Fairwinds Landing Phase 1Sc Development Application
The Regional District of Nanaimo is in receipt of a development permit with variance application and Phased Development Agreement (PDA) agreement amendment for phase 1Sc of Fairwinds Landing at Schooner Cove. The purpose of this page is to provide information about the development application.
In accordance with the Lakes District and Schooner Cove Phased Development Agreement, the subject properties are currently zoned Schooner Cove Comprehensive Development Zone 45 (or CD45). The proposed development is located within subzone Village Mixed Use (CD45-MU). The Marina and a small portion of the existing building are located within subzone (CD45-MA).
The proposed development permit with variance would permit:
The existing building (which is proposed building A) to be repurposed to include 11 dwelling units and a range of commercial uses.
The construction of a new building known as Building B which would be a six-storey residential building containing 39 dwelling units and a minor commercial component.
A comprehensive landscaping plan.
The provision of a publicly accessible waterfront boardwalk, internal pathways, publicly accessible space, and other amenities and infrastructure works that are required by the PDA.
As part of this application, the applicant has requested the following variances to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" (as per the PDA):
Variances for proposed Building A (the existing building)
Section 126.96.36.199 - Maximum Size of Buildings and Structures to increase the height of a portion of Building A from 18.0 m geodetic to 20.1 m geodetic to recognize the existing structure and incorporate roof insulation.
Section 188.8.131.52 - Maximum Size of Buildings and Structures to increase the height of a portion of Building A from 7.0 m geodetic elevation or 1 storey whichever is less to 16.32 m or 3 storeys, whichever is less to recognize a portion of the existing building which extends into the CD45-MA zone.
Variances for proposed Building B (the proposed 6 storey residential building)
Section 184.108.40.206 - Maximum Size of Buildings and Structures to increase the maximum number of storeys permitted from 5 to 6 for Building B.
Section 220.127.116.11 - Minimum Setback Requirements to reduce the minimum setback requirements for lot lines fronting a highway from 4.5 m to 3.0 m to permit an architectural roof overhang on proposed Building B which is approximately 6.9 m in width and is located approximately 18.0 m above grade adjacent to Dolphin Drive.
Variance for Temporary Parking
Schedule 3B - Off-Street Parking and Loading Spaces Section 1.1 - Location to permit temporary off-street parking on the parcel legally described as Lot 1, District Lot 78, Nanoose District, Plan 28544 for a duration not to exceed 24 months from the date of issuance of this development permit to satisfy the parking requirements for Building A.
Overview of proposed PDA amendments
The Lakes District and Schooner Cove Phased Development Agreement (PDA) applies to the subject properties. The PDA was adopted by the Board, in accordance with the Local Government Act, as part of the Lakes District and Schooner Cove Neighbourhood Plan and Zoning Implementation project in July 2014. In essence, the PDA is a binding agreement between the RDN and the property owner which specifies the amenities and commitments that the owner is required to provide in conjunction with the development of the lands affected by the PDA in exchange for the RDN agreeing not to amend the zoning of the subject properties for the 20 year duration of the agreement.
The proposal has triggered the need to consider amendments to the Lakes District and Schooner Cove Phased Development Agreement to better reflect the proposed development and to ensure that the timing and provision of amenities are secure given that the current proposal differs from the original development concept.
Key changes in the development concept which require amendments to the PDA primarily relate to the following:
Waterfront boardwalk and pathway
Timing and trigger mechanisms
Maintenance of the Multi-Use Pathway
Fire Protection Equipment
The following is intended to summarize the draft amendments to the PDA that are being proposed as a result of key changes in the development concept.
Maintenance of the Multi-Use Pathway
In response to MOTI's comments of June 20, 2017 that indicate it will not maintain the multi-use pathway, the proposed amendments will require one of the following two options to occur prior to the first subdivision, or within 18 months of the issuance of the first building permit, and prior to occupancy:
MOTI agrees to take on maintenance of the multi-use pathway or, in the event that it does not;
the owner successfully petitions the RDN Board to establish a local service area for the maintenance, operation, and management of the multi-use pathway.
Fire Protection Equipment
The applicant is proposing to install a fire alarm system in Building A and B and a video monitoring system in Building B. To secure these commitments, the proposed PDA amendment requires the owner to install the proposed fire protection equipment.
Waterfront Boardwalk and Pathway
The PDA currently requires the owner to provide a publicly accessible land based waterfront boardwalk/pathway to be provided and constructed by the owner along the foreshore in front of phase 1 Sc and 2 Sc lands. Under the current PDA, the RDN would assume responsibility for the boardwalk.
Now that the proposal is to retain building A, the land based route is no longer feasible on the portion of the owners land occupied by building A. In response, the applicant is proposing to use the marina floats for some or all of the waterfront boardwalk. Acceptance of the floating portions of the boardwalk does not offer the same level of protection for public access as the marina is not located on a titled property where public access can be secured through a statutory right of way.
The shift towards a floating boardwalk has resulted in a need to consider the following amendments to the PDA including:
To include language and requirements that continue to identify that the land based waterfront boardwalk route is the preferred option and to include requirements in support of securing a land based route where feasible over time. In the event that Building A is demolished, a land based route would be required.
To specify that the owner, rather than the RDN, will be responsible for any floating portions of the waterfront boardwalk.
To include a process and requirements for protecting public access across the floating boardwalk.
Timing and Trigger Mechanisms
The current PDA relies almost exclusively on development being initiated with the subdivision of land or strata subdivision within a particular development phase. As a result, the requirements and amenities outlined in the PDA are triggered at the time of subdivision and not through the development permit or building permit stage.
In general terms, the proposed amendments to trigger mechanisms for the provision of amenities are intended to ensure that the requirements of the PDA are fulfilled at logical stages of development regardless of how development proceeds in the future whether initiated by subdivision or building permit.
The current PDA requires the owner to provide a jib crane hoist as the development concept at the time was to remove the boat ramp in order to utilize that area for development. As the land near the boat ramp is no longer required for development and there is public interest to maintain the boat ramp, the applicant is proposing to retain the boat ramp and omit the jib crane hoist from the PDA.
The proposed PDA amendment would require the owner to register a statutory right of way to secure public access to the existing boat ramp on a fee for use basis.
To satisfy the applicable Development Permit Area Guidelines and the requirements of the PDA, the applicant has submitted a comprehensive development application package. The following links provide information on the proposed development permit with variance application.