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HomeMy WebLinkAboutCSD-15-033 - Bingemans - Ever After Music Fest - Noise Exemption Staff Report I rTC'.�► t .R Community Services Department wmkitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 20, 2015 SUBMITTED BY: Shayne Turner, Director of By-law Enforcement, 519-741-2200, ext. 7753 PREPARED BY: Shayne Turner, Director of By-law Enforcement, 519-741-2200, ext. 7753 WARD(S) INVOLVED: 1 DATE OF REPORT: April 8, 2015 REPORT NO.: CSD-15-033 SUBJECT: NOISE EXEMPTION REQUEST — EVER AFTER MUSIC FEST - BINGEMANS RECOMMENDATION: That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted for the Ever After Music Fest, to be held at Bingemans Center on May 30 and 31, 2015, between the hours of 12 noon and 11:00 PM, each day. This exemption is subject to the following conditions, which, if not complied with, will render the noise exemption null and void: a) There shall be no offensive language, in the opinion of City staff, generated from this music festival, audible in any adjacent residential neighbourhood. b) The event organizers will ensure that there is an on-site contact person accessible to correspond with City staff at all times during the event; and c) The event organizers agree to respond accordingly to requests from City staff, during the event, in order to address community concerns that may arise with regard to the impact of noise heard within adjacent residential areas. BACKGROUND: An event, known as the Ever After Music Fest, is scheduled to be held at Bingemans Center, at 425 Bingemans Center Drive, on Saturday May 30 and Sunday May 31, 2015, between the hours of 12 noon and 11:00 PM, each day. The event consists of a series of DJ's playing recorded music. This event will be held in an outdoor venue on the property. As such, the event organizers have requested an exemption from the City's Noise By-law, Chapter 450 of the City's Municipal Code. ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7 - 1 REPORT: The event organizers have indicated the potential attendance to be as high as 40,000 people over the 2 day event. Although not subject to this exemption, events of a similar nature in other communities have resulted in concerns being raised with respect to the safety and well-being of event patrons. It is staff's understanding that the event organizers have engaged the appropriate agencies relative to an event of this magnitude. Attached is a site plan indicating the event venue. The stage is situated so that it is directed (facing) towards Bingeman Center Drive and Victoria Street. Thus, it is anticipated that the area potentially impacted by noise will be the residential area on the opposite side (east) of Victoria Street. The event organizers report that they have engaged an industry leading acoustical engineering company to manage the sound system. It has been indicated to staff that the company will be using the quality of equipment similar to what was used at Big Music Fest last year, which will enable them to provide directional sound in order to minimize the amount of sound that "spills" outside of the venue. Having said this, the nature of this type of event, with recorded music, often results in the significant use of low bass tones which are often difficult to contain and can be detected at a distance. Staff advise that previous outdoor events held at this site, also involving the playing of recorded music, have generated complaints from a variety of neighbourhoods. These complaints related to the volume of the music as well as, in some cases, offensive language being clearly audible. Further, there does not appear to be any consistency in determining which areas, outside of the Bingemans venue, may be impacted by the music. Past experiences have shown that the impacts vary, as concerns have been received from the residential areas on the opposite side of Victoria Street to the Kiwanis Park area to the north of the venue. Staff are suggesting that any exemption approved by Council be subject to conditions that are designed to help mitigate the impact of the music in residential areas. The conditions relate to the potential for offensive language and the ability for staff to work with event organizers, at the time, to address concerns raised from the community. Mention has been made about trying to establish pre-determined decibel level limits, audible in residential zones, for these types of events. This is somewhat problematic in that noise violations, relating to exceeding decibels levels, are relative to the ambient noise levels in the subject area. In other words, staff would need to know what the relatively normal noise level in a particular area was prior to the start of the event and introduction of the subject noise source. As mentioned earlier, past experience has made it difficult to establish potential subject areas. Weather conditions (ie. humidity, wind direction and speeds) can also play a significant role in where noise is detected, despite the best efforts made to direct and/or limit music volumes. Further, the distance between the generation point and the point of reception, can impact decibel readings, as the potential for other noise sources increases. As a result, it is important that the event organizers commit to continual contact with City staff, during the event, to make all reasonable efforts to address concerns that arise. It should be noted that, should the noise exemption not be approved, and assuming the event still proceeds, the event organizers may be subject to legal action pursuant to Chapter 450 (Noise) if or when complaints are received and City staff are able to determine sufficient evidence exists to substantiate a violation of the Chapter. 7 - 2 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This request supports the Community Priority Quality of Life, as contained in the City's Strategic Plan. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The event organizers are responsible for ensuring that this event is communicated throughout the community in advance of the event. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Encl. 7 - 3 2 PORTO-POTTIES i CD O Y FENCE 2 PORTO-POTTIES F200M ,tlpSN EMERGENCY EXIT YRP1L� 241, SAS TA x10 GA9 91 x 2O 10 �AR 15 VIP 40 PORTO-POTTIES WASH 0 EER GARDEN 36' D ; EMS 1 X 20 APPROX. 16 0 SF CAP 380 p ANCE p D Y c� r° r VIP BEER GA EN ENTRANC FERRIS WHEE TICKETS APPROX ,3 SF D ❑ CAPACITY 20 > � N BpR 01'StE5 TR CE aJ• .� p p YOR a p p TO- BAR 15 X 2 lo-J,50 YOR �Z1E5 w w ° D N a !; p 22 PORT -POTTIE ° C, © llas Kd it ENTRANCE ° B Poftlo— 0 CCABA�A MAIN kTS No BEER GARDEN �DMIN 15 gAR 1S x b0 CAPACITY 88.0305 F MEDIA '• ,�.• ,— 22 PORTO-POTTIES O NTRANCE p S ZO f F.E. 1, a EtT a EMS TNT WRPS COMMAND CENT 5 PORTO-POTTIES ENTRANCE 5414 r FENC TOTAL APPROX. AREA 5.s 551990 SF SMOKING GARDEN CAPACITY 45,000 ENTRANCE APPROX 41,100 SF �y CAPACITY 3.180 FENC O O O V ICKETS F.ECD 'EMS 10 X 20 ❑ E. . MAIN ENTRANCE LEGEND 0 PORTO-POTTIES F.E. FIRE EXTINGUISHER FENCE BREAKAWAY 7 - 4