MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Council considered the School's application at its December 2008 meeting and decided:1) To approve Stage 1 of the School's parking plan and subject to it allowing for itsextension in the future to accommodate the additional 14 bays required;2) That Council accepted the shortfall in parking and allowed the School to lease 14Bays for a period of 2 years by that time the outstanding bays should be provided.3) That the CEO negotiate the terms of the lease until 2010.In February 2009, the School submitted plans to the Town detailing three designated parkingareas and 45 car parking bays. The School designated 45 parking bays as it was still activelypursuing the Child Care facility that was submitted to Council in 2006.Subsequently, the parking licence agreement was renewed by the Town for a one year term inboth 2011 and 2012, with the current licence expiring in December 2012. Over this period, theTown has requested that the 14 outstanding car parking bays be constructed in accordancewith the School's approved planning application.DETAILS:In September 2012, the School submitted an application to the Town for the relocation of atransportable building from the Speech and Hearing Centre to the Bold Park CommunitySchool. On further investigation, the Town discovered that the building had already beenrelocated and the Town requested that the School submit a planning application requesting thatretrospective planning approval be sought.The School advised that the building had to be moved as a matter of urgency and that they didnot have time to submit a building application. They also reported that the building is not beingused and is not connected to any services at this time.The site plans for the School submitted in September 2012 indicate that the new building will belocated on the on the site previously allocated for 18 car parking bays. The plans also indicatethat the area identified in the February 2008 parking plan as the proposed parking area (14bays) is being changed to a fruit orchard.On receipt of the planning approval, the Town again requested that the School construct thatadditional 14 parking bays and 3 pickup/drop off bays that are required under the School'splanning approval.The School in separate correspondence from both the Chairman and the Co-Principal advisedthat "should the need arise" they will be able to construct a new car park. The Co-Principal hasalso qualified his statement with "as funding becomes available".Both the Chairman and the Co-Principal make mention of a child care facility that was proposedto be built on the site in the initial master plans. They advise that at this point in time they arenot considering constructing the child care facility at the school and assumed that this willdecrease the number of car parking bays that the School is required to provide.The child care facility was not a part of the 2004 approved plan and therefore not consideredwhen original number of parking bays (24) was determined.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\C CR.DOCX 159
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013CommentBased on the correspondence received from the School, it is evident that there is no intentionof constructing the remaining 14 car parking bays or the 3 pickup/drop off bays in the shortterm. They indicate that "should the need arise" they will construct the required bays. As theyare currently leasing 14 bays from the Town, it would indicate that the school has a need for carparking bays within their own facility. After recent inspections of the Lake Monger car park, theAdministration believe that the school may be utilising more than the 14 bays agreed in thelicence, however, it is uncertain as to whether the vehicles are all associated with the school orwith the Speech and Hearing Centre. It is evident, however, that all of the vehicles are groupedtogether on the north western side of the car park.The original 2006 licence agreement between the Town and the School for the car parkingbays was reached on the understanding that the School would construct the required carparking bays. This undertaking by the school resulted in favourable terms being agreed toregarding the financial compensation for the use of the Lake Monger Car Park. If the School isto continue to use the Lake Monger Car Park as a permanent solution to its car parking issues,then a commercial rate for the annual lease of the car park should be negotiated.Alternatively, if Council does not want to continue with the licence agreement to the School,then Council can apply a condition on the planning approval requiring the 14 car parking baysto be constructed.Finally, this report does not consider the planning application. This will be consideredseparately by the Town once the car parking issue is resolved.POLICY/STATUTORY IMPLICATIONS:Breech of Lease Agreements.The sub lease agreement between the Speech and Hearing Centre and the Bold ParkCommunity School requires the lessee to seek approval from the lessor before any alterationsor improvements are undertaken on the property.The lessor is then to seek approval for the development from the Head Lessor (Town ofCambridge).As the current development does not have planning approval, the School and the Speech andHearing Centre were required to seek approval from the Town before submitting a planningapplication and both parties are in breach of their lease agreements.12 Development12.10 Head-Lessor's approval of improvementsThe Lessee acknowledges that the approval of the lessor under clause 12 issubject to the approval by the Head-Lessor of the erection or alteration of anyimprovement on the premises, which the Head-Lessor may withhold in itsabsolute discretion.19 Head - Lessor19.1 Head - lessor's consentH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\C CR.DOCX 160
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MEETING OF COUNCIL - Town of Cambridge

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