Proposed Medical Centre & Shop (Pharmacy) - No.64 Aussat ...€¦ · tenancy on the ground floor is...

Ordinary Meeting of Council 09 November 2016

13.1 PROPOSED MEDICAL CENTRE & SHOP (PHARMACY) - NO.64 AUSSAT DRIVE, KIARA (DA413-16)

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr McNamara disclosed a financial interest in Item 13.1 of Part A - Proposed Medical Centre and Shop (Pharmacy) - No.64 Aussat Drive, Kiara (DA413-16).

Cr McNamara left the Chamber at 6.32pm and did not speak or otherwise participate in the decision making process.

KEY ISSUES

• The applicant seeks approval for a proposed two storey ‘Medical Centre and Shop (Pharmacy)’ that adjoins the existing Kiara Shopping Centre.

• The subject lot is zoned ‘General Commercial’ under the City’s Local Planning Scheme No.17 (LPS17), in which a ‘Medical Centre and Shop’ is a ‘P’ (permitted) use under this zone.

• The proposed two storey commercial development comprises a total of 970m² which will be divided into four tenancies. Three of those tenancies are envisaged for General Practitioners with the possibility for Physiotherapy, Pilates, Chiropractic and other non-invasive treatment professions. The fourth tenancy on the ground floor is for a proposed Pharmacy.

• In accordance with the City’s Building and Development Standards – Commercial Zones (POL-TP-125) the development has a setback variation to the north and western boundaries as well a parking shortfall of 25 car parking bays.

• The application was advertised for a period of 21 days to the surrounding adjoining properties and also included a sign on site. The City received a total of nine submissions; five having no objections with the remaining four objecting on parking, setbacks, amenity, building bulk and privacy.

• The item was presented to an Ordinary Council Meeting on the 28 September with staff recommending approval, subject to conditions including a new deed of agreement and replacing the existing fence on the western boundary.

• Council resolved unanimously to defer the consideration of this item until the next Ordinary Meeting of Council. The reason for changing the staff recommendation was to allow for tenants of the Shopping Centre, whom may not have been informed of the application, to have the opportunity to make a submission.


• As such, the City advertised the application to specific tenancies; including the Kiara Family Practice and Health Link Pharmacy for a period of 14 days. During this time two submissions were received objecting on the development.

• The basis of the objection includes the design and accessibility issues that do not adequately reflect the requirements of a Medical Practice or Pharmacy.

• City staff note that there is no requirement under POL-TP-125 which binds the applicant to have the Medical Centre on the ground floor.

It is recommended that Council grant approval for the ‘Medical Centre and Shop (Pharmacy)’ at Lot 1005 (No.64) Aussat Drive, Kiara subject to conditions.

AUTHORITY/DISCRETION

Council may resolve to approve the application (with or without conditions) or refuse the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Harden Jones Architects Owner: Lim and Lim Holdings Pty Ltd (Director: Boon Yew Lim) Zoning: LPS17 - General Commercial MRS - Urban Strategy/Policy: POL-TP-125 – Building and Development Standards –

Commercial Zones Development Scheme: Local Planning Scheme No.17 (LPS17) Existing Land Use: Vacant Lot Size: 2001m² Use Class: Medical Centre & Shop (‘P’)

DETAILS OF THE PROPOSAL

This application is for a proposed new Medical Centre and Shop (Pharmacy) located north-west of the existing Kiara Shopping Centre.

The proposed two storey commercial development comprises of 970m² and is divided into 4 tenancies. Three (3) tenancies are envisaged for General Practitioner rooms with the possibility for Physiotherapy, Pilates, Chiropractic and other non-invasive treatment professions. The fourth tenancy on the ground floor is for a proposed pharmacy. Below shows the maximum number of staff for each tenancy:

• Tenancy 1: 2 General Practitioners + support staff (1 receptionist and 1 nurse)

• Tenancy 2: 2 Pharmacists + 1 support staff




The proposal entails a total of 40 parking bays to be situated along the eastern and rear side of the building, with a one-way entry on Aussat Drive and an additional crossover to exit along the western boundary.

DESCRIPTION OF SITE

The vacant 2001m² subject lot is bound by the existing 1990 Kiara Shopping Centre to the east and south. The site fronts onto Aussat Drive and is immediately abutting 29 residential strata lots to the west.

The site is generally flat and cleared of native vegetation. The north-eastern section of the site is currently used for access to the adjacent commercial development at Lot 1004 (No.68) Aussat Drive, Kiara, as part of an informal reciprocal access agreement.

The adjoining Shopping Centre has a total of 198 car parking bays and also has an existing entry/exist on Aussat Drive, Bottlebrush Drive and Morley Drive East.

There is also an easement in the north-western corner of the subject lot to Water Corporation.

SITE HISTORY/PREVIOUS APPROVALS

At the Ordinary Meeting of Council on 9 November 2011, Council resolved to proceed with the sale of the subject lot that was zoned ‘Local Reserve – Public Purpose (Civic & Cultural)’.

Prior to the development and/or sale, the lot required a suitable zoning under LPS17 and therefore required an LPS17 amendment to rezone the land from ‘Local Reserve – Public Purpose (Civic & Cultural)’ to ‘General Commercial’.

Council preferred to develop the site for the purpose of a Medical Centre and/or commercial development. At the Ordinary Council Meeting on 9 November 2011, Council resolved unanimously to proceed with this amendment and it was advertised for a period of 42 days.

At the Ordinary Council Meeting on 4 July 2012, Council resolved that the amendment to the Scheme be adopted without modification.

On 25 June 2013, the amendment was published in the Government Gazette, approving the City of Swan Local Planning Scheme Amendment to rezone Lot 1005 (No.64) Aussat Drive, Kiara from ‘Local Reserve – Public Purpose (Civic & Cultural)’ to ‘General Commercial’.

APPLICANT'S SUBMISSION

The applicant has provided the following comments in support of the request to grant the variation to the side setback:

• The Medical Center will operate on normal business hours weekday hours and winding down by early evening.


• I would therefore submit that any shortfall in parking can be dealt with reciprocal use (of which the owner has confirmed) across both sites.

• We have all been to site at various times of the day and there doesn’t appear to be a parking problem, IE, cars are not on the Street, Verge Parked the existing parking bays are not 100% occupied all the time.

• There is no transport hub nearby therefore it is unlikely that in the foreseeable future parking will become a problem.

PUBLIC CONSULTATION

The proposed development was advertised for a period of 21 days via letters to all adjoining landowners of the proposed development site and additionally a sign notifying residents of the proposed development was erected on the subject lot for the duration of the advertising period.

A total of nine submissions were received; five having no objection, with the remaining four objecting on grounds of parking, setbacks, amenity, building bulk and privacy.

The item was presented to an Ordinary Council Meeting on the 28 September in which Council resolved unanimously to defer the consideration of this item until the next Ordinary Meeting of Council. This was to allow tenants of the Shopping Centre, whom may not have been informed of the application, to have the opportunity to make a submission.

As such, the City advertised the application to specific tenancies; including the Kiara Family Practice and Health Link Pharmacy for a period of 14 days. During this time two submissions were received objecting on the development.

A response to public submissions is discussed in the ‘Details’ section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Zoning and Permissibility of Use Class

The subject lot is zoned ‘General Commercial’ under LPS17 and a ‘Medical Centre’ and 'Shop’ are ‘P’ uses within this zone.

Objectives

The objectives of the General Commercial Zone are to – (a) encourage those uses necessary to provide convenience shopping of the lower

order outside the Strategic Regional Centre;


(b) avoid development of land for any purposes or in any manner likely to compromise development of the Strategic Regional Centre or the efficient distribution of commercial services within the district;

(c) ensure development provides a high level of visual attraction at street level, and does not unduly detract from the visual amenities of adjacent residential areas;

(d) ensure any on-site advertising is integrated with the overall site development and does not detract from the amenities of the adjacent area;

(e) promote the development of continuous commercial frontages and the integration of adjacent commercial development so as to facilitate pedestrian access to and within commercial areas;

(f) enhance the amenities of the area and the development of a more sustainable environment through the use of complementary landscaping, including shade trees and stormwater recharge facilities.

The proposal is considered to self-evidently fulfil objectives (a), (b), (d), (e) and (f) of this zone. It is a permissible land use that is a service complementary to convenience shopping, at a scale not prejudicial to other existing commercial centres and is integrated to the established shopping centre with walkway and driveway connections with street frontage landscaping. Consideration of its impact on adjoining residential properties and its conformity with the City’s development standards will be evaluated with regard to the public submissions below. Design & Accessibility The City advertised the application to specific tenancies; including the Kiara Family Practice and Health Link Pharmacy in which the concerns received from both tenants included the design of the proposal; mainly the Medical Centre being located on the second storey and subsequent accessibility issues for elderly patients and emergency services.

City staff note that there is no requirement under POL-TP-125 which binds the applicant to have the Medical Centre located on the ground floor.

Shop Area

As part of the re-advertising process, Health Link Pharmacy raised concerns regarding the size of Tenancy 2 (Shop). The plans illustrate a designated area of 130m², however, Health Link Pharmacy has suggested that a Pharmacy requires a shop area of 160m² - 200m².

City staff note that there is no requirement under POL-TP-125 which binds the applicant to a specific minimum shop area.

Parking

Four (4) objections were received from landowners external to the shopping centre contending the proposal will exacerbate parking and access difficulties within the shopping centre.


The City’s car parking standards applicable to a medical centre, as set out in POL-TP-129, are:

‘1 space per 18 square metres of GLA including pharmacies or other retail uses but excluding corridors and lobby areas, plus 1 space for each separate medical or dental office or laboratory’

As shown below, 65 vehicle parking spaces are required to be provided for this development. As the current amount of proposed bays on site is 40 there is a shortfall of 25 car parking bays.

Tenancy Calculation Number of bays required

1 As there will be x 2 GPs = x 2 offices

As there will be x 1 nurse = x 1 laboratory

3

2 This tenancy is for a Pharmacy (Shop) 0



4



4

Total Tenancy

The total proposed GLA (excluding corridors and lobbies) is 970m²

1 space per 18m² = 53.8 bays

54

TOTAL = 65 bays

As noted, the existing access on this property also straddles the adjoining lot at Kiara Shopping Centre to the east. The Kiara Shopping Centre has been in operation for 26 years, without any parking related complaints being made to the City. City staff also conducted a number of site visits during varying days and times which have shown an adequate amount of available parking bays, with at most, between 30% – 50% of the shopping centres bays are actually utilised at any one time, despite external landowners concerns regarding alleged parking difficulties. Furthermore, aerial photography (from 2007-2016) has not indicated any parking difficulties deriving from the premises.

Accordingly it is considered that existing car parking within the Shopping Centre should be sufficient to meet the parking demand anticipated by the above scheme parking standards. It is understood that the other owners are not opposed to this arrangement and it is recommended that such a requirement be imposed as a condition of any development approval.


Setbacks, building bulk and privacy

An objection was received from a landowner situated some 55m to the west of the subject lot opposed to the 4.5m setback of the development from the western side boundary on the grounds of impact from building bulk and loss of privacy. The direct abutting landowners have not objected to the proposed development setback to this boundary provided that the boundary fence is upgraded to a solid 1.8m high wall. The applicant/owner is agreeable to this and it is recommended that this requirement be imposed as a condition of any development approval. The proposed siting of the development will not adversely impact the objector located 55m away. The proposed minimum setback of the building from the front road boundary is 4.5m where the Scheme standard is 7.5m. The City notes that only one portion of the façade is set back at 4.5m and comprises of approximately 54% of the length of the total front façade. This portion of the building is east (furthest away from the adjoining residential lots). The other western portion of the façade is moderated through a set back from the primary street boundary of between 5m and 9m.

Public Art

In accordance with the City's Provision of Public Art policy (POL-LP-1.10), City staff recommend a condition requiring the owner to make a contribution to public art, either monetarily or in the form of development on the subject site. The policy aims to ensure that proposals for development in excess of $2 million construction cost will contribute toward public artworks that promote and recognise the identity of the local community.

The approximate cost of the proposed development as stated on the City of Swan Planning Application Form is $2.5 million. This construction cost requires either cash in lieu of public art to the value of $25,000 (being 1% of the cost of development) or the provision of a public art (as approved by the City) to the value of $25,000. The intention of the policy is to accept contributions towards public art or encourage landowners to develop public art on their property. As this is not always feasible, the owner is granted discretion as to which option they would prefer. Should public art be constructed on the property, a notification on title is required to advise future landowners of the need to maintain the artwork.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the proposed ‘Medical Centre and Shop (Pharmacy)’ on Lot 1005 (No.64) Aussat Drive, Kiara.

Implications: The applicant will be able to proceed with the development.

This is the recommended option.


Option 2: Council may resolve to refuse the application for a proposed ‘Medical Centre and Shop (Pharmacy)’ on Lot 1005 (No.64) Aussat Drive, Kiara for the following reason:

1. The variations to the front and side setbacks of the proposed development will have an adverse impact on the streetscape and adjoining properties.

Implications: The owner/applicant would have a right of review by the State Administrate Tribunal.

This is not the recommended option.

CONCLUSION

The applicant seeks approval for a proposed two storey ‘Medical Centre and Shop (Pharmacy)’ that adjoins the existing Kiara Shopping Centre. The subject lot is zoned ‘General Commercial’ under the City’s Local Planning Scheme No.17 (LPS17), in which a ‘Medical Centre and Shop’ is a ‘P’ (permitted) use under this zone.

The proposed two storey commercial development comprises of a total of 970m² which will be divided into four tenancies. Three of those tenancies are envisaged for General Practitioners with the possibility for Physiotherapy, Pilates, Chiropractic and other non-invasive treatment professions. The fourth tenancy on the ground floor is for a proposed Pharmacy.

In accordance with the City’s Building and Development Standards – Commercial Zones (POL-TP-125) the development has a setback variation to the north and western boundaries as well a parking shortfall of 25 car parking bays.

The application was advertised for a period of 21 days to the surrounding adjoining properties and also included a sign on site. The City received a total of 9 submissions; 5 having no objections with the remaining 4 objecting on parking, setbacks, amenity, building bulk and privacy grounds.

The item was presented to an Ordinary Council Meeting on the 28 September with staff recommending approval, subject to conditions including a new deed of agreement and replacing the existing fence on the western boundary.

Council resolved unanimously to defer the consideration of this item until the next Ordinary Meeting of Council. The reason for changing the staff recommendation was to allow for tenants of the Shopping Centre, whom may not have been informed of the application, to have the opportunity to make a submission.

As such, the City advertised the application to specific tenancies; including the Kiara Family Practice and Health Link Pharmacy for a period of 14 days. During this time two (2) submissions were received objecting on the development.


The basis of the objection includes the design and accessibility issues that do not adequately reflect the requirements of a Medical Practice or Pharmacy. City staff note that there is no requirement under POL-TP-125 which binds the applicant to have the Medical Centre on the ground floor.

It is recommended that Council grant approval for the ‘Medical Centre and Shop (Pharmacy)’ at Lot 1005 (No.64) Aussat Drive, Kiara subject to conditions.

ATTACHMENTS

Locality Plan

Site Plan

Ground Floor Plan

First Floor Plan

Elevation Plan

STRATEGIC IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed ‘Medical Centre and Shop (Pharmacy)’ on Lot 1005 (No.64) Aussat Drive, Kiara, amended plans stamped date received 29 June 2016 and subject to the following conditions:

1. The landowner/applicant must enter into a deed of agreement with the City of Swan (at the applicant’s cost) to provide a reciprocal rights of vehicular access with the subject lot 1005 (No.64) Aussat Drive and adjoining lots 1001 – 1004 Aussat Drive, Kiara. The agreement must be executed by the applicant prior the issue of a Building Permit.

2. The applicant/owner shall construct a minimum 1.8m high solid wall along the entire western boundary of the subject lot to the satisfaction of the City of Swan.

3. This approval is for a maximum of three (3) Medical Offices in each tenancy.

4. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

5. A total of 40 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

6. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

a) To pay to the City the sum of ($25,000) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

b) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($25,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval.

If the election is Option 2:

a) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

b) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;


c) the Public Art approved must be maintained during the continuation of the development; and

d) prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

7. Hardstand pavement is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.

8. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

9. All crossovers must be built and maintained in accordance with the City’s specifications.

10. Earthworks, footings and/or structures are not to extend over any lot boundaries.

11. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of City.

12. No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.

13. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.

14. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

15. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

16. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

17. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all those who made a submission of Council’s decision accordingly.


MOTION that the Council resolve to adopt the staff recommendation.

(Cr Färdig - Cr Haynes)

RESOLVED UNANIMOUSLY TO:

1) Grant approval for the proposed ‘Medical Centre and Shop (Pharmacy)’ on Lot 1005 (No.64) Aussat Drive, Kiara, amended plans stamped date received 29 June 2016 and subject to the following conditions:

1. The landowner/applicant must enter into a deed of agreement with the City of Swan (at the applicant’s cost) to provide a reciprocal rights of vehicular access with the subject lot 1005 (No.64) Aussat Drive and adjoining lots 1001 – 1004 Aussat Drive, Kiara. The agreement must be executed by the applicant prior the issue of a Building Permit.

2. The applicant/owner shall construct a minimum 1.8m high solid wall along the entire western boundary of the subject lot to the satisfaction of the City of Swan.

3. This approval is for a maximum of three (3) Medical Offices in each tenancy.

4. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

5. A total of 40 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

6. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

a) To pay to the City the sum of ($25,000) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

b) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($25,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval.

If the election is Option 2:

a) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;


b) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

c) the Public Art approved must be maintained during the continuation of the development; and

d) prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

7. Hardstand pavement is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.

8. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

9. All crossovers must be built and maintained in accordance with the City’s specifications.

10. Earthworks, footings and/or structures are not to extend over any lot boundaries.

11. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of City.

12. No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.

13. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.

14. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

15. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

16. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

17. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES Standard advice notes apply.


2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all those who made a submission of Council’s decision accordingly.

Cr McNamara entered the Chamber at 6.33pm.

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