6. OFFICIAL
PLAN AMENDMENT – WIRELESS TELECOMMUNICATION FACILITIES MODIFICATION AU PLAN OFFICIEL – INSTALLATIONS DE
TÉLÉCOMMUNICATIONS SANS FIL |
PLANNING COMMITTEE AND
AGRICULTURE AND
RURAL AFFAIRS COMMITTEE RECOMMENDATION
That Council approve and adopt an
amendment to the City of Ottawa Official Plan to remove redundant provisions
relating to Wireless Telecommunication Facilities, as detailed in Document 1.
RECOMMANDATION
DU COMITÉ DE L’URBANISME ET
DU COMITÉ DE L’AGRICULTURE ET DES AFFAIRES RURALES
Que le Conseil approuve et adopte une modification au Plan
officiel de la Ville d’Ottawa, visant à supprimer les stipulations superflues
relatives aux installations de télécommunications sans fil, comme l’explique en
détail le document 1.
Documentation
1. Deputy City Manager’s Report,
Infrastructure Services and Community Sustainability dated 27 January 2012
(ACS2012-ICS-PGM-0053).
2. Extract of minutes, Planning Committee
meeting of 28 February 2012.
3. Extract of draft minutes, Agriculture
and Rural Affairs Committee meeting of
1 March 2012.
Report to/Rapport au :
Planning Committee
Comité de l'urbanisme
and
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des
affaires rurales
27 January 2012 / le 27 janvier 2012
Submitted by/Soumis
par : Nancy Schepers, Deputy City
Manager
Directrice municipale
adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités
Contact Person/Personne-ressource : Richard Kilstrom,
Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la
politique et conception urbaine, Planning and Growth Management/Urbanisme et
Gestion de la croissance Élaboration de la politique et conception urbaine
(613) 580-2424
x22653, Richard.Kilstrom@ottawa.ca
SUBJECT: |
OFFICIAL PLAN
AMENDMENT – wireless TELEcommunication facilities |
|
|
OBJET : |
MODIFICATION AU PLAN OFFICIEL – installations
de télécommunications sans fil |
REPORT
RECOMMENDATION
That the Planning Committee and Agriculture and
Rural Affairs Committee recommend Council approve and adopt an amendment to the
City of Ottawa Official Plan to remove redundant provisions relating to
Wireless Telecommunication Facilities, as detailed in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et le Comité de
l’agriculture et des affaires rurales recommandent au Conseil d’approuver et
d’adopter une modification au Plan officiel de la Ville d’Ottawa, visant à
supprimer les stipulations superflues relatives aux installations de
télécommunications sans fil, comme l’explique en détail le document 1.
While Section 3.1
(Generally Permitted Uses) of the Official Plan currently contains provisions
relating to Wireless Communication Facilities, telecommunications is a federal
government responsibility, and these provisions are ultra vires the Official Plan.
Under the Radiocommunication
Act (R.S.C., 1985, c. R-2), Industry
Canada has the final authority to approve the location of
telecommunication towers and antennae. Industry Canada has a process
for taking municipal and public concerns into consideration during their review
of telecommunications proposals.
In association with Council’s adoption of the Municipal Concurrence and Public Consultation Process for Antenna Systems, the purpose of this amendment is to update the Official Plan to delete redundant provisions relating to wireless telecommunication facilities, and to replace them with a reference to the Municipal Concurrence and Public Consultation Process for Antenna Systems.
DISCUSSION
In Telus
Communications Co. v. Toronto (City) (2007), 33 M.P.L.R. (4th) 30, 84 O.R. (3d) 656, 279 D.L.R.
(4th) 111, the Ontario Superior Court of Justice was faced with the question of
whether the City of Toronto’s site-plan by-laws, passed pursuant to valid
provincial legislation, could apply to telecommunications facilities which are
within federal jurisdiction. The Court
found:
…it is vital and essential that
each radio station be sited, designed and oriented in a manner that allows the
wireless network to function properly. A
change in the characteristics of an individual radio station, especially the
location and height of antennas, could critically impair Telus’ wireless
network thereby compromising its performance and reliability. The application of the East York By-law and
the Site Plan By-laws potentially has this effect.
Further, the Court found that the by-laws in
question had no effect on, and did not apply to Telus’ antenna sites.
A link can be drawn between the Telus decision regarding site-plan
control and the regulation of telecommunication facilities through the Official
Plan or Zoning By-law. As such, it is
appropriate to amend the Official Plan to replace
policies that speak to the land use designations which can accommodate
telecommunication facilities with a policy that simply refers to a municipal
concurrence and public consultation process.
The Zoning By-law is also proposed to be amended through a parallel
process, which will also result in the settlement of an appeal to the
provisions of the Zoning By-law (ACS2012-ICS-PGM-0056).
It is anticipated that City Council will
adopt a Municipal Concurrence and Public Consultation Process for Antenna
Systems on March 28, 2012 (ACS2012-ICS-PGM-0045). Under the adopted process,
Planning and Growth Management staff will review applications for the purpose
of providing comments to Industry Canada on potential land use impacts.
However, when an installation is proposed within the municipal right-of-way, Infrastructure Services staff will undertake the review and provide comments on behalf of the City in conjunction with their municipal consent process.
Comments provided by the City to Industry
Canada and a proponent will take the form of concurrence, conditional concurrence,
or non-concurrence regarding individual installations. Certain types of
installations will be exempt from municipal review, and where public consultation
is required, it will be completely proponent driven.
The proposed
Official Plan Amendment seeks to remove policies 12 and 13 from Section 3.1 –
Generally Permitted Uses, and to replace them with a reference to the City’s Municipal Concurrence and Public
Consultation Process for Antenna Systems.
RURAL
IMPLICATIONS
Wireless telecommunication towers are currently permitted, by the provisions of the Official Plan, in all land-use designations on Schedules A and B except Natural Environment Areas, Significant Wetlands, and Urban Natural Features or in Flood Plains and Unstable Slopes shown on Schedule K – Environmental Constraints.
This apparent protection of sensitive land use designations, many of which are in the rural area, will be removed through the adoption of this Official Plan Amendment. However, because these Official Plan policies are inappropriate given the paramountcy of the federal government over the location of telecommunication towers and antennae, the policies do not, in fact, offer any genuine protection.
CONSULTATION
Notice of this City-initiated Official Plan Amendment was carried out in accordance with the City's Public Notification and Consultation Policy. All City Councillors are aware of this initiative. The City did not receive any negative comments or opposition relevant to this Official Plan Amendment.
No comments were received.
This Official Plan Amendment will remove redundant and ultra vires, provisions from the Official Plan. This will prevent a legal challenge to the provisions in the future.
ACCESSIBILITY
IMPACT
There are no accessibility implications associated with this report.
RISK
MANAGEMENT IMPLICATIONS
As noted, the removal of these provisions of the Official Plan will prevent the possibility of a legal challenge in the future.
FINANCIAL IMPLICATIONS
Based on a review of the 2005 to 2011 Site Plan Control applications for communication towers, this amendment will result in an average revenue loss estimated at $36,000 per year. This will affect Planning and Growth Management’s annual operating status.
ENVIRONMENTAL IMPLICATIONS
There are no direct environmental implications associated with this report.
There are no direct technical implications associated with this report.
As the purpose of this Official Plan
Amendment is simply to update the Official Plan to delete redundant provisions
relating to wireless communication facilities, it does not directly further any
of the City’s strategic objectives. It does, however, aim to improve the
Official Plan, which is a responsible action that will improve the City’s
administration.
SUPPORTING DOCUMENTATION
Document 1 Proposed Official Plan Amendment
DISPOSITION
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Legal Services to forward the implementing by-law to City Council.
DOCUMENT 1
PROPOSED OFFICIAL PLAN AMENDMENT
|
To the Official Plan of the City of
Ottawa
________________________________________________________________________
INDEX
Purpose
Location
Basis
Introduction
Details of the Amendment
Implementation and Interpretation
PART A – THE PREAMBLE
In association with Council’s adoption of the Municipal Concurrence and Public Consultation Process for Antenna Systems, the purpose of this amendment is to update the Official Plan to delete redundant provisions relating to wireless communication facilities.
This Official Plan Amendment affects the entire area of the City of Ottawa, as shown on Official Plan Schedule A: Rural Policy Plan and Official Plan Schedule B: Urban Policy Plan.
While the Official
Plan currently contains provisions regulating Wireless Communication
Facilities, telecommunications is a federal government responsibility, and
these provisions are ultra vires the
Official Plan.
Under the Radiocommunication
Act (R.S.C., 1985, c. R-2), Industry
Canada has the final authority to approve the location of telecommunication
towers and antennae. Industry Canada has a process for taking municipal and
public concerns into consideration during their review of telecommunications
proposals.
When an application for a new
telecommunications tower is received by Industry Canada, municipalities are
requested to comment on the application before Industry Canada makes their
decision on the approval of the application.
It is anticipated that City Council will adopt
a Municipal Concurrence and Public Consultation Process for Antenna Systems on March
28, 2012. Under the adopted process, Planning and Growth Management staff will
review applications for the purpose of providing comments to Industry Canada on
potential land use impacts. However, when an installation is proposed within
the municipal right-of-way, Infrastructure Services staff will be undertaking
the review and providing comments on behalf of the City in conjunction with
their municipal consent process.
Comments provided by the City to Industry
Canada and a proponent will take the form of either a concurrence, conditional
concurrence, or non-concurrence as regards individual installations. Certain
types of installations are exempt from municipal review, and where public
consultation is required, it is completely proponent driven.
The Department has recommended that this new
process replace existing Official Plan, Zoning and Site Plan regulations
related to antenna systems. The Official
Plan will be amended to remove redundant provisions and to include reference to
the Municipal Concurrence and Public Consultation Process.
PART B – THE AMENDMENT
1. Introduction
All of this part constitutes Amendment No. XX to the Official Plan for the City of Ottawa.
2. Details
The Official Plan for the City of Ottawa is hereby amended as follows:
1. The following text is deleted from Section 3.1 – Generally Permitted Uses:
“12. Wireless
telecommunications towers are permitted in all land-use designations on
Schedules A and B, except in Agricultural Resource Areas, Natural Environment
Areas, Significant Wetlands, Urban Natural Features or in Flood Plains and
Unstable Slopes shown on Schedule K. Wireless Communications Facilities
proposed on land designated Agricultural Resource Area are to be located in
areas demonstrated to have poorer soil quality. However, when a wireless
communication facility is established in a Sand and Gravel or Limestone
Resource Area, it will be considered as an interim use pending future extraction
of mineral resources. Where new communication facilities, whether publicly or
privately operated, are proposed, the City will minimize the number of
privately-operated communications facilities in the rural area by: [OPA #76,
OMB File # PL100206, November 25, 2011.]
a. Encouraging proponents to share existing transmission towers in the
vicinity to provide the same level of coverage;
b. Encouraging communication companies to collaborate in the design of
their coverage so that they can share transmission facilities;
c. Encouraging companies to size new structures so that they can be shared
in the future.[Amendment #14, September 8, 2004]
13.
When reviewing development
applications for new communications facilities, the City will ensure that
ground level compounds and equipment facilities are attractively designed and
screened from public view. [Amendment #14, September 8, 2004]”
2. The following is added to Section 3.1 – Generally Permitted Uses, as Policy 11:
“11.
Proponents of new telecommunication facilities must comply with the City of
Ottawa’s Municipal Concurrence and Public Consultation Process for Antenna
Systems, in accordance with Industry Canada requirements (CPC-2-0-03).”
3. Implementation and Interpretation
Implementation and interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan.
extract of
PLANNING COMMITTEE Minutes 30 28 FEBRUary 2012 |
|
extrait Du ProcÈs-verbal 30 ComitÉ de l’urbanisme le 28 FÉvRier 2012 |
OFFICIAL
PLAN AMENDMENT – wireless TELEcommunication facilities
MODIFICATION AU PLAN OFFICIEL – installations de télécommunications sans
fil
ACS2012-ICS-PGM-0053 City Wide/ à l'échelle de la Ville
REPORT
RECOMMENDATION
That the Planning Committee and
Agriculture and Rural Affairs Committee recommend Council approve and adopt an
amendment to the City of Ottawa Official Plan to remove redundant provisions
relating to Wireless Telecommunication Facilities, as detailed in Document 1.
CARRIED
Committee considered this item in conjunction with
Item 4, Municipal Concurrence and Public Consultation Process for Antenna
Systems (ACS2012-ICS-PGM-0045)
This report will be
presented to Council on 28 March 2012 in Agriculture and Rural Affairs
Committee Report 16
OFFICIAL PLAN AMENDMENT -
wireless TELEcommunication facilities
MODIFICATION
AU PLAN OFFICIEL -
installations de télécommunications sans fil
ACS2012-ICS-PGM-0053 City-wide / À l'échelle de la Ville
REPORT RECOMMENDATION:
That the Planning Committee and
Agriculture and Rural Affairs Committee recommend Council approve and adopt an
amendment to the City of Ottawa Official Plan to remove redundant provisions
relating to Wireless Telecommunication Facilities, as detailed in Document 1.
At its meeting of 28 February 2012, the Planning Committee
considered this item in conjunction with Planning Committee Agenda Item 4, Municipal Concurrence and Public
Consultation Process for Antenna Systems, ACS2012-ICS-PGM-0045.
At its meeting of 01 March 2012, the Agriculture and Rural Affairs Committee (ARAC) also considered this report in conjunction with ARAC Agenda 18, Item No. 5, Municipal Concurrence and Public Consultation Process for Antenna Systems, ACS2012-ICS-PGM-0045. The report recommendation was then put to Committee and CARRIED, as presented, with Councillor S. Qadri dissenting.