DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Nilesh Surti, Planner ext. 4190

South District Team

 

 

 

 

DATE OF MEETING:

2004-Mar-02

 

 

 

 

SUBJECT:

Application by Hydro One Networks Inc. for site plan aproval for a new transformer station to be located on the north side of 14th Avenue, west of Warden Avenue and South of Highway 407

 

 

 


                          

RECOMMENDATION:

THAT the report entitled “Application by Hydro One Networks Inc. for site plan aproval for a new transformer statation to be located on the north side of 14th Avenue, west of Warden Avenue and South of Highway 407”, be received;

 

THAT the site plan application to construct the Parkway Transformer Station in two phases, including two relay buildings with gross floor areas of 506 m2 and 646 m2 in Phase 1 and two transformers in each phase, be approved subject to the following conditions:

 

1.      The Owner shall enter into a site plan agreement with the Town containing standard provisions and all requirements of Town Departments and external agencies, including any relevant requirements noted below;

 

2.      Prior to the execution of site plan agreement, the Owner shall submit:

 

a.       final drawings, and comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

b.       a detailed Landscape Plan, prepared by a Landscape Architect having O.A.L.A membership, to the satisfaction and approval of the Director of Planning and Urban Design;

 

c.        an updated tree inventory and preservation plan to the satisfaction of the Director of Planning and Urban Design; and

 

d.      site servicing drawings, grading drawings, municipal connections design, a stormwater management design brief, and detailed chamber plans for the gravelled yard and containment area.  Drawings are to be prepared by a Professional Engineer with a Certificate of Authorization from P.O.E to the satisfaction of the Director of Engineering;

 

4.3.      The Owner shall ensure the Town’s trunk sanitary sewer currently crossing the site is adequately protected and accessible during all phases of the construction.  The Owner shall be responsible for all associated costs in the event that the existing manholes need to be raised.  The design of the site grading and servicing shall also ensure that long-term maintenance access to the sewer manholes is provided to the satisfaction of the Director of Engineering;

 

5.4.      The Owner shall convey to the Town, free of costs and encumbrances, new easements for access and maintenance of the new stormwater management ponds and drainage channels. Prior to the existing Town easements within the area to be gravelled and fenced to accommodate the transformers being released, the replacement and new easements shall be in place to the satisfaction of the Director of Engineering;

 

5.      Prior to the release of the existing Town easements within the area to be gravelled and fenced to accommodate the transformers, the Owner shall enter into an agreement with the Town to provide for any appropriate public park/open space arrangements compatible with the electrical facilities on the lands, and to construct public pathways therein, all at no cost to the Town, to the satisfaction of the Director of Planning and Urban Design;

 

6.      The Owner shall convey to the Town, free of costs and encumbrances, the land required for the right-of-way of future Miller Avenue extension in the location determined by the Class Environmental Assessment.   Hydro One further agrees that this conveyance will be completed within 6 months of receipt of written notice from the Town that the Environmental Assessment has been completed and that land conveyance is required;

 

7.      The Owner shall obtain all necessary permits from the Toronto and Region Conservation Authority and the Ministry of Natural Resources;

 

8.      The Owner shall obtain comments from and satisfy any requirements of the Canadian National Railway with regard to drainage, grading and setback requirements;

 

9.      The Owner shall make arrangements with the Town to install any service connections within the Town’s right-of-way or easement as determined by the Director of Engineering.  The Owner shall use a Town approved contractor prior to commencement of such work;

 

10.  The Owner shall route the transmission lines from the Parkway Transformer Station to the Richmond Hill Transformer Station along the north side of the existing Hydro Corridor;

 

7.11.  The proposed site entrance from Rodick Road shall be aligned with the existing Miller Avenue to form a 90 degree four leg intersection and the entrance must be constructed to Town standards within the municipal road allowance.

 

THAT the Owner shall obtain any necessary approvals and permits from the Department of Fisheries and Oceans, Ministry of Natural Resources, Toronto and Region Conservation Authority and any other relevant agencies, as applicable to each phase of this development.

 

THAT the Director of Planning and Urban Design be authorized to request the Region of York to modify OPA No. 112 to reflect the proposed uses of the Hydro One lands;

 

AND THAT the Council resolution of 26 June 2003, which requested the Ministry of Municipal Affairs and Housing to amend the Parkway Belt West Plan and the Minister’s Zoning Order (O.Reg. 473/73) to delete lands within OPA No. 112, be modified to exclude the Hydro lands as appropriate.

 

PURPOSE:

This report provides background information and recommends site plan approval, subject to conditions, for a proposed transformer station (Parkway TS) located on the north side of 14th Avenue, west of Warden Avenue and south of Highway 407.  The report also addresses communication with the Region of York and the Ministry of Municipal Affairs with regard to the Hydro One lands as it relates to OPA No. 112. 

 

BACKGROUND:

Hydro One is a business corporation owned by the province of Ontario

Hydro One is a business corporation which is fully owned by the province of Ontario. Hydro One representatives have agreed to comply with municipal requirements arising from the site plan approval process, and to enter into any necessary agreements.  They have also indicated that they intend to file all appropriate building permit applications related to the facility. 

 

Subject Property

This 69 ha (170.5 acres) site is located on the north side of 14th Avenue, west of Warden Avenue and south of Highway 407 (See Figure 1 and Figure 3).  An existing east-west hydro corridor traverses the north portion of the property and a north-south hydro corridor crosses the northwest corner of the property.  The site consists predominantly of open meadow and is currently vacant, with the exception of hydro transmission lines and associated towers within the existing hydro corridors on the lands and a 1.6 ha. fenced dog leash free area at the northwest corner of the site which is leased and operated by the Town.

 

There are two main watercourses, the west and east tributaries, flowing from south to north through the site, converging to become the South Beaver Creek Tributary, which crosses Highway 407 and enters Beaver Creek, a tributary of the Rouge River.  Both these tributaries exist for the most part as man-made channels with little or no meander.  The west tributary has been designed with in-stream stormwater retention capabilities to serve certain industrial lands on the south side of 14th Avenue.  There is also a third minor tributary branching off the west tributary and flowing west which is to be designed to accommodate certain stormwater management functions.  All of these water courses are identified as valleylands on Schedule ‘I’, ‘Environmental Protection Areas’ as modified by OPA No.112.

 

The site also features a number of tree covered areas and hedgerows which are also identified on Schedule ‘I’, as modified by OPA No.112., as ‘Woodlots and other significant vegetation communities’ and ‘Hedgerows’.  

 

Adjacent Land Uses

To the north of the subject property is Highway 407.   Along the south side of Highway 407 lands are protected for the proposed 407 transitway and the associated Warden Avenue transitway station as well as the future Miller Avenue extension as discussed later in this report.     Immediately east is Warden Avenue and CN Railway track, beyond which are industrial/commercial buildings.  South, across 14th Avenue, are commercial/industrial buildings.  To the west is an existing north/south hydro corridor which crosses the northwest corner of the property.  Located further west are a concrete manufacturing plant and other industrial buildings (See Figures 2 & 3).

 

Proposal is to construct a new transformer station and transmission lines

The proposed transmission facilities are comprised of a new transformer station (“Parkway TS”), including two transformers, and a new transmission line.  The transformer station will accommodate extensive gravelled yards (approximately 24 ha.) as well as two relay buildings with gross floor areas of 506 m2 and 646 m2, respectively (See Figure 4 & 5).    The new 6.5 km transmission line will connect Parkway TS to the existing Richmond Hill TS, located northwest of Highway 7 and Bayview Avenue, and is to be routed along the north side of the existing hydro corridor. 

 

To accommodate the footprint for the new transformer station, the existing tributaries that traverse the site will be realigned in two stages.  The first stage includes relocating the west tributary further west. This relocated tributary will be designed to serve stormwater management functions.  The east tributary will also be temporally diverted around the northeast corner of the station footprint.  It is Hydro One’s intent to complete the relocation of both of these tributaries by March 31, 2004, subject to satisfying the requirements of the TRCA, M.N.R and the Federal Department of Fisheries (DFO).

 

Hydro One has agreed to construct a new stormwater management pond by September 2004, on the east side of the property between the gravelled yard and the CN Railway tracks.  This pond will serve a large portion of the industrial area on the south side of 14th Avenue.  Also by September 2004, the east tributary is to be permanently relocated, and designed as a meandering creek, out flowing from the new stormwater management pond to the west creek. The proposed natural / meandering design of this watercourse is a requirement of the D.F.O., the M.N.R. and the TRCA, to compensate for the potential loss of fish habitat in the west and east tributaries resulting from the channel works.  The alignment of this watercourse, as shown in Figure 6, will have to be modified to accommodate the future transitway and Miller Avenue extensions. 

 

There will be two vehicular access points into this site.  The primary access will be off of 14th Avenue and a second access will be constructed off the Rodick Road / Miller Avenue intersection (to be used for emergency purposes).  During construction, the 14th Avenue access will be used by construction workers, while the Rodick Road access will be use to bring in heavy equipment.  In addition, some of the heavy equipment such as the transformers are intended to be brought to the site directly from the CN Railway track along the east side of the property.

Hydro One will provide 4 parking spaces along the south side of the 230 kV relay building for Hydro operations personnel. 

 

First phase of the Parkway TS is proposed at this time.

There are two phases proposed for the new transformation station site.  The first phase includes two transformers, the first of which will be energized by April 2005 and the second will be functional by 2006.  Also, part of the first phase will be the construction of two relay buildings. The second phase will consist of two additional transformers and is expected to be installed by 2012.  No new buildings are proposed as part of the second phase.  The transformers in the second phase will be located within the currently proposed gravelled area and in close proximity to the transformers in the first phase.    

 

Need for a new Transformer Station

The 10-year Outlook Report by the Independent Electricity Market Operator identified emerging constraints that will affect the reliability of electricity supply to portions of the GTA.  Hydro One has determined that the proposed transformer station is required to meet the rapid growth in electricity demand in the area.  The new line is required to provided adequate supply capacity as the existing circuits are reaching their limits.  The proposed location for Parkway TS represents a “natural hub”, as the 230 kV transmission lines running north/south and east/west in the area intersect at this site.  In addition, the schedule to construct the proposed Parkway TS was advanced to accommodate the planned shutdown of the Lakeview Generating Station which uses coal to generate electricity and which is scheduled to cease operation at the end of April 2005.  To ensure the reliability of long term electricity supply in the GTA area and to urgently address supply requirements in 2005 resulting from the retirement of Lakeview Generating Station the construction of the new transformer station at this time is considered essential by Hydro One.

  

Hydro One Networks Inc. has received approval from the OEB to construct Parkway TS

On December 23, 2003, Ontario Energy Board (OEB) approved an application by Hydro One Networks Inc. requesting exemption from the requirements of Section 92 of the Ontario Energy Board Act, for the construction of the Parkway Transformer Station.  Section 92 of Ontario Energy Board Act, would have required Hydro One to go through a more extensive public process to obtain the necessary permission to construct the proposed facilities.  Given the urgency to construct the proposed Transformer Station, as a result of the closing of the Lakeview Generation Station, the OEB exercised its powers under the Act to grant Hydro One the said exemption.

 

The exemption granted by the OEB is subject to a number of conditions including that the exemption authorized by the Board shall expire by March 31, 2004, unless construction of the project has commenced prior to then, and that Hydro One shall obtain all necessary easement rights prior to commencement of construction.

 

 

OPTIONS/DISCUSSION:

Official Plan

The Official Plan designates the site as “Parkway Belt West”.  The development of lands within this designation is governed by The Parkway Belt West Plan (PBWP), which supersedes the Town’s Official Plan policies.  Section 2.2.2.5 ii) of the Official Plan states that “A future transformer station is proposed by Ontario Hydro on its lands north of 14th Avenue and west of Warden Avenue.  The Town supports opportunities for naturalized planting and will work with Ontario Hydro to ensure natural areas and communities are incorporated upon construction of the future station.”  As part of their development, Hydro One is proposing an extensive landscaping treatment on surplus lands.  As discussed later in this report, these lands could be made available for use as public open space.   

 

More recently, the subject lands were included in OPA No. 112, adopted by Council in June 2003. The Amendment proposed a redesignation of the lands in the Official Plan from Parkway Belt West to Industrial, in support of an earlier request to the Province to delete the lands from the designated area of the PBWP and the Minister’s Zoning Order to permit its development for business park purposes. This proposal was intended to increase the limited supply of land within the Town available to accommodate growth in business park employment in the short term.

 

Hydro One has now made it clear that it does not support the removal of the lands from the PBWP and that none of the lands will be available for business park use. On January 20, 2004, staff advised the Development Services Committee that in view of the Hydro One position it would be appropriate to request the Region to modify OPA No. 112, to not amend the Parkway Belt West designation as originally proposed in the Amendment.  It would be appropriate to also request the Ministry of Municipal Affairs to exclude the Hydro One lands from the earlier request to amend the Parkway Belt West Plan and the Minister’s Zoning Order.  Resolutions to this effect are included in the recommendation section.

 

Zoning

The southerly half of the site is zoned Rural Industrial (M4) under Zoning By-law 2402, as amended.  The northerly half of the site is zoned Open Space One (O1) and Agriculture One (A1) under by-law 304-87, as amended.  However, the entire site is subject to the Minister’s Zoning Order (Parkway Belt), which supersedes the Town’s Zoning By-laws. 

 

Public Open House held in November 2003

On November 25, 2003, Hydro One hosted a public open house to provide information about the project and to collect feedback from local residents and other interested stakeholders.  The public open house was held at St. Robert Catholic High School.  Ads where placed in the Markham Economist, Toronto Star and Richmond Hill/Thornhill Liberal.  A total of 5340 notices were delivered to residents and owners of commercial properties located along the Hydro One right of way between Warden Avenue and Richmond Hill.   Approximately 35 local residents attended the public open house and 17 comment forms were filled in.  Hydro One also received a number of comments following the open house.  The following are the key issues/comments raised by the public regarding the transformer station and transmission lines:

 

  • The residents favoured the northern route option for the new transmission line. 
  • Residents were in favour of steel pole towers, instead of lattice pole towers.
  • Concerns regarding potential impact on property values and quality of life were raised.

 

With respect to the first two bullet points above, Hydro One has indicated that their decision to route the transmission line along the north side of the hydro corridor, as far away from the residential properties as possible, was in response to public comments and that they will be using the more aesthetically pleasing steel pole towers favoured by the residents wherever possible.  Lattice pole towers will be necessary wherever a turn in the transmission line is required.  Attached in Appendix ‘A’ is a table prepared by Hydro One summarizing all the issues raised by the public and other stakeholders, including the concerns regarding property values and quality of life, and Hydro One’s responses to the public concerns / comments.

 

Lands required for the Miller Road extension will be conveyed to the Town following E.A.

The Town’s long term infrastructure plans include a new minor collector roadway extending easterly from Rodick Road, across the Hydro One Networks lands, to cross under Warden Avenue and connect to the future Birchmount Road extension. The final alignment of this road will be determined through a Municipal Class Environmental Assessment tentatively scheduled to be undertaken by the Town in 2006.  However, it is envisioned that the road will form an easterly extension of Miller Avenue and will generally lie along the south side of the proposed Highway 407 transitway corridor across the Hydro One property.  As part of this site plan approval Hydro One has agreed to convey to the Town the land required for the right-of-way of Miller Avenue extension.  Hydro One is to complete such conveyance within six (6) months of receipt of written notice from the Town that the Environmental Assessment has been completed and that the road right-of-way conveyance is required.  A provision to this effect will be included in the site plan control agreement.

 

Rodick Road Site Entrance to be aligned with Miller Avenue

Hydro One has indicated that an access to the site will be provided from Rodick Road in the vicinity of the existing Miller Avenue intersection. The Town is currently undertaking the construction of the Rodick Road extension across Highway 407, which will significantly increase traffic volumes in the area of this entrance. To ensure the safe and efficient movement of traffic through this area, the proposed Hydro One entrance will be required to align with the existing Miller Avenue to form a 90 degree four leg intersection.

 

Existing Town easements must be replaced

As noted above the existing east and west tributaries require relocation to accommodate the gravelled area for the transformer station.  The Town has existing easements over these tributaries for maintenance and access purposes related to stormwater management facilities.  These easements must be relocated in consultation with the Town, and allow for ongoing access by municipal maintenance vehicles.  As a condition of site plan approval, Hydro One will be required to replace the existing easements with new easements to the satisfaction of the Director of Engineering.  It should be noted that new easements for maintenance and access purposes will also be required over the new east stormwater management pond as well as east-west tributary at the northwest corner of the site which, as noted above, also serves certain stormwater management functions. 

 

Off-road bike and pedestrian corridors are proposed

Hydro One has also agreed to staff’s request to construct an off-road bike / pedestrian corridor through the Hydro lands linking the Rodick / Miller Road intersection to 14th Avenue, more or less along the relocated west channel and stormwater management pond.  Also, another bike / pedestrian corridor is being investigated preferably in the vicinity of the proposed naturalized channel along the east and north sides of the site.  This latter corridor would be dependent on the Town’s decision with respect to the public open space / park arrangements discussed below. The details of the pedestrian / bike paths remain to be addressed and are expected to be finalized prior to the execution of the site plan agreement.

 

Extensive landscaping is proposed

To accommodate the Transformer Station and the necessary realignment of the tributaries, a significant amount of existing vegetation will be removed.  Hydro One is proposing an extensive landscaping treatment to replace the lost vegetation and to mitigate the visual impacts of the transformer station and the hydro poles.  The following landscaping measures are proposed:

 

  • 25 meter wide streetscape buffer including a minimum 2 metre high berm along 14th Avenue with a mix of deciduous shrubs and trees and evergreen trees.
  • Upgraded fencing along the 14th Avenue frontage may be provided should the streetscape buffer be insufficient to screen the operation area form the street.  The need to have upgraded fencing will be determined prior to finalization of the landscape plans.
  • To the east of the gravel yard a woodland succession regeneration area or an ‘ecological park’ is proposed.  The woodland succession is to offset loss in tree cover due to the installation of the Hydro One facility and assist in naturalization of the new man-made stormwater management pond system.  Native seedlings mixed with larger caliper material will be used to create the woodland succession planting areas and for fisheries habitat enhancement.  This area will also function as a wild life habitat.     
  • Along the Warden Avenue frontage a linear screen is proposed consisting of larger caliper salt tolerant trees along the middle and bottom of the Warden Avenue side slopes.  Planting in this area will be subject to York Region approval.
  • A mix of continuous large caliper deciduous and evergreen trees are expected to be utilized to provide some screening of the Hydro facilities from Highway 407.  The location of such screening will be determined having regard for the proposed transitway and Miller Avenue extension right-of-ways. 
  • In the northwest area of the site an orchard and prairie landscape is proposed consisting of mainly small to medium sized deciduous trees.
  • The existing pine plantation will be retained wherever possible around the relocated stormwater management pond.  As well, the relocated stormwater management pond will be restored and regenerated to previous and/or better conditions with riparian planting.
  • Preserve the existing mature vegetation wherever feasible.  

 

Hydro One has indicated a willingness to enter into a ‘park licence’ agreement or other appropriate arrangements with the Town for the surplus lands (approximately 45 ha.), outside of the fenced gravelled yard, to be used as public open space.  Through such an agreement, the general public would have access to these lands for passive recreational activities.  However, prior to entering into any park or open space arrangements staff would have to review the implications to the Town of such an arrangement including any possible maintenance and operational costs, liabilities etc affecting the Town.  The proposed park/open space arrangements and the construction by the applicant of the public bicycle/pedestrian pathways would be considered to be in lieu of payment of cash-in-lieu of parkland.  In the event the said public open space and public pathway arrangements are not finalized to staff’s satisfaction,  the matter of cash-in-lieu of parkland will be reconsidered.  As a condition of site plan approval the applicant will be required to enter into an agreement with the Town to provide for the public pathways and appropriate public open space / park arrangements.

 

Additional issues identified by the consultant retained by the Town

Peter Faye, former general manager of Markham Hydro, was retained by the Town to review Hydro One’s proposal from a technical perspective.  Mr. Faye provided detailed comments with respect to the general design and layout of the proposed transformer station, security measures, effect on local network system, potential environmental and community concerns, and aesthetic appearance.  Attached, as Appendix ‘B’ is a copy of Mr. Faye’s letter outlining his comments as well as Hydro One’s response addressing the issues raised.  Hydro One has addressed all of the issues raised by Peter Faye to the satisfaction of staff.

 

Topsoil removal permit is not required

Typically a project site over three (3) acres would require the Owner to obtain a topsoil removal permit from the Town.  However, a provision in the Topsoil By-law, provides that a permit will not be required for “the removal of topsoil as an incidental part of any construction for which leave to construct has been granted pursuant to the Ontario Energy Board Act.”  As noted above, Hydro One Networks Inc. has received approval under the Ontario Energy Board Act, with respect to the construction of Parkway TS.  Therefore, Town approval for topsoil removal is not required.

 

Site plan approval is recommended subject to conditions

As stated above, two relay buildings are to be constructed within the gravelled yard.  The proposed buildings are single storey in height and will have masonry (brick) exterior with metal doors.  The closest building to a public road right-of-way will be approximately 125 m (410 ft.) away.  Due to the distance and landscape buffering around the site the buildings are not expected to have high visibility from any public roads/highways and are considered acceptable.    

 

Hydro One has an aggressive construction schedule and seeks expedited site plan approval.  The general layout of the site is necessary as proposed to satisfy the requirements of Hydro One, the Town and the various external agencies such as M.T.O., T.R.C.A., M.N.R., and D.F.O.

 

Hydro One has worked with the Town to provide many public benefits as part of this site development such as the east stormwater management pond and other stormwater management facilities, pedestrian / bicycle paths and the right-of-way for the Miller Avenue extension.  If deemed appropriate by the Town an open space / park arrangement for the surplus lands could also be entered into.  In addition, extensive landscaping and environmental works are being proposed to mitigate the negative aesthetic and environmental impacts of the proposed development.

Staff recommend that site plan approval be granted subject to the conditions outlined above.    

 

FINANCIAL CONSIDERATIONS:

No financial implications at this time.

 

ENVIRONMENTAL CONSIDERATIONS:

The Toronto and Region Conservation Authority (TRCA) has reviewed the site plan application and advised that the project could achieve environmental and stormwater management gains to the Rouge River if conducted properly.  Therefore, the TRCA has indicated that they have no objection to site plan approval, subject to the applicant receiving all necessary permits from the TRCA.  The TRCA has advised that they will work with the applicant to review the necessary drawings during the various stages of construction to provide permits as appropriate. The TRCA has further advised that they will also coordinate with the DFO to facilitate the provision of a letter of authorization for the project. 

 

TRCA has verbally advised that the applicant is proceeding to deal directly with the MNR to satisfy their requirements.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

This application was circulated to all Town departments and external agencies, and their conditions and comments have been included into the report.  Further discussions will occur with the Parks Operations unit of the Community Services Commission in regard to the proposed ‘park licence’ arrangements.

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services


FILE PATH:   Q:\Development\Planning\APPL\SITEPLAN\04006439 Parkway TS\Hydro One - final report.doc

 

ATTACHMENTS:    Figure 1 – Location Map

                                    Figure 2 – Area Context and Zoning

                                    Figure 3 – Aerial Photo

                                    Figure 4 – Site Plan

                                    Figure 5 – Elevation

                                    Figure 6 – Landscape Plan

                                    Appendix ‘A’ – Issues Identified by Hydro One

                                    Appendix ‘B’ – Consultant’s Letter and Hydro One’s Response

 

OWNER:                    Lake Singh

                                    Hydro One Networks Inc.

                                    483 Bay Street, South Tower, 8th Floor

                                    Toronto ON  M5G 2P5

Tel:  416-345-6252

Cell: 647-224-6252

Fax: 416-345-5424

 

Figure 1