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Home My WebLink AboutWD-21-01 ~. . THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # ~ Date: MAY 7, 2001 Res. #Cf7I9-.3Y -0 I Report No.: WD-21-01 By-Law #cZOl- fTf Subject: DISABLED PARKING OFF-STREET Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-21-01 be received; 2. THAT disabled parking spaces at the Clarington Mall (2379 Highway 2, 2387 Highway 2 and 90 Clarington Boulevard, Bowmanville) be included in Traffic By-law 91-58 Schedule XXX "OFF-STREET PARKING FOR DISABLED PERSONS" as requested by the owner, Valiant Property Management; and 3. THAT the proposed by-law attached to Report WD-21-01 be forwarded to Council for approval. REPORT 1.0 ATTACHMENTS No. I: Correspondence dated March 9, 2001 from Valiant Property Management No.2: Proposed by-law amendment to replace Schedule XXX of By-law 91-58 2.0 BACKGROUND 2.1 At a meeting held on April 2, 2001 Council referred correspondence dated March 9, 2001 to the Public Works Department and the By-law Enforcement Division for preparation of a report to the General Purpose and Administration Committee. In the correspondence, 665 . REPORT NO.: WD-21-0l PAGE 2 Valiant Property Management, owner of the Clarington Mall (Bowmanville), has requested the inclusion of the disabled parking spaces provided in accordance with the approved Site Plan Agreement on the properties located at 2379 Highway 2, 2387 Highway 2 and 90 Clarington Boulevard within the Municipal Traffic By-law to permit full legal enforcement of the designated spaces. 3.0 REVIEW AND COMMENT 3.1 The property owner, Valiant Property Management, is concerned about regular abuse of disabled parking spaces by customers without the provincially approved permit. Currently, private property owners who request enforcement of disabled parking spaces must be present to sign the "Certificate Of Parking Infraction" and the violators will only be charged with "parking on private property without owners consent". This carries a set fine of$23.00 and an early payment fine of $15.00. By adding specific private property addresses to Traffic By-law 91-58 Schedule XXX "Off Street Parking For Disabled Persons", the property owner does not need to be present and violators will be charged with the higher set fine of $300.00 and early payment of $200.00. Valiant Property Management anticipates that the increased fine and flexibility for Municipal staff to provide regular parking enforcement without requiring the presence and authorizing signature of the owner each time will curb abuse. 3.2 At a site meeting April 11, 2001, staff from Public Works and By-law Enforcement met with Nancy Keenan of Valiant Property Management to review the sign locations, as specified in the Site Plan Agreement. The owner, who was provided with a copy of the signing requirements, was advised that the by-law can not be enforced unless the Provincially approved disabled parking sign is in place for each stall. Blue pavement marking is often used as an added visual feature but is not legally enforceable by itself without the proper sign being posted. The property is known as Clarington Mall and includes 2379 Highway 2 "strip mall and Zellers", 2387 Highway 2 "McDonalds" and 90 Clarington Boulevard "Kelseys". ggq REPORT NO.: WD-21-01 PAGE 3 3.3 As new site plans are approved with designated disabled parking, the property owner will be asked by the By-law Enforcement Division to confirm in writing that they wish to permit proper enforcement by being added to the Traffic By-law schedule. Existing property owners will need to contact the By-law Enforcement Division in writing to request enforcement and inclusion in the by-law Schedule. In some cases, this will involve a site plan amendment by the owner to designate disabled spaces. If the property owner and By- law Enforcement Division are satisfied with the request, an amendment to the Municipal Traffic By-law will be prepared by the Public WOIks Department and presented to Council for approval. 4.0 CONCLUSION 4.1 That Council be provided with a proposed by-law amendment to Traffic By-law 91-58, Schedule XXX, "Off Street Parking For Disabled Persons" to include the disabled parking spaces at the Clarington Mall as requested by the property owner. Respectfully submitted, Reviewed by, ~~ Stephen A. Vokes, P. Eng., Director of Public Works Fc;1~~~~ Chief Administrative Officer RDB*SA V*ce 26/04/01 Pc: Valiant Property Management ATTN: Ms. Nancy Keenan 177 Nonquon Road, 20th Floor Oshawa, ON LlG 3S2 667 'OlMAR16 PIt 2:46:58 ~"li"nl f))tt(9pef4~ ./IlatUUJemenl 177 NONOaUON ROAD. 20th FLOOR. - 05HAWA. ONTARIO LtG 352 Tele: (905) 579-1626 Fex: (905) 579.9472 ll!'mrcmn\;;;," rl'C'" H ,'_:1' ,.t, ,," . .J d' .'" -, ,1.\. \. ~,-- ~~ ~.i~'~.~_:.J MAR 1 4 :W01 MARCH 9, 2001 111"',II("P~' 'TV r;:: ......! J.l':'lr,~r.:-:-Oi.; ',' j,J~;h"" ,--.L..l.. \..,' .......T.r....~. " MAYCrrS Qrf;C~ Mayor Mutton and Council, 40 Temperance St., Bowmanville, Ontario. LlC 3A6. IAffiNTlON MUNICIPALITY OF CtAP.i~~:~IG.'~ ;ic\;~:':;:':) ~~AR 2 3 2001 tN~a & F~B. '^-'<';" . '.' J '.l', .'~ to." _ _..i , '--:J' \;;e'"'' .: "-"',"'r i . .,.'_'..._.... .- .- ~'>/.2'~ .:..-.,::,~,'" ; I . _. ~--5au PUBliC ~j'GRKS DEPT. t-----.--. I !.-:~.7'..i:'."!" ~ :: -~rt''''fi " j"""'__ .... v. .., ,. . Taka J1r.pr:::.;1!1ats ;'.ct,:Jil Dear Mayor Mutton and Council: Ale We are the owners of the Clarington Mall and I am requesting that you add to your bylaw the Handicapped spots in the plaza. We are having a problem with people using these spots that are not authorized. Thanleing you in advance for this request. Yours truly, ,/1. ~~v' Nancy Keenan Property Manager . FJ.,;t?.' ;'u /~~ ~"""'~."-1 .', ..--; ; . .' .--.1 ! -, , ~.-~ -~-----: ._ _____of ....; 668 ATTACHMENT NO.: 1 REPORT NO.: WD-21-01 THE CORPORATION OF TIIE MUNICIPALITY OF CLARINGTON BY-LAW 2001- Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, MWlicipal and Private Property in the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Claringron deems it desirable to amend By-law 91-58; NOW lHEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1) Schedule:XXX "Off-Street Parking For Disabled Persons" afBy-Iaw 91-58 is amended by: A) Deleting Schedule XXX in its entirety and substituted with the following revised Schedde XXX: / SCHEDULE XXX OFF-STREET PARKING FOR DISABLED PERSONS COLUMN 1 Location COLUMN 2 Number of Stalls MunicipalityofClarington- Caurtice Community Complex 2950 Region Rd 341Courtice Rd (Courtice) 4 Municipality of Claringtoo- Darlington Sports Com~ex 2276 Region Rd 4fTaunton Rd (H..npton) 2 Municipality of Clarington . Division Street Parking Lot 30 Division 5t (Bowmanvilte) 2 Municipality of Claringlon - Fitness Centre Parking Lot 49 Region Rd 14/Uberty St. N. (Bowman~I~) 2 Municipality of Clarington - G. Rickard Recreation Complex 2440 Durham Hwy 2 (BowmMville) 9 Municipality of Clarington Mill Street Parking Lot 49 Reg"" Rd 17 /Mill St N (Newcastle) 2 Municipality of ClaringlOll - Silver Street Parking Lot 15 Silver Street (Bowman~lIe) ClaringtonM~1 2379 Hwy 2 (BowmMville) 14 ClaringtonMall 2387 Hwy 2 (Bowmanville) 669 ATTACHMENT NO.: 2 REPORT NO.: WD-21-01 . -2- ClaringtonMall 90 Clarington Boulevard (80wman,;lIe) 2 2) This By-law shall come into force and take effect on the date approved by Council and when signs to the effect are erected. BY-LAW read a first and second time this 14th day of May 2001. BY-LAW read a third time and finally passed this 14" day of May 2001. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 670