DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engineering
	PREPARED BY:	Alan Laver
	DATE OF MEETING:	2003-Jun-17
	SUBJECT:	Merano Subdivision (65M-3600) Noise Attenuation

RECOMMENDATION:

THAT the Mayor and Clerk be authorized to execute an amendment to the Merano Developments Inc. subdivision agreement dated August 1, 2002 for the phasing of the noise attenuation requirements based on the following principles;

• The Developer (Merano) shall install all internal noise mitigation as required to attenuate noise impacts from the Go Rail use

• Merano shall undertake mechanical revisions to the Assinck mechanical equipment as outlined in the noise study prior to occupancy of homes in the subdivision
• The installation of the attenuation fencing (7 metre and 4 metre high) at the rear of the Assinck property be deferred
• Merano shall undertake a noise monitoring program to the satisfaction of Director of Engineering to monitor noise levels until the Acceptance for Maintenance of the Subdivision by the Town
• If prior to Acceptance for Maintenance by the Town the noise levels from the Assinck property are a concern to residents or the Town, Merano shall install the noise wall as and when directed by the Director of Engineering
• If at the Acceptance for Maintenance stage the source of the noise has ceased to exist and/or the monitoring indicates noise levels acceptable to the Town, the noise wall not be installed
• Merano to acknowledge and agree that should the noise wall no longer be required, the Town shall draw on the letter of credit held for this item up to a maximum of $100,000 and such funds shall be used by the Town at its discretion for the Main St. Markham Streetscape improvements.
• Merano to indemnify the Town of Markham for any claims arising from the above.

PURPOSE:

The purpose of this report is to seek Committee and Council authorization to amend the Merano subdivision agreement to re-evaluate the requirement for construction of an external noise wall required due to an off site industrial noise source (Assinck Limited), based on the status of that property and corresponding noise levels.

BACKGROUND:

Merano Developments Inc.(Merano) entered into a residential subdivision agreement with the Town dated August 1, 2002. The Merano subdivision, located in the Greensborough Planning District, (Figure1) has proceeded and houses are now under construction with occupancies anticipated this summer. As a condition of the agreement Merano is required to undertake the following noise attenuation as noted in Figure 2;

a) Construct an off site noise wall to shield the homes in the subdivision from noise generated by an existing industrial use at 9577 Hwy #48 (Assinck Limited) which manufactures aggregate conveyor systems.

b) Modify the noise levels from Assinck crane equipment.

c) Install noise fences to mitigate Go Rail noise.

d)

The noise requirements were identified in a noise study prepared by the developer’s consultant and was peer reviewed for the Town. The recommendations were outlined in the subdivision agreement as per Attachment ‘A’ and security in the amount of $137,370 has been retained by the Town of Markham to ensure the work is completed.

The Developer has requested the Town defer installation of the wall based on their understanding that the Assinck property has been recently marketed for sale, and the specific industrial manufacturing use may change in the near future. As more development occurs in the area Town staff envision that most of the lands in the area between Hwy 48 and the Go line north of 16^th Ave will shift to commercial/office uses. These potential uses would not require noise mitigation and would make the noise wall redundant.

The Go noise and Assinck crane mitigation measures will be installed prior to occupancy, as per the subdivision agreement.

DISCUSSION:

The proposal to defer the construction of the Assinck noise wall and reconsider its need at the Acceptance of Maintenance Stage would allow an approximate 2 year period to determine if the land use is going to change on the Assinck property. Merano will also be required to monitor the noise source during the deferral period and will be required to install the wall should it be determined at any time during the ± 2 year period that noise levels become a concern to future residents in this area.

If it is determined that the wall is not required Merano has agreed to make a cash contribution to the Town in an amount equivalent to the cost of the wall (approximately $75,000 to $100,000), to be used by the Town for streetscape improvements to Main Street Markham.

Merano will be required to indemnify and save harmless the Town with regards to their proposal to defer the wall and will also be required to execute an amendment to the existing subdivision agreement.

It is staff’s opinion that subject to the above noted principles being incorporated into a legally binding amendment to the subdivision agreement, the proposal can be supported. The proposal also offers an opportunity to provide funding for the Main Street streetscaping in the event that the noise wall is determined not to be required.

FINANCIAL CONSIDERATIONS:

There are no new financial considerations resulting from this report.

BUSINESS UNITS CONSULTED AND AFFECTED:

Planning and Legal departments have reviewed the report

ATTACHMENTS:

Figure 1-Location Plan

Figure 2-Site Plan

Attachment ‘A’-Subdivision Agreement Conditions

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services