Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 10, 2024
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: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: 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
Heard: October 2, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Profile (TT) Inc. and Profile Development Inc. (“Appellants”)
D. deSereville D. Baker in abstentia
City of Toronto (“City”)
J. Davidson
DECISION DELIVERED BY a. sauve AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This Decision concerns an Appeal of a non-decision of the City of Toronto (“City”) regarding Site Plan approval. An Official Plan Amendment (“OPA”) and Zoning By-Law Amendment (“ZBA”) were dealt with previously by way of settlement and have been approved by the Tribunal. The Parties are now asking the Tribunal to approve their settlement regarding the Site Plan application. The Appellants filed the Applications in order to facilitate the development of 53 residential units in two blocks of four-story stacked townhouses and a ground floor commercial unit.
2The Tribunal marked the following as exhibits:
- Witness Statement of Paul Demczak
- Site Plan drawings
- Conditions of Site Plan approval
- Draft ZBA
- Draft OPA
3Written and oral evidence was provided by Mr. Demczak, Registered Professional Planner, whom the Tribunal qualified to provide opinion evidence in Land Use Planning.
4On the uncontested evidence of Mr. Demczak, the Tribunal finds as follows.
5The Appellants own 3351-3359 Ellesmere Road (“Subject Property”), which consists of a 4,277 square metre rectangular parcel located within the Highland Creek Neighbourhood in “Ward 25” Scarborough-Rouge Park, and under the Scarborough Community Council Area at the southwest corner of Ellesmere Road and Conlins Road.
6The Subject Property has 75.13 metres (“m”) of frontage on Ellesmere Road and a frontage of 56.79 m along Conlins Road.
7The proposed development comprises a range of new housing in the form of a four-storey mixed-use buildings. Units are designed in a compact, livable, urban form. The overall development makes efficient use of underutilized, mostly vacant land located within an area that is located within a Settlement Area and a Strategic Growth Area – areas explicitly designated for intensification. The Site is well-served by existing and planned services, transit, and amenities. The proposal constitutes transit-supportive density, an efficient use of land, and helps meet the City’s projected housing requirements for current and future residents.
8The proposal is situated on a major street and on the future Durham-Scarborough Bus Rapid Transit project and is located near several TTC and Durham Region Transit lines. It is also located within close proximity to the University of Toronto - Scarborough Campus and is defined as a Strategic Growth Area as per the Provincial Policy Statement 2024 (“PPS 2024”) and supports the objectives for intensification and higher-density mixed-uses in a more compact built form.
9The proposed development includes many aspects that contribute to complete communities, including a range of unit sizes and types in a dense apartment form, public realm improvements, and a variety of building amenities and new commercial space. The proposed development’s significant bike parking encourages active transportation and transit usage. The proposed development makes efficient use of land in an area designated in the City’s Official Plan (“OP”) for contextually appropriate growth.
10The Site Plan shows the location of all buildings and structures to be erected, including accessibility requirements. The drawings show the plan, elevation, and cross section views for the building, the massing and conceptual design of the proposed building, and the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access. The Site Plan is attached as Schedule “A” to this Decision.
11The purpose of Site Plan Control is to ensure that the site functions appropriately and to limit negative on-site impacts and secure attractive, functional design in accordance with the zoning by-law permissions for the Subject Property. The proposed uses are compatible with the City’s OP policies and uses. The proposed development incorporates high quality architecture and landscape design which complements the proposed use and adjacent sites.
12Garbage storage, loading areas, and parking areas are proposed to be located both internal and at the rear of the building, away from public roads, and are generally screened from view of the roads and adjacent properties, with appropriate landscaping or fencing.
13The conditions of Site Plan Approval, found in Schedule “B”, are appropriate. Engineering and construction concerns are adequately dealt with in the conditions.
14The proposed settlement is consistent with the policies of the PPS 2024. The proposed Site Plan Application meets the relevant criteria in s. 41 of the Planning Act.
15It should be noted that the PPS 2024 was released after the Settlement Hearing and Mr. Demczak addressed the changes from the previous Provincial Policy Statement in a supplementary Affidavit.
ORDER
16THE TRIBUNAL ORDERS that:
The above-noted appeal pursuant to section 41 of the Planning Act is allowed in part;
The Site Plan prepared by SRN Architects on October 1, 2024 attached to this draft order as Schedule “A” is hereby approved pursuant to section 41 of the Planning Act, subject to the conditions of site plan approval attached hereto as Schedule “B”;
The City has all necessary authority to grant final site plan approval upon the Appellants’ fulfillment of the pre-approval conditions contained in Schedule “B”.
Should any issues arise in the implementation of this order, including any disputes as to the Appellants’ fulfillment of the conditions of site plan approval attached hereto as Schedule “B”, the Tribunal may be spoken to.
“A. SAUVE”
A. Sauve
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.