negotiation decision - reconfiguring a lot – (2 lots … · recommendation: that council approves...

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Agenda – Ordinary Meeting 11 April 2012 - #3463670

ORDINARY MEETING

11 APRIL 2012

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NEGOTIATION DECISION - RECONFIGURING A LOT – (2 LOTS INTO 371 LOTS) - STAGES 13-26 SMITHFIELD VILLAGE – MCGREGOR ROAD, SMITHFIELD – DIVISION 8 G Warner : 8/13/1472: #3226428

PROPOSAL: NEGOTIATED DECISION FOR

RECONFIGURING A LOT - (2 INTO 371 LOTS) STAGES 13 - 26 - SMITHFIELD VILLAGE APPLICANT: MARLIN COAST LAND COMPANY P/L (TTE) C/- BRAZIER MOTTI PO BOX 1185 CAIRNS QLD 4870 LOCATION OF SITE: MCGREGOR ROAD, SMITHFIELD PROPERTY: LOT 711 SP 222736, LOT 800 SP211744 PLANNING DISTRICT: BARRON SMITHFIELD PLANNING AREA: RESIDENTIAL 2 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT &

RESOURCE MANAGEMENT DEPARTMENT OF TRANSPORT & MAIN ROADS

NUMBER OF SUBMITTERS: N/A STATUTORY ASSESSMENT N/A DEADLINE: DIVISION: 8 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. PREVIOUSLY APPROVED PLANS 3. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 4. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council approves a Negotiated Decision for Development Approval 8/13/1472 being an approval for Reconfiguration of 2 Lots into 371 Lots from Lot 711 SP222736 and Lot 800 SP211744 (Stages 13-26 Smithfield Village), located at O’Brien, McGregor and Dunne Roads Smithfield, subject to the following: 1. Amend approved drawings Table as follows; APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Smithfield Village Proposal Plan Stages 13 to 26 Smithfield Village Proposal Plan Stages 13 to 20

Brazier Motti Plan 31339-349A Brazier Motti Plan 31339-349C

29/06/2009 9/06/2011

Staging Plan Brazier Motti Plan 31339-500A

26/03/2012

Subject Sites

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2. Amend Condition 4 as follows: Street Layout and Design 3. The street layout and design must comply with Queensland Streets and

FNQROC Development Manual (pre September 2008 Version), to the satisfaction of the Chief Executive Officer. In particular:

a. All roads must have a minimum road reserve width of 14 metres; b. Provision of a 2.0 metre wide footpath is to be constructed within all

Access Streets and higher order roads in accordance with Table D1.3; c. Access place ‘street leg length’ is must be designed to satisfy the

30km/hr design speed control criteria; d. Access street ‘street leg length’ must be designed to satisfy the

40km/hr design speed control criteria; e. Provision of on-street car parking spaces in the vicinity of cul de sac

heads and parks must satisfy Queensland Streets f. Provision of on-street car parking spaces in the vicinity of cul de sac

heads and parks must satisfy Queensland Streets f. Prior to lodging on application for Operational Works for each stage, a

detailed stage plan must be submitted to Council for endorsement by the Chief Executive Officer which shows the proposed lot mix for the relevant stage. The detailed stage plan must show the dimensions and areas of each lot.

g. Provide a review of the Connell Wagner Traffic Assessment dated

27/04/2007 to reflect the revised Master Plan road layout and associated traffic generation and where necessary implement any amendments required as a consequence of the review;

h. The realigned McGregor Drive / Smithfield Village Drive connection is to

be completed prior to endorsement of a survey plan for Stage 12 the last stage north of the realigned McGregor Road and west of Smithfield Village Drive.

i. The southern section of Smithfield Village Drive adjoining Stage 15

Stages 13 and 15 and the link with Dunne Road is to be completed prior to survey plan endorsement for any stage south of the re-aligned McGregor Drive.

j. Staging of the development is to generally occur in accordance with

Staging Plan 31339-500A.

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4. Amend Condition 16 as follows:

Inspection of Sewers 16. CCTV inspections of all constructed gravity sewers must be undertaken

for all gravity sewers that will become an asset of Council. An assessment of the CCTV records will be undertaken and any identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council.

5. Amend Condition 18 as follows:

General External Works 18. Undertake the following external works:- a. Provide a full detail design and costing for the Type C 1 (31m wide)

Median Divided 4 Lane Road, as detailed in Council’s Trunk Infrastructure Contribution Policy for the central through road (Reed Road to Dunne Road and connection in to McGregor Road).

b. The detail design in a. above must include approved roundabout

locations and designs. c. Detail design must be provided for all proposed intersections at

each stage of development. d. Creditable works are to be defined and agreed with Council prior

to the sealing and dating of the Survey plan for Stage 14 the last stage north of the realigned McGregor Road and west of Smithfield Village Drive.

. Three (3) copies of a plan of the works must be endorsed by the Chief

Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plan prior to approval and dating of the Survey Plan for the stage that includes the infrastructure required by this condition.

6. All other conditions and advice statements of Development Approval

8/13/1472 (#2649998) remain unchanged. 7. CONCURRENCE AGENCY CONDITIONS & REQUIRMENTS

Concurrence Agency

Concurrence Agency Reference

Date Council Electronic Reference

Dept of Transport and Main Roads

TMR12-001884 (1523.07) CRN-260

08/03/3012 3521629

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Dept Environment and Resource Management

IC0909CNS0007 22/10/2009 2370484

Dept Environment and Resource Management

311066 13/10/2009 2358338

Refer to Appendix 3: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies). EXECUTIVE SUMMARY: Council is in receipt of an application to negotiate and change some of the conditions of an approval (8/13/1472) issued to reconfigure land within a Residential 2 Planning Area into approximately 370 lots, drainage reserve and parkland, in various stages, from Lot 711 SP232840 and Lot 800 on SP211744, Parish of Smithfield. The two sites are 74ha (part only) and 38.3 ha respectively that form the southern part of a large (174.78ha) land holding owned by the applicants and is to be developed in several stages for residential uses consistent with an approved masterplan. The original application for which the negotiated decision is requested represents Stages 13 to 26 of the development of the land. The estate is known as “Smithfield Village”. The subject stages represent part of the overall development of the Smithfield Village Estate for which Council’s Planning and Environment Committee approved (as a Preliminary Approval) a Master Plan at its Meeting on 12 June. (Council ref - 8/13/1229). The Master Plan made provision for approximately 930 lots. The request for a Negotiated Decision relates to; clarifying some conditions, adding Stage 12 from an adjoining approval, adding some flexibility to lot layout to reflect changing market conditions and providing an alternative trigger for the construction of a major link road through the overall development. The requested changes are discussed in detail below and have generally been accepted. The requested changes required the addition of some conditions to clarify the addition of Stage 12 from Approval 8/13/1290. TOWN PLANNING CONSIDERATIONS: Proposed Changes Approved Plans The applicants have submitted a plan with minor changes to the overall layout of the subject stages. The amended plan 31339-349C has been substituted for the approved plan 31339-349C.

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The applicants contend that: ● The development footprint remains unchanged as a consequence of the proposed

changes; ● The access points within the development remain in the same locations; ● The proposed land use remains the same, and ● Although the yield has increased as a result of the changes, proposal plans have

been prepared to reflect the proposed lot numbers of the original application through the grouping of smaller lots into super lots for further development approval.

The applicants also note; We note that the plan (31339-349C) has been produced with an average lot size shown throughout the plan area, these lot sizes are indicative only, and an appropriate mix of lots will be prepared on a stage by stage basis in response to market conditions and purchaser demand. It is our view that despite this approach, an appropriate level of certainty for Council can be achieved through an appropriately drafted condition of approval that requires the applicant to lodge a plan showing the proposed lot sizes and mix on a stage by stage basis for Council approval prior to receiving operational works approval. To assist In Council’s consideration of this proposed approach, we suggest the following condition for inclusion in the Negotiated Decision Notice: “Prior to lodging an application for operational works, a detailed stage plan must be submitted to Council for endorsement by the Chief Executive Officer which shows the proposed lot mix for the relevant stage. The detailed stage plan must show the dimension and area of each lot.” Officer Comment Officers accept that the current residential market situation is difficult to predict and that some flexibility is needed in determining final lots sizes and staging to meet those uncertainties. The amended layout plan 31339-349C is acceptable. An amendment to Condition 4 (New 4(f)) is proposed that will include the above suggested condition that seeks a detailed layout prior to each Stage of Operational Works

Condition 4 Condition 4 of the Development approval addresses a number of standard requirements for the layout of the development. In its present form this condition states: Street Layout and Design

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4. The street layout and design must comply with Queensland Streets and FNQROC Development Manual (pre September 2008 Version), to the satisfaction of the Chief Executive Officer. In particular:

a. All roads must have a minimum road reserve width of 14 metres; b. Provision of a 2.0 metre wide footpath is to be constructed within all Access

Streets and higher order roads in accordance with Table D1.3; c. Access place ‘street leg length’ is must be designed to satisfy the 30km/hr

design speed control criteria; d. Access street ‘street leg length’ must be designed to satisfy the 40km/hr

design speed control criteria; e. Provision of on-street car parking spaces in the vicinity of cul de sac heads

and parks must satisfy Queensland Streets f. Provision of on-street car parking spaces in the vicinity of cul de sac heads

and parks must satisfy Queensland Streets g. Provide a review of the Connell Wagner Traffic Assessment dated

27/04/2007 to reflect the revised Master Plan road layout and associated traffic generation and where necessary implement any amendments required as a consequence of the review ;

h. The realigned McGregor Drive / Smithfield Village Drive connection is to be

completed prior to endorsement of a survey plan for Stage 12. i. The southern section of Smithfield Village Drive adjoining Stages 13 and 15

and the link with Dunne Road is to be completed prior to survey plan endorsement for any stage south of the re-aligned McGregor Drive.

The applicants have requested changes to parts of the above condition as follows: Applicant’s request 1. Remove Condition 4(f) as it is a duplication of condition 4(e) Officer Comment: Request agreed with and Condition 4(f) removed. Applicant’s request Amend the timing required for the construction of the realigned McGregor Drive / Smithfield Village Drive connection. Condition 4(h) currently requires the new alignment of McGregor Road and its link to Smithfield Village Drive to be linked at the time of endorsement of the plan of survey for proposed stage 12. The applicants have made the following comments in support of changing Condition 4(h);

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“The changes relate to the timing of construction for the realigned McGregor Road / Smithfield Village Drive connection; the condition as written, requires the construction to occur prior to endorsement of a survey plan for Stage 12. However, in light of the recently constructed segments of Smithfield Village Drive, the constructed connection to O’Brien Road and the proposed access to McGregor Road via the lower order roads within stages 12 & 13 as shown on enclosed Brazier Motti drawing 31339-500A, the construction of the said connection prior to endorsement of the stage 1 2 survey plan is not considered necessary to facilitate vehicle access and permeability throughout the estate. This position is supported by the following: • When the original conditions were written it was envisaged that Reed Road would

be the only available access/egress from the development. There are currently two main routes out of Smithfield Village — via Reed Road and O’Brien Road;

• There are approximately 350 lots (up to completion of Stage 17) to the south of

O’Brien Road that would be likely to use the route to McGregor Road through Stages 12 and 13 for southbound journeys, Assuming that each household generates about 10 trips per day this equates to 3500 vehicles movements per day. It has been assumed that 75% of journeys made by these householders would use this route, which equates to 2625 vehicles per day. The maximum design capacity for this grade of road (Minor Collector— 16.5m wide road reserve) is 3000 vehicles per day according to FNQROC,

This indicates that the Smithfield Village Drive McGregor Road connection would, not need to be built before the construction of Stage 17 which is the last stage north of McGregor Road and west of Smithfield Village Drive. Consequently we propose the following changes to the condition 4(h):- The realigned McGregor Road / Smithfield Village Drive connection is to be completed prior to endorsement of a survey Plan for Stage 12 the last stage north of the realigned McGregor Road and west of Smithfield Village Drive.” Officer Comment: Officers recently met with the applicants to discuss the above proposal and general agreement was forth coming with respect to these changes. Condition 4 (h) has been amended accordingly. A subsequent amendment is required for Condition4 (i) to remove reference to Stage 13 which has now been moved to the north side of the subject development.

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Condition 16 Condition 16 currently states: Inspection of Sewers 16. CCTV inspections of all constructed sewers must be undertaken for all sewers that

will become an asset of Council. An assessment of the CCTV records will be undertaken and any identified defects are to be rectified to the satisfaction of the Chief Executive Officer at no cost to Council.

Applicant request The applicants note that much of the Smithfield Village waste system is based on a vacuum system that would not function if it had flaws in it. The applicants have requested that the above condition relate only to those parts of the reticulation that rely on gravity sewer. Officer Comment In the circumstances this request is considered reasonable and Condition 16 has been amended accordingly to only require CCTV inspections of gravity sewer lines. Condition 18 Condition 18 currently states; General External Works 18. Undertake the following external works:- a. Provide a full detail design and costing for the Type C 1 (31m wide) Median

Divided 4 Lane Road, as detailed in Council’s Trunk Infrastructure Contribution Policy for the central through road (Reed Road to Dunne Road and connection in to McGregor Road).

b. The detail design in a. above must include approved roundabout locations

and designs. c. Detail design must be provided for all proposed intersections at each stage of

development. d. Creditable works are to be defined and agreed with Council prior to the

sealing and dating of the Survey plan for Stage 14.

Three (3) copies of a plan of the works must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plan prior to approval and dating of the Survey Plan for the stage that includes the infrastructure required by this condition.

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Applicant’s request Condition 18(d) requires that Creditable works are to be defined and agreed with Council prior to the sealing and dating of the Survey plan for Stage 14. This timing no longer reflects the amended staging of the development and should be amended to reflect when the creditable infrastructure is required. Officer Comment Condition 18 (d) has been amended to reflect the amended Condition 4(h) with respect to when the creditable links are to be made. Condition 20 Condition 20 currently states; On-Street Car Parking Masterplan 20. Provide an on-street car parking masterplan to demonstrate compliance with the

requirements of Qld Streets. Three (3) copies of a plan of the works must be endorsed by the Chief Executive

Officer prior to the issue of a Development Permit for Operational Works. All works must be carried out in accordance with the approved plan prior to approval and dating of the Survey Plan for the relevant stage.

Applicant’s request That this condition be removed. The applicants contend that there are only limited locations in the development where on street car parking can occur. The applicants contend that Condition 4 (e) address parking in cul-de-sac heads and that this should be sufficient to deal with the issue. Officer’s comments Council engineers still hold the opinion that the opportunity to review overall car parking provisions should be maintained given the amended layout provides for denser development and less on street parking opportunities. The condition should remain. Stage 12 (DA 8/13/1229) Stage 12 was to be completed as part of Development approval 8/13/1229. It is now more efficient to include this stage wholly within the subject approval. Overall Staging A staging plan has been included in the above recommendation to clarify current plans for staging and to acknowledge the inclusion of Stage 12.

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Concurrence Agencies Appendix 3 contains a revised Concurrence agency approval from The Department of Transport and Main Roads. The DERM requirements remain unchanged. Department of Transport & Main Roads (DTMR) The previous requirements of the Department of Transport and Main Roads centred on the land requirements for a future Public Transport Corridor along the western boundary of the site. This corridor is no longer required and as a consequence the DTMR conditions have been substantially modified to remove reference and to the provision of land for bus ways and associated structures. Department of Environment and Resource Management This agency was both a Concurrence (Vegetation Management & Coastal Protection) and an Advice Agency (Acid Sulfate Soils) for this application. This agency was largely triggered because the application involved land in the balance area to the east (part Lot 710 SP213809 – now Part Lot 711 SP232840) that adjoins the Coastal Management and Vegetation areas of interest to this agency. The eastern area of Lot 711 SP 232840 will be developed at a later stage independently of the stages that make up this application. HEADWORKS / CONTRIBUTIONS: The headworks estimate for the development as set out in the original approval remain unchanged apart from the adjustments that will be required at the time of payment. G Warner Planning Officer Action Officer Kelly Reaston Manager Development Assessment

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APPENDIX 1 – Approved Plans of Development

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Amended Staging Plan

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APPENDIX 2 – PREVOUSLY APPROVED PLANS OF DEVELOPMENT

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APPENDIX 3 – Concurrence Agency Conditions A. Department of Transport and Main Roads

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B. Department of Environment & Resource Management 1. Vegetation Management and ASP

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B. 2 – Coastal Protection & Management

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APPENDIX 4.-SUPPORTING INFORMATION Plan showing location of Development Area

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Part of the Master-Plan Approved under Preliminary Approval 8/13/1229 covering area in the Stage 13 -26 application Macgregor Road

Dunne Road

negotiation decision - reconfiguring a lot – (2 lots … · recommendation: that council approves...

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