Land Use Contracts

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Land Use Contracts – A Background

During the 1970’s, provincial legislation allowed a local government to enter into Land Use Contracts (LUC) with property owners. LUCs were zoning, development permits, subdivision layout approval, Development Cost Charges (DCC) and engineering servicing agreements all contained within one document. The generally accepted reason for the enactment of LUCs was to allow municipalities the ability to create site-specific zoning regulations to control form and character of buildings, landscaping and to allow municipalities to enter into servicing agreements with developers for off-site works. Prior to LUCs, municipalities had limited options to control the form and character of development, require landscaping, collect DCCs and require off-site engineering works.

Similar to Restrictive Covenants, LUCs were registered to the title of lands and could only be amended or terminated by agreement of the District and landowner. Most properties regulated by a LUC have a notation on title indicating the property forms part of a LUC. The legislation authorizing LUCs was repealed in 1978; however, LUCs approved prior to this date remain in effect.

A review of Land Titles Office (LTO) and District mapping data confirm that a total of twenty-seven (27) LUCs remain affecting some 600 properties (fee-simple lots, strata units & rental units) owned by over 800 property owners.

Due to the amount of properties affected, a comprehensive process is required to ensure the orderly conclusion to LUCs in the District.

On November 20, 2017, District of Mission Council directed staff to initiate a process for the early termination of LUCs and a review of the zoning on affected properties.

A copy of the report to Council is available hereLand Use Contract Termination Project – Nov. 20, 2017

UPDATE:  On November 5, 2018, letters were mailed to the second half of the affected properties informing the property owners and residents about the second scheduled Public Open House & Information Meeting to be held at 6:30 pm to 8:30 pm on Thursday, November 22, 2018 at the Mission Leisure Centre located at 7650 Grand Street, Mission. The second set of letters sent out were for the properties affected by the following Land Use Contracts:

LUC Address
235-1972 7755 Grand Street
364-1974 32026 & 32028 – 7th Avenue, 7581 & 7589 May Street
378-1974 7581 Cedar Street
477-1976 All of Boxer Court & Bighorn Terrace and eastern 2/3 portion of Bobcat Drive (formerly Buffalo Drive) and portion of Badger Ave & Antelope Cr
498-1976 7910 Cedar Street, 32846 – 14th Avenue, 32883 Orchid Drive, and 32901 & 32903 – 12th Avenue
593-1977 8972 & 8974 Dewdney Trunk Road
594-1977 33525 – 7th Avenue
610-1977 33214, 33220, 33242, 33252 and 33262 Cherry Avenue
628-1977 8481, 8515, 8523, 8531, 8536, 8528, and 32282 Terris Street
631-1977 7303 Hurd Street
651-1978 32516 – 14th Avenue
691-1978 34555 Vosburgh Avenue
714-1978 11546 Dewdney Trunk Road

 

Read the Frequently Asked Questions

Jump Directly to the list of Land Use Contract

January 18, 2018 - Open House - Group A

On January 2, 2018, letters were mailed to half of the affected properties informing the property owners and residents about the first scheduled Public Open House & Information Meeting to be held at 6:30 pm to 8:30 pm on Thursday, January 18, 2018 in Room 4, Mission Leisure Centre located at 7650 Grand Street, Mission.  The first set of letters sent out were for the properties affected by the following Land Use Contracts:

LUC Address
365-1974 33260 11th Avenue
515-1976 29989 Dewdney Trunk Road
616-1977 33093 7th Avenue
611-1977 33333 12th Avenue
416-1975 DoM property – Unaddressed – Cedar Valley Connector
170-1972 32793 Lougheed Highway
376-1974 McRae Road & Kite Street east of Hurd St & McRae Rd intersection.
621-1977 33366 2nd Avenue
168-1972 7365 Alder Street
179-1972 33561 3rd Avenue
228-1972 32380 Lougheed Highway
276-1973 7436 Stave Lake Street
560-1977 7365 Cedar Street

Frequently Asked Questions

What is a Land Use Contract (LUC)?

From 1973 to 1978, provincial legislation allowed a local government to enter into a LUC with property owner.  A LUC was a type of contract approved by Council that governs the use and development of a property and can contain specifics on land use, building siting and density including details on development permit provisions, subdivision layout approvals, development cost charges (DCC) and engineering servicing agreements, all within one document.

The generally accepted reason for the enactment of LUCs was to allow municipalities the ability to create site-specific zoning regulations to control form and character of buildings, landscaping and to allow municipalities to enter into servicing agreements with developers for off-site works. Prior to LUCs, municipalities had limited options to control the form and character of development, require landscaping, collect DCCs and require off-site engineering works.

For more information on LUCs in Mission see the staff report to Council on Page 34 of the November 20th agenda package.

Where can I find more Information on LUCs?
Why is Mission reviewing zoning and LUCs?

In 2014, the Province passed legislation that terminates LUCs on June 30, 2024 and directs municipalities to ensure zoning is in place for the affected properties by June 30, 2022.

As a result, a comprehensive review of all LUCs and the associated zoning is required.

On November 20, 2017 Council directed staff to proceed with the LUC termination project. This project involves the early termination of all LUCs in the District and a review of the zoning.

Number of Applications per month presented to Council (Average) Start Open House #1 Open House #2     (Estimate) Final Report to Council (Estimate)
2 per month January 2018 January 2018 September 2018 June 2019
Who will pay for the termination of a LUC and any associated rezoning?

District of Mission will bear all costs associated with a District initiated termination of a LUC and associated rezoning.

Should the property owner choose to proceed ahead of the process, the property owner will bear all costs associated with the termination of a LUC and associated rezoning.

Does the District require authorization for the termination of a LUC?

No, provincial legislation enacted in 2014 allows the District to terminate LUCs without authorization from the property owner prior to the end date of June 30, 2024.

How is the District notifying property owners?

Affected property owners will be notified of a public information meeting by mail. The feedback gathered during this meeting will be collected and reviewed by the Development Services Department to assist in formulating a recommendation to Council. Affected property owners will also be notified of the Public Hearing related to the LUC affecting their property. At the Public Hearing, affected property owners and neighbours will have the ability to address Council directly.

Does a LUC termination make it easier for a developer to redevelop my property?

No, the development approval process will remain the same. A developer who wants to redevelop your property will have to obtain your consent to allow any redevelopment to occur. If the developer receives your consent, the developer will have to submit a development application to the District and go through the regular development application approval process.

What if I want to construct a new dwelling on my property that meets Land Use Contract but not the Zoning Bylaw?

The Land Use Contract will continue to regulate what you can build on your property until the in-effect date approved by Council. If the land owner feels the in-effect date will cause undue hardship, the property owner has the right to appeal the date of the bylaw to the District’s Board of Variance (BoV).

If the LUC for my property does not get terminated, does the LUC go on forever?

No, as per Provincial legislation, all LUCs in British Columbia will terminate on June 30, 2024.

Land Use Contracts by Address

All land use contracts within the District of Mission are provided below by address. Each PDF includes a map showing the property, the land use contract, and any amending contracts for that property.