Report to: Development Services Committee                                    Date of meeting: April 18th

 

 

SUBJECT:                          Front and Exterior Yard Parking in Residential Areas

                                            Recommendation Report

                                            File Number  ZA 04 025944

PREPARED BY:               D. Miller, Senior Project Coordinator, Zoning Program and Special Projects

                                            W. Wiles, Manager, By-law Enforcement & Licensing

 

 

 

RECOMMENDATION:

That the report to Development Services Committee dated April 18, 2006 entitled “Front and Exterior Yard Parking in Residential Areas, Recommendation Report, File No. ZA 04 025944” be received;

 

And that the Record of the Public Meeting held on November 22, 2005, with respect to the proposed amendments to the Town’s Zoning By-laws be received;

 

And that the strategy to regulate private property parking in front and exterior yards outlined in an August 30, 2005 staff report, presented at the November 22, 2005 Public Meeting and further refined and described in the April 18, 2006 staff report, comprised of zoning, communications, on street parking and enforcement components, be endorsed;

 

And that Council determine pursuant to Section 34(17) of the Planning Act, that no further Public Notice is required;

 

And that an amending By-law to implement the zoning component of the strategy be approved and the implementing amendments to the Town’s By-laws, attached as Appendix ‘A’, be finalized and enacted;

 

And that Corporate Services Commission staff be authorized to retain consultants to develop a communications strategy and plan for all components of the proposed strategy and for the development of best practices and criteria for an on-street parking permit program;

 

And that a $50,000 capital project be established, funded from the 2006 Operating Surplus, if any, and the Corporate Rate Stabilization Reserve, if required, for the development of a communication strategy and plan (including a public notification process and production costs) and development of best practices and criteria for the establishment of an overnight on-street parking permit program, using external suppliers.

 


EXECUTIVE SUMMARY:

The widening of driveways, in residential areas, is of concern to residents and the Town.  To address the issue staff have developed a comprehensive strategy.  The strategy, which was presented at the November 22, 2005 Public Meeting, and is further refined in this report, is comprised of four components:

1.      refinements (by Planning Staff) to the Zoning By-law provisions which regulate front and exterior side yard parking (the proposed amending By-law is attached as Appendix ‘A’).

2.      development and implementation (by By-law staff) of a communication plan, that includes a public notification process:

a)      use of communication consultant to develop program;

b)      costs of materials and distribution included; and

c)      multi-channeled program, linked to enforcement schedule.

3.      development and implementation (by By-law staff) of an overnight on-street parking permit program, which includes:

a)      technical circulation of requests for the designation of streets for the use of overnight parking permits to internal Departments, such as the Transportation Planning Section of the Engineering Department;

b)      notices of requests for designation and for approval of use for overnight parking permits to residents, the ward councillor, and Council as a whole;

c)      development of criteria for a By-law(s) to allow on-street overnight permit parking;

d)      follow-up communication with Council, residents and staff; and

e)      administration and enforcement of the on-street overnight permit program by the By-law Enforcement & Licencing Division.

4.      preparation of an enforcement program for implementation in 2007, subject to approval of 2007 Budget funding, which includes:

a)      a communication program (part of above noted communication plan);

b)      a phase-in period; and

c)      ongoing enforcement of the By-law requirements.

 


FINANCIAL CONSIDERATIONS:

 

Funding for the expected 2006 costs will be provided from the 2006 Budget Operating Surplus, if any, and the Corporate Rate Stabilization Reserve, if required. Expected funding requirements are:

 

2006 Costs

Consultant & Material costs for communication plan                                                 25,000.00

Consultant costs for overnight on-street parking permit program                               25,000.00

                                                                                                                             $50,000.00

 

2007 Costs (Estimate)

Additional Enforcement Resources                                                                         269,476.00

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      S. Birrell                                             A. Taylor

                                      Town Clerk                                        Commissioner, Corporate Services

 

 

                                      ________________________          ________________________

                                      V. Shuttleworth                                  J. Baird

                                      Director, Planning                               Commissioner, Development and Urban Design                                                          Services

 

 

 


1. Purpose                2. Background         3. Discussion             4. Financial         5. Environmental

 

6. Accessibility       7. Engage 21st            8. Affected Units       9. Attachment(s)

 





Home owners are widening their driveways to create additional parking areas

Many homeowners in the Town have widened their driveways to accommodate additional front and exterior side yard parking.  Such actions are not in keeping with parking restrictions contained in the Town’s By-laws, which are intended to control and regulate permitted parking areas.  However, the By-law Enforcement Division has had difficulty enforcing these provisions, because the courts have concluded that some of the current provisions are ambiguous.

 

The concern about front yard parking relates to, amongst other issues:

·        the unsightliness of front yard parking;

·        decreased property values, resulting from the number of cars routinely parked in front and exterior side yards;

·        reduced landscaping and outdoor amenity space;

·        elimination of perimeter drainage swales; and

·        the potential for derelict and/or commercial vehicles parked in residential areas.

 

In the August 30, 2005 staff report and at the November 22, 2005 Public Meeting, Development Services Commission staff outlined a strategy to manage the front and exterior side yard parking issue.  The strategy, which was presented at the November 22, 2005 Public Meeting, was comprised of three components:

1.      refinements to the Zoning By-law provisions which regulate front and exterior side yard parking (the proposed amending By-law is attached as Appendix ‘A’);

2.      a measured and progressive By-law enforcement program, which includes:

·                    a communication program;

·                    a phase-in period; and

·                    dedicated staff for enforcement of the By-law requirements.

3.      expansion of the Town’s on-street overnight permit parking program managed by the Clerks Department, which includes:

·                    technical circulations of requests for the designation of streets for the use of overnight parking permits to internal Departments, such as the Transportation Planning Section of the Engineering Department;

·                    notices of requests for designation and for approval of use for overnight parking permits to affected residents, the ward councillor, and Council as a whole;

·                    passing a By-law(s) to allow on-street overnight permit parking;

·                    follow-up communication with Council, residents and staff; and

·                    Administration and enforcement of the on-street overnight permit program by the By-law Enforcement & Licencing Division

Issues discussed at the Public Meeting

A number of comments regarding the proposed strategy were received at the November 22, 2005 Public Meeting.  They can be grouped into four general categories:

1.                  Impact and Effect of;

i)            the proposed By-law;

ii)           enforcement; and

iii)         on-street overnight permit parking.

2.                  Grandfathering;

3.                  Heritage Areas; and

4.                  Communications.

The following sections summarize the comments made at the Public Meeting, and staff’s response.

 

Impact and Effect

The comments expressed at the Public Meeting and staff response, about the general impact and effect of the strategy, are summarized below.

 

i)        Proposed By-law

·        Allow driveways to the interior side lot line.

-        The current By-law requires a minimum 1.0 metre setback to an interior side lot line.  The proposed By-law changes this provision so that the minimum setback of the driveway (motor vehicle parking) to the side lot line will be equal to the setback of the dwelling.

·        More drivers, therefore more cars per household.  Need wider driveways to accommodate vehicles and desire to avoid “car jockeying”.

-        Allowing on-street overnight permit parking will reduce situations where “car jockeying” is required.

-        In some circumstances “car jockeying” may be an acceptable alternative to on-street overnight permit parking.

·        Wider driveways prevent idling of motor vehicles.

-        The Town’s anti-idling By-law prohibits idling longer than 3 minutes.  Most people should be able to shuffle cars in less than 3 minutes.  If more time is needed the cars should be shut off between moves.

·        Loss of green space from allowing wider driveways.

-        By relating the driveway width (motor vehicle parking area)  to the width of the garage door(s) the amount of green space on the lot will be maximized.  On lots wider than 13.3 metres a wider driveway (motor vehicle parking area) will be allowed provided a minimum 40% of the yard is “soft” landscaped.

 

·        “Hammerheads” for safe turning on private property.

-     “Hammerheads” are hard surface areas, that provide safe motor vehicle turning points on private property.  They allow motorists to turn their vehicles so they don’t have to back out onto busy roads.  “Hammerheads” - will be allowed on private property as long as they are not used for parking.

 

ii)       Enforcement

The comments about enforcement focused on the need for improved By-law enforcement.  While it is generally recognized that enforcement is not an easy task, there was some concern expressed that rectifying contraventions took time and enforcement only occurred following a specific complaint about a property.  Consequently, some property owners are being told they have to comply, while others aren’t.  There was also mention of some interpretive issues, that make the existing By-law hard to prosecute and consequently hard to enforce, except in the most extreme violations.

 

There were concerns expressed that the Town may require residents to remove the expanded hard surface (driveway) and to restore “soft” landscaping (sod).  Staff confirmed that this will not be the case except on the municipally owned boulevard.

 

The by-laws that regulate curb-cuts, driveway widths and parking within the municipally owned boulevard are not subject to the proposed amendment and will continue to be enforced.  This includes the required removal of hard surfaces in the boulevard and the restoration of sod where conversion of the municipal boulevard was not approved by the Town.

 

iii)     On-street Overnight permit parking

The comments about on-street overnight permit parking were mixed.  Some residents were opposed to on-street overnight permit parking and some were in favour.  There were comments about the successful use of on-street overnight permit parking in certain areas of the Town.  For example Tamarack Drive, where the demand for on-street over night parking permits has dropped.  It was noted that the drop in demand for permits may partly be due to residents cleaning out garages and using them for motor vehicle parking.

 

Development Services Committee also heard comments about how on-street overnight permit parking may give an “advantage” to second suites.  A few residents spoke in opposition to the expansion of the on-street overnight permit parking program because of their concerns regarding second suites.  They are concerned that allowing wider driveways or on-street overnight permit parking will give an “advantage to” and “encourage” second suites.  The parking problem is seen, by some, as a symptom of illegal second suites in areas where the zoning only permits single detached dwellings.  Therefore, it is argued by some, the  solution to the parking problem is to enforce the zoning By-law provisions with respect to second suites.  However, the Development Service Committee has acknowledged that the resolution of illegal front yard parking is an issue to be addressed in its own right, as outlined in this report.  The four part parking strategy is not being proposed to address or encourage second suites.  A separate series of reports and public consultation meetings will be required should Development Services Committee wish to consider any changes to the Town’s policies and regulations pertaining to second suites.

 

Public Meeting discussions about grandfathering & communications

In addition to the comments about the proposed strategy there was some general discussion about grandfathering and communications.

 

Grandfathering (for/against)

The comments about grandfathering were mixed.  A provision to legalize all existing driveways could be added to the proposed By-law.  However, as suggested at the Public Meeting the Town shouldn’t encourage illegal acts by grandfathering them.  It is staff’s opinion that new standards, adopted by Council, should be applied equally across the Town.  Properties that are currently illegal and remain non-conforming after an amendment to the By-law, should be brought into conformity.  However, if the parking was legal when it was installed and does not conform to the new standard, it will retain legal non-conforming status.  In these circumstances the parking can remain as constructed.

 

Despite the current interpretative issues, that make obtaining convictions challenging, the provisions in the proposed By-law are generally less restrictive than the current provisions.  Therefore, staff are of the opinion that the number of legal non-conforming properties resulting from the passing of the proposed By-law will be limited.

 

It is not the intent of the strategy to force residents to remove hard surfaces and restore landscaping on private property.  The intent is to require motor vehicles to be parked in front of a garage, and to enforce the By-law when vehicles are parked in a prohibited location.  However, illegal conversions in municipal boulevards must be restored.

 

Heritage questions resolved

Questions about the appropriateness of the proposed By-law applying in the Heritage Areas were raised at the Public Meeting.  The proposed By-law was circulated to Heritage Markham for review and comment.  The Heritage Markham committee members were initially concerned about the proposed provisions regarding circular driveways.  Heritage Markham and staff do not support development proposals that include circular driveways in heritage areas.  Staff met with the Architectural Review Sub-committee and they concluded that circular driveways can be adequately controlled and regulated through the site plan control process.  Provisions to regulate circular driveways could also be added to the Heritage District Plans.  These provisions will supersede the Zoning By-law.  A copy of the Heritage Committee resolution is attached.  (See Appendix ‘B’.)

 

Communications

A number of people commented about the need to raise public awareness about the issues and impacts of parking and widened driveways.  A need to inform the public about the proposed By-law, the enforcement program and the impacts wider driveways have on the environment was identified.  A communication program about the By-law, enforcement and on-street overnight permit parking is included as a recommended component of the strategy.  An overview of the communication plan is discussed later in the report.

 

 



 

FOUR PART STRATEGY

 

Part 1- Proposed Zoning Amendment

Zoning

The first component of the recommended strategy is refinements to the Town’s zoning By-laws, as they relate to front and exterior side yard parking associated with ground oriented residential dwellings.  These include single detached, semi-detached, duplexes, triplexes, fourplexes, multiples and townhouse dwellings with direct motor vehicle access to a public street.  The proposed By-law will not  apply to apartment buildings or condominium townhouses, where motor vehicle access to a public street is via a private road.  Nor will it apply to dwellings where motor vehicle access is from a public lane.  Furthermore, the proposed By-law will not modify the provisions that regulate driveways associated with non-residential properties.

 

A draft By-law incorporating the provisions presented at the November 22, 2005 Public Meeting is attached.  (See Appendix ‘A’.)

 

Development Services Commission staff recommend that parking in a front or exterior side yard only be permitted on a driveway and that the maximum permitted driveway width be linked to the width of the garage door opening.  The By-law also regulates non-typical circumstances, such as: circular driveways, dwellings with no garage and garages that face an interior side lot line.

 

The proposed provisions include the following

On lots with a frontage less than 13.3 metres (44 feet) the proposed maximum driveway width shall be equal to the width of garage door opening plus 1.5 metres (5 feet).  (See Figure 1.)  On lots with a frontage equal to or greater than 13.3 metres (44 feet) the maximum driveway width proposed is the greater of:

         the width of garage door opening plus 1.5 metres; or

         6.1 metres, provided a minimum 40% “soft” landscaping is provided in the yard that the driveway crosses.  (See Figure 2.)

 

The setback of the driveway (motor vehicle parking) to the side lot line will be equal to the required setback of the dwelling.

 

The By-law also regulates non-typical circumstances such as circular driveways, dwellings without garages and garages that face an interior side lot line

 

Circular Driveways

The proposed By-law permits a “Secondary Entrance” not exceeding 3.7 metres (12.14 feet) in width, that connects the street to the driveway that leads directly to the garage, provided:

 

·        the lot frontage is greater than 19.1 metres (62.66 feet);

·        the building is setback at least 8 metres (26.25 feet) from the front lot line; and

·        the distance between the inside edges of the two legs of the circular driveway measured along the front lot line is at least 7.0 metres (23 feet).

 

The “Curb Cut Standard By-law” allows circular driveways on lots with frontages between 16.8 (55.11 feet) and 19.09 metres (62.63 feet) provided neither curb cut exceeds 3.7 metres (12.14 feet).  These provisions have also been incorporated into the proposed Zoning By-law.  The circular driveway provisions proposed are consistent with the provisions in the Town’s “Curb Cut Standard By-law”, By-law 158-93.  (See Figure 3.)

 

Dwelling with no garage

It is proposed to regulate private parking where there is no garage associated with the dwelling by adding provisions into the By-law that regulate “Parking Pads”.  Parking pads are defined and maximum parking pad widths are proposed to be added to the zoning.  On lots with frontages less than 13.3 metres (44 feet) the parking pad will have a maximum permitted width of 3.7 metres (12.14 feet).  On lots with a frontage equal to or greater than 13.3 metres (44 feet) the maximum permitted parking pad width is the greater of:

 

·        3.7 metres (12.14 feet); or

·        6.1 metres (20.00 feet), provided a minimum 40% pervious landscaping is provided in the yard that the parking pad is located.

 

The setback of the driveway (motor vehicle parking) to the side lot line will be equal to the minimum Zoning By-law setback required for the dwelling.  These provisions will also apply to homes with car-ports, but not the car-port itself.

 

Garages that face an interior side lot line

Provisions to deal with garages that face an interior side lot line have also been included in the proposed By-law.  The maximum driveway width will only apply to the section of the driveway that is located in the front yard.  Any portion of the driveway located behind the main wall of the building closest to the front lot line will be exempt from the maximum driveway width provisions.  When the garage faces an interior side lot line the maximum driveway width in the front yard will be 6.1 metres (20.00 feet).  (See Figure 4.)

 


Part 2-Communication Program and Public Notification Process

The second component of the recommended strategy is the preparation of a comprehensive communication program that includes a public notification process for all components included in this report and approved by Council. Identified elements of the program include:

 

 

Part 3- Overnight On-street Parking Permit Program

The third component of the strategy is the expansion and enhancement of the Town’s on-street overnight permit parking program.  The existing on-street overnight permit parking program has successfully provided overnight parking solutions for residents in specific areas of the Town. The strategy proposes that an external consultant with expertise and knowledge in permit parking be retained to work with staff to develop and prepare detailed operating procedures and policies reflective of industry best practices. The external resource will also work with staff to leverage the use of the Parking Control unit’s recently acquired parking control computer system, obtaining a cost effective and customer friendly program that will be used on a Town-wide basis.

 

The on-street parking permit strategy includes a permit fee to encourage property owners to maximize available legal parking on their property and to reduce the number of vehicles being parked overnight on streets.  Currently the Town offers overnight permit parking in four designated areas of Markham:

i)        Angus Glen;

ii)       Cornell;

iii)     Inverlochy Boulevard; and

iv)     Tamarack Drive & West Borough Street

 

The on-street overnight permit parking program, to be managed by the By-law Enforcement & Licencing Division of the Clerks Department, will include:

 

i)        a technical circulation of an application to allow on-street overnight parking to internal Departments, such as the Transportation Planning Section of the Engineering Department;

ii)   notices to residents and the ward councillor;

iii)   passing a By-law(s) to allow on-street overnight permit parking;

iv) follow-up communication with Council, residents and staff.

 

A technical protocol will be developed by the proposed on-street parking consultant, By-law staff, and by the Transportation Division to evaluate streets to determine if on-street overnight parking can be permitted. The evaluation will consider spacing between driveways, proximity to intersections, existing parking by-laws, traffic volumes, sight lines and other operational issues such as snow clearing. Generally, if daytime parking is permitted on a street, that street will be a candidate for on-street overnight permit parking.  Where daytime parking is permitted on both sides of the street, only one side of the street will be available for on-street overnight permit parking.

 

A process for residents who would like their street to be designated to allow on-street overnight parking will be developed.  This process will include a mechanism to determine the appropriate permit fee.  No application fee for the designation of a street as on-street overnight parking is proposed.

 

Part 4- Parking Enforcement Program

The fourth component of the strategy is a enforcement program that will not take effect until 2007. The program will be developed and documented in 2006, allowing for the required resources to be included in the 2007 Operating Budget. Implementation and timing of the program in 2007 will be dependant on the 2007 budget. Identified components of the program are:

 

Communication & Public Notification of Enforcement

Part of the above Communication Program and Public Notification Process will be a specific section to provide Town wide notice to residents that enforcement is commencing. The planned communications will include the process steps staff will be following in conducting investigations and the options that residents will have if their property is found to be in non-conformity or becomes subject to an investigation. The Contact Centre will become involved at this stage and procedures for the recording of complaints and answering of enquires will be developed.

 

Phasing-in of Enforcement

To enforce the requirements of the amended Parking By-law, staff are considering a phased enforcement program.  Initially, non-complying property owners will be “informally” notified of By-law contraventions and will be offered extended time for compliance, should they require it.  Regular enforcement protocols are proposed to begin six months after commencement of the program.  The phased enforcement program will not apply to homes that are built after the proposed amendment is passed. New homes will be subject to regular enforcement practices.

 

Under the program, including amendments to By-law provisions, residents will not be required to remove hard surfaces and restore soft landscaping on private property.  During the phased-in period staff will:

i)        educate residents about the permitted locations for motor vehicle parking on municipal and private property;

ii)       suggest alternative parking solutions, which may include;

·        garage renovations to provide off-floor storage;

·        moving items stored in garages to other locations in the building or on the property; and/or

·        obtaining on-street overnight parking permits, where permitted; and

iii)     allow for appropriate periods to comply.

 

Staffing

To achieve the desired results of the proposed By-law and the overnight on-street parking permit program, additional staff resources will be required. With approval of this report, staff will begin to develop a 2007 implementation enforcement program and the detailed costing. This information will be provided and included in the 2007 Budget preparation process. The additional staff resources are required to deliver the enforcement program Town-wide in a timely fashion. Use of existing resources only will require a longer time period to implement and will result in areas of the Town being impacted while others are not. Longer enforcement periods will also result in increased occurrences of non-compliance in new development areas and complaints from residents who spent monies on expanded driveways they cannot use.

 

CONCLUSION

 

The four part strategy will achieve the Town’s objective to control front and exterior side yard parking

A number of very important initiatives will be implemented if Council endorses the four part strategy to update the Town’s approach to manage front and exterior side yard parking.  The initiatives include refinements to the Zoning By-law, a communication program, measured and progressive by-law enforcement and expansion of the Town’s on-street overnight permit parking program.  The proposed strategy deals with concerns about the widths of driveways and the location of motor vehicle parking on residential lots and the impacts front and exterior side yard parking potentially has on the character of a dwelling and on our neighbourhoods.

 

Corporate and Development Services Commission staff recommend that the four part strategy regarding the private property parking in front and exterior side yards, as outlined in an August 30, 2005 staff report, presented at the November 22, 2005 Public Meeting and as further refined and described in this report, be endorsed and that the proposed By-law attached as Appendix ‘A’ be enacted.