Departments

Early Termination of Land Use Contracts

Background

From 1971 to 1978, the Provincial “Municipal Act” permitted the Regional District to enter into agreements, known as a Land Use Contract (LUC), with property owners for the purpose of creating specified site-specific land uses and conditions of development.

The presence of a Land Use Contract on a land title requires that any regulations within the LUC take precedence over zoning or subdivision regulations on that land.

The last Land Use Contract to be approved by the Board occurred in 1978 and in the intervening 30 years, these agreements have not been subject to any sort of review in the context of changing land use patterns or policies.

Legislative Changes (2014)

In 2014, the provincial government amended the Local Government Act in order that all remaining LUCs within British Columbia will automatically be terminated, and shall be deemed to be discharged from the title of the applicable parcel by June 30, 2024.

Rather than wait for the default termination date in 2024, a new Section (914.2) of the Act allows the Regional District to terminate, by bylaw, a Land Use Contract prior to 2024 provided it does so in accordance with the standard procedures for amending a land use bylaw (i.e. public hearing). 

The benefits of the early termination process is that, rather than relying on existing rules, which may not adequately capture the provisions of the LUC, the Regional District Board has an opportunity to consider the introduction of zoning that may better reflect currently permitted uses and density.

(NOTE: the provisions of any new zoning applied to a property through the early termination of an LUC will not come into effect for one (1) year and a day following adoption.)

Land Use Contracts in the RDOS

Following the adoption of the changes to the Local Government Act, the Regional District undertook a review of its remaining Land Use Contracts (listed below) and will begin the process of terminating these over the next 2-3 years (commencing in 2015).

"Early Termination" Process

Under Section 914.2 of the Local Government Act, the Regional District may remove a Land Use Contract without the consent of affected property owners, however, in applying such an approach the Act stipulates that any new zoning adopted as part of an "early termination" does not come into force for 12 months plus a day following termination.

In the event that a property owner considers that the timing of the termination  causes a hardship, Section 901.1 of the Act allows for an application to be made to the Regional District's Board of Variance (BoV) - within 6 months after the adoption of the bylaw terminating the Land Use Contract - for an order that the provisions of the Land Use Contract may continue to apply for a specified period of time.

Alternate "Voluntary Discharge" Option

The Regional District recognizes, however, that the 12 month "grace period" that applies prior to zoning coming into affect under the "early termination" process may be problematic for those property owners looking to develop in ways not contemplated by the LUC. 

In response, the Regional District is making an alternate “voluntary discharge” option available to anyone who is considering new construction, subdivision or uses (i.e. secondary suites, etc.) in the next twelve (12) months and does not want to wait for the “grace period” to expire.

Property owners wishing to participate in this “voluntary discharge” option will need to sign a "Consent Agreement" with the Regional District (as this is a requirement of provincial legislation) and are encouraged to contact staff.

Electoral Area "D"

Land Use Contract No. LU-3-D

At its meeting of January 17, 1974, the Regional District Board adopted Amendment Bylaw No. 158, which authorised Land Use Contract No. LU-3-D, the purpose of which was to facilitate a proposed four phase 162 lot subdivision (what is now known as Lakeshore Highlands, Heritage Hills and Vintage Views).

Early Termination & Voluntary Discharge Process - Vintage Views

Regional District Planning & Development Committee: Administrative Report (page 86) / Minutes (May 21, 2015 - see page 9)

Public Information Meeting: July 6, 2015 (Public Notice / Feedback Form)

Electoral Area "D" Advisory Planning Commission (APC): Referral Report / Minutes (July 15, 2015)

Regional District Board - 1st & 2nd reading (page 141) / Minutes (August 6, 2015 - see page 4)

Public Hearing - September 3, 2015

Regional District Board - 3rd reading & adoption (page 69) / Minutes (September 3, 2015 - see page 3)

The new zoning of Residential Single Family One (RS1) will come into effect on September 4, 2016, for those parcels subject to the "Early Termination" Amendment Bylaw No. 2455.22, 2015.

Early Termination Process - Heritage Hills & Lakeshore Highlands

Regional District Planning & Development Committee: Administrative Report (page 86) / Minutes (May 21, 2015 - see page 9)

Public Information Meeting: July 6, 2015 (Public Notice / Feedback Form)

Public Information Meeting: September 23, 2015 (Public Notice / Feedback Form)

Electoral Area "D" Advisory Planning Commission (APC): Referral Report / Minutes (October 13, 2015)

Regional District Board: 1st & 2nd reading (see page 297) / Minutes (November 19, 2015)

Public Hearing: Notice / Report (see page 205) (December 9, 2015)

Regional District Board: 3rd reading & adoption (see page 189) / Minutes (December 17, 2015)

Regional District Board: adoption - Amendment Bylaw No. 2455.19, 2015 (January 21, 2016)

The new zoning of Small Holdings Five Site Specific (SH5s) will come into effect on January 22, 2017, for those parcels subject to the "Early Termination" Amendment Bylaw No. 2455.19, 2015.

Land Use Contract No. LU-6-D

At its meeting of February 22, 1973, the Regional District Board adopted Amendment Bylaw No. 169, which authorised Land Use Contract No. LU-6-D, the purpose of which was to facilitate the "St. Andrews Recreation Development", being approximately 175 parcels and golf course.

Land Use Contract No. LU-9-D

At its meeting of May 30, 1974, the Regional District Board adopted Amendment Bylaw No. 206, which authorised Land Use Contract No. LU-9-D, the purpose of which was to facilitate the development of the "Twin Lakes Guest Ranch & Resort Limited" (being an "all season resort").

Land Use Contract No. LU-10-D

At its meeting of November 21, 1974, the Regional District Board adopted Amendment Bylaw No. 218, which authorised Land Use Contract No. LU-10-D, the purpose of which was to facilitate the subdivision of 4 lots adjacent to Green Lake Road.

Land Use Contract No. LU-12-D

At its meeting of November 18, 1976, the Regional District Board adopted Amendment Bylaw No. 304, which authorised Land Use Contract No. LU-12-D, the purpose of which was to facilitate the creation (by subdivision) of the property at 781 Highway 97.

Land Use Contract No. LU-23-D

At its meeting of February 16, 1978, the Regional District Board adopted Amendment Bylaw No. 377, which authorised Land Use Contract No. LU-23-D, the purpose of which was to facilitate the subdivision of approximately 8 lots and a campsite adjacent to Trout Lake and Highway 3A. 

LU-23-D was subsequently amended by Bylaw No. 1614, which replaced the campsite with an additional 3 residential lots.

Electoral Area "E"

Land Use Contract No. LU-2-E

At its meeting of July 20, 1978, the Regional District Board adopted Amendment Bylaw No. 407, which authorised Land Use Contract No. LU-2-E, the purpose of which was to facilitate the development of an “apple slicing” and canning business on the property at 2800 Aikens Loop in Naramata.

Termination Process

Draft Amendment Bylaw Nos. 2458.08 & 2459.15, 2015

Electoral Area "E" Advisory Planning Commission (APC): Referral report /  Minutes - April 13, 2015

Regional District Board - 1st & 2nd reading (page 147) / Minutes - May 7, 2015

Public Hearing - Public Notice /  May 21, 2015 (page 90)

Regional District Board - 3rd reading & adoption (page 83) / Minutes - June 4, 2015

The new zoning of Agriculture One (AG1) will come into effect on June 5, 2016.

Electoral Area "F"

Land Use Contract No. LU-1-F

At its meeting of September 18, 1975, the Regional District Board adopted Amendment Bylaw No. 223, which authorised Land Use Contract No. LU-1-F, the purpose of which was to facilitate the development of four dwellings on sites at Lombardy Bay Estates that had been created in 1968, and no longer complied with the zoning introduced to the area in 1971.

Land Use Contract No. LU-2-F

At its meeting of November 5, 1975, the Regional District Board adopted Amendment Bylaw No. 281, which authorised Land Use Contract No. LU-2-F, the purpose of which was to facilitate a proposed 51 lot development off of Max Lake Road (what is now Husula Highlands).