HomeMy WebLinkAboutBy-law 4750/96 INTERDEPARTMENTAL MEMORANDUM
CLERK'S DEPARTMENT
July 23, 1996
TO: Mayor Axthurs and
Members of Council
FROM: Bruce Taylor
Town Clerk
SUBJECT: Car Wash at Northeast Corner of Whites Road and
Oklahoma Drive
At a public hearing on March 28, 1995, the Ontario Municipal Board approved the gas bar
and car wash use on lands at the northeast comer of Whites Road and Oklahoma Drive
owned by Mr. H. Swais on condition that the Town and the owner of the property enter
into an agreement to regulate the hours of operation of the car wash in order to prevent any
disruption to surrounding residents from the operation of the facility in the hte evening or
early morning hours.
As a result of this direction, Council considered By-law 4750/96 at its regular meeting of
March 18, 1996 to authorize the execution of an agreement with Mr. Swais to restrict the
hours of operation of the car wash facility from 7:00 a.m. to 9:00 p.m. daily. This By-law
was tabled at that meeting.
On June 17, 1996, the Town Manager advised Council of the stares of this By-law and
sought directions on how to proceed with this matter. Council requested that the
agreement be circulated to the affected neighbouring residenfml property owners and other
interested individuals for information and comments.
Please find attached to this memo a copy of the letter from the Director of Planning dated
July 5, 1996 circulating the agreement as instructed. This matter is now before Council to
lffi By-law 4750/96 from the~hable and have it considered.
Bruce Taylor, AMCT, CMM
Town Clerk
Identical lett~sent to nsmes on the attached
July 5,1996
Dear Sir or Madam:
RE: Pctro-Canada Gas Bar and Car Wash
Agreement to Regulate Hours of Operation
of Car Wash Facility
555 Whites Road South
(Northeast comer of Whites Road and Oklahoma Drive)
Town of Picketing
At a public hearing on March 28, 1995, the Ontario Municipal Board
determined that it will approve amendments to the Town's official plan and .
zoning by-law which will permit a gas bar and car wash use on the ahove-noted
property. As a condition of the approval, the Ontario Municipal Board directed
that the Town and the owner of the property enter into an agreement to regulate
the hours of operation of the ear wash in order to prevent any disruption to
surrounding residents from the operation of the facility in late evening or early
morning hours. This direction was imposed based on resident concern
expressed at the hearing. The owner of the property and surrounding residents
in attendance at the hearing mutually agreed that appropriate operating hours
for the car wash would be dally from 7:00 a.m. to 9:00 p.m. The Ontaho
Municipal Board determined that it will issue its formal 'order' on this matter
once it is advised by the Town Clerk that an hours of operation agreement has
been entered into.
A draft hours of operation agreement to legally secure this level of
neighbourhood protection has now been prepared and will be considered by
Town Council at their regular meeting on Tuesday, August 6, 1996, in the
Council Chambers of the Picketing Civic Complex, One The Esplanade,
Picketing, Ontario.
Prior to Council's consideration of the draft agreement, Ward 1
Councillors Maurice Brenner and David Ryan requested that the agreement be
circulated to the affected neighbouting residential property owners and other
interested individuals for information and comments. Please review the
enclosed agreement and, should you have any questions or comments, contact
either myself at 420-4660, extension 2025, or Mr. Jeffrey Cole, Planner, at
420-4660, extension 2033. If we have not heard from you by Friday,
August2, 1996, we will assume that you have no concerns respecting the
enclosed agreement.
.... continued
Please note that you may also address Town Council directly respecting
this matter at the August 6, 1996 meeting, provided that you notify
Mr. Bruce Taylor, Town Clerk (420-4660, extension 2153) of your intentions
prior to July 31, 1996.
Yours very truly, ~
JGC/ph Director of Planning
Enclosure
cc: Mr. C. M. T. Sheffield, Town Manager
Mayor Arthurs
Councillors
FirstName LastName Addre~sl City PostalCode
N. & E. Francis 775 Hampton Court Picker/ag, Ontario L IW 3M3
J. & P. Prisimitzis 777 Hampton Court Pickering, Ontario L 1W 3M3
D. & P. Cameron 779 Hampton Court Picketing, Ontario L1W 3M3
G. & P. Lue 781 Hampton Court Picketing, Ontario LIW 3M3
R. & A. Taharally 732 Abingdon Court Picketing, Ontario LIW 3M7
P. & S. Lamarre 730 Abingdon Court Picketing, Ontario L1W 3M7
N. & R. Mungal 728 Abingdon Court Pickering, Ontario LIW 3M7
J. & J. Djctxay 726 Abingdon Court Picketing, Ontario L1W 3M7 ;]~{ ~t,
IL Ward R.R. #2 Blaekstock, Ontario LOB lB0 4' r~,~t*qtq.2.
S. Mills 760 Hampton Court Picketing, Ontario L1W 3M3 ~.l~t,'~,~*"~4
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4750/96
Being a by-law to authorize the execution of an
agreement restricting the hours of operation of the car
wash facility located at 555 Whites Road South,
Pickering.
WHEREAS H. Swais Limited and Hatem Swais desire to enter into a written agreement with the Town
of Pickering to restrict the hours of operation of the car wash facility located at 555 Whites Road South,
Pickering;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and the Clerk are hereby authorized to execute an Agreement in the form attached
hereto as Schedule A with H. Swais Limited and Hatem Swais regarding the hours of operation
of the car wash facility located at 555 Whites Road South, Picketing.
BY-LAW read a first, second and third time and finally passed this 6th day of August, 1996.
Wayne Arthurs, Mayor
TOWN OF ~2~v~7" ,.~r~,-~---,, z~
PICKER!NG ~~ ~
LE~qL )E~'F,
File: L939211
THIS AGREEMENT made this day of ,
BETWEEN:
DRAFT
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the 'Town'
OF THE FIRST P;%~T,
and -
H, SWAIS LIMITED
hereinafter called the "Owner'
OF THE SECOND PART.
WHEREAS the Owner herein is the registered owner, in fee simple,
of the lands affected hereby; and
WHEREAS Richard Ward and Sandra Mills had appealed to the Ontario
Municipal Board under subsection 34(19) of the Planning Act,
R.S.O. 1990, c.P.13 against Zoning By-law 4062/92 of the Town of
Picketing, OMB File No. R920440; and
WHEREAS the M~nlster of Municipal Affairs had referred to the
Ontario Municipal Board under subsection 17(11) of the Planning
A~, R.S.O. 1990, c.P.13, proposed Amendment No. 78 to the
Official Plan for the Town of Picketing, Ministry Fil~ No. 18-0P-
0023-078, OMB File No. 0930142; and
WHEREAS the Ontario Municipal Board has indicated that the Board
will dismiss the appeals with respect to Zoning By-law 4062-92
and the Board will approve Official Plan Amendment No. 78 upon
being advised by the Clerk of the Municipality of Pickering that
an agreement has been entered into between the Owner and the Town
with respect to the hours of operation of the car wash on the
affected lands;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of One Dollar ($1.00) now paid by each party to the
other, and other good and valuable consideration, receipt of
which is hereby acknowledged, the Parties hereto agree as
follows:
The Owner shall operate the car wash facility located on the
affected property only between the hours of 7:00 a.m. and
9:00 p.m. daily.
DRAP
This Agreement shall enure to the benefit of and be binding
upon the Parties hereto and their respective heirs,
administrators, executors, successors and assigns.
WITNESS WHEREOF the Parties hereto affixed their respective
corporate seals attested to by the hands of their proper
officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
M. SWAIS LIMITED
described ae Pa~'~ 1 on Reference Plan 40R-13864. being part of
ghe l~nd ~r~v~ously describe~ iu I~trum~t NO. D3649~8
The Town of Picketing I Petro-Canada Gas Bar and Car Wash
LEGAL SERVICES DEPARTMENTI - 555 Whites Road South, Picketing
- File: L939211