TO: Mayor and Members of Council

FROM: Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

PREPARED BY: Sabrina Bordone, Planner, West District Team

DATE: January 10, 2006

RE: Rogers Wireless Inc.

Site Plan Control Application to Permit Flagpole Style Telecommunications Tower at the northeast portion of the York Downs Golf & Country Club property on the west side of Kennedy Road, municipally known as 4134 16th Avenue

SC 05 012687

RECOMMENDATION:

THAT the memorandum dated January 10, 2006, entitled “Rogers Wireless Inc., Site Plan Control Application to Permit Flagpole Style Telecommunications Tower at the northeast portion of the York Downs Golf & Country Club property on the west side of Kennedy Road, municipally known as 4134 16th Avenue, SC 05 012687”, be received;

THAT the presentation by Ms. Terri Daniels of Rogers Wireless Inc., regarding the proposed flagpole style telecommunications tower, be received;

AND THAT the application for site plan approval be approved, subject to the following conditions:

1. The owner shall submit final drawings, and comply with all requirements

of the Town and authorized public agencies, including the Region of York, to the satisfaction of the Commissioner of Development Services;

2. Industry Canada be advised, in writing, of this approval and that this

approval is with respect to this location only;

3. Rogers Wireless Inc. is responsible for all matters relating to grading, utility

location, external approvals, engineering, structural design, etc., and

4. That site plan approval shall lapse after a period of three years commencing January 10, 2006, should the development not proceed in a timely manner.

BACKGROUND:

Description of Proposed Flagpole Style Telecommunications Tower

On April 28, 2005, Rogers Wireless Inc. submitted an application for site plan approval to permit a flagpole style telecommunications tower on the northeast portion of the York Downs Golf & Country Club property on the west side Kennedy Road, municipally known as 4134 16th Avenue (Figure 1). The proposed 25 metre high flagpole style tower will be situated within a 5.5 x 12.19 metre compound, with four radio cabinets at the base of the tower, all of which are to be situated within a fenced compound. Access to the telecommunications site will be facilitated through the property owner’s existing farm entrance on the west side of Kennedy Road. York Region’s Transportation and Works Department has requested that the existing access be paved to the property line within the Regional right-of-way.

Public Consultation Process

Following the procedures outlined in the Town’s Policy for Establishing Telecommunication Tower/Antenna Facilities, Rogers Wireless Inc. sent notification to property owners within a 120 m radius of the proposed location in order to invite public consultation. Only three properties fell within the 120 m radius and Mr. Iain Stuart, resident of 9418 Kennedy Road (the nearest resident), was the only property owner to respond.

Revised Site Plan Addressing Comments from Public Consultation Process

A meeting was held at the Town’s offices on August 23, 2005 to address the concerns that Mr. Iain Stuart had with the proposed location, including a request that Rogers Wireless Inc. move the proposed telecommunications tower further north from his property. Town Staff asked Rogers Wireless Inc. if it was possible to accommodate this request and on October 26, 2005, a revised site plan was submitted (see Figure 2). Rogers Wireless has also agreed to provide additional street trees along the Kennedy Road frontage of the site. The new site is located approximately 35 metres north of its original location and is situated closer to Kennedy Road (setback approximately 12 metres). Both the property owner (York Downs Golf & Country Club) and Mr. Iain Stuart have reviewed the revised plans and are satisfied with the proposed location. Town staff are in support of the revised location and have requested that Rogers Wireless Inc. make a one time payment of $1,000 for street tree planting on Kennedy Road.

Conditions of Leased Premises for Telecommunications Facility

Rogers Wireless has entered into an agreement with the York Downs Golf and Country Club to lease a portion of the lands to construct the flagpole style telecommunications facility. The lease between Rogers Wireless and the York Downs Golf and Country Club terminates on January 31, 2010. Rogers Wireless is obligated to remove the telecommunications pole and associated equipment if the lease is not renewed. In addition, if the property owner chooses to amend the land use in the general area of the leased premises, Rogers Wireless has agreed to relocate the telecommunications facility.

CONCLUSION:

Deputation and Endorsement of Plan

As per Town policy, Rogers Wireless Inc. has made a request to provide a deputation to the Development Services Committee to seek approval of the site plan application from the Committee. If the application is endorsed by the Development Services Committee, Rogers Wireless Inc. will be asked to submit 15 copies of the site plan and elevations for final approval by the Director of Planning. A copy of the Council Resolution and the approved site plan will then be forwarded to Industry Canada for their final approval.

FILE PATH: Q:\Development\Planning\APPL\SITEPLAN\05 012687 - Rogers Wireless Inc\DSC Memo.DOC

ATTACHMENTS: Figure 1 – Location Map

Figure 2 – Site Layout for Proposed Telecommunications Facility

Figure 1: Location Map