ordinary meeting 7 - cairns regional council · 2017. 3. 19. · 250 agenda – ordinary meeting 22...

36
250 Agenda – Ordinary Meeting 22 March 2017 #5373368 ORDINARY MEETING 22 MARCH 2017 7 COMBINED APPLICATION SHORT-TERM ACCOMMODATION AND ADVERTISING DEVICES – 65 THE ESPLANADE CAIRNS CITY, 67-69 THE ESPLANADE CAIRNS CITY – DIVISION 5 Claire Garner | 8/30/227 ELEC | #5377555 PROPOSAL: SHORT-TERM ACCOMMODATION AND ADVERTISING DEVICES LAND OWNER: SUN PROPERTY HOLDINGS PTY LTD (TTE) APPLICANT: RED ROCK LEISURE C/-CARDNO HRP PO BOX 1619 CAIRNS QLD 4870 LOCATION OF SITE: 65 & 67-69 THE ESPLANADE, CAIRNS CITY PROPERTY: LOT 2 ON RP702098 & LOT 623 ON C1981 ZONE: PRINCIPAL CENTRE LOCAL PLAN: CITY CENTRE – PRECINCT 1 – CITY CENTRE CORE PLANNING SCHEME: CAIRNSPLAN 2016 REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: NOT RELEVANT STATUTORY ASSESSMENT DEADLINE: 31 MARCH 2017 APPLICATION DATE: 4 NOVEMBER 2017 DIVISION: 5 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. NOTICE OF INTENTION TO COMMENCE USE 3. INFRASTRUCTURE CHARGES NOTICE 4. SITE PHOTOS

Upload: others

Post on 15-Mar-2021

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

250

Agenda – Ordinary Meeting 22 March 2017 #5373368

ORDINARY MEETING

22 MARCH 20177

COMBINED APPLICATION SHORT-TERM ACCOMMODATION AND ADVERTISING DEVICES – 65 THE ESPLANADE CAIRNS CITY, 67-69 THE ESPLANADE CAIRNS CITY – DIVISION 5

Claire Garner | 8/30/227 ELEC | #5377555

PROPOSAL: SHORT-TERM ACCOMMODATION ANDADVERTISING DEVICES

LAND OWNER: SUN PROPERTY HOLDINGS PTY LTD (TTE)

APPLICANT: RED ROCK LEISUREC/-CARDNO HRPPO BOX 1619CAIRNS QLD 4870

LOCATION OF SITE: 65 & 67-69 THE ESPLANADE, CAIRNS CITY

PROPERTY: LOT 2 ON RP702098 & LOT 623 ON C1981

ZONE: PRINCIPAL CENTRE

LOCAL PLAN: CITY CENTRE – PRECINCT 1 – CITY CENTRE CORE

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: NONE

NUMBER OF SUBMITTERS: NOT RELEVANT

STATUTORY ASSESSMENTDEADLINE: 31 MARCH 2017

APPLICATION DATE: 4 NOVEMBER 2017

DIVISION: 5

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. INFRASTRUCTURE CHARGES NOTICE4. SITE PHOTOS

Page 2: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

251

Agenda – Ordinary Meeting 22 March 2017 #5373368

LOCALITY PLAN

RECOMMENDATION:

A. That Council approves the development application for Short-termaccommodation and Advertising devices over land described as Lot: 2 RP: 702098, Lot 623 on C1981, located at 65 The Esplanade, Cairns City, 67-69 The Esplanade, Cairns City, 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

Site Plan MMP Architects project: 2090, Sheet: A01, Rev: DA6

15 March 2017

Ground Floor Plan MMP Architects project: 2090, Sheet: A02, Rev: DA6

15 March 2017

Level 1 Floor Plan MMP Architects project: 2090, Sheet: A03, Rev: DA6

15 March 2017

Level 2 Floor Plan MMP Architects project: 2090, Sheet: A04, Rev: DA6

15 March 2017

Level 3 Floor Plan MMP Architects project: 2090, Sheet: A05, Rev: DA6

15 March 2017

Level 4 Floor Plan MMP Architects project: 2090, Sheet: A06, Rev: DA6

15 March 2017

Roof Plan MMP Architects project: 2090, Sheet: A07, Rev: DA6

15 March 2017

Page 3: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

252

Agenda – Ordinary Meeting 22 March 2017 #5373368

Front Elevation MMP Architects project: 2090, Sheet: A08, Rev: DA6

15 March 2017

Rear Elevation MMP Architects project: 2090, Sheet: A09, Rev: DA6

15 March 2017

Side Elevation MMP Architects project: 2090, Sheet: A010, Rev: DA6

15 March 2017

Side Elevation MMP Architects project: 2090, Sheet: A011, Rev: DA6

15 March 2017

Assessment Manager Conditions

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use3. Prior to commencement of the approved use on the site, written notice must

be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (See Appendix 2).

Water Supply and Sewerage Works External

4. Undertake a hydraulic network analysis to determine whether the development can be serviced by Council’s existing water and sewer Infrastructure or whether augmentation is required.If required, undertake the following water supply and sewerage works external to the site to connect the site to existing water supply and sewerage infrastructure:

Page 4: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

253

Agenda – Ordinary Meeting 22 March 2017 #5373368

a. Augment existing water supply infrastructure to the extent necessary such that the development does not adversely affect the water supply to adjacent properties and such that a water service connection can be provided at the lot frontage;

b. Augment existing sewers and pump station downstream of the site, to the extent required to accommodate the increased flows generated by the development.

If required, the external works outlined above require approval from Council as part of an application for Operational 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 Internal

5. 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. Fire-fighting pumped connections are to be provided with a break tank. Any proposal to pump directly from Council’s water supply mains for fire or sprinkler systems without a break tank must be supported by a hydraulic analysis undertaken by a RPEQ confirming that the main is not at risk of very low pressures (i.e. ground water intrusion and implosion) and excessive transient pressures associated with pump and valve operation (i.e. water hammer);

c. Council does not guarantee a minimum service standard for fire-fighting from Council’s water network. It is the responsibility of the property owner to design the private fire system to ensure compliance with the relevant building codes and standards and install all necessary on-site pressure boosting and storage that maybe required.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

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.

Liquid Waste Disposal

6. Trade waste discharge to sewer must meet the requirements of Cairns Water and Waste’s Trade Waste Environmental Management Plan (TWEMP).

The new communal kitchen is to be plumbed into a Grease Arrestor and Dry Basket Arrestors are to be provided in all communal kitchen sinks.

Page 5: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

254

Agenda – Ordinary Meeting 22 March 2017 #5373368

Due to their current condition, it is highly recommended that the existing Grease Arrestors be upgraded to a new 3000Litre GA and the existing Grease Arrestors decommissioned.

Detailed Hydraulic Plans must be provided accompanied by a report which demonstrates that the facility complies with the TWEMP and must be approved by Council prior to the issue of a Development Permit for Building Work. All measures for pre-treatment in accordance with the approved plans must be installed prior to Commencement of Use.

Hours of operation and use

7. The hours of use of the open deck; external covered area; and ‘Skydeck’ are limited to 8:00 am to 11:30 pm daily.

8. The lounge and associated “sky bar” on the fifth storey (Level 4) must only be made available for use by overnight guests of the on-site short-term accommodation. Persons not staying overnight at the short-term accommodation are not to be provided access to the area, other than staff.

Site Management and Design Plan

9. A Site Management and Design Plan must be prepared to manage the use conducted on the premises, and associated noise and light impacts. The Plan is to include (at a minimum):

a. the relevant environmental standards applicable to the Short Term Accommodation use, including ancillary ‘Skybar’ and external communal areas during hours of operation; and

b. detail the management and physical methods of mitigating impacts.

The Site Management Plan is to be prepared to the satisfaction of the Chief Executive Officer with all mitigation measures in place prior to the commencement of use.Landscaping Plan

10. The Applicant/owner must landscape the subject land and street frontage in accordance with a landscape plan prepared by a suitably qualified Landscape Designer or Landscape Architect endorsed by the Chief Executive Officer prior to the commencement of landscaping works. In particular, the plan must show:

a. Planting of planter boxes to the balconies for the full frontage of the building at Storeys 2 and 3 (Levels 1 and 2) with species that will:

i. cascade over the balustrades and provide continuous horizontal landscaping; and

ii. taller shrubs and/or palms that will achieve greater vertical greenery visible from the streetscape;

Page 6: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

255

Agenda – Ordinary Meeting 22 March 2017 #5373368

b. Details of the planting to the shade structures, trellis and planter boxes within the communal areas at the fifth storey (Level 4);

c. Details of the species type, size and planting medium of trees proposed to the roof;

d. The specifications for the horizontal planters the planting and the soil amendments, including but not limited to the engineering, soil medium, fertiliser and mulching, based on the suitability for each species;

e. A schedule of landscape maintenance operations and frequency. The plan must detail:

i. The maintenance requirements for each species, including the soil amendments, media, pruning, training and disposal; and

ii. The recommended frequency that maintenance must be carried out to ensure strong plant growth and development.

f. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit.

The Landscape Plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs first.

The building owner/s must maintain the vertical and horizontal planting for the life of the building as per the specifications in the Landscape Management Plan. This includes the species being replaced when they become over-mature or unhealthy.

Refuse Storage

11. Refuse bins for the Short Term Accommodation use must be stored in the existing location, as shown on the site plan MMP Architects project: 2090, Sheet: A01, Rev: DA5, dated 14 March 2017 and serviced by private contractor.

Lawful Point of Discharge

12. All stormwater from the property must be directed to a lawful point of discharge, 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.

Page 7: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

256

Agenda – Ordinary Meeting 22 March 2017 #5373368

Air-conditioning Screens

13. Any new or existing 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.

Lighting

14. Any lighting installed upon the premises must be certified by Ergon Energy (or such other suitably qualified person). The 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.

Damage to Council Infrastructure

15. In the event that any part of Council’s existing sewer, water, stormwater or road infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owner’s/builder’s cost, prior to the Commencement of Use.

Crime Prevention through Environmental Design

16. The applicant/owner must ensure that all lighting and landscaping requirements comply with Council’s General Policy Crime Prevention through Environmental Design (CPTED).

Noise

17. Noise from air conditioning units 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 1998.

Food

18. Businesses Premises used to carry on a food business must be designed and constructed in accordance with the Food Act 2006 and Food Standards Code Australia New Zealand - Food Safety Standard 3.2.3.

Page 8: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

257

Agenda – Ordinary Meeting 22 March 2017 #5373368

19. Approval to construct or alter food preparation and storage areas of a food business must be granted by the Council’s Environmental Health Unit prior to commencing the fit-out. Prior to commencing operation of a food business the proprietor must hold a current Food Licence for the premises issued under the Food Act 2006. Contact the Council’s Licencing & Approvals Unit for further information on the approval process. Prior to commencing operation of a food business, the proprietor may also be required to submit a Food Safety Program for the premises issued under the Food Act 2006.

B. That Council approves the development application for Operational Works for an Advertising Device (projecting sign) over land described as L2 on RP702098, subject to the following:

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council, including recommendations and findings confirmed within technical reports; and

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be satisfied prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Illumination

3. The Advertising Device must remain un-illuminated at all times. Similarly, external lighting must not illuminate the signs by projection.

Content

4. Advertising content must have a direct relationship with the land use on the site.

C. That the following unique notation be included on the property file:

1. It is the responsibility of the property owner to ensure compliance with firefighting codes and standards.

Page 9: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

258

Agenda – Ordinary Meeting 22 March 2017 #5373368

FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 and section 341.

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. Operation of shared facility accommodation premises is a prescribed activity under Local Law No 6 (Camping Grounds, Caravan Parks and Shared Facilities Accommodation) 2016. Please contact Council’s Licensing and Approvals Unit for further information on the approval process.

4. Signs on the subject land that are not subject of this approval must conform with the relevant provisions of Local Law No.4 (Advertising Devices) 2016 and CairnsPlan 2016 requirements, to the satisfaction of the Chief Executive Officer.

5. The development will need to comply with the relevant disability access requirements under the National Building Code of Australia.

6. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

Infrastructure Charges Notice

7. A charge levied for the supply of trunk infrastructure is payable to Council towards the provision of trunk infrastructure in accordance with the Adopted Infrastructure Charges Notice, a copy of which is attached for reference purposes only. The original Adopted Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Adopted Infrastructure Charges Notice has been calculated according to Council’s Adopted Infrastructure Charges Resolution.

Please note that this Decision Notice and the Adopted Infrastructure Charges Notice are stand-alone documents. The Sustainable Planning Act 2009 confers rights to make representations and appeal in relation to a Decision Notice and an Adopted Infrastructure Charges Notice separately.

Page 10: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

259

Agenda – Ordinary Meeting 22 March 2017 #5373368

The amount in the Adopted Infrastructure Charges Notice is subject to index adjustments and may be different at the time of payment. Please contact the Development Assessment Team at council for review of the charge amount prior to payment.

8. For information relating to the Sustainable Planning Act 2009 log on to www.diglp.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS*

In accordance with CairnsPlan the approved land use of Short-Term Accommodation is defined as*:

Premises used to provide short-term accommodation for tourists or travellers for a temporary period of time (typically not exceeding three consecutive months) and may be self-contained. The use may include a manager’s residence and office and the provision of recreation facilities for the exclusive use of visitors.

Examples include:

Motel, backpackers, cabins, serviced apartments, accommodation hotel, farm stay.

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY:

Council is in receipt of a Material Change of Use application to extend an existing building situated at 65 & 67-69 The Esplanade, to provide an additional storey of Short Term Accommodation and ancillary facilities. The existing use provides one-hundred-and-seventy-six (176) beds in forty-two (42) rooms across three storeys of accommodation in a four storey building. The proposed development would provide a total of two-hundred-and-fifty-seven (257) beds in fifty-two (52) rooms across four storeys of accommodation in a five storey building. This is an increase in capacity by eighty-one (81) beds.

The development would also involve the provision of a deck area to the front of the new floor of accommodation and ancillary ‘Skybar’ in the communal area for the exclusive service of beverages to overnight guests; internal reconfiguration of the existing three floors of accommodation; and new vertical and horizontal landscaping to the front façade.

Page 11: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

260

Agenda – Ordinary Meeting 22 March 2017 #5373368

The top storey would be restricted to access by guests staying at the hostel only and with restricted hours of operation for the rooftop space to align with Council’s Esplanade Management Policy and previous approvals in the immediately surrounding area.

The proposed use, as extended, generates a total demand for ninety (90) on-site car parking spaces which cannot be provided on-site as the existing building does not have any on-site parking provision. However, this particular type of Short Term Accommodation use and patrons typically generates a significantly lower level of trip generation by private car as stay length tends to be short and vehicle ownership low. In addition, the site is located only 200 metres from long-distance public transport, 400 metres from short-distance public transport and is in a central area of the city that allows for walkability. Further, many activities booked by guests through reception involve pick-up and drop-off by companies rather than self-drive. Officers are therefore satisfied that in this specific case, the proposed lack of on-site car parking provision is considered acceptable, particularly as the proposal is an extension of an established use.

The proposed Operational Works for an Advertising Device is a projecting sign to the Esplanade frontage of the building on the fourth storey (Level 3 in the attached plans).Conditions require that the advertising content relates to the land use of the site and is not illuminated.

Approval of both elements of the proposed development is recommended, subject to Conditions.

TOWN PLANNING CONSIDERATIONS:

Background

The 1,418m2 site consists of two lots with a total frontage of 30 metres and is situated at 65 & 67-69 The Esplanade, Cairns City. The site is improved with a four-storey building that contains a Hotel use (Rattle & Hum) at ground floor and Short Term Accommodation use (Global Backpackers) within the three storeys above, providing one-hundred-and-seventy-six (176) beds. The site has no direct vehicle access but the entire frontage is a designated ‘loading zone’ which currently facilitates deliveries; refuse collection; laundry services; and guest pick-up/drop-off.

Under CairnsPlan 2016, the site is located within the Principal Centre Zone and also Precinct 1 (City Centre Core) and Night-time Entertainment Precinct of the Cairns City Centre Local Plan.

Page 12: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

261

Agenda – Ordinary Meeting 22 March 2017 #5373368

The adjoining site to the south-east, 59-63 The Esplanade contains a three-storey building with Shop and Food & Drink Outlet uses at ground floor (including McDonalds). The two floors above are subject of Development Permit 8/7/3732, issued 16 November 2016 for a Short Term Accommodation (forty one (41) boutique hotel rooms) use incorporating a Food & Drink Outlet (restaurant) at rooftop level (with a roof over to reduce noise impacts on nearby premises).

The adjoining site to the north-west, 71-75 The Esplanade, contains Cairns Night Markets at ground floor level and Royal Harbour apartments above, within a ten storeybuilding. A communal pool and barbeque area are located towards the front of Level 2.

The adjoining site to the south-west, 42-52 Abbott Street, contains a three-storey building known as Cairns Square, which contains Shop, Office and Food & Drink Outlet uses. Development Permit 8/7/3680 was issued 7 December 2016 for a Material Change of Use for Educational Establishment, Offices and Parking Station use. This future development involves the addition of two additional floors to the building, to be a total of five storeys in height.

Proposal

The proposed development is for a Material Change of Use for an increase in scale and intensity of the existing Short Term Accommodation Use by way of an additional storey; ten rooms; and eighty-one (81) beds to provide a total of fifty-two (52) rooms and two-hundred-and-fifty-seven (257) beds.

The proposal involves internal reconfigurations to the existing three storeys of accommodation, including the installation of a new lift. The new fifth storey would also contain communal areas for the exclusive use of guests staying at the hostel consisting of a private internal ‘Skybar’ for the service of beverages, and open deck area.

The applicant proposes to incorporate vertical landscaping to the frontage of the building by way of planter boxes on the balconies; and rooftop shade structures with wire trellis to support climbing plants and vines over and around the outdoor communal area.

No changes to the existing access arrangements or loading zone within Council road reserve are proposed.

The proposed development is also for Operational Works for the installation of aprojecting sign to be fixed to the façade of the building on the fourth storey (Level 3). The sign would measure approximately 5.7 metres in wide by 1.1 metre in height and would not be illuminated. Operational Works for a projecting (above awning) sign is identified as Self Assessable development in the Principal Centre Zone but in this instance would not meet all the relevant acceptable outcomes. The development is therefore Code Assessable.

Page 13: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

262

Agenda – Ordinary Meeting 22 March 2017 #5373368

CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Compliance Comments

Zone Principal Centre Complies

The proposed Material Change of Use is to extend an existing Short Term Accommodation use. This land use is identified as a Code Assessable development in the Principal Centre and is therefore consistent with the intended outcomes sought for the zone and the hierarchy of centres within the region.

Local Plan City Centre Complies

The site is located within Precinct 1 – City Centre Core. The proposed development would be to extend an existing Short-term Accommodation that is appropriately located and consistent with the outcomes sought for the City centre. The total height of 16.1 metres would be significantly less than the maximum 46 metres in this

The development would not meet the suggested Acceptable Outcomes relating to building setbacks and podium height (AO7.1, AO7.2 and AO8.1). This is due to the fact that the existing four storeys of the building are constructed up to the front boundary, not with the upper storey setback. There is a degree of setback from side and rear boundaries at Storeys 2-4, being: 1 metre to the northern side; 4.1 metres to the southern side; and 20 metres to the rear. This creates a podium of sorts that is setback from a ground level which is built up to all boundaries. As the development is only for one additional storey on top of the existing building, it is considered that there would be no net benefit in requiring this be setback to meet the suggested acceptable outcomes. Further, as the frontage of the fifth storey would be an open-sided deck area, it is considered that this would assist with breaking up the façade and allow this top floor to visually recede from the streetscape.

The development would not met Acceptable Outcomes relating to articulation, façade treatment and street canopy height (AO13.1, AO14.2, AO15.1, AO21.1 and AO25.1). However, the proposed modifications to the building façade and the incorporation of the new deck area and vertical/horizontal landscaping will enhance the visual amenity of the existing building and contribute to providing an attractive streetscape. The street canopy height is existing and it is not reasonable to require that this be altered in this instance.

No on-site car parking is currently provided or is proposed. The existing Short-Term Accommodation use provides a courtesy-bus service from the airport for guests which utilises the loading zone immediately to the front. Guests that arrive by bus only have an approximately 200 metre walk from the long-distance bus stop next to Fogarty Park.

Page 14: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

263

Agenda – Ordinary Meeting 22 March 2017 #5373368

Land Use Short Term Accommodation

Conditioned to comply

The site cover, roof height and eave length of the proposed extension do not meet the suggested Acceptable Outcomes of the Code (AO2.1, AO5.2 and AO5.4). However, these features are somewhat dictated by the existing building established on the site.

Given that the building is already constructed with 0 metre setbacks at ground floor level (100% site cover) it is not possible to provide landscaping to boundary setbacks as suggested in AO12.1 and AO12.2. However, alternative landscaping solutions are proposed, with these to be focused on enhancing the streetscape.

The majority of the communal areas on the fifth storey would be roofed, including the entirety of the northern side and asolid wall will face the northern boundary with the Royal Harbour development. These features combined with a condition restricting the permitted the hours of use for the external communal areas of the fifth storey will aid in ensuring that the noise impacts from this use are minimised so that it does not cause a nuisance to nearby premises. The hours of use in the condition are consistent with Development Permit 8/7/3732 for the rooftop restaurant at 59-63 The Esplanade.

The solid wall to the northern edge of the communal area will also minimise overlooking of the communal area of the premises to the north. A distance of greater than 9 metres will be provided between windows to bedrooms in the northern side elevation of the fifth storey and the windows in the side of the Royal Harbour building. This is the same separation that is currently provided from existing bedroom windows in the side of the forth storey. Further, existing landscaping, generally consisting palms is established within the 2 metre side setback on the adjoining site. This landscaping will continue to provide a level of screening

Overlays

Acid sulfate soils Complies The proposed development would not involve any building works or associated earthworks at or below ground floor level.

Airport environs Complies

The site falls within the 46 metre Inner Horizontal Surface. As the addition of a fifth floor would make the maximum height of the building only 16.1 metres AHD, the development would not intrude in the Obstacle Limitation Surface.

The site is also mapped as being in Light Zone C and Wildlife Hazard 8km area. This development will not adversely affect, the operations of the Cairns International Airport, although conditions requiring appropriately-located and covered refuse storage and restriction of external lighting will be included in an approval.

Flood and inundation hazards

Complies The proposed development would not involve any building works or associated earthworks at or below ground floor level.

Transport Network Complies

The Esplanade is identified as a Collector Road on the Road Hierarchy overlay and a District Route on the Pedestrian Cycle Network overlay. The proposed development is located within an existing building. The Esplanade street frontage is fully constructed and no changes are proposed to the road network.

Page 15: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

264

Agenda – Ordinary Meeting 22 March 2017 #5373368

Development Codes

Advertising Devices Complies

The wall-mounted sign would be sited clear of all vehicular, cycling, and pedestrian areas as to not restrict or impede flow or sight lines. The sign would be fixed to the building façade and not contain moving parts.

The sign would have a maximum horizontal dimension of 5.7 metres and maximum vertical dimension of 1.1 metres.

A condition requires that that the Advertising Device is not illuminated.

Centre Design CompliesThe proposed development is appropriately located within a centre zone and the proposed modifications will contribute to providing an attractive building and improve the streetscape.

Environmental performance code

Conditioned to comply

A Short Term Accommodation use is defined as a sensitive land use and would not generate any significant impacts external to the site in terms of light, odour, noise, dust, land or water contaminants, weeds or uncontrolled stormwater run-off.

It is noted that the site is currently by wheelie bins and there is not room on the site for bulk bins to be stored or moved for collection. There is no scope to change this arrangement due to the site coverage already being established. A condition requires that refuse bins for the development be stored in the same location and serviced in the same manner as currently.

Excavation and filling Complies The proposed development would not involve any building

works or associated earthworks at or below ground floor level.

Infrastructure works

Conditioned to comply

The proposed development is located within an existing building, which is appropriately connected to the required infrastructure services.

Landscaping Conditioned to comply

The proposed development is located within and above an existing building - accordingly, there is little opportunity to provide landscaping at ground floor level. However, as identified on the plans, it is proposed to incorporate new planters to the balconies of three storeys of accommodation (Storey 2 to 4) plus shade and trellis structures to the communal area on the top level (Storey 5). The plans also indicate that two trees will be provided at roof level. A condition requires that a detailed landscaping plan is provided that meets stated objectives that generally reflect landscaping being provided in the identified areas.

Page 16: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

265

Agenda – Ordinary Meeting 22 March 2017 #5373368

Parking and access

Conditioned to comply

Table 9.4.8.3.b – Car parking requirements of the Parking and Access Code identifies that car parking for the proposed development should be provided at the following rates:

Where for non-self-contained accommodation units and on a site located within the Building height overlay or the Cairns city centre local plan as shown on the maps contained in Schedule 2:

(a) 0.25 spaces per accommodation unit;

(b) 1 space per 10 accommodation units for visitors, staff and service vehicles.

With a total of two-hundred-and –fifty-seven (257) beds, the development generates a demand for ninety (90) spaces (64.25 + 25.7) if calculated in accordance with the above requirement.

The Applicant has submitted that the particular type of Short Term Accommodation use and patrons generates a lower level of trip generation by private car as stay length tends to be short and vehicle ownership low. In addition, the site is located only 200 metres from long-distance public transport, 400 metres from short-distance public transport and is in a central area of the city that allows for walkability. Further, many activities booked by guests through reception would involve pick-up and drop-off by companies rather than self-drive

Officers are satisfied that in the particular case the proposed lack of on-site car parking provision is considered acceptable.

Vegetation management Complies The proposed development is located within an existing

building and the site does not contain any existing vegetation.

Public Notification / Submissions

Both elements of the development are Code Assessable and no public notification is required.

INFRASTRUCTURE CHARGES:

The proposed development triggers Infrastructure Charges. Refer to Appendix 3 to view calculations.

Claire GarnerPlanning OfficerAction Officer

Page 17: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

266

Agenda – Ordinary Meeting 22 March 2017 #5373368

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

Page 18: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

267

Agenda – Ordinary Meeting 22 March 2017 #5373368

APPENDIX 1: APPROVED PLAN(S) & DOCUMENT(S)External works not included in this approval

Page 19: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

268

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 20: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

269

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 21: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

270

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 22: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

271

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 23: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

272

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 24: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

273

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 25: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

274

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 26: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

275

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 27: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

276

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 28: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

277

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 29: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

278

Agenda – Ordinary Meeting 22 March 2017 #5373368

APPENDIX 2: NOTICE OF INTENTION TO COMMENCE USE

Development Permit

Sustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/30/227 ELECDate of Approval 22 March 2017Approved Use Short-term accommodation and Advertising device Location 65 & 67-69 The Esplanade, Cairns City

Property Description Lot 2 on RP702098 & Lot 623 on C1981

I/we are hereby notifying Cairns Regional Council of my/our intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all theapplicable conditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

Page 30: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

279

Agenda – Ordinary Meeting 22 March 2017 #5373368

APPENDIX 3: INFRASTRUCTURE CHARGES NOTICE

Page 31: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

280

Agenda – Ordinary Meeting 22 March 2017 #5373368

APPENDIX 4: SITE PHOTOSSite Frontage

Page 32: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

281

Agenda – Ordinary Meeting 22 March 2017 #5373368

Views from existing roof-top –will become the Fifth Storey (Level 4) accommodation and communal area

Page 33: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

282

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 34: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

283

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 35: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

284

Agenda – Ordinary Meeting 22 March 2017 #5373368

Page 36: ORDINARY MEETING 7 - Cairns Regional Council · 2017. 3. 19. · 250 agenda – ordinary meeting 22 march 2017 #5373368 ordinary meeting 22 march 2017 7 combined application short-term

285

Agenda – Ordinary Meeting 22 March 2017 #5373368

Views from Royal Harbour