HomeMy WebLinkAboutPD 33-06
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 33-06
Date: May 23, 2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 1/06
1678445 Ontario Ltd.
1630 - 1634 Bayly Street
South Part of Lot 19, Concession 1
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 1/06 be APPROVED, to amend
the existing zoning on the subject property to add a body-rub parlour as a
permitted use on lands being South Part of Lot 19, Concession 1, City of
Pickering.
2. That the amending zoning by-law to implement Zoning By-law Amendment
Application A 1/06, as set out in Appendix I to Report PD 33-06, 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 on lands located at the northwest corner of
Bayly Street and Salk Road (see Location Map, Attachment #1).
The subject property supports a one-storey building (formerly the Toronto Fire
Department Employees Credit Union Ltd.) with a rear parking area accessed from
Salk Road. No exterior alteration is proposed to accommodate the requested use (see
Applicant's Submitted Site Plan, Attachment #2). The applicant proposes to convert the
interior of the building to accommodate a body-rub parlour with four rooms, a lobby, a
washroom, an office and a staff room (see Applicant's Submitted Conceptual Floor
Plan, Attachment #3). The property is located within the boundary defined by Municipal
By-law 6649/06 as an area where a body-rub parlour may operate, subject to obtaining
zoning approval.
It is recommended that the application be approved and that the draft by-law be forwarded
to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Report PD 33-06
, '·01
U '('
Date: May 23,2006
Subject: 1678445 Ontario Inc. (A 1/06)
Page 2
Background:
1.0 Comments Received
1.1 At the March 23, 2006 Information Meeting
(see text of Information Report, Attachment #4 and Meeting Minutes Attachment #5)
- S. Keser, solicitor for the applicant, gave a brief overview of the proposed
business and stated that the establishment will be kept very conservative, i.e.
no external changes, no external advertising but a small external signage at
the back;
- S. Keser expressed concern respecting the limitation of the total number of
body-rub parlour licences to three in Pickering;
- no other comments were received;
1.2 Written Comments Received Before and After the Information Meeting
- no comments were received;
1.3 Agencies and City Departments
Region of Durham Planning
Conservation Authority
Fire Services
- no objection;
- no objection;
- no objection;
- no objection;
- subject property is located within the
boundary as established for body-rub
parlours within By-law 6649/06;
- By-law 6649/06 provides for three
licences to be issued in the City, and
two licences have been issued to
date (see Attachment #6).
Veridian Connections
Municipal Law Enforcement
Services
2.0 Discussion
2.1 Use and Compatibility
2.1.1 Proposed use conforms to Official Plans
The applicant is proposing to add a body-rub parlour as a permitted use on lands
located at the northwest corner of Bayly Street and Salk Road (see
Attachment #1). The subject property is designated "Employment Area - General
Employment" within the Brock Industrial Neighbourhood in the Pickering Official
Plan. This designation permits the proposed use to be considered. The
applicant's proposal conforms to the Pickering Official Plan and the Region of
Durham Official Plan.
o 8
Report PD 33-06
Date: May 23,2006
Subject: 1678445 Ontario Inc. (A 1/06)
Page 3
2.1.2 Existinq site desiqn can accommodate the use
The subject property is bounded by Bayly Street and Salk Road, and is
surrounded by industrial and commercial uses. Unobstructed views of the site
from public streets are provided, which allows the site to be visually monitored,
addressing safety concerns. The proposed location is within the boundary
defined by Municipal By-law 6649/06 (Body-Rub Parlour By-law) as an area
where a body-rub parlour use may be considered. The operation of a body-rub
parlour will be regulated in accordance with the requirements of the Body-Rub
Parlour By-law.
The bungalow-style building on the subject property was renovated in 1998 for
office use as the Toronto Fire Department Employees Credit Union Ltd., which
was designed to be single-tenanted on a self-contained lot (see Attachment #2).
The subject property is 0.16 hectares in size with wide yards providing significant
buffers from surrounding lands. The applicant proposes to convert the interior
space (approximately 103 square metres in gross floor area) to accommodate a
body-rub parlour with four rooms, a lobby, a washroom, an office and a staff
room (see Attachment #3). No exterior alteration is proposed.
Currently, a total of nine parking spaces are provided on-site. The on-site
parking supply is considered sufficient to accommodate the proposed use. If
required, area is available to accommodate additional parking spaces.
2.1.3 Any exterior chanqes and siqnaQe will be requlated
Site functioning matters, such as exterior lighting, landscaping, parking, and
signs will be controlled through site plan review process. Any signage proposed
on-site will be subject to the requirements of the Municipal Sign By-law and
Body-Rub Parlour By-law.
2.2 Zoning By-law Performance Standards
2.2.1 The proposed by-law will limit the qross leasable floor area
The impact of the proposed use can be regulated through performance
standards contained in the implementing zoning by-law. It is recommended that
the by-law limit the number of body-rub parlours at this site to one, and limit the
gross leasable floor area of the body-rub parlour use to a maximum of
110 square metres. This recommended maximum floor area restriction is similar
to that of the other two approved body-rub parlours in Pickering (110 square
metres and 130 square metres). These limitations will ensure that the proposed
use will not increase the massing of the structure on the subject property.
o n
Report PD 33-06
Date: May 23, 2006
Subject: 1678445 Ontario Inc. (A 1/06)
Page 4
2.2.2 The existinQ by-law will qovern all other zoninq requirements
No further amendments to the current 'M1' zoning are proposed or required. The
current by-law requirements will continue to apply to the property. Committee of
Adjustment Decision PICA 74/96, which provides relief for the reduced front yard
depth and parking stall size, will continue to apply to the subject property.
2.3 Municipal By-law 6649/06 - Body-Rub Parlours
2.3.1 The proposed body-rub parlour complies with the Municipal By-law
On April 3, 2006, City Council passed Municipal By-law 6649/06, 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 operate (see Body-Rub Parlour Location Map,
Attachment #7), subject to a zoning by-law amendment application being
approved. The subject property is located within the defined area in the City.
This by-law also restricts the maximum number of body-rub parlours in the City to
three. Currently, there are two legally licenced body-rub parlours operating in
Pickering (see Attachment #7). A proposed (third) body-rub parlour (Zoning
By-law Amendment Application A 22/05) was refused by City Council on
April 3, 2006, and that decision was subsequently appealed to the Ontario Municipal
Board (OMB). An OMB hearing has not yet been scheduled. The applicant for
this application is aware of the Municipal By-law restriction of three body-rub
parlour licenses.
3.0 Applicant's Comments
The applicant is aware of the content 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 Site Plan
3. Applicant's Submitted Conceptual Floor Plan
4. Text of Information Report No. 04-06
5. Public Information Meeting Minutes
6. Comments from Pickering Municipal Law Enforcement Services
7. Body-Rub Parlour Location Map
010
Report PD 33-06
Date: May 23, 2006
Subject: 1678445 Ontario Inc. (A 1/06)
Page 5
Prepared By:
Approved / Endorsed By:
Joyce
Plann
Neil Carrol . RPP
Director, Planning & Development
JY:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
,. (
APPENDIX I TO
REPORT PD 33-06
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 1/06
OIl
012
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham, in South Part of Lot 19, Concession 1, in the City of Pickering.
(A 01/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit an additional use being a Body-Rub Parlour, on the subject lands, being South
Part of Lot 19, Concession 1, in the 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:
1. TEXT AMENDMENT
Section 16 Storaqe & Liqht Manufacturinq Zone- "M1" of By-law 2511, is hereby
amended by adding the following new Subsection 16.5.2 after Subsection 16.5.1:
16.5.2 - South Part of Lot 19, Concession 1 (1630 - 1634 Bayly Street)
(1) Definitions
(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, licenced or registered so to do
under the laws of the Province of Ontario;
(b) "Body-Rub 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;
- 2 -
013
(2) Provisions for a Body-Rub Parlour
In addition to the provision of Subsection 16.1 hereof, a Body-Rub Parlour
is permitted on lands known as South Part of Lot 19, Concession 1
(1630 - 1634 Bayly Street), in the City of Pickering, provided that the
following requirements are met:
(a) No more"than one body-rub parlour shall be permitted;
(b) The gross leasable floor area of the body-rub parlour shall not exceed
110 square metres;
2. BY-LAW 2511
By-law 2511, as amended, is hereby further amended only to the extent necessary
to give effect to the provisions of this By-law as set out in Section 1 above.
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.
3. 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 51h day of June, 2006.
yor
Debi A. Bentley, City Clerk
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION SOUTH PART OF LOT 19, CONCESSION 1 l'
OWNER 1678445 ONTARIO LTC DATE FEB. 10, 2006 DRAWN BY JB
FILE No. A 01/06 SCALE 1 :5000 CHECKED BY JY
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INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED PLAN
A 01/06 -1678445 ONTARIO LTD.
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN. FEBRUARY 10. 2006.
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INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED
CONCEPTUAL FLOOR PLAN
A 01/06 -1678445 ONTARIO LTD.
ROOM 1
3.3m X 3.3m
ROOM 2
2.7m X 3.3m
ROOM 3
2.7m X 3.3 m,
WASHROOM
BAYLY STREET
STAFF
ROOM
OFFICE
LOBBY
ROOM 4
3.0m X 3.3m
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, MARCH 2. 2006,
/..TTACHMENT # if TO
BEPORT 1/ PO ~ ~ .~ C) t..
017
Ciú/ o~
INFORMATION REPORT NO. 04-06
FOR PUBLIC INFORMATION MEETING OF
March 23, 2006
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 01/06
1678445 Ontario Ltd.
1630 - 1634 Bayly Street
South Part of Lot 19, Concession 1
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is approximately 0.16 hectares in size, located at the
northwest corner of Bayly Street and Salk Road (see Attachment #1 -
Location Map);
- the subject property currently supports an one-storey building (which was
used as the former Fire Credit Union) and has an access from Salk Road to
the rear parking area of the subject property (see Attachment #2 - Site Plan);
- the subject land is surrounded by commercial and industrial uses.
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing zoning on the subject property
to add body rub parlour as a permitted use;
- this use is proposed to occupy the entire building with a total gross floor area
of approximately 103 square metres;
- the applicant has submitted a conceptual floor plan showing four treatment
rooms, a lobby, a washroom, an office and a staff room (see Attachment #3-
Conceptual Floor Plan);
- the applicant proposes no exterior changes to the existing building.
018
Information Report No. 04-06
It_ Lf _TO
}ion t ~IC..33.:~..,"_.__
Page 2
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
- the Durham Regional Official Plan designates this area as "Urban Areas -
Employment Area," where development is intended to be predominately for
employment purposes;
- limited personal service uses are permitted under this designation;
- the applicant's proposal appears to conform with this designation;
3.2 Pickerina Official Plan
the subject property is designated "General Employment" within the
Brock Industrial Neighbourhood;
- this designation allows for "limited personal service uses serving the area";
- Bayly Street is under the jurisdiction of the Region of Durham and is a Type A
Arterial Road, which is the highest order arterial road designed to carry large
volumes of traffic;
- Salk Road is designated as a Local Road, which is to provide access to
individual properties and carry local traffic;
- the applicant's proposal conforms to the applicable Official Plan policies;
3.3 Zonina By-law 2511
- the subject property is currently zoned "M1" - Yard Storage and Light
Manufacturing Zone by Zoning By-law 2511, as amended;
- M 1 zoning allows certain types of commercial and industrial uses, but
currently does not permit a body rub parlour;
- an amendment to the zoning by-law is required to add the proposed use to
the existing zoning;
3.4 Municipal By-law Pertainina to Body Rub Parlour
- on October 16, 2000, City Council passed Municipal By-law No. 5764/00,
which provides requirements for the licensing and regulation of body rub
parlours within the City of Pickering;
- this by-law includes a provision defining the areas (see Attachment #4-
Schedule "B" to By-law 5764/00) where body rub parlours may be considered
to operate, subject to a zoning by-law amendment application to permit the use;
- 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;
- the proposed use falls under the definition of a "Body Rub" and the subject
property falls within the defined area where body rub parlours can be
considered;
Information Report No. 04-06
Lf _~,._.. '"
";..33 -,Q,f!..
Page 3
G19
- Pickering City Council is considering an amendment to By-law No. 5764/00
and a restriction of a maximum number of three body rub parlours is being
proposed through this amendment.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no resident comments have been received to date;
4.2 AQencv Comments
no agency comments have been received to date;
4.3 Staff Comments
- in reviewing the application to date, planning staff has identified the following
matters for further review and consideration:
· evaluate the compatibility of the proposed use within the surrounding uses;
· assess the sufficiency of the current parking supply on-site;
· determine whether or not floor-space limitations for the proposed use
should be included in a zoning by-law;
· confirm the status of the proposed amendment to By-law No. 5764/00
which is currently being considered by City Council;
- this Department will conclude its position on the application after it has
received and assessed comments from the circulated departments, agencies
and the public.
5.0 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 Councilor 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.
l; ~:. 0
Information Report No. 04-06
'-f
3 3··l.Ì~¿~
Page 4
6.0 OTHER INFORMATION
6.1 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;
6.2 Information Received
- copies of the applicant's submitted plan are available for viewing at the offices
of the City of Pickering Planning & Development Department;
6.3 Property Principal
- this application was submitted by Christopher Trzcinski, on behalf of
1678445 Ontario Ltd.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Joyce Yeh
Planner I
Lynda Taylor, MCIP, RPP
Manager, Development Review
JY:ld
Attachments
Copy: Director, Planning & Development
021
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APPENDIX NO. I TO
INFORMATION REPORT NO. 04-06
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received to date
COMMENTING AGENCIES
(1 ) none received to date
COMMENTING CITY DEPARTMENTS
(1 ) none received to date
022
5"
33-()l:,
Excerpts from
Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, March 23, 2006
7:00 pm.
C¿lq 0#
Attendees: Councillor Dickerson - Chair
Councillor McLean - left 7:20 pm to attend Library Meeting
Ross Pym, Principal Planner - Development Review
Joyce Yeh, Planner I
Birgit Wilson - Recording Secretary
Also Attendeing: Samantha Keser, Barrister & Solicitor
2. ZONING BY-LAW AMENDMENT APPLICATION A 01/06
1678445 ONTARIO LIMITED
1630 - 1634 BA YL Y STREET
SOUTH PART OF LOT 19, CONCESSION 1
CITY OF PICKERING
1. Planner Comments
Joyce Yeh, Planner I provided an overview of the property location, applicant's
proposal and City's Official Plan policies pertaining to this site, as outlined in the
Information Report # 04-06.
She explained the definition of "Body Rub Parlour", as it pertains to the City of
Pickering's By-law and Municipal Act as being any establishment that employs any
person who "puts hands on the body" without the designation of "Registered Massage
Therapist" .
2. Applicant Comments
Samantha Keser, Barrister & Solicitor for the applicant, Mr. Christoper Trzinski,
stated that her client is a university educated, married, well respected member of the
community who seeks to establish a business for adults18 years and over.
She further stated that as her client is fully aware of the public concerns for such a
business, he has taken steps to ensure that the outside of the establishment is kept
very conservative, i.e.; no external changes, no external advertising, small external
signage.
Page 1
CORP0228-2/02
5
33 - Û b
02.1
Ms. Keser further voiced her client's concerns with the fact that he only recently found
out that in the City of Pickering only three Body Rub Parlour licences will be issued.
Ms. Keser explained that one of the applicant's statements that her establishment is
for therapeutic purposes and her clients would include men, women and children is
completely false and misleading. She will be appearing before the Executive
Committee Meeting of March 27, 2006 to voice these concerns.
3. Comments from Members of the Public
No comments from members of the public.
4 Comments from the Chair
Councillor Dickerson thanked Ms. Kesler for the comments and stated that as long as
her client is proposing to open a legal business, the City of Pickering will give serious
consideration to the application. He further stated that not every application is
accepted and advised Ross Pym and Joyce Yeh that if the applicant of January 19,
2006 is misrepresenting her business, the application should be re-evaluated.
The meeting adjourned at 7:46 pm.
Page 2
CORP0228-2/02
024
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CORPORATE SERVICES DEPARTMENT
CLERKS DIVISION
MEMORANDUM
May 10, 2006
To:
Joyce Yeh
Planner I
From:
Kim Thompson
Manager, By-law Enforcement Services
Subject:
Application for Rezoning
- Body Rub Parlour, 1630 Bayly Street
- File: B-2400
Further to the application for a rezoning for the purposes of a body-rub parlour for
property municipally known as 1630-1634 Bayly Street, please be advised that the
subject property is located within the boundary· as established for body rub parlours
within By-law 6649/06.
The by-law provides for three licences to be issued within the defined area, and to date,
two licences have been issued. If approved, the applicant would have to apply to the
Clerk's Division for the requisite licence.
Should you require further information, please do not hesitate to advise.
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