Burnaby city council has approved new bylaws to comply with provincial transit-oriented development (TOD) legislation.

The approval brings Burnaby’s TOD policies in line with the B.C. government legislation enacted in 2023. The provincial legislation requires municipalities to implement policies that correspond to it as the B.C. seeks more high-density housing near major transit hubs.

Burnaby city council quietly passed the first, second, and third readings of the required bylaws during a single meeting, the Daily Hive Urbanized reported. The move came five months after the original deadline to comply and follows extended pressure from the provincial government to do so.

Municipalities with transit-oriented areas (TOAs) around SkyTrain stations and select bus exchanges were initially given until June 2024 to implement the necessary policies. However, in August, the provincial government extended the deadline to October 2024, warning that failure to comply would result in the province enacting the policies on behalf of non-compliant municipalities.

The legislation establishes new zoning standards for TOAs, requiring higher residential densities and eliminating minimum vehicle parking requirements for residential developments within designated areas.

TOAs around SkyTrain stations include an 800-metre radius divided into three tiers:

• Tier 1 (200 metres): Minimum 20-storey buildings with a floor area ratio (FAR) of 5.0.
• Tier 2 (400 metres): Minimum 12-storey buildings with a FAR of 4.0.
• Tier 3 (800 metres): Minimum eight-storey buildings with a FAR of 3.0.

For standalone bus exchanges, such as the Kootenay bus loop on Hastings Street in Vancouver, the TOA radius is smaller at 400 metres but still requires substantial density increases, according to the Daily Hive Urbanized. (Although the Kootenay loop is located in Vancouver, its radius extends into Burnaby.)

Burnaby’s compliance affects multiple transit hubs, including major SkyTrain stations such as Metrotown, Brentwood Town Centre, and Lougheed Town Centre. The new bylaws will also impact cross-boundary TOAs near Vancouver’s Rupert and Joyce-Collingwood stations, New Westminster’s 22nd Street Station, and Coquitlam’s Burquitlam Station.

As is the case with the Kootenay loop, the legislation’s effects extend beyond Burnaby, as some TOAs overlap with neighbouring municipalities, creating shared jurisdictional impacts.

Burnaby’s delayed compliance highlights the tension between the provincial government’s housing-related legislation and municipalities, which have criticized the policies as an overreach into local governance.

In addition to its concerns over TOAs, Burnaby has voiced opposition to the province’s new amenity cost charges (ACCs), which replaced the community benefit bonus system, the Daily Hive Urbanized. Previously, Burnaby negotiated directly with developers to fund community projects.

Critics argue that ACCs, designed to provide developers with greater predictability, have resulted in funding shortfalls for community and recreation centre projects in Burnaby, according to the Daily Hive Urbanized.

For months, Burnaby city council had virtually ignored the provincial deadline to bring its TOD policies in line. As a result, local brokerage firm Goodman Commercial gave the city’s TOD policies a failing grade.

Goodman Commercial, which specializes in multi-family property and development land transactions chastized the city for imposing “catastrophically” increased development cost and amenity cost charges.

Pictured: Brentwood town centre area of Burnaby

Photo: City of Burnaby