HomeMy WebLinkAboutPD 30-06
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REPORT TO
EXECUTIVE COMMITTEE
03;)
Report Number: PO 30-06
Date: April 24, 2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 28/05
Renata Trent
905 Dillingham Road
Part of Lot 19, B.F.C Range 3
(Durham Condominium Plan 105)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 28/05, be APPROVED as set out
in the draft by-law attached as Appendix I to Report PD 30-06, to amend the
existing zoning on the subject lands to permit an increase in floor area of an
existing body rub parlour use on lands being Part of Lot 19, B.F.C. Range 3,
(Durham Condominium Plan 105) City of Pickering.
2. That the amending zoning by-law to implement Zoning By-law Amendment
Application A 28/05, as set out in Appendix I to Report PD 30-06 be
FORWARDED to City Council for enactment.
Executive Summary: The applicant requests a change to the zoning by-law to
increase the floor area from 160 square metres to 310 square metres for an existing
licenced body rub parlour located at the south-east corner of Quigley Street and
Dillingham Road (see Location Map, Attachment #1).
Alterations to the multi-tenant industrial condominium, necessary to accommodate the
requested floor area increase, would be restricted to interior works to suit the tenant's
needs (see Applicant's Submitted Plan, Attachment #2). The property is located in the
area of the City defined by Municipal By-law 6648/06 as an area where a body rub
parlour use may operate, subject to obtaining zoning approval. The applicant advises
they have operated from this property for the past six years. Through discussion with
Municipal Law Enforcement Services and Durham Regional Police Services, staff is not
aware of any documented complaints respecting the use.
With the floor area expansion, parking and site function will not be impacted.
It is recommended that the application be approved and that the draft by-law be
forwarded to Council for enactment.
~~1ta Trent - A 28/05
April 24, 2006
Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Background:
1.0 Comments Received
1.1 At the January 19, 2006 Information Meeting
(see text of Information Report, Attachment #3)
Public Comments
- No public comments were conveyed
at the public meeting;
- Received a request for further
notification from two parties:
Edith Montgomery
(see Attachment #4)
Colin Hunter - Colin Hunter Electric
(see Attachment #5)
1.2 Agencies
Durham Region Planning
Department
Veridian Connections
Toronto and Region Conservation
Authority
1.3 City Departments
Development Control
Pickering Fire Services
Applicant's Comments
- applicant's solicitor spoke on their
behalf;
- solicitor provided a written statement
(see Attachment #6);
- conforms with Regional Official
Plan;
- municipal water supply and sanitary
sewer are available;
- no Provincial interests identified;
- no objection;
- located outside of the TRCA's Fill
Regulated Area;
- no permits are required for the
proposed development;
- no objections;
- no comments;
- no objection;
Renata Trent - A 28/05
April 24, 2006 Ü 3 '('
Page 3
2.0 Discussion
2.1 Use and Compatibility
2.1.1 Proposed Use Conforms to the Pickerinq Official Plan
The subject property is designated "Employment Area - General Employment" in
the Pickering Official Plan. This designation permits the proposed expansion in
floor area of the existing body rub parlour to be considered. Approval of the
rezoning would conform to the Pickering Official and the Region of Durham
Official Plan.
2.1.2 The Site is Suitable to Accommodate the Expanded Floor Area
The proposed expanded floor area for the body rub parlour use can be
accommodated on this site, within the existing condominium building. Vehicle
parking on this property is provided in excess of the minimum by-law
requirements (12 additional parking spaces), and offsetting hours of operation
from regular business hours allows for the sharing of parking spaces.
The Director of Durham Condominium Corporation 105, Mr. Mike Sharpe,
provided authorization for the submission of this rezoning application (A 28/05)
by the applicant. Further, Mr. Sharpe advises that he does not object to the
rezoning (see Attachment #7).
The existing use is located in an area of the Brock Industrial Neighbourhood that
has no visual presence along the major transportation corridors of Brock Road,
Clements Road or Bayly Street. The proposed expansion is contained within the
existing condominium building, and will be achieved by extending the use into
Unit #4 (see Attachment #2). The City is aware of the operation of this business
at this location over the past six years and, through discussion with Municipal Law
Enforcement Services and Durham Regional Police Services, staff is not aware of
any documented complaints or policing issues respecting the use.
2.2 Zoning By-law Performance Standards
2.2.1 The Proposed By-law will Limit the Gross Leasable Floor Area
The existing by-law limits the gross leasable floor area of the body rub parlour
use to a maximum of 160 square metres. This floor area is presently provided
through a combination of main floor and mezzanine floor space. The applicant
proposes to increase the total allowable floor area to 310 square metres,
consisting of both main floor and mezzanine floor space. Even with the
increased floor area, this use will not constitute the dominant tenant in the
condominium. At 310 square metres, the use will constitute approximately 10
percent of the gross leasable floor area of the entire building. A mix of uses will
be maintained.
n38
'Renata Trent - A 28/05
April 24, 2006
Page 4
2.2.2 The Existinq By-law will Govern all Other Zoninq Requirements
No further amendments to the current 'M2' zoning are proposed or required. The
current by-law requirements will continue to apply to the property.
2.3 Municipal By-law 6648/06 - Body Rub Parlours
2.3.1 The proposed body rub parlour complies with the Municipal By-law & licensinq
requirements
On April 3, 2006, City Council passed Municipal By-law 6648/06, which provides
requirements for the licensing and regulating of body rub parlours within the City
of Pickering. The by-law includes provisions which restrict the location in which
body rub parlours may be considered to operate, and limit the number of body
rub parlours within the designated area. The designated area is within the Brock
Industrial Neighbourhood, subject to a zoning by-law amendment being approved
by the City.
The subject property is located within the designated area as per Municipal
By-law 6648/06 (see Attachment #8). This body rub parlour use is an existing
permitted body rub parlour and is currently zoned and licenced by the City. It
holds one of the three body rub parlour licences that the City of Pickering is able
to issue. By expanding the floor area of the use, Municipal By-law 6648/06 is not
contravened, as it is not a separate operation. The licence covers the entire
operation, which operates from one location only and is only valid for the
endorsed location.
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
Renata Trent - A 28/05
April 24, 2006 Û 3 9
Page 5
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Information Report
4. E-mail request for notification from Edith Montgomery
5. Letter of objection from Colin Hunter Electric
6. Applicant's Solicitors Written Statement
7. Letter of Authorization from the Director of Durham Condominium Corporation 105
8. Municipal Body Rub Parlour By-law - 6648/06
Prepared By:
Approved / Endorsed By:
~~~
Planner II
GXR: Id
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
. I'
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040
DRAFT BY-LAW
APPENDIX I TO
REPORT NUMBER PD 30-06
ZONING BY-LAW AMENDMENT APPLICATION A 28/05
THE CORPORATION OF TH~~,~TY OF PICKERING
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BY -LA
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Being a By-law to amend ~thcted Area (Zoning) By-law 2511, to
implement the Official Plan of the City of Pickering, Region of Ourham, for
Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of
Pickering. (A 28/05)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
change the zoning of the lands to permit an additional use being a Body Rub Parlour Use,
on the subject lands, located in Part of Lot 19, B.F.C. Range 3, (Durham Condominium
Plan 105), City of Pickering.
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
Section 17.4.4 - Industrial Zone - "M2" is hereby amended by repealing and
replacing Section 17.4.4(2)(a) with the following:
(a) No more than one Body Rub parlour shall be permitted and the aggregate
gross leasable floor are of the Body rub Parlour shall not exceed
310 square metres;
2. BY-LAW 2511
Oefinitions 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
,2006.
day of
Dave Ryan,
Debi A. Bentley, City Clerk
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION DCC 105, LEVEL 1, UNIT 4 l'
OWNER E. ALFRED & R. TRENT DATE NOV. 4, 2005 DRAWN BY JB
FILE No. A 28/05 SCALE 1 :5000 CHECKED BY GR
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UNIT4
SUBJECT TO
A 28/05
(PROPOSED EXPANSION)
ATTACHMENT I ¿ TO
REPORT' PD~Ob
INFORMATION COMPIL FROM APPLICANT'S
SUBMITTED PLAN
A 28/05 -
E. ALFRED & R. TRENT
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UNIT 3
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A 16/04
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, NOVEMBER 4,2005.
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þ,TT AGHMENT # 2 TO
REPORT 1/ PO ..:b··Db
INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED FLOOR PLANS
A 28/05 -
E, ALFRED & R. TRENT
Unit #3 and Unit #4 will function as one
unit with one entrance and partial
removal of demising wall
16RDN
20'1' X 40'3"
(37'7')
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EXISTING
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
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INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED FLOOR PLANS
A 28/05 -
E. ALFRED & R. TRENT
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WORK SPACE
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EXISTING
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LNIT4
GQOlJIC FLOOR
Unit #3 and Unit #4 will function as one
unit with one entrance and partial
removal of demising wall
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN. DECEMBER B. 2005.
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ATTACHMENT I 3 TO
REPORT /I PO .:b c~')
Citlf c~
INFORMATION REPORT NO, 25-05
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
SUBJECT: Zoning By-law Amendment Application A 28/05
Renata Trent
Durham Condo Plan 105, Level 1, Unit 4
(905 Dillingham Road)
City of Pickering
1,0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is approximately 0.81 hectares in size, and located on the
south east corner of Dillingham Road and Quigley Street (see Attachment #1 -
Location Map);
- a 23 unit multi-tenant industrial condominium occupies the site;
- the property is surrounded by industrial-commercial uses.
2,0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing zoning on the subject lands to
permit an increase in floor area to the existing body rub parlour use;
- the expansion of the permitted use will occupy Unit #4 within the existing
industrial condominium;
- total gross floor area of the existing industrial condominium is 3,010 square
metres;
Unit #4 consumes approximately 85 square metres of the floor area
(see Attachment #2 - Applicant's Submitted Site Plan);
- the total floor area of Unit #3 (existing body rub parlour) and Unit #4 (proposed
expansion) is approximately 245 square metres;
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham ReÇlional Official Plan
- the Durham Regional Official Plan identifies the subject lands as being
designated "Employment Area";
- this designation goal is to establish Employment Areas and efficiently guide
their development to obtain the greatest benefit for the Region;
- to increase job opportunities for the residents of the Region;
Information Report No. 25-05
~
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Page 2 047
Employment Areas shall be used for limited personal service uses;
- the applicant's proposal appears to comply with this designation;
3,2 PickerinÇl Official Plan
- the subject property is designated "General Employment" within the
Brock Industrial Neighbourhood;
this designation permits a wide range of employment uses while allowing for
limited personal service uses serving the area;
Schedule II of the Pickering Official Plan - "Transportation Systems"
designates Dillingham Road and Quigley Street as Local Roads;
3,3 ZoninÇl Bv-Iaw 2511. as amended bv Bv-Iaw 6514/05
- the subject property is currently zoned "M2" - Industrial Zone by By-law 2511, as
amended by By-law 6514/05;
- the current zoning permits the following uses:
· all commercial uses permitted under "M1" - Storage & Light Manufacturing;
· all industrial uses permitted under "M1" - Storage & Light Manufacturing
along with a transportation terminal, manufacturing and industrial uses
with limited outdoor storage;
· body rub parlour;
the applicant is requesting to permit an increase in floor area to the existing
body rub parlour use;
- the amendment would only apply to 905 Dillingham Road;
3,4 Municipal Bv-Iaw PertaininÇl to Bodv Rub Parlours
on October 16, 2000, City Council passed Municipal By-law 5764/00, which
provides requirements for the licensing and regulation of body rub parlours
within the City of Pickering;
the by-law includes a provision which restricts the location in which body rub
paflours may be considered to operate, to the City's industrial area, subject to
a zoning by-law amendment application to permit the use (see Attachment #3-
Schedule "B" to By-law 5764/00);
- the definition of a Body Rub Parlour is as follows:
· a "Body Rub Parlour" is defined as any premises or part thereof where a
body rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical Of
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registefed so to do under the laws of the
Province of Ontario;
~~~ation Report No. 25-05
1,1/_,,2_,10
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Page 3
· 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.
4,0 RESULTS OF CIRCULATION
4,1 Resident Comments
no comments have been received;
4,2 Aaencv Comments
no comments have been received;
4.3 Staff Comments
The following list identifies matters and issues to date, which require further
review and examination by staff:
· the compatibility of the proposed expansion to the existing use recently
approved within the existing industrial condominium;
· the examination of:
· the appropriateness of the requested expansion to ensure the use
does not dominate the site;
· the potential effects the proposed expansion may have on the current
parking supply;
· the floor-space of the expansion to ensure that the floor-space is
accurate (clarify if a mezzanine exists);
· whether or not a floor-space limitation should be included in any zoning
by-law;
· the application to ensure that it is consistent with the polices of the
2005 Provincial Policy Statement;
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 Oepartment for a subsequent
meeting of Councilor a Committee of Council;
Information Report No. 25-05
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age
- 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.
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
- full-scale copies of the applicant are submitted plan is available for viewing at
the offices of the City of Pickering Planning & Oevelopment Department;
6,3 Property Principal & Leasee
- the principal of 905 Dillingham Road is Mike Sharpe, the leasee of
905 Dillingham Road, Unit #4 is Renata Trent represented by Noel D. Gerry.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Geoff Romanowski, CPT
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
GXR:ld
Attachments
Copy: Director, Planning & Development
U::)fI
ArrACHMENT # 3 TO
REPORT I PD .:1CrCÝc
APPENDIX NO. I TO
INFORMATION REPORT NO. 25-05
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) no comments received to date
COMMENTING AGENCIES
(1) no comments received to date
COMMENTING CITY DEPARTMENTS
(1) no comments received to date
Romanowski, Geoff
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From: Buchan, Adriana
Sent: March 2, 200611:16 AM
To: Bentley, Debi
Cc: Romanowski, Geoff; Shields, Debbie
Subject: Edith Montgomery 416-291-451011 :10 a.m.
Ms. Montgomery would like to be notified of any council meetings, or other meetings, and also have sent to her any
documentations pertaining to Renata Tent Rezoning Application A 28-05-905 Dillingham Road-Body Rub rezoning.
Please note that Ms. Montgomery is not within the radius status of the rezoning property.
Adriana
02/03/2006
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AT fACHMENT II ~.::i~7'7~"",·m
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Planning and Development Department
Pickering Civic Complex
1 The Esplanade
Pickering, Ontario
L 1 V 6L 7
January 16,2006
Attention: Mr. GeoffRomanowski
Re: Zoning Bylaw Amendment application A28/05
Dear Mr. Romanowski
I have objections to the above mentioned application and I would like to address
Counsel on this matter.
Could you please advise me prior to the matter coming to counsel so that I can plan to
attend. .
905 Dillingham Road, Unit 23, Pickering, ON L1 W 3X1
Tel905-831-6122 Fax 905-831-6133 Toll Free 1-877-312-6999 E-mail info@chunter,ca
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NOEL D. GERRY
BARRISTER & SOLICITOR
REceIVED
,IAN 0 4 200S
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
50 Richmond Street East
Suite #100
Toronto, Ontario
M5C 1N7
Telephone: 416-972-1161
Fax: 416-362-9954
November 1, 2005
City of Pickering
One The Esplanade
Pickering, Ontario
LlV 6K7
Dear Sirs:
Re: Application for Zoning Approval
905 Dillingham Road, Unit #4
Please accept these submissions, which are submitted in support of the application by Renata
Trent in support of her application to have body-rub parlour added as site specific use at 905
Dillingham Road, Unit #4. This letter is provided pursuant to section 34(14.1) of the Planning
Act.
Ms. Trent already operates a body-rub parlour at 905 Dillingham Road, Unit #3 and seeks to
expand into the adjoining unit.
Please consider the following points in support of the application:
1.
By virtue of By-law 6514/05 a body-rub parlour is permitted at Unit #3;
2.
The proposed use is an expansion of an existing business and will not create a new body-
rub parlour;
3.
The existing business has been licensed by the City of Pickering for over five years;
4.
The premises are situated within the area designated for the licensing of body-rub
parlours by virtue of By-law 574/2000. No amendments ¥. e.,,¡:.. ~.' .ired uritfr~~ft"t tg tbi I
Licensing By-law; F..____v~ê..BJ~~-S DI_1SION
! Fn C' i,'t·,.! i
By acquiring Uni~#4, additional parking spaces have bee4.:~~..~.~.~à.....;:~.~.'~~~~~. ' _ _
the expanded busmess. : '.:~:~'..;.~;E 'i"'''''''j' LEGAL SERVIC~=I /-..'toOL.
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It is submitted the same planning considerations apply to this application as did in the passage of
By-law 6514/05 and therefore the application should be approved.
We thank you for taking the time to consider the merits of this application.
Yours truly,
! /..;
1/' L.~......""'._""____._.._.......
, Noel D. Gerry
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05:i
DCC 105
July 20, 2005
To Whom It May Concern:
I am aware that Renata Trent acting on behalf of Eddie Alfred, owner of unit #4
in Durham Condominium Corp 105, located at 905 Dillingham Rd. in Pickering is
applying to have the premise rezoned for the use of Massage Therapy (body rub). I do
not objec//,o. bove mentioned application.
¿{,ø~ C~- --- .
Director ofDCC 105
Mike Sharpe
RECEIVED
OCT 2 0 2005
DURHAM CONDOMINIUM CORPORATION 105
905 Dillingham Road, Pickering, Ontario, LIW 3Xl
CITY OF PICKERING
i~L.I\f\I '¡II'¡G AND
DEVELOPM?:NT DEI"ARTMENT
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ATTACHMENT # 8 TO
REPORT' PO 3û ··c"'j¿,
SCHEDULE 'B'
DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE
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. BY-LAW NUMBER WILL BE AMENDED TO 6648/06 PENDING THE APPROVAL BY COUNCIL