The future of West Hamilton Innovation District and of the controversial retail project planned for it is still wending its way toward an OMB pre-hearing Sept. 15.

Trinity Development Group bought about 35 acres in the district last November from two property owners: Hamilton Metal Trading Company and The Gore District Land Trust.

The two property owners had filed an appeal with the Ontario Municipal Board (OMB) about new restrictions the city placed on development of the site earlier in the year.

What's at stake is the fate of precious future employment lands with invaluable frontage on Highway 403.

McMaster University owns 35 acres of the 122-acre site where it plans to build an innovation park over the next 10 to 15 years, with a lab, conference space, offices and a hotel. The park's key tenant is to be the federal government's materials laboratory, CANMET.

City planner Al Fletcher said the planning changes to the entire site aim to support the development of a prestige business park.

"No one wants to go to an OMB hearing but we have a certain set of principles," he said.

Michael Foley, Trinity's associate vice-president of development, said the company "took carriage of the appeal" when the company was the successful bidder of the property.

Trinity plans to spend about $65 million to develop 22 acres, which includes 250,000 square feet of retail space, with two large retail buildings of about 60,000 square feet of space and 100,00 square feet of office space.

Trinity wanted to begin site remediation next year, with construction to follow in 2010.

The retail complex goes far beyond anything the city had in mind when it re-classified the site.

Fletcher said retail is allowed on the site but only on the ground floor of new buildings, such as coffee shops, restaurants and print shops.

In January, the city asked the company to submit several studies such as traffic, engineering and market, to justify a change in the site's zoning. The reports are expected just after Labour Day.

The company applied to have a delegation appear before the city's planning and economic development committee Aug. 5, but it was denied.

Foley said Trinity wanted to meet with the city to give a status report on those studies as well as some "refinements" to the original proposal.

Terry Whitehead, Ward 8 councillor who chairs the committee, was absent for the decision. He said he was told the refusal was made because the matter is before the OMB.

The city plans to extend Frid Street through to Longwood Road early in 2009 to allow for development of the park.

Neighbourhood developer Dennis Mathers has grave concerns about the Frid Street extension and is disappointed the business park may not reach its potential.

He said the Frid Street extension is "not logical," expensive and will have a negative impact on traffic and growth on the area.

The co-partner of Sandona Corporate Village has spent the past two decades transforming Frid Street from a forgotten industrial back yard to a slick band of corporate offices, many focusing on research and development.

"We've been patient and we've been selective," Mathers said of the street's tenants.

He said was outbid by Trinity to buy the Longwood Road site.

"It's too bad McMaster was not in a position to acquire that property and close the link to be able to make it a whole development," he said.

Whitehead said Hamilton needs to consider building a land bank, a trend that is taking hold in many Canadian municipalities in order to avoid such conflicts.

He also regrets the lack of talks between council and Trinity.

"Now it'll all be between (city) staff and lawyers and that's unfortunate."

lmarr@thespec.com

905-526-3992