application for the rezoning from special residential … · 2019-01-08 · 27. conveyancer...

APPLICATION FOR THE REZONING FROM SPECIAL

RESIDENTIAL 900 TO MINOR SHOPPING FOR

REMAINDER OF PORTION 2 OF ERF 970 SEA VIEW,

SITUATED AT 204 WOOD ROAD, MONTCLAIR

APPLICATION IS HEREBY MADE:

IN TERMS OF CHAPTER 5 OF ACT 16 OF 2013: SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013

APPLICATION FOR THE REZONING FROM SPECIAL

RESIDENTIAL 900 TO MINOR SHOPPING FOR

REMAINDER OF PORTION 2 OF ERF 970 SEA VIEW,

SITUATED AT 204 WOOD ROAD, MONTCLAIR

SUBMITTED TO: ETHEKWINI MUNICIPALITY

CENTRAL OPERATIONAL ENTITY DEVELOPMENT AND PLANNING UNIT

REZONING DIVISION

APPLICANTS DETAILS:

RAVI NAIDOO 20 BOTANIC GARDENS GROVE

BEREA 4001

TEL: 031 201 0759

AGENTS DETAILS: RCR COLLABORATIVE DEVELOPMENT PLANNERS

SUITE 304, RIDGE 5 41 RICHEFOND CIRCLE

UMHLANGA 4319

031 566 3935

OCTOBER 2016

TABLE OF CONTENTS EXECUTIVE SUMMARY Page 1

1. INTRODUCTION Page 2

1.1 Purpose of Report………………………………………………………............................................... Page 2 1.2 Background……………………………………………………..………............................................... Page 2 1.3 Structure of the Report……………………………………………………………………………………

2. THE SITE LOCALITY Page 4

3. THE SITE Page 5

3.1 Cadastral Description………………………………………..………….... ………………………….... Page 5 3.2 Ownership and Extent…………………………………….…………….... ………………………….... Page 5 3.3 Existing Zoning ………………………………………………..……….............................................. Page 6 3.4 Existing Land Use / Site Context…………….………………......................................................... Page 7 3.5 Site Photos.................................................................................................................................. Page 8

4. PLANNING DESIGN PRINCIPLES AND APPROACHES Page 10

5. THE PROPOSAL Page 11

5.1 Zoning Proposal………………………………………………………............................................... Page 11 5.2 Generalized Impression of Future Uses………………………………... …………………………… Page 11 5.3 Accessibility…………………………………….………………......................................................... Page 13 5.4 Environmental Considerations……………….………………......................................................... Page 14 5.5 Traffic Considerations………………………………………………………………………………....... Page 14 5.6 Engineering Considerations…………………………………………………………………………… Page 14

6. THE MOTIVATION FOR ZONING Page 14

6.1 Overview ……………………………………………………..…………............................................. Page 14 6.2 To Consider Context………. …………………..…………….......................................................... Page 15 6.3 Need and Desirability…………………………………….…………………………………………….. Page 15

7. CONCLUSION Page 22

LIST OF ANNEXURES: ANNEXURE A: APPLICATION FORMS, OWNERS CONSENT & OTHER DOCS ANNEXURE B: TITLE DEED AND SG DIAGRAM ANNEXURE C: EXISTING ZONING CONTROLS ANNEXURE D: PROPOSED ZONING CONTROLS ANNEXURE E: TRAFFIC IMPACT ASSESSMENT

REZONING

EThekwini municipality central operational entity

REZONING FROM SPECIAL RESIDENTIAL 900 TO MINOR SHOPPING - REM OF PTN 2 ERF 970 SEA VIEW

SPLUMA CHECKLIST

Yes No Not Applicable

1. Land Owners Consent X

2. A locality plan of the township X

3. A layout plan identifying the boundaries of the proposed development and the physical and natural characteristics of the site/property (including landforms, appropriate contours and floodline where applicable)

X

4. Planning Report explaining the concept and planning rationale X

5. 23 Copies of Planning Report and Layout Plans X

6. 1 Electronic copy of the sector reports and plans X

7. Surveyor – General Diagram X

8. Form of densification X

9. Copy of Title Deeds X

10. Typical House Plan/Design X

11. Copies of Planning Report and Layout Plans X

12. Conditions of Establishment X

13. Land Use Controls X

14. A copy of the mortgage bond(s) relating to the land X

15. The owners or applicants power of attorney, if applicable X

16. A certified copy of the applicants board, council or company resolution, if applicable

X

17. A copy of the mortgage’s consent, if applicable X

18. Community & Social Facility Assessment, including surrounding capacity assessment.

X

19. Proof of Funding X

20. Zoning Certificates X

21. Compliance with Parking Requirements X

22. Deed of Servitude X

23. Floodline Certificate X

24. 100 floodline (if applicable) X

25. Wetland Delineation (if applicable) X

26. Mineral Rights approval X

27. Conveyancer Certificate X

28. Land Legal Report including Restrictive Conditions of Title to be removed

X

29. A copy of a geotechnical report X

30 Comments from Services Providers X

31.. Service Level Agreement (if applicable) X

32. Community Participation X

33. Allocation of land X

34. Copy of Environmental Authorisation or ROD (if applicable) X

35. Land Claims Clearance, Land Claims Commission letter X

36. DOT / SANRAL Approval (if applicable) X

37. Traffic Impact Assessment/ Traffic Study (if applicable) X

38. Approval from Department of Education X

39. Approval from Spoornet/PRASA (if applicable) X

40. Clearance from Dept. Of Agriculture (Release of land ito Act 70 of 70) X

41. Water Use Licence Authorisation (if applicable) X

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EXECUTIVE SUMMARY This report provides motivation and background to enable the rezoning of Remainder of Portion 2 Erf 970 of the Farm Sea View from Special Residential 900 to Minor Shopping. The site is located at 204 Wood Road. The site is characterised by two residential structures. The site is located at the corner of Wood Road, the latter forming the southern boundary of the site and Montclair Road forming the eastern boundary. The purpose of the application is to motivate for the rezoning of the entire site to Minor Shopping to accommodate a Chicken Licken Fast Food Drive Thru outlet. The applicant site is located in an area that is replete with commercial, medical and residential land uses. Among the commercial activities in the area, the Montclair Mall forms the largest entity and has - amongst other things - shops, restaurants, fast food outlets and clothing stores. It is evident that the area is a mixed use node where different but congruent land uses exist in close proximity to each other. The proposed development will anchor the Wood Road - Montclair Road intersection and celebrate it by enhancing the area as a mixed use node. Opposite the proposed development, situated at 186 Wood Road, is a KFC Fast Food outlet which establishes a precedent for the proposed development. It is envisaged that the proposed development will be a drive-thru and will also have seating areas for eating. The motivation for the rezoning is underpinned by several themes. The overarching and motivating factor is that the rezoning would allow for development which is consistent with its context and that does not impinge on the rights and privileges of the adjoining sites. The rezoning also promotes the Montclair area as an area that can congruently accommodate residential and commercial land uses without interference. The proposed development will further enhance the area in which it finds itself - it being located within a mixed use node and hosting a range of land uses and activities and land uses. The first pillar that underpins the motivation is that key trends at a broader level support and inform the motivation for rezoning. These are:

The demand for commercial development in a safe environment, and in an area that has the

threshold to support the proposed business venture.

The second pillar that underpins the motivation for rezoning is the potential use of the site to contribute to, and be mindful of, the local context. Key issues for consideration here include the following:

The Scale and Intensity of the Development: The proposed zone would allow for the development of a

minor shopping entity that recognises the existing scale and intensity of the surrounding developments and

land uses. The proposed development, although located close to residential areas, is minor in nature and will

not impinge upon the rights and privileges of the surrounding residential development. Furthermore,

precedent exists whereby commercial properties adjoin residential properties. The Montclair Mall finds itself

adjoining residential development and yet it does not, however, conflict with it, but rather provides

convenience to the occupants thereof.

To Consider the Impact on the Amenity: The proposed rezoning allows for the development of a minor

shopping entity that does not detract from the local amenity. The area in which the site finds itself is

transforming rapidly. This is evidenced by the conversion of residential houses into offices, medical

establishments, and commercial land uses. The proposed development, amongst its other inherent

advantages, will enhance the amenity and celebrate the intersection within which it is located.

Due to the nature of the rezoning and proposed use, no additional impact is foreseen. In addition, the development is proposed in an already established context and as such, no negative environmental impacts are envisaged.

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The proposed zone is Minor Shopping the controls of which are as follows:

Plot Area Ratio: 400m2 or a PAR 1.0 to 1,0- whichever is greater

Coverage: 200m2 or 50% whichever is greater

Min. Rear Space: 3.0m

Min. Building Line: 7.5 to all roads

Min. Side Space: 3.0

Parking Requirements: Min. of 3 bays for shops on ground floor plus 1 bay per flat on first floor

Height: 2 Storeys

Refer to Proposed Controls: Annexure D.

The existing zone is Special Residential 900 the controls of which are as follows:

Plot Area Ratio: N/A

Coverage: 40%

Min. Rear Space: 5.0m, Swimming Pool, 1.0m

Min. Building Line: 7.5m to all road frontages, Swimming Pool 1.0m

Min. Side Space: Aggregate of 5.0m - one side not less than 2.0m - Multiple Unit: 3.0m on each side, S/Pool, 1.0m. Non Res. 5.0m (see cl. 19(4)(a))

Parking Requirements: 1 bay per dwelling unit (2 bays if ancillary unit is proposed)

Height: 2 Storeys

Refer to Existing Controls: Annexure C.

1.0 INTRODUCTION

1.1 PURPOSE OF REPORT This report has been submitted to the EThekwini Municipality - Central Operational Entity - for the purpose of motivating and providing adequate background to enable the rezoning of Remainder of Portion 2 Erf 970 Sea View situated at 204 Wood Road, Montclair from Special Residential 900 to Minor Shopping. The site is located in a fully developed mixed use context and is subject to an existing Town Planning Scheme within which it is zoned Special Residential 900. The proposal therefore aims at rezoning the site in order to accommodate a Chicken Licken Fast Food Drive - Thru outlet. The proposed zone and the proposed land use will blend in well with its context in that the area is a mixed use node, hosting a range of activities. Other land uses in the area include offices, a day-care centre, medical practices, veterinarians, and residential development (in the form of freestanding and multiple storey residential flats). The site is owned by Ravi Naidoo and covers an extent of 1168m². The

envisagement for the proposed development is for a drive-thru and restaurant area. The development is proposed in an area that is abundant with commercial and office activity, each feeding off of each other in a positive manner. There exists an interconnectedness of land uses in the area which include residential. The proposed development offers an enhancement of this and does not take away from the area's overall character.

1.2 BACKGROUND

The property is located in Montclair which is approximately 10km from the Durban Central Business District. The site covers 1168m² in extent and is characterised by residential structures. The site is bounded by Wood Road, forming

the southern boundary and Montclair Road, forming the eastern boundary. The property is situated in an area that hosts a mix of land uses including residential and commercial. The residential land uses consist of single to double storey houses and high rise residential flats. Other land uses in the area include petrol filling stations and their ancillary uses, and supermarkets located in the broader context of the area. The site is situated within a mixed use node and as such, the land uses in the area share a unique interconnectedness. The formal and informal commercial activity share backward and forward linkages which can be described as channels of information, money, material,

THE SITE

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goods and services that flow between companies and their suppliers culminating in a network of economic interdependence (backward linkages). Forward Linkages are distribution chains that connect the producer or supplier with the consumer. Developments such as the proposed, being located in a mixed use node, flourish by creating economic growth and development in the area. Such nodes are necessary in that they bring with them good quality infrastructure that support the land uses and developments surrounding them. The site is currently zoned Special Residential 900 and is envisaged to be developed to accommodate a Chicken Licken Fast Food Drive - Thru outlet. The proposed use will allow the site to be utilized to its full potential. The application would allow for development that is consistent with its context, promoting commercial land uses (with their intrinsic benefits) in Montclair that will not diminish the local amenity. Development such as the one proposed will contribute positively in promoting Montclair as a commercial and residential area which will culminate in the generation of more economic and employment opportunities. The area currently houses a mix of residential and commercial developments. The aim is to accommodate sustainable community development that meets with the community's needs and aspirations as well as providing additional commercial development that will meet the demands of the local residents in the area.

1.3 STRUCTURE OF THE REPORT Following the Executive Summary, this zoning application is structured in the following manner: Section 1 presents the introduction, and provides an overview of the purpose of the report and the background to the project. Section 2 - 5 presents the site analysis, proposed zoning use, accessibility and analysis of important considerations. Section 6 presents the consideration, context, and the need and desirability motivation for the site. Section 7 provides a conclusion for the zoning application.

Above is an aerial photo depicting the site in relation to its broader context. As can be seen, the site is strategically located in terms of the road network and land uses thereof.

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Figure 1: Aerial Photo

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2.0 SITE LOCALITY – Metropolitan and Local Context

THE SITE

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THE SITE

Figure 2: Broad Locality Map

Figure 3: Site Locality Map

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SITE LOCALITY CONTINUED

The site is located at No. 204 Wood Road, Montclair, Durban. The site is afforded good access from Wood Road forming the southern boundary of the site. Ingress and egress will be from this road.

Montclair Road is a class 4 local access road and Wood Road is a class 5 access road.

The existing road structure allows for good permeability in and around the area.

The site is situated in close proximity to major bus and taxi routes within the area of Montclair. This allows for high visibility for the proposed development.

Wood Road connects to Blamey Road which further links to the M4 municipal route and the R102 provincial route. Both these roads link the north to the south and vice versa. The R102 also links Montclair to the Durban CBD and the northern suburbs of Durban North, Newlands and Phoenix.

The property is located in close proximity to other commercial land uses such as the Montclair Mall, which forms the anchor of the mixed use node within which the applicant site finds itself.

The site is located within a fully developed residential and commercial context hosting a range of development typologies.

The site is appropriately suited for the proposed additional minor shopping development as it is congruent with its surroundings, it being located in a mixed use node.

The site is adequately serviced in terms of infrastructure development; therefore the proposed development will connect to existing infrastructural services. This contributes to the efficiency and sustainability of the proposed development.

3.0 THE SITE

3.1 CADASTRAL DESCRIPTION The subject property is described as Remainder of Portion 2 Erf 970 Sea View, Montclair, Reg, Division FT, Province of KwaZulu Natal and located at No. 204 Wood Road, Montclair, Durban South.

3.2 OWNERSHIP AND EXTENT The property is owned by Ravi Naidoo held under the title deed no. T000019365 / 2016. The site covers 1168m² in

extent. (Refer to Annexure B: Title Deed and SG Diagram).

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3.3 EXISTING ZONING

The site is zoned Special Residential 900.

The Special Residential 900 zone forms the northern and western boundaries of the site.

The zones in the immediate context of the site are Duplex 900 (located across Montclair Road), Special

Zone 106 (KFC Fast Food outlet), Public Open Space, and General Shopping (Montclair Mall). Behind the

Montclair Mall the properties are zoned General Residential 2.

At a broader context, the following zones can be found: General Residential 2, Place of Worship, Special

Shopping, Special Residential 650, Educational 1, Government and Municipal, and Institutional 1.

In light of the above, it can be seen that the proposed zone blends well with the existing context. The

commercial zones in the area are indicative of the area's need for commercial activity and that municipality

supports the mix of zones and land uses within the area. The commercial land uses are not onerous and do

not encroach on the land use rights of the surrounding residential development. Therefore, the proposed

zone is suitable from a town planning perspective.

The site is situated in a unique and strategic location, being a corner.

The site is a local node and therefore it adds to the mixed use context in which it is located.

Because the site is located at the corner, it is easily accessible and visible.

The proposed development contributes toward sustainable development as it is located in an activity

corridor.

The area in which the site is located in transforming rapidly. This can be seen with the many residential land

uses and buildings being converted in the offices and commercial land uses.

The proposed development will not be "sore thumb" or a "spot zone" as the area is transforming and the

proposed use is congruent with its surroundings.

The proposed development will be landmark for the local community.

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THE SITE

Figure 4: Zoning Map

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3.4 EXISTING LAND USE / SITE CONTEXT

LEGEND

The proposed site is used for residential purposes as it is characterised by residential structures. The uses in the area are predominantly commercial and residential. Residential land uses form the northern

boundary of the site. These are in the form of freestanding houses. Abutting the site towards the west are crèche and commercial land uses.

Across the road from the site is a recreational hall and recreational space. On Wood Road west-bound, the land uses are medical in the form of veterinarian and medical doctors. On Montclair Road toward the north are office uses and more residential uses. Overall, the area hosts a mix of uses namely commercial, medical, offices and open space. It is therefore evident that the proposed development will blend in well with the surrounding context.

Figure 5: Land Use Map

THE SITE

RESIDENTIAL

RECREATIONAL HALL

OFFICES

RECREATIONAL

MEDICAL / VETS

COMMERCIAL

CRÈCHE / DAY CARE CENTRE

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3.5 SITE PHOTOS

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The above pictures show the intersection where the proposed development is located. Much of the commercial development is located around this intersection, namely the Montclair Mall and the KFC fast food outlet.

These pictures show the Montclair Mall which is the anchoring commercial entity of the area. The proposed development is located in close proximity to the mall which is a spatial response to the commercial node. The proposed development will therefore enhance and add to the commercial setting of the area.

These are pictures of the site taken from Wood Road (left) and Montclair Road (right). It is evident that the site occupies a quality space, which benefits the proposed development and ensures good visibility as well as access.

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The above pictures show the land uses and developments located on Wood Road. The land uses consist of medical doctors, car sales, fast food establishments, veterinarians and offices. The land uses on this road are indicative of the transformation happening in the area. The area hosts a mix of land uses and developments. The proposed development therefore will blend in well with its context.

These pictures show the residential developments in the area. These residential developments are located behind the Montclair Mall. Furthermore, these properties adjoin the mall and as such, they benefit from the convenience of having a shopping mall that offers a wide range of goods and services in close proximity to their homes. The proposed development adds to this context providing a variety of use.

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4.0. PLANNING DESIGN PRINCIPLES AND APPROACHES

ESTABLISHING A DEVELOPMENT STRUCTURE, i.e. identifying basic structuring elements which provide development guidance, certainty, growth opportunities and flexibility,

FACILITATING INTEGRATION, i.e. ensuring appropriate vertical and horizontal linkage of policies, intentions and development,

CREATING GENERATIVE SYSTEMS, i.e. encouraging the establishment of development which generates additional activities, variety and growth,

PROMOTING INCREMENTALISM, i.e. acknowledging development as a continuous process and facilitating an ongoing development process,

CREATING A SENSE OF PLACE, i.e. building on the specific opportunities of each location and encouraging the creation of unique environments,

CLUSTERING DEVELOPMENT AND ESTABLISHING A CENTRE STRATEGY, i.e. discouraging development sprawl, encouraging the clustering of compatible development and establishing a hierarchy,

IDENTIFYING ACCESS ROUTES AS INVESTMENT LINES, i.e. utilizing levels of accessibility as guidance for the location of development components,

RECOGNISING NATURAL RESOURCES AS PRIMARY ASSETS, i.e. positively integrating natural elements in the creation of a human and sustainable environment,

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5.0 THE PROPOSAL

5.1 ZONING PROPOSAL

o The proposed application encompasses the rezoning of the site from Special Residential 900 to Minor

Shopping in order to accommodate a Chicken Licken Fast Food outlet with a drive-thru, seating area, and

designated parking within the curtilage of the site. Loading bays will also be accommodated within the site.

o The proposed controls include coverage of 50% (Refer to Proposed Controls: Annexure D).

o It is anticipated that a greater degree of compatibility and market relevance can be obtained through the

above rezoning.

5.2 GENERALISED IMPRESSION OF FUTURE USES The proposed use of the site is to provide commercial development in the form of a Chicken Licken Fast Food outlet. The proposed use will enhance the area within which it is situated. The site is located within a mixed use node that is surrounded by residential development. The land uses and developments in the area include the Montclair Mall which forms the anchor commercial entity, KFC Fast Food outlet, BP petrol service station, and other single residential and high rise residential development. The commercial developments in the area offer a wide range of goods and services. One of the spatial responses of the mixed use node is the informal activity thereon, in the form of vendors selling fruits, sweets and other perishable goods. The prevalence of the informal market attests to the need and demand for commercial activities in the area as seen in the picture below.

The proposed development forms part of the Central Region which accounts for 56% of the municipality's Gross Domestic Product (GDP). Much of the municipality's emphasis, in terms of planning and development, has been on densification, compaction and infill. The area in which the proposed development finds itself is indicative of the densification and compaction which is evidenced by the high rise residential buildings located near mixed use nodes, and the conversion of residential developments to offices. Such land uses being in such close proximity residential development are what the municipality envisages for the Central Region and what is emphasised in EThekwini Municipality's Densification Model. The aim of densification and compaction is for places of employment and study and places of residence to be in close proximity to each other1. The proposed development responds well to this envisagement in terms of its location. Being located in close proximity to residential areas, the proposed development will not only provide goods and services in close walking distance from residential areas, but employment as well.

1 EThekwini Municipality Density Strategy 2013

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This translates in less travel time to work and less money spent on travel costs. The economic sustainability and viability of this is indispensable as the EMA has a structurally fragmented spatial pattern.

5.2.1 ECONOMIC ASSESSMENT The proposed development is located within the Central Spatial Region of the EThekwini Municipality, as mentioned in the previous section. From an economic point of view, the Central Spatial Region accounts for 56% of the municipality's Gross Domestic Product2. The EThekwini Municipality's economic strategy examines trends in the detailed subsectors noting the comparative and competitive attributes for each. The retail / food and beverage industry forms part of the priority sectors.

The above pie chart shows the percentage that each industry contributes to the EThekwini Metro GDP. The proposed development falls under the industry of trade which is a tertiary sector industry. As can be seen, trade contributes 17% to the region's Gross Domestic Product3. Although seemingly small in number, the trade / tertiary sector accounted for 80.1% of employment in the EThekwini region in 2013. As mentioned before in the report, the proposed development is located within a mixed use node that hosts a range of commercial activity both formal and informal. The anchor commercial entity is the Montclair Mall which is a refurbished mall that hosts a range of retail stores such as clothing, food and beverages, and restaurants. Much of the commercial development surrounding the mall is a spatial response to the mall, in that it attracts a host of commercial and office land uses and developments. The commercial and office developments form a symbiotic relationship with the mall in that the mall acts a magnet for the bulk of the consumers in the area. The smaller commercial entities then feed off them providing for their lower order needs. Below is a map that depicts other retail stores and establishments within a 1km radius from the Montclair Mall. The node can be referred to as a one stop shop which caters for all of the community's needs within walking distance of each other.

2 EThekwini Municipality Central Spatial Development Plan 2013-2014 3 EThekwini Municipality Integrated Development Plan: 2015/2016

Figure 6: Chart Showing GDP contributions from various industries

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LEGEND:

Having the Montclair Mall as the heartbeat of the area - it being located relatively in the centre - attracts other smaller retail stores and gives "life and vibrancy" to the ones currently situated therein. This phenomenon is of major economic importance as it promotes economic growth in the area, generates employment and makes the Montclair area a shopping "destination". In the past, retail stores were located in the CBD, causing people to commute from residential areas located outside the CBD to do their shopping. For the most part, this has proven economically, environmentally and socially unsustainable. The decentralisation of commercial / retail stores grants consumers the convenience of meeting their shopping needs within walking and/or short distances from their places of residence. The proposed development is strategically located (being a corner site) within a mixed use node and is afforded the inherent benefits of being in close proximity to the Montclair Mall.

5.3 ACCESSIBILITY Access is an important aspect to consider with any development, as good access makes a successful business / development. The proposed development is strategically located, being located on a corner site. This not only means high visibility but easy and convenient accessibility as well. Access to the proposed development will be from Wood Road and will be full directional. The access will be 6m wide in order to accommodate 2-way traffic. Ingress and egress from the site is feasible as the area enjoys the benefits of a good road network. No improvements are required for the proposed development. (Refer to Annexure E: Traffic Impact Assessment Report).

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MONTCLAIR MALL - COMMERCIAL PRECINCT COMMERCIAL NODE

FAST FOOD / RESTAURANT

PETROL SERVICE STATION / RETAIL STORE

SUPERMARKETS

Figure 7: Map showing retail stores in Montclair

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5.4 ENVIRONMENTAL CONSIDERATIONS The applicant property is located in an already developed area. There are no rivers or streams on the site neither in the broader context. The site does not form part of D'MOSS and as such, there is no need for an environmental assessment of any sort. The site is adorned with trees and other forms of landscaping. This will enhance the aesthetic beauty of the site and make for an environmentally friendly development.

5.5 TRAFFIC CONSIDERATIONS The traffic impact assessment consists of evaluating the impacts of the proposed development and developing mitigating measures where negative impacts exist in order to meet the requirements of the relevant authorities. The traffic impact assessment is based on a worst case scenario. In this case, the worst case scenario is a Fast Food Outlet, as is the proposed development. The intersection will continue to operate under acceptable conditions during and after the construction phase. The trip generation rate for this land use as per the ‘EThekwini Transport Authority manual for Traffic Impact Assessments (October 2015)’ is 45.0 trips/100m2 and 50 trips/100m2 during the weekday AM and PM peak respectively. Parking Based on the site area of 1168m², the maximum achievable developable area for the proposed development is

450m². For a fast food outlet the parking requirements are 10 bays/100m², and therefore a total number of 48 parking

bays is required for the proposed development (Refer to Annexure E: Traffic Impact Assessment Report). Therefore it is recommended that all vehicles are to enter and leave the area in a forward gear. All driveway ramps are to have a maximum gradient of 15% with a minimum 30m vertical radius.

5.6 ENGINEERING CONSIDERATIONS As the subject site is located in a fully developed context, it enjoys the benefits of the existing infrastructural services in terms of roads, sewer, electricity and stormwater reticulation. As such, no further upgrading or provision of new engineering services is anticipated. The new development will connect into the existing infrastructure. The site is subject to a Pump Site Servitude on the south-eastern corner that covers 211m² in extent. This servitude must be

taken into consideration during the construction phase.

6.0 THE MOTIVATION FOR ZONING

6.1 OVERVIEW The proposed development is desirable from a contextual point of view for the following reasons:

The site is well located within a developed context and is easily accessible.

The proposed development utilises the site in an appropriate and sustainable manner.

The scale of the proposed development is unlikely to have a significant impact on the existing traffic network and therefore will not contribute to congestions and delays of traffic in the area. Parking will be provided within the curtilage of the site to mitigate traffic congestion.

The proposed development will not only provide a fast food / drive-thru outlet in a mixed use node, but it will also add value and improve the immediate and surrounding context. The need to rezone the site can be based on the current trend - the need for additional commercial activities that supply goods and service within a mixed use node.

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The proposed development will not have a negative impact on the neighbouring uses in that the proposed development is located within a mixed use node abutting residential development. The proposed development will blend in well with the immediate uses.

6.2 TO CONSIDER CONTEXT A key feature that underpins the motivation for rezoning is the potential use of the site to contribute to, and be mindful of, the local context. Key issues for consideration here include:

Scale and Intensity of the Development

The proposed zone allows for a greater compatibility of use in terms of acknowledging the local commercial and residential context. Therefore the Minor Shopping zone would allow for commercial activities that recognise the scale and intensity of the surrounding development.

Increasing the Amenity

The proposed rezoning allows for the development of a commercial entity in the form of a fast food outlet that would enhance the local amenity, whilst conveniently providing additional goods and services for the community. Furthermore, the environment in which the development is proposed is a mixed use node which will act as an incubator for the business.

6.3 NEED AND DESIRABILITY The main purpose of establishing need and desirability is to ensure that land use development proposals are necessary for development purposes and desirable in the public interest, resulting in sustainable land utilization which is publicly acceptable and relevant in terms of overall economic growth and development, convenience, and benefit at all levels. The central question relating to development applications of this kind is whether or not it satisfies the twin criteria of “need and desirability”. That is, whether there is a need for the proposed land use and whether it is desirable. The term “need” and “desirability” is primarily assessed from the perspective of the common or public good. That is, the primary issue is not whether the zoning proposal is in the interest of the applicant, but whether it is in the interest of the broader community. This in turn, needs to be examined from two perspectives: the degree to which the proposed zoning makes a positive input into the lives of affected people, and the degree to which their impact may impinge upon, or negatively affect, other peoples' rights. Need and desirability has always been a fundamental principle for most planning and development acts (the recent legislation being the Spatial Planning and Land Use Management Act), and is used as a yardstick to formulate and assess development proposals. Moreover, it shall apply specifically to areas which fall under local development plans, where the proposal may not accord with adopted policies or plans.

6.3.1 Need

The need for employment The EThekwini Municipality Integrated Development Framework expresses the need for more employment opportunities. Other policies include Provincial Growth and Development Strategy which promote the development Small Medium Micro Enterprises (SMME's). The development of SMME's generates larger proportions of employment which encompass skilled, semi skilled and unskilled labour. The proposed development has the potential to create employment for the local community. With the acute shortage thereof, the proposed development comes as a much needed entity.

The need for mixed use nodes The term "mixed use node" refers to concentrations of retail, dining, and goods and services that are available at a neighbourhood level and are easily accessed i.e. in short walking distance from residential areas. Mixed use nodes are advantageous to have in that they provide economic opportunities and spinoffs that result in increase income and

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a stronger tax base. The proposed development is in a mixed node where the Montclair Mall forms the anchor commercial entity. Other commercial developments exist in the area such as the aforementioned KFC Fast Food outlet and other supermarkets and stores. The close proximity of these commercial developments to each other increases the scale economies as various businesses and retail stores cluster in one locality. The advantages of this are reduced costs in travel for supplies and stock. Furthermore, scale economies such as the one in question improve the backward and forward linkages which have been described earlier on in this report. One of the many advantages of such is that the concentration of economic activity creates beneficial externalities via information spillovers and economic spinoffs. This results in a specialised labour force and infrastructure. Commercial nodes are in a better position to make innovations and add to their existing stock of knowledge, goods and services.

The need for competition When businesses and commercial entities are in close proximity to each other, they begin to compete with one another. This is good for business for the following reasons:

1. Competition makes business owners think more innovatively which is essential for the growth of the business. If there was only one business in a particular industry, that business would have complete control of the market. Then the business owners do not have to think on how to satisfy their customers more than a competitor. Thus innovative thinking does not become a necessity which makes the business inactive in thinking. But, competition necessitates innovative thinking as you cannot survive without it. Business would have to adopt new technologies or business strategies to stand out from their competition.

2. Competition makes businesses focus on the quality of their goods and services. Quality of service is a key to customer satisfaction. When there is competition, business owners would be forced to provide better quality goods and services. This will lead to more customer satisfaction which benefits in the long term.

Given the above information, the proposed development is strategically placed, being located within a commercial node. This will foster more competition, which means better goods and services for consumers. In addition, other fast food restaurants are located within the area, one of them being the KFC Fast Food outlet and other such establishments located in the Montclair Mall. In such cases, the close proximity of these fast food outlets to each other induces competition in the area affording the area the benefits mentioned above.

6.3.2 Desirability In terms of desirability, the rezoning has a number of features to its benefit. These are as follows:

1. Local Benefits

The site identified for development occupies a desirable and accessible location in Montclair. The site enjoys easy access to a number of key roads which are highly valued by residents and consumers as it means quick and convenient access the proposed development. 2. Spatial relationship to residential areas The proposed development is for commercial purposes, therefore the local residents will benefit from this development in that they have a variety of goods and services within walking distance from their residences. Surrounding residents will not have to travel long distances to access fast food restaurants. Therefore the proposed development is suited for the benefit of the local residents. 3. Accessibility The property enjoys good visibility being located at the corner of Wood Road and Montclair Road. The site is strategically located in terms of connecting to the higher order roads within the wider area. The site has easy access to provincial and national routes and is in close proximity to major facilities, service and activities.

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4. Traffic The analysis of the existing traffic volumes on the surrounding road network showed that there is little existing congestion on any of the roads including intersections that are likely to feed the proposed site. The proposed development is a commercial / retail development of low intensity and therefore will not cause traffic congestion in the area. Moreover, parking will be accommodated within the curtilage of the site, thus mitigating congestion. (Please refer to Annexure E: Traffic Impact Assessment). 5. Impact on surrounding social facilities Since this development is of low intensity, the impact on the surrounding social facilities and services will be minimal. The proposed development is a minor shopping entity which is located within a commercial node. Therefore it will blend in well with the surrounding land uses and developments.

6.3.3 Legislative Framework Alignment with SPLUMA Pre-1994 planning was designed to serve a different political idea - segregation, differentiation and privilege. This has resulted in the spatial form and settlements that we have today. Deeply entrenched, the issues of human settlement and access to land development and like opportunities have proven difficult to adjust. The Spatial Planning and Land Use Management Act (16) of 2013 emerged through the Green Paper (1999) and White Paper (2001) process to replace the Development Facilitation Act as the legislative instrument to regulate spatial planning and land use management in the country. Inherent in the legislation are principles namely: Spatial Justice, Spatial Sustainability, Efficiency, Spatial Resilience, and Good Administration. All principles contained in the act apply to all aspects of spatial planning, land development and land use management.

COMPLIANCE WITH DEVELOPMENT PRINCIPLES IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (SPLUMA) – ACT NO. 16 OF 2013

DEVELOPMENT PRINCIPLES ALIGNMENT OF THE PROPOSAL TO THE PRINCIPLES

a) The principle of spatial justice, whereby—

i. past spatial and other development imbalances must be redressed through improved access to and use of land; ii. spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded, with an emphasis on informal settlements, former homeland areas and areas characterized by widespread poverty and deprivation; iii. spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by disadvantaged communities and persons; iv. land use management systems must include all areas of a municipality and specifically include provisions that are flexible and appropriate for the

The proposed application is not inconsistent with spatial planning principles alluded herein in that; -The proposed development is situated in an area that was previously considered a "whites only" area. The proposed development is open to all races and ethnicities, thus meeting with the principle of spatial justice. The proposed development will provide commercial land uses in an already developed commercial node which will create a focal point of activity conveniently located in close proximity to residential neighbourhoods. -The proposed development will create employment opportunities from construction phase for local residents.

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management of disadvantaged areas, informal settlements and former homeland areas; v. land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and a Municipal Planning Tribunal considering an application before it, may not be impeded or restricted in the exercise of its discretion solely on the ground that the value of land or property is affected by the outcome of the application;

b) the principle of spatial sustainability, whereby spatial planning and land use management systems must—

i. promote land development that is within the fiscal,

institutional and administrative means of the Republic;

ii. ensure that special consideration is given to the protection of prime and unique agricultural land; iii. uphold consistency of land use measures in accordance with environmental management instruments; iv. promote and stimulate the effective and equitable functioning of land markets; v. consider all current and future costs to all parties for the provision of infrastructure and social services in land developments; vi. promote land development in locations that are sustainable and limit urban sprawl; and vii. result in communities that are viable;

-The proposed development does not form part of agricultural land. -The proposed development is environmentally sustainable in that it is small in scale and will therefore not encourage any form of urban sprawl within the area. Moreover, it is proposed within an urban area that is well established and developed. It is proposed on an existing footprint and is a brownfields development. -The proposed development is economically sustainable as it meets the shopping needs of consumers within short distances from their homes. This reduces the cost of travel into the CBD for shopping. Furthermore the proposed development is economically sustainable in that it is proposed in an area that well serviced in terms infrastructural services, therefore it will connect to the existing services. No upgrades will be required. -The proposed development is socially sustainable in that it provides goods and services at affordable prices and therefore being socially inclusive.

c) the principle of efficiency, whereby— i. land development optimizes the use of existing resources and infrastructure; ii. decision-making procedures are designed to minimize negative financial, social, economic or environmental impacts; and iii. development application procedures are efficient and streamlined and timeframes are adhered to by all parties;

-The site is already serviced hence the development will utilise existing infrastructure that is sewer, electricity, drainage, roads, and water.

d) the principle of spatial resilience, whereby– The proposed development is in line with the

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flexibility in spatial plans, policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks; and

policies and land use management and will not have a negative impact in sustainable livelihoods of communities. The proposed development provides economic opportunities for the local members, thus making them resilient economically.

e) the principle of good administration, whereby— i. all spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in this Act; ii. all government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks; iii. the requirements of any law relating to land development and land use are met timeously; iv. the preparation and amendment of spatial plans, policies, land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them; and v. policies, legislation and procedures must be clearly set in order to info and empower members of the public.

-The proposed development meets the Spatial Planning and Land Use Management Act as demonstrated in the report. -The public will be given an opportunity to participate and all affected members within a 100m radius from the proposed site will be notified as per the requirement of the SPLUMA ACT.

DEVELOPMENT NORMS AND STANDARDS OF THE SPATIAL PLANNING LAND USE MANAGEMENT ACT (ACT 16 OF 2013)

ALIGNMENT OF THE PROPOSAL TO THE NORMS AND STANDARDS

1. The Minister must, after consultation with organs of state in the provincial and local spheres of government, prescribe norms and standards for land use management and land development that are consistent with this Act, the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and the Intergovernmental Relations Framework Act. 2. The norms and standards must— a) reflect the national policy, national policy priorities and programmes relating to land use management and land development;

The proposed development application has considered the prescribed development norms and standards as per the Act (SPLUMA). The analysis of existing land use patterns in relation to the proposed development has been done.

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b) promote social inclusion, spatial equity, desirable settlement patterns, rural revitalization, urban regeneration and sustainable development; c) ensure that land development and land use management processes, including applications, procedures and timeframes are efficient and effective; d) include— i. a report on and an analysis of existing land use patterns; ii. a framework for desired land use patterns; iii. existing and future land use plans, programmes and projects relative to key sectors of the economy; and iv. mechanisms for identifying strategically located vacant or underutilized land and for providing access to and the use of such land; e) standardise the symbology of all maps and diagrams at an appropriate scale; f) differentiate between geographic areas, types of land use and development needs; and g) provide for the effective monitoring and evaluation of compliance with and enforcement of this Act.

Alignment with National Development Plan The National Development Plan (NDP) emphasises the need for more job creation in the country. The vision for the year 2030 is that unemployment will be reduced to 6% from the current 25.2% (as per 2013). One of the key strategies for employment creation is promoting employment in labour-absorbing industries. The plan states that”A large percentage of jobs will be created in domestic-oriented activities and in the service sectors. Some 90 percent of jobs will be created in small and expanding firms. The economy will be more enabling of business entry and expansion, with an eye to credit and market access." The vision for 2030 is that the share of small and medium businesses and firms in output will grow substantially.

Alignment with KZN Provincial Growth and Development Plan The KZN provincial government understand the need and integral role played by Small Medium and Micro-sized Enterprises. This is mentioned in Strategic Objective 1.4 of Strategic Goal No. 7. The provincial government has identified that there is a low success rate of start-up SMMEs within the province.

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The aim, therefore, of this objective is to encourage the establishment of SMMEs, especially in areas that are disadvantaged; the Canelands area being one of them. The Strategic Objective just mentioned identifies 3 interventions that will facilitate the process of SMME promotion4

Alignment with the Integrated Development Plan The EThekwini Municipality expresses the need of the tertiary sector (retail/commercial) in the region which makes up for 22% of the metro's Gross Domestic Product. Furthermore, figures show that in 2013 the tertiary sector contributed to 73% of employment generation. This is evidenced by the many retail store existing in Durban. These metro provide sustained employment in all aspects, and contribute to like economic spin-offs resulting more economic growth and development.5 In light of this, the proposed development is in line with the IDP in that it creates employment opportunities for local residents, and it stimulates economic growth and development in the area within which it finds itself.

4 KwaZulu Natal Provincial Growth and Development Strategy

5 EThekwini Municipality Integrated Development Framework: 2015-16

THE SITE

Figure 8: EThekwini Municipality Spatial Development Framework

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The above shows the EThekwini Municipality Spatial Development Framework. The area in which the site finds itself is earmarked for future densification. Densification, being in line with infill development, is important as it mitigates the unsustainable use of land. The proposed development is a brownfields / infill development as it uses land that was previously developed. The proposed development meets the requirements of the SDF in that it promotes and facilitates densification in the area by bringing commercial development close to residential development.

7.0 CONCLUSION This report has provided the background, a statement of the current situation, and motivation which support and inform the rezoning of the site being described as Remainder of Portion 2 Erf 970 Sea View.

The proposal allows for the development of a good quality minor shopping development in an established commercial and residential environment. We believe this to be in keeping with the existing context at a local level. Judging from the above key points, it can be said that the proposed development can be seen as being both a “need” and “desirable” at a local level. To conclude, it should be noted that the establishment of need and desirability in a case of this kind must be examined from a number of perspectives:

The best use of the land The issue of whether or not the proposed use represents the best use of the site in question is a central one to any development application. The “best use” of the land must be viewed from one important perspective: from the site’s locational uniqueness. The site is suited for commercial development and its location within a fully recognized and developed commercial node is a major advantage. Furthermore, its accessibility and being utilized as a support base for the immediate surrounding residents makes the positioning of the site more desirable for the intended rezoning.

Impact on traffic flows An important impact, which needs to be evaluated, therefore, is the potential effect of the project on traffic flows, and the impact of these flows on the operation of the site at a broader scale. Significantly, this evaluation needs to occur at two scales: impact on the surrounding areas and the impact on the larger sub-district. It is submitted that there will be no traffic impact on the existing road network as well as the surrounding sub-metropolitan network.

Impact on surrounding uses A development of this scale does not have the potential to affect the surrounding uses to any considerable degree, and therefore no major negative impacts are anticipated. It is clear that the proposal will not change the overall character of the area; however it will improve the character and integrity of the surrounding existing commercial node, by providing commercial development within a short walk distance from residential areas.

Environmental and Geotechnical considerations As the site does not form part of D'MOSS, no environmental scoping reports would be required. There are no geotechnical issues pertaining to the site. Concluding statements: In addition, other merits to be noted include:

The development of the site will assist in providing commercial, facilities in around the Montclair area.

The development of the site, it is argued does not impact negatively on the surrounding environment, in terms o visual and traffic impacts, but it will plan a major role in terms of enhancing the commercial node.

No conceivable interference with amenities will occur.

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Judging from the above key points, it can be seen that the rezoning can be seen as being both a “need” and “desirable” at both a local and sub-metropolitan level.

As can be seen, the proposed development proposals are both needed and desirable, and meet the requirements of the local town planning scheme and its controls and regulations, and subsequently, the Central Operational Entity is respectfully requested to approve this application.

The Undersigned as duly authorized by RCR COLLABORATIVE DEVELOPMENT PLANNERS cc, herewith confirms that RCR COLLABORATIVE DEVELOPMENT PLANNERS cc HAS APPLIED DUE DILIGENCE TO THE CONTENT OF THIS Rezoning Application and takes full responsibility for its contents.

…………………………………………

Full Name: Mr. Deepak Rampaul

…………………………………………

Checked By: Mr. Philani Cele MSACPLAN: A/217/2010 MSAPI: 12139

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ANNEXURE A

APPLICATION

FORMS,

OWNERS

CONSENT &

OTHER DOCS

REZONING



ANNEXURE B

TITLE DEED &

SG DIAGRAM

REZONING



ANNEXURE C

EXISTING

ZONING

CONTROLS

REZONING



ANNEXURE D

PROPOSED

ZONING

CONTROLS

REZONING



ANNEXURE E

TRAFFIC IMPACT

ASSESSMENT

REZONING



REZONING

ETHEKWINI MUNICIPALITY CENTRAL OPERATIONAL ENTITY

REZONING FROM SPECIAL RESIDENTIAL 900 TO MINOR SHOPPING - REM OF PORTION 2 ERF 970 SEA VIEW

PREPARED BY: RCR COLLABORATIVE DEVELOPMENT PLANNERS – SUITE 304, RIDGE 5, 41 RICHEFOND CIRCLE, UMHLANGA, 4319 - TEL: 031 566 3935

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application for the rezoning from special residential … · 2019-01-08 · 27. conveyancer...

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