Lake Okanagan Resort - Land Use Contract Discharge

As requested by the Province, Regional District staff will soon be initiating a proposal to discharge 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 discharge process, landowners directly impacted by LUC No. 225 had an opportunity to review an early draft of the comprehensive development zone and provide comments. 

Land Use Contracts

During the late 1970’s and early 1980’s 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. 225.

Land Use Contract No. 225

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.

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).

Proposed Comprehensive Development Zone

The draft CD-2 zone was prepared by adapting LUC No. 225. The purpose of which is to provide for the comprehensive development of a residential and commercial resort community (Lake Okanagan Resort) which replaces the LUC. The proposed zone includes 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.

Where are we at in the process?           

Next Steps:

  1. Regional District staff are currently reviewing and considering landowner comments along with other technical information and making any amendments to the draft zone as required.
  2. RDCO staff to initiate the Land Use Contract discharge process and associated bylaw amendments for consideration by the Regional Board.

The LUC Discharge & Rezoning/OCP Amendment Process

Frequently Asked Questions

1. What is a land use contract?

During the late 1970’s and early 1980’s 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.

2. What is land use contract no. 225?

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.

3. what properties are regulated under land use contract no. 225?

  • Lot 1, DL 3547, ODYD, Plan 30301, Except Plans 32216, KAP61751 & KAP89299
  • Lot 4 and an undivided 220/268 Share in Lot 1, DL 3547, ODYD, Plan KAP91945
  • Strata Plan KAS3867
  • Strata Plan KAS3858
  • Strata Plan KAS294
  • Strata Plan KAS287
  • Strata Plan KAS520
  • Strata Plan KAS322
  • Strata Plan KAS316

4. What is changing?

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 discharge 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’).

5. what is the process to get rid of a land use contract?

A LUC amendment bylaw to discharge an existing LUC in favour of the zoning regulations in Zoning Bylaw No. 871. Through this process, the LUC is discharged from title and the properties rezoned.

6. What is the Zoning bylaw?

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).

7. what is the CD-2 Lake okanagan resort zone?

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.

8. what is the breakdown of density under the cD-2 zone?

Area DesignationExisting
# of Units
Additional Density Allowed
CD-2 (A) 0 63 accommodation units
CD-2 (B) 0 220 dwelling units or accommodation units or a combination thereof
CD-2 (C) 18 0
CD-2 (D) 22 chalets 0
CD-2 (E) 99 0
CD-2 (F) 24 units on each parcel (48 total) 0
CD-2 (G) 12 0
CD-2 (H) 18 0
CD-2 (I) 0 0
TOTAL 217 283

9. what if i want a use not currently permitted or proposed in the CD-2 zone?

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.

10. what is an official community plan?

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.

11. what oCP applies to properties within Lake Okanagan resort?

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.

12. how long will this process take?

Approximately six to eight months to proceed through the evaluation and approval process. The process may take longer.

13. how can the public provide input?

There will be opportunities to provide your comments through the public notification process in advance of the Public Hearing 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. 

14. How do i get more information?

Contact Community Services Planning staff during the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday (excluding statutory holidays).

 

Additional Resources

 

 
 
 
Regional District of Central Okanagan | 1450 KLO Road | Kelowna, BC V1W 3Z4
Ph: 250-763-4918 | Fax: 250-763-0606 | Email: info@rdco.com
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