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HomeMy WebLinkAboutSeptember 6, 2011 Planning & Development Committee Agenda _ Tuesday September 6, 2011 PICKERING Council Chambers 7:30 pm Chair: Councillor Ashe Part "A" Pages Planning Information Meeting Information Report No. 15-11 1-8 Subject: Zoning Amendment Application A 11/11 Jodee Truck Leasing Ltd. 2580 Brock Road (Part of Lot 10, Plan 585), City of Pickering Information Report No. 16-11 9-16 Subject: 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 Information Report No. 17-11 17 - 23 Subject: Zoning By-law Amendment Application A 7/11 Loblaw Properties Limited .1792 Liverpool Road (Part Lot 23, Concession 1 South), City of Pickering Part "B" Planning & Development Reports 1. Director, Planning & Development, Report PD 24-11 24 - 65 Proposed Wireless Cell Tower Installation Turris Sites Inc. on behalf of Wind Mobile 3735 Sideline 16, City of Pickering Accessible For information related to accessibility requirements please contact Linda Roberts PICKERLNPhone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobertse..citvofpickerina.com C--ttq o0 Planning & Development Committee Agenda Tuesday, September 6, 2011 PI CKERING Council Chambers 7:30 pm Chair: Councillor Ashe Recommendation That Turris Sites Inc. be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 3735 Sideline 16 for Wind Mobile, based on the design and other details submitted with this request. 2. Director, Planning & Development, Report PD 25-11 66 - 92 Proposed Wireless Cell Tower Installation Summit Telecom Services on behalf of Rogers Communications Inc. 882 Kingston Road, City of Pickering Recommendation That Summit Telecom Services be advised that City Council has no objection to the proposed 30 metre high cell tower installation at 882 Kingston Road for Rogers Communications Inc., based on the stealth design and other details submitted with the request. 3. Director, Planning & Development, Report PD 26-11 93 - 133 Proposed Wireless Cell Tower Installation Public Mobile Lease of Country Lane Road Allowance (South limit of Country Lane, between Highway 7 and Highway 407, Lots 20 and 21, Concession 5), City of Pickering Recommendation 1. That the Mayor and the Clerk be authorized to execute a lease agreement with Public Mobile substantially on the terms set out in Report PD 26-11, and to the satisfaction of the Director, Corporate Services and Treasurer and the City Solicitor; 2. That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation within the Country Lane road allowance (being part of Lots 20 and 21, Concession 5), based on the design and other details submitted with this request; and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. Cirq oo Planning & Development Committee Agenda OWAM Tuesday, September 6, 2011 PICKERING Council Chambers 7:30 pm Chair: Councillor Ashe 4. Director, Planning & Development, Report PD 27-11 134 - 166 Proposed Wireless Cell Tower Installation Wind Mobile/Globalive 2465 Brock Road (South Part of Lot 18, Concession 3), City of Pickering Recommendation That Wind Mobile/Globalive be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 2465 Brock Road based on the design and other details submitted with this request. 5. Director, Planning & Development, Report PD 28-11 167 - 199 Zoning Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part of Lot 12, Plan 282) City of Pickering Recommendation 1. That Zoning Amendment Application A 5/11 submitted by Grant Morris and Associates Ltd. on behalf of the Estate of Paul Pickard, to permit the creation of lots with a minimum frontage of 12.0 metres fronting Pine Grove Avenue on lands being Part of Lot 12, Plan 282, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 5/11, as set out in Appendix I to Report PD 28-11, be finalized and forwarded to City Council for enactment. (II) Other Business (III) Adjournment C`tq Information Report Report Number: 15-11 DICKERING For Public Information Meeting of Date: September 6, 2011 01 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Zoning Amendment Application A 11/11 Jodee Truck Leasing Ltd. 2580 Brock Road (Part of Lot 10, Plan 585) City of Pickering 1.0 Property Location and Description • the subject lands are located at the northwest corner of Brock Road and Dersan Street in the Duffin Heights Neighbourhood and are approximately 1.0 hectare in area (see Location Map - Attachment #1) ' • the subject lands are currently occupied by a dwelling, and 3 storage buildings/garages; a number of trucks and construction machinery are also stored on the site • surrounding land uses include: north - Devi Mandir Hindu Cultural Centre south - vacant lands (former residential lots) across Dersan Street west - Regional water booster pumping station, proposed local road and tableland forest east - Mattamy sales centre, golf course and vacant lands across Brock Road 2.0 Applicant's Proposal • the applicant is proposing to amend the zoning by-law to permit a four to six storey, 8,028 square metre building containing office, retail and restaurant/banquet facilities uses (see Applicant's Submitted Plan and Elevation Plan - Attachments #2 & #3) • driveway access is proposed from Dersan Street • surface and underground parking is to be located to the west of the proposed building 3.0 Official Plan and Zoning 3.1 Durham Regional Official Plan • the Regional Plan designates the subject property "Regional Corridor" and "Living Area" • "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 i Information Report No. 15-11 Page 2 02 • 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 3.2 Pickering Official Plan • the subject lands are within the Duffin Heights Neighbourhood of the Official Plan and are designated "Mixed-Use Areas - Mixed Corridors" • the "Mixed Corridor" designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community • the designation provides for a range of commercial uses and residential development at a density of over 30 units up to and including 140 units per net hectare to a maximum floor space index (FSI) of 2.5 • the Duffin Heights Neighbourhood policies for the Mixed Corridor designation require new development to provide a strong -and identifiable urban image by establishing buildings closer to the street, providing safe and convenient pedestrian access, and requiring all buildings to be multi-storey • Schedule II - Transportation Systems designates Brock Road where it abuts the subject lands as a "Type A - Arterial Road" and a "Transit Spine" and designates Dersan Street as a "Collector Road" • Transit Spines are recognized corridors where higher level of transit service is to be encouraged • the application will be assessed against the policies and provisions of the Pickering Official Plan during further processing of the application 3.3 Duffin Heights Neighbourhood Development Guidelines • the approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood • the subject property is delineated as Brock Road Streetscape on the Tertiary Plan which encourages higher density, higher multi-storey and mixed use buildings with a high level of architectural quality • the Brock Road/Dersan Street intersection is identified as a focal point, which requires the creation of prominent images through the use of appropriate building heights, massing, architectural'features and landscaping; buildings should have a minimum four storey massing at corners 3.4 Zoning By-law 3037 • the subject lands are currently zoned "A"- Rural Agricultural, by Zoning By-law 3037, which permits a variety of agriculture related uses • an amendment to the zoning by-law is required to allow the development of the proposed retail, office and restaurant uses Information Report No. 15-11 Page 3 3 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments none received to date 4.3 City 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: • compliance with the Official Plan and the Duffin Heights Neighbourhood Development Guidelines • verification that hydro easement restrictions do not have implications for the proposal • the identification of potential site plan/design concerns including massing, height, fire access, parking, ingress/egress, pedestrian accessibility, amenity spaces, and landscaped areas and features • potential for shared parking for the Devi Mandir Hindu Cultural Centre • evaluation of proposed sustainable development components 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 an oral submission at the public meeting, or make written submissions to the City of Pickering before the proposed zoning by-law is approved or refused, the Ontario Municipal Board may dismiss the appeal Information Report No. 15-11 Page 4 04 6.0 Other Information 6.1 Appendix No. • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report 6.2 Information Received • in addition to the full-scale copies of the applicant's submitted plans, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: • Planning Rationale Report • Sustainability Report • Parking Justification Report Site Screening Questionnaire • Phase I and Limited Scope Phase II Environmental Site Assessment 6.3 Company Principal • the owners of the property are Jodee Truck Leasing Ltd. • Vishnu Sookar, Universal Group is the applicant ~ A c Isa a S, MCIP, RPP Marg Wouters, MCIP, RPP Plan r II Manager, Development Review & Urban Design IJ:Id Attachments Copy: Director, Planning & Development Appendix No. I to Information Report No. 15-11 05 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) none received to date Commenting City Departments (1) none received to date ATTACHMENT 6-1-70 :YFORMAPON, REP=#, 06 Q TRIS 0 DRIVE w LAN z PA Q ~ ° z cn ° z o HAYDE LANE z J Y H Q 7 INDU CULTURAL C NTR LLOW a J J_ LIATRIS DRIVE DERSAN STREET SUBJECT PROPERTY Y U O m OL, City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part of Lot 10, Plan 585 07\ OWNER Jodee Truck Leasing Ltd. DATE . Aug 3, 2011 DRAWN BY JB FILE No. A11/11 SCALE 1:5,000 CHECKED BY IJ H a a ouree•: e Terenet EntsrpN•a• Ine. nd 74• .uppller.. All rtght• Ra.erv•d. Not, plan of .urv.y. PN-15 e 2005 MPAC and Its • Item. All rl ht• Re.erved. Not . Ian of Surve . A>TTACWENT ? m INFORMAMONREPORM Information Compiled from Applicant's 07 Submitted Plan A 11/11 Jodee Truck Leasing Limited • i n I.- a o - 'o - p PART 3 LAN 40R-2633 I , 4 -117 -1 _R 1TTI_'TM,- v 1) 1P T2, 40-63 Q r I O Q i _ g I V r vl I - - I CO a I / o I LEI= DERSAN STREET 1V' This map was produced by the City of Pickering Planning 8 Development Department, Planning Information Services Mapping and Design, August 3, 2011. ATTACHME14T#.._., N"."M REPORT Information Compiled from Applicant's 08 Submitted Plan A 11/11 Jodee Truck Leasing Limited 25,140 BROCK ROAD JODEE COMMERCIAL CCNiRE i I ! 'I u i i T P, DESRSAN STREET ELEVATION SOUTH ELEVATION i II I~ _ - - - I ! F T I I I NORTH ELEVATION i I a • I, i BROCK ROAD ELEVATION WEST ELEVATION EAST ELEVATION This map was produced by the City of Pickering Planning 8 Development Department, Planning Information Services Mapping and Design, August 3, 2011. - Information Report Report Number: 16-11 For Public Information Meeting of I CKERI Date: September 6, 2011 . Qa In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA3 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 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. 16-11 Page 2 ~n 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 Page 3 11 • 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 12 • 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 0 Functional and Site Servicing Study 13 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 'VUIW _,w t leYe Marg Wouters, MCIP, RPP ner Manager, Development Review & Urban Design AY: jf Attachments Copy: Director, Planning & Development 14 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 An roi L.ro INFOMAUUN REPORT 1 PICKERING I ISLAMIC CENTRE 1 I 1 1 I 1 CRESCENT m W ° J m C FINCH AVENUE a ROAD DURHA REGION .4L POLICE DIVISIO DoT GS o W PE ° 0 > W > ((~~n-. ° o cn = W N ° a W 0 Z ° m Z D M DRIVE BAINBRIDGE J Z W W U a COURT Ch IrC ~ Lai U W LJ m > K ° 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 ourcu• aTeranet Ent•rprl••• Inc. and It* •u plies. All rights Reserved. Not a plan of survey. PN.9 2005 MPAC and IL • Ilan. All rL hb R•••rvetl. Not a Ian o! Surv ATTT#-TO 6 Information Compiled from Applicant's Submitted Plan A 9/11 Long Holdings Inc. KINGSTON ROAD i ~~rt aa.u. - « ns~- ®Nw . 41.0 o'° , - - . Ha. W. 20 0 - 0 0 00 0 0 000000000 • o ~ CM„ _7 -1 2 MAP of 0 y ExImR CIXIGETE ETL= L, k METAL CLAP O r A BNiIDiNG ,cv prt su, ewrtx I ~ 4X'• ~ I Q a 000 0 ° 10 13 Q II o V - 4e ❑ I _ or=oooo ors-oor~o~oo i v` .o 60.9 i i i This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, July 28, 2011. Information Report Report Number: 17-11 For Public Information Meeting of PICKERING Date: September 6, 2011 17 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Zoning Amendment Application A 7/11 Loblaw Properties Limited 1792 Liverpool Road (Part Lot 23, Concession 1 South) City of Pickering 1.0 Property Location and Description • the subject property is generally located behind the southwest corner of . Kingston Road and Liverpool Road with an area of approximately 4.7 hectares (see Location Map - Attachment #1) • the property is occupied by a 14,964 square metre commercial complex consisting of a variety of retail stores, with the major.anchor being Loblaw's Superstore • Loblaw's is permitted to operate a seasonal garden centre with a maximum area of 1,055 square metres in the western portion of the parking lot, from April 1St to August 31St of every calendar year, through a Committee of Adjustment decision in 2005 • the surrounding land uses include: north - a commercial plaza and Kingston Road west - vacant land containing an open channel of Pine Creek south - vacant land owned by the Provincial government east - Liverpool Road, a commercial plaza and restaurant uses 2.0 Applicant's Proposal . • the applicant has requested to amend the zoning by-law to permit ,a seasonal garden centre use of 1,583 square metres located in the centre of the parking lot (see Applicant's Submitted Plan - Attachment #2) • the proposed seasonal garden centre would be in operation annually between April 1St and August 31s, and would occupy 84 parking spaces • no exterior changes to the existing buildings are proposed Information Report No. 17-11 Page 2 3.0 Official Plan and Zoning 3.1 Pickering Official Plan • the City of Pickering Official Plan designates the subject lands as "Mixed Use Areas - Mixed Corridors" within the Town Centre Neighbourhood permissible uses include, among others, retailing of goods and services, residential uses and community and cultural uses as well as limited office commercial uses • these areas. are intended to have the widest variety of uses and highest levels of activities in the City • Schedule II - "Transportation System" designates Kingston Road and Liverpool Road as "Type B - Arterial Roads" 3.2 Pickering Downtown Core and Kingston Road Development Guidelines • the subject property is subject to the Pickering Downtown Core and Kingston Road Corridor Development Guidelines • objectives include: • creating a regional landmark and destination area • establishing the highest intensity of cultural, residential and economic activity, and the greatest density and diversity of land use mix • encouraging pedestrian activity along Kingston Road 3.3 Zoning By-law 3036 as amended by 1608183 • the subject property is currently zoned "C7" - General Commercial • the existing zoning permits 1,055 square metres of outdoor storage associated with a garden centre use from April 1St to June 30th of every calendar year to be located in the western portion of the parking lot • an amendment to the zoning by-law is required to permit a seasonal garden centre of 1,583 square metres to be located in the centre of the parking lot, and to permit a reduction in the parking supply during the operation of the seasonal garden centre 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 Information Report No. 17-11 Page 3 9 4.4 Staff Comments • in reviewing the application to date, the following matters have been identified. by staff for further review and consideration: • ensuring that the proposed application complies with the Pickering Downtown Core Development Guidelines and the Kingston Road Corridor Urban Design Development Guidelines • determining the appropriateness of the proposed seasonal garden centre size and location, and temporary parking supply reduction • reviewing the application in terms,of its level of sustainable development components • site plan matters, including, but not limited to, parking, vehicle and pedestrian movements, and landscaped areas and features 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 wish 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 wish 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 zoning by-law amendment 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 v l--' X11 f'1~ G W' O UC3UU-AA Mila Yeung Marg W ters, MCIP, RPP Planner I Manager, Development Review & Urban Design MY:ld Attachments Copy: Director, Planning & Development Information Report No. 17-11 Page 4 20 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 Justification Letter • Sustainable Development Report • Parking Study 6.3 Company Principal • the owner of the property is Loblaw Properties Limited • the applicant is Zelinka Priamo Ltd. i Mila Yeung Marg Wedters, MCIP, RPP Planner I Manager, Development Review & Urban Design MY:ld Attachments Copy: Director, Planning & Development Appendix No. I to Information Report No. 17-11 21 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) none received to date Commenting City Departments (1) none received to date ATTACHMMS T...." 17- I 2 2 INFfaRMA`'If1Al REM 0...~..~..~..s. p J I W ~ W W of W LLJ a J O PO M zU o p O C~ (n O M w IL J z J U w J U GRF.S 9'PCO~~E S~pRR\~G~pN 0 pp0 O\4 \4-\\AGS SUBJECT J PROPERTY 0 a w w J p\G Apt GO TRANSIT STATION STREET BAYLY STREET City of Pickering Planning & Development Department PROPERTY DESCRIPTION South Part of Lot 23, Concession 1 07\ OWNER Loblaw Properties Ltd. DATE July 26, 2011 DRAWN BY JB FILE No. A 07/11 SCALE 1:5,000 CHECKED BY RP H ee < Teronet Enterprises Inc. and its •uPpliens. All rl0ht• Reserved. Not c plan o! survey. PN'6 c 2005 MPAC and Its • II•rs. All r ht• Re••rv•d. Not c Ian o! Surv• . INFORMATION REPS 23 Information Compiled from Applicant's Submitted Plan A 07/11 Loblaw Properties Limited P~ To permit a 1583 square O , metre temporary garden centre to operate from April 1 to August 31 of every calendar year r` h, . ° EXISTING i . EXISTING . RETAIL EXIS N RETAI a..o. v. AR 23 CONC£bO t - EXISTING - RETAIL A _ ~ow This map was produced by the City of Pickering Planning 8 Development Department, Planning Information Services Mapping and Design. July 26, 2011. Report To ' Planning & Development Committee PICKERING Report Number: PD 24-11 24 Date: September 6, 2011 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Turris Sites Inc. on behalf of Wind Mobile 3735 Sideline 16 City of Pickering Recommendation: 1. That Turris Sites Inc. be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 3735 Sideline 16 for Wind Mobile, based on the design and other details submitted with this request. Executive Summary: In March 2011, Turris Sites Inc. submitted a proposal to construct a 40 metre high tri-pole lattice cell tower for Wind Mobile at 3735 Sideline 16. The site currently supports a temporary 15 metre high monopole which did not require prior consultation. The temporary installation currently occupies the same general area where the permanent installation is proposed to be placed. Since the submission of the initial proposal, the applicant has completed the public consultation process, in accordance with Industry Canada's requirements. The applicant has advised that one public comment in objection to the proposed installation was received. The applicant has provided a copy of their response 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 with an existing tower in the immediate area. In view of the public consultation and Council engagement associated with this proposal, and as the proposed installation is not in a residential area, the processing of this application through this report is not considered contrary to Council's recent resolutions respecting cell towers. It is recommended that the applicant be advised that City Council has no objection to the proposed cell tower at 3735 Sideline 16, based on the design and details submitted with this 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 24-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 25 1.0 Background: In March 2011, Turris Sites Inc., on behalf of Wind Mobile, submitted a proposal to the City for a 40 metre high tri-pole lattice cell tower on the Dutchmaster Nurseries property, municipally known as 3735 Sideline 16 east of Brougham (see Location Map - Attachment #1). 1.1 The Proposal The proposed installation is a 40 metre high tri-pole lattice communication tower and related ground cabinet. The tower is proposed to be located in the northern field portion of the property, setback approximately 15 metres from Sideline 16. The base of the proposed tower is approximately 1.8 metres wide. The ground cabinet, which houses the radio equipment, is located at the base of the tower. The tower and ground cabinets will be located in a fenced compound measuring approximately 10.0 metres by 10.0 metres: The applicant has indicated that the antennas will be mounted tight to the tower rather than on the more typical 'pin-wheel' mount which can have arms extending upwards of 3 metres from the tower, in order to minimize visual impact (see Applicant's Submitted Plan - Attachments #2 and #3). Access to the tower and compound will be from an existing driveway on Sideline 16. A photo simulation of the proposed installation has been provided to illustrate the design of the tower and its visual impact on the area (see Applicant's Site Selection and Public Consultation Package - Attachment #4). 1.2 Property Description The lands known as 3735 Sideline 16 are designated Agricultural Area and Open Space System - Natural Areas in the City's Official Plan and zoned `A' - Agricultural Zone in By-law 3037. The Dutchmasters Nurseries property consists of large field areas as well as a number of buildings and greenhouses associated with the nursery. A single detached house also occupies the property. Surrounding uses include lands owned by the federal government to the west across Sideline 16, a number of large (10 acre) lots immediately to the north on Sideline 16, Highway 7 to the south and agricultural uses to the east. The applicant has indicated that the closest residential property, also owned by the landlord, is located on the east of Sideline 16 approximately 110 metres to the north of the proposed tower site. Report PD 24-11 September 6, 201.1 2 object: Proposed Wireless Cell Tower Installation Page 3 6 .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's requirements as outlined in Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunications and Broadcasting Antenna Systems". 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 the local community newspaper circulating in the area. Based on the proposed 40 metre tower height, the proposed installation required notification to four adjoining property owners within a 120 metre radius of the base of the tower. The applicant has indicated that they have provided written notification to the four adjoining property owners and placed a notice of the proposed installation in the April 14, 2011 edition of the News Advertiser (see Applicant's Site Selection and Public Consultation Report - Attachment #4). The applicant confirmed that one public comment was received as a result of the public notification process. The residents of 4360 Sideline 12 submitted a letter in objection to the proposed installation. The concerns raised in the letter were specifically related to the number of cell towers in the area, suggesting that this installation be located on one of the existing towers and that no further installations should be supported. The applicant has provided responses to the residents stating that the existing cell towers were not viable alternatives for their required service area, and that the proposed installation would have capacity to accommodate up to three additional carriers (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 applicant has examined.the existing towers in the immediate area and has advised that the existing towers located at Brock Road and Highway 7 and another at North Road and Highway 407 are both outside of the area that Wind Mobile is endeavouring to service. They also advised that the proposed installation is being designed to accommodate additional carriers. Report PD 24-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 27 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 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 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). Currently, municipal and public notification of towers under 15 metres is not required. 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 the proposed installation is not in 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 located in the rural area away from residential areas. The tower is to be set back approximately 15 metres from Sideline 16, and will be screened to some extent by existing trees along Sideline 16. The location of the tower also avoids the natural features in the southern portion of the property. Staff recommend that City Council approve the recommendation in this repor t as the proposed installation has minimal visual impacts to the area, is not located in proximity to incompatible or sensitive land uses and is located with appropriate setbacks from Sideline 16. 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 24-11 September 6, 2011 eject: Proposed Wireless Cell Tower Installation Page 5 Prepared By: Approved/Endorsed By: Tyler Barnett Neil Carro , 45;RPP Senior Planner - Site Planning. Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB:Id Copy: Chief Administrative Officer Recommended for the consideration of Pickering vity~ ouncil 23, 20 C Tony Preve .Eng. Chief Administrative Officer ATTAM.77FI T TO r--°vRT # I'D 2 29 w Z J W N APPROXIMATE LOCATION OF CELL TOWER (40.Om HIGH) cv / w z W / W S BJECT i PR PERTY BR G G TUE., r / BRO( GHW . uwnr / / City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 6 Pt Lot 16, RP 40R-5276 Part 1, 07\ OWNER H. Tillaart DATE Aug. 3, 2011 DRAWN BY JB / • FILE No. Proposed Cell Tower - Sideline 16 - Wind Mobile SCALE 1:10,000 CHECKED BY TB a to ouroo• 2003 MPAC a^d„It.l,u ~I n /JI uii hta RN~rvid. Netoa*ryl n of Not Surv~a^ of PN-RUR 1*7 ATTACHMENT#.P-TO REPORT# PI) a :L- 30 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN WIND MOBILE INSTALLATION (3735 SIDELINE 16) 1 D N o 0 = ~ I I V O O No Of L b 0% z y4a N7211'50"E 0.00 w 3° z ~ z z W _ g e i ep O~ ~ ~ Oco e ~ j O 00 t~ OO tDif V) 14.8 N72'71'50"E 10.00 3 e ~ O ~ O ~ Cn ~ cam,, v 0 D m 0 O DO 0 3 °>m ~ZZ0 a iV THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, AUGUST 4, 2011. ATTACHMENT # 3 TO REPORT # PD ZLI -1~~ INFORMATION COMPILED FROM APPLICANT'S 31 SUBMITTED PLAN WIND MOBILE INSTALLATION (3735 SIDELINE 16) fr ' 4 ,f 1 i o g~g 1 1 - . f~ ~F••"9 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, AUGUST 4, 2011. ATTACHMENT # TO PUORI # PD 2~= I I.___o 70 Todd Road P. +1905 877 8885 URBID Georgetown, Ontario F.+ 877 8835 3 2 T L7G 4R7 CANADA June 17, 2011 ~`),EIV E JUN 2 z 20111 Tyler Barnett CITY OF,ICKFglll0 Senior Planner PLANNING & DEVELOPMENT Planning & Development Department DEPARTMENT City of Pickering One The Esplanade Pickering, ON L1 V 6K7 Dear Tyler, Re: Proposed Telecommunication Towers - Public. Consultation 347-351 Finch Ave & 3735 Sixteenth Sideline We are pleased to report that the public consultation for these proposals is now complete. The public consultation for both proposals was conducted concurrently. As required by the City's protocol and the addresses provided, we circulated the attached information packages and cover letters to the addresses provided by the City of Pickering. The distribution of the packages was timed to match the publication of the required notice in the local newspaper. Copies of the packages and newspaper notice are included in Appendix A for your reference. Key Dates: • Mailing date of original package: April 14, 2011 • Combined notice in News Advertiser: April 14, 2011 • End of 30 day period: May 15, 2011 We received the following two inquiries (copies included as Appendix B): Resident Initial Initial Response Final Reply Issue Summary Inquiry Reply Rec'd from Sent to Rec'd Sent to Resident Resident Resident Jocelyn Barber May 6 May 16 None. n/a Existing towers, natural areas, 450 Finch Ave proximity to adjacent home, area develo ment Wendy & Gordon April 15 April 25 May 3 via May 16 Lack of high speed Internet Duncan Email No new towers 4360 Sideline 12 Mrs. Barber lives in near the Finch Ave site and her comments were focused on that proposal. The Duncan's live over 3km from the Finch site and significantly further from the Sixteenth Sideline proposal. Turris Sites Inc, www•turris group.com ATTACHMENT # T TO 3 3 REPORT # PD - 9- vdd Road P; +19058778885 Georgetown, Ontario F•• +1905 877 8835 L7G 4R7 CANADA We have not received any final comments from either party within the 21 day period which ended on June 7, 2011 nor since. As such, we believe this completes the submission requirements for this proposal and look forward to receiving the City's concurrence. Should you require any additional information, please contact me at 416-937-3500 or email at david.hahn@turris-group.com Yours truly, David Hahn Municipal Affairs Consultant Attachment. i i Turris Sites Inc, www. turris group•coin 3 4 ATTACHMENT # ? TO REPOR? # PD-2N-~p_.ToddRoad P: +1905 877 8885 Georgetown, Ontario F• +1 905 877 8835 L7G 4R7 CANADA Appendix A Turris Sites Inc. wwmturris group.com ATTACHMENT #L+ • TO REPORT # PQ---- 1 70 Todd Road P; +19058778885 unnio Georgetown, Ontario A +1 9058778$35, L7G 4R7 CANADA iJ J April 14, 2011 Dear Sir / Madam: Re: Consultation on Proposed Telecommunication Tower 3735 16th Sideline, Brougham The use of wireless services in Canada continues to grow. Long gone are the days of the comparatively simple analog cell phones which have been replaced at an increasingly growing rate with advanced digital smart phones such as the Blackberry and iPhone. Meeting the coverage and capacity demands of consumers of these services is a continual challenge faced by the service providers. To provide effective service, the carriers develop extensive networks comprised of antenna sites located on rooftops, other structures, and as a last resort towers. Turris Sites Inc, representing WIND Mobile, has been working with the City of Pickering in regard to the installation of a multi-tenant tripole tower at 3735 16th Sideline. A key component of the process is to solicit comment from adjacent property owners. We have attached a package to this letter providing details about the site selection process, availability of existing telecommunication infrastructure as well as our proposed installation. Should you have any comments or questions about the proposal, please direct them to me on the comment form contained at the end of the attached information package by May 15, 2011 and we will respond promptly. We appreciate your consideration of this information and thank you for your time. Yours truly, I ! _ f David Hahn, P. Eng, Municipal Affairs Consultant Turris Sites Inc. Turris Sites Inc, www, turris group, com 3 6 ATTACHV''ENT TO REF'URT # PD-1---°-° Public Consultation - Wireless. Telecommunications Tower Site 3735 16th Sideline, Brougham April 2011 Tuuu►s Turris Sites Inc. 70 Todd Road Georgetown, ON L7G 4117 ATTACHMENT # ~ TO REPORT # PD LI-11 Z Table of Contents A. Background Information 3 B. Purpose of this Proposal 4 C. Proposed Site Location 8 D. Proposed Tower 9 E. Regulations I. Health Canada's Safety Code 6 Attestation 13 II. Control of Public Access 13 III. Canadian Environmental Assessment Act 13 IV. Description of Proposed System 13 V. -Transport Canada's Aeronautical Obstruction 14 Marking Requirements VI. Engineering Practices 14 VII. Local Land Use Requirements 14 VIII. Industry Canada's Spectrum Management 15 F. Contact Information 16 G. Public Comment Submission 17 2 3 8 ATTAGHIVENT TO REPORT # PD A. Background Information The use of wireless services in Canada continues to grow. Long gone are the days of the comparatively simple analog cell phone which has been replaced at an increasingly growing rate with advanced digital smart phones such as the Blackberry and iPhone. Meeting the coverage and capacity demands of consumers is a continual challenge faced by the service providers. To provide effective service, the carriers develop extensive networks comprised of antenna sites located on rooftops, other existing structures, and as a last resort towers. In 2008, Industry Canada awarded licenses to three new carriers to address the lack of wireless competition in Canada. As a result of lagging competition, Canada ranks last in wireless penetration amongst 22 developed countries. Canada's penetration rate sits at 65 per cent, well below the United States at 90 per cent and many European and Asian countries-at well over 100 per cent. The lack of competition has also resulted in Canadians paying double what Americans pay per minute and using half as many minutes per month (Merrill Lynch). Globalive received one of the new licenses in 2008 and the company is providing voice, text and data services to Canadians under the brand WIND ("Wind") Mobile on a next-generation wireless network and is committed to offering a level of wireless service presently not available in Canada. This location is part of the second phase of the deployment of the state-of-the-art GSM network in southern Ontario. The.operation and development of telecommunication services and antenna sites in Canada are regulated by the federal government through Industry Canada which encourages the site sharing and the construction of multi-tenant facilities. Turris Sites Inc. is an independent manufacturer and developer of telecommunications infrastructure specifically designed to house several radiocommunications providers at each facility. The facility at 3735 16th Sideline, Brougham will initially service WIND but has also been specially designed with additional capacity to support multiple tenants and possibly more in the future and will be actively marketed to other wireless carriers. These carriers include the 3 ATTACHMENT TO REPOR? # PD---y-I 39 incumbent carriers: Bell, TELUS and Rogers and the new entrants: WIND Mobile, Public Mobile and Mobilicity. Turris' accommodation for all the telecommunication carriers in Canada will ultimately reduce the number of required towers. B. Purpose of this Proposal As part of Wind's expansion of their network in Brougham / Pickering, the need for a site in this area was identified. The preferred location of site is determined by several key factors such as: location of the adjacent sites, topography of the area, coverage requirements for highways and arterial roads, and uses (residential or industrial) in the coverage area. A search for a suitable location is then conducted within this defined area for existing towers or other infrastructure to attach the transmission and reception antennas. As mentioned above, it is always preferable to locate on an existing structure. In this particular case, according to the Industry Canada database, no telecom facilities adjacent to the proposed new tower exist. The closest adjacent site is 1.5 km away which, unfortunately, is too far beyond the engineering requirement for this facility, and as such was discounted as a viable alternative. Figure 1.0 shows the relationship between the proposed site and the adjacent sites utilized by Bell and Rogers. 4 40 Figure 1.0: Existing Infrastructure in the Area kt `I' ,s .r yet t , 3 - 's'ue--. - - ~ 14 The yellow circles represent the approximate location of each site. There are two existing telecom facilities adjacent to the proposed site but are not within the search radius as seen above. WIND is required to locate within the radius to provide the appropriate coverage and a contiguous network. 5 4'. 1 i- n Figure 1.1a & Figure 1.1b: Existing Rogers Site (Not within WIND's Search Radius) r 1 WIND has considered this facility and discounted its viability for the following reasons: 1. From an engineering perspective, this tower is located beyond the boundaries of WIND's search parameters. This location on WIND's engineering grid, would greatly compromise their ability to creating and maintaining contiguous network coverage. 2. The aperture required to accommodate WIND's antennas at the height of 40m is presently occupied. It is essential for WIND's antenna to be located at this height; otherwise their network coverage would be severely compromised. 6 - 4 Figure 1.2a & Figure 1.2b: Existing Bell Site (Not within WIND's Search Radius) I w T - .r WIND has considered this facility and discounted its viability for the following reason: 1. From an engineering perspective, this tower is located beyond the boundaries of WIND's search parameters. This location on WIND's engineering grid, would greatly compromise their ability to creating and maintaining contiguous network coverage. Given the lack of existing infrastructure and suitable rooftops in the immediate vicinity of this proposed site is the reason WIND and Turris are proposing the construction of a monopole at this location capable of supporting multiple carriers. 7 J 45 C. Proposed Site Location - 3735 16t° Sideline, Brougham This proposed site is critical to the development of WIND's state-of-the-art wireless communication network. Not only does this facility need to be placed as per the overall grid layout, it is a crucial component to providing consistent coverage to the immediate area and also to Highway 407 / Highway 7 and the major arterial roads- Concession Road 7 and Brock Rd. The proposed facility is located at the western section of a farmland property on the east side of 16th Sideline as seen in Figure 2.0. The geographical coordinates of the proposed site are: 43 deg 55 min 46.1 sec N 79 deg 5 min 54.3 sec W Figure 2.0: Proposed Site Location r r f rr t TVs " '4W No li It- X_~ lit, r~ ~ M . 1T 13 8 ATTACHi~16ENT # TO 44 REPORT # PD? -L --U The property itself is a large farmland surrounded by more rural area. The proposed tower will be tucked in behind the trees minimizing the exposure to the base and the carrier's radio equipment. The nearest residential area is 110m away from the proposed site on the on the east side of 16th Sideline and will not be adversely impacted by the installation of this tower. The sharing of this tower is integral to Turris' business. model and as such, the incumbent and new entrants will be notified of the development. of this tower. Public Mobile, one of the new entrants, has already expressed interest in locating on this tower. D. Proposed Tower - 40m Tripole Through discussion with the City of Pickering, WIND and Turris have agreed to install a tripole. The proposed tower will be 40m tall. Turris has designed this tower to support multiple sets of antennas enabling it to accommodate additional carriers - reducing the number of towers overall - while providing a minimal visual intrusion. Figure 3.0 shows a sample profile of the proposed tower. ~I 9 A I ACK ANT # ~L4 TO 4 5 R.Eroa? # PD_Uy=►.1__ Figure 3.0: Sample Profile of Proposed Tower UESI744 S°ECIFI=ATIOW CS--SJ-:j WINt PRESSURES 45u F. N:.1'ISL I:: E: ANTERNA LOACCIG ARE I✓?MU.N-E FA:TOR SAO r.ECC :TmY - Marv r -av-cvr: - par. -iESVIrEsMLIT° FACTOe' r,?n ,z 1 ,z ?l 2 ,aaa T 2'_La~ 10 II :aDR---X-QD, In I ' 6L - 9V2en to II';X==YX:X: 1_1: 1 a/:'E YU 1 11 71! in z j'. 1 i c un + t u9. rv ] a. _ IL- LE 1L ],f.: II 211 , 14 R.L+ U. _lc. Y9 A 2i IS 4 • H`2 ~SLG "U R-Y 32lt za mz _ :a_> c F9 FF_ 1Gi] Y6 _ N H-11 .TUV E-r.mnR 4. r-f~IIVkE. r-nR6IOSE0 IIRY'LOSf. 'Fna IS::9.P %f I y n N u Rr .w yn 3ARO .'MO:E.T TI1LE ~.b 51-e n ' fnlE Ehf3~E[9 10 46 2.,y - rI The proposed tower has been catered to the surrounding environment as seen in Figure 3.1a and 3.1b below. Figure 3.1a: Context of Photo Simulation 74. JOW IN ~J • 1''t' fir' • ~ y. a Vr The photograph used in the photo simulation was captured on the adjacent road (16`x' Sideline) to the proposed tower and property. 11 70 -1► Figure 3.1b: Photo Simulation V A photo simulation of the proposed tower in the area as seen from the adjacent road, 16"' Sideline. To further accommodate the aesthetics of the city, the antennas will be mount tight to the tower rather than on the more typical "pin-wheel" mount which can have arms extending upwards of 3m from the tower. The small footprint provides space for present and future tenants to accommodate the ancillary radio equipment. The ancillary radio equipment will be placed on concrete pads at the base of the tower eliminating any need to construct large enclosures to further minimize visual intrusions. 12 ATTACH,viENT 4 TO 48 REPORT # PD 21~- I 1 E. Regulations 1. Health Canada's Safety Code 6 Compliance Industry Canada requires that all operators of radio communication systems attest that the radio antenna system described in this notification package will comply with Health Canada's Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier collocations and nearby installations within the local radio environment. i Turris will ensure that any carriers operating from the pole will attest to compliance with Safety Code 6 as part of their tenancy agreement. II. Control of Public Access The tower base will be outfitted with security fencing and /or appropriate anti-climb equipment. III. Canadian Environmental Assessment Act The radio antenna system described in this notification package is excluded from assessment under the Canadian Environmental Assessment Act. IV. Description of Proposed System The tower would initially provide wireless voice and data services for subscribers to the new state-of-the-art HSPA GSM wireless network. 13 4 9 ATTAXV ENT - TO REPORT # PD._ J-Y I 1 V. Transport Canada's Aeronautical Obstruction Marking Requirements Turris attests that the structure described in this notification package will comply with Transport Canada f NAV Canada aeronautical safety requirements. Turris has made all necessary applications to Transport Canada and NAV Canada. At this time, Turris has received an Aeronautical Obstruction Clearance Form from Transport Canada stating that the proposed installation would not require marking as per the CAR 621.19 Standards Obstruction Markings. For additional detailed information, please consult Transport Canada at: (http //www tc gc ca/CivilAviation/Regserv/Affairs/cars/PART6/Standards/Standard6 21.htm) VI. Engineering Practices Turris attests that the radio tower described in this notification package will be constructed in compliance with the National Building Code of Canada and comply with good engineering practices including structural adequacy. VII. Local Land Use Requirements Wireless facilities are exclusively regulated by the Federal Government and as a result are not required to obtain municipal permits of any kind. However, the City of Pickering does have an established protocol for the review of telecommunication tower proposals. Turris has been working through this process with the City and expects to receive approval shortly on its minor site plan application for this site. This public notification is part of the protocol and any comments received will be considered by the City of Pickering prior to issuance of their approval. 14 , I ATTACHMENT # TO 50 REPORT # PD.--J LL- VIII. VIII. Industry Canada's Spectrum Management Please be advised that the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through Industry Canada. Turr•is is participating in this circulation in accordance with Industry Canada's guidelines CPC-2-0-03 and the City of Pickering's protocol. For more information on Industry Canada's public consultation guidelines including CPC-2-0-03 contact at www.ic.gc.ca/antenna or the local Industry Canada office at spectrum toronto@ic.gc.ca. Toronto District Office Room 909, 9th Floor 55 St. Clair Avenue East Toronto, Ont. M4T 1M2 Telephone: 416-973-8215 General information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (http://www.ic.gc.ca/epic/site/smt-gst.nsf-/en/home). 15 ATTACWjENT # J TO 51 REPORT # PI) F. Contact Information Turris Sites Inc. is committed to effective public consultation. The public is invited to provide comments to Turris about this proposal by mail, electronic mail, phone or fax. Please send your comments to the address below by the close of business May 15th, 2011: Turris Sites Inc. 70 Todd Road Georgetown, Ontario, L7G 4R7 Attn: David Hahn E-mail: david.hahn@turris-group.com Fax: (905) 877-8835 Phone: (416) 937-3500 Closing Date for Submission of Written Public Comments As per Industry Canada's rules, there are 30 days available to the public to send in comments - which is no later than May 15th, 2011. Industry Canada's process also contains requirements for response to your questions, comments or concerns. We will acknowledge receipt of your comments within 14 days and will provide a formal response to the Municipality and those members of the public who communicated to Turris, within 60 days. The members of the public who communicated with Turris will then have 21days to review and reply to Turris a final response. Contact Information - Land Use Authority Tyler Barnett Senior Planner - Site Planning Planning & Development Department City of Pickering 905-420-4660 ext. 2042 16 ATTACHMENT # 4__T0 5 2 REPORT # Pl) y_ _ G. Public Comment Record Proposed Installation - 3735 16th Sideline, Brougham Turris Sites Inc. Name: Address: Telephone: E-mail: Comments To be considered part of this consultation, comments must be received by close of business May 15th, 2011. Please forward your comments to: Turris Sites Inc. Attention: David Hahn 70 Todd Road, Georgetown, Ontario L7G 4117 Fax: 905-877-8835 Phone: 416-937-3500 E-mail: david.hahn@turris-group.com Continue on reverse if required... * Comments received shall form part of Industry Canada's Public Consultation Process under the Spectrum Management and Telecommunications Client Procedures Circular CPC-2-0-03, Issue 4, and will be made public as part of a report issued to the City of Pickering and Industry Canada. 17 ./0 Todd Road P:.,1 90.5 817 7 8585 p r, +1 905 87'88J5 L CMADA Attachment: Figure 1.0: 347-351 Finch Ave., Search ring/site ~ ~''•c,tiPlltt? r •y_. C - R t I .f2 err . tP L`q. Jr C I A- 4 L* IF . ; e., , •sa 1.b FI ure ;'1~3735 16'°_= id hnc. Search nnglsi.te ~s > s' ti.ltelkl s . • s 4 ~~ti , : k trc • PPP - 7 4 ~,.wc ' ie~ Turns Sites Inc. www.tums group.com 0009106000000 030009106050000 ATTACHMENT MARLIN MICHAEL TILLAART HENRY JOHN TILLAART 3735 RR 1 54 REPORT PD?-_t4, TO SIDELINE 16 BROUGHAM ON LOH 1A0 LOCUST HILL ON LOH 1 JO 030009106100000 0300091.13000000 KLAUS DOOSE PUBLIC WORKS CANADA 3745 SIDELINE 16 C/O MUNICIPAL GRANTS BROUGHAM ON LOH I AO 4900 YONGE ST NORTH YORK ON M2N 6A6 55 'f ATTACHfv,ENT # TO REPORT # PQ1 C G7 C/).~ D rm-- co . ZZm z m ~ rn 0 T D 0 r, . R PUBLIC NOTICE PROPOSED WIND MOBILE 35-METRE •40-METRE 56 STEEL TRI-POLE TELECOMMUNICATIONS TOWERS ATTACHPA, NT q TO PROPOSAL L• REP0R7 # PD Z_!-(-fit I • Wireless steel tri-pole tower, 35 metres tall and will occupy an area of 0.01 hectare. • Location: 347-351 Finch Ave., Pickering at Finch Ave. and Altona Rd. • The geographical coordinates of the proposed site are: 43 deg 50 min 5.7 secN 79 deg 8 min 27.5 sec W SITE LOCATION MAP i -The facility will include i i lattice tri-pole tower g and multiple radio cabinets as well as fencing around the base of the tower. The tower will provide wireless and data services and has been 0 specifically designed to 5 nA•YT, accommodate multiple a antennas from different j " carriers- reducing the number of required .O towers in the future. At present, this tower is + expected to satisfy the needs of up to 3 carriers and potentially more later. PROPOSAL 2: • Wireless steel tri-pole tower, 40 metres tall and will occupy an area of 0.01 hectare. • Location: 3735 16th Sideline, Brougham at Concession Road 7 and 16th Sideline. • The geographical coordinates of the proposed site are: 43 deg 55 min 46.1 sec IN 79 deg 5 min 54.3 sec W SITE LOCATION MAP ( ua^~aa The facility will, include 1 c~ lattice tri-pole tower and multiple radio cabinets as well as fencing around the base of the tower. The I tower will provide wireless and data services and has ¢ been specificallydesigned to accommodate multiple antennas from different carriers- reducing the number of required towers Y in the tuture. At present, this tower is expected to satisfy the needs of up to 3 carriers f and potentially more later. i ANY PERSON may make a written submission to the individuals listed below by May 15, 2011 with respect to this matter. PLEASE TAKE NOTICE as the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through Industry Canada; the City of Pickering has no jurisdiction in this matter other than as a commenting body to Industry Canada and applicant. ADDITIONAL INFORMATION relating to the proposed Tower 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 information may also be obtained through the following contacts: Turris Sites Inc. contact: City of Pickering contact: David Hahn Tyler Barnett Municipal Affairs Consultant Senior Planner Turris Sites Inc. City of Pickering 70 Todd Road, Georgetown One the Esplanade, Ontario, L79 4R7 Pickering, ON, L1V 6K7 Tel: 4116-937-3500 Tel: 905-420-4660 ext. 2042 Email: david.hahn@trris-group.com Email: tbarnettOcityotpickering.com 5 7 ATTACHMENT 4 -TO REPORT # PD Zy;l,l 70•ToddRoad A +19058778885 fig Georgetown, Ontario A +1 905 877 8835 L7G 4R7 CANADA Appendix B Turris Sites Inc, www.turris-group.com CfTc ATTACHMENT TO 58 R.EPORI # PD 2!-I-II . / 4360 Sideline 12 rJ R.R. 5, Claremont, ON, L1Y1A2 , Friday, April 15, 2011 / Turris Sites Inc. / 70 Todd Rd. - _ ' - Georgetown, ON, L7G 4R7 Attn. David Hahn, Municipal Affairs Consultant.. see by the public notice in the Pickering News Advertiser of April 14 that you wish to erect a communications tower at the Seventh Concession 'and Sideroad 16 of Pickering. We already have a communications tower at the Seventh Concession and Brock Road, another in Brougham, and two others, one on Brock Road and one on Concession 7 in Uxbridge. Despite all'these towers around us we, still cannot get high speed internet where we live. We believe that there should be a moratorium in the construction of any more towers and legislation to compel existing towers to share existing faculties. We don't need more towers - use what you've got, and provide service for everyone who wants and needs it. Wendy and Gordon Duncan cc Tyler Barnett Mark Holland MP Industry Canada i 5 9 ATTACHMENT ~ TO REPORT # PO_`2 !q~1I 70 Todd Road P. +19058778885 Georgetown, Ontario F., +1905 877 8835 L7G 4R78 CANADA April 252011 I t Wendy and Gordon Duncan 4360 Sideline 12 R.R. 5, Claremont, ON, L1Y 1A2 Dear Wendy and Gordon Duncan, Re: Public Notice for Telecommunication Towers in Pickering News Advertiser - April 14, 2011 Thank you for your letter of April 15th in regard to the above-noted advertisement expressing your concern about the number of towers in the area. A key step in the development of wireless networks is the review of existing telecommunication infrastructure in the area and assessing their suitability from both a radio frequency and structural engineering perspective. Unfortunately in this instance, the existing sites in the area were not suitable thus creating the need for the new towers. To mitigate the need for future towers, these proposed sites will initially house the radio equipment for two carriers - Wind and Public Mobile, as well as have capacity to support up to two more carriers in the future. I have attached, for your information, a copy of the Public Consultation documents available at the City for these sites that provide additional information on the review of the adjacent sites as well as details on the requirements for each facility. Sincerely, >,2UlL~r_k David Hahn Municipal Affairs Consultant Email: david.hahn@turris-group.com Phone: (416) 937-3500 Attachment Turris Sites Inc www.turris-group.com ATTACH,v i_IVT #.r n _ t0 SU REPORT # PD `L'~-,I I David Hahn - Turris From: Wendy and Gord Duncan <pillowblock@gmail.com> Sent: May-03-11 4:45 PM To: david.hahn@turris-group.com Cc: tbarnett@cityofpickering.com; mjohnston@durhamregion.com; mitch.stjacques@ic.gc.ca Subject: Proposed Turris Tower Sites- City of Pickering Follow Up Flag: Follow up Flag Status: Flagged I have received your letter April 25/2011. You note that the Bell site and the Rogers site are "not within the search radius" What is the search radius and from where is it measured? Who has established the search radius? Since you propose two new towers about 1/2 km apart, can I assume that they are "not within the" search radius of each other? You state also that Canada ranks last in "wireless penetration" amongst 22 developed counties. My ignorance of things electronic will show when I state that as a neighbour of these new towers, and 40 km from Canada's largest city, I cannot receive high-speed internet, but must depend on expensive, and slow, satellite connection. Outport Newfoundland has better coverage than that. From your information, these new towers are not going to meet my needs, or any of the other residents in the area, just cellphone users on the highways. .I am still totally opposed to the granting of permits for any more towers, and insist that the existing towers be used, or modified so they can be used, for all, not specific purposes. Finally, I would like to ask the City of Pickering if it is planned to add the cost of these towers, should they be built, to the assessment of the properties on which they are located so they can contribute, as we all do, to the municipal tax burden. W. Gordon Duncan RR5 Claremont ON L1Y IA2 i i 61 ATTACHMENT # `T TO REPORT # PD zq,=l David Hahn - Turris From: David Hahn - Turris <David.hahn@turris-group.com> Sent: May-17-11 12:58 PM To: Wendy and Gord Duncan (pillowblock@gmail.com) Cc: Tyler Barnett; Mike.Lang@ic.gc.ca; Mitch.St.Jacques@ic.gc.ca Subject: Proposed Turris Sites - Pickering Attachments: Duncan Reply - Pickering.pdf Hello Mr. Duncan, Please find attached additional information as requested in your email of May 03, 2011. Regards, D David Hahn, P. Eng. Municipal Affairs Consultant TURRIS SITES INC. Direct: 416-937-3500 This message is intented for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notify the sender immediately. You are hereby notified that any use, review, or disclosure or copying of his information is strictly prohibited. Tracking: 1 L ATTACHMENT #e "'1 TO 6 2 REPORT # PQ`_ Zz..J - 70 Todd Road P• +1,90587-78885 Georgetown, Ontario F• +19058778835 L7G 4R7 CANADA May 16, 2011 Via Email Mr. Gordon Duncan 4360 Sideline 12 R.R. 5 Claremont, ON UY 1A2 Dear Mr. Duncan, Re: Your Email Response of May 03, 2011 in regard to Proposed Telecommunication Sites Thank you for the above noted email. We have categorized our 'interpretation of your concerns and provided information and commentary for each. We trust this is helpful. A. Search Rings / Search Radius / Coverage The design of large scale wireless networks is a complex process that balances factors including radio frequencies (spectrum), population density and distribution, location of major thoroughfares, topography, demography (rural versus dense urban), and built form (dense vegetation versus tall concrete buildings). To complicate matters more, each site must be located to ensure the radio signals broadcast have a minimum overlap with the transmissions from the adjacent sites. This is a critical component to ensure contiguous coverage. Each of these parameters is measured and used by the engineers to determine the prime location for a site. Since.it is usually very difficult to find a suitable location at a specific set of coordinates, the engineers issue a search ring of -•300m radius from the preferred location in which a search is conducted for a potential landlord. As described in the public consultation document, the first order of business when searching for a site is to consider all existing structures (buildings, other towers) and their suitability to fulfill our technical requirements. The'technical requirements include space and structural strength at a required height above the ground, space at ground level to place the associated radio equipment, and access for maintenance crews. We have attached aerial photos that show our proposed locations in relation to the center of the original search rings and the existing infrastructure in the area. It is clear that the existing sites are too far removed from our required locations to be viable alternatives and that our proposed locations are at the outer limits of the original search parameters. We recognize that as an industry we have a duty to mitigate the number of new structures constructed, and to that end, these two sites will be built at the outset with capacity to support two additional carriers (total 3) with the ability to modify the tower to accept more at a later date.' Public Mobile has committed to locate on both these facilities, eliminating their need to construct another facility. Tunis also identifies these locations to all the other carriers to be considered in their network plans. The two sites we are proposing are 1 Okm apart and not within the search ring of each other. Turris Sit Inc. ac v:turris-group,com 6 3 H ._iJT#--~-To 4 PC 70 Todd Road P, +1905 877 8885 RHO Georgetown, Ontario F. +1905 877 8835 L7G 4R7 CANADA You mention that neither of these towers will "meet my needs, any of the other residents in the area, just cell phone users on the highways." Certainly the proposed tower at 16tt' Sideline will provide coverage to Highway 7 and the future Highway 407 but it also provides coverage to the surrounding area. The Finch Ave site will provide robust coverage to the area residents and major thoroughfares. B. Wireless Usage Canada does lag other developed countries in the use of wireless devices. In many countries - and more so every day in Canada - many people are converting to wireless as their only phone and foregoing the traditional landline (home) phone. Industry Canada held an auction for additional spectrum that set aside an allotment of spectrum that only new carriers were able to purchase in order to increase the competitiveness of the industry. Three new carriers were launched in response to the auction - Wind Mobile, Public Mobile and Mobilicity. C. Wireless Service Offerings Your email notes your frustration in not being able to get high speed internet access at home. Each of the wireless carriers currently offers high speed internet over their wireless networks. Wind Mobile, the proponent on these sites, offers very competitive high speed wireless data plans. People who live in the vicinity of these facilities have the opportunity to enjoy reliable high speed wireless services without having to rely on slow land line/satellite services. It appears that you live approximately 3km from the proposed site on Sideline 16 and will likely receive high quality coverage from it. You are too far (-13km) from the proposed Finch site to be in its coverage area. I encourage you to visit the carrier's websites for further information on services available in your area. We trust this information is helpful and satisfies your concerns. Should you require any additional information, please contact the undersigned at 416-937-3500 or email at david.hahn@turris-group.com Yours truly, 064 Ila4 David Hahn Municipal Affairs Consultant .cc. Tyler Barnett - City of Pickering, Mitch St. Jacques - Industry Canada Turris Sites Inc. uarww. turrisgroup. cosy ATTACHMENT To REPORT # PQ~- 64 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 maybe 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 ATTACHMENT r0 REPORT # PD 2u'll . 6J 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 Honourable Tony Clement, Minister of Industry and the Honourable Gary Goodyear, Minister of State (Science and Technology). Carried Unanimously on a Recorded Vote City o~ Report To _ Planning & Development Committee PICKERING Report Number: PD 25-11 Date: September 6, 2011 66 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Summit Telecom Services on behalf of 'Rogers Communications Inc. 882 Kingston Road City of Pickering Recommendation: 1. That Summit Telecom Services be advised that City Council has no objection to the proposed 30 metre high cell tower installation at 882 Kingston Road for Rogers Communications Inc., based on the stealth design and other details submitted with the request. Executive Summary: Summit Telecom Services, on behalf of Rogers Communications Inc., submitted a proposal to construct a 30 metre high "stealth" type cell tower at 882 Kingston Road, which is the St. Paul's on the Hill church property. Since the submission of the initial proposal, Rogers Wireless has completed its public consultation process in accordance with Industry Canada requirements. The applicant 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 with an existing cell tower in the immediate area. The proposed tower and equipment compound have been sited at the southeast corner of the upper parking lot where visual impacts are minimized. 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 recent resolutions respecting cell towers. It is recommended that the applicant be advised that City Council has no objection to the proposed cell tower at 882 Kingston Road, based on the stealth 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 25-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 67 1.0 Background: Rogers Wireless is proposing to install a 30 metre high cell tower on the St. Paul's on the Hill church property at 882 Kingston Road (see Location Map - Attachment #1). 1.1 The Proposal The proposed installation is a 30 metre high "stealth" type tri-pole communication tower and related ground cabinet. A current example of a "stealth" design tri-pole cell tower exists at the Durham Regional Police station located at Brock Road and Finch Avenue (although that installation is 40 metres in height). The tower is proposed to be located in the southeast corner of the upper parking lot of the church property, adjacent to Kingston Road. The base of the proposed tower is approximately 2.4 metres wide. The ground cabinet, which houses the radio equipment, occupies an area of 1.6 metres by 2.4 metres and is located at the base of the tower. The tower and ground cabinets will be located in a fenced compound measuring approximately 4.6 metres by 6.1 metres. The compound and tower are proposed to be set back approximately 26 metres from Sheppard Avenue and 27 metres from Kingston Road. The antenna equipment at the top of the tower will be hidden by a shroud bearing a cross insignia to reflect the adjacent church land use. Access to the tower and compound for maintenance will be from Sheppard Avenue, through the upper parking lot (see Applicant's Submitted Plan - Attachments #2 & #3). Photo simulations of the proposed installation have been provided to illustrate the design of the tower and its visual impact on the area (see Applicant's Site Selection and Public Consultation Report - Attachment #4). 1.2 Property Description The lands known as 882 Kingston Road are designated Urban Residential Area - Low Density Area in the Official Plan and zoned `R4(DN)' - Detached Dwelling\Day Nursery Zone in By-law 3036 as amended by By-law 1398/81. Surrounding land use include residential uses to the north and west, an automobile service station to the east and Kingston Road to the south. The closest residential property, located on the north side of Sheppard Avenue, is approximately 50 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's requirements as outlined in the Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunication and Broadcasting Antenna Systems". Report PD 25-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 68 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 30 metre tower height, the proposed installation required notification to eight property owners within a 90 metre radius of the base of the tower. The applicant has indicated that they have provided written notification to the eight adjoining property owners and placed a notice of the proposed installation in the April 2011 edition of SNAP Pickering. The applicant has also confirmed that no public comments were received as a result of the public 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 applicant has advised that the closest existing cell tower, located at the base of Dixie Road adjacent to Highway 401, is outside of their search area and does not provide available space to properly serve their coverage objectives. The applicant has indicated that the proposed tower will have space reserved for future antennas, and that all Rogers telecommunications structures are considered for sharing 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 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 Resolution 87/11 in Attachment #5). Currently, municipal and public notification of towers under 15 metres is not required. 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. Report PD 25-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 69 2.4 Proposed Tower Location is acceptable Staff support the proposed location of this cell tower facility. The proposed tower and equipment compound are to be located at the southeast corner of the upper parking lot, maximizing the distance from the low density residential neighbourhood north of Sheppard Avenue. The equipment compound will be screened with wood privacy fencing and the applicant has agreed to augment the existing landscaping by introducing additional shrub plantings on the south side. The shroud design will minimize the visual impact of the tower equipment. Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impact on the neighbourhood, provides appropriate setbacks from Sheppard Avenue and Kingston Road, and will be appropriately screened at ground level from Kingston Road. 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 25-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 5 70 Prepared B Approved/Endorsed By: Tyler Barnett Neil Carr P, RPP Senior Planner - Site Planning Director, Panning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 8 Zo Tony Prevedel, P.Eng. Chief Administrative Officer I I I l ATTACHMENT # ~ TO REPORT # PD UER/TE & U, YS ARATE OOL a Y ~ GOLDENRIDGE m =!kNCRESCENT UE > JACQUELINE P WELRUS STREET D 0 MOD Q~ OJ G w U Z D ¢ Z 0- M ¢ SPRUCE RUSHTON ROAD F is J o a- d- ;"E'S PLANE o v 2~ ~ ',,z U DUNBARTON MERR~~ON ROp,O SHEPPARD AVENUE OBJECT OPERTY ~OpO BAYFA/R BAPTIST `'1oa CHURCH G STREW X01 Bp,YL~ 0 City of Pickering Planning & Development Department PROPERTY DESCRIPTION B.F.C. Range 3, Pt U27 &40R-2628 Pt 1-4, &40R-15853 Pt 1, 2,3 OWNER St. Pauls on the Hill DATE July 26, 2011 DRAWN BY JB FILE No. Installation # 38 - Rogers Wireless SCALE 1:5,000 CHECKED BY TB RM PAC a^d,;b Inc. .uaIId It All url hb R~ .rv,Eh No! awry cn of Su plan of .u^,.,.. PN-7 ACNIIIIENT ~L61L TO P1,oR1# P 72 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN ROGERS MOBILE INSTALLATION (882 KINGSTON ROAD) PROPOSED COMPOUND CONCRETE CURB ~ . OU~B / CONCRETE GpRB,GUT}° SHEPPARD AVENUE °`0' ROAD ALL0M4WC1Y:' f3E714Pl:7J COMCF5510AI 1 AA/D 24NCe 3 (iiiDr. ~'LrONCRETE CURB + GUTTER PIN 26JSJ-0096(lT) ASPHALT CURB CUTCONCRETE E W S 1 ALK H- ._~PLU ' \0\q° CONCR 'II _JIIIIL I' I1 Jll II _ y~K LL~II___J1L_lll~\\ /...0~ _ N71'34.40'E CURB 90.87 - - _ ( ) \0 BARD fTENCE A1Z.{2 (Pt&MFAS) ~T~~♦\0 A- 1005 ®TO CONC. -~u~ - ° 5 SIB BASE p5p I I I I \Oi4\ I I o 771" 40'E t St. 3 $ I I I I I I I I I \09\1 On The Paul's I 1 1 I I I I I I I f, Anglican Church ~ \ \a'- ?w Ag JT ASPHALT I z X p51 a /i 1/ \p191 rv rva\t° FF.104.Ip, CONCRETEI I y 1 I I I I ,4ypt p Fg ~ ~y DI ~ I I I I I I COUPOUND ~ i ~ I Im NC ETE UR \p]\a . I I a Iqa z ~ ~ 3 O ~NLS O 1 01 c \011\ - - ___0 .\016\ ay. • i i DAYCARE K~ 1 \p1q OU) WOODEN CURBS TO BE \d] d I~\01.1 I / REPLACED WI1H / i 1•~8ti; 1 LAN 'tOIR CONCRETE CURBING i Ppl<T EDGE t1nL oe°e //",//z //,i//rv / i / j~ J ~\e / / / p9\° ' pZ59°I •agly ~ / ~ 11iT / i .y . ~,SEV,EM As vA Wc,ART PAIR' To 9A at. MLS J uLS MG POLE M _ s _ _ - FIRE LLB \3s HYDRANT •at?t SIGN N. BE a05 ae At RELOCATED _ I 0°5 0. a°p1 ay16 C E. IF ITCH f yt\I` a°aa g011 EDGE OF ASPHALT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JULY 26, 2011. 4TTAu' HMENT 3 TO REpoRT # Pc! -2 X11 73 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN ROGERS MOBILE INSTALLATION (882 KINGSTON ROAD) PROPOSED COMPOUND LAYOUT PLAN 6.10 ELEVATION PLAN 4.18 NOT TO SCALE 1.62 N8 N3 N6 0 N8 o a , a N7 N1 N2 i \ / N5 ` `I A~ SEE ELEVATION PLAN qi O - - N@p3~ 9 df- - 20~ `'M, 3~ 81 PART 2 I ACCESS s^ g m (WIT) Z 3.00 SSIB N71'S510'E (WIT) PART 1 g COMPOUND i 6.10 IB N71'551101E IB 1V' THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JULY 26, 2011. ATTACHMENT #e TO HUM SUMMIT 74 TELECOM SERVICES May 6, 2011 VIA EMAIL Mr. Tyler Barnett Senior Planner - Site Planning Planning and Development Department City of Pickering Dear Mr. Barnett, Re: Rogers Site C3370 Proposed Wireless Communications Structure - Kingston Road & Fairport Part of Lot 27 Range 3, Broken Front Concession - 882. Kingston Rd. Pickering, ON Summit Telecom Services Inc., on behalf of Rogers Communications Inc., would like to submit r the. following site information package along with the accompanying site plans for a proposed telecommunications structure located at the above noted location and in accordance with Industry Canada and the City of Pickering procedures. All information included in this package should help to provide the necessary details regarding this proposal and explain the background on the reasons for this proposal and the process involved. Included herein: • Background information on the proposal • Location and site selection process • Tower type and installation • Public Notification documents in accordance with CPC-2-0-03 Appendix 2 • Site plan detailing the proposed installation , • Site plan application form and. fee ($2500.00) • Title Report I trust the information included in this package will be helpful for the City's consideration of this proposal. Sincerely, Sean Ogilvie Summit Telecom Services Inc. Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 7 5 ATTACHMENT TO REPORT PD_ 25 ii 000 000 TELECOM SERVICES Introduction: This proposal is being submitted on behalf of Rogers Communications Inc., ("Rogers") in an effort to facilitate improved wireless services within the City of Pickering in an area where coverage has been calculated to be inadequate by Rogers radio frequency engineers and network planners. Telecommunication companies such as Rogers make large investments every year on improving wireless networks both in the "reach" of these networks and their capabilities to handle increased traffic. The need to improve these networks arises from the increases in demand for wireless services such as voice and data, with advancements in technology and an increasing number of wireless technology users. Coverage deficiencies such as this area in Pickering can result in a lack of service or dropped and interrupted calls. Wireless. services may not be top priority for every Canadian however; many rely on wireless networks for emergency services such as police, firefighters and other first responders. For this specific site in Pickering, Ontario located at 882 Kingston Road, a new telecommunications structure or "tower" was determined necessary as there was a lack of other options including sharing opportunities or locating on top of an existing tall structure. Many people do not realize the limitations in the reach of radio waves while still remaining reliable inside and out of buildings; as such the location for a new site is very specific. Please keep in mind that a new structure or tower is not built out of convenience for a communications company. A new structure is built at a very large cost and is only considered necessary after an extensive search for alternate options. The purpose of the following document is to provide information about the procedure, selection and proposed structure in order to facilitate the federally regulated Industry Canada process.. Procedure: In lieu of a municipal protocol governing radio communications and broadcasting antennas, Summit Telecom Services will be following Industry Canada's default process as set out in their Spectrum Management and Telecommunications document CPC-2-0- 03 (Issue 4). As these installations are regulated under federal policy, provincial legislation, municipal by-laws and site plan control do not apply to these facilities. The Industry Canada procedure provides the requirements outlining land use and public consultation and the 0 o a o o n o c Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 ATTACHMENT #YTO REPORT # PQ-2S- I 1 E 7 6 SUMMIT NNE TELECOM SERVICES general requirements to be satisfied, including but not limited to the Canadian Environmental Assessment Act, Health Canada's Safety Code 6 and Transport and NAV Canada regulations. While final approval of these proposals falls under the exclusive jurisdiction of the Government of Canada through Industry Canada, local concerns related to land-use are important elements to consider in the siting of these facilities. We will work together with the land-use authority and accommodate all reasonable concerns as best possible where they do not unduly impede the process of siting new facilities. Proposed Location: In the initial stages of Rogers network development, an area centering roughly on the intersection of Kingston Road and Fairport Road calculated as the best possible location to address any coverage deficiencies. A new telecommunications facility in this area will decrease deficiency while extending the reach and capacity of the existing network. Site acquisition and network implementation specialists investigated this search area for any infrastructure that would allow for the deployment of a new telecommunications facility without the construction of a new tower. Our search in this area revealed that the closest existing telecommunications tower is approximately 900m east along Highway 401. This existing site is outside the required search area and further, at only 30m in height with multiple levels of antennae already in operation on this tower, we would not be able to efficiently service this market. The surrounding search area does not feature any other existing structures with the appropriate height to achieve the necessary coverage objectives. With alternate options exhausted it was determined that a new structure was necessary to efficiently reach and maintain the coverage objectives. Proposed Tower ° s a E.Py g y~o (882 Kingston Road) a~ ,,_4 DUNBARTON ,~°k 22 iUSH sv sir 2' g',C80 5` EAS E K p6 COLLECTORS, j MCI& Park Aew Radom k 27 Qc"' - Park d Aye Bruce BAY RID( I,C~ICERIiVG WOODLANDS. Ja Handscomb 22 Memorial ; FAIRPORT A Park Robe i. Q Caro FRENCHMANS BAY P Miley Sandbar Rd YIt Exft, Ok\at"~a~t ,,,fie COLLEc"Oa..', WE T SHORE ' 20M few ■om SUMMI ■NE • The proposed tower will be located at 882 Kingston Road • Geographic coordinates 43° 49' 25.9" North, 79° 06' 28.1" West The new telecommunication structure will be located in the southeast corner of the upper parking lot of St. Pauls on-the-Hill Anglican Church. Some telecommunications towers are considered unsightly to the public, for this installation due to its proximity to some residential dwellings Rogers has opted for a "stealth" installation in order to better satisfy the siting conditions of the church and the surrounding area. This tower will be a shrouded tripole (further described in the Tower section) Proposed Tower (882 Kingston Road) s A • . y 41. 1 ~ \ may. ! h { 4-W a ` \ r } , X31/, , 41 14 6' 1t1 Sf . r • Al , • The proposed structure will be setback approximately 25m from both Sheppard Ave and Kingston Road. • The closest residential dwellings are approximately 50m to the north The subject property is legally described as: PT LT 27, RANGE 3, CON BROKEN FRONT PICKERING AS IN D20998, PTS 1 TO 4. 40R2628 & PTS 1 TO 3, 40R15853; S/T C0165240, D25962 PICKERING Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 TTACH%fEPJT # TO 8 REPORT # PD 25 J HN SUMMIT MMM TELECOM SERVICES The demand for wireless services and the lack of existing infrastructure in the area make a site of this type at 882 Kingston Road an ideal candidate to house a new Rogers Communications Inc., telecommunications structure complying with all federal rules and regulations. The Tower: At the above noted location Rogers proposes a 30m "stealth" type tripole tower and related radio equipment cabinet. The tower and cabinet will be located inside a fenced perimeter and the compound will occupy 28sq.m. The fence with locked gate is for safety and to limit access to authorized personnel only. The 30m high stealth tower will be constructed from three steel poles and shrouded at the top with an image of the cross for the church. The antennas will be concealed inside the structure. The tower fence will be constructed of cedar as opposed to chain link and appropriate landscaping will be added along the south side for additional screening per the City's request. (see attached photo simulations) This tower type complies with all rules and regulations set forth by Industry Canada including Transport and NAV Canada and health and safety. This tower was selected as opposed to typical tower installations (monopole and self-support) in an effort to better blend in with the surrounding area. The proposed tower will feature initial services with space reserved for future antennas. All Rogers telecommunications structures are considered for sharing with future applicants. PLEASE SEE ATTACHED PHOTO SIMULATIONS BELOW Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 Lf i.' y 1/9 SUMMIT ■om f-41 t' i • t v Ash, y. t1 ~ I , I RA {I`~• y 1,11 f ♦ 1 pm ire rr 25/-j) 80 SUMMIT ■ow I i . ATTACHMENT #-1-_ TO mm mm mm SUMMIT REPORT # PD~ZS~) 81 TELECOM SERVICES PUBLIC NOTIFICATION PACKAGE In accordance with Industry Canada's CPC-2-0-03 (Issue 4) - Appendix 2 §Hffl flit T@I@eBf §@Fvie@§ 1% NO R®y§I WIRd§®F bog, MI§§I§§§d§§t @HI§R®i L§d I K9 8 2 ATTACHMENT #-9 T Q REPORT # PD__:~ I T- C MEN loulmllm1mil MMM TELECOM SERVICES I 90M NOTIFICATION RING B,CT PROPERTY PLM MW 1;15W BOAR" DMWK Vii" wmw iS ![D .i1 m F1tAM OT E 0 W OA4 MIM A== 24. IM A* FLAk 4P-15W f DCPPARD AWMA CAM 71 car xr OA%= 1 g err { a~ to ssi» rrc Kn= P;, Z90 m f#OTt CArO +1 RAMUS FRom TO R STF=TLW §dfRffiit T@IOEBf §MiEft IRS: NO R®yal WNW PHY0, Mimimadga, @nWo, 6§J I K9 ATTACHMENT q _TO 83 S■■ SUMMIT REPORT # PD_Z 1 I N No ■NS TELECOM SERVICES Public Consultation Summary: Per Industry Canada's protocol the following notification documents were mailed out to all owners of property within the notification radius. Among other requirements, all notices identified the purpose of public consultation in an effort to facilitate communications between the proponent and the local community. These documents further outlined the timelines to be observed in submitting comments. Industry Canada considers the public consultation completed when all reasonable and relevant concerns have been addressed or no comments, questions and concerns are received within the minimum 30-day commenting period. We are pleased to report that during our public consultation period dated March 22, 2011 and concluding May 6, 2011 we received no written or verbal questions or comments. In this regard we would like to note the conclusion of and successful participation in the public consultation process. We feel this site keeps within the spirit of the CPC guidelines and the tower type successfully blends in with the surrounding area. We have not encountered any opposition to this proposed installation. i &HIR111 T@I@E®ffl §@FViE@§ IRE: NO R®y@I WNW PHV@, MI§§I§§@d§@, @H1008i L§J IK§ p 4 ■ ® ATTACHMENT TO O ■ ■ SUMMIT REPORT # PD _2_5-11 MEN TELECOM SERVICES March 22, 2011 Current Resident /Owner, Summit Telecom Services is sending out this package on behalf of Rogers Communications Inc. to notify you of the proposed installation of a Rogers Communications Inc. wireless telecommunications tower. Through the federally regulated Industry Canada process for radio communication and broadcasting antenna systems we are required to notify any owners of property within a 90m radius of the proposed tower location. The documents included in this package are intended to provide you with information on the proposed location of the tower, tower type, tower description and the attestation to abide by or exceed all standards as set forth by Industry Canada. Included in this package is the letter of notification explaining the basics of the tower (location, purpose, regulations) and a copy of the public notice to appear in the local publication SNAP Pickering. The purpose of this package is to allow for comments by the local community and for Summit Telecom and Industry Canada to address all,questions and concerns before moving ahead with the project. The appropriate contact information can be found at the end of the Letter of Notification and/or Public Notice and comments may be submitted until the closing date of Friday May 6, 2011. Sincerely, Sean Ogilvie Summit Telecom Services Inc. nOMMEM■■ Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 c ❑ (~~l In, InI I!~1~A~1) ~,I I? ATTACHP0ENT #-_q TO O~J PD~~ l~J V LJULI ~ ~ EJ RE1;0R7 # c~ ❑C~❑ TELECOM SERVICES • i Letter of Notification: Site C3370 As a part of the federally regulated process for telecommunication installations Summit Telecom Services is inviting public comment on a proposed Rogers Communications Inc. tower installation within the City of Pickering, Ontario. Any clarification, questions or concerns please submit comments to Summit Telecom Services via mail, Email, phone or fax to the address listed below. For more information on the Industry Canada process regarding these installations please visit www.ic.gc.ca/antenna or contact the presiding Industry Canada office below. The final submission date for comments is close of business May 6, 2011. Purpose: • Summit Telecom Services Inc. on behalf of Rogers Communications Inc. is proposing a telecommunications antenna installation to improve wireless and data coverage for the City of Pickering and specifically in the area of Kingston Road and Sheppard Avenue. Existing towers in the area have been determined unsuitable to achieve the desired coverage for the Rogers wireless network. The new tower will be considered for sharing with future applicants. Proposed Location: • The tower is to be located on a section of private property located at 882 Kingston Road corresponding to the GPS co-ordinates: Latitude: 43 49 25.9, Longitude: -74 06 28.1. • Legal Description: Part of Lot 27, Range 3, Concession Broken Front Pickering as in D20998, Parts 1 to 4, 40R2628 & Parts 1 to 3, 401115853; S/T C0165240, D25962 Pickering C t . - e lip *4 r"g kw ~ . ~i _ N y~ h l[J G M!t✓~ f0. ~ 1\ '~r ~ • ' e n o 0 o c o 0 Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 U ATTAGiifVENT w 86 1-1111:1 onnp~ REPORT # PD TO TELECOM SERVICES i Health Canada: • Rogers Communications Inc. attest that the radio installation described in this notification 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 including any combined effects of nearby installations within the local radio environment. Public Access: • Areas where public access is prohibited will have access controls and be clearly marked. Fencing will be installed around the base of the tower and shelter. Environmental Assessment: • Rogers Communication Inc. attest that the radio antenna system described in this notification package is excluded from environmental assessment under the Canadian Environmental Assessment Act. Transport/NAV Canada: • The structure will meet Transport Canada's aeronautical obstruction marking requirements (painting and/or lighting) as set out in Canadian Aviation Regulations Standard 621.19, Standards Obstruction Markings. Engineering Principles: • Rogers Communications Inc. attests that all aspects of the proposed wireless installation will follow sound engineering principles including construction and structural adequacy Installation Description:. • The compound will feature a 30m tall tri-pole tower with a ground shelter for equipment. The antennas will be hidden behind a decorative shroud and a wooden fence and landscaping will help screen the equipment and compound. The area including access will occupy approximately 203sq.m. The site will feature three initial antennas (850 & 1900 MHz UMTS/HSPA) with space reserved for futures. f D EXAMPLE OF 30M STEALTH TOWER ELEVATION DRAWING AND APPLICATION 0 0 o a o o n o Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1 K9 ■ ATTACHMENT # TO 8 ORB SUMMIT REF'GRT # PQ_zJ~11- TELECOM SERVICES Land-use Requirement: • In lieu of a municipal protocol governing radio-communications and broadcasting antennas Summit Telecom Services will be following Industry Canada's default process as set out in their Spectrum Management and Telecommunications CPC-2-0-03 (Issue 4) Industry Canada: • General information relating to antenna systems is available through Industry Canada's Spectrum Management and Telecommunications website (http://www.ic.gc.ca/antenna) Closing date for submission of public comments is Friday May 6, 2011. Contact: Summit Telecom Services Industry Canada City of Pickering Cyrus Ghassabeh Room 909, 9th Floor Tyler Barnett - Senior Planner 25645 Royal Windsor Drive 55 St. Claire Av. East One the Esplanade Mississauga, Ontario L5J 1K9 Toronto, Ontario M4T 1M2 Pickering, ON L1V 6K7 Tel: 905.808.0073 Tel: (416) 973-8215 Tel: (905) 420-4660 Fax: 888.279.7863 Fax: (416) 954-3553 Fax: (905) 420-7648 Email: cyrus@summit-tel.com spectrum.toronto@ic.gc.ca tbamett(a),cityofpickering.com Summit Telecom Services Inc. 2645 Royal Windsor Drive, Mississauga, Ontario, L5J 1K9 g ATTACH(~4EPJT y TO REPORT # PD,_Xb- I~ PUBLIC NOTICE PROPOSED ROGERS WIRELESS COMMUNICATIONS SITE 30 METRE "STEALTH" TRI-POLE STRUCTURE SUBJECT: ANY PERSON may make a written submission to the individuals listed below by close of business May 6, 2011 with respect to this matter. • Wireless communications shrouded tri-pole tower, PLEASE TAKE NOTICE as the approval of this site and its design is under 30 metres high and will the exclusive jurisdiction of the Government of Canada through industry occupy a ground Canada, the City of.Pickering has no jurisdiction in this matter other than compound area of as a commenting body to Industry Canada and the applicant. For more 203sq.m. information contact the local industry Canada office at (416) 973-8215 • Location: 882 Kingston PLEASE FORWARD ALL COMMENTS AND REQUESTS FOR ADDITIONAL Road, City of Pickering INFORMATION TO THE FOLLOWING INDIVIDUAL: • Legal Description: Part of PROPONENT CONTACT: Cyrus Ghassabeh, Summit Telecom Services Inc., Lot 27, Range 3,' 2645 Royal Windsor Drive, Mississauga, Ontario, 1-5J 1K9, Tel: (905) 808- Concession Broken Front 0073, Fax: (888) 279-7863, cyrus@summit-tel.com Pickering as in D20998, Parts 1 to 4, 40R2628 & MUNICIPAL CONTACT: Tyler Barnett;Senior Planner, City of Pickering, Parts 1 to 3, 401115853; S/T One the Esplanade, Pickering, Ontario L1V 6K7, Tel: (905) 420-4660, Fax: C0165240, D25962 (905) 420-7648 tbarnett@cityofpickering.com Pickering KEY PLAN (NOT TO SCALE) • The facility will include (1) Radio equipment cabinet US ST and fencing around the base of the tower. The structure will provide wireless voice and data services along Kingston Road and the surrounding area. OR SITE LOCATION MAP P O AVE SITE INGSTON RD 1 a~ f 6 i " = HT f AC IIVIE=iV I e .S P - REPORT #;-PD Y pZ~ Ify ~cE 4e S°`d ia~e; 1 Z9f] ~ ~ NNW W¢ Sp$ O d~ RnB sp a $ ~~W O_I g jig E~ P4 ¢ _"a oil O 9"g yy g a3lx 1 i; zn 6 e" :5 383f1 4 9 i- ZO ; n °kkt?G LEIe~t~G l n3 O gill I °~a~F-~ t%`a y_ ~11~aBPad3a ~o.~pmea s sm ~8_ ag2ye 2 9 3 _ 3t n j i I s Z 9 lilv5( \Y~8\\bn I„. ~II I ~ ~ s O I \~;y\°\= I\ 1\°I aa~~ 1i F a~ ~rrce . \ y5 I \ d f ~ I si y g - _ 1 I L\ I\ a z °s iF O lip w p `s + \ gg @@ g $ $ M On J s~ y wcro.. . I s a` x to ao l a ~ I ~s ~ k -W k I I ~ I`c , e` 11~ 11 z~ ® ® 1` 1 e \ Y w 1 \ i ~s ~ ~ 11 1 I \ i \ 1 I \ I \ Ip ~ I \ 111 I \ I I\ \ k ~ .5 I 11N X11 \ ` ~ i \ ~ p~ I I r 11 I 1 i i 3c■ \ ~ ~ 11 ..'oY~ 6 I c2 ¢g i E l f f 2 f f f E E 11 ~ I 1 1 E8 C E xg g w'=.,,,nu T ' i 5 e a ~ C b a 2 ATT~jf NH AEI iT TO Q O REBURY PD-~` TITLE REPORT TO: LORI ELDERSHAW FROM: ZADIHA IQBAL SUBJECT: C3370 1. Registered Owner: THE INCUMBENT AND CHURCHWARDENS OF ST. PAUL'S ON THE HILL, DUNBARTON 2. Registry System FEE SIMPLE - LT CONVERSION QUALIFIED 3. Legal Description: PT LT 27, RANGE 3, CON BROKEN FRONT PICKERING AS IN D20998, PTS 1 TO 4. 40R2628 & PTS 1,TO 3, 40R15853; S/T C0165240, D25962 PICKERING 4. Property Identifier: 26317-0035 (LT) 5. Encumbrances: 6. Easements THE BELL TELEPHONE CO. OF CANADA a ATTACHMENT TO R Nva, # pD25~ 1 01 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 ~FTACH[,,E SIT # 5 TO 92 REPORT # PD .a~ 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 City Report To Planning & Development Committee PICKERIlyG Report Number: PD 26-11 Date: September 6, 2011 3 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Public Mobile Lease of Country Lane Road Allowance (South limit of Country Lane, between Highwayl and Highway 407, Lots 20 and 21, Concession 5) City of Pickering Recommendation: 1. That the Mayor and the Clerk be authorized to execute a lease agreement with Public Mobile substantially on the terms set out in Report PD 26-11, and to the satisfaction of the Director, Corporate Services and Treasurer and the City Solicitor; 2. That Public Mobile be advised that City Council has no objection to the proposed 40 metre high cell tower installation within the Country Lane road allowance (being part of Lots 20 and 21, Concession 5), based on the design and other details submitted with this request;.and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: In November 2010, Public Mobile submitted a proposal to construct a 40 metre high tri-pole lattice cell tower on City owned lands at the south limit of the Country Lane road allowance between Highway 7 and Highway 407. Since the submission of the initial proposal, Public Mobile has completed its public consultation process, in accordance with Industry Canada requirements. The applicant 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 location minimizes the visual impact of the tower, and staff are satisfied that the proposed installation will not preclude future development of the employment lands in this area of the Seaton Community. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 94 Staff support the lease of City lands for this purpose at this location for a term of ten years (with one ten-year right of extension) and at an annual rate of $20,000 plus HST. Funds generated through the lease of the lands will assist the City financially. The terms of the lease are generally consistent with a recent lease entered into by the City for a similar installation. Staff generally support the terms and conditions contained in the proposed lease, subject to review and approval by the Director, Corporate Services and Treasurer and the City Solicitor to ensure the City's interests are protected. Financial Implications: Public Mobile has offered to pay the City an annual rate of $20,000 plus HST for each of the ten years of the term of the lease. Sustainability Implications: Enhancement to the wireless coverage at this, location will'improve business and community communication capability. 1.0 Background: In November 2010, Public Mobile submitted a proposal to install a 40 metre high cell tower at the south limit of the City-owned Country Lane road allowance, adjacent to Highway 407 (see Location Map - Attachment #1). 1.1 The Proposal The proposed,installation is a 40 metre high tri-pole lattice communication tower and related ground cabinet. The compound and tower are proposed to be sited within the boulevard of the turning circle at the south limit of Country Lane. The base of the proposed tower is approximately 2.4 metres wide. The tower and associated ground cabinet will be located in a fenced compound measuring approximately 6.0 metres by 10.0 metres. The access to the tower and compound will be from Country Lane (see Applicant's Submitted Plan - Attachments #2 and #3). 1.2 Property Description Country Lane is a City road located southwest of Brougham, extending southwards from Highway 7. The road terminates in a turning circle adjacent to Highway 407. The lands on either side of Country Lane between Highway 7 and Highway 407 are owned by the Province of Ontario (Infrastructure Ontario). Lands south of Highway 407 in this vicinity are also owned by the Province. The nearest residence is approximately 260 metres from the proposed tower site. The lands between Highway 7 and Highway 407 are currently zoned Rural Agricultural, but are designated Natural Heritage System and Prestige Employment Lands in the Central Pickering Development Plan. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 q5 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 Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunications 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 the local community newspaper circulating in the area. Based on the proposed 40 metre tower height, the proposed installation required notification to the two adjoining property owners within a 120 metre radius. The applicant has indicated that they have provided written notification to the two adjoining property owners (both provincial government agencies) and placed a notice of the proposed installation in the February 7, 2011 edition of the Pickering News Advertiser. They also confirmed that no public comments were received as a result of the public 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. There are currently two cell towers in the immediate area that were examined as potential candidates for co-location with Public Mobile. The applicant has advised that the existing cell towers are located outside of their 300 metre search area and that they are currently at their engineering capacity. The applicant has also advised that the proposed tower would be suitable for future 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 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 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). Report PD 26-11 September 6, 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's 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 to be located at the south limit of Country Lane which is approximately 260 metres from the nearest residential dwelling. The compound can be accessed directly from Country Lane. As the tower is proposed at the end of a public road adjacent to Highway 407, no additional screening is recommended for this installation. The proposed location of the cell tower and compound have been examined against the proposed prestige employment and natural heritage system land use designations in the Central Pickering Development Plan. A provision in the draft lease allows the City, in any second term of lease, to require Public Mobile to move or alter their equipment if the City requires the lands for development, therefore the proposed cell tower installation will not preclude the development of the adjacent lands for future employment uses. The Toronto and Region Conservation Authority (TRCA) is also requesting a permit prior to installation. Staff recommend that City Council approve the recommendations in this report as the proposed installation is not located in proximity to incompatible and\or sensitive land uses and will not preclude the future development of the lands for future employment uses in accordance with the Central Pickering Development Plan. 3.0 Staff Support the Proposed Terms of the Lease Public Mobile has provided a draft of the proposed lease for the City's review, and has offered to pay the City an annual rate of $20,000 plus HST for each of the 10 years of the term of the lease, with an additional ten-year extension to be exercised at the discretion of Public Mobile (see Proposed Lease Agreement - Attachment #6). The lease is generally consistent with a recent lease entered into by the City for a similar installation in Duffin Heights. The proposed terms and conditions (other than remuneration) must still be reviewed and approved by the Treasurer and City Solicitor prior to execution, should Council approve the leasing of the lands for this purpose. All required conditions from affected agencies, including TRCA and MTO, will be addressed prior to finalizing the lease. Report PD 26-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 5 97 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 6. Proposed Lease Agreement Prepared By: Approved/Endorsed By: Tyler Barnett Neil Carro , RPP Senior Planner -Site Planning Director, 131 1 & D velopment (&Ld Marg Wouters, MCIP, RPP Everett Buntsm Manager, Development Review Director, Community Services & Urban Design TB:Id Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City C ciI 012 l1 Tony Prevedel, P.Eng. Chief Administrative Officer E ATTACHltr ENIT # TO REPORT 0 PD 20-11 98 BROU HOMY ORCKM MCA APPROXIM TE LO ATION OF CELL IGH~ R ( O.Om HIGHWAY 4 7 HOMY Q" City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 5 Road Allowance between LOT 20 & 21 07\ OWNER City of Pickering DATE June 29, 2011 DRAWN BY JB FILE No. Installation # 37 - Public Mobile SCALE 1:10000 CHECKED BY TB H a oureu• T.wn.t Ent.rpAu. Ine, and Ib .u pli.r.. All MOht. R--dn PN-RUR 2000 MPAC and IV .u Ii.n. All A ht. R...rv.d. Net a la o} Surv ATTACHMENT # Z TO REPORT # PD_ 9 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (SOUTH LIMIT OF COUNTRY LANE) I HCMAY He. 7 ' xsv..ue..vc 1A-nw wvr.:..e: s ec a VN .aw.] Ml ' „r3 -i °Ttr..ml I P1 r I ~ I I ¢ ri i t I W II , I P ~J I I! ~l I li I J ry I.- rl Z I s 11 0 U 1 I j'_a I - 1 I ~i ly I' ' a I 11 li ii ~ I COMPOUND DETAIL I k~ I I e y } it ri~~ I ~ i• { V I f`i I "Ilk Q 1 I t ~ I~ r I 1 I i e U ~ .eKn>a, ~ rr <sy ioocrl-`>t e.rr I I I~',,,_ta { J li CHWAY 140.407 { THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. 100 ATTACHMENT # 3 TO REPORT PD_ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (SOUTH LIMIT OF COUNTRY LANE) 'f O 1 ar THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. ATTACHMENT To 1 01 REPORT # PD SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY Prepared for: The City of Pickering Prepared by: Public Mobile Friday, August 12, 2011 To REPUR 1 # PD 27-77- 102 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 Map 1 - Proposed Site Relative to Existing Towers Map 2 - Location Map Showing Distance to Nearest Residential Dwelling REPORT # PD_ ro TO 103 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 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. 1 0 ATTACHMENT # TO REPORT # PO 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. Q C.Z.7i.Y7t7n~nrx~ C~IL+ ~jr ~ I:~:i r z cs - - Continueus wireless service G Each cell enly serwas a fixed numbe, 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. m~ ~QD Figure 2 ATTACHMENT # TO REPORT 105 # PD -/I 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. • f uJ V w.~ ~lV:.•.J W C3~i.~ ~itj~[j I • ~ C!T_-~II17f7➢ J • !r's7el[I~~* { . • 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 developing area along the 407 and Highway 7 corridors. 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 on the road allowance at the southernmost end of Country Lane Road, just north of the 407. The location is on a road allowance owned by the City of Pickering. 106 ATTACHMENT # TO REPORT # Pi 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. g Alterations to g Further alterations c original antennas = to original antennas include: direction, o „ azimuth, etc. LL LL Implemented Futures Addition of Alterations to original r t „ - 2nd Wireless Carrier v 2nd Wireless Carrier antennas s Additional Netwok S Technologies/Equipment 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 + space and engineering capacity. Each antenna array 4 i requires a separation of vertical space so they do not I A.. create interference with each other see.fi re 5 i Interference with other antennas occur when there is less than 1 metre separation. The signal quality is reduced. Figure 5 ATTACHMENT # TO 1 0 7 REPORT # PD___ 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 1 S` carrier is able to locate its next tower further away from the collocated tower that either the 2"d or 3rd carrier. Q.ya . ~ : ~ lsr~..:tr.~41 cs tl 3C•Jt1 ~ i • ct"iT%J t i ~~1L~5 : • . C] IiZ L-'.7J~LT7 Q~+7;~ ~tT:~11 fi~1WT,0 U- fix} i ~r J , Figure 6 • • • o 6ZW %b W C~~j{[~X~•IA~ ^ o YQ,Zi s i CTL1~~C•~1 Y~iT!~•::TiZ~a ~~.jC•ZT,rIL~.l7 : r . /a'L~'~X~~l•7~~~~•]!bX!1GX•] • ^ ~Q~] ~+3(lJ a • ~•?CK•]1L•I•~3~+3 l ~1, i4 `~F 1 j - '1 ~ G NOON TiMw i. 7. j}1 ~ 1 ;1 Figure 7 III ATTACHMENT # TO 108 REPORT 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 loadina causes towers to twist a WIND -.c e WIND t woo 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 F i ATTACHMENT # '4 TO 109 REPORT # PQ_ RESULTS OF OVERLOADING A TOWER TOWER LOADING 1 WIND 1 WIND 1 A tower is designed to support its equipment load and withstand A tower is designed to support and withstand site specific loading. Exceeding the limits will compromise the tower's wind and/or ice loading that is speck 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. While there are two existing towers in the area, see map below, neither is suitable to support the proposed facility. Tower A is unsuitable for co-location as it is government owned and operated facility which prohibits private telecommunication carrier occupation. Tower B is suitable for co-location; however the height available on the tower, approximately 20 metres and its extreme distance from the original search ring (over 1 kilometer) will not meet the minimum line-of-sight requirements as identified by Public Mobile engineers. ~ I 1 Map 1 - Proposed Site Relative to Existing Towers ATTACHMENT # 1 1 0 REPORT # pQTO 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. There is a tower owned by the Coast Guard approximately 877 metres from the proposed location. This tower is too far outside Public Mobile's coverage requirements and is at engineering capacity as described previously. So co-location is not an option on this tower. 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 198.2 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 road allowances. allowance. The location was specifically chosen in order to minimize the visual impact of the tower. The nearest existing residential development is 260 metres away from the proposed tower location. (see map 2 below). ATTACHMENT # 7 TO 3. Location REPORT # PD_ The proposed site will be located on: PART OF ROAD ALLOWANCE BETWEEN 'LOTS 20 AND 21 CONCESSION 5 Full Legal Description: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20 CON 5 PICKERING AS IN P143448; PICKERING Tower Centre Co-ordinates: 43 54'44.4"N 79 06'52.1"W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 203.6 sq.m fenced compound and is not accessible to the general public. f II y ~ 26-i. ✓'w C j ! ~ ~ - ..s..;.. - -~•yr-~ _ -y~ 'ems ~y F• e a K.• r >,r r 1. ~ / Z ~ • ~ • R .i a t. r ' R. ter. N ~t3- "-`~•~a ~d xs~ , ,.Z;~; Map 2 - Distance to nearest residence I ATTACHMENT #-4-/ TO 7J REPORT # 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 self support tower. The installation will respect good engineering practices including structural adequacy at all times. ELEVATION PLAN NOT TO SC&E f T 3. A9 [ 1. ~ Figure 11: Tower design and elevation according to site survey w ATTACHMENT # 4 TO REPORT # PD- 2 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. i i I ATTACHMENT # REPOR7 # P _ TO 5 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 I (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 ATTACHMENT #e TO REPORT # Pp Z (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 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 Part of the Road Allowance Between Lots 20 and 21 Concession 5, in Pickering complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP I ATTACHMENT # TO REPORT # PD 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 February 7/2011 edition of the Pickering News Advertiser. For your reference please see the public circulation package (newspaper article, public brochure and circulation map) included below. ATTACHMENT #-J/ REi'OR7 TO # PD PUBLIC NOTICE~.._. a PROPOSED WIND MOBILE 40-METRE STEEL TRI-POLE TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed below by Thursday, March 17, 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: At the southern a commenting body to Industry Canada and the applicant. most end of Country Lane Rd. between lots 20 and 21 in the ADDITIONAL INFORMATION relating to the proposed Tower and site is City of Pickering; Site is available for review between 8:30 am and 4:30 pm, Monday to Friday at the located approximately 450m City of Pickering municipal offices. Further information may also be south of hwy 7 and 1.5km obtained through the following contacts: west of sideline 24. Public Mobile - on contract to: City of Pickering contact: • Part of the Road Allowance between lots 20 and 21, FONTUR International Inc. Tyler Barnett Concession 5, City of 30 East Beaver Creek Road Senior Planner Pickering, Regional Suite 104 City of Pickering Municipality of Durham Richmond Hill, ON L4B 1J2 One the Esplanade, Pickering, ON L1 V 6K7 • The facility will include 1 Fax: 866-234-7873 lattice tri-pole tower and 1 Email: Tel: 905-420-4660 ext. 2042 radio cabinet as well as ON PCK0562.publicmobile.info@ Email: fencing around the base of fonturinternational.com tbarnett@cityofpickering.com the tower. The tower will provide wireless and data SITE LOCATION MAP services. KEY PLAN (NOT TO SCALE) a A ~,Zf 1 7 Z_ ccS~~C . O_ HIGHWAY No 7 N - O a t.Jl 0 SITE v E.T.R. HIGHWAY No 407 o: x 0 w Figure 12 - Newspaper Article: Original Template ATTACH ENT #____'5-/ TO REPGRT # PD~.Z~//q 19 acrz_ . PUBLIC-NOTICE - ' PROPOSED WIND MOBILE 40-IIAETRE STEELTRI-POL'E TELECOMMUNICATIONS TOWER SUBJECT . • careless steel tri-pale tower 40 metres tall.and"ANYPER$ONmaymakeavrrittensubmission will occupy.art area of 0 02 hectares.: to the.;individuals listed below by Thursday, • Location At the southern most end of Country Marc ti`17, 2 1with-respect to this matter. Lane Rd. between lots 20.ani 21 m the City of PLEASE TAKE NOTICE as the approval of Pickering;: She is:located approxlmatelyA50r`rj this' :6 and its design is under the exclusive south of hwy 7 and 1.5km west of sideline 24 tunsdiction of -the Government of Canada • Part of the Road Allowance between lots 20 and through Industry Canada, the City of Pickering 21, Concession 5, City of Pickering, Regional has no jurisdiction in this matter other than as Municipality of Durham a commenting body to Industry Canada and ` • The facility will include 1 lattice tri-pole tower the applicant. and- 1 radio cabinet as well as fencing.around.. ADDITIONAL INFORMATION relating to the the base of the tower. The tower will provide proposed Tower and-site isavailable forreview g wireless and data services. between 8:30 am and 4:30 pm, Monday to ' Friday` at the . City of . Pickering municipal SITE LOCATION MAP offices. Further information may also be u obtained through the following contacts: K _tAlhll { PublIc Mobite - on contract to: y. a FONTUR International Inc. a ,30 East Beaver Creek Road s Suite 104 y r 7. Richmond Hill, ON L4B 1J2 Fax: 866-234-7873 - Email: ONPCK0562.publicmobile.info@ 3 fonturinternational.com City of Pickering contact: €t.tt wpvo Tyler Barnett Senior Planner City of Pickering , One the Esplanade, 55t~ Pickering, ON L1V 6K7 m Tel: 905-420-4660 ext. 2042 --Email: tbarneft@cityofpickering.com Figure 13 - Newspaper Article: As listed ATTACHtviENT ~TO What about health & sofety? ' How do I aet involved? Health cnd safety are paramount to Public Mo- ( Public Moble is comrniffed to public consultation. bile. HeclfhConoda has established elecko- I You are invited to provide comments to Public M0- ` magnetic expostte gtldeines, known asSafety I I bile about this proposal by mci, electronic mrnT or j QQQ i Code 6, to ensure the sofa operation of wireless fox In order to ensure your comments are consd- Public antenna installations. Public Mobile ensures erect pa v u ' day, March t tres red byelaw at business Thurs- tfat all of its facliies operate well below the you mus 7,2011 to: MOBILE' allowable limits measured, taking info account ; oil pre-ekisfing sources and combined effects of T-ONTUR Inierrmtional addifional comer coaocatons: in fact, this site 30 East Beaver Creek Road, Suite 104 will be thousands of times below the allowable Mchmard Kill, ON L46 1 J2 j I-snifs. Fox: 866-234-7&3 I Email: i i OWPublic Mobile attests that the radio antenna, OFPCK0562pub'FCrrxffioentaQCtordurmtaratxmol.cam Community system described in this notificaion package willbecorutructed-+n compliance Wth the No- Your Industry Canada contact floral Buildreg Code of Corrado which includes : N otifi c ati o n oilapplicableCSARatio Communicatons . Regulations. ATTENTION: Tower Issue - Part of the Rood Allow' Once Ba4reen Lois 20 and 21, Pickering, ON- Regulotoryandconsultativeprocedures fortel- ONPCK0562 i For a 40m Telecommunications ecornmunicaliors antennas can be found in ' Tower Industry Carade's CPC 2-0.03 Issue 4. Torw*0 DW,k;l o6ce Room' 0M, 41h Floor i Public Mobile attests that the rodio antenna 55 St- Clair Avenue East system described in this n otficoion package Toronto, ON WT 1 M2 will comply with Transport Canada /NAV Cara- Telepfane:416-973M15 i Located at daaeronauficolsafety requirements. Public Fmc416-954-3553 Mobile has mode all neceuary applications to Email: spectrum toron'o Sic-ac.ca TronspodConadaandNAV Canada and will ; Part of the Road Allowance undertake to provide these requirements when Your land use authority contact I Between Lots 20 and 2,1, they are made available. Pickering, Ontario The proposed facility would include one locked, Tyler Barnett, Senior Planner alomaedandelectronically monitored mechcn- DevebpmentRevievr i icai eauipment shelter. Fencing would be in- City of Pickering stalled around the base of the tower and One The Esplanade i Pickering, ON L I V 6K7 Public Mobile Site Code locked gate cers point. Tel- 905-42G4660 ext-21142 ' lacked gate access pant. Ema ON PC K0562 ul: !barnetfs~ritvofaickerno.com For more information General information from IrxAistryCarada: http-//straiegis-ic.gc-caloreternci Healfh Canado's Safety Code 6: hfpJMwww-ic.oc,cafe0c/site/sort-osi.mf/en/ 00590ehirnl Figure 13.1 - Public Circulation Brochure, side 1 ATTACHMENT # TQ REPQR7 4 PQ 210,//= 1 21 Your local land use authority ; Why is a new tower required? What will it look like? I In recognition of the Federal Government's exdu- A radio cnienno end tower are the two most im- Public Mobile is proposing a 40m steel monopole live Wisdiction and in on attempt to promote bol- partant ports of a radio communicafion system. tower to improve upon the overall poor coverage ante. IndustryCorw=b requires fhai proponents of i The antenna is needed fo send and receive sig- in your area. telecoarnunicafion facilities consult with land use I rots for the radio station. The tower raises the on- authorities as part of their licensing process. The fenny above obsfructions such as frees and build- Below is an image of a tower similar to the one pro- requirement to consult can be found in Industry ings so that it can send and receive these signals posed. Canado's document, Client Procedure Circular clearly, Each radio station and its antenna system (CPC) 2-0-03. The purpose of consultation, as cut- 6ncluding the tower) provide radio coverage to a lined in CPC 2.0-03, is to ensure that land use au- specific geographic dreo, often called o cell. The thorities are aware of significant antenna structures antenno system must be carefully located to en- and/or installations proposedwilhin their bourda- sure that it provides o goodsignal over the whole r riesandthat antenna systems aredeptayedina cell area, without interfering with other stations. In manner which considers local surroundings. areas where there we many cells, the antennas I~ I do not need to be very high. Where the cells are Consultation must respect the Federal Govern- larger, the antennas must be higher above the ment's exclusive jurisdiciionand.specificctydoes ground level in order to provide good radio cover- h { not give a municipality the right to veto the pro- age for the whole area. posal. As a result, this proposed wireless facility do es notrequirepermitting ofaanykird.Similarly, In this case, Public Mobile has determined the I '~1tyl mnirg7 by-laws and site plan approvals do not ap• need for new antennas in the area in order to ad- tofhesefacilities. equaiely provide contiguous coverage and ser- Ply vice to our future customer base in the along the Notwithstanding the Federal Government's exalu, 407 corridor between Brock Rd. and the 24th 5ide- sive jurisdiction, Public Mobile is camrriffted to corn j line. Public Mobile close this site In order to avoid sultation viith the local land use auifority (The City problematic situations for our future customers ~i. of Pickering). The city does not have a council- such as poor voice and data quality, dropped adopted protocol or policy related to this proposal- coils, or even the inability to place a mobile call in ! I('~ This public notificaton has been designed to pro the sLd*cf area. vide all the necessary information as required by Industry Canada to those properties that fail within KEY PLAN the notification radius. (LTTO CALE) Wh ere will it be located? & Z The proposed site of the tower is at the southern most end of Country Lane between lots 20 dud 21 WHWAY No 7Q m * ; 3i concession 5, between Brock Rd and the 2tfh5ide- { w t' " line, j The geographic coordinates for the site are: G"] Latitude (NAD83) N 43°54'44.63" ~Z - • - Longitude (NAD83) W 79°6'5226" n 5~ S Public Mobil estrongly supports co-location onexst- E.T.A. wCHWAY No e07 What about the environment? ing towers and structures. The use of existing strut Lures rninimires the number of new towers required c Public Mobile attests ttsat its radio antenna system in a given area and is generally a more cwt effeo- described in this rofifcation package will comply five way of doing business. Unfortunately in this I case, there were no exising structures in the arec with the Carodran Environmental Assessment Act, to be considered, as this facility is excluded from assessment. I Figure 13.2 - Public Circulation Brochure, side 2 ATTAICH fEN f i V 2 2 REPoRz # SUBJECT PROPERTY PLAN sr-Am 1:70.000 0 N HOMY No. 7 r----------- it II I . fl 11 it - II i1 - 11 Paopos~vo r 11 ILDOUPOUNO !~S P•tlY ~ 11 tip f 4Ql~ ! 1 120 rR NOTM1Z AMOK PAWS ! I F:OU PIROPOSED TPOPOLE 11 A tl a1 PW 21 ; x2-0065 PW 2M2-0006 It ll~ J I~ it u if 1! it 11 ` I. fl g if a$ li 11 11 t! 11 11 I[ It IL 11 It It fl If I{ II ---J L_-- - - WMEVALE RM ~ ROAD ALt7W44CE WOSEN C0f4*ASS M 4 A90 5 Figure 14- Circulation Map Er~T - V 0 123 az rachr~ P© Notification in writing was sent to: REPORT ; Her Majesty The Queen In Right Of Ontario As Represented By The Minister Of Public Infrastructure Renewal (C/O 7 Queen's Park Crescent, 7th floor, Toronto, Ontario, M7A 1 Y7) with respect to PT LTS 21 & 22 CON 5 PICKERING;. PICKERING, REGIONAL MUNICIPALITY OF DURHAM And Ontario Land Corporation (C/O 1 Dundas Street West, Suite 2000, Toronto, ON M5G 21,5) with respect to PT LTS 19 & 20 CON 5 PICKERING 1 FT RES PL530 LYING ON SLY LIMIT OF DONNALEA AVE PL530 PICKERING AS IN D101249 EXCEPT PT 2, 40R5682, PTS 1 & 2, 40R10518, PT 1 40R4340, PT 1, 40R4339, P143488; PICKERING No responses were received. Please note that the deadline for public comment was March 17/2011. On March 18/2011, 0 comments or concerns had been addressed by the public regarding this proposal. ATTRCHMENt # 5 To REPORT ~ PD ~ ~,-1 ~ 1 24 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; ri 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 - i 4TTACHMINIT # 5 To 1 2 5 P" 0,1111 # PLC p Jl 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 1 2 6 ATTi~C'r','4f~7_ 6_ i o RENUR l ft PO File: ONPCK0562 .SITE LEASE This Lease is made on this 1st day of September, 2011 BETWEEN: The Corporation of The City of Pickering (the "Landlord") and PUBLIC MOBILE RETAIL INC. ("TENANT") The Landlord represents and warrants that it is the owner or lessee of the real property described in Schedule "A" (the "Premises") or is the duly authorized agent of such owner or lessee and has the authority to enter into this Lease. The Landlord has agreed to grant to TENANT a lease of a portion of the Premises, being the area(s) described in Schedule "B" (the "Site"). NOW THEREFORE in consideration of the rent payable by TENANT to the Landlord, the Landlord hereby leases to TENANT the Site together with its appurtenances herein described, subject to the covenants and obligations contained in the attached Terms and Conditions, and to such further specifications as are contained in Schedules A, B, C, D and E attached hereto, the whole forming the lease between the parties (the "Lease"). The Landlord grants to TENANT for the duration of the Lease: (i) the right to construct, install, maintain and use on the Site such equipment, devices, and facilities (collectively, the "Equipment") as may be necessary or useful from time to time for the purpose of carrying on the business of TENANT as a telecommunications service provider as per Schedule "B"; (ii) the right to install concrete moorings as required in order to ensure the stability of certain exterior Equipment; (iii) the right to build, maintain, occupy and use on the Site such enclosed structures as are required from time to time for the purpose of housing any part of the Equipment (the "Shelter"), including the right to renovate for such purpose any interior space included in the Site shall not occupy or block the travelled portion of the Premises; (iv) the right to access the Site, the Equipment and the Shelter on a 24/7 basis, on, over and through the Premises, with personnel, vehicles and equipment, as required, provided that the TENANT shall not occupy or block the travelled portion of the Premises; and (v) the right to use the Site, including the Shelter and the Equipment, for the purpose of carrying on a telecommunications , business. TO HAVE AND TO HOLD for a term of ten (10) years commencing on September 1, 2011 (the "Commencement Date") and ending on the day immediately preceding September 1, 2021 and any extension term as provided herein (the "Term"). Address of the Landlord: THE CORPORATION OF THE CITY OF One The Esplanade PICKERING Pickering, Ontario L17 6K7. Attention: City Clerk Facsimile: 905-420-7648 Telephone: 905-420-4660 Mayor HST Registration Number: R108078593 Clerk Address of TENANT: PUBLIC MOBILE RETAIL INC. 1920 Yonge Street, Suite 400 Toronto, Ontario M4S 3E2 Attention: Real Estate Department 4of9 127 AT7ACU i:.,. JT 6 CO File: ONPCK0562 r ~~cPT # PD 2(v-11 - TERMS AND CONDITIONS 1. Rental Rate. For the rights granted by the Landlord to TENANT, TENANT shall pay to the Landlord rent in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00) per annum (the "Rent") plus any applicable provincial sales tax and harmonized sales tax, on or before the Commencement Date for the first year and the anniversary of the Commencement Date for each subsequent year during the Term. Rent, and any other amount payable by TENANT to the Landlord under the terms of this Lease, shall be tendered at the address of the Landlord specified herein, or at such other address as may be duly notified to TENANT by the Landlord. 2. Riuht of Extension. The Lessor hereby grants to TENANT the right to extend the initial term of this Lease for one (1) further and consecutive period often (10) years. Such extension shall take effect automatically and without further notice, unless TENANT gives notice to the Lessor, at least ninety (90) days prior to the end of the current term of this Lease, that it shall not exercise such right of extension. The extension term will be subject to the same terms and conditions as apply during the initial term except that the annual rent in such extension term shall be equal to the fee prevailing in the year immediately preceding the beginning of such extension term, changed by an amount equal to the change in the Canadian Consumer Price Index (all items) in the immediately preceding term. 3. Termination by TENANT. If, at any time during the Term, TENANT determines that operating the Site for the purposes declared herein is or has become commercially impractical, for any reason, TENANT may terminate this Lease without damages or penalty upon sixty (60) days prior written notice to the Landlord. In the event of such termination, the Landlord shall refund to TENANT any rent paid in advance for any period of time subsequent to the effective date of termination. 4. Covenants of TENANT. (a) Safety and Maintenance - TENANT shall install, operate, and maintain its Equipment and the Shelter, in a good, safe and workmanlike manner. (b) Taxes, Rates and Assessments - TENANT will pay as and when due all applicable taxes, rates and assessments, that are levied, charged or assessed with respect to any business carried on by TENANT on or from the Premises including, but without limiting the forgoing, realty taxes. (c) Electricity Charges - TENANT shall pay for the electricity charges attributable to the operation of the Equipment at the Site either by having installed a separately metered electrical service or, in circumstances where the local utility will not install a separate meter, by installing a submeter and paying the Landlord's invoices for electricity based on the submeter readings and the actual tolls of the local utility. The Landlord is responsible. for reading the submeter once every three months and invoicing TENANT accordingly no less frequently than on an annual basis, failing which TENANT may fully discharge its obligation to compensate the Landlord for electricity consumption by tendering payment of a reasonable estimate of the electricity charges for usage in the previous year. No claim may be made for electricity charges with respect to usage not invoiced more than one year in the past. (d) Government Regulation - TENANT shall, at its own expense, at all times ensure that the installation, operation and maintenance of its Equipment, and Shelter, comply with all required laws, directions, rules and regulations of relevant governmental authorities, including all applicable building codes, and Industry Canada and Transport Canada requirements. (e) Removal of Equipment - TENANT shall quit and surrender possession of the Site within ninety (90) days after the expiration or termination of this Lease and shall remove its Equipment and Shelter from the Premises within that time and the premises shall be restored to its original condition, reasonable wear and tear excepted. Tenant shall be required to remove conduits, concrete foundations (to one (1) metre below grade) upon expiration or termination of this Lease. (f) Interference - TENANT covenants that TENANT operation of its radio system(s) shall not cause material interference or degradation of any other signals lawfully transmitted or received within or on or over the Premises. TENANT shall use all reasonable efforts to correct such interference or degradation, where reasonably demonstrated, upon receiving written notice from the Landlord. (g) Insurance - TENANT shall at all times throughout the Term maintain insurance coverage for: (i) All-Risk Property loss covering the full insurable replacement cost of the Equipment and the Shelter without deduction for depreciation and with reasonable deductibles; and (ii) Commercial General Liability in an amount not less than Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage. The Landlord shall be included as an additional insured in all such policies, but solely with respect to liability arising out of the operations of TENANT at the Premises. At the Landlord's reasonable request, TENANT shall provide a memorandum of insurance confirming that policies as required herein are in force, and shall notify the Landlord of the cancellation of any such policy. Such insurance policy shall provide a waiver of Subrogation, a Severability of interests provision and not be cancelled except on not less than 30 days' written notice to the Landlord. 5. Covenants of the Landlord. (a) Quiet Possession - The Landlord covenants that TENANT shall peaceably and quietly hold and enjoy the Site and its appurtenances, subject to the terns and conditions of this Lease. The Landlord shall not make any change to the Premises and its appurtenances that could adversely affect access to or use of the Site by TENANT at any time throughout the duration of this Lease without the prior written consent of TENANT, which consent may not be unreasonably withheld. (b) Access - The Landlord shall provide to TENANT and its authorized representatives and agents such additional rights of access as are necessary from time to time to construct, install, maintain, repair, replace, reconfigure and operate the Equipment and the Shelter, including but not limited to the right to connect the Equipment to local utilities, to install underground or overhead telephone or power lines in any combination, and to install conduits for fibre or telephone cabling or both of them. 5 of 9 l 128 ATTACCH;.~:AT TO FE=IVRT # pL File: ONPCK0562 (c) Emergency Power - TENANT shall have the right to install and operate an emergency power generator on the Site, including such cabling as may be required to connect the generator to the Equipment, for its own use while public utility service is not available for any reason. TENANT shall pay all costs attributable to such installation and operation. (d) Premises Maintenance - The Landlord hereby agrees to provide not less than thirty (30) days prior written notice to TENANT of any repairs, additions or maintenance (collectively the "Work") to take place at the Premises, which may have an impact on the Shelter or the operation of the Equipment. The Landlord further agrees to meet on-site with TENANT and to make available the contractor(s) involved with the Work, not less than fifteen (15) business days prior to the commencement of the Work to review the Work and the related impact on the Shelter or the Equipment, except in the case of an emergency situation requiring immediate intervention to preserve the structural integrity of the Premises. The Landlord further agrees to make a reasonable effort to inform TENANT as soon as possible of an emergency situation that may have an adverse effect on the Shelter or the Equipment. . (e) Interference - The Landlord may subsequently to this Lease grant rights to third parties to install other or additional telecommunications transmission equipment on the Premises, provided that the operation of such other or additional equipment does not interfere with the operation of the Equipment. The Landlord shall provide TENANT with sixty (60) days written notice of the proposed new installation, and TENANT shall thereafter work with the installer and operator of the new equipment to ensure that the proposed new installation does not interfere with the operation of the Equipment. The Landlord shall, as a condition of the grant of any rights to third parties to install other or additional telecommunications transmission equipment, stipulate that such party must collaborate with TENANT as described above and must refrain from installing and operating any such equipment until TENANT has detemuned; acting reasonably, that no material interference with the operation of the Equipment will result. The Landlord shall include an interference clause substantially the same as this subsection in any instrument used to grant rights to third parties to install other or additional telecommunications equipment on the Premises. The TENANT shall cooperate reasonably with all such third parties. 6. TENANT' Equipment. The Equipment and the Shelter shall remain at all times the personal. and moveable property of TENANT, and not become fixtures, notwithstanding the attachment to any degree or in any manner of any part of the Equipment or the Shelter to the Premises. TENANT shall with written consent have the right to make alterations or improvements or both at the Site at any time during the Term including, but not limited to, the replacement, expansion, reconfiguration or addition of transmission facilities of any kind, towers and/or antenna mounts, equipment shelters and/or additional radio equipment as deemed necessary by TENANT. Notwithstanding anything else contained in this agreement no initial work alteration, improvement, replacement, expansion, reconfiguration or addition on the Site shall commence until the Landlord reviews and approves the plans and issues the Building Permit. 7. Landlord not Liable.. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of the Landlord or the Landlord's employees or those persons authorized by the Landlord to be on the Premises, the Landlord shall not be liable to or indemnify TENANT for any inconvenience to the operations of TENANT at the Site, or damage to the Equipment or the Shelter, or injury to any person occupying the Site. 8. TENANT not Liable. Except for the negligent acts or omissions or the willful and wrongful acts or omissions of TENANT or TENANT's employees and those persons authorized by TENANT to be on the Premises, TENANT shall not be liable to or indemnify the Landlord for any costs incurred or losses or damages or injury suffered by the Landlord. 9. Confidentiality. Intentionally deleted. 10. Default. Either party may at its option and without further liability to the other party terminate this Lease:. (i) upon the material default by such other party in the performance of any of its covenants or obligations under this Lease, if such default is not remedied within thirty (30) days of the party in default receiving written notice of such default, or within such longer period as is reasonable in the circumstances so long as the party in default is diligently moving to implement remedial action; or (ii) subject to the rights granted by TENANT' financing arrangements, as authorized herein, if such other party becomes insolvent, ceases to do business as a going concern, is adjudged a bankrupt or made subject to the appointment of a receiver-manager, makes a general assignment for the benefit of creditors, or takes the benefit of any statute in force for the winding up or liquidation of business enterprises. 11. TENANT' Financine Arraneements. The Landlord acknowledges that TENANT has entered into, and will be entering into, certain financing arrangements which may require an assignment as security or hypothecation of TENANT' rights and obligations under this Lease, or the creation of security interests in the personal or moveable property of TENANT located at the Premises. The Landlord consents to any such assignment as security, hypothecation or grant of security interests, and to any transfers occurring on the enforcement of same. The Landlord shall, at the request of TENANT, acknowledge in writing the foregoing in such form as the relevant financier may reasonably require. For the purposes of this section, TENANT is executing this Lease for itself and as agent for the financiers with whom TENANT may be entering into financing arrangements from time to time as acknowledged herein. 12. Reeistration. Intentionally deleted. 13. Encumbrances. Intentionally deleted. 14. Assienment. Except as otherwise permitted herein, this Lease shall not be assigned by TENANT without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. The Landlord will be considered to be reasonably withholding its consent if it does so on the basis of any of the following factors, as determined by the Landlord: (a) the financial condition of the proposed assignee, or (b) the proposed assignee's lack of expertise or reputation with respect to the operation of equipment similar to the Equipment. The term "assignment" when used herein shall include bankruptcy or change in corporate control of the Tenant as well as seizure, realization or execution against this Lease or the Equipment by any creditor of the Tenant. In the event of a permitted assignment, the assignee shall agree to be bound by the terms of this Lease and the TENANT shall remain liable hereunder. Notwithstanding the foregoing, TENANT may, without consent of the Landlord: (i) assign its rights and obligations under this Lease to any affiliated entity including a partnership; (ii) sublet all or any portion of the Site and its appurtenances to any affiliated entity including a partnership; and (iii) license any portion of the Site and it's appurtenances to a third party, for use as a telecommunications site. Whenever the Landlord's consent is required by virtue of these provisions, such consent is deemed granted if Landlord does not respond within fifteen (15) days to the written request of TENANT for such consent. 6 of 9 12 91 _1 File: ONPCK0562 L- r , UP u PD 15. Successors and Assigns. This Lease shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the successors and permitted assigns of TENANT, and no assignee or successor of the Landlord shall challenge the validity or enforceability of any provision of this Lease and every assignee or successor of the Landlord shall be bound by all the obligations of the Landlord hereunder. Upon a conveyance or assignment of its interest in the Premises, the Landlord shall provide TENANT with written notice of the identity of the successor or assign and the address at which the rent shall be tendered and notices given pursuant to the conveyance or assignment. 16. Overholding. In the event that TENANT remains in possession of the Site after the expiration of the Term, TENANT shall be deemed to be occupying the Site as a Tenant from month to month at the current monthly rent, or if the rent is payable annually, one twelfth (1/12) of the annual rent. The rent shall thereafter be payable monthly in advance on the first day of each month following the expiration of the Term, with all other rights and obligations of this Lease remaining in force to the extent they may apply to a month to month tenancy, subject to the proviso that neither party may terminate the month to month tenancy except by giving ninety (90) days written notice to the other party. No extension of the Term, nor any new Term, nor any tenancy from year to year will be created by implication of law through overholding. 17. Expropriation. Intentionally deleted. 18. Governing Law and Jurisdiction. The provisions of this Lease shall be governed by and interpreted in accordance with the laws of the province in which the Premises are located. The parties hereby attorn to the exclusive jurisdiction of the courts of that province. 19. Entire Lease; Survey. This Lease cancels and replaces all other agreements between the parties with respect to the Premises. This Lease contains the entire agreement between the Landlord and TENANT with respect to the Premises and expressly excludes all prior representations and discussions, either oral or written, between the parties other than those set forth in this Lease. Each parry acknowledges having obtained adequate explanation of the nature and scope of each of the clauses of this Lease, and having had the opportunity to consult legal counsel with respect thereto. Except as otherwise provided herein, this Lease may not be amended or modified except by written instrument executed by both parties. 20. Facsimile Transmissions, Notices. This Lease may be executed, amended or renewed by either party by facsimile transmission, and receipt of a copy of the document so executing, amending or renewing this Lease shall bind the transmitting party to all the terms and conditions contained therein. Any notice required or authorized by this Lease shall be deemed to have been properly given if by personal. delivery at any place, or by registered mail, courier or facsimile transmission to the address or fax number specified herein or to any other address or fax number duly notified by one parry to the other. 21. Severability. Any provision of this Lease that is determined to be void or unenforceable in whole or in part, shall be deemed unwritten and shall not affect or impair the validity or enforceability of any other provision of this Lease, which shall all remain binding on the parties. 22. Authorization. The Landlord hereby authorizes TENANT for the entire duration of the Term, to use the correspondence attached at Schedule "D" (the "Authorization Letter"), to obtain from any person, corporation or government authority, any information regarding the Premises that TENANT may require for the purposes of exercising its rights under this Lease, and the Landlord agrees to execute the Authorization Letter from time to time as reasonably requested by TENANT for these purposes., 23. Environmental. Landlord represents that it has no knowledge of any substance on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, provincial or local law or regulation. Landlord shall be responsible for any pre-existing contamination of the Site. Landlord and Tenant shall not introduce or use any such substance on the Site in violation of any applicable law. 24. Redevelopment. Notwithstanding any term or provision to the contrary in this Lease, in the event Landlord intends to redevelop, subdivide, rezone, demolish, reconstruct or alter (collectively "Redevelop" or, as a noun, "Redevelopment") the Site or any portion thereof, then, to the extent necessary or convenient in connection with such Redevelopment, Landlord shall have the right, in its sole and absolute discretion, following the fifteenth (15th) anniversary of the Commencement Date, to require Tenant relocate its Equipment to another location on Landlord's Premises upon at least six (6) months prior written notice. In order to continue Tenant's operations from the Premises, Tenant shall have the right to (i) construct, install and maintain temporary facilities in or about the Premises, subject to the terms of the Lease, in such locations as will not interfere with any pre-existing tenants or any Redevelopment of the Premises; or (ii) relocate the Equipment to another portion of the Premises (which may be installed by the Tenant prior to the removal of the pre-existing Equipment to ensure a seamless continuation of the Tenant's telecommunication services at the Property) reasonably acceptable to Tenant and Landlord, similar in area and appropriateness for Tenant's continued operations from the Premises (the "Alternate Site") which will not interfere with the Redevelopment of the Premises. If, in Tenant's reasonable judgment, there is no Alternate Site suitable for the Equipment or Tenant's continued operations from the Premises, Tenant's sole and exclusive right and remedy shall be to terminate this Lease effective upon Landlord's receipt of written notice from Tenant. Within fifteen (15) days of receipt of notice of Landlord's intent to Redevelop the Premises, Tenant shall notify Landlord of its election to either (i) relocate its Equipment to another location on the Premises or (ii) terminate the Lease. Tenant and Landlord shall cooperate in good faith to schedule the relocation at a mutually agreeable time and in a mutually agreeable manner. 7 of 9 t ` ® C i TACI iJT 6 --TO FE;JGP7 # PQ 26-17 File: ONPCK0562 SCHEDULE"A" DESCRIPTION OF PREMISES Real property located in the City of Pickering, in the province of Ontario, known municipally as Part of the Road Allowance Between Lou 20 and 21 Concession 5 and with the following legal description: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20.CON 5 PICKERING AS IN PI43448 ; PICKERING 8 of 9 131 A TAC? ,ENT TO RE~'OR E PD (o`ll File: ONPCK0562 SCHEDULE IDENTIFICATION OF SITE NOTE: Plan is not to scale. Boundary lines, easements, servitudes and rights of way identified in the plan are approximations which may be further specified in technical drawings or a survey, to be added as required through Schedule C. Plan is subject to all terms and conditions of the Lease. ~ N Y 13 R t i p~dl gy9 yPydp.p p€p.° 3(I O { ~~p} t! a ~d ~ P fl ! I { y # p i ~EI13~ b¢ioz 5~ b {i Rx tf F 1 € e Ay C U, 11 ""i @ Ili g l p I. #61~ K _,,j1 o~~Eg~ lig ~ !g 1#d I= E#i ~~lsfe: his s `p~~ ~I' 1 IJ F4u~ r y ~I ha - i I I' ; t. D i I I; t 1P, ' ~ .anm'YI' i ; I ~ L . # 77 ~ 8, ~ 1 I ~ ga ! y ~ I ~ P 7 t tf~'' of @K' €g l 4 'f r `Deb yG3k 59~°4g. ~i~ff a _N..l p ldz ~ 54q~ t y i f ~l ~I' 1'. ~ t { t Q esirVT~V TIC IV 9 a! is 41 # !i IF ti€ ¢ x #~~t ' 3ti~l (1 YN°a b 9 of 9 132 AIZACKh i;JT l/g TO File: ONPCK0562 SCHEDULE "C" TECHNICAL DRAWINGS OR SURVEY OF PREMISES AND SITE NOTE: Technical drawings and surveys are subject to all terms and conditions of the Lease. 11-his page initial.[) left blank inlention.1 I 4 r 10 of 9 [C 4 , 1 3 3 ATTACri,,'-'IT TO File: ONPCK0562 P'-P'01~7 # PD- SCHEDULE "D" AUTHORIZATION LETTER I FROM: THE CORPORATION OF THE CITY OF PICKERING One The Esplanade Pickering, Ontario L17 6K7 TO WHOM IT MAY CONCERN: Re: FIRSTLY ; RDAL BTN LTS 20 & 21 CON 5 PICKERING; SECONDLY PT LT 20 CON 5 PICKERING AS IN P143448; PICKERING Site: ONONPCK562 We/I, The Corporation of The City of Pickering, the owners of the above mentioned property, hereby give PUBLIC MOBILE RETAIL INC. (TENANT) and its agents permission to act as our agent to acquire the necessary permits, drawings and/or buildings structural blue-prints, hydro information from the public. utility and information from the municipality or other authorities concerned, needed to approve the construction of the telecommunications site at the address indicated above and as shown on the attached plans. i Sincerely, I Mayor Clerk I 1 of 9 caw o~ Report To Planning & Development Committee PI - RING Report Number: PD 27-11 34 Date: September 6, 2011 ; From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Wind Mobile/Globalive 2465 Brock Road (South Part of Lot 18, Concession 3) City of Pickering Recommendation: 1. That Wind Mobile/Globalive be advised that City Council has no objection to the proposed 40 metre high cell tower installation at 2465 Brock Road based on the design and other details submitted with this request. Executive Summary: In December 2010, Wind Mobile/Globalive submitted a proposal to construct a 40 metre high tri-pole cell tower at 2465 Brock Road. The site currently supports a temporary 15 metre high monopole which did not require prior consultation. The temporary installation currently occupies the same area where the permanent installation is proposed to be placed. Since the submission of the initial proposal, Wind Mobile completed their public consultation process, in accordance with Industry Canada requirements. Wind 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 at the east limit of the property to minimize visual impacts to the existing or future development. 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 recent resolutions regarding cell towers. It is recommended that Wind Mobile be advised that City Council has no objection to the proposed cell tower at 2465 Brock 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 27-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2135 1.0 Background: In December 2010, Wind Mobile submitted a letter to the City Clerk outlining its proposal to construct a cell tower on the lands municipally known as 2465 Brock Road in Duffin Heights (see Location Map - Attachment #1). 1.1 The Proposal The proposed installation is a 40 metre high tri-pole communication tower and related ground cabinet. The tower is to be located at the south limit and towards the rear of the subject property. The base of the proposed tower is approximately 2.4 metres wide. The ground cabinet, which houses the radio equipment, occupies an area of 1.0 metres by 1.0 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 5.0 metres. The compound is proposed to be set back approximately 88 metres from Brock Road. Access is proposed from the existing driveway off Brock Road (see Applicant's Proposal and Submitted Plan - Attachments #2, #3 and #4). Photo simulations of the proposed installation show a white tower with white shroud screening the antenna equipment, that blend in with the sky and adjacent hydro corridor. 1.2 Property Description The lands known as 2465 Brock Road are designated as Mixed Use Area - Mixed Corridor in the Duffin Heights Neighbourhood and zoned W- Rural Agriculture in By-law 3037 as amended by By-laws 2049/85 and 6577/05. The subject property is currently occupied by Pistritto's Farm and Greenhouses. A single detached dwelling and a number of accessory buildings related to the business also occupy the site. The property is anticipated to be redeveloped in the future in accordance with the higher intensity residential and commercial Mixed Corridor uses in the Duffih Heights Plan. Surrounding land uses include the Duffin Meadows Cemetery to the north, a rural property and hydro corridor to the south, a residential use to the west across Brock Road, and agricultural uses to the east. The closest residential property, (the residential use on the west side of Brock Road), is approximately 130 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". Report PD 27-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 136 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 six adjoining property owners within a 120 metre radius of the base of the tower. The applicant has indicated that they have provided written notification to the six adjoining property owners and placed a notice of the proposed installation in the February 4, 2011 edition of the News Advertiser. They have also confirmed that no public comments were received as a result of the public notification process (see Applicant's Site Selection and Public Consultation Report -Attachment #5). i 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. There are currently three cell towers at the north end of the Duffin Heights neighbourhood and hydro transmissions towers in the immediate area that were examined as potential candidates to co-locate Wind Mobile's equipment. Wind Mobile has advised that the existing cell towers are located outside of their 300 metre search area and that Hydro One is no longer a willing host for cellular equipment on their towers. The applicant has indicated 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 #6). 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 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 Resolution 87/11 in Attachment #6). 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. Report PD 27-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 X37 f. 2.4 Proposed Tower Location is acceptable Staff support the proposed location of this cell tower facility. The proposed tower and equipment compound are being sited as close to the rear of the property as is technically feasible, given grade changes at the rear of the property. The proposed location will minimize visual impact and not impede the future development of the Duffin Heights community. Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impacts to the neighbourhood, is set back an appropriate distance from Brock Road, and is not located in proximity to incompatible and\or sensitive land uses. Attachments: 1. Location Map 2. Applicant's Proposal 3. Applicant's Submitted Plan - Site Layout 4. Applicant's Submitted Plan - Tower Elevation 5. Applicant's Site Selection and Public Consultation Report 6. Council Resolutions Prepared By: Approved/Endorsed By: iAtV Tyler Barnett Neil Carro P, RPP Senior Planner - Site Planning Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB: Id Report PD 27-11 September 6, 2011 Subject: Proposed Wireless Cell Tower Installation Page 5 1 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer ATTACHMENT # ~ TO REPORT # PD 2--1 [ 139 APPROXIMATE ION CELL T GH) R (40.Om o GD 0 N~~RG Y U O 0] THIRD CONC SSION ROAD HADRIAN CRT N p~PG rrn G pPO 0 T. MU RED S SEPARATE 2 (if SCHOOL U o 0 = w " G CROSS 0 2 (n ~o OUTHCOTT r L) Q PARK v 0 0 o ~ w N 0 M BAGGINS C; City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 3, South Part of lot 18 OWNER P. Pistritto DATE Aug 15, 2011 DRAWN BY JM FILE No. Installation # 44 - Wind Mobile SCALE 1:5,000 CHECKED BY TB H Teranot Ent a a euroo F.- 2003 MPAO• a do,t. 1"o-,,landI n All urtph!. R ~.rv.dh No! a rvlen e} SSurv Ian e..~rv.,,. - PN-1 5 4TTAGHPv ENT Z TO FtEPURT # PD~Z 7 f I _ ~ 40 9 i-c 'n - ~ CITY OF PICKERNNI Tuesday, November-16-10 PLANNING AND DEVELOPMENT DEPARTMENT City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON L1 V 6K7 Attention: Debi Wilcox - Clerk Re: Proposed Wind Mobile Installation PT LT 18 CON 3 PICKERING AS IN C0218530 EXCEPT PT 1, EXPROP PL 260; PICKERING Our File: OTR0388 Dear Ms. Wilcox: I would like to outline in this letter a proposal by Wind Mobile to install a wireless communications site previously submitted to the City prior to the adoption of The City of Pickering's Protocol for Telecommunication Towers. It would be greatly appreciated if you would kindly ensure that this request is circulated to the appropriate City officials in order that Wind Mobile can receive a formal response from the City. I have also enclosed a copy of our proposed site plan and photo simulations showing the proposed installation. Purpose of Wind Mobile Proposed Telecommunication Installation Wind Mobile is proposing to build and expand the necessary infrastructure to satisfy the enormous and growing demand for high quality reliable wireless service. The vicinity of Brock Road north in Pickering is known to be an area of poor wireless coverage for Wind Mobile' network. In order to improve Wind Mobile's wireless service, to the aforementioned vicinity, a new antenna site is required. Public Mobile's Site Requirements A Mpole structure measuring 40 metres in height is required for Wind Mobile to meet its wireless coverage objectives. Radio equipment is proposed to be housed in an equipment cabinet measuring approximately 1 metres x 1 metres at the base of the Tower. The pole and equipment are located in a fenced compound measuring approximately 10 metres x 10 metres. Site Selection Process The selection of a wireless telecommunications site works similar to fitting a piece into a puzzle. In this case, the puzzle is a complex radio network, situated in a rural setting. Client demand, radio frequency, engineering principles, local topography and land use opportunities work in concert with one another to direct the location of our sites. To achieve a reliable wireless network, Wind Mobile tries to provide a seamless signal to alleviate gaps in coverage and capacity. It is gaps in coverage that are responsible for dropped calls and unavailable service to clients. Once an area is identified as potentially meeting all of the above criteria, the surrounding neighborhood is reviewed for existing structures that Wind Mobile can utilize for the placement ATTACHILPiENT # Z TO REPORT # PD 27-11 141 WMD of its equipment and antennas. Generally, this includes multi-storey buildings and towers owned by other wireless carriers that can support our antennas. Within the search area identified as meeting the criteria for Wind Mobile's network, there are no existing structures which could be utilized. A study was undertaken and photo simulations, were prepared that illustrate the tower, at the above noted location. The Photo Simulation package forms part of this letter. Land Use Consultation Process Wireless facilities are exclusively regulated by the Federal Government and as a result are not required to obtain municipal permits of any kind. It is my understanding that the City of Pickering has developed a process in accordance with Industry Canada's recommendation. In the absence of such policy the Land Use Consultation Process defaults to Industry 'Canada's Spectrum Management and Telecommunications CPC (Client Procedures Circular) 2-0-03 Issue 4, http://www.ic.gc.ca/eic/site/smt- ast.nsf/ema/sfO8777.html, a copy of which has been provided as part of this proposal letter package. Within this Industry, Canada document, the process for public consultation and notification is outlined. It is noted that proponents must provide a notification package to the local public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. Conclusion Wind Mobile' proposed installation will provide industry leading 3.5G wireless voice and data service to the area in North Pickering at Brock Road. Photo simulations have been prepared that demonstrate the effectiveness of the selected location. Wind Mobile believes that the location will have minimal impact on the neighbourhood while providing improved service to the surrounding area due to the elevation, interactions with the existing wireless network, and line-of- site requirements. Wind Mobile looks forward to receiving the City's comments in the very near future. Sincerely, James K y FONTUR INTERNATIONAL INC C~'n 30 East Beaver Creek, Suite 104 FONTUR Richmond Hill, Ontario L4B 1 J2 (647) 888-9155 ON CONTRACT by: james.kennedy@fonturinternational.com www.fonturinternational.com WIN 6cc. Tyler Barnett - Planning Department ATTACHMENT # : TO REPORT # PD 27-1 14.2 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN WIND MOBILE INSTALLATION (2465 BROCK ROAD) 185.09 N72'05'20"E PPavFFtt uN 1 1 of II a 1 z ~ 0. 1 ~ ~ I o I FI ¢I g , ~ ~ 0a I ti~ a I ~ 1 ~ ~ ~1~ e~ I A, 'x I ~ y~ 6 c"~/}' \~.~o Z l~.tl } t r. „hcg xl ~I]aao ta~04 pPP ~p t n x.. 4 _v- il~• ,x.m I rg N' e u„u 21'50"E ! ~v y i* r N7711060 E pam'+[rtrv u~E 92.57 S li n PART 5 l- 1 PLAN 40R-6912 x'I . 1 PIN 26408-0023(L7)':1' ej 1 I~1 j oeTAIL (N.TS.)- i i 3.05 6:04 t I I i/ ~.rc :W,ra o>i ~7.G5 6.42 - - - - - - - - - - - - THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. ATTACHMENT 41 TO REPORT # PD 2-7-11 INFORMATION COMPILED FROM APPLICANT'S 143 SUBMITTED PLAN WIND MOBILE INSTALLATION (2465 BROCK ROAD) 7 O C f RIO ELEVATION (FENCE NOT SHOWN FOR CLARITY) THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 13, 2011. ATTACHMENT #TO REPORT # PD 14 4 SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY (Agricultural Lands located along Brock Road, just north of 3rd Concession Road: PT LT 18 CON 3 PICKERING) Prepared for: The City of Pickering Prepared by: Globalive Thursday, July 28, 2011 PIPOR7 # PD 27-11 1 45. TABLE OF CONTENTS 1. Introduction & Jurisdictional Context 2. Site Justification 3. Collocation on existing tower(s) 4. Common Design Guidelines and Globalive'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 List Map 1 - Location Map Showing Distance to Nearest Residential Dwelling ATTACHMENT # -5 TO 1 4 6 REPORT # PD_ 27-i1 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 htt Wstrategis.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. Globalive 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, Globalive 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. ATTACHMENT #--~--5 TO 1 4 7 2. Site Justification REPORT # PD 2-7- I 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 i 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. L'a'ar-mi Q CAD 1`b EYTn~7 f~? fliZ z Figure 2 1 ATTACHMENT# -5 TO 1 48 REPORT # PDT ~ - 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. Q7 (M Mo (MP 4ZIAW du ~ Figure 3 In this case, Globalive's RF Engineering department has determined the need for a Personal Communication Services (PCS) upgrade to adequately provide contiguous cover age and service to our existing and future customer base in the area surrounding the Brock Road and Concession Road 3 intersection in Pickering. 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 Globalive's RF Engineering team, a location was chosen on the east side of Brock Road between Dersan Street and Concession Road 3. The location is on a commercial property owned by a private business owner. ATTACHMENT #--5-TO REPORT # PD 2-7-0 I 149 3. Collocation on existing tower(s) Globalive 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. g Alterations to Further alterations original antennas ° include: direction, o to original antennas azimuth, etc. LL s' Implemented Futures LL Addition of Alterations to original $ 2nd Wireless Carrier v 2nd Wireless Carrier o antennas b O O M LL s' Additional Netwok s Technologies/Equipment LL 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 space and engineering capacity. I Each antenna array requires a separation of vertical space so they do not create interference with each other (see figure 5). fill' • Interference with other antennas occur when there is less than 1 Figure 5 I ACC VI i TO 1 5 0 REPORT # PD_ J- 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 1st carrier is able to locate its next tower further away from the collocated tower that either the 2°d or 3`d carrier. c ±J [.~rrrx~ c~z~~t.~yr_~ '~r~L~%J fb,(U7a - r LLJ Figure 6 • s • o Wl~.GiJ V~1:~% ~~-~~~Y~,~47~i7'1Z~ ~~~~(j~~~7n~~-y]..~i~Yi~i~~ {=.t~r[i~p~~~~~'~~~~(_-'[X~[~~f•C~~~*/~:1~7~n~C~77~Ky~)ri7~!]'47 ~w~ LL.Jr tiLLl.';~V i i • ll.~J.4.•14] [fJ'-L7 ~1P+-'~1~-.~ li] ~1 ~.~=~1~ 4 t. p 1 ~ ~ ~ G 1se~y Tewr Figure 7 ATTACHMENT # 5 70 REPORT # PDT-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 Wind loading saeses towers to twist a MM* WIND WIND ~ woo The more equipment on a tower, the more the tower tilts. The more Tower Tilt causes the signals to be aimed away from the equipment a tower, the more the tower twists. Y 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. 1 5 2 ATIACri IMENT #-=5 TO TOWER LOADING. RESULTS OF OVERLOADING A TO R ii 6 k mom* L WIND WIND y i A tower is designed to support its equipment load and withstand A tower is designed to support and withstand site specific wind and/or ice loading that is specific to the site. loading. Exceeding the limits will compromise the tower's structural integrity. Unfortunately do to the rural nature of the proposed site and sparse wireless telecommunication development co-location is not a viable option. i ATTACHI"ITNIT 5 TO REPORT # Pp_2-~_J 1 5 3 4. General Tower Design Guidelines and Globali s Response J The following is a table outlining the general design guidelines (established from commonalities between municipalities across the GTA) and Globalive's response to each in this particular case. GENERAL PRINCIPLES PUBLIC'S RESPONSE Globalive- strongly supports co-location on existing Co location is the preferred option for towers and structures. The use of existing structures accommodating new telecommunications minimizes the number of new towers required in a facilities as is locating other towers adjacent given area and is generally a more cost effective way of to existing towers or hydro transmission doing business. There are no co-location opportunities towers within the search area of the proposed tower. The Rogers and TELUS towers north of the location are in excess of 1500 metres from the proposed Globalive tower. The coverage objective of the proposed site cannot be accomplished from either of these locations. The existing transmission towers to the south of the proposed location are also not suitable for Globalive's equipment as Hydro One no longer allows telecommunication carriers • to place antenna on their transmission towers. It should be noted that the proposed tower would be suitable for future co-location with third arties. 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 120 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 (within and colour of antenna and equipment 150 metres) to the proposed site. Furthermore the site shelters on or adjacent to existing buildings. and design of the 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. There is two existing residential dwellings in proximity to the proposed tower. One is owed by the landlord and the second was notified of the proposed tower through the public circulation process. The nearest existing residential development is 101 metres away from the ro osed tower location. see ma below). 1b4 Map 1 - Distance to nearest residence I, Ic -'s WO, .1*4 ell- r lot lot A dew..- Y „ d ATTACHMENT #-45 TO 155 I Location RLPORT # PD 27-11 The proposed site will be located on Part of Lot 18 Concession 3 in Pickering Full Legal Description: PT LT 18 CON 3 PICKERING AS IN C0218530 EXCEPT PT 1, EXPROP PL 260 AND EXCEPT PT 1 PLAN 40R25886 CITY OF PICKERING Tower Centre Co-ordinates: 43 52' 12 N, 79 04' 59 W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 10m by 5m (approximate) fenced compound and is not accessible to the general public. 156 ATTACH110ENT #---5-TO REPORT # P© 27-) 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 self support tower. The installation will respect good engineering practices including structural adequacy at all times. PRONOE NR aRMINAL AT TOP OF TOVIt? FOR CONNECTION TO I; LOOP I A_0S _E. PROPSOEp ANTENNA ELLV. a <0.(An: AGL (13i'- SECONDARY GROUND BAR (SCAB) FUTURE ANTENNA L AT TOP OF TOWER CONNECTED EI,N. 3).6m2 AGL 123-~ TO GROUND LOOP -ELE- V ~S~mRi dlW F11 )EN2' Z _ TL FUTURE MAW AN IF,NNA % I' CI.~V 33.9m AGL (f ti' 4 _ EL FUTURE M/IY MRENNP ELEV. - 31.2mi ACL . PROVIDE FIBREGLASS SNROUD AT WEN AND M/W LOCATIONS • A-~ fL PRPPDSED M W ANTENNAS ELEV, 25.Om+ AGL (81'-D7 I PROPOSED AOm TRI-POLE c/. IADDER AND SAFETY RAIL B Figure 11: Tower design and elevation 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. I ATTACHAAENT 157 REPORT # PD_._27-11 In this case, Globalive'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. I i I ~i ATTACHi:;ENT TO REPORT # PD 27 1 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 I f ATTACHMENT # TO REPORT # PD --_2 -_7- 1 (159 (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 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 18 CON 3 PICKERING complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP K 1 6 0 ATTi-:,'1KM`Ei 1T -5 .ro R-EPOR, # PD 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 Feb 9/2011 edition of the Pickering News Advertiser. For your reference please see the public circulation package (newspaper article, public brochure and circulation list) included below. l~TTAU ENT #q-5 - TO REPORT # PD 2 j -1 PUBLIC NOTICE PROPOSED WIND MOBILE 40-METRE STEEL SHROUDED TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed Wireless steel shrouded below by Friday March 4, 2011 with respect to this matter. • tower, 40 metres tall and will PLEASE TAKE NOTICE as the approval of this site and its design is under occupy an area of the exclusive jurisdiction of the Government of Canada through Industry approximately 0.0029 Canada, the City of Pickering has no jurisdiction in this matter other than as hectares. a commenting body to Industry Canada and the applicant. • Location: 2465 Brock Road ADDITIONAL INFORMATION relating to the proposed Tower and site is North, City of Pickering. The available for review between 8:30 am and 4:30 pm, Monday to Friday at the site is located approximately City of Pickering municipal offices. Further information may also be 330m north of Concession obtained through the following contacts: Rd. 3, and.530m south of Dersan St. WIND Mobile - on contract to: City of Pickering contact: • Part of Lot 18, Con 3 Pickering, City of Pickering, James Kennedy Tyler Barnett, Senior Planner Durham Region FONTUR International Inc. Development Review 30 East Beaver Creek Road City of Pickering • The facility will include Suite 104 One The Esplanade mechanical equipment Richmond Hill, ON 1-413 1J2 Pickering, ON - L1 V6K7 compound and fencing around the base of the tower. Fax: 866-234-7873 Telephone: 416-973-8215 The tower will provide Email:otr0388.windmobile. info@f Email: wireless and data services. onturinternational.com tbarnett@cityofpickering.com SITE LOCATION MAP I N /rJ Wpused SAc V ~ wo 4 Figure 12 - Newspaper Article: Original Template 1 E 2 ATTACH IENIT #--5-TO REPORT # PD_ 2'7-11 PUBLIC NOTICE PROPOSED WAND MOBILE 40-METHE STEEL SHROMED TELICOMMUNICATI SToWlIt SUBJECT: MOMllar anshroudare ANVPERSON may make a wrlttensubmw Of amanspprta tall d vaWl t cupy D79 hectares, an an rea story to the individuals 11sted below Tuesda o:amatety 0.tD039 March g 20 11 With respect to this rl~ ttw, y ,Wation:2465Brock RoWNorth , PUMETAKENOTICEastheapp~~ro~~101 City of Picfrertng. The site is focatcd this 0te and its design 111,5 ferthe ezduslve 8ppr0xmateiy330mnorth,of 1+WsdktionoftheGovemrnentofCanada concession Rd.Iand530msouth through Industry Czn.Xla,theCity ofPickerrtrg of Dersan St has no l otion in tt►ts mailer other than as a Commenting body to Wustry canada and the • Part of Lot I& Corn 3 Pidtering, applicant, Cttyaf Pkkering Durham ftiagion r4• facility will include mechanical P lower a and ~ alt ble fbi rev *ar P~ "t compound and fencing bmv- r1t3D am and 4:30 pm, Monday to aaound the base of the tower. The Fridayat the City of Fidcet" muyidpal offices, tower will provide wirctess and Further h*rmallon may also be obtained data services through the follo-ming cerrtacts SITIWCATION WAIDA1•flffe-encoabtiiow James Kennedy FOPITt1Rlrnti'ernetIon d ,.r• 30 East BEanpr r~e4c HaaiP 9 sWe too eichrnond KLom Lae 112 " Faye OW234-7M r +itttrmat~icr~atcirm~tndE~etya~sr-----= ~T~Pkft~tli►gat►~o~ TyferearneMSentorPlanner a i ~ tt D.°uQfoprnent(gvietr r v5 city of fickering OneTheEsplanade Tel:416.933 421 S Email: tb&n tplcMflr4crm Figure 13 - As listed 163 '.4'h:~t aL~7•.}h:.'Ith & cgfcN:' 10+~ ar, t qet in'r.:.i'reu° ~hkaNna'd Lafef.•ROaamou:dia4VINDr;o- ::BIND ryJaa!"L COmmEttcdta vvaCr:. aa+cH4afian. _ _ :?;ii-'.-leaff~: nnoda •ascsfdoE,rJ e!r_tra• :YOUR}n`iAed?o ' u:dG(;ns.cnavn ac Safe+<~ pa•: idc ramme,'ztaIVINDr,1a ;magnefrr vpo:✓r g' 13fiis aaavti~e poyosolby mail,tkri9n:cmai!a '..sJe S. <o ensv<hea°e ane'afona<u.i<IB' ;<ae.l a.dert>es✓e'a..+~mmG,ts ae onc5}} E an<enro rs+o e+x4JIMi Z'vesina'ae of : :-cf vat•aA•-d ay c`att of Lrrer:`- gL j tr r:.Fes anereudlmcbo tnco'~:`mek :Y>; 11 ta: ~ y~¢ g; F rmtiE meae✓Cd ateig i,lax 9Lnfallp<- ' i. ,..~,1' E ea•ga✓-ez a•xi .ro*•o-rl r~c•:tr of adJ'JamecKnnd;. .:roro~c~rr~ra<iorc <a=',sLA ae: :F3NR:QInMnafioml • ,Tna•L~,dca<:msx!.:.,e a7:a.`aa4 Cm2. :3D:aci 5ea:•er Geec Qaad. a"vke IN ;7i-`nnwn4 lit ON L:87.12 ;:tINDr; rm'iGa'.ta'sT art!u adia a++is,vzr' 85123:.'873 an 3-L ~r~mi,i a ra>,a>_ prial ;!,aic Clownimu ity - :acak!rvrlcd in ranmrcnx'uwn?nc NaFa•+al: ;Su~•g: adeaf :a'+a~'u:nCni-elvder. aEl : {:~i:f`f;:,ac 131iv [;pr-;:]Nn Ci:rYi:~rt FF ln Notiyica y ti5'Yi F :apmieak ~.~a1. 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Figure 14.2 - Public Circulation Brochure, side 2 1 6 4 At )AGHl'',11LINT4 To PEPOR7 # PD. 2,7-11 2465 Brock Road Pickering Ontario PIN Address owner/occupant PC 26408002 483 Bay Street. North Tower, 12th floor, Toronto Hydro-Electric Power Commission of Ontario M5G 2P5 264080]5 5 1 Dundas Street West, Suite 2000, Toronto Ontario Land Corporation M5G M 263830018 One The Esplanade, Pickering, Ontario The Corporation of the City of Pickering UV 6K7 26408001-9 1057 Brock Road, Pickering Mount pleasant group of cemeteries L1W 3T7 263930796 2460 Bradt Road, Pickering Chul JoongYoon and Eui Sook Yoon Nand delievered Feb 29 264080023 604 Marksbury Road, Pickering Philip and Rosa Caruso L1W 2S8 Figure 15- Circulation List Public Comments During the 30 day circulation period (30 days being measured independently between the newspaper circulation and the direct mail brochure) there were 0 (zero) comments or concerns raised by the public in regards to this project. ATTACH- MENT # ~ To REPORT # PD 23- ► 165 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 4TTTt CHP,,IcN T #T0 66 REPORT # 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 182.0 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 Crr.~ o~ Report To Planning & Development Committee PICKERIl V G Report Number: PD 28-11 Date: September-6, 2011 167 From: Neil Carroll Director, Planning & Development Subject: Zoning Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part of Lot 12, Plan 282) City of Pickering Recommendation: 1. That Zoning Amendment Application A 5/11 submitted by Grant Morris and Associates Ltd. on behalf of the Estate of Paul Pickard, to permit the creation of lots with a minimum frontage of 12.0 metres fronting Pine Grove Avenue on lands being Part of Lot 12, Plan 282, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 5/11, as set out in Appendix I to Report PD 28-11, be finalized and forwarded to City Council for enactment. Executive Summary: The application proposes to amend the existing zoning to allow for the creation of five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres, and to allow side yard widths of 1.2 metres for four 15.0 metre lots on Woodview Avenue (see Location Map and Applicant's Submitted Plan - Attachments #1 and #2). The property is currently vacant. The recommended zoning will establish performance standards for the subject lands which will permit the development of five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres. The proposed development is consistent with the Official Plan and appropriate for the area. Mature trees on the property will be retained to the extent possible, but the potential for retention is anticipated to be limited to a small number on the southern portion of the property. The City's specific development requirements will be addressed through conditions of land severance. The proposed reduced side yard widths for the four 15.0 metre lots on Woodview Avenue is not supported, and is no longer being pursued by the applicant. It is recommended that the zoning amendment to allow the creation of five lots fronting on Pine Grove Avenue with minimum lot frontages of 12.0 metres be approved and that the draft by-law amendment attached as Appendix I be forwarded to Council for enactment. Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 2 168 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below Level 1 standard. Given the small scope of the application and the infill nature of the project, there is limited opportunity to achieve a Level 1. The proposed development will take advantage of the existing infrastructure and services within the City's urban area. The applicant intends to preserve a number of mature trees in the southeast portion of the property, as building siting and grading .permit. Further opportunities exist for the builder to consider sustainable options in the dwelling construction process. 1.0 Background: The applicant is proposing to amend the existing zoning to allow for the creation of nine new lots on lands at the southeast corner of Woodview Avenue and Pine Grove Avenue, municipally known as 1861 Woodview Avenue (see Location Map - Attachment #1). The lands, approximately 5.6 hectares in area, are currently vacant. Vegetation, including a number of mature trees, occupies a large portion of the property. The proposal is to create five new lots fronting Pine Grove Avenue with a minimum lot frontage of 12.0 metres, and four 15.0 metre lots with side yard widths of 1.2 metres on Woodview Avenue (see Applicant's Submitted Plan - Attachment #2). The subject property is zoned "R4"- Fourth Density Zone in By-law 3036, which requires a minimum lot frontage of 15.0 metres and minimum side yard widths of 1.5 metres. The Pickering Official Plan designates the subject property as "Urban Residential - Low Density Areas" within the Highbush Neighbourhood. The applicant received Council approval in June 2011 to create the lots through severance rather than through plan of subdivision, as the public roads and services required for the proposed development are already in place. Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 3 69 2.0 Comments Received: 2.1 Prior to the June 6, 2011 Information Meeting Correspondence was received from an abutting resident at 1857 Woodview Avenue in opposition to the proposed 1.2 metres side yard widths for the proposed 15.0 metre lots fronting Woodview Avenue. He stated that the builder would be able to build comparable homes on Woodview Avenue without the need for a reduced side yard. He also submitted to Planning staff a petition in opposition to the reduced side yard widths signed by 14 additional Woodview residents (see Public Comments -Attachment #3). 2.2 At the June 6, 2011 Information Meeting (see Text of Information Report and Public Meeting Minutes - Attachments #4 and #5) The resident at 1857 Woodview Avenue reiterated his opposition to the proposed reduction in side yard width for lots fronting Woodview Avenue. He indicated he had submitted a petition in opposition to the proposed 1.2 metre side yard from immediate area residents. A resident at 1862 Woodview Avenue requested that as many mature trees as possible be retained, and that the character of the street be retained. Residents at 1855 and 1858 Woodview Avenue spoke in opposition to the proposed 1.2 metre side yard for lots fronting Woodview Avenue. The resident at 1858 Woodview Avenue also indicated that he would like to see the trees preserved. 2.3 City Department and Agency Comments Durham Region Planning proposed application conforms with the Department Regional Official Plan • no matter of the provincial interests are applicable • Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted • any requirements financial and otherwise concerning the provision of Regional services will be dealt with during the associated land division process (see Attachment #6) Development Control . no objection Municipal Engineering . no objection Services Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 4 3.0 Discussion: 3.1 The proposed 12.0 metre lots fronting Pine Grove Avenue are appropriate and compatible with the character of existing development The Pickering Official Plan designates the property as "Urban Residential Area - Low Density Area" within the Highbush Neighbourhood. Lands within this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare. The proposed 12.0 metre lots fronting on Pine Grove Avenue, representing a density of 25 units per net hectare, are within the density range. The Official Plan policies for the Highbush Neighbourhood encourage new development on Woodview Avenue and Pine Grove Avenue to be compatible with the character of existing development. Although the majority of the lots on Woodview Avenue south of Pine Grove Avenue have consistent lot frontages (generally between 15.0 metres and 20.0 metres), the lots fronting on Pine Grove Avenue have a wider variety of frontages, including semi-detached lots (see Lot Frontages in Area - Attachment #7 and Attachment #8). The abutting property east of the subject property has a lot frontage of 12.0 metres. Based on existing lot frontages, the proposed 12.0 metre lots and associated performance standards are considered to be appropriate development that is compatible with the immediate character of the area. 3.2 The proposed 1.2 metre side yard width for the four 15.0 metre lots on Woodview Avenue is not consistent with the character of Woodview Avenue Woodview Avenue is a mature residential street in an established neighbourhood. As indicated above, lots along this portion of Woodview Avenue south of Pine Grove Avenue are generally in the range of 15.0 metres to 20.0 metres. The zoning along Woodview Avenue is "R4" - Fourth Density Zone which requires for side yard widths of 1.5 metres on both sides. Planning & Development staff have consistently recommended refusal of minor variance requests along Woodview Avenue to reduce the side yard widths to 1.2 metres for any new development, except where recognition of an existing condition was required to obtain zoning compliance. The proposed side yard widths of 1.2 metres are not consistent with the character of development on Woodview Avenue. As the subject lands are currently vacant and as the proposed lots fronting Woodview Avenue provide significant lot depths and area, there is ample flexibility to site new houses on the proposed lots in conformity with the existing "R4" zone standards. It is therefore recommended that the proposal to permit a 1.2 metre side yard width for the proposed 15.0 metre lots fronting Woodview Avenue not be approved. The applicant has indicated that they are no longer pursuing the reduced side yard width. Report PD 28-11 September 6, 2011' Subject: The Estate of Paul Pickard (A 5/11) Page 5 171 3.3 Preservation of existing trees has been considered The Official Plan policies for the Highbush Neighbourhood also encourage the preservation of significant vegetation to the greatest extent possible through the use of strategies such as lot sizing and building siting. Although a large portion of the subject property is vegetated, most of the vegetation is overgrowth, with a smaller number of mature trees located near the north and south limits of the property. Due to building siting and grading, the trees at the north limit will not be preserved. The applicant is proposing to preserve as many of the trees in the southern portion of the property as grading will permit, as backyard specimens for the lots fronting Woodview Avenue. . 3.4 All development matters will be addressed through conditions of Land Division application process The applicant proposes to create the five 12.0 metre lots fronting Pine Grove Avenue and the four proposed 15.0 metre lots fronting Woodview Avenue through severance rather than through plan of subdivision, as approved by Council in June 2011. Land division applications have been submitted separately for the Woodview Avenue lots and Pine Grove Avenue lots. The application dealing with the 15.0 metre lots fronting Woodview Avenue has been approved in advance of this recommendation report as the proposed 15.0 metre lots are permitted by the existing "R4" zoning, and the applicant is no longer pursuing the reduced side yard width. The land division application for the proposed 12.0 metre lots on Pine Grove Avenue has been tabled pending a decision on the proposed zoning by-law amendment. If City Council approves the proposed 12.0 metre lots, City requirements for the lots will be included as conditions of approval for the severance application. These conditions will address standard matters such as grading and servicing, parkland dedication, driveway aprons and stormwater management. A road widening along the Pine Grove Avenue frontage will be required as a condition of severance approval. Details of the tree preservation plan will also be finalized through the land severance process. 3.5 By-law to be forwarded to Council In accordance with staff and agency requirements noted in this report, the draft zoning by-law amendment attached as Appendix I provides the following standards for the proposed 12.0 metre lots fronting Pine Grove Avenue: a) Minimum lot area - 350 square metres b) Minimum lot frontage - 12.0 metres c) Minimum front yard depth - 6.0 metres d) Minimum interior side yard width - - for inside lots: 1.2 metres one side and 0.6 metres on the other - for corner lots: 0.6 metres Report PD 28-11 September 6, 2011 'ect: The Estate of Paul Pickard (A 5/11) Page 6 e) Minimum flankage side yard width - 2.7 metres f) Minimum rear yard depth - 7.5 metres g) Maximum building height - 12.0 metres h) Maximum garage projection from main wall - 2.5 metres i) Maximum driveway width - no more than 55 percent of the front yard width These performance standards are consistent with the performance standards for 12.0 metre lots found elsewhere in the vicinity. The draft zoning by-law does not provide for reduced side yard widths for lots fronting Woodview Avenue. 4.0 Applicant's Comments The owner has been advised and concurs with the recommendation of this report. Appendix: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Public Comments 4. Text of Information Report 5. Public Meeting Minutes and Petition 6. Agency Comments - Durham Region 7. Lot Frontages on Pine Grove Avenue 8: Lot Frontages on Woodview Avenue Report PD 28-11 September 6, 2011 Subject: The Estate of Paul Pickard (A 5/11) Page 7 X13 Prepared By: Approved/Endorsed By: 14- Mila Yeung Neil Carroll, , RPP Planner I Director, Planning & Development W QLtuA Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design MY:MW:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 20 (I Tony Preve el, P.Eng. Chief Administrative Officer 174 Appendix I to Report PD 28-11 Draft Zoning By-law Amendment Application A 5/11 I III The Corporation of t of Pickering 175 B I o. XXXX/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 12, Plan 282 in the City of Pickering (A 05/11) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit the development of five lots with minimum frontage of 12.0 metres on the subject lands, being Part of Lot 12, Plan 282, in the City of Pickering in order to permit the creation of five lots for detached dwellings; 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 I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provision of this By-law shall apply to those lands in Part of Lot 12, Plan 282, in the City of Pickering, designated "S3-12" 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. i 4. Definitions In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; By-law No. X/11 Page 2 (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a' single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures. (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (3) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontage" shall mean ,the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; I (4) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (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; (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; By-law No. f1i1 Page 3 1. 77 (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) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall.mean a side yard other than a flankage side yard. 5. Provisions (1) (a) Uses Permitted "S3-12" Zone No person shall within the lands designated "S3-12" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling (b) Zone Requirements ("S3-12" Zone) No person shall within the lands designated "S3-12" on Schedule attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 350 square metres (ii) Lot Frontage (minimum): 12.0 metres (iii) Front Yard Depth (minimum): 6.0 metres i i By-law No. XXX /11 Page 4 178 A despite Section 5.7(b) of By-law 3036 as amended, uncovered and covered platforms/porches attached to a main dwelling may provide a front yard depth of 4.5 metres. (iv) Interior Side Yard Width (minimum): A for inside lots: (1) 1.2 metres one side, 0.6 metre on the other B for corner lots: (1) 0.6 metres (v) Flankage Side Yard Width (minimum): 2.7 metres (vi) Rear Yard Depth (minimum): 7.5 metres (vii) Building Height (maximum): 12.0 metres (viii) Dwelling Unit Requirements: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; (ix) Parking Requirements: A minimum one private garage per lot attached to the main building; any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line, and not'less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (x) Special Regulations: A the horizontal distance between buildings on adjacent lots to which this section applies shall not be less than 1.8 metres B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey; C a driveway width shall not occupy more than 55 percent of the front yard width. I. By-law No. XXXX/11 Page 5 79 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 take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. By-law read a first, second and third time and finally passed this ay of , -2011. Aft David Ryan, Mayor nflA Debbie Shi s, City Clerk 18o PINE GROVE AVENUE I W S3-12 W I O ~ O I I I i i N SCHEDULE I TO PASSED T DAY OF ffflr 2011 bp, I MAYOR k CLERK ATTACHMENT # TO REPORT # PD ` 181 w z w CR Q SP~oNVRS~ FSOENT S MELDRON U) R o T REST < ° F 0 m ¢ JF o R AGE Li SANDHURST F N E P 0 R S PINE GROV 0 111 3: 1 E GROVE CRESCENT o PARK z e w O .1T O p PINE GROVE AVENUE z MOSSBROOK TRANQUIL CRT. ~ Y W W w o ~ z p SQUARE w w w Q U w~ O ~ In Li z WESTCREEK DRIVE w a o a 0 WESTCREEK ALLEYVFE PROHILL ST. PUBLIC SCHOOL PARK W o - > Z BUTTERNUT CRT. STREET o0 0 m > U O 0 O 0 ~ O W W Z N 01 W J J Q J LANCREST ST. w > o FQco T LANE o o w QO HE 0 0 GATE o U) City of Pickering Planning &,Development Department PROPERTY DESCRIPTION Part Lot 12, Plan 282 OWNER Estate of P. Pickard(A. Snyder) DATE Apr. 27, 2011 DRAWN BY JB FILE No. A 005/11 SCALE 1:5,000 CHECKED BY RP o c ource•: 2005 survey. P N-10 t Enteral tIn e. 1. it• • rr hlt• Ra•lerved t Note•e on N~ tsu p•ICn oT ZOOS MPAC ntl I• • Iles. All r ATTACHMENT #-_._TO Q REPORT # PD 28 -l1 Information Compiled from Applicant's Submitted Plan A 5/11 The Estate of Paul Pickard PINE GROVE AVE I.a. vl~4lw cmc-r II WIV!v~~' G6 15 ~ OES 75 18 06 I I VA: a srarr s ~ ~ 21 I M. 1121 j 1 i 7S ;1.T5 1.15 a0-5 to PAR T 5 LART__EJ (aFyRT 7 PAR' S 11.1 is PA -7- i _ Is r, 185+ n l~ zsro w i _ - ly ~ I R j I I` , a rvl 114 X-0 i ,w~,t°FID~k ern a iD fx I~ I waeu ~ Im[cta[c ~ICX 1 2 s~m[r . ebl[X cvr ;.ln;, tiG. !b5J This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, Apr. 27, 2011. I ATTACHMENT # TO REPORT # PD ZS-// _ Yeung, Mila° From: tony accardi [accardi@sympatico.cal Sent: May-16-11 7:41 AM To. Yeung, Mila Cc: gaetano.accardi@bp.com; Irene Accardi CITY OF PIC; BERING Subject: Re Zoning Bylaw Application A05/11 PLANNING & DEVELOPMENT Attachments: A0511-Accardi_1857_WoodView_Ave.PDF DEPARTMENT Good Morning Mila, Attached is a formal letter apposing the Zoning Bylaw change on woodview Ave in the city of pickering. Please acknowledge receipt of this letter by replying to this email. Is this official enough or do I need to drop off a hard copy at the City of Pickering? Please note, that to, this date neither my brother(1855 Woodview Ave) nor I (1857 Woodview Ave) have received any letter in the mail regarding this zoning bylaw application. isidering that the hearing is taking place on June 6th, 2011 and today is May 16, what is the official policy for .-Cifying residents in the immediate area of such changes? Sincerely, Tony Accardi P.Eng. 1 ATTACHMENT # TO 1 8 2°-I REi'ORz . # PD ~ Mila Yeung, From: tony accardi [accardi@sympatico.ca] RECEIVED Sent: May-27-11 1:54 PM To: Yeung, Mila Subject: Petition against A05/11 MAY 2 7 2011 Attachments: petition_A05-11.pdf CITY OF PICKERING PLANNING a DEVELOPMENT DEPARTMENT Hi Mila, Attached is a petition against application A05/11 with about 15 signatures on it. I may get a few more and if I do .I will send you an updated copy. Please note that all signatures on this petition are from homes that are in very close proximity to the property in question. Sincerely, Tony Accardi P.Eng. I~ ' ATTACHMENT # 3 TO REPORT # PD 185 0 00 c 3 ~ Z ui EE i V, o 0 (Z, > o Wp Y t N > g. ~ uj cam, CL 0 co ~ 3 a I.. Z ,0- r CL) c U a o e, 4-4 :5 U O O tsA N 3 c~ C N ~ Q ~ 1 Cl3 < .O e 0 N S~ N y a ° U U° mat - - t Cl) Q O EnAA O ~ 4r U t7 v •'O • N v~ Q z N Cd O ~ O m" r. bD .A , 2 O o O rJ bo zs bo 60 u - O O N i A 5 -24 o .0 x n B O 0 N i -ye Iu, t ATTACHMENT # 3 TO 1 8 6 R[PC)RT # PD 2Ez ~Z Zw ujo~ ~1ww U LU p S LL'Caa. QZW a,e >.z U a t i I -IT O U r a ~ J c \J ~b- W •J 3 ~ ~ J 0 Q ~ 1 ATTACHMENT #_zLTO caq o~ REPORT # PD ~i Information Report Report Number: 13-11 ' ' - For Public Information Meeting of PICKERING Date: June 6, 201 187 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment Application A 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part Lot 12,. Plan 282) City of Pickering 1.0 Property Location and Description • the subject property is located on the southeast corner. of Woodview Avenue and Pine Grove Avenue (see Location Map - Attachment #1) • the subject property has an area of approximately 5.6 hectares with frontage of 60.9 metres along Pine Grove Avenue and 91.4 metres along Woodview Avenue the subject property is currently vacant with trees and vegetation occupying a large portion of the property surrounding land uses are entirely residential, consisting generally of detached dwellings of various lot frontages 2.0 Applicant's Proposal • the applicant is proposing to amend the existing zoning to allow for the creation of five new lots fronting Pine Grove Avenue with a minimum frontage of 12.0 metres, and to allow four 15.0 metres lots with side yard widths of 1.2 metres on Woodview Avenue (see Applicant's Submitted Plan - Attachment #2) • the applicant has submitted land severance applications to the Region of Durham Land Division Committee; in accordance with the Pickering Official Plan, which limits the creation of lots through land severance to a maximum of three, the applicant has also made a separate request for Council approval to allow for the creation of nine lots through land severance rather than through plan of subdivision 3.0 Official Plan and Zoning 3.1 ,Durham Regional Official Plan • the Durham Regional Official Plan designates the subject lands as "Urban Areas - Living Areas"; lands within this designation shall be used predominantly for housing purposes • the proposal appears to conform to the Durham Regional Official Plan ATTACHMENT # y TO Information Report No. 13-11 REPORT # PD-- ~ Page 2 1 R~ 3.2 Pickering Official Plan • the City of Pickering Official Plan designates the subject property as "Urban Residential - Low Density Area" within the Highbush Neighbourhood; lands with this designation are intended primarily for housing at a net residential density of up to and including 30 units per net hectare • the Highbush Neighbourhood policies encourages new development on Woodview Avenue and Pine Grove Avenue to be compatible with the character of existing development, and the preservation of vegetation to the greatest extent possible through the use of strategies including: ' • lower lot coverages, wider lot frontages, deeper lot depths, wider side yards, deeper front yards, lower building heights and lower densities along the existing older roads • buffering between new development and existing older development • careful establishment of lot lines and siting of new dwellings to reflect existing buildings setbacks and yard depths to assist in the protection of significant vegetation • . tree preservation plans • Schedule II - Transportation Systems designates Woodview Avenue and Pine Grove Avenue as "Collector Roads" 3.3 Zoning By-law 3036 • the subject property is zoned "R4" - Fourth Density Residential Zone. • the "R4" zoning permits detached dwellings on lots with a minimum frontage of 15.0 metres, a minimum lot area of 420.0 square metres and minimum side yard widths of 1.5 metres • an amendment to the existing zoning by-law is required to allow for the creation of lots with a minimum lot frontage of 12.0 metres on Pine Grove Avenue, and side yard widths of 1.2 metres for the four proposed lots fronting Woodview Avenue 4.0 Results of Circulation 4.1 Resident Comments • a neighbouring resident opposes the proposed side yard width reduction to 1.2 metres from 1.5 metres for the proposed lots on Woodview Avenue on the grounds that it will change the look of Woodview Avenue, and that the proposed lot sizes can easily accommodate homes that meet the existing zoning (see Resident Comment -Attachment # 3) ATTACHMENT # ~ TO Information Report No. 13-11 REPORT # PD 2S-11 Page 3 89 4.2 Agency Comments • no comments received to date 4.3 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • evaluating whether the proposed 12.0 metre lot frontages on Pine Grove Avenue and resultant development will maintain the character of the neighbourhood • evaluating whether the proposed reduced side yard widths for the four proposed lots on Woodview Avenue is consistent with the character of the neighbourhood • preservation of existing vegetation to the greatest extent possible • proposed sustainable development components 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 Cierk • 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.an oral submission at•th ,I Lo %Airi++on cllhmiccinr~c G pub Ic meeting, 1v1 11 Ia,w rv 111w1I J.I VI nvvly. to the City of Pickering before the proposed zoning by-law is approved or refused, the Ontario Municipal Board may dismiss the appeal 6.0 Other Information 6.1 Appendix No. • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report ATTACHMENT #y To Information Report No. 13-11 REPORT # PD_ __2_e-11 Page 4 6.2 Information Received I • 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 • Sustainability Report • Architectural Design Statement . • Phase I Environmental Site Assessment 6.3 Company Principal • the owner of the subject property is The Estate of Paul Pickard • the authorized agent is-Grant Morris and Associates ORIGINAL SIGNED BY ORIGINAL SIGNED BY Mila Yeung Marg Wouters, MCIP RPP Planner I Manager, Development Review & Urban Design MY:ld Attachments f Copy: Director, Planning & Development ATTACHMENT TO REPORT # PD 191 Appendix No. I to Information Report NO. 13-11 Commenting Residents and Landowners (1) Tony Accardi Commenting Agencies (1) no comments received to date f Commenting City Departments (1) no comments received to date i ATTACHMENT 5 TO 9 2 REPORT # PQ 2i~5 _ Excerpts from City 04 _ Planning & Development - Committee Meeting Minutes PIC Monday, June 6, 2011 7:30 pm - Council Chambers Chair: Councillor O'Connell (II) Part `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 5/11 The Estate of Paul Pickard 1861 Woodview Avenue (Part Lot 12, Plan 282) City of Pickering Mila Yeung, Planner I provided an overview of zoning by-law amendment application A 5/11. Grant Morris, consultant on behalf of the applicant appeared before the Committee in support of the application.. He provided clarification with respect to the reasons for seeking approval through land severance to allow for the creation of nine lots. He noted that services are already located on these lots and explained the types of homes to be built on the site. Tony Accardi, 1857 Woodview Avenue appeared before the Committee in opposition to the application. He felt there was no need to change the existing zoning by-law, stating there is ample space to build comparable homes on the street without the need for a 1.2 metre setback. He noted he enjoys the five foot setbacks and when he purchased his home he liked the character of the street. He noted that side yard widths of 1.2 metres would not blend in with the neighbourhood. He stated he had compiled a petition with 14 names from the immediate area and had submitted this to the Planner. He asked the Committee to stay within the existing by-law and reject the application. Carolyne Pascoe, 1862 Woodview Avenue, appeared before the Committee and noted that there were a lot of mature trees on the property and stated that she enjoys the large trees and did not want to see them gone. She asked that the character of the street be retained and to keep as many trees as possible. 1 ATIACHIIiENT # 5 TO REPORT # PQ 2e _/I Excerpts from City Planning & Development _ Committee Meeting Minute -P-9 3 PIC RING Monday, June 6, 2011 7:30 pm - Council Chambers Chair: Councillor O'Connell Gaetano Accardi, 1855 Woodview Avenue appeared before the Committee in opposition to the 1.2 metre setback being requested. He stated that 4,000 to 6,000 square foot homes could easily be built with the current 1.5 metre setbacks. Ernest Jugovic, 1858 Woodview Avenue appeared before the Committee and noted that he did not oppose the new homes but did not support a 1.2 metre setback. He stated that he would prefer to see the width kept at 1.5 metres and also noted that he would like to see the trees kept. Grant Morris appeared before the Committee to address the resident's concerns and noted the difference in setbacks being requested only amounts to a matter of inches. 2 ATTACHIMENT TO RENORI # PD 94 June 2, 2011 RECEIVED Milo Yeung Planner Planning & Development Department 7111 i s City of Pickering CITY O PeCKERIN'•'u One The Esplanade PLANNING DEL'E>_OPfv9ENT DEPART T PVIEN'+ Pickering, ON L1V 6K7 Dear Mrs. Yeung The Regional Re: Zoning Amendment Application A 05/11 Durham of of Applicant: The Estate of Paul Pickard Planning Department Location: 1861 WOodview Avenue 605 ROSSLAND ROAD E Part of Lot 12, Plan 282 aTM FLOOR Municipality: City of Pickering PO BOX 623 WHITBY ON L1 N 6A3 CANADA The Region has reviewed the above noted application and offers the Fax: following comments for your consideration. 668905--666-6208 Fax: _ Email: planning@durham.ca www.durham.ca The purpose of this application is to permit the creation of five residential lots on Pine Grove Avenue with a minimum frontage of 12.0 metres and to A.L. Georgieff, MCP, RPP allow for four 15.0 metre lots with side, yard widths of 1.2 metres, on Commissioner of Planning Woodview Avenue. Regional Official Plan The lands subject to these applications are designated "Living Areas" in the Durham Regional Official Plan (ROP). Living Areas shall be used predominately for housing-purposes., This proposal adds additional residential units within an existing residential area and is permitted within the Living Areas designation of the ROP. Provincial Policies & Delegated Review Responsibilities i his 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. "Service Excellence fo,VO Jr_ caimunities" 1- _ 100% Post Consumer ATTACHMENT TO REPORT # PD _ S Potential Site Contamination 195 A Phase 1 Environmental Site Assessment prepared by V.A. Wood Associates Limited has been submitted in support of the application. The report indicates that there is a very low probability of potential contamination and further indicates that further site investigation is not warranted. The Region requires that a Regional Reliance Letter and Certificate of Insurance be submitted. Regional Servicing Any requirements financial and otherwise concerning the provision of Regional services will be dealt with during the associated land division process. Please do not hesitate to contact the undersigned should you have any j questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planning Analyst cc: Regional Works Department - Pete Castellan Attachments: Sample Reliance Letter Certificate of Insurance 2 1 9 6 ATTACHMENT # (O TO REPORT # PD RELIANCE LETTER At the request of CDE Ontario Ltd. and for other good and valuable consideration, ABC Engineering Ltd. represents and warrants to the. Regional Municipality of Durham ("Region") that it is a Qualified Person within the meaning of the Environmental Protection Act and associated Regulation 153/04 for purposes of preparing and submitting the environmental reports listed below under Brownfield Regulation 153/04 to the Ministry of the Environment. If applicable, ABC Engineering Inc. also represents and warrants that it meets the MOE requirements in relation to the preparation and supervision of a risk assessment. ABC Engineering Ltd. agrees that the Region may rely upon the reports listed herein, including the representations, assumptions, findings, and recommendations contained in the reports: Phase I ESA Phase 11 ESA Other Environmental Site Assessment Documentation RSC ABC Engineering Ltd. further agrees that this Reliance Agreement takes priority over any limitation on use contained in the reports listed herein including that the reports were otherwise prepared solely and exclusively for CDE Ontario Limited under contract dated ABC Engineering Ltd. understands and agrees that it is appropriate to extend reliance to the Region in relation to the reports listed herein so as to assist the Region in its assessment of the environmental suitability of CDE's application for development. ABC Engineering Ltd. intends to establish privity between itself and the Region by entering into this Reliance Agreement. ABC further agrees that it will promptly notify the Region upon receipt of notice by the Ministry of the Environment that the Ministry of the Environment intends to audit any of the reports listed herein and if so, to provide the Region with written confirmation of the results of the audit including that any Record of Site Condition was approved by the Ministry of the Environment under Brownfield Regulation 153/04. ATTACHMENT # TO 1 9 REPORZ # PD ABC further agrees that it will provide the Region with a written acknowledgement from the Ministry of the Environment that any of the reports submitted by ABC Engineering to the Ministry of the Environment will not be the subject of a Ministry of the Environment audit. ABC Engineering represents and warrants that it is in compliance with the Brownfield Regulation 153/04 and specifically, the insurance provisions contained .therein. ABC Engineering shall provide the Region with proof of insurance and maintain Professional Liability insurance coverage of $2,000,000 per claim and $4 million aggregate. ABC Engineering agrees that it shall be responsible to indemnify and save the Region harmless from any and all claims, demands, causes of action, costs, including defending against any legal proceedings or other damages howsoever arising from the Region's direct or indirect reliance upon the representations, findings, assumptions and conclusions contained in the reports prepared by ABC Engineering Ltd. listed herein save and except any damages, claims, demands, actions or causes or action arising out of or as a result of the negligent actions of the Region, its agents or employees. Signed by Qualified Person Date: Signed by Consulting Firm Notes: Edits to this document are only permitted in areas underlined and marked in italics ie: CDE Ontario Ltd. Proof of Liability insurance will only be accepted on Region of Durham "Certificate of Insurance" form. ATTACHMENT # _7 TO n REPORT # PD ~S~~I 18 Q ~ S'EI WIT nHaNVS > 11 A,I a a oaooo z=z sae°un S'EI m ~ ° ° C N C °00° CL °oia O OI s'ET ~ j a ~~8 0 Al " QQ ~ a DRIVE w Q o W60& °d W et t E'EI O O~ o c Z W Q C N, DO ro ~e h al Q C 20' 6e ~6l Cl) Gel `e< sbl Gel Gel l 6<I S. T01 a 1:]]~J1S Nine>ido 0 N f/ / - f'SS 6'ii 0'21 0.21 0'21 0.21 TSi S'2T S21 S'2T 2.2i (A _ '~Ja :INba~JON W .l ,l .l •l 2 8 O U) z ~Q V J W N m N c = ^ z o's1 o'si o•sl o•sT e•ei e•91 f•y2 > iinN3AV M3InaOOM < co 0'sT 0'S 0'ST 0'SI 0'S[ 0'91 6ST N R N a d N r ~ ~ m ~ p d J Q ~ M3IA000M a c o Z LL . > a 00M>1 O o C a a J r o+ v L Q o w r z CD O w :1nl ' a a~ y o w a U~ U z p w P W z U~ CL U a 0 LL ATTACHMENT 8 TO REPORT # Pe 2e -It 199 I(VC u V L /VLE\1 U 21A 33.4 351 16.4 14.9 14.9 15.5 14.9 14.9 1 ' 11.9 ct 17.5 v5 L.L; NA 0 CIL, f 1 0 N i...l.-_ L in 2 {cf} N O o N s ~J N N W 4 N w~src E 14 N ^5 N Fqi i N cu Ih N N N k J ~ ~ t -r N LL..: s 3: r N L N ti > M Q (6 cu n n z n N vs 0 0 .0 n M/ in+ w in n n bn a N l cy cu c: m a P M F- m N n V^S W N N h N NmN N N n w City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part Lot 12, Plan 282 07\ OWNER Estate of P. Pickard(A. Snyder) DATE Aug.3, 2011 DRAWN BY JB / FILE No. A 005/11 (Lot Frontages) SCALE N.T.S. CHECKED BY RP N o c urcer• e Teronet EntsrpAses Ins. antl lb wppllers. NI rights Reserved. Not a plan of survey. 0 2005 MPAC and tts ru Ilea. All r1 hb Rerervad. Not a Ian w 5,,,~e PN~10