DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Alan Brown, Director of Engineering
	PREPARED BY:	Frank Ierfino, Development Engineer
	DATE OF MEETING:	2003-January-21
	SUBJECT:	Berczy Village Cythnia Jean Street - Sidewalk

RECOMMENDATION:

That the staff report entitled “ Berczy Village – Cynthia Jean Street Sidewalk” dated January 21, 2003 be received.

And that the sidewalk on the north side at Cynthia Jean Street be removed from lots 120 to 124 and from lots 164 to 175 at the developer’s expense.

And that the sidewalk on Cynthia Jean Street be installed on the south side of the road at the developer’s expense, if so requested by at least 67% of the property owners with frontage on the south side of the south section of the street.

And that the sidewalk on north side of Cynthia Jean Street from lots 155 to 163 and along block 210/499 be removed at the developer’s expense, if so requested by the majority of the property owners with frontage on the north side of this section of street.

And that the sidewalk on Viscount Drive adjacent to lot 131, 110 & 111 be constructed at the developer’s expense.

PURPOSE:

To seek Council approval to remove the sidewalk installed on Cynthia Jean Street.

BACKGROUND:

Cynthia Jean Street is located in Berczy Village

Cynthia Jean Street is located within the Berczy Village Secondary Plan Area (west quadrant) in the H & R Phase 2 subdivision as per attachment Figure 1. H & R Developments is the developer and homebuilder on this street.

Town Sidewalk Policy

Council on May 24, 1999 endorsed a policy requiring a sidewalk on one side of a local road. The Engineering Department during the detailed review and approval of the engineering drawings establishes the most appropriate location of such sidewalks.

Residents submitted a petition to delete the sidewalk

On October 7, 2002, Mr. Ari J. Rivera (lot 169 Cynthia Jean Street) provided staff with a petition from the residents on Cynthia Jean Street (lots 120 to 124 and lots 164 to 175) to remove the sidewalk on their side of the road. The petition was signed by 13 out of 17 residents that front onto the sidewalk. We should note that total lots fronting this street are 37 and six residents have not occupied their homes to date. The petition indicated that the builders informed them when they bought their house that the sidewalk would be located on the opposite side of the street.

H & R Developments has confirmed that these purchasers were incorrectly advised that the sidewalk would be located on the south side of Cynthia Jean Street and not the north side as approved and constructed.

DISCUSSION:

Recommend that sidewalk be removed on the north side

A sidewalk has been constructed on the north side of Cynthia Jean Street across the frontage of lots 120 to 124 and lots 155 to 175. As the residents were incorrectly informed when purchasing their homes of the sidewalk location, the Engineering Department recommends that the sidewalk be removed from the north side of Cynthia Jean Street (lots 120 to 124 and 164 to 175). Removal of sidewalk has been discussed with the developer and they will pay for the removal of sidewalk and restoration works. We recommend all of the property owners on this section of Cynthia Jean Street be advised that the sidewalk will be removed on the north side. If there is consensus from 67 % of the property owners on the south side of Cynthia Jean Street that they want the sidewalk on the south side of street, we recommend it be constructed at the developer’s expense.

Although we have not received a petition from the residents on lots 155 to 163 to remove the sidewalk, the builder has confirmed that these purchasers were advised that a sidewalk would not be located on either side of Cynthia Jean Street. We recommend that if the Town does receive a petition for the removal of this section of sidewalk prior to assumption of the subdivision, the sidewalk be removed at the developer’s expense.

With the deletion of the sidewalk we recommend however that a new sidewalk be constructed on Viscount Drive in front of lot 131/110/111 to provide a link to the school to the south.

Policy to ensure purchasers are advised about sidewalk location

This is the third incident where purchasers were incorrectly advised by their builder in regard to sidewalk location. The previous two sidewalk locations were on Westchester Crescent and Irish Rose Drive, where Council deleted the sidewalk. The Engineering Department now requires pre-approval of sidewalk locations at the draft approval stage and display of the approved drawing at the Sales Offices.

FINANCIAL CONSIDERATIONS:

Cost to remove the sidewalk will be at the developer’s expense

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area of Context

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

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

Q:\Development\Engineering\REPORTS\2003\1\Cythnia Jean Street - Sidewalk.doc