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).

Canoe Creek Estates LUC 1971 – Early Termination Bylaw & Rezoning Bylaws

Registered on title in 1979 the Canoe Creek Estates Land Use Contract was an agreement between the City of Salmon Arm and Inter-X Enterprises Ltd. In order to develop a 102 Strata Lot Mobile Home Park a number of variances to the Mobile Home Park Bylaw 1258 was required. The variances included lot areas, lot widths, spacing between units and the height of the single family dwelling (manager’s residence). The Land Use Contract also detailed visitor parking spaces, servicing requirements, road alignments and buffer areas.

Under Zoning Bylaw 2303, 1995 Canoe Creek Estates is zoned R1 – Single Family Residential. Once the LUC is terminated, the R1 zoning will govern the land uses and setbacks for Canoe Creek Estates. However, the R1 zone does not permit Mobile Homes as a permitted use. In conjunction with the Early Termination of the Land Use Contract, staff will be recommending to rezone the property and further amendments to Mobile Home Park Bylaw No. 1435 in order to accommodate the existing development and avoid any non-conforming issues.

Information Letter to Property Owners (PDF)
Land Use Contract (PDF)
Subject Property Map (PDF)
Map of Area to be Rezoned (PDF)
R1 Single Family Residential Zone (PDF)
R6 Mobile Home Park Residential Zone (PDF)
Staff Report to Council (PDF)
Draft Early Termination Bylaw (To Come)
Draft Zoning Bylaw Amendment (To Come)

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.

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.

Greyfriars Ltd. LUC N71309 – Early Termination Bylaw

Beginning April 2021 (more information to come)

In 1978 the subject property was part of a pre-planned area for industrial development. The developer (Greyfriars Rentals Ltd.) created a five (5) lot subdivision and constructed one (1) of two (2) buildings with one building straddling three lots. At the time, the City could have supported the development by approving a number of Development Variance Permits; however, a LUC was a simpler means to approve the complex proposal. The development is complete and the discharge of the Land Use Contract would not require any amendments to the Zoning Bylaw.

Information Letter to Property Owners (PDF)
Land Use Contract N71309 (PDF)
M2 – Light Industrial Zone (PDF)
Staff Report to Council (PDF)
Early Termination Bylaw (PDF)