Body: Council Type: Agenda Meeting: Regular Date: February 1, 2022 Collection: Council Agendas Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/Agendas/Council/2022/Council - 01 Feb 2022 - Agenda.pdf)
Document Text
Page 1 of 183
TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA MEETING #9
Audio Broadcast to the Township’s Facebook Page https://www.facebook.com/SouthFrontenacTwp TIME: DATE: PLACE: Chambers.
7:00 PM, Tuesday, February 1, 2022 Electronic Participation/Council
Call to Order and Roll Call
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session - not applicable
Delegations - none
Public Meeting
a)
Resolution and Public Meeting Statement
4 - 41
b)
Zoning By-law Amendment Application Z-21-25 - 3607 State Coach Road (Adams)
42 - 49
c)
Zoning By-law Amendment Application Z-21-27 - 3579 Quinn Road East (Cumming)
50 - 57
d)
Zoning By-law Amendment Application Z-21-29 - Concession 8 , Part of Lot 3 (Orser)
58 - 64
e)
Zoning By-law Amendment Application Z-21-30 - 4360 Sydenham Mill St (Hippolyte& Gianotti)
65 - 71
f)
Close Public Meeting - Resolution
Approval of Minutes - none
Business Arising from the Minutes
Reports Requiring Action
Page 2 of 183
a)
Rogers Telecommunications Tower Proposal Project C8552Opinicon Rd & Maple Leaf Rd • Rogers Communication is proposing a new 91.5m guyed
72 - 92
telecommunications tower near Opinicon Road & Maple Leaf Road, on a property known as Part Lots 20 to 22, Concession 10, Loughborough District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township concurs with this proposal.
b)
Rogers Telecommunications Tower Proposal Project C8689 Dewitt Road & Timmerman’s Island • Rogers Communication is proposing a new 91.m guyed
93 118
telecommunications tower near Dewitt Road & Timmerman’s Island, on Part Lot 25, Concession 6, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township concurs with this proposal.
c)
Rogers Telecommunications Tower Proposal Project C8691 Devil Lake Rd at Little Wolfe Lake • Rogers Communication is proposing a new 91.5m guyed
119 140
telecommunications tower near Westport Road and White Lake, on a property known as 1352 Devil Lake Road, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township supports this proposal.
d)
Rogers Telecommunications Tower Proposal Project C8721 - S Frontenac Road 8 (Westport Rd) & White Lake Rd • Rogers Communication is proposing a new 91.m guyed
141 162
telecommunications tower near Westport Road and White Lake, on a property known as 1985 A/B Westport Road, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township supports this proposal.
e)
Select CAO Recruitment Firm • This report recommends awarding a contract for the recruitment of
163 164
a new Chief Administrative Officer (CAO) for the Township.
Committee Meeting Minutes - none
By-laws
a)
By-law 2022-11 - Appoint Council members to Committee of Adjustment
Reports for Information
a)
4th Quarter 2021- Building Services Report • This report summarizes the delivery of Building Services within the Development Services Department between October 1st, 2021, and December 31st, 2021 (4th Quarter, 2021) as well as a year-end summary for 2021.
165 168
169 174
Page 3 of 183
In 2021 (Q1 – Q4), Building Services dealt with 1168 files. These include South Frontenac building applications, Part 8 applications, pool applications and investigation files, as well as applications related to the delivery of Part 8 services across the other three (3) Frontenac Townships. b)
4th Quarter 2021 - Planning Services Report • This report documents the delivery of Planning Services within the
175 181
Development Services Department between October 1, 2021 and December 31, 2021 (4rd Quarter, 2021) and summarizes trends in planning services delivered in 2021.
Information Items
a)
Cataraqui Conservation Municipal Levies - South Frontenac Apportionment 2022
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session (if requested)
Confirmatory By-law
a)
By-law 2022-12
Adjournment
a)
Resolution Natural, Vibrant and Growing - A Progressive Rural Leader
182
183
Public Meeting under the Planning Act Applications for Zoning By-law Amendment Z-21-25, Z-21-27, Z-21-29 and Z-21-30 Tuesday, February 1, 2022 Page 4 of 183
7:00 p.m. Virtual Council Meeting
Public Meeting Statement • The purpose of this public meeting is to hear comments on Zoning By-Law Amendment Applications Z-21-25, Z-21-27, Z-21-29 and Z-21-30. • If a person or public body does not make oral or written submissions at this public meeting, or make written submissions to South Frontenac Township before any by-law is passed, the person or public body may not be added to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. • If you wish to be notified of the decision of Council in respect to the application, you must submit a written request to the Clerk via email at amaddocks@southfrontenac.net. This will also entitle you to be advised of an Ontario Land Tribunal appeal.
Page 5 of 183
• Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Clerk within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal.
Agenda • Planner reviews proposal and delivers report • Questions from Council • Comments from Applicant/Owner, Agent and the Public • Comments/Questions from Council • Close Public Meeting Page 6 of 183
Z-21-25 Applicant: Eldon and Lorraine Adams Property: 3607 Stage Coach Road
Page 7 of 183
Location Sydenham
Page 8 of 183
Location
Page 9 of 183
Proposal • Existing Zone – RU • Proposed Zone – RU-XX • Permit a secondary dwelling unit • 100 square metre addition to dwelling
Page 10 of 183
Proposed Location of Addition
Page 11 of 183
Front of Dwelling
Department and Public Comments • Building Services confirmed the sewage system will need to be upgraded or a new system constructed to accommodate a secondary dwelling unit. • Public comments – none received to date
Page 12 of 183
Policy Framework Provincial Policy Statement Frontenac County Official Plan
Township of South Frontenac Official Plan
• Accommodate an appropriate range and mix of housing • Water and sewage servicing
Page 13 of 183
Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
Page 14 of 183
Questions and Comments • Questions from Council • Comments from Applicant, Agent and the Public • Comments/Questions from Council
Page 15 of 183
Z-21-27 Applicant: Alasdair and Jennifer Cumming Property: 3579 Quinn Road East
Page 16 of 183
Location
Road 38
Harrowsmith
Page 17 of 183
Location
Page 18 of 183
Proposal • Existing Zone – RU • Proposed Zone – RU-XX • Permit a secondary dwelling unit • 75 square metre addition to dwelling
Page 19 of 183
Front of Dwelling
Proposed Location of Addition to Left of Garage Page 20 of 183
Department and Public Comments • Building Services confirmed the sewage system will need to be upgraded or a new system constructed to accommodate a secondary dwelling unit. • Public comments – none received to date
Page 21 of 183
Policy Framework Provincial Policy Statement Frontenac County Official Plan
Township of South Frontenac Official Plan
• Accommodate an appropriate range and mix of housing • Water and sewage servicing
Page 22 of 183
Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
Page 23 of 183
Questions and Comments • Questions from Council • Comments from Applicant, Agent and the Public • Comments/Questions from Council
Page 24 of 183
Z-21-29 Applicant: Estate of Everett Orser Agent: Keith Orser Property: Everett Lane, Part of Lot 3, Concession 8, Loughborough District Page 25 of 183
Location
Page 26 of 183
Proposal • Existing Zone – RU • Proposed Zone – RLS • Permit a single detached dwelling
Page 27 of 183
Driveway off Everett Lane
Escarpment on West End of Property Page 28 of 183
Department and Public Comments • Building Services and Public Services – application did not meet criteria for circulation • Several questions raised, but no public comments received to date • Consideration environmental impact and at-capacity lake trout lake status • Type of development permitted • Potential for land division Page 29 of 183
Policy Framework Provincial Policy Statement Frontenac County Official Plan
Township of South Frontenac Official Plan
Resource-based recreational uses sensitive to surroundings (e.g. nearby uses, natural features, lake status) Limited service residential development on private lanes Page 30 of 183
Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
Page 31 of 183
Questions and Comments • Questions from Council • Comments from Applicant, Agent and the Public • Comments/Questions from Council
Page 32 of 183
Z-21-30 Applicant: Zelda Hippolyte and Alice Gianotti Property: 4360 Sydenham Mill Street
Page 33 of 183
Location
Page 34 of 183
Proposal • Existing Zone – UC • Proposed Zone – UR1 • Legally permit the single detached dwelling
Page 35 of 183
Image from Google Streetview Page 36 of 183
Looking South on Mill Street – Existing House (Left Centre)
Image from Google Streetview Page 37 of 183
Looking North on Mill Street – Existing House (Right) and Business District (Centre)
Department and Public Comments • Building Services and Public Services – application did not meet criteria for circulation • Public comments – none received to date
Page 38 of 183
Policy Framework Provincial Policy Statement Frontenac County Official Plan
Township of South Frontenac Official Plan
• Healthy, integrated, viable rural settlement areas • Accommodate an appropriate range and mix of housing • Opportunities for commercial base
Page 39 of 183
Next Steps • South Frontenac Council should receive comments from the public • A report with a recommendation will be brought to a future Council meeting
Page 40 of 183
Questions and Comments • Questions from Council • Comments from Applicant, Agent and the Public • Comments/Questions from Council
Page 41 of 183
Page 42 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Subject:
Public Meeting for Zoning By-law Amendment Application Z-21-25, Eldon and Lorraine Adams, 3607 Stage Coach Road
Summary This report provides Council with information about Zoning By-law Amendment Application Z-21-25 for 3607 Stage Coach Road. If approved, the zone on the subject lands would be changed from Rural (RU) to a property specific Rural zone (RU-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application and then Staff will bring a more detailed report as well as providing a recommendation to Council on this application at a future meeting.
Recommendation This report is for information only.
Background The proposal is to change the zone on the subject property from Rural (RU) to Rural – Special Provision (RU-XX) to permit a secondary dwelling unit on the property. The applicants propose to construct a 100 square metre addition to the existing dwelling for a secondary dwelling unit. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The public meeting for this application will be a virtual public meeting using Zoom and telephone.
Discussion/Analysis Property Description The subject property is located on Stage Coach Road between Railton Road and Forest Road. The property is 8.5 hectares (21 acres) in area and has approximately 99 metres of road frontage. The lands consist of agricultural fields and forest. The existing dwelling is www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 43 of 183 Township of South Frontenac Staff Report - Z-21-25, Eldon and Lorraine Adams, 3607 Stage Coach Road
located in the middle of the property, 300 metres from the road. There are several residential properties along Stage Coach Road, however, there are no neighbouring dwellings in the immediate area of the subject dwelling. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Related Applications The subject property is not subject to any other applications under the Planning Act. Department, Agency and Public Comments The application did not meet the criteria for circulation to Public Services. Building Services reviewed an application for the performance level of the existing sewage system on the property, and confirmed that the sewage system will need to be upgraded or a new system constructed to accommodate a secondary dwelling unit. The owner will need to submit a building permit application for the secondary dwelling unit as well as an application to construct a new system if the rezoning application is approved by Council. No comments have been received from members of the public to date. Preliminary Planning Analysis The proposed rezoning needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semi-detached house or rowhouse. Two additional residential units may be permitted within these structures, and an additional residential unit may be permitted in a building or structure ancillary to the house on the same property. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities. Section 5.6.2 of the County of Frontenac Official Plan requires the Township Official Plan to permit additional residential units. While required to permit additional units, the Township retains control over the location, access and servicing required for these units. The Township Official Plan does not provide specific direction on how many dwellings or dwelling units may be permitted on a property. In this situation, one must look to the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 44 of 183 Township of South Frontenac Staff Report - Z-21-25, Eldon and Lorraine Adams, 3607 Stage Coach Road
Planning Act and the Provincial Policy Statement for direction. As indicated above, the accommodation of affordable housing through additional residential units is required under the provisions of the Planning Act. In the absence of Official Plan policies, the Township looks to the information published by the Province in the Second Unit Info Sheet (Ministry of Municipal Affairs, Spring 2017) and to recent amendments to the Planning Act. The Info Sheet describes what an additional residential unit is, and provides considerations for where it may be appropriate to permit these units. These considerations include locations on roads that are maintained yearround and accessible by Emergency Services, as well as demonstrating that on-site water and sewage services have sufficient capacity for the additional dwelling unit(s). The proposal meets or will meet the intent of the above considerations. The secondary dwelling unit is proposed to be located within an addition to the existing dwelling on the property. The existing driveway and well will be used to service the secondary dwelling unit. Regarding on-site water services, the Provincial Guideline D-5-5 Private Wells: Water Supply Assessment explains how to calculate the minimum pumping test rate and well yield required for a particular development based on a peak demand rate for each person and the likely number of persons (based on number of bedrooms plus one) per well. The Owner provided a copy of the well record that recommends a pumping rate of 8 gallons per minute (36.3 litres per minute). This pumping rate was greater than that required by the guidelines (i.e. 26.25 litres per minute based on 3.75 litres per minute per person multiplied by 7), which suggests that the existing well can produce an adequate volume of water for both the primary dwelling and the secondary dwelling unit. Drinking water quality (potable water) will need to be confirmed as part of the required permit under the Ontario Building Code. Any water quality concerns can generally be addressed through an appropriate water treatment unit. A sewage system(s) that complies with the Ontario Building Code will be required to service the single detached dwelling and the secondary dwelling unit. Attachment 2 to this report is a draft by-law for the proposed development.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 45 of 183 Township of South Frontenac Staff Report - Z-21-25, Eldon and Lorraine Adams, 3607 Stage Coach Road
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies (e.g. Conservation Authority, County Clerk, School Boards, Ontario Power Generation Inc. and Hydro One Inc.)
Attachments
- Location Map
- Draft By-law
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Attachment 1. Location Map of 3607 Stage Coach Road
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Settlement Area Citations
1.8
0
0.92
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
1.8 Kilometers
Notes Z-21-25
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Page 46 of 183
1: 36,112
Page 47 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-XX) ON LANDS DESCRIBED AS 3607 STAGE COACH ROAD, PART OF LOT 3, CONCESSION 2, DISTRICT OF LOUGHBOROUGH: ADAMS WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-XX) for the lands shown on Schedule “1”.
THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section RU-XX (3607 Stage Coach Road, Part of Lot 3, Concession 2, District of Loughborough - Adams) immediately after the last Rural – Special Provision section to read as follows: RU-XX (3607 Stage Coach Road, Part of Lot 3, Concession 2, District of Loughborough - Adams) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-XX), the following provisions apply: • •
The existing single detached dwelling may be enlarged to include a secondary dwelling unit. The primary and secondary dwelling units within the single detached dwelling shall be accessed by the same driveway and be serviced by a shared sewage system and/or well.
All other provisions of this by-law shall apply. 3.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2022. Read a first and second time this ##th day of MONTH, 2022. Read a third time and finally passed this ##th day of MONTH, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Page 48 of 183
Angela Maddocks, Clerk
Page 49 of 183
Schedule 1 This is Schedule “1” to By-law No. 2022-XX.
Passed this ##th day of MONTH, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 50 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Subject:
Public Meeting for Zoning By-law Amendment Application Z-21-27, Alasdair and Jennifer Cumming, 3579 Quinn Road East
Summary This report provides Council with information about Zoning By-law Amendment Application Z-21-27 for 3579 Quinn Road East. If approved, the zone on the subject lands would be changed from Rural (RU) to a property specific Rural zone (RU-XX). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application and staff will bring a more detailed report and recommendation to Council on this application at a future meeting.
Recommendation This report is for information only.
Background The proposal is to change the zone on the subject property from Rural (RU) to Rural – Special Provision (RU-XX) to permit a secondary dwelling unit on the property. The applicants propose to construct a 75 square metre addition to the existing dwelling for a secondary dwelling unit. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The public meeting for application Z-21-27 will be a virtual public meeting using Zoom and telephone.
Discussion/Analysis Property Description The subject property is located on Quinn Road East, which is off Road 38 south of Harrowsmith. The property is 0.6 hectares (1.43 acres) in area and has approximately 57 metres of road frontage. The lands consist of a treed slope. There is an existing 215 www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 51 of 183 Township of South Frontenac Staff Report - Z-21-27, Alasdair and Jennifer Cumming, 3579 Quinn Road East
square metre dwelling on the property. There are several residential properties along Quinn Road in the area of the subject property, however, the majority of the area is agricultural. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Related Applications The subject property is not subject to any other applications under the Planning Act. Department, Agency and Public Comments The application did not meet the criteria for circulation to Public Services. Building Services reviewed an application for the performance level of the existing sewage system on the property, and confirmed that the sewage system will need to be upgraded or a new system constructed to accommodate a secondary dwelling unit. The owner will need to submit a building permit application for the secondary dwelling unit as well as an application to construct a new system if the rezoning application is approved by Council. No comments have been received from members of the public to date. Preliminary Planning Analysis The proposed rezoning needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The Planning Act was amended in September 2019 by Bill 108 to permit additional residential units on a property which contains a detached house, semi-detached house or rowhouse. Two additional residential units may be permitted within these structures, and an additional residential unit may be permitted in a building or structure ancillary to the house on the same property. This amendment to the Planning Act, once implemented in an official plan and zoning by-law, supports the accommodation of affordable housing in local municipalities. Section 5.6.2 of the County of Frontenac Official Plan requires the Township Official Plan to permit additional residential units. While required to permit additional units, the Township retains control over the location, access and servicing required for these units. The Township Official Plan does not provide specific direction on how many dwellings or dwelling units may be permitted on a property. In this situation, one must look to the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 52 of 183 Township of South Frontenac Staff Report - Z-21-27, Alasdair and Jennifer Cumming, 3579 Quinn Road East
Planning Act and the Provincial Policy Statement for direction. As indicated above, the accommodation of affordable housing through additional residential units is required under the provisions of the Planning Act. In the absence of Official Plan policies, the Township looks to the information published by the Province in the Second Unit Info Sheet (Ministry of Municipal Affairs, Spring 2017) and to recent amendments to the Planning Act. The Info Sheet describes what an additional residential unit is and provides considerations for where it may be appropriate to permit these units. These considerations include locations on roads that are maintained yearround and accessible by Emergency Services, as well as demonstrating that on-site water and sewage services have sufficient capacity for the additional dwelling unit(s). The proposal meets or will meet the intent of the above considerations. The secondary dwelling unit is proposed to be located within an addition to the existing dwelling on the property. It will use the existing driveway for access, as well as the well and sewage system for servicing. Regarding on-site water services, the Provincial Guideline D-5-5 Private Wells: Water Supply Assessment explains how to calculate the minimum pumping test rate and well yield required for a particular development based on a peak demand rate for each person and the likely number of persons (based on number of bedrooms plus one) per well. The Owner provided a copy of a well pump test that included a professional opinion that the well can produce 8.19 gallons per minute (37.2 litres per minute). This pumping rate was greater than that required by the provincial guideline (i.e. 18.75 litres per minute based on 3.75 litres per minute per person multiplied by 5), which suggests that the existing well can produce an adequate volume of water for both the primary dwelling and the secondary dwelling unit. Drinking water quality (potable water) will need to be confirmed as part of the required permit under the Ontario Building Code. Any water quality concerns can generally be addressed through an appropriate water treatment unit. A sewage system(s) that complies with the Ontario Building Code will be required to service the single detached dwelling and the secondary dwelling unit. Attachment 2 to this report is a draft by-law for the proposed development.
Financial Implications Not applicable.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 53 of 183 Township of South Frontenac Staff Report - Z-21-27, Alasdair and Jennifer Cumming, 3579 Quinn Road East
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies (e.g. Conservation Authority, County Clerk, School Boards, Ontario Power Generation Inc. and HydroOne Inc.)
Attachments
- Location Map
- Draft By-law
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Attachment 1. Location Map of 3579 Quinn Road East
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Provincially Significant Wetland Settlement Area Citations
1.8
0
0.92
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
1.8 Kilometers
Notes Z-21-27
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Page 54 of 183
1: 36,112
Page 55 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO RURAL – SPECIAL PROVISION (RU-XX) ON LANDS DESCRIBED AS 3579 QUINN ROAD EAST, PART OF LOT 5, CONCESSION 3, DISTRICT OF PORTLAND: CUMMING WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “A”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Rural – Special Provision (RU-XX) for the lands shown on Schedule “1”.
THAT Zoning By-law number 2003-75 as amended is hereby further amended by adding a new section RU-XX (3579 Quinn Road East, Part of Lot 5, Concession 3, District of Portland - Cumming) immediately after the last Rural – Special Provision section to read as follows: RU-XX (3579 Quinn Road East, Part of Lot 5, Concession 3, District of Portland - Cumming) Notwithstanding the provisions of Section 7 or any other provision of this By-law to the contrary, on the lands zoned Special Rural (RU-XX), the following provisions apply: • •
The existing single detached dwelling may be enlarged to include a secondary dwelling unit. The primary and secondary dwelling units within the single detached dwelling shall be accessed by the same driveway, and be serviced by a shared sewage system and/or well.
All other provisions of this by-law shall apply. 3.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2022. Read a first and second time this ##th day of MONTH, 2022. Read a third time and finally passed this ##th day of MONTH, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Page 56 of 183
Angela Maddocks, Clerk
Page 57 of 183
Schedule 1 This is Schedule “1” to By-law No. 2022-XX.
Passed this ##th day of MONTH, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 58 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Public Meeting for Zoning By-law Amendment Application Subject: Z-21-29, Estate of Everett Orser (Keith Orser), Part of Lot 3, Concession 8, Loughborough
Summary This report provides Council with information about Zoning By-law Amendment Application Z-21-29 for a property on Everett Lane in Part of Lot 3, Concession 8, District of Loughborough. If approved, the zone on the subject lands would be changed from Rural (RU) to Limited Service Residential (RLS). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application and staff will bring a more detailed report and recommendation forward to Council on this application at a future meeting.
Recommendation This report is for information only.
Background The proposal is to change the zone on the subject property from Rural (RU) to Limited Services Residential (RLS) to allow a building permit to be issued for the property. The effect of the proposed by-law would be to facilitate the construction of a single detached dwelling. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The public meeting for this application will be a virtual public meeting using Zoom and telephone.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 59 of 183 Township of South Frontenac Staff Report - Z-21-29, Estate of Everett Orser (Keith Orser), Part of Lot 3, Concession 8, Loughborough
Discussion/Analysis Property Description The subject property is 13 hectares (32 acres) in area and has approximate 700 metres of frontage on Everett Lane near Knowlton Lake. The property is generally level and forested, except for approximately 3.5 hectares of unevaluated wetlands through the centre of the property, and a high bedrock escarpment along the western lot line. The deciduous forested area was farmed at one time. The property does not have any water frontage. The property is accessed from Everett Lane. The topography of the lane is generally level from Gould Lake Road to the west end of the subject property. The lane then travels along the bottom of the escarpment. The lane is privately maintained year-round. Attachment 1 to this report shows the location of the subject property relative to local landmarks on the draft zoning schedule. Related Applications The subject property is not subject to any other applications under the Planning Act. Department, Agency and Public Comments This application did not meet the criteria for circulation to Public Services and Building Services. Planning staff have received questions about the application from several members of the public. The questions related to what considerations are there for environmental impact and at-capacity lake status, what type of development is permitted in the Limited Service Residential zone, and whether the property could be subdivided. Staff responded to these questions. The matters raised are also addressed in the Preliminary Planning Analysis. No comments or concerns have been received from members of the public to date. Preliminary Planning Analysis The proposed rezoning needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. Rural Development The PPS and County Official Plan speak to permitting resource-based recreational uses and development that is sensitive to the surroundings.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 60 of 183 Township of South Frontenac Staff Report - Z-21-29, Estate of Everett Orser (Keith Orser), Part of Lot 3, Concession 8, Loughborough
The Township Official Plan suggests that the type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The Official Plan permits some limited service residential development in the form of single detached dwellings and seasonal dwellings on properties accessed from a private road. The subject property is currently zoned Rural, which allows a variety of uses and buildings. However, section 6.12 of the Township Official Plan and section 5.25 of Zoning By-law 2003-75 do not permit a building permit to be issued for a property on a private lane unless the property is a lot of record and is in a limited service residential zone (i.e. RLS, RLSW or RLSI). In a Limited Service Residential (RLS) Zone, there is no commitment or requirement by the Municipality to assume responsibility for ownership or maintenance of any private lane. It is noted that Everett Lane is located over a Township-owned road allowance that was never assumed. Due to road conditions of privately maintained roads, there is no commitment or requirement by the Municipality to ensure that emergency vehicles are able to access privately owned roads. The intent of the RLS Zone is to recognize non-waterfront residential development on private lanes. The RLS Zone permits a seasonal dwelling or a single detached (year-round) dwelling, accessory buildings, and a home occupation. Natural Heritage The PPS states that natural features and areas shall be protected for the long term. The County Official Plan and the Township Official Plan, in accordance with the PPS also do not permit development and site alteration in and adjacent to several types of significant natural features and areas unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. This demonstration is typically done through an environmental impact assessment. An environmental impact assessment was not required in support of the current rezoning application. Any future development of the property would need to be setback a minimum of 30 metres from the wetlands on the property, in accordance with the requirements of the Official Plan and Zoning By-law. As with any property that contains natural features such as wetlands and forest, there is the potential for wildlife habitat, including habitat of species at risk (e.g. grey ratsnake). Landowners are responsible to comply with the provisions of the Endangered Species Act, 2007, including those that provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as extirpated, endangered or threatened. If an activity may cause adverse impacts to a species at risk and/or their habitat, authorization under the ESA may be required prior to conducting the activity. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 61 of 183 Township of South Frontenac Staff Report - Z-21-29, Estate of Everett Orser (Keith Orser), Part of Lot 3, Concession 8, Loughborough
Lake Trout Lake Approximately half of the property is located within 300 metres of Knowlton Lake, which is an at-capacity lake trout lake. The Township Official Plan policies permit new development on lots of record adjacent to at-capacity (highly sensitive) lake trout lakes subject to a minimum 30 metre setback from the highwater mark of the lake, or a minor variance to this setback. The subject property is a lot of record and any development on this property will be located s more than 50 metres from the lake. Therefore, the Lake Trout Lake policies have been addressed. Land Division Potential Members of the public asked whether the rezoning application could facilitate future division of the subject property. Changing the zone on this property would allow a building permit to be issued for one dwelling. It is the understanding of staff that the applicant intends to either build a home on the property themselves, or to sell the property as a building lot. A rezoning would not facilitate further subdivision of the property. As indicated above, approximately half of the property is located within 300 metres of Knowlton Lake, which is an at-capacity lake trout lake. Lot creation is not permitted within 300 metres of the lake unless any sewage systems would be located outside this area. The proximity to the lake, in addition to the size and orientation of the wetlands on the property, significantly impact the development potential of the property. In addition, any division of the property would need to be through a plan of subdivision or a plan of vacant land condominium, as severances for non-waterfront lots on private lanes are not permitted. Should a plan of subdivision or plan of condominium application be submitted, numerous studies including a hydrogeological assessment, terrain analysis, environmental impact assessment, species at risk assessment and traffic impact study would be required. A decision on any future plan of subdivision or plan of condominium would be made by the County of Frontenac with input from South Frontenac Council and would go through a fulsome public consultation process. Attachment 2 to this report is a draft by-law for the proposed development.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 62 of 183 Township of South Frontenac Staff Report - Z-21-29, Estate of Everett Orser (Keith Orser), Part of Lot 3, Concession 8, Loughborough
☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • • • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies (e.g. Conservation Authority, County Clerk, School Boards, Ontario Power Generation Inc. and Hydro One Inc.)
Attachments
- Draft By-law
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 63 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM RURAL (RU) TO LIMITED SERVICE RESIDENTIAL (RLS) ON LANDS DESCRIBED AS PART OF LOT 3, CONCESSION 8, DISTRICT OF LOUGHBOROUGH: ESTATE OF EVERETT ORSER WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “B” to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural (RU) to Limited Service Residential (RLS) for the lands shown on Schedule “1”.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2022. Read a first and second time this ##th day of MONTH, 2022. Read a third time and finally passed this ##th day of MONTH, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 64 of 183
Schedule 1 This is Schedule “1” to By-law No. 2022-XX.
Passed this ##th day of MONTH, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 65 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Public Meeting for Zoning By-law Amendment Application Subject: Z-21-30, Zelda Hippolyte and Alice Gianotti, 4360 Sydenham Mill Street
Summary This report provides Council with information about Zoning By-law Amendment Application Z-21-30 for 4360 Sydenham Mill Street. If approved, the zone on the subject lands would be changed from Urban Commercial (UC) to Urban Residential – First Density Zone (UR1). Consistent with Council’s Procedural By-law, Council will receive comments from the public on the application, and Staff will bring a more detailed report and recommendation to Council on this application at a future meeting.
Recommendation This report is for information only.
Background The proposal is to change the zone on the subject property from Urban Commercial (UC) to Urban Residential – First Density (UR1) to legally permit the existing single detached dwelling on the property. The applicants are requesting this change to address financing requirements. Under the Planning Act, a public meeting is required to be held to receive comments from the public on the proposed rezoning. The public meeting for this application will be a virtual public meeting using Zoom and telephone.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 66 of 183 Township of South Frontenac Staff Report - Z-21-30, Zelda Hippolyte and Alice Gianotti, 4360 Sydenham Mill Street
Discussion/Analysis Property Description The subject property is located on Sydenham Mill Street in the Sydenham Settlement Area. It is south of the main commercial area. The property is surrounded by residential uses. The subject property is 1052 square metres (0.26 acres) in area and has approximately 16.5 metres of road frontage. The property is developed with a single detached dwelling, a “barn” and a gazebo. The dwelling is serviced by municipal water and a private sewage system. Attachment 1 to this report shows the location of the subject property relative to local landmarks. Related Applications The subject property is not subject to any other applications under the Planning Act. Department, Agency and Public Comments This application did not meet the criteria for circulation to Public Services and Building Services. No comments have been received from members of the public to date. Preliminary Planning Analysis The proposed rezoning needs to be assessed against the applicable policies of the Provincial Policy Statement 2020, County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The policies indicate that rural settlement areas, such as Sydenham, must be the focus of growth and development, and that their vitality and regeneration must be promoted. These policies also promote healthy, integrated and viable rural areas that are supported by accommodating an appropriate range and mix of housing in rural settlement areas, as well as by promoting opportunities for a varied and balanced industrial/commercial base in rural settlement areas. The subject property is zoned Urban Commercial (UC). The UC zone permits one dwelling unit in the form of an apartment as an accessory use in buildings in which commercial uses are permitted. The zone does not permit standalone residential uses without a commercial use occurring on the property. Therefore, the subject dwelling is a legal non-conforming use and can continue to be used for residential purposes.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 67 of 183 Township of South Frontenac Staff Report - Z-21-30, Zelda Hippolyte and Alice Gianotti, 4360 Sydenham Mill Street
In Loughborough Township Zoning By-law 89-75, through By-law 93-51, this property was zoned Residential General Exception (RG-8). The RG-8 zone allowed 460 square feet of floor space on the ground floor of the house to be used as a craft and gift shop. The property was incorporated into the UC zone in Zoning By-law 2003-75 as a result of this site-specific zone. It is unknown how long the craft and gift shop was in existence. However, it was solely a dwelling in 2004 when the property was purchased by the previous owners. The applicant indicated that the single detached dwelling on the subject property dates back to 1905. The properties immediately to the north and south are subject to site-specific UC zones corresponding with previous site-specific RG zones (one for an office and two dwelling units, the other for a reduced side yard for a deck on the dwelling). Both properties are also developed with single detached dwellings that are currently used for residential purposes. Changing the zoning to residential would assist the applicant with financing. Many financial institutions will often require legal non-conforming residential uses on commercially zoned property to be financed at a commercial rate. These financial institutions will only finance a property at a residential rate if the property is zoned residential. Supporting this application will assist the applicant to facilitate investment in this residential property. The subject property is south of the main commercial area and is surrounded by residential uses. Legally permitting the existing dwelling on the property would not change the continued use of the property nor the character of the neighbourhood. Attachment 2 to this report is a draft by-law for the proposed development.
Financial Implications Not applicable.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • •
Priority: Choose an item. Action Item (if applicable): N/A
Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, 20 days in advance of the Public Meeting. This included notice given: • •
by mail to every owner of land within 120 metres of the subject lands by posting notice signs on the subject lands www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 68 of 183 Township of South Frontenac Staff Report - Z-21-30, Zelda Hippolyte and Alice Gianotti, 4360 Sydenham Mill Street
• •
by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies (e.g. Conservation Authority, County Clerk, School Boards, Ontario Power Generation Inc. and Hydro One Inc.)
Attachments
- Location Map
- Draft By-law
Approvals Report Prepared By: Christine Woods, MCIP, RPP, Senior Planner Submitted By:
Claire Dodds, MCIP, RPP, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Attachment 1. Location Map of 4360 Sydenham Mill Street
Legend Road Highway Major Road Secondary Road Ferry Route
Assessment Parcels Provincially Significant Wetland Settlement Area Citations
0.2
0
0.11
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.2 Kilometers
Notes Z-21-30
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Page 69 of 183
1: 4,514
Page 70 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-XX BEING A BY-LAW TO AMEND BY-LAW 2003-75, AS AMENDED, TO REZONE LAND FROM URBAN COMMERCIAL (UC) TO URBAN RESIDENTIAL – FIRST DENSITY (UR1) ON LANDS DESCRIBED AS 4360 SYDENHAM MILL STREET, PART OF LOT 4, CONCESSION 5, DISTRICT OF LOUGHBOROUGH: HIPPOLYTE AND GIANOTTI WHEREAS pursuant to the provisions of Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; AND that there be no further notice pursuant to Section 34 (17) of the Planning Act; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac, hereby enacts as follows: 1.
THAT Schedule “B” and Schedule “F”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Urban Commercial (UC) to Urban Residential – First Density (UR1) for the lands shown on Schedule “1”.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said Section 34. Dated at the Township of South Frontenac this ##th day of MONTH, 2022. Read a first and second time this ##th day of MONTH, 2022. Read a third time and finally passed this ##th day of MONTH, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 71 of 183
Schedule 1 This is Schedule “1” to By-law No. 2022-XX.
Passed this ##th day of MONTH, 2022
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 72 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Subject:
Rogers Telecommunications Tower Proposal Project C8552 – Opinicon Rd & Maple Leaf Rd
Summary Rogers Communication is proposing a new 91.5m guyed telecommunications tower near Opinicon Road & Maple Leaf Road, on a property known as Part Lots 20 to 22, Concession 10, Loughborough District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township concurs with this proposal.
Recommendation THAT the Township of South Frontenac concur with the proposal by Rogers Communications Canada Inc. to erect a wireless communication installation on lands known as RP 13R12105, Parts 3 & 7 and RP 1318104, Parts 2 & 3, Concession 10, Part Lots 20 to 22, Loughborough District, South Frontenac (PIN 36282-0289); and, THAT the proposal is compliant with the requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”, and all obligations for the municipal and public consultation requirements have been met; and, THAT staff send a statement of concurrence to Rogers Communication Inc. and Innovation, Science and Economic Development Canada.
Background Rogers Communication Inc. (Rogers) is proposing a new 91.5m guyed tower telecommunications facility and an ancillary equipment structure surrounded by chainlink fencing, near the intersection of Opinicon and Maple Leaf Roads. The site location is proposed on the southern portion of the property north of Opinicon Road, and just east of Maple Leaf Road, approximately 57m from the road. The tower is located near the Cataraqui Trail that runs parallel to Opinicon Road in this location. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 73 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8552) – Opinicon Rd & Maple Leaf Rd
The closest tower is approximately 6.5km from the proposed location. This new tower will provide improved coverage for local residents and the traveling public. The design of the tower is a 91.5m guyed tower which will provide ample space for future co-location opportunities. Rogers Communication provided the Township with a Site Selection and Justification Report (attachment 1) and a Consultation Summary report (attachment 2). Cell tower licences are approved by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada). The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. However, as part of the approval process, a proponent is required to obtain a letter of concurrence from the municipality in which a telecommunications tower is to be located. A municipality may issue a Statement of Concurrence supporting the proposal; a Conditional Letter of Concurrence indicating support for the proposal if certain conditions are met, or a Letter of Non-concurrence if it does not support the proposal.
Discussion/Analysis Rogers requires a resolution from the Township indicating support of its application and a statement of concurrence with the application as part of the Industry Canada (IESD) approval process of issuing a licence for the communication towers. If they do not receive the resolution and letter, Rogers can petition Industry Canada for a decision. Throughout the Official Plan consultations in 2019 - 2021 – there has been strong public support for increased internet and cellular services in the Township – and this demand has only been strengthened during the COVID pandemic with a growing number of residents working from home and the need for business to provide their goods and services online. Increased cellular coverage also improves safety and connectivity for residents and visitors to the Township and assists staff in delivering modern and efficient services throughout the Township. While the Township is not the approval authority for telecommunication towers, it does have an important role in indicating to IESD whether or not it supports the Tower proposal.
Financial Implications None. This project will be undertaken by Rogers Communication at no expense to the Township.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 74 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8552) – Opinicon Rd & Maple Leaf Rd
• •
Priority: 4. Be a catalyst for the creation of vibrant, complete communities. Action Item (if applicable): N/A
Notice/Consultation If a municipality does not have its own public consultation policy for cell towers, the IESD consultation process is used. South Frontenac Township does not have a Local Protocol for cell tower siting. Rogers provided a Public Notification Package to the seven property owners within the required 274.5m radius of the proposed installation. The notice was issued by regular mail on November 1st, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before December 4th, 2021. A newspaper ad was also published in the November 4th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Rogers forwarded a copy of all public comments on this project directly to the Township, along with their responses. A summary of the comments provided to the Township from Rogers is included in the table below. Rogers also provided a consultation summary report. Date November 6, 2021 November 6, 2021 November 5, 2021
November 6, 2021 November 6, 2021
Public Comment I am so happy this tower is proposed. This area has a dead zone and a lot of people will benefit from it. I approve of the installation of a tower on Opinicon Road and Maple Leaf Road Getting decent internet service has always been an issue in the 19 years of living here. Do you know what the range will be for this tower? We support the Rogers tower in South Frontenac We would like to express support as we purchased family property in the area last summer but are based in Kitchener-Waterloo. Both my husband and I work remotely in the technology space and it would greatly benefit us to be able to spend extended amounts of time at our lake property.
Response from Rogers No response
No response
This tower should definitely improve Rogers service where you are. You are located about 1.6km from the tower and there is a good line of site between you and the tower. No response No response
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 75 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8552) – Opinicon Rd & Maple Leaf Rd
South Frontenac Staff The following internal stakeholders were consulted in the development of this report:
Troy Dunlop, Manager of Technical Services and Infrastructure Tom Berriault, Chief Building Official Christine Woods, Senior Planner
Township staff are supportive of the project as it will improve telecommunications coverage in the area and assists with EORN’s goal of increasing of bringing critical communication services to Eastern Ontario. This location was selected through a joint effort between Rogers and the EORN project planning group. Staff are satisfied that Rogers Communication Inc. has complied with the consultation requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”. It is noted that an entrance permit may be required from the Township for this project.
Attachments
- Site Selection and Justification Report – Rogers Communication
- Consultation Summary Report - Rogers Communication
Approvals Submitted By:
Claire Dodds, Director of Development Services, MCIP, RPP Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 76 of 183
December 6th, 2021 The Township of South Frontenac 4432 George St. Box 100 Sydenham ON, K0H 2T0 Tel: (613) 376-3027 Attention: Emily Caird, Executive Assistant & Communications Officer Dear Ms. Caird, Re:
Proposed Wireless Communication Site: C8552 Opinicon Rd & Maple Leaf Rd
On behalf of Rogers Communication Inc. (“Rogers”), I would like to submit for your review and consideration a summary of the municipal and public consultation process for the purpose of issuing a statement of concurrence concerning a proposed wireless communication site to be located on Opinicon Rd. Project Description & Proposed Location Rogers is constantly improving and expanding its infrastructure to meet the ever-growing demand for high-quality reliable wireless voice and data services. The proposed site is needed to improve our wireless voice and data services in the community. The proposed wireless communication installation consists of a 91.5m guyed communication tower and a walk-in equipment cabinet located within an enclosed compound. Municipal & Public Consultation Process Rogers is regulated and licensed by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada) to provide inter-provincial wireless voice and data services. As a federal undertaking, Rogers is required by ISED to consult with land-use authorities in siting tower locations. The consultation process established under ISED’s authority is intended to allow the local land-use authorities the opportunity to address land-use concerns while respecting the federal government’s exclusive jurisdiction in the siting and operation of wireless and data systems. The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. Rogers is, however, required to follow established and documented wireless protocols or processes set forth by land-use authorities. Rogers submitted an Application for an Antenna System to the Township of South Frontenac via email on October 15th, 2021 for a wireless communications installation to be located on Opinicon Rd.
8200 Dixie Rd., Brampton, ON, L6T 0C1
Page 77 of 183
2
The Township of South Frontenac has not developed a protocol relevant for establishing telecommunication facilities in the Township and as a result, Rogers is following Innovation, Science and Economic Development (ISED) Canada’s CPC-2-0-03 Default Protocol as it pertains to the public notification and consultation required for communication towers. Rogers provided the attached Public Notification Package to the seven property owners within the required 274.5m radius of the proposed installation. The notice was issued by regular mail on November 1st, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before December 4th, 2021. A newspaper ad was also published in the November 4th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Five comments supporting the proposed tower were received. The comments are attached to the email with this consultation summary and concurrence request. Rogers has now fulfilled all circulation requirements under ISED’s Default Protocol as they pertain to the proposed new communication site to be located on Opinicon Rd. Rogers has followed all the necessary steps in accordance with the Default Protocol’s guidelines by: • • • •
consulting with the municipality; advising the public of our proposal; addressing all reasonable and relevant concerns pertaining to our proposal; and keeping and producing all associated communications to Industry Canada and the municipality.
Conclusion Rogers takes concerns or suggestions expressed by the public as important elements to our proposal. As a result of the consultation process, three comments supporting the proposed tower were received from the public. Rogers feels that the proposed site is well located to provide improved wireless voice and data services in the targeted area. The proposed site is also situated and designed so as to have minimal impact on surrounding land uses. Request for Concurrence Rogers has now fulfilled all the requirements under ISED’s Default Protocol as they pertain to the proposed new telecommunications site on Opinicon Rd. In order to conclude this land-use consultation and meet ISED’s requirements, Rogers Communications Inc. respectfully requests that our proposal be considered complete and that the Township of South Frontenac move forward with the assessment of the process Rogers has undertaken to date.
3
Rogers also requests that the Township of South Frontenac issue a formal Letter of Concurrence to Rogers with a copy to ISED in order to permit Rogers to move forward with the installation of the proposed wireless communication site.
Yours Truly,
Christian Lee, Site Acquisition Specialist On behalf of Rogers Communications Inc., Network Implementation (613) 799-9900
Page 78 of 183
Page 79 of 183
Site Selection/Justification Report – Wireless Communications Site Prepared for: The Township of South Frontenac Rogers Site: C8552 Opinicon Rd & Maple Leaf Rd
Rogers Communications Inc. | 8200 Dixie Road | Brampton ON L6T 0C1 Christian Lee | Municipal Relations | (613) 799-9900
Page 80 of 183 Introduction Like many areas of the province, your community is experiencing a growing demand for wireless services. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. This document outlines the site selection process in accordance with the requirements of Innovation, Science and Economic Development Canada’s (ISED) Spectrum Management and Telecommunications Policy, CPC-2-0-03, Issue 51 (CPC) updated Jul. 15, 2014 and provides a description of the system to be installed on the property north of Opinicon Rd., and just east of Maple Leaf Rd., approximately 57m from the road. Telecommunications is a powerful economic enabler that promotes home occupations, teleworking, telecommuting and improved community networking and information dissemination. This site is part of the EORN Cell Gap Project. Background and Coverage Requirement A wireless telecommunications facility is a puzzle piece in a very complex radio network, whether that site is situated in an urban, suburban or rural setting. Customer demand and sound engineering principles direct where sites are required to be located. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. In order for a wireless network to be reliable, an operator must provide “seamless” coverage so that gaps in the network are avoided. Gaps create dropped calls and overall poor service to customers. Rogers is committed and mandated by its license to ensure the best coverage and service to the public and private sectors. The proposed site will achieve the necessary engineering coverage objectives for our network. The location will provide much relied upon communication services in the area such as EMS Response, Police and Fire; improved wireless signal quality for the local residents, those traveling along the major roads, as well provide local subscribers with wireless network coverage and capacity for products and services such as iPhones, Smartphones, Tablets and wireless internet through the Rogers Rocket Stick technology in the surrounding area. Rationale for New Telecommunication Infrastructure In identifying a potential new tower location and design, Rogers examined the surrounding area, assessed the visibility of the structure and considered a possible structure design. Rogers evaluated the best location for a new facility using the following criteria: a) Technical Requirements The performance of a wireless network is dependent on the geographical location of its equipment, height of its antennas, line-of-sight requirement, the demand customers place on the network, as well as proximity to our users. Please refer for the following page for an aerial outlining the site location (Figure 1).
1
2
http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf06136.html
Page 81 of 183
Figure 1 – Aerial of the proposed location.
b) Coverage Objectives Rogers’ Network Planning and Engineering departments have determined that the placement of this site will provide a dramatic improvement in service for the area and will meet the coverage objectives. c) Evaluation of Existing Structures When a part of a network requires improvement, the first step is to evaluate existing structures that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. During the site selection process for this proposed installation, Rogers determined that no other existing infrastructure opportunity was available in our target area that was suitable for our network. The closest tower is roughly 6.5km from the proposed location and it is simply too far from the coverage area to be effective. The map below (Figure 4) illustrates the proposed location in relation to the other existing structure assessed. Please also refer to the table provided below for site location and associated height – (Figure 5). 3
Page 82 of 183 Figure 4 – Existing structures map
Figure 5 – Existing structure table Existing Structure
Carrier
Height
Distance
Design
A B
Rogers Bell
80m 75m
6.5km 8.5km
Guyed Tower Guyed Tower
Reason for Unsuitability Too far away Too far away
d) Land-Use Considerations Rogers’ site selection process is a balanced exercise that must meet Rogers’ network coverage objectives, respect local land-use constraints, listen to community concerns, while at the same time reflecting Rogers obligation to its customers to provide a high quality of service. From a technical standpoint, the proposed site location is within the search radius and will provide optimal coverage to the desired area. The tower footprint will be using only a small fraction of the property owner’s large lot. Access to the site will be from a new entrance from Opinicon Rd. and will not disturb the land-owner’s current use of the property or affect community traffic flow.
4
Page 83 of 183
Proposed Facility Location and Site Details The site as proposed will be a 91.5m guyed tower installation. Geographic coordinates:
44.484367, -76.469614
All efforts have been made to minimize the number of cellular base station locations required throughout the targeted area and yet allow for a network design which can adequately provide wireless voice and data service to our existing and new customer base. Please also refer below for a sample of the installation for your reference (Figure 6). An additional package of photo simulations is provided with this report. The viewscapes simulate the view of the proposed installation from different locations. The process of simulating the proposed facility into the existing conditions of the viewscapes was done by superimposing an image of the proposed structure on the photographs taken for those viewscapes. Figure 6 – Sample image of proposed installation
5
Page 84 of 183 Site Selection Rogers strives to be sympathetic to the surrounding land-use features and takes all reasonable steps required by local land use authority to mitigate concerns with respect to planning and environmental matters. It is important to note that the selection of a site for a telecommunication antenna support structure does not occur randomly. Among the factors considered are: 1. 2. 3. 4. 5. 6. 7.
expected usage patterns of service and proximity to users local topography and building types interaction with existing and future sites line of sight requirements for high quality communications opportunities to use existing structures availability of a willing landlord the industry’s commitment to high service standards and customer satisfaction.
The following are some of the considerations used by Rogers in development criteria of the proposal: •
The proposed site location is on the southern portion of the property owners’ large lot, approximately 57m from Opinicon Rd.
•
Design selected for this proposal is appropriate considering the area context and will best achieve our objectives, as well as provide for future co-location opportunities of other wireless service providers in an attempt to reduce the number of structures in the area.
•
Access to the property for construction and maintenance purposes will be via new access to the property to minimize any disturbance to the property’s current use.
•
The installation will have no impact on the watershed or the wells, water quality or any water systems. No chemicals, pesticides or herbicides that could potentially have an adverse effect on the water systems will be contained on our structure or the associated walk-in radio equipment cabinet.
•
During construction, precautions will be taken to minimize any disruption to the current operation on the site and to the surrounding residents. Once site is in-service, there will be no noise associated with the daily operation of the installation.
The site will occupy a compound area of approximately 9.5m x 7.6m, surrounded by 2.4m high chain link security fence. The compound also contains a walk-in equipment cabinet (WIC) containing radio equipment, backup battery power, maintenance tools, manuals and a first aid kit. The installation is equipped with a silent alarm system. The site is designed to provide 3-sectored 700, 2100, MHz LTE and 5G services. It will also accommodate future TBD technologies. Rogers considers this location and design ideal to provide superior coverage levels and service to Rogers’ customers.
6
Page 85 of 183
Municipal and Public Notification Rogers has a strong history of consultation with municipalities and understands the importance of land-use protocols and transparency in consultation. As the provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings, wireless communication facilities are not required to obtain municipal permits. However, Section 4.1 of the CPC, states that the concerns and suggestions expressed by land-use authorities are important elements to be considered by proponents when installing or modifying antenna systems. ISED requires that consultation be undertaken with the appropriate land-use authorities to ensure those authorities are aware of significant structures within their boundaries and so that local land-use issues can be raised, while respecting the federal government’s jurisdiction in the siting and operation of wireless voice and data systems. The Township of South Frontenac has not developed its own protocol for establishing telecommunication facilities in the Township. Therefore, in this instance Rogers will be following ISED’s default protocol. The protocol outlines the land-use consultation process relevant to evaluating wireless communication installation proposals. In accordance with this policy, proponents must provide a notification package to the local public within a radius of three times the height of the tower, or 274.5m in this instance. A notice will also be provided to the Township of South Frontenac and the ISED regional office. Concurrent to the mailing of a Public Consultation package, Rogers will also place a notice in the November 4th edition of the Frontenac News. Federal Requirements In addition to the requirements for consultation with municipal authorities and the public, Rogers must also fulfill other important obligations including the following: Canadian Environmental Assessment Act ISED requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation. This includes the Canadian Environmental Assessment Act, 2012 (CEAA 2012), where the antenna system is incidental to a physical activity or project designated under CEAA 2012, or is located on federal lands. Rogers attests that the radio antenna system as proposed for this site is not located within federal lands or forms part of or incidental to projects that are designated by the Regulations Designating Physical Activities or otherwise designated by the Minister of the Environment as requiring an environmental assessment. In accordance with the Canadian Environmental Assessment Act, 2012, this installation is excluded from assessment. For additional detailed information, please consult the Canadian Environmental Assessment Act)2.
2
7
http://laws-lois.justice.gc.ca/eng/acts/C-15.21/
Page 86 of 183
Transport Canada’s Aeronautical Obstruction Marking Requirements Aerodrome safety is under the exclusive jurisdiction of NAV Canada and Transport Canada. An important obligation of Rogers’ installations is to comply with Transport Canada / NAV CANADA aeronautical safety requirements. Transport Canada will perform an assessment of the proposal with respect to the potential hazard to air navigation and notify Rogers of any painting and/or lighting requirements for the antenna system. Rogers will submit the appropriate applications and expects lighting to be required for this site. Rogers Communications Inc. attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. For additional detailed information, please consult Transport Canada3. Health Canada’s Safety Code 6 Compliance Health Canada is responsible for research and investigation to determine and promulgate the health protection limits for Exposure to the RF electromagnetic energy. Accordingly, Health Canada has developed a guideline entitled “Limits of Human Exposure to Radiofrequency Electromagnetic Field in the Frequency Range from 3kHz to 300 GHz – Safety Code 6”. The exposure limits specified in Safety Code 6 were established from the results of hundreds of studies over the past several decades where the effects of RF energy on biological organisms were examined. Radiocommunication, including technical aspects related to broadcasting, is under responsibility of the Ministry of Industry (Innovation, Science and Economic Development Canada), which has the power to establish standards, rules, policies and procedures. ISED, under this authority, has adopted Safety Code 6 for the protection of the general public. As such, ISED requires all proponents and operators to ensure that their installations and apparatus comply with the Safety Code 6 at all times. Rogers Communications Inc. attests that the radio antenna system described in this notification package will at all times comply with Health Canada’s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier co-locations and nearby installations within the local radio environment. More information in the area of RF exposure and health is available on the Health Canada’s website under Environmental and Workplace Health4 and Safety Code Health Canada’s Radiofrequency Exposure Guidelines5.
3
http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-standards-standard621-3808.htm
http://www.hc-sc.gc.ca/ewh- semt/radiation/cons/stations/index-eng.php\
4
5
Page 87 of 183
Engineering Practices Rogers attests that the radio antenna system as proposed for this site will be constructed in compliance with the National Building Code and The Canadian Standard Association and comply with good engineering practices including structural adequacy. Innovation, Science and Economic Development Canada’s Spectrum Management (ISED) Please be advised that the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through ISED. For more information on ISED’s public consultation guidelines including CPC-2-0-036 contact your local ISED office at spectrumenod-spectredeno@ised-isde.gc.ca or at the below noted address: Innovation, Science and Economic Development Canada Spectrum Management Eastern Ontario District Office 2 Queen Street East, Sault Ste. Marie, ON, P6A 1Y3 Telephone: 1-855-465-6307 Fax: 705-941-4607 Email: spectrumenod-spectredeno@ised-isde.gc.ca Web: http://www.ic.gc.ca/eic/site/smt-gst.nsf/fra/h_sf01702.html General information relating to antenna systems is available on ISED’s Spectrum Management and Telecommunications website7. Public consultation obligations Rogers Communications Inc. is committed to effective public consultation. The public will be invited to provide comments to Rogers about this proposal by mail, electronic mail or phone. ISED’s rules contain requirements for timely response to all questions, comments or concerns. We will acknowledge receipt of all communication within 14 days and will provide a formal response to the Township and those members of the public who communicate to Rogers, within 60 days. The members of the public who communicated with Rogers will then have 21 days to review and reply to Rogers as a final response. Proponent’s Contact Information - Rogers Communications Inc. Christian Lee Wireless Site Specialist Eric Belchamber & Associates 337 Autumnfield St. Kanata, ON, K2M 0J6 (613) 799-9900 christian.lee@rogers.com 6
http://www.ic.gc.ca/epic/site/smt- gst.nsf/en/sf08777e.html
7
http://www.ic.gc.ca/epic/site/smt-gst.nsf/en/home
9
Page 88 of 183
Conclusion Reliable wireless communication services are a key element of economic development across Canada. It facilitates the growth of local economies by providing easy access to information, and connectivity for residents and businesses alike. The infrastructure proposed is suitable for the development over the long term and protects public health and safety and is a powerful economic enabler. In response to this growing demand for wireless services, Rogers has worked to find the most suitable location for a new telecommunications structure in efforts to provide improved wireless services in the area to its residents, businesses and the traveling public. In addition to meeting consumer needs, technological upgrades are also critical to ensuring the accessibility of emergency services such as fire, police and ambulance. Wireless communications products and services, used daily by police, EMS, firefighters and other first responders, are an integral part of Canada’s safety infrastructure. Rogers feels that the proposed site is well located to provide improved wireless voice and data services in the targeted area. The proposed location is also situated and designed to have minimal impact on surrounding land uses. Rogers looks forward to working with the Township of South Frontenac to provide improved wireless services to the community. Should you have any further questions or comments, please feel free to contact me via email at christian.lee@rogers.com, or via phone at (613) 799-9900. Sincerely,
Christian Lee Wireless Site Specialist Eric Belchamber & Associates 337 Autumnfield St. Kanata, ON, K2M 0J6 (613) 799-9900 christian.lee@rogers.com
10
Page 89 of 183
APPENDIX 1 Public Consultation Package *Attached separately
11
Page 90 of 183
Rogers
APPENDIX 2: Site Survey
12
Page 91 of 183
APPENDIX 3 Photo Simulations Package
13
Page 92 of 183
14
Page 93 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Subject:
Rogers Telecommunications Tower Proposal Project C8689 – Dewitt Rd & Timmerman’s Island
Summary Rogers Communication is proposing a new 91.5m guyed telecommunications tower near Dewitt Road & Timmerman’s Island, on Part Lot 25, Concession 6, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township concurs with this proposal.
Recommendation THAT the Township of South Frontenac concur with the proposal by Rogers Communications Canada Inc. to erect a wireless communication installation on lands known Part Lot 25, Concession 6, Bedford District, South Frontenac (PIN 362400040); and, THAT that the proposal is compliant, with the requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”, and all obligations for the municipal and public consultation requirements have been met; and, THAT staff send a statement of concurrence to Rogers Communication Inc. and Innovation, Science and Economic Development Canada.
Background Rogers Communication Inc. (Rogers) is proposing a new 91.5m guyed tower telecommunications facility and an ancillary equipment structure surrounded by chainlink fencing, to be located at the property east of Burns Rd., across from Karns Rd, Tichborne. The project name refers to its location as Dewitt Rd & Timmerman’s Island. The site location proposed is on the western portion of the property along Burns Rd., near Karns Ln., approximately 86m from the road. The closest tower is approximately 9.3 km www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 94 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
from the proposed location. This new tower will provide improved coverage for the community and the traveling public. The design of the tower is a 91.5m guyed tower which will have ample space for future co-location opportunities. Rogers Communication provided the Township with a Site Selection and Justification Report (attachment 1) and a Consultation Summary report (attachment 2). Cell tower licences are approved by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada). The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. However, as part of the approval process, a proponent is required to obtain a letter of concurrence from the municipality in which a telecommunications tower is to be located. A municipality may issue a Statement of Concurrence supporting the proposal; a Conditional Letter of Concurrence indicating support for the proposal if certain conditions are met, or a Letter of Non-concurrence if it does not support the proposal.
Discussion/Analysis Rogers requires a resolution from the Township indicating support of its application and a statement of concurrence with the application as part of the Industry Canada (IESD) approval process of issuing a licence for the communication towers. If they do not receive the resolution and letter, Rogers can petition Industry Canada for a decision. Throughout the Official Plan consultations in 2019 - 2021 – there has been strong public support for increased internet and cellular services in the Township – and this demand has only been strengthened during the COVID pandemic with a growing number of residents working from home and the need for business to provide their goods and services online. Increased cellular coverage also improves safety and connectivity for residents and visitors to the Township and assists staff in delivering modern and efficient services throughout the Township. While the Township is not the approval authority for telecommunication towers, it does have an important role in indicating whether or not it supports the Tower proposal.
Financial Implications None. This project will be undertaken by Rogers Communication at no expense to the Township.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 95 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
• •
Priority: 4. Be a catalyst for the creation of vibrant, complete communities. Action Item (if applicable):N/A
Notice/Consultation If a municipality does not have its own public consultation policy for cell towers, the IESD consultation process is used. South Frontenac Township does not have a Local Protocol for cell tower siting. Rogers provided the attached Public Notification Package to the ten property owners within the required 274.5m radius of the proposed installation. The notice was issued by regular mail on November 1st, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before December 4th, 2021. A newspaper ad was also published in the November 4th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Rogers forwarded a copy of all public comments on this project directly to the Township, along with their responses. A summary of the comments provided to the Township from Rogers is included in the table below. Rogers also provided a consultation summary report.
Date January 17,2022
Public Comment The tower will be seen as a blight on the horizon and depress property values for those who look directly at the tower. I hope the Township will object to the construction of the Tower.
Comment provided outside of Rogers formal commenting period November Conflicted between the 13, 2021 aesthetics impact to our pristine environment and losing the horizon line to this structure versus the improvement to our current spotty (at best) coverage.
I question the need for 300 ft tower given the elevation of the hill already. Maybe
Response from Rogers There is no basis for a claim that towers have a negative impact on property values. The tower will not dominate the horizon. It is always Rogers’ intention to minimize impact to area sightlines, but this has to be balanced with the core objective of providing services. Moving the tower 500m one way or another could mean leaving dozens of cottages without service.
Planning a tower requires significant time and extensive planning. The area terrain and site elevation was included in the analysis and a 40m camouflaged tower is not a viable option. There isn’t a solution that works and pleases everyone.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 96 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
November 6, 2021 November 12, 2021 November 15, 2021
November 26, 2021
November 12, 2021 November 12, 2021 December 3, 2021
there is only need for a 40m camouflaged tower. We are in support of the Rogers Tower I am for the cell phone towers on Bobs Lake, full height. About time. I wanted to find out the service area for the proposed towers and how much that might change with shorter towers. We wish to voice support for the cell towers. There is a safety issue in and around our area because we lack cell phone coverage. With climate change we are unable to receive early weather warnings or alerts with the current coverage. Wonderful! I suppose it will take a few years to construct the tower. I am very pleased with the plans to construct a tower near Green Bay. Requesting the Tower to be moved to be farther from the Green Bay wetland – a minimum of 100m from the wetland. It is very important that dark skies be maintained and respected.
No response No response
There is no option for several shorter towers. There are both technical limitations as well as serious budgetary obstacles to a solution like that, even if technical challenges could be overcome. No response
Construction is TBD, and based on approvals. Best guess is in-service date of late 2022 or 2023. No response
The proposed installation is subject to approvals from RVCA and the project will be compliant with all applicable regulations. Dark Skies – Transport Canada determines lighting requirements. Rogers does employ measures to minimize light spill below the facility.
Aesthetic considerations – these are not The structure will be an generally considered reasonable or relevant. eyesore from the north side Rogers has sited the proposed tower to provide of Green Bay wetland. reasonable setback from the lake, in a spot naturally screened by large trees that meets Consider sighting the tower network objective. A 1 km move would be at the Green Bay Waste significant and not considered at this time. Disposal Site.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 97 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
December 4, 2021
November 21, 2021
Request additional renderings of additional viewpoints My family strongly support the proposed Rogers tower. I can see how important this is for the betterment of our Lake community, and so our personal and work lives. Cell service is inadequate. It is well back from the water and it should not have any effect on sight lines around the lake. Tower design
Additional renderings – rendering viewpoints were reversed. We apologize. No response
Residents have asked about shorter, disguised towers. There are several technical and economic reasons why this approach is not possible. Wireless technology is highly reliant on lines of sight. Three smaller towers would be required in place of one 90m tower and would create “dead zones”. Microwave uplink is required to connect these towers to the rest of the network. Microwave uplink antennas need to be higher than 40-45m for the to work in this area.
November 15, 2021
Can equal service be obtained with a less intrusive tower? What quality of service is expected/guaranteed from a line-of-sight connection? What additional gear will be required from the
To date – the economics (population over land mass) has not been sufficient to make a business case for any carrier to build one tower. The EORN Cell-Gap project uses public funds to bring the needed service to Bobs Lake. No, there are several economic and technical reasons why this isn’t possible.
Wireless technology is highly reliant on lines of sight. Three smaller towers would be required in place of one 90m tower and would create “dead zones”. Microwave uplink is required to connect these towers to the rest of the network. Microwave uplink antennas need to be higher
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 98 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
consumer to access the service?
than 40-45m for the to work in this area. There is no economic case for this approach.
When is service expected to be available?
There isn’t any specific speed guarantee.
The service will be compatible with any standard What is the expected range Rogers LTE/5G devices. of service offerings? In service date is TBD – but hoping for late 2022 or 2023. Rogers offers a broad range of products that work on the wireless network. November 26,2021
Setbacks from the road Lights on tower Clarification of Viewpoint simulations Reception Shadow Reduce height to lessen obtrusive visual impact Location name is confusing
Rogers can confirm the tower will comply with all standards and setbacks that apply to towers within the municipality. Lighting is determined by Transport Canada. Efforts will be made to mitigate light spill below the tower. The simulations had to be created manually for the site. Viewpoints 1 and 2 are reversed in the public information package. Typically there is a shadow below the tower. There should still be excellent service withinthis shadow area. The antenna system height was chosen by Rogers as the best option to service the area. There is no potential to use a shorter towers as an feasible option.
November 9, 2021 & November 15, 2021
Tower height Tower design
The name is selected early in the planning process before a final location is found. In some parts of Ontario, lower towers have been deployed (40-45m) and some designed as pine trees to blend in. There are a number of technical and economic reasons why this isn’t possible in this instance. Wireless technology relies on line-of-sight, so areas will hilly terrain make it necessary to build higher towers. If they are to be effective and have fewer dead zones.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 99 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
Building 3 towers is not economically (population over land mass) feasible.
November 7, 2021 November 9, 2021 November 12, 2021
The application says Timmerman Island-Dewitt Lane but the tower is located on Burns Rd. Will the tower be connected with fibre or microwave backhaul?
The site location was a joint effort between Rogers and the EORN Project planning group. This location was selected to provide best coverage. Relocating the tower to 3.5 kms away would drastically reduce the effectiveness of the project. Rogers assigned names and codes for proposed site early in the planning process and gives them names based on approximate location. The tower will be connected via microwave transmission.
The tower lighting is TBD at this point. Will the tower have flashing Transport Canada performs an assessment of red light? the proposal with respect to the potential hazard to air navigation and will notify Rogers of any What services will be lighting requirements for the antenna systems. provided from the Tower? If lighting is required, shielding will be installed below the light to directly light only upwards and Will the tower be one of the block light spill. new hidden towers to look like a pine tree similar to The tower will provide advanced cellular voice what Bell is doing in and wireless services. Muskokas? Like Bell, Rogers has deployed towers/antenna Tower density – puzzles systems in some areas with various concealing why Bobs Lake is now strategies like the well known monopole blessed with 2 proposed disguised as a pine tree. These concealed towers. We are served by installations are typically 40-45m high, and the Tichbourne tower about appropriate of more populated areas. 17kms away and the Westport Tower about The tower will be similar in height and design to 25km away now. The the Bell tower along Hwy 38. service from these towers is adequate. Wouldn’t it The location is the ideal spot to meet service make sense to put the objectives, both for coverage as well as tower farther to provide capacity. Towers that are 17 to 25km away more coverage on Bobs aren’t providing any meaningful coverage. Lake. Many residents in the area have no coverage at all.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 100 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
Rogers indicated that comments in support of the proposed tower were received from a significant number of property owners in the area. Feedback from the Greater Bob’s Lake & Crow Lake Association Facebook group was very positive. From the Association: “The response was overwhelmingly positive - with about 200 responses. There was only a handful of negative responses mostly from us located near the Burns Rd site”. The Bobs and Crow Lake Association decided not to provide a letter of support but rather let members contact the Township and Rogers directly. There were also comments submitted by the public suggesting that Rogers install multiple shorter towers in the area concealed as pine trees (commonly known as “monopines”). These comments were received shortly after the Greater Bob’s Lake/Crow Lake Association sent a notification to their 275 members, as well as their 4000 member Facebook group. A copy of the Lake Association’s letter is attached within the correspondence summary of the Association Director, Bill St. Arnaud (whose property is located near the proposed tower). The cost and technical limitations of these towers are such that they simply aren’t practical nor possible in this instance. South Frontenac Staff The following internal stakeholders were consulted in the development of this report:
Troy Dunlop, Manager of Technical Services and Infrastructure Tom Berriault, Chief Building Official Christine Woods, Senior Planner
Township staff are supportive of the project as it will provide maximum coverage in the local areas and assists with EORN’s goal of increasing of bringing critical communication services to Eastern Ontario. This location was selected through a joint effort between Rogers and the EORN project planning group. Staff are satisfied that Rogers Communication Inc. has complied with the consultation requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”. It is noted that an entrance permit may be required from the Township for this project.
Attachments
- Site Selection and Justification Report – Rogers Communication
- Consultation Summary Report - Rogers Communication
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 101 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8689) – Dewitt Rd & Timmerman’s Island
Approvals Submitted By:
Claire Dodds, Director of Development Services, MCIP, RPP Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 102 of 183
Site Selection/Justification Report – Wireless Communications Site Prepared for: The Township of South Frontenac Rogers Site: C8689 Dewitt Rd & Timmermans Island
Rogers Communications Inc. | 8200 Dixie Road | Brampton ON L6T 0C1 Christian Lee | Municipal Relations | (613) 799-9900
Page 103 of 183 Introduction Like many areas of the province, your community is experiencing a growing demand for wireless services. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. This document outlines the site selection process in accordance with the requirements of Innovation, Science and Economic Development Canada’s (ISED) Spectrum Management and Telecommunications Policy, CPC-2-0-03, Issue 51 (CPC) updated Jul. 15, 2014 and provides a description of the system to be installed east of Burns Rd., near Karns Ln. Telecommunications is a powerful economic enabler that promotes home occupations, teleworking, telecommuting and improved community networking and information dissemination. This site is part of the EORN Cell Gap Project. Background and Coverage Requirement A wireless telecommunications facility is a puzzle piece in a very complex radio network, whether that site is situated in an urban, suburban or rural setting. Customer demand and sound engineering principles direct where sites are required to be located. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. In order for a wireless network to be reliable, an operator must provide “seamless” coverage so that gaps in the network are avoided. Gaps create dropped calls and overall poor service to customers. Rogers is committed and mandated by its license to ensure the best coverage and service to the public and private sectors. The proposed site will achieve the necessary engineering coverage objectives for our network. The location will provide much relied upon communication services in the area such as EMS Response, Police and Fire; improved wireless signal quality for the local residents, those traveling along the major roads, as well provide local subscribers with wireless network coverage and capacity for products and services such as iPhones, Smartphones, Tablets and wireless internet through the Rogers Rocket Stick technology in the surrounding area. Rationale for New Telecommunication Infrastructure In identifying a potential new tower location and design, Rogers examined the surrounding area, assessed the visibility of the structure and considered a possible structure design. Rogers evaluated the best location for a new facility using the following criteria: a) Technical Requirements The performance of a wireless network is dependent on the geographical location of its equipment, height of its antennas, line-of-sight requirement, the demand customers place on the network, as well as proximity to our users. Please refer for the following page for an aerial outlining the site location (Figure 1).
1
2
http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf06136.html
Page 104 of 183
Figure 1 – Aerial of the proposed location.
b) Coverage Objectives Rogers’ Network Planning and Engineering departments have determined that the placement of this site will provide a dramatic improvement in service for the area and will meet the coverage objectives. c) Evaluation of Existing Structures When a part of a network requires improvement, the first step is to evaluate existing structures that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. During the site selection process for this proposed installation, Rogers determined that no other existing infrastructure opportunity was available in our target area that was suitable for our network. The closest tower is roughly 9km from the proposed location and it is a Rogers tower, and simply too far from the coverage area to be useful. The map below (Figure 4) illustrates the proposed location in relation to the other existing structure assessed. Please also refer to the table provided below for site location and associated height – (Figure 5).
3
Page 105 of 183 Figure 4 – Existing structures map
Figure 5 – Existing structure table Existing Structure
Carrier
Height
Distance
Design
1 2
Rogers Rogers
100m 125m
9.3km 18km
Guyed Tower Guyed Tower
Reason for Unsuitability Too far away Too far away
d) Land-Use Considerations Rogers’ site selection process is a balanced exercise that must meet Rogers’ network coverage objectives, respect local land-use constraints, listen to community concerns, while at the same time reflecting Rogers obligation to its customers to provide a high quality of service. From a technical standpoint, the proposed site location is within the search radius and will provide optimal coverage to the desired area. The tower footprint will be using only a small fraction of the property owner’s large lot. Access to the site will be from a new entrance from Burns Rd. and will not disturb the land-owner’s current use of the property or affect community traffic flow.
4
Page 106 of 183 Proposed Facility Location and Site Details The site as proposed will be a 91.5m guyed tower installation. Geographic coordinates:
44.674560, -76.581441
All efforts have been made to minimize the number of cellular base station locations required throughout the targeted area and yet allow for a network design which can adequately provide wireless voice and data service to our existing and new customer base. Please also refer below for a sample of the installation for your reference (Figure 6). An additional package of photo simulations is provided with this report. The viewscapes simulate the view of the proposed installation from different locations. The process of simulating the proposed facility into the existing conditions of the viewscapes was done by superimposing an image of the proposed structure on the photographs taken for those viewscapes. Figure 6 – Sample image of proposed installation
Site Selection Rogers strives to be sympathetic to the surrounding land-use features and takes all reasonable steps required by local land use authority to mitigate concerns with respect to planning and environmental matters. It is important to note that the selection of a site for a telecommunication antenna support structure does not occur randomly. Among the factors considered are: 1. 2. 3. 4. 5. 6. 7. 5
expected usage patterns of service and proximity to users local topography and building types interaction with existing and future sites line of sight requirements for high quality communications opportunities to use existing structures availability of a willing landlord the industry’s commitment to high service standards and customer satisfaction.
Page 107 of 183
The following are some of the considerations used by Rogers in development criteria of the proposal: •
The proposed site location is on the western portion of the property owners’ large lot, away from the roadside, approximately 86m from Burns Rd.
•
Design selected for this proposal is appropriate considering the area context and will best achieve our objectives, as well as provide for future co-location opportunities of other wireless service providers in an attempt to reduce the number of structures in the area.
•
Access to the property for construction and maintenance purposes will be via existing access to the property to minimize any disturbance to the property’s current use.
•
The installation will have no impact on the watershed or the wells, water quality or any water systems. No chemicals, pesticides or herbicides that could potentially have an adverse effect on the water systems will be contained on our structure or the associated walk-in radio equipment cabinet.
•
During construction, precautions will be taken to minimize any disruption to the current operation on the site and to the surrounding residents. Once site is in-service, there will be no noise associated with the daily operation of the installation.
The site will occupy a compound area of approximately 9.5m x 7.6m, surrounded by 2.4m high chain link security fence. The compound also contains a walk-in equipment cabinet (WIC) containing radio equipment, backup battery power, maintenance tools, manuals and a first aid kit. The installation is equipped with a silent alarm system. The site is designed to provide 3-sectored 700, 2100, MHz LTE and 5G services. It will also accommodate future TBD technologies. Rogers considers this location and design ideal to provide superior coverage levels and service to Rogers’ customers.
Municipal and Public Notification Rogers has a strong history of consultation with municipalities and understands the importance of land-use protocols and transparency in consultation. As the provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings, wireless communication facilities are not required to obtain municipal permits. However, Section 4.1 of the CPC, states that the concerns and suggestions expressed by land-use authorities are important elements to be considered by proponents when installing or modifying antenna systems. ISED requires that consultation be undertaken with the appropriate land-use authorities to ensure those authorities are aware of significant structures within their boundaries and so that local land-use issues can be raised, while respecting the federal government’s jurisdiction in the siting and operation of wireless voice and data systems. The Township of South Frontenac has not developed its own protocol for establishing telecommunication facilities in the Township. Therefore, in this instance Rogers will be following ISED’s default protocol. 6
Page 108 of 183 The protocol outlines the land-use consultation process relevant to evaluating wireless communication installation proposals. In accordance with this policy, proponents must provide a notification package to the local public within a radius of three times the height of the tower, or 210m in this instance. A notice will also be provided to the Township of South Frontenac and the ISED regional office. Concurrent to the mailing of a Public Consultation package, Rogers will also place a notice in the November 4th, 2021 edition of The Frontenac News. Federal Requirements In addition to the requirements for consultation with municipal authorities and the public, Rogers must also fulfill other important obligations including the following: Canadian Environmental Assessment Act ISED requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation. This includes the Canadian Environmental Assessment Act, 2012 (CEAA 2012), where the antenna system is incidental to a physical activity or project designated under CEAA 2012, or is located on federal lands. Rogers attests that the radio antenna system as proposed for this site is not located within federal lands or forms part of or incidental to projects that are designated by the Regulations Designating Physical Activities or otherwise designated by the Minister of the Environment as requiring an environmental assessment. In accordance with the Canadian Environmental Assessment Act, 2012, this installation is excluded from assessment. For additional detailed information, please consult the Canadian Environmental Assessment Act)2.
Transport Canada’s Aeronautical Obstruction Marking Requirements Aerodrome safety is under the exclusive jurisdiction of NAV Canada and Transport Canada. An important obligation of Rogers’ installations is to comply with Transport Canada / NAV CANADA aeronautical safety requirements. Transport Canada will perform an assessment of the proposal with respect to the potential hazard to air navigation and notify Rogers of any painting and/or lighting requirements for the antenna system. Rogers will submit the appropriate applications and expects lighting to be required for this site. Rogers Communications Inc. attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. For additional detailed information, please consult Transport Canada3.
2
http://laws-lois.justice.gc.ca/eng/acts/C-15.21/
3
http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-standards-standard621-3808.htm
7
Page 109 of 183
Health Canada’s Safety Code 6 Compliance Health Canada is responsible for research and investigation to determine and promulgate the health protection limits for Exposure to the RF electromagnetic energy. Accordingly, Health Canada has developed a guideline entitled “Limits of Human Exposure to Radiofrequency Electromagnetic Field in the Frequency Range from 3kHz to 300 GHz – Safety Code 6”. The exposure limits specified in Safety Code 6 were established from the results of hundreds of studies over the past several decades where the effects of RF energy on biological organisms were examined. Radiocommunication, including technical aspects related to broadcasting, is under responsibility of the Ministry of Industry (Innovation, Science and Economic Development Canada), which has the power to establish standards, rules, policies and procedures. ISED, under this authority, has adopted Safety Code 6 for the protection of the general public. As such, ISED requires all proponents and operators to ensure that their installations and apparatus comply with the Safety Code 6 at all times. Rogers Communications Inc. attests that the radio antenna system described in this notification package will at all times comply with Health Canada’s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier co-locations and nearby installations within the local radio environment. More information in the area of RF exposure and health is available on the Health Canada’s website under Environmental and Workplace Health4 and Safety Code Health Canada’s Radiofrequency Exposure Guidelines5.
Engineering Practices Rogers attests that the radio antenna system as proposed for this site will be constructed in compliance with the National Building Code and The Canadian Standard Association and comply with good engineering practices including structural adequacy.
http://www.hc-sc.gc.ca/ewh- semt/radiation/cons/stations/index-eng.php\
4
5
Page 110 of 183 Innovation, Science and Economic Development Canada’s Spectrum Management (ISED) Please be advised that the approval of this site and its design is under the exclusive jurisdiction of the Government of Canada through ISED. For more information on ISED’s public consultation guidelines including CPC-2-0-036 contact your local ISED office at spectrumenod-spectredeno@ised-isde.gc.ca or at the below noted address: Innovation, Science and Economic Development Canada Spectrum Management Eastern Ontario District Office 2 Queen Street East, Sault Ste. Marie, ON, P6A 1Y3 Telephone: 1-855-465-6307 Fax: 705-941-4607 Email: spectrumenod-spectredeno@ised-isde.gc.ca Web: http://www.ic.gc.ca/eic/site/smt-gst.nsf/fra/h_sf01702.html General information relating to antenna systems is available on ISED’s Spectrum Management and Telecommunications website7. Public consultation obligations Rogers Communications Inc. is committed to effective public consultation. The public will be invited to provide comments to Rogers about this proposal by mail, electronic mail or phone. ISED’s rules contain requirements for timely response to all questions, comments or concerns. We will acknowledge receipt of all communication within 14 days and will provide a formal response to the Township and those members of the public who communicate to Rogers, within 60 days. The members of the public who communicated with Rogers will then have 21 days to review and reply to Rogers as a final response. Proponent’s Contact Information - Rogers Communications Inc. Christian Lee Wireless Site Specialist Eric Belchamber & Associates 337 Autumnfield St., Kanata, ON, K2M 0J6 Telephone: (613) 799-9900 Email: christian.lee@rogers.com
6
http://www.ic.gc.ca/epic/site/smt- gst.nsf/en/sf08777e.html
7
http://www.ic.gc.ca/epic/site/smt-gst.nsf/en/home
9
Page 111 of 183
Conclusion Reliable wireless communication services are a key element of economic development across Canada. It facilitates the growth of local economies by providing easy access to information, and connectivity for residents and businesses alike. The infrastructure proposed is suitable for the development over the long term and protects public health and safety and is a powerful economic enabler. In response to this growing demand for wireless services, Rogers has worked to find the most suitable location for a new telecommunications structure in efforts to provide improved wireless services in the area to its residents, businesses and the traveling public. In addition to meeting consumer needs, technological upgrades are also critical to ensuring the accessibility of emergency services such as fire, police and ambulance. Wireless communications products and services, used daily by police, EMS, firefighters and other first responders, are an integral part of Canada’s safety infrastructure. Rogers feels that the proposed site is well located to provide improved wireless voice and data services in the targeted area. The proposed location is also situated and designed to have minimal impact on surrounding land uses. Rogers looks forward to working with the Township of South Frontenac to provide improved wireless services to the community. Should you have any further questions or comments, please feel free to contact me via email at christian.lee@rogers.com, or via phone at (613) 799-9900. Sincerely,
Christian Lee Wireless Site Specialist Eric Belchamber & Associates 337 Autumnfield St. Kanata, ON, K2M 0J6 (613) 799-9900 christian.lee@rogers.com
10
Page 112 of 183
APPENDIX 1 Public Consultation Package *Attached separately
11
Page 113 of 183
APPENDIX 2
Rogers
Site Survey
12
Page 114 of 183
APPENDIX 3 Photo Simulations Package
13
Page 115 of 183
14
Page 116 of 183
December 10th, 2021 The Township of South Frontenac 4432 George St. Box 100 Sydenham ON, K0H 2T0 Tel: (613) 376-3027 Attention: Emily Caird, Executive Assistant & Communications Officer Dear Ms. Caird, Re:
Proposed Wireless Communication Site: C8689 Dewitt Rd. & Timmermans Island
On behalf of Rogers Communication Inc. (“Rogers”), I would like to submit for your review and consideration a summary of the municipal and public consultation process for the purpose of issuing a statement of concurrence concerning a proposed wireless communication site to be located east of Burns Rd., near Karns Ln. Project Description & Proposed Location Rogers is constantly improving and expanding its infrastructure to meet the ever-growing demand for high-quality reliable wireless voice and data services. The proposed site is needed to improve our wireless voice and data services in the community. The proposed wireless communication installation consists of a 91.5m guyed communication tower and a walk-in equipment cabinet located within an enclosed compound. Municipal & Public Consultation Process Rogers is regulated and licensed by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada) to provide inter-provincial wireless voice and data services. As a federal undertaking, Rogers is required by ISED to consult with land-use authorities in siting tower locations. The consultation process established under ISED’s authority is intended to allow the local land-use authorities the opportunity to address land-use concerns while respecting the federal government’s exclusive jurisdiction in the siting and operation of wireless and data systems. The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. Rogers is, however, required to follow established and documented wireless protocols or processes set forth by land-use authorities. Rogers submitted an Application for an Antenna System to the Township of South Frontenac via email on October 15th, 2021 for a wireless communications installation to be located east of Burns Rd., near Karns Ln.
8200 Dixie Rd., Brampton, ON, L6T 0C1
Page 117 of 183
2
The Township of South Frontenac has not developed a protocol relevant for establishing telecommunication facilities in the Township and as a result, Rogers is following Innovation, Science and Economic Development (ISED) Canada’s CPC-2-0-03 Default Protocol as it pertains to the public notification and consultation required for communication towers. Rogers provided the attached Public Notification Package to the ten property owners within the required 274.5m radius of the proposed installation. The notice was issued by regular mail on November 1st, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before December 4th, 2021. A newspaper ad was also published in the November 4th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Comments in support of the proposed tower were received from a significant number of property owners in the area. Feedback from the Greater Bob’s Lake & Crow Lake Association Facebook group was very positive. From the Association: “The response was overwhelming positive - with about 200 responses. There was only a handful of negative responses mostly from us located near the Burns Rd site”. There were also comments submitted by the public suggesting that Rogers install multiple shorter towers in the area concealed as pine trees (commonly known as “monopines”). These comments were received shortly after the Greater Bob’s Lake/Crow Lake Association sent a notification to their 275 members, as well as their 4000 member Facebook group, suggesting that property owners “encourage discussion” with the Township & Rogers about this multiple “monopine” approach. A copy of the Lake Association’s letter is attached within the correspondence summary of the Association Director, Bill St. Arnaud (whose property is located near the proposed tower). The cost and technical limitations of these towers are such that they’re simply neither practical nor possible in this instance, which was made clear to Mr. St. Arnaud before this letter was sent to Association members. Rogers has now fulfilled all circulation requirements under ISED’s Default Protocol as they pertain to the proposed new communication site to be located east of Burns Rd., near Karns Ln. Rogers has followed all the necessary steps in accordance with the Default Protocol’s guidelines by: • • • •
consulting with the municipality; advising the public of our proposal; addressing all reasonable and relevant concerns pertaining to our proposal; and keeping and producing all associated communications to Industry Canada and the municipality.
3
Page 118 of 183
Conclusion Rogers takes concerns or suggestions expressed by the public as important elements to our proposal. As a result of the consultation process, a significant number comments supporting the proposed tower were received from the public as this area is currently experiencing very poor cell service. There were also suggestions from the public that shorter towers be considered, with the potential of concealing the cell tower as a monopine. These suggestions are unfortunately neither technically nor financially feasible as the volume of towers required to provide the same coverage are excessive. Rogers feels that the proposed site is well located to provide improved wireless voice and data services in the targeted area. The proposed site is also situated and designed so as to have minimal impact on surrounding land uses. Request for Concurrence Rogers has now fulfilled all the requirements under ISED’s Default Protocol as they pertain to the proposed new telecommunications site east of Burns Rd., near Karns Ln. In order to conclude this land-use consultation and meet ISED’s requirements, Rogers Communications Inc. respectfully requests that our proposal be considered complete and that the Township of South Frontenac move forward with the assessment of the process Rogers has undertaken to date. Rogers also requests that the Township of South Frontenac issue a formal Letter of Concurrence to Rogers with a copy to ISED in order to permit Rogers to move forward with the installation of the proposed wireless communication site.
Yours Truly,
Christian Lee, Site Acquisition Specialist On behalf of Rogers Communications Inc., Network Implementation (613) 799-9900
Page 119 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Subject:
Rogers Telecommunications Tower Proposal Project C8681 – Devil Lake Road at Little Wolfe Lake
Summary Rogers Communication is proposing a new 91.5m guyed telecommunications tower near Westport Road and White Lake, on a property known as 1352 Devil Lake Road, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township supports this proposal.
Recommendation THAT the Township of South Frontenac concur with the proposal by Rogers Communications Canada Inc. to erect a wireless communication installation on lands known as 13452 Devil Lake Road, Part Lot 12-13, Concession 11, Bedford District, South Frontenac (PIN 36247-0152); and, THAT the proposal is compliant, with the requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”, and all obligations for the municipal and public consultation requirements have been met; and, THAT staff send a statement of concurrence to Rogers Communication Inc. and Innovation, Science and Economic Development Canada.
Background Rogers Communication Inc. (Rogers) is proposing a new 91.5m guyed tower telecommunications facility and an ancillary equipment structure surrounded by chainlink fencing, near the intersection of Westport Road (S Frontenac Road 8) and White Road/Youngs Lane. The site location is proposed on the north side of Westport Road. The closest tower is approximately 10.3km from the proposed location. This new tower will provide improved coverage for local residents and the traveling public. The design of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 120 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8631) – Devil Lake Rd at Little Wolfe Lake
tower is a 91.5m guyed tower which will have ample space for future co-location opportunities. Rogers Communication provided the Township with a Site Selection and Justification Report (attachment 1) and a Consultation Summary report (attachment 2). Cell tower licences are approved by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada). The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. However, as part of the approval process, a proponent is required to obtain a letter of concurrence from the municipality in which a telecommunications tower is to be located. A municipality may issue a Statement of Concurrence supporting the proposal; a Conditional Letter of Concurrence indicating support for the proposal if certain conditions are met, or a Letter of Non-concurrence if it does not support the proposal.
Discussion/Analysis Rogers requires a resolution from the Township indicating support of its application and a statement of concurrence with the application as part of the Industry Canada (IESD) approval process of issuing a licence for the communication towers. If they do not receive the resolution and letter, Rogers can petition Industry Canada for a decision. Throughout the Official Plan consultations in 2019 - 2021 – there has been strong public support for increased internet and cellular services in the Township – and this demand has only been strengthened during the COVID pandemic with a growing number of residents working from home and the need for business to provide their goods and services online. Increased cellular coverage also improves safety and connectivity for residents and visitors to the Township and assists staff in delivering modern and efficient services throughout the Township. While the Township is not the approval authority for telecommunication towers, it does have an important role in indicating to IESD whether or not it supports the Tower proposal.
Financial Implications None. This project will be undertaken by Rogers Communication at no expense to the Township.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 4. Be a catalyst for the creation of vibrant, complete communities. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 121 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8631) – Devil Lake Rd at Little Wolfe Lake
•
Action Item (if applicable): N/A
Notice/Consultation If a municipality does not have its own public consultation policy for cell towers, the IESD consultation process is used. South Frontenac Township does not have a Local Protocol for cell tower siting. Rogers provided a Public Notification Package to the five property owners within the required 348 metre radius of the proposed installation. The notice was issued by regular mail on December 13, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before January 16th, 2022. A newspaper ad was also published in the December 16th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Rogers and the Township did not receive any public comments on this project. South Frontenac Staff The following internal stakeholders were consulted in the development of this report:
Troy Dunlop, Manager of Technical Services and Infrastructure, Public Services Tom Berriault, Chief Building Official Christine Woods, Senior Planner
Township staff are supportive of the project as it will improve telecommunications coverage in the area and assists with EORN’s goal of increasing of bringing critical communication services to Eastern Ontario. This location was selected through a joint effort between Rogers and the EORN project planning group. Staff are satisfied that Rogers Communication Inc. has complied with the consultation requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”.
Attachments
- Site Selection and Justification Report – Rogers Communication
- Consultation Summary Report - Rogers Communication
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 122 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8631) – Devil Lake Rd at Little Wolfe Lake
Approvals Submitted By:
Claire Dodds, Director of Development Services, MCIP, RPP Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 123 of 183
January 18, 2022 The Township of South Frontenac Box 100, 4432 George St., Sydenham, On K0H 2T0 Attn: Claire Dodds, Director of Development Services 613-376-3027 x2225 cdodds@southfrontenac.net CC: Neil Carbone, CAO ncarbone@southfrontenac.net
Re: Proposed Telecommunications Tower; Rogers EORN Site C8691 - Devil Lake Rd @ Little Wolfe Lake
REQUEST FOR STATEMENT OF LAND USE AUTHORITY CONCURRENCE Dear Claire, On behalf of Rogers Communications Canada Inc. (“Rogers”), I would like to submit a request for Statement of Concurrence concerning the proposed wireless communication installation located 1352 Devil Lake Road, Westport ON K0G 1X0; PIN: 36247-0152 (LT). I have herewith included for your consideration, a summary of the municipal and public consultation process.
Municipal & Public Consultation Process Summary Protocol: We confirmed that you do not have a locally enacted land use protocol for towers, and we are therefore required to comply with the procedures described in ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”. One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising the mandate to deploy necessary infrastructure.
Public Notification: Under CPC Section 4.2.1.1 and 4.2.1.2, we were to provide formal notice allowing 30 days for comments to any property owners within three times the tower height (91.5m X 3 + tower width adjustment = 348m). We asked that you assist with contact/mailing addresses for the property PINs that we identified in the notification radius, and there were five (5) unique addresses provided. Under CPC Section 4.2.4, synchronized notice was placed in the Frontenac News on December 16, 2021, in accordance with the criteria established therein. A copy of the Public Notice advertisement is attached to this report.
Page 124 of 183
Rogers EORN Site C8691 - Devil Lake Rd @ Little Wolfe Lake Public Response: Under Section 4.2.2, we are to respond to all reasonable and relevant concerns raised during the 30-day notification period of Section 4.2. What is considered reasonable or relevant (or not) is specifically defined under the section entitled “Public Reply Comments”. The 30-day notice period concluded on January 18th, 2022. •
The Municipality has not advised us that they have received any comments or concerns which we are to address.
•
We (“Rogers”) received no comments or concerns from the public.
Municipal Consultation: Our consultation with the municipality included the following: •
Pre-consultation to discuss protocol and land use particulars
•
Follow-up consultation by phone and email
•
Submission of a formal Municipal Introduction Package for review
•
Discussion about the proposed property and installation
•
Submission of a draft Public Consultation Package and Site Plan for review
•
Request for assistance with properties in the Public Notification Radius
•
Submission of the draft Public Notice Ad for review, and request for the Township’s choice of newspaper
•
Submission of the final Public Consultation Package
•
Request to identify any other municipal requirements
•
Request for Municipal Concurrence o
All of our activity fell within the CPC objective of concluding consultation within 120 days.
Other Municipal Considerations: As we are regulated under federal policy, provincial legislation such as the Ontario Building Code Act and the Planning Act including zoning by-laws and site plan control do not apply to these facilities. Our installation is not required to submit application for a building permit. We also asked you to outline formally any other local requirements, and there were none.
Concluding Land Use Authority Consultation: Under CPC Section 4.3, we have satisfactorily met the consultation requirements. Rogers feels that the proposed site is well situated to provide and improve wireless voice and data services in the targeted area. The proposed site has been situated and designed to have minimal impact on surrounding land uses.
January 19, 2022
Request for Concurrence
Page 125 of 183
Rogers EORN Site C8691 - Devil Lake Rd @ Little Wolfe Lake At this time, we respectfully request the formal Statement of Concurrence, executed by Council. Attached is a draft copy of a specimen form “SOC Council” which you may modify and complete to simplify your process. A copy of this Statement of Concurrence will be sent to ISED Canada, as they require this to confirm our compliance with the ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems” prior to moving forward with the installation of the proposed wireless telecommunications facility.
On behalf of Rogers, we look forward to providing better wireless communication service to this area. We thank you for your attention to this request and should you have any questions or need further information, please do not hesitate to contact our office.
Yours Truly,
Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Canada Inc. Cell: (519) 566-9267 eMail: j_mckay@rogers.com
JJM/rs Cc: Innovation, Science and Economic Development Canada (ISED) Dan & Jill Enrico (Landlord)
January 19, 2022
Request for Concurrence
Page 126 of 183
C8691 - Devil Lake Rd @ Little Wolfe Lake Site Selection/Justification Report – Wireless Communications Site Prepared for: Township of South Frontenac Neil Carbone, CAO – ncarbone@southfrontenac.net Claire Dodds, Director of Development Services – cdodds@southfrontenac.net Proposed: 91.5m Guyed Tower Coordinates: 44.607896°, -76.461688° PIN: 36247-0152 (LT) ARN: 102901001020825
Rogers Communications Inc. | 8200 Dixie Road | Brampton ON L6T 0C1 Jeff McKay | Municipal Relations | 519-566-9267 | j_mckay@rogers.com
Page 127 of 183
Contents Introduction …………………………………………………………………………………………………………………… 3 Background and Coverage Requirement………………………………………………………………………….. 3 Rationale for New Telecommunication Infrastructure ……………………………………………………….. 3 Coverage Objectives ………………………………………………………………………………………………………. 4 Candidate Search Area …………………………………………………………………………………………………………….. 4 Co-location opportunities on existing area carrier structures ………………………………………………………………………. 5 Evaluation of Other Local Existing Structures / Rooftops …………………………………………………………………………….. 5 Consideration of municipal surplus properties …………………………………………………………………………………………… 6 Aeronautical Issues ………………………………………………………………………………………………………………………………… 6 Private Candidate Review Process ………………………………………………………………………………….. 6 Proposed Facility Location and Site Sketch …………………………………………………………………………………. 7 Residential Use Setback Map ……………………………………………………………………………………………………. 8 Compliance with Zoning Intent …………………………………………………………………………………………………… 9 Local Properties in Notification Radius (5 properties identified) ……………………………………………………… 10 Description of Proposed Tower: ……………………………………………………………………………………………….. 11 Protocol ……………………………………………………………………………………………………………………….. 12 Other Municipal Considerations ………………………………………………………………………………………………….. 12 Additional Public Consultation Obligations ……………………………………………………………………. 12 Federal Requirement: Attestations ………………………………………………………………………………… 13 Canadian Environmental Assessment Act ……………………………………………………………………………………….. 13 Transport Canada’s Aeronautical Obstruction Marking Requirements ……………………………………………………. 13 Engineering Practices: ………………………………………………………………………………………………………………. 13 Health Canada’s Safety Code 6 Compliance ……………………………………………………………………………………. 13 Proponent Contact Information ……………………………………………………………………………………… 14 Conclusion …………………………………………………………………………………………………………………… 15
2
Page 128 of 183 Introduction Like all areas of the province, your community is experiencing explosive demand for wireless services. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. This document outlines the site selection process in accordance with the requirements of Innovation, Science and Economic Development Canada’s (ISED) Spectrum Management and Telecommunications Policy, CPC-2-0-03, Issue 5 (CPC) updated Jul. 15, 2014 and provides a description of the system associated with the proposed wireless communication installation on property owned by ENRICO, JILL SUSAN; ENRICO, DANIEL, known municipally as: 1352 Devil Lake Road, Westport ON K0G 1X0 PIN: 36247-0152 (LT) ARN: 102901001020825 Legal Description: PT LT 12-13 CON 11 BEDFORD PT 1, 2 & 3, 13R16105, EXCEPT PT 1, 2 & 3, 13R16381 T/W & S/T FR711658; SOUTH FRONTENAC The prosperity of Canadians depends on telecommunications services to do their jobs, conduct business, learn new skills and build communities. These services play an important role in the lives of all Canadians, enabling them to participate in today’s digital economy and to access health care, education, government, and public safety services. As a Tier 1 Carrier, Rogers’ federal mandate is to fill coverage gaps such that all residents have access to wireless high speed broadband services. Background and Coverage Requirement A wireless telecommunications facility is a puzzle piece in a very complex radio network, whether that site is situated in an urban, suburban or rural setting. Customer demand and sound engineering principles direct where sites are required to be located. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. For a wireless network to be reliable, an operator must provide “seamless” coverage so that gaps in the network are avoided. Gaps create dropped calls and overall poor service to customers. Rogers is committed and mandated by its license to ensure the best coverage and service to the public and private sectors. The proposed site at the above-noted location will achieve the necessary engineering coverage objectives for our network. The location will also have the ability to provide much relied upon communication services in the area such as EMS Response, Police and Fire; improved wireless signal quality for area residents, those traveling along the major roads, as well as providing local subscribers with Rogers’s 4G/5G wireless network coverage and capacity for products and services such as iPhones, smartphones, tablets and wireless internet through surrounding area. Rationale for New Telecommunication Infrastructure In identifying a potential new tower location and design, Rogers examined the surrounding area, assessed the visibility of the structure and considered possible host sitings. Rogers evaluated the best location for a new facility in compliance with protocol-established procedures, based on the following criteria:
3
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 129 of 183 Coverage Objectives
Candidate Search Area
Search Area
4
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 130 of 183 Candidate Search Process Before building a new antenna-supporting structure the proponent is required to first consider: • Sharing an existing antenna system, modifying or replacing a structure, if necessary. • Locate, analyze, and attempt to use any feasible existing infrastructure such as high-rise rooftops, water towers, etc.
Co-location opportunities on existing area carrier structures o
The following local coverage map depicts the local tower inventory of all carriers within a 10km radius of the Search Centre.
There are no existing antenna structures in the area which may be utilized for co-location within two kilometers of the proposed site and a new structure must be erected to address the coverage deficiency.
Evaluation of Other Local Existing Structures / Rooftops After disqualifying any colocation opportunities, the proponent next evaluates existing structures that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. Existing Structure Notes: During the site selection process for this proposed, Rogers determined that no other existing infrastructure opportunity was available in our target area that was suitable for our network.
5
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 131 of 183 Consideration of municipal surplus properties Within the Proponent search area, the Proponent sought to identify any surplus municipal properties that may have been satisfactory to meet the coverage objectives. No suitable municipal properties were found Suitable municipal properties were identified:
Aeronautical Issues The proposed site is 8.13km southwest of the Westport/Rideau Lakes Airport. Accordingly, it is well outside of any airport zoning or safety restrictions.
Private Candidate Review Process Having identified an initial, qualified candidate from the preceding exercise, secondary candidates are then evaluated. Private candidates are reviewed starting with the center of the search area and moving out in a radial pattern until a large enough commercial, industrial or agricultural property option was available that could mitigate public concern to the greatest extent possible within the technical coverage limitations. The following picture depicts the available real estate opportunities which were assessed for candidate suitability and technical sufficiency to meet the Proponent’s coverage requirements. There are extremely limited property options with the footprint required to support a guyed tower in this area. Each of the private candidate sites were disqualified/qualified for the following reasons: 1. ENRICO, JILL & DANIEL – Candidate mitigates total residential uses to the extent possible, RF/TX and Civil Qualified; Selected candidate 2. NICHOLSON, GAVIN RICHARD – Failed to mitigate total residential uses to the extent possible, too far from search area to satisfy RF requirements.
6
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 132 of 183 Proposed Facility Location and Site Sketch Representative Photo
7
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 133 of 183 Coverage Map The coverage map below depicts the general “4G/5G Good Coverage Radius” for the selected candidate, together with other local neighbouring carrier facilities. Current Bell / Rogers Coverage
Rogers Planned Coverage
Residential Use Setback Map
The closest residential use zone, labelled RSLW, is 709m away
8
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 134 of 183 Compliance with Zoning Intent AGRICULTURAL ZONE RURAL ZONE WATERFRONT RESIDENTIAL ZONE LIMITED SERVICE RESIDENTIAL ZONE LIMITED SERVICE RESIDENTIAL WATERFRONT ZONE LIMITED SERVICE RESIDENTIAL ISLAND ZONE RECREATIONAL RESORT COMMERCIAL ZONE PIT “B” ZONE
A RU RW RLS RLSW RLSI RRC PB
Although federal undertakings are exempt from the application of zoning bylaws, sitings consider the intent of locating on non-residential properties with optimal setbacks from residential use. This siting is located on RU zoned land and abutted on all sides by RU zoned properties. The site candidate fully complies in all respects with good siting design tenets and guidelines, and in particular, all optimum design criteria of the CPC.
9
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 135 of 183 Local Properties in Notification Radius (5 properties identified)
Notification Radius
There are five (5) private-owned properties that fall within the stipulated notification radius. Accordingly, direct (mailing) notice of the proposal is required to be circulated to property owners, as it is in the federally defined (CPC) impact radius.
The facility is not located within 3x tower height from a neighbouring municipality. Accordingly, notice of the proposal is not required to be circulated to additional LUAs.
10
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 136 of 183 Description of Proposed Tower: Specifics: 91.5m Guyed Tower enclosed in a 15m x 15m (fenced) secured Compound. This site will be built to accommodate antennas and equipment for future technology services and provide for colocation with other carriers.
.
11
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 137 of 183 Protocol The Township of South Frontenac does not have a locally enacted protocol which adapts ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems” to address issues in the local environment. Accordingly, the Proponent is required to follow the terms of the default federal CPC in addressing general and specific requirements. One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising the mandate to deploy necessary infrastructure. CPC Protocol i5: https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html The policy outlines the land use consultation process relevant to evaluating federally mandated wireless communication installations. In accordance with the CPC, proponents must provide a notification package to the local public (including nearby residences, community gathering areas, public institutions, schools, etc.), neighbouring land-use authorities, businesses, and property owners, etc. located within a radius of 3-times tower height from the outermost limit of the tower structure. In this case, there are five (5) other public properties outside of the beneficial ownership of the Landlord that fall within the 3x tower height radius, requiring direct notice.
Other Municipal Considerations As we are regulated under federal policy, provincial legislation such as the Ontario Building Code and the Planning Act including zoning by-laws and site plan control do not apply to these facilities.
Additional Public Consultation Obligations Pursuant to CPC section 4.2, since the tower exceeds 30m in height, the Proponent is required to place a Public Notice in the local community newspaper, inviting comments about this proposal from the public, and participation in the stipulated Public Comment and Reply process.
12
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 138 of 183
Federal Requirement: Attestations In addition to the requirements for consultation with municipal authorities and the public, Rogers must also fulfill other important obligations including the following:
Canadian Environmental Assessment Act ISED requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation. This includes the Canadian Environmental Assessment Act, 2012 (CEAA 2012), where the antenna system is incidental to a physical activity or project designated under CEAA 2012 or is located on federal lands. • Rogers Communications Inc. attests that the radio antenna system as proposed for this site is not located within federal lands or forms part of or incidental to projects that are designated by the Regulations Designating Physical Activities or otherwise designated by the Minister of the Environment as requiring an environmental assessment. In accordance with the Canadian Environmental Assessment Act, 2012, this installation is excluded from assessment. For additional detailed information, please consult the Canadian Environmental Assessment Act) http://laws-lois.justice.gc.ca/eng/acts/c-15.21/
Transport Canada’s Aeronautical Obstruction Marking Requirements Aerodrome safety is under the exclusive jurisdiction of NAV Canada and Transport Canada. An important obligation of Rogers’ installations is to comply with Transport Canada / NAV CANADA aeronautical safety requirements. Transport Canada will assess the proposal with respect to potential hazards to air navigation and notify Rogers of any painting and/or lighting requirements for the antenna system. • Rogers Communications Inc. attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. For additional detailed information, please consult Transport Canada. http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-standards-standard621-3808.htm
Engineering Practices: • Rogers Communications Inc. attests that the radio antenna system as proposed for this site will be constructed in compliance with the National Building Code and The Canadian Standard Association and comply with good engineering practices including structural adequacy.
Health Canada’s Safety Code 6 Compliance Health Canada is responsible for research and investigation to determine and promulgate the health protection limits for Exposure to the RF electromagnetic energy. Accordingly, Health Canada has developed a guideline entitled “Limits of Human Exposure to Radiofrequency Electromagnetic Field in the Frequency Range from 3kHz to 300 GHz – Safety Code 6”. The exposure limits specified in Safety Code 6 were established from the results of hundreds of studies over the past several decades where the effects of RF energy on biological organisms were examined. Radiocommunication, including technical aspects related to broadcasting, is under responsibility of the Ministry of Industry (Innovation, Science and Economic Development Canada), which has the power to establish standards, rules, policies and procedures. ISED, under this authority, has adopted Safety Code 6 for the protection of the general public. As such, ISED requires that all proponents and operators ensure that their installations and apparatus comply with the Safety Code 6 at all times.
13
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 139 of 183 • Rogers Communications Inc. attests that the radio antenna system described in this notification package will at all times comply with Health Canada’s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier co-locations and nearby installations within the local radio environment.
This figure shows the Canadian limits that incorporate a safety margin of at least 50-fold from the threshold for possible adverse health effects:
More information in the area of RF exposure and health is available on the Health Canada’s website under Health Canada’s Radiofrequency Exposure Guidelines. https://www.canada.ca/en/health-canada/services/environmental-workplace-health/reports-publications/radiation/safety-code-6health-canada-radiofrequency-exposure-guidelines-environmental-workplace-health-health-canada.html https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11467.html
Proponent Contact Information Rogers Communications Inc. c/o Simpson-McKay Inc. 12317 Funaro Crescent, Tecumseh ON N9K1B2 Attn: Jeff McKay, Site Acquisition Specialist (519) 566-9267 j_mckay@rogers.com
14
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 140 of 183 Conclusion Reliable wireless communication services are a key enabler of economic and social development across Canada. They facilitate the growth of local economies by providing easy access to information, and connectivity for residents and business alike. The infrastructure proposed is suitable for the development over the long term and protects public health and safety. In response to this growing demand for wireless services, Rogers has worked to find the most suitable location for a new telecommunications structure in our efforts to provide improved wireless services to residents, businesses and the traveling public. In addition to meeting consumer needs, technological upgrades are also critical to ensuring the accessibility of emergency services such as fire, police and ambulance. Wireless communications products and services used daily by police, EMS, firefighters and other first responders, are an integral part of Canada’s safety infrastructure. Rogers feels that the proposed site is well situated to provide improved wireless voice and data services in the targeted area and designed to have minimal impact on surrounding land uses and meets the intent of the governing protocol.
Rogers looks forward to working with the Township to provide improved wireless services to the community. Should you have any further questions or comments, please feel free to contact me via email at j_mckay@rogers.com, or via phone at (519) 566-9267. Yours truly,
Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Inc. Cell: (519) 566-9267 eMail: j_mckay@rogers.com
15
C8691 - Devil Lake Rd @ Little Wolfe Lake
Page 141 of 183
To: Council Prepared by: Development Services Department Date of Meeting: February 1, 2022 Rogers Telecommunications Tower Proposal Subject: Project C8721 – S Frontenac Road 8 (Westport Road) & White Lake Road
Summary Rogers Communication is proposing a new 91.5m guyed telecommunications tower near Westport Road and White Lake, on a property known as 1985 A/B Westport Road, Bedford District. Rogers is requesting the Township pass a resolution concurring with the proposal to locate the telecommunications tower on this property and send a letter to Innovation, Science and Economic Development Canada (formerly Industry Canada) indicating whether the Township supports this proposal.
Recommendation THAT the Township of South Frontenac concur with the proposal by Rogers Communications Canada Inc. to erect a wireless communication installation on lands known as 1985A/B Westport Road, Parts of Lot 11& 12, Concession 3, Bedford District, South Frontenac (PIN 36243-0185); and, THAT that the proposal is compliant, with the requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”, and all obligations for the municipal and public consultation requirements have been met; and, THAT staff send a statement of concurrence to Rogers Communication Inc. and Innovation, Science and Economic Development Canada.
Background Rogers Communication Inc. (Rogers) is proposing a new 91.5m guyed tower telecommunications facility and an ancillary equipment structure surrounded by chainlink fencing, near the intersection of Westport Road (S Frontenac Road 8) and White Road/Youngs Lane. The site location is proposed on the north side of Westport Road.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 142 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8721) – S Frontenac Rd 8 & White Road
The closest tower is approximately 10.3km from the proposed location. This new tower will provide improved coverage for local residents and the traveling public. The design of the tower is a 91.5m guyed tower which will have ample space for future co-location opportunities. Rogers Communication provided the Township with a Site Selection and Justification Report (attachment 1) and a Consultation Summary report (attachment 2). Cell tower licences are approved by Innovation, Science and Economic Development Canada (ISED, formerly Industry Canada). The provisions of the Ontario Planning Act and other municipal by-laws and regulations do not apply to federal undertakings. However, as part of the approval process, a proponent is required to obtain a letter of concurrence from the municipality in which a telecommunications tower is to be located. A municipality may issue a Statement of Concurrence supporting the proposal; a Conditional Letter of Concurrence indicating support for the proposal if certain conditions are met, or a Letter of Non-concurrence if it does not support the proposal.
Discussion/Analysis Rogers requires a resolution from the Township indicating support of its application and a statement of concurrence with the application as part of the Industry Canada (IESD) approval process of issuing a licence for the communication towers. If they do not receive the resolution and letter, Rogers can petition Industry Canada for a decision. Throughout the Official Plan consultations in 2019 - 2021 – there has been strong public support for increased internet and cellular services in the Township – and this demand has only been strengthened during the COVID pandemic with a growing number of residents working from home and the need for business to provide their goods and services online. Increased cellular coverage also improves safety and connectivity for residents and visitors to the Township and assists staff in delivering modern and efficient services throughout the Township. While the Township is not the approval authority for telecommunication towers, it does have an important role in indicating to IESD whether or not it supports the Tower proposal.
Financial Implications None. This project will be undertaken by Rogers Communication at no expense to the Township.
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 143 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8721) – S Frontenac Rd 8 & White Road
• •
Priority: 4. Be a catalyst for the creation of vibrant, complete communities. Action Item (if applicable): N/A
Notice/Consultation If a municipality does not have its own public consultation policy for cell towers, the IESD consultation process is used. South Frontenac Township does not have a Local Protocol for cell tower siting. Rogers provided a Public Notification Package to the five property owners within the required 348 metre radius of the proposed installation. The notice was issued by regular mail on December 13, 2021. The notice described the proposal and invited comments by mail, electronic mail, or phone before January 16th, 2022. A newspaper ad was also published in the December 16th, 2021 edition of The Frontenac News notifying the public of the proposal and inviting residents to provide comments within 30 days of the notice. Rogers and the Township did not receive any public comments on this project. South Frontenac Staff The following internal stakeholders were consulted in the development of this report:
Troy Dunlop, Manager of Technical Services and Infrastructure, Public Services Tom Berriault, Chief Building Official Christine Woods, Senior Planner
Township staff are supportive of the project as it will improve telecommunications coverage in the area and assists with EORN’s goal of increasing of bringing critical communication services to Eastern Ontario. This location was selected through a joint effort between Rogers and the EORN project planning group. Staff are satisfied that Rogers Communication Inc. has complied with the consultation requirements of ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”. It is noted that entrance permits may be required to be obtained from the Township for this project.
Attachments
- Site Selection and Justification Report – Rogers Communication
- Consultation Summary Report - Rogers Communication
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 144 of 183 Township of South Frontenac Staff Report – Rogers Communication Tower (C8721) – S Frontenac Rd 8 & White Road
Approvals Submitted By:
Claire Dodds, Director of Development Services, MCIP, RPP Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 145 of 183
December 20, 2021 The Township of South Frontenac Box 100, 4432 George St., Sydenham, On K0H 2T0 Attn: Claire Dodds, Director of Development Services 613-376-3027 x2225 cdodds@southfrontenac.net CC: Neil Carbone, CAO ncarbone@southfrontenac.net
Re: Proposed Telecommunications Tower; Rogers EORN Site C8721 - S Frontenac Rd 8 & White Road
REQUEST FOR STATEMENT OF LAND USE AUTHORITY CONCURRENCE Dear Claire, On behalf of Rogers Communications Canada Inc. (“Rogers”), I would like to submit a request for Statement of Concurrence concerning the proposed 91.5m Guyed telecommunications tower proposed to be constructed on the land known municipally as 1985 A/B Westport Rd. S., Frontenac ON; PIN 36243-0185 (LT). I have herewith included for your consideration, a summary of the municipal and public consultation process.
Municipal & Public Consultation Process Summary Protocol: We confirmed that you do not have a locally enacted land use protocol for towers, and we are therefore required to comply with the procedures described in ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems”. One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising the mandate to deploy necessary infrastructure.
Public Notification: Under CPC Section 4.2.1.1 and 4.2.1.2, we were to provide formal notice allowing 30 days for comments to any property owners within three times the tower height (91.5m X 3 + adjustment = 348m). We asked that you assist with contact/mailing addresses for the property PINs that we identified in the notification radius, and there were five (5) unique addresses provided. Under CPC Section 4.2.4, synchronized notice was placed in the Frontenac News on December 16, 2021 in accordance with the criteria established therein. A copy of the Public Notice advertisement is attached to this report.
Public Response: Under Section 4.2.2, we are to respond to all reasonable and relevant concerns raised during the 30-day notification period of
Page 146 of 183
Rogers EORN Site C8721 - S Frontenac Rd 8 & White Road Section 4.2. What is considered reasonable or relevant (or not) is specifically defined under the section entitled “Public Reply Comments”. The 30-day notice period concluded on January 18, 2022. •
The Municipality has not advised us that they have received any comments or concerns which we are to address.
•
We (“Rogers”) received no comments or concerns from the public.
Municipal Consultation: Our consultation with the municipality included the following: •
Pre-consultation to discuss protocol and land use particulars
•
Follow-up consultation by phone and email
•
Submission of a formal Municipal Introduction Package for review
•
Discussion about the proposed property and installation
•
Submission of a draft Public Consultation Package and Site Plan for review
•
Request for assistance with properties in the Public Notification Radius
•
Submission of the draft Public Notice Ad for review, and request for the Township’s choice of newspaper
•
Submission of the final Public Consultation Package
•
Request to identify any other municipal requirements
•
Request for Municipal Concurrence o
All of our activity fell within the CPC objective of concluding consultation within 120 days.
Other Municipal Considerations: As we are regulated under federal policy, provincial legislation such as the Ontario Building Code Act and the Planning Act including zoning by-laws and site plan control do not apply to these facilities. Our installation is not required to submit application for a building permit. We also asked you to outline formally any other local requirements, and there were none.
Concluding Land Use Authority Consultation: Under CPC Section 4.3, we have satisfactorily met the consultation requirements. Rogers feels that the proposed site is well situated to provide and improve wireless voice and data services in the targeted area. The proposed site has been situated and designed to have minimal impact on surrounding land uses.
January 19, 2022
Request for Concurrence
Page 147 of 183
Rogers EORN Site C8721 - S Frontenac Rd 8 & White Road At this time, we respectfully request the formal Statement of Concurrence, executed by Council. Attached is a draft copy of a specimen form “SOC Council” which you may modify and complete to simplify your process. A copy of this Statement of Concurrence will be sent to ISED Canada, as they require this to confirm our compliance with the ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems” prior to moving forward with the installation of the proposed wireless telecommunications facility. On behalf of Rogers, we look forward to providing better wireless communication service to this area. We thank you for your attention to this request and should you have any questions or need further information, please do not hesitate to contact our office.
Yours Truly,
Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Canada Inc. Cell: (519) 566-9267 eMail: j_mckay@rogers.com
JJM/rs Cc: Innovation, Science and Economic Development Canada (ISED) Glen McNichols (Landlord)
January 19, 2022
Request for Concurrence
Page 148 of 183
C8721 - S Frontenac Rd 8 & White Road Site Selection/Justification Report – Wireless Communications Site Prepared for: Township of South Frontenac Neil Carbone, CAO – ncarbone@southfrontenac.net Claire Dodds, Director of Development Services – cdodds@southfrontenac.net Proposed: 91.5m Guyed Tower Coordinates: 44.597847°, -76.600821° PIN: 36243-0185 (LT) ARN: 102902004017200
Rogers Communications Inc. | 8200 Dixie Road | Brampton ON L6T 0C1 Jeff McKay | Municipal Relations | 519-566-9267 | j_mckay@rogers.com
Page 149 of 183
Contents Introduction …………………………………………………………………………………………………………………… 3 Background and Coverage Requirement………………………………………………………………………….. 3 Rationale for New Telecommunication Infrastructure ……………………………………………………….. 3 Coverage Objectives ………………………………………………………………………………………………………. 4 Candidate Search Area …………………………………………………………………………………………………………….. 4 Co-location opportunities on existing area carrier structures ………………………………………………………………………. 5 Evaluation of Other Local Existing Structures / Rooftops …………………………………………………………………………….. 5 Consideration of municipal surplus properties …………………………………………………………………………………………… 6 Aeronautical Issues ………………………………………………………………………………………………………………………………… 6 Private Candidate Review Process ………………………………………………………………………………….. 6 Proposed Facility Location and Site Sketch …………………………………………………………………………………. 7 Residential Use Setback Map ……………………………………………………………………………………………………. 8 Compliance with Zoning Intent …………………………………………………………………………………………………… 9 Local Properties in Notification Radius (8 properties identified) ……………………………………………………… 10 Description of Proposed Tower: ……………………………………………………………………………………………….. 11 Protocol ……………………………………………………………………………………………………………………….. 12 Other Municipal Considerations ………………………………………………………………………………………………….. 12 Additional Public Consultation Obligations ……………………………………………………………………. 12 Federal Requirement: Attestations ………………………………………………………………………………… 13 Canadian Environmental Assessment Act ……………………………………………………………………………………….. 13 Transport Canada’s Aeronautical Obstruction Marking Requirements ……………………………………………………. 13 Engineering Practices: ………………………………………………………………………………………………………………. 13 Health Canada’s Safety Code 6 Compliance ……………………………………………………………………………………. 13 Proponent Contact Information ……………………………………………………………………………………… 14 Conclusion …………………………………………………………………………………………………………………… 15
2
Page 150 of 183 Introduction Like all areas of the province, your community is experiencing explosive demand for wireless services. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. This document outlines the site selection process in accordance with the requirements of Innovation, Science and Economic Development Canada’s (ISED) Spectrum Management and Telecommunications Policy, CPC-2-0-03, Issue 5 (CPC) updated Jul. 15, 2014 and provides a description of the system associated with the proposed wireless communication installation on property owned by MCNICHOLS, GLEN JOHN & PATRICIA ANN, known municipally as: Lot 11 Con 3, South Frontenac PIN: 36243-0185 (LT) ARN: 102902004017200 Legal Description: PT LT 11-12 CON 3 BEDFORD PT 1-5 13R7178 EXCEPT PT 1-3 FR609560; S/T FR700420; S/T FR689882; SOUTH FRONTENAC The prosperity of Canadians depends on telecommunications services to do their jobs, conduct business, learn new skills and build communities. These services play an important role in the lives of all Canadians, enabling them to participate in today’s digital economy and to access health care, education, government, and public safety services. As a Tier 1 Carrier, Rogers’ federal mandate is to fill coverage gaps such that all residents have access to wireless high speed broadband services. Background and Coverage Requirement A wireless telecommunications facility is a puzzle piece in a very complex radio network, whether that site is situated in an urban, suburban or rural setting. Customer demand and sound engineering principles direct where sites are required to be located. As people rely more on wireless devices such as smartphones, tablets and laptops for business and personal use, network improvements are required to ensure high quality voice and data services are available. For a wireless network to be reliable, an operator must provide “seamless” coverage so that gaps in the network are avoided. Gaps create dropped calls and overall poor service to customers. Rogers is committed and mandated by its license to ensure the best coverage and service to the public and private sectors. The proposed site at the above-noted location will achieve the necessary engineering coverage objectives for our network. The location will also have the ability to provide much relied upon communication services in the area such as EMS Response, Police and Fire; improved wireless signal quality for area residents, those traveling along the major roads, as well as providing local subscribers with Rogers’s 4G/5G wireless network coverage and capacity for products and services such as iPhones, smartphones, tablets and wireless internet through surrounding area. Rationale for New Telecommunication Infrastructure In identifying a potential new tower location and design, Rogers examined the surrounding area, assessed the visibility of the structure and considered possible host sitings. Rogers evaluated the best location for a new facility in compliance with protocol-established procedures, based on the following criteria:
3
C8721 - S Frontenac Rd 8 & White Road
Page 151 of 183 Coverage Objectives
Candidate Search Area
Search Area
Above depicts the technical search area.
4
C8721 - S Frontenac Rd 8 & White Road
Page 152 of 183 Candidate Search Process Before building a new antenna-supporting structure the proponent is required to first consider: • Sharing an existing antenna system, modifying or replacing a structure, if necessary. • Locate, analyze, and attempt to use any feasible existing infrastructure such as high-rise rooftops, water towers, etc.
Co-location opportunities on existing area carrier structures o
The following local coverage map depicts the local tower inventory of all carriers within a 10km radius of the Search Centre.
There are no existing antenna structures in the area which may be utilized for co-location within two kilometers of the proposed site and a new structure must be erected to address the coverage deficiency.
Evaluation of Other Local Existing Structures / Rooftops After disqualifying any colocation opportunities, the proponent next evaluates existing structures that are located within the specific geographical area offering the required height and that may be available to support new equipment or to use for co-location. Existing Structure Notes: During the site selection process for this proposed, Rogers determined that no other existing infrastructure opportunity was available in our target area that was suitable for our network.
5
C8721 - S Frontenac Rd 8 & White Road
Page 153 of 183 Consideration of municipal surplus properties Within the Proponent search area, the Proponent sought to identify any surplus municipal properties that may have been satisfactory to meet the coverage objectives. No suitable municipal properties were found Suitable municipal properties were identified:
Aeronautical Issues The proposed site is 17.9km southwest of the Rideau Lakes Airport. Accordingly, it is well outside of any airport zoning or safety restrictions.
Private Candidate Review Process Having identified an initial, qualified candidate from the preceding exercise, secondary candidates are then evaluated. Private candidates are reviewed starting with the center of the search area and moving out in a radial pattern until a large enough commercial, industrial or agricultural property option was available that could mitigate public concern to the greatest extent possible within the technical coverage limitations. The following picture depicts the available real estate opportunities which were assessed for candidate suitability and technical sufficiency to meet the Proponent’s coverage requirements. There are a couple property options with the footprint required to support a guyed tower in this area. Each of the private candidate sites were disqualified/qualified for the following reasons:
- MCNICHOLS, GLEN JOHN & PATRICIA ANN – Candidate mitigates total residential uses to the extent possible, RF/TX and Civil Qualified; Selected candidate 2 & 3. YOUNGE, EILEEN MARY – Unable to mitigate minimum setback requirements from residential use
6
C8721 - S Frontenac Rd 8 & White Road
Page 154 of 183 Proposed Facility Location and Site Sketch Representative Photo
7
C8721 - S Frontenac Rd 8 & White Road
Page 155 of 183 Coverage Map The coverage map below depicts the general “4G/5G Good Coverage Radius” for the selected candidate, together with other local neighbouring carrier facilities.
Bell/Rogers Coverage Bell/Rogers Coverage
Rogers Planned Coverage
Rogers Coverage Rogers Coverage
Residential Use Setback Map
8
C8721 - S Frontenac Rd 8 & White Road
Page 156 of 183 Compliance with Zoning Intent AGRICULTURAL ZONE RURAL ZONE WATERFRONT RESIDENTIAL ZONE LIMITED SERVICE RESIDENTIAL ZONE LIMITED SERVICE RESIDENTIAL WATERFRONT ZONE LIMITED SERVICE RESIDENTIAL ISLAND ZONE RECREATIONAL RESORT COMMERCIAL ZONE PIT “B” ZONE
A RU RW RLS RLSW RLSI RRC PB
Although federal undertakings are exempt from the application of zoning bylaws, sitings consider the intent of locating on non-residential properties with optimal setbacks from residential use. This siting is located on RU zoned land and abutted on all close sides by RU and further sides by RLSW zoned properties. The site candidate fully complies in all respects with good siting design tenets and guidelines, and in particular, all optimum design criteria of the CPC.
9
C8721 - S Frontenac Rd 8 & White Road
Page 157 of 183 Local Properties in Notification Radius (8 properties identified)
There are eight (8) private-owned properties, containing 0 residential uses, that fall within the stipulated notification radius. Accordingly, direct (mailing) notice of the proposal is required to be circulated to property owners, as it is in the federally defined (CPC) impact radius.
The facility is not located within 3x tower height from a neighbouring municipality. Accordingly, notice of the proposal is not required to be circulated to additional LUAs.
10
C8721 - S Frontenac Rd 8 & White Road
Page 158 of 183
Description of Proposed Tower: Specifics: 91.5m Guyed Tower enclosed in a 15m x 15m (fenced) secured Compound. This site will be built to accommodate antennas and equipment for future technology services and provide for colocation with other carriers.
.
11
C8721 - S Frontenac Rd 8 & White Road
Page 159 of 183 Protocol The Township of South Frontenac does not have a locally enacted protocol which adapts ISED Canada’s default protocol CPC-2-0-03 Issue 5 (July 2014) “Radiocommunication and Broadcasting Antenna Systems” to address issues in the local environment. Accordingly, the Proponent is required to follow the terms of the default federal CPC in addressing general and specific requirements. One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising the mandate to deploy necessary infrastructure. CPC Protocol i5: https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html The policy outlines the land use consultation process relevant to evaluating federally mandated wireless communication installations. In accordance with the CPC, proponents must provide a notification package to the local public (including nearby residences, community gathering areas, public institutions, schools, etc.), neighbouring land-use authorities, businesses, and property owners, etc. located within a radius of 3-times tower height from the outermost limit of the tower structure. In this case, there are eight (8) other private properties with different landlords outside of the beneficial ownership of the Landlord that fall within the 3x tower height radius, requiring direct notice.
Other Municipal Considerations As we are regulated under federal policy, provincial legislation such as the Ontario Building Code and the Planning Act including zoning by-laws and site plan control do not apply to these facilities.
Additional Public Consultation Obligations Pursuant to CPC section 4.2, since the tower exceeds 30m in height, the Proponent is required to place a Public Notice in the local community newspaper, inviting comments about this proposal from the public, and participation in the stipulated Public Comment and Reply process.
12
C8721 - S Frontenac Rd 8 & White Road
Page 160 of 183
Federal Requirement: Attestations In addition to the requirements for consultation with municipal authorities and the public, Rogers must also fulfill other important obligations including the following:
Canadian Environmental Assessment Act ISED requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation. This includes the Canadian Environmental Assessment Act, 2012 (CEAA 2012), where the antenna system is incidental to a physical activity or project designated under CEAA 2012 or is located on federal lands. • Rogers Communications Inc. attests that the radio antenna system as proposed for this site is not located within federal lands or forms part of or incidental to projects that are designated by the Regulations Designating Physical Activities or otherwise designated by the Minister of the Environment as requiring an environmental assessment. In accordance with the Canadian Environmental Assessment Act, 2012, this installation is excluded from assessment. For additional detailed information, please consult the Canadian Environmental Assessment Act) http://laws-lois.justice.gc.ca/eng/acts/c-15.21/
Transport Canada’s Aeronautical Obstruction Marking Requirements Aerodrome safety is under the exclusive jurisdiction of NAV Canada and Transport Canada. An important obligation of Rogers’ installations is to comply with Transport Canada / NAV CANADA aeronautical safety requirements. Transport Canada will assess the proposal with respect to potential hazards to air navigation and notify Rogers of any painting and/or lighting requirements for the antenna system. • Rogers Communications Inc. attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements. For additional detailed information, please consult Transport Canada. http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-standards-standard621-3808.htm
Engineering Practices: • Rogers Communications Inc. attests that the radio antenna system as proposed for this site will be constructed in compliance with the National Building Code and The Canadian Standard Association and comply with good engineering practices including structural adequacy.
Health Canada’s Safety Code 6 Compliance Health Canada is responsible for research and investigation to determine and promulgate the health protection limits for Exposure to the RF electromagnetic energy. Accordingly, Health Canada has developed a guideline entitled “Limits of Human Exposure to Radiofrequency Electromagnetic Field in the Frequency Range from 3kHz to 300 GHz – Safety Code 6”. The exposure limits specified in Safety Code 6 were established from the results of hundreds of studies over the past several decades where the effects of RF energy on biological organisms were examined. Radiocommunication, including technical aspects related to broadcasting, is under responsibility of the Ministry of Industry (Innovation, Science and Economic Development Canada), which has the power to establish standards, rules, policies and procedures. ISED, under this authority, has adopted Safety Code 6 for the protection of the general public. As such, ISED requires that all proponents and operators ensure that their installations and apparatus comply with the Safety Code 6 at all times.
13
C8721 - S Frontenac Rd 8 & White Road
Page 161 of 183 • Rogers Communications Inc. attests that the radio antenna system described in this notification package will at all times comply with Health Canada’s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier co-locations and nearby installations within the local radio environment.
This figure shows the Canadian limits that incorporate a safety margin of at least 50-fold from the threshold for possible adverse health effects:
More information in the area of RF exposure and health is available on the Health Canada’s website under Health Canada’s Radiofrequency Exposure Guidelines. https://www.canada.ca/en/health-canada/services/environmental-workplace-health/reports-publications/radiation/safety-code-6health-canada-radiofrequency-exposure-guidelines-environmental-workplace-health-health-canada.html https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11467.html
Proponent Contact Information Rogers Communications Inc. c/o Simpson-McKay Inc. 12317 Funaro Crescent, Tecumseh ON N9K1B2 Attn: Jeff McKay, Site Acquisition Specialist (519) 566-9267 j_mckay@rogers.com
14
C8721 - S Frontenac Rd 8 & White Road
Page 162 of 183 Conclusion Reliable wireless communication services are a key enabler of economic and social development across Canada. They facilitate the growth of local economies by providing easy access to information, and connectivity for residents and business alike. The infrastructure proposed is suitable for the development over the long term and protects public health and safety. In response to this growing demand for wireless services, Rogers has worked to find the most suitable location for a new telecommunications structure in our efforts to provide improved wireless services to residents, businesses and the traveling public. In addition to meeting consumer needs, technological upgrades are also critical to ensuring the accessibility of emergency services such as fire, police and ambulance. Wireless communications products and services used daily by police, EMS, firefighters and other first responders, are an integral part of Canada’s safety infrastructure. Rogers feels that the proposed site is well situated to provide improved wireless voice and data services in the targeted area and designed to have minimal impact on surrounding land uses and meets the intent of the governing protocol.
Rogers looks forward to working with the Township to provide improved wireless services to the community. Should you have any further questions or comments, please feel free to contact me via email at j_mckay@rogers.com, or via phone at (519) 566-9267. Yours truly,
Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Inc. Cell: (519) 566-9267 eMail: j_mckay@rogers.com
15
C8721 - S Frontenac Rd 8 & White Road
Page 163 of 183
To: Council Prepared by: Office of the Chief Administrative Officer Date of Meeting: February 1, 2022 Subject: Award Contract for CAO Recruitment
Summary This report recommends awarding a contract for the recruitment of a new Chief Administrative Officer (CAO) for the Township.
Recommendation That Council award a contract for the recruitment of a Chief Administrative Officer (CAO) to Waterhouse Executive Search in the amount of $23,250.00 plus HST, in accordance with the terms and conditions outlined in the proposal reviewed by Council in Closed Session on January 25th, 2022.
Background In late December 2021, the Township’s CAO submitted notice of his resignation effective February 25, 2022. As a result, Council appointed an Interim CAO effective February 1, 2022, and directed staff to obtain proposals for the recruitment of a new CAO so that Council had an opportunity to hire for the position before August 19th, 2022 being the potential date when the upcoming municipal election and “lame duck” restrictions under the Municipal Act would prevent Council from directly hiring staff. On January 25th, 2022, Council considered CAO recruitment proposals in closed session and provided direction to staff to arrange for an interview with one of the firms. On January 27th, 2022, an interview was conducted with a single firm in closed session.
Discussion/Analysis Given the variety of services, warranties, timelines and other elements included in the proposals, the fees for each are not included in this or prior open session agendas since they are not reflective of a consistent package of services and represent proprietary information for the firms. The Township’s solicitor was consulted to ensure the appropriateness of discussing recruitment proposals in closed session. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 164 of 183 Township of South Frontenac Staff Report - Award Contract for CAO Recruitment
In accordance with the procurement by-law, and based on past costs for the recruitment services, a minimum of three (3) quotes/proposals needed to be obtained. A total of five (5) were received for Council’s consideration, from the following professional firms:
- Boyden Canada
- Cornerstone Management Solutions Ltd.
- Feldman Daxon Partners Inc.
- Palmer and Associates
- Waterhouse Executive Search Based on Council’s direction to interview a single firm for the contract, and following that interview on January 27, 2022, staff is recommending awarding the contract for recruitment of a CAO to Waterhouse Executive Search in the amount of $23,250 inclusive of all expenses, and subject to other terms as outlined in the proposal reviewed by Council on January 25th, 2022.
Financial Implications The cost of recruitment by Waterhouse Executive Search is $23,250 + HST. This would be carried in the operating budget but funded from the Working Funds Reserve, so it will have no impact on the 2022 budget as presented. Any advertising costs not included in the proposal would be billed separately or paid directly by the Township; however, such costs re anticipated to be negligible and within advertising budgets for 2022.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. • Priority:
Attachments None.
Approvals Prepared and Approved By:
Neil Carbone Chief Administrative Officer www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 165 of 183
To: Council Prepared by: Office of the Clerk Date of Meeting: February 1, 2022 Subject: Council Appointments to Committee of Adjustment for 2022
Summary This report is to formally appoint Council members to the Committee of Adjustment for the year 2022 by By-law 2022-11.
Recommendation That Council approve By-law 2022-11, being a by-law to appoint Council members to the Committee of Adjustment for the term ending November 14, 2022.
Background While members of the public are appointed to the Committee of Adjustment the term of council, Council members are appointed on an annual basis. Council members were appointed by By-law 2021-06 for the term ending December 31, 2022. Changes made to the Municipal Elections Act defined the current term of Council to end on November 14, 2022, thus the appointments made in By-law 2022-11 expire on November 14, 2022.
Discussion/Analysis As the first meeting of the Township of South Frontenac’s Committee of Adjustment is scheduled February 10, 2022, Development Services staff will require the names of the members of council that are appointed to Committee of Adjustment to circulate planning notifications and agendas.
Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 166 of 183 Township of South Frontenac Staff Report - Council Appointments to Committee of Adjustment for 2022
•
Priority:
Notice/Consultation Not applicable.
Attachments •
By-law 2022-11
Approvals Submitted By:
Angela Maddocks Clerk Approved By:
Neil Carbone Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 167 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-11 A BY-LAW TO APPOINT COUNCIL MEMBERS TO COMMITTEE OF ADJUSTMENT FOR THE YEAR 2022. WHEREAS the Council of the Township of South Frontenac appoints a number of individuals to carry out various duties in the Municipality and constitute different boards and committees; and, WHEREAS it is expedient to consolidate these appointments in order to provide a consistent list of these appointees, NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: THAT: 1)
Persons, as set out on Schedule “A” attached hereto, are hereby appointed to carry out various duties in the municipality and serve on the certain Committee and Boards for the term as set out opposite their names on Schedule “A”.
Schedule “A” of this by-law may be amended by resolution of Council.
This by-law shall come into force and take effect on the date of its final passing.
Dated at The Township of South Frontenac this 1 day of February, 2022. Read a first and second time this 1 day of February, 2022. Read a third time and finally passed this 1 day of February, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 168 of 183
TOWNSHIP OF SOUTH FRONTENAC SCHEDULE “A” TO BY-LAW 2022-11 COUNCIL APPOINTMENTS FOR 2022 TO COMMITTEE OF ADJUSTMENT
NAME
TERM EXPIRES
COMMITTEE OF ADJUSTMENT
Bedford District
November 14, 2022
Loughborough District
November 14, 2022
Portland District
November 14, 2022
Storrington District
November 14, 2022
Page 169 of 183
To:
Council
Prepared by:
Development Services Department
Date of Meeting:
February 1, 2022
Subject:
4th Quarter 2021 – Building Services Report
Summary This report summarizes the delivery of Building Services within the Development Services Department between October 1st, 2021, and December 31st, 2021 (4th Quarter, 2021) as well as a year-end summary for 2021. In 2021 (Q1 – Q4), Building Services dealt with 1168 files. These include South Frontenac building applications, Part 8 applications, pool applications and investigation files, as well as applications related to the delivery of Part 8 services across the other three (3) Frontenac Townships.
Recommendation This report is for information only.
Background Each quarter, Building Services reports publicly on the number of permit applications being received and processed by the Township. This includes the delivery of Part 8 services on behalf of all four (4) of the Frontenac Townships. This information serves as a gauge for growth and informs current and future resource allocation. This report summarizes Quarterly Construction Values from 2018 to 2021, as well as types of construction that have occurred, Building Permits that have been issued and closed, and Part 8 services that were delivered.
Discussion/Analysis In 2021, Building Services received and processed 1168 files. Of those files, 35% (416) of these files are for construction and pool permits in South Frontenac. The remaining files are related to the delivery of Part 8 Services for the four Frontenac Townships. These files include, Part 8 Sewage System permits, as well as other types of applications related to the
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 170 of 183 Township of South Frontenac Staff Report – Q4 2021 – Building Services delivery of Part 8 services including the review of planning applications from a Part 8 perspective in all four Frontenac Townships. Prior to the addition of Part 8 services in 2021, the Township received approximately 400 building permit applications annually in each of the past four (4) years.
Delivery of Building Services (2018 to 2021) 2018
406
2019
387
2020
373
2021
416 0
200
375 400
600
292 800
85 1000
1200
Building Permits (SF) Part 8 Sewage Permits (SF & Frontenac Twps) Part 8 Review of Planning Applications (SF & Frontenac Twps) Other Part 8 Services (SF & Frontenac Twps)
Permits Issued in South Frontenac Exclusively: In 2021, 416 building permits were issued for construction in South Frontenac. An additional 157 permits were issued for Part 8 Sewage permits in South Frontenac. A total of 573 permits were issued in South Frontenac in 2021. In the 4th quarter of 2021, 112 building permits were issued in South Frontenac, with 40 of those permits issued for sewage systems. The most frequent type of permit issued in South Frontenac in 2021 was for a sewage system under Part 8 of the Building Code. Other permits were for garages, accessory buildings and decks (112) and Single-Family dwellings (64) represent the next largest category of permits.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 171 of 183 Township of South Frontenac Staff Report – Q4 2021 – Building Services The following chart provides a breakdown by permit type by quarter in 2021 exclusively for South Frontenac. OCT-DEC
YTD
12
15
64
3
7
1
14
12
23
13
8
56
Garage, Accessory Bldgs, Decks
18
36
33
25
112
Sewage Systems
7
66
44
40
157
Woodstove/Pellet/Chimney
8
5
11
10
34
Agricultural Buildings
2
3
5
1
11
New ICI/Multi-Res Bldgs.
0
0
0
0
0
Reno/Additions to ICI/Multi-Res Bldgs.
7
7
1
2
17
Demolitions
10
18
16
7
51
Pool enclosure
7
6
25
3
40
Other (Signs, Solar Panels, Investigations)
5
4
8
0
17
86
201
175
112
573
APR-JUNE JULY-SEPT
Type of Construction
JAN-MAR
Single Family Dwellings
7
30
Seasonal Dwellings
3
Additions & Renovations
TOTAL PERMITS
That chart below shows annual quarterly construction values and associated volume of permits in each of the last four (4) years. The total value of construction in South Frontenac for 2021 is just over $41 million dollars, which exceeds total construction values in each of the last three (3) years. The number of building permits issued in 2021, excluding Part 8 permits (417) has also exceeded the annual totals in each of the last three (3) years. *No construction value is assigned to sewage systems that have been approved under Part 8 of the Building Code as it is considered servicing infrastructure. Quarterly Construction Values for all South Frontenac projects: 2018 2019 2020 2021 CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS CONSTRUCTION PERMITS VALUE ISSUED VALUE ISSUED VALUE ISSUED VALUE ISSUED January-March
$2,990,962.00
57
$2,211,814.00
44
April-June
$13,050,757.00
146
$14,794,702.00
July-September
$10,174,862.00
126
$11,678,813.00
PART 8 ISSUED
$2,130,500.00
38
$5,322,701.00
79
7
142
$8,141,000.00
103
$17,287,756.00
135
66
134
$10,938,758.00
146
$10,327,767.00
131
44
October-December
$5,501,998.00
77
$7,112,000.00
67
$9,442,065.00
86
$8,420,592.00
72
40
Totals
$31,718,579.00
406
$35,797,329.00
387
$30,652,323.00
373
$41,358,816.00
417
157
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 172 of 183 Township of South Frontenac Staff Report – Q4 2021 – Building Services South Frontenac Building Permits Closed: In 2021, South Frontenac Building services closed 303 building permits. These totals may include permits issued in 2021 or in previous years which had yet to be closed.
Type of Construction
JAN-MAR
APR-JUN
JUL-SEP
OCT-DEC
YTD
Single Family Dwellings
3
11
9
7
30
Seasonal Dwellings
0
2
4
0
6
Additions & Renovations
12
11
11
7
41
Garage, Accessory Bldgs, Decks
16
18
33
23
90
Sewage Systems
3
2
15
11
31
Woodstove/Pellet/Chimney
6
2
3
6
17
Agricultural Buildings
0
0
0
0
0
New ICI/Multi-Res Bldgs.
0
1
0
0
1
Reno/Additions to ICI/Multi-Res Bldgs.
7
0
0
0
7
Demolitions
5
11
2
14
32
Pool enclosure
1
8
20
8
37
Other (Signs, Solar Panels, Investigations)
1
3
6
1
11
TOTALS
54
69
103
77
303
Delivery of Part 8 Services for all Frontenac Townships (Q4 - 2021): North Frontenac
Part 8 Services
Central Frontenac
Frontenac Islands
South Frontenac
Total Fee
Total Fee
Total Fee
Total Fee
Sewage System Permits
14
$13,692.00
31
$26,217.00
10
$9,574.00
40
$38,708.00
Performance Reviews
4
$2,060.00
2
$1,030.00
1
$515.00
9
$4,635.00
Septic Review - Consents
6
$3,090.00
21
$10,815.00
0
$0.00
16
$8,240.00
Septic Review - Minor Variances
3
$873.00
6
$2,004.00
0
$0.00
8
$2,156.00
Sewage System Record Search TOTALS
3
$309.00
3
$309.00
1
$103.00
16
$1,648.00
30
$20,024.00
63
$40,375.00
12
$10,192.00
89
$55,387.00
From October 1st to December 31st, 2021 (Q4), South Frontenac Building Services processed a total of 194 applications under Part 8 of the Ontario Building Code, including permits, performance and planning reviews, and record searches for all four (4) Frontenac Townships.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 173 of 183 Township of South Frontenac Staff Report – Q4 2021 – Building Services For all of 2021, a total of 703 Part 8 applications of all types were processed across all four (4) townships. This significantly exceeded the initial estimate of 400 applications for Part 8 services which had been based on KFL&APH’s 2019 data prior to assuming Part 8 services. Delivery of Part 8 Services for all Frontenac Townships (2021): North Frontenac
Part 8 Services
Central Frontenac
Frontenac Islands
Total Fee
Total Fee
Total Fee
South Frontenac
Total Fee
$76,110.00
105
$96,774.00
34
$32,094.00
157
$157,458.00
Sewage System Permits
79
Performance Reviews
13
$6,695.00
8
$4,120.00
4
$2,060.00
24
$12,360.00
Septic Review - Consents
21
$10,740.00
52
$28,765.00
5
$2,560.00
59
$30,325.00
Septic Review - Minor Variances
7
$2,969.00
16
$8,588.00
1
$463.00
33
$22,308.00
Sewage System Record Search
13
$1,339.00
15
$1,539.00
4
$412.00
53
$5,459.00
133
$97,853.00
196
$139,786.00
48
$37,589.00
326
$227,910.00
TOTALS
Financial Implications Building Fees The revenue collected for all South Frontenac Building Permits, excluding Part 8 applications, for 2021 was $591,215. Part 8 Fees The total revenue collected in fees for Part 8 services for all four (4) Townships in Q4 2021 was $118,697 resulting in a yearly total of $537,301 from chargeable Part 8-related services (all Townships). This contrasts with the estimated annual revenue of $346,200 from all Townships, on which South Frontenac had based its assumption of County-wide Part 8 service delivery. Since fees for Part 8 services mirrored those of KFL&APH, these figures represent a greater demand for Part 8 services than had been expected and warrants careful monitoring to ensure sufficient resources are available to properly manage this workload in the future. Total South Frontenac Fees Including building and Part 8 fees, South Frontenac collected $819,125 in fees in 2021.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 174 of 183 Township of South Frontenac Staff Report – Q4 2021 – Building Services
Relationship to Strategic Plans ☐ Not applicable to this report. ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Notice/Consultation
Director of Corporate Services & Treasurer
Attachments None.
Approvals Prepared by:
Peggy Spafford, Permit Intake Coordinator Tom Berriault, Chief Building Official
Submitted by:
Claire Dodds, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 175 of 183
To:
Council
Prepared by:
Development Services Department
Date of Meeting:
February 1, 2022
Subject:
4th Quarter 2021 – Planning Services Report
Summary This report documents the delivery of Planning Services within the Development Services Department between October 1, 2021 and December 31, 2021 (4rd Quarter, 2021) and summarizes trends in planning services delivered in 2021.
Recommendation This report is for information only.
Background A total of 208 planning applications were submitted and processed by Planning Services in 2021. Planning applications have continued to rise steadily in each of the past three (3) years. The chart below indicates the annual volume of applications processed and submitted each year between 2019 and 2021.
Total Planning Applications by Year (2019-2021) 225
208
200 175 134
150 125
109
100 75 50 25 0 2019
2020
2021
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 176 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services The most frequently submitted applications in 2021 continue to be consents, minor variances and zoning by-law amendments.
Planning Applications in 2021 by Type 2%
4%
5%
14% 45%
30%
Consents
Minor Variance
Zoning By-law Amendment
Site Plan Control
Road Closing
Licence Agreement
The chart below compares the number of consent, minor variance and zoning by-law amendment applications in 2021.
Most Common Planning Applications (2019-2021) 94
100 90 80
62
70 52
60 50 40
47
52
35
30
30
13
20
17
10 0
Consents
2019 (Q1-4)
Minor Variances
2020 (Q1-4)
Zoning By-law Amendments
2021 (Q1-4)
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 177 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services Other Statistics 75 new lots were created in the Township in 2021 (Q1-4, 2021): • •
28 new residential units have been created through approval of Cranberry Cove and Johnston Point Plans of Condominium. 47 lots created by consent were registered in 2021.
In 2021, planning staff held 377 pre-consultation meetings, compared to 287 in 2020 and 266 in 2019 (266). The charts below break out planning activities by application type for each quarter of 2021 and compare the total number of 2021 applications to the 2020 & 2019 totals. Pre-consultation Meetings Number of Meetings 2021 – 4th Quarter Total 2021 – 3rd Quarter Total 2021 – 2nd Quarter Total 2021 – 1st Quarter Total
88 75 110 104
2021 – Annual Total
377
2020 – Annual Total 2019 – Annual Total
287 261
Consent Applications Complete Applications Submitted 2021 – 4th Quarter Total 2021 – 3rd Quarter Total 2021 – 2nd Quarter Total 2021 – 1st Quarter Total
29 17 32 16
2021– Annual Total
94
2020 – Annual Total 2019 – Annual Total
52 35
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 178 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services Consent Applications – Approvals by Delegated Approval versus Applications Heard by Committee of Adjustment Undisputed Consents Disputed Consents Approved by Heard by Committee Director of Development of Adjustment Services th 2021 – 4 Quarter Total 16 4 2021 – 3rd Quarter Total
17
0
2021 – 2nd Quarter Total 2021 – 1st Quarter Total
17 6
3 0
2021 – Total
56
7
2020 –Total (May to Dec 2020)
24
4
Minor Variance Applications
2021 – 4th Quarter Total 2021 – 3rd Quarter Total 2021 – 2nd Quarter Total 2021 – 1st Quarter Total
Complete Applications Submitted 19 14 18 11
2021 – Annual Total
62
2020 – Annual Total 2019 – Annual Total
52 47
Zoning By-law Amendment Applications
2021 – 4th Quarter Total 2021 – 3rd Quarter Total 2021 – 2nd Quarter Total 2021 – 1st Quarter Total
Complete Applications Submitted 10 4 12 4
2021 – Annual Total
30
2020 – Annual Total 2019 – Annual Total
17 13
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 179 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services Site Plan Control Applications • • • •
2 site plan control application were submitted in Q4 of 2021. 9 site plan control applications have been received in 2021. 10 site plan control applications were submitted in 2020. 6 site plan control applications were submitted in 2019.
Development Agreements • • • •
22 development agreements were prepared in Q4 of 2021. 93 development agreements have been prepared in 2021. 53 development agreements were prepared in 2020. 59 development agreements were prepared in 2019.
Certificates of Official Issued (Finalizing Consent Applications) • • •
10 consent applications were finalized in Q4 of 2021. 47 consent applications were finalized in 2021. 20 consent applications were finalized in 2020.
Road Closings • • • •
3 road closing applications were received in Q4 of 2021. 10 Road closing applications were received in 2021. 3 Road closing applications were received in 2020. 6 Road closing applications were received in 2020.
License Agreements • • •
2 license agreements application were submitted in Q4 of 2021. 3 license agreement application was submitted in 2021. 1 license agreement was processed in 2020.
Plans of Subdivision & Condominiums •
A 31-lot residential plan of subdivision in Sunbury was submitted to the County in April 2020. The County held a public open house in July 2020. A second round of technical comments were provided to the developer in June 2021. These comments have been reviewed with the developer and consultants. A third submission was circulated by the County to the Township in Q1 – 2022.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 180 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services •
The Master Site Plan for Johnston Point Plan of Condominium was approved on December 21, 2022. It is anticipated that individual site plan applications will be submitted starting in Q1 of 2022.
•
Staff are reviewing the third technical engineering submission for the Hartington Plan of Subdivision. An appraisal has been completed for the Hartington Subdivision in Q4 of 2021. Staff have worked with the Township solicitor to prepare a pre-servicing agreement that was circulated to the developer at the end of Q4 – 2021
•
The re-grading of ValleyView Subdivision was substantially completed in Q4 of 2021. The Township is working with Ainley and Associates and the developer on this project. Final inspections of the re-grading work will be completed in Q2 – 2022.
Discussion/Analysis The information in this report points to a significant increase in the volume of planning activity in 2021 compared to previous years. While 2020 may have been an anomaly due to the impacts of the COVID-19 pandemic, 2021 planning activity is nearly double the 2019 volumes despite some pandemic restrictions and other challenges persisting in albeit to a lesser degree in 2021. The nearly 100% increase in applications, particularly consent applications, along with the creation of new lots in approved plans of subdivision (Johnston Point, Cranberry Cove) points to future pressures on building services as these new lots are developed.
Financial Implications During the 4th Quarter of 2021, $59,825 was paid to the Township in the form of application fees. The Township collected $212,304 in planning application fees in 2021.
Relationship to Strategic Plans ☒ This initiative is supported by the following priorities of the 2019-2022 Strategic Plan. •
Priority: 3. Ensure the organizational capacity to deliver cost-effective services in a changing world.
Notice/Consultation The following internal staff were consulted in developing the report:
Michelle Hannah, Planning Assistant Anna Geladi, Planner Christine Woods, Senior Planner www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 181 of 183 Township of South Frontenac Staff Report – Q4 - 2021 Report – Planning Services
Attachments None.
Approvals Prepared by:
Claire Dodds, Director of Development Services Approved By:
Neil Carbone, Chief Administrative Officer
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 182 of 183
January 27, 2022
AA-003-22
Via e-mail Ms. Angela Maddocks, Clerk Township of South Frontenac 4432 George Street, P.O. Box 100 Sydenham, ON K0H 2T0 Dear Ms. Maddocks, Re:
Cataraqui Conservation Municipal Levies – 2022
Cataraqui Conservation has adopted its budget for the year 2022 and apportioned to all its participating municipalities, by resolution, costs for administration, maintenance, and capital projects, in accordance with the Conservation Authorities Act of Ontario. As required by the Act, you are hereby notified that the apportioned cost to your municipality is $154,333.92. Your municipality has decided to make payment of Cataraqui Conservation’s levy in two parts: Installment Amount Due* st 1 $77,166.96 February 28, 2022 nd 2 $77,166.96 June 30, 2022
- Accounts received after the due date will be subject to an interest charge. Additional information on Cataraqui Conservation’s 2022 budget is available on our website https://cataraquiconservation.ca/pages/budget. Thank you in advance for your attention to this matter. Should there be related questions, please contact Cheryl Rider, Supervisor, Finance at 613-546-4228 ext. 225 or crider@crca.ca. Yours truly, (original signed by) Katrina Furlanetto, M.Env.Sc. General Manager KJF/dc Cc:
Mr. Neil Carbone, CAO/Deputy Clerk Ms. Louise Fragnito, Director of Corporate Services & Treasurer and Interim CAO Mr. Alan Revill, Cataraqui Conservation Municipal Representative Mr. Ross Sutherland, Cataraqui Conservation Municipal Representative
Cataraqui Region Conservation Authority 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca
Page 183 of 183
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-12 A BY-LAW TO CONFIRM GENERALLY ALL ACTIONS AND PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ON FEBRUARY 1, 2022 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, HEREBY ENACTS AS FOLLOWS: 1.
The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its meeting held on February 1, 2022 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held February 1, 2022 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on February 1, 2022 except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Read a first and second time this 1 day of February, 2022. Read a third time and finally passed this 1 day of February, 2022. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
