TO:           Mayor and Members of Council  

FROM:     Jim Baird, Commissioner of Development Services

                  Biju Karumanchery, Senior Development Manager

DATE:      May 19, 2009

RE:           Rogers Wireless Inc.          

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

                  File Number:  SC 05 020638

                                                                                                                                      ______          

RECOMMENDATION:

That the memorandum dated May 19, 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;

That the application for site plan approval be endorsed in principle 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.

BACKGROUND:

Application has been considered by Committee in November, 2007 and February, 2009

On November 6, 2007, an application to locate a single 35m flagpole style telecommunications tower on the Salvation Army site at 9329 McCowan Road was considered for approval by Committee. The tower was proposed to be sited near the east limit of the property, approximately in line with the north limit of the church parking lot, and would accommodate both Rogers Wireless and Telus Mobility (see Figure 2). A representative of 16th McCowan Holdings Limited (Fieldgate Homes), who own the properties immediately to the east which are currently subject to draft plans of subdivision, expressed concerns with the proximity of the telecommunication tower to his client’s future residential development. Committee deferred the application so that alternative locations within the property could be explored.

On February 3, 2009, Committee considered a staff report recommending approval of a revised location further south along the east property line (see Figure 3). The Fieldgate Homes representative again expressed concerns related to the location of the tower, requesting the tower be relocated further west into the Salvation Army’s lands so as not to negatively impact his client’s future residential properties. Committee suggested the applicant and the Salvation Army Church meet with the Mayor and staff to investigate locations within the site that would have less of an impact on the existing and future residential communities.

On February 24, 2009, staff met with the Mayor, representatives from Fieldgate Homes, Rogers Wireless and the Salvation Army to discuss alternative locations. On April 14, 2009, Rogers submitted a revised location agreed to by the Salvation Army and Rogers Wireless, at the south property line, approximately 46 metres west of the Fieldgate property (see Figure 4). The applicant has determined that, given the constraints associated with the numerous other locations considered, this new location is the most viable tower location.

OPTIONS/DISCUSSION:

The location of the proposed telecommunications tower is limited

The applicant has advised that the location of the tower is limited by several factors including:

§ The Salvation Army’s future plans for expansion to the rear of the existing church

§ Location of the existing septic bed immediately to the east of the Salvation Army Church

§ Division of land ownership within the property (i.e., different divisions of the Salvation Army)

§ Access issues for installation and maintenance of the proposed telecommunications tower.

Access to the new location requires further consideration

Staff expressed concerns related to the extensive amount of paving that would be required to access the new proposed location. Rogers Wireless has indicated that they would also like to reduce the amount of land required for access, and that the maintenance access is typically gravel, not asphalt, thereby reducing runoff. However, Rogers would like to obtain consensus from the Town and Fieldgate Homes with regards to the location prior to further discussing access issues. They have indicated that the currently proposed access is being considered a temporary access until Rogers Wireless and the Salvation Army can investigate alternative access opportunities. A condition related to the extent and location of the access is included in the conditions of site plan approval attached as Appendix ‘A’.

Previously identified conditions of site plan approval still apply

Previously identified conditions of site plan approval, including conditions related to noise and tree preservation fencing, continue to apply and are attached as Appendix ‘A’.

No further public consultation required

In accordance with the Town’s policy for establishing telecommunications towers, a public information meeting was held on March 29, 2007. While the policy states that notice to the community be sent to all property owners within a 120m radius of the base of the tower, at the request of the Ward Councillor, the applicant agreed to widen the notice area to owners within 120m of the Salvation Army property boundary. Approximately 90 property owners in the area were notified of the public information session, and eight attended the meeting, in addition to the Fieldgate Homes representative. Three of the eight property owners expressed opposition to the proposed location, which at the time of the meeting was the location shown in Figure 2. At the meeting, the applicant provided reasons why alternative locations proposed by the residents were not feasible.

Staff have been advised that Fieldgate Homes does not object to the new tower location shown in Figure 4. As very few (approximately 12) individual lots are within 120m of the revised tower compound, and only one is wholly within the 120m radius, staff are of the opinion that another public information meeting is not warranted. Staff will notify those who attended the March 2007 public information meeting and those who made deputations to Development Services Committee, that Committee will be considering approval of a revised location on May 19, 2009.

CONCLUSION:

Having revised the plans to address the concerns of the adjacent landowner, 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.  

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 explore additional opportunities to reduce the required amount of paving for the maintenance access to the tower compound, to the satisfaction of the Director of Planning and Urban Design.

3. 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 trees along the east property line, to the satisfaction of the Director of Planning and Urban Design.

4. That Rogers Wireless be responsible for all matters related to grading, utility location, external approvals, engineering, structure design, etc.

5. 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.

6. That the applicant makes arrangements to pay all applicable fees, recoveries, and development charges.

7. 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 May 19, 2009.