7. ZONING - FRONT YARD PARKING

zonage - stationnement dans les cours avant

Committee recommendation

That Council approve an amendment to the former City of Ottawa Zoning By-law to change Section 46 to remove the words "…In a residential zone, no parking is permitted in…" and replace with the words "…In a residential zone, no person shall park a motor vehicle in…".

Recommandation du Comité

Que le Conseil approuve une modification du libellé de l'article 46 du Règlement de zonage de l'ancienne Ville d'Ottawa qui consiste à remplacer le passage « Dans une zone résidentielle, il est interdit de stationner dans… » par « Dans une zone résidentielle, personne ne doit stationner un véhicule morotisé dans… ».

Documentation

1. Deputy City Manager's report (Planning and Growth Management) dated
9 February 2006 (ACS2006-PGM-POL-0013).

2. Extract of Draft Minute, 28 February 2006 (follows French version of report, and available in English only).

Documents

1. Rapport du Directeur municipal adjoint (Urbanisme et Gestion de la croissance) daté le 9 février 2006 (ACS2006-PGM-POL-0013).

2. Extrait de l’ébauche du procès-verbal, le 28 février, 2006 (suit la version français du rapport, et disponible en anglais seulement).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

9 February 2006 / le 9 février 2006

Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/

Directeur municipal adjoint,

Planning and Growth Management/Urbanisme et Gestion de la croissance

Contact Person/Personne ressource : Richard Kilstrom, Manager

Planning, Environment and Infrastructure Policy/Politiques d’urbanisme, d’environnement et d’infrastructure

(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

City-wide

Ref N°: ACS2006-PGM-POL-0013

SUBJECT:	ZONING - FRONT YARD PARKING
OBJET :	ZONAGE – STATIONNEMENT DANS LES COURS AVANT

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law to change Section 46 to remove the words "…In a residential zone, no parking is permitted in…" and replace with the words "…In a residential zone, no person shall park a motor vehicle in…".

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification du libellé de l'article 46 du Règlement de zonage de l'ancienne Ville d'Ottawa qui consiste à remplacer le passage « Dans une zone résidentielle, il est interdit de stationner dans… » par « Dans une zone résidentielle, personne ne doit stationner un véhicule motorisé dans… ».

BACKGROUND

Front yard parking was raised as an issue last spring as a result of street reconstruction being undertaken by the City in the inner-city neighbourhoods of the Glebe, Old Ottawa South and along Parkdale Avenue. The reconstruction work involved rebuilding the depressed curbs along the street that provide access to parking for individual dwellings. During this operation it was discovered that a relative few residents were utilizing their front yards for parking in contravention of the Zoning By-law and the Traffic and Parking By-law.

The use of the front yards for parking had been taking place for a number of years without the knowledge or intervention of the City. This is due to the general practice of the City to enforce the by-laws on a complaint basis only, that is, if a complaint is submitted by a neighbour who alerts City staff to the situation. However, as the design phase for the street reconstruction progressed, Safety and Traffic Services staff from the Public Works and Services Department inspected the properties where front yard parking was taking place. They enquired with the development information officers to determine the legal status of this parking. When it was confirmed that some of the existing front yard parking spaces were not legal they notified the owners to rectify the problem or their driveway ramp would not be replaced when the curb was reconstructed. It was at this point that the affected residents brought the matter to the attention of the Councillor for the Ward, and the issue was first raised at City Council on April 27, 2005. As a result of subsequent discussion at Council, staff was directed to investigate the situation and determine the appropriate remedy based on a review of the front yard parking zoning provisions and pertinent design guidelines.

Front yard parking is primarily found within the older inner-city neighbourhoods such as the Glebe, Old Ottawa South, Sandy Hill, Lowertown as well as a number in the Pinecrest/Queensway and Britannia neighbourhoods. As the construction of these neighbourhoods predates the extensive use of automobiles, many dwellings as well as shops and other buildings were constructed without the area dedicated to parking as we have today and is now required by zoning by-laws to prevent the constriction of streets by parked vehicles. By the late 1980's the demand for parking was creating an increasing number of requests for amendments to the Zoning By-law of the former City of Ottawa with respect to front yard parking. The issue was then, as it is today, defined by an attempt to create a balance between providing for parking in a neighbourhood, which was not designed to accommodate it, while maintaining the historical streetscape environment with its inherent pedestrian orientation and sustainability. The answer at that time (July, 1989) was to permit one parking space in the front yard (ie. in front of the main wall of the building) in a situation where no other alternative location existed on the lot. This along with some limitation on the size of the parking space, landscape space, and how it may be situated, has been an effective control which maintains the balance of parking and streetscape quality noted above.

DISCUSSION

While a vehicle is permitted to be parked in a space in a driveway leading to a required parking space, as in the case of a garage, it is not permitted in front of the front wall of a dwelling unit, unless there is no other space for parking on the lot. Front yard parking, if allowed, is located in front of the front wall of a dwelling unit, on the corner sideyard or extension of the corner side yard into a rear yard It is intended that the new consolidation of the Zoning by-law for the City will include similar regulations with respect to front yard parking. These regulations are outlined in the attached Document 2

Official Plan policies which address issues related to front yard parking can be found in Section 2.5.1, Compatibility of Development. These policies direct that where development varies from the norm for the area (ie. front yard parking) this may be compensated for by the treatment of parking facilities and the location of garages; the location and orientation of vehicle access and egress in relation to adjacent development; and the potential to screen parking areas. More detailed Infill Housing Design Guidelines have also been approved by Council in the past year. These guidelines suggest that soft landscaped front yards be preserved while minimizing the space at the front for cars and driveways. Also, the majority of the front yard should be maintained as soft, vegetative landscaping, with a variety of ornamental trees, flowers and shrubs on private property. To accomplish this, the width of driveways and walkways (paved area) should be limited to a maximum of 50% of the lot width.

It should also be noted that driveway openings (ie. wider curb cuts) to access front yard parking remove space for on-street parking that would otherwise be available to the public. The substitution of public parking for private parking should be carefully considered with respect to the demand for parking in a neighbourhood.

Where it can be demonstrated that the intent of the above-noted policies will be maintained, there are other remedies that currently exist that would allow a front yard parking space to continue to be used or to be newly created. Where a new front yard parking space is proposed on a lot where parking exists, or can be provided, then a zoning by-law amendment would be necessary. If proof can be provided by way of a sworn affidavit that a front yard parking space existed prior to the passage of the Zoning By-law (1961 for affected area of city) then a "non-conforming right" could be established for that parking space and it could continue to be used. Otherwise, an application could be made to the Committee of Adjustment for a minor variance to the Zoning By-law, which would permit a front yard parking space that is not in conformity with the dimensions (4.6 metres by 2.6 metres) set out in the by-law.

An important consideration for the Committee of Adjustment when reviewing such an application is addressed in the Traffic and Parking By-law. According to this by-law a driveway may be permitted where it accesses a legal parking space. The Zoning By-law has set the minimum length of a front yard parking space at 4.6 metres, but where the Committee of Adjustment may allow for a shorter length the vehicle must remain .5 metres from a public sidewalk or 1.5 metres from the roadway where there is no sidewalk, thus ensuring that pedestrians and City maintenance equipment (snow clearing) are not blocked on the sidewalk (Document 3). This regulation effectively provides for guidance to the Committee of Adjustment to ensure that a parking space is not reduced to the point where parked cars block the public sidewalk and/or roadway. As it is the Safety and Traffic Services Division in the Public Works and Services Department that administers the Traffic and Parking By-law, it is important that planning staff who review Committee of Adjustment applications consult with this group concerning applications to vary the length of a front yard parking space and advises the Committee of Adjustment accordingly.

The remedies as noted above are considered to be effective to address the cases of illegal front yard parking that have been revealed by the road reconstruction projects in the Glebe and Old Ottawa South over the past year. Overall there are 32 properties with front yard parking within the project area. Of these there were 13 properties that had established a legal right to a front yard parking space prior to the road reconstruction, and 19 properties which needed to legalize their parking. In the past year 10 of those 19 have thus far been reviewed and confirmed as legally non-conforming, or had variances approved by the Committee of Adjustment. Our preliminary investigation of the remaining 9 cases indicates that those also have merit for a minor variance.

Generally, the existing system of policy and regulations with respect to front yard parking is considered to provide an efficient and effective set of checks and balances to address the range of issues related to front yard parking. As noted above, this achieves a balance in providing an adequate supply of parking while maintaining the quality of streetscape environment. It is therefore recommended that no change or addition be made to this system of controls with respect to front yard parking.

However, an amendment to the Zoning By-law is recommended to provide a more efficient and timely enforcement mechanism for By-law Services Branch to address front yard parking violations. The by-law in its present format is worded in such a manner that an enforcement officer can only proceed with a charge by issuing a summons for the property owner to appear in court. By-law Services Branch and Legal Services Branch requested a change in the wording that would allow By-law Services to apply for and establish a set fine, similar to parking on a boulevard that can be served on a property owner immediately, without the need for additional court time. Otherwise, there is no change in the intent of the wording of that section of the by‑law.

CONSULTATION

Although no direct contact was made with the affected property owners, their concerns were reviewed as expressed in correspondence to the Ward Councillor and through their applications to the Committee of Adjustment over the past year. The draft zoning regulations (Document 2) for front yard parking will be part of the general public consultation on the Zoning By-law that will take place in the spring of 2006.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 Front Yard Parking - Glebe and Old Ottawa South Street Reconstruction 2005

Document 2 Draft Zoning Regulations - Front Yard Parking

Document 3 Front Yard Parking Diagram

Document 4 Explanatory Note

DISPOSITION

The Department of Planning and Growth Management to prepare the implementing by-law, forward it to Legal Services Branch and undertake the statutory notification.

Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.

Document 1

FRONT YARD PARKING – GLEBE AND OLD OTTAWA SOUTH

STREET RECONSTRUCTION 2005

Area of Street Reconstruction 2005	Number of FYP Spaces in Area	Number of Infractions in Area	FYP Approved by C of A in 2005
Strathcona, Patterson, Allan, Cobalt Streets	9	4	2
Fifth Avenue	14	7	2
Sunnyside Avenue	9	8	6

Document 2

DRAFT ZONING REGULATIONS – FRONT YARD PARKING

PARKING ABUTTING A STREET PROHIBITED IN RESIDENTIAL ZONES
(3)	In the R1, R2, R3, R4, R5 and R6 Zones, no person shall park a passenger vehicle,
	(a)	in a required and provided front yard,
	(b)	in a required and provided corner side yard, or
	(c)	in the extension of a required and provided corner side yard into a rear yard.
(4)	Despite subsection (3), vehicles may be parked on a driveway leading to a parking space, garage or carport located outside of the front yard, required corner side yard or extension of a required corner side yard into a rear yard provided the driveway does not project in front of the front wall of the residential use building, and provided the total width of the driveway does not exceed the maximum size specified in Section 109 (12).

SPECIAL CIRCUMSTANCES WHERE PARKING ABUTTING A STREET IS PERMITTED IN RESIDENTIAL ZONES
	(5)	Despite subsection (3), parking is permitted in either a front yard, a corner side yard, or in the extension of a required corner side yard into a rear yard if all the following apply:
		(a)	the parking space is required for the residential use in the zone where that use is located but the use enjoys a right not to provide parking;
		(b)	parking cannot be located on the lot in conformity with the provisions of this by-law;
		(c)	the space is for one vehicle only; and
		(d)	a minimum parking space length of 4.6 metres is provided.
	(6)	The parking space installed under subsection (5) and the driveway leading to that parking space, or at the very least the wheel strips where the vehicle will be parked or driven, must be surfaced with a hard, stable, dust preventative and permeable material.
	(7)	A maximum of 50% of the front yard or corner side yard may be used for the parking space installed under subsection (5), the remainder of which, except for any areas occupied by projections permitted under Section 66, must be landscaped with soft landscaping.
	(8)	Where a parking space is installed under subsection (5), the angle formed by the length of the parking space and the lot line abutting the street must be at least 75 degrees but no greater than 105 degrees.
	(9)	Where a parking space is installed under subsection (5) and that space is for a
		(a)	detached dwelling,
		(b)	semi-detached dwelling,
		(c)	Duplex dwelling, or
		(d)	multiple attached dwelling,
		the width of the driveway leading to the parking space, and the parking space itself, must be at least 2.2 metres but must not be more than 2.6 metres.
	(10)	No part of a parking space introduced under subsection (5) may obstruct,
		(a)	a walkway; or
		(b)	the entrance of a dwelling.

YARDS MUST BE LANDSCAPED
	(11)	In R1, R2, R3, R4, R5 and R6 Zones,
		(a)	all portions of the front yard and the corner side yard not occupied by parking spaces, driveways and aisles or by a walkway with a maximum width of 1.8 metres, must be landscaped with soft landscaping, and
		(b)	all portions of any other yard not covered by buildings or by parking spaces, driveways or aisles must be landscaped.
	(12)	A maximum of 50% of the area of a front or corner side yard may be used for driveways, and no individual driveway may exceed a width of 5.2 metres.

Document 3

FRONT YARD PARKING DIAGRAM

Document 4

EXPLANATORY NOTE

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER 2005-_____

The purpose of the zoning amendment is to amend Section 46 of the Zoning By-law of the former City of Ottawa to provide a more efficient and timely enforcement mechanism for By-law Services to address front yard parking violations.

The effect of the amendment is to allow By-law Services to apply for and establish a set fine similar to parking on a boulevard that can be served on a property owner immediately without the need for additional court time.

For further information, please contact Charles Lanktree at 580-2424 extension 13859, or by email at Charles.Lanktree@ottawa.ca or by mail at 110 Laurier Avenue West, Ottawa ON, K1P1J1, 4^th Floor, Planning, Environment and Infrastructure Policy Branch, Planning and Growth Management Department.