Magda Konieczna

Land of confusion

appeared in The Mercury Jan. 7, 2009

The lines are drawn. The meetings are done. If the various sides don't reach an agreement before Jan. 20, parties will head to the Ontario Municipal Board for what could be a 40-day hearing to decide what should happen with the former Lafarge lands.

Here's everything you need to understand the players and the issues.

The setting

A triangular piece of property bordered on the west by the Hanlon Expressway and on the north and south by rail lines, and bisected by Silvercreek Parkway South and Howitt Creek.

The players

Silvercreek (Guelph) Developments Ltd.: The company, owned by Rosewater Management Group, put in a proposal in late 2005 to build 450,000 square feet of commercial space on the property. The company officially bought the property in the fall of 2006, and later took the city to the Ontario Municipal Board, saying council had taken too much time responding to the application.

City of Guelph: In June, council unanimously rejected the amended proposal for 400,000 square feet of commercial space and a public park.

Armel Corp.: A large developer in Guelph. It has opposed the proposed development, arguing it would affect its plans for development at Imperial and Paisley roads. The company says there was no stability for developers before the city's 2006 policy on where commercial development will go. "The ink is barely dry on that amendment and all of a sudden we're back to the same merry-go-round again," Chris Corosky of Armel said. "We may have to rethink everything. . . . We thought we were past all this, but we're not."

Howitt Park Neighbourhood Group: The group retained planners last summer to speak against the proposal at the Ontario Municipal Board. Those planners argue the proposal is premature and does not constitute good planning.

6&7 Developments Ltd.: The developer responsible for the Wal-Mart plaza in north Guelph requested to be a party to the OMB proceedings, but has since given up its party status, meaning it will not take a position on the development.

Lafarge: A continent-wide supplier of construction materials including cement and aggregates. It closed its Red-D-Mix concrete plant on Silvercreek in the early 1990s. The company has since sold the land and is not involved in the proposed development.

The timeline

November 2005: An application is submitted to change the designation of the land from industrial to commercial and open space. The application asks for up to 450,000 square feet of commercial space, and suggested access to the property be provided from the Hanlon Expressway.

September 2006: Silvercreek (Guelph) Developments Ltd. buys the property.

July 2007: Silvercreek takes the application to the Ontario Municipal Board on the grounds that the city hasn't responded within the 180 days allowed for an official plan amendment and 120 days for a zoning amendment. A revised application suggests access via Silvercreek Parkway instead of the Hanlon and a reduction in commercial space to 400,000 square feet.

September 2008: The OMB starts mediation.

Jan. 11, 2009: The Howitt Park Neighbourhood Group is bringing its membership together to vote on the offer of settlement reached through mediation.

Jan. 20, 2009: If anyone remains in opposition to the proposal, the OMB hearing will start.

The issues

The Official Plan: In 2006, the city planned for four commercial nodes to satisfy the commercial needs to 2021. The former Lafarge property is not part of the plan. The city and Armel Corp. both argue modifying the official plan to allow for the proposed development would adversely affect other commercial spaces.

Location, location, location: The city argues the area around the former Lafarge lands is well-served by the Willow West Mall and the commercial area at Imperial and Paisley. A report conducted for the city suggests the development would lead to "undesirable consequences" for those areas. The city report says "the need for another commercial centre of the proposed scale in this area of the city is questionable."

Places to work: It isn't entirely clear whether changing the zoning of the lands to commercial from industrial would violate any planning policies. But it would mean fewer people would be employed on the lands, something that concerns the city.

Parkland: Silvercreek Guelph proposes to turn a portion of the property into parkland, and donate that to the city. But the city says the lands are part of the stormwater management for the property, and should remain private and fenced off to prevent residents from crossing the train tracks. The city says turning the land into a park would require a new street with parking, plus fencing to keep people away from the train track, which staff argue should be paid for by the developer.

Cash: In 2005, the city projected the development would mean almost $725,000 a year in taxes, and almost $3 million in one-time development charges.

Other takers: The state and location of the site makes it a difficult target for development, requiring significant financial investment, city staff said in their report. Several groups have approached the city interested in buying the property, and all have walked away.