A year after Cambridge council refused to approve a 39-unit townhouse complex at Pinebush Road and Wayne Avenue, the tribunal that mediates land-use disputes has concluded the project is "appropriate" for the site, represents good land use planning and is "in the public interest."
The decision from the Ontario Land Tribunal was delivered late last month, setting the stage for the project to move ahead.
In February 2024, council refused to approve a staff recommendation that would have permitted the development.
In voting against the proposal, some members of council admonished staff for not taking their concerns about traffic volumes and speed on Pinebush into account. They said those concerns need to be corrected before they would consider adding more homes to the area.
City staff said the project checked all the boxes for density and parking, but Mayor Jan Liggett was critical of their failure to ask for a complete a traffic impact study after concerns about safety at the intersection were aired at a public meeting in 2023.
"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.
That refusal prompted Will-O Homes to launch its appeal, citing "no planning opinion or rationale" behind council's refusal of the project.
In its decision, the tribunal agreed with city staff that the project demonstrates "sufficient and proper regard for the relevant matters of provincial interest" laid out in the Planning Act. The decision also said it is consistent with the Provincial Planning Statement and conforms with the Regional Municipality of Waterloo's Official Plan and the City of Cambridge's Official Plan.
The OLT said an increase in density to a maximum of 76 units per hectare, the prohibition of geothermal wells, and the proposed holding provision are appropriate for the site.
That holding provision takes into account the concerns of council by requiring detailed transportation and stationary noise studies along with any mitigation measures as required by the region.
The noise study will review the potential impacts of noise like HVAC systems on "sensitive points of reception" and the impacts of the development on adjacent noise sensitive uses.