Report to:  Development Services Committee                         Report Date:  November 6, 2007  

 

 

SUBJECT:                          Recommendation Report

                                            Application for Site Plan Approval to permit a telecommunications tower at the Salvation Army Church site at 9329 McCowan Road

                                            Rogers Wireless Inc.

                                            SC 05 020638

 

PREPARED BY:               Sabrina Bordone, Planner – East District

 

 

RECOMMENDATION:

THAT the staff report entitled “Application for Site Plan Approval to permit a telecommunications tower at the Salvation Army Church site, 9329 McCowan Road, Rogers Wireless Inc., SC 05 020638” be received;

 

THAT the presentation by Ms. Terri Daniels of Rogers Wireless Inc., regarding the proposed flagpole style telecommunications tower, be received;

 

AND THAT the application for site plan approval be endorsed in principle subject to the general and specific conditions outlined in Appendix ‘A’.

 

 

FINANCIAL CONSIDERATIONS:

Not applicable

 

 

1. Purpose                           2. Background         3. Discussion             4. Financial         5. Environmental

PURPOSE:

The purpose of this report is to review and endorse an application for Site Plan Approval for a proposed telecommunications tower at 9329 McCowan Road within the Wismer Secondary Plan Area.    

 

 

BACKGROUND:

Property and Area Context

The subject property consists of approximately 3.0 ha (7.4 ac) located north of 16th Avenue on the east side of McCowan Road within the Wismer Commons Secondary Plan Area (see Figure 1).  The site, owned by the Salvation Army, currently contains a one-storey place of worship, fronting onto McCowan Road, and a single-detached dwelling, fronting onto 16th Avenue.  The subject lands contain mature vegetation, particularly along the east property line. 

 

To the north are a number of rural residential lots fronting onto McCowan Road.  To the east are vacant lands for which a draft plan of subdivision (19TM-98006) has been submitted to the Town.   To the south is a Region of York Water Pumping Station.  To the west, across McCowan Road, are semi-detached and townhouse dwellings (see Figures 2 & 3).     

Flagpole Style Telecommunications Tower is Proposed

The proposed 35 m high flagpole style tower will be situated within a 12 x 14 m compound, with two equipment shelters at the base of the tower, all of which are to be situated within a fenced compound.  Access to the telecommunications site will be facilitated through an existing entrance off of McCowan Road, toward the north end of the subject property (see Figures 4 & 5).

 

A Number of Locations on the Subject Lands and in the Vicinity were Considered

A number of locations within the property were investigated as potential sites for the tower.  These included a location immediately behind the church, a location on the east side of and in close proximity to the existing parking lot, as well as a location at the northeast corner of the property.  All these locations were ruled out due to the church’s future expansion plans or proximity to existing residential properties.  Rogers Wireless had also investigated a location within the York Region Pumping Station site immediately to the south, but the Region was not prepared to accommodate the tower. 

 

Official Plan and Zoning 

The Official Plan (Revised 1987) designates the subject lands “Institutional”.    The Wismer Commons Secondary Plan includes the subject lands within the “Institutional” designation which is intended to accommodate places of worship, as well as various types of community, educational, and health care uses. 

 

The subject lands are zoned “Rural Residential Four” by By-law 304-87, as amended, with a site specific exception (Exception 13.3) which restricts the uses on the property to a place of worship and a single-detached dwelling.  However, telecommunications facilities are Federally regulated and are not subject to the Town’s By-laws.               

 

 

OPTIONS/ DISCUSSION:

Co-location of Two Carriers is Proposed

The Town’s Policy for Establishing Telecommunication Tower/Antenna Facilities, dated June 25, 2002, mandates that the co-location of carriers occur wherever possible to minimize the number of telecommunication sites required.  Shortly after the subject application was received, Telus Mobility approached the Town about a site in the same area.  Staff, in consultation with Rogers Wireless Inc. and Telus Mobility, determined that the two carriers could be installed on a single flagpole design at the proposed location.

 

Public Consultation Process

The Town’s Policy requires that a community information session be held for telecommunication towers that are higher than 16.6 m (54.5 ft) in height [as previously indicated, the proposed tower is 35 m 114.8 ft) in height].  The Policy also states that notice of the community information session must be sent to all property owners within a radius of 120 m of the base of the tower.  However, at the request of the Ward Councillor, the applicant agreed to widen the notice area and sent notices to property owners within 120 m of the property boundary.  Approximately 90 property owners in the area were notified of the community information session.

 

The community information session was held on March 29, 2007 at the Salvation Army Church.  In attendance were representatives from Rogers Wireless Inc, representatives from the church, Town staff, the Ward Councillor, as well as eight property owners from the area.  Three property owners expressed their opposition to the proposed installation. 

Residents inquired as to the feasibility of locating the tower elsewhere, but were advised by Rogers Wireless representatives that the proposed location was selected based on current demands for required service improvements and gaps in existing coverage and that the locations suggested by the residents were either unavailable for this use or would not provide the necessary coverage.

 

A representative of 16th McCowan Holdings Limited (Fieldgate Homes) also attended the community information session and advised that his client owns the undeveloped properties immediately to the east and that subdivision applications have been submitted for both properties (19TM-98006 and 19TM-02011) but that draft approval has not yet been granted due to servicing capacity restrictions.  A letter was submitted on behalf of Fieldgate Homes expressing concerns.  These concerns have been addressed as discussed below.    

 

Noise Impacts Resulting from the Installation of Equipment

A concern was expressed regarding potential noise from the proposed installation.  In response, the applicant undertook an acoustics review which found that the air conditioning units, to be installed as part of the proposed equipment shelters, would result in noise levels which exceed provincial guidelines and recommended that the units be reoriented to face away from the future homes, to the west side of the proposed equipment shelters.  This reorientation would have the added benefit of increasing the setback distance from the lands to the east and allow the equipment shelters themselves to shield the noise [the existing rear yard setback to the Telus equipment shelter is 6.8 m (31 ft) and the existing rear yard setback to the Rogers equipment shelter is 8.5 m (28 ft)].  A peer review of the noise study conducted on behalf of Fieldgate Homes generally concurred with the conclusions of the report and concerns raised by the peer reviewer have been addressed by the applicant’s noise consultant.  The applicant has agreed to change the position of the air conditioning units as recommended by the noise study. 

 

The Proposed Installation will not Impact Development on Abutting Lands

A concern was raised as to whether the proposed installation would result in greater setback requirements for typical rear yard structures and amenities such as pools within the future residential properties to the east.  A structural analysis was undertaken by the applicant which found that the closest foundation in the Rogers compound is 4.23 m (14 ft.) from the property line and concluded that the proposed telecommunications installation will place no limitations on pool installations and other typical residential installations provided they comply with the setbacks from the property line set out by the Town’s Zoning By-law.

Screening of Rear Yard View from Tower and Associated Equipment

Screening of the proposed tower and its associated equipment shelters was also a concern raised at the information session.  A row of mature spruce trees currently exist along the east property line, which will assist in reducing the visual impact of the tower and associated facilities on the future residential dwellings to the east.  In addition, the equipment shelters will be screened by a 2.4 m (7.9 ft) high wood fence.  Moreover, the applicant has advised that the flagpole style design for the tower was chosen as it was felt to be the most appropriate from a visual standpoint for this location given its close proximity to institutional and residential uses.

 

Additional Concerns

A subsequent letter from solicitors representing 16th McCowan Holdings was also submitted which, in addition to previously raised concerns, expressed concern regarding land use compatibility and the negative impacts associated with the proposed tower as they relate to existing and proposed residential uses in the vicinity.  The letter also made reference to electro magnetic emission and the expected Mg reading at the boundary line. The applicant responded by stating that this facility will meet “Health Canada’s Safety Code 6 (SC6) guidelines” and that this is one of the criteria for licensing telecommunications facilities. 

 

Conditions of Leased Premises for Telecommunications Facility

Rogers Wireless has entered into an agreement with the Governing Council of the Salvation Army of Canada that expires February 28, 2017, with the right to extend the lease for an additional 11 years less one day.  Rogers Wireless is obligated to remove the telecommunications pole and associated equipment if the lease is not renewed. 

 

 

CONCLUSION:

As per Town policy, Rogers Wireless Inc. has made a request to provide a deputation to the Development Services Committee to seek approval of the site plan application from the Committee.  If the application is endorsed by the Development Services Committee, a copy of the Council Resolution and the approved site plan will be forwarded to Industry Canada for their approval.  


 

FINANCIAL TEMPLATE (external link):

Not applicable. 


 

ENVIRONMENTAL CONSIDERATIONS:

The subject lands contain mature vegetation, particularly along the east property line.   As a condition of site plan approval, the applicant will be required to install a tree preservation fence prior to commencing construction in order to protect the existing spruce trees.     

 

ACCESSIBILITY CONSIDERATIONS:

No applicable. 

 

 

ENGAGE 21ST CONSIDERATIONS:

It is felt that the proposed telecommunications tower meets the corporate goal of infrastructure management in order to respond to the demands and expectations of a growing community. 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application was circulated to all Town departments and external agencies, and their recommendations/comments have been incorporated into this report.  

 

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                       Valerie Shuttleworth, M.C.I.P, R.P.P                 Jim Baird, M.C.I.P, R.P.P

                                             Director, Planning & Urban Design                Commissioner, Development

                                                                                                                                Services

 

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ATTACHMENTS:

Figure 1:  Location Map

Figure 2:  Area Context and Zoning

Figure 3:  Air Photo

Figure 4:  Site Plan

Figure 5:  Proposed Compound Layout Plan

 

 

APPLICANT/AGENT:

Mrs.  Terri Daniels

Rogers Wireless Inc.

8200 Dixie Road
Brampton, ON  L6T 0C1

 

Tel (647) 747-4909
Fax (647) 747-4600

 

 

 

 

 

 

 

 

 

 

Appendix ‘A’

 

SITE PLAN CONDITIONS

 

1.          THAT site plan approval be delegated to the Director of Planning & Urban Design or her designate, to be issued following the execution of a Letter of Undertaking.  Site plan approval shall be issued only when the Director has signed the site plan “approved”.

 

2.          THAT the applicant shall submit a Letter of Undertaking to the Town of Markham agreeing to the following:                                                             

 

a)      To implement the noise mitigation measures, outlined in the acoustics review prepared by HGC Engineering dated May 11, 2007 and September 6, 2007, to the satisfaction of the Director of Planning and Urban Design.

 

b)      To implement and monitor on-site sediment erosion control measures during construction of this development, as per Ontario guidelines on erosion and sediment control for urban sites and to the satisfaction of the Director of Engineering. 

 

c)      To install a tree preservation fence prior to commencing construction in order to protect the spruce trees along the east property line, to the satisfaction of the Director of Planning and Urban Design.

 

3.          THAT a landscape plan, prepared by a landscape architect having O.A.L.A. membership, be submitted to the satisfaction of the Director of Planning and Urban Design;

 

4.          THAT the applicant make arrangements to pay all applicable fees, recoveries, and development charges;

 

5.          THAT this endorsement shall lapse and site plan approval will not be issued in the event that a Letter of Undertaking, as required above, is not executed and submitted to the Town within a period of three years commencing November 6, 2007.