There have been several community meetings and workshops with Pinecrest Estates regarding the proposed discharge of the land use contract, and the development of the zoning that was included in the Area D Zoning Bylaw No. 1350-2016 for Pinecrest. The Pinecrest Estates community has been supportive of removing the land use contract and replacing it with more up to date and appropriate zoning to reflect the community direction and vision.
The major changes were focused on increasing the parcel coverage and building footprint regulations from the limitations of the land use contract. A forthcoming amendment to the Area D Zoning Bylaw No. 1350-2016 will add provisions around the potential for encroachment onto limited common (strata) property.
The SLRD had been in communication with strata council members, and sent out an initial letter on January 10, 2017 to each individual strata lot owner to obtain their consent for the discharge of the contract from their title. A follow up letter was sent by the SLRD to each strata lot owner on April 4, 2017 as at that time, there were still 27 lot owners who had not responded.
As per section 546 of the Local Government Act, a land use contract may be discharged with the agreement of the owner of any parcel that is described in the bylaw as being covered by the amendment.
If any strata lot owner does not consent to the discharge, then the land use contract will remain in effect on their particular strata lot until all land use contracts are terminated automatically in June 30, 2024 as per s. 548 of the Local Government Act. A strata lot owner could also submit an application to discharge the land use contract from their particular lot before 2024 at their own cost through a process that would be similar to a rezoning application.
As part of this process, and because the Land Use Contract (LUC) Authorization Bylaw No. 102, 1976 is registered on the title of each strata lot, the SLRD can only remove the land use contract from those strata lots where the strata lot owners have given their consent. Only 59 out of 75 strata lot owners responded to the SLRD’s request for consent or non-consent. One of the 59 respondents did not consent to the removal of the land use contract from their lot. The remaining 16 strata lot owners who did not respond at all would have the land use contract remain on their particular lots.
The proposed Discharge Bylaw No. 1374-2016 would remove the land use contract from 58 out of 75 strata lots at Pinecrest Estates. Once the land use contract is discharged, the regulations of Squamish-Lillooet Regional District Electoral Area D Zoning Bylaw No. 1350-2016 and the PR1 (Pinecrest Residential 1) zone would apply to the 58 properties.
The following staff reports provide an update on the project. Bylaw No. 1374-2017 received 1st and 2nd reading at the July 26, 2017 SLRD Board meeting. The public hearing was waived, and the bylaw received 3rd reading at the August 23, 2017 SLRD Board meeting. It was approved by the Ministry of Transportation & Infrastructure on October 4, 2017. The bylaw was adopted by the SLRD Board at the October 25, 2017 meeting. The Pinecrest LUC has now been discharged from 58 out of 75 strata lots as described in the Bylaw No. 1374-2017. The LUC remains in effect on the remaining 17 strata lots, also described in Bylaw No. 1374-2017.