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IIT. 14 - PORT PERRY STAR - Tuesday, November 9, 1999 "Scugog"s Community Newspaper of Choice" Developer rejected in attempt to stall OP designations From page 1 ask for an "adjournment of the hearing as it relates to and a deferral of those portions of the Official Plan affecting our property or bearing on the proposed develop- ment." Stockworth then would have submitted applications to amend the Durham and Scugog Official plans to change the zoning of its land from industrial to com- mercial. Quorum, and others, vigorously opposed this attempt by Stockworth, and OMB commissioner Robert Boxoma agreed. In handing down a verbal decision late Friday afternoon after hearing arguments by lawyers representing Quorum, Stockworth MBG and others, Mr. Boxoma said granting Stockworth standing at the Nov. 29 hearing would be unfair to others seeking to develop com- mercial or retail space in the community. He said Stockworth is "attempting to put the cart before the horse; that's not the way the process works in Ontario." He went on to say that rejecting the Stockworth application would not prejudice that company, since it is at the very start of the process to have the zoning and OP designation changed. Stockworth "can now join that process," said Mr. Boxoma, referring to the fact that Scugog 25 [ir ™ ! Nas GY | lal "Old Bethany Feed Mill (1874) moved to new site and renovated to modern post and beam dining room." Restaurant, Bakery, Banquet Facilities, Catering (on & off site) - Your hosts Grant & Reesa Fallis - Friday, Saturday, Sunday BUFFET 4:30 - 9pm. A selection of ribs, beef, turkey, wings, vegetables, soup, salad bar, desserts and more. Over 50 items. Sunday Brunch 9 am. - 2 pm. Hours: Thurs. 11-9, Fri., Sat. 11-10, Sun. 9-9 Township and Durham Region have not received any kind of notice or application to change the zoning or OP status for the land in question. Stockworth did win a minor battle of sorts on Friday when Mr. Boxoma rejected a request by Quorum lawyer Robert Jarvis to have costs for Friday's hearing assessed to Stockworth. The costs are considerable as there were lawyers at the hear- ing representing Quorum, Scugog Township, Durham Region and two private concerns now seeking to develop commercial prop- erties in the municipality. Lawyer Nicholas T. Macos, representing Stockworth, told the hearing that his clients % are "ready, willing and able to proceed quickly" in developing the 16-acre plaza site on land north of the old Johnson Controls building. It's on the east side of Simcoe St., immediately to the south of Lake Scugog Lumber. He said Canadian Tire has expressed in writing its interest in relocating to a new, 50,000 sq. ft. store. He also said there 1s interest from the McDonald's chain to build a restaurant of some 3,000 sq. ft., and from another food store "from the main central area" of Port Perry for 40,000 sq. ft. of retail space. He did not identify the food store by name. Mr. Macos said the parts of the Official Plan Stockworth wants deferred relate to the fol- lowing proposals: the Quorum lands; land owned by William Tripp, who is in the process of getting approval for a 30,000 square foot retail plaza on the west side of the Oshawa Road; and the Old Port Marketing building (22,000 sq. ft.) on Reach St., now in the process of being rezoned from industrial to com- mercial. He also stated several times that Stockworth wants to be part of a com- mercial needs study now being prepared for Scugog Township. Eventually, developers of commercial property will pay the $25,000 bill for this study. Port Perry lawyer is wi DOWNTOWN LINDSAY « {9 CAMBRIDGE ST. S. Jods ¢ The Restaurant for people 'AWESOME CHRISTMAS PARTIES" with taste. LL y ~ =. fors er Special functions are accommodated ~ please call for information / Proprietor Judd Moore 30 Shirley Rd., just off Simcoe south of Port Perry 985-4273 BOOK YOUR FESTIVE CHRISTMAS PARTIES aff, family, friends usiness associates Kitchen Opens at Spm Michael Fowler repre- sented Scugog Township at Friday's hearing. He noted there are 40 acres of fully serviced industri- al land left in all of Scugog. Stockworth's pro- posal, he said would take 16 acres of that inventory and therefor, it might be subject to an industrial needs study. He said granting Stockworth its wish would cause a "delay of township policies. It will cause considerable preju- dice.... adversely affected by any delays (in imple- menting Scugog's) Official Plan." Mr. Fowler said Stockworth's "only motive is to stall commer- cial competition." Quorum lawyer Robert Jarvis argued vig- orously against the Stockworth application as it would be "extremely prejudicial" against his client, who has been through the entire process required by the Official Plan over the last couple of years. And he said it would throw the integrity of the Ontario Planning Act into question. Using harsh language at times, Mr. Jarvis said Stockworth's attempt at standing at the Nov. 29 hearing suggests 'every- thing else should stop (because) we are here, we are important, rather than it being assessed by its impact on the commu- nity.' Mr. Jarvis called it 'arrogance; that's the kindest word I can use here." He also strongly sug- gested that Stockworth made overtures to the IGA parent company Sobey's to get IGA to drop its interest in the Quorum development and go with Stockworth instead. Lawyer David Sims, representing William Tripp, called Stockworth's application "just an inappropriate way to put into question all the commercial poli- cies of the township. "It's an attempt to hijack the process," he said. In his closing argu- ment, Mr. Macos refuted suggestions that Stockworth is not serious in its proposal. He said his client has control of the lands in question by an agreement to pur- chase, a signed offer from Canadian Tire and a written expression of approval from McDonald's. "There would be users for the lands. This is not Just speculation," he stat- ed. Mr. Boxoma delivered his verbal decision after deliberating for 15 min- utes. He said he will hand down his reasons in writing soon.