HomeMy WebLinkAboutA2022-0004 Comments 26 Elgin StreetClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: January 27, 2022
File Number: A2022-0004
Address: 26 Elgin Street, Bowmanville
Report Subject: A minor variance application to permit a Retirement Home at 26 Elgin
Street in Bowmanville, which will facilitate the conversion of the existing
86-unit Long Term Care Facility to a 49-unit Retirement Home.
Recommendations:
1. That the Report for Minor Variance Application A2022-0004- be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0004 to permit a Retirement Home at 26 Elgin Street in
Bowmanville, be approved subject to the following conditions:
i) That the applicant/owner submit a Plans Only Site Plan application to update
the drawings attached to the existing development agreement for DEV82-30;
and,
ii) That all interested parties listed in this report be forwarded a copy of the
Committee's decision.
Municipality of Clarington
Committee of Adjustment A2022-0004
1. Application Details
Page 2
1.1 Owner/Applicant: Khanna Holdings Inc
1.2 Proposal: To permit a Retirement Home at 26 Elgin Street in Bowmanville
which will facilitate the conversion of the existing 86-unit Long
Term Care Facility to a 49-unit Retirement Home.
1.3 Area of Lot:
1.4 Location:
1.5 Legal Description
1.6 Zoning:
1.7 Clarington Official
Plan Designation:
1.8 Durham Region
Official Plan
Designation:
1.9 Heritage Status
3,330 square metres
26 Elgin Street, Bowmanville
Part Lot 12, Concession 1, Town of Bowmanville
"Urban Residential Exception (R1-3) Zone"
Urban Residential
Regional Centre
Merit
Municipality of Clarington
Committee of Adjustment A2022-0004 Page 3
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Municipality of Clarington
Committee of Adiustment A2022-0004
2. Background
Paae 4
2.1 A minor variance is required in order to allow a Retirement Home in the R1-3 Zone. The
existing building on the subject lands has been used as both a Long -Term Care Home
and a Retirement Home in the way the room layouts are configured.
2.2 The applicant has indicated that they have purchased the property and would like to
maintain the nature of the building but convert it exclusively to a licensed Retirement
Home since the new owners are not in the business of Long -Term Care. There are no
major exterior changes that are being made to the building. The site -specific zoning
permits a Long -Term Care Home but does not permit a Retirement Home. If granted,
the application would serve to permit a Retirement Home on the subject lands as an
additional permitted use.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located on the southwest corner of Concession Street and Elgin
Street and is within close proximity to the downtown area of Bowmanville.
3.2 The surrounding uses include the Canadian Pacific Rail line to the north, Bowmanville
Older Adults Association to the east and Central Public Elementary School to the
southeast. To the west and north are mainly older historic single detached homes.
Municipality of Clarington
Committee of Adjustment A2022-0004
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Figure 2 — Subject Lands and Surrounding Context
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, the
appropriate notice was mailed to each landowner within the prescribed distance.
Page 5
4.2 Staff received one inquiry regarding this application as of January 25, 2022. A local
resident had a few questions regarding the parking availability on site, traffic and
sidewalks. They also had concerns about the mature trees on the property and their
protection. Staff provided a response to the resident and have also addressed the
concerns in the comments of this report.
Municipality of Clarington
Committee of Adjustment A2022-0004 Page 6
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has indicated that they reviewed the above -
noted application and have no objections to the proposal.
5.2 The Central Lake Conservation Authority has no objections
5.3 The Building Division of Planning and Development Services has no objections.
5.4 Clarington Emergency and Fire Services Department has no objections.
6. Discussion
Powers of the Committee to Authorize a New Use
6.1 This case is unique in that the Committee is being requested to add an additional use to
the list of permitted uses through a minor variance. Under Section 45 of the Planning
Act, the Committee of Adjustment may authorize such minor variances to the Zoning
By-law in respect of the land, building or structure or the use thereof. There is case law
that suggests that a use not authorized by the by-law could be permitted as a minor
variance if framed properly.
6.2 Therefore, it is not a question of whether the use is authorized, but rather can it be
described as a minor variation in light of the by-law and other factors specified in
Section 45 of the Planning Act. The powers of the Committee can make a minor
amendment to the permitted uses where the additional use could be justified based on
the four tests for a minor variance. The use of the building, in the opinion of the
Committee, must be similar to the purpose which it was used for under the By-law or is
more compatible with the surrounding permitted uses.
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.3 The subject property is designated Regional Centre in the Durham Region Official Plan.
The Regional Centre is the main concentration of commercial, residential, cultural and
government functions in a well designed and intensive land use form. The proposal for a
conversion to a Retirement Home use is in conformity with the Regional Official Plan as
it maintains the residential or institutional type uses in the Regional Centre.
6.4 The subject property is designated Urban Residential in the Clarington Official Plan.
Urban Residential areas shall be used for housing purposes, as well as other uses that
are compatible with residential type uses. The proposal for a Retirement Home is in
conformity with the intent and purpose of the Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment A2022-0004
Conformity with the intent and purpose of the Zoning By-law
Page 7
6.5 Within the Comprehensive Zoning By-law 84-63, the subject property is currently zoned
Urban Residential Exception (R1-3), which permits, a Long -Term Care Facility. The
applicant is requesting to add a Retirement Home to the list of permitted uses on the
subject lands. A Retirement Home is a defined term in the Zoning By-law, but it is not
listed as a permitted use in the R1-3 Zone.
6.6 In 2015, a general amendment (By-law 2015-062) was passed to tidy up and update the
terminology for some of the definitions and provisions in the Zoning By-law. As part of
this amendment, the R1-3 Zone was updated to replace the term "Nursing Home" to
"Long Term Care Facility".
6.7 Long Term Care Facility and Retirement Home were two definitions that were added to
the Definition Section of Zoning By-law 84-63 for a specific development application in
2015. Therefore, three separate terms were used in the Zoning By-law which were
similar, Nursing Home, Retirement Home, and Long -Term Care Facility.
6.8 The General Amendment By-law (2015-0062) was passed later in 2015 and deleted the
outdated term and definition of "Nursing Home" and stuck to the two recent definitions of
"Long Term Care Home" and "Retirement Home". The Retirement Home definition was
also replaced/revised. As a result, the term "Nursing Home" used in the R1-3 Exception
Zone was replaced with the term Long Term Care Facility. When the term was replaced
it inadvertently changed the permitted uses in this exception zone. Staff have not found
any evidence to indicate that the Retirement Home was specifically intended to be
prohibited on the site but rather, to use a term that more closely fit the existing operation
of the site.
6.9 Long Term Care Facilities and Retirement Homes are now defined separately in the
Zoning By-law but also have very similar definitions. There is not a clear differentiation
in the Zoning By-law, from a land use perspective, between a Long -Term Care Facility
and Retirement Home. The main differences are the regulatory authority and the
amount of care that is needed for the residents.
"Long -Term Care Facility shall mean a facility regulated through the Ministry of Health
and Long Term Care, or any successor, that provides accommodation for people
requiring a broad range of 24 hour health care, personal care and support care within a
supervised and secured setting and where common facilities for the preparation and
consumption of food are provided and common lounges, recreation rooms, medical care
facilities and personal services, may also be provided."
"Retirement Home shall mean a residential facility, licensed by the Retirement Home
Regulatory Authority, that provides accommodation in suits primarily for retired persons
or couples. Such suites shall not have a stove or range and shall have separate
Municipality of Clarington
Committee of Adjustment A2022-0004 Page 8
entrances from a common hall. Common facilities for the preparation and consumption
of food are provided. Common lounges, recreation rooms, medical care facilities and
ancillary uses such as a beauty salon, barber shop or tuck shop may also be provided."
6.10 The proposal for a conversion to a Retirement Home on the subject lands is a variation
to the existing use that is permitted by the Zoning By-law. It was not the intent when the
terms were updated and replaced to specifically prohibit a Retirement Home use on the
lands. The two uses are also similar from a land use perspective. For the above stated
reasons, it is Staff's opinion that the application is in conformity with the intent and
purpose of the Zoning by-law.
Desirable for the appropriate development or use of the land, building or structure
Lot Size and Parking
6.11 The proposal for a Retirement Home on the subject lands can be accommodated within
the existing building. The site currently has 23 parking spaces and a loading space. The
total minimum required parking spaces for the site based on the proposal would be 13,
including 1 barrier free parking space. There appears to be 4 accessible parking spaces
located close to the entrance to the building, however the minimum width is less than
the required By-law. The required width of an accessible parking space is 3.4 metres
with a 1.5 metre aisle in between, the site plan shows a width of 3.1 metres. The
accessible parking space widths have legal non conforming status. Accessible parking
space dimensions were introduced in 2006, which was after the Site Plan approval for
the site. Staff recommend that through the Plans Only Site Plan Amendment, the
accessible parking spaces be revised to comply with the updated accessible parking
space requirements in the Zoning By-law.
6.12 The parking space requirements for both the Long -Term Care Facility and the
Retirement Home are the same, 1 parking space for each 4 beds or fraction thereof.
Since the number of beds are being reduced from the existing 86 beds in the Long -
Term Care Facility to a 49-unit Retirement Home, the required parking spaces would be
reduced from 22 to 13. The existing Site Plan shows 23 parking spaces which will be
maintained. The intensity of the proposed use will be reduced, therefore less parking is
required as a result.
Compatibility
6.13 The applicant is not proposing to expand the building. The building will be renovated to
upgrade the condition of the building. The activities carried out in a Retirement Home
versus a Long -Term Care Facility would be very similar and mainly take place indoors.
6.14 Given that the subject property is proposed to be used for a Retirement Home and very
minimal changes are being made to the building and site, it should not cause a nuisance
to any neighbouring residents. The intensity of the site is being reduced and the existing
Municipality of Clarington
Committee of Adjustment A2022-0004 Page 9
parking and loading spaces will remain the same. The conversion to the Retirement
Home should not cause any significant impacts on the surrounding neighbourhood.
6.15 There is an existing Site Plan agreement for this property from 1982. The Site Plan
drawings would need to be updated to reflect the minor changes to the exterior of the
building, such as mechanical systems, window replacements, accessibility, etc. This
would be a Plans Only Site Plan Amendment where the drawings would be replaced
with the up to date drawings.
6.16 For the above stated reasons, it is staff's opinion that the minor variance requested is
desirable for the use of land and building. The proposal is appropriate for the lands as it
is not detrimental to the surrounding area and makes the best use of the building. The
proposal would be minimal in terms of the land use impact and relatively no impact to
the surrounding context.
Minor in Nature
6.17 In order to determine if an application is minor, the concept needs to maintain a flexible
approach, and relates to the assessment of the significance of the variance to the
surrounding circumstances and to the terms of the existing By-law. It is understood that
an interpretation must be based on the unique circumstances of each application.
6.18 The existing R1-3 Zone contemplates a Long -Term Care Facility. From a land use
perspective, the nature of the activity for a Retirement Home is similar to the Long -Term
Care Facility. It does not significantly depart from the use already contemplated in the
by-law. There are no major exterior alterations to the building or site that are being
made to have a significant adverse impact on the traffic or immediate neighbours. The
use would be accommodated within the existing building and does not significantly alter
the use of the land.
6.19 There is no evidence that the requested use was specifically prohibited. In fact, it should
be noted that prior to 2015, a Nursing Home was a permitted use on the subject lands.
The addition of the use constitutes a minor amendment given the circumstances.
6.20 It is Staff's opinion that the proposal to convert the building from a Long Term Care
Facility to a Retirement Home is minor in nature as it does not significantly change the
character of the building and the two uses are similar from a land use perspective.
7. Conclusion
7.1 Based on Staff's review of the application 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.
Municipality of Clarington
Committee of Adjustment A2022-0004
Page 10
7.2 Given the above comments, Staff recommends APPROVAL of the application to permit
a Retirement Home at 26 Elgin Street in Bowmanville, subject to the following
conditions:
i) That the applicant/owner submit a Plans Only Site Plan amendment application
to update the drawings attached to the existing development agreement for
DEV82-30.
Submitted by:
Ron Warne, Manager,
Development Review Branch
Staff Contact: Nicole Zambri, Planner, nzambri@clarington.net
Interested Parties:
The following interested parties will be notified of Committee's decision:
Bill Khanna
Joel Gerber
Sharon and Egan Fitzpatrick