STAFF REPORT - TRANSIT-ORIENTED AREA DESIGNATION BYLAW

RECOMMENDATION:

THAT the report dated April 29, 2024, titled “Transit-Oriented Area Designation Bylaw” prepared by the Senior Planner be received.

ALTERNATIVES:

There are no alternative options with this report.

PURPOSE:

The purpose of this report is to provide Council with an update on the proposed Transit Oriented Area Designation Bylaw No. 1134, 2024.

TIME CRITICAL:

Adoption of a Transit-Oriented Area Designation Bylaw is required by the Province under Bill 47 – 2023 by June 30, 2024.

EXECUTIVE SUMMARY:

Transit-Oriented Area Designation Bylaw No. 1134, 2024 (attached) has been prepared for first, second and third reading to meet the Provincial legislative requirements in which all municipalities with a prescribed Transit-Oriented Area (TOA) to designate, by bylaw, the parcels affected by the TOA. The Town’s TOA Designation Bylaw only designates lands without permitting a certain density and height to ensure the identified lands within the TOA are still subject to rezoning. This is to avoid the pre-zoning of land.

The TOA Designation Bylaw has been reviewed by the Town’s legal counsel to ensure the bylaw has been prepared in accordance with the legislation.

BACKGROUND:

Staff presented a draft TOA Designation Bylaw at a Special Council Meeting on April 23, 2024 for initial review and discussion. Council moved a motion to instruct staff to prepare the TOA Designation Bylaw for consideration of future readings.

DISCUSSION:

Under Bill 47-2023, certain municipalities are required to adopt, by bylaw, TOAs that are prescribed by the Province. The prescribed TOA in the Town is located on Hospital Way adjacent to Victoria General Hospital. BC Transit provided the mapping data and coordinates for the location of the bus exchange. Staff prepared a designation map in the bylaw with this information to ensure accuracy.

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.

Rezoning would still be required for additional density on parcels located within the TOA. A public hearing or public notification is not required for a TOA Designation Bylaw, in accordance with the Local Government Act. Council will have an opportunity to consider first, second, and third reading of the Transit-Oriented Area Designation Bylaw No. 1134, 2024 during the May 7, 2024 Council meeting.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

The new housing legislation is expected to trigger population growth and new development with the addition of new housing units, which is expected to require additional social (programs, services) and physical infrastructure (transit services, parks, schools, health-care, commercial and institutional services). Population growth would likely increase greenhouse gas emissions; however, the Town has adopted Zero Carbon Step Code for new construction to reduce community emissions. Furthermore, GHG emissions reduction may be possible with locating greater density around bus exchanges and cycling infrastructure in the Town, as well as a shift in reliance to public and active transit.

FINANCIAL IMPLICATIONS:

The Town has incurred no additional cost other than the legal fees associated with the review of the TOA designation bylaw.

CONCLUSION:

Staff have prepared Transit-Oriented Area (TOA) Designation Bylaw No. 1134, 2024, and it is on the May 7, 2024, Council Agenda for first, second, and third reading.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Transit-Oriented Area (TOA) Designation Bylaw No. 1134, 2024