The District of North Vancouver is currently working on updating their zoning bylaws in response to the Province’s housing legislation regarding Transit Oriented Areas (TOAs) and Small-Scale Multi-Unit
Housing (SSMUH).

TOAs in the District of North Vancouver

There are two TOAs in the District: Phibbs Bus Exchange (the Phibbs TOA) and Capilano University Bus Exchange (the Cap U TOA) (see maps below).

The District estimates that the TOAs will see 1,800 units developed over the next 10 years, and that the overall theoretical maximum build out would see approximately 5,500 additional new units above the existing OCP.

SSMUH in the District

Bill 44 requires the District to approve a zoning bylaw that complies with SSMUH requirements by June 30, 2024, by allowing small-scale, multi-unit housing in zones that would otherwise be restricted to single-family dwellings or duplexes.

The SSMUH legislation requires that all residential zones permit a minimum of 3, 4 or 6 units depending on their size and proximity to frequent bus service.

Many of the lots in the District are located in creek, slope and wildfire hazard development permit areas and are therefore exempt.

Here’s the breakdown on lots under SSMUH:

• There are 19,961 single family zoned lots in the District
• 8,583 lots are exempted under DPAs and will remain single family zoned
• 8,494 lots are deemed to be “challenging” for servicing
• 2,884 lots are deemed feasible for servicing
• 1,295 lots are permitted 6-units (located within 400m of frequent bus service)

Full PDF versions of the SSMUH maps can be viewed here: https://www.dnv.org/sites/default/files/phipo-maps.pdf

Further information can be viewed here: https://www.dnv.org/community-environment/new-provincial-housing-legislation

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Gracorp has completed on the sale of a Broadway Plan tower site at 2175 West 7th Avenue in the Kits neighbourhood.

The 18,000 SF site mid-block site has a rezoning application for a 20-storey, 182-unit rental tower at a total density of 6.50 FSR.

The purchase price of $26,000,000 equates to $222 per buildable SF based on the density in the proposed rezoning application.

The City of Port Moody has released a staff report discussing the Province’s recent legislation and housing initiatives. Included in the report is an outline of the City’s proposed approach to the Transit Oriented Areas (TOAs), as well as proposed timing to create ACC’s, update DCC’s and update the OCP.

In Port Moody, the two TOAs that took effect immediately are:
– Inlet Centre Station
– Moody Centre Station

A map has now been generated by the City of Port Moody to show any parcel of land that is deemed to be within the catchment area of the TOA.

The above map can be viewed here.

The report notes that “the Province expects local governments to transition to new planning tools, such as the ACC Bylaw, by mid-2025. As such, staff will need to revisit and revise for Council’s consideration the policy to allow collection of density bonus funds above the new TOA FAR limits, while maintaining the 2.5 FAR threshold for the rest of the City in 2025.”

The report also references the City’s existing inclusionary zoning policy in the TOAs:

“Similarly, the new minimum densities in the TOAs will likely render the City’s Inclusionary Zoning –Affordable Housing Units Policy financially unfeasible. For cities that utilize a density bonus to achieve affordable units, they will no longer be able to do so, except on densities greater than the 3, 4, or 5 FARs allocated through the MD Framework within the TOAs. Port Moody’s Inclusionary Zoning Policy relies upon both the increased land value associated with a higher density and the density bonus itself. As the density bonus will begin at higher FARs within the TOAs, it is likely that inclusionary units will no longer be financially feasible for nearly all projects.

However, as part of the recent webinars, the Province has mentioned that future legislation will include the development of an inclusionary zoning program. The timeline for this legislation is likely Spring 2024 as referenced above.”

The report outlines the following proposed timeline for implementation of the new zoning bylaws to reflect the TOA policy:

Regarding DCC’s and ACC’s the City expects to develop bylaws for both beginning in late 2024, with an expectation to have bylaws adopted for both in late 2025.

Here is the proposed timeline for implementation of ACC’s:

Port Moody was in advanced stages of updating their OCP prior to the Province’s housing legislation. The OCP update has now been paused until next year as a result of the new TOA policy.

Multiple municipalities have now referenced forthcoming legislation from the Province regarding inclusionary zoning, expected in “Spring 2024”.

A full version of the Council report can be viewed here: https://pub-portmoody.escribemeetings.com/filestream.ashx?DocumentId=22270

The City of Burnaby is seeking Council approval on draft Development Cost Charge (DCC) and Amenity Cost Charge (“ACC”) rates, the latter of which is a new charge being developed by each municipality in Metro Vancouver as a result of new Provincial legislation.

Through Bill 46 – Housing Statutes (Development Financing) Amendment Act, 2023, the Province introduced a new tool, ACCs, to help local governments finance services and amenities through development.

Concurrent with updating their OCP, Burnaby will be re-writing their zoning bylaws to comply with and respond to the recent changes in Provincial legislation, including interim updates to meet the June 30, 2024 deadline for the City to: (1) amend the Zoning Bylaw to permit Small Scale Multi-Unit Housing (SSMUH) on lots currently zoned for single and two family housing; and (2) designate all Transit Oriented Areas (TOAs) within Burnaby that are subject to the minimum TOA density and height requirements prescribed by the Province.

ACCs can be used to collect funds for growth-related facilities or features that provide social, cultural, heritage, recreational or environmental benefits to a community. These include, but are not limited to, recreation and community centres, libraries, and childcare facilities.

If Council agrees with the proposed DCC and ACC rates as outlined above, then staff will move forward accordingly; bringing forward a future report with the final recommended DCC and ACC rates for approval at the March 25 Council meeting.

Staff will then forward the DCC Bylaw to the Provincial Inspector of Municipalities for approval. Approval of the Inspector is required for the DCC Bylaw but is not required for the ACC bylaw. The Inspector’s office has indicated that their DCC review process currently takes between 8 to 10 weeks.

Once the City receives Inspector approval of the DCC Bylaw, the DCC Bylaw and ACC Bylaw will be advanced for Final Adoption. The goal is for both the new DCC bylaw and ACC bylaw to be in place before the June 30, 2024 deadline.

If you’re an owner of a property within a Transit Oriented Area (TOA) and are interested in learning more about the ACC rates and their attendant impact on property values, please reach out to us.