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HomeMy WebLinkAboutPD 14-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 14-05 Date: March 24, 2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 16/04 Renata Trent 905 Dillingham Road Part of Lot 19, B.F.C Range 3 (Durham Condominium Plan 105) City of Pickering Recommendation: That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to add a body rub parlour as a permitted use to the lands located at the south-east corner of Quigley Street and Dillingham Road (see Location Map, Attachment #1). No alterations are proposed to the multi-tenant industrial condominium to accommodate the requested use (see Applicant's Submitted Plan, Attachment #2). The property is located in the area of the City, defined by Municipal By-law 5764/00, as an area where a body rub parlour use may operate, subject to obtaining zoning approval. The applicant has advised that they have operated from this property for the past five years and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City is not aware of any documented complaints respecting the use. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Renata Trent (A 16/04) March 24,2005 Page 2 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At the January 20, 2005 Information Meeting (see text of Information Report, Attachment #3) Public Comments - tenants from the industrial condominium where present, but did not speak; tenants submitted a list of issues and concerns with an attached petition signed by 11 tenants (see Attachment #4); Applicant's Comments no specific comments; applicant's solicitor spoke on their behalf; solicitor provided a written statement (see Attachment #5); 1.2 Agencies Durham Region Planning Depadment Veridian Connections conforms with Regional Official Plan; municipal water supply and sanitary sewer are available; no Provincial interests identified; (see Attachment #6); no objection (see Attachment #7); 1.3 City Departments no specific comments. 2.0 Discussion 2.1 Use and Compatibility 2.1.1 Proposed use conforms to the Pickering Official Plan The applicant is proposing to add a body rub parlour as a permitted use. The subject property is designated "Employment Area - General Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered. Approval of the rezoning would conform with the Pickering Official and the Region of Durham Official Plan. Renata Trent (A 16/04) March 24, 2005 Page 3 2.1.2 2.1.3 2.2 2.2.1 2.2.2 The site is suitable for the proposed use The proposed use is compatible with the surrounding land uses. The industrial condominium building site currently provides a total of 66 parking spaces. Based on our parking calculation of 1 space per 56 square metres of gross leasable floor area for industrial uses (3010 square metres), the building requires 54 parking spaces. Therefore, due to the surplus of 12 parking spaces and offsetting hours of operation from regular business hours, the ability to share parking is possible. Furthermore, the application has received authorization from Durham Condominium Corporation 105 Manager, Joe Ross, allowing the submission of Zoning By-law Amendment - A 16/04, and Mr. Ross advises that he does not object to the rezoning (see Attachment #8). The proposed body rub parlour use will have minimal impact The proposed use is located in an area of the Brock Industrial Neighbourhood that has no visual presence along the major transportation corridors of Brock Road, Clements Road or Bayly Street. Rezoning the property to include a body rub parlour as a permitted use would recognize an existing non-conforming use and bring it into compliance. Furthermore, the applicant has advised that the proposed use has operated from 905 Dillingham Road for the past five years (see Attachment #9), and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City is not aware of any documented complaints respecting the use. Zoning By-law Performance Standards The proposed by-law will limit the gross leasable floor area The by-law will limit the gross leasable floor area of the body rub parlour use to a maximum of 160 square metres. The information report dated January 20, 2005, indicated the floor area to be 85 square metres, representing the ground floor area only. However, the unit contains a mezzanine level with a floor area of approximately 68 square metres for a total floor area of approximately 160 square metres. The intent of limiting the gross leasable floor area is to ensure that the proposed use does not occupy a significant amount of floor space within the condominium complex, thus becoming the primary use. A mix of uses will be maintained. The existing by-law will govern all other zoning requirements No further amendments to the current 'M2' zoning are proposed or required. The current by-law requirements will continue to apply to the property. Renata Trent (A 16/04) March 24, 2005 Page 4 2.3 2.3.1 3.0 Municipal By-law 5764~00 - Body Rub Parlours The proposed body rub parlour complies with the Municipal By-law & licensing requirements On October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulating of body rub parlours within the City of Pickering. The by-law includes a provision that restricts the location in which body rub parlours may be considered to operate. The restricted area is within the Brock Industrial Neighbourhood, subject to a zoning by-law amendment application being approved by the City. The subject property is located within the designated area as per Municipal By-law 5764/00 (see Attachment #10), and the business has been issued a 2005 Body Rub Parlour License from Municipal Law Enforcement Services. At the time of passage of Municipal By-law 5764/00 the City provided existing body rub parlours a "grandfather status" which permitted the business to obtain a license even though zoning was not approved. This special status expires December 31, 2005. Consequently the applicant is requesting rezoning of the subject property to permit the continuance of the existing business. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Tenants Comments and Petition 5. Applicant's Solicitors Written Statement 6. Comments from the Region of Durham Planning Department 7. Comments from Veridian Connections 8. Condominium Board Manager Authorization Letter 9. Letter from Applicant 10. Municipal Body Rub Parlour By-law- 5764/00 Renata Trent (A 16/04) March 24, 2005 Page 5 Prepared By: Approved / Endorsed By: ~'aOrfn ef~r [ m'~n-ows ki, CPT Neil-Carrol~PP - Director, Planning & Development Lynd~tTaylor, ,~lP, RPP Manager, Development Review GXR:Id Attachments Copy: Chief Administrative Officer (Acting) Chief A,.~nistrative Officer Recomme~~or/th~ consideration of P icker~~,~~ Thomas J.~inn~ief A~d~ministrctive Officer APPENDIX I TO REPORT NUMBER PD 14-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 16/04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.~., ~il ~¢ Being a By-law to amend a (Zoning) By-law 2511, to implement the Official Plan of t~ City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. (A 16/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit an additional use being a Body Rub Parlour Use, on the subject lands, located in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering, designated "M2" on Schedule I attached to this By-law. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. TEXT AMENDMENT Section 17 - Industrial Zone - "M2" is hereby amended by adding the following after subsection 17.4.3: 17.4.4 - Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) (1) Definitions (a) For the purpose of this subsection "Body Rub Parlour" includes any premises or part thereof where a body rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (b) For the purpose of this subsection "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontado; (2) -2- Provisions In addition to the provisions of Section 17.1 hereof, the lands designated "M2" on Schedule I to this By-law may be used for the purpose of a Body Rub Parlour in accordance with Section 17.2 provided that the following requirements are met: (a) the gross leasable floor area of all Body Rub Parlours shall not exceed 160 square metres. 5. BY-LAW 25'11 By-law 2511 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. day of Dave Ryan, M~ o Bruce ylor, Clerk SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2005 MAYOR CLERK ATTACHMENT#_ I ' TO REPORT # PD J H- 0.~ BAYLY STREET ~ 8AYLY STREET O ca ORANGEBROOK (D < o SIIBJECT W,.., PR u~',-~ ...... I ~ QUIGLEY STREET © ~ v -- rF >- '" ~...., CLEMENTS ROAD City of Pickering Planning & Development Department PROPERTY DEScRIPTiON DCP 105, LEVEL 1, UNIT 3 OWNER D. TRENT DATE NOV. 19, 2004 DRAWN BY JB FILE No. A 16/04 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-4 PA- ~- TO ATTACHMENT f REPORT if PD /Z't/-~-~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 16/04 - R. TRENT QUIGLEY STREET '------ UNIT 3 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES ATTACHMENT# ~ TO REPORT ~ PD... /~-O,_R PICKERING INFORMATION REPORT NO. 01-05 FOR PUBLIC INFORMATION MEETING OF January 20, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 16/04 Renata Trent Durham Condo Plan 105, Level 1, Unit 3 (905 Dillingham Road) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.81 hectares in size, and located on the south east corner of Dillingham Road and Quigley Street (see Attachment #1 - Location Map); - a 23 unit multi-tenant industrial condominium occupies the site; the property is surrounded by industrial-commercial uses. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to add a Body Rub Parlour as a use; this proposed use will occupy Unit #3 within the existing industrial condominium; total gross floor area of the existing industrial condominium is 3,010 square metres; Unit #3 consumes approximately 85 square metres of the floor area (see Attachment #2 - Applicant's Submitted Site Plan). OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area"; - this designations goal is to establish Employment Areas and efficiently guide their development to obtain the greatest benefit for the Region; - to increase job opportunities for the residents of the Region; Information Report No. 01-05 ATTACHMENT REPORT# PD_ Page 2 3.2 3.3 3.4 Employment Areas shall be used for limited personal service uses; the applicant's proposal appears to comply with this designation; Pickering Official Plan the subject property is designated "General Employment" within the Brock Industrial Neighbourhood; this designation permits a wide range of employment uses while allowing for limited personal service uses serving the area; Schedule II of the Pickering Official Plan -"Transportation Systems" designates Dillingham Road and Quigley Street as a Local Roads; Zoning By-law 2511 the subject property is currently zoned "M2"-Industrial Zone by By-law 2511/00; - the current zoning permits the following uses: All commercial uses permitted under "MI"- Storage & Light Manufacturing; All industrial uses permitted under "MI" - Storage & Light Manufacturing along with a transportation terminal, manufacturing and industrial uses with limited outdoor storage; the applicant is requesting to add a Body Rub Parlour use to the existing zoning; the amendment would only apply to 905 Dillingham Road; Municipal By-law Pertaininq to Body Rub Parloum - on October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulation of body rub parlours within the City of Pickering; the by-law includes a provision which restricts the location in which body rub parlours may be considered to operate, to the City's Industrial area, subject to a zoning by-law amendment application to permit the use (see Attachment #3 - Schedule "B" to By-law 5764/00); - the definition of a Body Rub Parlour is as follows: a "Body Rub Parlour" is defined as any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; Information Report No. 01-05 ATTACHMENT REPORT # PD.,. Page 3 4.0 4.1 a "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. RESULTS OF CIRCULATION Resident Comments 4.2 4.3 no comments have been received; A.qencv Comments no comments have been received; Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: Use · the compatibility of the proposed use within the existing industrial condominium; · examine compatibility with existing built form; · examine the entire site to ensure that all uses within the industrial condominium conform with the "M2" - Industrial Zone; · this zoning amendment will evaluate the appropriateness of the requested use; Parkin.q · assess the current parking supply on-site and will examine the potential effects that this proposed use may have on the parking supply; Zoninq · determine whether or not floor-space limitations for the proposed use should be included in any zoning by-law; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. Information Report No. 01-05 ATTACHMENT#., ,-'.'.'.'.'.'.'.'.'~; TO REPORT # PD Page 4 5.0 6.0 6.1 6.2 6.3 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Prope~y Principal & Leasee - the principal of 905 Dillingham Road is Joe Ross, the leasee of 905 Dillingham Road, Unit #3 is Renata Trent represented by Noel D. Gerry. ORIGINAL $]'GNE]~ ]~jf' ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner I GXR:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 01-05 COMMENTING RESIDENTS AND LANDOWNERS (1) no comments received to date; COMMENTING AGENCIES (1) no comments received to date; COMMENTING CITY DEPARTMENTS (1) no comments received to date; ~'r'rACHMEITI' #~ /-"/( TO REPOR'I' # PD /~-05 The owners and tenants of 905 Dillingham Road have a wide range of problems with the operation of the body rub parlor 1. The late operating hours bring a lot of traffic to our building very [ate at night there is constantly beer cans and trash left behind and on many occasions customers have been seen urinating on and around the building. 2. The parking in the building doesn't allow for the amount of cars there business brings. The employees and customers park in areas not designated to parking and in the spaces assigned to the other units. 3. It is also the belief of the owners that the values of our properties are compromised by having this type of business in the building. There is always a group of scantly clad women out front smoking. As an owner who was recently selling one of my unitg I can tell you first hand that two potential buyers were turned off the unit because of the presence of this type of massage parlor. If you are wondering what is meant by "this type of massage parlor" it would only take a few seconds on there web site to know what there all about. Thank you Owners and Tenents ATIACHMENT#~._.~TO REPORI ~ The following are tenants and or owner/members of the Condominiun Corporation at 905 Dillingham Road By show of sig-natures would like to appose the application for a zoning amendment Made by Renata Trent to add a body mb parlour as a permitted use ~TTAE;t-IMENT # 5 P, EPORI # PD 7~ NOEL D. GERRY BARRISTER & SOLICITOR By Fax (905) 420-4511 a'nd Hand Delivered Richmond Street East Suite #100 Torol~t~, On~arlo MSC 1 N7 Talsphone: 416-972-1161 Fax: 416.362.cJ9tt4 January 20, 2005 Corporation of the City of Pickering One The Esplanade Picketing, Ontario LIV 6K7 Attention: Mr. Bruce Taylor, City Clerk Dear Sir:. Re: Zoning Amendment Application A16104 905 Dlllingham Road, Unit #3 I act for the Owner/Applicant, Ms. Renata Trent. Please accept and put forward for consideration by Council these Written submissions, which are provided in accordance with subsection 34{ 14.1 ) of the Planning A ct. 'Fha Applicant seeks an amendment to the current zoning by-law governing 905 Dillingham Road to allow for a body-rub parlour'as a permitted use at the said premises. The Applicant has operated a duly licensed body-rub padour at 905 Dillingham Road, Unit #3 for appro×imate~y five years. Body-rub padours are governed under City of' Picketing By-law 5764/00. t.n addition to setting out various requirements for the obtaining of a body. rub parlour licence, the By. law. sets out the area or areas in which body-rub pariours may operate within the geographic limP, s of the City of Picketing. The 'Municipality did not enact a corresponding zoning by. law at the time of the passage of its licensing by-law, thus creating a siluation where operation of the business under the licence results in a zoning violation (please see Treesann Management Inc. v. Town of Richmond Hill, where an adult entertainment parlour by-law was quashed on that basis).' The City has,' after five years of licensing the activity at the subject location, put the Applicant on notice that it must seek an 'amendment to the zoning by-law to allow for its continued lawful operation. -2- The subject premises already falls within the licensing zone'established by By-taw 5764/00, By granting this application for a zoning amendment, Council would.simply be correcting the omission that was made in failing to enact a corresponding zoning by-taw at the time of the passing of By-raw 5764/00. It Js presumed that Council already considered the. planning related implications of' allowing the use at the subject premises when it passed By-law 5764/00. The subject premise is located in what is primarily an industrial zone, away from residentiat uses. The parking provided at the site is sufficient to support all of the uses carried on In the. various industrial/commercial condominium units, Other impacting factors, such as hours of operation and signage are operational in nature and jurisdictionally WOuld fall under the rubric of licensing as opposed to planning or zoning. From a planning perspective, it is respectfully submitted that there would be no reason to deny the application. I have had an opportunity to review the petition letter submitted by some owners and residents of 905 DBIingham Road. in response to the concerns raised please note the following:' 1. Hours of operation are regulated through licensing by-laws and not an appropriate consideration for this. application; 2. Parking is sufficient to support the amount of cu'stomers that attend the business. Disputes over designated parking spots are an internal matter for the condominium corporation. 3. The alleged negative effect on property values isunproven and irrelevant to the zoning amendment application. 4, The reference to "this type of massage parlor'" is curious, My client is operating a licensed body-rub parlour which by statutory definition Js an adult entertainment establishment. It has been 'duly licensed as such for five years and my client makes no pretense that ~, is anything else but what it holds itself to be. Considerations of the moralfty of my client's business are cleady not relevant to this application, 5. A representative of the condominium 'corporation provided a letter permitting the .application. 6, The signatories of the petition do not comprise fifty percent Of the overall unit holders in the condominium corporation.. -3- It is submitted that from both a legal and planning perspective, allowing the appliCation for an amendment to the current zoning by-law vcould be sound and prudent. All of which is respectfully submitted along with the letter of Ms. Renata Trent dated January 6, 2005. January 12, 2005 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR. LANG TOWER Geoff Romanowski, Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Romanowski: Re: Zoning Amendment Application A16/04 Applicant: Renata Trent Location: 905 Dillingham Road, Unit 3, Pickering Part Lot 19, Concession BF Municipality: Cityof Pickering WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 E-mail: planning@ gion.durham.on.ca www. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning This application has been reviewed by the Region of Durham and the following comments are offered. The purpose of this application is to amend the existing zomng of the subject property from "General Industrial (M2)" to add a body rub parlour as a permitted use. Re.qional Official Plan The lands subject to this application are designated 'Employment Area' in the Durham Regional Official Plan. Limited personal service uses'may be permitted within this designation. Re.qional Services Municipal water supply and sanitary sewer services are available to the site. ProVincial Policies & Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planning Analyst Current Operations Branch cc: Peter Castellan, Regional Works Department "Service Excellence for our Communities" N :\pim\dc~oning\Comments\Pickering~A16-04.doc 100% Post Consumer ,ATTACHMENT #~,.7-~'/'0 REPOR'/' # PD FE~ 0 I 2005 VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW G~TY OF P~CKERING PLANNING & DEVELOPMENT I ADDRESS/PL,&N: 905 Dillmgham It. oad I REF. NO.: A 16/04 SUBMISSION DATE: Decembe, 2, 2004 The existing, service to Otis huildh~g may be imdcClUate. Det',dts rega~d~g a se~ce up~e cm be obt~ed ~om our offices. Ved~n Connecdon~ has no objecdon m ~e proposed devdopment. Please ~o~d a copy of ~t s~fl~ssio~ d~ desl~ so ~at Vcfi~m Connecfiom may prepare an elec~cal de~i~ 'md m Offer m Semce. Elec~cal dxa~mgs ~e required (3/6) monks pfio, to elactfic,~ se~cing date. Tccl'm.ical Rep,esentadve - Kea G-allen ,phone 427-9870 Ext. 3262 PP/df ATTACHMENT#,, 8 10 REPORT # PDL /~'"~ DCC 105 October 26, 2004 To Whom It May Concern: I am aware that Renata Trent, owner of unit #3 in Durham Condominium Corp 105, located at 905 Dillingham Rd. in Pickering is applying to have t~, mise [ezo~ for the use of Massage Therapy (body rub). Currently our zoning is ~nd as Manager of the Building I would not(~/.~)°h~-~ as long as this falls within our bylaws and would automatically change back to ~ould this business cease to exist. JO~O S S Manager ofDCC 105 DURIIAM CONDOMINIUM CORPORATION 105 905 Dillingham Road, Pickering, Ontario. LIW January 6, 2005 ATTACI-IBIEI'~iT # ~ ..... His Worship Mayor David Ryan City of Pickering And Honourable Members of Council Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Dear Sirs: Re: Application for Re-Zoning 905 Dillingham Road, Unit #3 My name is Renata Trent and I am the owner of Pickering's Angels located at 905 Dillingham Rd., Unit #3 in Pickering Ontario. As you are aware, we are applying for an amendment to the existing zoning by-law applicable to the premises to allow for the specific use ora body-mb parlour. My establishment has been fully licensed for the past 5 years (we just received the licence for the year 2005) and I am the owner of the condominium unit in which the business is located. The location of my establishment is within the defined area where body-mb parlours may be licensed pursuant to Schedule "B" of City of Pickering By-law 5764/00 and all that is now required is site specific permission for the contemplated use to allow for future compliance with the City's zoning by-laws. I take great pains to ensure that all the regulations applicable to body-mb parlours outlined in By-law 5764/00 are complied with on a regular basis. All of my employees are licensed, legally permitted to work in Canada and over the age of eighteen. There are no minors allowed in the premises, either as customers or attendants. As well, all of the employees have provided the licensing department with a criminal background check and proof of a medical examination upon obtaining their body-mb licen.ces. I take pride in the fact that we have a good record with the police and City by-law enforcement officers and in the fact that we are on good terms with our fellow condominium owners. My staff and I run this business in a quiet, clean, discreet and respectful manner and I personally promise to ensure that that trend continues, if you see fit to vote in favour of this application. If you have any questions or concerns in respect of this application, please feel free to contact me directly. Otherwise, I thank you in advance for taking the time to consider these comments. Yours very truly, Renata Trent PICK' P;Ri'NG OFFICE CONSOLIDATION BODY RUB PARLOUR BY-LAW BY-LAW NUMBER 5764/00 Passed by Council on October 16, 2000 Amendments: By-law date passed section amended 5783/00 December 18, 2000 Schedule "B" December 18, 2000 Schedule TI-IE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5764/00 Being a by-law to licence and regulate body-rub parlours in the City of Pickering. WHEREAS pursuant to Section 224(1) of the Act R.S.O. 1990, c.M.45 by-laws may be passed by the councils of cities for licensing, regulating, governing and inspecting body- rub parlours and for revoking or suspending any such licence and for limiting the number of licences to be granted; and WHEREAS section 224(2) of the said Act provides for a by-law passed under this Section to regulate the sin or other advertising devices for body-rub parlours; WHEREAS Section 224(3) of the said Act further provides for a by-law defining the area or areas in a city in which body-rub parlours may or ma~v not operate and may limit the number of licences to be granted in respect of body-rub parlours in any such area or areas in which they are permitted; and WHEREAS Section 224(4) of the said Act provides for by-laws to be passed prohibiting the premises to be constructed or equipped in such a manner as to hinder or prevent the enforcement of the by-taw; and VrHEREAS Section 224(5) of the said Act provides for entry by a medical officer of health or a public health inspector acting under his or her direction or a peace officer where there is reason to suspect that a breach of the by-law has occurred and such entry may be made at any time of the day or night for the purposes of carrying out the enforcement of the by-law; and WHEREAS Section 224(6) of the said Act provides for a by-law to be passed prohibiting any person under the age of 18 years to enter or remain in the b6dy-rub Parlour or any part thereof; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, (a) "Body-rob" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, cfa person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (b) "Body-rob parlour" includes any premises or part thereof where a Body- rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (c) (d) (e) (f) "Body-rubber" includes any person who performs, offers, solicits or receives a Body-Rub. "City" means the Corporation of the City of Pickering. "Council" means the Council of the Corporation of the City Of Pickering. "Manager" means the Manager of the By-law Enforcement Services Section or, in his or her absence, any 'person authorized to fulfill the responsibilities of the Manager. (g) "Owner" when used in reference to a body-rub parlour means a person who alone or with others has the right to possess or occupy a body-rub parlour or actually does possess or occupy a body-rub parlour, and includes a lessee of a body-rub parlour or premises upon which a body-rub parlour is located. (h) "Operator" when used in reference to a body-rub parlour refers to any person who alone or with others operates, manages, supervises, runs or controls a body-rob parlour and "operate", "operation" and other words or like import or intent shall be given a corresponding meaning. LICENCE REQUIREMENT There shall be taken out by every owner and every, operator of a body-rub parlour a licence from the City authorizing him or her to carry on such business in the City, for which licence the person obtaining same shall pay to the City, at or before the time of taking out such licence, the fee fixed by this By-law, and no person shall, within the Iimired of the City, can3, on or engage in such business until he or she has procured such licence to do so. DEFINED AREAS The area of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be part of this By-law, is an area in which a body-mb parlour may operate and no body-rub parlours are permitted to operate in any other area or areas of the City. APPLICATIONS FOR LICENCE~q Applications for the issuance or renewal of a licence for a body rub parlour for any given year must be received by the Manager, in the form prescribed by the Manager, on or before the 31st day of December for the next ensuing licence and calendar year. The applicant shall, at the time of filing of the application, deliver to the Manager cash, money order or certified cheque in the amount of the licence fee, fixed pursuant to Schedule "A" of this By-taw, for every Iicence required under this By- law or for the renewal thereof. No licence shall be issued for a body rub parlour on premises where the City's Zoning By-laws do not permit the use of those premises for such purposes. (a) On every application for an owner's, operator's, or body-rubber's licence or the renewal thereof, the applicant shall attend in person and not be an agent, at the office of the Manager and shall complete the prescribed forms and shall furnish such. information as may be directed. (b) In the case of a body-mb parlour owned or operated by a partnership, the attendance required under Subsection (a) of this Section shall be by one of the partners and in the case of a body-mb p~rlour owned or operated by a corporation such attendance shall be by an officer of the corporation. (c) Every applicant for a body~rubber's licence shall submit w/th their application two (2) passport size photographs of his face, one of which photographs shall be attached to the licence and the other which shall be filed with the Manager, and upon application for renewal of any licence, the applicant shall furnish new photographs if required to do so by the Manager. (d) Ever}' applicant for an owner's licence shall, at the time of making his application, ~le with the Manager a list showing the names and addresses and birth dates of all operators and body-rubbers employed by or performing services in his body-rub parlour. (e) Every individUal, partner, or other person referred to in this Section, shall file with or produce to the Manager proof of age, if required to do so by the Manager, and no such licence shall be issued unless the Manager is satisfied that eve~,person is of the full age of eighteen years. It shall be the duty of every member of a partnership to advise the Mana_~er immediately in writing of any change in the membership of the partnership and~of any other change in any of the particulars relating to the parmership or its business including the names, addresses and birth dates of all new partners which are required to be filed with the Manager and Council ma);, at its discretion, determine whether the licence or licences shall be revoked. t0. Every. perso0 applying Ibr a bod?~bbeffs !icence or renewal thereo}~ shall deliver or have delivered to the Manager, prior to lfis licorice being issued or renewed, a certificate on a form, supplied by the Manager, si~ed by a duly qualified medical practitioner within one (1) month immediately prior to the date of the application certifying that such person is free from communicable diseases and is medically fit to perform or receive body-rubs. (a) A separate owner's licence shall be taken out in respect of each body-rub parlour. (b) A separate operator's licence shall be taken out in respect of each body- rub parlour. (c) Each owner, owner/operator, and operator shall if they perform, offer, solicit or receive a body-rub be licenced as a body-rubber pursuant to the provisions of this By-law. REGULATIONS APPLICABLE TO BODY-RUB PARLOURS 11. (a) 12. 13. 14. (b) (c) No owner of a body-rub parlour shall permit any person other than a licenced operator to operate such body-rub parlour. No owner or operator shall permit any body-rub to be performed, offered, or solicited in the pursuance of a trade, calling, business or occupation, upon or at his body-rub parlour, by any person other than a licenced body- rubber. No body-rubber or other person shall perform, offer or solicit body-mbs in any body-parlour unless the owner of the said body-mb parlour, and the operator, if any, of the said body-rub parlour is duty licenced as owner or operator respectively under this By-law, (d) (e) No operator shall operate the said body-rub parlour unless the owner of the said body-rub parlour is duly licenced as an owner under this By-law. No operator may operate a body-rub parlour unless he first notifies the Manager of the name of the owner whose body-rub parlour he intends to operate and has endorsed upon his licence the said owner's name accordingly, and every operator, before operating any other body-rub parlour, shall notify the Manager of his intention so to do and have his licence endorsed accordingly. Every owner and operator shall keep hi.s licence issued in respect of that body-rub parlour, exposed in a conspicuous place in the interior of this a'id premises at all times during the currency of the licence. Every owner, operator or body-robber who changes his address shall, within four (4) days after such change, at~end at the office of the Manager and notify the Manager of such change of address and produce his licence for the change to be entered thereon. No owner or operator shall perform or provide any service or services or permit the performing or providm~ of any 'service or sen,ices in any body-rub parlour which is constructed or equipped so as to hinder or prevent the enforcement of this By-law. 17. 18. 19. 16. Eveu, body-tab or othe. r .se'.Wice peribnn.ed in a, body-mb .?~rlour shall be given in an individual room or' cubicle, bdt no owner or operator shall cause or permit the door or other means of access to any room or cubicle where body-mbs are or may be provided, to be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to subh mom or cubicle. (b) No person shall permit the obstruction, hindrance or delay of any person attempting to gain entry into a room or cubicle in a body-rub parlour in which a service is or may be provided in respect of such body-mb parlour. Every owner who operates their own body-rub parlour and every operator of a body-rub parlour, in the operation of the body-rub parlour, shall ensure that: (a) adequate toilet and washroom accommodations are provided in accordance with the Building Code as amended from time to time issued pursuant to the Building Code Act, 1992, S.O. 1992 c.23; (b) (c) (d) the body-mb parlour is kept in a clean and sanitary condition; every table, mat or other surface upon which persons lie or sit while being g~ven or provided with a body-rub shall be clean and in good repair, and shall have a top surface of impervious material; every table mat or other surface referred to in Subsection (c) hereof shall be covered with a fresh, clean individual paper or cloth ~heet before any person receives a body-rub thereon; (e) every sheet or towel shall, immediately after being used by any person, be deposited in a receptacle reserved for that purpose and shall not be utilized again for any purpose before being freshly laundered. all exterior signs and advertisements relating to the body-rub parlour shall comply with all applicable law. (g) the signage referred to in subsection (f) herein shall not contain any offensive words or graphics. Every owner or operator of a body-rub parlour shall post and keep posted in a prominent location inside the body-mb parlour, signs sufficient to indicate clearly to every person in the body-mb parlour, that no person under the age of eighteen years is pem~itted to remain in such body-mb parlour or pan thereof. No owmer, operator or body-m bber shall perform or permit to be performed a body-rub in any body-rub parlour by or upon any person whom he has reasonable cause to suspect has been exposed to or is suffering from any communicable disease, including any communicable skin disease. Every owner, operator, body-rubber or other person performing services in, at or upon a body-mb p&rlour or in attendance at a body-mb parlour in pursuance of trade, calling, business or occupation carried on by the owner, or operator of such body-mb parlour, shall, upon a request made to him by any Peace Officer, Law Enforcement Officer or Public Health Inspector acting under the direction0f the Medical Officer of Health, provide his name and residential address, and if he is licenced under this By-law in respect of any trade, calling, business or occupation relating to such body-mb parlour, he shalI produce his said licence. 20. 21. 22. A "Peace Officer, ' or Public Health 'Inspector acting under the direction of the Medical Officer 6f Health, may enter and inspect all areas of a body-rub'parlour, at any time of the night or day, ['or the purposes of carry!ng out the enforcement of this By-law. The offering, selling, giving, performing or soliciting of any service and the selling, giving, trading or offering of any goods in a body-rub parlour, shall comply to all applicable law. (a) No person under the age of eighteen may be or act as an owner or operator cfa body-mb parlour or provide any services in a body-rub parlour. (b) No person may provide a body-rub or any other service in a body-mb parlour to a person who is under the age of eighteen years. (c) No owner or operator shall permit any person under the age of eighteen to enter or remain in any body-rub parlour owned or operated by him. PENALTY 23. (1) (2) Every person who contravenes any provision of this by-law, and evry director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is oliable to a fine, exclusive of costs, not exceeding $25,000.00. Where a corporation is convicted of an offence under this By-law, the maximum penalty, exclusive of costs, that may be imposed on the corporation is $50,000.00, and not as provided in subsection (1). VALIDITY 24. If a court of competent jurisdiction declares any provision, or any part of a provision of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. EFFECTIVE DATE OF BY-LAW 25 This by-law shall take effect on January 1,2001. By-law read a first, second and third time and finally passed this 16th day of October, 2000. (~.i~ed) Wayne Arthurs Wayne Arthurs, Mayor Isi~ed) Brace Tavtor Bruce Taylor, Clerk SCH~:t)UL~ "A" TO BY-LAW NUMBER 5764/00 Body-Rub Parlours: First Licence: Owner/Operator: Owner who does not operate: Operator other than Owner: Body-Rubber $1,$00.00 $1,400.00 $100.00 $100.00 For the term of any iicence period expiring December 31 st of any year. Renewal: Owner/Operation: $100.00 Owner who does not operate: $100.00 Operator other than Owner: $I00.00 Body-Rubbers $100.00 SCHEDULE "B" TO BY-LAW NUMBER 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' TO BY-LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE LAKE ONTARIO