Resolution details
DAY 1: 24 OCTOBER 2019
RESOLVED in principal that:
a. The application for subdivision, as set out in Annexure A, on erf 178316 Cape Town, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law 2015, in accordance with the plan indicated in Annexure C, subject to the conditions contained in the attached Annexure A.
b. The application for departures, amendment and deletion of land use conditions, as set out in Annexure A, on erf 178316 Cape Town, BE APPROVED in terms of Section 98(b) of the City of Cape Town Municipal Planning By-Law 2015, subject to the conditions contained in the attached Annexure A.
Reasons for decision and conditions of approval is to be finalized at the continuation SMPTNW meeting on 8 November 2019
FOR INFORMATION: HEYDENRYCH / SEPTEMBER
DAY 2: 8 NOVEMBER 2019
The MPT panel members discussed reasons for approval and APPROVAL of the application for the following reasons:
1. The amendment of the Precinct Plan and subdivision is necessitated by the alteration of the development concept from one of commercial to that of mixed use (predominately residential). The Precinct Urban Design Framework provides adequate guidance in terms of best practise to guide the compilation of Site Development Plans in terms of the Package of Plans approach.
2. The amended built form of the development is an appropriate spatial and statutory response to the context within which the site is located.
The amendment to the subdivision layout and building line setbacks is therefore not considered to materially negatively impact on the surrounding area.
3. The increased height (in this particular location) does not imply an increase in allowable floor space which is limited to 198,000 m² as per previous approval. Furthermore, the height of 95 m on 5 portions of the property is an appropriate design response to both the nature of the development and its location; with the concomitant impacts not being materially negative but resulting in an appropriate scale and form to the development in this part of the City.
4. The 7 levels of parking within the building is not unique, nor is it undesirable as adequate screening methods will be introduced and portions of such parking could be converted to office or residential space given the floor to slab/ceiling height of such parking levels.
Furthermore, the ground floor which will be an active edge 7.5 m high is at an appropriate human scale at street level and could also contain mezzanine retail areas. The reality of 2 levels of basement parking is a physical constraining factor necessitating the creation of parking within the building.
5. The increased height of the building is acceptable given the height of nearby buildings and the framing of the site by a harsh Freeway environment. There are numerous buildings that make up the CBD which are at similar or higher height. The enclave nature of the site located between major arterial routes justifies celebration with prominent buildings to form part of the CBD gateway.
6. The socio-economic benefit of substantial inner-city residential densification in the form presented (towers on podium with an active public interface base (ground floor) and 8th floor) outweighs the perceived concerns about the height at the upper levels. The development proposal provides a desirable architectural form where the nature of the development is different and responding to changing market circumstances. Public access is available predominantly at ground level and at 8th floor level.
7. The proposal promotes contextually appropriate densification and promotes the sustainability of public transport. Whereas the development incorporates largely residential, the parking ratio has been reduced in keeping with the availability of nearby Public Transport. Furthermore, the provision of parking on the periphery of the CBD will contribute to alleviating traffic congestion in the CBD.
8. The proposal is compatible with the surrounding built and receiving environment and provides an opportunity for an active interface with the public realm in this location. The proposal to incorporate motor showrooms which is commonplace in other buildings opposite and near the subject property (and is a primary use right in this use zone) does not preclude the incorporation of more pedestrian-orientated retail uses; with the development of residential apartments on the subject property, the nature and spectrum of retail usage will change over time in accordance with market demand.
9. The proposal will not have a materially negative impact on the surrounding area given the nature of surrounding use (which is predominantly office/service station/motor showrooms) as well as the framing of the development by high order Freeways and roads.
10. The existing rights of surrounding neighbours will not be materially negatively affected; in fact, the converse will be realized where a modern residential and retail development will serve to enhance the character and amenity of the area.
11. The proposal provides a bold, contemporary architectural design that would be an asset to the building fabric in the area. Furthermore, the covered pedestrian concourse is appropriate given local climatic conditions and has the potential to become an important new multi-purpose destination in the CBD.
12. The proposal presents a spatial logic that responds meaningfully to its location and is deemed to be consistent with the MSDF and the TBDP as well as being predominantly consistent, generally aligned and in compliance with a broad range of Municipal Policies and Strategies. In this respect the Transport Orientated Development Strategy, Tall Building Policy, Densification Policy, Urban Design Policy and Social and Economic Development Strategies are regarded as being satisfactorily fulfilled.
13. Due consideration has been given to the Development Principles contained in Section 7 of the Spatial Planning and Land Use Management Act No. 16 of 2013.
In this regard the proposal justifiably transforms the use and spatial configuration of the land to achieve socio-economic benefit to the broader community as well as providing infrastructural improvements linking the fringe of the CBD with the future development of Culemborg.
The development adheres to the principle of spatial sustainability in that it promotes the intensification and densification of development; thereby limiting urban sprawl. The development is regarded as being efficient in that the proposal optimizes the use of existing resources and infrastructure and contributes to the improvement of the public and private realm.
14. The Precinct Urban Design Framework is sufficiently flexible to enable detailed design to be effected at the Site Development Plan stage.
15. The deletion and amendment of previous conditions of approval are fully justified and merited given the amended development concept which responds to changing market circumstances.
16. Taking the application submission made, as well as the above into consideration, the proposal is deemed to satisfy the desirability criteria contained in Section 99 (3) of the MPBL and is deemed to satisfy the minimum threshold requirement of Section 99 (1) of the MBPL. The proposal also predominantly satisfies the decision-making criteria contained in Section 99 (2) of the MPBL.
Annexure A is amended as per MPT decision of 24 October 2019 as follows:
1. APPLICATIONS GRANTED IN TERMS OF SECTION 98 (b) OF THE BYLAW:
1.1. Subdivision amendment
1.1.1. To amend the subdivision plan of the property into seven (7) portions:
1.1.1.1. Portion A: ±3036m2, Portion B: ±4913 m2, Portion C: ±4913 m2, Portion D: ± 6121 m2, Portion E: ±4300 m2, Portion F: ±4235 m2, and Portion G: ±25965 m2.
1.2. Departures from the approved 2012 applications:
Floor space
1.2.1. Departure to allow the 2012 approved floor space of 198000m2 to be floating floor space used over all the portions and not allocated to particular portions.
Building heights
1.2.2. Departure from the 2012 approved heights to the following:
1.2.2.1. Portion A: 40m in lieu of 60m.
1.2.2.2. Portions B and C: 95m in lieu of 30m and 44m.
1.2.2.3. Portion D: 95m in lieu of 44m and 54m and 48m in lieu of 37m
1.2.2.4. Portions E and F: 95m in lieu of 54m and 72m.
1.2.2.5. Portion G: 38m in lieu of 0m and 12m (and 2m below the underside of the freeway).
Building setbacks
1.2.3. To permit street and common boundary setbacks of 0m on all land units up to 95m high, except for a 5m setback adjacent to the Nelson Mandela Boulevard Freeways bridge structures, as per SD6 dated February 2019.
Parking
1.2.4. Departure to permit a parking ratio of 1 on-site parking bay per flat with 2 and more bedrooms in lieu of 1.25 on-site parking bays.
1.3. Deletion of the following 2012 approval conditions:
1.3.1. Condition 5.12 of 2012 relating to the appointment of specialists to make recommendations into the SDP and Building Plan submissions.
1.3.2. Condition 5.13 (1) and (4): Relating to the establishment of review committee; and compliance with the Urban Design and Architectural Controls Document dated September 2011.
1.4. Amendment of the following 2012 conditions:
Precinct Plan
1.4.1. Condition 5.1.1: Precinct Urban Design Framework, dated June 2019.
1.4.2. Condition 5.2: Development on the subject property shall comply with the urban design principles contained within the Precinct Urban Design Framework, dated June 2019, and with the height and setback parameters as indicated on Plans SD5 and SD6 (dated February 2019), to the satisfaction of the Director: Development Management.
1.4.3. Condition 5.4: The Precinct Urban Design Framework, dated June 2019, shall only be amended with the approval of the Director: Development Management.
1.4.4. Condition 5.6: Prior to Building Plan submission the land owners/developers shall submit and obtain approval for a detailed SDP per land unit or portion thereof to the satisfaction of the Director: Development Management. Such SDP is to comply with the SDP requirements of Item 123 of the Municipal Planning By-Law.
Floor space
1.4.5. Condition 5.9: A floor area and land use schedule shall accompany each detailed SDP submission relative to the total permissible floor space of 198000m2 in terms of utilised floor space and remaining floor space within the precinct basket of rights, to the satisfaction of the Director: Development Management.
Parking and TIA
1.4.6. Condition 5.37: To amend the parking ratios for Residential Units with 2 and more bedroom flats to have 1 bay per unit (which includes visitor’s bays).
1.4.7. Condition 5.39: Prior to the finalisation of construction work on the individual land units or portions thereof, the required infrastructure upgrading shall be completed as per the phased approach specified within the Harbour Arch TIA dated December 2018, or as amended, to the satisfaction of Council’s Director: Roads and Stormwater and Council’s Director: Transport.
1.4.8. Condition 5.41: Prior to the development exceeding an actual floor area of 98 000m², an updated TIA shall be approved by the City’s Director: Transport. Such TIA shall measure the current and possible future impact of the development and provide clear evidence that the relevant road network performance is/will be at levels acceptable to Council and any additional road infrastructure or other improvements deemed necessary by Council (in its sole discretion) shall be completed at the land owner’s/ developer’s cost and to the satisfaction of the Director: Transport.
Landscaping plan
1.4.9. Condition 5.13(bullet point 5): Landscaping of the subject property and larger area and landscaping/maintenance of the landscaping as per the Landscape Framework Plan dated December 2018.
1.4.10. Condition 5.45: The property and adjacent areas shall be landscaped generally in accordance with the principles and recommendations contained within the Landscape Framework Plan dated December 2018, to the satisfaction of the Director: Development Management and the Director: City Parks. Each detailed SDP submission shall be accompanied by a landscape plan drawn up by a registered landscape architect showing compliance with the above-mentioned Landscape Framework Plan. The landscaping indicated on the SDP shall be implemented within 6 months of issuance of an occupancy certificate, with the appointed landscape architect providing certification of implementation of the landscaping. (Note: The cost of the implementation and maintenance of the new landscaping shall be borne by the land owners/ developers.)
1.4.11. Condition 5.46: Prior to finalisation of construction work on the subject property or at such time as specified by the Director: City Parks, the landscaping of the open space area adjacent to the south-west of the subject property and the Christiaan Barnard Street road reserve landscaping areas, as indicated on the Landscape Framework Plan dated December 2018, shall be completed to the satisfaction of the Director: City Parks.
Head lessee
1.4.12. Conditions 5.13, 5.19, 5.21, 5.25, 5.28, 5.29, 5.30, 5.32, 5.33, 5.42, 5.47, 5.48, 5.49, 5.51, 5.52 and 6.1 to replace the reference to ‘head lessee’ with ‘land owner/developer’. The reference to ‘individual leasehold area’ in 5.28 to be replaced with ‘individual subdivided portion’
Servitudes
1.4.13. Condition 6.2.1: Right of Way (roads) servitudes shall be registered in favour of the general public over the subject property as indicated on the plan of subdivision SD3 dated July 2019
1.4.14. Condition 6.2.2: A right of way (pedestrian access) servitude shall be registered in favour of the general public at ground level over the subject the subject property as indicated on the plan of subdivision SD3 dated July 2019.
1.4.15. Condition 6.2.3: Electrical servitudes shall be registered in favour of Council over the proposed 33kv feeder line and substation, as indicated in servitude plan SD4 dated March 2019
1.4.16. Condition 6.2.4: A services servitude plan to accommodate services servitudes in favour of the respective subdivided portion A-G shall be as per SD4 dated March 2019
2. CONDITIONS OF APPROVAL IMPOSED IN TERMS OF SECTION 100 OF THE BYLAW
2.1. The maximum heights of buildings within Portion G, between the freeways, shall be limited to below the freeway deck.
2.2. All service structures on buildings’ roofs shall be screened with visually impermeable screening, to the satisfaction of the Director: Development Management.
2.3. All structured parking façades shall be appropriately screened to the satisfaction of the Director: Development Management.
2.4. The floor to ceiling heights of each structured parking level shall not be less than 3,2m, to the satisfaction of the Director: Development Management
2.5. An owner’s association must be established, as provided for in part 5 of the MPBL, by the developer and the owner’s association will be responsible for the maintenance of roads, streetscape and publicly accessible areas which are indicated on the Precinct Urban Design Framework plan at their cost. Each owner in any separate block is required to be a member of the owner’s association
Landscaping
2.6. The developer shall ensure that alternative water sources for irrigation purposes are used, and shall be reflected on the building plans, to the satisfaction of the Director: City Parks.
2.7. Trees on public land can only be pruned with the consent of the Director: City Parks.
Transportation / traffic
2.8. Christiaan Barnard / Louis Gardner Street intersection shall be converted to a signalised intersection, at the applicant’s cost, and to the satisfaction of the Director: Transport.
2.9. Splays must be provided at intersections / accesses and that sight triangle be achieved, free of obstructions (landscaping, electrical / telecommunication, etc.) to the satisfaction of the Director: Transport.
Construction Phase Management Plan
2.10. 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 Director: Transport detailing how the construction phase will be managed and its effects (i.e. noise, dust, movement of vehicles, etc.) mitigated.
2.11. The CPMP is required to contain, at a minimum, the following:
2.11.1. A fully dimensioned plan indicating the erf boundaries, the stockpile areas, toilet facilities during construction, entrances and exits to the erf during construction.
2.11.2. 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, materials handling, storage and stockpiles.
2.12. 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.
2.13. The developer is obliged to comply with the CPMP and ensure that the contractors (including sub-contractors) comply with the CPMP.
Development Contributions
2.14. The developer/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 Phase 1 amounts to R14 912 966.51 for Block B and R 14 838 539.47 for Block C, in accordance with the attached DC calculation. It must be noted that development contributions will be subject to annual escalation equal to the construction price adjustment (CPA) from engineering services and the amount payable will be the amount calculated at the time of payment. The development contributions of Blocks B and C (Phase 1) is payable prior to building plan approval or as otherwise agreed in a service level agreement
Engineering services
2.15. 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.
2.16. Stormwater attenuation to be finalised with City Catchment Planning prior to SDP approval as it affects the layout of the site.
2.17. Details to be provided of the repositioning of services in the median along Christiaan Barnard Street for the construction of tunnels, to the satisfaction of the Director: Asset Management and Maintenance.
2.18. The road structures of Jack Craig Street and Martin Hammerschlag Avenue on the property and the servitude road to the east of the property must be designed to accommodate the Transnet trucks, to the satisfaction of the Director: Asset Management and Maintenance.
2.19. The detailed Stormwater Management Plan report to be submitted to the Catchment, Stormwater and River Management Branch for assessment before any work commencement.
2.20. 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 Director: Transport.
2.21. Suitable electrical substations are to be located and installed, at the applicant’s cost, to the satisfaction of the Director: Electrical Services.
3. WITH RESPECT TO THE SUBDIVISION REFERRED TO IN 1 ABOVE, LAND USE CONDITIONS IMPOSED ON ALL PORTIONS IN TERMS OF SECTION 100 OF THE CITY CAPE TOWN MUNICIPAL PLANNING BY – LAW:
3.1. CLEARANCE CERTIFICATE:
3.1.1. Once conditions of subdivision have been met the applicant must apply for a subdivision clearance certificate and such application must be accompanied by the original survey diagrams and/or general plan approved by the Office of the Surveyor General. Documents to be lodged with covering letter to the 2nd floor, Media City Building, Corner Hertzog Boulevard and Heerengracht Road, Cape Town CBD.
3.2. MUNICIPAL SERVICES
3.2.1. Electricity (Tel: 021 444 2183)
3.2.1.1. In accordance with policy and tariffs approved by Council, a connection fee to provide a separate connection to the property boundary shall be paid to each portion, where applicable, before clearance of the subdivision will be granted. The cable shall be routed clear of all other private property, typically within the public road reserve.
3.2.1.2. Electrical infrastructure may exist on the property or in its vicinity. A wayleave shall be obtained from the Electricity Services Department before any excavation work may commence. In this regard, please contact the Drawing and Record Centre Office: North (telephone: 0214442146).
3.2.1.3. Full title properties served by public road:
3.2.1.3.1. The electricity distribution infrastructure shall be installed in the public road reserve.
3.2.1.3.2. Each property shall be metered individually by the City.
3.2.1.4. Any alterations or deviations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant's cost, to the satisfaction of the Electricity Services Department.
3.2.2. Refuse collection
3.2.2.1. Should the owner/s make alterations or additions to the Residential Property or Subdivide the Property into 2 or more portions for Residential Purposes and require Additional Refuse Containers / Bins, the owner/s must liaise with the Corporate Call Centre for Solid Waste Management Enquiries on 086 010 3089 to make the necessary arrangements. The owner/tenants are required to Place the Refuse bin/s on their nearest access Road – the Kerbside (Sidewalk) of a Public Street on the Scheduled Day of Refuse Collection.
3.3. GIS/DATA CAPTURE: (Tel: 021 4441458 (Nina.vanstaden@capetown.gov.za)
3.3.1. The following street numbers shall apply to the subdivided portions to the satisfaction of the Director: Development Management and shall be to the applicant’s cost prior to diagram clearance:
3.3.1.1. Portion A – 3 Christiaan Barnard Street
3.3.1.2. Portion B – 7 Christiaan Barnard Street
3.3.1.3. Portion C – 11 Christiaan Barnard Street
3.3.1.4. Portion D – 13 Christiaan Barnard Street
3.3.1.5. Portion E – 9 Christiaan Barnard Street
3.3.1.6. Portion F – 5 Christiaan Barnard Street
