Report to: Development Services Date of Meeting: February 6, 2007

SUBJECT: Sidewalk on James Walker Court

PREPARED BY: Brian Lee, Manager, Development Engineering, ext. 4838

RECOMMENDATION:

That the January 30, 2007 report entitled “Sidewalk on James Walker Court” be received;

And that the installation of a sidewalk on the west side of James Walker Court as shown in the approved engineering drawings be reaffirmed;

And that the installation of the sidewalk on Torrance Road be deferred and the cash in lieu value (± $5,000) be deposited into the Street Services Reserve Account #083-2800-132 for future sidewalk installation should residents request such or safety conditions warrant;

And that Mr. Joseph Cornacchia of Caliber Homes, Mr. Philip Fung, as the representative of the residents of James Walker Court, and the resident of 32 Reeve Drive, be informed of Council’s decision.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable.

The Town approved in 2004, the Merlin Investments (Markham) Inc. plan of subdivision for 32 lots located on the east side of Highway 48 south of Highway 7, (see Attachment “A”). A sidewalk on James Walker Court was designed to provide pedestrian access between the Markham Community Centre and the Rouge Park as per Attachment “B”. The sidewalk location was shown in the displays in the sales pavilion and in promotional materials prepared by the builder (Caliber Homes). The subdivision design also included a sidewalk on Torrance Road that would connect to the existing residential neighbourhood on Reeve Drive.

In July 2006, Engineering staff received communication from residents of James Walker Court requesting that the sidewalk not be constructed in this subdivision. The resident of 32 Reeve Drive also expressed concern that extension of the Torrance Road sidewalk will impact a tree on her side yard. Engineering staff promptly requested that the builder stop any construction of sidewalks until this matter has been resolved. At the Development Services Committee meeting held on October 3, 2006, Mr. Philip Fung, a resident of James Walker Court, submitted a petition with 23 signatures from residents on James Walker Court requesting the deletion of the sidewalk. Development Services Committee received the petition and referred this matter back to staff for review.

Town’s Sidewalk Policy

The Town’s original 1983 Sidewalk Installation Policy was updated in 1994. The 1994 policy indicated that sidewalks are to be constructed on “one side of a local street in a conventional subdivision where it forms part of a walkway system leading to a school, park, transit facility or commercial development.” In 1997, the sidewalk policy was updated for OPA 5 to increase the Town’s requirements for sidewalks to facilitate safe pedestrian movements. Sidewalks have been required on both sides of many streets in the Town’s new urban areas. The 1997 policy update further states that for outstanding development in the Town’s urban area staff review on an individual basis if additional sidewalks are warranted or to provide a sidewalk at least on one side of local roads.

In the case of James Walker Court, staff concluded at the draft plan and engineering design stage as outlined below that a sidewalk on one side is required.

Pedestrian Connectivity between Markham Village and the Rouge Park

The Markham Main Street South Study envisaged a pedestrian link between the Markham Village Community Centre, the Library and Rouge Park. This pedestrian connectivity is provided by a pathway through the Community Centre, the sidewalk on James Walker Court and a future pathway to the Rouge Park. Staff have indicated in the study that this pedestrian linkage is the preferred route compared with using the sidewalk along Highway 48.

When the Markham Village Library Expansion master plan was prepared in 2003, the designer reflected this connectivity (see Attachment “C”.)

Residents of James Walker Court were Aware of the Planned Sidewalk

The builder, Caliber Homes, informed purchasers that a sidewalk was to be installed on the west side of James Walker Court through development plans in their sales office and informational brochure. The promotional materials from Caliber Homes also emphasized the good pedestrian connectivity to other focal points in the vicinity of this subdivision (see Attachment “D”.) The residents acknowledged on several occasions that they were aware at the time of the purchase of their homes that a sidewalk was to be installed on the west side of the street.

Some residents met with staff in November 2006 to provide reasons why a sidewalk is not warranted (see notes of meeting in Attachment “E”.) At the meeting, staff received two written submissions from the residents, which are attached to this report (see attachments “F” and “G”).

Sidewalk on Torrance Road

The purpose of the originally proposed sidewalk on Torrance Road was to provide a pedestrian link to the existing residential neighbourhood to the east of James Walker Court. However, this existing subdivision was built during a time where sidewalks were not installed on local streets. The installation of approximately 35 metres of sidewalk on Torrance Road to the existing neighbourhood provides limited safety benefits and would have an adverse impact on some mature trees in the vicinity of 32 Reeve Drive. Therefore, staff recommend that this short section of proposed sidewalk on Torrance Road be deferred.

It is recommended that cash in lieu of sidewalk installation be paid by the developer to the Town so that if Reeve Drive residents request such, or safety conditions warrant its installation in the future, the sidewalk could be installed.

CONCLUSION:

In preparation of this report, Planning and Urban Design staff were consulted. Staff from both Planning and Engineering departments recommend that the sidewalk on James Walker Court should be constructed to provide safe and comfortable pedestrian linkage to Markham Main Street and other community and recreation destinations.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Planning and Urban Design Department has been consulted in the preparation of this report and is supportive of the recommendations.

RECOMMENDED BY:

________________________ ________________________

Alan Brown, C.E.T. Jim Baird, M.C.I.P., R.P.P.

Director of Engineering Commissioner, Development Services