. AND THAT a copy of this resolution be sent to Durham Regional Council, Corneliu Chisu, MP Elect for Pickering/Scarborough East, Chris Alexander, MP Elect Ajax Pickering, the Honourable Tony Clement, Minister of Industry and the Honourable Cary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote Cary Report to Planning & Development Committee ICKERING Report Number: PD 32-11 Y .Date: November 7, 2011 From: Neil Carroll Director`, Planning & Development Subject: Zoning By-law Amendment Application A 9/11 Long Holdings Inc. 1887 Kingston Road (North Part of Lot 17, Concession 1, Part 1, Plan 40R-6905) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 9/11 submitted by Long Holdings Inc. to permit a music store and related uses on lands being the North Part of Lot 17, Concession 1, Part 1, Plan 40R-6905, City of Pickering be approved; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 9/11, as set out in Appendix I to Report PD 32-11, be finalized and forwarded to City Council for enactment. Executive Summary: The application proposes to amend the existing zoning to permit a Long & McQuade music store and related uses, and limited additional commercial uses, within the existing building at 1887 Kingston Road. The property is located at the southwest corner of Kingston Road and Notion Road (see Location Map, Attachment #1). The usable space within the second storey of the existing building is proposed to be increased by approximately 125 square metres. The proposed retail establishment is consistent with the Pickering Official Plan, including the Flood Plain Special Policy Area provisions, and the Kingston Road Corridor Urban Design Development Guidelines. If approved, the applicant will be required to enter into a Site Plan Agreement with the City for the development of the subject lands. It is recommended that this application be approved and the draft zoning by-law amendment attached as Appendix I be finalized and forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed recommendation. Report PD 32-11 November 7, 2011 Subject: Zoning By-law Amendment Application (A 9/11) Page 2 Sustainability Implications: Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Given the small scope of the application pertaining to the conversion of an existing building into a commercial establishment, there is limited opportunity to achieve Level 1. The proposed development intends to utilise the existing building and services on the subject property. The site is located along Kingston Road which is identified as a transit spine and which will support a future Durham Bus Rapid Transit System. Further opportunities exist for the applicant to consider additional sustainable options during the Site Plan Review and Building Permit processes. 1.0 Background: The proposal is to amend the existing zoning to permit a Long & McQuade music store and related uses, and limited additional commercial uses, within the existing building at 1887 Kingston Road. The usable space within the second storey of the existing building is proposed to be increased by approximately 125 square metres. The subject property has a lot area of approximately 0.4 hectares, with frontage along Kingston Road and Notion Road (see Location Map - Attachment #1). The two-storey, 982 square metre building on the subject lands (formerly operated by Stephenson's Rental) is currently untenanted. 2.0 Comments Received: 2.1 At the September 6, 2011 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) No members of the public spoke in respect to this application. 2.2 Agency Comments Durham Region Planning . the proposed use is permitted within a Regional Department Corridor designation • the subject property is connected to municipal water supply and sanitary sewer servicing • the proposed road widening, sight triangle dedication and access configuration shown on the submitted plan is acceptable • confirmation from a Qualified Person that no further environmental site assessment investigation is required, and a Regional Reliance Letter and Certificate of Insurance should be submitted (see Attachment #5). Report PD 32-11 November 7, 2011 Subject: Zoning By-law Amendment Application (A 9/11) Page 3 Toronto and Region . subject lands are within a Flood Plain Special Conservation Authority Policy Area (SPA) (TRCA) . the SPA designation provides for relaxed regulation of development within the flood plain recognizing historically existing uses in the area • provincial concurrence with the application prior to the enactment of the amending by-law is encouraged • although flood proofing or flood protection measures on the site are not possible, TRCA does not object to the rezoning application as long as the new uses are not prohibited in the Pickering Official Plan, and the zoning amendment applies only to the existing floor plate of the existing structure (see Attachment #6) Engineering Services . no objections Division . proposed driveway off of Notion Road will require the installation of a culvert (see Attachment #7) 3.0 Discussion: 3.1 The proposed development is consistent with the City's Official Plan The proposed music store use, with accessory instruction and rental uses, is consistent with the Mixed Use Areas-Mixed Corridor designation in the Official Plan, which provides for a wide range of residential and commercial/institutional uses at a scale and intensity that serves the community. The Official Plan identifies the property as being located within a Flood Plain Special Policy Area associated with the West Duffins Creek. Limited development, including renovations and additions to existing buildings, is permitted in these areas at a lower than standard level of flood protection, subject to review by the TRCA. A number of sensitive uses, such as schools and care facilities, are prohibited within Special Policy Areas. The TRCA is satisfied that although flood proofing or flood protection measures are not possible on this site, the proposed limited commercial uses are appropriate within the existing building. The TRCA does not support an expansion of the building footprint. The proposed additional space on the second floor of the building will not expand the building envelope, and the zoning by-law will restrict development to the existing footprint. The Ministries of Natural Resources and Municipal Affairs and Housing have been circulated. The Ministry of Municipal Affairs has indicated no concerns with the proposed development. Report PD 32-11 November 7, 2011 Subject: Zoning By-law Amendment Application (A 9/11) Page 4 3.2 Proposal is consistent with the principles of the Kingston Road Corridor Urban Design and Development Guidelines The Kingston Road Corridor Urban Design and Development Guidelines provide a framework that supports the long term vision for the transformation of Kingston Road from a highway to a 'main street'. The guidelines also recognize the auto oriented nature of the corridor with auto-dependant land uses, but propose a strengthened pedestrian streetscape treatment and connections at significant intersections. The Kingston Road/Notion Road intersection is identified as an important eastern `gateway' to Pickering. Although in general higher intensity uses are anticipated along Kingston Road, and particularly at gateway locations, higher intensity development cannot be achieved on this site due to the Special Policy Area limitations. The proposed commercial uses will provide for an improved pedestrian streetscape relative to the industrial uses permitted under the current zoning, and will also provide for an appropriate transition between the Kingston Road Corridor and the industrial uses along Notion Road to the south. 3.3 All development matters will be addressed during the Site Plan Review process The applicant has submitted a Site Plan application (S 7/11) for the proposed development. All development matters such as enhanced building materials, stormwater management, parking, loading spaces, landscaping, paving, driveway entrances, road widening conveyances and environmental site assessment, will be addressed through the Site Plan Review process. 3.4 By-law to be forwarded to Council The lands are currently zoned "M1 - Storage and Light Manufacturing". The draft zoning by-law attached as Appendix I to this report provides for a mixed-use zone which removes the light industrial permissions and permits the establishment of a music store with accessory instruction and rental uses. The business office use permitted in the existing zoning, and non-medical professional office uses, are also provided for to provide flexibility. All permitted uses are restricted to the existing building footprint as required by the TRCA. It is recommended that the draft by-law be finalized and forwarded to Council. 4.0 Applicant's Comments The applicant concurs with the recommendations of this Report. Report PD 32-11 November 7, 2011 Subject: Zoning By-law Amendment Application (A 9/11) Page 5 Appendix: Appendix I Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Public Meeting Minutes 5. Agency Comments - Durham Region 6. Agency Comments - Toronto and Region Conservation Authority 7. City Department Comments - Engineering Services Division Prepared By: Approved/Endorsed By: Ashley Yea o d Neil C CIP, RPP Planner I Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design AY:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 1jV,1g,1Z (Oct 2-4, 20 I/ Tony Prevede1, P.Eng Chief Administrative Officer Appendix I to Report PD 32-11 Draft Implementing Zoning By-law Amendment Application A 9/11 The Corporation of the City of Pickering By-la /11 Being a By-law to amend Re Micted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in north Part of Lot 17, Concession 1, in the City.of Pickering (A 9/11). Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit the development on the subject lands, being North Part of Lot 17, Concession 1, Part 1, Plan 40R-6905 in the City of Pickering; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in North Part of Lot 17, Concession 1, Part 1, Plan 40R-6905, in the City of Pickering, designated "MU-22" on Schedule I attached hereto. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a .brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; By-law No. XXXX/11 Page 2 J A?Ar `Commercial School" shall mean a school which is operated for gain or profit and may'include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; (3) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, which may also include an outdoor patio, but excluding storage areas below established grade; (4) "Landscaped Open Area" shall mean the area on the lot free from buildings and/or structures suitable for the growth and maintenance. of vegetated plants such as grass, flowers, shrubs, trees and other landscape features which may include walkways, berms, retaining walls, decorative pavers, bricks or stones and outdoor amenity areas including patios, but shall not include driveways, drive aisles, internal roads, parking areas, curbs or any exterior garbage storage or handling area; (5) "Professional Office - Non-Medical" shall mean a building or part of a building in which legal or other professional services, not including medical or dental services are performed or consultation given, and which may include the offices of an architect, a chartered accountant, an engineer, or a lawyer, but shall not include the office of medical practioners or a body-rub parlour as defined in The Municipal Act, R.S.O. 1990, c. M. 45, as amended from time to time, or any successor thereto; (6) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept' and offered for rent or retail sale to the public; (7) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; By-law No. XX /11 Page 3 a~ (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. Provisions (1) Uses Permitted ("MU-22" Zone) No person shall within the lands designated "MU-22" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Business Office; (b) Commercial School (i) only accessory to a retail store with a maximum floor area of 150 square metres; (c) Professional Office - Non Medical; (c) Retail Store. By-law No , XXX/11 Page 4 a '..y. 'I I Zone Requirements ("MU-22" Zone) No person shall within the lands designated "MU-22" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Building Restrictions (i) Despite any other provisions of Zoning By-law 3036, the permitted uses shall only occur within the building existing as of the day of the passing of this by-law as shown on the Boundary and Topographic Survey of Part of Lot 17, Concession 1 completed by the Ontario Land Surveyor on April 21, 2011; A Despite Paragraph 5(2)(a)(i) above, an uncovered platform located on the southwest corner of the building not projecting beyond the most westerly exterior wall is permitted. (b) Landscaped Open Area (minimum): 15 percent (c) Parking Requirements (i) There shall be provided and maintained on the lot a minimum of 5.5 spaces per 100 square metres of gross leasable floor area for all uses permitted under this zone; (ii) Despite Clause 5.21.2b), parking shall be set back a minimum of 1.5 metres from all internal side and rear lot lines; (iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all parking areas including driveway entrances and exits shall be surfaced with brick, asphalt, concrete, permeable materials, or any combination thereof. (d) Other provisions: (i) Open storage. is not permitted on lands zoned "MU-22"; (ii) One garbage enclosure with a maximum gross floor area of 50 square metres is permitted in the side or rear yard only. By-law No. XXXX/11 Page 5 6. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second, and third time and finally passed this f , 2011. p Pr David Ryan, Mayor A Fr Debbie Shields, City Clerk I, . KINGSTON ROAD Misr 41.0 20 8 Q MU-22 z CON 1 N PT LOT 17 cD RP 40R-6905 PART 1 O Z O o 60.9 ro SCHEDULE I TO BY-„ PASSED THIS d0f DAY OF 2011 MAYOR CLERK Tip - z- 1 PICKERING I ISLAMIC CENTRE 1 I 1 1 I 1 CRESCENT o m w D J M ~ a FINCH AVENUE ROAD DURHA REGION L POLIC C 2 h DIVISIO oN o w PE o 0 - w w 0 0 0 C) CO w ~ O D O Q m w O z ~ m Z ELI " M DRIVE BAINBRIDGE 7 ~ L o ~ J z W U U COURT Li CO w w m > ILF= O EECHLAW City of Pickering Planning & Development Department PROPERTY DESCRIPTION North Part of Lot 17, Concession 1, Part 1, 40R-6905 07\ OWNER Long Holdings Inc. DATE July 20, 2011 DRAWN BY JB FILE No. A 9/11 SCALE 1:5,000 CHECKED BY AY N cTero etrcEnterpri•e• Inc. and it• uppliare. All rlBhte Reserved. Not c plan of e„rve,.. PN-9 2005 MPAC and Its • Iles. All rl ht• Reserved. Noi c Ian o/ Survey. Information Compiled from Applicant's Submitted Plan A 9/11 Long Holdings Inc. KINGSTON ROAD YT _ 41.0 z _77 C rF.. wcal - I I ' uvw a ee J - i j . rn..k ewur+c ~ I I CD CR II t I O ~ I I 19 - - f 6. F-V 'I 60.9 I . ~V This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, July 28. 2011. e. Pr; Information Report Report Number: 16-11 For Public Information Meeting of PICKERING Date: September 6, 2011 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Zoning Amendment Application A 9/11 Long Holdings Inc. - 1887 Kingston Road (North Part of Lot 1.7, Concession 1, Part 1, 40R-6905) City of Pickering 1.0 Property Location and Description • the subject property is located at the southwest corner of Kingston Road and Notion Road (see Location Map - Attachment #1) • the subject property has a lot area of approximately 0.4 hectares, with frontage along both Kingston Road (approximately 61 metres) and Notion Road (approximately 68 metres) • a two-storey, 982 square metre warehouse building (formerly operated by Stephenson's Rental) occupies the property • surrounding uses include a professional office to the west, a seasonal camping establishment to the north across Kingston Road, and industrial uses to the south, and to the east in the Town of Ajax 2.0 Applicant's Proposal • the applicant is proposing to amend the existing zoning to add commercial uses that would permit a Long & McQuade music store and related warehousing and instruction uses within the existing building; the existing rental establishment use permission is proposed to be retained • the existing building will be renovated, including interior alterations to add an additional 166 square metres of useable gross floor area within the existing building on the second floor (see Applicant's Submitted Plan - Attachment #2) 3.0 Official Plan and Zoning 3.1 Provincial Growth Plan • the Provincial Growth Plan for the Greater Golden Horseshoe (Places to Grow) guides infrastructure planning and strategic investment decisions to accommodate forecasted population and employment growth within municipalities • the Growth Plan requires intensification of land uses within a municipality's built-up area Information Report No. 16-11Z,j~. rv Page 2 3.2 Durham Regional Official Plan • the Regional Plan designates the subject property "Regional Corridor" • "Regional Corridors" are to be planned and developed as mixed use areas, including residential, commercial and service areas with higher densities supporting higher order transit services and pedestrian oriented development • Regional Corridors shall also provide efficient transportation links to Regional Centres as well as other centres in adjacent municipalities • Kingston Road is identified as a Type "B" Arterial Road and Transit Spine which shall provide for complementary higher density uses and buildings oriented towards the street • Regional Official Plan Amendment No. 128 (ROPA 128), which implements the Provincial Growth Plan, contains provisions that require significantly higher densities for identified portions of Regional Corridors; the amendment is currently under appeal 3.3 Pickering Official Plan • the City of Pickering Official Plan designates the subject property "Mixed Use Areas - Mixed Corridors" (Village East Neighbourhood) • the current Mixed Corridor designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale and intensity serving the community • the Plan designates Kingston Road as a "Type B Arterial Road", which is designed to carry moderate volumes of traffic at moderate speeds and have some access restrictions • the Plan recognizes Kingston Road as a transit spine, where a higher level of transit service is to be encouraged within the City's urban area • the Plan also recognizes that the subject property is situated within a Flood Plain Special Policy Area which restricts certain uses and permits limited development of buildings and structures within these areas • in response to the Provincial Growth Plan, the City initiated a Growth Strategy Program in 2009 as part of the Official Plan Review, to identify appropriate locations and policies for intensification, including the Kingston Road Corridor; this work may result in future changes to the designations, prescribed densities, and other policies pertaining to the subject property . 3.4 Kingston Road Corridor Urban Design Development Guidelines • the Kingston Road Corridor Urban Design and Development Guidelines (adopted by Council in 1997) establish a general design framework for the Corridor, that supports the long-term vision for the transformation of Kingston Road from a highway to a "main street" Information Report No. 16-11 82- Page 3 • the Guidelines identify the subject property as being within the Brock Road Corridor which extends from Notion Road west to the Hydro Corridor • the Guidelines envision the Brock Road Corridor as an "eastern gateway" to Pickering, recognizing the auto-oriented nature of the corridor with auto-dependent land uses, but with strengthened pedestrian streetscape treatment and connections at significant intersections • more emphasis is to be placed on commercial uses that support existing and proposed residential neighbourhoods • it is expected that the guidelines will be updated as a result of the Growth Strategy Program work currently underway 3.5 Zoning By-law 3036 • the subject property is zoned "M1" - Storage and Light Manufacturing Zone which permits uses such as business and professional offices, light manufacturing and warehousing • the applicant proposes to amend the by-law to remove certain industrial- uses currently permitted under the existing "M1" zone, except for a rental establishment, and to add commercial uses to permit a Long & McQuade music store and associated uses 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments • none received to date 4.3 Department Comments • none received to date 4.4 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the property is within a Flood Plain Special Policy Area; the appropriateness of the proposed uses, as well as existing uses on the subject property will be determined in consultation with TRCA • ensuring that the proposal is compatible and sensitive to surrounding lands and is consistent with the principles of the Kingston Road Corridor Urban Design and Development Guidelines Information Report No. 16-11- Page 4 • site design matters concerning, but not limited to, parking layout, loading spaces, sidewalks, landscaping, driveway accesses, and building entrances • the Region of Durham's requirements for a road widening on Kingston Road, and the potential impact on the proposed site design 5.0 Procedural Information • written comments regarding this proposal should be directed to the Planning & Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment does not make oral submission at the public meeting, or make written submissions to the City of Pickering before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal 6.0 Other Information 6.1 Appendix No. I • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report 6.2 Information Received • in addition to the full scale copies of the applicant's submitted plan, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: • Planning Rationale Report Phase 1 Environmental Site Assessment • Drainage, Stormwater Management and Floodplain Impact Engineering Study • Functional and Site Servicing Study Information Report No. 16-11 Page 5 6.3 Company Principal • the owner of the property is Long Holdings Inc. • the applicant is R.E. Millward & Associates ORIGINAL SIGNED BY ORIGINAL SIGNED By Ashley Yearwood, MCIP, RPP Marg Wouters, MCIP, RPP Planner I Manager, Development Review & Urban Design AY: jf Attachments Copy: Director, Planning & Development Appendix No. I to Information Report No. 16-11 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) none received to date Commenting City Departments 1 none received to date L4 32 ~I...._ Exoe; ;y;ts from City s'S~' Piano iin - eveioprilent Committee Meeting iyrmtes MO<ERING Tuesday, September 6, 2011 7:3 pm - Council Chambers Chair: Councillor .she (11) Par's `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a ' party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 2. Zoning By-law Amendment Application A 9/11 Long Holdings Inc. 1887, Kingston Road (North Part of Lot 17, Concession 1, Part 1, 40R-6905) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public,with respect to the above noted application. Ashley Yearwood, Planner I, provided an overview of zoning amendment application A 9/11. Robert Millward the representative for the applicant appeared before the l Committee in support of the application and to answers questions. No. members of the public spoke in support or opposition to the application. 1 AU-Usi 3'; 20 i 1 L .1 Ci- 1 Planner i Pi;;MM!14-.' C='Jc LUri?:L~ il' I Planning, & Development Department DEPARTMENT City of Pickering ' • One The esplanade Pickering, ON L1V 6K7 The Reg ional Dear Mr..Yearwood Municipality of Durham Re: Zoning Amendment Application A 09111 Applicant: Long Holdings Inc. Planning and Economic - Development Department Location: 1887 Kingston Road Part of Lot 17, Part 1, 40R-6905 Planning Division Municipality: City of Pickering 605 ROSSLAND RD. E. 4T" FLOOR The Region has reviewed the above noted application and offers the ?O BOX 623 WHITBY ON LIN 6A3 following comments for your consideration. CANADA - 905-668-7711 1-800-372-1102 The purpose of this application is to rezone the property to a Retail- Fax: 905-666-6208 Commercial zone to the. permit a Long and McQuade music facility, Email: plan ning@durham.ca including retail, warehousing, rental and music instruction activities. www.durtiam.ca Regional Official Plan A.L: Georgieff, MCIP, RPP Commissioner of Planning and Economic Development The subject lands are currently designated 'Regional Corridor' in the Durham Region 'Official Plan (ROP). Corridors are to be planned and developed as mixed-use areas, which include residential, commercial, and service areas with higher densities. The proposed Long and McQuade music facility, including the retail, rental, warehousing and instruction of music activities is permitted within a Regional Corridor designation. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms, of the provincial plan review responsibilities. Growth Plan for the Greater Golden Horseshoe (GPGGH) The subject lands are within the "Built-up Area" of the GPGGH. The GPGGH includes policies to direct development to settlement areas, and provides direction-for intensification targets within the Built-up Area. This application generally conforms to the GPGGH. 0-VicL- E ffience focr?wr Cam_gvJ ies" 1 -r 100% Post Consumer Potential Site Contamination -lase i nvironme ita Site = ss;=ssn;ent -prepared by ~:j;faCr Associates Ltd. has been sl: emitted ir.:sl,,:rpport of the application. Tl .report appears to rely on ' previous studies recently (2010) undertaken for this site. by other consultants. The report indicates that there is a low probability of potentiai contamination on the site. The Region requests an addendum letter signed by a Qualified Person stating explicitly that no further site investigation are required. Additionally, the Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted. Regional Servicing i The subject property is connected to municipal water supply and sanitary sewer servicing. Should the development require upgrades to the existing municipal services,, they shall be addressed at the time of site plan application. The *access configuration is acceptable as shown on the submitted site plan. Additional comments will be provided through the subsequent site plan application. Please do not hesitate to contact the undersigned should. you have any questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planning Analyst cc: Regional Works Department - Pete Castellan Durham Region Transit Department - Martin Ward Durham Region Transportation Planning - Amjad Gauhar Attachments: Sample Reliance Letter Certificate of Insurance i 2 i f o v-h for The Li.%vlng- Ci.ty, August 18, 2011 c- CFN 45112.05 VIA MAIL AND EMAIL (ayearwood(E)ciiy,,ifpickering:comI Mr. Ashley Yearwood, MCiP, RPP City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Dear Mr. Yearwood: Re: Zoning By-law. Amendment Application A 9/11 Site Plan Application S 07/11 On lands municipally known as 1887 Kingston Road (Long Holdings Inc./R.E. Millward & Associates) Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to review the applications captioned above and wish to provide the following comments: Purpose of the Applications We understand that the purpose of the applications are to amend Zoning By-law 3036, as amended, to permit commercial uses within an existing building and to obtain site plan approval for the re-use of the same existing building. Special Policy Area Designation The subject lands are within a Special Policy Area (SPA), as_delineated on Schedule III, Resource Management of the Pickering Official Plan. The SPA designation has been approved by the provincial Ministries of. Natural Resources and Municipal Affairs and Housing in order to recognize that this portion of the City of Pickering has historically existed in the flood plain and that site specific policies are required with respect to flood plain. management in order to provide for the continued viability of existing uses. The SPA designation provides for relaxed regulation of development within the flood plain recognizing the historically existing uses in the area and the hardship that strict adherence to provincial policies concerning development would cause. It is the understanding of TRCA staff that amendments to zoning by-laws within the SPA to add uses requires approval from the provincial ministries. We encourage city staff to seek provincial concurrence with the application prior to the enactment of the amending By-law, Recommendation Through our pre-application consultation with the Owner, the Owner's agents and city staff, we understand that the Owner seeks to add a limited number of additional commercial uses to allow the existing floor plate of the vacant structure on the subject lands to remain commercially viable and to be re-used for new commercial uses outside of the former F:\Home\Public\Devefopment Services\Durham Reg ion\Pickering\1 887 Kingston_1.wpd Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca I s U '_I oust 18. 2011 conlmerdai u-se. Given ti-:e significant depth of flood risk at the Re; ici al r:, ever;;, t elevation of the existing structure and site in rei_tion to Kingston Road, it is no, possible to undertake flood proofing or flood protection measures on the site. Giver, this context, TRCA .staff do not object to the applications subject to the following: that introduction of new commercial uses shall exclude the prohibited uses set out in Policy 15.31(i)(i) to 15.31(i)(iii) of the City of Pickering Official Plan; and, • that the amendment apply to the existing floor plate of the existing structure. Detailed Site Plan Comments for Stormwater Management We offer the following detailed site plan comments for consideration by City staff and the Owner. 1. The grassed bioswale/infiltration trench proposed as part of the proposed stormwater management plan (Section 2.3 of the Drainage, Stormwater Management and Floodplain Impact Engineering Study) has not been shown on the Servicing and Grading Plan. Independently, a grassed buffer strip is not sufficient in providing significant removal of site contaminants. Please see the Low Impact Development Planning and Design Guide (2010). 2. The site grading should promote the conveyance of runoff to the bioswale/infiltration trench where possible. The current grading design has the majority of the southern portion of the site being drained towards the site entrance, which is not suitable in providing water quality control. 3. Subject to the review and approval of the City of Pickering, TRCA staff would prefer that southwest corner of the property is re-graded to redirect the drainage to the proposed bioswale in order to provide.quality treatment for a larger percentage of the site. We trust that these comments are of assistance. Please contact the undersigned if you have any questions or concerns with respect to the contents of this letter. Yours truly, e-~41 Chris Jones, CIP, RPP Senior Planner Planning and Development Extension 5718 CJ/ cc: Tyler Barnett, City of Pickering (tbarnett@cityofpickering.com) Steve Heuchert, TRCA (sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\1887 Kingston_1.wpd 32 BICKERING Memo tail BICENTENNIAL 20tI To: Ashley Yearwood August 12, 2011 Planner 1 From: Darrell Selsky Supervisor, Engineering & Capital Works Copy: Division Head, Engineering Services, Subject: Zoning Amendment Application -A 9/11 Long Holdings Inc: 1887 Kingston Road (North Part'of Lot 17, Concession 1, Part 1,40R-6905) City of Pickering The Development Review Team (comprised of both the Engineering Services and Operations & Facilities Divisions) has met to review the above noted request and have provided the following comments. General Comments 1. Proposed driveway will require installation of culvert. Traffic Comments 1. No traffic comments at this time. Landscape Comments 1. Please provide landscape details. SB:mh Crrf Report To F' Planning & Development Committee PICKERIlyG Report Number: PD 33-11 Date: November 7, 2011 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Public Mobile 1939 Altona Road (North Part of Lot 32, Concession 1) City of Pickering Recommendation: 1. That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 1939 Altona Road based on the design and other details submitted with this request, and subject to the incorporation of a shroud over the tower equipment, and a tower colour similar to adjacent hydro towers. Executive Summary: On April 6, 2011 Public Mobile submitted a proposal to construct a 40 metre high tri-pole cell tower at 1939 Altona Road. Since the submission of the initial proposal, Public Mobile completed their public consultation process, in accordance with Industry Canada requirements. Public Mobile has advised that no public comments were received and are requesting that City Council provide a statement of concurrence in support of the installation. City staff are supportive of the proposed installation. There do not appear to be acceptable opportunities to co-locate this installation in the immediate area. The proposed tower and equipment compound have been sited against the existing hydro towers to minimize visual impacts to the area and the installation will not preclude future development of the property. In view of the public consultation, conducted by the applicant and Council engagement associated with this proposal, the processing of this application through this report is not considered contrary to Council's recent resolutions regarding cell towers. It is recommended that Public Mobile be advised that City Council has no objection to the proposed cell tower at 1939 Altona Road, based on the design and other details submitted with the request. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 33-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 Sustainability Implications: Enhancement to the wireless coverage at this location will improve business and community communication capability., 1.0 Background: On April 6, 2011 Public Mobile submitted a letter to the City Clerk outlining its proposal to construct a cell tower on the lands municipally known as 1939 Altona Road (see Location Map -Attachment #1). The property is on the east side of Altona Road between the Hydro Corridor and Sparrow Circle. 1.1 The Proposal The proposed installation is a 40 metre high tri-pole communication tower and related ground cabinet. The tower is proposed to be located at the north-east corner of the subject property against the existing hydro transmission corridor. The base of the tower is approximately 2.4 metres wide. The ground cabinet, which houses the radio equipment, occupies an area of 1.8 metres by 2.5 metres and is located at the base of the tower. The tower and ground cabinet will be located in a fenced compound measuring approximately 10.0 metres by 20.0 metres. The compound is proposed to be set back approximately 200 metres from Altona Road.' Access is proposed from the existing driveway off Altona Road (see Applicant's Submitted Plan and Tower Elevation Plan - Attachments #2 and #3). 1.2 Property Description The lands known as 1939 Altona Road are designated as Urban Residential Area - Medium Density Area in the Official Plan and zoned W- Rural Agriculture in By-law 3036. The subject property currently supports a residential use and a commercial business - Verbancic Tree Supply and Landscaping. The property is anticipated to be redeveloped in the future for residential uses. The existing subdivision to the south was designed to accommodate redevelopment of the subject property through the completion of Sparrow Circle which will provide access to the future lots. The proposed location of the tower, at the northeast limit of the property on the subject lands will not preclude the intended residential development of the lands. Surrounding land uses include residential uses to the south, Hydro transmission lines to the north, and the Altona Forest to the east. The closest residential property, (the residential use on the south side of Sparrow Circle), is approximately 50 metres from the proposed tower. Report PD 33-11 November 7, 2011 ,yf Subject: Proposed Wireless Cell Tower Installation Page 3 2.0 Discussion: 2.1 Required Public Notification has been completed Planning & Development staff are currently in the process of developing a protocol respecting the installation of cell towers for City Council's consideration. In the absence of a City protocol, applicants must follow Industry Canada requirements as outlined in the Client Procedures Circular (CPC) 2-0-03 Issue 4, . entitled "Radiocommunication and Broadcasting Antenna Systems". The Industry Canada requirements for public consultation require the proponent to consult with the land use authority, and the public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. For structures 30 metres or more in height, proponents are required to place a notice in a local community newspaper circulating in the area. Based on the proposed 40 metre tower height, the proposed installation required notification to 22 adjoining property owners within a 120 metre radius of the base of the tower. The applicant provided written notification to the 22 adjoining property owners and placed a notice of the proposed installation in the July 1, 2011 edition of the News Advertiser. They have confirmed that no public comments were received as a result of the notification process (see Applicant's Site Selection and Public Consultation Report - Attachment #4). 2.2 Co-location opportunities have been examined The installation and creation of separate, stand alone, radio communication towers and broadcasting facilities is discouraged unless all other co-location options have been explored and are considered unfeasible. The closest cell tower in this area is located at Woodview Avenue and Finch Avenue and Public Mobile has advised that this tower is not within their search area and that Hydro One is no longer a willing host for cellular equipment on its towers. The applicant advises that the proposed installation would be suitable for co-location with other carriers. Wind Mobile has been looking to install equipment in this immediate area and has indicated an interest in co-locating on this installation. 2.3 Council Resolutions In May 2011, City Council passed Resolution 102/11 requesting Industry Canada to cease consideration of communication towers in any residential area of Pickering in order to establish criteria for all matters pertaining to land use for the installation of these towers (see Council Resolutions - Attachment #5). This resolution was a response to a number of cell tower installations that were erected without municipal and\or public consultation, specifically a proposed tower installation under 15.0 metres at 1820 Whites Road. The Whites Road proposal precipitated an earlier Council Resolution in April 2011 requesting that Industry Canada reverse approval of the tower and amend its policies to require municipal consultation on all installations, regardless of height (see Council Resolution 87/11 in Attachment #5). Report PD 33-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 The applicant has provided confirmation that this proposed installation has been publicly circulated in accordance with Industry Canada requirements and the proposal is now before Committee and Council for consideration. In view of the public consultation and Council engagement associated with this proposal, the processing of this application through this report is not considered contrary to Council's Resolutions. 2.4 Proposed Tower Location is Acceptable Staff supports the proposed location of this cell tower facility. The proposed tower and equipment compound are sited as close to the north and easterly limit of the subject property as technically feasible. The proposed location of the tower will minimize visual impact on the area by blending into the existing hydro corridor to the north. In order to effectively blend this installation into the backdrop of the existing hydro corridor, staff is recommending that this cell tower be revised to include a shroud "stealth" design and be painted to match the existing hydro towers which are painted off-white. The compound area will be partially screened from public view by the existing vegetation on the subject lands on the north side of Sparrow Circle. Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impact on the neighbourhood, is set back an appropriate distance from Altona Road, and will not preclude the intended future development of the property. Attachments: 1. Location Map 2. Applicant's Submitted Plan -Site Layout 3. Applicant's Submitted Plan - Tower Elevation 4. Applicant's Site Selection and Public Consultation Report 5. Council Resolutions Report PD 33-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 5 Pre Approved/Endorsed By: yler Barnett (Veil Caratt MCIP, RPP Svo for P r - Site Planning Director, tanning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB: Id Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 6,12-4 Tony Prevedel, P.Eng. Chief Administrative Officer I FINCH AVENUE o o ~ PLACE p GO CELLULAR TOWER ° e W F- J ~ U O Of Chi U CRESCENT SPARROW ~ Y W O Z Q CHICKADEE ? Z Z C1~~~• U N w w U U O J Li ° _J WOODSMERE CRESCENT - City of Pickering Planning,& Development Department PROPERTY DESCRIPTION Concession 3 North Part of Lot 32 OWNER J. VERBANCIC DATE Oct. 5, 2011 DRAWN BY JB FILE No. Public Mobile Cell Tower SCALE 1:5,000 CHECKED BY TB N eTeranet Enterprises Inc. and lt. suppliers. All rlphts Rsserved. Not a Plan of survey. PN-12 2005 MPAC and Its eu Ilero. All N hta Reserved. Not o Ian o/ Surve . 333 1-1 . INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (1939 ALTONA ROAD) i 120.0 METRE NOTIFICATION RADIUS I I j FROM PROPOSED TOWER ( I j I / / LL I I ; ~ LLL r I I LOT 32 C 0 N E S S 1 0 N 1 1 1 Lt I I ~ i/ 1 1 1 11 i ' 1 / fi PROPOSED J 1 1 ! COMPOUND 1 0; / m 1 ! y' 1 ( i 't'om' / / ~ 1 / iO I F' 1 1 .t i.l~,a3'~•• g5r. ~ 1 r r. I 1 . A~ rt 1 7'~~/ 14 SS I c% t%~ o; 1 1 U t z , CC 1 1 / / tl °M l' K +6 / C ~ ( ~ N~Si`' / / w1-,L•J 5$'3735E t I i t/ ACCESS _ _ tl z7 0 ~ 1 rr f4i+s-norttl CIt: :7 / C -1 - tp 1 N _ r • ~~~~.~.,.a~~ ' ~ 00 1, at CL z r \ c! I 1 1 p! ~~-1_ rw s~+s•nN0. a rw our 1my) z IU I I c~I ---°4 rw ~Mo-nq`` nfrrs »rt~ _Z-~C-- n No r- _ I'--- Im 7 m h' r t2. ° 4J I~ 2 1 ( 1 LOT 6 _t 7 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION 1939 ALTONA ROAD) O i Ju +f f 11 YP 1,_ s 1 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING 8 DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. 33-11....._......._ SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY (Commercial/ Residential Lands located south of Finch Ave and east of Woodview Ave along Altona Rd: PT LT 32 CON 1) Prepared for: The City of Pickering Prepared by: Public Mobile Thursday, October 06, 2011 33-1 ~ TABLE OF CONTENTS 1. Introduction & Jurisdictional Context 2. Site Justification 3. Collocation on existing tower(s) 4. Common Design Guidelines and Public Mobile's Response 3. Location 4. Description of Antenna System 5. Health, Safety & the Environment 6. Public Circulation Package and Comments List of Maps and Figures Figure I - Evolution of a Cellular Network Figure 2 - Evolution of a Cellular Network Figure 3 - Evolution of a Cellular Network Figure 4 - Changing Tower Profile over Time Figure 5 - Minimum Separation of Antenna Figure 6 - Co-location Figure 7 - Co-location Arial View Figure 8 - Tower Twist and Tilt Figure 9 - Tower Loading Figure 10 - Proposed Site Map Figure 11 - Tower design and elevation according to site survey Figure 12 - Newspaper Article: Original Template Figure 13.1 - Public Circulation Brochure Side 1 Figure 13.2 - Public Circulation Brochure Side 2 Figure 14 -.Circulation Map Figure 15 - Public Circulation List Map 1 - Location Map Showing Distance to Nearest Residential Dwelling I ...33.x,.1,..,... . av 1. Introduction & Jurisdictional Context In recognition of the Federal 'Government's exclusive jurisdiction and in an attempt to promote balance, Industry Canada requires that proponents of telecommunication facilities consult with land use authorities as part of their licensing process. The requirement to consult can be found in Industry Canada's document, Client Procedure Circular CPC-2-0-03. According to the CPC, the purpose of consultation is to ensure that land use authorities are aware of significant antenna structures and/or installations proposed within their boundaries so antenna systems are deployed in a manner which considers local surroundings. Consultation must respect the Federal Government's ' exclusive jurisdiction and specifically does not give a municipality the right to veto the proposal. General information relating to antenna systems in available on Industry, Canada's Spectrum Management and . Telecommunications website h.ttp://strategis.ic.gc.ca/antenna As a result of the Federal Government's exclusive jurisdiction, this proposed wireless facility does not require permitting of any kind. Similarly, zoning by-laws and Site Plan approvals do not apply to our facilities. Public Mobile attests that the radio antenna system described in this Site Selection package is excluded from environmental assessment under the Canadian Environmental Assessment Act. Notwithstanding the Federal Government's exclusive jurisdiction, Public Mobile is committed to consultation with the Local Land-use Authority. In this case, the City of Pickering does not have an existing Telecommunications Antenna/ Tower and Related Structures procedure. This package is intended to provide the necessary information as required by this policy for the Local Land-use Authority (City of Pickering) to review and provide a Letter of Recommendation. 33-1k 2. Site Justification A radio antenna and a tower are the two most important parts of a radiocommunication system. The antenna is needed to send and receive signals for the radio station. The tower raises the antenna above obstructions such as trees and buildings so that it can send and receive these signals clearly. Each radio station and its antenna system (including the tower) provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to ensure that it provides a good signal over the whole cell area, without interfering with other stations and can "carry" a call as the user moves from cell to cell. I a Continuous wireless service - Each cell only serves a fixed number of calls .:,.,n=:..r....aax..,~ew.a , taw..:..~.aiiH.w....uauw;~...u.e~w ®.,:..:;.::.me..s..:.+..sre,.:wa.+:.....~,.~, .a:...:..~.....,.....~.;~..- Figure 1 If the station is part of a radio telephone network, the number of stations needed also depends on how many people are using the network. If the number of stations is too small, or the number of users increases people may not be able to connect to the network, or the quality of service may decrease. LL- y %u L ^ Figure 2 As the number of users exceed the capacity of the radio station to receive and send calls the coverage area for the cell shrinks and the shrinkage between cells create coverage holes. As demand increases for mobile phones and new telecommunication services, additional towers are required to maintain or improve the quality of service to the public and restore contiguous wireless service. r3, ,7 ljnl 6 pp y k 3 r Figure 3 In this case, Public Mobile's RF Engineering department has determined the need for a Personal Communication Services (PCS) upgrade to adequately provide contiguous coverage and service to our existing and future customer base in and around the residential area surrounding the Altona Road and Finch Avenue intersection. Currently, our network is burdened -by a combination of poor voice and data quality in this very large area. In some cases, the coverage is so poor that a handset would be unable to place a mobile call at all in the subject location and surrounding area. The result of this situation is on-going customer complaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Based on Public Mobile's RF Engineering team, a location'was chosen east of Altona Road on I the on the eastern most end of the property municipally known as 1939 Altona Road. The location is on commercial/residential lands owned and occupied by a private landlord, Ingrid and Joseph Verbancic. 3. Collocation on existing tower(s) Public Mobile strongly supports co-location on existing towers and structures. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. However tower infrastructure is a finite resource and over time most towers reach their engineered maximum. This normally results when more than two carriers - occupy the same tower as illustrated below. Alterations to. Further alterations original antennas m to original antennas o I include: direction, o w azimuth, etc. Implemented Futures LL ~ ~ LL I~ Alterations to original t Addition of 2nd Wireless Carrier A - 2nd Wireless ci antennas N [ t1 Carrier ~J _ Additional Netwok LL j LL 1! Technologies/Equipment A r~ 44 i d i i 2001 2004 2009 Initial Single Carrier Tower Profile over Tower a period of time Figure 4 MINIMUM SEPARATION Minimum 1 metre separation between antennas required Towers are limited in terms of both allowable. T r: T IF space and engineering capacity. Each antenna array requires a separation of vertical space so they do not. create interference with each other (see figure 5). . I. Interference with other antennas occur when there is less than 1 metre separation. The signal quality is reduced. Figure 5 `-i 33-►1 Generally a meter separation is standard, however, the closer the carrier frequency's are on the radio spectrum the more vertical separation is required. Because Bell, TELUS and Rogers operate is close proximity in the radio spectrum separation distances between antennas can be as much as 10 meters. Each successive carrier who requests space on a tower receives a lower and lower location. The impact on second and third tower co-locaters because the antennas are line-of-site is that the broadcast radius also shrinks. The location that the carrier achieves on the collocated site results in an uneven distribution of coverage from a site effecting the location of the surrounding sites for each carrier. As you can see in figures 6 and 7 below demonstrate this effect. The 15t carrier is able to locate its next tower further away from the collocated tower that either the 2°d or 3`d carrier. e t. f - ~ ~ 17•~ t tee+'w 1 r ~-y ~ 5 4- •i- .ems eL s~ ! g 1 +YI.++..e'r•., .l+F^!. . _ . ~ - ...wrv~..re. vrT~+ry-m!±'.na. w.w} Figure 6 i 1 r?• a.' ) Z 'I r r { i T A ~t - T{ t Figure 7 33°-1 \ Engineering capacity is a second limiting factor on how much equipment can be placed on a tower. The more equipment on a tower, the more wind and ice loading on the tower causes it to twist and tilt. Tilting has a direct impact on service quality of the tower. Since the signal is broadcast by line of sight the more. it tilts the more the signal area changes causes some areas to move in and out of coverage. Dropped calls and unpredictable coverage is the result. TILTING OF TOWER - '"Jlnd IOadlnO causes towers to twist WIND WIND w r 141 r ti i' The more equipment on a tower, the more the tower tilts. The more equipment on a tower, the more the tower twists. Tower Tilt causes the signals to be aimed away from the Twisting of towers causes the signals to be aimed away from target coverage area. The signal quality is reduced. target coverage area. The signal quality is reduced. Figure 8 Twisting of towers also causes the signals to be aimed away from target coverage area. The signal quality is further reduced. Towers that are loaded with antennas beyond the tensile strength of the steel both twist and tilt. A tower that is appropriately loaded operated within its specified parameters and twist and tilt is kept within operating norms. Overloading a tower can result in unacceptable tower operations or in some very rare cases tower failure. i 7.7 4 RESULTS OF OVERLOADING A TOWER TOWER LOADING =n F - d: 77 WIND 3 WIND A tower is designed to support and withstand site specific A tower is designed to support its equipment load and withstand loading. Exceeding the limits will compromise the tower's wind and/or ice loading that is specific to the site. structural integrity. Unfortunately do to the low rise residential nature of the proposed site neither co-location nor rooftop installations are viable options. i ;i y .33--1i Response 4. General Tower Design Guidelines and Public Mobile's Guideh The following is a table outlining the City of Pickering design guidelines (general and for self supporting towers) and Public Mobile's response to each in this particular case. GENERAL PRINCIPLES PUBLIC MOBILE'S RESPONSE Co location is the preferred option for Public Mobile strongly supports co-location on existing accommodating new telecommunications towers and structures. The use of existing structures facilities as is locating other towers adjacent minimizes the number of new towers required in a to existing towers or hydro transmission given area and is generally a more cost effective way of towers doing business. There are no co-location opportunities within the search area of the proposed tower nor are there existing towers, transmission or otherwise. It should be noted that the proposed tower would be suitable for future co-location with third parties. Avoid locations that are sensitive to The tower is not in close proximity to any of these residential areas, historic sites, features. environmentally sensitive areas and hazard lands Avoiding areas of topographic prominence The proposed site location elevation is approximately 135.2 metres above sea level which corresponds with the average geographic elevation of the area. Care shall be taken in the placement, style There are no buildings immediately adjacent to the and colour of antenna and equipment proposed site. Furthermore the site and design of the shelters on or adjacent to existing buildings. proposed tower are proposed to be as noninvasive as possible. Tower lighting and colour will be dependent on Nav and Transport Canada location and height approval. Maintaining appropriate setbacks from road The proposed tower has been sited on existing allowances. agricultural lands. The location was specifically chosen in order to minimize the visual impact of the tower. The nearest existing residential development is 50 away from the proposed tower location. see ma below). a3-i1 i 3. Location The proposed site will be located on Pt Lt 32, Con 1 Pickering Full Legal Description: PT LT 32 AND PT RDAL BTN LTS 32 & 33 CON 1 PICKERING, AS IN C0150183; PICKERING Tower Centre Co-ordinates: 43 49'57.1 N, 79 08' 25.5" W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 200.0 sq.m fenced compound and is not accessible to the general public. r~ i' 75 04 trio, a• Distance to residence --50 metres i.A ~f' R.. 1 ~0 vtF ~ r'litiv Map 1 - Distance to nearest residence I Lq 4. Description of Antenna System Height: 40 m Type: Tripole Simulated Images: Please refer to Figure 11 (below) for a photo showing a typical 40m tripole tower. The installation will respect good engineering practices including structural adequacy at all times. C{_.WATPON PLAN X" w- /r , .-f.. X M &A, ME Figure 11: Tower design and elevation according to site survey 7 .33- i 5. Health, Safety and the Environment Industry Canada requires that all radio stations be operated within the guidelines established by Health Canada's Radiation Protection Bureau in its obligation, Limits of Exposure to Radiofrequency Fields at Frequencies from 10 kHz - 300GHz. This document is also known as Safety Code 6. In this case, Public Mobile's RF Designer, Junaid Ahmed, attests that the radio antenna system described in this submission package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6, as may be amended from time to time, for the protection of the general public. Moreover the proposed site complies with the Federal guidelines for environmental assessment (EA) exemption under regulation SOR/2007-108. A signed attestation to that effect has been attached below. 33-- I I Canadian Environmental Assessment Attestation Regulation SOR/2007-108 (the exclusion list regulations, 2007) provides in Section 20 that the proposed construction of a radiocommunication antenna and its supporting structure are exempt from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 20. That Clause reads as follows: 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure (a) if (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or (ii~ the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 M; (b) if the project is not to be carried out within 30 m of a water body; and if the project does not involve the likely release of a polluting substance into a water body. (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if (a) the antenna and its supporting structure are affixed to a building; (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and I the project does not involve the likely release of a polluting substance into a water body. (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and (b) does not involve the likely release of a polluting substance into a water body. Similarly, Regulation SOR/2007-108 provides an exemption for buildings from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 7. That Clause reads as follows: 7. The proposed construction, installation, operation or modification of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if 33_,1 (a) the construction or installation does not result in a building with a footprint greater than 100 m2 or a height greater than 5 m; (b) the project is not to be carried out within 30 m of a water body; and I the project does not involve the likely release of a polluting substance into a water body. I attest that the radiocommunication antenna, its supporting structure and associated building proposed to be located at PT LT 32 CON 1 PICKERING complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP 33--11 6. Public Circulation Package and Comments Project specific information was provided to the affected public under both the Industry Canada consultation guidelines and the City of Pickering's guidance. Multiple avenues of participation were used during this project. In addition to information brochures, which were provided to individuals within the circulation radius of 3 times the tower height or 120 metres, a newspaper advertisement inviting comment was also taken out in the July 1 st/2011 edition of the Pickering News Advertiser. As of July 31/ 2011, the deadline for public consultation, there has been zero comments offered to the email or fax number provided from the public on this proposal. For your reference please see the public circulation package (newspaper article, direct mail out brochure, circulation map and list of houses included in the circulation) identified below. 33 i.l PUBLIC NOTICE PROPOSED PUBLIC MOBILE 40 METRE-LATTICE TRIPOLE TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed below by Saturday July 3012011 with respect to this matter. Wireless steel lattice tri-pole, 40 metres tall and will occupy PLEASE TAKE NOTICE as the approval of this site and its design is under an area of 0.02 hectares. the exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction in this matter other than as Location: Approximately 400 a commenting body to Industry Canada and the applicant. metres south of the Finch Avenue. Altona Road ADDITIONAL INFORMATION relating to the proposed Tower and site is intersection in the City of available for review between 8:30 am and 4:30 pm, Monday to Friday at the Pickering. City of Pickering municipal offices. Further information may also be obtained through the following contacts: Part of Lot 32, Concession 1, Public Mobile - on contract to: City of Pickering, Regional City of Pickering contact: Municipality of Durham FONTUR International Inc. 30 East Beaver Creek Road Tyler Barnett, Senior Planner The facility will include Suite 104 Development Review mechanical equipment shelter Richmond Hill, ON L4B 1J2 City of Pickering and fencing around the base One The Esplanade of the tower. The tower will Fax: 866-234-7873 Pickering, ON provide wireless and data Email: L1V 6K7 services. ONPCK0550.publicmobile.info@fo Tel: 905-420-4660 ext.2042 nturinternational.com Email: tbarnett(cDcityofpickering.com SITE LOCATION MAP KEY PLAN (NOT TO SCALE) Mch A-.* °g Access o U oR°w ~ r 7A •r~ e Sheppard Avenue Figure 12 - Newspaper Article: Original Template I 33 I ~ . Feaiih cna ,efeiv ore pernmourf to Public Mb Public Mobile i2 committed to public corsulfoiior, 'tile. stealth Cancoa has esicb6 h a electrc You ore invited to provide ommeris o Public Flo- i r •y. F*- mogretic exposure guicehP.cs kro yr as 5e eta bile ebo t this proposal by nail electronic mail or y tT Public , Ccd 6, fc ensure the s _ eperabor c vi r el s °ax In order to ensure your comments arc crsid- ontenno irstcllcNors. Public Mobile ensures that l ereo you must respond by close o' business„r.,or all of its facilifies operate well below the clicwc- soy 1 rl, s.,! <"•L < i to: MOBILE" bie limits measured, taking into ccccurt all pre- I. exis5ng sources and combined effects of addr j FONTUR Interraticrol ' ticral carrier co4ocotcrs; in foot, this site will be 30 East Eecver Creek Rocc,Suife 104 l th.cusor-ds cf times below the ollowcble limits. j Richmond Hill. GN L46 1 J2 Fcx Bbb-234-7673 pockog j Emod Public fdescribed chests .hat the radio crJenno i sysem in Ihis retriceficr, package ChPGC~55p,publicmable.h~fo3tcn;unrterrascra ccn• will be constructed in compliance with the No- j oti Nor& Builcing Code of Canada which ircluo s "r s l; - ( ~ -,ram ( a8 ficatio cll applicable C5A Rcdio Cc-muncaaons Reg- " ulaticrs. ATTENTION: Tower Issue - 1439 Alfarc Rood. Pinker- I Regulcicry and cbnsulteti ve procedures 'or tel Lir.g.0N•0NPCK0550 i Fora 40m Teieco mmurscctions ercmmunce5ens onternos car, be found in I i w ,Canada's CPC 2-0-03 Issue 4. I Toronto District Office To we, 1 Room 9u4, 9th Floor Public Mobile otfesis that the radio enienna i 55 51. Clair Avenue "earl system described it fhis roti6ccion package : Toronto. Oil NUT 1 fvl^_ will comply with Transport Canedc / NAV• Coro Telephcne:.416-473-8215 i,.r3CQted at; do ceroroutical safetyrec6rements. Public Fc,r 416 45 •3553 f•,tcbile has mode all necessary applications to j Emailr Transport Cancdo and NAV Ccncdo and will i 93 P Altona P27ad. undertake to Provide these requirements when ,till s'i iP5 Y`t ff1C t (-Gl: ! they ore mode cvcilcbl e. I Pickering, Ontario Tyler Ecrnetf,Senior Plcnrer j ' f ore locked,l The Fropeseo sec 6tyvreald include o 1. Development Review alarmed and electronioclly monitored mechan-, Cihy of Pickering Cal ecuipmentshelter- Fencing would beirr l Put>Iic Mobsie Site Code j E-spicrode j'clled around the base of the tov:er and - Pickering. The Pickering. ON Ll 6K7 ~KC r`t ecui m,eni shelters and would include one Q~!f rcL5Ju. Tel 4C' locked gate access point. 4~0-46bC art 0e2 Emal I ~ 1 r I, i jGer rcl•r:`o!mcticr, from Industry Canada: 4 F.4.fp:/Izfrc:4egis.ic.gc.cc/onier.r.o health Canada's Safety Code 6: j h.tip://wvm.ic.gc cplepic/site/smf-gsf.nsflen/ i - sf594u^e.himl i Figure 13.1 - Public Circulation Brochure, side 1 j i z -a 1 ' a CI Y-_(, 1,'Y[ra <r~l„i; {-2 ! j In reccgrifior. of the Federal Gcve-r.ment's exclu- A rcdio offers and tourer ore the fwc most im- ! Public folebile is proposing a nCm: tri-pole tower to i sive jurisoicticn and in or, cite mpt to prom cfe bal- i pericrf ports of o rcdio ccmmuriceticr. sysiem. j ! improve upcr, the overall poor coverage in your once. Ire'usfry Canada requires fhef preparents at The orterrc is needed to send and receive dg- j area. 'elecommucicetien`eciities corsulf vrth land use nals for the rcdio stotior, She tower raises tine cr ' oufherities as pert of theirlicersirg process. The terse above obstruction; such as frees and build- I Below is on image of a tower similar to the one p.o .I posed- requiremenf to consult car. be found it,, Industry ins so that it car send and receive these signals ' Carade s document, Client Procedure Circular clearly. Ecch. radio station and its antenro system - 'CPC! 2-031 The purpose of car sulicfion, as cut (including the tower) provide radio coverage to 0 lined in CPC 2.0-03, is to ensure •hoi land use at.- ' specific geographic area. often called a cell. The thcrities ore curare of sigrificert antenna structures 1 antenna system must be acrefully located to en- ' j end/or irsicliaticrs proposed v,nthin their beurd,. ' sure thai it provides a good signal over the whole 1 vies and that ontenria s ystems are deployed in a i cell area, without interfeing with other stations. In morrerwiich- considers load surrcundirg,. I creos where there are many cells. the antennas do rtcf reed to be very high. Where the cells or_ 1 i crgea the anterrtcs must be higher above 4he I ' ELEVATION PLAN Consultation must respect the Federol Govern- I I meri's exclusive umsdicticr end specincelly does ground level in order to provide good relic cover net give a municipality the right is vela the pro- age for the whole crec. i i NOT TO SCALE 11 posal. As aresult, this proposed wireless=ocfity I I does rof require permitting of cry kird. Similarly, In this case. Public Mobile has determined the'; zoning by-lows and site plot: approvals do rot ap need for new antennas in the crec in order toad-' ply to these face:fifes. j ecuctely provide corfiguous coverage and set-! j !vice to our future customer base along Atonal NotvAthstcrdirg the Federal Gcvercmert, exclu- i Road, between. Finch and jhepFCrd Averue.l :ive jurisdiction. Public Mcble is committed to car,- _ Public Mobile chose this site in. order to ovoid sdfafionvwih the local land use authority The City ~ problematic situations for our future cusfomers of Pickering). The city dices not have c council- ! such cs pact voice and data quality, dropped; j adopted protocol or policy related to fhl.s proposal. calls, or ever. the inability to place a mobile cal! mt Thi; public ncfi5catlor, has been designed to pia- 1 the subject crec. i vide all !he necessary informc ion as recuire by i Indusiry Ccncdc to those preoerfies' ',hot "oil vwi+Hn the notification radius. l KEY PLAN 'eci I Crum rd srw.e7 , The proposed site of the tower is t40m south of the : - : l '''~jf( Finch Ave end Ali„ra Rocd irterseclicn adjacent the hydro corridor, or, the property legally known as Port of Lot 32 Ccr ce, sicr I- 'I I Public tdabte strongly sup ports co-lecafior or exist irg tower, and structures. The use or e:dsting strut ;y r ; b tunes minimizes the number a` rew towers required; in o giver, area and is generally a m;ae cost etfec , five way of doing business. Unfortunately in this I case. there were no existing structures it the area i ~ Public Mobile attests that the radio antenna system i to be considered. \ described in this notification package will comply with the Canadian Environmental AssessmenfAct, as this facility is excluded from assessment. a : Figure 13.2 - Public Circulation Brochure, side 2 i 3.3-11 r? l~ i 120.0 METRE I ~ NOTIFICATION RADIUS I I FROM PROPOSED TOWER I LOT 32 C O 'N E S S 1 0 N 1 PROPOSED ci) ) ~ COMPOUND I n N I ~ / f t.) I F . I ( j1~ • 2~0 ~ / ACCESS ~ ; ( i ~ c~ o I I p`' I r / I Do ro A6 58'37'35.E ....r ~ ~ ACCESS ice' i~ir,M' Arrs~-m°l` I CC n - p r ~P" .30-1 I ! t7 M ~ r ~ 5~ ~ 1 ~ rw ~nw0. ~ rw ~sr-m+Rn tG -mn 1XI r a I Im / ~ / it - . • n_ I rah III 1 I11 0.0. I I I L0T 6 I a. III Figure 14- Circulation Map i 33 ONPCK0550 - Circulation List PIN Address 263651195 TRCA Land 263.650089 TRCA Land 263651069 OPG Corridor 263651164 368 Sparrow Circle, L1V 7E6 263651166 370 Sparrow Circle, L1V 7E6 263651165 372 Sparrow Circle, L1V 7E7 263651168 376 Sparrow Circle, L1V 7E7 263651167 376 Sparrow Circle, L1V 7E7 263651163 378 Sparrow Circle, L1V 7E7 263651169 380 Sparrow Circle, L1V 7E7 263651377 1565 Hummingbird Court, L1V 71-18 263651180 No mailing address 263651175 375 Sparrow Circle, L1V 7E6 263651177 377 Sparrow Circle, L1V 7E6 263651181 379 Sparrow Circle, L1V 7E6 263651178 381 Sparrow Circle, L1V 7E7 263651206 383 Sparrow Circle, L1V 7E7 263651211 385S parrow Circle, L1V 7E7 263651210 387 Sparrow Circle, L1V 7E7 263651207 389 Sparrow Circle, L1V 7E7 263651209 391 Sparrow Circle, L1V 7E7 263651208 393 Sparrow Circle, L1V 7E7 Figure 15 - Circulation List s 33-11 Excerpt from April 18, 2011 Council 'Minutes Resolution #87/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS. the City of Pickering was recently informed that Industry Canada has approved a 'cell phone tower at 1820 Whites Road, Amberlea Presbyterian Church without. any consultation with the City of Pickering; and WHEREAS the Federal Government through Industry Canada, refuses to recognize the important role that municipalities play in regards to local land use matters and specifically where cell phone towers may be situated; and WHEREAS local residents residing in the Amberlea/Foxhollow Neighbourhood are outraged, having become aware through 3r. party information that such an. intrusion can be erected in a residential community; NOW THEREFORE BE IT RESOLVED that the Federal Government through Industry Canada be advised that the- City of Pickering objects to the installation of a cell phone tower at 1820 Whites Road and that they reverse its approval and, enter into discussions with the City of Pickering in order to find a more appropriate location; AND FURTHER that the Federal Government be required to amend their policies. and procedures for the approval of cell phone and radio towers to allow far local municipalities consultation on all applications and to not approve applications objected to by the local municipality; AND FURTHER that consultation takes place through the Federation of Municipalities on establishing guidelines to assist Industry Canada in setting criteria that can be used by municipalities to assess each application submitted for towers; AND that a copy of this motion be forwarded to FCM to be included for endorsement at its annual meeting AND that copies of Ibis resolution be sent to Dan I` cTeague, MP for pick:,:,ring/Scarborough.East, the Honourable Tony ';lenient, Pvlinister of Industry.. and the Ho nourable Cary C? aoc'year, ivii sister of S'Elte acience. and Tochnolocgy). C'nrriad Unanimously or, .-i k xorcled Vote 5 33-11 Excerpt from May 16t". 2011 Council Meeting Minutes Resolution #102/11 Moved by Councillor O'Connell Seconded by Councillor Ashe WHEREAS On April 18, 2011 the Council.for the Corporation of the City of Pickering formally opposed the installation of a 'communications tower at 1820 Whites Road in the City of Pickering; and WHEREAS hundreds of area residents have signed a petition objecting to the installation of .a communications tower at 1820 Whites Road and other City locations; WHEREAS the City of Pickering received a response from Industry Canada in regards to our request to relocate the proposed communications tower at 1820 Whites Road and have ordered all communication tower installations cease on this site until Industry Canada can review this matter; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering requests the Government of Canada cease further consideration of communication towers in any residential area of Pickering in order to commence discussions with the City of Pickering to establish criteria based on mutual respect for all matters pertaining to land use in the City of Pickering for the installation of communication towers throughout our community. AND THAT `a copy of this resolution be sent to Durham Regional Council, Corneliu Chisu, MP Elect for Pickering/Scarborough East, Chris Alexander, MP Elect Ajax Pickering, the hlonourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology).. Carried Unanimously on a Recorded Vote