Zoning & Policy | Transit-Oriented Areas

Kelowna Transit-Oriented Areas (Bill 47): UBCO, Queensway, Orchard Park

Bill 47 is the second half of BC's 2023-2024 housing reforms. It forces minimum heights and densities inside prescribed Transit-Oriented Areas around major transit exchanges (Province of BC). Kelowna is a Type 2 medium community, which sets the minimums at 10 storeys in the inner 200 m ring and 6 storeys in the outer 400 m ring. This page explains how that works — and, critically, how it is different from Bill 44 SSMUH.

Key Takeaways

✓Bill 44 (SSMUH) and Bill 47 (TOA) are two separate acts doing two different jobs. Confusing them is the most common mistake in BC multiplex underwriting.
✓Kelowna is a Type 2 medium community. TOA rings force 10-storey and 6-storey minimums at 200 m and 400 m from prescribed exchanges, with FARs of 3.5 and 2.5.
✓Prescribed TOAs in Kelowna include UBCO Exchange, Queensway Exchange, Orchard Park / Rutland Exchange, Mission Recreation Park, and Westbank Exchange.
✓A lot near a frequent-transit stop (Bill 44) is not the same as a lot inside a prescribed TOA ring (Bill 47). Check both.
✓TOA minimums are ceilings the city cannot lower, not floors you have to reach. You can still build smaller — but land inside TOAs is priced for the upside.

Bill 47 vs Bill 44 — the Two Acts Do Different Jobs

This is the single most important distinction on the Kelowna multiplex page. Builders routinely read "transit" in both bills and assume they stack. They do not overlap the same way most people expect.

Dimension	Bill 44 (SSMUH)	Bill 47 (TOA)
What it affects	Any residential lot in an RU or eligible MF zone	Only lots inside a prescribed Transit-Oriented Area
Typical density	3, 4, or 6 units (ground-oriented multiplex)	6-10 storey apartment form with FAR 2.5-3.5
Geographic scope	Most Kelowna RU parcels citywide	Concentric 200 m and 400 m rings around prescribed exchanges
Transit definition	Frequent-service stops (15-min headways)	Prescribed exchanges listed by the Province
Parking rule	No parking minimum within 400 m of frequent transit	No parking minimums anywhere inside the TOA

Source: Province of BC Bill 44 and Bill 47 housing reform pages (SSMUH and TOD Areas).

Kelowna's Type 2 Tier Rules

The Province designates each TOA community as Type 1 (major regional), Type 2 (medium), or Type 3 (smaller). Kelowna sits in Type 2. The table below is the core of the Bill 47 framework as it applies here.

Tier	Radius from Exchange	Minimum Height	Minimum FAR	Note
Tier 1 (inner ring)	200 m from exchange	10 storeys	3.5	Applies at designated exchanges like UBCO and Queensway. The highest intensity requirement.
Tier 2 (outer ring)	400 m from exchange	6 storeys	2.5	The second concentric ring. A step down from the inner ring but still a major density uplift over the base zone.

Bill 47 sets the minimums. Kelowna cannot zone below them around prescribed exchanges. Source: Province of BC TOD page.

Is Your Lot Inside a TOA or Just Near Transit?

Bill 44 — "Near Transit"

Your lot is within the prescribed walking distance of a frequent-service stop (15-min headways 7am-7pm weekdays, 10am-6pm weekends). That unlocks the 6-unit SSMUH bonus on lots above 280 m² and removes parking minimums within 400 m. It does not force apartment densities.

Bill 47 — "Inside a TOA"

Your lot is inside a 200 m or 400 m concentric ring around a prescribed exchange. The municipality must allow at least 10 storeys (inner) or 6 storeys (outer) at FAR 3.5 or 2.5. Land price inside the inner ring typically reflects that upside — which is usually incompatible with multiplex economics.

Practical check: measure the straight-line distance from the parcel to each prescribed Kelowna exchange. If under 400 m, Bill 47 probably applies. If over 400 m but near a Route 97 or Route 8 frequent-service stop, Bill 44's transit rules apply instead.

Prescribed Kelowna TOA Exchanges

The Province prescribes the specific exchanges covered by Bill 47. These are the main Kelowna-area exchanges currently on the list (BC Transit). Confirm the current official list with the Province before committing to any underwriting assumption.

UBCO Exchange

Major exchange serving UBC Okanagan. High student ridership and Route 97 RapidBus plus Route 8 connections.

Queensway Exchange (Downtown)

Downtown Kelowna's central transit hub. Convergence point for most routes and the Route 97 spine.

Orchard Park / Rutland Exchange

Serves the Rutland Urban Centre and Orchard Park commercial area. Route 97 and Route 8.

Mission Recreation Park

Exchange serving the Lower Mission / Pandosy corridor.

Westbank Exchange

Across the lake in West Kelowna. Part of the Route 97 RapidBus spine.

What the TOA Framework Does NOT Change

DCCs Still Apply

TOAs change zoning ceilings; they do not touch Development Cost Charges under Bylaw 12420. A tower inside the TOA still pays full infrastructure charges.

BC Building Code and Step Code Still Apply

The BC Building Code, Zero Carbon Step Code, and Kelowna's overheating rule (26 °C in at least one living space) apply to TOA projects just as they apply to any other residential build.

Hazard Overlays Still Apply

FireSmart, Mill Creek floodplain, and hillside overlays are not waived by TOA status. A TOA parcel on an exposed slope still has to meet the hazard rules.

Best For

✓ Lots near frequent-transit stops (Bill 44) where the 6-unit multiplex bonus and the no-parking-minimum rule apply.
✓ Projects that explicitly understand which bill covers the parcel — SSMUH multiplex form vs TOA apartment form.
✓ Developers with both multiplex and mid-rise capability who can pick the form that fits the lot's regulatory status.

Usually Fails When

✕ Builders treat "near transit" and "inside a TOA" as the same thing. They are not.
✕ Land inside a Bill 47 inner ring is bought at apartment-value prices and built out as multiplex — the land basis alone kills the pro forma.
✕ The TOA framework is assumed to waive DCCs, Step Code, or hazard overlays.

What To Verify Before Spending Money

→ Whether the parcel sits inside a prescribed 200 m or 400 m TOA ring — straight-line distance from the exchange.
→ Which prescribed exchange list the Province is using at time of underwriting (the list can change).
→ Whether the lot is covered by Bill 44, Bill 47, both, or neither — each produces a different build strategy.

Frequently Asked Questions

What is the difference between Bill 44 and Bill 47? +

Bill 44 pre-zones every residential lot in BC for SSMUH 3-6 unit multiplex housing. Bill 47 forces high-density apartment zoning inside prescribed Transit-Oriented Areas around major transit hubs. They do different things and apply to different lots. A parcel can be covered by one, the other, both, or neither (Province of BC).

Is Kelowna a Type 1, Type 2, or Type 3 TOA community? +

Kelowna is a Type 2 medium community under Bill 47. That sets the minimum height and FAR at the two concentric tiers: 10 storeys and FAR 3.5 in the inner 200 m ring, 6 storeys and FAR 2.5 in the outer 400 m ring (Province of BC TOD page).

Does my lot near a Route 97 stop qualify for the 6-storey minimum? +

Not unless the lot is also inside a prescribed TOA ring around one of the designated exchanges. A frequent-transit stop triggers the Bill 44 6-unit bonus; a prescribed exchange triggers the Bill 47 6- or 10-storey minimum. The two are not the same.

Which Kelowna transit stops trigger the Bill 47 TOA rules? +

The Province prescribes the specific exchanges. In Kelowna the main prescribed TOAs include UBCO Exchange, Queensway Exchange (downtown), Orchard Park / Rutland Exchange, Mission Recreation Park, and Westbank Exchange (BC Transit). Confirm the current prescribed list with the Province and the City of Kelowna before underwriting.

Can I still build a multiplex on a TOA-affected lot? +

Bill 47 is a minimum, not a maximum. The municipality cannot restrict you below the minimum height and FAR, but you can choose to build less. In practice, if a lot is inside the TOA inner ring the land value reflects the 10-storey upside, which usually prices out multiplex economics.

Does the TOA framework waive DCCs or FireSmart? +

No. TOAs change the zoning ceiling; they do not touch infrastructure charges, wildfire construction standards, or the BC Building Code. All of those apply regardless of TOA status.