Committee of the Whole Report: Delegation of Small-Scale, Multi-Unit Housing and Garden Suite Permits

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole
DATE: May 24, 2024
FROM: Stirling Scory, RPP, MCIP, Senior Planner; Leanne Taylor, RPP, MCIP, Director of Development Services
MEETING DATE: June 11, 2024

DELEGATION OF SMALL-SCALE, MULTI-UNIT HOUSING AND GARDEN SUITE FORM AND CHARACTER DEVELOPMENT PERMITS, AND DEVELOPMENT PERMIT RENEWALS

PURPOSE:

To present the Committee of the Whole with proposed amendments to Delegation Bylaw No. 872, 2015, to provide staff with additional delegated approval authority for garden suites and Small-Scale, Multi-Unit Housing (SSMUH) form and character development permits (DPs) up to six dwelling units, regulated through the Official Community Plan (OCP), and development permit renewals.

OPTIONS:

Option 1 – Recommended: Delegate Authority for Intensive Residential – Garden Suite and SSMUH Form and Character Development Permits, and Development Permit renewals

THAT the necessary bylaw amendment be prepared to grant delegated authority to the Director of Development Services to approve the following:

1. Form and character development permits for garden suites within Intensive Residential – Garden Suite Development Permit Area (DPA) and SSMUH up to six units within the Mixed Residential DPA.
2. The renewal of an existing valid development permit subject to the following conditions: i. The permit being renewed must be unlapsed at the time of application; ii. The plans must be unchanged from the original approved development permit; unless the changes are for consistency with new policies or regulations in which case a delegated development permit renewal does not apply; and iii. The permit be valid for two years from the date of issuance.

Rationale:

Under Option 1, staff would have the delegated authority to approve garden suite and Mixed-Residential DPs that would be applicable only for SSMUH development up to six dwelling units. Staff would not have delegated authority to approve variances; this means any DP containing a variance(s) request would require Council approval.

Staff anticipate that there may be an increased demand on Development Services’ workload with additional permit applications for garden suites and SSMUH DPs. By granting delegated authority to staff, it would streamline the development approval process and improve the efficiency of limited staff resources while still ensuring that new developments are consistent with design guidelines and fit in with neighbourhood context. A development application that is not consistent with the design guidelines would be referred to Council for consideration.

There have been occasions due to unforeseen circumstances where an approved DP lapses after two years because construction has not substantially started. Instead of requiring an existing valid DP to go through a timely process for re-issuance, staff recommends that DP renewals be delegated to staff. The conditions would be that the original DP has not lapsed at the time of renewal and the plans remain consistent with the approved plans from the originally approved DP; unless the changes are for consistency with new policies or regulations in which case a delegated development permit renewal would not apply.

Option 2: Delegate Garden Suite DPs and Development Permit renewals only

THAT the necessary bylaw amendment be prepared to grant delegated authority to the Director of Development Services to approve the following:

1. Form and character development permits for garden suites within Intensive Residential – Garden Suite Development Permit Area.
2. The renewal of an existing valid development permit subject to the following conditions: i. The permit being renewed must be unlapsed at the time of application; ii. The plans must be unchanged from the original approved development permit; unless the changes are for consistency with new policies or regulations in which case a delegated development permit renewal does not apply; and iii. The permit be valid for two years from the date of issuance.

Rationale:

Option 2 would allow for the delegated authority of garden suite DPs; however, SSMUH DPs up to six units would require Council approval. This option would demand a significant amount of staff time and resources to process small-scale infill development applications as it requires the preparation of staff reports, presentations and agendas (which involves multiple staff), and it adds to the delay for an applicant to receive a building permit to construct SSMUH housing.

Should the Committee support Option 2, staff anticipate delays in development permit approval timelines due to an increased volume of DP applications as a result of Bill 44 - 2023. To maintain an exceptional level of service and improve operational efficiencies, Option 2 is not recommended.

Option 3: No additional delegated authority to staff

THAT Council not delegate authority to staff to approve garden suite and SSMUH development permits up to six units, and development permit renewals.

Rationale:

Under Option 3, Council would continue to approve garden suite and SSMUH DPs, and DP renewals. Even though development permits would be considered and approved within a public forum, this option would likely result in delays in small-scale infill housing development permit approval timelines. To maintain an exceptional level of service and improve operational efficiencies, Option 3 is not recommended.

TIME CRITICAL:

This report is not time critical; however, it would be useful to amend the Delegation Bylaw in parallel with the other bylaw amendments that are occurring around Bill 44 legislation to facilitate a comprehensive approach, and greatly improving operational efficiencies and effectiveness.

BACKGROUND:

Under the provincial housing legislation introduced through Bill 44 – 2023, and the Provincial Policy Manual and Site Standards guidelines, municipalities are encouraged to look at ways to improve development approval processes.

DISCUSSION:

View Royal’s Delegation Bylaw (Bylaw No. 872) currently delegates authority for two permit types: natural watercourse and shoreline, and sensitive terrestrial ecosystem permits where variances are not requested.

Delegation of Garden Suite and SSMUH Development Permits

Staff have completed a regional comparison analysis of municipalities in the region, which currently have delegated authorities for multi-unit residential and garden suite/carriage house form and character development permits. See Table 1 below:

Table 1 - Delegated Authority Summary of Approval Powers

Of note is the Township of Esquimalt, which has recently amended their delegation bylaw (March 2024) to be consistent with the Province’s housing legislation and provincial policy manual and site standards guidelines. The Township delegates all development permits to the Director of Development Services. This also includes SSMUH DPs for up to six residential units.