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HomeMy WebLinkAboutCLD-012-12 Clafington REPORT MUNICIPAL CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 19, 2012 Resolution#: ` -/ '/ By-law#: N/A 0-116-19 Report#: CLD-012-12 File#: Subject: REQUEST FOR NOISE EXEMPTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-012-12 be received; 2. THAT the request for a noise exemption from Mr. Rai Scimone be approved; and 3. THAT all interested parties listed in Report CLD-012-12 be advised of Council's decision. Submitted by: Reviewed by: at ' le, CIVIO Franklin Wu, K N716 unicipal Clerk Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 REPORT NO.: CLD-012-12 PAGE 2 1. BACKGROUND At the March 5, 2012 meeting, Council referred a letter from Rai Scimone requesting a noise exemption for a weekend festival event to staff for review and comment. Mr. Scimone intends to run a weekend music festival at the property of Gerald and Bertha Gibson at 3388 Concession Rd., Newcastle. The property is located at Concession Rd. 3 and Lockhart Rd. The event is scheduled for the May 18th to 20th weekend. The need for a noise exemption is the first part of the requirements for the special event which Mr. Scimone hopes to conduct on the Gibson's property. According to Mr. Scimone the event will be a fund raiser for "Org4Peace". The intention is to raise money for aid work in India and Pakistan. 2. INVESTIGATION The closest property to the proposed site is approximately 230 metres to the east. This is a rural area close to Highway 35/115. The site for the music is proposed to be at the north end of the property. The greatest concentration of neighbouring houses is approximately 850 metres away along the southern boundary of the property. In between are two large wooded areas which would act as noise buffers. The proposed music will not be heavy metal rock. It will be more in line with light rock and folk. The group's intent is to finish each night by or before 11:00 p.m. The noise exemption request is part of the overall Special Event application process. Mr. Scimone must have the exemption approved before the event can proceed. It is also his intent to have food vendors, some merchants, and play activities for children. Before the event can proceed, Mr. Scimone needs clearance from the Durham Regional Police, the Clarington Fire and Emergency Services, the Regional Health Department and Clarington Operations Department, confirming that there are no outstanding concerns relating to public health or safety. There is currently an outstanding Property Standards Order requiring removal of some material from the south west corner of the property. This material is comprised of children's toys, furniture, tarps, wood, pieces of metal, plastic containers and derelict vehicles. The Order was appealed to the Property Standards Committee who extended the compliance date for the Order from December 22, 2011 to March 23, 2012. As of the writing of this report, the work to bring the property into compliance is almost complete. REPORT NO.: CLD-012-12 PAGE 3 The applicant must submit a copy of the insurance policy for the event. This policy must be in the amount of$10,000,000.00 coverage and name the Municipality as an additional insured. The proposed area for the festival is zoned Environmental Protection (EP). Special Events are a defined land use in Zoning By-law 84-63. It is "an event the duration of which is temporary in nature and which is limited to one or more of the following uses: an exhibition, a fair, a carnival, a regatta, a religious or music festival, or a recreational competition". As a defined land use activity, it must specifically be permitted in the Zone. However if it occurs on lands owned by the Municipality or another public authority, it is deemed to be a "public use". Since this does not apply, the applicant needs to apply for a temporary zoning by-law amendment for this event. This has been done previously for the Great Canadian Band Festival. The lands proposed for the festival are within the floodplain of the Wilmot Creek in an area that appears to have been cleared for agricultural purposes. 3. RESULTS Staff do not foresee a major problem with the noise issue. As stated previously, there are few in the way of immediate neighbours to be negatively impacted, and the nature of the music is conducive to a somewhat quieter event. With regard to the other conditions in the permit application, Mr. Scimone is concerned about the cost of the required insurance, believing it to be too large an amount therefore cost prohibitive. The Planning Services Department advises that the zoning by-law amendment application needs to be submitted promptly to enable consideration of this proposal within the statutory requirements for notice and appeal. 4. CONCURRENCE This Report has been reviewed by David Crome, Director of Planning Services who concurs with the contents of the Report. 5. CONCLUSION The applicant for the noise exemption is acting to mitigate any anticipated concerns. If permission is granted, he will have to notify all property owners within 120 metres of the Gibson property of the upcoming event. REPORT NO.: CLD-012-12 PAGE 4 Issuance of the noise exemption is not approval for the event. The other issues raised above will have to be dealt with to the Municipality's satisfaction before a Permit for the Special Event can be issued. It is respectfully recommended that the report be received, that Mr. Scimone's request for a noise exemption be approved, and that all interested parties be advised of Council's decision. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement List of interested parties to be advised of Council's decision: Mr. Rai Scimone Mr. and Mrs. Gerald and Bertha Gibson