Council Report MCU19 0007

MCU19/0007 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT AND FITNESS (FITNESS CENTRE), SITUATED AT 26 PROJECT AVENUE, NOOSAVILLE

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application / MCU19/0007

Attachment	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	The Mcfarlan Group Pty Ltd
Proposal	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
Decision Due Date	2 May 2019
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	26 Project Avenue, Noosaville
RP Description	Lot 200 RP 913612
Land Area	1013m²
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 9 April 2019 regarding Application No. MCU19/0007 for a Development Permit for  Material Change of Use - Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) situated at 26 Project Avenue, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
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 Plans
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
Nature and Extent of Approved Use
Approval is for a Fitness Centre totalling a maximum floor area of 377m2 including the amenity building.
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.
Noise
Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1.
Table 1
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
5am – 6pm	Background noise level plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
Any advertising sign or device must comply with Council's policies on advertising devices.
Bicycle spaces and amenities
Facilities for 4 bicycle spaces must be provided for the approved use and be made available at all times to patrons and staff at the commencement of the use. Indicate their locations with an Operational Works application.
Shower and toilet facilities must be in accordance with the approved plans and available at the commencement of the use.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
The extent of works shown on the approved Site Plan (D-11801-01A);
An average of a 2 metre wide landscaping strip is to be provided along the Project Avenue road frontage of the subject site, exclusive of the access driveway and generally uncompromised by infrastructure items;
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached;
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Site Access and Driveways
A sealed access driveway must be provided from Project Avenue to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in accordance with Council’s Standard Drawing RS-051 and any associated addendums.
Car Parking
A minimum of 13 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 works must be undertaken in accordance with an Operational Works approval and must include in particular:
11 visitor parking spaces (including scooter) within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
Car spaces 10 & 11 dedicated as staff parking spaces, which are clearly marked for that purpose;
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 for the relevant user class.
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Collection of runoff from the building and hardstand areas;
Discharge to Council’s drainage system in Project Avenue and/or to a suitable easement.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated retaining walls/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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
Some sport and recreational uses are accepted in the Industry Zone given the potential impacts of sport and recreation uses; and
The fitness centre relies on a large floor area that can be facilitated in an Industry zone, unlike other zones where it would be difficult to locate.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes 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 proposed gross floor area of 377m2.
The development proposes to include 13 car spaces, including 2 staff spaces and a disabled space and 4 scooter spaces. The original proposal was for 20 patrons and 3 staff. This has since been amended to allow for a maximum number of people (including staff) on site at any one time as long as it complies with car parking. To comply with the car parking requirement a total of 15 people are proposed to occupy the site at any one time. The fitness centre proposes to operate 5am-9pm, 7 days a week.
Refer to Figure 1 – Proposed gym.

Figure 1 – Proposed gym
site details
Background
The site was previously used by Sunrise Engineering and Welding. Part of the site was also utilised by the adjoining bus depot for access and parking. Refer to Figure 2 – Existing shed.

Figure 2 – Existing Shed
Site Description
The site has a 21 metre frontage to Project Avenue, with access to the site at the south western corner of the site. The site is relatively flat and existing on-site parking is informal, with no line marking. Refer Figure 3 – Subject site.

Figure 3 – Subject site
Surrounding Land Uses
The site is located in an existing industrial area, which is largely developed with the exception of some vacant sites located north and west of the site. A motor mechanic business adjoins the site to the north, a mixed industrial tenancy adjoins to the south and the east. Industrial factory tenancies are located opposite the site on the other side of Project Avenue.
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 Urban Footprint 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 Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed fitness centre is identified as an inconsistent use in the industry zone and is required to follow an impact assessment process.
Criteria	Planning Scheme	Proposal	Complies
Gross floor area	Not applicable	377 m²	
Site cover	Not applicable	37%	
Landscaped open space	15 m² min	152 m² (15%)	
Carparking	18.85 based on use area 6 based on patron numbers, whichever is the greater	13 equivalent  spaces, including 12 spaces and 4 scooter spaces	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	3.7 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	Showers and toilets provided. Condition requiring bicycle spaces is proposed.	
Land Use & Works Provisions
The application has been assessed against applicable codes as follows:
Noosaville Locality Code
Business Uses Code
Engineering Works Codes
Landscaping Code
The pertinent issues arising out of the assessment against the codes are discussed below.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial estate for industrial functions to the exclusion of incompatible uses, including residential, community and commercial uses, and some sport and recreation uses. Since the commencement of the Noosa Plan in 2006, gyms, ballet schools and the like have been approved in the Noosaville industrial area, given these uses are generally floor area consumptive and as such difficult to locate in the business centres. The size and scale of the building floor area for this proposal is larger than other gym uses previously approved in Industrial Zones within Noosaville, including the 158m2 fitness studio/martial arts centre at 63 Rene Street, and Crossfit Noosa at 9/5 Commerce Court which is 140m2.  Notably, parameters for gross floor area in the Industry zone are not specified in Noosa Plan.
Carparking
The applicant originally identified that another approved fitness centre in Noosaville’s industrial estate (Selkirk Drive) have applied a car parking rate of 1.5 persons per car space in support of 20 patrons. The 1.5 persons per car space was applied when other uses were occurring on site and recognizing the parking demand from those uses.  A car parking survey was also conducted for this site. An analysis determined the compatibility of other uses and their operating times and found that on site car spaces were available for the gym use due to operating times of the industrial uses.  In this case, there are no other uses occurring on the site. Therefore, this scenario is not accepted for this site.
The applicant proposes 13 car spaces (12 car spaces, 4 scooter spaces). The Code requires 1 car space per 20m2 of use area or 1 space per 3 persons capable of being entertained, whichever is the greater. Based on the total tenancy use area of 377m2, 18.85 car spaces would be required for the proposed use. If 20 patrons were proposed (as originally requested), based on the rate of 1 space per 3 persons, 6.66 spaces would be required. This latter rate is not the greater rate in this case and therefore not applicable.
The applicant has indicated their willingness for Council to condition the approval to mitigate any impacts regarding class sizes and staggering of class times to ensure there is enough onsite car spaces for peak parking demands.
To arrive at an appropriate number of people able to occupy the site, Council’s traffic consultant was consulted with regard to such a use occupying the entire site.  It was advised that in the case for gyms, 0.85 spaces per person (including staff) is reasonable in this case. This is based on the premise that patrons visiting gyms mostly drive their own cars, acknowledging that there is a small amount of ride sharing, and a small amount of walk and cycle.  This is especially relevant for an industry area, when compared to a Business centre where walking and cycling would be more common.
Therefore, the proposed 13 spaces would enable sufficient car parking availability for a maximum number of 15 people present on site. A condition ensuring there is no overlapping of classes is also recommended to ensure car parks are available at all times.
The proposed fitness centre use, provided numbers are capped as recommended, has sufficient carparking available on site to address likely parking demands.
End of trip facilities
The Business Uses Code requires secure and convenient parking space for bicycles and end of trip facilities.  The applicant has proposed end of trip facilities being showers and change rooms, however have not indicated proposed bicycle parking. The applicant indicated they will accept a condition for this requirement. Minimum bicycle parking is 1 bicycle park per 100m2 of gross floor area. The proposed gross floor area is 377m2. Therefore, it is proposed to condition the development to provide for 4 spaces for bicycles.
draft planning scheme
The site is to be located within a Medium Impact Industry zone and in the Venture Drive Enterprise precinct where sport and recreation uses may be accommodated. A fitness centre is considered an indoor sport and recreation use under the Draft Planning Scheme. Indoor sport and recreation uses are code assessable if located within an existing building and not involving the expansion of the building. The proposed use is within an existing building and there are plans to expand the building. Therefore, the proposal would be impact assessable and a consistent use under the Draft Planning Scheme.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer, Development Assessment
Traffic Consultant, Stuart Holland (parking rate only)
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
Whilst Entertainment and Dining Business Type 2 Recreation, amusement & fitness is an inconsistent use in the Industry Zone, The Noosa Plan does recognise that some entertainment uses will locate in the industrial area. The proposal can be conditioned to address car parking requirements by restricting the number of people on site at any one time, providing 1 car space per 0.85 persons utilising the site. Therefore the proposal is recommended for approval, subject to reasonable and relevant conditions.
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	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 11 of 11

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 APRIL 2019

[Attachment: image1.png (image text)]
‘Stormwater

 

 

 

  

 

 

 

 

 

 

 

 

 

catehot
E
E
scooter Bo
g Proposed Future \ 200 A] (an total co site)
aM] || pero, btm! \ ppgiz612| |
q h 1013m2 i!
hw - 201
\
RrOOTON 4 ‘ etme tae
| \ 4 Cates Calder ores
Existing Building ~\
incl. Mezzanine a A
Level Approx. 3\ Le
271m? \ :
\ 7
\ A
\ fe file
\

 

 

 

 

   

 

 

ost
8
8

aS

ll ’

rence

New Sliding Gate

 

(3)

 


[Attachment: image2.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

RECEPTION

 

 

 

 

EXISTING AMENMES
TO BE DEMOLISHED

ROLLERDOOR,

ROLLERDOOR,

 

 

 

ROLLERDOOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

|
|
|
|
|
|
|

oh

4000

 

 

 

4800.

4000:

| 1000

cco |

 

2500

 

 

Lalock EXTERIOR WALL
0 WATCH EXISTING

 

 

 

  

19995) t
| I 5198. tf 5200
Us f TT +
! T iit |
| g I! s
| Lt 8
1 I STRUCTURAL BEAM +
— EXISITING TO. ENGINEE: 8
PECIFICATIONS 8
| srructuean seay & SRERREATON |
TINE OF MEZZANINE OVER '
|
1 |
IL—INTERNAL SLOCKWORK DIVIDING |
GYM FLOOR AREA WALL TO GE DEMOLISHED AND PROPOSED EXTENSION |
' NEW SEAM INSTALLED TO (APPROX. 84m? |
STRUCTURAL ENGINEERS | J
ETAL }
IE g 2 NEW Am WIDE
= 8 ROLLER DOORS

PROPOSED AMENITIES