6.             OFFICIAL PLAN AMENDMENT – WIRELESS TELECOMMUNICATION FACILITIES

 

MODIFICATION AU PLAN OFFICIEL – INSTALLATIONS DE TÉLÉCOMMUNICATIONS SANS FIL

 

 

 

PLANNING COMMITTEE AND AGRICULTURE AND
RURAL AFFAIRS COMMITTEE
RECOMMENDATION

 

That Council approve and adopt an amendment to the City of Ottawa Official Plan to remove redundant provisions relating to Wireless Telecommunication Facilities, as detailed in Document 1.

 

 

RECOMMANDATION DU COMITÉ DE L’URBANISME ET
DU COMITÉ DE L’AGRICULTURE ET DES AFFAIRES RURALES

 

Que le Conseil approuve et adopte une modification au Plan officiel de la Ville d’Ottawa, visant à supprimer les stipulations superflues relatives aux installations de télécommunications sans fil, comme l’explique en détail le document 1.

 

 

 

Documentation

 

1.         Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 27 January 2012 (ACS2012-ICS-PGM-0053).

 

2.         Extract of minutes, Planning Committee meeting of 28 February 2012.

 

3.         Extract of draft minutes, Agriculture and Rural Affairs Committee meeting of

1 March 2012.


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and

 

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des affaires rurales

 

27 January 2012 / le 27 janvier 2012

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

 

 

City-wide / À l'échelle de la Ville

Ref N°: ACS2012-ICS-PGM-0053

 

 

SUBJECT:

OFFICIAL PLAN AMENDMENT – wireless TELEcommunication facilities

 

 

OBJET :

MODIFICATION AU PLAN OFFICIEL – installations

de télécommunications sans fil

 

 

REPORT RECOMMENDATION

 

That the Planning Committee and Agriculture and Rural Affairs Committee recommend Council approve and adopt an amendment to the City of Ottawa Official Plan to remove redundant provisions relating to Wireless Telecommunication Facilities, as detailed in Document 1.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et le Comité de l’agriculture et des affaires rurales recommandent au Conseil d’approuver et d’adopter une modification au Plan officiel de la Ville d’Ottawa, visant à supprimer les stipulations superflues relatives aux installations de télécommunications sans fil, comme l’explique en détail le document 1.

 

 

BACKGROUND

 

While Section 3.1 (Generally Permitted Uses) of the Official Plan currently contains provisions relating to Wireless Communication Facilities, telecommunications is a federal government responsibility, and these provisions are ultra vires the Official Plan.  

 

Under the Radiocommunication Act (R.S.C., 1985, c. R-2), Industry Canada has the final authority to approve the location of telecommunication towers and antennae. Industry Canada has a process for taking municipal and public concerns into consideration during their review of telecommunications proposals.

 

In association with Council’s adoption of the Municipal Concurrence and Public Consultation Process for Antenna Systems, the purpose of this amendment is to update the Official Plan to delete redundant provisions relating to wireless telecommunication facilities, and to replace them with a reference to the Municipal Concurrence and Public Consultation Process for Antenna Systems.

 

 

DISCUSSION

 

In Telus Communications Co. v. Toronto (City) (2007), 33 M.P.L.R. (4th) 30, 84 O.R. (3d) 656, 279 D.L.R. (4th) 111, the Ontario Superior Court of Justice was faced with the question of whether the City of Toronto’s site-plan by-laws, passed pursuant to valid provincial legislation, could apply to telecommunications facilities which are within federal jurisdiction.  The Court found:

 

…it is vital and essential that each radio station be sited, designed and oriented in a manner that allows the wireless network to function properly.  A change in the characteristics of an individual radio station, especially the location and height of antennas, could critically impair Telus’ wireless network thereby compromising its performance and reliability.  The application of the East York By-law and the Site Plan By-laws potentially has this effect.

 

Further, the Court found that the by-laws in question had no effect on, and did not apply to Telus’ antenna sites.

 

A link can be drawn between the Telus decision regarding site-plan control and the regulation of telecommunication facilities through the Official Plan or Zoning By-law.  As such, it is appropriate to amend the Official Plan to replace policies that speak to the land use designations which can accommodate telecommunication facilities with a policy that simply refers to a municipal concurrence and public consultation process.  The Zoning By-law is also proposed to be amended through a parallel process, which will also result in the settlement of an appeal to the provisions of the Zoning By-law (ACS2012-ICS-PGM-0056).

 

It is anticipated that City Council will adopt a Municipal Concurrence and Public Consultation Process for Antenna Systems on March 28, 2012 (ACS2012-ICS-PGM-0045). Under the adopted process, Planning and Growth Management staff will review applications for the purpose of providing comments to Industry Canada on potential land use impacts.

However, when an installation is proposed within the municipal right-of-way, Infrastructure Services staff will undertake the review and provide comments on behalf of the City in conjunction with their municipal consent process.

 

Comments provided by the City to Industry Canada and a proponent will take the form of concurrence, conditional concurrence, or non-concurrence regarding individual installations. Certain types of installations will be exempt from municipal review, and where public consultation is required, it will be completely proponent driven.

 

The proposed Official Plan Amendment seeks to remove policies 12 and 13 from Section 3.1 – Generally Permitted Uses, and to replace them with a reference to the City’s Municipal Concurrence and Public Consultation Process for Antenna Systems.

 

 

RURAL IMPLICATIONS

 

Wireless telecommunication towers are currently permitted, by the provisions of the Official Plan, in all land-use designations on Schedules A and B except Natural Environment Areas, Significant Wetlands, and Urban Natural Features or in Flood Plains and Unstable Slopes shown on Schedule K – Environmental Constraints. 

 

This apparent protection of sensitive land use designations, many of which are in the rural area, will be removed through the adoption of this Official Plan Amendment.  However, because these Official Plan policies are inappropriate given the paramountcy of the federal government over the location of telecommunication towers and antennae, the policies do not, in fact, offer any genuine protection.

 

 

CONSULTATION

 

Notice of this City-initiated Official Plan Amendment was carried out in accordance with the City's Public Notification and Consultation Policy.  All City Councillors are aware of this initiative.  The City did not receive any negative comments or opposition relevant to this Official Plan Amendment.

 

 

COMMENTS BY WARD COUNCILLORS

 

No comments were received.

 

 

LEGAL IMPLICATIONS:

 

This Official Plan Amendment will remove redundant and ultra vires, provisions from the Official Plan.  This will prevent a legal challenge to the provisions in the future.

 

 

ACCESSIBILITY IMPACT

 

There are no accessibility implications associated with this report.

 

 

RISK MANAGEMENT IMPLICATIONS

 

As noted, the removal of these provisions of the Official Plan will prevent the possibility of a legal challenge in the future.

 

 

FINANCIAL IMPLICATIONS

 

Based on a review of the 2005 to 2011 Site Plan Control applications for communication towers, this amendment will result in an average revenue loss estimated at $36,000 per year. This will affect Planning and Growth Management’s annual operating status.

 

 

ENVIRONMENTAL IMPLICATIONS

 

There are no direct environmental implications associated with this report.

 

 

TECHNOLOGY IMPLICATIONS

 

There are no direct technical implications associated with this report.

 

 

CITY STRATEGIC PLAN

 

As the purpose of this Official Plan Amendment is simply to update the Official Plan to delete redundant provisions relating to wireless communication facilities, it does not directly further any of the City’s strategic objectives.  It does, however, aim to improve the Official Plan, which is a responsible action that will improve the City’s administration.

 

 

SUPPORTING DOCUMENTATION

 

Document 1    Proposed Official Plan Amendment

 

 


DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON  K1Z 8B5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code:  26-76) of City Council’s decision.

 

Planning and Growth Management to prepare the by-law adopting the Official Plan Amendment, forward to Legal Services, and undertake the statutory notification.

 

Legal Services to forward the implementing by-law to City Council.


DOCUMENT 1

PROPOSED OFFICIAL PLAN AMENDMENT                                                                         

 

Ottawa bw

 

 

 

 

Official Plan Amendment No. XX

 

To the Official Plan of the City of Ottawa

 

 

 

 

 

 

 

 

 

Land use

Utilisation du sol


________________________________________________________________________

 

INDEX

 

 

THE STATEMENT OF COMPONENTS                                                                                   

 

PART A – THE PREAMBLE

Purpose

Location

Basis

 

 

PART B – THE AMENDMENT

Introduction

Details of the Amendment

Implementation and Interpretation

 

 


PART A – THE PREAMBLE

 

Purpose

 

In association with Council’s adoption of the Municipal Concurrence and Public Consultation Process for Antenna Systems, the purpose of this amendment is to update the Official Plan to delete redundant provisions relating to wireless communication facilities.

 

Location

 

This Official Plan Amendment affects the entire area of the City of Ottawa, as shown on Official Plan Schedule A: Rural Policy Plan and Official Plan Schedule B: Urban Policy Plan.

 

Basis

 

While the Official Plan currently contains provisions regulating Wireless Communication Facilities, telecommunications is a federal government responsibility, and these provisions are ultra vires the Official Plan.  

 

Under the Radiocommunication Act (R.S.C., 1985, c. R-2), Industry Canada has the final authority to approve the location of telecommunication towers and antennae. Industry Canada has a process for taking municipal and public concerns into consideration during their review of telecommunications proposals.

 

When an application for a new telecommunications tower is received by Industry Canada, municipalities are requested to comment on the application before Industry Canada makes their decision on the approval of the application.

 

It is anticipated that City Council will adopt a Municipal Concurrence and Public Consultation Process for Antenna Systems on March 28, 2012. Under the adopted process, Planning and Growth Management staff will review applications for the purpose of providing comments to Industry Canada on potential land use impacts. However, when an installation is proposed within the municipal right-of-way, Infrastructure Services staff will be undertaking the review and providing comments on behalf of the City in conjunction with their municipal consent process.

 

Comments provided by the City to Industry Canada and a proponent will take the form of either a concurrence, conditional concurrence, or non-concurrence as regards individual installations. Certain types of installations are exempt from municipal review, and where public consultation is required, it is completely proponent driven.

 

The Department has recommended that this new process replace existing Official Plan, Zoning and Site Plan regulations related to antenna systems.  The Official Plan will be amended to remove redundant provisions and to include reference to the Municipal Concurrence and Public Consultation Process.

 

PART B – THE AMENDMENT

 

1.   Introduction

All of this part constitutes Amendment No. XX to the Official Plan for the City of Ottawa.

 

2.   Details

The Official Plan for the City of Ottawa is hereby amended as follows:

 

1.       The following text is deleted from Section 3.1 – Generally Permitted Uses:

 

“12. Wireless telecommunications towers are permitted in all land-use designations on Schedules A and B, except in Agricultural Resource Areas, Natural Environment Areas, Significant Wetlands, Urban Natural Features or in Flood Plains and Unstable Slopes shown on Schedule K. Wireless Communications Facilities proposed on land designated Agricultural Resource Area are to be located in areas demonstrated to have poorer soil quality. However, when a wireless communication facility is established in a Sand and Gravel or Limestone Resource Area, it will be considered as an interim use pending future extraction of mineral resources. Where new communication facilities, whether publicly or privately operated, are proposed, the City will minimize the number of privately-operated communications facilities in the rural area by: [OPA #76, OMB File # PL100206, November 25, 2011.]

a.  Encouraging proponents to share existing transmission towers in the vicinity to provide the same level of coverage;

b. Encouraging communication companies to collaborate in the design of their coverage so that they can share transmission facilities;

c.  Encouraging companies to size new structures so that they can be shared in the future.[Amendment #14, September 8, 2004]

13.          When reviewing development applications for new communications facilities, the City will ensure that ground level compounds and equipment facilities are attractively designed and screened from public view. [Amendment #14, September 8, 2004]”

 

2.      The following is added to Section 3.1 – Generally Permitted Uses, as Policy 11:

 

              “11. Proponents of new telecommunication facilities must comply with the City of Ottawa’s Municipal Concurrence and Public Consultation Process for Antenna Systems, in accordance with Industry Canada requirements (CPC-2-0-03).”

 

 

3.  Implementation and Interpretation

 

Implementation and interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan.



extract of PLANNING COMMITTEE

Minutes 30

28 FEBRUary 2012

 

extrait Du

ProcÈs-verbal 30

ComitÉ de l’urbanisme

le 28 FÉvRier 2012

 

OFFICIAL PLAN AMENDMENT – wireless TELEcommunication facilities

MODIFICATION AU PLAN OFFICIEL – installations de télécommunications sans fil

ACS2012-ICS-PGM-0053                              City Wide/ à l'échelle de la Ville

 

REPORT RECOMMENDATION

 

That the Planning Committee and Agriculture and Rural Affairs Committee recommend Council approve and adopt an amendment to the City of Ottawa Official Plan to remove redundant provisions relating to Wireless Telecommunication Facilities, as detailed in Document 1.

 

                                                                                                CARRIED

 

 

Committee considered this item in conjunction with Item 4, Municipal Concurrence and Public Consultation Process for Antenna Systems (ACS2012-ICS-PGM-0045)

 

This report will be presented to Council on 28 March 2012 in Agriculture and Rural Affairs Committee Report 16

 


OFFICIAL PLAN AMENDMENT -
wireless TELEcommunication facilities

MODIFICATION AU PLAN OFFICIEL -
installations de télécommunications sans fil

ACS2012-ICS-PGM-0053                            
City-wide / À l'échelle de la Ville

 

REPORT RECOMMENDATION:

 

That the Planning Committee and Agriculture and Rural Affairs Committee recommend Council approve and adopt an amendment to the City of Ottawa Official Plan to remove redundant provisions relating to Wireless Telecommunication Facilities, as detailed in Document 1.

 

At its meeting of 28 February 2012, the Planning Committee considered this item in conjunction with Planning Committee Agenda Item 4, Municipal Concurrence and Public Consultation Process for Antenna Systems, ACS2012-ICS-PGM-0045.

 

At its meeting of 01 March 2012, the Agriculture and Rural Affairs Committee (ARAC) also considered this report in conjunction with ARAC Agenda 18, Item No. 5, Municipal Concurrence and Public Consultation Process for Antenna Systems, ACS2012-ICS-PGM-0045.  The report recommendation was then put to Committee and CARRIED, as presented, with Councillor S. Qadri dissenting.