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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