Lake Okanagan Resort land use contract termination

During the late 1970s and early 1980s the Provincial “Municipal Act” permitted the local government to enter into agreements with property owners specifying site-specific land uses and conditions of development. These agreements are called Land Use Contracts (LUC's) which supersede any subsequent bylaw dealing with land use and development.

Although new LUC's are no longer permitted under provincial legislation, there are some still in effect such as LUC No. 225.

LUC No. 225 is comprised of an area of land located between Caesar's Landing and Wilson's Landing within the Central Okanagan West Electoral Area. The subject properties affected total an area of +/- 35.62 ha (88.03 acres).

LUC No. 225 identifies the terms and conditions for the use and development of the land within Lake Okanagan Resort including but not limited to occupancy, servicing, phasing, siting, and density.

Under the LUC, the combined total number of units shall not exceed 500.

Existing structures were sited in accordance with LUC No. 225 and subsequent amendments (Bylaw No. LUCA-81-3 and Bylaw No. LUCA-95-44 -1997).

The 1997 amendment made significant changes to the LUC, including the replacement of the existing site plan with a revised site plan: Revised Schedule B-96-9.

• Land Use Contract No. 225

• Lot 1, DL 3547, ODYD, Plan 30301, Except Plans 32216, KAP61751 & KAP89299
• Lot 4 and an undivided 220/268 Share in Lot 1, DL 3547, ODYD, Plan KAP91945
• Strata Plan KAS3867
• Strata Plan KAS3858
• Strata Plan KAS294
• Strata Plan KAS287
• Strata Plan KAS520
• Strata Plan KAS322
• Strata Plan KAS316

Under the Local Government Act(LGA) all LUC's in BC will automatically be terminated on June 30, 2024.

Local governments have been provided with authority to unilaterally terminate LUC's under the LGA. The Regional Board adopted the termination of LUC No. 225, along with an amendment to the zoning bylaw to zone the subject properties under a comprehensive development zone; CD-2 tailor-made for Lake Okanagan Resort and an amendment to the Rural Westside Official Community Plan.

A LUC amendment bylaw to terminate an existing LUC in favour of the zoning regulations in Zoning Bylaw No. 871. Through this process, the LUC is terminated from title and the properties rezoned.

The zoning bylaw regulates how land, buildings and other structures may be used and divides Central Okanagan West Electoral Area and parts of Central Okanagan East Electoral Area (outside of Joe Rich) into zones.

The zoning bylaw is comprised of mapping and text. The mapping outlines the zone of properties and the text provides a list of permitted uses for each zone. Each zone also has a set of regulations (such as the number of residential units permitted, building height, or setbacks).

RDCO Community Services staff has developed a comprehensive development zone that is intended to closely resemble LUC No. 225 in terms of permitted uses and density. The density will be the exact same as is currently permitted in the LUC.

The maximum number of overall units (total of all dwelling units and accommodation units in the CD-2 zone) is 500.

Uses not already allowed in the LUC have not be considered by the RDCO.

• CD-2 Lake Okanagan Resort

If property owners want to apply for other uses not already permitted, they can still apply for a bylaw amendment to amend the comprehensive development zone once it is in effect.

An Official Community Plan (OCP) is a statement of goals, objectives, and policies to guide decisions on planning and land use management, which establishes a long-term vision for the future.

An OCP also contains maps that designate land use and where various uses may be considered appropriate.

OCP's are developed with considerable public input and policies in an OCP are used to help guide land use decisions. OCP policies are consulted when evaluating all rezoning and development applications.

Rural Westside Official Community Plan | Bylaw No. 1274

The OCP Future Land Use map identifies Lake Okanagan Resort as “Commercial – Resort” and the OCP contains policies for this designation.

This process was completed by June 30, 2022. The LUC will stay in effect until the CD-2 zone comes into force on June 27, 2023.

There were opportunities to provide your comments through the public notification process in advance of, and during the public hearing. Notices were sent in advance and included details for the public hearing which was held on May 30, 2022.