TO:           Mayor and Members of Council  

 

FROM:     Jim Baird, Commissioner of Development Services

                  Valerie Shuttleworth, Director of Planning and Urban Design

 

DATE:      January 13, 2009

 

RE:           Rogers Wireless Inc.          

Site Plan Control Application to Permit Flagpole Style Telecommunications Tower at the Salvation Army Church site at 9329 McCowan Road

                  File Number:  SC 05 020638

                                                                                                                                                

 

RECOMMENDATION:

THAT the memorandum dated January 13, 2009 entitled “Rogers Wireless Inc., Site Plan Control Application to Permit a Flagpole Style Telecommunications Tower at the Salvation Army Church site at 9329 McCowan Road, SC 05 020638” 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’.

 

BACKGROUND:

This Application was presented at the November 6, 2007 Development Services Committee Meeting

The subject application to locate a single 35m flagpole style tower to accommodate Rogers Wireless Inc. and Telus Mobility was brought forward for Committee’s consideration at the November 6, 2008 meeting.  At this meeting, the applicant gave a presentation regarding the proposed location of the telecommunication tower.  Also in attendance was a representative of 16th McCowan Holdings Limited (Fieldgate Homes), who 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.  The developer’s representative expressed concerns with the close proximity of the telecommunication tower to his client’s future residential development and asked whether alternative site location had been explored by the applicant.

 

The applicant advised that the Salvation Army has plans for future expansion and therefore, the proposed tower could not be located to the east of the existing place of worship building. The applicant also noted that the site is owned by different divisions of the Salvation Army (local and national) and that since the proposed lease arrangement is with the local division of the Salvation Army, it has been determined that the proposed telecommunication tower and compound can not be located on lands at the north end of the site because they are owned by the national division.  Moreover, the applicant also indicated that the Region was not agreeable to locating the facility on the existing Water Pumping Station site immediately south of the subject lands. 

 

Committee requested that the applicant continue to discuss possible alternate locations with the Salvation Army Church, in consultation with Town staff.  The application was deferred so that alternative locations on-site could be explored.

 

OPTIONS/DISCUSSION:

The applicant has revised the plans to satisfy the adjacent landowner

Since the November 6, 2007 Development Services Committee Meeting, staff met with the applicant and the representative of Fieldgate Homes to discuss alternative locations.  In these discussions, the representative of Fieldgate Homes advised that his preference would be to have the proposed telecommunication tower located either on the Region of York Pumping Station lands or on the subject lands, but closer to the 16th Avenue frontage.  The Region has since confirmed in writing their position that the facility could not be accommodated on the pumping station site noting that the timing for decommissioning of the Pumping Station was scheduled to occur in the next 10 years and that the lands would likely change ownership at that time.  The applicant agreed to consider relocation of the compound on the site, to address Fieldgate Homes’ concerns, to the extent possible.

 

On September 19, 2008, the applicant provided a new site plan for consideration showing the tower and compound relocated 50.63 m (166 ft) south of the original location (see Figures 2 and 3).  The tower is now proposed to be situated within a revised 6 x 15 m fenced compound to address the new narrower site beside the septic bed.  The revised plan also replaces the equipment shelters and instead contains 4 radio cabinets for Rogers equipment and 2 radio cabinets to accommodate Telus equipment.  The applicant has indicated that the cabinets typically produce less noise than the shelters and does not anticipate noise issues related to the revised design.

 

The applicant advised that the revised location was limited by several factors, including the Salvation Army’s future plans for expansion, the existing septic bed on the site, the division of land ownership within the property, access issues for installation and maintenance, as well as the desire to not move the facility so far to the south as to trigger another public meeting with the people on the south side of 16th Avenue.   

 

CONCLUSION:

Having revised the plans to address the concerns of the adjacent landowner to the extent feasible, Rogers Wireless Inc. is now requesting approval of the site plan application.  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.  

  

 

Figure 1:  Location Map

 

 

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 any noise mitigation measures that may be required, as outlined in the revised acoustical report prepared by HGC Engineering, 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 makes 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 January 13, 2009.