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HomeMy WebLinkAboutPLN 13-13Cial °o Report to Planning & Development Committee PICKERING Report Number: PLN 13 -13 Date: May 6, 2013 From: Thomas Melymuk Director, City Development Subject: Proposed Telecommunication Tower Installation Public Mobile North side of Highway 401 right -of -way at the south limit of Altona Road Installation #28 Recommendation: That Public Mobile be advised that City Council supports the proposed 29.9 metre high telecommunication tower installation on the Highway 401 right -of -way at the south limit of Altona Road based on the design and other details submitted with this request; and 2. Further, that the Director, City Development be authorized to forward a letter to Industry Canada requesting their assistance to encourage Rogers Wireless to relocate their telecommunication equipment from an adjacent tower onto the proposed Public Mobile tower to minimize the presence of the telecommunication structures. Executive Summary: On January 8, 2013 Public Mobile submitted a proposal to construct a 29.9 metre high monopole telecommunication tower on the Highway 401 right -of -way at the south limit of 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 Development staff are supportive of the proposed installation as it is appropriately located and will facilitate the removal of the temporary tower located on an adjacent property municipally known as 1312 Altona Road. There is an existing Rogers Wireless cell tower immediately west of the proposed installation which cannot accommodate Public Mobile's equipment. Public Mobile has approached Rogers Wireless to relocate their equipment on this new tower as it has been designed to accommodate additional carriers. 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 telecommunication towers. Report PLN 13 -13 May 6, 2013 Subject: Proposed Telecommunication Tower Installation Page 2 It is recommended that Public Mobile be advised that City Council has no objection to the proposed telecommunication tower on the Highway 401 right -of -way at the south limit of 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. 1. Background On January 8, 2013 Public Mobile submitted a letter to the City requesting comments on their proposal to construct a 29.9 metre high telecommunication tower on the north side of the Highway 401 right -of -way at the south limits of Altona Road (see Location Map, Attachment #1). Public Mobile currently operates from a temporary telecommunication tower located on an adjacent property municipally known as 1312 Altona Road. Public Mobile originally proposed to erect a permanent tower in its place and City Development staff expressed concerns with this proposal due to the fact that the permanent cell tower would preclude the development of the lands as contemplated in the City's Official Plan. During our discussions with Public Mobile, it was noted that there is an existing 14.9 metre high cell tower located on the Highway 401 right -of -way that was approved and constructed by Rogers Wireless (Installation #5). It was suggested that this site be examined for potential co- location. Public Mobile has advised that they have examined the existing Rogers tower and it is not tall enough to accommodate Public Mobile's equipment and the existing tower is not capable of being extended in height. 1.1 The Proposal The proposed installation is a 29.9 metre monopole communication tower and related ground cabinet. The tower and equipment compound is proposed to be located on the north side of the Highway 401 corridor at the south limit Altona Road and is under the jurisdiction of the Ministry of Transportation (MTO). Public Mobile has secured a lease agreement and has been issued an encroachment permit from the MTO for this installation. The tower and related ground cabinet will be located in a fenced compound measuring approximately 3.0 metres by 8.0 metres. Access to the compound will from a driveway connecting to Altona Road, by easement, from additional lands owned by the MTO (see Applicant's Submitted Plan and Tower Elevation Plan, Attachments #2 and #3). 1.2 Property Description The subject property is designated as "Freeways and Major Utilities — Controlled Access Corridor" in the Official Plan. The subject property currently supports an existing telecommunication tower and compound owned by Rogers Wireless. Report PLN 13 -13 May 6, 2013 Subject: Proposed Telecommunication Tower Installation Page 3 Surrounding land uses include residential uses to the north and west, commercial uses to the east and Highway 401 to the south. The closest residential property, (the residential use at 1312 Altona Road), is approximately 40 metres from the proposed tower. 2. Comments Received 2.1 Required Public Notification has been completed City 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. Based on the proposed 29.9 metre tower height, the installation required notification to 4 adjoining property owners within a 90 metre radius of the base of the tower. The applicant provided written notification to the 4 adjoining property owners. They have confirmed that no public comments were received as a result of the notification process (see Applicant's Summary of Public Consultation, 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 telecommunication tower in this area is the Rogers Wireless tower located directly west of the proposed installation. Public Mobile has confirmed that this existing tower cannot accommodate their equipment nor can it be extended in height to provide the space required. Public Mobile has advised that the proposed installation is suitable for co- location with other carriers and that Wind Mobile has committed to locate their equipment on this new installation. In addition, Public Mobile has made a formal offer to Rogers Wireless offering the opportunity to relocate their equipment on this new tower. Public Mobile has confirmed that Rogers Wireless has not responded to the formal offer as of the date of this report. To persuade the providers to co- locate their equipment on a single tower, staff request that the Committee authorize the Director, City Development to forward a letter to Industry Canada requesting their assistance to encourage Rogers Wireless to relocate their equipment onto the Public Mobile tower to minimize the presence of the telecommunication structures. Report PLN 13 -13 May 6, 2013 Subject: Proposed Telecommunication Tower Installation Page 4 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 #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 #6). Public mobile 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 these proposals, the processing of these applications through this report is not considered contrary to Council's Resolutions. 3. Planning Analysis 3.1 Proposed Tower Location is Acceptable Staff support the proposed location of this telecommunication tower. The proposed tower and equipment compound are sited as close to the north side of the Highway 401 right -of- way as technically feasible. The proposed location of the tower will minimize visual impact on the area as it well screened by existing vegetation to the north and is located next to an existing telecommunication tower. Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impact on the neighbourhood and facilitates the relocation of an existing temporary tower that is not desirable in its current location on 1312 Altona Road. Attachments 1. Location Map 2. Applicant's Submitted Plan - Site Layout 3. Applicant's Submitted Plan - Tower Elevation 4. Applicant's Summary of Public Consultation 5. Council Resolution #102/11 6. Council Resolution #87/11 Report PLN 13 -13 May 6, 2013 Subject: Proposed Telecommunication Tower Installation Page 5 Tyler Barne "S anner — Site Planning Nilesh urti, MCIP, RPP Manager, Development Review & Urban Design TB: jf Approved /Endorsed By: Catherine Rose, MCIP, RPP (Acting) Chief Planner Tho as Mel uk, CIP, RPP Director,_City Devblopment Recommended for the consideration of Pickering City uncil Ai J 1 ?, 2013 Tony Prevedel, P.Eng. Chief Administrative Officer Am.itdlem L--To REPORTIf &A/ 3 m VALLEY GATE o BROOKRIDGE GP�F O ROUGE HILL PARK '� Z CHURCH F D w OF THE O o Q NAZARENE W CD F Q O i Z � C O 1 J KING Sj 0� ATTAwCHMENT# = TO REPOR'TQ'V F �.� �3 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (HIGHWAY 401 ROW) ,X14GS10N ROp,D i 1312 i ALTONA i ROAD / c ------ -------- - - - - -� i — -- - - - - -- i � r -n PROPOSED COMP01 JINf� This map was produced by the City Of Pickering Planning & Development Department, Mapping and Design, APRIL 17, 2013. ATTACHMENT# 3 REPORT# d- A/ /3 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (HIGHWAY 401 ROW) ELEVA'nON PLAN NOT TO SCALE PROPOSED COMPOUND LAYOUT PLAN .......................... : .......... ...... ... .......... .................................... . O .......... .... ... ........ ..................... ....... . ......... .......... ....... ... EXISTING GATE :*. -.*.:.:.:.,..:.:.:.:.:. /�- ......... . .............. EXISTNG CT OM .2 NI &00 PROPOSED EXISTING PUBLIC MOBILE ROGERS WIRELESS CELL TOWER CELL TOWER 29.9m 14.9m VTTJ VJ This map was produced by the City Of Pickering Planning & Development Department, Mapping and Design, APRIL 17, 2013. ATTACH ME NT ig-L —TO REPORT# . PL Al / 3 - /3 C� 30 East Beaver Creek, Suite 104 Richmond Hill, ON, L4B 1 J2 FONTUR Phone: (647) 705 -9714 Email: rob.anderson @fonturinternational.com April -12 -13 Tyler Barnett, (MCIP, RPP) Senior Planner —Site Planning City of Pickering One The Esplanade Pickering, ON K1V 6K7 Public MOBILE° Re: Summary of public consultation for the proposed telecommunication tower located on Altona Road, South of Highway 2 Mr. Barnett, Summary of Public Consultation Under the guidelines established by Industry Canada, the public was invited to comment on the proposed telecommunication tower located on MTO lands adjacent highway 401. The 30 day commenting period was initiated - February 14/2013. All property owners within a radius of the proposed tower equal to 3 times the tower height, as defined by the circulation radius illustrated on the survey, were provided with an information package. This information package was mailed from the FONTUR offices in Richmond Hill, Ontario February 11/2013 (to allow for Canada Post delivery times). As of March 18/2013, no members of the public commented on this facility. Conclusion As the 30 day public comment period has expired (March 18/2013), and that no issues were brought forward by the local residents, Public Mobile is formally notifying the City of Pickering that the public consultation process with respect to this tower has been concluded. Should you have any further questions or concerns pertaining to the consultation process associated with this proposal please do not hesitate to contact the undersigned. 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ATTACHMENT# REPORT# . X04 N /3 / 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 Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote ATTACHMENT# 1__M REPORT# . -1fLN )3 -)3 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 3rd 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 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 this resolution be sent to Dan McTeague, MP for Pickering /Scarborough East, the Honourable Tony Clement, Minister of Industry, and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote