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STAFF REPORT

December 17, 1999

To: Chairman and Members of the Scarborough Community Council

From: Gary H. Welsh, Director, Transportation Services, Works and Emergency

Services, District 4

Subject: Petition Requesting Noise Barrier on David Drive

Scarborough Highland Creek

Purpose:

This report responds to the petition received from residents of David Drive requesting that a noise barrier be erected, at City expense, between their homes and Highway 401.

Financial Implications and Impact Statement:

There are no financial implications arising from the recommendations of this report.

Recommendations:

It is recommended that Scarborough Community Council receive this report for information.

Background:

In communication with staff of Works & Emergency Services - Technical Services and Urban Planning & Development Services - Buildings, the following background information was obtained.

Dwellings constructed on David Drive adjacent to Highway 401 were considered by the former City of Scarborough as a residential plan of subdivision approved in the late 1980's under Registered Plan 66M-2242. A subdivision agreement was entered into between the City of Scarborough and the owner of the lands (i.e., Viranco Incorporated) dated August 12, 1988. In consideration of the City's approval of the plan of subdivision, the agreement set out various obligations of the owner, such as completion of municipal services and site development within the subdivided lands, all to the satisfaction of the City. Among these obligations was a requirement to provide noise abatement measures.

Comments:

According to the subdivision agreement, a noise study was prepared by Mitchell, Pound & Braddock Ltd., dated June 30, 1987 (supplementary report December 1, 1987), for the Midst of the Green Subdivision, Phase 3, on behalf of Viranco Incorporated. The noise study established the design, location and details of acoustical noise barriers to meet sound level objectives set forth by the provincial Ministry of the Environment. In this case, the owner was obliged to construct the dwelling units to meet certain sound criteria for indoor spaces (i.e., bedrooms, dining or living rooms) facing the primary noise generator (i.e., Highway 401) as well as for outdoor privacy areas. The owner also agreed to construct acoustical noise barriers to the satisfaction of the Commissioner of Buildings in accordance with the design presented in the noise study approved by the Commissioner of Planning.

The owner was further required to provide the following warning clause in offers of purchase and sale for units located adjacent to Highway 401:

"Purchasers are advised that due to increasing volumes of road traffic adjacent to this property and despite the inclusion of noise control features within this development, noise levels may continue to be of concern, and may occasionally interfere with some of the indoor and outdoor activities of the dwelling occupants".

In order for the City to assume ultimate responsibility for subdivisions, certificates of conformance and compliance are required of developers. These certificates are typically prepared by consulting engineers and submitted to the appropriate City department for acceptance and subsequent record. Under the terms of the subdivision agreement for the subject dwellings, noise control certificates were submitted to the Commissioner of Buildings to indicate compliance with and completion of the required noise control measures. These certificates are currently on record with the City in the Municipal Standards division.

Noise barriers have been constructed along various sections of Highway 401 in the Scarborough Community. Several of the barriers were built by developers as part of the subdivision agreements with the former City of Scarborough. A number of noise barriers were built by the Ministry of Transportation as a retro-fit measure adjacent to older residential subdivision areas. The Ministry agreed to construct these barriers due to the significant increase of traffic volume and therefore traffic noise, compared to when these subdivisions were constructed approximately 30 to 50 years ago.

While the traffic volume may have increased marginally on Highway 401 since the houses were built on David Drive, there likely has not been a noticeable change in noise levels.

Conclusions:

The foregoing plan of subdivision was approved by the former City of Scarborough through the appropriate planning review process, which included consideration of noise abatement measures for dwelling units in proximity to Highway 401. Under Ministry of Environment guidelines, developers are required to mitigate noise in new subdivisions so as to achieve acceptable noise criteria for indoor spaces and outdoor privacy areas. A subdivision agreement was entered into between the City and the developer to secure, among other things, the construction of necessary noise abatement measures in conformance with the approved noise study. Purchasers of dwellings were further made aware of potential increases in road traffic and noise level concerns through a clause in the agreement of purchase and sale. Noise control compliance certificates are still on record with Municipal Standards which state that the mitigation measures conform with the approved noise study and requisite Ministry of Environment guidelines.

Contact:

Peter J. Noehammer

Manager, Traffic Planning & Right-of-Way Management, Works and Emergency Services

Tel: 396-5670

Fax: 396-5681

E-Mail: noehammer@toronto.ca

Gary H. Welsh

Director

Transportation Services

Works and Emergency Services

District 4

PJN:ca

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