Curtis Sealock, District Manager, Municipal Licensing and Standards

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1 STAFF REPORT June 27, 2006 To: From: Subject: Etobicoke York Community Council Curtis Sealock, District Manager, Municipal Licensing and Standards Application for Encroachment Agreement Erection of a 6.1 metres high chain link fence on the municipal boulevard along Kipling Avenue Islington Golf Club, 45 Riverbank Drive Ward 4 Etobicoke Centre Purpose: To report on an application submitted by the Islington Golf Club to erect a 6.1 metres high chain link fence, metres long, on the municipal boulevard, along the flankage of the Club premises on the east side of Kipling Avenue. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that the application be approved, subject to the following conditions: 1. an Encroachment Agreement being completed in conjunction with Legal Services and forwarded to the applicant/owner for signature; 2. the signed agreement is to be returned to the City along with the required Certificate of Insurance evidencing a third party bodily injury and property damage insurance in the amount of $2,000, or such other coverage and greater amount as City may require, and naming the City of Toronto as an additional insured party under the policy, 3. the Certificate of Insurance is to be renewed and copy thereof submitted to Municipal Licensing and Standards on an annual basis;

2 the applicant/owner shall engage the services of a Professional Engineer to design and monitor the fence installation; 5. to accommodate the fence, the applicant/owner is required to obtain the services of a professional arborist to have the trees on the municipal boulevard behind the fence pruned to the satisfaction of Urban Forestry Services; 6. the subject fence and landscaping (including the trees) on the municipal boulevard shall be maintained in a state of good repair and free from any hazards, littering and debris at all times; 7. the fence installation shall be subject to the approval of the Structures and Expressways Section of the Technical Services Division; 8. the applicant/owner shall take all necessary precautions to maintain the utility services in the vicinity during fence construction and be responsible for any cost and damage to these utilities as a result of the construction; and 9. a construction/streets occupation permit shall be obtained prior to the commencement of any fence construction work. Background: In order to provide means of protection to vehicles and pedestrians from errant golf balls, the Islington Golf Club proposed to erect a 6.1 metres (20 feet) high black vinyl chain link fence, metres (300 feet) long, on the municipal boulevard, along the flankage of the Club premises on the east side of Kipling Avenue (Attachments 1, 2, 3, 4 and 5). An application was submitted to the Municipal Licensing and Standards Division for an Encroachment Agreement to allow the fence to be built in between the guardrail along Kipling Avenue and the existing 3.68 metres (12 feet) high gabion wall (wire stone basket retaining wall) on the municipal boulevard (Attachment 5). The proposed fence will run from the north end of the bridge over Mimico Creek to just south of the gated entrance to the golf course. It will go approximately 1.64 metres (5 feet 5 inches) beyond the west property line at the north end and approximately 9.70 metres (31 feet 10 inches) at the south end (Attachment 3). The total area encroached by the fence over the municipal boulevard is approximately square metres (4,043 square feet). It comprises altogether 31 posts at 2.4 metres (8 feet) centres cast individually in 1.2 metres (4 feet) deep by 300 mm (12 inches) diameter footings with 20 MPa (2,900 psi) concrete (Attachment 3). The distance from the edge of the curb to the fence will be maintained at 2.7 metres (9 feet).

3 - 3 - According to the applicant/owner, the fence cannot be located on the Club premises because of potential interference with trees and it was then proposed to be installed within the municipal boulevard. Comments: This application was circulated to Transportation Services, Fire Services, Urban Forestry Services and various utilities suppliers for comments. Rogers Cables advised that the applicant should be cautioned of the aerial cables in the area. Otherwise, all issues relating to utilities have been resolved with the utilities companies. It should be noted that the fence will be installed close to the existing 3.68 metres (12 feet) high gabion wall (Attachment 5). If the fence installation is not properly designed and monitored by a Professional Engineer, there is a concern that the structural integrity of the gabion wall as well as the pedestrian sidewalk above may be compromised. In addition, the footings of the fence posts may be subject to frost action due to exposure from the side of the gabion wall. In view of the proximity of the proposed fence relative to the bridge over the Mimico Creek, the applicant/owner shall obtain clearance from the Structures and Expressways Section of the Technical Services Division prior to commencement of any work on site. Urban Forestry Services have raised concerns about the presence of a number of trees on the municipal boulevard along the east side of Kipling Avenue as they will be affected by the fence installation (Attachment 5). Forestry commented that while tree removal is not necessary, some pruning will be required in order to accommodate the fence. The applicant/owner is required to obtain the services of a professional arborist to carry out the necessary pruning work. All pruning shall be subject to the satisfaction of Urban Forestry Services. No adverse comment was received from Toronto Fire Services. As requested, the applicant delivered a notice (Attachment 4) on June 12, 2006 to the residents in the vicinity of the location of the proposed fence, advising them of the proposal and indicating that the matter will be heard at the Etobicoke York Community Council on July 11, The notice was delivered by hand to the following addresses: Kipling Avenue: A

4 - 4 - Wingrove Hill: A Among the properties listed above, the fence may have some visual impact on the residents who live at 2, 3 and 4 Wingrove Hill, and 1150 and 1155 Kipling Avenue. These properties are located in the immediate vicinity of the proposed fence (Attachment 1). City Clerks have been requested to notify these residents that they have the right to depute in the forthcoming Etobicoke York Community Council to voice their opinion should they wish to do so. Conclusions: It is recommended that the application be approved subject to the conditions listed. Contact: Chip Au, District Co-ordinator (Actg.) Etobicoke York District Municipal Licensing and Standards Tel: , Fax: cau2@toronto.ca Curtis Sealock District Manager Etobiocke York District Municipal Licensing and Standards List of Attachments: Attachment 1: Site Plan showing the fence relative to the adjacent properties in the area Attachment 2: Survey Plan showing the proposed fence location Attachment 3: Fence Details Attachment 4: Notice sent to the residents in the neighbourhood Attachment 5: Photographs showing the proposed fence location and proximity to gabion wall

5 - 5 - Approx. position of the 6.1 m high fence over a length Attachment 1: Site Plan showing the fence relative to the adjacent properties

6 - 6 - Attachment 2: Survey Plan showing the proposed location of the fence

7 - 7 - Proximity of Fence to Property Line at various locations NOT TO SCALE Attachment 3: Fence Details

8 - 8 - June 7, 2006 Dear Neighbour, Islington Golf Club has asked the City of Toronto for permission to install a black vinyl chain link fence along its boundary with Kipling Avenue. The purpose of the fence is to enhance safety for pedestrians and vehicles currently exposed to the occasional errant golf ball. The 20-foot high fence will be located just behind the guard rail on the east side of Kipling and run from the north end of the bridge over Mimico Creek to just south of the gated access to the course. One silver maple in poor health may be removed, but the other trees will be pruned according to good arboreal practice. The club is determined to ensure the viability of the mature tree line until the new plantings mature. The accompanying pictures depict the scale and location of the proposed screen. The York/Etobicoke Community Council will consider this matter on July 11, Please contact David DeSaverio, Chief Operating Officer, at , ext. 206, should you have any questions or concerns. Attachment 4: Notice sent out to local residents

9 - 9 - Wingrove Hill Fence will be located on the east side of Kipling Avenue across from Wingrove Hill Gabion Wall Gabion Wall Attachment 5: Site Photographs