PLANNING AND SUSTAINABILITY COMMITTEE 4€¦ · STREET CAIRNS CITY – DIVISION 5 Gary Warner:...

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Agenda – Planning & Sustainability Committee 13 February 2013 - #3844695

PLANNING AND SUSTAINABILITY COMMITTEE

13 FEBRUARY 2013 4

MATERIAL CHANGE OF USE (CODE ASSESSMENT) TAVERN AND INDOOR SPORT AND ENTERTAINMENT (NIGHTCLUB) – 94 LAKE STREET CAIRNS CITY – DIVISION 5 Gary Warner: 8/7/2014: #2625416 PROPOSAL: TAVERN AND INDOOR SPORT AND

ENTERTAINMENT (NIGHTCLUB) APPLICANT: D CASH C/- VICTOR G FEROS TOWN PLANNING PO BOX 1256 CAIRNS QLD 4870 LOCATION: 94 LAKE STREET CAIRNS CITY 4870 PROPERTY: LOT 3 ON RP707057 PLANNING DISTRICT: CBD NORTH CAIRNS PLANNING AREA: CITY CENTRE PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: ERGON (ADVICE AGENCY) NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 15 FEBRUARY 2013 APPLICATION DATE: 11 JUNE 2010 DIVISION: 5 APPENDIX: 1. EXECUTIVE PLAN 2. APPROVED PLAN(S) & DOCUMENT(S) 3. ADVICE AGENCY RESPONSE 4. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION: A. That Council resolves to issue a Preliminary Approval for the development

application for Material Change of Use (Code Assessment) Tavern (Beer Garden) and Indoor Sport & Entertainment (Nightclub) and existing restaurant over land described as Lot 3 on RP707057 located at 94 Lake Street, Cairns City, subject to the following requirements:

1. Amend the proposed development to resolve conflict between

pedestrians and vehicles utilising the existing access easement over the site. It may be necessary to relocate the pedestrian access points and internally re-configure the proposed development to ensure that conflict and CPTED issues do not arise; and

2. Amend the proposed development to demonstrate integration /

interconnectivity between the proposed uses; and

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3. Identify the tenure and extent of the easement on-site, particularly where it relates to the existing building over the easement. If necessary the extent of development will need to be reduced to be consistent with the terms of the easement (i.e. if no volumetric easement exists); and

4. Provide amended site and proposal plans, at an appropriate scale,

which incorporate all proposed additions and accurately reflect the existing infrastructure to be retained and modifications necessary to address the above requirements of this Preliminary Approval including Disabled Access and CPTED issues, the final plans should also definitive nett lettable areas for all uses; and

5. Provide a clear statement of the hours of operation for all uses taking

place on site including the 2 new uses and the existing Restaurant; and 6. Provide plans and elevations and surface enhancements to show how

the general appearance of the site and building will be enhanced and improved.

B. That Council resolves that the applicant be further advised that subject to

the additional requirements listed above being satisfactorily met that the following conditions are likely to apply to a subsequent Development Permit for Tavern & Indoor Sport & Entertainment:

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

TO BE ADVISED TO BE ADVISED TO BE ADVISED

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.

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Hours of Operation 3. The approved hours of operation are as follows: To be determined. Air-Conditioning Screens 4. 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.

Developer Contributions 5. Pay a monetary contribution to Council through the issuing of an AICN

in accordance with the Planning Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to issue of a Development Permit for Building

Work’ or Commencement of Use, whichever occurs first. Public Art Contribution 6. Pay a monetary contribution to Council through an AICN 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 applicable at time of payment.

On the present method of calculation, the contributions are $2,500.00.

Payment is required prior to issue of a Development Permit for Building Work’ or Commencement of Use, whichever occurs first.

Central Business District Car Parking

7. Pay a monetary contribution to Council through an AICN in accordance with the Planning Scheme Policy towards the provision of car parking infrastructure for the Cairns Central Business District.

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

payment. On the present method of calculation, the contributions are $436,167.96 (15 space short fall).

Payment is required prior to issue of a Development Permit for Building

Work’ or Commencement of Use, whichever occurs first.

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Damage to Infrastructure 8. 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 & Waste immediately of the affected infrastructure and have it repaired or replaced by Cairns Water & Waste, at the developer’s cost, prior to the Commencement of Use.

Lawful Point of Discharge

9. 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.

Refuse Storage

10. Refuse storage is required to service the site in accordance with Council requirements and must include provision for bulk bins. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from the Water & Waste Division of Council.

11. Refuse bin enclosures must be roofed and bunded and fitted with a

bucket trap.

Details of Development Signage

12. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

Advertising Signage

13. Signs on the subject land must conform with Council's Local Law No 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Crime Prevention through Environmental Design 14. All lighting, pedestrian access and landscaping requirements are to

comply with Council’s General Policy Crime Prevention through Environmental Design (CPTED).

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Health Requirements

15. Premises intended to be used for the storage, preparation, handling, packing and/or service of food must comply with the requirements of the Food Act 2006 and the Food Standards Code.

16. Prior to construction or alteration of any premises used for storage,

preparation, handling, packing and/or service of food, application for such must be made with Council’s Public Health Unit.

17. An application for the construction or alteration of any food premises

must be accompanied by two (2) copies of plans drawn to a scale not smaller than 1:100. Such plans are to include details of ventilation (including mechanical exhaust ventilation systems), finishes to walls, floors and ceilings, details of the proposed layout and materials to be used in the construction of all fixtures, fittings and equipment. The plans should include detailed cross sections of all areas to be included in the construction or alteration. All works must be carried out in accordance with the requirements of the Food Act 2006, Food Safety Standards and AS 4674 – 2004 – Design, construction and fit-out of food premises.

18. Prior to operation of the food business, the operator must hold a

current Food Licence issued by Council’s Public Health Unit under the Food Act 2006. Every licensed food business is required to have a Food Safety Supervisor who has met specified competencies and is reasonably available at all times the business is operating. Contact the Council’s Public Health Unit for further information.

19. Noise from air-conditioning units, swimming and spa 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 2008.

Management Plan 20. The use of the proposed tavern and night club shall be conducted in

accordance with a Management Plan which is to be submitted to the Council and endorsed by the Chief Executive Officer Prior to Commencement of Use. The Management Plan should address matters including, but not limited to, door management, floor management, security, safety for workers and patrons, presentation and maintenance of the premises, disabled access, responsible service of alcohol, alcohol and drug management, waste disposal, emergency procedures in case of fire or other disaster, and management of anti-social behavior.

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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 341 of the Sustainable Planning Act 2009.

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. 4. For information relating to the Sustainable Planning Act 2009 log on to

www.dsdip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Council is in receipt of a development application seeking a development permit for the establishment of a Tavern and Night Club at 94 Lake Street, Cairns. The proposed changes of use intended for the site are to alter the use of an existing building comprising a Restaurant and a vacant Office to a Tavern and Night Club. The proposal is to retain the Restaurant on the ground floor known as Bull Bar and Grill, to make lawful a Beer Garden that has been established to the rear of the site where three (3) parking spaces were previously located and establish a Night Club use on the first floor. The building is located within the City Centre Planning Area and the proposal is code assessable development. The main planning issues associated with the application relate to non compliance with the provision of car parking for the site. This type of proposal is typical of the inner city where older buildings are retro fitted to reflect changing land uses within the CBD. Many of these older buildings were constructed prior to the introduction of of parking requirements in planning schemes. The use itself is appropriate given its location within the centre of Cairns and its compatibility with other uses in what is the entertainment precinct of Cairns. With respect to parking, the site previously contained three (3) spaces located at the rear of the site; these spaces were unlawfully removed to provide a beer garden area. There is a significant short fall in car parking based on current car parking rates. The proposal is recommended for “Preliminary Approval” to enable the applicants to consolidate their plans and resolve officers concerns before a full Development Permit is issued.

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TOWN PLANNING CONSIDERATIONS: Background The site has a history of various uses. The site currently has an approved restaurant at the ground floor level fronting Lake Street. The existing, but not approved, Beer Garden use, which includes seating, a stage and toilet facilitates is situated to the rear of the site in an enclosed shed type structure and is accessed via an access easement along the south eastern boundary of the site. The access easement is over the subject land and provides legal access to adjoin properties. The first floor of the building is vacant but has previously been used for office space and a caretaker’s residence. Site and Surrounds The site is located on the eastern side of Lake and Spence Streets facing the Lake Street Mall opposite the taxi rank. The existing building is located at 94 Lake Street, Cairns described as Lot 3 on RP707057. A two storey building exists on the site and has been utilised by several tenancies in the past. Surrounding development consists of a variety of uses typically found in the centre of a city, including shops, businesses, cafes, restaurants, banks, travel agents, night clubs, bars and the like. No parking is provided on site. The site is currently occupied by a restaurant, known as the Bull Bar & Grill and an existing, unapproved beer garden, situated on the ground floor to the rear. Proposal It is proposed to change the use of the site to include a Nightclub (Indoor Sport & Entertainment) use on the first floor, existing restaurant on the ground floor with a beer garden (Tavern) at the rear of the site at ground level. The applicants contend that all 3 uses may operate independently or in conjunction with each other depending on the circumstances. The proposed use does not involve major alteration of any components of the building, however recent changes to Disabled Access requirements may require a re-design of the layout. Some rationalisation of the access arrangements may also be required to address safety and CPTED issues. The use of the restaurant will remain as a primary function for the ground floor area of the building. The application is also proposing to make lawful a Beer Garden area that has been established to the rear of the site where three (3) parking spaces were previously located. CairnsPlan Assessment

CairnsPlan CBD North Cairns Planning District

Code Applicability

Compliance

Planning Area City Centre See Discussion Below Land Use Tavern, Indoor Sport& Entertainment (Nightclub) See Discussion Below

Overlays Flood Management See Discussion Below Height and Impact of Buildings Complies Operational Aspects Cairns International Airport Complies

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General

Infrastructure Works Code Complies Landscaping Code See Discussion Below

Parking & Access Code Does not comply - See

Discussion Below

Compliance Issues Access Easement An access easement/alleyway runs along the southern side of the site providing legal access to the rear of 4 adjoining sites. The alley is “roofed in” by part of the first floor of the subject building. It is not clear in the common material submitted with the application whether the parts of the building straddling the easement do so legally. Part of the recommendation includes a request for that aspect of the proposal to be further investigated as the lawfulness of the extensions may impact on the floor area of the proposed first floor nightclub. CPTED As noted above, the vehicular and pedestrian access to parts of the site and adjoining sites is gained via an existing 3m wide alleyway/easement located along 2/3rds of the southern boundary of the site. Photographs attached as Appendix 3 show the nature of this access. It is a dark and narrow access with the potential to create CPTED issues. The subject proposal relies on this alleyway for pedestrian access to the rear “Beer Garden”. The applicants have indicated that the 3 proposed uses of the site may all operate at the same or alternatively at different hours. If the whole complex operated over the same times the CPTED issues are likely to be diminished as there will be activity taking place throughout the whole building. If the beer garden at the rear of the site was operating on its own there remains a potential for CPTED issues as patrons navigate down the long enclosed alleyway. A condition has been included in the recommendation to rationalise how access is to function independently and safely to each proposed use. Inner City Risk Areas The site is located in an area of the CBD that has in the past been identified as one of the main Cairns hot spots for alcohol and violence related incidents within the CBD. In earlier licensing application reports Council’s Inner City Precincts officers passed on concerns about this locality when requests were made for the extension of liquor licences in the locality. Final approvals for the subject uses will require serious consideration of how the premises will be managed and the starting point for that should be the preparation of a Management Plan for the premises. This issue can be addressed in later proposals that address the other access and CPTED concerns raised above. Car Parking The car parking aspect of this proposal is where the main non-compliance with the Planning Scheme exists. The car parking requirements of the proposal are summarised as follows:

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TABLE — CAR PARKING REQUIREMENTS Existing / Proposed Use

Floor area (Nla) m²

Parking ratio Spaces required

Comment

Restaurant (existing)

120 1/50m² 3 3 spaces proved at rear – no longer available

Night Club – 1st floor

274.5 1/15m² 18

Beer Garden 101.5 1/10m² 10 Subtotal 31 Less 3 Dispensation for self-

assessable restaurant Less 3 Credit for office use Total required 25 There is no room on site to provide any car parking other than the 3 parks that were located where the proposed beer garden is to be located at the rear of the site. Practical access to those 3 spaces was problematic given the nature of the existing alleyway/easement. In the past Council has given dispensations for up to 10 spaces for similar types of uses in the CBD. This would leave a shortfall of 15 spaces. The site is located in the CBD car parking area and the option to provide payment for shortfalls in car parking exists. A 15 car park short-fall generates a contribution in lieu of parking of $436,167.96. Applicants Submissions on Parking Issues The applicants undertook a survey of existing patrons in 2010 with respect to car usage. The survey produced the following results:

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As a consequence of the above survey results the applicants have made the following comments: “ For the purpose of determining current demand on car parking, analysis is presented in Table 1. This Table describes patrons by origin (local or tourist) in addition to determining their mode of transport to the subject site as recorded by Victor G Feros Town Planning Consultants over the time periods of Friday 9 — Saturday 10 April 2010 and Friday 30 April 2010 — Saturday I May 2010 by way of in-person on-site surveys of those using the beer garden component of the subject site. It is observed that only one tourist (<2%) identified that they drove to the subject site over the entire survey period. It is further noted that over the period of survey that only I in 5 of all respondents drove to the subject site. Additionally, it is reasonably assumed that users of the proposed development would be very likely to include a significant amount of tourists who would not require on-site car parking, would be residing within the Cairns CBD or within easy walking distance of the subject site. It is noted that in relation to in-person surveys that these were taken during the off-peak period during the tourist season in which tourist numbers are generally expected to be lower than those of local patrons. It is submitted that increases in tourist numbers during peak periods will create either a nil or insignificant or otherwise negligible amount of on-site car parking requirement.” The applicants conclude their analysis of parking issues by noting; “To finally determine the demand for car parking it is submitted that based on information gathered during the patron survey period that demand for car parking by users of the Beer Garden, who are submitted to be similar to the type of expected patrons of the proposed Night Club, have a car parking demand far less than that proposed by the CairnsPlan. The survey revealed that of tourists who are the major target market for the Nightclub use, only one tourist driver over the entire survey period. It is accordingly submitted that, having regard to the uses proposed, the existing levels of car parking demand by patrons of the Beer Garden and the subject site’s proximity to like uses within the CBD, these all contribute a nil further requirement for the provision of on-site car parking for the proposed uses.” Further, and in conclusion the applicants believe that the subject re-development should not require any parking nor pay any contributions for parking shortfalls based on the following summary of reasons: “a) The location of the site within the City Centre and the proximity of the site to a

range of visitor accommodation and other entertainment venues. This location encourages a substantial proportion of patrons to walk to the venue;

b) It is expected that a number of tourists or Cairns residents that live near to the CBD who frequent the site will walk to the site and therefore generate limited demand for on-site car parking;

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c) The site has a high level of accessibility to major public transport modes, in particular the site is in close proximity to the taxi rank on Lake Street; this will reduce the need for the provision of on-site car parking spaces;

d) Cross utilisation of the proposed uses on the site will reduce the demand for the provision of on-site car parking spaces; and

e) Existing car parking “credits” available for existing uses on the site can be applied to the proposed development.”

Parking - Other similar developments Other applications for similar developments within the city have had parking issues of a similar nature e.g. a. Covergirls – Nightclub/Adult entertainment – 77 Lake Street

No parking was able to be provided. The use attracted a parking requirement for 33 spaces – the existing uses within the building at the time provide a parking “credit” of 24 spaces. The 9 space shortfall was waived.

b. Saphire Bar – Tavern – 39-49 Lake Street No parking provide as parking contributions were paid for as part of the approval

for the former use of the site as an Amusement Centre c. Sporties Bar – Nightclub – In existing Building – 33-39 Spence Street

12 spaces available on site – additional 20 spaces required – 10 were to be provided on site and 10 to be paid for as a contribution.

Officer Comment The test for requesting a non-compliance with an acceptable measure under CairnsPlan is through a merit based assessment of the proposal against the performance criteria. The performance criteria for Vehicle Parking numbers is as follows: P1 – Sufficient parking spaces must be provided on the site to accommodate the amount and type of vehicle traffic generated by the development of the site, having particular regard to:

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a) the desired character of the area in which the premises is located; and b) the nature and scale of the development; and c) accessibility to the premises; and d) the nature and frequency of public transport serving the area; and e) whether or not the development involves the retention of an existing building,

particularly an identified historic building, and the previous requirements for car parking for the building; and

f) whether or not the use involves the retention of other cultural heritage features or significant vegetation; and

g) the different types of vehicles that visit the premises are adequately accommodated.

In response to each of the criteria, the following is provided: (a) The desired character of the area is to accommodate the widest range of higher

order and specialised forms of retail, business, administrative, community and indoor entertainment and leisure facilities, as well as to provide a focus for cultural issues.

The proposed development is consistent with the desired character as it provides

for specialised forms of indoor entertainment consistent with other night time entertainment activities in the area.

(b) The proposed nightclub absorbs most of the area of the existing 1st floor office

area but is likely to utilised by more people than an office would albeit at different operating hours. The applicants have submitted a survey showing how patrons arrived at the site. This survey indicated low car usage but the survey was relatively “uncontrolled” and based on patrons using the site unlawfully

(c) The proposed development will only be accessible to the public by foot from Lake

Street. The site has no parking availability and is essentially land locked to vehicles by other buildings and easements. There exists no option to construct car parking nearby. The Council car parking building is located approx.100m away.

(d) Immediately south of the site across City Place is the local bus

terminus/interchange which provides bus services coming from and going to most suburbs in and around Cairns. The buses generally do not operate after midnight and therefore will have limited use for patrons of the proposed tavern (as shown in the parking survey). The “Super Taxi Rank” is located directly across Lake Street from the site

(e) The proposal retains the existing building which while not located in a heritage

precinct does have some “character” that could be enhanced as a consequence of the development.

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Further to the information above, several conclusions can be made from the parking survey and the operation of the existing business which impact the likely demand for car parking to the proposed development. In terms of staff parking, the demand generated is relatively low due to the high number of staff who walk to the site or are conveyed by taxi. With respect to patrons, the parking survey revealed that very few used cars to get to the site, noting that the survey was carried out over a small time frame and 2 years ago. From the assessment made above, it is considered that the proposed new uses are likely to generate a higher parking demand than that of the existing or former uses on the site. However, the car parking requirement for the proposal under CairnsPlan does not reflect the actual demand for car parking demonstrated by the parking survey for this specific type of development. There is some evidence that most of the patrons and staff do not drive to the venue. The time that the businesses intend to operate is later at night when on-street parking is more readily available. Alcohol is a factor in reducing the number of patrons that access the site by driving. It is considered that the proposal, whilst not complying with the acceptable measures, is similar in nature to the Sporties approval and therefore a monetary contribution for the shortfall of the car parking spaces can reasonably required taking into account that a 10 space dispensation has been provided to arrive at a nett shortfall of 16 spaces. Such contribution can be levied for the 16 car park short fall when the Development Approval is issued. Gary Warner Acting Team Leader Action Officer Neil Beck Acting Manager Development Assessment

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APPENDIX 1 EXECUTIVE PLAN(S)

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APPENDIX 2 - APPROVED PLAN(S)

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APPENDIX 3 ADVICE AGENCY RESPONSE

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APPENDIX 4 SUPPORTING INFORMATION ACCESS EASEMENT OVER THE SITE

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SITE PHOTOGRAPHS VIEW FROM REAR OF ACCESS EASEMENT – SUBJECT BUILDING IS TO RIGHT

VIEW FROM LAKE STREET DOWN ALLEY/ACCESS EASEMENT - SUBJECT BUILDING IS TO LEFT

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2 STREET VIEWS OF BULL BAR

PLANNING AND SUSTAINABILITY COMMITTEE 4€¦ · STREET CAIRNS CITY – DIVISION 5 Gary Warner:...

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