Developer appeals townhouse proposal refused by Cambridge council

The developer behind a plan to build a 39-unit townhouse complex at the corner of Wayne Avenue and Pinebush Road says there was "no planning opinion or rationale" behind council's refusal of the project in February.

Now Will-O Homes (C.S.) Inc. is appealing that decision to the Ontario Land Tribunal, an independent, quasi-judicial body of adjudicators appointed by the province to intervene in municipal land use disputes.

In a letter to the city's clerk's department last month, lawyers from the SmithValeriote Law Firm outlined why their client is appealing the decision, citing the project's alignment with the city's and region's official plans to help "create a vibrant community that supports the city's growing population."

The gentle infill development in an established neighbourhood is close to transit stops, maximizes the use of existing infrastructure and provides sufficient setbacks from neighbours, the letter states.

"There are no reasonable grounds upon which to object to the applications," reads the letter, confirming the fact that city planning staff agreed the amendments requested in the proposal meet the general intent and purpose of the city's zoning bylaw and official plan. 

In voting against the proposal in February, some members of council admonished staff for not taking their concerns about traffic volumes and speed into account and said those concerns need to be corrected before they would consider adding more homes to the area.

"We need housing in Cambridge but it's not housing at any cost," said Coun. Mike Devine before tabling a separate motion to refuse the development.

He mentioned a recent fatality among ongoing worries about speed and volume along Pinebush and at the busy roundabout surrounded by Starbucks, Tim Hortons, a gas station and two plazas.

He wants staff to conduct a transportation study between Franklin and Conestoga to provide increased safety provisions. He also wants the city to close the exit from the Starbucks plaza onto Wayne Avenue.

"This needs to go back to the city, back to the region and see what can be done."

Instead, the OLT will decide what needs to be done.

A hearing date has yet to be set.

Since city planning staff recommended council approve the project, the City of Cambridge will have to hire outside consultants to defend council's decision.

The case is one of about half a dozen that have gone before the tribunal over the last year in which council went against a staff recommendation to refuse the project.

Costs associated with previous tribunal defences haven't been disclosed.