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HomeMy WebLinkAboutP-187-79PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF October 15, 1979. REPORT NO.: P-187-79 SUBJECT: Proposed;Swimming Pool and Recreation Complex, Bowmanville (SPLASH) Our File No. Z-0-19-1 ue PVC unrrnm. As you are aware, an agreement for the development of a swimming pool and recreation complex on lands presently owned by the Northumber- land and Newcastle Board of Education was signed by representatives of the Board and the Town on August 9, 1979. Section 21 of that Agreement provides that "the Town agrees to enact or amend all by-laws or otherwise carry out any necessary procedure to effectuate the transfers and construction provided for herein and shall ensure now and in the future that neither this agreement nor the afore- mentioned conveyance shall conflict or cause the subject property of the Board or the buildings thereon to conflict with any zoning by-law or any other by-law, resolution or plan." The Bowmanville Zoning By-law provides that "no building or structure shall be erected, altered, extended or enlarged except upon a lot". A 'lot' is defined by the By-law as a parcel of land which fronts on a i "Y - 2 - public highway. The By-law also requires a minimum front, side and rear yard setback of 25 feet for such uses as schools and community centres. According to the By-law, a yard is "an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as may be expressly permitted in this By-law, and in determining yard measurements, the minimum horizontal distance from the respective lot line is used". The proposed recreation complex is to be erected on a separate par- cel of land, corresponding roughly with the limits of the proposed addition, with frontage only on an easement. Inasmuch as this parcel is not considered a lot under the provisions of the By-law, the erection of a building thereon would not be permitted by the By-law. In addition, since the complex is to be erected in the front yard of the Bowmanville High School, attached directly to the school, and since the proposed lot line will correspond with the centre of the com- mon wall of these buildings, neither lot will comply with the yard re- quirements of the By-law. A further requirement of the By-law is that the required parking spaces for each proposed use "shall be provided and maintained upon the same lot on which the principal use is located". It is proposed that parking spaces be provided on a part of the lot to be retained by the Board of Education, but that a "parking lot easement" be granted to the Town to enable the use of that area in conjunction with the "SPLASH" complex. - 3 - COMMENT: The attached By-law adds a Special Provision to the By-law to accommodate the proposed development. RECOMMENDATION: It is respectfully recommended that the attached By-law 79 - be forwarded to Council for approval. Respectfully submitted, IA�Le NJF:lb D. N. Smith, M.C.I.P. October 9, 1979 Director of Planning TI II"CORPORAT 1,01v1 01,' TIII? 'I'OWN OF NI?WCASTLE' By-law Number 79-117. A By-law to amend Restricted Area By-law Number 1587, as amended, or the former Town of Boknnanville. WHEREAS the Council of the Corporation of the Town of. Newcastle deems it advisable to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Schedule 'B' to By-law 1537, as amended, of the former Town of Bo%,mianville is hereby further amended by adding thereto the fol- lowing Special Condition 12: "SPECIAL CONDITION 12 A parcel of land on the east side of Liberty Street in Bowmanville, as shown on Schedule "A" cross -hatched and marked "SPECIAL CONDITION 12", shall be exempt from all the provisions of this By --law, and shall be subject only to the following provisions of this SPECIAL CONDITION. 1.1 Defined Area The area subject to this SPECIAL CONDITION is as shown on Schedule "A" cross-liatched and marked "SPECIAL CONDITION 12". 1.2 Permi_Lted Uses No person shall use any of the lands in the defined area, or urec,L, alter or use any building or sLrucLure oil such lands for any purpose except one or more of the following uses: - a recreation complex, including, but not restricted to, a swimming pool, squash courts, and related facilities. - a school. 1.3 Parking lZequirements For every building or structure, or part thereof, within the defined area, which is to be erected For, altered for, or its use converted to, any of the uses specified in the following table, off-street parking facilities shall be provided and maintained within the defined area, in accord- ance with the following table: (i) recreation complex 1 space for each 6 persons maximum de- signed capacity. (ii) school 1 space for each class- room. 2. Map 4 of Schedule "A" Lo By-law 1587, as amended, is Hereby further amended by adding cross -hatching and the words "SPECIAL CONDITION 12" to the zone designation of the lands so indicated on the attached Schedule "X" hereto. 3. This By-law shall_ come into effect on the date Hereof, subject to the provisions of Section 35 (10) of the Planning Act. BY --LAW READ a first time this 22 day of October , A.D. 1979. BY-LAW READ a. second time, this 22 day of October A.D. 1979. BY-LAW READ a third time and finally passed this day of A. I). 1979. (seal) C• B. Rickard, Mayor J. M. McIlroy, Clerk THIS SCHEDULE '><' TO BY-LAW 79_ 1-12 ?.1n�i Oct.ol p PASSED THIS DAY C�� _ 8th. D. 1979, N 17 1,4 00-f- nn.v 24-69m ROAD ALLOWANCE BETWEEN 1_01':; 50n) 50 z N17026'30"W 25.63m 10and 11 (LIBERTY ST) G.B.RIckard,Mcjyor c�