HomeMy WebLinkAboutPD 31-03
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REPORT TO THE
COMMITTEE OF THE WHOLE
Report Number: PD 31-03
Date: July 4,2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 7/03
1381190 Ontario Limited
701 Krosno Boulevard
Block T, Plan M15
(Parts 2 and 3, 40R21463)
City of Pickering
Recommendation:
Should Council continue to support the position as implemented by Zoning By-law
6006/02 and consider the additional use requested by the applicant inappropriate, then
Council should pass the following resolution:
That Zoning By-law Amendment Application A 7/03, submitted by Jassie Khurana of
Khurana Associates on behalf of 1381190 Ontario Limited (Ramesh Patel), on lands
being Block T, Plan M15, Parts 2 and 3, 40R21463, City of Pickering, to amend the
zoning by-law to permit the establishment of a convenience store in association with the
existing gas bar on the subject lands, be REFUSED.
OR
Should Council determine that the additional use requested by the application is
appropriate, then Council should pass the following resolution:
That Zoning By-law Amendment Application A 7/03, submitted by Jassie Khurana of
Khurana Associates on behalf of 1381190 Ontario Limited (Ramesh Patel), on lands'
being Block T, Plan M15, Parts 2 and 3, 40R21463, City of Pickering, to amend the
zoning by-law to permit the establishment of a convenience store in association with the
existing gas bar on the subject lands, be APPROVED, subject to the conditions
included in Appendix I attached to Report No. PD 31-03.
Executive Summary: The subject property is located on the south-east corner of
Krosno Boulevard and Liverpool Road (see Attachment #1 - Location Map). The
property currently supports a gas bar operation, which includes the limited sale of
accessory convenience store items (see Attachment #2 - Applicant's Submitted Plan).
PD Report 31-03
Date: July 4, 2003
Subject: 1381190 Ontario Limited
Page 2
In October of 2001 , the property owner submitted an application (File: A22/01) to amend
the existing zoning on the subject lands to permit the establishment of a convenience
store in association with the existing gas bar, a dry cleaning depot, and technical
amendments to clarify existing yard requirements.
In May of 2002, the Planning & Development Department recommended to Council that
the applicant's request to amend the existing zoning on the subject property to include a
convenience store in association with the existing gas bar be approved as it was
considered appropriate development for the subject property and compatible with
surrounding uses. Council did not adopt the staff recommendation and instead
approved the application to permit the continuance of the existing gas bar, with limited
sale of accessory convenience items. The sale of accessory convenience items was
limited to coffee, chips, donuts, muffins, cakes, cigarettes and beverages, in single
servings for immediate consumption by the traveling public, and specifically excluded a
retail store. and a neiqhbourhood convenience store. The technical amendments to the
by-law were also approved, however, the dry cleaning depot use was refused. In
July of 2002, Council rezoned the subject property to implement this limited additional
use, by passing Zoning By-law 6006/02.
The owner of the subject property was therefore unsuccessful in securing a
convenience store as a permitted use on the property. The owner has hired a planning
consultant and has once again applied to amend the zoning on the subject lands to
permit the establishment of a convenience store in association with the existing gas bar.
The proposed use is intended to serve the day-to-day needs of the neighbourhood, and
is considered compatible with other commercial development in the area.
Staff continues to support its initial recommendation that the application be approved,
subject to the conditions outlined in Appendix I to this report. The conditions include a
limitation on the amount of floor space devoted to the convenience store use, the
establishment of specific vehicle parking standards and the requirement to enter into a
site plan agreement with the City.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Background: The table below indicates that the applicant has attempted through
different Planning Act processes, such as the Committee of Adjustment and zoning
by-law amendments through Council, to permit the establishment of a convenience
store in association with the existing gas bar. The Planning & Development Department
appreciates that these applications have become an arduous process for the public,
having to continually write letters and attend public meetings. However, the City is
obligated under the Planning Act to process every complete planning application that is
submitted in accordance with the requirements of Provincia/legislation.
PD Report 31-03
Date: July 4, 2003
Subject: 1381190 Ontario Limited
Page 3
The following table provides a brief history on the planning applications submitted for
the subject property.
DATE COMMITTEE OF REQUEST DECISION
ADJUSTMENT I
COUNCIL
September 2000 Committee of Convenience Store Partial Approval,
Adjustment - Minor limited sale of
Variance accessory
(P/CA 44/00) convenience items
May 2002 Council - Re-zoning Convenience Store, Council approved
(A 22/01) permission to sell the sale of limited
full convenience accessory
store items convenience items
December 2002 Committee of Redefinition of Refused - Appealed
Adjustment - Minor "limited accessory to Ontario Municipal
Variance convenience items" Board (OMB) by
(P/CA 67/02) applicant in January
2003. Held in
abeyance by OMB,
pending outcome of
current re-zoning
application (A 7/03).
February 2003 Council - Re-zoning Convenience Store To be considered by
(A 7/03) Committee of the
Whole/Council on
July 28, 2003
A detailed planning application history of the subject property is provided on page 2 of
Information Report No. 16-03 (see Attachment #3).
1.0 Information Meetina
A Public Information meeting was held on June 19, 2003, to present the applicant's
proposal. Information Report No. 16-03, which summarizes the applicant's
proposal and outlines the issues identified through circulation of the application,
was prepared for the meeting. The text of the Information Report is provided for
reference as Attachment #3.
At the Public Information Meeting, Planning staff provided an explanation of the
application. Mr. Jassie Khurana of Khurana Associates (planning consultant) was
present to answer questions on behalf of the applicant. Several members of the
public were in attendance, both in support and in opposition to the proposal.
Minutes of the meeting are included as Attachment #4.
PO Report 31-03
Date: July 4, 2003
Subject: 1381190 Ontario Limited
Page 4
2.0 Additionallnformation
Since the preparation of Information Report No. 16-03, several resident comments
have been received:
Resident Comments in Objection - The City has received 4 letters and 42 form
letters signed by area residents in objection to the proposed zoning by-law
amendment. The main concerns expressed by the residents included:
. competition - no need for another convenience store in the area;
. aesthetics of the subject property;
. potential increase in traffic at the three-way intersection of Krosno Boulevard
and Liverpool Road;
. safety concerns respecting the proposed installation of a propane tank; and
. abuse of the municipal approvals / planning process.
The objection letters and a sample objection form letter are included as
Attachments #5 to #9 of this report (all letters available for viewing at the
Planning & Development Department).
Residents in Support - The City has received a petition signed by approximately
378 area residents in support of the proposed zoning by-law amendment. A
sample page of the petition is included as Attachment #10 (complete petition
available for viewing at the Planning & Development Department).
Commenting City Departments - The City of Pickering Fire Service has no
objection. However, it wishes to reserve the opportunity to be informed and make
comments at the time of site plan review.
Commenting Agencies - No agency comments have been received to-date.
3.0 Discussion
A similar zoning by-law amendment application (File: A22/01) was processed for
the subject property approximately one year ago. At that time the lands included
the 'Big M' restaurant, which has since been severed from the site. The
differences between the current application and the application from one year ago
are identified in the table below.
PO Report 31-03
Date: July 4, 2003
Subject: 1381190 Ontario Limited
Page 5
APPLICATION Zoning By-law Zoning By-law
DETAIL Amendment A22/01 Amendment A7/03
Property Description 701 - 711 Krosno Blvd. 701 Krosno Blvd.
Block T, Plan M15 Block T, Plan M15
Parts 2 and 3, 40R21463
Lot Area approximately 0.35 approximately 0.2 hectares
hectares in size in size
Existing uses supported a gas bar supports a gas bar
operation and a restaurant operation (land division
application LD117/02
severed gas bar from
restaurant)
Requested uses convenience store in convenience store in
association with the existing association with the existing
gas bar, dry cleaning depot; gas bar
and technical amendments
to clarify existing yard
requirements
Site Layout see Location Map and see Attachments #1 and 2
Applicant's Submitted Plan of this report
within Attachment #11 of
this report
The results of the circulation and the Statutory Public Information Meeting held on
June 19th, 2003, indicated that issues and comments previously reviewed by staff
for application A22/01 remain unchanged and are still applicable to the current
zoning by-law amendment application A7/03. The Planning & Development
Department continues to support its initial recommendation that the application be
approved, subject to the conditions outlined in Appendix I to this report. For a
complete and thorough discussion of the issues regarding this zoning by-law
amendment application, reference should be made to Recommendation Report:
PD22-02 (see Attachment #11) that dealt with rezoning application A22/01.
4.0 Applicant's Comments
The applicant is aware of the contents of this report.
PD Report 31-03
Date: July 4, 2003 07
Page 6
Subject: 1381190 Ontario Limited
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Location Map
Applicant's Submitted Plan
Text of I nformation Report
Statutory Public Information Meeting Minutes
Objection Letter - Bo Heum Park Professional Corporation
Objection Letter - Bay Ridges Market
Objection Letter - Liverpool South Plaza Inc.
Objection Letter - Walter M. Norwood
Sample Objection Form Letter
Sample Page of Petition in Support of Application
Recommendation Report: PD22-02
Prepared By:
Approved I Endorsed By:
, RPP
nning & Development
Prepared By:
Lynda Taylor, CIP, RPP
Manager, D elopment Review
PK:ld
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
~.
APPENDIX I TO
REPORT NUMBER PD 31-03
RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 7/03
1.0
That, the implementing Zoning By-law:
(a) permit automobile service stations - Type G, restaurant - Type A, personal
service shop, and a convenience store (only in association with a gas bar);
and
(b) include, but not be limited to, the following provisions:
(i) minimum building setbacks;
(ii) establish a parking standard of 8 spaces per 100 square metres of
gross leasable area for any restaurant use and retain 5.5 spaces per
100 square metres of gross leasable area for all other uses;
(iii) restrict gross floor area to 120 square metres for convenience store (in
association with gas bar), and personal service shops.
2.0 That, prior to the forwarding of the implementing zoning by-law to Council, the
applicant/owner shall:
(a) obtain site plan approval for the appropriate site improvements from the
City's Director of Planning & Development; and
(b) enter into the appropriate agreement(s) with the City of Pickering to secure
works required through the site plan approval process.
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REPORT # PO 3 \ - 03
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PROPERTY DESCRIPTION BLOCK T, PLAN M15, PARTS 2 & 3, 40R-21463
APPLICANT 1381190 ONTARIO LTD. DATE MAY 21,2003 DRAWN BY JB
APPLICATION No. A 07/03 SCALE 1:5000
FOR DEPARTMENT USE ONLY
PN-3
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CHECKED BY PK
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ATTACHMENT # ¿ TO
REPORT # PO 31- 03
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
1381190 ONTARIO LTD.
A 07/03
KROSNO BOULEVARD
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EXISTING
GAS STATION
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING
PLANNING & DEVELOPMENT DEPARTMENT,
INFORMATION & SUPPORT SERVICES,
MAY 20,2003.
ATTACHMENT# 3 TO
REPORT (I po-3.! -03
INFORMATION REPORT NO. 16-03
FOR PUBLIC INFORMATION MEETING OF
June 19, 2003
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 7/03
1381190 Ontario Limited
701 Krosno Boulevard
Block T, Plan M15
(Parts 2 and 3, 40R21463)
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the south-east corner of Krosno Boulevard
and Liverpool Road and is approximately 0.2 hectares;
- a property location map is provided for information (see Attachment #1);
- the subject property currently supports a gas bar operation, which includes
the limited sale of accessory convenience store items;
- the surrounding land uses are primarily residential to the north and south, and
commercial to the east and west;
- a reduced site plan, compiled from the applicant's submitted plan, showing
the existing site, is provided for information (see Attachment #2).
2.0
APPLICANTS PROPOSAL
- the applicant proposes to amend the existing zoning on the subject lands to
permit the establishment of a convenience store associated with the existing
gas bar;
no site or building alterations are proposed at this time to accommodate the
proposed new uses.
Information Report No. 16-03
ATTACHMENT # 3 TO
REPORT # PO 3\ - O'~
Page 2
3.0
BACKGROUND
September 2000 - a Committee of Adjustment decision (File: PICA 44/00)
approved a maximum gross floor area of 64 square metres within the existing
gas bar building dedicated to the limited sale of accessory convenience
items; the sale of accessory convenience items was limited by the Committee of
Adjustment to coffee, chips, donuts, muffins, cakes, cigarettes and beverages, in
single servings for immediate consumption by the travelling public, and
specifically excluded a retail store, and a neighbourhood convenience store;
October 2001 - the property owner submitted an application to amend the
existing zoning (File: A22/01) on the subject lands to permit the establishment
of a convenience store in association with the existing gas bar and a dry
cleaning depot; technical amendments to the by-law were also requested to
clarify existing yard requirements;
May 2002 - the Planning & Development Department recommended to Council
that the applicant's request to amend the existing zoning on the subject property
to include a convenience store in association with the existing gas bar be
approved as it was considered appropriate development for the subject property
and compatible with surrounding uses; Council did not adopt the staff
recommendation and instead approved the application to permit the
continuance of the existing gas bar, with limited sale of accessory
convenience items as permitted by Committee of Adjustment application
PICA 44/00; the technical amendments to the by-law were also approved;
July 2002 - Council rezoned the subject property by passing Zoning
By-law 6006/02;
October 2002 - a Committee of Adjustment application was submitted in
October of 2002, to redefine the accessory convenience items to include the
sale of items such as lottery tickets, candy, gum, chocolate bars, sliced bread,
bagged milk and other dairy products, in conjunction with the gas bar operation;
December 2002 - a Committee of Adjustment decision (File: PICA 67/02)
refused the proposed redefinition of "accessory convenience items" in
conjunction with the gas bar operation because the proposal did not meet the
general intent and purpose of the Zoning By-law;
January 2003 - the owner of the subject property appealed the decision of the
Committee of Adjustment to the Ontario Municipal Board (OMB Case No.
PL030021 and OMB File No. V030010); the appeal is being held in abeyance
pending the outcome of this zoning by.,law amendment application (File: A 7/03),
which was submitted on February 28, 2003.
Information Report No. 16-03
ATTACHMENT # 3 TO
REPORT II PD 3 \ - 03
Page 3
4.0
4.1
4.2
4.3
OFFICIAL PLAN AND ZONING
Durham ReÇlional Official Plan
- the Durham Regional Official Plan identifies the subject lands as being within
a "Living Area" designation, where lands are to be used predominantly for
housing purposes;
in addition, convenience stores that are compatible with their surroundings
with limited retailing of goods and services, in appropriate locations may be
permitted;
- the applicant's proposal appears to comply with this designation.
PickerinÇl Official Plan
- the subject property is designated "Mixed Use Area - Local Node" within the
Bay Ridges Neighbourhood - Detailed Review Area;
mixed use areas are areas and corridors of development having the highest
concentration of activity in the City and the broadest diversity of community
services and facilities;
- this designation permits residentiai, retailing of goods and services generally
serving the needs of the surrounding neighbourhoods, offices and
restaurants, community, cultural and recreational uses;
in the "Mixed Use Area - Local Node" designation, the Pickering Official Plan
establishes a maximum gross leasable floors pace for the retailing of goods
and services of up to and including 10,000 square metres and a maximum
floorspace index (total building floorspace divided by total lot area) of up to
and including 2.0 FSI;
Schedule II to the Pickering Official Plan designates Krosno Boulevard and
the portion of Liverpool Road south of Bayly Street as collector roads;
collector roads generally provide access to individual properties, to local
roads, to other collector roads and to Type C Arterial Roads; carry greater
volumes of traffic than local roads, including automobiles, pedestrians,
bicycles and transit; and generally have a right-of-way width ranging from
20 to 22 metres;
- the applicant's proposal appears to comply with this designation.
Liverpool Road Waterfront Node Development Guidelines
- the Liverpool Road and Krosno Boulevard intersection is subject to the
Council adopted "Liverpool Road Waterfront Node" Development Guidelines;
- the guiding vision for the entire Node is that of a "Great lakes Nautical
Village" with a mix of uses and an ambiance that is inviting;
- the Liverpool Road and Krosno Boulevard intersection is intended to create a
"gateway" to attract travelers down Liverpool Road by maintaining visual
continuity and interest between Bayly Street and the 'Nautical Village';
- the "gateway" is to consist of many design elements that will be implemented
on the public right-of-way.
Information Report No. 16-03
ATTACHMENT' 3 TO
REPORT # PO 3 \ -03
Page 4
5.0
5.1
5.2
5.3
6.0
4.4
Zoning By-law 2520
- the subject property is currently zoned "CA(G)" - Commercial Automotive
Type G Zone by By-law 2520, as amended by By-law 6006/02;
- this zoning permits the establishment of automobile service stations - type G
(with limited sale of accessory convenience items), personal service shops
and restaurants - type A;
an amendment to the by-law would be required to implement the applicant's
proposal.
RESULTS OF CIRCULATION
Resident Comments
- no resident comments have been received to date.
Agency Comments
- no agency comments have been received to date.
Staff Comments
in reviewing the application to-date, staff has identified that it has reviewed a
similar zoning by-law amendment application (File: A22/01) for the subject
property;
- the issues previously reviewed by staff included:
. impact on the streetscape of the Krosno Boulevard and Liverpool Road
intersection;
. the scale and appropriateness of the proposed use in relation to abutting
commercial properties and surrounding residential properties;
. potential floor area restrictions on the proposed use;
. traffic generation, on-site parking availability, site function; and
. landscaping.
staff will review previous comments to determine if they are still applicable to
this zoning by-law amendment application A 7/03.
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 Council or a Committee of Council;
Information Report No. 16-03
ATTACHMENT # 3 TO
REPORT I PO 3\ -03
Page 5
- 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.
7.0
OTHER INFORMATION
7.1
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.
7.2
Information Received
- full scale copies of the applicant's submitted plan are available for viewing at
the offices of the City of Pickering Planning & Development Department.
Property Principal
7.3
- Jassie Khurana of Khurana Associates is the agent working on behalf of
1381190 Ontario Limited (Ramesh Patel).
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Perry Korouyenis
Planner I
Lynda Taylor, MCIP, RPP
Manager, Development Review
PK:ld
Attachments
Copy: Director, Planning & Development
ATTACHMENT # 3 TO
REPORT # PD 3 \ - 03
APPENDIX NO. I TO
INFORMATION REPORT NO. 16-03
COMMENTING RESIDENTS AND LANDOWNERS
(1 )
none received to date;
COMMENTING AGENCIES
(1 )
none received to date;
COMMENTING CITY DEPARTMENTS
(1 )
Planning & Development Department;
6.
7.
ATTACHMENT # 4 TO
REPORT # PO .~, -03 Excerpts from
Statutory Public Information Meeting
Thursday, June 19, 2003
7:00 P.M.
The Manager, Development Review, provided an overview of the requirements of the
Planning Act and the Ontario Municipal Board respecting this meeting and matters
under consideration there at.
(II)
ZONING BY-LAW AMENDMENT APPLICATION A 07/03
1381190 ONTARIO LIMITED
701 KROSNO BOULEVARD
BLOCK T, PLAN M15
{PARTS 2 AND 3. 4.Q..R21463)
1.
Perry Korouyenis, Planner I, provided an explanation of the application, as
outlined in Information Report #16-03.
2.
Jassie Khurana, representing the applicant, advised that he was present to
answer any questions.
3.
Angela Smiglicki, 1210 Radom St., Unit 104,. stated her support of the opposition
of this application advising that Bay Ridges is an established neighbourhood that
will not see much growth.
4.
Maureen Charlton, 740 Krosno Blvd., stated that survival is the issue and not
development. She suggested, as she has in the past, that an establishment to
compliment the area be considered.. She pointed out that Mr. Patel clearly
disregards the decision of the Committee of Adjustment as he continues to sell
large items.
5.
Mr. Lim, owner of the Bay Ridges Market, stated his opposition to the application
and questioned why they were here again addressing the same issue. He
advised that nothing in the neighbourhood has changed but the closing of a
dollar store. He stated his right to protect his business for his family, staff and
community and further stated his opposition to changing the by-law.
A resident of 1295 Wharf St., questioned why stations above Hwy. 401 are
allowed to sell large items and Mr. Patel is not. He suggested that there is
growth in the area, at the bottom of Liverpool Road and that there should not be
a problem with competition.
Scotty Ramage, 760 Krosno Blvd., stated that Bay Ridges Market has been a
great neighbour and that only one convenience store is needed in the area.
11.
12.
ATTACHMENT' 4 TO
REPORT 1/ PO 31 -03 Excerpts from
Statutory Public Information Meeting
Thursday, June 19, 2003
7:00 P.M.
8.
Angela Smiglicki, emphasized the good work of the Bay Ridges Market in the
community and advised that the objection is to large retail.
9.
Sylvain Trepanier, 1218 Monica Cook Place, stated that this is not just planning
but also common sense. Bay Ridges is not growing and this application would
cause a split of revenue and profits. He advised that those sitting on the
Committee of Adjustment, are also community citizens appointed by Council.
This application has twice been denied and he questioned why it is here again.
He further stated that what is happening above Hwy. 401 is not a fair
comparison.
10.
Jassie Khurana, representing the applicant, advised that the applicant has
retained the services of a lawyer and planner and further that the appeal to the
Ontario Municipal Board will be dropped if this application stops at City Council.
He stated that this is also a family business and that Mr. Patel is also committed
to the community.
Klara Bergant, 704 Krosno Blvd., advised that she has been in attendance at all
the meetings and that her concerns are with respect to traffic. She stated her
opposition to this application and questioned why another type of business such
as a dry cleaners could not be considered.
Maureen Charlton, 740 Krosno Blvd., questioned why Mr. Patel continues to sell
items not included on the list of allowable goods.
-2-
.~
ATTACHMENT #- 5 TO
REPORT If PO 3ì -03
RECEIVED
JUN 1 B 2003
BO HEUM PARK PROFESSIONAL CORPORATION
BARRISTERAND SOLICITOR
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT
315 SHEPPARD AVENUE EAST
TORONTO, ONTARIO M2N 3B3
TEL: (416) 226-3582
FAX: (416) 226-3736
Hand Delivered
June 16, 2003
City of Pickering
Planning & Development Department
One The Esplanade
Pickering, Ontario
LIV 6K7
Dear Sir or Madam:
Re:
Zoning By-Law Amendment Application A 7/03 - 1381190 Ontario Limited
701 Krosno Blvd.
Block T, Plan M-15
Parts 2 and 3, Plan 40R-2I463
City of Pickering
(
Please be advised that I am the solicitor for David Lim, the owner of Bay Ridges Market located
at 713 Krosno Blvd., Pickering, Ontario. My client has been operating the convenience store from
the aforesaid premises since 1983.
I understand from Information Report No. 16-03 that the owner ofthe property municipally known
as 701 Krosno Blvd. has made the above noted application to amend the existing zoning on the
subject lands to permit the establishment of a convenience store associated with the existing gas
bar.
I submit on behalf of my client that the existing zoning by-law is consistent with the official plans
and has been serving the community well in the past and that the above noted application should
be rejected.
As you are aware, the applicant has been constantly asking various levels of the government to
look at the same issue over and over again. In the most recent application the applicant was seeking
relief from the by-law to redefine the accessory convenience items to include the sale of items such
as lottery tickets, candy, gum, chocolate bars, sliced bread, bagged milk and other dairy products,
in conjunction with the gas bar operation. The said application was rejected and the applicant has
appealed the decision of the Committee of Adjustment to the Ontario Municipal Board. I
ATTACHMENT' 5 TO
REPORT' PO 3\ -O~
understand that the appeal is held in abeyance pending the outcome of the above noted application.
The applicant also made two (2) previous applications with respect to the zoning of the property in
the past. From the 1 5t application, the applicant was successful in obtaining the approval on sale of
accessory convenience items in conjunction with a gas bar operation. However, in both
applications, the Committee of Adjustment clearly stated that the establishment of a convenience
store and a dry cleaning depot associated with the existing gas bar is not permitted on the subject
property.
The existing by-law has been gradually changing to accommodate the development of the
commerce in the area and the growth ofthe community. The Committee of Adjustment's decisions
in the previous three (3) applications reflect the changing nature of the community and the
resulting by-law has been supported by the community and the municipal government to date.
The mix of the existing businesses has been serving well the people in the community, as
evidenced in the letters from the individuals in the area. With already high competition in the area,
the establishment of another convenience store would be contrary to the balanced development of
the commercial activity. It would be of common sense not to encourage more convenience stores
in the area, but to attract more diverse businesses into the area, which has potential to become
centre of the commercial activity in the neighbourhood.
Furthermore, I submit that this application appears to be an abuse of the process. This application
is in essence raising the same issue as in the previous three (3) applications brought by the
applicant. The applicant has brought the same matter before the various levels of the government
over a number of years and this new application in my opinion amounts to an abuse of the
administrative process. The applicant's attempt has been very disruptive to the harmonious growth
of the community and especially detrimental to my client's business, as my client has been
distracted from focusing on his business, in order to meet the applicant's challenge.
Therefore, it is submitted that the above noted application should be rejected and the existing
by-law continues to direct the development ofthe business activity in the area and grows over time
in conjunction with the development of the area.
2
ATTACHMENT '~TO
REPORT , PD~\ -03
RECEIVED
BA Y RIDGES MARKET
713 KROSNO BL VD.
PICKERING, ONT. L1 W 1 G4
TEL./FAX: 905-831-1270
JUN 1 9 2003
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
IN REGARDS TO THE FOLLOWING APPLICATION:
A 7/03 1381190 ONTARIO LTD.
701 KROSNO BLVD.
BLOCK T, PLAN M15 (PARTS 2 AND 3, 40R21463)
JUNE 19, 2003
Good Evening:
I am Maureen Charlton, currently at 867 Hillcrest Rd. but will be moving back to 740 Krosno
Blvd. in July. As most of you know, I have been the manager of 'Bay Ridges Market' for almost
22 years. My family has lived on Krosno Blvd. since 1972. From living and working here most
of my life, I feel that I can offer an opinion that is shared by a lot of people who live in the Bay
Ridges area.
We are a unique community. Throughout all of the development in north Pickering, we have
remained a small close knit community. We have a great cross section of residents, from those
who have been here for 40 years, to young families just starting out, to families such as mine,
who have come back home again. The continued changes at the foot of Liverpool Rd. will
certainly revitalize the area when completed.
But as Pickering has grown, the potential for business growth has moved above Bayly St. and the
401. Growth below the 401 reached it's saturation point many years ago. Several times
throughout the years, there have been two convenience stores operating at the same time, but
eventually we are always back to one. Gone are Macs Milk, Ray's Convenience, and Beckers.
Seven years ago, the Royal Bank in our plaza closed because the growth potential wasn't there
anymore. We have now had two dollar stores in the plaza close down, due to lack of business,
and it has proven difficult for the landlord to rent the existing empty units in our plaza. To me it
is clear that the area cannot sustain two similar businesses so close together. The issue isn't
even so much competition, but survival for both businesses. What the area needs is something
different. Mr. Patel has a great location, I would like the city to encourage him to consider
something we don't have, perhaps expand to a full sit down donut shop and deli, or a pizza
parlour. Or since the Liverpool Rd. development guideline considers the Liverpool/Krosno
intersection a gateway, perhaps a store or service complimenting the Liverpool Rd. changes.
So, now back to why we are here again. As you know there have been 3 attempts already by Mr.
Patel to bring in a convenience store. The result was a bylaw last year to uphold the original
Committee of Adjustment decision of September 2000. It is clear that after 3 times around the
same circle that the city doesn't want to allow another convenience store. Of course Mr. Patel
has generated support for his application, just as we have support in objection to it, as with any
ATTACHMENT # to TO
REPORT # PO 3\ ~03
issue there will be those for, and those against. I would like to submit a collection of letters I
have received from concerned residents reflecting their opposition.
I would also like to point out that as a result of all of the decisions rendered throughout the past
3 years, there is a limited list of items Mr. Patel can offer for sale, but he has continued to sell
large bottles of pop, large bags of chips and lottery tickets, items that he shouldn't have been
àble to sell since the original Committee of Adjustment decision. Clearly he has completely
disregarded these decisions. And due to the continued applications, the city's hands seem to be
tied as far as enforcing these decisions. I also believe these applications are an abuse of the
municipal process. Of course each one has been slightly different in wording, but the general
intent has been the same, and 3 times we've ended up back at the same place. I am also aware
that there is an appeal pending with the OMB regarding last year's committee of adjustment
decision, which is fine, but then why this applicatiOIrtoo?
I understand that he would like to operate similar to Esso and Petro but he should have
considered the zoning situation before he purchased the property.
I would like to ask you all to review carefully all of the background information, and to keep in
mind the uniqueness of the Bay Ridges area. Generally progress is a natural thing, but
sometimes things are just fine the way they are.
I thank you all for considering our position, and hope that you reject this application and uphold
the current bylaw.
Thank You
~Chr~
Maureen Charlton
-------
---.
ATTACHMENT' 7 TO
REPORT' PO 31 -03
RECEIVED
JUN 1 9 2003
Liverpool South Plaza Inc.
35 Frontenac Avenue
Toronto, Ontario
M5N lZ6
C1TY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
May 30, 2003
Attention: City of Pickering
Planning and Development Dept.
One The Esplanade
Pickering, Ontario
.L1V 6K7
Re: Public Hearing
June 19.2003 At 7 pm
lassie Khurana
On behalf of 1381190 Ont. Ltd,
701 Krosno Blvd,
Zoning Change Application
Attention: Mr. Bruce Taylor AM,CT
Dear Mr. Taylor,
We are the owners ofthe property that is adjacent to the property, which is the subject
matter of the application herein for an amendment to the. zoning by-law, Our strip plua
was purchased approximately two years ago. We still have difficulty renting out our
empty units. We pay a substantial amount of property taxes to the city, and would like to
keep and ~stablish a first class renta) environment There is 3500 square feet currently
available for rent and at the end of June 2003~ we will have an additional 3300 square
feet empty because of other similar Dollar stores ìn the area competing with them. We
are opposing the proposed application for an amendment to the zoning by-taw, in our
plaza. just a few feet away from 701 Krosno Blvd. We already have a convenience store
in our plaza. We know from experience that two convenience stores almost side~by-sìde
will not survive. We thank you for your consideration of this matter.
Yours very Truly,
Liverpool South Plaza Inc,
Jaok De t
CC Brai
Barrister and
ATTACHMENT # 8 TO
REPORT # PD 3\-03
Walter M. Norwood
1268 Haller Avenue.,
Pickering, On. Ll W IH8
RECEIVED
JUN 1 9 2003
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
The City of Pickering
The Esplanade, .
Pickering, On.
Re: Application for rezoning # A7/03
Our family have been residents of Bay Ridges for over 30 years. In this
time, we have seen many entrepreneurs come and go.
In our opinion, this application for rezoning is redundant.
We already have a convenience store and a Dollar discount store within 100
metres of the applicant, the area is very well served. There is adequate
parking there. The Bay Ridges Market employs a number of local students,
giving them valuable business experience. We don't need, and can't support,
3 stores in this small area trying to serve the same market.
Bay Ridges is full, aside from some townhouses under construction at the
base of Liverpool Road, there is no room for anything else. This is a mature
marketplace, there is no more Market share out there. Any new share will be
at the expense of other established enterprises.
Traffic is already bad enough, just try to get on Liverpool Road in rush hour.
We do not support the current application for the above reasons.
Thank You and regards.
W. M. Norwood
tv. /f)~
/"
ATTACHMENT #_-3-- TO
REPORT # PO 31-03
RECEIVED
JUN 1 9 2003
JUNE,2003
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
To Whom It May Concern;
Re: the Re- Zoning Application for 701 Krosno Blvd.
This purpose of this letter is to voice my objection to this application.
This matter has been dealt with 3 times, and been turned down.
There is no need for another convenience store in this area.
-,
','
I would support a business that is different than the existing ones in such a
small area.
Thank You, ~ f} Ö~
ADDRESS:
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ATTACHMENT # ID TO
REPORT # PO 31 -03
I
PUBLIC MEETING JUNE 19TH 2003
I/WE Support the rezoning of 70 1 Krosno Blvd, Pickering, to permit the
owner to operate convenience store at this location.
DATE
NAME
ADDERSS
TELEPHONE
SIGNA TURE
)
REPORT TO COUNCIL
ATTACHMENT'
REPORT # PO
I \ TO
31 -03
FROM:
Neil Canon
Director, Planning & Development
DATE: April 24, 2002
REPORT NUMBER: PD 22-02
SUBJECT:
Zoning By-law Amendment Application A 22/01
1381190 Ontario Limited
Block T, Plan MIS
701 - 711 Krosno Boulevard
City of Pickering
RECOMMENDATION:
That Zoning By-law Amendment Application A 22/01, submitted by Ramesh Patel, on lands
being Block T, Plan MIS, City of Pickering, to amend the existing zoning to include a
convenience store in association with the existing gas bar, a dry cleaning depot, and technical
amendments to clarify existing yard requirements on the subject lands, be APPROVED, subject
to the conditions included in Appendix I attached to Report No. PD 22-02.
ORIGIN:
Zoning By-law Amendment Application A 22/01 submitted to the City of Pickering.
AUTHORITY:
The Planning Act, RS.O. 1990, chapter P.13
FINANCIAL IMPLICATIONS:
No direct costs to the City are anticipated as a result of the proposed development.
EXECUTNE SUMMARY:
The subject property is located on the south-east comer of Krosno Boulevard and
Liverpool Road (see Attachment #1- Location Map). The property currently supports a gas bar
operation, which includes the limited sale of accessory convenience store items, and a restaurant
(see Attachment #2 - Applicant's Submitted Plan). A Committee of Adjustment decision in
September of 2000 approved a maximum gross floor area of 64 square metres within the existing
gas bar building dedicated to the limited sale of accessory convenience items. The Committee's
decision limited the sale of accessory convenience items to coffee, chips, donuts, muffins, cakes,
cigarettes and beverages, in single servings for immediate consumption by the traveling public,
and specifically excluded a retail store, and a neighbourhood convenience store. The applicant
proposes to amend the existing zoning on the subject lands to permit the establishment of a
convenience store in association with the existing gas bar and a dry cleaning depot. Technical
amendments to the by-law are also requested to clarify existing yard requirements.
The proposed uses are intended to serve the day-to-day needs of the neighbourhood, and are
considered compatible with other commercial development in the area.
It is recommended that the application be approved subject to the conditions outlined in
Appendix I to this report, to address a limitation on the amount of floor space devoted to the
requested uses and the establishment of specific vehicle parking standards.
Report to Council PD 22-02
Subject: Zoning By-law Amendment Application A 22/01
Date: April 24, 2002
ATTACHMENT I
REm, PO
BACKGROUND:
1.0 Information Meetin!!:
A Public Information meeting was held on February 21, 2002, to discuss the applicant's
proposal. Information Report No. 09-02, which summarizes the applicant's proposal and
outlines the issues identified through circulation of the application, was prepared for the
meeting. The text of the Information Report is provided for reference as Attachment #4.
At the Public Information Meeting, Planning staff gave an explanation of the application.
Mr. Nick Givalas of Givalas Real Estate Ltd. was present to answer questions on behalf of
the applicant. Several members of the public were in attendance, both in support and in
opposition to the proposal. Minutes of the meeting are included as Attachment #5.
2.0 Additional Information
Since the preparation of Information Report No. 09-02, several resident and agency
comments have been received:
Resident Comments in Objection - The City of Pickering Planning & Development
Department has received six letters and a petition signed by 38 area residents in objection
to the proposed zoning by-law amendment. The main concerns expressed by the residents
included:
.
competition - no need for another convenience store in the area;
aesthetics of the subj ect property;
potential increase in traffic at the three-way intersection of Krosno Boulevard and
Liverpool Road; and
safety concerns respecting the proposed installation of a propane tame
.
.
.
The objection letters and petition are included as Attachments #6 to #11 of this report.
No department or agency that provided comments has any objection to the application.
3.0 Discussion
3.1 Appropriateness of the Application
3.1.1 Convenience Store and Dry Cleaning Depot Use
The Pickering Official Plan designates the subject property "Mixed Use Area - Local
Node" which permits the retailing of goods and services generally serving the needs of the
sUlTounding neighbourhoods. Although some of the sUlTounding residents have indicated
that there is no need for another convenience store to compete in the area, it is a use
permitted to be considered for this property under the Mixed Use designation of the
City's Official Plan. Planning review and zoning is intended to address compatibility of
land uses, not competition between business operations.
During the past few years, gas station facilities have shifted their range of services to
include the sale of convenience items, and items associated with the sale of petroleum
products and fuel. The proposed land uses, convenience store (associated with a gas bar)
and a dry cleaning depot are compatible with other commercial development on the site
and within the area. The uses are intended to serve the day-to-day needs of the
neighbourhood residents. It is recommended that the convenience store be permitted only
in association with a gas bar, not as a freestanding store. It is further recommended that
any resultant by-law establish a maximum floor area for the uses, restricting development
of the site to the floor area that generally exists today, while allowing for a potential minor
expansion to the restaurant.
\\ TO
3\ -03
Report to Council PD 22-02
Date: April 24, 2002
Subject: Zoning By-law Amendment Application A 22/01
AT'fAQI;tMENT I--1L-TO
REPORT II PD 3 \ ~Oð
Current zoning on the subject lands permits motels, hotels, places of amusement, open air
farmers market, and parking stations in addition to automobile service stations,
restaurant - type A, and service stores. It is recommended that certain uses be deleted from
the list of permitted uses and that others be updated to reflect current definitions, as
outlined in the chart below.
The following chart identifies the uses currently permitted in a "C3" - Highway
Commercial Zone, the uses requested by the applicant, and the uses recommended by staff:
C3 Zone Permitted Uses Applicant's Requested Staff Recommended Uses
Uses
Automobile Service Stations Retain Retain - Update definition to
Automobile Service Station
-TypeG
Motels No No
Hotels No No
Places of Amusement No No
Open Air Farmers Market No No
Restaurant - TVDe A Retain Retain
Service Stores No Retain - Update definition to
Personal Service Shop (ex.
barber shop, tailor, etc.)
Parking Stations No No
--- -------- --- ---------------- -- - - - Add Convenience Store Yes (only in association with
-------- ---------- ------ ------ ---- - a gas bar)
__n__-- -------------- -- ---- - - ----- Add Dry Cleaning Depot Yes
3.2 Site Planning
The subject application constitutes minor development, as outlined in the Pickering Official
Plan. Therefore, the requirements of the Detailed Review Area designation applying to the
property and surrounding area are not required to be fulfilled at this time. Should any
major building alterations or land use changes be proposed at a future date, the
requirements of the Detailed Review Area for the development of design guidelines, may
be required to be satisfied. The applicant has indicated that no major site or building
alterations are proposed at this time to accommodate the proposed new uses and that this
zoning by-law amendment is an interim step toward future re-development.
The Liverpool Road and Krosno Street intersection is subject to the Council adopted
"Liverpool Road Waterfront Node" Development Guidelines. The guiding vision for the
entire Node is that of a "Great Lakes Nautical Village" with a mix of uses and an ambiance
that is inviting. The Liverpool Road and Krosno Street intersection is intended to create a
"gateway" to attract travelers down Liverpool Road by maintaining visual continuity and
interest between Bayly Street and the 'Nautical Village', which will consist of many design
elements. Design elements may be implemented by the City on the City-owned
sight triangle located at the south-east comer of Krosno Boulevard and Liverpool Road,
adjacent to the subject site. Due to the limited nature of this application, no design
elements are recommended on the City land.
Although the application does not propose to alter the existing buildings on the lands, some
site improvements are recommended. There is a need to enhance the general appearance of
this site, including such elements as site paving, parking, curbing, landscaping
enhancements, garbage storage, and site clean up. The applicant has submitted a site plan
indicating the proposed parking layout and function (see Attachment #3). It is
recommended that the site plan issues highlighted above be addressed to the City's
satisfaction through a site plan agreement with the owner, prior to the implementing by-law
being fOlwarded to Council for consideration.
Report to Council PD 22-02
Date: April 24, 2002
Subject: Zoning By-law Amendment Application A 22/01
A TlWlHMENT #
REPORT # PO
The CUITent parking standard for the subject lands is 5.5 spaces per 93 square metres of
gross leasable floor area. Based on the total existing gas bar operation and restaurant floor
area, a total of 12 parking spaces are cUITently required on-site. The site presently
functions as two independent parcels, with the restaurant on the most easterly portion. It is
recommended that the implementing zoning by-law establish a parking ratio of 8 spaces per
100 square metres of gross leasable floor area be established for a :fi:eestanding restaurant.
The site has adequate area to meet this higher parking ratio.
3.3 Traffic
Schedule II to the Pickering Official Plan designates Krosno Boulevard and the portion of
Liverpool Road south of Bayly Street as collector roads. Collector roads generally provide
access to individual properties, to local roads, to other collector roads and to Type C
arterial roads. They carry greater volumes of traffic than local roads, including
automobiles, pedestrians, bicycles and transit. Residents have expressed concern about the
potential increase in traffic at the three-way intersection of Krosno Boulevard and
Liverpool Road as a result of the proposed zoning amendment. Municipal Property &
Engineering staff advised that they have no concern with the applicant's proposal and do
not consider the additional uses to be significant traffic generators.
3.4 . Propane Tank
A site plan application for the installation of a horizontal propane tank was processed and
approved prior to the submission of this rezoning application. The City's Fire Prevention
Officer reviewed safety concerns respecting the installation of the tank and had no
objection provided the installation met all applicable Ontario Building and Fire Code
requirements. The installation of the propane dispensing tank will be in accordance with
the Ontario Propane Storage, Handling and Utilization Code, as prescribed under the
Energy Act. Aesthetic concerns regarding the propane tank may be further investigated
and addressed through the site plan approval process recommended as a condition of
zoning approval.
3.5 Implementing Zoning By-law and Yard Requirements
The preliminary site plan indicates that the additional uses can be appropriately introduced
provided the applicant obtains site plan approval prior to the preparation of an
implementing by-law. The implementing by-law will establish permitted uses, minimum
yard setbacks and other zoning requirements to clarify technical matters of by-law
interpretation (see Appendix I).
4.0 Applicant's Comments
The applicant has reviewed the contents ofthis Report, and concurs with the content.
\ I TO
3\-O~
Report to Council PD 22-02
Date: April 24, 2002
ÞpJ~~MENT # , \ TO
REPuRT # PO ~ 1-03
Subject: Zoning By-law Amendment Application A 22/01
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Location Map
Applicant's Submitted Plan
Parking Layout and Function Site Plan
Text offuformation Report
Statutory Public Information Meeting Minutes
Objection Letter - BeJmont, Fine & Associates
Objection Letter - Bay Ridges Market
Objection Letter - Pickering Panthers Junior "A" Hockey Club
Objection Letter - Nancy Soltys
Objection Letter - Chris Wright
Objection Letter - Bay Ridges Market Petition
Prepared By:
Approved / Endorsed By:
Perry Korouyenis
Planning Technician
Neil Carroll
Director, Planning & Development, MCIP, RPP
Lynda D. Taylor, MCIP, RPP
Manager, Development Review
PXK:pr
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of Pickering
City Council
Thomas 1. Quinn, Chief Administrative Officer
ATTACHMENT I
APPE~m 1J'D
REPORT NO. PD 22-02
RECOMMENDED CONDITIONS OF APPROV AI, FOR
ZONING BY-LAW AMENDMENT APPLICATION A 22/01
1.0
That, the implementing Zoning By-law:
(a)
permit automobile service stations - Type G, restaurant - Type A, personal service
shop, convenience store (only in association with a gas bar), and dry cleaning depot;
and
(b) include, but not be limited to, the following provisions:
(i) minimum building setbacks;
(ii) exclude motels, hotels, places of amusement, open air fanners market, and
parking stations as permitted uses;
(iii) establish a parking standard of 8 spaces per 100 square metres of gross
leasable area for any restaurant use and retain 5.5 spaces per 100 square
metres of gross leasable area for all other uses;
(iv) restrict gross floor area to 120 square metres for convenience store (in
association with gas bar), dry cleaning depot, and personal service shops; and
(v) restrict gross floor area to 135 square metres for restaurant.
2.0
That, prior to the forwarding of the implementing zoning by-law to Council, the
applicant/owner shall:
(a)
obtain site plan approval for the appropriate site improvements from the City's
Director of Planning & Development; and
(b) enter into the appropriate agreement(s) with the City of Pickering to secure works
required through the site plan approval process.
t I TO
31103
REPORT' PO -'1~') '1. "'..
ATTACHMENT~.' TO
REPORT # PO 1-C>,3
FR£NCHMAN'S
84Y
City of Pickering
PROPERTY DESCRIPTION BLOCK T, M-15
OWNER 1381190 ONTARIO LTD.
Planning & Development Department
APPUCATION No;
A 22101
DATE FEB. 11,2002
SCAlE 1:7500
DRAWN BY RC
CHECKED BY ÞK
l'
FOR DEPARTMENT USE ONLY
PN.3
PA.
'ATTACHMENT' '"'~ ro,
REPOßTI PI) '~'1.- ð?-'-
ATTACHMENT' /1 TO
REPORT I PO 3/~o 3-
INFORMATION COMPILED FROM APPLICANT'S SUBMllTED PLAN
A 22/01
. 1381190 ONTARIO LTD.
----
I&B
- -----
-
0
'@
OLCO
STATION
-
.~
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING
. PLANNING I. DEVEl.OPMENT DePAR'!MEHT.
INFORMATlOH & SUPPORT SERVICES.
JANUARY 18, =.
REPORT' PO
)-'1- (J'J...
ATTACHMENT # . It... TO.
REPORT # PD~
INFORMATION COMPILED FROM APPLICANT'SSUBMllTED PLAN
1381190 ONTARIO LTD.
A 22/01
--
~
~
THIS MAP WAS PRODUCED BYTHE C¡¡y OF PICKERING
PLANNING & DEVELOPMENT DEPARTMENT.
INFORMATION & SUPPORT SERVICES'
APRIL 24, 2002:
"ATTACHMENT' 4 - TO"-,
REPORT I PO ':!. J.. - n'J .
ATTACHMENT' / / . TO
REPORT I PO ~ / - 0 ~
INFORMATION REPORT NO. 09-02
FOR PUBLIC INFORMATION MEETING OF
February 21, 2002
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zonmg By-law Amendment Application A 22/01
1381190 Ontario Limited
Block T, Plan MI5
701 - 711 Krosno Boulevard
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the south-east corner of Krosno Boulevard and
Liverpool Road and is approximately 3,533 square metres in size and has a
Krosno Boulevard lot frontage of 58 metres;
a property location map is provided for information (see Attachment #1);
- the subject property cUlTently supports a gas bar operation, which includes the limited
sale of accessory convenience store items, and a restaurant;
- the sUlTounding land uses are primarily residential to the north and south, and
commercial to the east and west;
a reduced site plan, compiled ftom the applicant's submitted plan, showing the
existing site, is provided for information (see Attachment #2).
2.0
APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing zoning on the subject lands to permit the
establishment of a convenience store and a dry cleaning depot associated with the
existing gas bar, and technical amendments to clarify existing yard requirements; -
- no site or building alterations are proposed at this time to accommodate the proposed -
new uses; .
a Committee of Adjustment decision (File: PICA 44/2000) in September of 2000,
approved a maximum gross floor area of 64 square metres within the existing
building dedicated to the limited sale of accessory convenience items;
the sale of accessory convenience items was limited by the Committee of Adjustment
to coffee, chips, donuts, muffins, cakes, cigarettes and beverages, in single servings
for immediate consumption by the travelling public, and specifically excluded a retail
store, and a neighbourhood convenience store.
3.0
OFFICIAL PLAN AND ZONING
3.1
Durham Rel!Ïonal Official Plan
the Durham Regional Official Plan identifies the subject lands as being within a
"Living Area" designation, where lands are to be used predominantly for housing
purposes; .
in addition, convenience stores that are compatible with their surroundings with
limited retailing of goods and services, Ïi1 appropriate locations may be permitted;
- the applicant's proposal appears to comply with this designation;
4.3
Information Report No. 09-02
REPORT #. PO 'J..f J... -n 'L
Page 2
3.2
ATTACHMENT' II TO
Pickerin2 Official Plan REPORT I PD~
the subject property is designated "Mixed Use Area - Local Node" within the
Bay Ridges Neighbourhood; .
mixed use areas are areas and coITidors of development having the highest
concentration of activity in the City and the broadest diversity of community services.
and facilities; .
this designation permits residential, retailing of goods and services generally serving
the needs of the surrounding neighbourhoods, offices and restaurants, community,
cultural and recreational uses;. .
in the "Mixed Use Area - Local Node" designation, the Pickering Official Plan
establishes a maximum gross leasable floorspace for the retailing of goods and
services of up to and including 10,000 square metres and a maximum floorspace
. index (total building floorspace divided by total lot area) of up to and including
2.0 FSI;.
Schedule II to the Pickering Official Plan designates Krosno Boulevard and the
portion of Liverpool Road south of Bayly Street as collector roads;
collector roads generally provide access to individual properties, to local roads, to
other collector roads and to Type G arterial roads; carry greater volumes of traffic
than local roads, including automobiles, pedestrians, bicycles and transit; and
generally have a right-of-way width ranging ITom 20 to 22 metres;
the applicant's proposal appears to comply with tills designation;
the Liverpool Road and Krosno Street intersection is subject to the Council adopted
"Liverpool Road Waterfront Node" Development Guidelines; .
the guiding vision for the entire Node is that of a "Great Lakes Nautical Vi11age" with
a mix of uses and an ambiance that is inviting; .
the Liverpool Road and Krosno Street intersection is intended to create a "gateway"
to attract travelers down Liverpool Road by maintaining visual continuity and interest
between Bayly Street and the 'Nautical Vi11age';
the "gateway" is to consist of many design elements that wiII be implemented on the
public right-of-way;
3.3
Zonine: Bv-Iaw
the subject property is currently zoned "C3" - Highway Commercial Zone by
By-law 2520, as amended;
this zoning permits the establishment of automobile service stations, motels, hotels,
places of amusement, open-air farmers' market, a restaurant - type A, service stores
and parking stations;
an amendment to the by-law would. be required to implement the applicant's
proposal.
4.0
RESULTS OF CIRCULATION
4.1
Resident Comments
no written resident comments have been received to date;
4.2
Ae:encv Comments
the Durham District School Board has reviewed the application and has stated that it
has no objections;
Staff Comments
in reviewing the application to-date, the following matters have been identified by
staff for further review and consideration:
.
impact on the streetscape of the Krosno Boulevard and Liverpool Road
intersection;
InfoIUlation Report No. 09-02
ATTACHMENT 1.....:1.- TO
REPORT' PO ?-.. 'À. - (¡?-.
Page 3
ATTACHMENT I / / TO
REPORT # PO I~ /.ð.3
. the scale and appropriateness of the proposeq. uses in relation to abutting
commercial properties and sunounding residential properti,ès;
. potential floor area res1rictions on PrQposed uses;
. traffic gèneration and on-site parking availability;
. . vehicular access and egress;
. landscaping; . . .
. pedestrian access/egress and safety;
. . site lighting; .
,tI applicant has indicated the potential for a possible land severance of the subject
property, therefore land severance impacts shall be considered;
. staff will teview.the need to update'mid clarify existing by-law definitions and
provisions to. reflect cunent standards for newer gas bar operations and
commercial, uses. . .
5.0
PROCEDURAL INFORMATION.
"---
- written comments regarding this proposal shomd be directed to the Planning &
Development Department;
oral comments may be made at the Public Information Meeting;
all co:rinnents received will be D,oted and used as input in a Planning'Report prepared
by the Planning & Development Department for a subsequent meeting of Council or a.
ConrnmtteeofCouncil; .
if you wish to reserve the option to appeal Council's decision, :You mm¡t provide
comments to the City before Council adopts any by-law for this proposal; ,
- if you Wish to ,be notified of Council's depision regarding this proposal, you must
, request such in writÍIJ.g to the City Cler~. ,
6.0
OTHER INFORMATION
6.1
Appendix I
list of, neighbourhood residents, community associations, agencies and
City Departments that have colIl.IÌlented on the application at the time of writing
report;. .
6.2
Information Received
..-.
full-scalè copies of the Applicant's . submitted plan are available for viewing at. the
offices of the City of Pickering Plamúng & Development Department;
6.3,
Company Principal
the applicant advises that the principal of 1381190 Ontario Limited is :Mr. Ramesh
Patel. ' .
-Po K=~
Perry Korouye s -
Planning Technician
PXKlpr
Attachments
Copy: Director, Planning & Development
REPORT # PD '1? - (¡ ')....
ATTACHMENT' . It.-- TO .
APPENDIXITO REPORT # PD~". 31-D3
INFORMATION REPORT NO. 09-02
COMMENTING RESIDENTS AND LANDOWNERS
(1)
none received to date
COMMENTING AGENCIES
(1)
The Durham District School Board
COMMENTING CITY DEPARTMENTS
(1)
Planning & Development Department
ATTACHMENT I 5 TO .
REPORT # PD' -?. ':1.. - () ':L Excerpts from the
Statutory Public Information Meeting Minutes
. . Pursuant to the Planning Act
II TO
3/ -03
Thursday, February 21, 2002
7:00 P.M.
Chair: Councillor Holland
HMENT #
REPORT # PO
The Manager, Policy, provided an .overview of the requirements of the Planning Act and the Ontario
Municipal :Soard reSpecting this meeting and matters under consi~eration there at.
(II)
ZONING BY-LAW AMENDMENT APPLICATION A 22/01
1381190 ONTARIO LIMITED
BLOCK T, PLAN MIS
(701-711 KROSNOBOULEVARD)
'-
1.
Peny Korouyenis, Planning Technician, provided an explanation of the application, as outlined
in Information Report #09-02.
2.
Maureen Charlton, 867 Hillcrest Road, stated that this application should not be permitted as
there are enough businesses in the .area properly zoned to service the neighbourhood. She stated
her concerns with respect to the proposed or existing propane tanks. She advised that lottery
tickets and large food items are being sold at this establishment without proper zoning.. The area
is .not large enough to support two similar businesses.
-
3.
Agnes Deutsch, OWI\er of the property. adj acent, stated that this application conflicts with the
development presently taking place in her plaza. She stated her strong opposition to this.
application. .
4.
Brent Copin, Fairview Ave., advised that he :trequents both establishments and believes in
competition.
5.
At resident at 1295 Wharf St., advised that he also purchases items at both stores and sees no
problem with competition.
6.
Joanne Key, 1303 Luna Court, advised that she sees no problem with the proposal and also
:trequents both stores. . She is anxious to have a dry cleaning facility in the area..
7.
Sylvain Trepanier, 1218 Monica Cook Place, questioned if market research has been done in the
area to ensure sustainability :trom the Bày Ridges area. He questioned if the applicant is opposed
to building one or the other or must they both be built together.
8.
Danny Murphy, 804 Helen Cres., stated that allowing the gas station to sell lottery tickets and
large items prior to rezoning circumvents good faith.
9.
George Vlachos, 724 Annland St., stated is agreement with the application and is in favor of
competition.
10.
Nick Devalis, representing the applicant, advised that tins is a two point plan to redevelop the
property, develop a first class station eventually to enhance the area and improve the site.
11.
Kash Joshi, 196 Joseph Aaron Blvd., applicant, stated that he is not going to ask for all the items
sold by a convenience store.but wishes to sell only the items other gas stations. carry.
Cathy Rose, Manager, Policy, advised that Council may choose to approve either the
convenience store or the dry cleaning depot or both. She further stated that a review of the
circulation of this item will be undertaken.
12.
REPORT I PO ? '1. - (Î'L
ATTACHMENTI_1\ TO
REPORT II PO 31-ö3
. .
(It ~;~~~Ci~~NE & AsSOCIATES
Brian D. Belmont, LL.B
Suite 601
1120 Finch Avenue West
Toronto, Ontario M3J 3H7
Telephone: (416) 661-2066
Facsimile: (416) 661-2116 .
DELIVERED VIA FACSIMILE
(905) 420-7648 AND REGULAR MAIL
CUTV OF PIOKERING
PIOKI!FIINCi. ONTARIO
r 'f:';'E' """EQ";';';~'
. '~"= I'. : 'ff f""" "
'~ '" .~, .~ ,0 """
FEB 1 4 2002
Oíï"""-"",,ú~GJ
. Lt,NI'HNa HI)
DEVE:LCPMENì DEPARìMENì~. ;
".=.=-, .=----
February 12, 2002
File No, 01-233
City of Pickering .
Planning & Development Department
One The Esplanade
Pickering, Ontario
L1V6K7
Attentíon: Perry Korouyenis
Dear Mr. Korouyenis:
Zoning By-law Amendment Application A 22/01
1$81190 ÓÍ1tario Limited... ,',.. "
Block T,Plan Mi5 .
701 - 711 Krosno Boulevard (South-East corner of Krosno and Liverpool)
City of Pickering ,
Please be advised that I represent Liverpool South Plaza Inc. My client is the owner of the
property that is adjacentto the property which is the subject matter of the application herein
for an amendment to the zoning by-law. '
RE:
Please be further advised that my ciieint opposes the' proposed application for an
amendment to the zoning by-law. .
. .
Liverpool South Plaza Inc. recently purchased the adjacent property, which is a strip plaza
specializing in retail stores serving the surrounding neighbourhoods. As the owner of this
property, my client pays a substantial amouflt of Pf9perty taxes to the City; this, in addition
to my client's efforts to cultivate and establish a first class retail environment means, we
would re~pectfl,llly submit, that my client has become an important part of the commercial
9ndscap~ .!n the subject ~rea. .
My cl!ent re¡:;pectfully submits that the proposed amendment to the zoning by-law
significantly conflicts with the commercial development taking place ili my client's plaza,
. . ,
offices in Scarborough & Brampton
in association not à partnership
ATTACHMENT to 6 TO
REPORT # PD ?--?- - ð 'À
ATTACHMENT I /1 TO
REPORT II PD,.,_.o~,..3.L:..~.¿- 0.0
~ BELMONT, FINE & AsSOCIATES
2
which is a substantially more attractive, valuable and commercially important property as
far as the surrounding area 0 is concerned. Due to the recent departure of a couple of
tenants, my client's plaza presently has approximately 8,000 square feet of available rental
space, which presents an exciting opportunity to further enhance and develop the retail
environment in this area. My client's intention is to secure a new tenant in a portion of the
available space to operate a thriving convenience store (and potentially a dry-cleaning
depot), and my client has been working vigorously to achieve this objective. It is
respectfully submitted that the proposed amendment would substantially conflict with both
the present and imminent development on my client's property. There is no need for a
second convenience store on the adjacent property (which, as stated above is not nearly
as attractive and valuable as my client's property); further, it would seriously inhibit the
development of a thriving retail environment in my client's strip plaza.
Accordingly, as stated above, my client Liverpool South Plaza Inc. strongly opposes the
proposed application for an amendment to the zoning by-law.
In addition, my client wishes to,be notified of any subsequent meetings called to address
this matter, and further requests to be notified of the pasSiing of any zoning by-law
amendment. ' . 0
We thank you for your kind consideration of this matter.
y~
¡ø-: BRIAN D. BELMONT
0 BDBltrh .
cc. Uverpool South Plaza Inc.
""."'"mv¡¡:¡v't ' IV
REPORT I PD 'J,. 'J... - 0 'J...
ATTACHMENT'
REPORT # PO
JI TO
3i-O3
.-
'BAY RIDGES MARKET
713 KROSNO BLVD.
PICKERING, ONT. LlW 1G4
905-831-1270
FEBRUARY 21,2002
RECEIVED
. FEB ,2 1 2002
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
My name is Maureen Charlton. I have been store manager of 'Bay Ridges.
Market' for most of the 20 years I've worked there. I am speaking tonight
on behalf of the owners, David and Jenny Urn and myself. !.M-Jorlvm<V-e-Ly .
. . . \'¥Vb U IY\ '\co\G \ \"'( 5\.A..Me i\\
Simply, our concerns are the following: ->te~ "" os~ ~ rm~t\~ ':{
. There are enough businesses properly zoned, in the immediate area to
serve the needs of our community. What the area needs is some
. diversity, not more of the same. We feel the ~xisting zoning is brood
enough to allow mam.' other uses.
. The 3-waystop at the corner of Liverpool Rd. & Krosno Blvd. is already
extremely busy. We are concerned about increased traffic, especially for
those residents directly opposite on Krosno Blvd.
. We are also concerned about a proposed(or existing) propane tank on
the property, since there are a lot of homes. businesses and schools very
close by. . .
In September of 2000. we attended ° 'committee of adjustment' meeting
regarding.o bylaw amendment for this property- The amendment was
approved subject to the following(P/CA44/00) . .
"That the limited sale of accessory convenience items be limited to coffee,
chips, donuts. muffins, cake, cigarettes and beverages. IN SINGLE SERVINGS
FOR IMMEDIATE CONSUMPTION BY THE. TRAVELING PUBLIC. but not include
a .retail store, or a neighbourhood convenience store." At the same'
meeting, Mr. Dacres, an agent for the applicant. stated that the display
stands were not intender;j for the sale. of convenience store items, but for
automotive supplies. Since that. meeting, the following items have been
offered for sale: .
. Potato chips in lárge sizes(270grams+) .
. 2 Litre bottles of pop
. Cans of pop sold by the case
. Lottery tickets
ATIACHMENT#-1--._TO
REPORT¡ PD ,).:;... - Ô 'Á.
ATTACHMENT¡!- /1 TO
, REPORT # PO 3/- 0 3
While perhaps some people do consume these sizes in one sitting, thev are'
generallv considered take home packages.
In September of 2001, I informed bvlaw officer Kimber"" Thompson of our
concerns regarding these items. She originallv asked the owners to remove
the lotten; tickets within one month: When I followed up on Novemberl,
2001 " she informed me of their intention to apply for rezoning, and that
instead thev could continue selling them while waiting for the rezoning issue
to be settled. We feel that they should stop selling the tickets and large
items, until such a decision is made.
, "
Also we would like to point out that we did "not receive notification of this
meeting, and while some of the residents did receive one, man\¡! we know
didn't; including Mr. Scott Ramage, who though unable to be here this
evening has strongly expressed his objection in this matter as well.
'On a personal level, I would like to sai,J, we've been around a long time, I
myself grew up on Krosno Blvd, and we've seen a lot of changes, good and
bad. We consider our customers part of our familv, we've provided manv
jobs to the voung people of our communitv and all we would like to see is
something different, to enhance the area and local businesses, not saturate
it with too much of the same thing. Thank You.
Sincerely,
David Um
Jenny Um
Maureen Charlton
REPORT Ii PD...2¡~--71,?:
ATTACHMENT #
REPORT # PO
21-FEB-2002 11 :6AU FROU-Mlchael Boyer Pontiac Buick 905-420-0299 T-m P,OOZlOO2 F-66T
, ...-- . -... I-"lcKenng -,èlnlrJ~rS
\
'- . . Junior "A" Hockey Club
. .' Members of ~he Ontario Provlncic!1 Junìor Hockey League
. '. . 2001-2002 3fih Annivsl'Sãty 5ef)$()/7
.~.._, -.. ,-
.--.-.,.. . -"---""'-'..-
:February 20,2002
City Of Pickering
Town çQuncl/
The purpose of this letter Is to provide support to Ms.Maureen
Charlton,manager of Bay Ridges Market.
..
Bay Ridges Market lias been supporting Pickering Panthers .:Junior "Air Hockey
with the sale of Nevada gaming tIckets.
Since late summer of last year our sales have dropped dramatically! .
"
After conversation with Ms.Charlton, It is our understanding that the sale of
nevada tickets by the adjacent OLeo ga!¡ ber may contravene local by-Jaws.
Further, thet In the August/September 2001 timE¡ frame, a bY-law officer
gave them 30 days "To get rid of them".
Without thé continued proceeds from the. sale of Nevada tickets by Bay
Ridges the future exIstence of the Pickerl1g'Panthers JunIor "A" Hocke.yteam
is in serious jeopardy.. .
Michael Boyer
. ~~A4.~/. ~
Pr:Sidenl-----: -. .' '.
;l
\ I ..10
3i-O3
"
Korouyenis, Perry
From:
Sent:
To:
Cc:
Subject:
AITACHMENT# ~ 9 _TO
REPDRTI PO').. ":2-.- 0 '1-
ATTACHMENT #- II TO
REPORT # PO 3 / - () "3
McLean, Bill - Councillor.
Tuesday, February 26, 2002 8:39 AM
'nancy@soltys.ca'
~Planning & Development
RE: Road safety
Thank you Nancy.for your e mail. I will forward your concerns about the propane tank to
the planning departm~nt. As far as the lights there are strict requirements that have to
be met before traffic lights can be installed. We will monitor this situation and .see how
much traffic does increase. If there are any other concerns please do not hesitate to
call. .
-----Original Message-----
From: Nancy Soltys [mail to: naJ?cy@soltys . ca].
Sent: Monday, February 25,2002 10:09 PM
To: McLean, Bill - Councillor
subject: Road safety
Dear Councillor McLean:
i have a concern for the corner of Krosno and Liverpool. with the Upgrades
that the service station wants to implement there is going to be an increase
of traffic. If the proposed propane. tank goes through we will have a large
increase of commercial traffic as these vehicles are being switched over to
propane. I do not have any problems with any of the. upgrades to the station.
And it would be great for business in the area. I do hope that a light will
be installed at the corner of Krosno and Liverpool as the increase of
traffic from the service station and the waterfront project will make this
already difficult corner into a Zoo. I must say as of now there is some
mornings it takes me 15 min. to get out of my driveway.
Yours trully:
Nancy Soltys
nancy@soltys.ca
REPORTI PO ?- 1 - 0 i.-
ATTACHMENT I 11 . TO
REPORT # PO 31 -03
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-.i\TTAGHMENH- [ I TO
REPORT # PD ~?-. - 0 '.l..
BAY RIDGES MARKET
713 KROSNO BLVD.
, PICKERING,'ÖNT. L1W 1G4 '
905-831-1270
FEBRUARY 28,2002
RE: Zoning By-Law Amendment Application A 22/01
1381190 Ontario Ltd.
Block T,PlanM 15
701-711 Krosno Blvd.
City of Pickering
ATTt\CHMENT # /1 TO
REPORT # PO -q I rO ~
RëCel'VEO
FEe 2 8 2002
CITy OF
Pl.IWNING & bkCI<\E:RINQ
, DE;PAF!ìrX:~?PMENr
I attended and spoke at last week's public information meeting regarding this application,
and also submitted a written copy of my comments so I will not repeat them here.
I am enclosing a letter from a concerned resident as well as 2 pages of signatures from
other residents who object to this application.
I would like to emphasize that while competition is always an issue. It is notour main
concern. there are many other issues that are more important, as I've .already stated in my
previous comments, so please consider those when making 'your decision.
I would like to thank you for the opportunitl,l to express our concerns. both as small
business owners and residents of this area.
Sincerely,
l /ìlcwAffrv CXar (~
Maureen Charlton
per David Um
REPDRTD-PD -.r¡:-ï:O-i-
ATTACHMENT ,-1'#._-- TO".
REPORT I PC 31 -03
~ece'VeD'
FEa 2 8 2
FEBRUARY 21 2002 . . . 002
, ~~~
PLANNN~ & ~k~ti~fi'NG
REGARDING ZONING BY-LAW AMENDMENT APPLICATION 'FOR jfft!:ij~E!fJr MENr
KRQSNO BLVD.
IN SIGNING THIS WE STATE OUR OBJECTION TO THIS APPLICATION
-;;.
LI W 10.3
"'
Çl'/d :fMjY/T IT" $/,/?¿;::- .
ATTACHMENT I í ¡ . TO
REPORT i PO 'l '1- () 'd-
ATTACHMENT I
REPORT (J PO
/1. TO
3/-0 3
. . (
RECEIVED
FEB 2 8 2002
". FE8RUARV 21,2002
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
REGARDING ZONING 8V-LAW AMENDMENT APPLICATION FOA 701-711
KAOSNO BLVD.
IN SIGNING THIS WE STATE OUR 08JECTION TO THIS APPLICATION
. .
.::i
ADDRESS
'i~'
":
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