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HomeMy WebLinkAboutPLN 36-21Report to Planning & Development Committee Report Number: PLN 36-21 Date: October 4, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Recommendation: 1. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Rick Johnson Memorial Park (2631P Sapphire Drive), based on the design and location of the proposal; and 2. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Foxtail Green (1088P Foxtail Crescent), based on the design and location of the proposal. Executive Summary: Bell Mobility has submitted 2 separate proposals to construct 20.0-metre high monopole telecommunication towers located on lands owned by the City, at Rick Johnson Memorial Park (2631P Sapphire Drive) and Foxtail Green (1088P Foxtail Crescent) within the Seaton Area (see Air Photo Map, Installation #71, Attachment #1; and Air Photo Map, Installation #72, Attachment #2). On behalf of Bell Mobility, FONTUR International Inc. has completed the public consultation requirements for both proposed towers, in accordance with the City’s Radiocommunication and Broadcasting Antenna System Protocol (‘Cell Tower Protocol’). The City received over 50 written comments in opposition, and 30 residents spoke in objection during the public information session held on March 25, 2021 for the proposed tower at Rick Johnson Memorial Park. Over 100 written comments were received in opposition, and 32 residents spoke in objection during the public information session held on March 18, 2021 for the proposed tower at Foxtail Green. In addition, the City received a petition from area residents in objection to the proposed towers at Rick Johnson Memorial Park and Foxtail Green, which collected over 300 signatures. The key concerns expressed by area residents are outlined in Section 2.3 of this report. City staff have reviewed the proposed installations against the City’s Cell Tower Protocol. The towers are proposed to be located in an urban residential area, adjacent to numerous residential properties, children’s playgrounds and future school sites. There are residential lots immediately to the north, east, south and west of each park. The locations of the proposed towers will have significant visual impacts on the immediate residential property owners. In addition, the parks are located within a new urban area and therefore, do not benefit from having mature vegetation. Considering the height of the proposed towers, the lack of vegetation within the parks, and Rick Johnson Memorial Park and Foxtail Green being central focal points of the neighbourhood, there is little opportunity to mask views of the towers. Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 2 The Durham Catholic District School Board has stated their objection to the proposed tower at Rick Johnson Memorial Park, due to the tower’s close proximity to elementary school-aged children. In addition, Trans-Northern Pipeline has stated that the location of the proposed tower at Foxtail Green poses a direct threat to the safe operation of the pipeline. The proposed towers do not meet the requirements of the City’s Cell Tower Protocol with respect to design and location and will have a significant visual impact on the immediate area. Staff recommends that Bell Mobility be advised that Council objects to the proposed telecommunication towers located at Rick Johnson Memorial Park (2631P Sapphire Drive) and Foxtail Green (1088P Foxtail Crescent), based on the design and other details submitted with the applications. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description Rick Johnson Memorial Park (2631P Sapphire Drive, Installation #71) is located on the west side of Burkholder Drive, south of Kingpeak Crescent and east of Sapphire Drive. The site contains a children’s playground and is adjacent to a future school site to the south (see Air Photo Map, Installation #71, Attachment #1). Foxtail Green (1088P Foxtail Crescent, Installation #72) is located on the southwest corner of Dragonfly Avenue and Sapphire Drive, east of Foxtail Crescent. The site contains a children’s playground and splash pad. The property is adjacent to a Trans-Northern pipeline to the south (see Air Photo Map, Installation #72, Attachment #2). The Pickering Official Plan designates both subject properties as “Urban Residential Areas – Low Density Area”. The lands are zoned Open Space Zone (“OS”) within Zoning By-law 7364/14, as amended by By-law 7857/21. A telecommunication tower is a permitted use under the linear utilities exemption of Zoning By-law 7364/14, as amended. 1.2 Applicant’s Proposals Bell Mobility is proposing a 20.0-metre high monopole telecommunication tower at Rick Johnson Memorial Park. The tower is proposed to be located along the west property boundary, adjacent to Burkholder Drive (see Submitted Site Plan, Installation #71, Attachment #3). Also proposed is a 1.25 square metre equipment cabinet, which contains supporting infrastructure for the tower (see Submitted Rendering, Attachment #5). The proposed access to the tower and cabinet is from Burkholder Drive along the west property boundary. Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 3 Bell Mobility is also proposing a 20.0-metre high monopole telecommunication tower at Foxtail Green. The tower is proposed to be located at the southeast corner of the site, adjacent to Sapphire Drive (see Submitted Site Plan, Installation #72, Attachment #4). Also proposed is a 1.25 square metre equipment cabinet, which contains supporting infrastructure for the tower (see Submitted Rendering, Attachment #5). The proposed access to the tower and cabinet is through an existing asphalt pathway, which connects to Sapphire Drive. 2. Comments Received 2.1 Agency Comments 2.1.1 Region of Durham, Works Department • Applicant to confirm that there are no conflicts with existing or proposed utilities before proceeding with the installation of the communication towers. 2.1.2 Trans-Northern Pipelines Inc. (TNPI) • No objections to the proposed tower at Rick Johnson Memorial Park (Installation #71). • The proposed tower at Foxtail Green (Installation #72) is in close proximity to a Trans-Northern pipeline, which is incompatible with TNPI's safety requirements. The location of the proposed tower poses a direct threat to the safe operation of the pipeline, both from a constructability point of view for cathodic interference, as well as potential damage in the event of a collapse of the proposed tower. • At the very least, the proposed tower must be located a distance equal to or greater than the height of the tower from the Trans-Northern pipeline. • TNPI cannot give consent for activities or installations which may endanger the pipeline or interfere with the operation, inspection or maintenance of the pipeline. 2.1.3 Enbridge Gas Inc. • No objections to the proposed towers at Rick Johnson Memorial Park or Foxtail Green. However, Enbridge Gas Inc. reserves the right to amend their development conditions. 2.1.4 Durham Catholic District School Board • Rick Johnson Memorial Park is located adjacent to a designated school site for the Durham Catholic District School Board. The Board is concerned with having a cellular tower in close proximity to elementary school-aged children. • The Durham Catholic District School Board recommends that no cellular tower be located in the Rick Johnson Memorial Park. 2.1.5 Durham District School Board • The Durham District School Board has a future elementary school site reserved across the street from Rick Johnson Memorial Park, at the northeast corner of Burkholder Drive and Azalea Avenue. Any work to the future proposed cell tower that is completed during school operating hours is to be communicated to the Board and all safety measures must be enforced. Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 4 2.2 City Department Comments 2.2.1 Engineering Services Department If the towers receive approval for the proposed locations at Rick Johnson Memorial Park and Foxtail Green, the following conditions apply: • The applicant will be responsible for all site restoration work in the boulevard and adjacent parkland associated with these installations, completed to the satisfaction of the City of Pickering. • At Foxtail Green, the asphalt path going through the pipeline corridor needs to be added to the Site Plan. • At Foxtail Green, the proposed compound location must be shifted to provide a minimum of 1.0-metre clearance from the asphalt path. One existing deciduous tree located west of the proposed compound will need to be relocated. The final location of this tree needs to be confirmed on-site with the City's Landscape Architect. 2.2.2 Fire Services Department • No objections to the proposed towers at Rick Johnson Memorial Park or Foxtail Green. 2.3 Public Notification has been completed FONTUR International Inc. (‘FONTUR’) has completed the public consultation requirements for each application in accordance with the City’s Cell Tower Protocol. As these proposals are located in an urban residential area, the minimum circulation radius of 150 metres from the tower locations was applied. Two public notice signs were posted at Rick Johnson Memorial Park for Installation #71. The signs were located at the corners of Burkholder Drive and Azalea Avenue, and Sapphire Drive and Azalea Avenue. Two notice signs were also posted at Foxtail Green for Installation #72. The signs were located along Sapphire Drive and at the corner of Dragonfly Avenue and Toffee Street. In partnership with the City, FONTUR hosted two public information sessions, one for each proposed tower. The information session for Installation #71 was held on March 25, 2021, between 7:00 pm and 9:00 pm. The information session for Installation #72 was held on March 18, 2021, between 7:00 pm and 9:00 pm. Those in attendance at the information sessions included representatives of FONTUR, Ward 3 Councillors, City staff, and numerous area residents. The City received over 50 written comments in opposition and 30 residents spoke in objection during the public information session held on March 25, 2021 for the proposed tower at Rick Johnson Memorial Park. Over 100 written comments were received in opposition and 32 residents spoke in objection during the public information session held on March 18, 2021 for the proposed tower at Foxtail Green. In addition, the City received a petition from area residents in objection to the proposed towers at Rick Johnson Memorial Park and Foxtail Green, which collected over 300 signatures. The key concerns expressed by area residents in regards to the proposed towers include: Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 5 • concerned with the health and safety of the proposed cell towers; • concerned with the perceived impacts on property value associated with the proposed cell towers; • concerned with the proposed location of the cell towers in proximity to children’s playgrounds; • concerned with the proposed location of the cell tower at Rick Johnson Memorial Park adjacent to a future school site to the south; • concerned with the proposed location of the cell tower at Foxtail Green adjacent to the Trans-Northern pipeline to the south; • concerned with the height of the cell towers and the design of the equipment cabinets; • concerned with the inconsistency of the location of the cell towers in relation to criteria in the City’s Cell Tower Protocol; and • concerned related to the maintenance of the cell towers. 2.4 Post Notification has not been completed In accordance with Section 9.0 of the City’s Cell Tower Protocol, the applicant must address all applicable concerns received from area residents, make all efforts to resolve them in a mutually acceptable manner and must keep a record of all associated communications. The applicant must provide to the City a package summarizing the results of the public consultation process, which must include the following information: • attendance list and contact information from the public information session; • all written public comments and/or concerns received by the applicant regarding the proposal; • the applicant’s response to the public comments and/or concerns, outlining how the concerns were or will be addressed, or alternatively, by clearly indicating why such concerns are not applicable; and • details of any modifications to the proposal including revised plans and drawings, if applicable. The City has not received a Public Consultation Summary Report, outlining the above-noted information, from the applicant. 3. Assessment of the Proposal against the City’s Cell Tower Protocol The City’s Cell Tower Protocol was established to provide direction for applicants on the location and design of cell towers and provide criteria for staff, in order to assess a proposal. City Development staff have reviewed the proposed cell tower against the location and design criteria of the City’s Cell Tower Protocol (‘the Protocol’). 3.1 The proposal does not maintain the location criteria of the City’s Protocol The Protocol specifies “preferred” and “discouraged” locations for new antenna systems in order to minimize the number of towers and facilities required to service the City and limit the visual impacts of towers on the surrounding area. The Protocol outlines that sites within industrial, commercial, and non-residential, or that maximize the distance from residential Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 6 areas are preferred locations for antenna system installations. Additionally, the use of City-owned lands or facilities where technically feasible, is strongly encouraged. The City discourages the installation of new antenna systems in residential areas, on sites of topographical prominence that would obscure public views, and within environmentally sensitive lands or immediately adjacent to Heritage Properties. The proposed locations of the towers do not meet the City’s preferred location criteria, as they are located within an urban residential area close to existing residential lots, children’s playgrounds and future school sites. The proposed towers are located less than 50 metres from numerous residential lots. Additionally, Foxtail Green is one of the smallest parks within the Seaton Neighbourhood, having an area of approximately 0.35 of a hectare. The small size of the park will result in a tower near the children’s playground and splash pad, and close to existing residential dwellings. 3.2 The proposal does not incorporate the design considerations of the City’s Protocol The Protocol outlines specific design criteria that are required to be maintained to minimize the visual impact of a cell tower system on the surrounding area. The criteria require designs that: • accommodate for future co-location of additional carriers; • utilize stealth techniques such as flagpoles, clock towers, trees and light poles, where appropriate and in harmony with the context of the surrounding area; • utilize monopole towers with antennas shrouded or flush-mounted, particularly when the tower is proposed near a residential area; • are not illuminated, unless required by Transport Canada; and • screen equipment shelters by landscaping in a matter that is compatible and sensitive to the surrounding area. The design recommendations outlined above have not been incorporated into the proposal. The locations of the towers make the use of stealth techniques such as a tree design difficult, as the surrounding area has been recently urbanized, and does not benefit from having mature vegetation. The applicant did indicate to City staff that alternate design techniques or alterations could be considered for the proposed towers. However, considering the height of the proposed towers, the lack of vegetation within the parks, and Rick Johnson Memorial Park and Foxtail Green being central focal points of the neighbourhood, there is little opportunity to mask views of the towers. There are residential lots immediately to the north, east, south and west of each park. The locations of the proposed towers will have significant visual impacts on the immediate residential property owners. 3.3 Co-location and Alternative Locations have been examined The applicant provided justification reports to the City Development Department in support of the towers. The applicant investigated the opportunity to co-locate their equipment in the immediate area. FONTUR advised that there are no existing cell towers that would meet Bell Mobility’s coverage requirements. Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 7 The closest tower to the proposed installations at Rick Johnson Memorial Park and Foxtail Green is approximately 1.1 kilometres away and is operated by Bell. FONTUR confirmed that due to the current capacity of this tower and the type of structure and design, this tower is not available for co-location and does not serve the capacity issues in the proposed areas. Four additional towers were also identified, which are located between 1.7 and 2.1 kilometres away. FONTUR confirmed that due to the distance of these towers from the proposed areas, co-location is not possible to meet Bell Mobility's coverage requirements. FONTUR has confirmed that the proposed towers have been designed to support and accommodate co-location by additional carriers. Following the public consultation process, City staff had a meeting with FONTUR and requested that the applicant explore alternative properties for the proposed towers, which were further from residential dwellings. FONTUR, on behalf of Bell Mobility, has not submitted details of any modifications to the proposals for Installation #71 or Installation #72. 4.Conclusion The proposals have been circulated and reviewed in accordance with the City’s Cell TowerProtocol. Staff recommend that City Council endorse the recommendations in this report asthe installations do not satisfy the requirements of the City’s Cell Tower Protocol with respect to design and location requirements. The towers are located within an urban areathat has numerous residential lots, and based on the design of the tower, will have anegative visual impact on the residents within the immediate area. The Durham CatholicDistrict School Board has stated their objection to the proposed tower at Rick JohnsonMemorial Park, due to the tower’s close proximity to elementary school-aged children. Trans-Northern Pipeline has also stated that the location of the proposed tower at FoxtailGreen poses a direct threat to the safe operation of the pipeline. Attachments: 1.Air Photo Map – Installation #712.Air Photo Map – Installation #723.Submitted Site Plan – Installation #714.Submitted Site Plan – Installation #72 5.Submitted Rendering Report PLN 36-21 October 4, 2021 Subject: Proposed Telecommunication Tower Installations #71 and #72 Page 8 Prepared By: Original Signed By Isabel Lima (Acting) Planner II Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report #PLN 36-21 B urkholderDrive Cameo Street Azalea AvenueSkyridge Boulevard Dashwood Court S a p p h ir e D riveBelcourtStreet Hibiscus DriveT ig e r lily T r a ilDr awstringLa neFa s hi o n La n e Carin a T e r r a c e Ta n gre e n T r a il Cact u s C r e s c e n t Citri n e S t r e e t F lore ntine Place Calip e r L a n eAngora StreetEnch a n t e d C r e s c e n t P urusPathBaltic L a n e Pelican TrailKingpeakCresc entOrenda Street PeterMatthewsDriveSepi a S q u a r e 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Air Photo MapFile:Applicant:Municipal Address: THIS IS NOT A PLAN OF SURVEY. Date: Sep. 13, 2021 Rick JohnsonMemorial Park L:\PLANNING\01-MapFiles\S\CommunicationTowers\Installation# 71 - Fontur International Inc\CT71_AirPhoto.mxd Installation #71 Installation #71Fontur International Inc.Rick Johnson Memorial Park (2631P Sapphire Drive) Future DurhamCatholic DistrictSchool BoardSite Future DurhamDistrict SchoolBoard Site Attachment #2 to Report #PLN 36-21 Sapphire DriveBurkholderDriveCameo Street Belcourt Street Dragonfly Avenue Taunton Road Reflection PlaceToffee StreetSkyridge Boulevard Dashwood Court Fall Harvest CrescentTigerlily Trail Keystone MewsT a n g r e e n Trail Fa s h i o n L an e Silk Street Clipper Lane Elmcreek MewsHollow Oak MewsMoonlight Cresce ntOrenda Street FoxtailCrescent 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Air Photo MapFile:Applicant:Municipal Address: THIS IS NOT A PLAN OF SURVEY. Date: Sep. 13, 2021 L:\PLANNING\01-MapFiles\S\CommunicationTowers\Installation# 72 - Fontur International Inc\CT72_AirPhoto.mxd Installation #72 Installation #72Fontur International Inc.Foxtail Green (1088P Foxtail Crescent) Legend Trans-Northern Pipeline FoxtailGreenPark Attachment #3 to Report #PLN 36-21 L:\Planning\01-MapFiles\S\CommunicationTowers\ August 20, 2021DATE: Applicant: Municipal Address: File No: Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department Installation #71 Rick Johnson Memorial Park (2631P Sapphire Drive) Fontur International Inc. Installation #71 Attachment #4 to Report #PLN 36-21 L:\Planning\01-MapFiles\S\CommunicationTowers\ August 20, 2021DATE: Applicant: Municipal Address: File No: Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department Installation #72 Foxtail Green (1088P Foxtail Crescent) Fontur International Inc. Installation #72 Attachment #5 to Report #PLN 36-21 Submitted Elevation Plan City Development Department Sept. 8, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Installation #71 & #72 Fontur International Inc.Applicant: DATE: File No: L:\Planning\01-MapFiles\S\CommunicationTowers\