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HomeMy WebLinkAboutPLN 07-13 ���e�� Report to _ . '�' Planning & Development Committee - � � PICKERI1vG , Report Number: PLN 07-13 Date: April 8, 2013 From: Thomas Melymuk Director, City Development Subject: Proposed Telecommunication Utility Poles ' The Regional Municipality of Durham 2105 Rosebank Road ' 1611 Pepperwood Gate 583 Eyer Drive 1610 Dersan Street Recommendation: . 1. That the Region of Durham be advised that City Council supports the proposed 18.0 metre high telecommunication utility pole to be located at 2105 Rosebank Road, based on the design and other details submitted with this request; ' 2. That the Region of Durham be advised that City Council supports the proposed 18.0 metre high telecommunication utility pole to be located at 583 Eyer Drive I, based on the design and other details submitted with this request; 3. That the Region of Durham be advised that City Council supports the proposed 18.0 metre high telecommunication utility pole to be located at 1611 Pepperwood Gate based on the design and other details submitted with this request; and 4. Further, that the Region of Durham be advised that City Council supports the proposed 18.0 metre high telecommunication utility pole to be located at 1610 Dersan Street based on the design and other details submitted with this request. Executive Summary: The Region of Durham is currently upgrading their control systems at all water supply facilities throughout the Region. The upgrades include improvements to the wireless communication system at all of its water supply sites. The Region is proposing to erect one 18.0 metre high concrete utility pole with communication equipment on it at each site. As these installations include radiocommunication equipment, they are subject to the public consultation requirements established by Industry Canada. Since the submission of the initial proposals, the Region of Durham has completed their public consultation process, in accordance with Industry Canada's requirements for four of their locations in Pickering. The Region has advised that only four public comments were received and are requesting that City Council provide a statement of concurrence in support of the installations. Report PLN 07-13 April 8, 2013 Subject: Proposed Telecommunication Utility Poles Page 2 City staff are supportive of the proposed installations. For each proposed location, there does not appear to be an acceptable opportunity to co-locate on an existing tower, and the proposed towers have been designed to minimize any negative impacts on adjacent properties. Furthermore, these communication poles will assist the Region of Durham through improvements to operations and process monitoring, water delivery and response times in the event of an emergency. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Applicant's Proposal In August 2012, the Region of Durham submitted four applications to the City Clerk outlining its proposal to construct an 18.0 metre high concrete utility pole for wireless communications on the lands municipally known as: 2105 Rosebank Road (see Location Map —Attachment#1) 583 Eyer Drive (see Location Map —Attachment #2) 1611 Pepperwood Gate (see Location Map —Attachment#3) 1610 Dersan Street (see Location Map —Attachment#4) The proposed communication pole will be located within the existing fenced compound at each site. The Region has provided an illustration of the proposed 18.0 metre high pole to be installed at each location (see Applicant's Submitted Plan —Attachment #5). The associated radio equipment will be stored within the existing water supply plant at each site, with the exception of 1611 Pepperwood Gate, where the radio equipment is proposed to be stored within a panel mounted to the proposed pole. 1.2 Property Location and Description 2015 Rosebank Road This site is located on the east side of Rosebank Road, north of Finch Avenue. The subject property is owned by the Region of Durham and is currently used for a water reservoir. The surrounding land uses include agricultural\residential uses to the north, east and west, and the Canadian Pacific Railway line to the south. The closest residential property (2120 Rosebank Road) is approximately 100 metres west of the proposed tower. � Report PLN 07-13 April 8, 2013 Subject: Proposed Telecommunication Utility Poles Page 3 The subject property is designated as Open Space System — Natural Areas in the Pickering Official Plan and zoned `A' — Rural Agriculture in By-law 3036, as amended by By-law 6578/05. The installation of a telecommunication pole is permitted under the public utilities exemption in By-law 3036. 583 Eyer Drive The site is located on the east side of Eyer Drive, south of Oklahoma Boulevard. The subject property is owned by the Region of Durham and is currently used for a pumping station. Surrounding land uses include residential uses to the south, east and west, and the Apostolic Church to the north. The closest residential property (633 Stonebridge Lane) is approximately 18.0 metres south of the proposed tower. The subject property is designated as Urban Residential Area — Low Density in the Pickering Official Plan and zoned `I(C)-DN1' —Church\Day Nursery in By-law 2511, as amended by By-law 2865/88. The installation of a telecommunication pole is , permitted under the public utilities exemption in By-I�w 2511. 1611 Pepperwood Gate The site is located on the south side of Pepperwood Gate, east of Major Oaks Road. The subject property is owned by the Region of Durham and currently is used for a pumping station. Surrounding land uses include residential uses to the north, south, west, and Valley Farm Public School to the east. The closest residential property � (1570 Major Oaks Road) is approximately 10.0 metres west of the proposed tower. The subject property is designated as Urban Residential Area — Low Density in the Pickering Official Plan and zoned `ES-S1' — Elementary School - Single Detached Dwelling in By-law 3036, as amended by By-law 2015/85. The installation of a telecommunication pole is permitted under the public utilities exemption in By-law 3036. 1610 Dersan Street The site is located on the north side of Dersan Street, west of Brock Road. The subject property is owned by the Region of Durham and currently is used for a water booster pumping station. Surrounding land uses include the Devi Mandir temple to the�north, a woodlot and City Operations Centre to the west, and vacant lands designated for mixed use to the east and south. Report PLN 07-13 April 8, 2013 Subject: Proposed Telecommunication Utility Poles Page 4 The subject property is designated as Mixed Use Area — Mixed Corridor in the Pickering Official Plan and zoned `A' - Agricultural in By-law 3037, as amended by By-law 6577/05. The installation of a telecommunication pole is permitted under the public utilities exemption in By-law 3037. 2. Comments Received 2.1 Required Public Notification has been completed City Development staff are in the process of developing a protocol respecting the installation of telecommunication 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. Based on the proposed 18.0 metre tower height, each proposed installation required notification to adjoining property owners within a 54 metre radius of the base of the tower. The applicant expanded the public notification to a radius of 65 metres from the proposed location of each telecommunication pole. The applicant provided written notification to the adjoining property owners within this � radius. The Region's consultant has confirmed that oniy four comments were received as a result of the notification process (see Applicant's Public Consultation Report—Attachment#6). The site at 2015 Rosebank Road received a comment from a neighbouring property owner indicating that they had no objections to the proposal. The second comment came from the Durham District School Board regarding the installation at 1611 Pepperwood Gate which abuts the west side of the school property. The Durham District School Board comments were focused on maintaining safety of the school population during construction and during the day-to-day operations by Region of Durham staff. The Region has indicated that i, they will update the school board on the construction schedule. ' The third comment received was from Paul and Marylinne Gross (580 Eyer Drive) ' who live near the 583 Eyer Drive site. They did not express any objection to the installation of the telecommunication pole but suggested it be designed to look like an evergreen tree similar to what was installed in Algonquin Park. The Region acknowledged their comments regarding the appearance and indicated they would do their best to address them. The Region has indicated that after . considering the comments they believe the tree design would look out of place in this area. City Development staff are in agreement with this position as it would look out of place given its scale against the existing vegetation surrounding the site. Report PLN 07-13 April 8, 2013 Subject: Proposed Telecommunication Utility Poles Page 5 The fourth comment received was from Ms. Surkis (590 Eyer Drive) and her concerns were related to the potential impact the communication pole would have on the value of her property and whether the installation would be hazardous to her health. The Region of Durham responded by indicating they are not able to ascertain what impacts it may have on her property value and confirmed that this installation is well below the limits established in safety code 6 which is Health Canada's human exposure guidelines to radiofrequency electromagnetic energy. 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 Region of Durham has advised that there are no suitable towers\structures within their search area. 2.3 Council Resolutions In May 2011, City Council passed a resolution 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 Resolution 102/11 —Attachment#7). 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#8). The Region has provided confirmation that these proposed installations have been publicly circulated in accordance with Industry Canada requirements and the proposals are now before Committee.and Council for consideration. In view of the public consultation and Council engagement associated with these proposals, the processing of these applications through this report is not � considered contrary to Council's Resolutions. 3. Planning Analysis 3.1 Proposed Telecommunication Utility Pole Locations are Acceptable The Region has indicated that the utility pole height has been minimized as much as possible, to reduce the visual impact on the neighbouring properties. The proposed installations will resemble existing utility poles in the neighborhood in appearance but with a greater height. The typical height of City light standards is between 7.5 metres to 9.0 metres in height. The proposed communication poles 'i will have minimal land use conflict with surrounding properties. I Report PLN 07-13 April 8, 2013 Subject: Proposed Telecommunication Utility Poles Page 6 Staff support the installation of these telecommunication poles as they will assist the Region of Durham in improving their operations, process monitoring, water delivery and response times in the event of an emergency. Attachments 1. Location Map — 2105 Rosebank Road 2. Location Map — 583 Eyer Drive 3. Location Map — 1611 Pepperwood Gate 4. Location Map — 1610 Dersan Street 5. Typical 18.0 metre High Telecommunication Pole • 6. Applicant Summary of Public Consultation Process 7. City Council Resolution 102/11 8. City Council Resolution 87/11 Prepared_B_y: Approved/Endorsed By: �d'GCi �- ler Barn Catherine Rose, MCIP RPP Seni lanner— Site Planning (Acting) Chief Planner � Nilesh Surti, MCIP, RPP Thom s Melym k, IP, Manager, Development Review Director, City Development & Urban Design TB:Id Recommended for the consideration of Pickering Ci ounc' Q�C.• 2�, Zo U? Tony Preve el, P.Eng. Chief Administrative Officer ATTACHMENT# � TO REFCJRT � L 0�7-13 Y Z Q m W � � R' PROPOSED 18m TELECOMMUN►CATION UTILITY POLE vN� S . ,I O���O D DRIVE G R��GE�P�� � OR� o N� U PN� �pG �,P PMPR���O } Y N S FINCH � AVENUE FINCH AVENUE w w m w ? o m � Q City of Pickering City Development Department PROPERTY DESCRIPTION 2105 Rosebank Rd. (Concession 2,Part Lat 30,40R-10039 Part 1,2) OWNER Region of Durham DATE Mar.5,2013 DRAWN BY �B � FILE No. InstallatiOn#51 SCALE 1:5,000 CHECKED BY TB H aTeranet Enterpriaee Inc. and ita euppitero. All rlghte Reeerved. Not a plan Of eurvey. PN-RUR 20/2 MPAC and its �uppliers. All ri hts Reservetl. Ne! a plan o1 Surv ATTACHMENT# � TO REPOR7 � P�N o�-�3 1 � �O ��� 9� ��G��P ��� CA�HO��C 9 0 O�\�F, CHURCH DRIVE A BREDA � FO �P ��Q- c�. � �" D � MORETTA A � m OUR LADY J o OF THE BAY = z SEPARATE N SCHOOL SANOK � IDWELL TOT LO � VICKI � HAMPTON COURT Z w U N W � Cp�RT v w � � 0 OKLAHOMA DRIVE _ F-- � � ABINGDON COURT r S' �c� NTECOS L � � z w m > � > � � r � J = O Q � � ROAD j �,�� PROPOSED STO N EB R I DG E `'� L COMMUNICATIO UTILITY PO � LAYTON CRT. o w LANE Z o � o o c� o � � � Q r , DOWNLAND 'T' COURT ! �,� vs v.e aas N LOOKOUT � PO/NT W � ��Qj PARK ENGEL = � cR �'F 0 3 U FF���FIV w C _ V � City of Pickering City Development Department PROPERTY DESCRIPTION 583 Eyer Dr.(Broken Front Concession,Range 3, Pt.Lt.28,40R-9721,Part 1) � OWNER Region of Durham DATE Mar.5,2013 DRAWN BY �B FILE No. IllStelletlOn#52 SCALE 1:5,000 CHECKED BY TB H �TeranatCEnterprleee Ine, ona Itn euppltero. All rlghtn Re6ervetl. Not a plan ot eurvay. PN�2 20t2 MPAC and its aupplier�. All rl hts Raserved. 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Q 1— IC LANE DRIVE N� z INDU CULTURAL C TR BLVD� � MISTHOLL �n Y 3 Q � —� z a U � W J DERSAN STREET WILLIAM PR0180�SED TEL UTILITY POL TIO Y U O � m City of Pickering City Development Department PROPERTY DESCRIPTION 1610 Dersan St. (Con 3,N Pt Lot 19,40R-25822,Part 18,19,20,21) � OWNER Region of Durham DATE Mar.5,2012 DRAWN BY �B FILE No. Installation#54 SCALE 1:5,000 CHECKED BY TB H �Tera etr�EnterpAeee Inc. and Ite eupDllare. AII rtghte Reeerved. Not o plan of e„rveY. PN��3 2012 IAPAC and tts •upplfers. All ri h!s Rewrved. Not a plan o1 Surv ATTRCHMENT# 5 TO RE�'OR7 � P�-lV 07-13 INFORMATION COMPILED FROM • APPLICANTS SUBMITTED PLAN 18m HIGH TELECOMMUNICATION POLE � 00 � � - 6ROIdID ROD OROlMO IIOD This map was produced by the City Of Pickering City Development Department, Mapping and Design,March 4, 2013. A?TACHMENT� � TO � RE�'OR7 �1 /��N o�-�3 ■ . ■ ■■ Westin �::: WESTIN ENGINEERING 50 Mclntosh Drive Suite 225 Markham,Ontario,Canada . L3R 9T3 T:905-947-1616 , F:905-947-9933 www.westinsolutions.com • March 14,2013 � Tyler Barnett � Planning and Development � City of Pickering One The Esplanade Pickering, ON,L1V 6K7 Subject: Region of Durham SCADA Upgrade_and Integration Program—WAN, Public Consultation Process Westin Engineering and the Region of Durham have completed the public consultation process for four 18 metre telecommunications utility pole applications submitted between August 2012 and November 2012. The four sites include: 1. Cherrywood Reservoir,2105 Rosebank Road,Pickering, L1X 2R5 2. Lookout Point PS, 583 Eyer Drive,Pickering,L1W 3A9 3. Grand Oak PS, 1611 Pepperwood Gate,Pickering, L1X 2K5 4. Duffin Heights Booster Station, 1610 Dersan Street,Pickering The public consultation process consisted o£ L Notification packages reviewed by City of Pickering Planning and Development. � 2. Mailing lists for a 65m radius (3 times the height) of the utility pole location provided by the City of Pickering Planning and Development. 3. Notification packages mailed out on December 28, 2012. 4. The Notification package: a. Explained the purpose of the project, and why the site was chosen. b. Contained an aerial view of the proposed location c. Contained a photo rendering of the proposed utility pole. d. Statement that the proposed project is excluded from the Canadian Environmental Assessment Act. e. Statement that the City of Pickering communication tower citing policies have been taken into account. � f. Industry Canada website for additional information. g. Region of Durham and City of Pickering contact information for further information or questions. h. Closir�g date of February 4t'', 2013. This provides the public 30 days for comment. www.westinsolutions.com ATTACHMENT# 6 TO REFUR7 �l _P� 07-I'.� ■ ■ ■■ West�n ::: Three letters/emails were received regarding the 4 proposed utility poles and one phone call. No comments were received for Duffin Heights Booster Station, 1610 Dersan Street,Pickering Comments and responses are as follows: � 1. Cherrywood Reservoir,2105 Rosebank Road,Pickering, L1X 2R5 a. Received January 9, 2013 from Ken Rovinelli, owners of adjacent property to the North b. No response needed. c. Comment: I would like to comment on the captioned mater on behalf of Ashburton Asset Group Inc., owners of the adjacent property to the north of the proposed site. We have no objection to the communication pole and good luck with your project. 2. Lookout Point PS, 583 Eyer Drive,Pickering, L1 W 3A9 a. Received January 1, 2013 from Paul Gross, resident at 580 Eyer Drive b. Responded January 28,2013 a Comment: Mr Webster We live at 580 Eyer Dr. and have reviewed the proposal and the benefits as presented and accept the proposal as beneficial to the region and the community however, I have one suggestion that you should consider which I am sure will bring on board more of the local residents in view of the tower. I suggest you consider changing the pole structure to a similar type as used in Algonquin park for the recently added cell towers, they look like the natural landscape of the trees in the area. "A pole that looks like a evergreen tree". Hope this adds to your options to deal with the objections that will come! Paul H Gross and Marilynne E Gross d. Response provided by Fred Webster, Region of Durham: Good Day Mr. Gross, This is to acknowledge receipt of your email regarding the proposed communications pole at 583 Eyer Drive in Pickering. Thank you for your email and your comments and concerns. I must apologize for the lateness of my response. Please know that we acknowledge your comments regarding the appearance of the proposed communications utility pole and will do our best to address them. e. Post Communications: We have reviewed and consulted with tower companies regarding a structure disguised as a tree and have concluded that in an urban streetscape it would be out of place and the closer one gets the less they look less like trees. A utility pole will appear more natural in an urban setting. www.westinsolutions.com ATTACHMENT# � TO REPURI �l P�N o7-�3 ■ ■ ■■ Westin "' � � �... �... 3. Lookout Point PS, 583 Eyer Drive, Pickering,L1W 3A9 a. Telephone conversation on March 12`h between resident Rhona Surkis and Region project manager Fred Webster. b. Ms. Surkis address is 590 Eyer Drive,Pickering, ON., 905-831-1234 � c. Summary of comments: . 1)Is concerned that the proposed communications utility pole will reduce her property value and wants to sell her property. � 2)Is concerned that the radio frequencies will be hazardous to her health as it is directly across the street. 3)Would like to know when the pole wil�be installed. 4)Would like the pole installed after the end of the year, as she would like to sell prior to installation. d. Response provided by Fred Webster,Region of Durham: 1) Stated that we are unable to ascertain whether or not there will be an effect on property value. 2) Stated that the proposed installation is designed to be well below Health Canada Safety Code 6limits. Stated that we will mail a copy of Health Canada Safety Code 6 and related documents to her for her information. 3) Stated that under the present schedule the proposed installation would likely occur in early 2014. �4) Stated that it is very likely that the proposed pole if approved would not be installed before the end of 2013. 4. Grand Oak PS, 1611 Pepperwood Gate,Pickering,L1X 2K5 a. Received attached letter from Durham District School Board, dated January 31, 2013 b. Fred Webster from the Region of Durham spoke with Ms. Nancekivell and provided the present schedule for Grand Oaks of early August. Fred will update her as to schedule changes. c. Post Communications: The Region will insure access to the school site is not restricted. To erect the utility pole a large boom truck will be reyuired which will likely restrict access to the adjacent sidewalk. This truck will be required on a few different occasions during separate weeks. Ms Nancekivell will be kept updated and safety precautions will be taken to ensure residents and students are kept safe and can get safely get around the truck. If you require any clarification or have any further questions,please do not hesitate to contact me. Yours truly, ���� %���L� www.westinsolutions.com ATTACHMENT#�TO RE�UR�t �t P�N 07-13 ■ ■ ■■ Westin "' � .... �... Chris Murray, P.Eng. Westin Engineering Inc. Copy: Jason Glaskin-Clay, Westin Engineering John Mirabella, Westin Engineering Fred Webster, District Supervisor,Water SCADA Integration, Region of Durham Alfred Ho,Project Manager, Region of Durham www.westinsolutions.com ATTACH(UIENT#?_TO REF'ORT � �,�07-/3 , Excerpt from Mav 16t", 2011 Council Meetinq 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 communicafions 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 lndustry and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote � -- ATTACHMENT# S TO � Excerbt from /�pril 18. 2011 Ccuncil Minutes RE�oR� � P�.lv o7-�3 _ . �F�esolution #87/11 �. � - Moved by Councill�r 0'�onnell � Seconded by Co�ncillor Ashe � . �. , . . 1/VHEREAS.th� City of Pickzring was recently informed that l��dustry Canada has � : approved a cell phone fiower at 1820 Whites Road, Amberlea Presbyterian Church wifhout any consultation with the City af Pickering;.and �� , . . . - �UVHEREAS �the Federal Governrnent fhrough Indusfiry Cana�da, refuses to � � - cecognize the imporf�arit rale that muriicipalities play in regards to loc.a( land u��. � . . � �� matters and specifically where cell phone towers may.be situated;�and ,. : � : WHEREAS lacal residents r�siding in the Amberiea/Foxhollow Neighbaurhood are � � :�. . � autraged, having become aware.through_3�d party information that such �n. � . . intrusion can be erected�in a residential community; . - � � � .� - : . � � `, . - NOW.THEREFORE BE I.T RE50LVED that the Fed�ral Government through . � � (n:dustry .Canada be advised that fhe�City of Pickering.objects fo the installation of '� . . ". a cell phone tower at 1820 Whites Road arid that t�iey�reverse ifs approval �nd : . � �. . � � enter iRto discussians with the City of Picketing�.in order to �nd a more appropriate. focation; � �, � . .. . . . . : . � • .. : � �AND FURTHER that the Feder.al Government be re.quired to amend.their policies. arid procedures for the approval of cell phone and �radio towers to allow for local � .. � . _ � . .municipaiities consultation on all.ap.plications��nd�to not approve.applicafions� � . � � : F��>:��= objectsd to.by the local municipality� � � ,,�.`� ' . ' � . . � . . ��: . . . . , . . . . AND FIJRTHE-R that consultation takes pl�ce througfi the Federation af � � � _ �:l�lunicipalities_on establishing guidelines to assist Industry Canada in.setti►ig � . �� criteria�that can be used by municipalities t� assess each application.submitted far .towe rs; � � � � . �� � : . � . . . . ,: . . � , � �_ .AND that a copy of this motio.n be.forwarded fio FCM fo be includ�d for � � � � � � . �endorsement at its annual meeting � . � �_ : � �. _ � . AND thaf copies of this resolution be sent fo Dan McTeague, MP �or � � . Pickering/Scarborough.East, the Honourable Tony Clement, �fVlinister of Industry, � � .. and the Honourable Gary Goodyear, Minister of Stafe.(Science and Technology). . � Ca�ried Unanimously an a . . � Recorded Vote � � � .� .