MINUTES

SPECIAL DEVELOPMENT SERVICES COMMITTEE

2006-06-19

Council Chamber

Meeting No. 12

All Members of Council

Development Services                                                                             Economic Development

Chair:              Councillor G. McKelvey                                                                                         Chair:          Councillor J. Virgilio

Vice-Chair:      Councillor D. Horchik

 

 

Attendance

Deputy Mayor  F. Scarpitti

Regional Councillor J. Heath

Regional Councillor J. Jones

Councillor S. Daurio

Councillor E. Shapero

Councillor J. Virgilio

Councillor J. Webster (7:30)

Councillor G. McKelvey

Councillor D. Horchik

Councillor K. Usman

 

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

A. Taylor, Commissioner of Corporate Services

C. Conrad, Town Solicitor

D. Miller, Senior Project Coordinator

B. Wiles, Manger, Enforcement and Licensing

K. Bavington, Committee Clerk

 

 

The Special Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair.  

 

 

DISCLOSURE OF INTEREST –None Declared

 

 

 

1.         EXTENDED DRIVEWAYS:
            FRONT AND EXTERIOR YARD PARKING
            IN RESIDENTIAL AREAS (ZA 04 025944) (10.5)

            Minutes   Correspondence   Appendices   By-law 

 

The Committee had before it:

- The Report of the Extended Driveways Working Group, dated June 19, 2006

- Minutes of the Working Group meetings: May 18 and May 25

- Minutes of the community meetings: May 29, May 30, June 1, June 7, June 8

- Town-wide survey of existing driveways and background information

 

 

 

- Correspondence from:

            1.         Don Hutchinson

            2.         Paul Fink

            3.         Harry Eaglesham

            4.         Harry Eaglesham

            5.         Jay Steles

            6.         Linda Lerner

            7.         Donna Wigmore

            8.         Roddy Liang

            9.         Donna Wigmore

            10.       Barb Lazarus

            11.       Joseph Frohlinger

            12.       Eileen Liasi and Joyce Howarth

            13.       Saul Saleh

            14.       Peter MacLeod

            15.       Barbara (Rae) Yeates

            16.       Eileen Liasi

            17.       Peter MacLeod

18.        Gerald M. Devins

            19.       Eileen Liasi

 

Staff gave an overview of the history of the extended driveway initiative and activities since the April 25, 2006 Council Meeting, involving the Extended Driveways Working Group and community meetings.

 

Committee and staff discussed the methodology of the random Town-wide survey of existing driveways for compliance.

 

Members of the Extended Driveway Working Group were introduced, and were congratulated on their hard work. A presentation was made by Don Hutchinson, representing the Working Group.

Mr. Hutchinson expressed appreciation for the public participation and support of staff, and he emphasized that a substantial volume of information and work was involved, in a severely compressed time frame.

 

The recommendations were presented, with commentary:

 

1.       That By-Law 2006-96 as given two readings by Markham Council be modified at section 6.2.4.2 by increasing the maximum driveway width permitted under a) i) to 2.0 metres wider than the garage door opening, provided that a minimum 1.5 metre wide soft landscaping apron is provided from the street to the front of the garage.

 

2.       That the Town implement a policy of general amnesty for all existing driveways, except for the worst offenders (to be defined in zoning terms).  For example, the Working Group expressed that in no case should there be less than 25% soft landscaping in the front yard adjacent to the driveway.

 

3.       That the Town make a concerted effort to encourage all non-complying driveways to be brought into conformity over time, starting with the "worst offenders", through communication, education and voluntary retrofit with an incentives program.

 

4.       That the Town’s current general prohibition of on-street overnight parking should be maintained.

 

5.       That the curb cut regulations should be reviewed.

 

6.       That additional means for regulating driveway construction/expansion should be explored by staff, such as requiring a permit or equivalent for driveway construction/expansion.

 

7.       That no parallel parking on private property should be permitted.

 

8.       That parallel parking in the public boulevard where it does not interfere with the sidewalk be allowed to continue.

 

Committee expressed appreciation to the Working Group and acknowledged the Group’s offer to continue meeting with staff to work on details.

 

Mr. Hutchinson clarified that amnesty recognizes that a small percentage will not conform to new provisions, and remedies are being suggested for the worst offenders. Committee noted that the original proposal did not include a requirement to remove non-conforming hard surfaces, and discussed general amnesty, incentive programs and assistance for retrofitting, and Committee of Adjustment options, as well as record and registry provisions that would be required.

 

The following people spoke to the Committee regarding the proposed bylaw:

-          Gerald Devins, 31 Durie Lane – in opposition

-          Joy Shapiro, 2 Peterborough Avenue – in opposition

-          Paul Fink, representing the German Mills Ratepayer Association, and a member of the Working Group – with comments

-          Orna Salem, 32 Poinsetta Drive – in opposition

-          Eileen Liasi, 9 Aberfeldy Crescent – in opposition

-          Eric Lerner, 58 McKelvey Drive – in opposition

-          Dana Clarfield – in opposition

 

Their comments included:

-          the proposed by-law creates more harm than good and will cause hardships with little benefit

-          demographics and an aging population with mature children who need to park

-          new provisions should apply to new construction, not to established residences

-          the corner lot at 2 Peterborough Lane experiences frequent flooding and icy road conditions, so parking on the street in that area would not be feasible

-          amnesty would address the needs of those who need extra driveway space while addressing aesthetics

-          if other municipalities are using our old data in determining their new standards, we should set their new standards aside and determine our own new standards

-          with the current mass transit situation and resulting dependence on cars, owners should be able to park 2 cars side-by-each and be able to open their doors

-          handicapped residents would have difficulty parking on the street and should not have to jockey cars

-          parking on the street at night will not enhance the aesthetics of properties

-          existing driveways that extend to lot lines should not be forced to extend in the opposite direction instead

-          eyesores and reduced property values are caused by the number of derelict vehicles, and commercial vehicles involved in non-conforming businesses within  residential areas. By-law enforcements is needed for the type of vehicles and use of properties, not for extended driveway issues

-          uncut grass and lack of landscaping create worse impacts on aesthetics

-          reduced parking will result in lower property values

-          houses that were bought 20-30 years ago now contain grown children and need more cars

-          extended driveways should not be a problem if done tastefully

-          owners of single car garages will be unfairly required to pay for street parking

-          budget money could be better spent than on the driveway issue

-          several speakers found favour with the Working Group’s recommended modifications to the draft by-law that had received two readings

 

In response to questions and comments, staff advised that over 1,000 complaints have been received since 2003, and that on-street parking permits cost in the range of $20-25 per month.

 

Discussions included lot sizes, and the concerns with parallel parking. It can be a nuisance to neighbours when it occurs in the front yard lose to homes, but it is already permitted within the existing paved boulevard portion below the sidewalk. Committee discussed the aspect of determining the worst offenders, which number less than 5% of properties. Staff was directed to provide details on amnesty and logistics for this issue, as well as the 40% soft landscaping and other matters discussed.

 

The Chair announced that this matter will be coming forward to Council at 7:00 p.m. on June 27, 2006.

 

Moved by: Councillor J. Webster

Seconded by: Councillor E. Shapero

 

That the deputations by Gerald Devins, Joy Shapiro, Paul Fink, Orna Salem, Eileen Liasi, Eric Lerner, and Dana Clarfield regarding the proposed zoning by-law amendment with respect to extended driveways, be received;

 

And that the written submissions from Don Hutchinson, Paul Fink, Harry Eaglesham, Harry Eaglesham, Jay Steles,             Linda Lerner, Donna Wigmore, Roddy Liang, Donna Wigmore, Barb Lazarus, Joseph Frohlinger, Eileen Liasi and Joyce Howarth, Saul Saleh, Peter MacLeod, Barbara (Rae) Yeates, Eileen Liasi, Peter MacLeod, and Gerald M. Devins, regarding the proposed zoning by-law amendment with respect to extended driveways, be received;

 

And that the background information and correspondence regarding extended driveways be received;

 

And that the Report of the Extended Driveway Working Group, dated June 19, 2006, be received, and referred to staff for report and recommendation at Committee of the Whole on June 27, 2006.

 

 

ADJOURNMENT

 

The Special Development Services Committee meeting adjourned at the hour of  8:45 p.m.