Resolution details
RESOLVED that:
The application for City approval in terms of the Development Management Scheme, departures and rezoning, as set out in Annexure A, on Erf 2052 Fresnaye, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law 2015.
REASONS FOR DECISION
The MPT APPROVED the application for the following reasons:
1. The proposed General Business Subzone 7 rezoning is in this instance a technical issue and the only statutory measure to enable the proposed built form to be achieved that would be appropriate in this particular location
2. The increased height in this particular location is acceptable given the surrounding building context; the proposal is located in a distinct focal area in the urban fabric that justifies celebration with a prominent building. The benefits of an appropriately scaled lower level, public interface and more slender tower outweigh perceived concerns about height at the upper levels. The proposed development provides a more desirable urban and architectural form than the previously approved development
3. The proposal promotes contextually appropriate densification and promotes the sustainability of public transport; also through the reduction of on-site parking
4. The proposal is compatible with the surrounding built and receiving environment and provides an active and appropriate interface with the public realm in this location
5. The proposal will not have a materially negatively impact on the surrounding area given its improved design and response to the receiving environment of this particular location
6. The existing rights of the surrounding neighbours will not be significantly negatively affected
7. The proposal provides a bold, contemporary architectural design that would be an asset to the area
8. The proposal has a spatial logic that responds to this location and is consistent with the Metropolitan Spatial Development Framework (2018) and the Table Bay District Plan (2012) as well as being predominantly consistent and generally aligned with a broad range of Municipal policies and strategies as elaborated on in Section 6 of the Departmental report
9. The proposal will include 20% inclusionary housing units of the total number of units; such initiative by the private sector is commendable and in keeping with the principles/provisions set out in Provincial and National legislation; being the Land Use Planning Act (2014) and the Spatial Planning and Land Use Management Act (2013)
10. The proposal is deemed to satisfy the desirability criteria contained in Section 99(3) of the Municipal Planning By-Law (2015) and is deemed to satisfy the minimum threshold requirements contained in Section 99(1) of the Municipal Planning By-Law (2015). The proposal also predominantly satisfies the decision-making criteria contained in Section 99(2) of the Municipal Planning By-Law (2015)
AMENDMENTS TO CONDITIONS CONTAINED IN UPDATED ANNEXURE A
Note: Throughout this report, and all future reports, the words ‘for the approval of’ must be linked to the ‘authorized Official’.
2.1.1.7 Access (both vehicular and pedestrian);
shall be submitted to the authorized Official for approval [as part of a Development Management application process Section 42(m) of the MPBL], prior to building plan submission
2.2 A landscaping plan detailing landscaping on the property and within the public realm, subject to an agreement being concluded with the relevant City Department, shall be designed by a qualified professional landscape architect and submitted for consideration and approval by the authorized Official, prior to building plan submission
2.2.2 New trees to be planted shall be indigenous and be a minimum of 1000 litre bag size
2.24 Any trees removed, destroyed or damaged to cause them to die, during the construction and maintenance phase, shall be replaced by the developer at their own cost in compliance with the above conditions, to the satisfaction of the Director: Development Management
Delete 2.2.5
Renumber 2.2.6 to be 2.2.5
Amend renumbered 2.2.5:
The approved landscaping plans in 2.2 above shall be implemented by and at the owner/developer’s cost within 3 month of an occupancy certificate being issued
Add new 2.2.6:
Landscaping to be implemented on public land is subject to, and in liaison with, the authorized official for approval
2.3 Inclusionary housing
2.3.1 A minimum of 28 residential units or 20% of the total number of residential units (whichever is greater) shall comprise inclusionary housing units as defined in clause 2.3.2, which shall have a floor area of a minimum of 35m2 in extent per unit
2.3.2 An inclusionary housing unit means a unit that is affordable to a household earning a maximum household income of R 20 000.00 per month at 2019 levels with an annual increase equal to the annual CPIX issued by StatsSA
Replace 2.4 with:
The residential units to be allocated for inclusionary housing units must be shown as inclusionary housing units on the building plans to be submitted for approval by Council
Add new 2.5:
The developer must submit, prior to the occupation of any unit, to the satisfaction and approval of the authorized Official, suitable ownership and management mechanisms that will ensure that the residential units as contemplated in 2.3 shall remain affordable in perpetuity
Renumber the existing 2.5 in the case officer’s report to 2.6; update numbering sequence accordingly
Loading bays:
2.6 The placement, dimensions and access of the loading bays proposed along Gorleston Road shall be to the satisfaction of the Director: Development Management (after consultation with the Director: Asset Management and Maintenance).
2.8 A Construction Phase Management Plan (CPMP) shall be submitted and approved prior to building plan approval or unless determined otherwise by the Director: Development Management, to the satisfaction of the authorized Official, detailing how the construction phase will be managed and its effects (i.e. noise, dust, movement of vehicles, pre-construction survey, etc.) mitigated.
2.9 The developer must submit an A3 plan indicating significant elements of the CPMP
2.13 Detailed engineering services plans be prepared by a professionally registered engineer and submitted prior to the commencement of any works, to the satisfaction of the authorized Official
2.14 A Unigear substation (or equivalent) with approximate dimensions of 10m x 7m is to be accommodated on the Irwinton Street side of the building with access doors opening outward to the public road sidewalk, to the satisfaction of the Director: Electricity Services.
2.17 The owner shall pay a development charge (DC) in accordance with the Development Charges Policy for Engineering Services for the City of Cape Town. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R 17 236 574.46. It must be noted that this amount is calculated for the period up until 30 June 2019 and that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA. The DC’s will be payable prior to approval of building plans.
Add new:
2.18 Standard requirements with respect to solid waste shall be adhered to, where required, to the satisfaction of the Director: Solid Waste Management
ANNEXURE A
(As per the decision of the MPT on 12 March 2019)
In this annexure:
“City” means the City of Cape Town
“The owner” means the registered owner of the property
“The property” means Erf 2052 Fresnaye, 15 Kloof Road, Sea Point
“Bylaw” and “Development Management Scheme” has the meaning assigned thereto by the City of Cape Town Municipal Planning Bylaw, 2015 (as amended)
“Item” refers to the relevant section in the Development Management Scheme
“ED:SPE” means Executive Director: Spatial Planning and Environment or his/her delegatee.
“Director: DM” means Director: Development Management or his/her delegatee.
CASE ID: 70422207
1. APPLICATIONS APPROVED IN TERMS OF SECTION 98 (b) OF THE BYLAW:
Rezoning
1.1. To rezone the property from General Residential Subzone 5 and General Business Subzone 5 to General Business Subzone 7.
Departures:
1.2. Item 60(d)(i): To permit the maximum height of the building (from base level to top of roof), for a services screen wall, to be 60.795m in lieu of 60m.
1.3. Item 60(d)(i): To permit the maximum height of the building (from base level to top of roof), for a lift overrun, to be 61.295m in lieu of 60m.
1.4. Item 60(e): To permit the building (over 38m in height above base level) from the street boundary (Irwinton Road) to be:
1.4.1. 3.340m in lieu of 3.750m on the 14th storey;
1.4.2. 3.860m in lieu of 5.335m on the 15th storey;
1.4.3. 3.340m in lieu of 6.920m on the 16th storey;
1.4.4. 3.690m in lieu of 8.505m on the 17th storey;
1.4.5. 3.340m in lieu of 11.000m on the 18th storey;
1.5. Item 60(e): To permit the building (over 38m in height above base level) from the street boundary (Kloof Road) to be:
1.5.1. 2.910m in lieu of 3.750m on the 14th storey;
1.5.2. 2.910m in lieu of 5.335m on the 15th storey;
1.5.3. 2.910m in lieu of 6.920m on the 16th storey;
1.5.4. 2.910m in lieu of 8.505m on the 17th storey;
1.5.5. 2.910m in lieu of 11.000m on the 18th storey;
1.6. Item 137(1): To permit 315 on-site parking bays in lieu of 330 on-site parking bays.
City Approval:
1.7. Item 89: To permit landscaping elements and structures within the Transport Zone 2 area.
1.8. Item 121(2): To permit portions of the building to be 0m in lieu of 5m from a Proclaimed Main Road / designated metropolitan road.
2. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW
Development plan
2.1. The building shall be generally in accordance with the plans drawn by Vivid Architects, Project The Fulcrum - Erf 2052 – Sea Point, Fresnaye;
Drawing Number: 1709 02-200, dated 06/26/17, Revision D;
Drawing Number: 1709 02-201, dated 04/20/18, Revision D;
Drawing Number: 1709 02-202 and 203, both dated 11/08/17, both Revision E;
Drawing Number: 1709 02-204, dated 02/08/18, Revision E;
Drawing Number: 1709 02-205, dated 02/06/18, Revision E;
Drawing Number: 1709 02-206, dated 06/07/18, Revision F;
Drawing Number: 1709 02-207 and 208, both dated 05/09/18, both Revision E;
Drawing Number: 1709 02-209, dated 11/08/17, Revision D;
Drawing Number: 1709 02-210, dated 08/08/18, Revision B;
Drawing Number: 1709 02-211, dated 08/07/18, Revision B;
Drawing Number: 1709 02-212, dated 07/11/18, Revision C;
Drawing Number: 1709 02-213, dated 08/20/18, Revision B;
Drawing Number: 1709 02-217, dated 08/20/18, Revision A;
Drawing Number 1709 02-218 - 235, all dated 10/02/18, all Revision A;
(as indicated in the attached Annexure C of the MPT report), to satisfaction of the Director: Development Management.
2.1.1. In terms of 2.1 above, details of the building design along all façades shall include the following:
2.1.1.1. Fenestration;
2.1.1.2. Articulation;
2.1.1.3. Balconies;
2.1.1.4. Wall massing;
2.1.1.5. Canopies;
2.1.1.6. Wind mitigation features,
2.1.1.7. Access (both vehicular and pedestrian);
and shall be submitted to the Director: Development Management for approval [as part of a Development Management application process Section 42(m) of the MPBL], prior to building plan submission (unless otherwise determined by the Director: DM).
Landscaping plan
2.2. A landscaping plan detailing landscaping on the property and within the public realm shall be designed by a qualified professional landscape architect, shall be submitted prior to building plan submission and shall be to the satisfaction of the Director: DM, with approval prior to building plan approval.
2.2.1. The landscaping plan indicated in 2.2 above shall indicate the following:
2.2.1.1. Hard and soft landscaping
2.2.1.2. Street furniture
2.2.1.3. All existing trees (including location, size, type and species)
2.2.1.4. Trees to be removed
2.2.1.5. Trees to be planted (indicating location, size, type and species)
2.2.1.6. Location of services
2.2.2. New trees to be planted shall be indigenous and be a minimum of 1000 litres.
2.2.3. New trees planted shall be maintained by the applicant for a minimum of 24 months and watered via alternative water sources.
2.2.4. Any trees removed, destroyed or damaged to cause them to die, during the construction phase, shall be replaced by the developer at their own cost in compliance with the above conditions, to the satisfaction of the Director: DM.
2.2.5. The landscaping plan shall be implemented within 3 months of occupation being issued of the proposed development.
2.2.6. The approved landscaping plans in 2.2.2 above shall be implemented by and at the owner/developer’s cost within 3 month of occupancy certificate being issued.
Inclusionary housing
2.3. A minimum of 28 residential units or 20% of the total number of residential units (whichever is greater) shall comprise of affordable housing units * which shall have a floor area of between 35m2 and 39m2 in extent.
(* Note: An affordable housing unit is considered to comprise of a household earning a maximum household income of R20000 per month).
2.4. Building plan shall contain floor plate layouts that shall contain a mix of unit types/sizes, to the satisfaction of the Director: DM.
Loading bays
2.5. The placement, dimensions and access of the loading bays proposed along Gorleston Road shall be to the satisfaction of the Direction: Development Management (after consultation with the Director: Asset Management and Maintenance).
2.6. A banker’s guarantee shall be provided for the loading bays along Gorleston Road, to the satisfaction of the Director: Asset Management and Maintenance, prior to building plan approval.
Construction Phase Management Plan
2.7. A Construction Phase Management Plan (CPMP) shall be submitted and approved prior to building plan approval or unless determined otherwise by the Director: DM, to the satisfaction of the Commissioner: TDA, detailing how the construction phase will be managed and its effects (i.e. noise, dust, movement of vehicles, pre-construction survey, etc.) mitigated.
2.8. The developer must submit an A3 plan indicating all elements of the CPMP.
2.9. The CPMP is required to contain, at a minimum, the following:
2.9.1. A fully dimensioned plan indicating the erf boundaries, the stockpile areas, toilet facilities during construction, entrances and exits to the erf during construction.
2.9.2. A detailed explanation on how the following issues are to be dealt with: dust control, erosion control, construction traffic (i.e. comprehensive traffic accommodation plan), demarcation of site, ablution facilities, waste management during construction, protection of sensitive features (e.g. trees), materials handling, storage and stockpiles.
2.10. The developer shall comply with, and enforce compliance by contractors, with the provisions of the CPMP during the earthworks, installation of the services and the construction of the building. The developer shall ensure that the CPMP forms part of the contractor’s documentation.
Engineering services
2.11. The developer shall be responsible for all costs incurred in respect of the upgrading, extension, deviation, connection or removal of any existing stormwater, sewerage, electricity, roads or other services or works whether on the property of the Council or any other body having the authority so to require as a result of the development of the property concerned and for any connection costs in respect of such service or works.
2.12. Detailed engineering services plans be prepared by a professionally registered engineer and submitted prior to the commencement of any works, the satisfaction of the Commissioner: TDA.
2.13. A Unigear substation (or equivalent) with approximate dimensions of 10mx7m is to be accommodated on the Irwinton Street façade with access doors opening outward to the public road sidewalk, to the satisfaction of the Director: Electricity Services.
2.14. The miniature substation temporarily situated in Irwinton Street sidewalk, with the construction hoarding area is required to be relocated to a suitable space on the opposite side of the road. Should this not be possible, and additional transformer/RMU room with direct access to the public road and approximate dimensions of 5mx4m must be constructed on the property, to the satisfaction of the Director: Electricity Services.
2.15. The location of the MV switchgear and transformer(s) shall be to the satisfaction of the Director: Electricity Services.
Development Contributions
2.16. The owner shall pay a development charge (DC) in accordance with the Development Charges Policy for Engineering Services for the City of Cape Town. The total amount payable for the proposed land use right in accordance with the attached DC calculation is R 17 236 574.46. It must be noted that this amount is calculated for the period up until 30 June 2019 and that the amount due will be escalated annually with the Construction Price Adjustment Formula (CPAF) using the industry indices of StatsSA. The DC’s will be payable prior to approval of building plans.
FOR INFORMATION: HEYDENRYCH / SEPTEMBER
