As an owner/resident of Meadowbrook, what does this Rezoning mean to me?
This rezoning process is mostly an administrative process that the City has to undertake to address the legislative changes made by the Provincial Government. This rezoning will only impact residents if/when they want to undertake a development on their property. Development applications will be reviewed against the Zoning regulations rather than the LUC.
Is the City or a developer purchasing my property?
No. There are no changes to property ownership, tenure or rental occupancy resulting from this rezoning.
Will this rezoning impact the Meadowbrook Park, roads or visitor parking spaces?
The proposed Zoning is only applicable to new development on privately owned properties. No change to the existing streets, parks or pathways are proposed through this rezoning.
What will happen to the existing carports and garages in this area as a result of the increased front yard setback?
The existing carports carport and garages that were developed with appropriate permits are deemed “legally non-conforming”. This means that they can remain where they are on the property and minor repairs and maintenance, including enclosure of the carports to convert to garages, is permitted with a valid building permit.
However should the carport or garage be removed completely, the expectation is that any new garage or carport structures will be built at the 6.0 meter setback line. Landowners may apply for a variance to this 6.0 meter setback if this setback would result in an undue hardship for the property owner.
Notably, the 6.0 meter setback is only applicable once the CD-29 Zone comes into effect on June 14, 2023. Prior to June 14, 2023 homeowners can apply to build or rebuild a carport or garage at the 0.0 meter front yard setback in accordance with the regulations in the Land Use Contract.
When can I apply for a permit under the new CD-29 Zone?
The CD-29 Zone will officially come into effect on June 14, 2023. You may apply for a building permit before June 14, 2023, however the City can not issue a permit under this Zoning till after June 14, 2023.
The Land Use Contract
What is a land use contract?
A land use contract (LUC) is a contract between a property owner and a local government that governs the use and development of a property. This may include aspects such as land use, building siting and density, for example.
Provincial legislation enabling LUCs was in effect for a short period of time during the 1970s and LUCs entered into during that time are still registered on the title of each property and are still in effect. Until recently, property owners and the municipality had to agree to change or cancel an LUC.
Why is the City of Coquitlam getting rid of the land use contracts?
The Province introduced legislation in 2014, which says that all land use contracts in British Columbia will end automatically on June 30, 2024. Municipalities must enact zoning regulations for all properties regulated by land use contracts before June 30, 2022. The legislation also allows municipalities to end land use contracts before 2024, as long as zoning is enacted for the affected lands.
What is going to happen to the Meadowbrook land use contract?
At some point between now and June 30, 2024, the land use contract regulating property in the Meadowbrook area (see map) will end and be replaced by new zoning.
Once the land use contract ends, the City of Coquitlam’s zoning and other municipal bylaws will govern the use and development of properties on the site. Coquitlam intends to submit an early termination bylaw in tandem with the new zoning. If this early termination bylaw is approved, the new zoning will take effect one year from the date the bylaw is approved, otherwise the zoning will take effect on the provincially mandated date of June 30, 2024.
How will the end of the land use contract affect my ability to change my property?
Once new zoning for the area is adopted and in effect, all new development and renovations must be in accordance with the new zoning regulations. The City will make every effort to maintain the existing use and development regulations, however, it is important to remember that this is not an exact process.
How is the City selecting the new zone?
Staff will be reviewing the existing LUC regulations (such as use, building setbacks, height, and lot coverage) and attempt to align these with either a standard zone in the City’s Zoning Bylaw, or develop a unique new zone for the Meadowbrook area. This will mostly be a technical exercise, with staff aiming to retain the existing character of the neighbourhood, while bringing the development rules in line with current regulations.
What happens to older development and renovations if they don’t meet the new zoning regulations?
The City will make every attempt to ensure that existing development complies with the new zoning regulations. Where this is not possible, existing buildings and structures, which were legally built, will have legal non-conforming protection under Division 14 of the Local Government Act and will be allowed to be retained. Any new development will be required to meet the regulations of the new zoning.
Land Use Contract Cancellation Process
When will the land use contract end?
Per Provincial legislation, the LUC will end on June 30, 2024. However, Coquitlam may submit an early termination bylaw in tandem with the new zoning. If approved, the land use contract will end one year after adoption, in accordance with the requirements of the Local Government Act. Once a land use contract ends, the City of Coquitlam’s zoning and other municipal bylaws will govern the use and development of the property.
What is the process for ending the LUC and approving the new zoning?
Ending a LUC and approving rezoning requires a bylaw to be approved by Council. A public hearing and notification is required before Council can approve these bylaws.
Will I have a chance to share my views with Council?
Yes. The City will follow its established rezoning process. This process includes a public hearing, which provides affected property owners with an opportunity to share their concerns with Council.
When a land use contract termination and rezoning bylaw are adopted by Council, does the zoning come into effect immediately?
No, the new zoning will come into effect one year after the bylaws are adopted. During this year the rules and regulations of the land use contract will continue to apply.
Does the City of Coquitlam require the consent of landowners before a land use contract can be terminated?
No. Unlike the previous land use contract amendment or termination processes which required the consent of the landowner, new provincial legislation allows the City to terminate land use contract without the consent of the landowner.
Is there a way I can keep my land use contract?
If you would like to extend the length that the LUC applies to their property, they may apply to the Board of Variance (coquitlam.ca/committees) for an exemption under Section 543 of the Local Government Act. However, this exemption would only last until the provincially-mandated LUC expiration date of June 30, 2024.
Is there a way I can keep my land use contract after June 30, 2024?
No, all land use contracts in British Columbia automatically end on June 30, 2024, unless ended sooner by the municipality. After a land use contract ends, zoning and other municipal bylaws will regulate land use on the property.