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HomeMy WebLinkAboutCD-16-98 ~ \ " .,.- / . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Res. # C')Pf~ ~ ~:2- Cf'f? By-Law # Date: May4,1998 CD-16-98 File #: 1998 SEASON. MOSPORT PARK Report #: Subject: Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-16-98 be received; 2. THAT dispensation from noise levels contained in the municipality's noise by-law be allowed for Mosport Park in the areas directly to the north-east and east of the park; and 3. THAT Mosport Park Inc. be advised of Council's decision. BACKGROUND AND COMMENT: During the 1996 racing season, numerous noise complaints were received from residents in the area of Mosport Park. Following meetings with both the ratepayers of the area and the owners and operators of Mosport Park, an amendment to the municipality's noise by-law was passed early in 1997. At the time the amendment was passed, Council was advised that it was staff's intention to work with Mosport over the course of the season to determine the effectiveness of the new by-law. While monitoring the situation, three areas of concern surfaced, ie: ",m" ~ '''''" 7 0 3 PAPER '<I:1 RECYCLE THIS IS PRINTED ON RECYCLED PAPER ... . I. . , Report CD-16-98 - 2 - May 4,1998 noise levels in the area to the north east and directly east of the park exceeding the curfew laid out in the by-law noise reduction program for the oval track as suggested by Mosport Park has not yet been implemented North East and East of Park It should be noted that the" Mosport" by-law approved by Council in 1997 was primarily aimed at the operation of the oval track and stand-alone rock concerts. With the recent introduction of new operators of the facility, a change in use of the property may be realized, with the road track being utilized more frequently and the staging of large rock concerts being close to non-existant. Because of the layout of the road track, the noise levels in the north-east area of the park exceed those levels allowed in the by-law on a regular basis. Noise limits apply to the fence line but only affect residences at further distances; this makes the technical problem of meeting the by-law significantly more difficult in this section of the park. One residence is located in this area at close proximity to the Mosport property. It has been determined through discussions with the operators of Mosport Park that there is no method of relief for this concern. If the operators are made to abide by the levels as they presently exist in the by-law (for this area only), it would mean that races cannot be run on the road track at Mosport, thereby putting them out of business. It is the opinion of staff that Mosport should be allowed dispensation from the by-law in that location. Curfew In reviewing the by-law prior to the passage of the amendments early in 1997, the operators of the facility agreed to the time frames contained therein. Unfortunately, on several occasions these time frames were exceeded, both during racing events and concerts. Meetings have been held recently with the new management of the facility and the municipality has been assured that all contractors bringing events to the 704 . . If, '> .' Report CD-16-98 - 3 - May 4, 1998 park will be required to include the curfew time frames into their contracts. Mosport has been advised that the curfew will be strictly enforced during the 1998 season and, if it is not adhered to, they will be charged under the by-law. Noise Reduction Plan In 1996, the previous owner/operator of Mosport, Mr. Bernie Kamin, advised the Municipality that a noise reduction plan would be put in place for the oval track. This plan consisted of the construction of a berm and insisting upon the installation of mufflers on the stock cars which would race on the track. It was felt that these measures would reduce the noise level of the oval track by 50 percent. During 1997, meetings with the then lease holders, IMSG Limited, together with both acoustics engineers acting on behalf of Mosport and the municipality, it was determined that the building of a berm would not adequately reduce the problem experienced by nearby residents. Also, as contracts had been entered into with stock car drivers, the park could not insist upon the installation of mufflers for the 1997 season. The new management has assured the municipality, however, that for the 1998 season mufflers will be installed on approximately 90 percent of all cars racing at the oval. It is anticipated that over the next three to five years this figure will increase to 100 percent of the cars. Because of this requirement, registration for the stock car races has decreased by 50 percent over 1997, however the operators are committed to fulfilling this promise to the municipality. It was noted that the stock car races which were held at the oval track finished well before 10:00 p.m. every Saturday during 1997. Conclusion When the amendments to the noise by-law were passed by Council in 1997, staff advised that the activities of Mosport Park would be closely monitored during the 1997 season. It has been determined that the noise levels contained in the by-law cannot be obtained in the areas directly to the north-east and east of the park. As it has never been the municipality's intention to cease operation of Mosport Park, it is recommended that dispensation from the levels contained within the by-law be allowed for Mosport Park in 705 . . . Report CD-16-98 -4- May 4,1998 these areas only. With the assurances that staff have received from the operators to adhere to the curfew contained in the by-law and to install mufflers on the stock cars racing at the oval track, it is anticipated that the 1998 season will cause less disturbance for the residents in the immediate area of the park. Staff continues to monitor the situation and will keep Council apprised of the situation. Respectfully submitted Reviewed by W.H.~ Chief Administrative Officer PLB 7Q6