Background
Transit-Oriented Area (TOA) legislation governs density, height and residential parking within 400 m of a prescribed transit station. The key points of this legislation are as follows:
- The legislation requires Local Governments to designate, by bylaw, lands within 200 m and 400 m of a prescribed transit station as Transit-Oriented Area (TOA).
- The TOA regulation establishes minimum densities and heights that local governments must allow when considering applications for residential uses (or other prescribed uses), subject to some exceptions.
- The legislation prohibits local governments from requiring off-street vehicle parking for residential uses within TOAs, except accessible parking.
Are the TOAs in effect in Saanich?
Four Provincial Transit Oriented areas apply in Saanich and are designated in Saanich’s Transit-Oriented Area (TOA) Bylaw. Four TOAs apply in Saanich:
- Uptown exchange
- Royal Oak exchange
- UVic exchange
- VGH exchange
Minimum Density (MD) Framework
The MD framework establishes a minimum density envelope which the local governments must adhere to while exercising zoning authority. These prescribed minimum densities are also established as “up to” regulations. Within 200 m of the prescribed transit station, the maximum building height will be ten storeys (3.5 FSR), and between 201 and 400 m from a prescribed bus/ transit exchange, the maximum height is six storeys (2.5 FAR). Here is the link to the TOA catchment areas on online GIS mapping.
Notes: Where parcels are bisected by two different density tiers, the parcel is deemed to be wholly within the class of land to which the higher density applies.
While minimum density and height envelopes are established, a municipal zoning process that incorporates other considerations will apply in most circumstances.
Can minimum density and height be used on all parcels within a designated TOA?
The MD framework applies to all land area within the TOA and recognizes that there may be instances where an individual site cannot achieve all the allowable density or building height, including:
- A site cannot physically accommodate all the available density or building height (e.g. due to site size, shape, land constraints, etc.).
- Cost considerations of type of construction, building code requirements (e.g. concrete versus wood-frame or mass timber construction).
- Land assembly issues
In addition, there are several scenarios where municipal bylaw requirements and Federal or Provincial statutes are applicable, the provisions of which supersede or have a limiting effect on the MD Framework. For example:
- Agricultural Land Reserve (ALR)
- Airport Zoning Regulations under Aeronautics Act
- Federal Crown land
- Flood plains, hazard areas, riparian areas and other environmentally sensitive areas; and
- Heritage objects and sites that are subject to heritage designations, heritage revitalization agreements, etc.
Can a property owner use the existing zoning?
The legislation does not require municipalities to pro-actively zone to the prescribed densities. The existing zoning can still be used by the property owner. The minimum density framework does not change the existing local government rezoning process. For example, if an applicant wants to propose a townhouse on a single-family residential site within the six-storey catchment area of a TOA, then the applicant will still need to go through the local government rezoning process.
Exemptions
Agricultural and Industrial Uses
The Minimum Density (MD) framework does not apply to lands zoned to permit residential use that is ancillary or secondary to industrial and agricultural use.
SSMUH (Small Scale Multi-Unit Housing)
Properties within a designated TOA are exempt from the requirements to zone for three to six units under the Small-Scale Multi-Unit Housing (SSMUH) legislation. Instead, properties within TOAs will be subject to higher density requirements and off-street parking regulations in accordance with the TOA regulations.
In-Stream Applications
Any in-stream application related to lands within a TOA that has received first reading before December 7, 2023, are not required to meet the requirements and restrictions within TOA legislation.
Parking in TOAs
Within 400 m of a designated Transit-Oriented Area, there are no minimum off-street vehicle parking requirements for residential developments (except for accessible parking requirements). If an applicant chooses to add residential parking, then the proposed parking must meet the parking stall specifications set by the District of Saanich.
With the new legislative changes to residential off-street parking requirements, the accessible parking standards for residential uses needed to be updated. The new standards require developers to calculate accessible parking requirements based on the number dwelling units. In addition, accessible parking standards include requirement for “van-accessible” spaces.
Is this already in effect in Saanich?
Yes, Zoning Bylaw amendments were adopted on June 10th, 2024, to reflect changes in parking requirements within the Zoning Bylaw.
An updated version of the Zoning Bylaw can be found here.
Transit-Oriented Area Designation Bylaw
Bylaw No. 10014 (Off-street parking requirements within TOA)
Council report regarding parking requirements within TOA
Supplemental Report on Accessible Parking requirements within Transit-Oriented Areas
Accessible Parking - Transition Provisions
Staff recognize that it may be challenging for some applicants who are substantially along in their design and application process to accommodate these changes. As a result, it is proposed that the new accessible parking standards for residential developments would not be applicable for any Rezoning, Development Permit, or Building Permit application received prior to June 30, 2024. Please note that all in-stream applications would be required to obtain all approvals within a period of 24 months, by June 30, 2026, or be required to comply with new regulations.
What is a Saanich Designated TOA?
Saanich TOAs are designated through the Official Community Plan (OCP) and located at Burnside-Tillicum, Quadra-McKenzie, and Gordon head-McKenzie. Saanich TOAs are not subject to Provincial regulations (see above for more information, e.g, Parking regulations, minimum density framework), but are critical to the district’s land use framework and are important locations to prioritize future transportation and land use investments. Future Land Use Designations Map (Map 2) within the Official Community Plan (OCP) highlights Provincial TOAs and Saanich TOAs.