Small-Scale, Multi-Unit Housing Zoning Bylaw Amendments (Council Report)

Small-Scale, Multi-Unit Housing Zoning Bylaw Amendments

RECOMMENDATION:

THAT the report dated May 28, 2024, titled “Small-Scale, Multi-Unit Housing Zoning Bylaw Amendments” prepared by the Director of Development Services be received.

ALTERNATIVES:

There are no alternative options associated with this report.

PURPOSE:

The purpose of this report is to introduce Small-Scale, Multi-Unit Housing (SSMUH) zoning regulations and additional amendments to Zoning Bylaw No. 900, 2014.

TIME CRITICAL:

To comply with Bill 44 – 2023, the Province requires that the Town amend the Zoning Bylaw by June 30, 2024 to permit SSMUH.

EXECUTIVE SUMMARY:

Under Bill 44 – 2023, the Province requires all municipalities to update their Zoning Bylaws to allow for SSMUH. Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 has been prepared to introduce a series of zoning bylaw amendments to comply with the Provincial housing legislation. In addition to the new SSMUH zoning regulations, the zoning bylaw amendment includes additional modifications to secondary suite, vehicle parking, and lot coverage regulations, and updates to general regulations for consistency purposes.

BACKGROUND:

At the regular meeting of Council on May 21, 2024, Council passed the following motion with respect to SSMUH zoning bylaw amendments:

THAT staff prepare the necessary bylaw amendments that would include the recommendations in the Standing Committee Report prepared by Standing Committee on Housing members titled “Implementing Small-Scale, Multi-Unit Housing in View Royal” (Option 3) as well as Schedule D: Garden Suite Regulations and Option 1 Schedule E: Small-Scale, Multi-Unit Housing Regulations attached to the staff report dated May 7, 2024 from the Senior Planner titled “Small-Scale Multi-Unit Housing – Proposed Zoning Regulations and Amendments to the Official Community Plan”.

AND

THAT the information provided by Councillor Rogers at the May 21, 2024, Council meeting regarding lot coverage provisions for Option 3 Small-Scale Multi-Unit Housing be referred to staff for consideration in the Zoning Bylaw updates.

DISCUSSION:

Zoning Bylaw Amendments

Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 (refer to Attachment 1) has been prepared for Council’s consideration. The proposed amendments address the following items:

• implementation of the Provincial housing legislation by introducing Schedule D: Garden Suite Regulations and Schedule E: Small-Scale, Multi-Unit Housing Regulations;
• minor refinements to definitions of residential uses and the addition of a new definition for “breezeway”;
• addition of garden suite to home occupation regulations;
• refinements to the secondary suite regulations, including the deletion of the maximum floor area requirement for consistency with the BC Building Code;
• a reduction of the minimum separation distance between a principal dwelling and an accessory building from 3m to 2.4m for consistency with the BC Building Code;
• refinements to residential and accessible parking requirements, and addition of a visitor parking requirement; and
• placing “lot coverage” and “impermeable surface coverage” under a new heading in all standard zones and Schedule E: Small-Scale, Multi-Unit Housing Regulations to treat a relaxation to these zoning provisions as a variance instead of a rezoning.

Under Bill 44 – 2023, the Province prohibits a municipality from holding a public hearing on the proposed SSMUH zoning regulations.

SSMUH Lot Coverage Regulations

Staff took into consideration the proposed lot coverage provisions for Option 3 Small-Scale Multi-Unit Housing provided by the Standing Committee on Housing Legislation (SCOHL). Summarized in Table 1 below (as per Option 3 recommended by SCHOL) is a comparison of the proposed lot coverage provisions by the Standing Committee and the provisions in the Schedule E: Small-Scale Multi-Unit Housing Regulations.

Table 1. A comparison of the proposed lot coverage provisions by the Standing Committee and the provisions in the Schedule E: Small-Scale Multi-Unit Housing Regulations. *SSPkg (Site Standard Package – Provincial SSMUH Manual) ** Difference between SCHOL and Schedule E

For SSPkg A that permits two dwelling units (i.e., duplex), the proposed maximum lot coverage in Schedule E is 40% whereas SCHOL is proposing a lot coverage of 20%. For comparison, the R-2 Zone, Duplex Residential, requires a minimum lot size of 650 m² and maximum lot coverage of 50% for a duplex. It is worth noting that the majority of parcels in View Royal are within the parcel range of 501 m² and 1500m². However, given that there is no lot size range provided for SSPkg A, a greater lot coverage of 40% is recommended to provide more flexibility for the smaller size lots to accommodate duplexes.

FINANCIAL IMPLICATIONS:

The Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 was reviewed by the Town’s legal counsel, and legal fees were incurred by the Town.

CONCLUSION:

To comply with the Provincial housing legislation, Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 has been prepared for Council’s consideration for first, second and third reading at the regular Council meeting on June 4, 2024.

ATTACHMENTS:

Attachment 1: Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1135, 2024 Attachment 2: Redline version of Zoning Bylaw No. 900, 2014. Attachment 3: Committee of the Whole Report dated May 14, 2024.