FORM 1C PLANNING AND DEVELOPMENT ACT 2005 RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME CITY OF WANNEROO DISTRICT PLANNING SCHEME NO. 2 - AMENDMENT NO. 101
RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act 2005, amend the above local planning scheme by recoding a portion of Lot 1803 (60) Seagrove Boulevard, Merriwa from Residential R20 to Residential R40 and rezoning the remaining portion from Residential Zone to Private Clubs and Recreation Zone.
Dated this fifth day of May 2009 ...................................................... CHIEF EXECUTIVE OFFICER
PLANNING AND DEVELOPMENT ACT 2005 CITY OF WANNEROO DISTRICT PLANNING SCHEME NO. 2 - AMENDMENT NO. 101 The City of Wanneroo under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above local planning scheme by recoding a portion of Lot 1803 (60) Seagrove Boulevard, Merriwa from Residential R20 to Residential R40 and rezoning the remaining portion from Residential Zone to Private Clubs and Recreation Zone.
PLANNING AND DEVELOPMENT ACT 2005 CITY OF WANNEROO DISTRICT PLANNING SCHEME NO 2 - AMENDMENT NO 101 SCHEME AMENDMENT REPORT
Summary
This amendment proposes to amend District Planning Scheme No. 2 (DPS2) by recoding a portion of Lot 1803 (60) Seagrove Boulevard, Merriwa from Residential R20 to Residential R40 and rezoning the remaining portion from Residential Zone to Private Clubs and Recreation Zone.
Background
In March 2009, the City received a proposal to recode a portion of the subject land from Residential R20 to Residential R40 for the purpose of developing a grouped dwelling development and to rezone the remainder of the site from Residential R20 to Private Clubs and Recreation Zone for the purpose of operating a Primary School for a maximum of 290 pupils.
Detail
Site A plan showing the location of the subject site is included as Attachment 1. The site is bounded by Grand Paradiso Parade in the north, Dalvik Avenue in the south, Seagrove Boulevard in the west and Dalvik Park in the east. The site, surrounded by Residential R20 development, contains two primary school buildings previously used by the former landowner Kingsway Christian College. The north-western corner of the site contains a playground. On-site parking areas are available off Dalvik Avenue and Seagrove Boulevard. The eastern portion of the site is undeveloped. Dalvik Park, located to the east of the site, is under the care of the City. Attachment 1 depicts the playground, the undeveloped site and the parking areas. Proposal Dream Life Church propose to retain the school buildings to establish a Primary School for a maximum of 290 pupils and to develop 36 single-storey Residential R40 units in the remaining area. The residential development is proposed to be located on a part of the existing playground and the undeveloped portion of the site. The units are proposed to be built as “three-bedroom-two-bathroom dwellings” and will vary in size from approximately 113 to 125m2 excluding the garages and storerooms. Attachment 2 contains a copy of the preliminary concept plan of the proposed development. The Primary School falls under the ‘Educational Establishment’ use class of DPS 2, which is a prohibited (‘X’) use in the Residential Zone. The applicant has therefore requested the rezoning of the (non-residential) school portion of the site to ‘Private Clubs and Recreation
Zone’. The objective of this zone is to accommodate (among other things) private educational institutions as a discretionary (‘D’) use. It should be noted that in Town Planning Scheme No. 1 the site was zoned Residential Development, where the use class ‘Educational Establishment’ was an “AA” use, meaning a use not permitted unless approved by Council. Justification for the proposal can be summarised as follows: 1. Dream Life Church proposes to retain the school buildings in order to re-open the Primary School. This is, however, dependent on the recoding of the remaining site to Residential R40 to develop 36 grouped dwellings for sale on the open market. The Church is not able to proceed with the opening of the school in view of its funding constraints and requires the recoding and development to fund the maintenance and staffing of the school. If the recoding does not eventuate then the Church would need to use the entire site for residential purposes. However, the Church is committed to re-establish the school with the funding that will be generated from the group dwelling development and other Commonwealth and State Government educational funding sources.
2.
Comment
School Site In respect to the location and size of a non-government school, Element 8 of the Western Australian Planning Commission’s (WAPC’s) Liveable Neighbourhoods (LN) policy makes provision for the following: x The size of non-government primary school sites should generally be a minimum of 3.5 hectares where there is co-location with adjoining Public Open Space (Requirement 11); and A school should be surrounded by a minimum of three streets including a neighbourhood connector (Requirement 20).
x
The extent of the site for the school is 0.9107 ha while the remaining 1.129 ha is proposed for the R40 development. The proposed school site, although located on a Neighbourhood Connector, is not surrounded by a minimum of three roads. Thus it is noted that the proposal does not satisfy the LN policy. In this regard the LN policy also states that “the size of a school may vary depending on the context, location and characteristics of the site” (Requirement R7). Given that the school is to accommodate a maximum of 290 pupils, the entire site is already zoned Residential and could therefore be approved for residential purposes, and the re-establishment of the school is dependant on the proposed R40 residential development, it is considered that the location and proposed size of the school are acceptable. The applicant has also provided a copy of a letter dated 4 August 2008 from the former Minister for Education and Training, Mr McGowan, advising of his approval of the application for ‘advance determination’ to establish Dream Life Christian School at the subject site.
Active Playing Fields In regard to the reduction in recreation space, the applicant has advised that while there is adequate provision for informal playing use on the reduced school grounds, it is proposed to negotiate an arrangement with the City to use Dalvik Park for organised sports during normal school time. In this regard the City’s Community Services Directorate has advised that utilising the Park during school hours would be consistent with similar arrangements in place with the Department of Education and Training (DET). The school would be given priority use during school hours and would have to book use outside of school hours. If the school were to use the oval, it would be required to contribute towards maintenance costs. The amount would be a negotiated sum. The Community Services Directorate has advised that such negotiations would occur at a later date and the agreed outcome secured through a formal agreement between the City and the school. City’s Housing Strategy Recommendation 9.2.1(b) of the City’s Housing Strategy states that higher residential densities should be considered within areas that have easy access to and/or within close proximity to areas of high amenity including public open space and recreational facilities. The subject site, although located in the established suburb of Merriwa, is considered as a ‘Greenfields’ site. In respect to Greenfields development, the City’s Housing Strategy requires provision of “a range of medium density and small lot residential housing types adjacent to areas of higher amenity such as open space”. The proposed Residential R40 density is classified as a Medium Density Code in the Residential Design Codes providing for a minimum and average lot size of 200m2 and 220m2 respectively and therefore the proposal is considered to be satisfactory. Traffic The proposal is anticipated to house 72 to 100 additional people. The additional traffic generated will be about 360 vehicles per day (vpd), at the rate of 10 vpd per dwelling, which is not likely to impact on the surrounding street capacity. The surrounding roads are designed as Neighbourhood Connectors. Traffic counts previously undertaken by the City’s Infrastructure Directorate recorded the volume of traffic on Seagrove Boulevard and Dalvik Avenue as 860 and 1660 vpd in 2003 and 2005 respectively. Since Merriwa is an established suburb, it is not likely that there would have been a significant increase in traffic since then. Therefore the additional traffic to be generated by the proposal is not likely to affect the traffic on these roads. Proposed R40 Development The R40 grouped dwelling development will be developed by Dream Life Church in order to generate funds to establish the school. It is intended to build the proposal in stages as built stratas. The proposal has taken into account the City’s requirements for access, circulation, pedestrian movement, refuse pick up and dwelling orientation. The site will gain access from Dalvik Avenue and Grand Paradiso Parade. Only a pedestrian access is proposed off Seagrove Boulevard. The internal road width is 7.2 metres.
The site has an east-west cross fall of about 3 metres over a distance of about 190 metres. The applicant is proposing very minimal earthworks. As a result, retaining walls are proposed along the boundary with Dalvik Park. An open style of fence will be provided on the retaining wall to provide views and passive surveillance of the park. The applicant, in the preliminary concept plan, has depicted outdoor living areas and habitable rooms along the boundary with the park to provide surveillance of the park. The applicant has advised that greater detail on the proposed development will be submitted as part of the development application. In this regard it is recommended that the applicant be required to submit a Detailed Area Plan (DAP) prior to the lodgement of a development application, to address and respond to any key design and interface issues relating to the site, while maintaining design flexibility for the applicant. Public Open Space In assessing the Public Open Space (POS) requirement for Merriwa, as per the provisions of the WAPC’s policy, the subject site being a school site was deducted from the net residential area. Since it is proposed to convert a portion of the site into Residential development, the applicant has agreed to pay cash-in-lieu of POS. The required POS area would be 1,125m2. This matter can be addressed at the subdivision stage, when the applicant would be required to make the contribution through a subdivision condition. Summary Drescher & Associates, Planning and Development Consultants, have requested an amendment to DPS 2 to recode a portion of Lot 1803 (60) Seagrove Boulevard, Merriwa from Residential R20 to Residential R40 for the purpose of developing a 36-unit grouped dwelling development and to rezone the remaining portion of the site from Residential R20 to Private Clubs and Recreation Zone to establish a Primary School for a maximum of 290 pupils. The developers, Dream Life Church, propose to utilise the funds generated by the residential development for the maintenance and staffing of the school. The traffic generated by the residential development will be about 360 vpd, which is not likely to affect the current capacity of the surrounding roads. The developers have also advised that the Minister for Education and Training has approved the establishment of the school.
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Adopted by resolution of the Council of the City of Wanneroo at the Ordinary meeting of the Council held on the fifth day of May 2009
................................................. MAYOR
................................................. CHIEF EXECUTIVE OFFICER
Adopted for final approval by resolution of the City of Wanneroo at the meeting of the Council held on the day of and the Common Seal of the City of
Wanneroo was hereunto affixed by the authority of a resolution of the Council in the presence of:
................................................. MAYOR
................................................. CHIEF EXECUTIVE OFFICER
Recommended/Submitted for final approval ....................................................................... DELEGATED UNDER S.16 OF PD ACT 2005
DATE ............................................................ Final Approval Granted ....................................................................... MINISTER FOR PLANNING DATE ...........................................................