Council Report MCU19 0007

MCU19/0007 - representations to conditions - DEVELOPMENT APProval FOR Material Change of Use - Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) at 26 project avenue noosaville

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM/Application/MCU19/0007

Attachments	Nil

APPLICATION DETAILS
Applicant	The Mcfarlan Group Pty Ltd
Proposal	Representations to Material Change of Use - Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre)
Properly Made Date	16 January 2019
Information Request Date	5 February 2019
Information Response Date	11 February 2019
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	26 Project Ave Noosaville Qld 4566
RP Description	Lot 200 RP 913612
Land Area	1013 m²
Existing Use of Land	Industrial shed

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard Overlay – Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 June 2019 regarding Application No. MCU19/0007 for representations to conditions of approval for a Development Permit for Material Change of Use – Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) situated at 26 Project Ave Noosaville and:
A.	Approve the request to change Condition 2 to read as follows:
Approved Plans
2. 	Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Plan No.	Plan Name	Date
D-11801-01C	Proposal Plan (site plan), drawn by Lynda McDougall	10/12/2018
D-11801-02B	Proposed extension & new amenities block Ground Floor Plan, drawn by Lynda McDougall	10/12/2018
D-11801-03A	Extension and amenities concept – Mezzanine Floor Plan & Elevations, drawn by Lynda McDougall	10/12/2018
D-11801-03A	South and North Elevations, drawn by Lynda McDougall	10/12/2018
B. 	Refuse to change Condition 4 for the following reason:
The proposed increase in patron numbers results in a reliance on street parking, which is not consistent with the Driveways and Carparking Code in the Noosa Plan.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant has made representations to a Development Permit for Material Change of Use – Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) to increase the number of patrons from 15 to 20 attending the site outside of the hours of 7.30am and 4.30pm each day. In addition, the applicant proposes to increase the floor area of the amenity block by approximately 13m2 to comply with People with Disability (PWD) requirements. Refer Figures 1 & 2.

Figure 1 – Proposed extension to amenity block   Figure 2 – Approved Plan – amenities block in yellow.
site details
Background
Council approved a Development Permit for Material Change of Use – Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) on 18 April 2019. The proposed development sought to utilise an existing industrial shed and extend the shed in the future to accommodate a fitness centre/cross fit training facility. The existing floor space is 271m2 (including a mezzanine level) and the extension to the east is proposed to be 84m2 An amenities block with toilet and showers is to be located in a separate building from the existing building. The total approved floor area is 377m2.
assessment
Representations to Conditions
Condition 2 – List of approved Plans
Approved Plans
2.	Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Plan No.	Plan Name	Date
D-11801-01A	Proposal Plan (site plan), drawn by Lynda McDougall	10/12/2018
D-11801-02A	Ground Floor Plan, drawn by Lynda McDougall	10/12/2018
D-11801-03A	East and West Elevations and mezzanine plan, drawn by Lynda McDougall	10/12/2018
D-11801-03A	South and North Elevations, drawn by Lynda McDougall	10/12/2018
Applicant’s Request
The changes to the plans reflect the increased size of the toilets from 26m2 (6.35m x 4.1m) to 39m2 (6.95m x 5.6m) to comply with the PWD requirements and allow a separate male/female shower and toilet. It is requested to endorse the submitted plans to reflect the change to the amenities block and change Condition 2 accordingly.
Assessment
The proposal includes an increase of floor area for the amenities block which is located at the rear of the site and existing building.
The increase in size of the amenities block does not impact on the provision of approved landscaping and the number of car spaces.
Process wise, additional floor area would generally mean a change to the application. In this case however, an increase in floor area for an amenities block is considered generally in accordance with the existing approval.
For the above reasons, the applicant’s request is supported.
Condition 4 – Patron numbers
Operating Hours and Class Times
The hours of operation and staff and patron numbers for the development must comply with the following requirements:
The hours of operation for the approved use is limited to the hours between 5.00am and 9.00pm daily;
The number of people (patrons and staff) must not exceed 15 people at any one time.
Group classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Applicant’s Request
The proposed change considers the large amount of surplus parking off site outside the predominant industrial use hours. This condition for additional patrons has been considered appropriate for similar proposals in the industry zone where there are excess off-street parking opportunities.  The applicant requests to amend Condition 4 as follows:
Operating Hours and Class Times
4. 	The hours of operation and staff and patron numbers for the development must comply with the following requirements:
a. 	The hours of operation for the approved use is limited to the hours between 5.00am and 9.00pm daily;
b. 	The number of people (patrons and staff) must not exceed 15 people at any one time. between the hours of 07:30 and 16:30;
c. 	The number of people (patrons and staff) must not exceed 20 people outside of these hours; and
d. 	Group classes must have a minimum 15-minute break between the conclusion of a class and the beginning of the next.

Assessment
The previous assessment and the resultant approval proposed 13 spaces that would enable sufficient car parking availability for a maximum number of 15 people present on site, where applying the 0.85 car spaces per person rate. A condition was included in the approval for maximum class size numbers and further that there is no overlapping of classes to ensure on site car parks are available at all times.
The applicant requests that an increase in patrons from 15 to 20 people be allowed to attend the site outside of the hours 7.30am & 4.30pm. This results in an on street (off-site) reliance for car parking for 4.25 spaces where applying the 0.85 car spaces per person rate as previously applied.
A basic survey on 2 business days from 4-5pm in the western part of Project Ave concluded there are anywhere between 6-14 car spaces available on the street. On these days, some decrease occurred between 4.10-4.40pm and then there was an increase in demand close to 5pm on one of these days. It was observed from the street that on these days that industrial activities were still occurring at 5pm (e.g. No’s 16, 25 & 28 Project Avenue). The survey did not extend past 5pm.
An increase in patrons will not comply with the Specific Outcomes O7 and O18 of the Driveways and Carparking Code in Noosa Plan, which requires on-site parking and appropriate consideration of parking impacts.
With regard to car parking, an analysis of other gyms approved in recent times in industrial estates concluded where car parking requirements were not met, that car spaces allocated to other tenancies on site could be utilised by the gym outside of industry business hours. Other gyms that comprise of the only tenancy on site have complied with the on-site car parking requirements.
Currently, there is at least one other gym operating in Project Avenue. It is important to note that a gym is an inconsistent use in the industrial area and to allow on street reliance may constrain industrial use flexibility in the future. For example where shift work occurs and whereby industry hours or production times may vary over time for business reasons. On-street parking can accommodate overflow, but should not be relied upon for a use that is not consistent in the zone.
It is therefore concluded that it is not appropriate to allow an inconsistent use in an industrial area to utilise on-street car parking, as there is a potential that this degree of relaxation may put pressure on existing and future industrial business operations.
CONCLUSION
It is therefore recommended to agree to amend Condition 2 to allow an increase in size of the amenity block and disagree to change Condition 4 to allow additional patrons.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	11 JUNE 2019