300 SIX MILE ROAD REQUEST FOR ACCESS TO JALAN PARK

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole DATE: May 4, 2022 FROM: Ivan Leung, P.Eng, Director of Engineering MEETING DATE: May 10, 2022

300 SIX MILE ROAD REQUEST FOR ACCESS TO JALAN PARK

RECOMMENDATION:

THAT the Town of View Royal deny 300 Six Mile Road’s request for private access to Jalan park as indicated in the Director of Engineering’s report dated May 4, 2022.

AND THAT the Town of View Royal update the existing parks fencing Policy #0100-0035 Fencing of Community Parks (1989, amended 2002).

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

This report has two purposes:

1. To provide the Committee with background on the Town of View Royal’s (“the Town”) policy regarding access from private properties into the Town’s parks, and to seek Committee input on policy directions
2. To seek input from the Committee on a response to the current request for direct access to Jalan Park from 300 Six Mile Road.

BACKGROUND:

At the April 19, 2022 Council Meeting, Council reviewed the March 31, 2022 email from C. Baur requesting a “controlled gate” between the strata townhouse complex at 300 Six Mile Road to Jalan Park and referred the matter to staff. Staff assumes that a “controlled gate” is a gated access that can be lockable.

Jalan Park is located at the end of the Jalan Place cul-de-sac, a dead-end road that is accessed from Six Mile Road. The park’s access is directly from Jalan Place via a dirt path. The park is currently fenced at the back end that borders the townhouse complex at 300 Six Mile Road. There is no established fencing along the neighbouring properties to the park (#320 Jalan Place, #324 Damon Drive, and #326 Damon Drive) and site visits have confirmed that there is currently no defined access from these properties to the park.

The Town’s current fencing policy “Policy #0100-035 Fencing of Community Parks” is attached. This policy was established:

to implement the requirement for fencing to be installed in situations where new park land is being dedicated to the Town and to prescribe standards for such fencing, and to provide a mechanism for considering the installation of fencing by the Town along boundaries of Town owned parks and associated walkways where adjacent property owners are experiencing issues of trespass or other.

The policy, established in 1989 and last amended in 2002, does not cover requests or petitions to allow direct pedestrian access into the Town’s parks (the policy instead covers requests to prevent access). However, the spirit of the policy appears to provide a means to address trespassing issues between parks and private properties.

Earlier Correspondence – 300 Six Mile Road

In October 2019, staff fielded complaints from the 300 Six Mile Road strata, specifically of trespass occurring between this private property and Jalan Park (the complaint stated that it had been a popular shortcut route between Six Mile Road and the Island Highway). Although the residents of the strata tried to physically block the trespass that was occurring, staff heard that these measures did not work and the fence continued to see damage due to on-going trespassing. It is not known if this issue persists.

Several weeks after this trespass complaint, the discussion about allowing access to Jalan Park was subsequently raised by C. Baur, a then-member of the Parks, Recreation and Environmental Advisory Committee at their November 2019 meeting (attached). While the Committee discussed the Town’s policy on fencing of public parks, no resolution was put forward.

View Royal - Past Responses for Private Access to Parks

Historically, requests for private access to parks are addressed by staff on a case-by-case basis. Generally, requests are denied due to concerns about:

1. Additional maintenance work caused by the unexpected creation of a path (due to wear and tear).
2. Additional maintenance work caused by the dumping of yard waste. While this is uncommon, it has been an issue in some of the Town’s parks that properties have direct access to.
3. A precedent being set that allows more private accesses to the Town’s parks. This could worsen items 1 and 2 noted above.

Other Municipal Policies – Park Fencing and Access

Staff inquired with The District of Saanich, City of Victoria and the Township of Esquimalt regarding any policies they have for private pedestrian access to parks.

Like the Town, these Municipalities do not explicitly have bylaws or parks policies that prohibit private pedestrian access into parks. They are aware that some private access does exist, and they address this on a case-by-case basis. If any negative impacts occur as a result, they follow up with the property owner directly.

Other specific issues of note by these Municipalities are as follows:

• The City of Victoria noted that private accesses such as a control gate can limit future use of park space, particularly in smaller, urban parks and green spaces. It can also contribute to the perceived privatization of park space when it should be a public amenity for all community members.
• The District of Saanich noted that existing accesses are owned and maintained by the private property owner, regardless of if they are installed on Saanich infrastructure (i.e., a private gate connected to a Saanich fence).
• In some circumstances the City of Victoria may support private access for new developments if public access is provided through the property. The City of Victoria typically brings these to Council for approval as part of the development process.