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HomeMy WebLinkAboutCS 01-08 CiUI o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 01-08 Date: February 11, 2008 , . {11 U' From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Request to Amend Body-Rub Parlour By-law Grant Morris Associates Ltd on Behalf of Christopher Trzcinski 1630 Bayly Street, Pickering Recommendation: 1. That Report CS 01-08 of the Director, Corporate Services & Treasurer be received; 2. That the request from Grant Morris Associates Limited, on behalf of Christopher Trzcinski, to amend the Body Rub Parlour By-law 6649/06 to increase the maximum number of body-rub parlour licenses to 4 be denied; and 3. That the City Clerk be directed to forward a copy of Report CS 01-08 of the Director, Corporate Services & Treasurer to Grant Morris Associates Limited. Executive Summary: The City Clerk has received correspondence 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. A report was subsequently prepared, however, based on a request of the applicant, the matter was deferred to early 2008. Financial Implications: There are no financial implications at this time. Sustainability Implications: There are no sustainability implications. Report CS 01-08 Subject: Request to Amend Body-Rub Parlour By-law Dj Date: February 11, 2008 Page 2 I tl t Background: By-law 6649/06 provides for the licensing, regulating and governing of body-rub parlours within the City of Pickering, in accordance 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 public consultation and review, By-law 6649/06 was passed, which included a provision for three body-rub parlour licenses. 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 3-4), Pickering Spa (1050 Brock Road, Unit 25) and Aristocrats Health Spa (1895 Clements Road, Unit 161). In 2007, it was 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 had building permit issues which had prohibited them from operation and Aristocrats Health Spa was shut down due to the large methadone fire at 1895 Clements Road. Pickering Angels was given approval to enlarge their facility in early 2007, and a building permit has been issued in this regard. All three existing licensed body-rub parlour operations have renewed their licences for 2008 and in discussions with the Planning and Development Department, building renovations are progressing for both the Pickering Angels and Aristocrats Health Spa. As the Body Rub Parlour by-law underwent an extensive consultative period and review in 2006, staff are of the opinion that no further licences should be issued at this time. It should be noted that all regulatory by-laws are reviewed every five years by City staff as part of our process improvement initiatives, and this by-law will be no exception. Attachments: 1. Correspondence dated October 9, 2007 from Grant Morris Associates Ltd. Report CS 01-08 Subject: Request to Amend Body-Rub Parlour By-law Date: February 11, 2008 Page 3 Prepared By: ~~ 'm)_:iJ(I~ Debi A. Wilcox City Clerk Attachment DW/lr .0 I. Approved I Endorsed By: ~~~ ..--..-...-.. "'--"-'-""'"-----",=- . -~-:) ---, .... .. --.~:_~ . . -';- --~ --------- Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council ,~~, L Thomas J. Quinn, RDMR., CMM III / Chief Administrative Officer -i'?..~_1 -.'lff . ~.Ol-O!S flJi7hn" WIIH,IJ . TOWN PLANNING · ARBITRATION · LAND MANAGEMENT · INDUSTRIAL DEVELOPMENT Cl /1 CANADA · USA · CARRIBBEAN GST N!l R1304-7754 File No. CT.02 2007 1009 Debi Bentley Clerk City of Pickering One the Esplanade Pickering, Ontario L1 V 1E6 Ct 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. T:".Q.~_ DW cOP\' A . ~ TO: . All, .s c> n 3.0 The Issue: k. . IkoiV\ 6D r'\ At the time of my client's application to amend the zoning by-l w a body rub parlour as a permitted use, the municipal by-law re rub establishments, No. 5764/00, in the City defined the area AJov I q I or (~ol2J2.. CORR. J<EFEJc_ To Cy. COIM P I/<'...Ec TOR. CS-:$;- 10 TAKEAPPR.AcnoN I SPECIALIZED PLANNIG & DEVELOPMENT CONSULTING SERV C FlU! 397 Sheooard Ave.. Pickerino. Ontario. Canada L 1 V 1 E6 · Tel: Office/Fax (905) 420-3990 · Email: orant.morris@rooers.com Debi Bentley, Clerk . " establishments may be permitted to operate but the by-law did not limit the 0 :' number of licenses that could be issued by the City. Council also had before it two amending 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 Back!!round: In support of my request to Council, on behalf of my client, it is necessary to set out the background to this issue. 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 July 25th, 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 19th, 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 215\ 2006. 2 Debi Bentley, Clerk 06 Also, on December 19t\ 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 OMB by the owners of the Pickering Spa (Unit 25, 1050 Brock Road). 5.0 Hearine of the Appeals by 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. 3 Debi Bentley, Clerk 7.0 Intent of Council: Cl 'I' 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 clear 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 sets 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, hut the manner in which the use can he implemented. My client's application followed the proper by-law amendment process, was passed by Council and the appeal was dismissed by the Ontario Municipal Board, thereby confirming Council's decision. Having said this, we must also recognize that the Pickering Spa followed the proper planning process to achieve its body 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. 4 Debi Bentley, Clerk Ln. (; 1;< ) " I therefore respectfully ask that Council amend Municipal By-law 6649/06 to providefor a ma.:y: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 5 CiUI o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 06-08 Date: February 11, 2008 rJ n I, '.4 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Request for 2008 Grant Toronto Wildlife Centre Recommendation: 1. That Report CS 06-08 of the Director, Corporate Services & Treasurer be received; 2. That a grant in the amount of $6,500. to the Toronto Wildlife Centre (TWC) be endorsed and that this amount be included in the 2008 draft grant budget (2195.2570). Executive Summary: The City has received a request for a 2008 grant from the Toronto Wildlife Centre (TWC) in the amount of $20,000.00. In 2006 and 2007, the Clerks Division, Animal Services Section executed an agreement with the Toronto Wildlife Centre for services, and provided a one time yearly contract payment in the amount of $6,500.00. For 2008, services will also be provided by a private contractor with respect to wildlife calls under the Animal Services 2008 budget. Financial Implications: The amount of $6,500 was included in the 2005 and 2006 Current Budget for Animal Services under Outside Agency Services as a contract expense. This arrangement can continue for 2007. However, as the Centre is now asking for a grant of up to $20,000 staff concluded the matter should be forwarded to Council for its consideration for the 2008 Budget. Staff is recommending that the amount of $6,500 be maintained for 2008 budget consideration but it be now included in the Grants budget. Sustainability Implications: There are no sustainability implications.