6.6 578 PLUMMER STREET, PORT MELBOURNE LOCATION/ADDRESS: RESPONSIBLE MANAGER: AUTHOR: TRIM FILE NO.: P0256/2015 ATTACHMENTS: WARD: TRIGGER FOR DETERMINATION BY COMMITTEE: 578 PLUMMER STREET, PORT MELBOURNE GEORGE BORG, MANAGER CITY DEVELOPMENT ASHLEY MINNITI, SENIOR URBAN PLANNER 1. Site Plan 2. Proposed Plans SANDRIDGE APPLICATION NO: P0256/2015 APPLICANT: EXISTING USE: ABUTTING USES: ZONING: OVERLAYS: STATUTORY TIME REMAINING FOR DECISION AS AT DAY OF COUNCIL PROPOSAL Application in the FBURA. Urban Auto Enterprises Pty Ltd Office (printing company) Office and light industry Capital City Zone (CCZ1) Schedule 2 to the Development Contributions Plan Overlay (DCPO2) Schedule 1 to the Parking Overlay (PO1) 11 days Use of the site for motor vehicle repairs, display of business identification signage, including a major promotional sign, buildings and works and the provision of car parking in excess of the rates specified in the Parking Overlay. 1. EXECUTIVE SUMMARY 1.1 It is proposed to use the existing building for the purpose of motor vehicle repairs, with provision for up to 28 vehicles to be repaired/serviced at any one time. 1.2 A total of 85 parking spaces are provided on site; which is significantly higher than the maximum number of parking spaces allowed pursuant to the Parking Overlay, being 48. 1.3 Due to the age of the warehouse (less than 10 years old) the warehouse is unlikely to be redeveloped as part of the Fishermans Bend Urban Renewal Area in the near future. 1.4 The proposed use of the site is considered to be entirely consistent with State and Local Policy, the purposes of the Capital City Zone and the Fishermans Bend Strategic Framework Plan. 97
1.5 Approval of the application is recommended, subject to conditions. 1. Land use KEY ISSUES 2. 3. RELEVANT BACKGROUND The following relevant application has previously been considered for the subject site: Application No. 200/2008 Develop the land for the purpose of five (5) warehouses with ancillary offices, a reduction in the standard car parking and bicycle requirements. Proposal Decision Date of Decision Approved 13 August 2008 PROPOSAL Details of the application are as follows: Use and Buildings & Works Use of the existing 5,433m 2 warehouse for the purpose of motor vehicle repairs, specifically: o 30 spaces for the repair and/or servicing of vehicles; o 20 spaces for vehicles awaiting pick-up; o 35 spaces for staff parking. o The building would be modified internally to include: o office area of 810m 2 ; o a storage area of 767m 2 ; o amenities of 285m 2 o internal car parking of 1095m 2 o warehouse (storage of parts, etc ) of 440m 2 o motor vehicle repairs of 2040m 2 In addition to the internal fit out of the existing building, an ancillary car wash would be constructed at the rear of the site (approximately 105m 2 ) and the existing warehouse would be expanded by 327m 2. Total new built form proposed to the site would be 432m 2. Hours of operation would be; o 6 am to 6 pm Monday to Friday; o 7 am to 5 pm Saturday; o 9 am to 5 pm Sunday. There would be a maximum of 35 employees on site at any one time. Signage Construction and display of major promotional (business identification) signage on the fascia of the northern elevation, measuring 22m (L) x 0.915m (H). The sign would display the business logos of Chrysler, Jeep and Dodge as well as the words Service & Parts. 98
Construction and display of major promotional signage on the fascia of the northern elevation, measuring 6m (L) x 8m (H). The sign would display a picture of a vehicle, and would replace an existing sign in the same location. Construction of a pylon sign within the front setback, 500mm from the footpath. The pylon sign would be orientated to face east/west, and would measure 6m (H) x 1.9m (W). The pylon sign would be grey alucobond, with the logos of Chrysler, Jeep and Dodge. None of the sings are proposed to be illuminated. 4. 5. SUBJECT SITE AND SURROUNDS Site area Existing building & site conditions Surrounds/neighbourhood character 7289m 2 (site) 5433m 2 (warehouse). 578 Plummer Street is developed with a single storey white alucobond warehouse, with mezzanine level office space. The warehouse takes up the entire front boundary, with one pedestrian entry and two vehicle entry points. A substation is located in the north-east corner of the site. The warehouse (excluding the substation) is setback 3.9m from the title boundary. The warehouse is constructed in a horse-shoe formation, with at grade parking for 85 cars is available in the middle of the site, and abutting the sites eastern boundary. Plummer Street and the surrounding area is mainly characterised by office and light industrial uses on large lots, with the subject site typical of the character of the area. The surrounding area is set to undergo rapid change over the coming decades, with a vision to create a medium to high density mixed use precinct, known as Fishermans Bend. PERMIT TRIGGERS The following zone and overlay controls apply to the site, with planning permission required as described. Zone or Overlay Clause 37.04 Capital City Zone Clause 45.09 Parking Overlay Why is a permit required? Pursuant to the Schedule to the Zone, Industry (which includes Motor Vehicle Repairs) is a section 2 use (permit required). Industry is included within Table 1 to Schedule 1 to the Parking Overlay and specifies a maximum rate of 1 parking space per 150m 2 of gross floor area Therefore the parking requirement is: 7289/150 = 48 car spaces As 85 parking spaces would be provided, a permit is required to exceed the maximum rate specified. 99
Clause 52.34 Bicycle Facilities Clause 45.06 Development Contributions Plan Overlay (DCPO2) Service Industry, which includes motor vehicle repairs, is included within Table 1 to Clause 52.34 and specifies a minimum rate of 1 bicycle parking space per 800m 2 of net floor area. Therefore the bicycle parking requirement is: 5433/800 = 7 bicycle spaces In addition, if 5 or more bicycle spaces are required, 1 shower for the first 5 employee bicycle spaces, plus 1 to each 10 employee bicycle spaces thereafter. Change room facilities should also be provided. As 7 bicycle parking spaces are proposed in the rear warehouse, and change room and shower facilities are proposed in the front warehouse, no permit is required in this instance. Pursuant to Clause 45.06-1, a permit must not be granted to subdivide land, construct a building or construct or carry out works until a development contributions plan has been incorporated into this scheme. Pursuant to Schedule 2 to Clause 45.06, a permit may be granted to subdivide land, construct a building or construct or carry out works before a precinct wide development contributions plan has been prepared to the satisfaction of the responsible authority if the permit allows for the construction of a building or construction or carrying out of works for an existing use of land provided the gross floor of the existing use is not increased by more than 1000m 2. As the proposed buildings and works are in association with a new use (not an existing use), this exemption does not apply. Therefore, an agreement under Section 173 of the Planning and Environment Act 1987 must be entered into with the responsible authority that makes provision for development contributions. 6. 7. PLANNING SCHEME PROVISIONS 6.1 State Planning Policy Framework (SPPF) The following State Planning Policies are relevant to this application: Clause 17 Economic Development 6.2 Local Planning Policy Framework (LPPF) REFERRALS The Municipal Strategic Statement (MSS) contains a number of clauses which are relevant to this application as follows: Clause 21.04 Clause 21.04-3 Clause 21.06 Clause 21.06-8 Clause 22.12 7.1 Internal referrals Land Use, including Office and Mixed Use Areas Neighbourhoods, including Fishermans Bend Urban Renewal Area Stormwater Management (Water Sensitive Urban Design) The application was not required to be internally referred. 7.2 External referrals The application was not required to be externally referred. 100
8. PUBLIC NOTIFICATION/OBJECTIONS In the Capital City Zone, an application to construct a building or carry out works and to use land (except for a nightclub, tavern, brothel or adult sex bookshop) is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Therefore, the application was not advertised. 9. OFFICER S ASSESSMENT 9.1 State Policy Clause 17 (Economic Development) of the Port Phillip Planning Scheme has an objective to encourage development which meets the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. The proposed use would be consistent with this policy objective, providing a service to the vehicle owners within the central Melbourne region. The purposes of the Capital City Zone are: To enhance the role of Melbourne s central city as the capital of Victoria and as an area of national and international importance. To recognise or provide for the use and development of land for specific purposes as identified in a schedule to this zone. To create through good urban design an attractive, pleasurable, safe and stimulating environment. The Capital City Zone is perhaps the most diverse zone within Victoria, with the intent to create a vibrant, mixed use and active area that is the centre of entertainment, retail and business within Melbourne. The proposed use would provide a service to the community, specifically vehicle owners within the inner Melbourne region. The proposed use is consistent with the purpose and objectives of the Capital City Zone, and State Policy more broadly. 9.2 Local Policy Is this use consistent with the existing and/or preferred neighborhood character? The subject site is located within the Fishermans Bend Urban Renewal Area. Clause 21.06-8 lists a number of key planning challenges for this area, with those particularly relevant to this application noted below: Managing the transition of Fishermans Bend Urban Renewal Area from a principally industrial area towards a genuine mixed use environment Ensuring the supply of adequate employment opportunities Recognise that residential amenity in the Fishermans Bend Urban Renewal Area is not comparable to that of residential zones, and residential use and development in these zones must not compromise the other purposes and functions of the Fishermans Bend Urban Renewal Area 101
Ensure new retail development supports the surrounding area s new function without material impacts on the operation of existing centres In addition, the following local strategies are considered relevant in this instance: 6.4.38 - Promote a genuine mix of uses in the area that provides for residential, commercial, retail, industrial and community facilities and uses. 6.4.41 - Encourage the relocation of industrial uses to enable the area to transition to a mixed use residential area. 6.4.42 - Allow existing industry to function and potentially expand in the short to medium term 6.4.43 - Support the development of new industrial uses which are employment intensive, clean and sustainable, including high technology uses, in a manner that reduces the amenity impacts. 6.4.48 - In the Fishermans Bend Urban Renewal Area encourage development to respond to the following character elements: Active uses along street frontages and on podium facades 6.4.49 - Discourage big box retail development without adequate retail impact assessments. The proposed tenant is Chrysler, Jeep and Dodge, for the purpose of the servicing of vehicles purchased from their nearby vehicle show room located on Montague Street, South Melbourne. Due to the age of the warehouse (less than 10 years old) the warehouse is unlikely to be redeveloped as part of the Fishermans Bend Urban Renewal Area in the near future. In addition, the site is located within the Sandridge Precinct, which is stated in the Fishermans Bend Strategic Framework Plan as being the area s primary commercial and employment hub of Fishermen s Bend, with employment uses complimented by residential apartments, shopping and entertainment. The plan therefore anticipates added employment opportunities within the area, with less focus on residential uses. It should also be noted that the precincts of Lorimer and Montague are envisioned to be developed first, with Sandridge and Wirraway being developed in several years (perhaps decades), as infrastructure is provided to service these new areas. The proposed use of the site is not considered at odds with local policy, nor would it be at odds with the Fisherman s Bend Strategic Framework Plan. Would the proposed use have an adverse impact on neighboring residential amenity? There are no residential uses within the immediate area. While power tools and panel beating would be common, the use of heavy machinery would be minimal, if at all. Any proposed residential uses in the vicinity would be required to provide adequate insulation and acoustic measures. Are the proposed buildings and works compatible with the existing and preferred Neighbourhood Character? The two proposed additions to the existing warehouse would be relatively minor, being an extension of the front warehouse by 327m 2 and a car wash bay towards the rear of the site of 105m 2. Both of the proposed additions would be located behind the existing warehouse, and constructed from similar materials. The proposed new buildings would not be visible from the street, and would be entirely consistent with the predominant character of buildings in the surrounding area (warehouse/light industrial). 102
What are the implications for car parking? While the proposed use would exceed the maximum number of parking spaces allowed pursuant to the Parking Overlay (85 proposed, 48 allowed), this is considered necessary for the proper functioning of the site as a motor vehicle repair centre. Should the rates specified in Clause 52.06 be applied, the site would be required to provide 212 spaces plus 28 service bays (3 spaces per 100m 2 ). The applicant seeks to achieve a balance between the intent of the Parking Overlay, the requirements of Clause 52.06, and the intended use of the site. By its very nature, car parking and vehicle storage requirements are anticipated to be quite high; given vehicle repair is the sole purpose of the business. Therefore, an increase in the maximum number of parking spaces allowed pursuant to the Parking Overlay is considered appropriate in this instance. Have the requirements of Clause 22.12 (Stormwater Management) been met? Clause 22.12 of the Port Phillip Planning Scheme relates the reuse of stormwater runoff, and applies to new buildings or extensions to existing buildings which are 50 square metres in floor area or greater. The applicant does not propose any measures to meet the requirements of this clause, which is not acceptable. To ensure stormwater runoff is appropriately managed, a condition of any permit should require the preparation of a Water Sensitive Urban Design Report (refer recommended conditions 11 and 12). 10. 11. 12. COVENANTS The applicant has submitted a Register Search Statement declaring that there is no restrictive covenant on the title for the subject site known as Crown Allotment 6A, City of Port Melbourne Parish of Melbourne South, Certificate of Title Volume 01205 Folio 905 and Volume 09985 Folio 928. OFFICER DIRECT OR INDIRECT INTEREST 11.1 No officers involved in the preparation of this report have any direct or indirect interest in the matter. OPTIONS 12.1 Approve as recommended 12.2 Approve with changed or additional conditions 12.3 Refuse - on key issues 103
13. RECOMMENDATION - APPROVE 13.1 That the Responsible Authority issue a Planning Permit. 13.2 That a Planning Permit be issued for the use of the site for motor vehicle repairs, display of business identification signage, including a major promotional sign, minor buildings and works and the provision of car parking in excess of the rates specified in the Parking Overlay at 578 Plummer Street, Port Melbourne. 13.3 That the decision be issued including the following conditions: 1. No Alterations The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority, unless the Port Phillip Planning Scheme exempts the need for a permit. 2. Number of Vehicles No more than 30 vehicles may be repaired and/or serviced on the premises at any one time without the further written consent of the Responsible Authority. 3. Allocation of Parking Spaces A maximum of 35 parking spaces are to be made available for staff parking at any time. In addition, a maximum of 50 parking spaces are to be made available for vehicles either awaiting service or pick-up. 4. Storage of Vehicles No vehicles awaiting service or pickup may be parked on an adjacent road or footpath, nor may they protrude beyond the site boundary. 5. Vehicle Wash Bays Without the further written consent of the responsible authority only three (3) vehicle wash bays may be provided on site. Vehicles must only be washed within the carwash bays. 6. Effluent from Wash Bays Waste from a vehicle wash area must drain into a public sewer or a settlement and oil separation system. The system must comply with the Environment Protection Act 1970 and be installed to the satisfaction of both the relevant water authority and the Responsible Authority. 7. Office Space to be ancillary The office space permitted as part of this application is to be used only in association with the primary use of the premises as car sales. 8. SEPN-1 The premises must comply with the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1. 9. Amenity of the area The amenity of the area must not be detrimentally affected by the use. 104
10. Odours and water emissions Odours offensive to the senses of human beings must not be discharged beyond the boundaries of the premises; and the occupier must ensure that there is no discharge or seepage of waste or wastewater from the premises to the land, groundwater or water environments (including via stormwater). 11. Water Sensitive Urban Design Before the development starts (other than demolition or works to remediate contaminated land) a Water Sensitive Urban Design Report that outlines proposed water sensitive urban design initiatives must be submitted to, be to the satisfaction of and approved by the Responsible Authority. The report must demonstrate how the development meets the water quality performance objectives as set out in the Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) or as amended. When approved, the Report will be endorsed and will then form part of the permit and the project must incorporate the sustainable design initiatives listed. 12. Incorporation of Water Sensitive Urban Design initiatives The project must incorporate the water sensitive urban design initiatives listed in the endorsed Water Sensitive Urban Design Report to the satisfaction of the Responsible Authority, and thereafter maintained to the satisfaction of the Responsible Authority. 13. Signs not Altered The location of the sign(s) (including the size, nature, panels, position and construction) shown on the endorsed plan must not be altered without the prior written consent of the Responsible Authority. 14. Sign Structure not Altered The location and details of the supporting structure and electrical supply as shown on the endorsed plan must not be altered without the prior written consent of the Responsible Authority. 15. No Flashing Light The signs must not contain any flashing, intermittent or changing colour light. 16. No External Illumination The sign must not be illuminated by external lights except with the written consent of the Responsible Authority. 17. Sign Illumination The light source must be designed to illuminate the building and minimise light spillage onto surfaces other than the sign to the satisfaction of the Responsible Authority. In this regard the intensity of the illumination of the signs hereby permitted must not exceed a maximum of 400 candelas per square metre. 18. Sign Lighting for Business/Commercial Signs The lighting permitted by this permit must comply with Australian Standard 4282 Control of the obtrusive effects of outdoor lighting. 105
19. Expiry Date The signage component of this permit expires on 19 May 2030, being 15 years from the date of issue. 20. Development Contribution (FBURA) Before the development starts excluding demolition and site preparation works, the owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act,1987. The Agreement must: a) Require the developer to pay a development contribution not exceeding: b) $15,900 per dwelling, c) $180 per sqm of gross commercial floor area, or d) $150 per sqm of gross retail floor area. e) Require that development contributions are to be indexed quarterly from 1July 2015 using the Price Index of Output of the Construction Industries (Victoria) by the Australian Bureau of Statistics. f) Require registration of the Agreement on the titles to the affected lands as applicable. g) Include a schedule of the types of infrastructure to be delivered by the Development Agency using development contributions. h) Confirm that contributions will be payable to the Metropolitan Planning Authority. i) Confirm that the contributions will be used by the Development Agency as stipulated by the Metropolitan Planning Authority to deliver the schedule of types of infrastructure. j) Require that a bank guarantee to the value of 50% of the development contribution must be deposited with the responsible authority prior to the commencement of any works. The bank guarantee will be returned upon full payment of the development contribution. k) Confirm the procedure for refunding monies paid if the permanent development contribution plan for the area is less than the amount stipulated in the Section 173 agreement. l) The agreement must make provision for its removal from the land following completion of the obligations contained in the agreement. The owner of the land to be developed must pay all reasonable legal costs and expenses of this agreement, including preparation, execution, cessation and registration on title. 21. Time for starting and completion This permit will expire if one of the following circumstances applies: a) The use and development is not started within two years of the date of this permit. b) The development is not completed within two years of the date of commencement of works. The Responsible Authority may extend the periods referred to if a request is made in writing: a) before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; and 106
b) within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Permit Notes: Building Approval Required This permit does not authorise the commencement of any building construction works. Before any such development may commence, the applicant must apply for and obtain the appropriate building permit under the Building Regulations. Building Works to Accord with Planning Permit The applicant/owner will provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with this planning permit. Other Approvals May be Required This Planning Permit represents the Planning approval for the use and/or development of the land. This Planning Permit does not represent the approval of other departments of the City of Port Phillip or other statutory authorities. Such approvals may be required and may be assessed on different criteria from that adopted for the approval of this Planning Permit. 107