That the Economic and Development Services Committee recommend to City Council:
Whereas, Bruce Street Developments Limited (“Medallion”) intends to construct a 22 storey apartment building and a 10 storey apartment building connected by a 4 storey podium featuring a combined total of 509 units at the northwest corner of 135 Bruce Street (Phase 1) (see Attachment 1); and,
Whereas, Medallion submitted an Environmental Noise Assessment prepared by Valcoustics Canada Ltd. (“Valcoustics”) which assessed the impact of nearby roads and stationary noise sources on the proposed development; and,
Whereas, Valcoustics’ noise assessment predicts that sound levels exceeding the Ministry of the Environment, Conservation and Parks’ (M.E.C.P.) noise guidelines for a Class 1 Area would be experienced at the apartment units due to the noise emitted by mechanical equipment and truck delivery activities at the Tribute Communities Centre; and,
Whereas, Bousfields Inc. on behalf of Medallion submitted a letter dated November 15, 2023 to the City requesting the City classify Phase 1 of Medallion’s development as a Class 4 Area in accordance with M.E.C.P. guidelines since the development cannot satisfy Class 1 Area sound level limits (see Attachment 2); and,
Whereas, the M.E.C.P. Publication NPC-300 Environmental Noise Guideline – Stationary and Transportation Sources (the “Guideline”) provides advice, sound level limits and guidelines that may be used when land use planning decisions are made, and are intended to minimize the potential conflict between proposed noise sensitive land uses and stationary sources of noise emissions; and,
Whereas, the Guideline defines Class 1 Areas as those with an acoustic environment typical of a major population centre, where the background sound level is dominated by the activities of people and usual traffic, often referred to as “urban hum”; and,
Whereas, a Class 4 Area is an acoustical environment that would otherwise be defined as Class 1 or 2 and where higher daytime and nighttime sound limits from that otherwise permitted in an urban area, for both indoor and outdoor areas, may be considered, and which is intended for development with new noise sensitive land uses that are not yet built, and has formal confirmation by the land use planning authority; and,
Whereas, the Guideline allows receptor based noise control measures to be accounted for through measures such as closed exterior doors and windows and specific construction techniques/materials for Class 4 Areas only; and,
Whereas, Valcoustics’ noise study concluded that the proposed development would satisfy the daytime and nighttime sound limits for Class 4 Areas subject to warning clauses being provided to occupants of the apartment units; and,
Whereas, the Economic and Development Services Department retained H.G.C. Engineering, a professional stationary and transportation engineering consultant, to conduct a third party peer review of Valcoustics’ noise study and the Class 4 Area request on behalf of the City and at the cost of Medallion; and,
Whereas, H.G.C. Engineering reviewed the noise study and agreed with the final conclusions and recommendations of Valcoustics and the Class 4 Area request; and,
Whereas, the site plan agreement for Medallion’s development will require warning clauses for occupants and will require all units to be supplied with an air conditioning system so that windows and exterior doors can remained closed when exterior sound levels are elevated;
Therefore be it resolved that Phase 1 of Bruce Street Developments Limited’s residential development at 135 Bruce Street contained in Site Plan application file SPA-2022-23 is hereby classified as a Class 4 Area as defined in the Ministry of the Environment, Conservation and Parks Publication NPC-300 (Environmental Noise Guideline – Stationary and Transportation Sources).