COUNCIL REPORT - OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW – DEVELOPMENT PERMIT AREA AMENDMENTS

OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW – DEVELOPMENT PERMIT AREA AMENDMENTS

RECOMMENDATION:

THAT staff prepare the necessary notification requirements for a public hearing;

AND THAT staff prepare a newspaper advertisement in addition to the public notification requirements in the Public Notification Bylaw No. 1106.

ALTERNATIVES:

There are no alternative options with this report.

PURPOSE:

The purpose of this report is to introduce Official Community Plan No. 811, 2011, Amendment Bylaw No. 1139, 2024, which includes proposed amendments to Schedule P – Form and Character Development Permit Areas map and addition of a new Development Permit Area: Intensive Residential – Garden Suite in the Official Community Plan (OCP).

TIME CRITICAL:

Adoption of the proposed amendments are not time critical; however, failure to adopt amendments to the OCP would allow the development of small-scale, multi-unit housing (SSMUH) and garden suites without a form and character development permit.

BACKGROUND:

At the Committee of the Whole meeting on May 14, 2024, staff presented the proposed changes covered in the OCP bylaw amendment. The report presented at Committee of the Whole is attached to this report (refer to Attachment 2).

Under the new housing legislation adopted in December of 2023, municipalities are required to make significant changes to their Zoning Bylaws to permit secondary suites and/or garden suites and a minimum of 3, 4, and 6 dwelling units in all restricted zones.

In addition to the legislative requirements of the Province, a municipality may choose to regulate the form and character of a development through Development Permit Areas under the Section 488 of the Local Government Act (LGA). Staff have prepared amendments to the OCP based on comments and feedback received from members of Council and the Standing Committee on Housing, for Council’s consideration.

DISCUSSION:

Staff are proposing the following two amendments to the OCP:

1. An amendment to Schedule P Form and Character Development Permit Areas map.

   The majority of SSMUH parcels are not currently within a form and character development permit area; and therefore, the Town does not have control over the site and building design, and on-site landscaping for new SSMUH development. In consideration of this, an amendment to Schedule P is proposed to ensure that moving forward, all SSMUH developments would be subject to a development permit (refer to Attachment 1).

   While regulating SSMUH through a development permit is not recommended under the Provincial Policy Manual & Site Standards, the legislation does not prohibit municipalities from regulating form and character for SSMUH development.

2. Establish a new development permit area titled Development Permit Area Intensive Residential – Garden Suite and associated design guidelines.

   A development permit area for garden suites ensures that the existing form and character of established neighbourhoods may be maintained while increasing the overall supply of rental dwelling units. The proposed design guidelines address preliminary suite design and layout, building design, landscaping and outdoor amenity space, sustainability, parking and access, and waste and compost. A garden suite development permit area has not been added to Schedule P Form and Character Development Permit Areas map in the OCP, because the proposed development permit area applies to the entirety of the Town (refer to Attachment 1).

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

The new housing legislation is expected to increase housing supply and trigger population growth, which is expected to increase demand for social and physical infrastructure. To reduce community greenhouse gas emissions (GHG), the Town has adopted Level 4 Zero Carbon Step Code for new construction. Locating higher densities near frequent transit stops and cycling infrastructure may promote a shift in reliance from private automobile use to public and active public transportation options, further reducing GHG emissions.

FINANCIAL IMPLICATIONS:

Some funds approved by Council have been used towards zoning testfits to illustrate and inform proposed zoning bylaw amendments, which have been used to inform the proposed OCP amendments.

PUBLIC NOTIFICATION:

To ensure that the public is aware of the proposed OCP bylaw amendment and provide opportunity for the public comment on the proposed amendments, staff are recommending to Council that a newspaper advertisement be placed in a local newspaper. This is not a required form of public notification in the Town’s newly adopted Public Notification Bylaw No. 1106; however, staff are aware of the importance of the proposed changes and would like to ensure that the public has ample opportunity to provide input. The other required methods of notification in the Public Notification Bylaw, including the Town’s website, social media platforms, and public notice posting board, will be applied as required. Should Council endorse a newspaper advertisement, staff will prepare an advertisement for the Goldstream Gazette in advance of the Public Hearing.

CONCLUSION:

The proposed amendments would provide design interventions for new SSMUH and garden suite development, so that new housing infill development may be seamlessly integrated into the community. While the regulation of SSMUH through development permit areas is not required or recommended by the Province, municipalities have the option to regulate under the LGA.

Staff are proposing OCP amendments based on feedback received from Council and members of the Standing Committee on Housing that consider the potential impacts of new housing in our community, while also understanding that new SSMUH and infill housing are a reality for the community moving forward. Staff recommend that Council consider first and second reading of Official Community Plan No. 811, 2011, Amendment Bylaw No. 1139, 2024 at the June 4 Council meeting, and advance the consideration of the bylaw to public hearing.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Official Community Plan No. 811, 2011, Amendment Bylaw No. 1139, 2024
2. Committee of the Whole Staff Report – SSMUH Proposed Zoning Regulations and Amendments to the Official Community Plan (May 14, 2024).