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.
Although new LUC's are no longer permitted under provincial legislation, there are some still in effect such as LUC No. 258 (Shelter Cove / Timber Ridge).
Terminating the contracts
In 2014, the Province enacted legislation which stipulates that all LUC’s in BC will automatically be terminated on June 30, 2024. Local Governments are required to enact zoning regulations for all properties affected by land use contracts prior to June 30, 2022. The legislation also allows local governments with authority to unilaterally terminate LUC’s.
The Regional Board outlined the process locally in 2014.
Shelter Cove and Timber Ridge
As required by the Province, Regional District staff will soon be initiating a proposal to terminate Land Use Contract (LUC) No. 258 for Shelter Cove and Timber Ridge.
- Shelter Cove subject property is proposed to be zoned as RU5 – Small Lot Country Residential under Zoning Bylaw No. 871. This will also involve an amendment to the Rural Westside Official Community Plan. Rural Westside Consolidated Official Plan Bylaw No. 1274 will also be updated.
- Timber Ridge subject properties are proposed to be zoned as RU1 – Rural 1 and RU2 – Rural 2 under Zoning Bylaw No. 871. This will also involve an amendment to the Rural Westside Official Community Plan. Rural Westside Consolidated Official Plan Bylaw No. 1274 will also be updated.
Board Reports & Bylaws
- March 28, 2022 - Report to the Regional Board and Presentation slides
- Aerial map of subject properties
- Land Use Contract Termination Bylaw No. LUC 258-06 (Area of LUC termination)
- Zoning Amendment Bylaw No. 871-265 (Proposed zones)
- Rural Westside Official Community Plan Amendment Bylaw No. 1274-09 (Proposed OCP land use designations)
Land use contract 258
The Shelter Cove community located at 4401 Westside Road is currently developed with various seasonal residential accommodation units. The Timber Ridge lands located upslope of Westside Road remain vacant. The existing structures were sited in accordance with LUC No. 258 and subsequent amendments (Bylaw No. LUCA-80-1).
Permitted uses currently under the LUC include:
- Not more than 463 recreational vehicle sites and 42 vacation home sites;
- One recreation building;
- One retreat building, designed to accommodate up to 110 persons;
- One swimming pool building and swimming pool;
- One administration building;
- One maintenance building;
- One lodge with staff accommodation; and,
- One sani-station.
Land use contract Bylaw No. 258 - Nov 1978
Land use contract Bylaw No. LUCA-80-1 - May 1981
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 can take approximately six months to proceed through the review, evaluation, and approval process. For more information on the process, please review the rezoning/OCP amendment brochure.
There will be opportunities to provide comments through the public notification process in advance of the Public Hearing and during the Public Hearing. A date for the Public Hearing has been set for April 25, 2022. Notices will be sent in advance and will include details for the Public Hearing.
Opportunity for Public Comment
Members of the public may provide written comment on the proposed bylaw(s) by email to: corporate.officer@rdco.com or by delivery to the RDCO office at 1450 KLO Rd, attention: Corporate Services by 4 pm the day of the public hearing. Members of the public may also attend in-person on Monday, April 25, 2022 at 7:00 pm to address the Board at the public hearing. Public attendance may be limited due to COVID 19 protocols.
Please note, all public representation to the Board must include your name and civic address. For information on the Public Hearing, please contact Corporate Services at 250-763-4918.
How do I get more information?
Contact Planning Services at 250-469-6227 or by email planning@rdco.com