HomeMy WebLinkAboutCS 54-07
REPORT TO EXE:CUTIVE
COMMITTEE
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Report Number: CS 54-07
Date: November 12, 2007
From:
Gillis A. Paterson
Director, Corporate Selrvices & Treasurer
Subject:
Request to Amend Body-Rub Parlour By-law
Grant Morris Associates Ltd on Behalf of Christopher Trzcinski
1630 Bayly Street, PickE~ring
Recommendation:
1. That Report CS 54-07 of the Director, Corporate Services & Trieasurer be
received for information; and
2. That the City Clerk be directed to forward a copy of Report CS 54-07 of the
Director, Corporate Services & Tmasurer to Grant Morris Associates Limited.
Executive Summary:
The City Clerk has received correspondl3nce dated October 9, 2007 from Grant Morris
Associates Ltd. with respect to a request to amend By-law 6649/06 to increase the
maximum number of body-rub parlour licenses to 4 from the existing 3 within the by-
law.
Financial Implications:
There are no financial implications at this, time.
Sustainability Implications:
There are no sustainability implications.
Background:
By-law 6649106 provides for the licensing, regulating and governing of body-rub
parlours within the City of Pickering, in slccordance with the provisions of the Municipal
Act. In 2005, there was an extensive review of the existing body rub parlour by-law,
which included detailed discussions with interested parties, such as the Durham
Regional Police Service and two public meetings on the by-law review. Based on the
Date: November 12, 2007
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public consultation and review, By-law 6649/06 was passed, which included a provision
for three body-rub parlour licenses.
Report CS 54 -07
Subject: Request to Amend Body-Rub Parlour By-law
During the public consultation and review of the body-rub parlour by-law, it was
determined that three licenses was appropriate for the City due to the extensive
administrative and enforcement requirements related to body rub parlour licensing.
Body Rub Parlours have a substantial turn over in staff and licensing all owners,
operators and attendants requires a significant amount of staff resources. Inspections
must also be coordinated with the Durham Regional Police Service in order to ensure
Municipal By-law Enforcement Officer safety. It was also noted during this discussion
that when the by-law was reviewed in the future, that the schedule defining the area
that permitted body rub parlours may operate should be re-evaluated in order to ensure
that operations of this nature did not front on a major arterial highway.
Grant Morris Associates Limited is acting on behalf of Mr. Christopher Trzcinski, owner
of 1630 Bayly Street, who wishes to pursue a body rub parlour license for this subject
property. At present, there are three available licenses in accordance with the by-law.
The licenses have been issued to Pickering Angels (905 Dillingham Road, Unit 3),
Pickering Spa (1050 Brock Road, Unit 10) and Aristocrats Health Spa (1895 Clements
Road, Unit 16). This year has been a relatively quiet period for enforcement as two of
the three licensed body rub parlours have experienced issues which have prohibited
them from operating. Pickering Spa has building permit issues which have prohibited
them fro operation and Aristocrats Health Spa was shut down due to the large
methadone fire at 1895 Clements Road. Although Pickering Angels was given approval
to enlarge their facility in early 2007, it has not been completed to date.
Due to this uncertainty with the existing three licenses and the possibility that one
license may not be renewed in 2008 (Aristocrats Health Spa), it is possible that a
license will become available in 2008, which would then be available for Mr. Morris'
client. Based on the circumstances currently surrounding the existing three licenses, it
is the staff opinion that the by-law remain in its present form and Mr. Morris' be advised
accordingly.
Attachments:
1. Correspondence dated October 9, 2007 from Grant Morris Associates Ltd.
Prepared By:
Approved I Endorsed By:
~.,~
Debi A. Wilcox
City Clerk
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Gillis A. Paterson
Director, Corporate Services & Treasurer
Report CS 54 -07
Subject: Request to Amend Body-Rub Parlour By-law
Date: November 12, 2007
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Attachment
DW/lr
Recommended for the
Pickering Ci Council
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TOWN PLANNING · ARBITRATION · LAND MANAGEMENT · INDUSTRIAL DEVELOPMENT
CANADA · USA · CARRIBBEAN
GST N2 R1304-7754
File No. CT.02
2007 1009
Debi Bentley
Clerk
City of Pickering
One the Esplanade
Pickering, Ontario LIV IE6
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Re: Request to amend Municipal By-law 6649/06 to provide for a
maximum of four licenses to be issued for body rub parlours in
the City of Pickering
Dear Madam:
1.0 Retainer:
Christopher Trzcinski is the owner of 1630 Bayly Street in the City of
Pickering. Mr. Trzcinski has engaged the services of my company, Grant
Morris Associates Ltd., to pursue a body rub parlour license at 1630 Bayly
Street.
2.0 Location:
1630 Bayly Street has a free standing structure which was used many years
agQ for residential purposes. With the advance of commercial development
in the area, this house was converted into a credit union about 15 years ago.
Today there are no residential uses within close proximity of the site.
Hence, the site with its small parking lot makes it suitable for a
ORI ~INAL-." ~
parlour use. l.Q:...-..~ 'DL.:)
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~ TO: A. AIII.son
3.0 The Issue:
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At the time of my client's application to amend the zoning by-l w 0 perm!
a body rub parlour as a permitted use, the municipal by-law re
rub establishments, No. 5764/00, in the City defined the area
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PI R...E.C TOR. I C.$.::P -r 10 TAKEAPPR.ACTlON
SPECIALIZED PLANNIG & DEVELOPMENT CONSULTING SERV C
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De~ifBntley, Clerk.
establishments may be permitted to operate but the by-law did not limit the
number of licenses that could be issued by the City.
Council also had before it two am'ending zoning by-law applications to
permit body rub parlours, one at 1630 Bayly Street and the other at Unit 25,
1050 Brock Road, when it passed By-law 6649/06 limiting the number of
licenses for such a use in the City to three (3).
The events and the manoeuvring which unfolded were unprecedented,
resulting in my client having a legal body rub parlour use for its premises
with no licensing opportunity.
4.0 Backf!round:
In support of my request to Council, on behalf of my client, it is necessary to
set out the background to this issut::.
Prior to October 16th, 2000, body rub parlours in the City were not limited. to
a defined area. With the passage of Municipal By-law 5764/00 on October
16th, 2000, however, the defined area where body rub parlours could locate
was established and the need to obtain a license for such use was also
established. Council, in recognition of the existing body rub parlours within
its corporate limits, provided those existing body rub parlours an opportunity
to be licensed but gave them until the end of 2005 to locate to the defined
area.
1430658 Ontario Ltd. (Pickering Spa) was already operating outside the
defined area and sought to move its operation within the defined area at Unit
25, 1050 Brock Road. To do this, on JuJly 25t\ 2005, Pickering Spa applied
to the City for an amendment to By-law 2511 to allow a body rub parlour as
a permitted use at Unit 25, 1050 Brock Road. At the public meeting held on
January 191\ 2006, the applicant indicated that it was planning to serve
men, women and children, contrary to the body rub parlour by-laws which
define the industry as adult entertainment for 18 years and over. I
understand that objections were received for this application from the public,
plaza tenants and neighbouring businesses. On April3rd, 2006, Council
denied the application, resulting in the matter being appealed to the Ontario
Municipal Board on April 21 st, 2006.
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Debi Bentley, Clerk
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Also, on December 191\ 2005, my client applied to the City of Pickering for
an amendment to By-law 2511 to permit a body rub parlour at its premises
at 1630 Bayly Street. At the public information meeting held on March 23rd,
2006, no one appeared in opposition and no written comments opposing the
application were received from residents or from any agencies. As a result,
Council passed By-law 6673/06 on June 5th, 2006. Council's decision was
appealed to the Ol\1B by the owners of the Pickering Spa (Unit 25, 1050
Brock Road).
5.0 Hearine of the Appeals bv the OMB and Decision:
The Board heard the appeal against the Pickering Spa amending by-law on
August 8th, 2006. The Board's decision allowed the appeal thereby paving
the way for a body rub parlour use at Unit 25, 1050 Brock Road.
Given the Board's decision, Pickering Spa moved quickly and applied for a
license which City Staff was compelled to issue. Since this was the only
available license, Pickering Spa vacated its objection to 1630 Bayly Street
application leaving only the appeal by Dr. Martin of the Safeway Worship
Centre to be heard by the Board.
It is interesting to note that the Safeway Worship Centre is located adjacent
to the proposed Pickering Spa body rub parlour, yet Dr. Martin did not
object to its use.
On April 12th, 2007, the Board heard the appeal against the proposed body
rub parlour use at 1630 Bayly Street and dismissed the appeal. The Board
found that there were no valid planning grounds for the appeal. The Board
Order No. 1138 confirmed its decision thereby affirming the approval of By-
law 6673/06 which permits a body rub parlour use at 1630 Bayly Street.
6.0 Municipal Bv-Iaw Amendment 6649/06:
It is crucial to note that Council had before it two by-law amendments for
body rub parlour use when it passed Municipal By-law 6649/06 in April,
2006. This by-law provided for body rub parlours in the City to be licensed
and limited the number of such establishments to three (3). It was evident
from the passing of By-law 6649/06 that Council intended to limit the
number of body rub parlours that could operate in the City, provided they
are located within the defined area as set out in By-law 6649/06.
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Debi Bentley, Clerk
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7.0 Intent of Council:
It is also clear from Council's decision to pass By-law 6673/06 (my client's
amending by-law) while denying Pickering Spa's amending by-law, that
Council intended that the third license would have been given to my client.
However, the Board's decision to approve the Pickering Spa amending by-
law pre-empted Council's decision,. resulting in Staff having no choice but
to award the third and only remaining available license to the Pickering Spa
at Unit 25, 1050 Brock Road. It is also dear from the Staff
recommendations and the decisions of the Ontario Municipal Board that
both locations for body rub parlour uses are permitted by the Regional
Official Plan and the City of Pickering Official Plan and are within the
defmed area of By-law 6649/06 which Sl~ts out where body rub parlours can
be located in the City.
8.0 Request of Council:
The question here is not whether the use is permitted or the morality of the
use, but the manner in which the use can be implemented. My client's
application followed the proper by-llaw amendment process, was passed by
Council and the appeal was dismissed by the Ontario Municipal Board,
thereby confirming Council's decisi.on.
Having said this, we must also recognize that the Pickering Spa followed the
proper planning process to achieve its bOidy rub parlour use and license at
Unit 25, 1050 Brock Road.
As a Planner, I have a responsibility to support the planning process and to
find ways to resolve issues which threaten the integrity of said process.
In fairness to my client and because of the events which unfolded were
beyond his control and given that my client went through the proper
planning process resulting in the by-law being legally amended to permit a
body rub parlour use at 1630 Bayly Street and given that my client has been
working with Staff for site plan approval and has expended monies in this
respect and given that my client has been paying taxes, mortgage and
insurance on the property which has remained vacant for over two years, I
believe that Council has a responsibility to assist in the resolution of this
unforeseen situation.
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Debi Bentley, Clerk
I therefore respectfully ask that Council amend Municipal By-law
6649/06 to providefor a ma.:t:imum offour (4) licenses to be issued
for body rub parlours in the City of Pickering instead of three (3).
This, in my view, would be a fair way of resolving the issue under the
circumstances. If required, I shall be available to make a presentation to
Council.
Yours very truly
~
Grant Morris
Planning Consultant
c.c. Mayor Dave Ryan
Bonnie Littley, Regional Councillor Ward 1
Bill McLean, Regional Councillor Ward 2
Rick Johnson, Regional Councillor Ward 3
Jennifer O'Connell, City Councillor Ward 1
Doug Dickerson, City Councillor Ward 2
David Pickles, City Councillor Ward 3
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