Report to: Development Services Committee Report Date: March 3, 2009

SUBJECT: RECOMMENDATION REPORT

Application for Site Plan Approval to permit a telecommunications tower at 5546 Major Mackenzie Drive Telus Mobility

SC 07-129393

PREPARED BY: Doris Cheng, Senior Planner – East District

RECOMMENDATION:

THAT, the staff report entitled “Application for Site Plan Approval to permit a telecommunications tower at 5546 Major Mackenzie Drive, Telus Mobility, SC 07-129393” be received;

THAT the presentation by Robert Dragicevic of Walker, Nott, Dragicevic Associates regarding the proposed telecommunications tower be received;

THAT the application for site plan approval be approved subject to the conditions outlined in Appendix ‘A’;

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

FINANCIAL CONSIDERATIONS:

Not applicable

The subject property consists of approximately 4.0 hectares (9.9 acres) located on the north side of Major Mackenzie Drive, east of McCowan Road and west of Markham Road. To the north and east are agricultural lands, to the west are the Markham Missionary Church and a golf driving range and to the south is the Wismer Commons Community. The lands within the Wismer Commons, just south of Major Mackenzie Drive, contain some completed residential homes as well as vacant lands which are currently under review by Town Staff for draft plan approval of a residential plan of subdivision. The development of this area has been slow to proceed due to servicing allocation constraints.

The subject lands contain a single detached home and detached garage with a driveway access from Major Mackenzie Drive. The subject lands contain several mature trees. Abutting the subject property are a few single detached dwellings situated on large lots, which are used for farming.

A monopole tower is proposed on the site

The proposed 41 meter, white monopole tower will be situated within a 12m x 15m compound, with a 30.1 m² equipment shelter at the base, all situated within a fenced compound, located north of the existing detached garage building in the northern portion of the property, approximately 75 metres from the Major Mackenzie Drive property line.

Access to the facility during construction and for maintenance purposes will be through an existing driveway entrance off of Major Mackenzie Drive.

The applicant has noted that the base of the tower will be screened from public view as it is located behind the existing detached garage and also has existing large trees along the east property line to further screen the facility. It is anticipated that the equipment shelter will be completely shielded from view by the garage, and a solid wood fence will also be provided along the eastern portion of the compound area for additional screening.

Official Plan and Zoning By-law

The Official Plan (revised 1987) designates the subject lands as Agriculture One (A1) which permits uses primarily and predominantly for farming activity and associated rural residential uses. The subject lands are also zoned Rural Residential 4 (RR4) under By-law 304-87, as amended, and does not provide for the proposed use. However, telecommunications facilities are federally regulated ad are not subject to the Town’s Official Plan and By-laws.

It has been determined that the subject lands are also within the Minister’s Zoning Order, Ontario Regulation 104/72 associated with a possible future Pickering airport in the area. This regulation limits the site to agricultural uses and accessory buildings and structures associated with an agricultural operation, but also permits telephone or telegraph company use for the purpose of providing a service to the public. While the lands are also subject to the Federal Pickering Airport Site Zoning Regulations, the Ministry of Municipal Affairs and Housing have indicated through written correspondence that there are no concerns related to the proposal, subject to obtaining permits from Transport Canada and the Greater Toronto Airport Authority.

OPTIONS/ DISCUSSION:

Conditions of Leased Premises for Telecommunications Facility

Telus Mobility has entered into an agreement with the owner (Petronella Eeuwes) of the property as of June 1, 2007 that expires in 5 years. The total leased area is 635m² or 0.06ha (which includes the driveway access) and the lease stipulates that Telus has the right to extend the lease for an additional 3 terms of 5 years. In addition, the agreement provides for the removal of the telecommunications pole and associated equipment by Telus if the lease is not renewed.

Co-location of Two Carriers is not possible

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. Telus has indicated that the proposed location is a suitable candidate for their coverage objectives. Should they be required to co-locate at a new site, the coverage would not be adequately addressed, and another site may be required, therefore, it is not possible to co-locate with Bell or Rogers, as neither carrier has a site that could provide the necessary coverage.

The applicant has notified staff that the design of the proposed tower can accommodate co-location if the opportunity arises; however Telus has not received any request for co-location at this time. Town staff has contacted Bell and Rogers to inform them of this site and possible co-location opportunity. Bell and Rogers representatives are currently investigating their coverage in the area and are considering the proposed location. Should another carrier wish to co-locate on this proposed tower, the applicant is encouraged to accommodate co-location of multiple carriers as required by the Town’s Policy for Establishing Telecommunication Tower/Antenna Facilities.

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 41m (134.5 feet) in height]. The Policy also states that notice of the community information session must be sent to all property owners within a radius of 250m of the base of the tower. Approximately 36 property owners in the area were notified of the community information session.

The community information session was held on December 4, 2008 at the Angus Glen Library Meeting Room. In attendance were the consultants representing Telus Mobility, Town staff and the Ward Councillor. During the time of the meeting, no property owners were in attendance, and no written submissions were received.

As per Town policy, a representative for Telus Mobility has made a request to provide a deputation to the Development Services Committee to seek approval of the site plan application.

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.

CONCLUSIONS:

To date, no issues have been identified with regard to the proposed tower and staff recommends that the application be approved. If the application is approved by Committee, a copy of the Council Resolution and the approved site plan will be forwarded to Industry Canada for their approval.

RECOMMENDED BY:

Biju Karumanchery, M.C.I.P., R.P.P.

Senior Development Manager

Planning & Urban Design

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

Commissioner, Development Services

ATTACHMENTS:

Appendix ‘A’ – Site Plan Conditions

Figure 1: Location Map

Figure 2: Area Context and Zoning

Figure 3: Air Photo

Figure 4: Site Plan and Proposed Compound

Figure 5: Photo Rendering

Figure 6: Photo Rendering

APPLICANT/AGENT: Robert Dragicevic

Walker, Nott, Dragicevic Associates Limited

172 St. George Street

Toronto, Ontario M5R 2M7

Telephone: 416-968-3511

Fax: 416-960-0172

E-mail: admin@wndplan.com

FILE PATH: Amanda\File 07 129393\Documents\Recommendation Report

APPENDIX ‘A’: SITE PLAN CONDITIONS

1. THAT the owner submit final drawings, and comply with all requirements of the Town and authorize public agencies, including Transport Canada and the Greater Toronto Airport Authority, to the satisfaction of the Director of Planning or her designate;

2. THAT Industry Canada and the Region of York be advised, in writing, of this site plan approval and that this approval is with respect to this location only;

3. AND FURTHER THAT the applicant coordinate requests for possible shared use(co-location) of this facility with other telecommunication service providers to the satisfaction of the Town and Industry Canada;

4. THAT Telus Mobility is responsible for all matters related to grading, utility location, external approvals, engineering, structural design, etc.;

5. THAT a landscape plan, prepared by a landscape architect having O.A.LA. membership, be submitted to the satisfaction of the Director of Planning or her designate;

6. THAT a tree preservation fence be installed prior to commencing construction in order to protect the trees along the east property line to the satisfaction of the Director of Planning or her designate;

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

8. THAT this endorsement shall lapse after a period of three (3) years commencing March 3, 2009, should the development not proceed in a timely manner.

Figure 1.0 – Location Map