Etobicoke townhouse plans to come with a noise warning
City, developer, transit agency struck deal to allow disputed development near railyard
New townhomes built near a busy GO rail yard in Etobicoke must come with noise warnings for new purchasers, an agreement approved by city council says.
The notices are part of a settlement that was reached between the city, Dunpar Homes and Metrolinx, the provincial transit agency that operates the rail yard.
The deal was struck late last month and approved by city council at its last meeting, which heard secret advice from the city’s lawyers, seen by the Star, to accept the deal.
The details of the settlement have now been published.
It must still be approved at the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), a board which hears most of the land-use planning disputes. A hearing begins this week. The settlement was reached nearly two years after council ignored the unequivocal advice from city and provincial officials who wanted them not to allow the 72-unit residential development on the Judson St. site, near Royal York Rd. in Mimico.
The proposed townhomes sit just north of the Willowbrook rail-maintenance facility along the rail line, which is expected to do work around the clock.
The expected activity will produce light and noise, and involve the revving of engines and testing of brakes.
The terms agreed to would see Dunpar pay Metrolinx $250,000 for noise-mitigation measures at the rail yard. Dunpar would also install sound barrier walls and upgraded windows for soundproofing.
The mandatory notice to prospective residents, which would be registered on the title of the home, will warn them that GO will not be responsible for any complaints or legal claims related to work in the yard or their right-of-way next to the development.
Despite mitigation measures, noise may still bother residents who would be “advised to close the windows,” the notice will read.
Faced with future development applications, the city has also negotiated that the policy for the area should have council ensure any measures to deal with noise and other concerns are secured before approving any new development application.
Allowing residential neighbourhoods closer to the yard, council heard, could cause legal trouble that would prevent the rail facility from operating as required. Council was told it could affect the province’s plans to expand and electrify GO rail service, which is essential to Mayor John Tory building six new stations in what remains of a much-revised, 2014 campaign promise to build a “SmartTrack” service.
“The Willowbrook yard is a critical, critical facility for delivering on RER and SmartTrack,” former chief planner Jennifer Keesmaat told council in June 2016.
Keesmaat warned the townhomes would not be “livable.” Local councillors Mark Grimes and Justin Di Ciano, who has ties to the developer, successfully pushed to see the townhome proposal approved, saying it would get rid of the cement-batching plant that had drawn the ire of existing residents.
The vote was 20 to 16 to allow the townhome development. Tory voted in favour despite the concerns about the GO expansion and SmartTrack plans.