MINUTES OF THE STANDING COMMITTEE MEETING ON HOUSING LEGISLATION - APRIL 19, 2024

MINUTES OF THE STANDING COMMITTEE MEETING ON HOUSING LEGISLATION

HELD ON FRIDAY, APRIL 19, 2024 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT: Mayor S. Tobias, Chair Councillor R. Mattson Councillor J. Rogers L. Jeaurond C. Walker D. Wilson

PRESENT ALSO: S. Sommerville, Chief Administrative Officer L. Taylor, Director of Development Services I. Leung, Director of Engineering S. Scory, Senior Planner D. Miles, Recording Secretary

7 members of the public 0 members of the press

1. CALL TO ORDER – The Chair called the meeting to order at 3:00 p.m.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the agenda be approved as presented. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

MOVED BY: D. Wilson SECONDED: C. Walker

THAT the minutes of the Standing Committee on Housing Legislation meeting held April 5, 2024 be adopted as amended by adding under Section 5. Exemptions and Extensions’ bullet item “On street parking and pedestrian accessibility concerns”, as the second item in the “Staff noted that” list:

“Lands within the 400m of prescribed frequent bus stops are exempt from requiring residential off-street parking as per Small-Scale Multi-Unit Housing Site Standards Package D in the Provincial Policy Manual & Site Standards.” CARRIED

4. EXTENSIONS a) Review of Staff Update on Extensions Submissions b) Considerations for Committee Recommendations for Council

5. STAFF UPDATE a) Extensions / Exemptions 1. Coastal Flood Risk Areas Map – Technical Memo The Senior Planner presented the memo information and staff discussed:

• Area maps presented for Small Scale Multi-Unit Housing (SSMUH), Coastal Flood Risk, and Environmental Development Permit Areas.
• Areas within the SSMUH and Coastal Flood Risk maps that currently overlap with the Town’s Development Permit Areas.
• That the Town has the ability to require additional geotechnical or flood construction level information from qualified professionals on a case-by-case basis for any development, subdivision, and/or building permit application within those areas.

Staff noted:

• Viability of an extension application given the deadline restriction of June 1, 2024, and the cost and ability to obtain the required supporting documentation from qualified professionals to satisfy the application requirements.
• Coastal Adaptation Plan and Drainage Master Plan projects planned for the Town and expected completion dates.

The Committee discussed:

• Areas with sea level rise concerns and projection data, potential development, and infrastructure impacts and reason for exemption.
• The 2021 Capital Regional District (CRD) Report on Sea Level Rise and Tsunami Risk and its inclusion in the exemption application.
• Recommendation on applicability for exemptions to the Housing Legislation.
• Flood construction levels, flood plains, king tides, storm surge, atmospheric rivers, and liability potential for the Town.
• The current 2021 CRD report is out of date and the Committee would like to see current information.
• Options for extension or exemption applications, noting that the policy states there must be a significant threat or risk that is unable to be mitigated.

MOVED BY: Councillor Rogers SECONDED: L. Jeaurond

THAT the Committee recommend to Council that staff be directed to prepare an exemption application from the Small Scale Multi-Unit Housing Legislation for areas noted on the map affected by sea level rise and tsunami until the Town's Coastal Adaptation Plan is completed. DEFEATED Mayor Tobias, D. Wilson, C. Walker, Councillor Mattson opposed

MOVED BY: Mayor Tobias SECONDED: Councillor Rogers

SCOHL-01-24 THAT the Committee recommend to Council that staff be directed to prepare an application for a four-year extension from the Small Scale Multi-Unit Housing Legislation for the lands identified on the Coastal Flood Risk Areas map until the Coastal Adaptation Plan and Official Community Plan update are completed. CARRIED D. Wilson opposed

MOVED BY: Mayor Tobias SECONDED: Councillor Mattson

THAT the meeting be extended to 5:00 p.m. CARRIED

2. SSMUH Housing and Infrastructure The Director of Engineering reviewed the SSMUH map that included the areas that are currently without sidewalks and strata roads where sidewalks cannot be required. He noted that 17km of single side or 34km of dual side sidewalks would be required in these areas; and the installation cost would pose a significant cost to the Town, impacting tax rates.

Staff noted:

• A Drainage Master Plan is required to be completed.
• Development is required to have a net zero drainage impact pre and post construction. therefore this may not be accepted by the Province as a reason for an extension.
• A Development Cost Charges (DCC) Bylaw amendment may be an extension option.

The Committee discussed:

• Areas without sidewalk, areas without storm drains, and open ditch systems.
• Need for the Transportation and Drainage Master Plans and the DCC Bylaw update.
• Timelines for extension request.

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

SCOHL-02-24 THAT the Committee recommend to Council that a request for a four-year extension from the Small Scale Multi-Unit Housing Legislation be considered for those areas that are underserved by sidewalks to allow for the Transportation Master Plan, Drainage Master Plan, and Development Cost Charges Bylaw updates, and amendments to be completed. CARRIED

b) Draft Transit Oriented Area (TOA) Amendment Bylaw No. 1134, Small Scale Multi-Unit Housing (SSMUH) Amendment Bylaw No. 1135, 2024 and Garden Suite Regulations

The Senior Planner reported that:

• The Transit Oriented Area (TOA) map shows the designated lands within 400m of the prescribed bus exchange on Hospital Way that are entitled to greater heights and densities, and no on-site residential parking requirement as per Bill 47-2023.
• Inclusion of additional parcels to prevent orphaned properties at the periphery of the TOA is encouraged as it will integrate development in those areas. These areas are shown on the TOA map and will be a schedule to the bylaw.
• The SSMUH map shows areas where 4 to 6 units/parcel would be permitted.
• Test fit examples were presented, showing potential development examples using draft zoning regulations that staff will be presenting in the amendments.

Staff noted:

• Lands within the TOA designation map are still subject to a rezoning application where the proposed height and density exceed the current zoning. The height and density proposed could not be denied, however, the Town maintains the ability to collect Development Cost Charges, Community Amenity Contributions, and apply standard requirements as per Town bylaws such as the Subdivision and Development Servicing Bylaw.
• The purpose of the TOA designation bylaw is to indicate designation areas only which would not change their current zoning. Therefore, if a property is zoned single family and an owner would like to build a single family dwelling, the current zoning restrictions for height, setbacks and lot coverage would still apply.
• Additional parcels outside the designated area can be included or removed as per Council direction.
• The Town is required to make amendments that support the intent of the legislation and that any restrictions that are viewed as prohibitive may be rejected by the Province.
• Based on the Council meeting schedule, the Town would be required to have bylaw adoption completed by June 18, 2024 to meet the Provincial deadline. Bylaw readings should begin by mid-May. Additional discussions should be addressed promptly if the Committee would like to see the SSMUH regulations again.

The Committee discussed:

• The ability of landowners to continue building single-family dwellings despite the designation and which rules would apply to the development.
• Concerns regarding massing and height for “monster mansions” and multi-unit housing.
• The inclusion of the additional parcels on the TOA map.
• Additional discussion regarding exploration of setbacks and other zoning restrictions to look at impacts on parcels and the wording within the bylaw amendments.

MOVED BY: Councillor Rogers SECONDED: D. Wilson

SCOHL-03-24 THAT the Committee recommend to Council that any additional properties not required to be included on the Transit-Oriented Areas Designation Map be removed. CARRIED

6. BUSINESS ARISING FROM PREVIOUS MINUTES

7. REPORTS

8. CORRESPONDENCE

9. NEW BUSINESS Next meeting is proposed for Friday, May 3, 2024 at 3:00 p.m.

10. TERMINATION

MOVED BY: Councillor Rogers SECONDED: Mayor Tobias

THAT this meeting now terminate at 5:00 p.m. CARRIED

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CHAIR RECORDING SECRETARY