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 (548) 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 has been terminating these.  As of 2020, only three (3) contracts remains to be terminated.

"Early Termination" Process

Under Section 548 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 540 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 "F"

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).

DocumentsPublic ConsultationRegional District Board Consideration

Draft Amendment Bylaw:

Amendment Bylaw No. 2461.10

(version - 2020-11-13)

 

Other Documents:

Bylaw No. 281 – Land Use Contract No. LU-2-F (1975)

Bylaw No. 1135 – Amendment to LU-2-F (1990)

Bylaw No. 2204 – Amendment to LU-2-F (2003)

 

Comparison Tables:

LU-2-F vs. SH6 Zone

 

Superceded Versions of Bylaw:

Amendment Bylaw No. 2461.10

(version - 2020-07-20)

 

Amendment Bylaw No. 2461.10
(version - 2019-01-18)

Public Information Meeting:

Date: Wednesday, December 16, 2020
Time: 6:00 pm – 7:00 pm
Location: https://rdos.webex.com 

 

Notice of Public Information Meeting   

Feedback Form

 

Advisory Planning Commission:

Date: Monday, November 23, 2020
Time: 7:00 pm – 9:00 pm
Location: https://rdos.webex.com  
Agenda

Administrative Report

PowerPoint Presentation

Minutes (2020-11-23)

 

Public Hearing:

Date: Thursday, February 18, 2021
Time: 9:00 am
Location: https://rdos.webex.com

Webex Instructions  

Notice of Public Hearing

Feedback Form

 

Bylaw Introduction (1st & 2nd reading):
Administrative Report 

Representations

Minutes (2021-01-21)

 

Public Hearing Report:

Report

Representations

 

3rd Reading & Adoption:

Administrative Report

Representations

Minutes (2021-02-18)

IMAGELU2F

Electoral Area "I"

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.

IMAGELU6D

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").

PHASE 2

DocumentsPublic ConsultationRegional District Board Consideration

Draft Amendment Bylaws:

Amendment Bylaw No. 2683.06

Amendment Bylaw No. 2457.34

 

Other Documents:

Land Use Contract No. LU-9-D

LU-9-D Amendment Bylaw No. 917

LU-9-D Amendment Bylaw No. 1513

LU-9-D Amendment Bylaw No. 2624

 

Comparison Tables:

LU-9-D vs. RS2 Zone

Public Information Meeting:

Date: Tuesday December 7, 2021

Time: 7:00 p.m.

Location: https://rdos.webex.com

Event No.: 2495 254 9301

Password: RD@S

Webex Instructions 

Notice of Public Information Meeting

 

Advisory Planning Commission:

TBD

Agenda
Administrative Report
Minutes

 

Public Hearing:

TBD

Bylaw Introduction (1st & 2nd reading):
Administrative Report

Representations

Minutes

 

Public Hearing Date:

Administrative Report

Minutes

 

3rd Reading & Adoption:

Administrative Report

Representations

Minutes

IMAGELU9D