STAFF REPORT - GIBRALTAR BAY GAZEBO OPTIONS

GIBRALTAR BAY GAZEBO OPTIONS

RECOMMENDATION:

THAT Council cost share, on a 50/50 basis, up to a maximum of $5,000, the Strata’s removal of the gazebo located on the Gibraltar Bay Strata’s common property (lying between SRW Area “G” and the Esquimalt Harbour); their installation of additional railing to close off the opening to the water’s edge/slope; and their provision of any additional upland improvements, should funds remain, to create a lookout on the said common property, to the satisfaction of the Town’s Director of Engineering.

OPTIONS:

• Option #1 (Recommended): THAT Council cost share, on a 50/50 basis, up to a maximum of $5,000, the Strata’s removal of the gazebo located on the Gibraltar Bay Strata’s common property (lying between SRW Area “G” and the Esquimalt Harbour); their installation of additional railing to close off the opening to the water’s edge/slope; and their provision of any additional upland improvements, if funds remain, to create a lookout on the said common property, to the satisfaction of the Town’s Director of Engineering.
• Option #2: THAT Council not provide any funds to the Gibraltar Bay Strata at this time to address the refurbishment or removal of the gazebo.
• Option(s) #3: THAT Council provide more/less than the $5,000 described in Option #1 to the Gibraltar Bay Strata to address either refurbishment OR removal of the gazebo.
• Option #4: THAT Statutory right-of-way ESS77726 registered over the Gibraltar Bay Strata’s common property that lies between SRW Area “G” and the Esquimalt Harbour be released, resulting in public access being closed to this common lot in the Gibraltar Bay strata.

PURPOSE:

To respond to resolution C-62-24 from the April 2, 2024 Regular Meeting of Council: THAT a report be provided to Council regarding options for the Gibraltar Bay gazebo, including potential funding sources, prior to the Gibraltar Bay Strata’s annual general meeting scheduled for May 21, 2024.

BACKGROUND:

In early February 2024, Gibraltar Bay Strata notified Town staff of vandalism to the common property’s gazebo balusters (pickets) (see image below).

In response to a request from the Strata President, Town Staff provided Crime Prevention Through Environmental Design (“CPTED”) suggestions with a view to reducing opportunities for vandalism.

Six weeks later (approximately mid-March 2024), Strata representatives contacted Town Staff to report that, while some measures had been taken to increase security measures, additional damage had been done to the gazebo’s balusters and that the Strata was boarding up the areas with missing balusters and posting the gazebo closed for safety reasons (see image below).

On April 2, 2024, the Gibraltar Bay Strata Chair attended the Council meeting during the “petition and delegation” portion the Council meeting. The Strata is contemplating the options of either a.) refurbishing the gazebo – replacing the railing and baluster system with cedar or powder coated aluminum rails, a new deck surface, miscellaneous carpentry work and repainting (approximately $16,000 to $17,000) or b.) removing the gazebo and replacing it with a lookout constructed with metal and concrete materials for increased durability. The cost to remove the gazebo is estimated at $2,000 but the cost to install a lookout feature was not provided at the April 2, 2024 meeting.

The presentation included the question as to the extent that the Town would be willing to participate financially in either option. After some discussion, Council passed the following resolution:

THAT a report be provided to Council regarding options for the Gibraltar Bay gazebo, including potential funding sources, prior to the Gibraltar Bay Strata’s annual general meeting scheduled for May 21, 2024.

ANALYSIS:

Impacts and implications can be summarized as follows:

Community Impact:

• The public currently has the use of this privately-held (strata) waterfront property through a statutory right-of-way.
• Past improvements at this location have been on a 50/50 cost-shared basis (note the stone pathway and railings in image above).

Financial Implication:

• If decision is made to provide funds towards this strata land improvement, a budget amendment would be required and funds could be taken from the Casino revenue account.
• It should be noted that there are nine stratas with public access statutory rights of way in View Royal. This private land is able to be used by the public, each location has regular and on-going maintenance and both minor and major repairs and replacement requirements for stairs, walkways, railings, platforms, gazebos, benches, etc.

General Comments:

• As the land is privately held, it is not the Town’s decision to determine the final improvements to the land, if any.
• Instead, the Town is considered an “occupier” and Council must simply determine if it wishes to provide funds to the Strata.
• However, the refurbishment option will see on-going costs as it does not include a roof component and a 2021 Strata depreciation report (to be updated in 2025) outlined a requirement for a full gazebo replacement in 2029 (this year may change, depending on the 2025 depreciation report outcome). This means that a roof will be required in the near future and the gazebo’s wood materials will require continual maintenance, repair, and replacement.
• The recommended option is one that supports works with longevity (non wood) and is responsive to changing environmental conditions.
• Any works should be to the Town’s satisfaction to ensure a safe public standard is met.
• Council can consider following Green Shores principles at this location, specifically to (1) enhance habitat function and diversity along the shoreline, (2) prevent or reduce pollutants entering the aquatic environment, and (3) avoid and reduce cumulative impacts. Green Shores principles would point to the removal of the gazebo and utilization of the existing path and bench as the refuge area. New metal rails would need to be installed to close the existing opening. Additional improvements further inland/upland or expanded from the existing bench can still be considered to follow Green Shores principles as it would balance the needs of the public with the enhancement of the natural shoreline.

ALIGNMENT:

The recommended option aligns with the Town’s following core guiding documents as follows:

Official Community Plan:

• Policy PR1.1 Neighbourhood Greenspace – Provide each neighbourhood with easily accessible greenspace to meet the social and recreational needs of local residents.
• Policy PR2.1 Connectivity - Recognize that improved connections to parks and recreation facilities will better integrate these assets into the community, increase the walkability of the Town and promote healthy lifestyles. Also recognize that parks themselves can serve as connectors and links between neighbourhoods and residential areas.
• Policy PR3.1 Water and Shoreline Access - Identify and develop public accesses to the water, beach, shoreline areas and significant viewpoints.

Parks Master Plan:

• Strategy 18 Balance the use of the waterfront with the protection of environmentally sensitive features.

TIME CRITICAL:

The Gibraltar Bay Strata is desirous of Council’s response to their request for cost-sharing improvements to this common property to facilitate a fulsome discussion of the issue at their Annual General Meeting scheduled for May 21, 2024.

CONCURRENCE:

REVIEWED BY: