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HomeMy WebLinkAboutCSD-19-006 - Noise Exemption Request - Ever After Music FestivalREPORT TO:Community and Infrastructure Services Committee DATE OF MEETING:March 18, 2019 SUBMITTED BY:Gloria MacNeil, Director of By-law Enforcement,519-741-2200, ext. 7952 PREPARED BY:Gloria MacNeil, Director of By-law Enforcement,519-741-2200, ext. 7952 WARD (S) INVOLVED:Ward 1 DATE OF REPORT:February 26, 2019 REPORT NO.:CSD-19-006 SUBJECT:NOISE EXEMPTION REQUEST EVER AFTER MUSIC FESTIVAL th BINGEMANS JUNE 6, 7, 8, 92019 ___________________________________________________________________________ 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 June 6, 7, 8, and 9th, 2019, between the hours of 6pm and 11:00 PM on the Thursday evening, 1pm and 11pm on the Friday evening, 1pm 11pm on the Saturday evening and 1pm 9pm on the Sunday evening. 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. 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 b)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. c)The maximum decibel level (dBA) audible from a residential area shall not exceed 55 dBA. d)The event organizer will be responsible for the cost of a paid-duty Noise Officer, to be assigned specifically to this event which shall be paid in full prior to the event. BACKGROUND: dance music is scheduled to be held at Bingemans Center, at 425 Bingemans Center Drive, on th June 6, 7, 8 and 9, 2019. This event will be held in an outdoor venue on the property and an - required. 7 - 1 REPORT: As a result of complaints in previous years staff worked with Novus Environmental Inc. and Beyond Oz Productions last year to conduct a review of noise and weather patterns during previous years of the Ever After Music Festival. As a result of the review, several recommendations were made and implemented which resulted in the 2018 eventbeing a success. One of the recommendations was to drop the maximum decibel levels heard from 65dBA to 55dBA in any residential neighbourhood which closer aligned the sound levels with what would be typical evening ambient sound levels in this area. Ambient sound levels are the background noise levels without any contributing noise intrusions such as, traffic, music, etc. in the neighbourhoods surrounding this event and normally range from 38dBA to 43dBA. Ambient sound levels decrease into the evening as things start to quiet down, this is generally when complaints are received because noise is more audible in the evening due to the quieter background levels. This has been characteristic of complaints we have received during the Ever After Music Festival in previous years. Staff are suggesting 55dBA continue to remain as the maximum decibel level heard in a residential area. Beyond Oz Productions also retained a new production company which uses the PK Sound System, this system has the technology and capability to be adjusted in real time once it is installed and allowed staff to work with engineers throughout the event to ensure any concerns were being addressed immediately. Beyond Oz Productions has indicated the potential attendance for the 2019 musicfestival to exceed 30,000 people each day of the event and have begun engaging the appropriate agencies relative to an event of this magnitude to ensure the safety and well-being of event patrons, as The proposed setup for 2019 will be similar to last year and will be as follows: There will be two stages The main stage will be the largest and will host International Acts. It will be situated so that it is directed (facing) North East, as has been done for the past 3 yearswhere the sound will travel through a large wooded and industrial area out towards the city limits. The second stage location is the now permanent On the Grand Amphitheatre The event organizers have once again engaged an industry leading acoustical engineering company to manage the sound system. As part of the sound system design they will be using the same system that was used in 2018 the PK Sound system which has an advanced robotic line array and allows for real time 3D adjustments. The system provides for better control of how the sound is dispersed over the crowd and allows changes to be made to the projection of the sound in real time which allows the sound engineers to respond to any concerns as they arise. Having said this, the nature of this typeof 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. 7 - 2 There will also be a silent concert club this year which will be in a designated area near the amphitheatre, attendees will be able to listen to a DJ through headphones without any noise being emitted or audible in the surrounding area. The silent concert will run through the day and go until 1am. It is important to note that meteorological conditions such as wind speed, wind direction, temperature, humidity and temperature inversions can have a large effect on how sound is propagated and there is a potential for an increase in complaints, especially from an outdoor venue. The recommendation does pro from residents and the cultural and economic benefits for both the promotors, as well as local businesses. As a result of the changes that were made in 2018 to help mitigate the impact of the music in residential areas, staff noted there was a significant improvement in the noise levels and number of complaints that were registered during this festival therefore, staff are recommending that Council approve the conditions as outlined above which mirrorwhat was approved for last years event. 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 and to have a paid duty Noise Officerassigned to this event, in order to monitor noise levels. There are two significant changes to note for this years event, the first is it will begin on Thursday th June 6 th Amphitheatre and the second is the Sunday night June 9is set to end at 11pm. Beyond Oz Productions has advised this event will go until 11pm this year on the Sunday evening,however they have indicated that with the reduced decibel levels in the surrounding neighbourhoods and the current sound level technology they are using that they do not anticipate it will be problematic and will work with staff should complaints be received. It should be noted that, should the noise exemption not be approved and assuming the event still proceeds, or should staff receive complaints after 9pm on Sunday June 9, 2019, 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. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achiev the delivery of core service. FINANCIAL IMPLICATIONS: It is anticipated that the cost of a paid duty Noise Officer, for a period of 34 hours will be approximately $1800. This cost will be billed to the event organizer. 7 - 3 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 7 - 4