HomeMy WebLinkAboutCS 01-08
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 01-08
Date: February 11, 2008
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Request to Amend Body-Rub Parlour By-law
Grant Morris Associates Ltd on Behalf of Christopher Trzcinski
1630 Bayly Street, Pickering
Recommendation:
1. That Report CS 01-08 of the Director, Corporate Services & Treasurer be
received;
2. That the request from Grant Morris Associates Limited, on behalf of Christopher
Trzcinski, to amend the Body Rub Parlour By-law 6649/06 to increase the
maximum number of body-rub parlour licenses to 4 be denied; and
3. That the City Clerk be directed to forward a copy of Report CS 01-08 of the
Director, Corporate Services & Treasurer to Grant Morris Associates Limited.
Executive Summary:
The City Clerk has received correspondence dated October 9, 2007 from Grant Morris
Associates Ltd. with respect to a request to amend By-law 6649/06 to increase the
maximum number of body-rub parlour licenses to 4 from the existing 3 within the by-
law. A report was subsequently prepared, however, based on a request of the
applicant, the matter was deferred to early 2008.
Financial Implications:
There are no financial implications at this time.
Sustainability Implications:
There are no sustainability implications.
Report CS 01-08
Subject: Request to Amend Body-Rub Parlour By-law
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Date: February 11, 2008
Page 2
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Background:
By-law 6649/06 provides for the licensing, regulating and governing of body-rub
parlours within the City of Pickering, in accordance with the provisions of the Municipal
Act. In 2005, there was an extensive review of the existing body rub parlour by-law,
which included detailed discussions with interested parties, such as the Durham
Regional Police Service and two public meetings on the by-law review. Based on the
public consultation and review, By-law 6649/06 was passed, which included a provision
for three body-rub parlour licenses.
During the public consultation and review of the body-rub parlour by-law, it was
determined that three licenses was appropriate for the City due to the extensive
administrative and enforcement requirements related to body rub parlour licensing.
Body Rub Parlours have a substantial turn over in staff and licensing all owners,
operators and attendants requires a significant amount of staff resources. Inspections
must also be coordinated with the Durham Regional Police Service in order to ensure
Municipal By-law Enforcement Officer safety. It was also noted during this discussion
that when the by-law was reviewed in the future, that the schedule defining the area
that permitted body rub parlours may operate should be re-evaluated in order to ensure
that operations of this nature did not front on a major arterial highway.
Grant Morris Associates Limited is acting on behalf of Mr. Christopher Trzcinski, owner
of 1630 Bayly Street, who wishes to pursue a body rub parlour license for this subject
property. At present, there are three available licenses in accordance with the by-law.
The licenses have been issued to Pickering Angels (905 Dillingham Road, Unit 3-4),
Pickering Spa (1050 Brock Road, Unit 25) and Aristocrats Health Spa (1895 Clements
Road, Unit 161). In 2007, it was a relatively quiet period for enforcement as two of the
three licensed body rub parlours have experienced issues which have prohibited them
from operating. Pickering Spa had building permit issues which had prohibited them
from operation and Aristocrats Health Spa was shut down due to the large methadone
fire at 1895 Clements Road. Pickering Angels was given approval to enlarge their
facility in early 2007, and a building permit has been issued in this regard.
All three existing licensed body-rub parlour operations have renewed their licences for
2008 and in discussions with the Planning and Development Department, building
renovations are progressing for both the Pickering Angels and Aristocrats Health Spa.
As the Body Rub Parlour by-law underwent an extensive consultative period and review
in 2006, staff are of the opinion that no further licences should be issued at this time. It
should be noted that all regulatory by-laws are reviewed every five years by City staff as
part of our process improvement initiatives, and this by-law will be no exception.
Attachments:
1. Correspondence dated October 9, 2007 from Grant Morris Associates Ltd.
Report CS 01-08
Subject: Request to Amend Body-Rub Parlour By-law
Date: February 11, 2008
Page 3
Prepared By:
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Debi A. Wilcox
City Clerk
Attachment
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Approved I Endorsed By:
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Gillis A. Paterson
Director, Corporate Services & Treasurer
Recommended for the consideration of
Pickering City Council
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Thomas J. Quinn, RDMR., CMM III /
Chief Administrative Officer
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TOWN PLANNING · ARBITRATION · LAND MANAGEMENT · INDUSTRIAL DEVELOPMENT
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CANADA · USA · CARRIBBEAN
GST N!l R1304-7754
File No. CT.02
2007 1009
Debi Bentley
Clerk
City of Pickering
One the Esplanade
Pickering, Ontario L1 V 1E6
Ct
Re: Request to amend Municipal By-law 6649/06 to provide for a
maximum of four licenses to be issued for body rub parlours in
the City of Pickering
Dear Madam:
1.0 Retainer:
Christopher Trzcinski is the owner of 1630 Bayly Street in the City of
Pickering. Mr. Trzcinski has engaged the services of my company, Grant
Morris Associates Ltd., to pursue a body rub parlour license at 1630 Bayly
Street.
2.0 Location:
1630 Bayly Street has a free standing structure which was used many years
agQ for residential purposes. With the advance of commercial development
in the area, this house was converted into a credit union about 15 years ago.
Today there are no residential uses within close proximity of the site.
Hence, the site with its small parking lot makes it suitable for a
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parlour use. T:".Q.~_ DW
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3.0 The Issue:
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At the time of my client's application to amend the zoning by-l w
a body rub parlour as a permitted use, the municipal by-law re
rub establishments, No. 5764/00, in the City defined the area
AJov I q I or (~ol2J2.. CORR.
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P I/<'...Ec TOR. CS-:$;- 10 TAKEAPPR.AcnoN
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SPECIALIZED PLANNIG & DEVELOPMENT CONSULTING SERV C
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397 Sheooard Ave.. Pickerino. Ontario. Canada L 1 V 1 E6 · Tel: Office/Fax (905) 420-3990 · Email: orant.morris@rooers.com
Debi Bentley, Clerk
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establishments may be permitted to operate but the by-law did not limit the 0 :'
number of licenses that could be issued by the City.
Council also had before it two amending zoning by-law applications to
permit body rub parlours, one at 1630 Bayly Street and the other at Unit 25,
1050 Brock Road, when it passed By-law 6649/06 limiting the number of
licenses for such a use in the City to three (3).
The events and the manoeuvring which unfolded were unprecedented,
resulting in my client having a legal body rub parlour use for its premises
with no licensing opportunity.
4.0 Back!!round:
In support of my request to Council, on behalf of my client, it is necessary to
set out the background to this issue.
Prior to October 16th, 2000, body rub parlours in the City were not limited to
a defined area. With the passage of Municipal By-law 5764/00 on October
16th, 2000, however, the defined area where body rub parlours could locate
was established and the need to obtain a license for such use was also
established. Council, in recognition of the existing body rub parlours within
its corporate limits, provided those existing body rub parlours an opportunity
to be licensed but gave them until the end of 2005 to locate to the defined
area.
1430658 Ontario Ltd. (Pickering Spa) was already operating outside the
defined area and sought to move its operation within the defined area at Unit
25, 1050 Brock Road. To do this, on July 25th, 2005, Pickering Spa applied
to the City for an amendment to By-law 2511 to allow a body rub parlour as
a permitted use at Unit 25, 1050 Brock Road. At the public meeting held on
January 19th, 2006, the applicant indicated that it was planning to serve
men, women and children, contrary to the body rub parlour by-laws which
define the industry as adult entertainment for 18 years and over. I
understand that objections were received for this application from the public,
plaza tenants and neighbouring businesses. On April3rd, 2006, Council
denied the application, resulting in the matter being appealed to the Ontario
Municipal Board on April 215\ 2006.
2
Debi Bentley, Clerk
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Also, on December 19t\ 2005, my client applied to the City of Pickering for
an amendment to By-law 2511 to permit a body rub parlour at its premises
at 1630 Bayly Street. At the public information meeting held on March 23rd,
2006, no one appeared in opposition and no written comments opposing the
application were received from residents or from any agencies. As a result,
Council passed By-law 6673/06 on June 5th, 2006. Council's decision was
appealed to the OMB by the owners of the Pickering Spa (Unit 25, 1050
Brock Road).
5.0 Hearine of the Appeals by the OMB and Decision:
The Board heard the appeal against the Pickering Spa amending by-law on
August 8th, 2006. The Board's decision allowed the appeal thereby paving
the way for a body rub parlour use at Unit 25, 1050 Brock Road.
Given the Board's decision, Pickering Spa moved quickly and applied for a
license which City Staff was compelled to issue. Since this was the only
available license, Pickering Spa vacated its objection to 1630 Bayly Street
application leaving only the appeal by Dr. Martin of the Safeway Worship
Centre to be heard by the Board.
It is interesting to note that the Safeway Worship Centre is located adjacent
to the proposed Pickering Spa body rub parlour, yet Dr. Martin did not
object to its use.
On April 12th, 2007, the Board heard the appeal against the proposed body
rub parlour use at 1630 Bayly Street and dismissed the appeal. The Board
found that there were no valid planning grounds for the appeal. The Board
Order No. 1138 confirmed its decision thereby affirming the approval of By-
law 6673/06 which permits a body rub parlour use at 1630 Bayly Street.
6.0 Municipal Bv-Iaw Amendment 6649/06:
It is crucial to note that Council had before it two by-law amendments for
body rub parlour use when it passed Municipal By-law 6649/06 in April,
2006. This by-law provided for body rub parlours in the City to be licensed
and limited the number of such establishments to three (3). It was evident
from the passing of By-law 6649/06 that Council intended to limit the
number of body rub parlours that could operate in the City, provided they
are located within the defined area as set out in By-law 6649/06.
3
Debi Bentley, Clerk
7.0 Intent of Council:
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It is also clear from Council's decision to pass By-law 6673/06 (my client's
amending by-law) while denying Pickering Spa's amending by-law, that
Council intended that the third license would have been given to my client.
However, the Board's decision to approve the Pickering Spa amending by-
law pre-empted Council's decision, resulting in Staff having no choice but
to award the third and only remaining available license to the Pickering Spa
at Unit 25, 1050 Brock Road. It is also clear from the Staff
recommendations and the decisions of the Ontario Municipal Board that
both locations for body rub parlour uses are permitted by the Regional
Official Plan and the City of Pickering Official Plan and are within the
defmed area of By-law 6649/06 which sets out where body rub parlours can
be located in the City.
8.0 Request of Council:
The question here is not whether the use is permitted or the morality of the
use, hut the manner in which the use can he implemented. My client's
application followed the proper by-law amendment process, was passed by
Council and the appeal was dismissed by the Ontario Municipal Board,
thereby confirming Council's decision.
Having said this, we must also recognize that the Pickering Spa followed the
proper planning process to achieve its body rub parlour use and license at
Unit 25, 1050 Brock Road.
As a Planner, I have a responsibility to support the planning process and to
find ways to resolve issues which threaten the integrity of said process.
In fairness to my client and because of the events which unfolded were
beyond his control and given that my client went through the proper
planning process resulting in the by-law being legally amended to permit a
body rub parlour use at 1630 Bayly Street and given that my client has been
working with Staff for site plan approval and has expended monies in this
respect and given that my client has been paying taxes, mortgage and
insurance on the property which has remained vacant for over two years, I
believe that Council has a responsibility to assist in the resolution of this
unforeseen situation.
4
Debi Bentley, Clerk
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I therefore respectfully ask that Council amend Municipal By-law
6649/06 to providefor a ma.:y:imum offour (4) licenses to be issued
for body rub parlours in the City of Pickering instead of three (3).
This, in my view, would be a fair way of resolving the issue under the
circumstances. If required, I shall be available to make a presentation to
Council.
Yours very truly
~
Grant Morris
Planning Consultant
c.c. Mayor Dave Ryan
Bonnie Littley, Regional Councillor Ward 1
Bill McLean, Regional Councillor Ward 2
Rick Johnson, Regional Councillor Ward 3
Jennifer O'Connell, City Councillor Ward 1
Doug Dickerson, City Councillor Ward 2
David Pickles, City Councillor Ward 3
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CiUI o~
REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 06-08
Date: February 11, 2008
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Request for 2008 Grant
Toronto Wildlife Centre
Recommendation:
1. That Report CS 06-08 of the Director, Corporate Services & Treasurer be received;
2. That a grant in the amount of $6,500. to the Toronto Wildlife Centre (TWC) be
endorsed and that this amount be included in the 2008 draft grant budget (2195.2570).
Executive Summary:
The City has received a request for a 2008 grant from the Toronto Wildlife Centre (TWC) in
the amount of $20,000.00. In 2006 and 2007, the Clerks Division, Animal Services Section
executed an agreement with the Toronto Wildlife Centre for services, and provided a one time
yearly contract payment in the amount of $6,500.00. For 2008, services will also be provided
by a private contractor with respect to wildlife calls under the Animal Services 2008 budget.
Financial Implications:
The amount of $6,500 was included in the 2005 and 2006 Current Budget for Animal Services
under Outside Agency Services as a contract expense. This arrangement can continue for
2007. However, as the Centre is now asking for a grant of up to $20,000 staff concluded the
matter should be forwarded to Council for its consideration for the 2008 Budget. Staff is
recommending that the amount of $6,500 be maintained for 2008 budget consideration but it
be now included in the Grants budget.
Sustainability Implications:
There are no sustainability implications.