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HomeMy WebLinkAboutPSD-009-16 clarl'ongton Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: January 11, 2016 Report Number: PSD-009-16 Resolution Number: File Number: RE 6.14.28 By-law Number: Report Subject: Kawartha Pine Ridge School Board Surplus Property Sale — Ontario Street School — 116 Ontario Street. Bowmanville Recommendations: 1. That Report PSD-009-16 be received; 2. That the Kawartha Pine Ridge District School Board be advised that the Municipality has no interest in purchasing Ontario Street Public School; 3. That the Kawartha Pine Ridge District School Board be informed that the Municipality owns the Victoria Street unopened road allowance (0.2 ha) and is not willing to relinquish its ownership rights; and 4. That the Kawartha Pine Ridge District School Board and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-009-16 Page 2 Report Overview Ontario Street Public School was closed in fall of 2013. The Kawartha Pine Ridge District School Board has declared the property surplus to the needs of the Board and offered it to other public agencies in accordance with Ontario Regulation 444/98. The Municipality owns the Victoria Street unopened road allowance which traverses through the middle of the site. The Municipality wishes to retain land for a neighbourhood play area and gathering place because of deficiencies in the neighbourhood. 1 . Background 1.1. On October 22, 2015, the Kawartha Pine Ridge District School Board declared Ontario Street Public School at 116 Ontario Street, Bowmanville surplus to their needs. In accordance with Ontario Regulation 444/98. Under the Education Act, 1990 the Board has offered the subject land at fair market value to other public statutory agencies. 1.2 Ontario Street Public School was developed on a block of land that includes the Victoria Street unopened road allowance. The unopened road allowance while not developed as a road has not been declared surplus by the Municipality, and remains in Municipal ownership. Should the School Board proceed with disposal of the Ontario Street Public School to another public agency the requirement to allow public access to any playground area would be a requirement of the Purchase and Sale Agreement. Should the School Board proceed with disposal of the Ontario Street Public School to a non- statutory agency or private interest, the Municipality will have to determine if it wishes to stop-up and convey the unopened road allowance and how the loss of the playground area will be addressed for the neighbourhood. 2. Land Characteristics and Surrounding Uses 2.1 The surrounding uses are as follows: North, South, East and West- Single family residential. The Ontario Street Public School property is a 1.42 ha (3.52 acre) site that includes a school building of 16,173 sq. ft, a parking lot of 12,267 sq. ft. and playground area (the playground has been recently removed). The school board owns 1.2 ha of the school site. The remaining 0.2 ha is the Victoria Street right of way. The school was built in 1949 with additions in 1951 and 1962. The school has frontage on Ontario and Duke Streets. The School Board also owns a playfield of 0.2 ha (0.5 acres) at 52 Duke Street (between Duke and Hunt Streets). See Figure 1 (below). Municipality of Clarington Report PSD-009-16 Page 3 Figure 1: Ontario Street Public School Property - s ' in —1 -7 r I J ' Vice tt " Victoria Street'R.oadAllowance Victoria Street � WKS, t Ontario Sireet PublicrSchool Play Field triY+�T"52 Duke Streef Ontario Str Public Sehool ntario Street LX 10" in r' Nelson StreetA�i A=% 3. Comments 3.1 Staff have reviewed the Municipality's parkland requirements for the Memorial neighbourhood and while the area does not have typical neighbhourhood parks it has been well served by playground features in Memorial Park and school grounds. The neighbourhood is also served by community parks (Soper Creek Park) and the open space/trails of Bowmanville and Soper Creek valleys. The Ontario Street Public School play area provided a playground for the northern portion of the neighbourhood within the recommended 800 metre walking distance from residences, which is now addressed by Nelson Street parkette (developed in 2011-2). 3.2 The population target for the neighbourhood is 4000 persons which includes potential for intensification and redevelopment of sites such as the Ontario Street Public School, and Bowmanville Senior Public School plus the former Goodyear site for residential uses. The Clarington Official Plan's standard for neighbourhood parks is to provide 0.8 ha per 1000 persons. Municipality of Clarington Report PSD-009-16 Page 4 3.3 Although the Official Plan provided a standard for neighbourhood park facilities, this is mainly targeted at the development of new neighbourhoods. There is currently no program to address deficiencies in older neighbourhoods. In many instances, there are few opportunities to address parkland deficiencies without extraordinary and costly actions. 3.4 The notice of the sale of school property was reviewed with other Departments for comments. Community Services Department advised that they do not have any immediate needs for the school building for indoor recreation programming. The Engineering Services Departments expressed an interest in retaining the Victoria Street unopened road allowance either as a road or equivalent land as an open space neighbourhood gathering spot depending on the reuse or redevelopment of the school. 3.5 Shortly after the school closed, Doug Mann, the Solicitor for the Kawartha Pine Ridge District School Board was informed by both the Manager of Development Engineering and Traffic and the Municipal Solicitor that the Victoria Street unopened road allowance remains in the ownership of the Municipality. 3.6 It is suggested that the Municipality could take ownership of either a portion of the former school yard on an equivalent square foot basis as the Victoria Street unopened road allowance, which is 0.2 ha. Further, if the sites are redeveloped, the redeveloper may be required to dedicate parkland or pay cash-in-lieu of parkland as per the parkland dedication by-law. 4. Concurrence 4.1 This report has been reviewed by Ron Albright, Acting Director of Engineering Services and Andy Allison, Municipal Solicitor who concur with the recommendations. 5. Conclusion 5.1 The Kawartha Pine Ridge District School Board be informed that while the Municipality is not interested in acquiring the Ontario Street Public School, however, the Municipality owns 0.2 ha of the site and wishes to retain land in a mutually agreed upon location to address the deficiency of parkland in this neighbourhood. 6. Strategic Plan Application 6.1 The recommendations contained in this report conform to the Strategic Plan; in particular 3.1 "Provide for walkable mixed-use neighbourhoods and encourage a "small town" feel in the Official Plan and neighbourhood plans. Municipality of Clarington Report PSD-009-16 Page 5 Submitted by: Reviewed by.Q) M441--C�I Davi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(aclarington.net Attachments: Attachment 1 — Notification of Disposition of Surplus The following is a list of the interested parties to be notified of Council's decision: W. R. (Rusty) Hick, Director of Education FL/df Attachment 1 to Municipality of Clarington Report PSD-009-16 d November 30, 2015 DEC 0 7 2015 KAWARTHA PINE RIDGE MUNICIPALITY OF CLARINGTON DISTRICT SCHOOL BOARD ADMINISTRATOR'S OFFICE To: Conseil scolaire Viamonde; Peterborough Victoria Northumberland and Clarington Catholic District School Board; Conseil scolaire de district catholique Centre-Sud; Durham College; College Boreal d'arts appliques et de technologie; Trustees. University of Ontario Institute of Technology; Infrastructure Ontario; Cathy Abraham t,/Municipality of Clarington; (Chairperson) Region of Durham; RoseKitney Public Works and Government Services Canada (Vice-chairperson) RE: Disposition of Surplus Real Property Sarah Bobka Ontario Street Public School Wayne Bonner 116 Ontario Street Cyndi Dickson Gordon Gilchrist Bowmanville, ON Jaine Klassen Jeninga Angela Lloyd By Board motion on October 22, 2015, Kawartha Pine Ridge District Diane Lloyd School Board (the Board) has resolved that the above noted property MaryLyynch-Taylor (shown on Schedule A, attached) is surplus to the needs of the Board. Shirl Patterson Khadyah filani Therefore, in accordance with Ontario Regulation 444/98, under the (Student Twin?) Education Act, R.S.O. 9990, the Board is offering the subject land at fair market value to the statutory agencies noted above. As your organization is one of these statutory agencies, you are asked to submit an offer of purchase, prior to 4:30 pm on February 29 2016 W.P, (Busty)Hick or return the attached form waiving your interest in the property. If no Director of Education response is received within the specific time period, the Board will proceed on the basis that you are not interested in acquiring this property. EDUCATION CENTRE All offers must comply with the applicable sections of the Regulation to 1994 FishDrive Peterborough, be valid. Acceptance of offers will not be made for a period of ninety 9J O (90) days following issuance of this proposal; only offers that comply J with the Regulation will be considered. In the event that several valid offers are received, the offer of the highest priority body, as outlined in the Regulation, will be considered to be the successful offer. (705)742-9773 1 (877)7414577 Fax(705)742-7801 Vebsite.www.kprschools.ca Disposition of Surplus Real Property Ontario Street Public School November 30, 2015 Page 2 The successful offer will then be reviewed for up to thirty (30) days, to ensure agreement that fair market value has been offered. If there is a need to arbitrate the fair market value contained in the offer, Section 10(3) of Ontario Regulation 444/98 will be followed. Submission of all offers are to be delivered to Christina Coulter, Planner, Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, ON K9J 6X6. She may be contacted with any inquiries on this matter at 705-742-9773, extension 2370, or christina coultera-kprdsb.ca The outline of the Regulation referred to in this letter is not to be considered as the Regulation. Please refer directly to the full Regulation for interpretation of the referenced sections. The complete Ontario Regulation 444/98 can be found at http://www.ontario.ca/laws/regulation/980444 Sincerely, W.R. (Ru ick Director of Education and Secretary of the Board Attached: Schedule A Waiver of Interest