Petition Requesting Noise Barrier on David Drive
(Ward 16 - Scarborough Highland Creek)
The Scarborough Community Council recommends that City Council
request the Commissioner of Works and Emergency Services to direct
appropriate staff to work with the David Drive residents and the
Councillors for Ward 16 - Scarborough Highland Creek with a view to
requesting the Ministry of Transportation:
(1) to undertake a Noise Study to determine the level of noise
experienced by residents of David Drive; and
(2) to extend the existing acoustical barrier (see Figure 1) or
implement other noise mitigating measures, including
landscaping.
The Scarborough Community Council reports having received the
following report (December 17, 1999) from the Director of Transportation
Services, District 4:
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 and Emergency Services - Technical
Services and Urban Planning and 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
_________
Mr. Eugene Guido appeared before the Community Council in connection with the foregoing
matter. Mr. Guido previously delivered a 29-signature petition from residents on David Drive
requesting the implementation of noise control measures, including a barrier, between their
homes and Highway 401, the original of which is on file in the Office of the City Clerk,
Scarborough Civic Centre.