R4 Rezoning & Housing Applications

Municipal governments in Canada play a critical role in shaping local housing policies by regulating zoning, land use, and development approvals—actions that foster inclusive and sustainable communities. This page is dedicated to compiling a comprehensive dataset to support well-informed decisions on every R4 rezoning application submitted to the city. Please note, in an effort to list all my considerations for R4 applications, I may include other considerations as I'm continuing to learn and my assessment and investigation skills will evolve.

In the interest of transparency, this table illustrates the R4 zoning applications that have come to Council since I was elected, and my corresponding vote:

Process

Must Create a Bylaw to Amend the Zoning Bylaw

When a developer submits an application to rezone a parcel of land from a different designation, let's say R1 to R4, Section 5.7 of the City of Summerside Zoning Bylaw (new bylaw is not online yet) states:

Council, Planning Board and the Development Officer shall consider the following general criteria when reviewing applications, as applicable:

a. Conformity with all requirements of this Bylaw.
b. Conformity with the Official Plan (2018) and any approved Secondary Plans.
c. Suitability of the site for the proposed development.
d. Compatibility of the proposed development with surrounding land uses, including both existing and projected uses.
e. Any comments from residents or other interested persons.
f. Adequacy of existing water, sewer, road, storm water and electrical services, city parking and parklands for accommodating the development, and any projected infrastructure requirements.
g. Impacts from the development on pedestrian/vehicular access and safety, and on public safety generally.
h. Compatibility of the development with environmental, scenic and heritage resources.
i. Impacts on City finances and budgets.
j. Other matters as specified in this Bylaw, as well as other applicable City policies and bylaws.
k. Other matters as considered relevant.

The First Reading
This is the first time the Council reviews the amendment and the initial opportunity for the public to provide feedback on the proposed development. While additional chances for public input will be available later in the process, this session is exclusively reserved for those present in the chambers to voice their opinions. There are times members of the public may be concerned about Council not being able to answer questions at this time, and this is because Council are only learning about this development, and any details the developer has presented, at the same time as the public. The first reading is an opportunity to ask as many questions as possible to understand the applicant's concept fully.

The Planning Board
Staff prepares and presents a detailed report for the Planning Board outlining each of the abovementioned criteria. I then dedicate considerable time to reviewing and evaluating these criteria. During a public meeting, the Planning Board raises additional questions or concerns and votes on whether to forward the amendment to Council—with or without a formal recommendation. Note that (1) the amendment will proceed to Council for a vote regardless of the Planning Board’s support, and (2) in the event of a tie vote, the Board's recommendation is considered to favor moving the amendment to Council. The Planning Board comprises four members: myself, Councillors Doiron (chair) and Adams, and Mayor Kutcher.

Council Meeting
At the full Council meeting, a public vote is conducted, and the outcome determines whether the zoning amendment is approved or rejected.

My 13 Key Considerations

As a Councillor, in addition to the aforementioned criteria listed in Section 5.7 of the City of Summerside Zoning Bylaw, I must consider several essential legislated documents when evaluating a proposal to amend the zoning bylaw to expand High-Density Residential Housing (R4) as well as dig deep into the investigation. There are 13 in-depth examinations I conduct as a part of my rezoning application.

1. Guiding Principles and Legislative Duties

In the background of all decisions, even before we begin to look at decisions specific to rezoning, I need to make decisions that consider:

Code of Conduct - City of Summerside - Guiding Principles

• "Members of Council have a duty to make decisions based on the best interests of the municipality as a whole.” (Sec 8.3)
• “Members of Council have a duty to be as open as possible about their decisions and actions. This means communicating appropriate information openly to the public about decision-making processes and issues being considered, encouraging appropriate public participation, communicating clearly and providing appropriate means for recourse and feedback.”  (Sec 8.8)

IRAC's Guidelines for Council 

Over time, the Commission has developed a guideline for exercising its appellate authority under the Planning Act. The guideline involves two main considerations: 

• Whether the municipality followed the proper procedure as required by its bylaw, the Planning Act and the law in general, including the duty of procedural fairness; and 
• Whether the decision made by the municipality was based on sound planning principles in the field of land use planning. (LA17-02, APM Construction Services Inc. v. Community of Brackley (May 26, 2017) at para. 21.)

The duty of procedural fairness is clear, but ensuring that the decisions made by Council are based on sound planning principles requires a little more definition, as per IRAC:

• “Sound planning principles are a guard against arbitrary decision making especially where a regulatory checklist does not address a concern. Sound planning principles require regulatory compliance but go beyond merely insuring such compliance and require discretion to be exercised in a principled and informed manner. Sound planning principles require the decision maker to take into consideration the broader implications of their decisions.” (Order LA17-06, Stringer v. Minister of Communities, Land and Environment (10 August 2017) at para. 64.)
• “. . . sound planning principles include compliance with the requirements found in official plans and bylaws. However, strict compliance with prescribed requirements does not end the inquiry. The [IRAC] Commission must also be satisfied that sound planning principles were considered and applied during the decision-making process as a whole.”  (Order LA22-09, Fagan v. City of Summerside, Planning Appeal (22 June 2022), para. 28 )

City Staff Statement on Sound Planning re: Density Transitions 

In City Staff Reports to the Planning Board and Council, the following have been defined as sound planning or best practice:

• That "transition zones from R1 to R2 to R3 to R4 is sound planning." (Planning Board meeting, January 20, 2025)
• That R4 around greenspaces is appropriate (Planning Board meeting, January 20, 2025)
• "It is best practice when planning complete communities to locate high density development to areas  . . .  that exhibit a blend of land uses" and "fits the character of the near-by residential areas." (Planning Board meeting, March 4, 2025)
• "The OP has a section dedicated to 'complete streets', with policies and objectives focusing on developing an active transportation plan and improving bicycle and pedestrian circulation. We currently don't have a policy or plan regarding these topics, so we fall to best practice." (Planning Board meeting, April 1, 2025)

Planning Board Duties and Powers

Section 9(3) of the Planning Act outlines various "powers and duties" for Planning Board members. Notably, one provision is less prescriptive, granting a greater degree of discretion in how its authority is exercised:

• Sec 9 (3) (a) to investigate and survey the physical, social and economic conditions in relation to the development of the municipality;

Local Government Resource Handbook: Guide to the Municipal Government Act

• CITIZENS EXPECT SIMILAR TREATMENT IN SIMILAR SITUATIONS
  "Citizens expect that people in similar situations will be treated similarly. If someone is treated differently, it should be because their circumstances are different." (p. 26)
• BIAS as a CONFLICT OF INTEREST
  "Bias can be loosely defined as instances where a council member has a closed mind or holds preconceived notions on an issue that limit their willingness to consider all factors fairly. . . The council member may not have any pecuniary interest in the matter but if the member cannot be objective and consider other positions in voting on the matter, they should seek legal advice on how to proceed.  Bias is not ordinarily presumed to exist, but where a member has close ties to a person involved in municipal business or has repeatedly refused to consider opposing views or information contrary to their position, a reasonable person may believe that a bias exists and any decision made on the matter may be subject to legal challenge. " (p. 47)

Protection of Council if Acting in Good Faith (Planning Act, Sec 27)

• All member of Council need to act in “good faith and without negligence in the performance or intended performance of the person’s functions or duties or the exercise of the person’s powers under this or any other enactment or a bylaw" or they are no longer protected from personal liability.

2. Official Plan (OP)

The Official Plan serves as the blueprint for our city's Council-approved growth strategy. From a Councillor’s perspective, it is an essential guide that informs decisions and ensures alignment with our long-term vision. The Official Plan explicitly states its purpose as follows:

• "provide a common reference support document for Council decision-making on zoning, subdivision and other development matters, and to guide City staff in advising Council." (p. 9)
• "Guide decision-making and evaluation of land use and bylaw amendments; subdivision; and development applications with respect to heritage designations and parks and green space plan;" (p. 15)

Some notable reference points in Sec 3.2 Our Guiding Responsibilities:

• NOT BECOME AN UNDUE BURDEN ON FUTURE GENERATIONS
  Fiscal responsibility
  • "ensure the costs of building and maintaining services and infrastructure are affordable and will not become an undue burden on future generations." (p. 41)
  • "We will make informed decisions that advance the good of the community as a whole" (p. 41)
• Social responsibility and inclusion
  • "create diverse communities with accessibility to affordable housing, education, health care and public
    amenities for all citizens. (p. 41)
• OUR DEVELOPMENT BASED ON THREE KEY URBAN PLANNING PRINCIPLES:
  • Sustainability is a measure of the City’s continuing ability to maintain economic growth and a healthy tax base, to share social access to jobs, housing and services, and to exercise responsible environmental stewardship for the benefit of present and future generations.
  • Functionality refers to efficient organization and integration of the City’s land uses patterns, physical structures and infrastructure to meet changing community needs for housing, commerce, industry, tourism, education, health, government, culture and recreation.
  • Functionality is mediated by Diversity in the Plan to bring about more informal and humanistic mixing of urban uses, to broaden individual choices, and to add interesting variety in social contacts and the built environment.

3. OP Location of High Density Housing (Sec 5.3, p. 86)

"Council recognizes a change toward higher density residential development and wants to facilitate the construction of more dwelling units, a range of housing types, address questions of housing affordability and availability, and provide housing options for private ownership, nonmarket, and rental. Council envisions higher density housing such as apartment buildings, and larger row and town house complexes in areas supported by transit and pedestrian access as well as close to jobs, services, community facilities and Holland College."

Council’s criteria for locating high density housing in the city of Summerside include:

1. allowing additional high density residential development in areas where apartment buildings and larger multi-unit complexes are already located;
2. locating high density housing close to jobs, community facilities including Holland College and services, and of promoting pedestrian access;
3. opportunities for maximizing the number of opportunities for scenic views through higher density and taller residential buildings (but with protection of adequate view planes); 
4. benefits of locating higher density housing in difficult-to-service areas so that they can help distribute expensive development costs among more users;
5. opportunities for innovative mixes of higher density housing with other residential development in CDA’s
6. opportunities for recycling older (non-heritage) residential properties with higher density development;
7. opportunities for apartments in commercial/residential use buildings;
8. avoidance of negative economic and physical impacts on surrounding land uses, whether existing or proposed;

4. OP Objective: To Encourage High Density Housing (p. 87)

Our objective to encourage high-density housing is a factor in my evaluation of R4 applications. This goal not only supports increased housing supply but also aligns with our broader vision for sustainable, vibrant communities by promoting efficient land use.  The following are Council's statements of policy:

1. Encourage additional high density residential development in areas zoned for High Density Residential (R4).
2. Allow town houses, row houses, fourplexes, stacked townhouses, and apartment buildings provided that the buildings are integrated into the surrounding area in terms of scale and design.
3. Accommodate applications for higher density residential development including rezoning land in suitable areas.
4. Encourage buildings containing a mix of commercial and residential uses in the Downtown, Commercial Service, High Density Residential and CDA zones provided commercial uses are located in the main floor and are compatible with the residential nature of the building.
5. Promote high density residential in the new Connector Districts enabled through the development of the East West Connector.

5. OP Promote a Sufficient Diversity of Housing Types

Promoting a sufficient diversity of housing types is not only an ingredient of my investigation and evaluation of R4 applications—it is also explicitly recognized in eight distinct sections of our Official Plan. This commitment ensures that our city's housing options remain varied and inclusive, aligning with our long-term strategy for sustainable, functional, and diverse community growth.

1. Council’s statement of policy: “Promote a range of housing types and forms to accommodate a mix of age and income groups” under the Council Objective “To foster growth strategies that focus on making Summerside a Sustainable community” (p. 46)
2. Council’s statement of policy is to “promote a sufficient diversity of housing types, residential densities and tenure options to meet varied segments of market demand while establishing processes, guidelines, and standards, where appropriate, for consideration of the integration of new buildings into neighbourhoods” under the Council Objective “To promote all housing types in the city” (p.82)
3. Overall Vision Goal: “We want a broader mix of housing and affordability choices” (p. 39)
4. “Neighbourhoods foster the sense of place and belonging. Thus, it is important to provide a variety of uses and convenient amenities within neighbourhoods, including a range of housing types and tenures.” (Neighbourhoods Strategy, p. 54)
5. Council Goal: “Allow a range of housing types, densities, and forms of tenure, and accommodate population change, affordable housing and housing for vulnerable populations” (Residental Land Use, p. 79).
6. Council statement of Policy: “Other housing alternatives will be encouraged to broaden the City’s housing mix, including conversions of houses into additional dwellings, accessory dwelling units, multiple housing units, recycling of older residential areas, and adaptive conservation of heritage houses.” (under Objective - To create growth strategies that focus on making Summerside a diverse community, p. 49)
7. “Promote a mix of housing types” (Neighbourhood Strategy, p. 54)
8. Semidetached houses, duplexes, fourplexes, row houses, town houses and small apartment buildings which integrate into the neighbourhood are encouraged (p. 81)

Here is a breakdown of the Housing starts in the city to illustrate the growth trends:

6. Private Sector Recommendations from the Mayor's Task Force on Attainable Housing

The Mayor’s Task Force on Attainable Housing was established to identify innovative solutions for increasing affordable and accessible housing options in our city. Comprising experts, community leaders, and industry stakeholders, the Task Force has provided actionable recommendations designed to overcome current challenges in housing attainability: "[These] proposed solutions . . . have been specifically tailored to meet the unique requirements of its residents and community, both now and in the future. (p. 1). Since our Official Plan is to “implement the recommendations of the report from the Mayor’s Task Force on Attainable Housing” (p. 14), I consider these relevant recommendations for Industry and Private Sector within the Task Force document as critical decision points as they speak to the housing needs in the city:

1. Ensuring the appropriate mix of housing types and sizes can offset some of the current constraints in the housing system. (p. 15)
2. Social housing providers, particularly in the areas of emergency and transitional housing, noted the need for bachelor and 2-bedroom units. (p. 15)
3. Housing variety, in particular, will assist in meeting changing norms, needs, and preferences with households of different ages and sizes, and will recognize changes in community preferences. (p. 15)
4. The preferred types of housing change over time and a one-size-fits all approach will often mean that current needs aren’t met. These needs range from accommodating multi-generational households, shared housing and multi-family households to reduce shelter costs, and small households. (p. 15)
5. Recommendation: Housing Variety -  We are not necessarily building the range of housing types that our current and future residents need.
   1. Build broader range and mix of dwelling types.
   2. Explore opportunities to support entry to home ownership such as condo (p. 16)

7. OP: Ensure Housing Affordability and Diversity

Affordable housing is a multifaceted challenge. While increasing supply can help reduce rents over time, our Official Plan emphasizes that solutions must go beyond merely adding more units. Instead, we are committed to guiding the Council in making decisions that prioritize both affordability and diversity, ensuring more inclusive housing options for all residents.

Official Plan:

1. A "Livable Community" is the City’s overall vision, and it is defined as “an attractive, accessible community that supports the needs of a diverse population and labour force with quality affordable housing, ample open spaces, convenient transportation alternatives, quality recreational and active living services, a strong economy, healthy environment, and a distinct sense of identity.” (Defined in the Official Plan, p. 40)
2. Overall Vision Goal: “We are willing to increase density to prevent urban sprawl, provide affordable housing options, and encourage the conservation of agricultural lands”  (p. 39). What is equally important is Council changed their official plan in 2025 to delete “in the urban core area” and replaced it with “providing affordable housing options” to further emphasize Council’s desired result of the Official Plan. (one of 10 bullets in Our Vision Statement)
3. Overall Vision Goal: “We want a broader mix of housing and affordability choices” (p. 39, one of 10 bullets)
4.  “Create diverse communities with accessibility to affordable housing, education, health care and public amenities for all citizens (Our Guiding Responsibilities, p. 41)
5. “Affordable housing - quality housing for all household types, age groups and income levels” (One of three priorities under Social Responsibility and Inclusion, p. 42)
6. “Exploring new incentives and strategies to provide affordable housing options throughout Summerside” (Neighbourhoods Strategy, p. 54)
7.  Council Statement of Policy: “Provide incentives for construction of affordable housing through the use of density bonusing.” (under Objective – To Promote all housing types in the City, p. 82). Council amended the official plan in 2025 to include this statement on affordable housing.
8. Council Statement of Policy: “Support higher density development to promote land use and servicing efficiencies and housing choice as well as provide affordable housing options.” (under Objective - To ensure a sufficient supply of residential zoned lands, p 82). Council amended the official plan in 2025 to include this statement on affordable housing.
9. Council statement of Policy: “Ensure housing affordability and diversity - As development and change occurs, we must strive to contain Summerside's cost of living and promote sustainable economic development that provides sufficient jobs. An affordable community can only exist if we make sure that people who work in Summerside can afford to live here. We will need to monitor the supply of affordable housing options and provide opportunities for all segments of our population” (under the Objective - To create growth strategies that focus on making Summerside a Functional community, p. 48)
10. A Council goal: “A community that promotes affordable and adequate housing for all residents” (under Diversity, p. 49)
11. Council Goal: “Allow a range of housing types, densities, and forms of tenure, and accommodate population change, affordable housing and housing for vulnerable populations” (Residential Land Use, p. 79).
12. Council Goal: “Facilitate sensitive recycling of older, non-heritage housing and lots as an affordable housing option” (Residential Land Use, p. 79).
13. “In Summerside, the Residential district and related zones accommodate a range of uses. These uses contributed to the sense of neighbourhood. Some of these uses provide housing for vulnerable populations such as group homes, meet specific needs such as nursing homes and seniors housing complexes or provide affordable housing options such as mobile homes or boarding houses. Accessory dwellings units, in the form of secondary suites or garden suites, provide dwelling units associated with a residential property as well as another housing option. Council aims to build inclusive neighbourhoods where diverse populations and housing needs can be accommodated. Council wishes to remove barriers for these uses while setting conditions to ensure that they are integrated into the neighbourhood fabric.” (Other Residential Considerations, p. 87)

Task Force Attainable Housing:

1. Housing should be available for all household types, life stages, and income groups, with a particular emphasis on those in core housing need and low-mid incomes (p.18)

Housing Accelerator Fund:

1. Zoning to develop housing for vulnerable populations ($5,000 per unit, capped at 100 units. Amend ZBL to permit transitional/affordable housing) (Initiative #2)
2. Implement Density Bonusing for Affordable Units (City may contact a consultant to design and administer this program.) (Initiative #10)

8. Increase Supply of Missing Middle Housing

The City of Summerside has identified a significant gap in our housing market, often referred to as the "missing middle." This term describes housing options that fall between single-family homes and apartment buildings—options that are notably scarce in our community. Although we have a wealth of single-family homes and apartments, there is a clear shortage of intermediate housing types. The concept of the missing middle, coined by Daniel Parolek (2020), emphasizes building smaller-scale housing solutions to address today’s housing crisis:

“Missing middle housing is a range of multi-unit or clustered housing types, compatible in scale with single-family homes, that help meet the growing demand for walkable urban living, respond to shifting household demographics, and meet the need for more housing choices at different price points.” (Parolek, Daniel G.. Missing Middle Housing: Thinking Big and Building Small to Respond to Today’s Housing Crisis (p. 26). Island Press. Kindle Edition)

Although the City of Summerside’s Official Plan does not explicitly define middle missing housing, you can easily look at it as being what the city defines as "medium density housing" for simplicity.  There are three key city documents offer critical guidance that compels Council to focus on the specific types of middle missing housing identified by Parolek and other experts:

Official Plan:

1. “Encouraging the development of . . . vacant lands within the city for . . . town housing, row housing and mid-rise apartment buildings. Within the city there are approximately 600 ha of vacant land currently designated and zoned for residential development which could be used to supply this form of housing, commonly known as the “missing middle.” (p 84)
2. “Housing, including duplexes, fourplexes and smaller multi-unit buildings, which fit into existing residential neighbourhoods and support walkability, local retail and public transit, will be encouraged. (p. 47)
3. “Opportunities for medium density row houses and town houses will also be promoted.” (p. 47)

Housing Accelerator Fund: 

1. Incentivize Re-development of existing properties ($10,000 per lot, capped at 20 lots, will be offered to promote consolidation of existing lots into larger lots capable of supporting missing middle or multi-unit other buildings (Initiative #3)
2. Develop Design Requirements for Middle Missing Housing ($5,000 per missing middle unit, capped at 24 units) (Initiative #4)

Parolek is also clear that there are essentially two "levels" of middle missing housing, one of the lower limit (that is needed) and one of the upper limit: 

“Although the core of Missing Middle Housing is at the scale of single-family homes, at the upper end of the spectrum they can reach three to four stories and deeper on a lot. It is important to differentiate these types and this scale from the core of the Missing Middle to build support for the idea of Missing Middle Housing. These should be clearly classified as Upper Missing Middle Housing, which is appropriate only in some locations." (pp. 28-29). Island Press. Kindle Edition)

In Summerside, as elsewhere, middle missing housing is the gap between single-family housing and apartments, as this illustration shows even the sound planning principle of gradual growth in density:

Of note, however, the definition used by CMHC for missing middle brings in both the lower and upper levels and includes apartment buildings 4 storeys or less:

"Multi-unit housing characterized as missing middle refers to ground-oriented housing. This includes garden suites, secondary suites, duplexes, triplexes, fourplexes, row houses, courtyard housing, and low-rise apartments (4 storeys or less). Missing middle refers to the built form rather than a specific tenure or level of affordability, with a common focus of gentle density that is ground-oriented: each unit is accessed at ground level, or at grade, from a street, laneway or strata road. You may need to walk up or down stairs to get to a dwelling unit, but generally the front door is accessible to residents and visitors." 

9. Current Supply of High Density R4 Land in the City

In evaluating new applications for high-density zoning (R4), it is critical to consider the existing supply of R4-designated land and other key factors:

• Current Undeveloped R4 Land: According to the Mayor’s Task Force on Attainable Housing (October 2023), there are 153 acres of undeveloped R4-zoned land available in the City. An R4 designation can support between 14 and 30 units per acre. At 14 units per acre, this supply translates to approximately 1,975–2,140 units (a 10–11 year supply), while at 30 units per acre it could yield roughly 4,240–4,590 units (a 21–23 year supply) (p. 4).

• East-West Housing Corridor (EWHC): Since October 2023, the land use for overall housing supply has expanded significantly. The EWHC will open up an additional 345 acres of land, creating a “growth node” via CDA zoning. This node is anticipated to add about 2,000 housing units—many of which are projected to be high-density apartments—integrated with transit and active transportation.

• Need for a Comprehensive Land Supply Study: Both the Housing Accelerator Fund and the Mayor’s Task Force on Attainable Housing call for a formal study to analyze the City’s land supply and anticipated growth patterns.

  • Housing Accelerator Fund (Initiative #8) recommends undertaking a land supply study specifically for housing, focusing on areas serviceable by municipal water and sewer.
  • Attainable Housing Task Force (p. 6) similarly advocates for an updated land supply and growth scenario analysis to identify current and future needs.

10. CMHC Annual Housing Starts

I will provide a number of charts and tables to highlight the housing starts in the city.

This is likely an easier breakdown to see the trends in the last five five-year segments:

Source: Canadian Mortgage and Housing Corporation HMIP

11. CMHC Annual Rental Vacancy Rates - Summerside

This is based on both the Private Apartment and Private Row Houses Units in Summerside:

Source: Canadian Mortgage and Housing Corporation HMIP

12. CMHC Annual Rental Private Apartment Units - Summerside

Source: Canadian Mortgage and Housing Corporation HMIP

13. CMHC Annual Rental Private Townhouse Units - Summerside

NOTES:

• Staff Report: "Townhouse housing is needed in the Community" (Planning Board meeting, March 4, 2025)

Source: Canadian Mortgage and Housing Corporation HMIP