TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: June 3, 2024 Report No. DEV-24-035
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Small-Scale Multi-Family Housing (SSMFH) Zoning Bylaw Amendment
RECOMMENDATION:
Recommendation
1. That Council give first, second, third reading to, and adopt, Zoning Bylaw, 1992, No. 2050 Amendment Bylaw No. 3139.
Body
EXECUTIVE SUMMARY:
This report presents a Zoning Bylaw amendment addressing the recent legislative requirements as set by the Government of British Columbia relating to Small-Scale Multi-Family Housing (SSMFH).
Staff recommends taking the approach of providing only the Zoning Bylaw amendments which the Province is requiring rather than being more comprehensive, and mostly following the Provincial recommendations around site standards. Staff recommends that further amendments to the Zoning Bylaw are better served in an omnibus bylaw later in the year.
Staff proposes that all eligible parcels in the Township retain their existing zoning until they meet a minimum number of units per parcel. When this is achieved, the new SSMFH zoning and associated site standards will apply.
BACKGROUND:
The proposed amendments to the Zoning Bylaw are a response to the requirements set by the Provincial Government’s Bill 44 legislation and the subsequent Order of the Lieutenant Governor in Council No. 673. Local governments in British Columbia are required to amend their Zoning Bylaws to accommodate the legislation and the order no later than June 30, 2024. In the Township’s case, this involves permitting parcels in ‘restricted zones’ (single-family and two-family zones) to accommodate up to three dwelling units in parcels of 280m2 or less, and up to four dwelling units in parcels between 280m2 and 4,050m2 in size.
The ‘Restricted Zones’ which must accommodate additional dwelling units are:
• Single family zones not permitting a secondary suite or Detached Accessory Dwelling Unit (DADU) (maximum one dwelling unit)
• Single family zones permitting a suite or DADU (maximum two dwelling units)
• Two family zones not permitting a secondary suite or DADU (maximum two dwelling units)
• Two family zones permitting a secondary suite or DADU per dwelling unit (maximum four dwelling units)
The Township is not subject to any transit-related unit requirements as there are no Provincially recognized bus stops or transit-oriented areas within the Township of Esquimalt. Staff proposes that no transit-related zoning be drafted until this either changes, or until the Township has an opportunity to address transit-related zones in the context of an OCP amendment.
The legislation permits local governments to exempt the following parcel types that exist within the Township:
• Parcels in areas subject to hazardous conditions (staff proposes exempting the Tsunami Hazard Areas in the Township)
• Parcels over 4,050m2 in size (The Township has one otherwise restricted parcel over this size at 890 Coles St).
Note that while Staff has been referring to ‘Small-Scale Multi-Unit Housing’ thus far, the Local Government Act references ‘Small-Scale Multi-Family Housing’. Staff has adopted that language and changed all past, current, and future references to use ‘SSMFH’ within this report and in the proposed amendment bylaw to avoid both confusion and to assure adherence to the Provincial legislation.
Chronology:
• March 13, 2024 Committee of the Whole - Introduction to SSMFH
• April 10, 2024 APC Design Review Committee - Introduction to SSMFH
• April 15, 2024 Committee of the Whole - Update on SSMFH zoning progress
• April 16, 2024 Advisory Planning Commission - Introduction to SSMFH
Advisory Body Recommendations:
APC Design Review Committee April 10, 2024
That the APC Design Review Committee recommends to Council the following in relation to the Small-Scale Multi-Family Housing (SSMFH) Policy and ensuing Zoning Bylaw changes:
• Do not include a maximum FAR for the new SSMFH zones.
• Include a maximum floor area per unit with an opportunity to vary through a Development Variance Permit.
• Do not require more restrictive site standards than recommended by the Province.
• Implement the height restriction of 11m for principal buildings.
• Make the grade and height calculation within the Zoning Bylaw in the SSMFH zoning amendment consistent with other municipalities in the CRD.
• Designate the Esquimalt Road, Craigflower Road, Admirals Road, and Tillicum Road corridors as 'frequent transit’.
• Create a 400m buffer for 'frequent transit' corridors.
• Follow the Provincial guidelines for parking if the corridors are to be designated 'frequent transit' corridors and support more on-site bicycle parking for all types of bikes; e-bikes, cargo bikes, etc.
• Include daycare uses in the new zones.
Advisory Planning Commission April 16, 2024
That the Advisory Planning Commission recommends to Council the following in relation to the Small-Scale Multi-Unit Housing (SSMFH) Policy and ensuing Zoning Bylaw changes:
• The commission does not recommend including a maximum FAR in the zones.
• The commission recommends that there should be a maximum floor area per unit.
• The commission does not recommend more restrictive standards than recommended by the Province.
• The commission does not recommend designating the 4 corridors as 'frequent transit'.
• The commission supports having a parking ratio requirement of 0.5 that would match the Town's proposed parking bylaw.
• The Consensus of the commission was to recommend daycare uses in some of the zones.
ANALYSIS:
Staff proposes amending the Zoning Bylaw to meet the minimum requirements of the Provincial legislation. Given the short timeline for implementation, Staff believes that doing so will focus efforts on what is required in advance of the deadline of June 30, 2024. It will give the Township more time to address other Zoning Bylaw amendments within an omnibus bylaw later in the year.
Official Community Plan (OCP) Consistency
Staff’s recommendation to limit the Zoning Bylaw amendments to only what the Province is requiring is in part due to the limits of the transitional provisions relating to OCP consistency within the Provincial legislation.
The Provincial legislation requiring Zoning Bylaw amendments to be implemented by June 30, 2024 do not require that the Township’s OCP be updated to reflect these changes until the end of 2025. If, however, the Township exceeds the minimum Provincial requirements then the Township would be obliged to amend the OCP before the Zoning Bylaw amendment to implement the SSMFH zoning was adopted. This would include the initial proposal to rezone lots to require 6 dwelling units within 400 metres of transit corridors.
Staff feels that any zoning changes beyond what the Province is requiring should wait for an OCP amendment process with public, external agency, and other stakeholder consultation opportunities.
Draft SSMFH Zones
Staff has drafted two SSMFH Zones. The map of the proposed SSMFH eligible zones is attached to the report as Appendix B.
1. Small-Scale Multi-Family Housing Zone (Small Lot) [RSM-1]
2. Small-Scale Multi-Family Housing Zone (Medium Lot) [RSM-2]
The site standards for these two zones:
Staff proposes that the trigger for enabling SSMFH site standards on a restricted lot will be having 3 dwelling units on a parcel within the small lot SSMFH zone, and 3 or 4 dwelling units on a parcel within the medium lot SSMFH zone. This is regardless of whether the existing zoning permits these units or not.
Parking will be provided as per the Parking Bylaw.
Staff is proposing adhering to the Provincial recommendations with the following exceptions:
1. 25m2 (269 sq. ft.) minimum dwelling size to ensure that tiny units are not permitted.
2. 4.5m rear lot line setback (up from 1.5m) to ensure a degree of open space in a rear yard. Staff believes that the Province’s 1.5m rear setback is likely meant for properties with access to a rear lane.
3. Maximum principal buildings per lot of two, to ensure compact and energy-efficient development.
Issues for consideration
The ‘shelf ready’ designs promised by the Provincial government have not yet been released to the public. Staff’s reasoning for proposing adherence (in most cases) to the Provincial recommendations is based in part on expectations that these site standards will best accommodate these designs.
Staff is of the opinion that smaller setbacks will provide site flexibility in terms of the positioning of building envelopes to protect existing trees, enable parking, provide open space opportunities, and provide separation and screening of neighbouring buildings and yards.
Council will have the ability to amend these regulations within the Zoning Bylaw without Public Hearing should changes need to be made in the future.
Design Guidelines are not necessary to meet the minimum Provincial requirements; Staff will be bringing a report forward to the June 2024 APC Design Review Committee to discuss the addition of Design Guidelines for these zones.
OPTIONS:
1. That Council give first, second, third reading to, and adopt, Zoning Bylaw, 1992, No. 2050 Amendment Bylaw No. 3139.
2. That Council postpone consideration of bylaw readings and adoption of Zoning Bylaw, 1992, No. 2050 Amendment Bylaw No. 3139 until the regular meeting of Council on June 24, 2024 and direct staff to make changes to Amendment Bylaw No. 3139 as Council sees fit.
COUNCIL PRIORITY:
Housing.
FINANCIAL IMPACT:
There are no financial implications to the Township as a result of this report.
COMMUNICATIONS/ENGAGEMENT:
Development Services Staff is engaging the Manager of Communications to develop a plan for communicating these changes to the public, to property owners, and to other stakeholders.
TIMELINES & NEXT STEPS:
• The Township must have the Amendment Bylaw containing the Province’s required Zoning Bylaw amendments adopted by June 30, 2024
• Staff will bring forward draft Design Guidelines for discussion to the June 2024 APC Design Review Committee, and to Council later in the summer or early fall.
• Staff is preparing an omnibus amendment to the Zoning Bylaw to address other Zoning Bylaw issues, expected to come forward in the fall.
• Staff hopes to communicate the changes to the public starting late spring/early summer.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
Appendix A Zoning Bylaw, 1992, No. 2050 Amendment Bylaw No. 3139
Appendix B Schedule A.2: SSMFH Zoning Overlay Map
Appendix C Public Correspondence
Appendix D Staff Presentation