A developer is appealing a city decision to reject a its development proposal for Eastview Road.
Two numbered companies are looking to build a 40-unit, five-storey apartment building as well as 30 cluster townhouse units on the 3.25-hectare site currently occupied by two detached homes at 78 and 82 Eastview Road, halfway between Victoria Road and Watson Parkway.
The city rejected a rezoning application in July and now the numbered company behind the proposal is appealing that decision to the Ontario Land Tribunal.
In a letter to the city notifying it of the appeal, lawyers for 2589618 Ontario Inc and 2613598 Ontario Inc. are critical of city staff, saying they are ignoring solutions to issues they have raised.
"The City has chosen to ignore the tangible solutions that have been provided that demonstrate that the development addresses all issues raised, and the recommendation of refusal amounts to the City being unwilling to consider the solutions, and that it lacks the expertise to do so," says the letter from Toronto-based lawyers Cassels Brock & Blackwell LLP.
"It should be noted that the City has not said that the development will impact the wetland. The only apparent outstanding issue is that they
have questions that they want the consultants to answer before they will make the determination," said the lawyers' letter.
The lawyers argue that the city's decision is not consistent with provincial policy, does not conform to the Growth Plan for the Greater Golden
Horseshoe, does not conform to the general intent of the City of Guelph Official Plan and fails to recognize that the proposed development is compatible with the existing neighbourhood.
In July, local residents expressed concern about the increased traffic, as well as the effect the development would have on wildlife.
City staff also opposed the plan, citing the proponent’s inability to show the development won’t negatively impact natural features and nearby provincially significant wetlands.
There was also concerns about stormwater management.
The development was initially brought forward in 2019. At that time it was 57 cluster townhouses. The plan was revised in 2020 to include 30 cluster townhouse units as well as a five-storey, 40-unit apartment building.
