March 31, 1998

Standing Committee/Community Council/City Council

To: Toronto Community Council 

Head of Department

From: Sylvia N. Watson, Toronto Community Council Solicitor

Subject: 5, 7 and 9 Sultan Street - Retention of Expert Planning Witness (Ward 24)

Purpose:

To retain outside planning/urban design assistance to provide evidence at upcoming Ontario Municipal Board Hearing in respect of 5, 7 and 9 Sultan Street, in the former City of Toronto.

Source of Funds:

Funds are available in Legal Services Division Account No. 76539.

Recommendation:

That authority be granted to retain Urban Strategies (Ken Greenberg) to provide expert testimony at the Ontario Municipal Board Hearing in connection with 5, 7 and 9 Sultan Street at an upset limit of $20,000.00 inclusive of g.s.t. and disbursements, with funds to be payable from Legal Services Division Account No. 76539.

Council Reference/Background:

At its meeting held on May 12, 1997, Council for the former City of Toronto gave consideration to Clause 13 of Report No. 7 of the Land Use Committee regarding the above-noted site and approved the introduction of By-laws to permit the construction of a ten-storey residential tower to the rear of the 5, 7 and 9 Sultan Street containing 25 residential units, with commercial uses in the bottom two storeys. By-law Nos. 1997-0500 and 1997-0501 were passed by City Council on September 22, 1997 following the execution of the required Heritage Easement Agreement by the property owner to preserve the historic frontages of the three-storey designated heritage dwellings on the site.

Two appeals have been received to the Zoning By-law and Official Plan Amendment on behalf of Metropolitan Toronto Condominium Corporation No. 555, which owns the property known as 1166 Bay Street, and on behalf of Sultan Developments Inc., the owner of the property known as No. 23 St. Thomas Street.

Discussion and Justification:

The appeals received focus upon the scale, height, massing and density of the project, which would be permitted by the aforementioned By-laws. The then-Commissioner of Urban Development Services did not support the proposal for 5, 7 and 9 Sultan Street at the density and height described in the By-laws, and it will therefore be necessary to retain outside planning/urban design assistance in order to present the City's position effectively at the upcoming Ontario Municipal Board Hearing. The estimated length of time for the hearing is six days.

The property owner has already retained an expert planning witness, however, it is recommended that an expert with strong urban design or architectural background also be retained to complement the planning case as many of the issues focus upon the appropriateness of the building's scale within the Sultan-St. Thomas Area of Special Identity. Accordingly, I have contacted and would recommend the retention of Ken Greenberg, a respected and knowledgeable architect/urban designer who has provided me with a Work Plan which details the professional work required in connection with the hearing and with an upset limit of $20,000.00. The Work Plan covers preparation of the evidence, assisting in preparation of the City's case and appearance as an expert witness at the Board Hearing, which is likely to occur in July. The firm of Urban Strategies, of which Mr. Greenberg is a principal, is agreeable to signing the standard form Letter of Retention with the City.

Conclusions:

It is recommended that Ken Greenberg be retained by the City to provide additional urban design/architectural evidence and support of the proposal for 5, 7 and 9 Sultan Street, as previously supported by Council for the former City of Toronto.

Contact Name: Robert Balfour, Solicitor

Telephone: (416) 392-7225

Fax: (416) 392-0024

Sylvia N. Watson,

Toronto Community Council Solicitor

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