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Home My WebLink AboutPD 11-02 Ciú/ o~ 079 REPORT TO COUNCIL FROM: Neil Can-oll Director, Planning & Development DATE: January 29, 2002 REPORT NUMBER: PD 11-02 - SUBJECT: Off-Street Parking By-law Tow Trucks - Urban Residential Neighbourhoods RECOMMENDATION: 1. Should City Council determine it is appropriate to amend the City's Zoning By-law provisions to prohibit tow trucks from parking off-street in urban residential neighbourhoods the following resolution should be passed: "That the Director, Planning & Development commence a City-initiated zoning by-law amendment to the off-street parking provisions within Zoning By-laws 3036, 2520 and 2511 to prohibit tow trucks from parking off-street in urban residential neighbourhoods." ORIGIN: - City Council Resolution #175, passed December 17, 2001 requmng the Director, Planning & Development to report back to Council no later than March 31, 2002, with respect to prohibiting off-street parking of tow trucks in urban residential neighbourhoods. AUTHORITY: The Planning Act, RS.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No financial implications are anticipated to the City as a result of processing any amendment directed by City Council. EXECUTNE SUMMARY: ~ The City recently undertook a review of its off-street parking provisions for residential areas in urban Pickering and passed new zoning regulations in April 1999. The review recognized changing business practices and economic times and associated impacts on the nature of vehicles being parked in residential areas. The review concluded that it was not the type of vehicle that needed to be controlled (i.e.: trucklvan/bus/commercial), but rather the size a/the vehicle and the location in which it is parked. The new off-street parking provIsIOns reflect 'performance based' requirements (vehicle height/length/location) and have been in force for almost three years. By-law Enforcement advises that the by-laws have been operating successfully, with very few complaints. Small tow trucks that meet the height and length restrictions of the new by-laws are presently pennitted to park in Pickering's urban residential areas. However, in recent months a situation has been brought to the attention of City staff and Ward 1 Councillors where tow trucks are parking both on and off-street on a particular residential street. 080. Report to Council PD 11-02 Date: January 29,2002 Subject: Off-Street Parking By-law Tow Trucks - Urban Residential Neighbourhoods Page 2 Council requested the Planning & Development Department to prepare a report, prohibiting tow trucks ITom parking in urban residential neighbourhoods. This report provides an outline of the City's off-street parking review, and contains a resolution wording that Council could adopt that will authorize the commencement of City initiated amendments to the urban residential off-street parking by-laws, to prohibit tow trucks ITom parking off-street. - Should Council pass a resolution, thereby commencing a. City initiated amendment, it is recommended that Council limit the extent of the amendment to the prohibition of tow trucks, and not extend the prohibition to additional vehicle types so as not to significantly alter the underlying principles of the existing by-laws. BACKGROUND: 1.0 History In the late 1990's City Staff and residents identified a concern with the off-street parking provisions of the City's Zoning By-laws. The provisions were difficult to interpret and enforce, and thus it was difficult to consistently and effectively control off-street parking. In response to these difficulties Staff undertook a review of the off-street parking provisions. This comprehensive review involved the preparation of a discussion paper, newspaper advertisements, and public meetings. - The review recognized changing business practices and economic times and associated impacts of the nature of vehicles being parked in residential area. Planning Recommendation Report Number 4-99 (March 15, 1999) included recommendations pertaining to off-street parking based on vehicle size (height and length), and location, not by type and Council endorsed the 'performance based' parking strategy. This strategy was based on the principle that parking standards should not discriminate against changing economic practices, which may necessitate the parking of different vehicles in residential areas. The review concluded it was not the type of vehicle that need to be controlled, rather it was the size of the vehicle and the location where it may be parked, regardless of its intended use. It was further concluded through the review that it was appropriate for commercial motor vehicles to be subject to the same regulations as other vehicles parked in a residential area. This would permit vehicles such as a small school bus, small commercial vans/vehicles, including smaller tow trucks that did not exceed specific height and length provisions. It was agreed that the parking of construction vehicles in a residential area was inappropriate and was not permitted (dump truck, backhoe, grader, etc.). 2.0 Discussion During the off-street parking review, tow trucks were specifically considered and it was concluded through the adoption of the zoning amendments by Council that this vehicle type was acceptable in a residential area provided they are within the height and length requirements of the new by-law (2.6 metre height / 6.7 metre length -see example By-law, Attachment #3). A prohibition of all tow trucks would constitute a restriction by vehicle 'type' rather than by vehicle 'performance', contrary to the principles guiding the review. - In addition to the off-street parking provisions of the Zoning By-law, there are other Municipal Parking By-laws that address on-street parking (three-hour limit, no parking in the city boulevard/driveway apron). These by-laws work in conjunction with each other to assist in controlling parking in residential neighbourhoods. By-law Enforcement advises that the new off-street parking by-laws have been operating successfully, with few complaints. Report to Council PD 11-02 Date: January 29,2002 081 Subject: Off-Street Parking By-law Tow Trucks - Urban Residential Neighbourhoods Page 3 - However, in recent months a Pickering resident (Mr. John Jensen) has brought a particular situation to the attention of City Staff and Ward 1 Councillors where tow trucks are parking inappropriately in a residential neighbourhood both on and off the street (see Attachment #2). Mr. Jensen holds a strong opinion that tow trucks of any type or size are inappropriate vehicles to be parked in a residential area. This particular issue appears to involve a combination of breaches of both on and off-street parking by-law provisions and does not appear to warrant a full scale review of all aspects of the off-street parking provisions. A full review of the Zoning By-law off-street parking provisions is not recommended. . We understand through By-law Enforcement that there are numerous situations within the City where tow trucks are parked off-street in an acceptable manner without neighbourhood complaint. Should Council direct a City-initiated zoning amendment to prohibit tow trucks from parking off-street, public notice of the intended amendment in the local newspaper(s) and the City's WEB page will bring attention to this matter and allow for public comment at the required Statutory Public Information Meeting. While tow trucks were specifically included in the previous review of off-street parking vehicles, and determined to be acceptable subject to length and height restrictions, the function associated with this type of vehicle could encourage activities that are not appropriate in residential neighbourhoods, such as vehicle repair and vehicles in tow. Should Council desire to prohibit all forms of tow trucks from parking in residential areas it is recommended that Council pass the following resolution, directing the initiation of the amendment, and restricting the amendment to only the prohibition oftow trucks: - "That the Director, Planning & Development commence a City-initiated zoning by-law amendment to the off-street parking provisions within Zoning By-laws 3036, 2520 and 2511 to prohibit tow trucks from parking off~street in urban residential neighbourhoods." If Staff is directed to amend the urban area zoning by-laws to prohibit tow trucks from parking in urban residential areas, newspaper advertisements and a Statutory Public Information Meeting will be required. It is anticipated that the Statutory Public Information meeting would be held in April with a Recommendation and Implementing By-law brought forward to Planning Committee in June 2002. ATTACHMENTS: 1. 2. 3. Council Resolution #175 Mr. Jensen -Resident Summary Sheet and Photos 1999 Zoning By-law - Off-Street Parking Provisions Prepared By: .~¥-' Lynda Taylor, IP, RPP Manager, Current Operations Neil Carro, , RPP Director, Planning & Development - LDT/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~ , I , , 082 ATTACHMENT # J TO REPORT # PO Î 1-" OJ. -' ADMINISTRATION DEPARTMENT CLERK'S DIVISION r~iEi5EiVriõ=- I DEC 2 1 2001 ! CITY .?!..~1Ç~.AING I ~""~~~ I MßM 0 RAND UM ", TO: December 18, 2001 '\., N. Carroll. Director, Plannillg & Development B. Taylor, City Clerk 1. Wojnicz, Manager, By-law Services - FROM: Anne Greentree, Supervisor, Legislative Services SUBJECT: RefeITals ftom the Council Meeting of December 17, 2001 Please be advised that the Council of the City of Pickering passed Resolution #175/01 at the Council Meeting of December 17, 2001, as follows: WHEREAS the Council of the Corporation of the City of Pickering enacted By-laws 5476/99, 5477/99 and 5478/99 to amend the urbat:l area Comprehensive Zoning By-laws 2511, 2520 and 3036, respectively, with the intent to allow various types of commercial vehicles that are deemed appropriate or compatible due to their size to park off-road in urban residential areas; and WHEREAS the effect of these amendments was to allow tow trucks, that are not considered to be in character with a quiet residential neighbourhood, to park off-road in urban residential areas; and WHEREAS the off-road parking regulations established by the amendments should be re- examined based òn feedback over the past two years ftom residents who have expressed that tow trucks are not appropriate in residential areas; - NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs the Director, Planning & Development to prepare a report prohibiting tow trucks in urban residential neighbourhoods; and FURTHER THAT the Director, Planning & Development report back to Council no later than March 31,2002 on this matter,.. ~.... r" ,/ 4/.'. / ,IV C. Anne Gree'fítree C T. J. Quinn, Chief Administrative Officer ATTACHMENT #:? TO REPORT # PO--1j .~ D ;).. 0.83 Submission from Mr. John Jensen - TOW TRUCKS SPOIL EASTBANK ROAD RESIDENTIAL NEIGHBOURHOOD SAFETY Neighbourhood children in wheelchairs being escorted for walks, elderly using electric carts, mothers with baby strollers, children on scooters and small bicycles, joggers and neighbours going for a stroll are forced out on the street to get around carsltrucks blocking the sidewalk. . When backing out of the driveways, neighbours vision is impaired whether trucks are parked on the street or on the apron of the driveway. . ESTHET/CS .- ) By allowing commercial vehicles in a residential neighbourhood on a permanent basis, equates to allowing industrial outside storage and commercial signage which is otherwise . not permitted in a residential zone. . Oil spills on the .pavement where these trucks parle Frequentiy looks like an auto repair shop when trucks and surplus vehicles are being repaired in driveway. . NOISE Noise from truck engines when starting and when leaving & arriving. Car engines being rewed up while being repaired or shown to others. RIPPLE EFFECT ) . After ticketing blitz, other neighbours are resorting to parking over sidewalk to prevent getting ticketed. . Rogers Cable, CN, Entourage, Honeywell, Leatherdale taking advantage of outside vehicle storage in residential neighbourhood. - RECOMMENDA TIONS Commetcial vehicles with any form of advertising should be banned from a residential neighbourhood unless making a scheduled delivery or household repair during normal daylight hours. . Three hour maximum parking allotment should be eliminated. Not adequate for guest parking. . -l3/0cking sidewalk partially or completely should be Qanned at all times. Strict enforcement should be implemented. 084 ATTACHMENT 1:2 TO REPORT # po--L! - (»).. Submission from Mr. John Jensen - ) -. ..,. r'" i' ;'" , "';'=:\~f ' f..,. ~ ,. ., t . " ,.,C. w' ;" '! , ,) i, ~ Ik "", "Þ.;:tft, f',~:~y:,;, \ ":':~:,;:'> ~' "it i 10' "'" . ',' ,,~ A ..of ~" 'f. '~ I .. ~ . ~ I -- -. ATTACHMENT I REPORT I PO ;.(. TO ( --0:1. 085 Submission from Mr. John Jensen r- I - - ..... ( ( 086 ATTACHMENT II 3 TO REPORT # PO 1/ - 0 '] TI-IE CORPORATION OF TI-IE TOWN OF PICKERlNG II BY-LAW NUMBER Being a By-law to amend Restricted Area (Zoning) Dy-Iaw 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning. Area, Region of Durbam. (A 9/96) - WllEREAS the Council of the Corporation of the Town of Pickering deems it desirable to replace and add certain definitions and provisions related to off-street parking on residential,lots. AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF 'THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: l. TEXT AMENDMENTS (I) Section 2, DEFINITIONS, of By-law 3036 is hereby amended by replacing Sections 2.13.1, 2.17.1, 2.75.1, and 2.75.2, with the following definitions: Section 2.13.1 COMMERCIAL VEHICLE "is a motor vehicle used for commercial purposes, and shall include ambulances, hearses, motor buses, and fire apparatus." Section 2.17.1 DRIVEWAY - "is that portion of a residential lot used to provide access from a lane or public road, and has been surfaced wilh concrete, asphalt, crushed stone, or some other hard surface." Section 2.75.1 TRAILER :"shall mean any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the said motor vehicle and capable of being used for living, sleeping or eating accommodation, or the transport of a boat, snowmobile, tent, or materials, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. Any items or materials placed on a trailer for the purpose of transport are to be considered as part of the trailer. " Section 2.75.2 VEJU CLE "means a motor vehicle, commercial vehicle, or trailer." - (2) Section 2, DEFINITIONS, of By-law 3036 is hereby amended by adding thereto the following définitions:' . . Section 2.13.2 CONSTRUCTION VEHICLE "means a vehicle ordinarily used for building and construction purposes, sueh as a dump truck, bulldozer, back-hoc, or grader, and ancillary equipment used thereto" - (3) - II ¡: i' j I I I ! Ii !I ¡ I i '! - ': ¡I " Section 2.42..1 Section 2.53.1 -2- ATTACHMENT I ,3 O~ 7, REPORT # PO I / ~().~ "". INOPERATIVE VEHICLE "is a motor vehicle that is mechanically inoperativet and/or is in a state that precludes immediate use. 11 MOTOR VEI-IICLE "means any vehicle drawn, propelled or driven by means of a motor." Section 6t GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES, of By-law 3036 is hereby amended by replacing Section 6.5 with the following provision: Section 6.5 -." VEHICLE PARKING IINo person shallt in any Residential Zone, use any lott building or structure for the parking or storage of vehicles except in accordance wilh the following provisions: a) Exterior Parking: A maximum of four (4) vehicles, only one of which may be a trailer; are permitted to park on the exterior of any lot in a residential zone, provided the following provisions are met: (i) for those vehicles parked on any lot, the maXUllum permissible height is 2.6 metrest and the maXllllum permissible length is 6.7 metres; (ii) notwithstanding section (i), up to two (2) vehicles parked in a side or rear yard can be of a size up to a maximum permissible height of 3.5 metrest and a maximum permissible length of 8.0 metres; (iii) height is measured from the established grade immediately beside the vehicle up to the vehicle's highest pointt. which excludes lightst antennas and other ~uch items ancillary to the vehicle's body; (iv) vehicles parked in a side or rear yard must be set back a minimum 1.0 metre from the nearest lot line; (v) vehicles parked in a side yard must not project into the front yard of the lot unless it is parked on a driveway; and (vi) no part of any front or flankage yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any road allowance. b) Inoperative Vehicles: The parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. f)88 - - - 4 2. 3. BY-LAW 3036 -3- c) Construc~ion Vehicles ATTACHMENT #3 TO,... REPORT # PO 1/- ().), The parking or storage of a construction vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. d) Oversize Vehicles: A vehicle that exceeds the maximum permissible vehicle size provisions of Subsection 6.7 a), is permitted to park temporarily on a lot in a residential zone for the sole purpose of delivering to, servicing, building or constructing the premises on that lot." By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt within this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LA W read a first, second, and third time and finally passed this 1999 day of Wayne Arthurs,~~or S\ßø ~~y ~G °Bruce Taylor, Clerk