CITY OF KINGSTON
REPORT TO PLANNING COMMITTEE
Report No.: PC-12-071
TO:
Chair and Members of Planning Committee
FROM:
Cynthia Beach, Commissioner, Sustainability and Growth
RESOURCE STAFF:
Grant Bain, Director, Planning and Development Department
DATE OF MEETING:
October 4, 2012
SUBJECT:
PUBLIC MEETING REPORT (File No. D11-404-2012)
3040 Babcock Road, Kingston West
Request to Install a Communications Tower
Applicant – Xplornet Communications Inc.
EXECUTIVE SUMMARY:
An application for Site Plan Control has been submitted by Nic Parker of Xplornet
Communications Inc., for lands owned by Gerry Kellerman and Catherine Macleod addressed
as 3040 Babcock Road, Kingston West. The applicant is requesting approval for a
communications tower which has been constructed at the northern portion of the subject
property. The site is bounded by agricultural lands and residential lots along Babcock Road to
the west and Orser Road to the north.
As per City policies, for new communication towers, a public forum is required to be held by the
Planning Committee. Notice of the meeting has been sent to landowners within 120 metres of
the subject property and signage has been posted on the subject lands. As the communications
tower is federally regulated, public consultation is required by Industry Canada and the final
approval for the tower will be issued by Industry Canada.
RECOMMENDATION:
Pursuant to the requirements of Industry Canada for consultation with the City of Kingston, prior
to the licensing of significant antenna structures and subject to the comments which are
received at the public forum, it is recommended that the Planning Committee advise Industry
Canada that it has no objections to the location of the 45 metre self-supporting tower, which
has been constructed on the south side of Orser Road on the property addressed as 3040
Babcock Road.
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REPORT TO PLANNING COMMITTEE
Report No.: PC-12-071
October 4, 2012
- Page 2 -
AUTHORIZING SIGNATURES:
ORIGINAL SIGNED BY COMMISSIONER
________________________________________
Cynthia Beach, P.Eng., MCIP, RPP, Commissioner, Sustainability and Growth
ORIGINAL SIGNED BY CHIEF ADMINISTRATIVE OFFICER
________________________________________
Gerard Hunt, Chief Administrative Officer
CONSULTATION WITH THE FOLLOWING COMMISSIONERS:
Lanie Hurdle, Community Services
N/R
Denis Leger, Transportation, Properties &
Emergency Services
N/R
Jim Keech, President and CEO, Utilities Kingston
N/R
(N/R indicates consultation not required)
K:\D11_Site Plan Control\2012 Files\404-2012_3040 Babcock Road\PC-12-071_3040 Babcock Road Elginburg_PH..doc
41
REPORT TO PLANNING COMMITTEE
Report No.: PC-12-071
October 4, 2012
- Page 3 OPTIONS/DISCUSSION:
The property, subject to this application, is addressed as 3040 Babcock Road and is occupied
by a single family home and barns which have access from Babcock Road. The property
consists of approximately 100 acres of land of which portions of the site are wooded and vacant.
The site is located on the south side of Orser Road and is accessed from Sydenham Road to
the east. The property is at the northern extent of the City of Kingston limits. The Township of
South Frontenac is situated directly north of this site. A provincially significant wetland
intersects the lands along the southern limits of the site. Access to the proposed cellular tower
is provided from an existing entrance along Orser Road and is located west of the tower. The
structure is setback approximately 30m from Orser Road. The communications tower is located
between a single family residential dwelling addressed as 2649 Orser Road and a single family
residential dwelling at 2715 Orser Road. The communications tower does not have an
associated cabinet and the plans provided indicate that the tower does not include an enclosed
fenced perimeter or locked gate to limit access to the structure. The 45m self-supporting tower
is a three sided steel latticework structure and antennas are mounted at the top of the tower. A
hydro pole was installed near the base of the tower. The property is shown on the attached Key
Map.
The Applicant has indicated that the tower has been installed at this location to provide the
necessary wireless coverage for this area of the City of Kingston. The rural nature of the area
did not allow for the deployment of a telecommunications facility on top of any existing tall
buildings or other structures. With all options considered it was determined that a new structure
was necessary to efficiently reach and maintain the coverage objectives. Industry Canada was
contacted as soon as the Planning Department were informed of the installation of the
communications tower by Xplornet Communications Inc. Industry Canada had indicated that
permission to activate the tower will not be provided until input has been provided from the City.
Given the rural nature of the area and the distance from existing residential uses, the new tower
should result in little disturbance to residents. The tower is in keeping with Industry Canada’s
CPC-2-0-03 protocol. This tower type will be required to comply with all rules and regulations
set forth by Industry Canada including Transport and NAV Canada and Health Canada.
Xplornet Communications Inc. have indicated that the radio installation will be installed and
operated on an ongoing basis to comply with Health Canada’s Safety Code 6 for the protection
of the general public including any combined effects of nearby installations within the local radio
environment.
Industry Canada directs telecommunication proponents to consult with the local municipality
prior to the installation of a non-exempt telecommunication tower. The City’s Site Plan
application process is an existing process which provides the City the opportunity to review and
comment on proposed telecommunication towers and cannot regulate the location, size or
specific features of the tower. The proposed telecommunication facilities are not required to
comply with the City’s Zoning By-law, Official Plan or the Ontario Building Code and are not
required to obtain site plan approval under the Planning Act. The Proponent is not required to
enter into a Site Plan Agreement with the City. The City’s response to the Proponent and
Industry Canada will take into consideration all comments provided by the internal/external
42
REPORT TO PLANNING COMMITTEE
Report No.: PC-12-071
October 4, 2012
- Page 4 groups as well as comments received from the public. Industry Canada is the final approval
authority for telecommunication facilities.
The following land uses surround the subject site:
•
•
•
•
North – Existing agricultural lands located within the Township of South Frontenac;
East – Existing agricultural land uses designated Rural Area;
South – Existing agricultural land uses designated Rural Area and Environmental
Protection Area; and
West – Existing agricultural lands designated Rural Area.
The property is designated Rural and Environmental Protection Area in the Official Plan for the
City of Kingston and zoned ‘A1’ Restricted Agricultural Zone and ‘A2’ General Agricultural Zone
in the former Kingston Township Zoning By-Law No. 76-26. The 45.0 metre self-supporting
tower is located in an agricultural area that is visible from Orser Road as per the attached plans.
The tower will provide internet service to the surrounding area of the City of Kingston. The
proposal is consistent with City policies and Provincial land use policies.
An application for site plan control has been submitted and will be reviewed by technical staff.
Correspondence will be provided to the Applicant including any technical comments following
the completion of the review.
EXISTING POLICY/BY LAW:
Provincial Policy Statement:
Section 1.6.6 of the Provincial Policy Statement identifies the protection of transportation and
infrastructure corridors. The proposed tower will not interfere with the operation of the airport,
railway lines or the electricity corridor; therefore, it is consistent with the Provincial Policy
Statement.
Official Plan Context:
The subject site is designated as Rural and Environmental Protection Area in the Official Plan
for the City of Kingston. The intent of the Rural designation as per Section 3.13 of the Official
Plan is to maintain a permanent and viable agricultural industry as a component of the economic
base of the City to provide employment and a sustainable source of local food. Limited nonfarm growth is permitted in the Rural Area if it does not limit or interfere with agricultural uses,
agriculture-related uses or a broader range of rural uses, and if it meets the environmental
objectives of the Plan. The proposed communications tower is not located in the area
designated as Environmental Protection Area. The intent of Section 3.14 of the Official Plan is
to permit freestanding wireless telecommunication towers in all land use designations, except in
areas shown as Residential or Environmental Protection Areas where the structure would
conflict with environmental objectives of the Cataraqui Region Conservation Authority or Parks
Canada. The Cataraqui Region Conservation Authority had indicated in their review comments
that the subject property is outside of their area of interest and will not be commenting during
the site plan review process.
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REPORT TO PLANNING COMMITTEE
Report No.: PC-12-071
October 4, 2012
- Page 5 Zoning By-Law Context:
The subject site is located in the ‘A1’Restricted Agricultural Zone and the ‘A2’ General
Agricultural Zone in the former Kingston Township Zoning By-Law No. 76-26. The tower was
constructed to a height of 45.0 meters (150 feet) which exceeds the maximum height of 10.7
metres (35 feet) within the ‘A1’ Restricted Agricultural Zone. As indicated above, the tower is
regulated by Transport Canada and Nav Canada and therefore not subject to the City’s Zoning
By-Law. The location of the tower would not be within or encroach upon the Environmental
Protection Area Zone.
NOTICE PROVISIONS:
Signage advising of the site plan application has been posted on the subject property. A notice
of Public Forum was mailed to approximately 60 property owners within 120 metres of the
proposal as well as published in The Kingston Whig-Standard. To date no comments have
been received.
ACCESSIBILITY CONSIDERATIONS:
There is no accessibility considerations included in this report.
FINANCIAL CONSIDERATIONS:
No financial implications are to be considered with this report.
CONTACTS:
Trudy Gravel, Planner, Development Approvals, Planning & Development 613-546-4291 ext
3277
Marnie Venditti, Manager, Development Approvals, 613-546-4291 ext 3256
Grant C. Bain, Director, and Planning & Development 613-546-4291 ext 3252
OTHER CITY OF KINGSTON STAFF CONSULTED:
At the time of the writing of this report, responses to the technical circulation have been received
from the Airport, Utilities Kingston, Fire & Rescue and the Cataraqui Region Conservation
Authority.
The applicants have submitted the necessary applications to NavCanada and Transport
Canada.
All comments received by the meeting date will be presented to the Committee.
EXHIBITS ATTACHED:
Exhibit A - Key Map;
Exhibit B - Site Plan; and
Exhibit C - Public Forum Notice.
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DETAIL
EXHIBIT A
IL
TO
N
R
D
KEY MAP
BAT T
ER
15
HW
SS ST
RD
LS
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01
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38
SYDENHAM RD
AD
SEA
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CREE KFORD RD
PR INC
E
MIL
T ON
GS
KIN
1
0
4
Y
HW
HW
R
UNITY RD
RD
PERTH RD
W
Subject Lands
ORSER RD
3065
2797
2973
3375
3381
3419
3500
D
LEE R
3338
2966
3311
2649 2585
2727
SYDENH
3125
BABCOCK RD
3233 3201
3336 3323
AM RD
JOHN COUNTER BLVD
3040
3412
3405
3381
3358
3318
3066 3052
3222
R RD
2947
2487 2477
3406
HORNING RD
2171
2217
2373
2697 2676
D 38
2520
2504
2983 2964
2965
2945
2570
2894
2406
2370
3050
3254
2444
3008
2722
3230 3174
2706
3285 3231 3175
2320
3369
2647
2275 2621
2259
2555
2224
2518
2904 2876
3010
3072
2989 2937
3105 3043
2060
2423
2328
2604
2764
2654 2628 2540
2559
2601
2741
2787
2404 2350
2290 2234 2204
2467 2357
2309 2265 2213 2167
2295
2213
2329
2190
2151
20812105
2490
2724
CORDUKES RD
RO
CK
RD
2800
3493
1945
2560
30253020
3008
3456
DOVER RD
2680
2589
2390
2350
2323 2278
2345
E
LE
M
1911 1900 2280
1913
2217 2226
2202
2188
2193
2181
2012
2015
1991
1973
2043
2166
R
1934
UNITY RD
2077
2071
2489
AN
D
1949
2015
2075
2253
2197 2154
2167
1875
2506
SYDENHAM RD
R OA
ORDER RD
3334
VAN
3375
DIXON RD
3200
3385
Tower Location
2730
PL E
2668 KE 2575
29732970
2679
2727
2761
1912
2039
2440
1909
1881
2044
19791980
1919
1968 1883
1850
THE COR PORATION OF THE C ITY OF KINGSTON
PLANN IN G & D EVE LOPME NT D EPARTMEN T
KEY MAP
Planning &
Development
a department of
Sustainability &
Growth
PREPARED BY: J.Partridge
DATE:Aug 27, 2012
Legend
Applicant: Xplornet Communication Inc.
File Number: D11-404-2012
Address:3040 Babcock Road
Legal Description:KINGSTON CON 7 PT
LOTS 8 AND;9
ARN: 101108024020500
45
®
Meters
0115
230 460 690 920
Subject Lands
Disclaimer: This do cument is subject to copyrig ht and may only be used for your p ersonal, no n
-commercial use p rovided you keep intact the copyrig ht no tice. The C ity of Kingsto n assumes no
respo nsibility fo r any errors, and is not liable fo r any damag es of any kind resulting from the use
of, or relia nce on, the information contained in this document. The City of Kingston d oes not make
any representation or warranty, express or implied , concerning the accuracy, quality, likely results
or reliability of the use of the informa tio n contained in this d ocument.
C 2012 T he Corporation of the City of King ston.
46
47
48
Exhibit C
City of Kingston Planning Committee
NOTICE OF AN INVITATION TO A PUBLIC FORUM
Thursday, October 4th, 2012, at 6:30 p.m.
Council Chambers, City Hall, 216 Ontario Street
(NOTE:
All Public Meetings are scheduled for 6:30 p.m. and more than one meeting may have been scheduled for this
time. The meetings will occur in the order as shown on the Committee’s Agenda, each commencing as soon
as the previous Public Meeting concludes.
SUBJECT:
Communications Tower, 45 metre self-supporting tower (150 feet) in height
Location: 3040 Babcock Road, Elginburg
Kingston West
Applicant: City of Kingston
Agent:
Xplornet Communications Inc. – Nic Parker
City of Kingston Planning File No.: D11-404-2012
The site is addressed as 3040 Babcock Road, Elginburg (see attached key map) and will provide
communications service to the City of Kingston. The tower was installed at the northern property limits along
the south side of Orser Road, prior to the submission and approval of a site plan application by the City.
Industry Canada has been advised of the construction of the tower, prior to approval provided from the City,
and Industry Canada has advised the City that the tower will not be initiated until approval has been granted.
The communications tower is accessible from Orser Road.
The purpose of this Public Forum is to allow the Public, the Applicant and the Planning Committee to discuss
the location of the tower. Anyone may attend the Public Forum and speak in favour of or against the tower
site. Written submissions are also welcome.
The Planning Committee will decide in favour or against the proposed site. Please note, however, that
although the City of Kingston must be consulted, it may only offer comments on the proposed tower site.
ADDITIONAL INFORMATION: Material related to the proposed tower and site is available for review between
8:30 a.m. and 4:30 p.m., Monday to Friday at the Office of the Manager, Planning & Development Department,
City of Kingston Municipal Building, 1211 John Counter Boulevard. You can also contact, Trudy Gravel,
Planner, at 613-546-4291, extension 3277 for more information. Other contacts:
Xplornet Communications Inc. – Nic Parker
300 Lockhard Mill Road
Woodstock, NB
E7M 5C3
1-866-678-7124
NOTICE OF COLLECTION – Personal information collected as a result of this public hearing is collected under the authority of the
Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act, and all other relevant
legislation, and will be used to assist in making a decision on this matter. All personal information (as defined by MFIPPA), including
(but not limited to) names, addresses, opinions and comments collected will be made available for public disclosure to members of the
public, at the meeting, through requests, and through the website of The Corporation of the City of Kingston. Questions regarding the
collection, use, and disclosure of this personal information may be directed to the Corporate Records and Information Officer, City
Clerk’s Department, 216 Ontario Street, Kingston, Ontario, K7L 2Z3.
DATED at Kingston, Ontario
this 25h day of September, 2012
John Bolgnone
City Clerk
49