Retention of Expert Planning Witness -
5, 7 and 9 Sultan Street (Downtown)
The Toronto Community Council recommends that City Council receive the following
report (March 11, 1998) from the Toronto Community Council Solicitor:
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.
Funding Sources, Financial Implications and Impact Statement:
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 GST 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