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3.
ZONING - PART OF 10 WARNER COLPITTS LANE ZONAGE - PARTIE DU 10,
RUELLE WARNER COLPITTS |
Committee recommendation
That Council approve an amendment to the former Township of Goulbourn Zoning By-law to change
the zoning of part of 10 Warner Colpitts Lane from Parks and Recreation (PR) to
a Parks and Recreation Exception Zone (PR-x) as shown in Document 1 and
detailed in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification
au Règlement de zonage de l’ancien Canton de Goulbourn afin de changer la
désignation de zonage d’une partie du 10, ruelle Warner Colpitts de zone de
parcs et loisirs (PR) à zone de parcs et loisirs assortie d’une exception
(PR-x), tel qu’il est indiqué dans le document 1 et expliqué en détail dans le
document 2.
Documentation
1.
Deputy
City Manager's report Planning,
Transit and the Environment dated
03 January 2007 (ACS2007-PTE-APR-0051).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
03 January 2007 / le 03 janvier 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe
Planning, Transit and the Environment/ Urbanisme,
Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
ZONING - Part of 10 Warner Colpitts
lane (FILE
NO. d02-02-06-0131) |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former Township of Goulbourn Zoning By-law to change the zoning of part of 10 Warner Colpitts Lane from Parks and Recreation (PR) to a Parks and Recreation Exception Zone (PR-x) as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver une modification au Règlement de zonage de
l’ancien Canton de Goulbourn afin de changer la désignation de zonage d’une
partie du 10, ruelle Warner Colpitts de zone de parcs et loisirs (PR) à zone de
parcs et loisirs assortie d’une exception (PR-x), tel qu’il est indiqué dans le
document 1 et expliqué en détail dans le document 2.
BACKGROUND
The subject site is located on part of 10 Warner Colpitts Lane. The property is located west of Stittsville Main Street and south of Beverly Street within Alexander Grove Park.
The Stittsville Arena, a 2500 square metre municipal building, currently occupies the 5.8-hectare site, along with two baseball diamonds, a soccer pitch and several tennis courts. The site’s natural features include forested sections north, south and west of the arena with Poole Creek flowing in an east-west direction along the north portion of the park. Adjacent land uses include mixed-use commercial businesses east along Main Street, parkland uses directly surrounding the proposed cell tower site, and the dominance of residential uses surrounding the park.
The applicant is proposing to construct a 36.6-metre high communications tower with an associated utility building at the rear of the existing Stittsville Arena. The site is currently zoned a ‘Parks and Recreation’ zone (PR) in the former Township of Goulbourn Zoning By-law and permitted uses are currently limited to parks and conservation uses. Unlike most municipal by‑laws, which generally permit communication towers in all or most zones, the Zoning By-law for the former Township of Goulbourn specifically defines and permits communication towers in limited rural zones only.
Purpose of Zoning By-law Amendment
The purpose of this application is to amend the Zoning By-law to permit a "communication tower" as an additionally permitted use within the PR zone. Furthermore, the applicant is seeking to obtain relief from the setback requirements associated with communication towers as regulated within the General Provisions Section of the Zoning By-law. Currently all communication towers must be setback one and a half times the height of the tower from all property lines.
DISCUSSION
Official Plan
The Official Plan designates this
site “Major Open Space” permitting such uses as sports, recreation,
leisure and cultural facilities that do not adversely affect the natural
environment, cultural heritage and open space characteristics of the area. However, under Section 3.1 of the Official
Plan entitled ‘Generally Permitted Uses’, uses to be permitted within all
land-use designations include Wireless Communication Facilities.
Rational for Approval
Wireless communication facilities are permitted
within Major Open Space designations of the Official Plan, and are subject to a
set of policies, which includes designing the tower such that it can be shared
with other service providers in the future.
The proposed tower’s height of 36.6 metres will be adequate to
facilitate other providers.
Bell Mobility has been experiencing problems
with telecommunications coverage in the Stittsville region and wishes to extend
services to those residents of Stittsville who are experiencing reception and
signal issues. The subject site was
chosen for both the extent to which Bell Mobility could provide service to the
residents of Stittsville, as well as the degree of visual impact the tower will
have on the community.
The tower will be 36.6 metres in height and
setback from the nearest residential unit by approximately 100 metres. No existing playing field or recreational
land use will be adversely impacted by the location of the tower.
Within the General Provisions of the former
Township of Goulbourn Zoning By-law any communications tower shall be setback
from all property lines a minimum distance of one and a half times the height
of the tower. Although the proposed
communications tower will require relief from this setback it will maintain the
integrity of this setback by marginally intruding into one adjacent residential
property (16 Beverly Street).
The 36.6-metre high tower should be setback
54.9 metres from all property boundaries, according to the general provisions
of the Zoning By-law (see Document 4).
As illustrated in the current site plan application, the tower will be
setback approximately 45 metres from the property boundary at 16 Beverly
Street. Despite being almost 10 metres
closer to a property line than permitted, the tower will be setback at least
100 metres from any residential building.
Furthermore, the rear yard setback of 16 Beverly Street is subject to a
30-metre setback requirement from Poole Creek, therefore, the tower would be
setback at least 54.9 metres from any residential unit should the house at 16
Beverly be rebuilt to its maximum setback on the lot. Subsequently, the proposed tower location will also respect the
required 30-metre setback from Poole Creek.
Concurrent Application:
An accompanying Site Plan Control Application
has been submitted to illustrate the site-specific details of the proposed
communications tower. The Site Plan
address such issues as, ensuring the tower and associated utility structure
does not adversely impact existing vegetation and forest habitat; all
construction respects the 1:100 year floodplain of Poole Creek; the
construction does not interfere with pedestrian connectivity and the design and
height is of a minimal impact to adjacent residential uses.
ENVIRONMENTAL IMPLICATIONS
Environmental Sustainability:
The area surrounding the Stittsville Arena known as Alexander Grove Park was identified in the Urban Natural Area Evaluation Study as having a moderate environmental rating, indicating that it is an area to be protected due to its ecological function. Some of the particular functions, which identify it as being significant, are that the forest is connected to other natural areas, the relative maturity of the forest, some significant flora and fauna and wildlife habitat. Accordingly measures should be taken to ensure there would be no loss of forest habitat through tree removal and/or damage, particularly along the western corridor and Poole Creek.
Mississippi Valley Conservation:
The Mississippi Valley Conservation has no objection to the approval of this application in the context of adding a communications tower as a permitted use within the Parks and Recreation Zone; however, further information has been provided demonstrating the proposed location of the tower and associated structures do not encroachment into the 1:100 year floodplain of Poole Creek.
Forestry Services:
Forestry Services will require that snow fencing (or another approved barrier) be erected along the edge of the tree line, which is to be installed prior to the commencement of construction. This will ensure there is no encroachment into the wooded area. Forestry staff are to be notified once the fencing is in place. All City owned trees are protected under the City’s Municipal Trees and Natural Areas Protection By-law therefore, if any trees are damaged or removed during this project the applicant will be responsible to compensate the City accordingly.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-law amendment
applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended zoning
Document 3 Consultation
Details
Document 4 Proposed
Cell Tower Location and Setback
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, City of Ottawa, Real Property
Asset Management, Attn: Bill Hamilton, Mail Code 01-86, 110 Laurier Ave.
West, Ottawa, ON, 4th Floor, K1P 1J1, applicant, Bell Mobility,
Attn: Victor Ederer, Bureau 500, 200 Boulevard Bouchard, Dorval, QC, H9S 5X5, OttawaScene.com,
174 Colonnade Road, Unit #33, Ottawa, ON
K2E 7J5,
Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
Amend the zoning of the subject lands from
a Parks and Recreation Zone (PR) to a Special Parks and Recreation Zone
(PR-x) to:
a)
permit
a communications tower as an additionally permitted use,
b)
limit
the height of the communications tower to a maximum of 36.6 metres, and
c)
grant
relief from the setback requirements in Section 3 (4) of the General
Provisions, whereby the By-law states “any communications tower erected in the
Township, shall be setback from all property lines a minimum distance of one
and a half times the height of the tower”, such that the general provision no
longer applies.
CONSULTATION DETAILS DOCUMENT
3
NOTIFICATION AND CONSULTATION
PROCESS
Notification and public consultation
was undertaken in accordance with the Public Notification and Public
Consultation Policy approved by City Council for Zoning By-law amendments. Two public meetings were also held in the
community, one on July 6th, 2006 held at the Pretty Street Community
Centre, and the second on July 20th, 2006, in the form of a visual
simulation by utilizing a crane to demonstrate the height of the proposed
tower, conducted by Bell Mobility.
PUBLIC COMMENTS
Comment 1. Process and Zoning rationale
· What Community input was given in this process?
· Why is this zoning amendment being considered?
· What is driving the tower to be located here?
· Will land owners receive any compensation for lowering of land values?
Response:
There has been community involvement during this past summer initiated by the Ward Councillor’s office with respect to the proposed development. One community information session was held on July 6th, 2006, at the Pretty Street Community Centre. As a result of that meeting a visual simulation was conducted by Bell Mobility on July 20th, 2006 with a temporary installation of a 120ft crane. Community members within 120 metres of the proposed communications tower site were mailed a notification for the public meeting, and the decision to conduct a visual simulation of the tower was made as a result of the discussions on the night of July 6th.
As part of the City’s notification process and community involvement the Ward Councillor and Community Associations were notified of the two applications (Site Plan Control and Zoning By-law Amendment). Two signs were posted on site to notify the public of the two applications, one at the corner of Stittsville Main Street and Warner Colpitts Lane, and a second in front of the community arena.
The communications tower is proposed for this specific location because Bell Mobility has indicated that the signal is weak in this area of the village of Stittsville, and signals fluctuate for some users. Some users have experienced little signal problems, while others experience greater signal difficulties. A radio frequency van has conducted some research, driving around and identifying areas where the signal is weak.
Planning decisions do not take into consideration the speculation of property value increasing or decreasing due to development. Rather decisions are based, in this case, on the best fit to provide cell coverage with minimal impacts on adjacent uses and residents.
Consideration into amending the Zoning By-law also will evaluate how much of a reduction in the setback is being requested, and is this reasonable. The tower design will be taken into consideration, such as is the tower a reasonable design given its location.
Comment 2. Safety
· Are there going to be guide wires?
· What environmental and health related issues are associated with cell towers? Does this tower meet regulations and health and safety standards?
Response:
The communications tower is designed as a monopole, therefore no guide wires are required for this particular tower.
Specific long-term health concerns regarding cellular transmissions are under control of Health Canada. Health Canada has issued a publication entitled “Limits to Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 KHZ to 300 GHZ – Safety Code 6”. This document regulates industry standards for cell phone transmissions and Bell Mobility adheres to these guidelines with respect to the subject application.
Comment 3. Site Location
· Is there not adequate coverage already?
· What other sites were considered when locating the cell tower?
Response:
Bell Mobility has indicated that the signal fluctuates in this area of Stittsville, where users are receiving weak signals. A radio frequency van has conducted research by driving in and around the area identifying the strength of the signal. Coverage is not currently adequate, and users have driven this application.
Bell Mobility studied various sites in and around the Stittsville area, including using current Telus infrastructure. However the site located in the rear of the Stittsville Arena provided the best coverage and service. The location of the tower will be such that it is located directly in the rear of the hockey arena (within one to two metres of the building), away from playing fields and interference with other recreational activities.
Comment 4.
Miscellaneous
· What benefits do the village of Stittsville receive from this deal?
Response:
The previous Ward Councillor (Janet Stavinga) had been working with Bell Mobility on a corporate contribution that would directly benefit the Stittsville community. Further information regarding this contribution can be obtained by contacting the new Ward Councillor for the Stittsville-Rideau Ward (Councillor Shad Qadri, 613-580-2476)
COMMUNITY ORGANIZATION COMMENTS
The Stittsville Village Association provided the following comments:
Although we question the appropriateness of erecting a communications tower in a built-up area as proposed, we feel that, if necessary to provide and/or improve coverage for Stittsville residents, the proposed location is probably one of the least obtrusive in the centre of the village.
We strongly suggest, however, that the proposed zoning amendment be subject to the following conditions:
a) that the amendment to the PR zone be site-specific for strictly this one location,
b) that the owners of the adjacent properties (ie. Beverly Street and area) have been fully consulted and that any concerns have been fully and satisfactorily addressed,
c) that there is no incursion of the facility into the adjacent recreational space, particularly the ball diamond immediately to the west,
d) that the trees in the immediate area of the proposed facility, some of which appear to be 70-80 feet in height, be left standing in order to reduce the visibility effect of the tower, and,
e) that there be no electromagnetic/communications interference on wireless/cell phone or other electronic reception in Stittsville as a result of the erection and use of the tower.
Staff Response:
a) The zoning amendment is specific to this particular PR zone at 10 Warner Colpitts Lane
b) Adjacent property owners have been notified through an initial consultation period, which took place on July 6th, 2006, and a follow-up tower simulation exercise conducted on July 20th, 2006. Those citizens who commented on the recent application circulation have will be notified of the Planning and Environment Committee date.
c) The proposed cell tower will not intrude on the existing sports fields within Alexander Grove Park. It will be limited to the rear of the existing hockey arena.
d) As per the comments provided by the City’s Forestry Services, no encroachment shall take place into the existing wooded area, and snow fencing shall be erected to delineate the ‘no-touch’ boundary.
e) There is no anticipation of electromagnetic/communications interference on wireless/cell phone activity due to this development proposal.
ADVISORY COMMITTEE COMMENTS
The Environmental Advisory Committee (EAC) has notified the Planning, Transit and the Environment Department that they oppose the Zoning By-law amendment proposal, noting that land designated as Parks and Recreation is an important part of healthy and vibrant communities. The subject land has been designated and reserved for the use and enjoyment of all community members and should not be taken away or detracted from for a commercial use.
Staff Response:
The location of the tower will be such that it is located directly in the rear of the hockey arena (within one to two metres of the building), away from playing fields and interference with other recreational activities.
PROPOSED CELL TOWER LOCATION AND SETBACK DOCUMENT 4
