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Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 12, 2021
File Number: A2021-0029
Address: 415 Baseline Road West, Bowmanville
Report Subject: An application to permit a Day Nursery within the existing commercial
building.
Recommendations:
1. That the Report for Minor Variance A2021-0029, be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0029 for a minor variance to Section 20.1 b. of Zoning By-
law 84-63 by permitting a Day Nursery within the existing commercial building be
approved as it is minor in nature, desirable for the appropriate development or use
of the land and maintains the general intent and purpose of the Zoning By-law, the
Durham Region Official Plan and Clarington Official Plan; and
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adiustment A2021-0029
Paae 2
1. Application Details
1.1 Owner/Applicant: Ludwig Fischer
1.2 Agent: Ryan Eickmeier (Helping Hands Daycare)
1.3 Proposal: A minor variance to Section 20.1 b. of Zoning By-law 84-63 by permitting a
Day Nursery within the existing commercial building
1.4 Area of Lot: 1.2 hectares
1.5 Location: 415 Baseline Road West, First Floor
1.6 Zoning: "(H)C5 — Special Purpose Commercial Zone" of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation: Gateway Commercial
1.8 Durham Region
Official Plan
Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0029
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Figure 1 - Location Map
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Municipality of Clarington
Committee of Adjustment A2021-0029 Page 4
2. Background
2.1 The subject application proposes a new use on the subject lands. Typically, the addition
of uses is achieved through a Zoning By-law Amendment and in limited circumstances
can be contemplated by the Committee of Adjustment through a minor variance
application. These decisions have been tested by case law and previous decisions by
the Ontario Municipal Board (now the Ontario Land Tribunal).
2.2 Under these specific circumstances requesting relief from the Committee of Adjustment
can be considered appropriate:
• The proposed daycare use is proposed in a portion of a building used for former
institutional/public uses and presently office space;
• The more rigorous rezoning process would result in added time and costs without
impacting staff recommendation — further it is anticipated that upon approval of
the new Zoning By-law, daycare uses will be permitted in accordance with the
Clarington Official Plan;
• The use is not a significant deviation from existing and previous uses in the
building, nor existing permitted uses under the C5 and C4 Zones;
• The use of the building for a daycare supports and promotes small business
which is a key objective of the Municipality;
• There is little risk for setting a precedent as in order to set a precedent the facts
would have to be exact; and
• The application can satisfy the four tests as provided in the balance of the report
below.
2.3 The (H) Holding provision on the subject property has been in place since the adoption
of Zoning By-law 84-63 in 1984.
2.4 On December 17, 1992, GenerX Inc. and Ellis -Don Design Build Inc. entered into a
development agreement with the Corporation of the Town of Newcastle to permit the
development of the Royal Canadian Mounted Police Bowmanville Detachment Building.
The (H) Holding Symbol was not removed at this time because the proposed building
was a "Public Use" under Zoning By-law 84-63. Public Uses are not bound by the
regulations of the Zoning By-law.
2.5 The building was occupied by the Bowmanville detachment of the Canadian Mounted
Police (RCMP) until June 2018.
Municipality of Clarington
Committee of Adiustment A2021-0029
Page 5
2.6 In October 2017, Strategic Property Management on behalf of Ludwig Fischer submitted
ZBA2017-0034 for the removal of the (H) Holding Symbol on the subject lands. On
January 15, 2018, Council approved the Application to remove the (H) Holding Symbol,
subject to the execution of an amending site plan agreement which included the
transfers of road widening and sight triangles.
2.7 In October 2018, a site plan was submitted; it was approved in January 2019. The
execution of the site plan and land transfers were completed in September 2019. As a
result of a clerical oversight, the Holding symbol was not removed at that time.
2.8 The by-law to remove the Holding symbol from this property will be forwarded to Council
in September 2021.
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Figure 2 - Road widening and sight triangles for the removal of the (H) Holding Symbol.
2.9 Just over half of the existing building is currently occupied by office space including the
CIMA offices, a local engineering firm.
2.10 This proposal is seeking the permission for a daycare on the first floor.
2.11 If permitted, the applicant would make suitable renovations to the building and property
to accommodate the daycare use including a fenced playground on the west side of the
building and a new entrance from the building to this play area.
Municipality of Clarington
Committee of Adjustment A2021-0029
Figure 4 - View of 415 Baseline Rd W
looking southwest.
Page 6
Figure 4 - West side yard where the new
fenced playground will be located.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at the southeast corner of Baseline Road West and
Martin Road. The property has an approximate lot area of 1.2 hectares. There is a
3,249 square metre, two -storey commercial building on the property. There are two
access points to the property from Baseline Road West. There are 130 parking spaces
and 2 loading spaces. The existing and continued use of the property is commercial.
3.2 The surrounding uses are as follows:
North — Trucking/Logistics
South — Hotel
East — Quick Service Restaurant
West — Commercial Plaza
4. Public Notice and Submissions
4.1 The required signage for this application was installed on the property and the
appropriate notice was mailed to each landowner within 60 metres.
4.2 At the time of writing this report, Staff received no inquiries regarding this application.
Municipality of Clarington
Committee of Adjustment A2021-0029 Page 7
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has no objection.
5.2 The Building Division of Planning and Development Services has no objection.
5.3 Clarington Emergency and Fire Services Department has no objection.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is within the "Living Areas" designation of the Durham Regional
Official Plan. Living Areas are used predominantly for housing and its compatible uses
which may include limited office development and limited retailing of goods and services
in appropriate locations.
6.2 The Clarington Official Plan was updated in 2018. Within the updated Clarington
Official Plan, the subject property is designated "Gateway Commercial". Gateway
Commercial areas are intended to serve the specialized needs of residents as well as
attract tourists and visitors to the Municipality. Community facilities, such as daycares,
are permitted within this designation.
6.3 For the above stated reasons, it is Staff's opinion that the application conforms to the
intent and purpose of both Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.4 Zoning By-law 84-63 has been in place since 1984 and does not fully implement the
Clarington Official Plan. Within the Zoning By-law 84-63, the subject property is zoned
"Special Purpose Commercial (C5)".
6.5 The "CY zone currently permits a variety of retail and service uses. These land uses
are intended to offer specialized products and services for both local residents as well
as shoppers from beyond the local community. It is anticipated that businesses with
this zone will be located in areas where they may benefit from highway access due to
commuting patterns and/or the distances travelled by their customers.
6.6 This application is requesting that a Day Nursery (daycare) use be permitted on the
subject property. A daycare is a community facility use that serves the specialized
needs of residents.
6.7 The existing C5 zone does not reflect a full list of the community facilities uses that are
already permitted within the Official Plan. For example, the C5 zone already permits
places of worship and private clubs (buildings or lands used for social, cultural, athletic
or recreational activities). This means that a private club, such as Joey's World Family
Indoor Playground would be permitted within this zone.
Municipality of Clarington
Committee of Adjustment A2021-0029 Page 8
6.8 It is Staff's opinion that the application conforms to the intent and purpose of the Zoning
By-law.
Desirable for the appropriate development or use of the land, building or structure
6.9 The location is well suited for a daycare due to its proximity to residential
neighbourhoods, employment areas, and commuting routes to Highway 401.
6.10 The large building and property easily accommodate the needs of a daycare including
the Ministry requirement for an outdoor play area.
6.11 Since the departure of the RCMP in June 2018, this property has been available for
lease. Currently the building has only achieved 53% occupancy. Expanding the list of
permitted uses to include a daycare will increase the marketability of this site and will
assist in attracting prospective tenants.
6.12 The proposed tenant, Helping Hands Daycare, is not presently operating in the
Bowmanville market. Expanding the number of available childcare spaces in the
community promotes economic development through job creation and serves an over-
growing community need.
6.13 For the above stated reasons, it is Staff's opinion that the minor variance requested is
desirable for the appropriate development or use of the subject property.
Minor in Nature
6.14 One of the challenges for daycares can be traffic impacts generated during peak drop-
off and pick-up periods in the morning and late afternoon. Because of the size of the
site, the amount of on -site parking, and the multiple access points, no negative traffic
impacts are expected.
6.15 The property is of sufficient size and layout such that the proposed daycare will not
impact upon or be impacted by the operation of the neighbouring and nearby properties.
6.16 The proposed daycare use will integrate well into the existing commercial building and
property. The added use maintains the intent of the property being used for commercial
purposes.
6.17 Planning Staff received no adverse comments from internal departments, agencies nor
the public.
6.18 For the above stated reasons, it is Staff's opinion that the proposed daycare use is
minor in nature.
Municipality of Clarington
Committee of Adjustment A2021-0029 Page 9
7. Conclusion
7.1 Based on Staff's review, the application conforms to the intent and purpose of the
Zoning By-law and the Regional and Municipal Official Plans, is desirable for the
appropriate development or use of land and is deemed to be minor in nature.
7.2 Given the above comments Staff recommends approving this application for a minor
variance to permit the use of a day nursery on the subject property located in the
Special Purpose Commercial (C5) Zone.
Submitted by:
r
Anne Taylor cott, Principal Planner
Development Review Branch
Staff Contact: Nikita Jariwala, Paul Wirch
Interested Parties:
The following interested parties will be notified of Committee's decision:
Ludwig Fischer
Ryan Eickmeier