MCU18/0004 - Development Application For Material Change Of Use For Entertainment & Dining Business - Type 1 (Food & Beverage) At 56 Main Street, Kin Kin

MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN STREET, KIN KIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/Application/MCU18/0004

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Jodie Alice Williams
Proposal	Material Change of Use - Entertainment & Dining Business - Type 1 Food & Beverage
Properly Made Date	1 February 2018
Information Request Date	22 February 2018
Information Response Date	30 April 2018
Decision Due Date	22 June 2018

PROPERTY DETAILS
Property Address	56 Main St Kin Kin 4571
RP Description	Lot 5 RP 809995
Land Area	1754 m²
Existing Use of Land	General store/post office

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Boreen Point, Kin Kin and Cootharaba
Zone	Village Mix Zone
Overlays	N/A
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0004 for a Development Permit for Material Change of Use for an Entertainment & Dining Business - Type 1 (Food & Beverage) situated at 56 Main St, Kin Kin and:
Approve the application and a mobile post office in accordance with the following conditions:
When Conditions must be complied with
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plan
Development undertaken in accordance with this approval must generally comply with the approved plan of development. The approved plan is listed in the following table and may be further amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Job number 15005 A1	C	SITE PLAN	30.07.2017
Job number 15005 A2	C	FLOOR PLAN	30.07.2017
Job number 15005 A3	C	ELEVATIONS AND SECTION PLAN	30.07.2017
Nature and Extent of Approved Use
The use of new undercover dining area must not operate outside of the hours 7am – 10pm and be used a maximum of three days per week.
Patrons in the new undercover dining area must not exceed 60 persons.
Patrons on the existing deck dining area must not exceed 40 persons.
The new undercover dining and link-way areas must be in accordance with the approved plan, with no more than 192m2 used for dining.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday, and not at all on Sundays or public holidays.
Noise
External speakers or amplified music are not permitted.
Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all times.
Management must ensure patrons leave the premises and street frontage promptly after nightly closing time and do not mingle or otherwise cause noise nuisance.
Noise emissions from any new air-conditioning and refrigeration equipment associated with the development shall comply with the following requirements:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
Sealed access driveways must be maintained from Main Street to all parking and manoeuvring areas of the development.
Car Parking
A minimum of 5 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The carparking must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with the relevant Australian Standard (AS/NZS2890.1:2004 for staff and customers, AS/NZS2890.6:2009 for people with disabilities).
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
PROPOSAL
The application seeks to increase the amount of seating associated with the Kin Kin General Store from 19 to 40 persons, develop a 30m2 undercover barbeque cooking area and 130m2 of undercover dining area. The undercover dining area will be used for dining and functions for up to 60 people. The proposal also includes a 62m2 link-way connecting the existing building to the new undercover dining area, a 13m2 structure on the existing hardstand area for Australia Post mail collection and a 13m2 shipping container is proposed for storage purposes. The total area for all of the proposed structures is 248m2.
Documentation provided by the applicant advises:
……Looking at extending existing deck dining from 19 people to 40 people.  This will allow extra Sunday Breakfast diners.
The Kin Kin General Store also requesting new additional undercover dining for a maximum 60 people for back function barn area giving weather proof structure for diners to sit under.   This area is for LIMITED Use.   The limited use would be for Casual dining twice a week would fit 30 - 40 people every Friday 5:30pm - 9pm, and again for 40 - 60 people every Sunday 12- 3pm.  The third function service for the week would be for group bookings and would need to be flexible.
Being either weekday or Saturday lunch or Saturday dinner, but will not exceed 60 people and will be one 3.5 hours service for the whole week.
An Entertainment and Dining Business Type 1 is a consistent use within the Village Mix Zone which requires Code Assessment.
The matter is before Council as the applicant seeks a pro-rata application of the Infrastructure Charges based on the limited time that the proposed new area will be used and variation to on-site car parking requirements.
The following images detail the location of the site and plans detailing the proposal:

Figure 1: Site location

Figure 2: Site location

Figure 3: Proposed layout

Figure 4: Elevation of barn and link-way

site details
Background
A development approval for a service station, shop and dwelling was issued for the premises in 1993 (3B-3080). A further approval was given for an outdoor eating area in 1996 (3B-446). The approval limited the floor area of the outdoor seating area to 50m2 and a maximum of 19 seats. The following image details the approved plan for development approval 3B-446.

Figure 5: Approved plan for development approval 3B-446

The site currently operates as the Kin Kin General Store servicing the local community with a range of grocery items and post office service. A restaurant/café also operates on site.
Site Description
The site is a square shaped lot situated within Main Street and is approximately 1752 m2 in area. A building is situated in the north-west corner of the site. A deck to the front of the building is adjacent to the front boundary. A separate building is situated to the rear of this building and provides ablution facilities.
To the east of the main building is a concrete pad which provides an area for car parking. To the rear of the concrete pad is a large open area which is surfaced by a combination of grass, paving and concrete.
Surrounding Land Uses
The site is surrounded by a mix of differing land zones and land uses. Properties to each side of the subject site and properties on the opposite side of Main Street are all zoned Village Mix. The Rural Settlement Zone applies to the land to the rear of the site, the Detached Housing Zone and the Community Services Zone applies to properties further west of the site. The Rural Zone, Open Space Recreation and Open Space Conservation Zones apply further afield. The closest dwelling is approximately 50 metres from the proposed use area.
The properties surrounding the subject site are used as follows:
North: Residential dwelling
South: Rural Settlement zoned land of approximately 10 hectares in area, a dam has been developed adjacent to the common boundary
East: Telstra land and privately owned land which has not been developed
West: Real estate agent’s office
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Regional Landscape and Rural Production Area and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area which allows for limited commercial and retail activity.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Boreen Point, Kin Kin and Cootharaba Locality Code
Business Uses Code
Landscaping Code; and
Engineering Works Code
The Entertainment and Dining Business Type 1 is a consistent use within the Village Mix Zone. The proposed use contributes to the commercial activity within the main street of Kin Kin and caters to the needs of visitors and visitors to the area.
The form of the proposed barn style structure will not dominate the streetscape as it is setback approximately 18 metres from the front boundary, has a modest height and is characteristic of the rural style surrounds.
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Car parking
With regards to car parking the applicant advises:
Requesting a relaxation of car parks as Kin Kin Village, many staff walk or ride bikes to work.  Weekend junior staff get dropped off by parents.  Functions will be encourage to participate in bus transport packages.
The existing development, pre the proposed additions, comprises approximately 133m2 of use area within the building and 50m2 of outdoor dining, totalling 183m2. One off street car parking space was required under the existing approval
The proposal seeks to increase the use area by an additional 218m2 attributed to the undercover dining area, the link-way, post office and shipping container. The barbeque cooking area does not contribute to the calculation of use area for the purposes of car parking calculation, being excluded by the Driveways and Car Parking Code. In the Village Mix Zone one car space is required per 20m2 of use area and therefore the development requires an additional 11 car spaces.
Therefore, a total of 12 car spaces are required for the existing and proposed development. The proposed plans detail 5 car parking spaces on the existing concrete hardstand and a disabled space adjacent to the western side of the existing building.
There is currently low demand for car parking within Main Street and the surrounding area. The proposed use will have limited impact on the surrounding area with sufficient on street car parking available.
It is therefore recommended that the shortfall of car parking be waived as opposed to contributions being obtained. The application was lodged on 1 February 2018 at which time the formation of a contributions in lieu of car parking policy was in its initial stages. The car parking policy recommends that contributions that would ordinarily be payable in the Kin Kin locality be waived in principle and for the time being to promote business activity and job creation. In this instance it is recommended that car parking contributions be waived to contribute to business growth and job creation within Kin Kin.
Council’s Development Engineer has advised the proposed disabled space does not comply with the relevant requirements. Accordingly, it is recommended that a condition of the approval be included requiring the disabled car space to comply with the relevant Australian standards.
Noise
The introduction of an undercover dining area on the site introduces new noise sources. The applicant advises that….
There are no plans for music as such, but if any we may consider acoustic guitar. Not amplified. Our garden and planting will buffer any noise created by customers talking. We are looking one night a week, maybe 2 maximum, but our guests are early to leave. Our business closes doors at 10pm so we like them gone by 9pm….to allow the final clean up.
Outcome O20 of the Business Uses Code requires:
Development is designed and sited to avoid noise emissions that unreasonably diminish the amenity of the area or surrounding uses.
The Boreen Point, Kin Kin and Cootharaba Locality Code similarly seeks to protect the amenity of existing residents.
The applicant was not required to provide an acoustic report as it was considered that the proposed hours, nature of use and the separation of the proposed use area from the closest dwelling (50 metres) ensures that suitable conditions can be applied to maintain the amenity of nearby residents.
In summary it is considered that the proposed use and development are suitable for the site and will not detract from the amenity of the local area as a result of car parking and noise.
Infrastructure Charges
The applicant has request that reduced Infrastructure Charges be applied based on a pro-rata rate reflective of the amount of time the proposed areas are to be used.
The applicant has included the following grounds as justification for the reduced charges:
The Kin Kin General Store also requesting new additional undercover dining for a maximum 60 people for back function barn area giving weather proof structure for diners to sit under.  This area is for LIMITED Use.
The limited use would be for Casual dining twice a week would fit 30 - 40 people every Friday 5:30pm - 9pm , and again for 40 - 60 people every Sunday 12- 3pm.  The third function service for the week would be for group bookings and would need to be flexible.
Being either weekday or Saturday lunch or Saturday dinner, but will not exceed 60 people and will be one 3.5 hours service for the whole week.  This one flexible function for the week will be recorded in our Team Up Calendar that is currently accessible by all our staff and we are happy to give access to Noosa planning department  where the weekly function will be clear in dates, times, and customer numbers for transparency.
Total operating hours of café is approx. 77 hours a week   Total new barn usage would total 10 hours a week.
Total breaky/lunch/dinner services per week Total 15 - 16 food services. (open 7 days Breakfast and Lunch plus open one dinner service every Friday Night and once a month on a Saturday night.)    Total number of food services needed for new undercover dining is only 3 food services per week (Friday Night, Sunday Lunch and One other day.)
We are requesting this new back area infrastructure fees be reduced based on usage as the business does not need the space during the week and other reasons listed below.
Breezeway and BBQ not for under cover dining.  The breezeway is for weather proof access between the two buildings when wet and windy.
Deck and back barn area will NOT operate at the same time.  eg   Sunday Breakfast on deck only, followed by Sunday Lunch out the back barn area where tables are set ready for lunch.
We are trying maintain current employment and future employment growth.  Great training ground for local junior staff, great ways for mums to do a few shifts to top up income.    We have had 10 trainees complete certificates and some starting trades.
Our Current seating is excessive during the week, but more is needed on weekends when trade increases.
In Kin Kin We do not have the ability to turn tables over compared to similar businesses in Noosa high traffic areas (eg Hastings St, Gympie Terrace, Other popular tourist spots). We are lucky to achieve 50 % bum to seat occupancy with current seating during the week, but need 3 x the seating on Sunday as locals and some tourists venture out to the quiet countryside.   Long way to drive if we have no tables available.  The Country drive and trails are a wonderful assets, but we need places to visit, a draw card.  This will help ease congestion in peak tourism season.  Clientele will be limited to drivers.
Prorata use of dining will be up re enforced by way of gates and fenced off area only opened in allocated operation times.   We do not need or want customers sitting out the back unless part of the 3 allocated times per week…… This restricted area will only work as the function or the two casual dining times in allocated times listed above.
We are not just a shop, we are .......
A place to pick up bread milk, groceries    (There are not many little shops left....there is a reason for that.)
A community meeting place.
Business meeting place.
Elderly local lady's social group (they keep an eye on each other and quickly follow up is someone misses a Tuesday or Friday)
Primary school children wait here for parents to finish work,
Couples drop point for separated families.
Local Pound / RSPCA .
any dogs found end up here...locals always call us is any animals go missing
any horses/ cows out.....you guessed it.   call the shop!  I must admit sometimes they have been our cows.
The list goes on.
Unfortunately the total size of this structure is considered undercover dining space.  Because there is no walls......a large over hang is needed to protect customers from the elements.  The edges of the undercover space is for driving rains and afternoon summer sun, not more tables.  There is no allowance for this in current assessment.
The application proposes 248m2 of additional gross floor area which would result in an Infrastructure Charge of $38,397.
The application will result in an additional 235m2 of additional impervious area resulting in an additional charge of $2,373 towards trunk stormwater.
The total applicable Infrastructure Charge for the proposed development is $40,770.
In circumstances where a use is proposed to be used for limited hours a pro-rata rate has been applied and a condition has been included in the development approval to limit the days of use.
In this instance it is proposed that the new dining area would be used up to three separate days per week. On this basis this equates to 3/7ths of a week. 3/7ths of the full Infrastructure Charge is $17,472.
It is recommended that the pro-rata application fee be supported as this in consistent with how similar circumstances have been addressed in the past and will provide the business with the opportunity to continue to grow and provide local employment within Kin Kin. A condition is recommended which limits the use of the new undercover dining area to three days per week. If the business were to seek to expand the number of days which this area is to be used the approval would require amendment and an updated Infrastructure Charge would be applied.
cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies:
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineering – car parking
conclusion & REASONS FOR DECISION
The application is for a consistent food and beverages use within the Village Mix Zone. The proposed use raises no planning concern as the amenity of the surrounding area can suitably be addressed by relevant conditions. The applicant’s request for a pro-rata application of Infrastructure Charges is supported due to the limited use of these areas and waiving of contribution in lieu of the shortfall in car parking to enable a commercial operation to continue to grow and provide local employment opportunities in the hinterland.
The application is recommended for approval, subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	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
					

[word/footer1.xml]
Page 12 of 12

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JUNE 2018

[Attachment: image3.png (image text)]
 

 

 

 

Saociece 4
y DISTNG CONCRETE HAROSTAND
S/ PROPOSED
EA ChaParkN,
g SJ
2 &

 

 

 

 

   

 

/ {| soamanase oer 77

 

 

 

 

 

 

 

 

 

 

L JT
35350

Ve

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

PROPOSED UNDERCOVER LINKWAY AREA

 

 

NEW SHIPPING —
CONTAINER FOR
STORAGE