OMB hearing on former Lafarge lands could last 40 days

August 04, 2009

Scott Tracey
stracey@guelphmercury.com

GUELPH – A developer's opposition to a proposed commercial and residential development is strictly based on protecting its own interests, a lawyer for the applicant argued Tuesday.

Steven Zakem, counsel for Silvercreek (Guelph) Developments Ltd., said while Armel Corp. will likely claim to be acting in the best interests of the wider community, its interest in blocking Silvercreek’s proposal is strictly financial.

Zakem made the comments at the start of an Ontario Municipal Board hearing into the proposal for the former Lafarge lands along Silvercreek Parkway South.

Armel lawyer Gordon Petch conceded his client's primary concern is the impact the proposal would have on a number of nearby Armel properties, but primarily its West Hills development at Paisley and Imperial roads.

Petch said for the past 30 years Armel has been developing the western part of the city, now home to 21,000 residents. But he said if the Silvercreek proposal goes ahead "t will completely undermine the planned function of the West Hills centre."

Silvercreek (Guelph) Developments Ltd. is proposing to build 245,000 square feet of retail space, including a big-box store of up to 145,000 square feet and the remainder phased in over at least three other buildings. The development would also see a Town Square area including 42,000 square feet of service commercial development in a series of buildings, and at least 340 units of residential development.

The city and the Howitt Park Neighbourhood Residents' Association had initially joined Armel in its opposition to the proposal for the former Lafarge lands, but at that time Silvercreek was proposing 450,000 square feet of retail space and no residential development.

The modified proposal was created as a result of six days of OMB-mediated discussions late last year. In January, city council and the neighbourhood group each voted to support the modified plan and withdraw their opposition, leaving only Armel standing in opposition.

Forty days have been set aside for the OMB hearing, being held at City Hall.

After each of the lawyers on the case had made their opening statements Tuesday, Zakem filed the first exhibit; a seven-volume document book "a mere 3,200 pages in length."

Robert Macaulay was the first witness. A land-use planner retained by Silvercreek (Guelph) Developments, Macaulay said he reviewed the proposal and supporting materials and found it "supportable from a planning point of view."