Provincial Housing Legislation 2024/2025 Workplan Presentation

Presentation Objectives

• Provide an overview on new Provincial Housing Legislation (Bills 35, 44, 46 and 47)
• Present a proposed workplan to be led by the Development Services Department with specific tasks and timelines mandated by the Province

Bill 35 – 2023 - Short-Term Rental Accommodations Act

• Give local governments stronger tools to enforce short-term rental bylaws
• Return short-term rental units to the long-term housing market
• Establish a new Provincial role in the regulation of short-term rentals.

Bill 35 – 2023 – Short-Term Rental Accommodation Act

• Short-term rentals (aka “Vacation Rentals”) are prohibited in the Town.
• The new Act provides local governments with new regulatory and enforcement tools to manage short-term rentals, such as fines and tickets, data sharing and provincial compliance and enforcement unit.

Bill 44 – 2023 Housing Statutes (Residential Development) Amendment Act

• Small-scale, multi-unit (SSMUH) housing includes the following housing types:
  • secondary suites in single-family dwellings
  • detached accessory dwelling units (ADUs) such as garden suites,
  • triplexes
  • houseplexes (four or more units)
  • townhomes

Bill 44 – 2023

• Secondary suites and/or accessory dwelling units (i.e. garden suites) are allowed in all single-family residential zones
• SSMUH must be permitted on each parcel of land that is currently zoned exclusively for single-family or duplex residential use.
• The requirements apply in single-family and duplex zones that already allow a secondary suite and/or an ADU.
• The number of dwelling units that must be allowed by parcel size are:
  • A minimum of three units on parcels that are less than 280 m²
  • A minimum of four units on parcels greater than 280 m²
  • Some exemptions apply.

Bill 44 - 2023

• Approx. 9 parcels that have lot areas less than 280m² (up to three units)
• Approx. 1691 parcels that have lot areas greater than 280m² (up to four units)
• Further analysis will be required

Bill 44 – 2023 – SMMUH near Frequent Bus Service

• Six units of SSMUH must be allowed near frequent bus service on single-family and duplex residential lots that are greater than 280 m².
• No minimum parking requirements within 400m of prescribed frequent bus stops
• A maximum of 0.5 parking spaces per unit within 800m of prescribe frequent bus stops.
• Frequent transit bus stops are defined as bus stops with at least one route with the following service:
  • Monday to Friday: A bus must stop at least every 15 minutes, on average, between the hours of 7 a.m. and 7 p.m
  • Saturday and Sunday: A bus must stop at least every 15 minutes, on average, between the hours of 10 a.m. and 6 p.m.

Bill 44 – 2023 – SMMUH near Frequent Bus Service

• Four bus stops along Island Hwy (rapid transit corridor)
• Two bus stops on Helmcken Road near TCH
• Approx. 413 parcels within 400m of prescribed frequent bus stops (up to six units)
• Further analysis will be required

Bill 44 – 2023 – other changes

Public Hearings:

• One-off, site-by-site public hearings for rezonings have been phased out for residential and mixed-use projects consisting of at least 50% housing that are consistent with OCPs.
• Rezonings that are not consistent with the OCP would still require a Public Hearing
• Public hearings will continue to be required whenever local governments update or develop new OCPs

Housing Needs Reports:

• All local governments must update their HNRs to quantify the current and anticipated housing needs over the next 20 years.

Bill 44 – 2023 – other changes

Official Community Plan:

• OCPs must identify areas for residential development to meet anticipated housing needs for at least the next 20 years and align with the HNRs.
• OCPs must include policies for affordable housing, rental housing and special needs housing.
• OCPs must include policies that address a wider range of housing types (e.g., affordable housing, rental housing, housing for families, etc.)
• Review and update OCPs every five years with public engagement to plan for enough homes to reflect forecasted growth over the next 20 years (rather than five).

Zoning Bylaw:

• Align Zoning Bylaw with the OCP and HNR on a regular basis, including updates to land use and density regulations to accommodate the total number of housing units needed over at least the next 20 years in accordance with the HNRs.

Bill 46 – 2023 Housing Statutes (Financing Tools) Amendment Act

• Collect Development Cost Charges (DCCs) for fire protection facilities (e.g., fire halls), police facilities, and solid waste facilities.
• Amenity Cost Charges (ACCs) to collect funds for amenities like community centres, recreation centres, daycares, and libraries from new development that results in increased population.

Bill 47 – 2023 Housing Statutes (Transit-Oriented Areas) Amendment Act

• The Province has identified the bus exchange on Hospital Way as a Tier 2 Transit-Oriented Area:
  • Pre-zone land within 200m or less to allow residential and mixed-use buildings up to 10 storeys and a density of up to 3.5:1 Floor Space Ratio.
  • Pre-zone land within 200m – 400m to allow residential and mixed-use buildings up to six storeys and a density of up to 2.5:1 Floor Space Ratio.
  • Local governments can approve densities that exceed the provincial regulations at their discretion.
  • Remove restrictive parking minimums for off-street residential and allow parking volumes to be determined by market need and demand.

Bill 47 – 2023 Transit-Oriented Area (Hospital Way)

• Approx. 85 parcels within the 400m buffer
• Further analysis will be required

2024/2025 Workplan

Public Consultation

• One-off and site-by-site public hearings for rezonings for housing projects that are consistent with the Official Community Plan are no longer permitted. The public can still submit correspondence on a rezoning application to be published on the COW and Council Agendas for Council’s consideration.
• The Province envisions more frequent opportunities for people to be involved in shaping their communities earlier in the process, when the OCPs are updated (or wholesale rewrites) every five years.
• The Town’s opportunity to seek community input through working groups or advisory committees will be limited on SSMUH implementation.
• The Town will have some discretion on zoning criteria for these housing types, but Council and staff must meet the Province’s parameters and the intent of the legislation.

Recommendation

THAT the Draft 2024-2028 Financial Plan include pre-approval for expenditures up to $37,500.00 funded from the Homes for People grant to support the immediate commencement of work on updates to the Zoning Bylaw and Official Community Plan, and the Interim Housing Needs Report, as required by Provincial Bill 44-2023 and Bill 47-2023.