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HomeMy WebLinkAboutCRPS-07-003 - Exemption to Chapter 450 (Noise) - Ontario Realty Corp - 200 Frederick StreetJ ~i!~R-~ ~ITCHI~NI~.K - - ~ - CorF~orute Services Report To: Finance and Corporate Services Committee Date of Meeting: January 29, 2007 Submitted By: Troy Speck, General Manager of Corporate Services Prepared By: Shayne Turner, Director of By-law Enforcement Ward(s) Involved: Bridgeport -Centre Date of Report: January 24, 2007 Report No.: CRPS-07-003 Subject: EXEMPTION TO CHAPTER 450 (NOISE) - KITCHENER COURTHOUSE - 200 FREDERICK STREET RECOMMENDATION: Council direction is requested. BACKGROUND: In the summer of 2006, the Ontario Realty Corporation (ORC) submitted a noise exemption application to the City to allow for construction noise to be made from 7 PM to 7 AM for a period of approximately 4 months, in order to facilitate the construction of an additional courtroom at the Provincial Courthouse at 200 Frederick Street. On August 21, 2006, Report No. CRPS-06- 116, was presented to the Finance and Corporate Services Committee, copy attached. At the meeting, significant concerns were raised by a group of residents from the adjacent neighbourhood and the matter was deferred to allow staff and the ORC to meet with the area residents. On October 12, 2006, a public meeting was held with all residents within the vicinity of the courthouse. REPORT: Several concerns were raised at the public meeting. These concerns related to such matters as the actual need to undertake construction work in the evening and overnight hours, the length of time needed to undertake the project, the type of construction work being planned and the actual need to construct an additional courtroom in the first place. The consensus of the neighbourhood group was that they opposed the ORC's application. After the meeting, ORC staff went away to consider their options. Subsequently, the ORC submitted an amended noise exemption request to permit construction noise between the hours of 7 PM and 11 PM, from Monday to Friday for a period of approximately 4 months. As a result, the By-law Enforcement Division and the ORC distributed a public notice to the area residents, outlining the amended request and soliciting any feedback that anyone may have. At the time of writing this report, By-law Enforcement Division staff have spoken with a couple of residents, however staff have been informed that a group of area residents will likely be making a delegation to the Finance and Corporate Services Committee at the January 29t" meeting. Also of concern to the area residents is the planned reconstruction project involving Mansion, Ellen and Ahrens Streets. They are concerned with the potential for added inconvenience when coupled with this project. Currently, the ORC is looking for their exemption request to be considered by Council prior to going out to tender the project. 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 the ORC's request for an exemption to Chapter 450 (Noise) to permit construction noise between the hours of 7:00 P.M. and 11:00 P.M. for a period of approximately 4 months, as to be determined by the ORC. Shayne Turner Director of By-law Enforcement Encl