I have been writing a series of posts about the changes in how housing approvals are regulated in BC as the provincial government rolls out a series of new legislation. I previously wrote about Bill 44 and multiplexes here, then about Bill 46 and the introduction of ACCs here. This is part three, which could have a profound effect on the shape of New Westminster in the decade ahead:

Bill 47: Transit Oriented Development
This bill requires local governments to designate Transit Oriented Development areas around rapid transit stations and other designated transit exchanges where higher density residential development must be permitted and residential parking minimums cannot be applied. By the letter o the legislation, we will need to update our Official Community Plan to designate TOD areas at all SkyTrain stations by June 2024.

As with other aspects of what’s been introduced, I think this is a transformational change that will make our region more affordable, more sustainable, and more livable, and it probably could have been introduced 20 years ago. But I am afraid we don’t have the human resources available to do an optimal job of implementing it by the deadline.

The province is prescribing a minimum density for these TOD areas, saying the local government can permit more density, and any property owner can choose to build smaller than the prescribed minimum, but the local government cannot restrict density to below the minimums. There are details in how density is distributed with prescribed minimum Floor Space Ratios, but for most folks it is easier to envision building heights. Within 200m of a Sky Train Station (red circles below), heights up to 20 storeys will be prescribed. Within 400m (yellow circles), the minimum is 12 storeys, and within 800m (the green circles), buildings up to 8 storeys will be pre-approved. Here are what those TOD zones look like in New West:

As far as the 200m and 400m TOD zones go, this will not be much of a change for New West excepting the 22nd Street Station area (though this looks aligned with where we anticipated the 22nd Street visioning going) and a bit of Sapperton around RCH. Our Downtown zoning is already in this scale, and aside from Sapperton Green, there isn’t a lot of developable space in Sapperton within the 400m circle that isn’t already being built up. The 800m TOD zone, however, could have huge implications for the West End, the Brow of the Hill, Queens Park and Sapperton.

The implications of Queens Park are perhaps most intriguing. Much of the Queens Park Heritage Conservation Area south of Third Ave is within the 800m TOD area. It is unclear to me at this point if this regulation will supersede a Heritage Conservation Area, but for complicated mechanical regulatory reasons, I suspect it will. I am equally suspecting that Designated heritage properties will be exempt, meaning the extra protection offered properties in Queens Park that have had HRAs applied will be important. But I am perhaps getting ahead of myself and the regulations, so we will wait for clarity when those arrive.

The second part of the regulatory change is that all residential parking minimums will be removed from TOD areas. The City will still be able to require commercial parking and some accommodation will be developed to allow cities to require accessible parking for people with disabilities, but overall the number of general parking spots in new residential will be determined by what the market determines it needs, not regulatory minimums.

This will significantly reduce the cost of developing near SkyTrain stations, and is aligned with the City’s Climate Action plans and the provincial CleanBC transportation goals. I am generally in favour, but again there will again be devils in details. It is unclear what this means to goals for off-street EV charging, and what this will do to increase the need for already over-prescribed public EV charging. This will exacerbate pressure for street parking and increase conflict in communities around precious curbside space. Allowing “the Market” to dictate parking need tends to assume people make rational choices, such as only owning the number of cars for which they have parking, and experience indicates this is not how people behave. Further, the “market” relies on pricing signals, and the amount of grief we get for $50 annual parking passes for street paring in some neighbourhoods suggests people aren’t that enamored with market solutions when they are used to getting something for free.

Finally, Transit Oriented Development assumes that there will be transit service at those stations. That assumption will be tested in the year ahead, as TransLink needs a new financial model to sustain its existing service level, even as transit is back to pre-COVID crowding levels, and the Province holds the levers that will allow the system to survive. As this TOD plan rolls out across the region, it is clear maintaining the level of service we have currently won’t suffice, and the $20 billion Access for Everyone plan will need to be funded to keep up with ridership growth.

With those caveats, I will sum up by saying I am glad to see that we have a provincial government who is willing to take serious moves to address a decades-long housing crisis. For a city like New West that has already been doing so much in housing, meeting and exceeding our Regional Growth Strategy targets, getting region-leading numbers of new Purpose Built Rental built, while protecting the most affordable housing, it is positive to see that the load is going to be spread more widely across the region. These are the kind of moves that housing advocates have been calling for, but probably gave up expecting from a provincial government in Canada.

There will be devils in the details, there will be hurdles and potholes on the way, but a decade from now we may look back at David Eby’s first year as the time British Columbia finally took the housing crisis seriously. Yes, the shape of our neighbourhoods will change, but the change will probably be more gradual that you think (there are only so many developers and builders in the region, and they are mostly already working hard), and ultimately, we will have stronger and more resilient communities because of the changes.