Transit-oriented development legislation might not override Vancouver view cones | Daily Hive

BC government's new transit-oriented development legislation might not override Vancouver's view cones

Artistic rendering of the former MEC store redevelopment into rental housing towers at 130 West Broadway, Vancouver, near SkyTrain Broadway-City Hall Station, in relation to View Cone 3.0 from the top of Queen Elizabeth Park. (NSDA Architects/IBI Group/Reliance Properties/Quadreal Property Group)

Much has already been said about how the Government of British Columbia’s new transit-oriented development (TOD) legislation could be a game changer for Metro Vancouver’s public transit hubs, including SkyTrain stations and major bus exchanges.

Metro Vancouver’s suburban municipalities are already leaders in transit-oriented development, with high-density tall building developments sprouting from all directions around SkyTrain stations in jurisdictions such as Burnaby, Coquitlam, and Surrey.

Where the transit-oriented development legislation could particularly make an impact is within Vancouver, where a number of SkyTrain stations are surrounded by low-density, single-family neighbourhoods, including the original Expo Line stations of Commercial-Broadway, Nanaimo, and 29th Avenue, and the Canada Line station of Langara-49th Avenue.

For some of the SkyTrain stations within the Cambie Corridor Plan and Broadway Plan, the City of Vancouver’s currently prescribed building heights and density for the areas surrounding Olympic Village Station, Broadway-City Hall Station, and King Edward Station are well below the provincial government’s prescribed TOD allowances.

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The TOD legislation stipulates enabling a minimum height of 20 storeys and a floor area ratio (FAR) density that is at least five times the size of the lot in residential and mixed-use residential zoning within a 200-metre radius of a SkyTrain station. The allowances gradually transition downwards to at least 12 storeys for areas 201 metres to 400 metres away and at least eight storeys for areas 401 metres to 800 metres away.

Some of the most significant obstacles imposed by the municipal government with achieving greater heights and densities at some of the SkyTrain stations are the protected mountain view cones and building shadowing regulations.

vancouver view cones protected mountain views f

Existing protected mountain view cones. (City of Vancouver)

As it turns out, it is uncertain whether the provincial government’s TOD legislation will override Vancouver’s uncompromising view cone and shadowing policies.

When asked whether the TOD legislation would overturn the view cones and shadowing policies within the transit-oriented development areas, the provincial government was unable to provide a clear answer but suggested this could be left to the municipal government to determine.

“The Province’s transit-oriented development legislation will be a key tool for local governments to support the development of compact, connected, efficient communities close to transit as the province continues to grow over the next few years and decades,” the Province told Daily Hive Urbanized.

“Each community is unique, and we look forward to discussions with all communities on how the new regulations apply to them,” before adding that more details on the regulations will be available soon.

This potentially provides the City of Vancouver with much room for interpretation for how they are to change their bylaws by June 2024 in accordance with the TOD legislation.

The City of Vancouver has put its view cone policies on the highest pedestal of urban planning and design considerations ever since the regime was first created in 1989.

If a high degree of flexibility were provided to the municipalities, Vancouver’s view cone regime could remain largely or even fully intact within the 800-metre transit-oriented development radius around areas near SkyTrain stations and impacted by view cones.

During the press conference in early November 2023 announcing the TOD legislation, provincial leaders asserted it was a mistake that the tallest buildings in the area of King Edward Station reach a height of no more than six to eight storeys, based on the City’s Cambie Corridor Plan.

But the ability to reach at least 20 storeys around King Edward Station or even 12 storeys for areas slightly further away is impeded not only by the unambitious prescriptions of the Cambie Corridor Plan but also by View Cone 3.0 emanating from the top of Queen Elizabeth Park.

SkyTrain King Edward Station with its eight-storey Cambie Star building. (Jeremy Segal/W.T. Leung Architects)

130 West Broadway Vancouver Reliance Quadreal rental towers 2023

View Cone 3.0 from Queen Elizabeth Park and its relation with the site at 130 West Broadway, Vancouver. (NSDA Architects/IBI Group/Reliance Properties/QuadReal Property Group)

There are further height restrictions in the area around Commercial-Broadway Station — one of TransLink’s busiest transit hubs — due to two view cones, including View Cone 21 emanating from the intersection of Commercial Drive and East 15th Avenue, which impacts potential development to the west of the station, and the wide-spanning View Cone 27 emanating from Trout Lake, which impacts areas to the east of the station.

For example, the Vancouver Elementary and Secondary School Teachers Associations recently received approval to build a six-storey building with education training space and social housing for elementary and secondary school teachers at 2929 Commercial Drive — a site about 350 metres south of Commercial-Broadway Station. Due to View Cone 21, only a six-storey building can be achieved, with the sixth floor being a partial floor due to how the view cone has moulded the potential physical form of the building. But for its location relative to its proximity to the SkyTrain station, the TOD legislation on its own would allow at least a 12-storey building.

Apart from the Safeway site next to Commercial-Broadway Station, the City’s Grandview-Woodland Plan does not provide the ability for taller buildings within the 800-metre TOD radius.

Map of View Cone 27 emanating from Trout Lake. (City of Vancouver)

View Cone 27 emanating from Trout Lake. (City of Vancouver)

Map of View Cone 21 emanating from the intersection of Commercial Drive and East 12th Avenue. (City of Vancouver)

View Cone 21 emanating from the intersection of Commercial Drive and East 15th Avenue. (City of Vancouver)

View cone impact on 2929 Commercial Drive, Vancouver. (DYS Architecture)

Artistic rendering of 2929 Commercial Drive, Vancouver. (DYS Architecture)

For the most part, the 2022-approved Broadway Plan already largely aligns with the provincial government’s TOD legislation.

For example, the Broadway Plan enables heights of up to 30 storeys for secured rental housing and hotel uses along the south side of Broadway west of SkyTrain’s future Mount Pleasant Station at the intersection of Main Street and Broadway.

But a significant area of the Broadway Plan area between roughly Laurel Street and Main Street is inhibited by View Cone 3, and the area around Oak-VGH Station is further impacted by the helicopter flight path for Vancouver General Hospital. Within this general area, the Broadway Plan’s allowable added densities and heights near the future subway stations are generally already close to being aligned with the TOD legislation, but the Broadway Plan is highly contradictory, as the prescribed allowances do not override the view cones. Under the prescriptions, the Broadway Plan states that the “achievable height and density may be lower where height is restricted by view cones.” In some cases, due to the view cone, this could mean the permitted heights are cut by as much as half.

The areas north of Broadway-City Hall Station are particularly constrained in height by View Cone 9 emanating from the intersection of Cambie Street and West 12th Avenue. When the Millennium Line extension opens in 2026, Broadway-City Hall Station will become one of the region’s new busiest transit hubs.

If the view cone and shadowing policies and other municipal regulations do not become subservient to the TOD legislation, the provincial government’s stated intent and goals of its new approach could be significantly diminished within Vancouver.

Furthermore, Vancouver City Council recently directed City staff to perform a detailed study of the view cone regime to analyze its impacts on potential housing supply and economic development, but it is only expected to weed out obsolete view cones, such as view cones that are already obstructed — not the panoramic view cones like those emanating from Queen Elizabeth Park and Trout Lake.

vancouver view cone sign false creek seawall

Views of the mountains through this view cone from South False Creek are absent on this rainy day in Vancouver. The City of Vancouver’s view cone propaganda signs will soon be removed following Vancouver City Council’s decision! (Daily Hive)

Ian Brackett with Goodman Commercial also told Daily Hive Urbanized the provincial government is expected to give municipal governments the room to insert their policies on top of whatever the provincial government dictates.

“Some of this may be helpful. However, in previous attempts to densify transit-oriented neighbourhoods, such as the Broadway Plan, Grandview-Woodland Plan, and Marpole Plan, we have seen too many restrictions and not enough bold vision, resulting in relatively slow uptake,” said Brackett.

He suggests the flexibility of the provincial government’s approach opens the possibility for other limitations added by the municipal governments, such as a maximum number of towers per block, minimum street frontage, and building setbacks, in addition to maintaining the view cones of Vancouver.

There are also questions relating to the exact permitted building uses, whether below-market homes will be required under inclusionary zoning and the required level of community amenity contributions (CACs) or density bonus charges.

“The more restrictions municipalities put on these TOD areas, the fewer sites will actually be viable for redevelopment,” continued Brackett.

He adds that the provincial government’s FAR density prescriptions represent a relatively modest increase, which may not be enough to make many sites viable for redevelopment. For example, he says, many areas in the Broadway Plan designated for high-rise tower development at higher densities than what is suggested by the legislation are not viable because even the existing low-density townhouses or duplexes on the properties are worth more than what many developers can afford to pay as a development site.

He asserts far greater minimum building heights and densities are needed than what is prescribed by the legislation.

“Many properties in the TOD areas already have zoning or community plans allowing similar densities, and almost all are already improved with buildings that have value in their current form,” he says.

“Unless we see densities much greater than the minimums released by the province, we are unlikely to see many properties with existing apartments or commercial buildings redeveloped.”

The transit-oriented development legislation follows other edicts imposed by the provincial government on municipal governments across BC, including the Housing Supply Act and the legislation relating to Missing Middle housing enabling more units on a single-family lot.

While municipal governments may perceive these policies as the provincial government stepping into their jurisdiction, in the same manner, it also provides municipalities with the political cover they need to make the type of major changes they may have previously been unwilling to do so on their own accord.

grandview-woodland community plan commercial-broadway station precinct alternate original

One of the earlier, more ambitious concepts for Commercial-Broadway Station Precinct under the Grandview-Woodland Community Plan. This was rejected. (City of Vancouver)

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