live-#1874692-v1-agenda - planning & environment committee

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Agenda – Planning & Environment Committee 13/11/08 - #1874692

PLANNING & ENVIRONMENT COMMITTEE

13 NOVEMBER 2008

18 MATERIAL CHANGE OF USE (CODE ASSESSMENT) MULTI-UNIT HOUSING (12 UNITS) – 68 ISHMAEL ROAD EARLVILLE – DIVISION 4 G Warner 8/7/1238 #1741310 PROPOSAL: MULTI-UNIT HOUSING (12 UNITS) APPLICANT: KENFROST PTY LTD C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870 LOCATION: 68 ISHMAEL ROAD EARLVILLE 4870 PROPERTY: LOT 1 ON SP151797 PLANNING DISTRICT: INNER SUBURBS PLANNING AREA: RESIDENTIAL 3 PLANNING SCHEME: CAIRNSPLAN 2005 REFERRAL AGENCIES: NIL NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT DEADLINE: 24/11/2008 DIVISION: 4 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. DEVELOPER CONTRIBUTION CALCULATIONS 3. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council approves the above development application for a Material Change of Use – Multi Unit Housing over land described as Lot 1 on SP151797 located at 68 Ishmael Road Earlville, subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Ground Floor Plan DMH Projects Plan – WD-01 Rev 1 17-06-2008 First Floor Plan DMH Projects Plan – WD-02 Rev 1 17-06-2008 Second Floor Plan DMH Projects Plan – WD-03 Rev 1 17-06-2008 Roof Plan DMH Projects Plan – WD-04` Rev 1 17-06-2008 Sections DMH Projects Plan – WD-05 Rev 1 17-06-2008 Elevations DMH Projects Plan – WD-06 Rev 1 17-06-2008 Landscape Concept Plan S Quigg Plan 82507 L01- v1 18-06-2008 ASSESSMENT MANAGER CONDITIONS 1. The applicant/owner must at all times during development of the subject

land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

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a. The plans, specifications, facts and circumstances as set out in the

application submitted to Council; b. To ensure that the development complies in all respects with the

following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

Except where modified by these conditions of approval. Timing of Effect 2. The conditions of the Development Permit must be effected prior to the

commencement of the use, except where specified otherwise in these conditions of approval.

Amendment to Design 3. The proposed building/development must be redesigned to accommodate

the following changes: a. Make provision for sufficient manouvering area for vehicles to enter

and depart the visitor parking area in front of the development in a forward direction.

Details of the above amendments must be indicated on plans submitted at the time of a development application for a Development Permit for Building Work and endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Water Supply and Wastewater Contributions 4. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $19,459.91 (4.3 ERAs) for water, and $20,126.73 (5.80 EDCs) for wastewater.

Payment is required prior to the Commencement of Use or the approval and

dating of the Building Format Plan, whichever occurs first. Community Purpose Infrastructure Contributions 5. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

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The contributions must be paid at the rates applicable at the time of

payment. On the present method of calculation, the estimated total contributions are $19,900.00 (25 EPs) for Community Purpose Infrastructure.


dating of the Building Format Plan, whichever occurs first. Stormwater Quality 6. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.

The contributions must be paid at the rates applicable at the time of

payment. On the present method of calculation, the estimated total contributions are $1,006.01 for Stormwater Quality.


dating of the Building Format Plan, whichever occurs first. Road Network Contributions 7. The applicant/owner must contribute in accordance with Council’s Trunk

Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $40,895.73 (7.50 ERA).

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

Public Art Contribution 8. Pay a monetary contribution to Council in accordance with Council’s

General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates (and number of units) applicable at

time of payment. On the present method of calculation, estimated total contributions are $1,800.00.

Payment is required prior to Commencement of Use or approval and dating

of the Building Format Plan, whichever occurs first.

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Parking 9. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of 22 (21 spaces. + car wash). 10. The parking layout and manoeuvring areas must comply with Australian

Standard AS2890.1 2004 Parking Facilities - off street car parking, in particular, but not limited to:

a. Parking spaces adjacent columns and walls must have a minimum

unobstructed clear width as determined by AS2890.1; b. Where pedestrian access is located between a parking space and an

obstruction, a minimum clear trafficable width of three (3) metres must be provided;

c. Provision of wheel stops where parking areas face buildings;

d. The driveway serving the parking area must include a physical means of speed control at the exit point;

e. Ability for all parked vehicles to leave the site in a forward direction.

Plans showing compliance with the above matters must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Construction 11. The parking must be constructed in accordance with the FNQROC

Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

Parking Signage 12. The applicant/owner must erect a signs to the satisfaction of the Chief

Executive Officer, advising of the location of the off-street visitor parking area and access thereto. Details of the signs must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. The signs must be erected prior to the Commencement of Use.

Vehicle Wash Bay 13. A vehicle wash bay must be provided. It must be roofed and bunded and

wastewater must be discharged through a 550 litre triple interceptor to sewer or as agreed to by the Chief Executive Officer.

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Protection of Landscaped Areas From Parking 14. Landscaped areas adjoining the parking area must be protected by a 150mm

high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Bicycle Parking 15. The applicant/owner must ensure the provision of secured, on-site bicycle

parking in accordance with Table 10-1 of AUSTROADS Guide to Traffic Engineering Practice Part 14 - Bicycles. Based on the provisions in Table 10-1 (page 133) the minimum number of parking spaces required for this development is 6 spaces. The bicycle parking area must be constructed prior to Commencement of Use.

Landscaping Plan 16. The applicant/owner must landscape the subject land and street frontage in

accordance with the FNQROC Development Manual and generally in accordance with the draft Landscape plan 82507 L01 Issue 1 prepared by Suzan Quigg. The final landscape plan must be submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

a. Retention of as many existing trees as possible following a formal on

site assessment of the health of the existing trees. b. Planting of the Ishmael Road verge with trees, using appropriate

species with regard to any site and view line constraints. c. Landscaping of the setback areas, as generally as indicated on Plan

82507 L01 Issue 1 .

d. Landscaping and screening in courtyard areas. e. Provision for any adjustments for infrastructure required for

underground and overland stormwater flows. f. Dense screen planting adjoining land in Residential 3 Planning Areas. g. Details of fencing on all boundaries. h. Inclusion of all requirements as detailed in other relevant conditions

included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

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Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

submitted to and endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Areas to be landscaped must be established prior to the commencement of the use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Water Saving 17. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Crime Prevention through Environmental Design 18. The applicant/owner must ensure that all lighting and landscaping

requirements complies with Council’s General Policy - Crime Prevention Through Environmental Design (CPTED).

Details of Development Signage 19. Details of any permanent signage proposed in association with the

development must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular, the development must provide clear and legible signage incorporating the street number.

Screen Fence 20. The applicant/owner must provide a minimum 1.8m high screen fence to the

side boundaries. Where the fencing adjoins proposed pool areas and car parking areas( located closer than 2m to the boundary) within the subject development the fencing shall be double boarded to minimise the transmission of noise from these sources. The required fencing must be consistent in terms of design and materials with other similar fences in the locality. Details of the screen fencing must be submitted as part of the Landscape plan and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Combined Height of Fencing/ Retaining Walls 21. The combined height of any retaining wall and fence must not exceed 2.5

metres in height without written agreement of neighbouring property owners. Any alternative written agreements with neighbouring property owners must be provided to and endorsed by the Chief Executive Officer in association with Council’s assessment of the Landscaping Plan.

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Street Fencing 22. Any proposed fences and/or walls to any road frontage are to be limited to the following: a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent. Details of the street fencing must be detailed in the Landscape Plan and be

endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

External Works 23. The applicant/owner must at its own cost undertake the following works

external to the subject land: a. Carry out traffic control works as shown on CMG Plan 23771-C1-AMDT

C including line marking and signage;

b. Provision of a modified Commercial / Industrial concrete crossover and apron as shown on CMG Plan 23771-C1-AMDT C;

c. Fully replace the kerb and redundant crossovers on the Ishmael Street

frontage with new kerb; d. Provide Street lighting at the frontage of the subject site consistent

with the existing light pole located on the frontage; e. Widen the existing footpath to 2.0m on the subject frontage where it is

currently less than 2.0m wide.

The external works outlined above require a Local Law 22 approval. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be submitted to Council and endorsed by the Chief Executive Officer prior to the commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

Water Supply and Sewerage Works External 24. Undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:-

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a. Extend the 100 mm diameter water main from the intersection of Telford

Street and Ishmael Road to the southern boundary of the site such that the site can be provided with a standard water service connection to the lot frontage.

The external works outlined above require approval from Council in

accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to approval and dating of the Building Format Plan.

Water Supply and Sewerage Works Internal 25. Undertake the following water supply and sewerage works internal to the

subject land:- a. The development must be serviced by a single internal water and

sewerage connection made clear of any buildings or structures. b. Water supply sub-metering must be designed and installed in

accordance with The Plumbing and Drainage Act 2002 and the Water Act 2000.

c. Relocate the existing sewer or site the proposed building such that the sewer is a minimum of 1.5 metres away from the building and clear of the zone of influence from the footings and foundations of any building/structure.

All the above works must be designed and constructed in accordance with

the FNQROC Development Manual. The plan of works must be approved by the Chief Executive Officer prior to

the issue of a Development Permit for Building Work. All works must be carried out in accordance with the approved plans, to the

requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Damage to Infrastructure 26. In the event that any part of Council’s existing sewer/water infrastructure is

damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

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Water Saving 27. All toilet devices in the development must be fitted with dual flush cisterns

and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

Refuse Storage 28. Refuse storage is required to service the site in accordance with Council

requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

29. The refuse bin enclosure must be roofed and bunded and fitted with a

bucket trap. Liquid Waste Disposal 30. Trade waste discharge to sewer must meet the requirements of CRC Water

and Waste’s Trade Waste Environmental Management Plan (TWEMP). Installation Of SWM Measures 31. The soil and water management measures must be installed/implemented

prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Above Ground Transformer Cubicles/ Electrical Sub-Stations 32. Above ground transformer cubicles and/or electrical sub-stations are to be

positioned so that they do not detract from the appearance of the adjoining streetscape. This will require cubicles/sub-stations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical sub-station positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

External Lighting 33. All external lighting installed upon the premises including car parking areas

must be certified by Ergon Energy (or such other suitably qualified person). The lighting must conform with Planning Scheme requirements, whereby vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

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Lockable Storage 34. Provide each unit with a minimum of 2.5m2 (minimum 5m3 volume) of

lockable storage space conveniently located with respect to car accommodation.

Acid Sulfate Soils – Basement/Pool Disturbance

35. The basement/pool excavation proposed may result in disturbance of

potential acid sulfate soils (PASS). Prior to excavation an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Natural Resources and Mines, and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken on-site to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

Health 36. Noise from either air conditioning units, swimming pool filters, service

equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A - Environmental Nuisance).

37. Swimming pool water quality must be maintained so that it meets the

Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines at all times.

Surface finishes 38. Any wall of the building directly accessible to the public must be painted in

graffiti-proof paint, to the satisfaction of the Chief Executive Officer. Lawful Point of Discharge 39. All stormwater from the property must be directed to a lawful point of

discharge (nominally Easement A SP151797 in the south-east corner of the site) such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer. Note the capacity of the existing stormwater pipes in the easement must be confirmed before discharge to those pipes.

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If the capacity of the existing pipes within the easement is below that

required by the subject development then such pipes shall be upgraded to the satisfaction of the Chief Executive Officer. Calculations confirming the discharge capacity of the existing stormwater infrastructure within the easement must be provided prior to issue of a Development Permit for Building Work.

Air-conditioning Screens 40. Air conditioning units located above ground level and visible from external

properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Stockpiling and Transportation of Fill Material 41. Soil used for filling or spoil from the pool excavation is not to be stockpiled

in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of the excavation.

42. Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times; or b. before 7am or after 6pm Monday to Friday; or c. before 7 am or after 1pm Saturdays; or d. on Sundays or Public Holidays.

43. Dust emissions or other air pollutants, including odours, do not extend beyond the boundary of the site. Also, a management plan for control of dust and air pollutants is to be prepared and implemented.

FURTHER ADVICE 1. This approval, granted under the provisions of the Integrated Planning Act

1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements.

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4. Headwork contribution calculations are attached as Appendix 2. Please note

that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Integrated Planning Act 1997 log on to

www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Application has been made for a low scale Multi Unit Housing development (12 units) to be constructed in two levels on top of a ground level garage on a vacant 1567m² site on Ishmael Road. The site is located opposite the rear entrance/exit to the Earlville Shopping centre. The proposed three storey development offers private open space to each unit in the form of balconies. The units are oriented in a way which offers good privacy and access to light and air. The proposal is surrounded by two existing Retirement Villages but is well set back from those facilities. The access and parking requirements require special attention given the location of the site. Approval is recommended subject to a number of conditions PLANNING CONSIDERATIONS: Proposal The proposal involves the construction of a multi-unit development comprised of 12 units (10x2BR & 2 x 1BR) in a complex located at 68 Ishmael Road. The ten two bed room units are located in two levels above a ground level garage facility. The two one bed room units are located at the rear of the complex at the same level as the garaging. The site is currently vacant and grass covered with some specimen trees located on the periphery. The site is generally flat with a metre of fall over the rear part of the site. The applicants propose to level the site by constructing a retaining wall along the rear and side boundaries. The land on each side of the site is also located in the residential 3 Planning Area and contains existing single level retirement villages. While the proposal will be some two stories above adjoining development the proposed complex is well set back from adjoining boundaries (up to 10m on the south side). Parking and access are critical given the location of the proposal directly opposite the rear entrance/exit to the Earlville Shopping centre, this matter is discussed in more detail below.

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CairnsPlan Assessment

CairnsPlan Inner Suburbs Planning District

Code Applicability Compliance

Planning Area Residential 3

Land Use MATERIAL CHANGE OF USE (CODE ASSESSMENT) Multi-Unit Housing (12 Units) Yes with conditions

Hillslopes r Vegetation Conservation & Waterway Significance r Cultural Heritage r Potential or Actual Acid Sulphate Soil Material Yes with conditions Bushfire Management r Flood Management r Height and Impact of Buildings r Operational Aspects of the Cairns International Airport r

Overlays

Demolition r Excavation and Filling Code Yes with conditions Infrastructure Works Code Yes with conditions Landscaping Code Yes with conditions Parking & Access Code Yes subject to changes Reconfiguring a Lot Code r

General

Development Near Major Transport Corridors & Facilities r

Multi Unit Housing Code

Acceptable Measure Proposal Complies Population Density Maximum 400pph 380pph

Site Cover Maximum 35% 35.5% Height Maximum 13m 8.6m

Landscaped Area Minimum 35% 46% Front Setbacks Minimum 6m & 3m 6m

Continuous Roof Minimum 20m 12.5 Side/Rear Setbacks Minimum 2m – 4m 3m – 10m min

Parking Minimum 21 + wash bay

21 spaces +wash bay + two car ports

Complies but see discussion on access

Compliance Issues Access and parking The site is located directly opposite the rear exit/entry to the Earlville shopping centre. A Traffic Assessment was requested to address potential conflicts at what effectively becomes a cross road situation. (See situation plan in Appendix 3). The traffic investigation recommends the placement of traffic control devices to ensure access and egress to the site is via left in / left out movements. This involves the construction of a minim traffic island at the entrance to the complex. An engineering drawing has been prepared showing the proposed works (see Appendix 3). The traffic assessment concludes: a. The proposed left in / left out arrangement will minimise potential conflict at the access.

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b. No flared approaches are necessary. c. The low traffic volumes generated from the purposed development will not impact the major traffic flow along Ishmael Road. d. There is adequate sight distance at the location of the proposed development site. e. No adverse impacts on the existing pedestrian network are anticipated. Closer examination of the visitor parking shown at the front of the development indicated that there may not be sufficient room to manoeuvre out of these spaces and leave the site in a forward direction. A condition has been placed in the recommendation to require this matter to be addressed. Residential Amenity Developments of this nature are normally expected to have 2m of dense landscaping around their perimeter. In two places within the proposal the setback landscaping is compromised by car parking areas that encroach closer than two metres to the boundary. It is recommended that these areas of fencing be double boarded to provide some acoustic protection for adjoining owners. It is also recommend that fencing adjoining the pool area also be double boarded for similar reasons. Drainage The site drains naturally to its south –east corner. A drainage easement in gross in favour of Council is located in this corner. The easement documentation appears to provide for drainage of water flowing from lands adjoining the easement. Uncertainty about the infrastructure contained within the easement has prompted a condition that requires the applicant to determine the ability of the infrastructure to cope with flows from the subject site. Public Notification / Submissions The application did not require Public Notification HEADWORKS / CONTRIBUTIONS: The proposed development triggers Developer’s Headwork’s Contributions. Refer to Appendix 3 to view calculations. G Warner Planning Officer Action Officer Simon Clarke Manager Development Assessment

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

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APPENDIX 2 DEVELOPER CONTRIBUTION CALCULATIONS

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APPENDIX 3 SUPPORTING INFORMATION TO PLANNING REPORT

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