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REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, MARCH 25, 2002 Po I Resolution #{;fff-/L/I-o;<
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Report #: EGD-14-02 File #: D.02.35.07 By.law #:
Subject: REQUEST FOR PARKING BY-LAW EXEMPTIONS
SUMMERLEA COURT, COURTICE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-14-02 be received;
2. THAT the existing policy that parking not be permitted in the turning basin or
center of any cul-de-sac remain unchanged and that the residents of Summerlea
Court not be provided with any special exemptions from existing by-laws at any
time of the year including:
. Parked within 1 metre of a driveway
. Parked on a roadway between 3:00 a.m. - 5:00 a.m.
. Parked with right wheels more than 15 cm from curb and
. Parked longer than 3 hours; and
3. THAT Asa Pixley be advised of Council's decision.
Submitted by: .4ttf~d/
A.S. Cannella, C.E.T.
Director of Engineering Services
\
Reviewed bl J ( c:cJ.!J)_ [~~
Franklin Wu
Chief Administrative Officer
RDB*ASC*ce
03/18/2002
701
'L ~
REPORT NO.: EGD-14-02
PAGE 2
1.0 BACKGROUND
1.1 At the Council meeting of September 24, 2001, a petition from the residents of
Summerlea Court in Courtice was received requesting Council to have the
following parking infractions omitted from applying to Summerlea Court, only
during the months where there is no snow:
. Parked within 2 metre of a driveway
. Parked on a roadway between 3:00 a.m. - 5:00 a.m.
. Parked with right wheels more than 15 cm from curb and
. Parked longer than 3 hours
The reasoning of residents for requesting the removal of these infractions is as
follows:
1. Between 3:00 a.m. and 5:00 a.m., parking poses no danger problems
for residents.
2. Between the driveways, where the sidewalk is, only permits 1
vehicle.
3. Overnight guests cannot park anywhere within the court; and
4. A court location should not be considered a throughway and only
residents and visitors use it.
Council passed Resolution #C-521-01 referring Item D-17 to staff and to the
Clarington Traffic Management Advisory Committee.
1.2 Previous Reports
The issue of parking in courts has arisen a number of times in the past with
residents feeling that they should be able to park in the center of the courts as
they are the only ones that use it. The court serves not only the local residents
702
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REPORT NO.: EGD-14-02
PAGE 3
but must also permit access by larger vehicles such as Emergency Services,
snowplow operations, hydro, garbage and recycling trucks.
At a meeting held on May 26, 1997, the Council of the Municipality of Clarington
passed the following Resolution #GPA-326-97:
"THAT Report WD-31-97 be received;
THAT the existing policy that parking not be permitted in the turning
basin or center of any cul-de-sac remain unchanged; and
THAT Ralph Brown be advised of Council's decision."
A copy of Report WD-31-97 is attached for your information.
2.0 REVIEW
2.1 Review by Clarington Traffic Management Advisory Committee
At its meeting of October 18, 2001, the Clarington Traffic Management Advisory
Committee, it was noted that the majority of matters are by-law enforcement
responsibilities. The one concern of the Committee is the use of the cul-de-sac
roadways for parking in the center of the court. The request for relaxed curbside
distances to allow parking in locations other than curbside is opposed
unanimously by the members.
2.2 Public and Emergency Access
Residents are not the only ones who need access to courts as a house fire or
other emergency could occur at any time, including between the hours of
3:00 a.m. and 5:00 a.m. All municipal streets, including courts, are used by
larger vehicles such as hydro, garbage, recycling, delivery vehicles and
snowplows which require a larger turning radius than passenger vehicles.
703
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REPORT NO.: EGD-14-02
PAGE 4
2.3 On-Street Parking Opportunities Reduced by Functional Design of Courts
Staff are not aware of any municipality which permits motorists to park in the
center of courts. The parking regulations which the residents are requesting
exemptions from are in place not only in Clarington, but most other municipalities
across Ontario as well. There would not appear to be any justification to exempt
residents from this or any other court from the existing by-laws.
Home purchasers should recognize the parking shortage in courts due to the
close proximity of driveway entrances as a disadvantage, but a suitable trade-off
to avoid through traffic. The reasons provided by the residents of Summerlea
Court to lift parking restrictions has not convinced the Clarington Traffic
Management Advisory Committee or staff that changes are required.
If adequate on-street parking is not available in a court or street, then residents
or visitors must park on adjacent streets but must still obey existing parking
regulations. A parking permit can also be purchased through the Municipality for
overnight parking, but this does not exempt them from other parking restrictions
such as parking in the center of the court or within 1 metre of a driveway.
Summerlea Court is also burdened with the existence of a sidewalk on the north
side, which further reduces parking opportunities by limiting parking on the paved
driveways. Courts are not usually provided with sidewalks unless they access a
municipal walkway leading to a park or open space. In this case, Summerlea
Court provides access to nearby residents to Gatehouse Parkette.
2.4 Enforcement
Parking enforcement is generally performed by Municipal Law Enforcement
Personnel rather than Durham Regional Police. Enforcement is often based on
resident complaints, while at other times there may be some discretionary
powers. The existing by-laws are in place to ensure property access by both
residents and other users such as emergency, maintenance and collection
704
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REPORT NO.: EGD-14-02
PAGE 5
trucks, rather than the convenience of parking. The Senior Municipal Law
Enforcement Officer has reviewed, and concurs with, the recommendation.
3.0 CONCLUSION
3.1 That the existing policy that parking not be permitted in the turning basin or
center of any cul-de-sac remain unchanged and that the residents of Summerlea
Court not be provided with any special exemptions from existing by-laws during
months with no snow.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Report WD-31-97
Attachment 3 - Petition from Summerlea Court Residents
Interested parties to be advised of Council's decision:
Asa Pixley
5 Summerlea Court
Courtice, ON
L 1 E 1 86
Clayton Morgan
Clarington Traffic Management Advisory
Committee
31 Parkway Crescent
8owmanville, ON
L 1 C 1 89
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282
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I REPORT EGD-14-02
I I ATTACHMENT NO.1 MARCH
706
ATTACHMENT NO.: 2
REPORT NO.: EGD.14-02
THE CORPORATION OF THE MUNICIPALITY OF CLAlUNGTON
xxxXlti~~~~~~~xx
REPORT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File #
Res. #
By-Law #
Date:
May 20, 1997
Report #:
Subject:
WD-31-97 File #:
PARKING :IN THE CENTRE OF TURNING CIRCLES
(WILDB COURT, BOWMANvJ:LLB)
Recommendations:
It is respectflllly. recommended
Administration COmmittee recommend
that the General Purpose
to Council the following:
and
1. THAT Report WD-31-97 be received;
2. THAT the existing policy that parking not be permitted..iilthe.
turning basin or centre of any Clll.,.Cie-sac remain unchaI:l.ged; and
.
3.
THAT ~lph Brown be advisedo.f Council's decision.
.
~-
REPORT
1..0 . ATTACHMENTS
NO.1: Key Map
No.2: Petition received from Wilde COllrt on Janllary 13, 1997
2 . 0 BACKGROUND
2.1 At a meeting held on January 13.., 1997, the Council of the
Municipality of Clarington pal;lsed, the following Re!3O!Rtion #C-3S.,.
97
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"THAT the delegation of Ralph Brown be referred to
the Director of Public Works, the Director of
Planning and. Development, and the Clerk to
investigate the situation and prepare a report to
be submitted to the General Purpose and
Administration Committee; and
"
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1 ') 1 11
REPORT NO.: WD-31-97
PAGE 2
THAT Mr. Brown be advised of Council's decision."
3 . 0 REVIEW AND COMMENT
3 .1 Introduction
The Municipality of Clarington has approximately 120 turning circles
located within its boundaries. Prior to 1986, municipal standards .
varied and Wilde Court was built with a fifteen (15) metre outside
curb radius and no centre island. From 1986 to 1990 the standard
was set at a fifteen. (15) metre outside curb radius with no island.
The standard from 1990 to the present is a 13.5 metre outside curb
radius with no island.
Some municipalities, such as Oshawa, still include islands within
turning circles as part of their construction standards. Such an
approach obviously eliminates the potential for parking in the
centre of turning circles. The trend towards a smaller turning
radius has made it more difficult for large vehicles to negotiate
turns within turning circles. The absence of centre islands permits
additional manoeuvring room for large vehicles, improved.. snow
storage, and improved traffic movement.
The residents of Wilde Court are asking for a five (5) metre wide
painted lane around the court to create a designated travel lane
with a proposed parking area in the centre. Any decision affecting
the parking in Wilde Court could set a precedent for other turning
circles in the municipality.
3.2 CoDDllents from Various Departments and Aqencies
Clerk's Department (By-law)
The by-law enforcement officers have issued tickets in numerous
turning circles throughout the municipality for many years prior to
1.995. Enforcement is often applied on a complaint basis, but is
increased during the winter months to ensure that snow removal
operations can be performed. Staff is not aware of any municipality
which permits parking in the centre of a roadway or turning circle.
708
1,215
REPORT NO.: WD-31-97
PAGE 3
The By-law Department is opposed to the proposed parking request,
as it will lead to additional parking complaints.
The parking tickets are issued as per Traffic By-law 91-58, Section
4 (1) (A), as follows:
"No person shall park or stop any vehicles on any
highway or portion thereof except as follows:
Where there is a curb on the right side of
the travelled portion of the highway, having
regard to. the direction such vehicle was
proceeding, with its right front and rear
wheels parallel to and not more than 15 em
out from such curb."
Motorists parked in courts are occasionally charged under Section
4 (4) (D) as follows:
"No person shall on any highway stop any vehicles
in such a manner as to interfere with the movement
of traffic or the clearing of 'snow from the
highways."
Other violations observed in Wilde Court include:
-
. Parking within one (1) metre of a driveway;
. Parking in driveways with the vehicle extending beyond the
curb line;
.
Angle parking; and
Parking in excess of the three (3) hour limit.
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3 . 3 P~anning Department
When the draft plan of subdivision including Wilde Court was
approved and eventual~y constructed, the dwelling units fronting
onto Wilde Court were sited in consideration of the regulations
contained in the former Town of Bowmanville Zoning By-law 1587. A
ill
709
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REPORT NO.: WD-31-97
PAGE 4
minimum of one and one-half (1.5) parking spaces per dwelling unit
was to be provided.
The Municipality's current Zoning By-law (Comprehensive Zoning By-
law 84-G3) requires two (2) parking spaces per unit. From the
siting plan of Wilde Court, it wo~ld appear that s~fficient area
exists to provide this ~pdated minimum of two (2) spaces per each
unit. Consequently, with their longer than average driveways, Wilde
Court homes have similar or higher parking availability as compared
to other courts- being approved today.
~
3 .4 Fire Department
The Fire Department prefers courts with no centre island, b~t
objects to the parking of vehicles in the centre of the court, as
they want the area for their ~se in an emergency. Vehicles parked
in the centre of the court co~ld force the larger emergency vehicles
to park back at the throat of the cul-de-sac and impede the fire .
crew's operation. If a centre island curb were in place, the fire
trucks coul.d drive over it in an emergency, b~t they cannot
manoe~vre around parked cars. The Fire Department is opposed to the
parking request.
3.5 Public Works
Public Works is opposed to the parking request, with snow clearing
operations being the primary concern. The driving surface of a
court becomes considerably smaller in the winter months d~e to snow
accumUlation extend;!.ng o~twards from the curb. In addition, snow
is plowed around the court and into the centre'. The snow is p~shed
into a central pile to improve access around the court and, as time
permits, the snow is loaded onto trucks and removed.
When a vehicle parks in the centre of the court it becomes an
obstruction to both the operation of the plow truck and the snow
storage area. When this illegal parking situation occurs, the plow'
driver cannot perform his d~ties within the turning circle and must
contin~e on with the remainder of his ro~te. This sit~ation
7/0
1217
REPORT NO.: WD-31-97
PAGE 5
generates many complaints _ from the public, stating that their court
was not plowed, but the lack of service is often a direct result of
the illegally parked vehicles.
There are three (3) Public Works' employees sworn in as parking
enforcement officers to assist the By-law Department. It is their
duty to issue tickets to vehicles obstructing any snow clearing
operations, with courts being the most problematic areas.
3.6 Garbage and Recycling Services
Miller Waste Systems (recycling cOllection) and Laidlaw Waste
Systems (garbage cOllection) have difficulty moving around some
courts, and parked vehicles further hamper their duties.
,....
3 . 7 Durham Regional Police
Inspector Ross Smith of 16th Division Bowmanville has reservations
about permitting parking in the centre of courts. To permit parking
is contrary to the existing traffic by-law azld other by-laws
throughout the Region of Durham. To permit parking is also contrary-
to normal practices described within the Highway Traffic Act, which
makes references to parking on the right hand side of the roadway
and not obstructing traffic.
>-
3.8 Desicmated Court Parkinq
Concept
As mentioned above, Staff is opposed to recommending this concept
of on-street parking. Although there is some adVantage to be gained
by the proposal, there are numerous disadvantages:
i....
~.. .
Advantages
. The residents would Obtain short term parking for a portion of
the year.
. The gain of eight (8) centre parking spaces minus the loss of
two (2) curb parking spaces, would equal a net gain of six (6)
parking spaces.
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REPORT NO.: WD-31-97
PAGE 6
Di.sadvantages
. The Fire Department would lose their preferred parking area in
an emergency, i. e. they can use the empty space or drive over
a curb, but they cannot manoeuvre around parked vehicles.
. The garbage and recycling trucks would have less room to
manoeuvre and would prefer no parked vehicles.
. The confusion for the public if one court has legal parking
and others do not. Public confusion makes it more difficult
for By-Law Enforcement and the Courts to enforce by-laws.
. Additional. requests would be received. Once one court
receives designated parking, others would likely request it.
The additional requests would result in additional staff time
for review, reports, additional costs associated with
installation, and maintenance costs of signs and pavement
markings.
. Residents may object to signing requirements which may seem
extreme, but would be necessary for enforcement.
. Residents would still receive parking tickets for a variety of
reasons, such as parking during the winter season, parking
over three (3) hours, parking on or over the boulevard if a
vehicle extends beyond the curb line.
. It would be difficult to stop the public habit of parking in
the winter season if they are permitted to park at other times
of the year.
. Wilde Court is large and would hold eight (8) vehicles, but
standard courts being built today would only' hold four (4) or
less.
. Children, who love to play in courts because of the low speed
and volume of traffic, would be playing between parked cars
and could be hidden from a driver's view.
. The By-law Enforcement Department would receive complaints of
some motorists using spaces on a permanent basis, in excess of
three (3) hours, and preventing the intended temporary use.
. If any residents park in their driveways, but leave the
vehicle protruding into the travel lane, combined with
712 .
1'219
REPORT NO.: WD-31-97
CONCLUSIONS
From the above, it is concluded that, although space exists for
parked vehicles'within the centre of turning circles, there are
numerous safety, maintenance, legal, and 'garbage collection issues
which would make this an ongoing enforcement problem. Every
department or agency contacted had reservations about the request
and would not support it.
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PAGE 7
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vehicles parked in the centre of the turning circle, the
vehicle would interfere with traffic movement.
Residents backing from driveways would have to watch for
parked vehicles and pedestrians more closely.
This type of parking is not permitted anywhere else and, if
challenged in court, the by-law or signing could be jUdged as
invalid.
Although all residents of Wilde Court signed the petition
supporting the proposed parking in their location, other
residents, such as those on Maconnachie Court, have strongly
requested, through a petition, that parking in their court be
prohibited and strictly enforced. In other courts, the
residents may be divided on ,the issue and a decision Would
have to be made in support or against parking within the
turning circle.
.
.
,--
Respectfully submitted,
Reviewed by,
....
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Director of Public Works
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RDB*ph
May 14, 1997
Attachments
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Stockwell
Administrative Officer
W. H.
Chief
Mr. Ralph Brown
6 Wilde Court
BOwmanville, ON L1C 3X6
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Mr. Robinson
7 Willow Court
Newcastle, ON L1B 1J6
713
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PROPERTY
LINE
CURB
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KEY MAP 1
DRAWN BY: JM DATE: APRIL 1997
~!!~~~~EN~ ~~.11
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To: Clarington Council
RE: DESIGNATED PARKING AREA HARKED CENTER OF PAVEMENT
WILDE COURT, BOWMANVILLE, ONTARIO.
Back in 1975 or 1976, the council approved the Development of
Wilde Court. The plans were approved by the Council at the time.
Parking for visitors must not have been given much consideration.
The roadway of the court is circular, measuring approximately
30.5 meters in diameter with an entrance 8.3 meters wide and
18.25 meters long.
For over 14 years, that I am aware of, vehicles have been parked
in the center of this court for short periods during the day and
evening by visitors to residents of the court, as well as,
residents on Hobbs Drive and Deerpark. Also, people have been
observed parking in the court to enter the Soper Creek area to
walk and exercise animals.
The parking has never created any problems with the residents of
the Court. The parking has usually been done in the center,
without interfering with the laneways of the permanent residents.
Because of the design, a walkway to the green belt and fire
hydrant, there is very little area to park along the alleged
curb.
When vehicles are parked according to the letter of the law, Upon
entering the Court; visibility and roadway are restricted. The
court is also used as a play area, which we are well aware of and
everyone drives accordingly, or they hear about it from the
residents.
One night, I counted 31 vehicles parked in the center of this
court, vith no laneways blocked, and with ample room for vehicles
to drive around the court, or enter the laneways. This was a
real exCeptlon. Yes, if a person entered with a Tractor Trailer
or larger vehicle, there could have been .problems, but I am sure
that if that situation arose, it would be cleared very quickly.
Larger vehicles do have problems, even when there are no cars
parked. Example: The garbage truck has to back up a couple of
times because of the radius.
One thing that we, the residents, have been very conscious oi, is
snow removal. There is no way we want to interiere with the good
job the operators do. Yes, they also have to reverse to get
a=ound the court. They do an excellent jOb with the oversized
equipment they are supplied with.
~
All of a suaaen, in 1995, vehicles parked in the center of the
court started receiving. Parking Tickets. $15.00 a shot. Parked
right wheels more than 17 em. from curb. Again, this year, every
so often, Parking Tickets are issued. Due to this enforcement,
which has been originated. by the Town, it becomes n~cessary for
~~e residents of the court to look at a proper vay for us to have
ATTACHtffiNT NO. 2
WD-31-97
715
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Page 2
RE: DESIGNATED PARKING AREA MARKED CENTER OF PAVEMENT
WI LDE COURT, BOWMANVILLE, ONTARI'O.
visitors attend our homes or a place for us to park our vehicles
so that we can use our laneways for other purposes occasionally.
(Re: Home Repairs, Merchandise Deliveries, Duct Cleaning etc.)
Yes, if you
definition of a
the court.
want to interpret the law by
roadway, it is illegal to park
the letter and
in the center of
Therefore, wanting to be law abiding citizens, we request that
the center of Wilde Court be officially marked as a parking area.
This can be done by marking a Traffic Lane 5 meters wide around
the court, which would remove the center from the roadway.
The collection of garbage and recycling will be assisted vith
this type of designation as it will save time and the carrying of
containers a further distance.
L1: is too
residents,
friends.
bad that common sense has not preva1Led, and .ve, as
have had to do something to protect ourselves and our
Please find attached the signatures of residents that are in
agreeance with this request.
,
716
1.223
RESIDENTS
WILDE COU13T
We, the undersigned, are residents of
We all request a DESIGNATED PARKING
Court and have requested Ralph Brown,
Wilde court, Bowmanville.
AREA in the CENTER of the
to speak on our behalf.
II 1 Wilde Court
# 2 Wilde Court
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ATTACHMENT N6.: 3-
R,I(f1~r9'~rf~i61
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Sept. 6, 2001
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
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ATTENTION: By-Law Enforcement Division
We, the homeowners/residents of Summerlea Crt. In Courtice are petitioning
to have the following parking infractions omitted from applying to Summerlea
Court onlv during the months when there is no snow.
1. Parked within 1 metre of driveway.
2. Parked on a roadway between 3:00am - 5:00am.
3. Parked with right wheels more than 15cm from curb.
4. Parked longer than 3 hours.
Reasons for requesting the removal of these infractions are as follows:
1. Between 3 - 5am parking poses no danger or problems for residents.
2. Between the driveways where the sidewalk is only permits 1 vehicle.
3. Overnight guests cannot park anywhere on the court.
4. A court location should not be considered a throughway and only residents
and visitors use it. J.J r /15 b
NAME
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