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HomeMy WebLinkAboutPD 22-06 Cift¡ 0# REPORT TO EXECUTIVE COMMITTEE Report Number: PO 22-06 Date: March 27,2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 22/05 1430658 Ontario Inc. 1050 Brock Road, Unit 25 South Part of Lot 19, Concession 1 City of Pickering .---...------..- ---- -- ---.---..-..-.-....---., ....---.-,.-.."-----.,.... . Recommendation: 1. That Zoning By-law Amendment Application A 22/05 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 22/05, as set out in Appendix I to Report PO 22-06, 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 Brock Road and Plummer Street (see Location Map, Attachment #1). No exterior alteration to the existing 25-unit multi-tenant commercial/industrial building is proposed to accommodate the requested use (see Applicant's Submitted Site Plan, Attachment #2). The property is located within the boundary of lands defined by Municipal By-law 5764/00 as an area where a body-rub parlour may operate, subject to obtaining zoning approval. The applicant has operated a body-rub parlour from 1163 Kingston Road over the past few years and wishes to relocate to Unit #25 on the subject property. The property owner has provided their consent to this application (see Attachment #3). The proposed use conforms to the Pickering Official Plan. 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 PO 22-06 Subject: 1430658 Ontario Inc. (A 22/05) Date: March 27, 2006 Page 2 Background: 1.0 Comments Received 1.1 At the January 19, 2006 Information Meeting (see text of Information Report, Attachment #5 and Meeting Minutes Attachment #6) - the applicant gave a brief overview of the nature of the proposed business; - no other comments were received; Written Comments Received Before and After the Information Meeting the City received a petition (on January 16, 2006) signed by twelve tenants in ----the-buildingi1050-Brock- Road )-and-ten--other-businesseson-adjacent properties expressing concern regarding safety, decrease of property value, and negative impact on business (see Business Tenants' Petition, Attachment #7); an objection letter dated January 16, 2006 was received from Denise Campbell, the owner of Planet Gymnastics at 1755 Plummer Street (see Attachment #8); a second objection letter, dated March 1, 2006, was received from the business tenants in the building at 1050 Brock Road (see Attachment #9); 1.2 ..... --...--.--,.,.-------,. 1.3 Agencies and City Departments Region of Durham Planning Conservation Authority Fire Services Development Control Veridian Connections Municipal Law Enforcement Services Municipal Property & Engineering Durham Regional Police Services . ----~.,-------------_.- - no objection; - no objection; - no objection; - no objection; - no objection; - no objection; no recent complaints against the applicant's previous operation at 1163 Kingston Road (see Attachment #10); - no objection (see Attachment #11); - expressed objection to the application due to proximity of the proposed business to other commercial venues; - stated that "the proposed amendment is contrary to the public interest and adverse to the needs and wishes of the residents of the municipality" (see Attachment #12). Report PO 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 3 2.0 Discussion 2.1 Use and Compatibility 2.1 .1 Proposed use conforms to the Pickerinq Official Plan The applicant is proposing to add a body-rub parlour as a permitted use to allow for their proposed business activities including massage therapy, aromatherapy, shiatsu, and reflexology (see Applicant's Submitted Conceptual Floor Plan, Attachment #13). The subject property is designated "Employment Area -Mixed Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered. This proposal conforms to the Pickering Official -Plan and the-Reg ion-of Durham OfficiaIPlan.-- 2.1.2 Some concerns voiced by business tenants can be addressed Business tenants on the subject property and on adjacent properties have expressed concern regarding safety, decrease of property value, and negative impact on their business. There are wall-mounted lights on the commercial/industrial building which provide sufficient lighting throughout the site. Although proposed Unit #25 is located at the furthest end of the building, there are unobstructed, fully accessible view corridors for police and people traveling along Brock Road and Plummer Street. Should safety issues or illegal activities occur on-site due to the proposed use, the situation may be addressed through by-law enforcement and policing. 2.1.3 Unit sitinq and provision of ample parking should minimize any use impacts The on-site parking supply and site functioning is sufficient to accommodate the proposed use. A total of 123 parking spaces are provided on the lot in compliance with the by-law requirement. The applicant proposes to use a maximum of five spaces for the parking of vehicles for two staff and visitors. A site visit indicated that parking stalls against the west property line were used less frequently than stalls fronting onto Brock Road or Plummer Street. Since the proposed use is not of an intensity that would require significant parking spaces, and as Unit #25 is located at the west limit of the site where parking is less utilized, the existing on-site parking supply is considered sufficient to accommodate the proposed use. City traffic staff does not anticipate any adverse impact on the local traffic (see Attachment #11). The applicant proposes to relocate their business from a location outside of the area allowed by Municipal By-law 5764/00 (Body-Rub Parlour By-law) to a location within the defined area where a body-rub parlour may be considered. The proposed new location is less visible from public streets than the previous store location on Kingston Road. Durham Regional Police Services has provided comment on body-rub parlours in general, and has not identified any site-specific concerns respecting site function or public safety (see Attachment #12). Report PO 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 4 Unit #25 is located at the rear of the subject property providing a level of separation between the proposed use and the majority of commercial uses on the property fronting Brock Road and Plummer Street. 2.2 Zoning By-law Performance Standards 2.2.1 The proposed by-law will limit the qross leasable floor area 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 150 square metres. These limitations will ensure that the proposed use does not occupy a significant amount of floor space within the building, thus ~ ....~_.__º~colT1i!J9il~~r!r."T!ªtl'__LJ_se:_ELJrther,JQ~_J!r:.nJté3_ti(~E1S\NJ!LQ~!p maintain a mix of uses on-site. 2.2.2 The proposed by-law will restrict the location of the unit to the rear The current by-law requires certain permitted uses, such as bakeries, clubs, dry cleaning depots, merchandise service shops, places of assembly, and restaurants to be located in units that front either Plummer Street or Brock Road (see By-law 2760/88, Attachment #14). The intent of the by-law is to allow a broader commercial usage of units fronting public streets. Although a body-rub parlour use is considered a compatible commercial use, it is recommended that the by-law restrict the location of the use to units not fronting onto Plummer Street or Brock Road to avoid potential conflicts in the by-law and to avoid conflict of parking supply (see Draft By-law, Appendix I). 2.2.3 The existinq by-law will qovern all other zoninq requirements No further amendments to the current 'MC-T zoning are proposed or required. The current by-law requirements will continue to apply to the property. 2.3 Municipal By-law 5764/00 - Body-Rub Parlours 2.3.1 The proposed body-rub parlour complies with the Municipal By-law 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 (see Attachment #15) in which body-rub parlours may operate, subject to a zoning by-law amendment application being approved by the City. The subject property is located within the defined area in the City. Report PO 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 5 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 licence even though zoning was not approved. The applicant's body-rub parlour at 1163 Kingston Road held such grandfather status. This special status expired on December 31 , 2005. Consequently the applicant is requesting rezoning of the subject property to permit relocation of their business. Pickering City Council is presently considering an amendment to the Body-Rub Parlour By-law, including restricting the maximum number of body-rub parlours in the City to three. Currently, there are two legal body-rub parlours operating within the defined area in Pickering, and this rezoning application represents a third (see Body-Rub Parlour Location Map, Attachment #4). The City's Municipal ... -. u_~---·-taw-EnforGementSeTvi{;eshas indicated-that-basedon-theirrecentrecords;--they- have no difficulty in approving a licence should this business relocate. ......._.._.... ..____ ._.M" 3.0 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 Site Plan 3. Authorization from J. M. P. M. Holdings Ltd. c/o Golfour Investment 4. Body-Rub Parlour Location Map 5. Information Report 6. Public Information Meeting Minutes 7. Business Tenants' Petition, received on January 16, 2006 8. Public Comments - Denise Campbell 9. Business Tenants' Petition, dated March 1,2006 10. Comments from Pickering Municipal Law Enforcement Services 11. Comments from Pickering Municipal Property & Engineering Department 12. Comments from Durham Regional Police Services 13. Applicant's Submitted Conceptual Floor Plan 14. Zoning By-law 2760/88 15. Municipal Body-Rub Parlour By-law - 5764/00 Schedule B Report PO 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 6 Prepared By: Approved / Endorsed By: Neil Carrol, Director, Plan . . ... _ _~_._~,___ _·___'....._m__~.______.______. 'U JY:jf Attachments Copy: Chief Administrative Officer Recommended for the Pickering CityJ:ouncil / .' ./"--/ ./ ~..--·····'··'-·-7-~- ,// .. /~L-. '- Th a J. Quinn, ief consideration of ¡I " ~ - ._""_._--.._----_.~-~~------ DRAFT BY-LAW APPENDIX I TO REPORT PD 22-06 ZONING BY-LAW AMENDMENT APPLICATION A 22/05 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 2760/88, 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 22/05) 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 __ ...___~__.---EaJ:t..oJ_LQL19 ,....cºRC~ssio(ll,j!1Jb.E3J~tly-ºfP ickerlng .____ ________________ AND WHEREAS an amendment to By-law 2511, as amended by By-law 2760/88, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT 1. Section 4 DEFINITIONS of By-law 2760/88, is hereby amended by adding the following new Subsections (2) and (3) after Subsection (1), and renumbering after Subsection (3): (2) "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; (3) "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. Section 5 PROVISIONS, Subsection (1) Uses Permitted of By-law 2760/88, is hereby amended by adding the following new Clause (b) after Clause (a) and re-alphabetizing after Clause (b): (b) body-rub parlour; - 2 - 3. Section 5 PROVISIONS, Subsection (2) Zone Requirements, Clause (e) SPECIAL REGULATIONS of By-law 2760/88, is hereby amended by adding the following new Subclauses (viii) and (ix) after Subclause (vii): (viii) No more than one body-rub parlour shall be permitted and the aggregate gross leasable floor area of the body-rub parlour shall not exceed 150 square metres; (ix) A body-rub parlour shall be restricted to those units that do not front either Plummer Street or Brock Road; 2. BY-LAW 2511 _..~_--._-----~.,.,_._------. By-law 2511, as amended by By-law 2760/88 is hereby further amended only to the _~____f:~~!eQLo_ec~?sary- to give effect to the provisions of this By-law as set out in Section 1 above. DefinitionsandsubjeCf-matlern-6tspeciflcaïfy-deaTfwith-in th is-By~ïawshan ~~. 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 27th day of March, 2006. ....... David Ryan Mayor<ic ;:\ , ¡::,-:' rL,:';~, ~~ ",""1 ",.v' 'H ,..A'O::>:':\ ::i.')\ ~,:}ø .;)\;)i:.,;';,;t ::'}..'j Debi A. Bentley, City Clerk ATTACHMENT #~j TO REPOR'r # PO a cJ ' D ~-, ...,.-....--......'''"' 0::: o o 0::: 0::: o U 40'\ r\\G0'J'J(>..'< SUBJECT PROPERTY PLUMMER STREET o 0::: o >- I ~ -' <i (/) BAYLY STREET o ê3 a::: W :J Z W ~ QUARTZ S ~ u o a::: (JJ >- o t- BAYLY STREET City of Pickering Planning & Development Department PROPERTY DESCRIPTION SOUTH PART OF LOT 19, CONCESSION 1 OWNER JMPM HOLDINGS LTD. DATE NOV. 3, 2005 DRAWN BY JB FILE No, A 22/05 SCALE 1 :5000 o 0 Durc..: Toronet Enterprise. Inc. and ita supplier.. All riohta Roseryed. Not 0 pion of .UNO)'. 2005 MPAC and ita s\,Ippliers. All ri ht. Reserved. Not 0 plan of Survl!! . l' CHECKED BY JV PN-4 ATTACHMENT # _ :¿ - TO REPORT # PO .;2 ,:;1 - [) (.., _.,,___. INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 22/05 - J.M.P.M. HOLDINGS LTD. SUBJECT UNIT #25 I ELECTRICAL ROOM . rf."·! ". ., . +.-------....--- ... .1 .-'t~'\: l4..: tjI~ ~.~.~. ~ :== ~ >~~' ",' ~._~-'~ '~. '0;': '.' .-, PLUMMER STREET c ~ o 0::: ::.,::: U o 0::: aJ $ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, NOVEMBER 2. 2005. '):Ø'd ll::llOl 11' 3 I. ..,_..._".."""~_............-. 1;C>Ui\ì .,¡ Pi.: .. ~,~_:.~:,>.~-? '----~ . EGOLFOUR J' I I' r' I '> ¡. I I' ' I G68 Oonl$l)l'I $1Me1. SuIre On8, Mllrkh.m. OntarIO LS" 1 IIIJ "I1!t1 (906' "711-5083 (41" 4!Ja.5052 . F8X (80:1) 4'1t1·2;$4 Octob~r S, 2005 Via facsimile 416-499·2389 Ms. Ying Wang 1430658 Ontario Inc. ala Pickering Spa clo Mertins Architects . To whom it may cancero, ReI 1050 Brock Ro.d. Unit 25, Pickering. Ontario (the Premises) nis letter will seNe as the owners conlent for the 1430658 Ontario Inc.; ola Piokerlng Spa to apply for an amendm.ent to the zoning by-law tQ add "Body R1,Jb" to the list of permitted uses Should you have any questions. please do not hesitate to call our offices. .----.... Yours truly, Golfour Property Services Inc. ' _/ ~Ø/1Ø'd v9èè 6¿v SØ6 8~:80 £00c-90-~~O 1:71 . I I L--J 11.._.-- ,. ,·;"",'IIIIIIIIIIIIIIIIIIIIIï_,__., ~ \t II~ I ~~ "~,,'ll"~ --;:;;: ~ ~ ~ Ir-IÞ J~~~"""""" ~ J1.-i I ~~~, ;"",~V ~~""""'-- ~ ~ ~,,"I ~ ~ '\ . ~~I - ? I 1/1 ~ =c-=:-, - IV'V' L.-- 01(P~~- ¡ - ~ .J.Æ 8~ 5 o,ta,,¡ Llli~ 1 i I -, IlL J bDokedi = ~ .4 ?~vmI I II ~ ~ ~ wm OJ ~ PR r f-- ~ ii ,.. 'f - I 1m ........~ ~ II II \ -L æ - T æ P RI~ G A ¡;;¡I~ i fY. fA ÄPÎJ rær L-! ¥i -~ -- I r-P1CK=G ANGELS S Expansion Propos ~d - - - I æ - - i I I _ f--- - :or- l~___ 1-11==\ I \ ~ HS ~~. t r -t.r: 1\ 7 IJ¡: !'cr ./ ) ATTACHMENT' 'I TO n..:::PN~i # PO ';¡;2 - ~~._...-,---.. r",l.o; v." -..--- I r-- (I=> \¡ \n ~,.._--_. -,-'.......~ \LJJ ~ -1\ "'"" .." ...ø I\: " "' - I i- ~ ~ I-- - - . æ - - - - æ -;, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -d~ ,//1 ¡. ~ .'\.JlC STodD.4 ;- I ~I "... X';þ/tEfi I 5 /~ j II 1"\ L 1, (. DEFINEdiAREA WHEF~RUB I PARLODmS MAYBE C E D i TO OPE I ATE PENDING A NI AME DMENT APPLlCA N " ________________Ll_______ ----------------:n:------- r-crr I Ii §~ " CE II ~ I I II Planning & Development Department ........ DO DO ! '-- i---- I--- I -<' i - - I City of Pickering PROPERTY DESCRIPTION VARIES OWNER N/A FILE No. A 01/06 DATE: MAR. 7, 2006 DRAWN BY JB "^ ¡~ SCALE: N.T.S CHECKED BY JV Q ø 50urc..: ~'ò6;.~p~¿e~n'"~.~i. 1~~p::;,~..a~".~r:~~~,.·RD~~,:~gd~t·N~e~e~~od~ ~:,ts~,.~I:.n of survey. PN-4 ATTACHMENT I 5 TO REPOR1 # PD ;;l..:J, - â (.~ INFORMATION REPORT NO. 24-05 FOR PUBLIC INFORMATION MEETING OF January 19, 2006 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 - - ._,_.____'o···_ . SUBJECT: Zoning By-law Amendment Application A 22/05 1430658 Ontario Inc. 1050 Brock Road, Unit 25 South Part of Lot 19, Concession 1 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION _ the subject property is approximately 1.2 hectares in size, and located at the northwest corner of Brock Road and Plummer Street (see Attachment #1 - Location Map); _ the subject property currently supports a 25 unit multi-tenant commercial/industrial building, with existing uses such as, restaurants, business offices, warehouse, light manufacturing plant, merchandise service shop, commercial club, etc; _ 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 Unit #25 within the existing building (see Attachment #2 - Site Plan); _ total gross floor area of the entire building is approximately 4,590 square metres, while Unit #25 consumes approximately 83 square metres of the floor area (see Attachment #3 - Floor Plan); _ the applicant proposes to relocate their existing operation at 1163 Kingston Road to the subject property in order to renew their Body Rub Parlour license. Information Report No. 24-05 j It :5F , " ,'ä',' '''_'.~'~'~''''''''"''''''''''- . '''' 'PUp},) ..~..Q_(,,?-,.,.._-_.. Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reç.lional Official Plan _ the Durham Regional Official Plan identifies the subject land as being within an "Urban Areas - Employment Area" designation, 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 PickerinQ Official Plan _ the subject property is designated "Mixed Employment" within the Brock Industrial Neighbourhood and its detailed review area; _ thisdesignation-allows for "limited personal-service uses serving the area;" Brock Road is a Type A Arterial Road, which is the highest order arterial road designed to carry large volumes of traffic; Plummer Street 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 ZoninQ Bv-Iaw 2511 _ the subject property is currently zoned "MC-7" - Industrial - Commercial Zone by Zoning By-law 2511 , as amended by By-law 2760/88; MC-7 zoning allows a variety of commercial and industrial uses, but currently does not allow the use of 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 Bv-Iaw PertaininQ to Bodv 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. 24-05 c::' '1' .~ ATTACHMENT #..:;¿. ..d) ,;; ~-. / # PO .:;,<,,,~,.:.£:,.~ç;",..,,"., "- Page 3 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 Aaency 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 considerations: · evaluate the compatibility of the proposed use within the commercial/industrial building and with the surrounding uses; · assess the current parking supply on-site and examine the potential effects that this proposed use may have on the parking supply; · 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. 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. Information Report No. 24-05 ,5' ,¿;.~ - D b 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 _ the owner of 1050 Brock Road is J. M. P. M. Holdings Ltd.; - the agent of this application is Louis Cheung. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Development Review Joyce Yeh Planner I JY:jf Attachments Copy: Director, Planning & Development ¡frT¡.\CHMENT 9. 5 - ~ ¡::¡fYOR1 II PD ,;),;). ~c "'_..._<", APPENDIX NO. I TO INFORMATION REPORT NO. 24-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1 ) none received to date 2. i:TTÞ.C¡¡['¡'~fn # 6 TO HEHJt'i'r II PO _.;¿.9--C) (~- ZONING BY -LAW AMENDMENT APPLICATION A 22/05 1430658 ONTARIO INC. 1050 BROCK ROAD, UNIT 25 SOUTH PART OF LOT 19, CONCESSION 1 CITY OF PICKERING 1. Planner Comments Excerpts from Joyce Yeh, Planner I outlined the application. She advised that to date the City had received a petition signed by 12 business owners within the subject property and 10 business owners south of the subject property, expressing concerns with safety, crime and property values. 2. Applicant Comments The applicant provided a history of massage and the need for such services for mental health. Advised that under the name Pickering Spa the premises is being used as a massage or spa parlour, they do not conduct business outside hours and they serve men, W'Öl1lénmand children. 3. Comments from Members of the Public No comments from members of the public. Page 1 CORP0228-2/02 M .;.T-7 ;<-' G~'-;:J~~~:'! "f # ~_l_.«,...__fC:-; " f')"¡ '1,'1 - (J (, t, ~ L! _,_e!~,".·-,¥.~,,-,- ,1ß\f\1" ~3 200C ~ ~ (; ~ ~(·i ¡:~,~~~;t'~jf~~!I¿; ;5!'F;Fì~ î\~ (1 ~ Objection to amend the existing zoning on the subject lands tolaaij~~~,S~~::'=~~:;;;:,:),~~~~:,~2:,::;:S!~."j "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 To: Mayor David Ryan And Members of Council Ms. Debi A. Bentley, City Clerk Ms. Lynda Taylor, Manager, Development Review Ms. Joyce Yeh, Planner I Re: Zoning By-law Amendment - A 22/05 The petition is signed by 99% of 1050 Brock Rd. (only because one business owner was not available). Please note that units 13, 16, 20 and 21 are vacant. We also had a chance to collect signatures from the neighbouring plaza at 1020 Brock Rd. and everyone is disturbed by the fact that the City is even considering this location for a potential body- rub parlour. For some reason none of us received information letters about the public meeting noting that one meeting was cancelled due to the weather condition back in December 2005 and another upcoming meeting in January 2006. During the course of petition to object the rezoning of unit #25 to allow for body-rub parlour we spoke to the property landlord Mr. Andy Zrnic and we were informed that the applicant claimed to be opening up a day spa (beautification and shiatsu). If it was a day spa would one have to go through the rezoning process? From our perspective it is misleading information and it should not be accepted by the City of Pickering. Please do not allow for this body-rub parlour to open up at 1050 Brock Rd. These kinds of establishments should be kept in the industrial area far away from children and families. Yours truly, Business owners of 1050 Brock Rd. ATTACHMEm;9 _ '7 TO r"~' '·'·1 P ''7 '"\ .. / '~Lr¡UH # D ,,~~ : () ..i?.~.,."_ {~ 3 7.00fi ~~\~E~~;;\¡&~::j~:[,~~}~;¡~:~:::;~:~ Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 To: Mayor David Ryan And Members of Council Ms. Debi A. Bentley, City Clerk Ms. Joyce Yeh, Planner I One The Esplanade Pickering, pntario LI V 6K7 Re: Zoning By-law Amendment - A 22/05 The following signatures represent the tenants, owners or local businesses of the above location that object to the amendment of the zoning at 1050 Brock Rd., Pickering. The issue of having "body rub parlour" amongst us brings up a number of concerns: - Negative impact on the real property values in the area. - Late hours of operation will create situation for increased crime, and this is associated with the higher insurance rates. - Personal safety and safety of our businesses will be compromised upon "body rub parlour" entering this location. Such establishment should be located strictly in the industrial area, with no exposure to the general public. - The parking capacity is already at its maximum and having this type of "business" coming to our plaza will generate serious problems with the parking availability. - This site is not conducive to such zoning due to increased security requirements to protect the other tenants and businesses. We believe that changing the use will change the feeling of the area. It is not in the public good to allow "body rub parlour" to operate beside us. With all our concerns we ask you to not allow such a business to operate here at 1050 Brock Rd., Pickering. Please see the following pages for the names and signatures: .,' IV'! it 7 ;¡ -..r."~"._,.~,,. "~"'...'."..,...." \; nF\)¡il i; PD -Ii!. ;l...:J:.2,,,f¿., .. . . Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 Business Name 1050 Brock Rd. Unit # 1$LAAJ j) k ~ Y ~. í· à Lol4,(.. [e,'J ~ fJJ DSG1 &-éC-(l2.c fJ I (5 '4~ 6 ~ 1 ß{~ ~\ç Q,2.-2J1 3 :~~in Í-Irf~._.. J~. 10. 'A ,tlD;A,J (:'5 Pé Fo;? ~ ~ppú,..J Af(ïS 'Ç\ft:COX e- 11 i /8 'fi Name (~~0 rfþy¡ kln MrE;òns MICH!rGl.- 'J Æ@Jscfl H4NID -/<¡..tu ¿.f'..t/ A2Aí?\) ~H rTf-I v"- Q)M, 0 L tAoh 9-~ ~ .4JN'M ~. A D iLL 14 N q ~(\1 N LIS"' c. t:JH ~t 51 ~ ù VV' 0.) 'P't.·r <:--LVv' Signature .~ 'RiZ£LL LA f1<A.je<, ~~ clnc1J\C~ "-tètthð,D~ ' t,TTACH1\J1ENT U2_TO HEF'ORl' # PO ¿;¡ ~ - 0 ,,, II ..~_._. Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 Business Name Address & Unit # Name Signature cO tM ftJ -IMAGE 1020 8~ocJ( itS ~~CH K. j d'1 E r-\S I ().QO f)rio& ¥=-G /02 tíJrI ~œ;K. ~, ¡DOc! cNvté L 1'1 J2d;'ov' L e. 0'1 it troP ?~v h /¡sl\J :&xl /02,0 =IÞ I éJ 10 4. 1ð" /010 ~ e-J. s. f-ralA/~~~ ~i\.~ ¡.- 1-4 fJ~ ¡1s;F p~ l)~~ .J¡" ~ "OC:O~ ~~ ~'<:\ ~. 1i..C'. it> E ;e-) /0 i2 t ó/F'uc/c ~ ¡..J ILL-..) r ..P ~. . .s I: . f /,r l( / cO y /J.."J ,._ ,f\ .' (o'W .6aodL (þ1 INVIU~,1~ r L )-¡..II J...Oô '- '')£1 /1SS" flufl'l~(" >f. GYtw.nqf(0; û.~t+ ,* 8 r<oGER. [1/~,..J!761 r~~ Frt. rf fð k:J r:"'Q ~1'~t' ~.eul,æ Qju,¡pbetP .. 7 PC ......;?r.J.-.Q.Þ r'~'~I~e ~~~~GRINO MJ:'(;f~ !lTT/\Ci'f!\";[rfT tf_......,..~~..~..... TO . l\t'ONARCH KITCHEN & BATH CENTRE KEVIN SAMSON kevin@mkbi.com ~_.__._-'.....- rø. . j~:::1 '# I,¡ ~I~, ,,-,'/ ., !d¡.¡¡ P/O¡q f I¡¡jlh .¡ lIplll III inll .t 1\111.."'1':0 . Vltli·o P(ht TEl 905-837-9208 TOR 416-410- 58 71 TOll 888·522·8835 [fIX 905·837-9204 1020 Brock Road, #6 T 905.686.2001 Pickering Ontario F 905.420.5926 Canada 'llW 3H2 www.mkbi.com www.avtelmedia.com e!nal! r,('d'd\ldnwdld,I..om 1020 Brock Road South, Unit 1008 . Pickering, ON L IW 3112 ...._...."...._.......... ._..._..,...... ..... '.''',0. . . -. ." - . .-.-."...-........-.-,......,--..... w_.n...~.."-...-·_···.'~-_...~··- ...-- THE FURNITURE STORE ..THAT SAYS IYESI Of TOMORROW'S AN1'l v-~'l- Qú~ 4<J ~R. 11'. leDnand 91,JDjjSJh¡jr:l£j Inc. John Leonard Publisher SOFAS . YES LEATHER . YES MATTRESSES . YES CHANGE THE SIZE . YES PICK A COLOUR - YES 1020 Brock Road South Suite, 1010 Pickering, Ontario, l1 W 3H2 Phone: (905) 837-7599 . Fax: (905) 837-9204 www.leonardpublishing.com email: john@leonardpublishing.com BOB MOWFORTH SOUTHERN ONTARIO'S lJ\RGEST SOLID WOOD SHOWROOM 1020 Brock Road South, Units 1-4, Pickering, Ontario L1W 3H2 Tel: (905) 831-9846 Tor. Line: (416) 282-0258 Fax: (416) 282-5970 www.solidwood.ca ,..".."'....., .'.'. ~"...." '.-.- ,.,.......'~"..'-.-... "._..___.__-:-___'_~...___.__._.__....~..____._.._____.._..'_~..._.·.__.,'_..,·_..._..,_...,.........m.··.. I I I I ij E: i'_, ~~, ~ 1755 Riummer Street r Unit'# 12, 13 & 14, ' Pickering, Ontario L 1W .3S1 ~ .- .....-.-.-.... ._.__...__.__...-_.._..,_._~. -_._-~'..._--- .._.*...-_._,~ 7)U'''"1II 7)ante Cent,eJnt.. ROB:E:RT I;II.~LS &: ASSOCIATES . Tammy Roberts President & Artistic Director R.A.D., D.M.A., A.D.A.P.T. · IN.Cq~TAX .TAXPL~NNINGi ., S~LIJ.,~USINESS BOOKKEÈPING T~I: (b05)· 837-25~8 Fax: (905) 837-7688 , , .,.............~...."...-"".."__".,:..,....,"".._._. _c ~'.._..."... .....-.....".....~·'v ,~. ,~._~,,~, ._".\.0,.-., ..,.'. ft......_.".A·"_'.....~....·.- "'~"'.,'.' ,__,.,.,,,,,'.-, "...,__~.,~'..,....... ~." . . ~,¡, RQþ~ri IIÌllS ·..102()~rock Road Ste. l004,Piçl\edng, Ontario . LlW3H2 Tel:?O?-831-1028 Toll Free 1~800·632-8215 Fax:: 905"831-0333 -..........---...."..--.......-.... Dean Leeder Pickering Service Manager DeWALT Factory Service 1050 Brock Road Pickering, Ontario L1W 3X4 t 905.421.9784 f 905.421.9435 pkrmgr@bdk.com .-.__..,_.~._... 'rIGHT LINE FUREJUrAN'S WAllEROUIE ~ PETER & JOHN $TRUMOS Live Bait & Tackle Tel. (905) 837-Q544- 1050 Brock Rd. S.l.It1it #4 Pickering, Ont. l1W3LS. Open 7 days a week Jennifer Buffett 1050 Brock Road. Unil 22·24 Pickering, Ontario 11 W 3X4 The local r_hilusl & Venlil~licn Company Inc:. lei 905.831.7001,104 lax 905.831.7443 email jennlferbuffett@ley-co.eom www.lev-co.com .....-.._.__..._.,_.._-_.~_...........,._... Amanda Domes -- --" 5'~Vnf. ~ ') J,l amusements Silver Coin Amusements SALES AND RENTALS lei: 905. 837 . 7799 E: silvercoin@rogers.com 1050 Brock Rd. Unit11, Pickering ON L1W 3X4 1400Squlras Beach Rd. . Pickering, ON L 1W 4B9 www.s/ot-machines.ca ._......,..__u_.._n.. ._...-,- -....-..-----..---- -' "7 /;;l~- COMPUTER FACTORY OUTLET FULL SERVICE· UPGRADES· VIRUS CHECKS ALL MAKES AND' MoGELS ,]", . D.S. G.· " ELECTRONICS 905'.''''O''4Aq~~~": G ~~~o7:~,"o"'o.~O"'. "., "Iš.WA..~U~ !I(§J¡p . Y..rJi~AttD.\..A.erQ.I!.4L- , - I , .\ _. " " CuriJea . 1050 Brock Rd., Unit 5 Pickering, ON L I W 3X4 Tel & Fax: (905) 421-9550 300 Kingston Rd., Unit 18 Pickering, ON LI V 6Z9 Tel & Fax: (905) 509-5578 www.curvesinrernational.com PEDAL e~ U PERFORMANCE BIKE SHOP .2evditt¡- .Se.wia .S~ I· .com Azard Khan PICKERING 1050 Brock R.d. S., Vnit # 9 PICkering, ON L1 W 3X4 Tel: (90S) 837·2906 Fax: (90S) 837·5653 WOODBRIDGE 8633 Weston Road Vnil#2&3 Woodbridge, ON L4L 9R.6 Tel: (90S) 850·4099 e~mail: bikes@pedalpcrfarmance.com c.! If 8 . Tn ~:::¿Orr¡ !i PLi:,~~~þ~~.:Ç2 .c;;.. ~"'c'" )kír'i...., riii~m'" RECEIVED CITY OF PICKERING ,.JAM 2 0 20G6 crr'Y O:F_ ~~Ç!~~;E~~~L~ :PL.\NN¡~\9.}";~~,\f¡~~;:f"'"I,-, I CLERK'S DJVJS10N 0¡::¡;-"~,~~ . rIJ ~._.. , , 'i :!J ,;::1 January 16, 2006 The Corporation of the City of Pickering To Whom It May Concern: My name is Denise Campbell, and I am the owner of Planet Gymnastics located at 1755 PlummerSt.unit#8. I find it very repulsive that the City considers BODY RUB PARLOUR to open at 1050 Brock Rd. justacross from my facility. It has taken 5 years and a lot of dedicated hours to grow the business to where it is today. It would be very disresp~~tfUI fpfchildren and teenagers that frequent my facility if the massage parlour opened up right across the street. I beg you to not allow such business to operate in this family oriented plaza. Regards, ]IÞ ,'.1 Q~/G~~~···· Denis,e Campþell PlanetGymnªstics . ~ ~;~ . . ¡;~Jk1Ä~.; ¡~es ,j I , , i ,I I ¡ . j" 9 ...,., 1t_..._"._1 U 11 PD d ~ - ¿) ¿.~___ i.<E).' . F"'''''' ,í¡''''''' '¡r.;;'" s¡j In t: ~\~;,;, '~~6 d .[' " , "."..";'. ;:, J;~ ",' ,>~~ n (~ MÞ.;'~ i)'j .~ !'f'( 0,;::: ¡:;; "...' \« ;::: ')'o::{! \'\\ G ''V "j J:) ,..1-1......... .' '!I " PLANNING f!. DEVELOPMENT . . DEP;,\RTMEi\!T March 1, 2006 To: :Mayor David Ryan and Honourable Members of Council lVls. Debi A. Bentley, City Clerk lVls. Lynda Taylor, lVlanager, Development Review lVIs. .Joyce Yeh, Planner I Re: Body Rub Parlour at 1050 Brock Rd. #25 Zoning By-law Amendment Application A22/05 \Vhen it became obvious what kind of business is coming to Unit #25, we were told by Planning Department that we can write a petition objecting the opening of the body rub parlour. The petition has been signed by 99% of our plaza occupants (12 business owners, since some of us are occupying multiple units) and we do not know what else we can do to prevent this business from becoming a focal point of our family oriented complex. Having a bar - "Island Mix" as part of our plaza is already causing us big headache, especially after the recent shootings in front of the building. Adding a body rub parlour will only intensify the unnecessary disturbances to us and our customers, We all know that Unit #25 will be a house of ill repute from the reputation they had at their previous location (1163 Kingston Rd., Unit 9, also known as "Pickering Spa"). By reviewing the Minutes from Statutory Public Information Meeting on January 19,2006 regarding Zoning By-law Amendment (A22/05) it is clear that the public is being mislead by the applicant who advised that the establishment will provide services for mental health, serving men, women and children. This does not make any sense to us since body rub parlour is considered an adult entertainment, and that is what they are applying to be rezoned for. The applicant has already lied to our property landlord, Mr. Andy Zrnick, claiming that it will be a day spa (beautification and shiatsu). If it was a day spa, why would one have to obtain the rezoning? It got to our attention that back in August 2004 they unsuccessfully tried to get rezoning for body rub parlour at 860 Brock Rd. using lies and the same misleading information methods, so it just shows who we are dealing with. Please hear our concerns and do not approve this application. If you must allow these places in Pickering why not locate them in the industrial area, away from children and families. Sincerely, Business Owners and tenants of 1050 Brock Rd., Pickering. Page 1 of 2 )..L¿ì ¡-'D.. ;;{~-:-:,Q(;. Yeh, Joyce .....--.--.-......-...-..---....'...-.---.. ...........,...,,-.-,,-..-......----..... From: Thompson, Kim D. Sent: February 14, 2006 11 :30 AM To: Yeh, Joyce Subject: RE: A22/05 Body Rub Rezoning at 1050 Brock Road Joyce, as we discussed, I have not had any recent issues with Pickering Spa. There have been previous charges regarding attendants working without licences. There have also been complaints regarding activity occurring behind the unit and late night customers. At this point, I have no formal issues with the operation of Pickering Spa. Should they re-Iocate into the appropriate area I would not any difficulty in approving a new licence. -----Original Message----- From: Yeh, Joyce Sent: February 8, 2006 10:04 AM To: Thompson, Kim D. Subject: RE: A22/05 Body Rub Rezoning at 1050 Brock Road Louis K.C Cheung applied on behalf of 1430658 Ontario Inc. (Judy Wang Ying). Judy Wang Ying was operating Pickering Spa at 1163 Kingston Road. They have submitted an information booklet explaining their business proposal. Please let me know if you need a copy. Thanks, Joyce -----Original Message----- From: Thompson, Kim D. Sent: February 8, 2006 9:42 AM To: Yeh, Joyce Subject: RE: A22/05 Body Rub Rezoning at 1050 Brock Road Joyce, who is the applicant? Thanks -----Original Message----- From: Yeh, Joyce Sent: Wednesday, February 08,20069:12 AM To: Thompson, Kim D. Subject: A22/05 Body Rub Rezoning at 1050 Brock Road Hi Kim, I am working on the recommendation report for this rezoning application- A22/05 proposing to add a body rub parlour as a permitted use to 1050 Brock Road. Geoff suggested me that as part of the review process, I should get information from By-law Enforcement and Regional Police to see if you guys have any concern with this particular business or this type of business in the past? Any complaints received? Any record of violation of laws? Do you have any concerns? I would appreciate it a lot if you can e-mail me back or simply give me a call. Thank you very much! Joyce Yeh Planner I 14/02/2006 Page 1 of 1 fI_.(Z....~_,_TO .. <Y'ì bl "-~.- () &, it ,. ~,.___2~.--·...;·,,·· Yeh,Joyce From: Matloob, Shahid Sent: March 7, 200610:12 AM To: Yeh, Joyce Subject: RE: Zoning Bylaw Amendment Application A22/05 Dear Joyce, The traffic generated by the proposed body rub parlour would not effect the surrounding street network. Please do not hesitate to contact me if you need additional information. Shahid Matloob DURHRM REGIONRL POLICE Fax:9056832140 Mar 8 2006 12:14 ;t /-;1 'J;.:: ;;1;2 ::-o~;) DURHAM REGIONAL POLICE SERVICE P.02 77 CENTRE ST. NORTH, OSHAWA, ONTARIO LlG 487 Oshaw8 (905) 579-1520 1-888-579-1520 Toronto (905) 683·9100 Fax (905) 579r2273 . Vern White - Chief Qf Police · C. Mercier - Deputy Chief - Admlnislnition · R. Piukkala· Deputy Chief - Operations February 23,2006 City of Pickering Ms. Joyce Yeh - Planner Pla:Dning & Developm.ent Deparb.nent Pickering Civic Complex One The Esplanade Pickering, ON, LIV6K7 Dear Ms. Yeh: Subject: Zoning Amendment Application A 22/05 1430658 Ontario Inc. l050 Brock Road Unit 25 (South Part of Lot 19, Concession 1) City of Pickering .- The City .of Pickering have given notice to the Durham Regional Police Service that the entity known as 1430658 Ontario Inc. have submitted an application to amend the provisions of the City of Pickering - Zoning By-Law. The details of the application are enunciated in Zoning Amendment Application A 22/05. We ate writing to make objection to the application and indicate the position of this Police Service as follows: The Durham Regional Police Service submit tha.t the zoning designation relating to the property location known municipally as 1050 Brock Roa~ Unit 25, Pickering, Ontario should not be amended to add a body rub parlour as a permitted use. The Durham Regional Police verily believe that the proposed amendment is contrary to the public interest and adverse to the needs and wish of the residents of the municipality ìn which the premises are located. The proximity of the proposed business to other commercial venues would be abhor.rent to the tone and category of premises in the surrounding area and community. . . Our Police Service are prepared to make oral submissions, if required, at a public meeting if one should be called by the City. ;:;,....,. il..j;),. ."".... . nJ ;).. d 'b """~,(',!"\~'.tj ¡iI" ... () hc!- v!'~ I Ii' r ..J........,..,.......,.,... ' _~t~..~-"';._-,··,,·_"',· INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 22/05 - J.M.P.M. HOLDINGS LTD. 2.7m OFFICE Tm ¡RECEPTION AREA 3.0m J ~ ... 3.3m þ ... 3.3m 3.3m TREATMENT ROOM 3 TREATMENT ROOM 1 TREATMENT ROOM 2 c. _-i._ T ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, NOVEMBER 21 , 2005 . ì'f ..;¿:;!;_:.Q..4..: .. " ,;,.,.'." II II I I , I " II Ii I I , I ,I ii I I, THE CORPORA TION OF THE TOWN OF PICKERING BY-LAW NUMBER 2760/88 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Concession I, in the Town of Pickering. (A 46/87; OP A 87 -48/P) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of certain industrial and commercial uses on P<;irt of Lot 19, Concession I, in the Town of Pickering; I ! i I I !I ir :1 II AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW JHEREFORETHE COUNCIL OF THE CORPORA TION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS; . I. SCHEDULES I AND II Schedule I and II attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED 'I !II ! The provisions of this By-law shall apply to those lands in Part of Lot 19, Concession I, Ii Pickering, designated "MC-7" on Schedule I attached hereto. !I jI 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally alteredexcept in conformity with the provisions of this By-law. ,I jl 4. DEFINITIONS In this By-law, (I) "Bakery" ~hall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (2) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; (3) "Business Office" shall mean a building or part of a building in which the management or directiqn of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and rela ted studios o( theatres, but shall not include a retail store; ., I :¡ ;1 .1 ¡ ! ¡ II :1 I I 'I I (4 ) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (5) "Commercial-Recrea tional Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and oþerated for gain or profit, and which may include an arena or a stadium but shall· not include a place Qf amusement or entertainment as defined herein; :'Dry Cleaning De10t;1 shall mean a building or part of a building used for the purpose of receIving artlc es, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (6) lí ., ! II II il II Ii Ii II ,i ,I I :1 :I . " : ~ Ii 'I ,I .1 !I :1 II i I :1 ., i II , II II II II II 'I II 'I 'I I, II Ii !i !¡ H ,I :1 :¡ " ,¡ II :1 II II II H '[ " !I il :1 :1 ,I ! /e¡. Ui) "..iliL:/;:.~..", - 2 - (7) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; (8) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or 0 f fice purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (9) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, bake.d, mixed, ;Jackaged or otherwise prepared for distribution to retai I or insti tutional outlets; (10) "Games Arcade" shall mean any building, room or area in which are offered facilities for the play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill, or (c) a combination of three or more games of chance and games of mixed chance and skill; for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys; (11) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, ora public park or open space area, regardless of whether or not such lot consti tutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the loti ,I I, II !! " (12) :¡ (b) " :i :! ! " 1 I \ ; I (ç) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (13) (a) "Manufacturing Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Light Manufacturing Plant" shall mean a manufacturing plant used for: (i) the production of apparel and finished textile products other than the production of synthetic fibres; (jj) printing or duplicating; (jii) the manufacture of finished paper other than processing of wood pulp; (jv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products, plastic ware, porcelain,. earthenware, glassware or similar articles, including but not necessarily· restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; 11 I' I' Ii !I Ii :1 ;¡ :1 Ii ;1 I I i I ! II II , ;i ! II II :1 ;1 ;¡ II il I II 1\ ;1 " I 'i " " !I ,I ! II !I " " " i' 11 - 3 - (I/¡) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant, or any establishment used for the service or repair of vehicles or a retail store; (15) "Place of Amusement or Entertainment" shall mean a building in which facili ties art:.. provided for amusement or entertainment purposes, and which may include a bi [liard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade; (16) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious. or social meeting purposes and may inc!,ude facilities for entertainment purposes such as musical and theatrical per formances, but shall not include a place of amusement or entertainment; ([7) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (18) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an archi tect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time,or any successor thereto; (19) "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership; (20) "Restaurant-Type A" shall mean a building or part of a building where food i' prepared and offered or kept for retail sale to the public for immediate consumptio, on the premises or off the premises, or both on and off the premises; (21) "Retail Store" shall mean a buildil'g or part 01 a building in which goods, wares, merchandise, substances, articles or things are stored, kept and 'offered for retail sale to the public; (22) "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for· wholesale or retail sale, or wherein orders are taken for future delivery of such products; (23) "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemic'als, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (24) "Vehicle Repair Shop" shall mean an establishment containing facilities for the, repair and maintenance. of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; (25) "Vehicle Sales Shop" shall mean an establishment in which vehicles are displayed fo sale, sold or both; (26) "Warehouse" shall mean a building or pJrt of a building which is used for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fu'el storage tank except as an accessory use; (27) "Yard"shall mean an area of land which is appurtenant to and located on the same lot as a bui Iding or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; 'I I i 1'1'.' . ., -;¡'l::?:.,,:..Q...~. - 4 - I I II II 1! II [I II :1 :, II ;¡ !¡ .5. PROVISIONS (I) Uses Permi tted (",'vIC-7" Zone) No person shall within the lands designated "MC-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: ., :1 'i :1 Ii d II II :1 (a) bakery (b) business of fice (c) commercial club (d) commercial-recreational establishment (e) dry cleaning depot, subject to the provisions of section .5(2)(e)( vii) CO dry cleaning establishment (g) food prepara tion plant (h) light manufacturing plant (i) merchandise service shop (j) place of assembly (k) private club (I) professional office (m) public club (n) restaurant, type A, subject to the provisions of section 5(2)(e)(iii) (0) sales outlet, subject to the provisions of section 5(2)(e)(vj) (p) scientific, research or medicës: labora tory (q) vehicle repair shop (r) vehicle sales shop (s) warehouse :1 1\ !, i d II Ii (2) Zone Requirements ("MC-7" Zone) :1 il No person shall within the lands designated "MC-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) SETBACK REQUIREMENTS (minimum): as illus tra ted on Schedule II at t ached hereto (b) BUILDING HEIGHT (maximum): 12 metres !I :1 (c) OPEN STORAGE: all uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display ;I (d) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; (ii) There shall be provided and maintained on the subject lands a minimum of: A 4.5 spaces per 100 square metres ·gross leasable floor area for the first 46.5 square metres; and H B 3.6 spaces per 100 square metres gross leasable floor area for the II 'I II next 465 square metres; and C 2.2 spaces per 100 square metres gross leasable floor area for the II next 465 square metres; and ;¡ D 2.4 spaces per 100 square metres gross leasable floor . area for the Ii Ii next .5,110 square metresjless :i E 10 percent of the number of parking spaces required under A,B,C and D above; ·1 I II ill ~;;)... -0 f~ - 5 - (e) SPECIAL REGULATIONS (i) No more than one building may be constructed and maintained; (ii) . The gross leasable floor area of the building shall not exceed 4,590 square metres; (iii) No more than one restaurant - type A shall be established and shall not exceed a gross leasable floor area of 625 square metres; (iv) All bakeries, commercial clubs, commercial-recreational establishments. dry cleaning depots, merchandise service shops, places of assembly, private clubs, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall lJe restricted to tllOse units that front either Plummer Street or Brock Road; (v) The aggregate gross leasable floor areas of all bakeries, business offices, commercial clubs, commercial-recreational establishments, dry cleaning depots, merchandise service shops, places of assembly, private clubs, professional offices, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall not exceed 2,210 square metres; (vi) Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops, warehouses or bakeries, and providing the gross leasable floor area of the sales outlet does not exceed 20% of the gross leasable floor area of the food preparat ion plant, light manufacturing plant, merchandise service shop, warehouse or bakery; (vii) Dry cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross leasable floor area of the dry cleaning depot does not exceed 20% of the gross leasable floor area of the dry cleaning establishment. 6. BY-LAW 2.511 (1) 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 it applies to the area set out in Schedule I attached hereto. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended, except' that subsection 5.21.2 a) and 5.21.2 b) shall not apply to the area set out in Schedule attached hereto. 7. ENFORCEMENT (I) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subs~quent conviction toa fine of not more than $10,000 [or each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (I), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (bf on a subsequent conviction a fine of no·t m.ore than $Z5,000for each day or. part thereof upon which the contrayention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (I). I ì ¡ I I I i II !I It i it iI 1/ :¡ :i . I I: :I \' :I ¡I :¡ :I ., il ij " ,\ I' I I , I :r ;1 ;I ., " ..;. " !j :1 " , I I I I · r , /'1- \,,~ i ¡--jJ,2il.:.Q,..f::_.., I I I II II - 6 - 0) Where a conviction is entered und~r subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction hereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 'I II II H :1 " 'i :1 II II II 8. EFFECTIVE DA TE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 2nd DA Y OF ~1ay READ A THIRD TIME AND PASSED THIS 19 th DA Y OF September /'/ ''" '" ." . ~.... ...,;/ /./ ,. ,S---./~ ~éL1(RKC:- '" / BRUCEJ.TAYLOR II I TOWN OF PICKERING LEGAL DEPT. " " " ., :, ~ ~ 'i :i 'I II I I I I II '! , J 988. , 1988. ~. /'/ ~. h ilf:...... n, ;2d- - Ci to II I '" I I, II !I Ii II II 'I I, " , " I , " '" " 11'.1 1ft 0 ~ 0 a:: . MC-7 . I .. . g I . ~ - --- u 0 a:: CD 1%01.. ..J PLUMMER STREET. !/ .1 I ¡ i I I I II :¡ ~ I 'I I . ~ I I II II ,I N I: I .¡, ·1 'I I I II :¡ :1 SCHEDULE I TO BY-LAW 2 760/8 8 PASSED THIS 1:1 th DAY OF Septer:1ber 1988 " .! ! I I II " ·1 ¡ ""- ""- ."" ""- i;"'"T¡:·r'!·1i'·'t:W" .J1 ¡ 'f TO . . ~...; ·'.1._ \ r Tt__." PD .~_2.,;J-.:12J.~~,.,. '.0," ¡ a :, I. ~ " ·1 I 1331ft I 21 e", -- -- ~ I u II 0 0::: m I , , . le.3". PLUMMER STREET .. 1988 .. oil II I SCHEDULE II TO BY- LAW 2760/88 IHh PASSED n'IIS DAY OF September N ! ~ " " j IS in ,..... .'·.>....."c,···. _".' -'_ .... ',- \/ ;;J;2 :'4) b. SCHEDULE "B" TO BY -LA W NUMBER 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MA Y OPERATE SCHEDULE 'B' TO BY·LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERA TE ~ '7J E! mw I'!!. @ ............... ! II I .......~ d:~.'["ë.}R COuAf "FLrùL5 I ¡ I "- .......TI!" "QI.~UT''''' PICIC£I'IING CE"'EA"'TlNO STATION , LAKE ONTARIO l' N