Navigating the New Housing and Development Legislation

Essay Commentary

A Look at the Challenges Facing Sidney in 2025

In December 2024, Corey Newcomb, Sidney’s Manager of Community Planning, updated the Council on the Town's responsibilities under Bills 44 and 16, revealing a need for significant financial and human resources to meet these demands.

Understanding the Legislation

Bill 44: Zoning and Housing Needs

Sidney is tasked with updating its Official Community Plan (OCP) and zoning bylaw by December 31st, 2025 to accommodate 20 years of housing supply (2,991 net new units), as outlined in an Interim Housing Needs Report. This proactive approach is meant to streamline future housing developments. However, the scope of these updates depends on a detailed analysis of current housing stock and zoning laws, a process already underway by staff.

Bill 46: Development Financing Evolved

Amendments under Bill 46 enhance development funding options through Development Cost Charges (DCCs) and introduce Amenity Cost Charges (ACCs). These tools provide flexibility in financing community amenities and infrastructure, pivotal for towns like Sidney that are balancing growth with preserving community character. An update to Sidney’s DCC bylaw is currently underway and will include a review of potential ACC projects.

Bill 47: Potential Impacts of Transit-Oriented Development

While Bill 47 currently doesn't impact Sidney, it introduces Transit Oriented Areas (TOAs) aimed at increasing density around major transportation hubs. Though more relevant to larger municipalities, it's a signal for Sidney to monitor, especially with discussions around transit exchanges that could potentially bring TOA considerations into play.

Bill 16: Extending Support to Tenants and Affordable Housing

Arguably transformative, Bill 16 empowers local governments with tools like Tenant Protection Bylaws (TPBs), enhancing tenant rights during redevelopment. Most notable, TPBs do not rely on a discretionary approval process by Council and may require adherence to a TPB as a condition of receiving a permit. But, Bill 16 mandates financial analysis to ensure housing affordability within new zoning bylaws. 

The staff report notes that at the present time there are currently insufficient staff resources to develop a TPB in 2025; the Planning Department is currently shorthanded and other priorities need to be completed first (i.e., updates to the OCP and Zoning Bylaws, the Off-Street Parking and Loading Bylaw, as well as ongoing projects like the DCC bylaw update). Sidney faces the challenge of integrating these mandates with their existing density bonus and inclusionary zoning policies without overwhelming their planning capacity.

Council's Response and Strategic Planning

Throughout the Council meeting, discussions emphasized the strain these legislative pressures could place on Sidney’s planning staff. The need to spend $125,000 on consultants underscores the scale of this undertaking. Council directed staff to incorporate these requirements into budget discussions for 2025, with a focus on the minimum needed to comply with the legislation.

Conclusion: A Balancing Act for Growth and Community Needs

The introduction of Tenant Protection Bylaws was referred to strategic planning, acknowledging staff concerns over resource constraints. Balancing the work mandated by the Province and community needs requires careful planning, strategic resource allocation, and sometimes, difficult choices. This will be the work of the strategic planning and budget meetings. As the Town navigates these complexities, keeping an eye on both legislative requirements and community values will be crucial for fostering a sustainable and inclusive future.