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HomeMy WebLinkAboutEGD-023-16 Addendum Claring- ton Engineering i Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: June 20, 2016 Addendum to Report Number: EGD-023-16 Resolution: File Number: By-law Number: Report Subject: Proposed Amendments to Traffic and Parking By-law # 2014-059 Regarding Parking on the Boulevard of Corner Lots Recommendations: 1. That Report EGD-023-16 be received; 2. That Addendum to Report EGD-023-16 be received; and 3. That Council approve the By-law attached to Addendum to Report EGD-023-16, as Attachment 3 to amend By-law 2014-059, being a By-law to regulate Traffic and Parking on Highways, Private Property and Municipal Property, to clarify the prohibition to parking on a Highway within 15 m of an intersection. Municipality of Clarington Addendum to Report EG®-023-16 Page 2 Report Overview The current Traffic and Parking By-law (#2014-059) permits "parking on the paved portion of the driveway apron ... provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway". The Municipality has received complaints from residents who state that they do not have sufficient visibility at stop controlled intersections where vehicles are parked on the driveway portion of the boulevard of corner lots. After a review of the matter, staff note that "parking on a highway within 15 m of an intersection" is currently prohibited in the Municipality's Traffic and Parking By-law. The definition of highway in the Highway Traffic Act (and hence the By-law) includes "driveway" and "the area between the lateral property lines [boulevard]". Staff recommend that the By-law include clarification that parking is permitted on the paved portion of the driveway apron; however, not within 15 m of an intersection. 1 . Background 1.1 When Council approved the new Traffic and Parking By-law (#2014-059) in June, 2014, a new section was added to the by-law which permitted parking on the paved portion of the driveway apron within the boulevard provided that the vehicle did not encroach on the sidewalk or the travelled portion of the road. Previously, parking was prohibited "on or over any boulevard". The change was made in an effort to maximize on-site parking and reduce on-street parking, which has several limitations. 1.2 Since the new by-law was approved, staff have received complaints from motorists who state that there is insufficient visibility at stop controlled intersections where vehicles are parked on the boulevard portion of the driveway on lands adjacent to the intersection (see Attachment 2 — Parking Plan near Intersections). 2. Review and Recommendation 2.1 In response to recent complaints, staff reviewed numerous intersections where a stop control exists and where vehicles are parked in the boulevard portion of the driveway on lands adjacent to the intersection. In many cases (particularly in residential neighbourhoods), staff concur that visibility may be hindered where cars are parked in these locations. Reduced visibility is a concern in terms of sight lines for on-coming through traffic (vehicles and cyclists that have the right-of-way crossing the intersection). As this is a safety concern to the travelling public, a thorough technical review was conducted. 2.2 The current Traffic and Parking By-law permits parking on the driveway apron provided that the sidewalk is not blocked; however, it prohibits parking on the highway (including the boulevard and driveway) within 15 m of an intersection in order to maintain sight lines Municipality of Clarington Addendum to Report EGD-023-16 Page 3 at an intersection. The same section of the By-law also prohibits parking on the highway within 30 m of an intersection where authorized signage has been posted; however, the Municipality has very few of these locations, and it is not anticipated that complaints will arise from those few locations. Staff recommend that the By-law be clarified to continue to permit parking in the driveway apron on the boulevard, but not within 15 m of an intersection. 2.3 This does not, in fact, constitute a change to the existing By-law: rather, the amendment clarifies that one condition (the prohibition of parking on the highway within 15 m of an intersection) takes precedence over another condition (the permission to park on the paved portion of a driveway apron). 2.4 Since the general public may not be aware of this prohibition, staff intend to compose an educational message on the Municipality's web-site. Municipal Law Enforcement has confirmed that, as is their general practice in cases such as this, they will be enforcing this part of the By-law on a complaint basis. 2.5 Staff were mindful of the relationship between the Highway Traffic Act and the Municipality's Traffic and Parking By-law when recommending the attached amendment. Great care must be taken when considering amendments to the Traffic and Parking By- law. The Highway Traffic Act authorizes the Municipality to pass by-laws pertaining to traffic issues, and the Municipal By-law implements those regulations. For instance the Highway Traffic Act authorizes the Municipality to "prescribe a rate of speed [by by- law]". The Traffic and Parking By-law, in turn, prescribes those rates of speed. The By- law is not stand alone and must be compatible with the Highway Traffic Act at all times in terms of definitions and authorization to permit and prohibit certain traffic related actions. Amending the By-law without consideration of the Highway Traffic Act can have implications with respect to the ability to enforce the By-law. 3. Concurrence This report has been reviewed by the Municipal Clerk who concurs with the recommendations. 4. Conclusion It is respectfully recommended that Council amend the Traffic and Parking By-law #2014- 059 (see Attachment 3) to clarify that parking is permitted on the paved portion of a driveway apron; however, not within 15 m of an intersection. Municipality of Clarington Addendum to Report EGD-023-16 Page 4 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Anthony S. Cannella, CET nklin Wu, Director of Engineering Services ,(,�� Chief Administrative Officer ASC/LJ B/n I Staff Contact: Leslie Benson, Manager Development Engineering and Traffic, 905-623-3379 ext. 2304 or Ibenson@clarington.net Attachments: Attachment 1 — Report EGD-023-16 Attachment 2 — Parking Plan near Intersections Attachment 3 — Proposed amending By-law to By-law 2014-059 There are no interested parties to be notified of Council's decision. Attachment 1 Ciffingtoll Addendum to Report EGD-023-16 Engineering Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: May 9, 2016 j Report Number: EGD-023-16 Resolution: File Number: By-law Number: Report Subject: Proposed Amendments to Traffic and Parking By-law# 2014-059 j Regarding Parking on the Boulevard of Corner Lots I Recommendations: 1. That Report EGD-023-16 be received; and 2. That Council approve the By-law attached to Report EGD-023-16, as Attachment 2 to amend 2014-059, being a By-law to regulate Traffic and Parking on Highways, Private Property and Municipal Property, to prohibit parking on the boulevard portion of a driveway on a corner lot left of the intersecting side street where the driveway access is on a through street. i I Municipality of Clarington Report EGD-023-16 Page 2 Report Overview The current Traffic and Parking By-law (#2014-059) permits "parking on the paved portion of the driveway apron", "provided that the vehicle does not encroach on the sidewalk, or the travelled portion of the roadway". The Municipality has received complaints from residents who state that they do not have sufficient visibility at stop controlled intersections where vehicles are parked on the driveway portion of the boulevard of corner lots. After a review of the matter, staff are recommending that parking on the boulevard portion of a driveway on corner lots to the left of the intersecting side street where the driveway is off the through street, be excluded from the by-law and parking be prohibited on that boulevard. 1. Background 1.1 When Council approved the new Traffic and Parking By-law (#2014-059) in June, 2014, a new section was added to the by-law which permitted parking on the portion of the driveway within the boulevard (public-right-of-way) provided that the vehicle did not encroach on the sidewalk or the travelled portion of the road. Previously, parking was prohibited "on or over any boulevard". The change was made in an effort to maximize on-site parking and reduce on-street parking, which has several limitations. 1.2 Since the new by-law was approved, staff have received complaints from motorists who state that there is insufficient visibility at stop controlled intersections where vehicles are parked on the boulevard portion of the driveway off the through street of adjacent corner lots (see Attachment 1 — Plan of parking on boulevard portion of driveway of a corner lot). 2. Review and Recommendation 2.1 In response to recent complaints, staff reviewed numerous intersections where a stop control exists and where vehicles are parked in the boulevard portion of the driveway off the through street. In many cases (particularly in residential neighbourhoods), staff concur that visibility may be hindered where cars are parked in these locations. Reduced visibility is a concern in terms of sight lines for on-coming through traffic (vehicles and cyclists that have the right-of-way crossing the intersection). As this is a safety concern to the travelling public and after a thorough technical review, staff recommend that parking be prohibited on the boulevard portion of a driveway on corner lots left of the intersecting side street where the driveway is off the through street. The establishment of this modification to the Traffic and Parking By-law is based on standards from the Transportation Association of Canada. Municipal Law Enforcement has advised that the set fine for violating any part of the General Stopping and Parking Regulations is $60 ($45 for early payment.) Municipality of Clarington Report EGD-023-16 Page 3 2.2 As this change to the Traffic and Parking By-law will not be known to most Clarington residents and businesses, By-law Enforcement will issue a warning for the first offence at a particular address. Any subsequent offences will be subject to the set fine for violation of the by-law. 3. Concurrence This report has been reviewed by the Manager, Municipal Law Enforcement who concurs with the recommendations. 4. Conclusion It is respectfully recommended that Council amend the Traffic and Parking By-law#2014- 059 (see Attachment 2) to prohibit parking on the boulevard portion of a driveway on corner lots left of the intersecting side street where the driveway is off the through street. 5. Strategic Plan Application Not applicable. i7 Submitted by: Reviewed by: Anthony S. Cannella, CET r in Wu, Director of Engineering Services hief Administrative Officer ASC/LJB/nl/jb/ Staff Contact: Leslie Benson, Manager Development and Traffic Engineering, 905-623-3379 ext. 2304 or Ibenson@clarington.net Attachments: Attachment 1 — Plan of parking on the boulevard portion of the driveway Attachment 2 — Proposed amending By-law to By-law 2014-059 1 I Through Street ({]i,i'i^i!y!ti�E!i�:{,f!r:i�(�j°!!;:!fi!!tt!.i�;;iS�!-�hli; ,T,!f;'t!yT!E:ii:�!:i!!iT'R" !'i�!!•!i,i+!�{S1,ii:3P,�•i'j1',^„•?r!ii:! ,itt !!::�!i:!!61y,f;!i:,ii;iN,i!!•{s:i:pi(!iE)}iE;!;;i;;;!;ip•,:i;!;i l i;:. ?(,!!;i:!i!i,i0!i'!ii!Ii:.;;o-i;wi:1; !f liil'=i!•..1.:i•{.E:n,Yi,�.1,,:3:.•:!!.;;!.{;i.,.; Htic!i• o-•k !q"•:'k:'gi�g:'g:r"i!!I'4liLRe:iwp:; .fl'll ui•'I!:it.�!i!:i .1;;!:�; F'igt!;!s! !!:I!iai:!;;:e;;;;li;lil t!lifi!i:.:,!::;�.!!� .:•i.::!:::1{i!If:!il!:!:::!I!:!!:�::+!•,:!::,i;a!;i,fii N;!;;;!i;!ti;!„ LFi!!i;f::i !,i!i11:il:..i(:!ii::! ,�::. ri���:fyf i!!''!f!ti i!i'!i:!!!�!iiitii::,!t Iii ki!t;.!,i:!!i';: Itiilit i o-:i i•'flit i iii!+!i i;!i;4;!,i;ni,�;q'•v. ,i::,if'ni:i f::i:il::;+!):u::,i:I,�•!, :!::Ih',y li:,,;•,�;;,.i••:i:•If.;�,!!?'�Sii!:';ui;;•yn1;;� :;l;i;l!q:5i�i!:ia:.!E(:..,:..f•;•:;•:.;•::!:i:,,i!,+!!ii?iii„ : "_�::!,�!1.,.,d�l::l:a:ais;i;•„;;,:,:.:!!:?! 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I€,�i!i!f!:Ill Side Street ,.fl:.,.ij:�i';iih;�:: Legend: Corner Lot j'i;jliitf)il;lll;)il; Driveway Parking Plan l Municipal Boulevard -n Edge of Pavement Drawn by: S. P. Z STOP Control Date: May 9, 2016 Driveway Report EGD-023-16 Attachment 1 Municipality of Clarington Attachment 2 to EGD-023-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2016- Being a By-law to amend By-law 2014-059, being a By-law to Regulate Traffic and Parking on Highways, Private Property and Municipal Property. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend by-law 2014-059; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Sub-section 13(2) of Traffic By-law 2014-059 is deleted in its entirety and the following substituted therefor: 13: (2) Notwithstanding clause 13(1)(d), parking on the boulevard portion of a driveway apron is permitted provided that the vehicle does not encroach on the sidewalk or on the travelled portion of the roadway, and provided that the driveway is not located off a through street on a corner lot to the left of the intersecting side street. BY-LAW passed this day of , 2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk No Parking Anytime 15 meters tX� :.::..:: .. ......:. �r Legend: Parking Plan Near Intersections Municipal Boulevard (area included in definition of Highway) Date: June 20, 2016 Edge of Pavement/Curb ui Driveway Attachment 2 C�7 Addendum to Report EGD-023-16 Municipality of Clarington Attachment 3 to EGD-023-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2016- Being a By-law to amend By-law 2014-059, being a By-law to Regulate Traffic and Parking on Highways, Private Property and Municipal Property. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend by-law 2014-059; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Sub-section 13(2) of Traffic By-law 2014-059 is deleted in its entirety and replaced with the following: 13. (2) Notwithstanding clause 13(1)(d), but subject to clause 13(1)(c), parking on the boulevard portion of a driveway apron is permitted provided that the vehicle does not encroach on the sidewalk or on the travelled portion of the roadway. BY-LAW passed this day of , 2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk