May 11, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Subject:PETITION RECEIVED - FILE No. SW19990001

Petition to amend the Residential Parking Regulations

Maryvale Community

Scarborough Wexford

Purpose:

To respond to a petition submitted by twenty-one Maryvale Community residents living on Marchington Circle and Scotswood Road, requesting the City to amend the Zoning By-Law to prohibit commercial vehicles (specifically school buses of all sizes and multi-passenger commercial-use vans) from parking on residential property.

Recommendation:

That Scarborough Community Council receive this report for information.

Background:

In the mid-1980's, staff of the former City of Scarborough did an in-depth study which resulted in the present regulations governing vehicle parking in residential areas. This study spanned a period of almost two years and included extensive community participation at every stage.

The study was initiated to resolve problems with trying to enforce about thirteen different sets of zoning provisions which existed at that time in a consistent manner. Thus, the study looked at the feasibility of parking prohibitions in accordance with vehicle characteristics such as its length, width, height and weight. The study also delved into many contentious issues involving property rights and privacy and personal rights, however, widespread community diversity made decisions on the choice of the best alternatives very difficult. It was concluded that zoning provisions prohibiting vehicles according to size and weight characteristics would not be enforceable as that would necessitate vehicle inspections on private property, thereby encroaching on personal privacy rights.

In the end, recognizing that no solution would satisfy all stakeholders, Council resolved that the most practical compromise would be to prohibit the parking of vehicles in residential areas in accordance with the following zoning provisions, which were adopted at that time and remain as the current vehicle parking provisions within each Community Zoning By-Law in Scarborough:

Residential Parking Regulations

Street Yard Parking

No parking space required by this By-Law shall be located in any street yard unless otherwise permitted in this By-Law.

Vehicles Prohibited in All Yards

Parking of the following vehicles is prohibited in all yards:

-Construction Vehicles

-Dump Trucks

-Farm Tractors

-Repair and Towing Vehicles

-Self-Propelled Implements of Husbandry

-Tracked Vehicles

-Traction Engines

-Vehicles designed to run only on rails

-Vehicles equipped with more than six wheels, excluding spare wheels, designed to support the weight of the vehicle through contact with the ground

-Vehicles that are in a wrecked or dismantled or inoperative condition

Notwithstanding this Sub-Section, parking of motorized snow vehicles designed to transport not more than two persons is permitted.

Vehicles Prohibited in Street Yards

Parking of vehicles equipped with five or six wheels, excluding spare wheels, designed to support the weight of the vehicle on the ground, is prohibited in street yards.

Notwithstanding this Sub-Section, parking of recreational vehicles, and vehicles for the transport of disabled persons, is permitted in street yards on the driveway leading to the parking space required by this By-Law.

Comments:

Information obtained from Councillor Norm Kelly's office and from a meeting with the primary proponents of the petition identified the main concerns behind the petition as follows:

(a)large school buses parked on a single-family residential street.

(b)school buses sometimes left idling for long periods, and

(c)school buses and other commercial vehicles parked on the driveways of single-family residential properties.

With regard to (a), regulating parking on residential streets is not within the ambit of zoning by-laws. The enforcement of laws specifying the hours and duration of permitted parking on residential streets is therefore not a planning matter but would more appropriately be dealt with as a police matter.

With regard to (b), Council recently adopted a Vehicle Idling By-Law for the entire city which limits vehicle idling to a maximum of three minutes per hour in most circumstances. A staff team from the Works and Emergency Services, Public Health and Legal departments is currently presenting information sessions to prepare staff across the entire City for enforcement of this by-law. It is anticipated that this will give some relief to concerns of this sort in the near future.

With regard to (c), the residential parking provisions are the same for all residential communities throughout Scarborough. Many such vehicles are parked in residential areas and until now, we have had no indication that this has caused significant distress for neighbourhoods. A general prohibition of the parking of small school buses and small commercial vehicles would impact a large number of other residents. Moreover, all of the former Metropolitan Toronto municipalities have residential parking provisions generally permitting small owner operated commercial vehicles.

As this matter is not unique to the area of the petitioners and indeed not even restricted to communities in Scarborough, it is recommended that no further action be taken regarding the subject petition at this time. It is anticipated that, in the longer term, there will be some review of the regulations governing the parking of vehicles on residential properties in conjunction with work to harmonize policies and practices across the amalgamated City.

Copies of this report have been sent to the signatories of the petition and they have been advised of the time and date of the Community Council meeting.

Respectfully submitted,

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Contact Name:Errol Chapman

Planner, Community Planning Division

Scarborough Civic Centre

Telephone:(416) 396-7721

Facsimile:(416) 396-4265

E-mail:echapman@city.scarborough.on.ca

Attach.

EC/EW