HomeMy WebLinkAboutCS 83-05PICKERING
REPORT TO
COUNCIL
Report Number: CS 83-05
Date: November 7, 2005
From:
Debi A. Bentley, CMO, CMM III
City Clerk
Subject:
Request for Expansion of Permitted Area for Body Rub Parlours
Brock Spa, 1600 Alliance Road, Pickering
Addendum to Report CS 56-05 of the City Clerk
Recommendation:
1. That Report CS 56-05 of the City Clerk be received for information;
That Report CS 83-05 of the City Clerk with respect to a request to expand the
permitted area for body rub parlours by the Brock Spa, municipally located at
1600 Alliance Road, Pickering, be received for information;
That the request from Ms. Anna Trojanowska, Brock Spa, 1600 Alliance Road, to
expand the permitted area for body rub parlours to include Alliance Road be
denied and the applicant be so advised.
Executive Summary:
To advise of a request from the owner of the Brock Spa at 1600 Alliance Road to
expand the permitted area for body rub parlours to include Alliance Road and to provide
further details on this matter per direction of City Council on October 17, 2005.
Financial Implications: Not applicable
Background:
This report has been submitted further to the October 17, 2005 meeting of City Council,
wherein staff were requested to investigate the matter further and report back.
Report CS 83-05
Expansion of Permitted Area for Body Rub Parlours
November 1,2005
Page 2
A request had been received from Ms. Anna Trojanowska, owner of the Brock Spa
located at 1600 Alliance Road, Pickering, to expand the permitted area for body rub
parlours to include Alliance Road. Initially the report with respect to this matter was
prepared for the July 25, 2005 meeting of the Executive Committee, however, Ms.
Trojanowska had recently retained legal counsel and Mr. Gerry, Solicitor, requested
deferral of this matter to the September 12, 2005 meeting due to a scheduled vacation.
Due to the number of items scheduled for discussion on the September 12, 2005
Executive Committee agenda, and in consultation with Mr. Gerry, this matter was
placed on the September 26, 2005 meeting of the Executive Committee. At the
September 26, 2005 Executive Committee meeting, Mr. Gerry appeared on behalf of
his client requesting that the by-law be amended to incorporate Alliance Road. In
response to questions from the Committee, Mr. Gerry advised that his client was not
aware of the initial by-law coming before Council five years ago.
In support of his deputation, Mr. Gerry provided a written submission in support of the
request of his client, requesting specific consideration of the following:
7.
8.
9.
the establishment has been licensed and operating at its present location for
a period exceeding five years;
there have been no charges relating to the operation of the business;
the premises are zoned industrial and directly abut the area already
designated for the licensing of body rub parlours;
the premises abut a hydro corridor;
there are no schools, daycare centers, recreational centers, parks or places
of worship within 120 metres of the premises;
the owner of the unit supports this application;
seven other unit holders support this application;
the business employs six people; and
the proprietor and employees of the business rely on the income earned at
the establishment to support themselves and their families.
Mr. Gerry further advised that he felt that the business would effectively be a ratification
of the status quo and if his client was not granted permission to continue to operate, his
client would face the unfortunate circumstance of closing a viable business and losing
her investment.
It should be noted that at the September 26, 2005 meeting of the Executive Committee,
this matter was referred directly to Council for disposition. The matter was further
deferred to the October 17, 2005 meeting of Council at the request of Mr. Gerry, due to
personal reasons. At the October 17, 2005 meeting of Council, this matter was referred
back to staff for further clarification in relation to number of body rub parlours currently
licensed; number of licenses to lose grandfather status as of December 31, 2005;
number of businesses that will lose grandfather status and are applying for rezoning;
comments from the Police in relation to the grandfather status of the existing
establishments; and the process for licensing body rub parlour attendants.
Report CS 83-05
Expansion of Permitted Area for Body Rub Parlours
November 1, 2005
Page 3
093
In response to the request of Council on October 17, 2005, the following comments are
provided. The City of Pickering passed By-law 5764/00 on October 16, 2000,
regulating body rub parlours in the municipality. The by-law required all Body Rub
Parlours and their staff to be licensed, established minimum standards for the operation
and staffing of Body Rub Parlours operating in the City of Pickering, as well as setting
out an area where they would be permitted to locate.
This by-law was passed at the request of the Durham Regional Police who reported a
number of the Body Rub Parlours were already in operation in the City of Pickering
under the pretext of aromatherapy spas, relaxation studios etc. Prior to the passage of
By-law 5764/00, Body Rub Parlours were prohibited under our Zoning By-law.
However, as the City was unaware there were any Body Rub Parlours in existence, no
action was taken for zoning contraventions at that time. There was no requirement
under the existing Municipal Act of the time to hold a public meeting and or notify any
businesses in the City that the Clerks Division felt were operating as body rub parlours.
Upon passage of the Body Rub Parlour by-law, the City of Pickering decided to offer
existing businesses considered to be Body Rub Parlours a 'grandfathered status', which
would permit them to obtain a license outside the permitted area provided all other
licensing requirements were met. This grandfathered status would not be extended
should the business be sold or transferred to a new owner. As Council is aware, this
special status will come to an end after a period of five years, as of December 31, 2005.
This is in accordance with the regulatory by-law provisions of the new Municipal Act.
After this date, all Body Rub Parlours in the City of Pickering will be required to be
located within the designated area and granted zoning approval, to obtain a license.
All Body Rub Parlour owners have been aware of this policy since receiving their first
license, as it was outlined in the original letters sent to confirm their license in 2001.
With respect to this applicant, on January 31, 2001 Municipal Law Enforcement staff
sent out a letter with respect to the passage of By-law 5764/00 and outlined the specific
regulations by which the applicants business could operate. On February 19, 2001, the
City Clerk verbally granted the applicant legal non-conforming status at this location.
On May 17, 2001, a license was issued to the applicant, along with an accompanying
letter. Within the letter it noted the following:
"the City of Pickering granted this license despite the fact that your business is
not located within the permitted area for Body Rub Parlours and does not comply
with the City's zoning by-laws. Even prior to the passage of the Body Rub
Parlour By-law 5764/00 in October 2000, the City's Zoning By-laws prohibited
Body Rub Parlours ..... This special status will come to an end after a period of
five years, as of December 31, 2005. After this date, all Body Rub Parlours in
the City of Pickering will be required to be located within the designated area and
to apply for the necessary 'site specific' zoning approval to obtain a license."
In a letter dated February 19, 2001, the applicant acknowledged By-law 5764/00 and
stated "we agree to fulfill the regulations and all sub-sections of the new by-law over
Report CS 83-05
Expansion of Permitted Area for Body Rub Parlours
November 1,2005
Page 4
and above the minimum requirements as set out by the municipality and to respect the
needs of such requirements."
On November 30, 2004, all Body Rub Parlours currently licensed were sent a letter
from Municipal Law Enforcement staff with respect to their renewal license for 2005 and
it specifically noted the following:
'You are reminded that your grandfathered status, permitting you to continue to
operate a Body Rub Parlour outside the specified area and without proper zoning
approval will come to an end on December 31, 2005. After this date, all Body
Rub Parlours in the City of Pickering must be located within the area outlined in
the City's Body Rub Parlour By-law 5764/00, and be zoned to permit the
operation of a Body Rub Parlour at that location.
Municipal Law Enforcement staff also sent letters to Body Rub Parlour landlords in
February of this year, advising that any lease with a Body Rub Parlour tenant should
not be extended past December 31, 2005. Municipal Law Enforcement staff have
confirmed that the landlord for the applicant is aware of the special grandfathered
status and that the business will not be allowed to operate after December 31,2005.
With respect to existing licenses, the City of Pickering currently has five licensed Body
Rub Parlours. These included;
Licensee Location Status
Pickering Spa
1162 Kingston Road
(Licks Plaza)
Re-zoning not possible
Not in area permitted
Brock Spa
1600 Alliance Road
Unit 12
Applied for extension of
permitted area
Aristocrat Health Spa
1895 Clements Road
Unit 161
Applied for Rezoning
Application A20/05 Pending
Bayly Health Spa
1480 Bayly Street Re-zoning not possible
Unit 9 Not in area permitted
(near Art Thompson Arena)
Pickering's Angels
905 Dillingham Road
Unit 3
Receiving zoning approval
Will be licensed for 2006
Of the five currently licensed Body Rub Parlours, only two are located in the permitted
area, and therefore entitled to apply for rezoning. One has receiving zoning approval,
the other application is still pending. Of the remaining three, two cannot apply for
rezoning as they are outside the permitted area. The third establishment, being the
application before Council, is requesting the area be expanded as it is on the border of
Report CS 83~05
Expansion of Permitted Area for Body Rub Parlours
November 1,2005
Page 5
the permitted area. It is the intention of the Clerks Division to prosecute any unlicensed
Body Rub Parlours operating after January 1, 2006.
It should be noted that in 2001, the City of Pickering had eleven Body Rub Parlours in
operation. Through various enforcement efforts, by both Durham Regional Police and
Municipal Law Enforcement staff, only five licensed Body Rub Parlours remain today.
These have all been in operation since 2001, by the same owners, as no change in
ownership was permitted under the grandfathered status. The Police do not provide
formal written comments with respect to body rub parlour rezoning applications and or
licensing applications at the present time.
With respect to Body Rub Parlour attendants, it should be noted that the City licensed
83 attendants in 2005. Body Rub attendants must submit a current medical certificate,
extract of criminal record and two passport photos, along with their $100.00 license fee.
Anyone providing massage services, who is not a provincially licensed Massage
Therapist, requires a Body Rub Attendant license.
Summary
In summary, it is still the position of the Corporate Services Department that this
application should be denied. The applicant has been provided sufficient time to
relocate and has been well aware of her grandfathered status for over four years. At
this time, there is no compelling reason to amend our by-law to accommodate the
request of Ms. Trojanowska.
In the event that Council wished to grant permission for the applicant to remain at this
location, the following would be required:
The applicant would have to apply to the City of Pickering for a rezoning of the
subject property in accordance with the requirements of the Planning Act, and in
turn, statutory notice requirements would be followed.
In accordance with the Municipal Act, the City is required to hold at least one
public meeting at which any person who attends has an opportunity to make
representation with respect to the matter at hand and ensure that notice of the
public meeting is given.
Provisions under the new Municipal Act with respect to regulatory by-laws have them
deemed to expire on December 31, 2005 (five year term of by-law) and therefore, a
new by-law will be required to be in effect January 1, 2006. The Clerks Division is in the
process of completing an extensive review of existing regulatory by-laws that are
scheduled to expire on December 31, 2005. Based on the fact that the Body Rub
Parlour By-law 5764/00 is a regulatory by-law, it will expire on December 31, 2005
under the Municipal Act and a new by-law will be required to be in place by January 1,
2006. Body Rub Parlours, under the definitions within the Municipal Act, are
Report CS 83-05
Expansion of Permitted Area for Body Rub Parlours
November 1,2005
Page 6
considered an Adult Entertainment establishment. It is anticipated that the Clerks
Division will be holding a public meeting on a number of regulatory by-laws due to
expire on December 31, 2005 at the November 28, 2005 Executive Committee
meeting, for presentation at the December 5 and/or December 19 meeting of City
Council.
Attachments:
1. Report CS 56-05 of the City Clerk dated September 1, 2005.
Prepared By:
Approved / Endorsed By:
Debi A. Bentley
City Clerk
//~ illis~. Pate"rs~n ~' ;~
' D rector, Corporate Services & Treasurer
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
j:A-2130 Repods to Council:05 Reports:CS 56 Expansion of Permitted Area for Body Rub Parlours
PICKERING
EXECUTIVE COMMITTEE
Report Number: CS 56-05
Date: September 1, 2005
Fro m:
Debi A. Bentley, CMO, CMM III
City Clerk
Subject:
Request for Expansion of Permitted Area for Body Rub Parlours
Brock Spa, 1600 Alliance Road, Pickering
Recommendation:
That Report CS 56-05 of the City Clerk with respect to a request to expand the
permitted area for body rub parlours by the Brock Spa, municipally located at
1600 Alliance Road, Pickering, be received; and
That the request from Ms. Anna Trojanowska, Brock Spa, 1600 Alliance Road, to
expand the permitted area for body rub parlours to include Alliance Road be
denied and the applicant be so advised.
Executive Summary:
To advise of a request from the owner of the Brock Spa at 1600 Alliance Road to
expand the permitted area for body rub parlours to include Alliance Road.
Financial Implications: Not applicable
Background:
A request has been received from Ms. Anna Trojanowska, owner of the Brock Spa
located at 1600 Alliance Road, Pickering, to expand the permitted area for body rub
parlours to include Alliance Road. A copy of the request has been included as
Attachment 1 to this report.
On October 16, 2000, Council passed By-law 5764/00, being a by-law to licence and
regulate body-rub parlours in the City of Pickering. The by-law restricted the location of
these establishments to the Brock Industrial Area. Body rub parlours that were
operating in compliance with the zoning by-laws at the time By-law 5764/00 was
Report CS 56-05
Expansion of Permitted Area for Body Rub Parlours
September 1, 2005
Page 2
enacted were grandfathered for five years so that they could continue to operate their
establishment until December 31, 2005, at which time they would have to relocate their
establishment to the permitted area.
Extensive review of the licencing of body-rub parlours was undertaken in 2000 with the
Police, Health and By-law Enforcement officials and therefore, from our perspective
there is no compelling reason to amend our by-law at this time. Further, this location is
in contravention of By-law 5764/00 and has been provided appropriate time to relocate
the business into the permitted area.
Attach ments:
Letter from Anna Trojanowska, owner of Brock Spa, 1600 Alliance Road
Letter from Noel D. Gerry, Barrister & Solicitor on behalf of Ms. Anna
Trojanowska
Map showing the current permitted area for body rub parlours
Map showing the expansion to the permitted area for body rub parlours if
Trojanowska's request is approved
Prepared By:
Debi A. Bentley
City Clerk
Approved / Endorsed By:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering ~./~ Council
TI;~r~ g. QuinnChief~dmin~'~e OffiCer
j:A-2130 Reports to Councih05 Reports:CS 56 Expansion of p~ub Parlours
IATI'ACHMENT#
Brock Spa
1600 Alliance Rd.
Pickering, Ontario, LIW 31~2
905-831-0526
O99
March 21, 2005
Dear Mr. Bruce Taylor and Hrs. Kimberly Thompson,
My Grandfathered status is about to expire. This letter serves to request that
the permitted area where body rub parlours may operate as set out in
Schedule 'B' of BY-LAW 5764/00 be expanded. !twould be my intention to
apply for an amendment to the current BY-LAW given your permission in this
matter. The reasons for my request are listed below.
Firstly, my proximity to the current line, the west most line in the permitted
area runs through a hydro corridor which ends at my parking lot meaning
that the actual line can be no more than 120 ft. from my premises. !also
feel that ! have been in full cooperation with the city since [ established my
business there over 4 years ago and have always been respectful of its
policies and practices. ! think it should also be mentioned that! feel that!
have the full backing of my landlord, neighbours and peers in this request
and am willing to attain documentation to support my feeling. There are also
the issues of employees and suppliers who depend on my business to
support them and given the costs of moving ! may be forced to close if the
area cannot be expanded.
Another question would be the possibility of extending the grandfathered
status, if this would be acceptable it would at least provide for further
exploration of my options and the possibility of relocation which is
improbable at this time but may be available to me in the future.
! would like to open channels of discussion for any concerns or questions that
you may have, my cellular phone number is 416-910-4266. Please feel free
to call me on this matter at your convenience.
Anna Tro. J,N'~owska ----,--,-
O nnoP'/ rock Spa
NOEL D. GERRY
BARRISTER & SOLICITOR
By Fax (905) 420-9685 and
By Courier
August 23, 2005
ATTACHMENT #_~_.~ TO REPOR~ #.___ ~' 5 b-Pe~' a~'~,J
AUG 2 5 2005
CLERK'S DiViSiON
AUG 2 5 1005
CITY OF PICKERING
PICKERING, ONTARIO
50 Richmond Street East
Suite #100
Toronto, Ontario
MSC 1 N7
Telephone: 416-972-1161
Fax: 416-362-9954
Corporation of the City of Pickering
One The Esplanade
Pickering, Ontario
L1V 6K7
Attention: Ms. Debi Bentley, City Clerk
Dear Ms. Bentley:
Re:
By-law Amendment Application
Brock Spa - 1600 Alliance Road, Pickering, Ontario
fif2Ot,;
HUMAN
I have been formally retained by Ms. Anna Trojanowska to act on her behalf in respect of her
application for an amendment to By-law 574/2000 to expand the permitted area for the licensing
of Body-rub Parlours to include the lands and premises municipally known as1600 Alliance
Road, Picketing, Ontario. I would be gratefld if you could put this correspondence befbre the
Executive Committee of Council for their consideration prior to the meeting of September 12,
2005.
CLERK'S DIV!S,!,ON
FILE NO.:i
FORWARD COPY TO:
v~ II'IFO. SYSTEMS
LEGAL SERVICES
LIBRARY
MUN. PROP & ENG.
)PERATIONS
PLANNING & DEV
PROJ. & POL.
SUPPLY & SERV.
Ms. Trojanowska operates Brock Spa-- a licensed Body-rub Parlour at 1600 Alliance Road in the
City of Picketing. The establishment existed prior to the passage of By-law 574/2000. It is
located just outside the western boundary of the area established by By-law 574/2000 as the
permitted area for the licensing of body-rub parlours. The establishment lies approximately 120
feet fi'om thc western boundary line which runs through a hydro corridor.
Notwithstanding that the fact that the establishment is located .just outside the boundary
established in By-law 574/2000, the City granted it "grandfathered" status and licensed the
activities therein for a period of five years. This grandfathered status is set to expire on
December 31, 2005.
lOl
My client is respectfully requesting that you amend By-law 574/2000 so that the grandfathered
status it currently enjoys becomes permanent.
In support o£ the request, my client requests that you kindly consider the following:
The establishment has been licensed and operating at its present location for a period
exceeding five years;
There have been no charges relating to the operation of the business;
The premises are zoned industrial and directly abutt the area already designated for the
licensing of body-rub parlours;
4. The premises abutts a hydro corridor;
There are no schools, daycare centres, recreational centres, parks or places of worship
within 120 metres of the premises;
6. The owner of the nnit supports this application. Please See attached letter;
7. Seven other unit holders support this application. Please see attached Acknowledgments;
8. The business employs six persons;
The proprietor and employees of the business rely on the income earned at the
establishment to support themselves and their families.
As the business has been operating and licensed fbr approximately five years, the proposed by-
law amendment would effectively be a ratification of the status quo. If the by-law amendment is
not granted, my client would face the unfortuna:te circumstance of closing a viable business and
losing her investment therein.
We understand that there is an element of discretion in your consideration of this request and
graciously request that such discretion be exercised iix favour of the applicant. In return, my
client promises to continue abiding by By-law 574/2000 and all other relevant rules and
regulations and to continue providing quality service and employment in the City of Picketing.
We thank you for taking the time to consider these comments.
Yours very truly
Noel D. Gerry
C.~
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Picketing, Ontario
We, Walker Howes One Limited, are the owner of storage Unit #13_at 1600 Alliance
Road, Pickering, Ontario, L1W 3V2. We hereby acknowledge that we are content
that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises.
Dated at Pickering this 2nd day of May, 2005.
~gnature
Name
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Pickering, Ontario
1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises.
Dated at [/J"0 jD~L~, '{.J~ this__ day of ,2005.
,,' t/ ,: ",}-: ~
~/Sigo'ature of Tenant
Name (printed) of Tenant
105
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Pickering, Ontario
I, P-,.~.~ I P '-~-'~ , am the tenant of storage Unit # l~, at
1600 Alliance Road, Picketing, Ontario, L1W $V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Picketing, Ontario, L1W 3V2, continue to operate on these premises.
Dated at t"~t"~i this ~ day of
,2005.
Signature of Tenant
Name (printed) of Tenant
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Pickering, Ontario
I, ~(',,v/ ,,ff',~.//2.,q"-'""- ,am the tenant of storage Unit# //" at
1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises.
Datedat ,,</i~'7/& ~, this--~ dayof ,,,~fl~?t'c ,2005.
/'S ignatut'~e o~ ;~en~'t
Name (printed) of Tenant
107
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Pickering, Ontario
I, %'~3cx ~QE. ~Qt4 I{P,~ ., am the tenant of storage Unit # ~' at
1600 Alliance Road, Pickering, Ontario, LlW 3V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, LlW 3V2, continue to operate on these premises.
this "~ ~' day of /~1 'U{ '{
,2005.
Si~re bf~enant
Name (printed) of Tenant
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Picketing, Ontario
I, ¢~ ~ ~' "~'-[ { D"7"-(..- ~-- ..... am the owner of storage Unit # ""~ at
1600 Alliance Road, Pickering, Ontario, LlW 3V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, LlW 3V2, continue to operate on these premises.
Dated at ~) ( ~ ~"~--'~ ilo: 6x- . this ~- ~ day of '~ ~)~P---t L-- ,2005.
Signature of Owner
Name (printed) of Owner
ACKNOWLEDGEMENT
RE: BROCK SPA
Unit #12, 1600 Alliance Road, Picketing, Ontario
I, , am the owner of storage Unit~,#,/z¢ at
1600 Alliance Road, Picketing, Ontario, L1W 3V2. I hereby acknowledge that I am
content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600
Alliance Road, Pickering, Ontario, L 1W 3V2, continue to operate on these premises.
/¢
Dated at ~,4.:'/d/g this ,Z ~" day of ., 2005.
Signature of Owner
Name (printed) of Owner
ATTACHMENT
SCHEDULE 'B'
TO BY-LAW 5764/00
DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE
LA~E ONTARIO
~TTACHMENT #.,. ¥ _ TO REPORT #c~ ~t'- ~' ~-
)SED EXPANS/
AO~ r~
I
I
I
/
ALLIANCE
,~UBJE~C~
1600 LIANCE
iUNIT 12
PLUMMER
E3AYLY STREET
STREET
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
0
BAYLY STREET
City of Pickering Planning & Development Department
.PERTY DESCRIPTION DCC 89 UNIT if 12 ~
/,
OWNER R. SIERECHON DATE JUNE 21, 2005 DRAWN BY JB
FILE No. BY-LAW AMENDMENT SCALE 1:5000 CHECKED BY BT