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 will soon be initiating a proposal to terminate Land Use Contract (LUC) No. 225 and to zone the subject properties under a comprehensive development zone - CD-2 Lake Okanagan Resort to form part of Zoning Bylaw No. 871. This will also involve an amendment to the Rural Westside Official Community Plan.
Before starting the Land Use Contract termination process, landowners directly impacted by LUC No. 225 had an opportunity to review an early draft of the comprehensive development zone and provide comments.
Proposed Comprehensive Development Zone
The draft 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 will not be considered by the Regional District at this time. A CD-2 zone will provide for the comprehensive development of a residential and commercial resort community (Lake Okanagan Resort) which replaces the LUC.
What is the breakdown of density under the CD-2 Zone?
| Area designation | Existing # of units | Additional destiny allowed |
|---|---|---|
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CD-2 (A) Resort Commercial & Recreation |
0 |
63 accommodation units |
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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 |
Next Steps
RDCO staff are currently initiating the Land Use Contract termination process and preparing the associated bylaw amendments for consideration by the Regional Board. This process must be complete by June 30, 2022.
There will be opportunities to provide comments through the public notification process in advance of, and during, the Public Hearing. A date for the Public Hearing has been set for May 30, 2022. Notices will be sent in advance and will include details for the Public Hearing. No action is required by you at this time.
The LUC Termination & Rezoning/OCP Amendment Process
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. Further, on May 25, 2020, the Regional Board directed staff to commence a Regional District initiated amendment to terminate LUC No. 225, along with an amendment to the zoning bylaw to provide that the lands will be appropriately zoned (using the existing LUC to guide this process). RDCO Community Services staff will soon be initiating the termination of LUC No. 225 and proposal to zone the subject properties under a comprehensive development zone; CD-2 tailor-made for Lake Okanagan Resort. This will also involve an amendment to the Rural Westside Official Community Plan. Included in the process are public notification, public hearing, and various opportunities for consideration of the proposal by the Regional Board (called ‘readings'). |
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 will not be considered by the RDCO at this time. |
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 approved and 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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The 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 is in progress and must be complete by June 30, 2022. |
How can the public provide input? |
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There will be opportunities to provide your comments through the public notification process in advance of, and during the public hearing. A date for the public hearing has not been determined. Notices will be sent in advance and will include details for the public hearing. |
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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