MOTIVATIONAL MEMORANDUM: REMOVAL OF RESTRICTIONS AND SIMULTANEOUS REZONING. Erf 44 MELROSE ESTATE

Transcription

1 MOTIVATIONAL MEMORANDUM: REMOVAL OF RESTRICTIONS AND SIMULTANEOUS REZONING Erf 44 MELROSE ESTATE Ground Floor Henley House Greenacres Office Park 13 Victory Road Victory Park 2195 P.O. Box Saxonwold 2132 Tel: Fax: Web:

2 MOTIVATIONAL MEMORANDUM: ERF 44 MELROSE ESTATE ON BEHALF OF UNITYBELL INV (PTY) LTD Compiled by : Title Position Date K. Modise Town Planner February 2017 Reviewed by : Title Position Date S. Cole Director February 2017 FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 2

3 TABLE OF CONTENTS 1. INTRODUCTION GENERAL INFORMATION Locality The Site LEGAL DETAILS Ownership Mortgage Bond Title Restrictions Authorisation SURROUNDING AREA Land Use Surrounding Zoning LAND USE RIGHTS Current Land Use Rights Proposed Land Use Rights ENGINEERING SERVICES Outline Scheme Report Water Sewer Reticulation Traffic Impact Study Access MOTIVATION Need and Desirability Development Policy Spatial Development Principles CONCLUSION FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 3

4 1. INTRODUCTION The purpose of this memorandum is to support the application for the removal of restrictions and simultaneous rezoning of Erf 44 Melrose Estate, herein referred to as the site, in terms of the Spatial Planning and Land Use Management Act, 2013, (Act No. 16 of 2013), read together with the City of Johannesburg Municipal Planning By- Laws 2016, for the removal of restrictions and simultaneous rezoning of the site from Residential 1 to Business 4. The owners of the property seek to change the rights of the property to enable the development of new offices on the premises. 2. GENERAL INFORMATION The general information concerning the subject property is described below : 2.1. Locality Erf 44 Melrose North is located within the City of Johannesburg, surrounded by the Melrose suburb to the north, Birdhaven to the north east, Saxonwold and Parkwood to the south west, and Rosebank to the north west. The subject site is situated on No.1 Eighth Street, Melrose Estate. The locality is shown in the map below: Melrose Birdhaven Rosebank THE SITE Glenhove Road Bolton Road M1 Parkwood Saxonwold Figure 1 : Locality FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 4

5 2.2. The Site The site particulars are indicated as follows: Street Address No. 1 Eighth Street Extent/Size 3854 m² Shape Semi-square Orientation Slightly north east The Site Figure 2: Site Particulars FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 5

6 3. LEGAL DETAILS The legal details of the property are as follows : 3.1. Ownership Details on the site are given in the table below: Property Description Registered Owner Title Deed Erf 44 Melrose Estate Unitybell Inv (Pty) Ltd T50481/ Mortgage Bond There is a mortgage bond registered against the property with Standard Bank of South Africa Ltd. The bondholders consent letter is attached herewith Title Restrictions There are restrictive conditions held against the property in title deed number T50481/2016. The conditions deemed restrictive to the proposed application read as follows: (b) (e) (f) (i) No canteen, restaurant, shop, factory, industry or any place of business whatsoever shall be opened or conducted on the erf. Outbuildings shall be built simultaneously with or after the erection of the dwelling-house, which must be a complete house in accordance with approved drawings and specifications and not less than 124 square meters, exclusive of verandas and porches and shall comprise at least four rooms, together with a kitchen pantry and bathroom; the closets shall not be built to stand separate or apart, but shall be incorporated with the other buildings and no closet flaps shall be exposed to view. The number of buildings to be erected on the erf shall not exceed one private dwelling-house with the necessary outbuildings and accessories thereto. No building shall be erected within 9.14 meters of the southern boundary of the erf. FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 6

7 CONDITIONS REASONS FOR REMOVAL b) In order to construct offices and run a place of business from the property, the stated condition must be officially removed from the title deed. (e) (f) (i) The proposed land use is not inclusive of dwelling purposes, therefore to keep the stated condition is irrelevant to the proposed nature of the use on the land, and therefore may be removed. The proposed office building is not in line with the condition stated in the title deed and we therefore request the removal of the condition. As the property will not be utilized to house a dwelling unit, it would be requested that the conditions not be retained. For the proposed development to occur, the above mentioned restrictive conditions need to be removed from the title deed. With consideration of the transformation of the area from the time the conditions were put in place to now, these conditions can now be proven to be obsolete, more so because the location of the property is no longer in a predominately residential area Authorisation The power of attorney is signed to Saskia Cole or Paul Kotze of Koplan intuthuko Planning and Development (Pty) Ltd t/a KiPD. FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 7

8 4. SURROUNDING AREA The details of the surround area as follows : 4.1. Land Use The subject site is currently being utilized for the purpose of a wedding expo, with a mix of surrounding land uses as can be seen on the map below. On the immediate east, south and west of the property, the properties are used for residential purposes. The Site Dwelling Units Recruitment Agency Security Agency Attorneys Offices Figure 3: Land use FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 8

9 4.2. Surrounding Zoning The property is surrounded by a mix of zonings, varying between Business 1, Business 4, Institutional, Residential 1, Residential 4 and Special zoning as depicted on the map below: The Site Residential 1 Business 4 Residential 3 Special for offices ( is special for filling station) Institutional Business 1 Residential 4 Figure 4: Zoning FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 9

10 5. LAND USE RIGHTS The details on the current and proposed land use rights are as follows : 5.1. Current Land Use Rights As per the attached zoning certificate, the site has the following zoning in terms of the Johannesburg Town Planning Scheme, 1979: Development Control Limitation Zoning Residential 1 Floor Area 1.2 Coverage 30% Height Density Building Lines 3 storeys 1 dwelling per erf 3.0 m The current rights for the property does not allow for the intended use of offices. This thus creates the need to rezone the property to Business 4 which does permit the proposed land-use under the Johannesburg Town Planning Scheme, Proposed Land Use Rights Application is hereby made for the following land use rights: Development Control Limitation Zoning Business 4 Consent Floor Area 1,5 Coverage 70% Height Density Building Lines As per Scheme 3 storeys N/A 6m along Glenhove Road 6m along Eight Street Parking As per scheme 3 bays per 100m² FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 10

11 6. ENGINEERING SERVICES A number of engineering reports and studies have been conducted in support of this application. The reports will be submitted to the relevant departments for approval and are summarized as follows: 6.1. Outline Scheme Report A comprehensive outline scheme report has been prepared by Klunene Consulting Civil Engineers in October The report has been submitted to Johannesburg Water (JW) for comments. Johannesburg Water has responded back with positive feedback, as they have no objection on the proposed development. The contents of the report indicate that the site slopes from west to east with an average gradient of approximately 6.7%. The gradient of the site promotes effective drainage towards the low point on the north eastern corner of the site Water According to the outline scheme report, external bulk service contributions will be required. There is currently existing 110mm Ø water pipes along the northern and eastern boundary of the site. The intention is to tie into the existing 110m Ø water pipe running along the eastern boundary in Eighth Street Sewer Reticulation There is an existing 160Ø sewer pipeline running along the northern boundary in an eastern direction along Glenhove Road. The intention is to utilize the existing sewer connection situated in the eastern corner of the site for the purpose of the development Traffic Impact Study The traffic Impact Assessment was conducted by Kantey and Templer Consulting Engineers on November The traffic report has been submitted to JRA for comments. According to the report, the proposed development will generate approximately 121 new additional trips during the weekday AM and PM hour periods, with an applied 15% reduction due to the recommended trip generation adjustment factor by the Committee of Traffic Officials (COTO), for proposed office developments in areas with transit nodes and corridors such as the Gautrain. This therefore translates to a total of 103 new vehicular trips generated by the site, with a trip distribution of 88/15 and 20/83 during the weekday AM and PM peak hour periods respectively. This is considered by the engineers to be a fairly low quantum of traffic in the context of Oxford Road and Glenhove Road corridor. FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 11

12 Access Access to the site is currently and will be remain from Ninth Street. 7. MOTIVATION The subject site is situated along the Glenhove Road, in close proximity to the business hub of Rosebank. Furthermore, the property is within the Rosebank Urban Development Framework. Glenhove road is classified as a high traffic flow area, the traffic has resulted in the increased number of residential areas along the road changing their uses for residential purposes, to incorporate income generating uses. Regarding the land use map above, it can be seen that the surrounding properties opposite the subject site have altered their uses to accommodate a security agency, attorneys, and recruitment agency, all of which have offices operating on them Need and Desirability The rise of the Rosebank node into a Central Business District in recent years has seen the exponential development and redevelopment in and around the node. The popularity of the node being located in close proximity to other business nodes, social amenities and high quality residential accommodation makes additional investment into this area highly viable. The changing nature of the urban environment within Rosebank has initiated the need for underutilized properties to be redeveloped so as to maximize the potential of the well located properties. Properties such as Erf 44 Melrose Estate have been earmarked for such redevelopment in the developmental policy approved and implemented by the City of Johannesburg. Additional changes and advancements in Rosebank have also encouraged development such as the successful operation of the Gautrain. The transportation infrastructure requires residential and business development to support it, as much as residential business development require transportation infrastructure to support that. It is therefore in line with the development forecasts for increased office space to be developed in the area. The need for additional office stems from the fact that the growth in Rosebank has been occurring at an exponential rate. There are a number of big businesses whom have relocated their head offices in Rosebank due to its growing popularity of being a business and financial hub within Johannesburg. Increased office space encourages more professionals to establish their businesses in sought after areas such as this. By encouraging the growth of Rosebank into a major financial and business hub within Johannesburg, the economic competitiveness of the city as a whole is strengthened. It further encourages the notions of sustainability and efficiency by ensuring development as intense as the proposed development is concentrated in business nodes, as opposed to them being scattered around the city. The increase of offices will also result in more employment opportunities and assist in the reduction of poverty within the city. The site is located along Glenhove Road, which has been classified as a mobility road in terms of the Region E Regional Spatial Development Framework. The traffic flow on Glenhove Road, has led to the transformation of FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 12

13 the street from residential character with dwelling units to businesses within the original structure. The nature of Glenhove Road has resulted in more Residential 1 zoned properties being used for income generating land uses, due to the opportunity presented from the flow of traffic along the route. The route is becoming ill-suited for solely residential purposes as the comforts of having a quiet neighbourhood are invaded by the loud noise of traffic moving past the homes. The ingress and egress of traffic into the property will not negatively impact the traffic flow along Glenhove Road as access will be granted from 8 th Avenue Development Policy The Johannesburg Spatial Development Framework, looks to develop cities through compact cities. The strategy will work towards intensifying the urban land use through a combination of higher residential densities centralisation, mixed land uses, and development limits outside of a designated area. It is important to note that densification alone cannot make cities more liveable and sustainable, but that this densification should occur in conjunction with a mixing and intensification of land uses linked with high accessibility. This location serves as a prime location for the development of offices as a supporting land use, as the access to the location is optimal through the Gautrain station and the Oxford mobility spine. Erf 44 Melrose Estate has 2 major developmental policies affecting it namely the City of Johannesburg Regional Spatial Development Framework (RSDF), 2010/11 and the Rosebank UDF, These two policies must be read together when applying it to this property as they overlap. The subject site is under the administration of Region E, Sub Area 25 of the Johannesburg Regional Spatial Development Framework (RSDF). In accordance to the RSDF, the proposed development is in line with the management tables, which advocate for the development of offices on Glenhove Road at a height of 2-3 storeys and a coverage of 40%. With regard to coverage, the Rosebank UDF states that coverage can be relaxed at the discression of the Council. The Rosebank Urban Development Framework also includes the subject site within it. The district is characterised by high intensity developments such as high rise office developments. It advocates for a variety in development with different uses, heights and densities. The proposed development is in line with the City of Johannesburg RSDF as well as the Rosebank Urban Development Framework. FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 13

14 7.3. Spatial Development Principles The proposed development takes into consideration the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013); SPLUMA Referral Proposed Development Compliance 7 (a) Spatial Justice The principle of spatial justice is fulfilled through this development in that the access to the site optimized, as the site is located in close proximity to the Gautrain station and the Oxford road mobility spine which ensure that access to the area is granted easily through public transportation means. 7 (b) Spatial Sustainability The development speaks to the principle of promoting land development in sustainable locations that limit urban sprawl. The development will be erected within the Rosebank node demarcated for densification, therefore making it an appropriate location to erect the structure. 7 (c) Efficiency The development will optimize the already existing bulk services, however, further additional services will be required. 7 (d) Spatial Resilience The RSDF and the Rosebank Development Framework both aim to allow for growth through means of targeted densification along high traffic roads. 7 (e) Good Administration The application adheres to the principle of good administration, as it is aligned with the development guidelines proposed in the RSDF as well as the strategies in the Rosebank Urban Development Framework. 8. CONCLUSION The development is for the purpose of an office building that is located in the heart of the business hub in Melrose Estate. The proposed development is supported by the RSDF as well as the Rosebank Urban Development Framework. The offices will be a relevant addition to Melrose Estate, and will also work toward the principle of compact cities which encouraged by the Spatial Development Framework. FILE : M/16/AB/1005 ROR and Rezoning- Erf 44 Melrose Estate PAGE 14