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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Although a parking shortfall exists on site, it is considered there is sufficient car parking in the immediate vicinity to ensure that a major parking problem does not arise. However a condition should be placed on the approval that the site is not to be used for “dine in” purposes to ensure that vehicles are not located in the parking spaces for extended periods of time. Although a restaurant use is located in the adjoining lot the times the restaurant is open (from 5.30pm) is outside the times the proposed fast food outlet is intended to operate (6.30am – 4.00pm). Therefore it is not considered a parking issue would arise if an approval was granted for the proposed fast food outlet. Notwithstanding the above, as the subject lot is located within the mixed use upper precinct of the Scarborough Special Control Area, Clauses 6.9.9 b) iii) and iv) and Clause 6.9.9 c) i) are relevant to this proposal. These Clauses of LPS3 relate to cash in lieu for car parking, which is a mandatory requirement and cannot be varied. Clause 6.9.9 allows for a reduction in the number of car bays required. Where cash-in-lieu is payable the number of car bays is reduced by the number of car bays that the cash-in-lieu is applicable for. The proposed change of use requires 11.71 bays. Clause 6.9.6 b) iii) of LPS3 requires 25% of the required bays to be subject to the cash in lieu requirements of LPS3, reducing the on site requirement to 8.79 bays and in accordance with the parking policy this number is rounded up to nine (9) bays. Therefore this results in a contribution payable for three (3) bays. Clauses 6.9.9 b) iv) states that the amount of cash in lieu contribution payable for development shall be determined by Council based on the estimated cost of providing an equivalent number of commercial parking spaces and manoeuvring areas in the form of decked parking in terms of and construction cost, and for non residential development the amount payable shall be reduced by half. Mandatory Cash in lieu requirement The construction cost of a single bay has previously been determined to be $25,000 per bay. This equates to a construction cost for three (3) bays of $75,000, however as the development is non-residential the payment can be reduced by half resulting in a total payment of $37,500.00. Additionally, a land component of 24m 2 is applicable, at a cost of $2150m 2 (based on the most recent valuation available to the City), resulting in a land component of $51,600. Cash in lieu for remainder of parking shortfall. Clause 6.9.9 c) i) of LPS3 states that there is no reduction in parking standards otherwise applicable under the Scheme, except for the reduction in on-site parking as a consequence of the contribution to the cost of off-site parking. Therefore Clause 5.8 of LPS3 would also be applicable to the remaining shortfall. Therefore the remaining nine (9) bays would be subject to a cash-in-lieu requirement of $225,000 (nine (9) bays x $25,000). Part 11 of the City’s Parking Policy provides the following standards relating to minor developments within the Scarborough Special Control Area:- When considering an application for a minor addition or a change of use within the Scarborough Special Control Area (as defined under Cluse 6.9 of Local Planning Scheme No 3), parking bays in addition to those already existing on site will not be required where the application meets all of the following a. The addition is non-residential b. The change of use if to a non-residential use, or occurs upon a site which is zoned mixed use 266
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 c. See below d. The addition does not increase the non-residential floor space of a building by more than 50m² e. The applicant satisfies Council that the addition will not substantially increase the intensity of the use of the site Part 12 of the City’s Parking Policy provides for the opportunity to exercise discretion and consider variations to the Policy. The Policy states that:- Applications seeking variations to this policy shall be determined by Council in accordance with the objectives of this Policy and, in doing so, Council may seek the comments of adjoining or nearby owners. The proposed development meets all of the requirements of Part 11 of the Policy with the exception of the following:- c) The addition and/or the change of use would not require more than 3 additional parking bays. The proposed change of use from office to fast food requires 12 additional car bays to be provided, with three (3) bays existing on site. Notwithstanding the requirements of LPS3 previously discussed relating to the cash-in-lieu requirements in the Scarborough Special Control Area; Part 12 of the Parking Policy gives Council the power to vary the requirements of the Policy provided that the objectives of the Parking Policy are met. Specifically in this instance, Part 12 allows Council to waive the requirements to provide the nine (9) car bay shortfall on site. It is important to note that this is different to waiving the cash in lieu requirement of LPS3. In this instance, it is considered that the proposed fast food outlet meets the objectives of the policy stipulated previously in this report. Sufficient parking is already located within the immediate vicinity in the form of a parking lot in the City’s ownership (located at Lot 5, House Number 84, Scarborough Beach Road, Scarborough) as well as the provision of on street car parking. Both these parking areas are considered to allow for sufficient vehicle parking for visitors to the commercial strip development in which the proposal is located without causing a major parking problem. The reduced parking on site can be supported as this will ensure that an oversupply of parking does not occur that discourages alternative forms of transport and therefore having a detrimental impact on the character of the area. The nature of the proposal is such that it is considered that a large proportion of the customers will actually access the site by walking. The proposal is considered to be a return to the traditional ‘corner store’ which was typical of the Scarborough area within the 1960’s and 1970’s and given the location of the store amongst a predominantly residential area it is reasonable to consider that persons will walk to the site in the morning to buy a coffee, some milk and a paper. It should be noted that the Local Area Plan for Scarborough identified commercial centres along Scarborough Beach road as playing an important role in economic diversity within the City of Stirling. The participants involved in the Local Area Plan workshops wanted the City to encourage local businesses to locate within the local area and revitalising commercial centres should be a matter of priority. Therefore it is considered this proposal will not only provide a diverse range of facilities within the local area but assist in meeting the needs of local residents. 267
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