Land Use Contracts - Early Termination

Land Use Contracts – Early Termination Process

Land Use Contracts (LUC) were a tool that the developer of the subject area and City used to negotiate how the property development would proceed. Typically these LUCs covered topics such as development fees and site servicing to be paid by the developer, land uses and building setbacks. The LUC bound both parties to the conditions within the contract and once the development was complete the LUC was usually discharged and removed from the land title. Some LUCs remain in force and continue to govern land uses notwithstanding subsequent City Zoning Bylaw regulations.

In 2014, the Province imposed an expiry date of June 30, 2024 for all LUCs throughout the province. The Province also allowed for the early termination of LUCs.

The early termination of an LUC requires 3 Readings of a bylaw and a Statutory Public Hearing in which public input is requested. Should the early termination process result in a new zoning or variances to accommodate existing buildings, then additional public input may be required.

FAQs

Please find Frequently Asked Questions here (PDF). We will be adding to the list of questions as the project continues.

If you have questions regarding the process of how it affects your property, please email city staff

Staff Reports and Letters for all LUCs

Please use the links below to find information regarding the LUC Termination process. A binder containing all of information on the website can be seen at City Hall during regular business hours (Monday – Friday 8:30 a.m. to 4:00 p.m., excluding Statutory Holidays).

Abacus Cities Ltd (Orchard Terrace, 15th St NE, 1 Ave NE & Okanagan Avenue). LUC N54304 – Early Termination Bylaw & Rezoning Bylaws Beginning November 2020

LUC N54304 between the City and Abacus Cities Ltd. permitted an eighteen (18) lot subdivision, including seventeen (17) R1 – Single Family Residential lots, one (1) R-4 Multi Family Residential lot of eleven (11) buildings containing a maximum of sixty (60) units, to be developed as per Zoning Bylaw 1180, 1976.

In 1988, the contract amended to permit the development of three (3) duplex units along Okanagan Avenue.abacus

The subject area includes sixty (60) multifamily dwellings (SPK507 and EPS740), three (3) duplexes along Okanagan Avenue (KAS2541, KAS1227 and KAS1054) and seventeen (17) single-family dwellings (Plan 33113). With regard to the multi-family development, the partially development site included six buildings (Phase 1, SPK507), until 2007 when a developer came forward and completed the development to the specifications of the LUC, adding 5 multifamily buildings (EPS740), completing Phase 2 of Orchard Terrace. The servicing for water, sewer, roads and lighting were completed by the conclusion of the last phase of the multifamily development and to the servicing standards set out in the LUC.

Under Zoning Bylaw 2303, 1995 (Appendix 3) the area is zoned R1 – Single Family Residential. Once the LUC is terminated the R1 zoning will govern the land uses in the area. While the R1 zoning appropriately captures the existing single family dwellings constructed on 1 Avenue NE and 15 Street NE, the zoning does not accurately reflect the duplex unit developments on Okanagan Avenue or the multi-family strata development of the Orchard Terrace. In conjunction with the LUC Termination Bylaw, staff are recommending the appropriate rezoning to capture the existing land uses. Orchard Terrace and the duplexes along Okanagan Avenue are proposed to be rezoned to R4 – Medium Density Residential zone so the developments are conforming to the current bylaw.