DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engineering
	PREPARED BY:	David Melton, Development Engineer
	DATE OF MEETING:	2004-Oct-19
	SUBJECT:	Grand Life Boulevard Subdivision, Phase1 Heathfield Avenue Sidewalk Lots 79 to 87

RECOMMENDATION:

That the staff  report entitled “Grand Life Boulevard Subdivision, Phase 1 - Heathfield Avenue Sidewalk - Lots 79 to 87,  dated October 19, 2004;” be received.

And that the proposed sidewalk on Heathfield Avenue adjacent to Lots 79 to 87 be installed in accordance with the June 1998 Town Policy for the Placement of Sidewalks in New Subdivisions, and as shown on the approved engineering drawings, dated October 18, 2002, for the Grand Life Boulevard Subdivision, Phase 1.   

And that all future Subdivision Agreements for plans of subdivision in the Town of Markham include a clause that requires the builder to obtain an acknowledgement by the purchaser if a sidewalk is to be constructed adjacent to their lot.

PURPOSE:

To seek Council's confirmation of the construction of a sidewalk on Heathfield Avenue adjacent to lots 79 to 87 located in the Grand Life Boulevard Subdivision, Phase 1.

BACKGROUND:

The Grand Life Boulevard Plan of Subdivision located in the north-east quadrant of Woodbine Avenue and Major Mackenzie Drive was draft plan approved on October 4, 2001.

The draft plan of subdivision was developed in accordance with, the approved Community Design Plan, dated May 2001, and the June 1998 Town Policy for the Placement of Sidewalks in New Subdivisions (Attachment ‘D’). As noted in the Community Design Plan, the westerly leg of Heathfield Avenue, with a 15 metre road allowance, fronts onto a stormwater management pond resulting in this section of roadway being a single loaded roadway with homes only on the east side of the street.   The sidewalk policy stipulates that all local streets shall have a sidewalk on one side of the road. The standard for a 15 metre cross-section includes a standard boulevard width with sidewalk and utilities on the side of the street with the homes and a narrow 1.0 metre boulevard on the opposite side.  There is not enough room on the narrow boulevard to accommodate a sidewalk.

In a letter dated July 31, 2003 (Attachment ‘A’) from Mr. S. LeClair of 55 Heathfield Avenue to Mr. Alan Brown, Director of Engineering,  Mr. LeClair requested that consideration be given to relocate the proposed sidewalk to the west side of Heathfield Avenue.  This request was prompted by prior meetings with Mr. LeClair and Town staff which confirmed that the location of the proposed sidewalk would be on the east side of the street.  Mr. LeClair also stated in his letter of July 31st and in meetings with staff that, at the time he purchased his house in April 2002,  he and other homeowners on Heathfield Avenue  were informed by the representative of the builder, Aspen Ridge Homes, that a sidewalk would not be constructed on the east side of Heathfield Avenue. 

Subsequent to the letter of July 31^st, Mr. LeClair and the other homeowners on Heathfield Avenue discussed with staff other options for the proposed sidewalk.  The options that were considered consisted of either the relocation of the sidewalk to the west side of the street or the deletion of the sidewalk altogether.  Mr. LeClair and the other homeowners were advised by staff that the sidewalk could not be constructed on the west side of the street due to a narrow road allowance on that side and the existing steep downward grade into the stormwater management pond.  Staff are not supportive of the deletion of the sidewalk because of the Town's policy of requiring a sidewalk on at least one side of the road and the concern of safety for the area residents.  In response to Mr. LeClair's letter and the subsequent meetings with staff, Mr. LeClair was informed in a letter dated March 17, 2004, (Attachment ‘B’) that the Town of Markham could not accommodate his request to relocate the sidewalk to the west side of the street or to delete the sidewalk construction.

On June 21, 2004, Mr. LeClair made a presentation to the Transportation Committee requesting that the sidewalk be removed from in front of lots 79 to 87 on Heathfield Avenue.  Committee directed that staff meet with the Heathfield Avenue homeowners and the builder, Aspen Ridge Homes, to discuss solutions and to report back in the fall. (Attachment ‘C’)

On September 24, 2004, staff met with the homeowners of Heathfield Avenue and representatives of Aspen Ridge Homes and Metrus Developments.  As spokesperson for the Heathfield Avenue homeowners, Mr. LeClair reiterated that at the time of purchase (April 2002) he and the other homeowners of Heathfield Avenue were informed by the representative of Aspen Ridge Homes that the sidewalk would not be constructed on the east side of the street in front of their houses.  As confirmation that the sidewalk would not be constructed in front of their houses, the homeowners requested and were provided drawings, prepared by Vijoen Architects Inc., for Aspen Ridge Homes.  The drawings by Vijoen Architects Inc. depict in addition to model options, lot numbers, driveway locations and sidewalk locations on the individual streets for Phase 1 of the Grand Life Boulevard subdivision.   These drawings do not indicate a sidewalk for Heathfield Avenue in front of Lots 79 to 87.  The Builder advised at this meeting that these drawings were not issued to the residents to indicate the locations of the sidewalk but were available only to identify which model homes could be accommodated on which lots.  The Builder also stated that their sales personnel advised all perspective home purchasers, including the Heathfield Avenue home purchasers that, because the plan of subdivision was not registered at the time of sales, they did not know on what side of the road the sidewalk was to be constructed.

The detailed engineering drawings approved by staff on October 18, 2002 (Attachment ‘E’) clearly indicate that the sidewalk was proposed on the east side of Heathfield Avenue. 

DISCUSSION:

The proposed sidewalk on Heathfield Avenue serves as a link to the sidewalks both internal and external of the plan of subdivision. Internally the sidewalks provide a safe area for pedestrians to access neighbouring homes, schools and parks. Externally, sidewalks provide the means for pedestrians to access transit stops on Major Mackenzie Drive and Woodbine Avenue.

The placement of a sidewalk in front of these 9 homes is a broader community issue that has impacts on the other property owners on Heathfield Avenue and the surrounding community. The provision of a sidewalk under the current policy promotes greater pedestrian linkage to transit, employment, retail and recreational facilities.  

Staff recommends that the sidewalk on Heathfield Avenue be constructed as per the approved engineering drawings.

In order to limit this type of complaint in the future and to ensure that all future homeowners are fully knowledgeable of the future sidewalk that will be constructed adjacent to their houses, it is recommended that a new standard clause be added in all future subdivision agreements. This new clause will require the builder to obtain an acknowledgement by the purchaser if a sidewalk is to be constructed adjacent to their lot. This is currently used by some developer/builders (i.e. Monarch).

ATTACHMENTS:

Attachment ‘A’ - Letter from Mr. S. LeClair to Alan Brown, dated July 31, 2003

Attachment ‘B’ - Letter from Alan Brown to Mr. S. LeClair, dated March 17, 2004,

Attachment ‘C’ - Transportation Committee, June 21, 2004,  Extract

Attachment ‘D’ - Policy for Placement of Sidewalks in Subdivisions

Attachment ‘E’ - Town of Markham Standard R1 for a 15.0m Local Road

Alan Brown, C.E.T. Director of Engineering

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

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