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Toronto City Council · 2022-06-15 · 2022.CC45.14

The filed record

1377 Sheppard Avenue West - Site Plan Control Application - Proposed Encroachments

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The decision

2022-06-15 · Toronto City Council · adopted

As filed

City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City to enter into an agreement with Her Majesty the Queen in Right of Canada, and any other relevant representative parties, permitting encroachments in the public right of way along Sheppard Avenue adjacent to lands municipally known as 1377 Sheppard Avenue West as are deemed appropriate in the context of the site plan review by the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning for improvement to the public realm and having regard to the requirements of the project as well as municipal infrastructure, transportation, and utility requirements, on terms and conditions as set out in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor and on other or amended terms and conditions as deemed appropriate by the General Manager, Transportation Services and in a form acceptable to the City Solicitor. 2. City Council authorize and direct the Director, Property Management Services, Real Estate Services to provide appropriate consent, or such other form of acknowledgement(s) as may be reasonably requested, relating to the existing lease dated November 1, 1978 between the Municipality of Metropolitan Toronto and Her Majesty the Queen in Right of Canada, and any other relevant representative parties, to permit encroachments in the public right of way along Allan Road adjacent to the lands municipally known as 1377 Sheppard Avenue, in consultation with the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, for improvement to the public realm and having regard to the requirements of the project as well as municipal infrastructure, transportation and utility requirements, on such terms and conditions as are also deemed appropriate by the General Manager, Transportation Services and in a form acceptable to the City Solicitor. The balance of Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Her Majesty the Queen in Right of Canada is the owner of lands known municipally as 1377 Sheppard Avenue West (the "Subject Site"). Parc Downsview Park and Canada Lands Company (the "Applicant"), respectively a previous owner of the Subject Site and a federal Crown corporation specializing in real estate, submitted an application for Site Plan Control for the Subject Site in 2019. Authority is required to enter into an encroachment agreement for the installation and maintenance of various encroachments related to the proposed future redevelopment on the Subject Site.

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The encroachments would be located on the City's adjacent rights of way on Sheppard Avenue West. Similar encroachments are proposed within the Allan Road frontage of the Subject Site which is under ownership of Park Downsview Park Inc. and leased by the City. City consent for the encroachments under the terms of the lease is also contemplated. Transportation Services has been involved in preparation of this report and have indicated that there are no objections with the proposed subject encroachments, the details of which are to be determined through the site plan approval process to ensure that there are no negative impacts to the public rights of way.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 to this report if adopted. 3. City Council direct that all other information contained in Confidential Attachment 1 remain confidential in its entirety, at the discretion of

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the City Solicitor, as it contains information explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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