Land Use Contracts
During the late 1970s and early 1980s the Provincial Municipal Act permitted local governments to enter into agreements with property owners specifying site-specific land uses and conditions of development. These agreements are called Land Use Contracts which supersede any subsequent bylaw dealing with land use and development.
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).
Although new LUC's are no longer permitted under provincial legislation, there are some still in effect such as LUC No. 225 (Lake Okanagan Resort).
Terminating the contracts
As required by the Province, Regional District staff have initiated the termination of Land Use Contract (LUC) No. 225 and zoned the subject properties under a comprehensive development zone - CD-2 Lake Okanagan Resort to form part of Zoning Bylaw No. 871. This also involved an amendment to the Rural Westside Official Community Plan.
- Land Use Contract Termination Project – 2014 Board Report
- Lake Okanagan Resort LUC Termination - 2022 Board Report
On June 27, 2022, the Regional Board adopted the termination of the LUC, the CD-2 zone, and the OCP amendment. Despite Regional Board adoption, the LUC will stay in effect until the CD-2 zone comes into force on June 27, 2023 a per Section 548 of the Local Government Act.
Comprehensive Development Zone
The CD-2 zone was prepared by adapting LUC No. 225, including the same uses and density permitted by the LUC. Uses not already allowed in the Land Use Contract were not considered by the Regional District. The CD-2 zone will provide for the comprehensive development of a residential and commercial resort community (Lake Okanagan Resort) which replaces the LUC.
Application for exemption to relieve hardship from LUC termination process
Section 543 of the Local Government Act (LGA) permits owners of land subject to a LUC the ability to apply to the Regional Board for a variance if the timing of the termination causes the owner hardship. The application must be submitted within 6 months of bylaw adoption (prior to December 27, 2022) and the local government may permit the continuation of the LUC for a specified period of time, ending no later than June 30, 2024.
What is the breakdown of density under the CD-2 Zone?
| Area designation | Existing # of units | Additional destiny allowed |
|---|---|---|
|
CD-2 (A) Resort Commercial & Recreation |
0 |
63 accommodation units |
|
CD-2 (B) Multiple Unit Resort & Residential 1 |
0 |
220 dwelling units or accommodation units or a combination thereof |
|
CD-2 (C) Multiple Unit Resort & Residential 2 |
18 |
0 |
|
CD-2 (D) Chalet Housing |
22 chalets |
0 |
|
CD-2 (E) Multiple Unit Resort 1 |
99 |
0 |
|
CD-2 (F) Multiple Unit Resort 2 |
24 units on each parcel (48 total) |
0 |
|
CD-2 (G) Resort Motel 1 |
12 |
0 |
|
CD-2 (H) Resort Motel 2 |
18 |
0 |
|
CD-2 (I) Passive Recreation |
0 |
0 |
|
CD-2 (J) Golf Course |
0 |
0 |
|
Total |
217 |
283 |
What is a land use contract? |
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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. |
What is land use contract No. 225? |
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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. |
What properties are regulated under land use contract No. 225? |
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What is changing? |
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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. |
What is the new process to get rid of a land use contract? |
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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. |
What is the zoning bylaw? |
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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). |
What is the CD-2 Lake Okanagan Resort zone? |
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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. |
What if I want a use not currently permitted or proposed in the CD-2 Zone? |
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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. |
What is an official community plan? |
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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. |
What OCP applies to properties within Lake Okanagan Resort? |
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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. |
How long will this process take? |
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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. |
How can the public provide input? |
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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. |
How do I get more information? |
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Contact Planning department staff during the hours of 8 a.m. to 4 p.m. Monday through Friday (excluding statutory holidays).
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