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Home My WebLink AboutCS-03-84'- ` ' REPORT # 4 OFFICE TELEPHONE 623 -3114 Iv` TOLL FREE 987 -5039 DEPARTMENTOF COMMUNITY SERVICES 40TEMPERANCESTREET BOWMANVILLE, ONTARIO L 1 C 3A6 REPORT TO COUNCIL MEETING OF JULY 23RD, 1984 REPORT NO. CS -03 -84 SUBJECT: RECOMMENDATION: "PROPOSED PARK AT SOPER CREEK AND HIGHt-IAY #2 BOWMANVILLE JAYCEES INC. - RESOLUTION #C- 210 -84" It is respectfully recommended to Council that: 1. That this report be received; and 2. That the request of the Bowmanville Jaycees Inc. for the development of Soper Creel: Parkette be approved; and 3. That the attached Agreement between the Town of Newcastle and the Bowmanville Jaycees Inc. be endorsed. BACKGROUND AND COMMENT: Staff have liaised with the Bowmanville Jaycees Inc. with respect to the Town conditions under which the park may proceed. The items of concern With respect to the development of the park have been addressed in the Agreement with the possible exception of pedestrian traffic. I do feel this project would be an asset to the Community. Comments on the plan were received from the Director of Planning and the Director of Public tJorks. Please find attached. Also find attached a letter from the Bowmanville Jaycees Inc. endorsing the terms contained in the Agreement. Concerns raised dealt with pedestrians crossing the Highway between the Zoo and the proposed park. I would suggest that the area be monitored to establish user levels. ../2 REPORT 110. CS -03 -84 Page 2. If approved by Council, the 6owmanville Jaycees Inc. have expressed a desire for immediate development of the park. Respectfully submitted, Thomas A. Fanning, R.D.Ii.R.(F) Director of Community Services I Ilk TO: FROM: DATE: SUBJECT: TOWN OF NEWCASTLE 1', 0-11i T.A. Fanning, Director of Community Services R.G. Dupuis, Director of Public Works March 30, 1984 PROPOSED PARK AT SOPER CREEK AND HIGHUkY # 2 BOWMANVILLE JAYCEES With respect to the above, Council has directed that I provide comments on the safety of the proposal. Firstly, I would like to comment on the potential hazards to pedestrians crossing Highway 2 between the Bowmanville Zoo and the proposed park. I think that the two facilites will be complementary and, therefore, there will be a fair amount of pedestrian traffic between them. Accordingly, with the volume of traffic using Highway 2, there could be a danger as a result of pedestrians wishing to cross the highway. With respect to extension of a sidewalk or cinder walkway along the south side of Highway 2 from Bovmianville Mall easterly to the park, I think that there is sufficient right -of -way available such that the sidewalk could be placed a safe distance from the road. However, before any such walkway is constructed, we will want to be involved in its design and construction. This will be a service on a Town road and we could be liable for injury or damages done to a user. In no event, do we want to be responsible for its maintenance. I trust that the above is of assistance to you and would be pleased to discuss any questions you may have. 1Z R.G. DupAuis. TO: FROM: DATE: SUBJECT: TOWN OF NEWCASTLE K its 1I T.A. Fanning, Director of Community Services T.T. Edwards, M.C.I.P., Director of Planning March 30, 1984 PROPOSED PARKETTE - PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE - ROLL NO. 2 -12- 081 -60 Please be advised that the subject lands are designated "Major Open Space" and "Hazard Lands" by the Bowmanville Urban Area Official Plan. Section 2.3.2 of the Bowmanville Urban Area Official Plan would permit community parks, neighbourhood parks and parkettes within these landuse designations. With respect to zoning, please be advised that the subject parcel of land is presently zoned "A- Agriculture" "0- Public Open Space ", "0 -3 Conservation and Hazard" and "Special Condition 1" by Zoning By -law 1587, as amended, of the former Town of Bowmanville. Permitted uses within portions of these zoning classifications include the use of lands for recreational purposes. However, Section 7.8 of the Bowmanville Zoning By -law entitled "Uses Permitted in all Zones" stipulates that, "nothing in this By -law shall prevent the use of any land as a public street or public park ". Therefore, in consideration of the above, the proposed parkette would comply with the provisions of the Official Plan and Zoning By -law. In addition, please be advised that the subject lands are also located within the flood plain of the Soper Creek, as designated by the Central Lake Ontario Conservation Authority. Should there be any buildings or structures required for this parkette, written confirmation must be obtained from the Conservation Authority indicating that such building or structure would not cause a problem with the creek and valley lands in this area. We hop ove will be of assistance. e_.r -� T. Edwards *jip AV Ar"BOWMANVILLE JAYCEES INC. Box 304 ,Bowmanville,Ont. L1C3L1 July 17th, 1984 HAND DELIVERED Mr. T. A. Fanning Director of Community Services The Corporation of the Town of Newcastle 40 temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Mr. Fanning: SUBJECT: PLAYGROUND AND PICNIC AREA AGREEMENT Our Solicitor has no further amendments to the Agreement. The Jaycee membership has passed a motion to direct our President, Harvey Chappel, to sign the agreement on behalf of the Bowmanville Jaycees. The Jaycees are looking forward to having this agreement, which is enclosed, endorsed by the Town Council in order that work may commence on the park. Yours in the Jaycee Spirit RICK KEELER Project Chairman RK /hla Bowmanville Jaycees ENCLS. #' '• BETUEEN: THIS AGREEMENT made this day of , 1984 THE CORPORATION! OF THE TOUN OF NF11CASTLE, hereinafter called the "TOWN" - and - THE BOWMANVILLE JAYCEES INCORPORATED, hereinafter called the "JAYCEES" WHEREAS the Town is the owner of certain lands and premises lying and being in the Township of Darlington and being more particularly described as Lot 8, Concession 1, shown as Block D on Registered Plan 598, part of which lands are more particularly described in Schedule "A" attached hereto; and WHEREAS the Jaycees are desirous of co- operating with the Town in the operation and maintenance of a park on the said land and premises; and 11HEREAS the Town has approved, in principal, the operation and maintenance of a park on the said land and premises subject to the entering into of this agreement by the parties hereto; NOW THEREFORE THIS AGREEHEr7 UITNFSSETH that in consideration of the premises and the mutual convenants hereinafter contained, the parties hereto agree as follows: 1. The Town hereby agrees to grant to the Jaycees and /or party author- ized by them, such access to the land and premises as may be reasonably required to permit them to fulfil their obligations hereunder in connection with the maintenance and operation of a part: and the eventual construction, maintenance and operation of a park to consist of a playground, parking lot and picnic area. 2. The Jaycees hereby undertake and agree to install under the direct supervision of Town Staff, a parking lot, picnic area and playground on the said property in accordance with the attached sketch, attached hereto as Schedule "A" to the standards and in accordance with the specifications endorsed thereon. In addition, the Jaycees will be responsible to have two (2) portable toilets on the park site and that they shall be responsible for the cost and maintenance of same. 3. Except as provided for in section 4, the Jaycees hereby undertake and agree to be responsible and absorb the costs for a general.clean -up and maintenance. At least five days prior to any planned clean -up the Jaycees will provide to the Town a written notice of their intentions. 4. Throughout the term hereof, the Town agrees to accent full responsi- bility for keeping the property mowed and for disposal of garbage. 5. The Jaycees, hereby undertake and agree to construct on the said lands and premises, a parkette, provided however, that no trees or shrubs shall be removed in order to facilitate such construction and the Tom shall have the right to approve the layout of the nark and all phases of its preparation, construction and implementation. 6. The Jaycees hereby assume responsibility for obtaining all required approvals and permits to permit construction of the facilities referred to herein. 7. The Town retains the right to enter upon all or any part of the said land and premises at any time. - 2 - 8. That the Jaycees maintain and operate this park for a five year period and at the end of the five year period the agreement be reviewed by Town Council and the Jaycees. During the period of five years, the Jaycees are committed to the operation of this nark area. 9. The Jaycees are responsible for all costs in the park area (except grass cutting and garbage). WITNESS the corporate seals of the parties hereto duly attested by the hands of their proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE C/S s a R 6 PICNIC TABLES o 4 COOKING GRILLSo r i SET OF SWINGS I CLIMBER I SLIDE 1Z:3 4 SPRING ANIMALSo TOWN OF NEWCASTLE DEPARTMENT OF PLANNING AND DEVELOPMENT 60WMANVILLE SOPER CREEK PARK 0 IO 20 40m 20 5 MARCH 7,1984 1 P B.N. AST REVISION DATE IDWG. 3-A-5-6 6 E T t l E E N: THIS AGREEMENT made this day of , 1984 THE CORPORATION OF THE TGUN OF PIFI.ICASTLE, hereinafter called the "TOWN" - and - THE BOWMANVILLE JAYCEES INCORPORATED, hereinafter called the "JAYCEES" WHEREAS the Town is the owner of certain lands and.premises lying and being in the Township of Darlington and being more particularly described as Lot 8, Concession 1, shown as Block D on Registered Plan 698, part of which lands are more particularly described in Schedule "A" attached hereto; and WHEREAS the Jaycees are desirous of co- operating with the Town in the operation and maintenance of a park on the said land and premises; and 11HEREAS the Town has approved, in principal, the operation and maintenance of a park on the said land and premises subject to the entering into of this agreement by the parties hereto; 1011 THEREFORE THIS AGREEMENT 11ITNFSSETH that in consideration of the premises and the mutual convenants hereinafter contained, the parties hereto agree as follows: 1. The Town hereby agrees to grant to the Jaycees and /or party author- ized by them, such access to the land and premises as may be reasonably required to permit them to fulfil their obligations hereunder in connection with the maintenance and operation of a pars; and the eventual construction, maintenance and operation of a park to consist of a playground, parking lot and picnic area. 2. The Jaycees hereby undertake and agree to install under the direct supervision of Town Staff, a parking lot, picnic area and playground on the said property in accordance with the attached sketch, attached hereto as Schedule "A" to the standards and in accordance with the specifications endorsed thereon. In addition, the Jaycees will be responsible to have two (2) portable toilets on the park site and that they shall be responsible for the cost and maintenance of same. 3. Except as provided for in section 4, the Jaycees hereby undertake and agree to be responsible and absorb the costs for a general clean -up and maintenance. At least five days prior to any planned clean -up the Jaycees will provide to the Town a written notice of their intentions. 4. Throughout the term hereof, the Town agrees to accent full responsi- bility for keeping the property mowed and for disposal of garbage. 5. The Jaycees, hereby undertake and agree to construct on the said lands and premises, a parkette, provided however, that no trees or shrubs shall be removed in order to facilitate such construction and the Town shall have the right to approve the layout of the nark and all phases of its preparation, construction and implementation. 6. The Jaycees hereby assume responsibility for obtaining all required approvals and permits to permit construction of the facilities referred to herein. 7. The Town retains the right to enter upon all or any part of the said land and premises at any time. - 2 - 8. That the Jaycees maintain and operate this park for a five year period and at the end of the five year period the agreement be reviewed by Town Council and the Jaycees. During the period of five years, the Jaycees are committed to the operation of this nark area. 9. The Jaycees are responsible for all costs in the park area (except grass cutting and garbage). WITNESS the corporate seals of the parties hereto duly attested by the hands of their proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEWCASTLE C/S k11VG 6 PICNIC TABLES o 4 Aid STREET r SET OF SWINGS >--< r 1 CLIMBER® i SLIDE IZI o / GNW/�% 4 SPRING ANIMALSO N� 2 o oZ/,9. 0? z IN73o58 *30"E o 26 PARKING 0 s 0 0 >—< m 3 i ys'o \ 1 3 o t TOWN OF NEWCASTLE \ z �9 DEPARTMENT OF PLANNING AND DEVELOPMENT °2 60WMANVILLE SOPER CREEK PARK HAILEY ;� 0 10 20 40m COURT - v 20 5 '� 3.06 H>>o ti 2. �' TE MARCH 7,1984 By B.N. 3j'930W 2 LAST REVISION DATE DWG. NQ 3 -A-5-6