STAFF REPORT: TRANSIT-ORIENTED AREA DESIGNATION BYLAW NO. 1134 – (BILL 47-2023)

TRANSIT-ORIENTED AREA DESIGNATION BYLAW NO. 1134 – (BILL 47-2023)

PURPOSE:

The purpose of this report is to introduce the draft Transit-Oriented Area (TOA) Designation Bylaw.

OPTIONS

Option 1 (Recommended)

THAT Council instruct staff to prepare the necessary bylaw that would designate the Transit-Oriented Area outlined in the staff report prepared by the Senior Planner titled “Transit-Oriented Area Designation Bylaw No. 1134 – (Bill 47 – 2023)” on April 15, 2024.

OPTION 2 (Non-compliant with Bill 47 – 2023)

THAT Council take no action at this time.

TIME CRITICAL:

The report is time critical as the Provincial deadline for adoption of a Transit-Oriented Area (TOA) Designation Bylaw is June 30, 2024.

EXECUTIVE SUMMARY

The Province requires that all municipalities with prescribed TOAs to designate by bylaw, the area and lands affected by the TOA. The Province also established minimums for density (floor space ratio) and height (number of storeys) for lands within the TOA. The Town’s draft TOA designation bylaw only designates the area without increasing the heights and densities to ensure lands within the TOA are still subject to rezoning (no pre-zoning of land). This approach is consistent with the legislation.

The Province no longer requires residential off-street parking for new dwelling units within a TOA. Developers may provide residential parking if they wish; however, the parking would need to be compliant with the dimension requirements in the Town’s Zoning Bylaw. Parking requirements for commercial or institutional uses, and accessible parking still apply.

The draft TOA designation bylaw has been reviewed by the Town’s legal counsel.

BACKGROUND:

Bill 47-2023 requires some municipalities to designate TOA near transit hubs in their communities, identified as areas within 800 metres of a rapid transit station (e.g., SkyTrain station), or 400 metres of a bus exchange. The Town has been identified as one of 51 municipalities that must establish a TOA. The Province has identified the bus exchange on Hospital Way adjacent to Victoria General Hospital a Category 3 Bus Exchange and TOA (refer to Attachment 1).

DISCUSSION:

In summary, Bill 47-2023 requires the Town to permit the following:

• allow residential and mixed-use buildings up to 10 storeys and a density of up to 3.5:1 Floor Space Ratio within 200m of the prescribed bus exchange;
• allow residential and mixed-use buildings up to 6 storeys and a density of up to 2.5:1 Floor Space Ratio within 201 and 400m of the prescribed bus exchange; and
• Remove off-street residential parking minimums and allow parking supply to be determined by market need and demand. Accessible parking requirements and parking required for non-residential uses (i.e., commercial and institutional uses) still apply.

At a minimum, the Province requires municipalities to designate a TOA in a zoning bylaw through a bylaw amendment, or adoption of a standalone bylaw. Pre-zoning land to permit the minimum prescribed height and density is not required under the legislation.

The proposed TOA Designation Bylaw No. 1134 (Attachment 1) designates the TOA area as an amendment to the Zoning Bylaw, without increasing heights and densities for lands within the TOA. This would ensure that the rezoning process still applies. Should an interest arise in developing TOA lands, a rezoning application would be required, which would follow the Town’s regular rezoning application process; however, the Town must permit the prescribed minimum density (FSR) and height noted above. In addition, other Town bylaws, policies, professional report recommendations, development permit area guidelines and requirements, etc., would also still apply.

Public Hearing and Notification Not Required

A public hearing, or notice, is not required for a TOA designation bylaw. The only pre-adoption requirement is in section 585.52 (which comes into force on June 30). Similarly, no public hearing or notice is required for amendments to parking requirements adopted under s. 525 of the Local Government Act (LGA), which means that the changes proposed to comply with section 525.1 of the LGA (no parking requirements for residential uses in transit-oriented areas) can also be adopted without notice or public hearing. Therefore, the TOA designation bylaw will be brought forward for Council’s consideration for first, second and third reading at a future Council meeting.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

The new housing legislation is expected to trigger population growth and development in the community to provide additional housing units, which will in turn require additional social and physical infrastructure (programs, schools, parks, transit services). There is a potential for emissions reduction in the possibility of seeing greater densities in our communities, a shift to greater reliance on public transportation, walking and cycling.

FINANCIAL IMPLICATIONS:

Other than the legal fees associated with the review of the TOA designation bylaw, there are no additional financial implications associated with this report.

CONCLUSION:

Under Bill 47-2023 (Transit-Oriented Areas), the Town is required to designate, by Bylaw, the prescribed TOA. The proposed amendments do not pre-zone lands, and any future development consideration for the lands identified within the TOA are subject to rezoning; however, the Town must permit the minimum height and density prescribed by the Province. It is recommended that the draft TOA designation bylaw is brought forward for first, second, and third reading at a future Council meeting, in order to meet the Provincial deadline.

ATTACHMENT:

• Draft Transit-Oriented Area Designation Bylaw No. 1134