Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 03, 2023
CASE NO(S).: OLT-23-000319
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Profile (TT) Inc. and Profile Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number: 22 219197 ESC 25 OZ
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
OLT Case No: OLT-23-000319
OLT Lead Case No: OLT-23-000319
OLT Case Name: Profile (TT) Inc./Profile Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Description: Application to amend the Zoning By-law – Refusal or neglect to make a decision ZBA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number: 22 219197 ESC 25 OZ
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
OLT Case No: OLT-23-000320
OLT Lead Case No: OLT-23-000319
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Description: Site Plan SPA to facilitate development of 53 residential Units in two blocks of four-storey stacked townhouses with ground floor commercial unit
Reference Number: 22 240955 ESC 25 SA
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
Heard: September 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel*/Representative
Profile (TT) Inc. and Profile Developments Inc.
Chantal deSereville
City of Toronto
Jason Davidson
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON SEPTEMBER 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”) was with respect to the appeals of the non-decision of the City of Toronto (the “City”) regarding applications to amend the Official Plan, Zoning By-law and a Site plan.
2Profile (TT) Inc./Profile Developments Inc. filed an application for an Official Plan Amendment and a Zoning By-law Amendment (the "OPA and ZBLA Applications") with the City of Toronto (the "City") in order to facilitate the development of 53 residential units in two blocks of four-storey stacked townhouses and a ground-floor commercial unit. An associated Site Plan Application was submitted in December of 2022.
3The applications will facilitate the development of a 53 residential units in two blocks of four-storey stacked townhouses and a ground-floor commercial unit at the Ellesmere Road and Conlins Road intersection.
4The Subject Site is a 4,277-square-metre rectangular parcel located within the Highland Creek Neighbourhood in Scarborough and has 75.13 metres of frontage on Ellesmere Road and a frontage of 56.79 metres along Conlins Road. The Site currently consists of a single-storey retail plaza comprising restaurant, educational and various convenience-related uses.
5The Proposed Development consists of 53 residential units made up of two-bedroom (58%) and three bed-room units (42%) in two blocks of four-storey stacked townhouses and a ground-floor commercial unit at the Ellesmere Road and Conlins Road intersection.
6The proposal contains a total of 7,318 square metres: 5,998 square metres of residential above-grade floor area, and 256 square metres of commercial area including approximately 125 square metres of above-grade commercial floor area. The Proposed Development includes an 8.68-metre road widening from Ellesmere, which is required to facilitate the DSBRT project. The road widening will enable an ultimate design that includes improved and widened sidewalks on Ellesmere Road, new cycle tracks, enhanced streetscaping and tree planting, and improved multi-modal access to businesses.
7City Council failed to make a decision within the statutory timeframe.
8The purpose of the Case Management Conference (the “CMC”) was to receive status updates from all parties to organize the hearing of these appeals.
9The Tribunal received an Affidavit of Service sworn by Laura Brandon, marked as Exhibit 1.
10The Tribunal was informed that the Parties are seeking a further CMC date, as ongoing discussions may contemplate a settlement of the issues.
11The Tribunal requests that any Participant status requests be submitted to the Case Manager no later than ten (10) days prior to the next scheduled CMC.
12The Tribunal hereby schedules an additional CMC of these appeals, set to commence on Thursday, November 23, 2023 at 10 a.m.
13Parties and participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
14Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 979-388-733.
16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
17There will be no further notice.
18The Member is not seized.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.