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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Sheila
Birrell, Town Clerk |
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PREPARED BY: |
Dave Miller, Project Co-ordinator Zoning Program and Special Projects |
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DATE OF MEETING: |
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SUBJECT: |
Front Yard Parking in Residential Areas Discussion and Options |
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RECOMMENDATION
That a
Public Meeting be held to receive input on the strategy and options outlined in
this report, including possible refinements to By-law provisions, by-law
enforcement and on-street overnight parking provisions
in residential areas.
And that following the Public Meeting staff report back
to Development Services with final recommendations.
PURPOSE
This report outlines a strategy
to manage the residential front yard parking issue. A strategy is required to
deal with concerns about the widths of driveways on residential lots and the
impacts front yard parking potentially has on the character of a dwelling and
on the neighbourhood. The strategy is
comprised of three components: refinements to By-law provisions, measured and
progressive by-law enforcement and expansion of the Town’s on-street overnight
parking program.
The report includes a number
of driveway illustrations that could be converted to development standards
incorporated into a zoning by-law. These
figures show driveways 1.0, 1.5 and 2.0 metres wider than the width of the
garage door opening.
The report also summarizes the
Town’s current enforcement practices and how an on-street overnight parking
program could offset potential impact of enforcement of driveway width
standards.
EXECUTIVE SUMMARY
The
widening of driveways in residential areas is of concern to area residents and the
Town. To address the issue staff have developed a comprehensive strategy to be
presented to the public and endorsed by Council. The approach is comprised of three
components.
1. Zoning
A new
section will be added to the Town’s zoning By-laws. It will apply to ground oriented residential
dwellings with direct access to a public street. The new section will only permit parking on a
driveway and the width of the driveway will be linked to the width of the
garage. Provisions to cover non-typical
circumstances, such as circular driveways, dwellings with no garage and garages
that face an interior side lot line, will also have to be added to the zoning By-laws.
2. Enforcement
The
second component of the strategy is enforcement. At the present time only the most flagrant
violations of the zoning By-law are being addressed by By-law Enforcement
staff. With refined zoning provisions
By-law Enforcement staff will be able to expand the enforcement program. A public awareness/education campaign about
the concerns of widened driveways will also encourage compliance, thus making
enforcement easier.
3. On-street parking
The
third component of the strategy is the potential expansion of the on-street
overnight parking program. Allowing
on-street overnight parking may, to some degree,
off-set the impact of limits to parking on private property.
This report
recommends that Development Services Committee hold a Public Meeting and that
the strategy and information in this report be presented to the public for
comment. Staff will submit a final
report, with recommendations, to Development Services Committee after the
Public Meeting.
BACKGROUND
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 viewed the current provisions as
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 the
front yard;
·
reduced
landscaping and outdoor amenity space; and
·
the potential for derelict and/or commercial vehicles
parked in residential areas.
The
definition of “Driveway” allows front yard parking
The
Town’s zoning By-laws limits the location of motor vehicle parking in a front
or exterior side yard, to a driveway. The
term “driveway” means:
“…a defined area providing
access for motor vehicles from a public or private street or a lane to
facilities such as a parking area, parking lot, loading space, private garage,
building or structure.”
This
definition applies to residential and non-residential driveways. The intent of this provision is to restrict
motor vehicle parking to a driveway that leads to a private garage. However, as defined, driveways not only lead
to private garages, but also to parking areas, parking lots, loading spaces,
buildings or structures. Therefore, a “driveway”
could be interpreted to lead to the dwelling itself
and motor vehicles, arguably, could park in front of the dwelling. This was not the intent of the By-law when it
was written.
In
January 2005 staff made a presentation to Development
Services Committee about the driveway widening issue. Committee asked staff to provide a more detailed
analysis of the issue, prior to holding a Public Meeting.
DISCUSSION/ANALYSIS
1. Zoning
The first component of the recommended
strategy is refinements to the Town’s zoning By-laws, as they relate to
residential parking in the front and exterior side yards of single detached,
semi-detached and townhouses with direct access to a public street.
A practical way to regulate
driveways is to link width to the size of the garage
Development
Services Commission staff considered various ways to regulate front yard
parking and have concluded that regulating driveway width by linking it to the
garage door opening is the most practical.
Another common method of regulating front yard parking is to link driveway
widths to lot frontage. However, when
driveway widths are linked to lot frontage, the permissible driveway width, on
a small lot, may end up being less than the width of the garage door
opening. Conversely, on a large lot, the
permissible driveway width may be much wider than the garage door opening, thus
allowing the driveway and parking to spread across the lot.
Staff
conducted a “windshield survey” of approximately 5,157 Markham
In the spring of 2005, Development
Services and Corporate Services
Commission staff conducted a ‘windshield survey’ of approximately 5,157
i.
Driveways
whose widths are no wider than the width of the garage door plus 1.0 metre.
ii.
Driveways
whose widths range between 1.0 and 1.5 metres wider than the garage door.
iii.
Driveways that are wider than the width of the garage door plus 1.5
metres.
(Driveways were compared to the width of the garage door opening(s),
irrespective of the number or width of the garage door(s) and the dimensions were
estimated.)
From this informal
survey it was determined that approximately 71 percent of the homes
surveyed had driveways whose widths were no more than 1.0 metre wider than the
garage door opening(s) and approximately 81 percent of homes had driveways
whose widths were no more than 1.5 metres wider than the garage door
opening(s). The remaining 19% of homes
surveyed had driveways more than 1.5 metres wider than the garage door
opening(s). The results of the survey have been summarized in Table ‘A’, attached.
Figures 1 to 12
illustrate some typical driveway width scenarios
Figures 1 to 12
graphically demonstrate the effect of linking the driveway width to the width
of the garage door opening. They also illustrate how increasing the width of
the driveway allows additional parking spaces.
Figures 1 to 5 illustrate
scenarios related to typical 9.0 metre wide conventional lots and 10.7 metre
wide wide shallow lots with driveways 1.0 metre, 1.5 metres and 2.0 metres
wider than a “Single Car Garage Door”. Figures
6 to 7 and 9 to 12 illustrate some general scenarios where the driveways are 1.0
metre and 1.5 metres wider than “Double Car Garage Doors”, “Two Single Car
Garage Doors” and “Three Single Car Garage Doors”. Figure 8 shows a “Double Car Garage Door” with a driveway 2.0 metres wider than the opening.
These figures include examples
of the space typical classes of vehicles require. (Table ‘C’ lists typical vehicle widths by
class of automobile and Table ‘D’ list examples of vehicle widths by make and
model.) It should be noted that hard surface landscaping, such as interlocking walkways installed
adjacent to the driveway are not included in driveway width calculations.
Two cars can park beside each
other on a 3.94 metre wide driveway
Figure
2 shows a driveway 1.5 metres wider than a typical
2.44 metre wide “Single Car Garage Door”.
This driveway has enough room for a compact car (1.70 metres wide) and a
subcompact car (1.63 metres wide) to park side by side with 0.61 metres between
them. In this example it is likely that
the cars would face in opposite directions so that the passenger doors are next
to each. The drivers would exit the cars
to the outside edges of the driveway. With
less than 0.7 metres between cars it becomes more difficult to exit the
vehicle. Observed distances between cars
parked beside each other range from about 0.7 metres to more than 1.0 metre.
Additional cars can
park on a driveway 2.0 metres wider than the garage
If
the permissible driveway width is 2.0 metres wider than the garage door
opening(s) the chance of additional vehicles being able to park next to each
other increases. Figures 3 and 8,
attached illustrate driveways 2.0 metres wider than single and double car
garages. In the case of a single car
garage, Figure 3, two midsize cars (1.77 metres wide) with approximately 0.9
metres between them could park on a driveway that is 2.0 metres wider than a
typical 2.44 metre wide garage door. (Widths
of Single Car Garage Doors range from approximately 2.44 to 3.66 metres.) In the case of a double car garage, Figure 8,
three midsize cars (1.77 metres wide) parked with approximately 0.78 metres
between them could park on a 6.88 metre wide driveway, (a typical 4.88 metre
wide double car garage door plus 2.0 metres equals 6.88 metres). It is also important to note that larger
garage door openings would allow wider driveways and may allow additional parking
opportunities. (Widths of Double Car
Garage Doors range from approximately 4.27 to 5.49 metres.)
Development
Services Commission staff are of the opinion that By-law refinements to
regulate front yard parking should link driveway widths to garage widths. However, before making detailed recommendations
about the specific provisions Development Services Commission staff would like
to hear from the public.
The By-law should also be amended to deal with
non-typical circumstances such as circular driveways, dwellings without garages
and garages that face an interior side lot line
Provisions for circular
driveways, dwelling without garages and garages that face interior side lots
lines should be incorporated into the By-law.
The circular driveway provisions should be consistent with the
provisions in the Town’s “Curb Cut Standard By-law”, By-law 158-93. The “Curb Cut Standard By-law” permits a
“Secondary Entrance” not exceeding 3.7 metres 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 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. The “Curb
Cut Standard By-law” does allow 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. Similar
provisions should be incorporated into the Town’s zoning By-laws.
Dwellings without a garage
could be regulated by a method other than linking the driveway width to the
width of the garage door opening(s). One
possible approach, would be to add provisions into the
By-law that regulate “Parking Pads”. A
possible parking pad definition is noted in Appendix ‘A’. General provisions that limit the number of
motor vehicles and/or limit the maximum dimensions of parking pads and their
locations could also be added to the zoning By-laws.
Dwellings with garages that
face an interior side lot line and not the front lot line would also have to be
dealt with carefully. For example, the
maximum driveway width may 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 closest to the front lot line could
be exempt from the maximum driveway width provisions.
A
new section applying to Single Detached, Semi-detached and Street Townhouses
would be added to the Town’s zoning By-laws
Development
Services Commission staff are of the opinion that to incorporate refined
provsions into the zoning a new section should be added to the Town’s by-laws. The new section will apply to Singles, Semi’s
and Street Townhouses, where vehicular access to a private garage or parking
space or pad is from a public street. It
would include refined driveway width standards and some new definitions. Some of the definitions and general
provisions that may be included are listed on Appendix ‘A’.
2. Enforcement
Currently,
the
Town’s Enforcement Division is addressing only the most severe contraventions
in the following situations:
·
Parking beside and along garages in front and side
yards
·
Parallel parking in front yard
·
Parking on grass
·
Illegal curb cut & boulevard conversions
Upon receipt of a complaint
and after a By-law Enforcement Officer has investigated, residents are being
provided written notice advising them of the current by-law limitations and the
method to remedy the problem.
After the zoning By-law is
amended, the Enforcement Division is recommending there be a two month period
for:
·
community advertising and communication of standards;
·
written notices requesting conformity and providing a
date for compliance;
·
written notices for curb
cuts and boulevard conversion.
The Enforcement Division
anticipates a proactive approach on an area by area basis. The Property Standards By-Law will be used to
require the removal of hard surfaces if they continue to be used for parking
purposes.
At the Public Meeting, By-law
Enforcement staff will discuss options for the timing and implementation of the
enforcement program. The specific
details of this component of the strategy will also be included in a
recommendation report.
3. On-street parking
Increased enforcement of
refined parking restrictions may leave
some homeowners with more cars to park than available legal parking spaces on
their property. This is a situation that
many existing homeowners in
Options
relating to the regulation and implementation of on-street overnight parking should be discussed at the Public Meeting.
Permitting Second Suites requires
resolution of the front yard parking issue
The Development Services Committee has
identified that the resolution of illegal front yard parking is an important
step in developing a strategy to deal with second suites in
CONCLUSION
The By-law
should prohibit parking on a front or exterior side yard except on a driveway
Any
amendment adopted by Council should clearly prohibit parking in a front or
exterior side yard, except on the driveway between the garage and the street
line or a parking pad and the width of the driveway/parking pad should be controlled. The By-law should also make allowance for
front yard parking on driveways in non-typical situations, such as circular
drives, dwellings with no garages and garages that face an interior side lot
line.
To implement
refinements to the zoning By-laws a number of provisions would need to be amended
Staff anticipate that
a number of revisions to the zoning By-laws will be required. Adding a new section to the parking By-law
may be the most appropriate way to incorporate new provisions into the Town’s
zoning By-laws. The new section would regulate
front and exterior yard parking associated with single detached, semi-detached
and townhouses that have direct access to a public street. The new section would include:
·
definitions, similar to
those listed in Appendix ‘A’;
·
provisions to regulate the
maximum width of residential driveways, for lots with and without garages;
·
provisions to clarify that
motor vehicles can only park within this defined area; and
·
provisions to allow for and regulate circular driveways and driveways that face an
interior side lot line.
It is appropriate to hold a Public Meeting to
consider possible changes to the Town’s zoning By-laws
and options for administration of by-law enforcement and on-street overnight
parking. Development Services Commission staff recommend
the strategy and options discussed in this report be presented at a Public
Meeting. These matters, and any others
identified at the Public Meeting, will be addressed in
a recommendation report to be presented to Development Services following the
Public Meeting.
FINANCIAL CONSIDERATIONS
None
at this time.
ENVIRONMENTAL CONSIDERATIONS
Landscaping such as
trees, shrubs, flowers, grass and other horticultural elements are less likely
to be replaced with hard non-permeable surface areas
such as stonework and paving.
ACCESSIBILITY
CONSIDERATIONS
None
at this time.
BUSINESS UNITS CONSULTED AND AFFECTED
The business units consulted and affected include
Legal, By-law Enforcement, Strategic
& Policy
ATTACHMENTS
Tables
Table A – Driveway Survey
Table B – Vehicle
Widths by Class of Automobile
Table C –
Examples of Vehicle Widths by Make and Model
Appendices
Appendix ‘A’ – Proposed Definitions/General Provisions for Inclusion
in a By-law Amendment
Figures
Figures 1 to 5 –
Parking/Driveway Scenarios Conventional and Wide
Shallow Lots
Figures 6 to 12 – General Parking/Driveway Width Scenarios
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Valerie Shuttleworth,
M.C.I.P., R.P.P. Director of |
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Sheila Birrell, Town Clerk |
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Jim Baird,
M.C.I.P., R.P.P. Commissioner of Development
Services |
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Q:\Development\Planning\APPL\ZONING\04 025944 Front
Yard Parking\front yard parking report (draft_4).doc
Attachments
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Table A – Driveway Survey |
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Driveway width no wider
than the garage door opening plus 1.0 metre |
Driveway widths range
between 1.0 and 1.5 metres wider than the garage door |
Driveways that are wider
than the garage door opening plus 1.5 metres |
Total Driveways Surveyed |
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3,686 |
493 |
978 |
5157 |
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71.48% |
9.56% |
18.96% |
100% |
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Table B – Driveway Widths |
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Garage
Type |
Garage
Door Opening Width (metres) |
Driveway
Width Equals Garage Door Opening plus 1.0 metres (metres) |
Driveway
Width Equals Garage Door Opening plus 1.5 metres (metres) |
Driveway
Width Equals Garage Door Opening plus 2.0 metres (metres) |
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Single Car Garage Door |
2.44 – 3.66 1. |
3.44 – 4.66 |
3.94 – 5.16 |
4.44 – 5.66 |
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Double Car Garage Door |
4.27 – 5.49 2. |
5.27 – 6.49 |
5.77 – 6.99 |
6.27 – 7.49 |
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Two Single Car Garage Doors |
5.18 – 7.62 1 & 3. |
6.18 – 8.62 |
6.68 – 9.12 |
7.18 – 9.62 |
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Three Single Car Garage Doors |
7.92 – 11.58 1 & 4. |
8.92 – 12.58 |
9.42 – 13.08 |
9.92 – 13.58 |
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Notes:
1. The “Single Car Garage Door” opening width is a common dimension. The widths of single car garage door openings range from approximately 2.44 to 3.66 metres.
2. The “Double Garage Door” opening width is a common dimension. The widths of double car garage doors range from approximately 4.27 to 5.49 metres.
3. The “Garage Door Opening Width” for “Two Single Car Garage Doors” equals two “Single Car Garage Doors” plus 0.3 metres for one intervening column.
4. The “Garage Door Opening Width” for “Three Single Car Garage Doors” equals three “Single Car Garage Doors” plus 0.6 metres for the two intervening columns.
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Table C – Typical Vehicle Widths by
Class of Automobile |
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Class of
Automobile |
Typical |
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Subcompacts |
1.52
to 1.73 |
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Compacts |
1.68
to 1.73 |
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Midsize |
1.70
to 1.83 |
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Large Cars |
1.73
to 2.03 |
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Large
Pick-ups |
1.96
to 2.14 |
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Table D - Examples of Vehicle Widths
by Make and Model |
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Mercedes Smart Car - 1.515 |
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Mini Cooper - 1.688 |
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Ford Explorer - 1.831 |
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Chrysler PT Cruiser - 1.704 |
Cadillac STS - 1.844 |
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Saturn ION - 1.707 |
BMW 525i - 1.846 |
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Dodge SX - 1.712 |
Nissan Pathfinder - 1.849 |
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Honda Civic - 1.715 |
BMW X3 - 1.853 |
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Chevrolet Cobalt - 1.724 |
Ford Taurus - 1.854 |
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Chevy Cavalier - 1.745 |
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Subaru Outback - 1.770 |
Ford 500 - 1.892 |
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Ford Crown |
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Chrysler Sebring - 1.793 |
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Chevy Silverado - 1.994 |
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Honda Accord - 1.814 |
Chevy Tahoe - 2.004 |
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Hyundai |
General Motors Hummer H2 - 2.063 |
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Mercedes E 350 - 1.822 |
Jeep Grand Cherokee - 2.139 |
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Note: Width dimensions were collected from the manufacture specifications posted their web sites. All dimensions are in metres. |
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Appendix ‘A’
Proposed Definitions/General
Provisions for Inclusion in a By-law Amendment
"DRIVEWAY means a defined area providing access for motor vehicles
from a public or private street or lane to facilities such as a parking area,
parking lot, loading space, private garage or other building or structure.”
New General Provision
Where a driveway leads to a private garage, the driveway shall have a
maximum width equal to that of the garage width of the private garage, plus X
metres. In cases where there is no
private garage, a parking pad is permitted, provided it is no wider than Y
metres. In no case shall a driveway or
parking parking be located in the required interior side yard for the main
building on the lot.”
“GARAGE WIDTH means the width of the garage opening(s), which is used
for vehicular access. Where there is
more than one opening, the garage width shall be the distance between the two
outer of the garage openings, including any intervening columns, doors, windows
or wall sections which may separate two or more garage openings.”
"PARKING
PAD means an open area of land that is paved and/or treated with a stable
surface that is used for the parking and/or storage of no more than three MOTOR
VEHICLES in the FRONT YARD on a
“FRONT YARD means a YARD
extending across the full width of the
“YARD means an open,
uncovered space on a LOT appurtenant to a BUILDING and unoccupied by BUILDINGS
or STRUCTURES except as specifically permitted in this By‑law.”
"
"MAIN
WALL means the exterior front, side
and/or rear wall of a BUILDING and all structural components essential to the
support of a fully enclosed space.”