PLANNING & ENVIRONMENT COMMITTEE 11 FEBRUARY 2009

241

Agenda – Planning & Environment Committee 11/2/09 - #1952226

PLANNING & ENVIRONMENT COMMITTEE

11 FEBRUARY 2009

12 MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) - MULTI UNIT HOUSING – BRUCE HIGHWAY AND ANDERSON ROAD WOREE – DIVISION 3 L Jackson : 8/8/962 : #1812680 PROPOSAL: MULTI UNIT HOUSING APPLICANT: KENFROST PTY LTD C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870 LOCATION OF SITE: BRUCE HIGHWAY AND ANDERSON ROAD WOREE

PROPERTY: LOT 4 ON SP167907 PLANNING DISTRICT: PORTSMITH WOREE INDUSTRIAL PLANNING AREA: RESIDENTIAL 1 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: DEPARTMENT OF NATURAL RESOURCES & WATER

DEPARTMENT OF MAIN ROADS ENVIRONMENTAL PROTECTION AGENCY QUEENSLAND TRANSPORT NUMBER OF SUBMITTERS: ONE STATUTORY ASSESSMENT DEADLINE: 11 FEBRUARY 2009 APPLICATION DATE: 25/02/2008 DIVISION: 3 APPENDIX: 1. SUBMITTED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

242


LOCALITY PLAN

RECOMMENDATION: That Council grants a Preliminary Approval for the development application for Multi Unit Housing (including Managers Residence and Shop) over land described as Lot 4 SP167907, located at the Bruce Highway and Anderson Road Woree subject to the following: Amendment to Design 1. The proposed development must be redesigned to accommodate the

following changes:

Subject Site

243


a. All buildings fronting the proposed service road are to be reduced in

height to two storeys to ensure that the visual bulk of the development from the highway is minimised. The proposed building on the north-western side of the site is to be setback a minimum of 6m from the new boundary of the site (to be altered as a result of DMR conditions) and is to have a height of not more than two storeys fronting the proposed service road which can be stepped up to three storeys 20m from the building elevation to the proposed service road.

b. The road widening, road reserve width and mounding/fencing required

by the Department of Main Roads Concurrence Agency Conditions. These conditions may necessitate an internal re-arrangement of parking spaces, access and the location of building envelopes to ensure compliance with CairnsPlan.

CONCURRENCE AGENCY CONDITIONS & REQUIRMENTS

Concurrence Agency

Concurrence Agency Reference

Date Council Electronic Reference

Department of Main Roads

214/10P/102(3364.01) 16 Sept 2008 1833724

Queensland Transport

CRN – 143 (S015CAI) 2 May 2008 1702614

Department of Natural Resources

and Water

IC0308CNS0012 7 May 2008 1833724

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). EXECUTIVE SUMMARY: Council is in receipt of an application seeking permission to demolish the existing residence on site and to construct a three storey Multi Unit Housing Development containing 205 units over a semi - basement parking area at Lot 4 on SP167907 located at the Bruce Highway, Woree. The site is located in a Residential 1 Planning Area and Multi Unit Housing is Impact Assessable (Inconsistent use). The site is located on the eastern side of the Bruce Highway and is an isolated portion of land surrounded by the highway, railway and the Cairns Golf Course.

244


The proposal was publicly notified and received one submission raising issues including traffic impacts and excessive density. The proposal was referred to several referral agencies. The Department of Main Roads has required the construction of access to the site via a service road adjacent to the railway line and accessing Anderson Road. Conditions have also been imposed regarding noise treatments to the buildings and the site to minimise impacts. Assessment of the application reveals that the proposal is excessive and will appear bulky from the Bruce Highway and the proposed service road. The proposal should be refined to a part two storey/part three storey development with the two storey component fronting the service road and the three storey component backing onto the golf course. The proposal is otherwise consistent with the acceptable measures and performance criteria in CairnsPlan and is recommended for a Preliminary Approval to obtain an amended design reducing the scale of the proposal and accommodating the changes required by the Department of Main Roads. TOWN PLANNING CONSIDERATIONS: Site and Surrounds The site has a total area of 2.952ha and has a 253m frontage to the Bruce Highway and an 83m frontage to Anderson Road. The site is rectangular in shape, is located on the eastern side of the Bruce Highway and the northern side of Anderson Road, Woree. The site contains an abandoned dwelling and is otherwise vacant. Large fig trees are located on the site. Adjacent development to the north and east is the fairways and putting greens of the Cairns Golf Club. To the west of the site is the northern railway line and the Bruce Highway. To the south of the site, residences for aged persons are currently being constructed and to the southeast is the two storey Trinity Links resort. The area contains single freestanding dwellings further away from the site (300m +) as well as a mix of dual occupancies and multi unit housing. The Woree shops are located 600m walking distance from the site on the western side of the Bruce Highway. Proposal The proposal involves the construction of a three storey Multi Unit Housing Development over a semi-basement car park. The development contains 205 units divided into 4 x studio units, 104 x 1 br units, 87 x 2br units, 9 x 3 br units and a managers residence and shop. The proposed development is a gated community containing 8 separate building envelopes each sited over its own semi basement carpark. Several large fig trees are proposed to be kept including an extremely large tree in the middle of the site which forms the centre piece of the landscaped area. Three pools are provided with two large resort style pools and a small lap pool being provided. Adjacent to the internal ground level road is parking for residents and guests. Extensive landscaping is proposed within all setback areas, around the pools and between buildings. All units are designed to allow cross ventilation.

245


The proposed development has a population density of 169 persons per hectare, has a height of 10.6m, has a site cover of 30%, 35.38% of the site is landscaped area, the setback to the new service road varies between 10m and 20m (a 10m wide sound barrier is required and this will be required to be landscaped), 3m – 10m to the side and rear and 18m to Anderson Road. The building is articulated to all facades and contains a variety of colours, materials and design elements. The proposal has pitched roof and storage lockers are located in the basement car park. The total number of parking spaces is 323.

CairnsPlan Assessment

CairnsPlan Portsmith Woree Industrial Planning District

Code Applicability Compliance

Planning Area Residential 1 See discussion below

Land Use Material Change of Use (Impact Assessment) - Multi Unit Housing Complies

Hillslopes r NA Vegetation Conservation & Waterway Significance r NA Cultural Heritage r NA Potential or Actual Acid Sulphate Soil Material Conditioned to comply Bushfire Management r NA Flood Management r NA Height and Impact of Buildings r NA Operational Aspects of the Cairns International Airport Complies

Overlays

Demolition r NA Excavation and Filling Code Complies Infrastructure Works Code Complies Landscaping Code Complies

Parking & Access Code Does not comply. See discussion below

Reconfiguring a Lot Code r NA

General

Development Near Major Transport Corridors & Facilities Complies

Residential Planning Area Code Under the Residential 1 Planning Area Code, the Acceptable Measure for site population density is 70 persons per hectare and for height it is a maximum of 7.5m. The proposed development results in a site population density of 169 persons per hectare which exceeds the maximum by 99 persons per hectare. The proposed height is 10.6m which exceeds the acceptable measure by 3.1m. With respect to the exceedance in the Acceptable Measure for population density, the applicant has submitted the following:

• The site abuts a golf course on its eastern and northern boundaries and so can afford future occupants high levels of visual amenity,

• The proposal is considered to be a high quality development on land which is located in an already expanding area,

• The site has excellent access to a full range of facilities and transport links, • Other Multi Unit developments exist in the area surrounding the site and so the

proposal will not contravene what has already occurred in the locality,

246


• All utilities can be provided to the site, • The residential character and amenity of the surrounding residential

neighbourhoods will not be harmed by the proposal as appropriate setback distances and landscaping will be incorporated in the Scheme,

• The proposal generally adheres to all other Codes. The applicant has added that the 2025 Regional Plan encourages higher densities and the site is located close to the Southside Shopping Centre, the Mount Sheridan Shopping Centre and Stockland. Schools are located very close to the site and the design can support walking, cycling and public transport to the local facilities. The applicant notes the 512 units approved by Council at the former drive in site and the 192 apartments at the Trinity Links Resort – both which are nearby. The purpose and intent of the Residential 1 Planning Area is for detached houses on single lots, residential character and amenity of neighbourhoods is retained, the scale and density of development is consistent with surrounding development, and uses that are inconsistent uses in the Assessment Table are not established in Residential 1 Areas. The proposed development is listed in the District Assessment Table as Impact Assessable (Inconsistent Use). However, the Planning Area applying to the site is inconsistent with the Planning Areas immediately surrounding it. To the south of the site the land is in a Residential 2 Planning Area and is currently being developed for a single storey but relatively tightly packed residential village for elderly people. To the south east the land is in a Residential 3 Planning Area and the land contains a two storey Multi Unit Housing and Holiday Accommodation development over a semi-basement car park known as the Trinity Links Resort and Apartments. To the east and north the land is in a Sport and Recreation Planning Area and contains the Cairns Golf Course. The closest Residential 1 land to the site on the eastern side of the Bruce Highway is over 350m away. The Residential 1 Planning Area applying to the site is therefore inconsistent with the surrounding higher densities and is unusual given the isolated nature of the site from other Residential 1 Planning areas and its location adjacent to the Bruce Highway and the Railway Line. The proposed development would result in higher densities than surrounding developments. Despite the purpose and intent of the Planning Area stating that the land is for single detached houses on single lots, applying this intent to this particular site would be inappropriate because of its locational characteristics adjacent to the highway and nearby higher density living. The residential character and amenity of the surrounding neighbourhoods could be maintained with a modified building having two storeys fronting the service road to the Bruce Highway. The area would also be enhanced by the creation of part of the new service road which will eventually link with Jackson Drive and provide an alternative route to convey traffic onto Ray Jones Drive via Kate Street.

247


The scale and density of the proposal is consistent with the Residential 3 Planning area density allowed to the south east but is significantly higher than the Residential 2 Planning Area to the south. The three storey nature of the proposal to the service road will appear bulky and out of context with the single storey development to the south. Despite the buildings being well spaced apart, having deep setbacks to streets and being partly screened from the Bruce Highway by the sound barrier and extensive landscaping, the scale is still too excessive and should be reduced by a whole floor to the frontage of the proposed service road. The three storey scale at the rear is reasonable as this will be partly screened by the two storey component. With respect to height, the applicant submits the following with respect to the non – compliance with the acceptable measures. Taking into account the orientation and setbacks of the buildings from surrounding development, no harm will occur in terms of loss of visual amenity and light. It is accepted that the development will be visible from the Highway but it proposed to soften the built form using appropriate landscaping. The proposal will exceeds the height limit in the Residential 1 Planning areas by 3.1m. Reducing the height by 1 storey to the service road will result in a height similar to that which is already permitted in a Residential 1 Planning Area (i.e. 7.5m). Maintaining the proposed three storey height at the rear (which was originally proposed as four storeys) is appropriate as the bulk will not be particularly visible from the highway as it will be sited more than 100m from the highway and is partly screened by the proposed buildings fronting the service road. Overall, it is considered that reducing the height to the proposed Bruce Highway service road by 1 floor will result in an appropriate scale and will eliminate concerns relating to bulk. Aside from this issue the proposal is appropriate in the location given the surrounding higher densities, its isolation from less dense forms of residential housing, its location adjacent to the highway, railway and golf course and its considered design to minimise the visual impact of the proposal. Parking and Access Code The proposed development generates a demand of 359 car parking spaces under the acceptable measures of the code (i.e. based on 205 units x 1.75 spaces per unit). The proposed development provides a total of 323 parking spaces which falls short of the minimum by 36 spaces. Given the comments above, the amendments required to the design may result in closer compliance with the parking requirements. The applicant submits the following with respect to the non-compliance for car parking. Councils draft amended planning scheme which is anticipated to be gazetted shortly provides for the following minimum standards; 1.25 spaces per 1 bedroom unit, 1.5 spaces per 2 bedroom unit and 1.75 spaces for a three bedroom unit, plus a wash bay. The draft amended planning scheme provisions generate a requirement for 284 parking spaces. The proposal has 323 spaces and clearly exceeds the requirement.

248


Where an acceptable measure can not be met, a non-compliance must be considered against the performance criteria. The performance criteria for parking is that sufficient parking spaces must be provided on the site to accommodate the amount and type of traffic generated by a development. It is important to note that the proposal is for 205 units of which more than half (108 units) are either studio apartments or single bedroom apartments. It is unreasonable to apply a rate of 1.75 spaces for each of these units when there is very little chance that many of them will be used. The applicant has allocated two spaces to each two and three bedroom unit and at least one space for each 1 bedroom unit and studio apartment. Even at this rate, 23 additional parking spaces would be available for residents or visitors. It is considered that the proposal will provide an appropriate level of parking to meet the demands generated by the development. Additional to this, the amount of parking required is likely to be reduced as a result of the modifications required to the proposed buildings fronting the new service road. Traffic The Department of Main Roads (DMR) has imposed conditions relating to traffic to ensure that the intersection of the service road and Anderson Road will operate effectively and minimises potential for collisions. The DMR has also required that the applicant construct the service road fronting the site, including turning lanes, mounding/fencing and landscaping. Such works will require a wider road width than anticipated by the applicant and may necessitate design changes in terms of the internal driveway locations, parking and sighting of buildings. Council needs to be able to view this information to ensure the end result satisfies the requirements of CairnsPlan. Therefore, it will be an additional component of the preliminary approval that the amendments required by the DMR be required in a plan to be submitted to Council for assessment. Public Notification / Submissions The proposal was publicly notified and received one submission. An assessment of the submission is provided following. Access to and from the proposed development will cause major traffic problems. Officer Comment The DMR has imposed conditions to ensure that traffic will be adequately conveyed to and from the site and through the intersection at Anderson Road such that it does not generate congestions and will pose minimal threat in terms of traffic accidents. The number of units is excessive. Officer Comment This matter has been addressed in the report.

249


Referral Agencies The proposal was referred to the Department of Main Roads (DMR), Queensland Transport (QT), The Department of Natural Resources and Water (DNRW) and the Environmental Protection Agency (EPA). Responses and conditions were received from all of these groups except the EPA. Importantly, the DMR has provided conditions and designs for the new service road and the intersection of Anderson Road and the new service road which the applicant will have to construct at their own cost. The DMR has provided the plan which ensures that traffic on Anderson Road and the service road will operate effectively. The plans provided by the DMR require significant widening which is likely to impinge upon the development. An amended design is therefore required that accommodates these changes and ensures buildings, setbacks, parking, etc will be appropriate in relation to CairnsPlan requirements. HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. These will be calculated when the final amended design is received. Summary The proposed development will be appropriate subject to amendments to reduce its scale fronting the site. The proposal is designed with a variety of envelopes which are articulated and are provided with landscaped areas in between them including three pools and the retention of existing large fig trees. A noise barrier is proposed and external traffic treatments. The proposed height will need to be modified to respect the existing scale of development in the area and to reduce the visual/bulky impact from the highway. The proposal is well sited in relation to the nearby shops, parks and public transport links. It is recommended that a Preliminary Approval be endorsed to reduce the scale of the building to the service road and providing a design of the proposed changes required by the DMR. Upon completion of these matters, a development permit could be issued subject to appropriate conditions. L Jackson Planning Officer Action Officer Simon Clarke Manager Development Assessment

250


APPENDIX 1 SUBMITTED PLAN(S) & DOCUMENT(S)

251


252


253


254


255


APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

256


257


258


259


260


261


262


263


264


265


266


267


268


PLANNING & ENVIRONMENT COMMITTEE 11 FEBRUARY 2009

Documents

Transcript of PLANNING & ENVIRONMENT COMMITTEE 11 FEBRUARY 2009