Addressing expiring Land Use Contracts
LANDS UNDER THE CAULFEILD AREA LUC
The technical review determined that additional time and resources are required for a separate technical exercise to create new zoning for the Caulfeild Area LUC due to its complex nature. The Caulfeild Area LUC is uniquely different from the other LUCs as it facilitated long-term area-wide development for the Caulfeild neighbourhood, with provisions for residential, commercial, schools, and greenbelt areas on over 700 properties. Each type of use, building and structure led to a variety of different governing regulations in this LUC. Given the complexity of the Caulfeild Area LUC, staff intends to conduct this separate technical exercise and report back to Council on its replacement zoning at a later time (but prior to the expiration of this LUC).
Land owners can determine if their lands are under a Land Use Contract through the District of West Vancouver’s geographical information mapping system WESTmap. Land owners can use this tool by inserting the address into the search engine, navigating to the left hand layers tab, click Zoning & Land Use, and turn on the Land Use Contract Sites layer. Lands under an LUC will be highlighted in yellow. If you require further assistance please contact the GIS Department at [email protected]. Further information and contact details are available on the dedicated District mapping web page.
JUNE 2022 Update
The proposed Zoning Bylaw 4662, 2010, Amendment Bylaw 5201, 2022; and Tree Bylaw 4892, 2016, Amendment Bylaw 5202, 2022 (Land Use Contract Sites) were considered at the May 31, 2022 public hearing and adopted by Council at the May 31, 2022, meeting.
May 2022 Update
Council considered the proposed bylaw amendments at the May 9, 2022 meeting and set the date for public hearing and the zoning bylaw amendments for May 31, 2022.
In 2014, the Provincial Government amended the Local Government Act to terminate all Land Use Contracts (LUCs) that historically formed site-specific, contractual agreements between local governments and landowners. The LUCs enabled site-specific development of land with specific requirements like maximum allowable density, height, setbacks, and landscaping.
The District currently has 23 LUCs which are due to expire on June 30, 2024. Without further action, land use regulations on lands currently subject to LUCs will revert to the underlying zoning, which are inconsistent with the existing buildings, structures and uses allowed by the LUCs and would lead to future legal non-conformity on the impacted lands. For reference, to see where each LUC is applicable, the District’s mapping tool Westmap displays the sites that are subject to a LUC (under the zoning tab and referred to as DAAs).
Staff reviewed the 23 LUCs and determined that each LUC’s unique contractual terms required site-specific amendments (i.e. CD or comprehensive development zones) to the Zoning and Tree Bylaws to avoid legal non-conformity.
The proposed amendments will address 22 of the 23 LUCs, while the remaining Caulfeild Area LUC will be addressed at a later date due to its complex nature. Given the complexity of the Caulfeild Area LUC, staff will review this LUC further and report back to Council on its replacement zoning at a later time (but prior to the expiration of this LUC).
For the remaining 22 LUCs should Council adopt the proposed amendments, new CD Zones and updated regulations will be in place so that land-use regulations will remain consistent with current LUC provisions and ensure legal conformity for over 500 properties when the LUCs terminate on June 30, 2024. In the meantime, the LUCs will continue to be effective until termination.
Council will consider the proposed bylaw amendments at its May 9, 2021 meeting and consider whether to set the date for a public hearing for the zoning bylaw amendments (proposed for May 31, 2022).
Council Report Proposed Bylaw Amendments for Land Use Contract Sites