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HomeMy WebLinkAboutCRPS-06-116 - Exemption to Chapter 450 (Noise) - Kitchener Courthouse - 200 Frederick Streetl K KR Corporate Services REPORT Report To: Finance and Corporate Services Committee Date of Meeting: August 21, 2006 Submitted By: Troy Speck, General Manager of Corporate Services Prepared By: Shayne Turner, Director of By-law Enforcement wards}Involved: Bridgeport -Centre Date of Report: August 16, 2006 Report No.: CRPS-06-116 Subject: EXEMPTION TO CHAPTER 450 (NOISE) - KITCHENER COURTHOUSE - 200 FREDERICK STREET RECOMMENDATION: Council direction is requested. BACKGROUND: The Ontario Realty Corporation (ORC), the property management entity, for properties under the jurisdiction of the Province, is undertaking a project to add an addition to the Provincial Courthouse at 200 Frederick Street North. The nature of the work is such that various courtrooms would be rendered unusable if the work was to proceed during the daytime. Thus, there is the potential to cause further delays to an already overburdened court system. As a result, ORC is requesting an exemption to Chapter 450 (Noise) to permit the work to be done in the evenings and overnight, between the hours of 7:00 P.M. and 6:00 A.M., Monday to Friday and 8:00 A.M. to 6:00 P.M. on Saturdays and Sundays. A copy of the ORC request is attached. REPORT: For Council's information, the requested time on weekends falls within the permitted times pursuant to Chapter 450 (Noise) so they do not need to be included in the request. Based on information received from the ORC, it is anticipated that the project will take between 3 to 4 months. They have indicated that they understand the adverse impact that this project may have and they are indicating that the most disruptive work, on a nightly basis, would be conducted between the hours of 7 P.M. and midnight, in an attempt to mitigate the impact on the residential area late at night. Council may recall that the ORC requested, and were subsequently granted, a similar exemption in April of this year to undertake roof repairs at the Courthouse. That request was based on essentially the same rationale as this one. In that case, construction had started prior to the ORC submitting an exemption request. Complaints were received from the adjacent residential area, which then resulted in ORC's exemption submission. Given this prior history, it is anticipated that this project, if it were to proceed in the evenings and overnight, would create objections from the same residential area. As such, upon receiving the exemption request in July, staff requested that the ORC undertake to inform the adjacent neighbourhood of their intentions prior to the anticipated date of August 21St, when the request is to be presented to the Finance and Corporate Services Committee. At the time of writing of this report, staff were unable to determine from the ORC if this action has been undertaken. FINANCIAL IMPLICATIONS: None identified at this time. COMMUNICATIONS: No Corporate Communications required. CONCLUSION: Given the history of noise complaints related to construction activities at this location, staff are looking for Council's direction with respect to granting the requested exemption to permit construction noise between the hours of 7:00 P.M. and 6:00 A.M. from August 29, 2006, to December 31, 2006. Shayne Turner Director of By-law Enforcement Encl.