A construction company in Kitchener is asking the city for permission to start work an hour earlier than normal on a condo development, sparking debate about the balance between development and resident well-being.

VanMar Constructors ON Inc. is working on the next phase of the Station Park development at King and Wellington streets and has requested a noise exemption to start construction at 6 a.m. from October through April. The company says the earlier start time will help speed up the project, help commuting tradespeople avoid peak traffic, and allow workers to be more flexible with their schedules.

But city bylaw enforcement staff say councillors should turn down the request, arguing it could set a precedent for other developers and would likely spark complaints from area residents.

What does the request entail?

Kitchener’s noise bylaw allows construction activities between 7 a.m. and 7 p.m., seven days a week. The city report notes that when earlier start times have been approved in the past, it has usually been for concrete pours that have to be finished the same day.

"These have typically been infrequent over a couple of days at most, never for this length of time." The city report notes that staff consistently received complaints from residents regarding disturbances and impacts they experienced during the pandemic, when construction times were expanded to between 6 a.m. and 10 p.m. daily.

Arguments for and against the request

VanMar said an early start would help to address the housing crisis if units can be completed sooner, while quicker commutes for workers coming from the Greater Toronto Area will reduce greenhouse gas emissions. The company said an early start also helps as some union workdays end at 3 p.m., adding that early start times allow workers to complete tasks earlier in the day, providing them with more flexibility in their personal lives and reducing the need for extended hours or weekend work.

To mitigate potential noise impacts, the company said it will limit hoist operations to a set number of runs between 6 and 7 a.m. as workers and materials are lifted into the building, and restrict some louder activities to later in the day. The company pledged to send personalized notices to area residents, especially those living in the completed Station Park tower facing the construction site.

"This notice will detail the adjusted construction hours and our efforts to minimize disturbances, ensuring transparency and fostering positive community relations."

But city staff remain unconvinced, saying they haven’t had a chance to speak to residents to see if they’ve been bothered by construction noise to this point, or whether they’d support an earlier start. "Based on staff’s experience during the pandemic when construction times were expanded, the limited number of exemptions provided to date for extended construction hours on a short-term basis, and the lack of community engagement related to this exemption request for a seven-month period, staff are unable to support the noise exemption put forward by VanMar Constructors ON Inc for a 6 a.m. start."

What happens next?

The decision comes in front of the Finance and Corporate Services Committee on Monday. The committee will be tasked with deciding whether to grant the noise exemption. While the city staff are recommending that the request be denied, the committee has the final say.

The Bigger Picture: A Tale of Two Cities

The Station Park project is just one example of the rapid growth happening in Kitchener. The city is experiencing a construction boom, with new condo towers popping up all over the downtown core. This growth is being driven by a number of factors, including the city’s strong economy, its proximity to Toronto, and the increasing demand for housing. But this growth is also creating challenges, including traffic congestion, strained infrastructure, and a shortage of affordable housing.

The debate over the noise exemption for the Station Park project is a microcosm of the larger debate about how Kitchener should manage its growth. The city is trying to balance the needs of developers and residents, and there is no easy answer.

The decision on whether to allow construction to start at 6 a.m. is a small one, but it is a symbolic one. It will send a message about the city’s priorities. If the committee approves the exemption, it will be a signal that the city is prioritizing development over the well-being of residents. If the committee rejects the exemption, it will be a signal that the city is trying to balance growth with the quality of life for its residents. This debate is likely to continue as Kitchener continues to grow.