Tomorrow at a Special Council Meeting (1 PM), we six on council will determine how to respond to the Province of BC’s second and final ultimatum requiring the District to incorporate Bill 44 and its Small-Scale Multi-Unit Housing (SSMUH, pronounced "sssh-moo" according to one consultant) provisions into Sooke's Zoning Bylaw No. 600.
See the agenda pp. 55-675. [The staff reports dated Feb. 18, 2025 (pp. 55-59), Nov. 25, 2024 (pp. 667-671) and June 24 (pp. 651-666) are good overviews if you care to delve in. Zoning Amendment Bylaw No. 910 captures all changes in one legal document (pp. 367-405). These changes are incorporated into and easy to find in the redlined version of the bylaw (pp. 407-650). That the same bylaw has accidentally been included twice explains the agenda's length.]
In rather brutal brief: If we don’t adopt Bill 44: Housing Statues (Residential Development) Amendment Act, 2023 in its entirety, the Minister of Housing and Municipal Affairs has told us (in a letter dated Jan. 16, 2025, see pp. 673-675) that the Province will do so for us under section 457.1 of the Local Government Act. That clause states that municipal power “must not be exercised in a manner that unreasonably prohibits or restricts the use or density of use required to be permitted under section 481.3 [zoning bylaws and small-scale multi-family housing].”
Sooke council’s request early last summer (June 24) for a five-year time-out on adopting Bill 44 was deemed an “unreasonable prohibition” on Sooke's contributions to the Ministry’s 2023 Homes For People Action Plan. (Council had already approved two of Bill 44's three main components: First by grudgingly removing public hearing requirements for rezonings that are consistent with the OCP; second by approving staff's interim update of Sooke’s Housing Needs Report, which indicates we must plan for 4,737 new housing units by 2044 to meet anticipated demand - Nov. 12, see pp. 113-126).
Council's argument that we needed time to to get our transportation infrastructure house in order while the Province did likewise with segments of Highway 14 held no weight with the Ministry, which sent the rejection slip on Sept. 16. "The extension requested is refused," wrote Minister Kahlon, "as it lacks sufficient evidence to support the extension. You have not demonstrated that immediate infrastructure upgrades to Highway 14 would have a direct impact on mitigating risk to public health, safety, or the environment."
In last month's final notice, Sooke was given 30 days to implement Bill 44 with the troublesome (for us and other municipalities) SSMUH portion included, i.e., the upzoning designed to speed construction of more affordable "missing middle" housing types in communities across BC. It allows up to four units in previously "restricted zones" (i.e., single-family and duplex units) that, crucially, have sewer and water connections. That amounts to approx. 2,100 or 30% of Sooke's 6,264 housing lots. All are in our town centre sewer-specified area.
Minister Kahlon’s mid-January letter arrived a few days late at the District office, so we have until tomorrow to meet his deadline and make an independent decision regarding what the Province emphatically states is the inevitable.
Starting Points
* Sooke website: 2024 Legislation Changes
* Provincial Policy Manual and Site Standards
* Small-Scale Multi-Unit Housing – BC Ministry of Housing
Recent Media Coverage
* We Need More Density But Bullying Doesn't Help - Times Colonist Op Ed, Feb. 10, 2025
* Sooke has two more weeks to make bylaw changes, or province will do it – Times Colonist, Feb. 1
* Housing Minister Ravi Kahlon On His New Mandate and the Year Ahead - Storeys, Jan. 31
* Sooke MLA Pledges to Mediate Bill 44 Impasse – Sooke News Mirror, Dec. 12, 2024
* Bill 44 Overlooks Local Realities In Sooke – Sooke News Mirror editorial, Dec. 5
* Province Expected to Step In – CFAX, Dec. 2
* Sooke Residents Urge Sooke Council and BC Government to Collaborate – Change.org petition, anonymous
* Province Denies View Royal and Sooke Extensions On New Density Regulations - The Westshore, Sept. 25
Council Decisions to Date
March 25, 2024: Following the latest in a series of Urban Systems workshop presentations, council asked staff to draft zoning bylaw amendments to incorporate Bill 44 and include a complete range of housing typologies for application in permissible SSMHU lots.
June 24, 2024: Tait, Beddows, McMath and I voted in favour of requesting a five-year deferral through Dec. 31, 2029 for reasons detailed below. Lajeunesse and St-Pierre opposed; Pearson absent. The full motion submitted by Cllr. McMath is reproduced towards the end of this post.
In truncated form, the motion's rationale was that i) Critical infrastructure upgrades identified in the Transportation Master Plan are underway but far from complete; ii) Infrastructure in the town centre is inadequate and poses a risk to public health and safety if compliance is rushed; iii) Sooke is a rare municipality with limited two-lane in/out access, and this qualifies as an “extraordinary circumstance”; iv) That the District would advance its Transportation Master Plan objectives in the interim period so as to be better prepared for the implementation of SSMHU in 2030; and v) That Sooke would “collaborate with relevant provincial authorities and stakeholders to ensure a coordinated approach to achieving compliance while addressing local and Provincial infrastructure challenges."
At this time, as you'll recall, we were in the heat of a traffic crisis with Charters closed. (Blog reference ~ Highway 14: Condensed and Updated.) The long line of stalled westbound vehicles and the hue/cry of those affected (captured so thoroughly in Britt Santowski's surveys) both reaffirmed and provided fresh evidence that traffic out/in and throughout Sooke is our community’s top issue now ... and likely for the indefinite future unless we can pivot from bedroom to complete community with, as intended, local job growth and economic development.
Among points I made that night is that Sooke is already well ahead of our housing targets with nearly 1,000 units recently complete or approved for construction (half of them rentals) and another 1,000 in the pipeline pending rezoning. In no conceivably just and fair universe, in other words, would Sooke qualify for the Province’s infamous “naughty list” of slow-growth municipalities. (Unlike Oak Bay, for recent instance.) Quite the contrary, we arguably must slow down while catching up on the long-recognized infrastructure shortfall. (Identified fully a quarter century ago in Sooke's first Transportation Plan.)
Adding the SSMU wildcard, I believe I said, would potentially add many more new residents at the exact time when our road issues had never been worse.
District staff have stated all along that they don't anticipate a gold-rush frenzy of redevelopment from eligible homeowners. SSMHU uptake, they believe, will happen slowly over the long term as our town centre densifies according to the smart-growth vision identified in our current and draft Official Community Plans. As noted in a FAQ on the District’s website: "Some refer to these changes as the greatest planning change in local government history. The changes are significant. What they mean and how they impact Sooke will shift our landscape. However, we are hopeful to apply numerous best practices and work within the legislation and with the community, including builders and developers, to retain our small-town, big heart feel while increasing the vibrancy of our community."
Nonetheless, the four of us felt a deferral request was the best, most prudent and considered way forward given the other factors.
Nov. 25, 2024: By this point, Charters had re-opened and traffic was flowing more reliably. The referendum conversation was beginning in earnest given public feedback during the Budget 2025 process. And, as stated above, Sooke’s request had been flatly dismissed by the Province (on the grounds that we hadn't fully demonstrated “an extraordinary circumstance” for a deferral).
I argued that we'd made our point, been slam-dunked in return and it was now time for diplomacy and cooperation as both the District and the Ministry stay focused on addressing the issue at hand via collaborative common sense and joint planning under the Memorandum of Understanding.
A 3-3 vote rendered a staff-recommended motion for adoption null and void. Pearson, St-Pierre and myself in favour. Tait, Beddows, McMath opposed. All deadlocks spell defeat for any motion.
Jan. 27, 2025: Council received the Jan. 16 letter from Minister Kahlon in a public meeting. Staff were directed "to prepare a report for Council's consideration, and include the bylaw for adoption. Further, that Council direct staff to write to the minister advising receipt of the letter."
(Encouragingly, also in the agenda that night was a letter from new Minister of Transportation and Transit Mike Farnworth: <clip> “Ensuring people have options to travel safely, efficiently and cleanly on this major corridor for the long term is a goal we share, and I look forward to working with you on projects that will make a difference in the lives of residents and travellers who rely on this route.” He's referring to Hwy 14, of course, and I choose to take him at his word.)
February 18, 2025: Staff recommend, as they’ve done consistently, that we adopt the legislation. Tomorrow's agenda motion largely duplicates that of the earlier meetings:
THAT Council give first, second, and third reading to Zoning Amendment Bylaw No. 910 (600-104), 2024 (amendments to implement Small-Scale, Multi Unit Housing legislation as prescribed by Bill 44);
THAT Council adopt Zoning Amendment Bylaw No. 910 (600-104), 2024; and
THAT Council direct staff to provide written notice to the Minister of Housing that the Zoning Bylaw amendment required for compliance with Small-Scale, Multi-Unit Housing (SSMUH) requirements have been adopted.
Tomorrow afternoon I plan to say much of what I said on Nov. 25. To wit:
* I think we have made some smart strategic moves so far in making it clear to the Ministry that Sooke wants immediate provincial action on road congestion while at the same time stating that we're ready to do our part (via referendum) in attempting to pay for the biggest, costliest Transportation Master Plan priorities. Acceding now is not a defeat but an opportunity to urge the Province to work with Sooke in addressing this generational issue before it worsens.
* The Province flatly denied Sooke's request in September on the grounds that the District did not submit a formal engineering report to accompany the deferral request. No mercy shown whatsoever. (Deferrals were granted to 21 BC municipalities last fall for a variety of case-specific reasons, but we lacked the needed business case study proving, at this time and until road improvements are made, that “Sooke Is Full," to quote the bumper stickers I see increasingly around town.)
* Now that we’re on the far side of the Charters nightmare while knowing more such traffic jams are ahead given future construction work, it is absolutely crunch time for staff from the District and the new-look Ministry of Transportation and Transit as they continue work under a 2013 Memorandum of Understanding that we were told is in robust and effective good health when Ministry and District staff addressed council on April 8, 2024.
* For Sooke’s part, Mr. Carter and his team must be enabled to continue their already remarkable work in fast-tracking the Transportation Master Plan to build out key sectors of our internal road network. This will need be accomplished through a major borrowing (if approved through referendum) and the aggressive pursuit of provincial and federal infrastructure grants. (Example: Ottawa's Canada Housing Infrastructure Fund and the Active Transportation Fund, both of which offer up to 60% funding for elements of big-budget projects like the Throup-Phillips bypass.)
[Note: In the months ahead, District staff will need to present a comprehensive and persuasive cost/benefit analysis of why this bypass is a game changer -- one with full reference to the existing traffic impact studies -- if indeed this referendum is to pass the smell test and succeed in a 50% + one vote. Approximately $200 (?) per residential household over as long as 30 years is no small ask, especially in such uncertain economic times and given all the other best practices we're asking residents to fund, i.e. the asset management reserve fund, 24/7 policing, a fully unionized fire department and substantial overall District staffing levels, no matter that we're currently one of BC's lowest-taxed communities.]
* Simultaneously, the Ministry must get its own act together by revealing details of and funding amounts for the next phase of the Highway 14 Corridor Improvement Plan. (I’ve asked several times this last year for details of the Ministry's planned 10-Year Capital Plan expenditures for Sooke Road -- first at the April 8 council appearance by MOTI senior staff and, most recently, in council’s first formal meeting at the legislature with MLA Lajeunesse last month. No answer to date, however.)
* The good news we've heard to date is that MOTT, working closely with District Operations staff, has short and mid-term (by 2030) plans for ...
i) Signalization of the Idlemore and Charters intersections.
ii) Three westbound right-turn lanes from the bridge to Church Road – at Phillips, Charters and Church.
iii) West Coast Road sidewalks (both sides) from Ed Macgregor Park to Whiffin Spit Rd.
iv) Improvements to the undersized, frankly dangerous drop-off zone at John Muir Elementary School.
* I am encouraged by Minister Kahlon's statement in his October letter to the District: “We understand the need to enhance transportation infrastructure to reduce congestion. This is why (MOTI) will be making several improvements over the coming years to Highway 14. While these are significant upgrades, their success will largely depend on the District of Sooke completing its crucial work of connection Throup Road with Phillips Road.” (I griped, I confess, about the use of “several improvements” in this paragraph when rather more than a couple of fixes are required.)
*************************
I rambled a little/lot at the end of a long night on Nov. 25 about this process being akin to a “chess game." I argued it was wise for the District to move its pieces patiently over time. Our strategic decisions (i.e., continuing work on the TMP and funding its ambitions) will inspire/require MOTT to reveal and fund its next phase of the long-game Hwy 14 Corridor Improvement program. Both parties must seek solutions to a shared dilemma and responsibility. (Chess involves two players over a single board, but it was a poor metaphor, I now acknowledge. One player wins. Road improvements that facilitate flow and feature full sidewalk/bike lane active-transportation elements is win-win for us all.)
Yes, the Province’s one-size-fits-all approach to easing the housing crunch is not the least subtle given that every municipality faces unique issues and challenges. The News Mirror editorial of Dec. 5 says it well: “The government must recognize that housing affordability cannot be achieved by ignoring infrastructure realities or dismissing the voices of local governments. British Columbia needs a housing strategy that empowers municipalities to be partners in the solution, not adversaries … This standoff is not just about Sooke; it reflects a larger issue with the provincial government’s approach to governance. Heavy-handed mandates will not solve complex problems. Collaboration, fairness, and respect for local expertise are the only sustainable paths forward.”
And yet I have a friend who often speaks about picking the right hill to fight and perhaps die upon. (How grateful that I’m part of the blessed generation that never was asked or conscripted to do so literally.) There are so many hills to choose from in these new dark ages. I chose to believe Bill 44 is absolutely well-intentioned. It will evolve with time and that the necessary nuances will be incorporated into it. Paradise will not be lost in the process, and we just may wind up with the affordable and relatively dense town centre that so many have envisioned for so long.
Original June 24, 2024 Council motion seeking deferral
MOVED by Councillor Megan McMath, seconded by Councillor Al Beddows:
WHEREAS, the District of Sooke is currently in the process of upgrading critical infrastructure such as but not limited to Charters Roads, Throup Road, which is necessary to support the implementation of the SSMUH;
WHEREAS, the infrastructure serving the area where SSMUH compliance is required by June 30, 2024, is presently inadequate and poses a significant risk to public health and safety if compliance is rushed;
WHEREAS, the District of Sooke qualifies under the definition of "Extraordinary Circumstances" due to its geographical constraints, being one of the few municipalities with limited access being primarily through Provincial Highway 14;
THEREFORE BE IT RESOLVED: THAT Council direct staff to submit an application to the Province of British Columbia requesting an extension to the SSMUH compliance deadline beyond June 30, 2024 to December 31, 2030.
This extension is crucial to ensure that necessary infrastructure upgrades are completed to meet the requirements of the SSMUH without compromising public health and safety;
THAT Mayor and Council of the District of Sooke advocate for this extension based on the extraordinary circumstances related to the municipality's unique geographic challenges;
THAT The District of Sooke commits to expedite the necessary infrastructure improvements to achieve compliance with the SSMUH as soon as practicable under the extended deadline;
AND THAT The District of Sooke collaborates with relevant provincial authorities and stakeholders to ensure a coordinated approach to achieving compliance while addressing local and Provincial infrastructure challenges.
This motion is proposed to safeguard public health and safety while allowing the District of Sooke adequate time to upgrade its infrastructure in accordance with the SSMUH requirements. CARRIED. Opposed: Councillor Dana Lajeunesse and Councillor Tony St-Pierre
SSMUH in Sooke
“Small-Scale Multi-Unit Residential Dwelling means a residential building comprised of up to four dwelling units which may consist of a duplex, townhouse, or stacked townhouse, but excludes an apartment building, a cluster dwelling, a
manufactured home, a row house, or a single family dwelling.”
By The Numbers
If I have done my math correctly, there are 6,164 housing lots in the District
- 2,890 in the sewer-specified zone meet SSMUH regulations and can add 3 or 4 units dependent on lot size
- 650 sewered homes in Sunriver do not qualify due to the development's CD zone limitations
- 3,274 (or 55%) of Sooke lots do not meet the requirements (i.e., lack sewers)
- THEREFORE, a total of 2,241 lots in Sooke can be redeveloped to include up to 4 units
i.e., about 30 percent of lots, all in Sooke’s sewer-connected town centre.
See the June 24 staff report pp. 135-138 for full details on applicable lots within "restricted zones" (i.e., formerly reserved for single-family dwellings and duplexes) in Sooke.
<clip> "When amending the zones to allow for suites and to allow for 3 to 4 units, property owners have the same zoning rights in the amended bylaw as they do now. This means that lots in the "restricted zones" can still have a principal residential unit and a secondary suite (i.e., two units.) If a property owner elects to add more units to their lot, then they will follow the SSMUH regulations, which are laid out in the applicable zones (of the updated zoning bylaw.)"
Providing exemptions don't disqualify a lot from SSMUH eligibility, parcels within “Restricted Zones” are eligible for the following housing unit minimums:
- a minimum of 1 secondary suite and/or 1 Accessory Dwelling Unit (ADU) on each parcel (already long included in our zoning bylaw for all zones)
- a minimum of 3 units must be permitted on each parcel of land less than 280 m2
- a minimum of 4 units must be permitted on each parcel of land greater than 280 m2.
Exemptions/Disqualifications
- Hazardous conditions when a report is provided by a qualified professional certifying that increasing the density would significantly increase the threat or risk from the hazardous condition, and the threat or risk from the hazardous condition cannot be practically mitigated,
- Land subject to a heritage revitalization agreement in place prior to the legislation coming into force,
- Land that is inside the Agricultural Land Reserve,
- Land that is outside of an urban containment boundary established by an OCP and/or regional growth strategy,
- Land that is not connected to a community water system and community sewer system (parcels must be connected to both) provided as a service by a municipality or regional district,
- Land that is in a zone where the minimum parcel size that may be created by subdivision is 4,050 m2, and
- A parcel of land that is larger than 4,050 m2
Lot coverage restrictions apply with SSMUH developments as they've traditionally done in all residential zones:
- 50% maximum lot coverage for lots less than 1215m2
- 40% maximum lot coverage for lots more than 1215m2
Parking requirements are unchanged ...
- 2 spaces per dwelling unit for single family dwellings;
- 1.5 spaces per dwelling unit for medium- and high-density multi-family residential dwellings;
- 1 space per secondary suite or small suite.
Lot Line Setbacks are detailed on pp. 138-140 of the June 24 staff report. Recommended changes to the zoning bylaw are easy to find in the redlined revision on pp. 149-351.
PS If, as is inevitable, you have questions about any of this, please phone the District at (250) 642-1634 and ask to speak with the Planning Department.
Road Construction Schedule (Budgets Pending)
As presented by Director of Operations Jeff Carter during his Oct. 28, 2024 TMP update.
See agenda pp. 19-22.
2025 Projects
* CRD Water Main Replacement HWY 14 (Church to Phillips)
* CRD Water Main Replacement Charters South (Golledge to HWY 14)
2026 Projects
* Charters South (Golledge to HWY 14) & Charters/HWY 14 Intersection
* Throup Corridor (Charters to Church Roundabout)
MOTI responsibility (pending confirmation in 2025)
- Kaltasin/Idlemore Intersection
- HWY 14 Westbound Right hand Turn Lanes (Sooke River Bridge to Phillips)
- HWY 14 West bound Right hand Turn Lanes (Church Road & Charters Road) -
2027 Projects
* Throup Connector (Phillips to Charters) - early implementation possible for 2026-2027
* Phillips Corridor (HWY 14 to North of SEAPARC)"
Quote from Ravi Kahlon, Jan. 31, 2025 - Storeys Q&A
"Our goal was to really look at how we make decisions around housing and from that perspective, I believe last year was a success. For example, when it comes to no public hearings for projects that were within what a community already agreed upon [under its Official Community Plan], I have people, at first, that were critical and now they understand why we did it. Their processes are becoming more efficient, less adversarial. We're hearing from communities that their OCP updates are getting higher engagements than they've ever gotten before, because people understand that this is the time to provide input, this is the time to share their concerns or participate in how their community grows and where it grows. So, all of that I think is positive. As we saw issues, we were able to adjust to make the changes that were necessary. So, last year, obviously there were some big shifts. This year is a lot about execution. Communities have now updated their housing needs reports, which we've standardized across the province. By the end of the year, communities are required to have updated their community plans to the 10-year [housing] need of their community. So what that will do is not only create a lot more transparency and a lot more certainty for those who are building, but also with public hearings not needed after that, it will create a lot more efficiency for projects to get through."
Notable Clips from BC Mandate Letters Issued on Jan. 16
https://www2.gov.bc.ca/gov/content/governments/organizational-structure/cabinet/cabinet-ministers
Mandate letter: Minister of Housing and Municipal Affairs Ravi Kahlon
- "Work to make homeownership a reality for more British Columbians."
- "Work with local governments to achieve housing targets and address concerns related to infrastructure."
- "Increase the supply of rental, co-op and non-market housing."
- "Work with small-scale landlords to identify interventions that will support them with establishing new rental units"
- " Work with the Minister of Finance to remove barriers to the construction of small-scale multi-unit housing across the province."
- "Work with homebuilders to address barriers to new home construction in the current capital and interest rate environment."
Mandate Letter: Minister of Infrastructure Bowinn Ma (Jan. 16)
- "Recognizing BC’s growing communities and aging infrastructure, ensure faster delivery of cost-effective, high-quality generational investments."
- "Identify and implement opportunities to reduce costs for taxpayers and expedite approval and construction of projects."
Mandate Letter: Minister of Transportation and Transit Mike Farnworth (Jan. 16)
- "Support improvements in BC’s road infrastructure balanced with integrated transit opportunities to ensure that people can get home and to work faster."
- "Drive the development and expansion of transit across the province and work with communities across BC to find ways to strengthen key rural and intercity transportation services."
Perspective
- Statistics Canada pegs BC's population as of June 2024 at 5,666,888
- CRD statistics (July 1, 2024) for capital region municipalities list Sooke at 17,128 residents (up 9% since 2021)
- There are 161 municipal governments in British Columbia (Wikipedia list)
- BC Budget 2024 + BC Three-Year Fiscal Plan 2024-27 + Spending Estimates by Ministry
More from this blog
~ Highway 14: Condensed and Updated (June 13, 2024)
~ Highway 14 Revisited: Congestion and Safety Edition (April-May)
~ Living With BC’s New Housing Regulations (April 23)
~ Building/Developing Sooke (May 30, 2023) ... I remain confident that a productive new District relationship with the revamped Sooke Builders Association is underway.
~ Our Up-Sooke-Sized Building Boom (August 26, 2022) ... Zoning and permits are in place, but ground remains resolutely unbroken in a number of situations for reasons I'm not privy to ... inflation, supply chains, labour shortages and the high cost of building anything/everything, most likely.
~ Sooke's Evolving Road, Sidewalk and Roundabout Network (January 20, 2021) ... Town-centre portions of Otter Point and Church now complete, the Church/Throup roundabout is complete (and a thing of beauty), and Charters Road has been remade from climate-ravaged disaster into a generously wide and safe boulevard for all ages and abilities.
~ X Homes + Y People + Z Cars = ? (December 18, 2018) ... Still the defining equation in Sooke, I figure.
Bonus!
Random other Bill 44 pushback ...
- Why BC’s Forced Rush to Rezone Neighbourhoods is Wrong - The Tyee, June 13, 2024
- How BC NDP Housing Policies Could Hurt Its Election Changes – CBC, Oct. 9, 2024
- Repealing Housing Legislation Is A Step Backward for BC – Vancouver Sun, Sept. 26, 2024
- Planning With A Sledgehammer – Maple Ridge News, Dec. 7, 2023
Images: Two screenshots from the SSMUH Provincial Policy Manual and Site Standards guidebook -- the first a guideline to compliance (Sooke is in the pink) ... and the second calls for municipal rocket science.
See the agenda pp. 55-675. [The staff reports dated Feb. 18, 2025 (pp. 55-59), Nov. 25, 2024 (pp. 667-671) and June 24 (pp. 651-666) are good overviews if you care to delve in. Zoning Amendment Bylaw No. 910 captures all changes in one legal document (pp. 367-405). These changes are incorporated into and easy to find in the redlined version of the bylaw (pp. 407-650). That the same bylaw has accidentally been included twice explains the agenda's length.]
In rather brutal brief: If we don’t adopt Bill 44: Housing Statues (Residential Development) Amendment Act, 2023 in its entirety, the Minister of Housing and Municipal Affairs has told us (in a letter dated Jan. 16, 2025, see pp. 673-675) that the Province will do so for us under section 457.1 of the Local Government Act. That clause states that municipal power “must not be exercised in a manner that unreasonably prohibits or restricts the use or density of use required to be permitted under section 481.3 [zoning bylaws and small-scale multi-family housing].”
Sooke council’s request early last summer (June 24) for a five-year time-out on adopting Bill 44 was deemed an “unreasonable prohibition” on Sooke's contributions to the Ministry’s 2023 Homes For People Action Plan. (Council had already approved two of Bill 44's three main components: First by grudgingly removing public hearing requirements for rezonings that are consistent with the OCP; second by approving staff's interim update of Sooke’s Housing Needs Report, which indicates we must plan for 4,737 new housing units by 2044 to meet anticipated demand - Nov. 12, see pp. 113-126).
Council's argument that we needed time to to get our transportation infrastructure house in order while the Province did likewise with segments of Highway 14 held no weight with the Ministry, which sent the rejection slip on Sept. 16. "The extension requested is refused," wrote Minister Kahlon, "as it lacks sufficient evidence to support the extension. You have not demonstrated that immediate infrastructure upgrades to Highway 14 would have a direct impact on mitigating risk to public health, safety, or the environment."
In last month's final notice, Sooke was given 30 days to implement Bill 44 with the troublesome (for us and other municipalities) SSMUH portion included, i.e., the upzoning designed to speed construction of more affordable "missing middle" housing types in communities across BC. It allows up to four units in previously "restricted zones" (i.e., single-family and duplex units) that, crucially, have sewer and water connections. That amounts to approx. 2,100 or 30% of Sooke's 6,264 housing lots. All are in our town centre sewer-specified area.
Minister Kahlon’s mid-January letter arrived a few days late at the District office, so we have until tomorrow to meet his deadline and make an independent decision regarding what the Province emphatically states is the inevitable.
Starting Points
* Sooke website: 2024 Legislation Changes
* Provincial Policy Manual and Site Standards
* Small-Scale Multi-Unit Housing – BC Ministry of Housing
Recent Media Coverage
* We Need More Density But Bullying Doesn't Help - Times Colonist Op Ed, Feb. 10, 2025
* Sooke has two more weeks to make bylaw changes, or province will do it – Times Colonist, Feb. 1
* Housing Minister Ravi Kahlon On His New Mandate and the Year Ahead - Storeys, Jan. 31
* Sooke MLA Pledges to Mediate Bill 44 Impasse – Sooke News Mirror, Dec. 12, 2024
* Bill 44 Overlooks Local Realities In Sooke – Sooke News Mirror editorial, Dec. 5
* Province Expected to Step In – CFAX, Dec. 2
* Sooke Residents Urge Sooke Council and BC Government to Collaborate – Change.org petition, anonymous
* Province Denies View Royal and Sooke Extensions On New Density Regulations - The Westshore, Sept. 25
Council Decisions to Date
March 25, 2024: Following the latest in a series of Urban Systems workshop presentations, council asked staff to draft zoning bylaw amendments to incorporate Bill 44 and include a complete range of housing typologies for application in permissible SSMHU lots.
June 24, 2024: Tait, Beddows, McMath and I voted in favour of requesting a five-year deferral through Dec. 31, 2029 for reasons detailed below. Lajeunesse and St-Pierre opposed; Pearson absent. The full motion submitted by Cllr. McMath is reproduced towards the end of this post.
In truncated form, the motion's rationale was that i) Critical infrastructure upgrades identified in the Transportation Master Plan are underway but far from complete; ii) Infrastructure in the town centre is inadequate and poses a risk to public health and safety if compliance is rushed; iii) Sooke is a rare municipality with limited two-lane in/out access, and this qualifies as an “extraordinary circumstance”; iv) That the District would advance its Transportation Master Plan objectives in the interim period so as to be better prepared for the implementation of SSMHU in 2030; and v) That Sooke would “collaborate with relevant provincial authorities and stakeholders to ensure a coordinated approach to achieving compliance while addressing local and Provincial infrastructure challenges."
At this time, as you'll recall, we were in the heat of a traffic crisis with Charters closed. (Blog reference ~ Highway 14: Condensed and Updated.) The long line of stalled westbound vehicles and the hue/cry of those affected (captured so thoroughly in Britt Santowski's surveys) both reaffirmed and provided fresh evidence that traffic out/in and throughout Sooke is our community’s top issue now ... and likely for the indefinite future unless we can pivot from bedroom to complete community with, as intended, local job growth and economic development.
Among points I made that night is that Sooke is already well ahead of our housing targets with nearly 1,000 units recently complete or approved for construction (half of them rentals) and another 1,000 in the pipeline pending rezoning. In no conceivably just and fair universe, in other words, would Sooke qualify for the Province’s infamous “naughty list” of slow-growth municipalities. (Unlike Oak Bay, for recent instance.) Quite the contrary, we arguably must slow down while catching up on the long-recognized infrastructure shortfall. (Identified fully a quarter century ago in Sooke's first Transportation Plan.)
Adding the SSMU wildcard, I believe I said, would potentially add many more new residents at the exact time when our road issues had never been worse.
District staff have stated all along that they don't anticipate a gold-rush frenzy of redevelopment from eligible homeowners. SSMHU uptake, they believe, will happen slowly over the long term as our town centre densifies according to the smart-growth vision identified in our current and draft Official Community Plans. As noted in a FAQ on the District’s website: "Some refer to these changes as the greatest planning change in local government history. The changes are significant. What they mean and how they impact Sooke will shift our landscape. However, we are hopeful to apply numerous best practices and work within the legislation and with the community, including builders and developers, to retain our small-town, big heart feel while increasing the vibrancy of our community."
Nonetheless, the four of us felt a deferral request was the best, most prudent and considered way forward given the other factors.
Nov. 25, 2024: By this point, Charters had re-opened and traffic was flowing more reliably. The referendum conversation was beginning in earnest given public feedback during the Budget 2025 process. And, as stated above, Sooke’s request had been flatly dismissed by the Province (on the grounds that we hadn't fully demonstrated “an extraordinary circumstance” for a deferral).
I argued that we'd made our point, been slam-dunked in return and it was now time for diplomacy and cooperation as both the District and the Ministry stay focused on addressing the issue at hand via collaborative common sense and joint planning under the Memorandum of Understanding.
A 3-3 vote rendered a staff-recommended motion for adoption null and void. Pearson, St-Pierre and myself in favour. Tait, Beddows, McMath opposed. All deadlocks spell defeat for any motion.
Jan. 27, 2025: Council received the Jan. 16 letter from Minister Kahlon in a public meeting. Staff were directed "to prepare a report for Council's consideration, and include the bylaw for adoption. Further, that Council direct staff to write to the minister advising receipt of the letter."
(Encouragingly, also in the agenda that night was a letter from new Minister of Transportation and Transit Mike Farnworth: <clip> “Ensuring people have options to travel safely, efficiently and cleanly on this major corridor for the long term is a goal we share, and I look forward to working with you on projects that will make a difference in the lives of residents and travellers who rely on this route.” He's referring to Hwy 14, of course, and I choose to take him at his word.)
February 18, 2025: Staff recommend, as they’ve done consistently, that we adopt the legislation. Tomorrow's agenda motion largely duplicates that of the earlier meetings:
THAT Council give first, second, and third reading to Zoning Amendment Bylaw No. 910 (600-104), 2024 (amendments to implement Small-Scale, Multi Unit Housing legislation as prescribed by Bill 44);
THAT Council adopt Zoning Amendment Bylaw No. 910 (600-104), 2024; and
THAT Council direct staff to provide written notice to the Minister of Housing that the Zoning Bylaw amendment required for compliance with Small-Scale, Multi-Unit Housing (SSMUH) requirements have been adopted.
Tomorrow afternoon I plan to say much of what I said on Nov. 25. To wit:
* I think we have made some smart strategic moves so far in making it clear to the Ministry that Sooke wants immediate provincial action on road congestion while at the same time stating that we're ready to do our part (via referendum) in attempting to pay for the biggest, costliest Transportation Master Plan priorities. Acceding now is not a defeat but an opportunity to urge the Province to work with Sooke in addressing this generational issue before it worsens.
* The Province flatly denied Sooke's request in September on the grounds that the District did not submit a formal engineering report to accompany the deferral request. No mercy shown whatsoever. (Deferrals were granted to 21 BC municipalities last fall for a variety of case-specific reasons, but we lacked the needed business case study proving, at this time and until road improvements are made, that “Sooke Is Full," to quote the bumper stickers I see increasingly around town.)
* Now that we’re on the far side of the Charters nightmare while knowing more such traffic jams are ahead given future construction work, it is absolutely crunch time for staff from the District and the new-look Ministry of Transportation and Transit as they continue work under a 2013 Memorandum of Understanding that we were told is in robust and effective good health when Ministry and District staff addressed council on April 8, 2024.
* For Sooke’s part, Mr. Carter and his team must be enabled to continue their already remarkable work in fast-tracking the Transportation Master Plan to build out key sectors of our internal road network. This will need be accomplished through a major borrowing (if approved through referendum) and the aggressive pursuit of provincial and federal infrastructure grants. (Example: Ottawa's Canada Housing Infrastructure Fund and the Active Transportation Fund, both of which offer up to 60% funding for elements of big-budget projects like the Throup-Phillips bypass.)
[Note: In the months ahead, District staff will need to present a comprehensive and persuasive cost/benefit analysis of why this bypass is a game changer -- one with full reference to the existing traffic impact studies -- if indeed this referendum is to pass the smell test and succeed in a 50% + one vote. Approximately $200 (?) per residential household over as long as 30 years is no small ask, especially in such uncertain economic times and given all the other best practices we're asking residents to fund, i.e. the asset management reserve fund, 24/7 policing, a fully unionized fire department and substantial overall District staffing levels, no matter that we're currently one of BC's lowest-taxed communities.]
* Simultaneously, the Ministry must get its own act together by revealing details of and funding amounts for the next phase of the Highway 14 Corridor Improvement Plan. (I’ve asked several times this last year for details of the Ministry's planned 10-Year Capital Plan expenditures for Sooke Road -- first at the April 8 council appearance by MOTI senior staff and, most recently, in council’s first formal meeting at the legislature with MLA Lajeunesse last month. No answer to date, however.)
* The good news we've heard to date is that MOTT, working closely with District Operations staff, has short and mid-term (by 2030) plans for ...
i) Signalization of the Idlemore and Charters intersections.
ii) Three westbound right-turn lanes from the bridge to Church Road – at Phillips, Charters and Church.
iii) West Coast Road sidewalks (both sides) from Ed Macgregor Park to Whiffin Spit Rd.
iv) Improvements to the undersized, frankly dangerous drop-off zone at John Muir Elementary School.
* I am encouraged by Minister Kahlon's statement in his October letter to the District: “We understand the need to enhance transportation infrastructure to reduce congestion. This is why (MOTI) will be making several improvements over the coming years to Highway 14. While these are significant upgrades, their success will largely depend on the District of Sooke completing its crucial work of connection Throup Road with Phillips Road.” (I griped, I confess, about the use of “several improvements” in this paragraph when rather more than a couple of fixes are required.)
*************************
I rambled a little/lot at the end of a long night on Nov. 25 about this process being akin to a “chess game." I argued it was wise for the District to move its pieces patiently over time. Our strategic decisions (i.e., continuing work on the TMP and funding its ambitions) will inspire/require MOTT to reveal and fund its next phase of the long-game Hwy 14 Corridor Improvement program. Both parties must seek solutions to a shared dilemma and responsibility. (Chess involves two players over a single board, but it was a poor metaphor, I now acknowledge. One player wins. Road improvements that facilitate flow and feature full sidewalk/bike lane active-transportation elements is win-win for us all.)
Yes, the Province’s one-size-fits-all approach to easing the housing crunch is not the least subtle given that every municipality faces unique issues and challenges. The News Mirror editorial of Dec. 5 says it well: “The government must recognize that housing affordability cannot be achieved by ignoring infrastructure realities or dismissing the voices of local governments. British Columbia needs a housing strategy that empowers municipalities to be partners in the solution, not adversaries … This standoff is not just about Sooke; it reflects a larger issue with the provincial government’s approach to governance. Heavy-handed mandates will not solve complex problems. Collaboration, fairness, and respect for local expertise are the only sustainable paths forward.”
And yet I have a friend who often speaks about picking the right hill to fight and perhaps die upon. (How grateful that I’m part of the blessed generation that never was asked or conscripted to do so literally.) There are so many hills to choose from in these new dark ages. I chose to believe Bill 44 is absolutely well-intentioned. It will evolve with time and that the necessary nuances will be incorporated into it. Paradise will not be lost in the process, and we just may wind up with the affordable and relatively dense town centre that so many have envisioned for so long.
Original June 24, 2024 Council motion seeking deferral
MOVED by Councillor Megan McMath, seconded by Councillor Al Beddows:
WHEREAS, the District of Sooke is currently in the process of upgrading critical infrastructure such as but not limited to Charters Roads, Throup Road, which is necessary to support the implementation of the SSMUH;
WHEREAS, the infrastructure serving the area where SSMUH compliance is required by June 30, 2024, is presently inadequate and poses a significant risk to public health and safety if compliance is rushed;
WHEREAS, the District of Sooke qualifies under the definition of "Extraordinary Circumstances" due to its geographical constraints, being one of the few municipalities with limited access being primarily through Provincial Highway 14;
THEREFORE BE IT RESOLVED: THAT Council direct staff to submit an application to the Province of British Columbia requesting an extension to the SSMUH compliance deadline beyond June 30, 2024 to December 31, 2030.
This extension is crucial to ensure that necessary infrastructure upgrades are completed to meet the requirements of the SSMUH without compromising public health and safety;
THAT Mayor and Council of the District of Sooke advocate for this extension based on the extraordinary circumstances related to the municipality's unique geographic challenges;
THAT The District of Sooke commits to expedite the necessary infrastructure improvements to achieve compliance with the SSMUH as soon as practicable under the extended deadline;
AND THAT The District of Sooke collaborates with relevant provincial authorities and stakeholders to ensure a coordinated approach to achieving compliance while addressing local and Provincial infrastructure challenges.
This motion is proposed to safeguard public health and safety while allowing the District of Sooke adequate time to upgrade its infrastructure in accordance with the SSMUH requirements. CARRIED. Opposed: Councillor Dana Lajeunesse and Councillor Tony St-Pierre
SSMUH in Sooke
“Small-Scale Multi-Unit Residential Dwelling means a residential building comprised of up to four dwelling units which may consist of a duplex, townhouse, or stacked townhouse, but excludes an apartment building, a cluster dwelling, a
manufactured home, a row house, or a single family dwelling.”
By The Numbers
If I have done my math correctly, there are 6,164 housing lots in the District
- 2,890 in the sewer-specified zone meet SSMUH regulations and can add 3 or 4 units dependent on lot size
- 650 sewered homes in Sunriver do not qualify due to the development's CD zone limitations
- 3,274 (or 55%) of Sooke lots do not meet the requirements (i.e., lack sewers)
- THEREFORE, a total of 2,241 lots in Sooke can be redeveloped to include up to 4 units
i.e., about 30 percent of lots, all in Sooke’s sewer-connected town centre.
See the June 24 staff report pp. 135-138 for full details on applicable lots within "restricted zones" (i.e., formerly reserved for single-family dwellings and duplexes) in Sooke.
<clip> "When amending the zones to allow for suites and to allow for 3 to 4 units, property owners have the same zoning rights in the amended bylaw as they do now. This means that lots in the "restricted zones" can still have a principal residential unit and a secondary suite (i.e., two units.) If a property owner elects to add more units to their lot, then they will follow the SSMUH regulations, which are laid out in the applicable zones (of the updated zoning bylaw.)"
Providing exemptions don't disqualify a lot from SSMUH eligibility, parcels within “Restricted Zones” are eligible for the following housing unit minimums:
- a minimum of 1 secondary suite and/or 1 Accessory Dwelling Unit (ADU) on each parcel (already long included in our zoning bylaw for all zones)
- a minimum of 3 units must be permitted on each parcel of land less than 280 m2
- a minimum of 4 units must be permitted on each parcel of land greater than 280 m2.
Exemptions/Disqualifications
- Hazardous conditions when a report is provided by a qualified professional certifying that increasing the density would significantly increase the threat or risk from the hazardous condition, and the threat or risk from the hazardous condition cannot be practically mitigated,
- Land subject to a heritage revitalization agreement in place prior to the legislation coming into force,
- Land that is inside the Agricultural Land Reserve,
- Land that is outside of an urban containment boundary established by an OCP and/or regional growth strategy,
- Land that is not connected to a community water system and community sewer system (parcels must be connected to both) provided as a service by a municipality or regional district,
- Land that is in a zone where the minimum parcel size that may be created by subdivision is 4,050 m2, and
- A parcel of land that is larger than 4,050 m2
Lot coverage restrictions apply with SSMUH developments as they've traditionally done in all residential zones:
- 50% maximum lot coverage for lots less than 1215m2
- 40% maximum lot coverage for lots more than 1215m2
Parking requirements are unchanged ...
- 2 spaces per dwelling unit for single family dwellings;
- 1.5 spaces per dwelling unit for medium- and high-density multi-family residential dwellings;
- 1 space per secondary suite or small suite.
Lot Line Setbacks are detailed on pp. 138-140 of the June 24 staff report. Recommended changes to the zoning bylaw are easy to find in the redlined revision on pp. 149-351.
PS If, as is inevitable, you have questions about any of this, please phone the District at (250) 642-1634 and ask to speak with the Planning Department.
Road Construction Schedule (Budgets Pending)
As presented by Director of Operations Jeff Carter during his Oct. 28, 2024 TMP update.
See agenda pp. 19-22.
2025 Projects
* CRD Water Main Replacement HWY 14 (Church to Phillips)
* CRD Water Main Replacement Charters South (Golledge to HWY 14)
2026 Projects
* Charters South (Golledge to HWY 14) & Charters/HWY 14 Intersection
* Throup Corridor (Charters to Church Roundabout)
MOTI responsibility (pending confirmation in 2025)
- Kaltasin/Idlemore Intersection
- HWY 14 Westbound Right hand Turn Lanes (Sooke River Bridge to Phillips)
- HWY 14 West bound Right hand Turn Lanes (Church Road & Charters Road) -
2027 Projects
* Throup Connector (Phillips to Charters) - early implementation possible for 2026-2027
* Phillips Corridor (HWY 14 to North of SEAPARC)"
Quote from Ravi Kahlon, Jan. 31, 2025 - Storeys Q&A
"Our goal was to really look at how we make decisions around housing and from that perspective, I believe last year was a success. For example, when it comes to no public hearings for projects that were within what a community already agreed upon [under its Official Community Plan], I have people, at first, that were critical and now they understand why we did it. Their processes are becoming more efficient, less adversarial. We're hearing from communities that their OCP updates are getting higher engagements than they've ever gotten before, because people understand that this is the time to provide input, this is the time to share their concerns or participate in how their community grows and where it grows. So, all of that I think is positive. As we saw issues, we were able to adjust to make the changes that were necessary. So, last year, obviously there were some big shifts. This year is a lot about execution. Communities have now updated their housing needs reports, which we've standardized across the province. By the end of the year, communities are required to have updated their community plans to the 10-year [housing] need of their community. So what that will do is not only create a lot more transparency and a lot more certainty for those who are building, but also with public hearings not needed after that, it will create a lot more efficiency for projects to get through."
Notable Clips from BC Mandate Letters Issued on Jan. 16
https://www2.gov.bc.ca/gov/content/governments/organizational-structure/cabinet/cabinet-ministers
Mandate letter: Minister of Housing and Municipal Affairs Ravi Kahlon
- "Work to make homeownership a reality for more British Columbians."
- "Work with local governments to achieve housing targets and address concerns related to infrastructure."
- "Increase the supply of rental, co-op and non-market housing."
- "Work with small-scale landlords to identify interventions that will support them with establishing new rental units"
- " Work with the Minister of Finance to remove barriers to the construction of small-scale multi-unit housing across the province."
- "Work with homebuilders to address barriers to new home construction in the current capital and interest rate environment."
Mandate Letter: Minister of Infrastructure Bowinn Ma (Jan. 16)
- "Recognizing BC’s growing communities and aging infrastructure, ensure faster delivery of cost-effective, high-quality generational investments."
- "Identify and implement opportunities to reduce costs for taxpayers and expedite approval and construction of projects."
Mandate Letter: Minister of Transportation and Transit Mike Farnworth (Jan. 16)
- "Support improvements in BC’s road infrastructure balanced with integrated transit opportunities to ensure that people can get home and to work faster."
- "Drive the development and expansion of transit across the province and work with communities across BC to find ways to strengthen key rural and intercity transportation services."
Perspective
- Statistics Canada pegs BC's population as of June 2024 at 5,666,888
- CRD statistics (July 1, 2024) for capital region municipalities list Sooke at 17,128 residents (up 9% since 2021)
- There are 161 municipal governments in British Columbia (Wikipedia list)
- BC Budget 2024 + BC Three-Year Fiscal Plan 2024-27 + Spending Estimates by Ministry
More from this blog
~ Highway 14: Condensed and Updated (June 13, 2024)
~ Highway 14 Revisited: Congestion and Safety Edition (April-May)
~ Living With BC’s New Housing Regulations (April 23)
~ Building/Developing Sooke (May 30, 2023) ... I remain confident that a productive new District relationship with the revamped Sooke Builders Association is underway.
~ Our Up-Sooke-Sized Building Boom (August 26, 2022) ... Zoning and permits are in place, but ground remains resolutely unbroken in a number of situations for reasons I'm not privy to ... inflation, supply chains, labour shortages and the high cost of building anything/everything, most likely.
~ Sooke's Evolving Road, Sidewalk and Roundabout Network (January 20, 2021) ... Town-centre portions of Otter Point and Church now complete, the Church/Throup roundabout is complete (and a thing of beauty), and Charters Road has been remade from climate-ravaged disaster into a generously wide and safe boulevard for all ages and abilities.
~ X Homes + Y People + Z Cars = ? (December 18, 2018) ... Still the defining equation in Sooke, I figure.
Bonus!
Random other Bill 44 pushback ...
- Why BC’s Forced Rush to Rezone Neighbourhoods is Wrong - The Tyee, June 13, 2024
- How BC NDP Housing Policies Could Hurt Its Election Changes – CBC, Oct. 9, 2024
- Repealing Housing Legislation Is A Step Backward for BC – Vancouver Sun, Sept. 26, 2024
- Planning With A Sledgehammer – Maple Ridge News, Dec. 7, 2023
Images: Two screenshots from the SSMUH Provincial Policy Manual and Site Standards guidebook -- the first a guideline to compliance (Sooke is in the pink) ... and the second calls for municipal rocket science.
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