Council discusses height-based development framework

On Monday, Oct. 7, Burnaby City Council discussed a staff proposal to adopt a new height-based development framework and amendments to the zoning bylaw. If adopted, the new framework would replace the existing floor area ratio (FAR) framework, which calculates the allowed density by calculating the ratio between the total built area and the lot it sits on. 

According to the council report outlining the new framework, “A height-based development framework is an approach to city building that prioritizes the form of development and the relationship of buildings to the public realm. While the proposed approach focuses on the built form, land use designations and zoning districts will still establish permitted uses.”

The report added that this new framework aims to be more user-friendly than the FAR. It also aims to simplify development regulations and approvals and “allow greater flexibility and mixing of land uses.” 

The city intends to align the framework with the official community plan (OCP) and recent provincial legislation. The framework also provides guidelines for inclusionary zoning, which refers to homes rented out at below-market rates in new developments. 

One aim of this framework is to address “missing middle” types of developments, such as low or mid-rise apartment buildings. 

“The proposed mid-rise apartment districts form a crucial component of the height-based development framework, providing a transition from the low-rise residential to high-rise residential neighbourhoods,” the report said. “This form of missing middle apartments has been rare in Burnaby, in part due to the existing FAR-based development framework. All mid-rise Residential Districts would include opportunities for ground-oriented commercial uses.”

Under the new framework, Burnaby will have nine residential zoning districts and two commercial districts. Each district will have a height limit that determines the types of buildings allowed in each area. Here is a breakdown of the different districts. 

Residential districts

The R1– Small-Scale Multi-Unit Housing District, adopted on June 10, 2024, permits between one and six ground-oriented units per lot up to four storeys (12m) in height. 

The R2 – Townhouse District would permit townhouse forms up to four storeys in height and neighbourhood-scale commercial uses where appropriate. 

The R3 – Low-Rise Residential District would permit apartment buildings up to four storeys in height.  

The R4 – Low-Rise Residential District would permit apartment buildings up to six storeys in height, or up to eight storeys in height if the property is located within a designated Transit Oriented Area (i.e., within 800m of a SkyTrain station). These districts would also permit neighbourhood-scale commercial uses where appropriate. 

The R5 – Mid-Rise Residential District would permit terraced apartment buildings up to 12 storeys in height. 

The R6 – Mid-Rise Residential District would also permit terraced apartment buildings up to 20 storeys in height. 

The R7 – High-Rise Residential District would permit apartment buildings up to 30 storeys in height. 

The R8 – High-Rise Residential District would permit apartment buildings up to 40 storeys in height. 

The R9 – High-Rise Residential District would permit apartment buildings 50 storeys or greater in height. 

Commercial Districts

The C1 – Neighbourhood Commercial District would permit low-rise buildings up to four storeys in height and commercial uses that support the daily shopping needs of nearby residents, such as small grocery stores, convenience stores, cafes, and smaller-scale offices.

The C2 – General Commercial District would permit all scales of commercial development, including large-scale retail, food, hospitality, and office uses at various building heights. 

The framework proposes overlaying commercial and residential zones on mixed-use sites, but the maximum height of the residential development would apply. 

“Where mixed-use sites are identified, the land use designation or zoning district with the most permissive height allowance would apply, rather than the cumulative heights of each district. Where residential zoning is applied, the residential height allowance would take precedence,” the report said. 

Council discussion

The new framework led to a great deal of discussion in council, especially regarding the new amendments to the current Rental Use Zoning Policy regarding inclusionary rentals. Council sent the framework back to staff for further changes. 

Another issue is that inclusionary requirements will only apply to new residential developments in the R5-R9 districts. The reasoning is that “the scale of inclusionary housing produced by low-density developments (six storeys and below) is typically not delivered at an economic scale for non-profit management.”

However, this may lead developers to pass on the cost of the inclusionary units to new homeowners buying an apartment for the first time, as the city will no longer offer a density offset to developers to make up for the cost of inclusionary housing. Coun. Daniel Tetrault suggested to staff that the city implement a cash-in-lieu system for developments in the R1-R4 districts. Coun. Alison Gu also spoke about how this may affect first-time home buyers. 

“Perhaps it’s not fair for new homeowners that can only afford a one-bedroom or bachelor apartment in a town centre to be carrying the lion’s share of generating inclusionary zoning, as opposed to we’ve got property owners who have single-family homes whose values have shot up three times the amount that their assessed values are,” Gu said. 

Gu added an amendment to the motion directing staff to aim for a minimum of 15% inclusionary zoning and explore other options and tools to improve the situation for the Edmonds area, which is excluded from the inclusionary zoning requirement under the proposed framework. 

The new framework is included in the OCP engagement for the land-use framework. The city is also in the process of engaging with industry representatives to modify the zoning bylaws. 

“If Council supports the height-based framework and proposed amendments to the inclusionary rental policy and community benefit bonusing policy, then staff will bring forward a Council report at a future date seeking approval of the specific amendments to the Zoning Bylaw required to implement the proposed changes, which will also provide an update on further communication and engagement initiatives, including implementation resources for staff and applicants,” the staff report said. 

“We take the application in accordance with minimum heights, and it really is either/or if an applicant comes forward and says, well, I can’t fit for FAR in 12 storeys, and they come forward with an application of 16 stories, Council can reject that application not because it doesn’t comply with the FAR, but it doesn’t comply with the height,” said Johannes Schumann, director of neighbourhood planning and urban design. “So there is that control and height is a much easier metric for the general public to understand what the form will be in their neighbourhood than FAR, which is quite complex to the average person to understand.” 

This piece was made possible by the Local Journalism Initiative.

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