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HomeMy WebLinkAboutCLD-15-04 ClwiJ!gron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MAY 3, 2004 Report #: CLD-15-04 File#: By-law #: Subject: MOSPORT PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-15-04 be received for information; 2. THAT a copy of Report CLD-15-04 be forwarded to Clay Taylor, Greg Sznajdruk and Mosport Park for their information. Submitted by: o ~~U~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONT'fRtfC 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-15'()4 PAGE 2 of4 BACKGROUND Last year Council rescinded By-law 97-124, which had created specific sound level limits for the operation of Mosport Park. The owners of the Park had indicted that the noise levels were unreasonable and practically unattainable. Following repeal of the By-law staff received complaints and concerns from local residents Clay Taylor and Greg Sznajdruk. In order to address Mr. Taylor's concerns, he was invited to a meeting with staff, Councillors Trim and Robinson and Myles Brandt of Mosport Park. A number of issues were discussed, in the hope of resolving the differences between the parties. Mosport will be operating every weekend on the main track over the course of the summer months. There are five scheduled major races and the rest are smaller events which are for various clubs and are closed to the public. In addition, the property currently houses the Bridgestone Training School which operates on the main track during the weekdays starting at 9:00 a.m. and running until 5:00 p.m., stock car racing on the oval track which operates on Saturday nights with a scheduled end time of 11 :00 p.m. and the kart course which operates all day Saturday and Sunday afternoons. Although Mosport has received requests from the Durham Regional Police, the York Regional Police, the Ministry of Transportation and Honda Canada to consider opening the oval track for use by the public for drag racing in order to get the vehicles off the public roads, Mr. Brandt confirmed at the meeting that there were no plans to expand their operations in the immediate future. Panoz, the parent company that owns Mosport, also owns several tracks in the United States. In comparison with their other tracks and given the terms of the Municipality's by-laws, the tracks at Mosport are underused. The tracks could legally be used seven days a week from 7:00 a.m. to 11 :00 p.m. Mr. Brandt stressed that this is deliberately not done, as they do not want to further disrupt their neighbours. The issues of sound attenuation barriers and vehicle mufflers were discussed. Currently the vehicles using the tracks are required to have muffling systems. In 1997 the property owner at the time agreed to install sound attenuation barriers on the property. Mr. Brandt was skeptical as to the effectiveness of sound barriers given the natural terrain of the area. Following the meeting staff contacted the firm of John Swallow and Associates for their input on the issue of sound barriers. This company had done the original noise sampling for the Edenfest Concert in 1996. The oval track would require a minimum sound barrier of 5 metres in height or an earth berm of comparable height if constructed adjacent to the track. Approximate cost for the barrier or berm was estimated at $300 per foot. If the berm is not adjacent to the track, it was estimated that it would be of little help in reducing the noise. On the main track a barrier or berm would only help properties which are in direct line of travel for the sound. A rough estimate to install the sound barriers for the property was $3 million. 1102 '. REPORT NO.:CLD-15'()4 PAGE30F4 Given the topography of the land, much of the noise actually bounces off surrounding hills and travels out beyond the edge of the track. In the final analysis, it was Mr. Swallow's opinion that the barriers would otter little hope of significantly reducing or eliminating the sound from the track. During Mr. Sznajdruk's delegation, he asked several questions which are outlined and answered below: 1. Does Council not have a process or procedure to amend or repeal a by-law? The procedure for rescinding a previous decision of Council is included in section 18.16 of the Municipality's Procedural By-law #95-55 and was followed in this case. 2. When Mosport was lobbying to have the noise pollution by-law repealed, why was the Ratepayers' Association not informed? As far as staff is aware, Mosport did not lobby the Council to repeal the by-law. 3. Other municipalities have enacted similar by-laws, why is Clarington facing a regression? Staff have conferred with the Municipal Law Enforcement Divisions in Ottawa and the Niagara Region as to their by-laws for the operation of the racetracks in their areas. None of the areas contacted have restrictive decibel levels similar to those which had been contained in By-law 97-124 and their general provisions are not dissimilar from Clarington's. 4. Explain how the repeal of the noise pollution by-law would benefit the ratepayers. As stated in Resolution #C-255-03, as amended, Mosport Park is a large supporter of community events within the Municipality, employs many municipal residents and provides customers for many local businesses through events held at their facility. If required to meet the restrictions outlined in the noise by-law, Mosport would be unable to continue its racing activities which would negatively impact on the ratepayers of the Municipality. 2004 SEASON Mosport has submitted licence applications for the 2004 season which is the same schedule as the 2003 season, ie.: May 21 to 24 - Victoria Day Weekend June 19, 20 - CASCAR Super Series June 25 to 27 - 25th International Vintage Racing Festival July 10 to 18 - PARTS CANADA Superbike Championship August 6 to 8 - American Le Mans Series Grand Prix of Mosport 1103 REPORT NO.:CLD-15'()4 PAGE 4 OF 4 Staff will ensure that all requirements of the by-law pertaining to the issuance of the licences for these events are adhered to. INTERESTED PARTIES: Mr. Clay Taylor 5505 Darlington-Manvers Townline Road RR#3 Pontypool,Ontarop LOA 1 KO Mr. Gregory Sznajdruk 9580 Murphy Road RR#5 Bowmanville, Ontario L 1 C 3K6 Mr. Myles Brandt Mosport International Raceway 3233 Concession Road #10 RR#5 Bowmanville, Ontario L 1 C 3K6 1104