REZONING WITH CONDITIONAL USES TO ALLOW A BOUTIQUE GUESTHOUSE WITH A CONFERENCE FACILITY INCLUDING A DEPARTURE FOR THE RELAXATION OF A BUILDING LINE

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APPLICATION TYPE: PROPERTY DESCRIPTION: MUNICIPAL AREA: REZONING WITH CONDITIONAL USES TO ALLOW A BOUTIQUE GUESTHOUSE WITH A CONFERENCE FACILITY INCLUDING A DEPARTURE FOR

1 APPLICATION TYPE: PROPERTY DESCRIPTION: MUNICIPAL AREA: REZONING WITH CONDITIONAL USES TO ALLOW A BOUTIQUE GUESTHOUSE WITH A CONFERENCE FACILITY INCLUDING A DEPARTURE FOR THE RELAXATION OF A BUILDING LINE ERF 864 CONSTANTIA CITY OF CAPE TOWN SOUTHERN DISTRICT APPLICANT: WARREN PETTERSON PLANNING OWNER: GOVERNMENT OF THE NETHERLANDS DATE: MAY 2012

2 The Manager: Strategy & Planning Department: Planning and Building Development Management City of Cape Town - District H Plessey Building Main Road Plumstead May 2012 Dear Sir/Madam APPLICATION TO REZONE ERF 864 CONSTANTIA FROM SINGLE DWELLING RESIDENTIAL TO GENERAL RESIDENTIAL WITH CONDITIONAL USES TO ALLOW A BOUTIQUE GUESTHOUSE WITH A CONFERENCE FACILITY INCLUDING A DEPARTURE FOR THE RELAXATION OF A BUILDING LINE Please find attached our motivation for the rezoning of Erf 864 Constantia from single dwelling residential to general residential with conditional uses to allow a boutique guesthouse (hotels) with a conference facility (special place of assembly). Furthermore, a departure application is also made in terms of Section 15(1)(a)(i) of Ordinance 15 of 1985 for the relaxation of the rear building line from 9.5m to 5.9m to accommodate the existing manor house. All supporting documentation is included. Please notify us should any additional information be required. We look forward to your positive consideration of this application. Yours faithfully Warren Petterson

3 1 INTRODUCTION Erf 864 is situated on Southern Cross Drive in upper Constantia. With an extent of m² this property is one of the larger single dwelling residential properties in the area. Historically the property was used as the official residence of the Dutch Consulate General in Cape Town and the design of the manor house reflects the function it had to perform. The property was recently offered on sale by the Government of the Netherlands. The single dwelling residential zoning of the property only permits the property to be used for the erection of a dwelling house occupied by a single family. Our client (the new owner) is of the opinion that no single family will be able to utilize this large property and manor house optimally given its design and its previous use. By rezoning the property from single dwelling residential to general residential with conditional uses to allow a boutique guesthouse with a conference facility the client aims to utilize this large property and manor house optimally in a manner that compliments the exclusive nature of this part of Constantia. In accordance with Section 17(1) of the Land Use Planning Ordinance (Ordinance 15 of 1985) and the Cape Divisional Council Town Planning Regulations this motivation serves as an application for the rezoning of Erf 864, Constantia from single dwelling residential to general residential with conditional uses to allow a boutique guesthouse (hotels) with a conference facility (special place of assembly). In terms of the general residential zone of the Cape Divisional Council Town Planning Regulations a 9.5m side and rear building line is applicable to conditional uses of the before mentioned zoning. A departure application is therefore required for the relaxation of the 9.5m to 5.9m to accommodate the portion of the existing manor house that encroaches. 2 THE APPLICANT The property is owned by the Government of Netherlands under Title Deed T7731/949. During a meeting held on 29 November 2011 by the Minister of Foreign Affairs for the State of the Netherlands it was decided that Erf 864, Constantia be sold to Ms G Hyslop. Warren Petterson Planning was appointed by Ms G Hyslop to apply to the relevant authority for the rezoning of the Erf 864 from single dwelling residential to general residential with conditional uses to allow a boutique guesthouse (hotels) with a conference facility (special place of assembly). A Power of Attorney and the sales resolution is attached as Annexure B.

4 3 DESCRIPTION OF PROPERTY Erf 864 Constantia is situated on Southern Cross Drive and measures m² in extent as per the SG Diagram (see Annexure A). The property has a wide street frontage of nearly 200m with 2 vehicle access/egress points off Southern Cross Drive. In terms of improvements, the undoubted feature of the property is the thatch roofed manor house. The manor house was designed to host and accommodate guest and has no less than 6 reception/conference rooms and a large dining room seating up to 50 guests. There is also a library/study and a number of bedrooms and full bathrooms. Several rooms are fitted with teak wood ceilings, floors of parquet wood and fireplaces. Other improvements on the property include a swimming pool, 2 separate cottages (1 of which is semi-detached to the manor house), 3 garages, 2 wooden guardrooms, a small garden shed and a generator. A large paved courtyard area provides parking for several cars. The property has beautiful natural features, including a beautiful garden with rolling lawns, a variety of mature indigenous and alien trees surrounding the manor house. A borehole with a water reservoir is also found in the northern part of the garden. The property is relatively level where the manor house is situated and slopes down towards Southern Cross Drive in a south eastern direction (see attached contour map marked Annexure A). The manor house enjoys views of False Bay, Hottentots Holland Mountains and Constantia Nek. The property is registered under Title Deed number T7731/949. A Conveyancer has scrutinized the Title Deed and there are no conditions prohibiting our proposal (see Annexure C). 4 SURROUNDING AREA The property is situated in the lush residential suburb of Upper Constantia. The land uses surrounding the property are predominantly residential (with some large properties partially or entirely used for guest accommodation and associated facilities), public open spaces and vineyards to the west of the property. The M3 local distributor road runs approximately 3 kilometres to the east and Rhodes Drive approximately 1 kilometre to the north of the subject property.

5 5 ZONING AND LAND USE The property is zoned single dwelling residential in terms of the Cape Divisional Council Town Planning Regulations and is currently developed with a single dwelling house, a swimming pool, 2 separate cottages and outbuildings. A zoning map for the area is attached as Annexure A. The property was historically used as the Dutch Consulate in Cape Town and was used for meetings, conferences and hosting groups of officials and guests. With a number of dedicated reception/conference rooms and a large dining room that can seat up to 50 guests the design of the manor house reflects the function it had to perform as an official residence. 6 PROPOSAL 6.1 Rezoning This proposal is for the rezoning of Erf 864 Constantia from single dwelling residential to general residential in order to apply in terms of the Cape Divisional Council Town Planning Regulations for conditional uses to allow a boutique guesthouse (hotels) with a conference facility (special place of assembly). In addition, this proposal includes the construction of a new dwelling to serve as a manager s house. The owner is still unsure as to the position of the dwelling house and it is not indicated on the plans. However dwelling houses are still a predominant use under the proposed general residential zoning and building plans will be submitted to council. 6.2 Conditional uses According to the City of Cape Town Guest Accommodation Policy a guesthouse is defined as a dwelling-house or second dwelling which is used for the purpose of supplying lodging and meals to transient guests for compensation, in an establishment which exceeds the restrictions of a bed and breakfast establishment, and may include business meetings or training sessions for resident guests. This proposal includes an application for conditional uses in terms the Cape Divisional Council Town Planning Regulations to allow a boutique guesthouse (hotels) with a conference facility (special place of assembly). The proposed boutique guesthouse with a conference facility will offer the following to resident guests only:

6 A maximum of 10 guest bedrooms (providing accommodation for up to 30 guests), A dining area, A conference/lecture room, A swimming pool, Onsite parking. All rooms in the manor house, except for the 2 cottages are inter-leading. No major alterations to the manor house are planned and it could therefore be easily reverted back to a single dwelling. Any alterations (internal or external) to the building are subject to the submission of a building plan and heritage approval if required. 6.3 Regulation Departure In terms of the general residential zone of the Cape Divisional Council Town Planning Regulations a 9.5m side and rear building line is applicable to conditional uses of the before mentioned zoning. The existing manor house complies with the parameters of the current single dwelling residential zoning but partially encroaches the 9.5m building line of the proposed general residential zoning. No alterations are planned to the portion of the existing manor house that encroaches. A departure application is therefore required for the relaxation of the 9.5m to 5.9m to accommodate the portion of the existing manor house that encroaches. 6.4 Access and Parking The property has a wide street frontage of nearly 200m with 2 vehicular access/egress points off Southern Cross Drive. The entrance is located in the south eastern corner of the property and the exit to the north eastern corner. A paved/tarred road leads up to the parking area behind the manner house. The position of access/egress points and the fact that the entrance is separate from the exit regulates the onsite traffic flow and will prevent congestion in Southern Cross Drive. Ample space is available for small loading vehicles and for the 13 onsite parking bays as required by the City of Cape Town Guest Accommodation Policy.

7 6.5 Services This part of Constantia is well serviced by bulk infrastructure, including electricity, water and storm water drainage. The additional pressure from the proposed boutique hotel with conference facility on these services will be minimal and occur on an irregular basis. 7 MOTIVATION The proposed boutique guesthouse with conference facility complies with the guidelines as prescribed by the City of Cape Town Guest Accommodation Policy and is regarded to be desirable for the following reasons: The proposed boutique guesthouse with a conference facility is categorized as a medium scale establishment (up to 30 guests) that is acceptable in a conventional residential neighborhood. The proposal will have no detrimental impact on the character and existing rights of the surrounding properties. Constantia is well known as a tourist destination and for its luxurious accommodation. There are numerous establishments in the area providing similar guest accommodation and conference facilities as proposed. The property was historically used as the official residence of the Dutch Consulate General in Cape Town and the design of the building reflects the function it had to perform. Meetings and conferences were held on a regular basis and accommodation was provided to guests. The property is situated on Southern Cross Drive that serves as a neighborhood distributor. Southern Cross Drive connects Rhodes Drive to the M41/M3 via Brommersvlei Road and provides access to lower order residential roads in the area. Our client (the new owner) is of the opinion that no single family will be able to utilize this large property and manor house optimally given its design and historical role it had to fill. This proposal encourages the optimal use of the property in manner that compliments the exclusive nature of this part of Constantia. A separate application will be submitted to the Liquor Board and the sale of alcohol will be determined by the Board.

8 Ample space for onsite parking is available. The position of the access/egress points and the fact that the entrance is separate from the exit regulates onsite traffic flow and will prevent congestion in Southern Cross Drive. The residential character of the property is to be maintained and no major alterations are planned. All rooms in the manor house, except for the 2 existing cottages are inter-leading and the manor house could easily be reverted back to a single dwelling. The property is well screened from neighbours and the street by mature trees. The boutique guesthouse with conference facility is of such a nature and small scale that it will not be intrusive to its surroundings in any way. The size of this property also reduces the possibility of any impact on the neighbours. 8 CONCLUSION This application is consistent with the guidelines as prescribed by the City of Cape Town Guest Accommodation Policy and is by no means detrimental to the character of Constantia and the surrounding residents. The property was historically used as the official residence of the Dutch Consulate General in Cape Town and the design of the buildings reflect the function it had to perform. Meetings and conferences were held on a regular basis and accommodation was provided to guests. We are therefore of the opinion that this proposal is a continuation in use of this property for guest accommodation with a conference facility. Based on the above, we feel that this proposal should be considered positively and have the benefit of your support.

9 CONTENTS COVERING LETTER 1 INTRODUCTION 2 THE APPLICANT 3 DESCRIPTION OF PROPERTY 4 SURROUNDING AREA 5 ZONING AND LAND USE 6 PROPOSAL 6.1 Rezoning 6.2 Conditional Use 6.3 Regulation Departure 6.4 Access and Parking 6.5 Services 7 MOTIVATION 8 CONCLUSION ANNEXURES: ANNEXURE A: Plans Figure (i): Aerial Map Figure (ii): Locality Map Figure (iii): Cadastral and Zoning Map Figure (iv): Site Plan Figure (v): Contour Map Figure (vi): SG Diagram ANNEXURE B: ANNEXURE C: ANNEXURE D: Power of Attorney and Sales Resolution Conveyancer s Certificate and Title Deed Application Form

10 ANNEXURE A: Plans

11 ANNEXURE B: Power of Attorney and Sales Resolution

12 ANNEXURE C: Conveyancer s Certificate and Title Deed

13 ANNEXURE D: Application form

NELSON MANDELA BAY M U N I C I P A L I T Y

NELSON MANDELA BAY M U N I C I P A L I T Y Portion 56 of the farm Chelsea No. 25 Nelson Mandela Bay Municipality Application for : Subdivision into four portions (Portions A D) Portion A : - Rezoning to