30 June 2020
The Municipal Manager THE GEORGE MUNICIPALITY Directorate: Planning and Development
Attention: Mr. Clinton Peterson and Me Jeanne Fourie (Submitted electronically)
SUMBISSION OF THE APPLICATION FOR CONSENT AND PERMANENT DEPARTURE: PORTION 172 OF THE FARM KRAAI BOSCH 195, GEORGE, RD.
GEORGE MUNICIPALITY REFERENCE: Portion 172 of Kraai Bosch 195 PROPERTY DESCRIPTION: Portion 172 (a portion of Portion 11) of Kraai Bosch 195, George RD APPLICATION TYPE: Consent and Permanent Departure CURRENT ZONING: Agriculture Zone II PROPOSED CONSENT: Agriculture Industry and Tourist Facility DEPARTURE: Building line restriction relaxation to build a guardhouse
1. Background and Introduction
The Ahlströms purchased a smallholding, Portion 172 Kraai Bosch 195, George RD, in the Victoria Bay area in 2002 and constructed a homestead. Donegal Wine Estate, being an enterprise owned by the Ahlströms, has been awarded prestigious wine-industry accolades and the family decided, in 2019, to utilize a part of their own cellar for the ageing of their wines and wine tastings (by invitation) as part of the winery’s marketing to local and international tourists/buyers. They wish to register the Donegal winery in the George district and to present wine-tasting and food-pairings as an elite experience in the sub-region.
Hence the current land use rights (Agriculture Zone II) must be extended to provide the opportunity to present Donegal as a defined, exclusive tourist/wine-connoisseur location in the Garden Route area, in addition to the existing residential and agricultural use.
2. Application
The applications are herewith submitted to the George Municipality for: 1) Consent to include “Agriculture Industry” and “Tourism Facility” in the land use rights applicable to Portion 172 of Kraai Bosch 195, George RD, subject to conditions the Municipality may impose. The application is submitted in terms of Clause 15(2)(o) of the George Integrated Zoning Scheme By-Law, 2017(the Zoning Bylaw); and 2) Permanent Departure from the standard provisions of said Bylaw, applied for in terms of Clause 15(2)(b), to allow the relaxation of the southern building line to 1m to allow the construction of a guard-house.
During the Pre-application consultation process the Municipality supported the proposed rights definition insofar as it relates to the proposed use.
URBAN CONTENT (PTY) LTD Company Registration Nr. 2018/529317/07 P O Box 12496 GEORGE 6546 Director: Lynette Groenewald 1
SUMBISSION OF THE APPLICATION FOR CONSENT AND PERMANENT DEPARTURE: PORTION 172 OF THE FARM KRAAI BOSCH 195, GEORGE, RD June 2020
3. Application Documentation
In support of the application, the following documents are included in the submission:
Application Form: Consent and Departure; Copy of the Municipality’s comments on the Pre-Application process; Mandate to submit the application on behalf of the land owner; A copy of the Title Deed and Conveyance Certificate; A Motivating Memorandum, including the following annexures, amongst others: Locality Plan, Title Deed, Surveyor General Diagram, Draft Architectural Plan, Conceptual Site Plan.
In summary the information contained in the submission include: Documentation/Information Included Format/notes 1 Cover Letter √ 2 Application Form √ 3 Proof of Payment See Note below 4 Minutes of Pre-Application √ Comments attached 5 Power of Attorney √ 5.1 Company Resolution Not Applicable 5.2 Proof of Members/directors/trustees etc. Not Applicable 6 Bond Holder’s Consent Not The property is not Applicable bonded 7 Motivational Memorandum (based on criteria √ referred to in section 65 of the By-Law) 8 Title Deed √ 9 Site Layout Plan √ Scale √ North Arrow √ Existing and proposed cadastral √ boundaries Layout of the property, indicating the √ use of different portions of the property The position, use and extent of the √ building Development parameters including √ building lies and building restriction areas Adjacent property boundaries and erf √ numbers Access √ All extensions and dimensions √ Parking and manoeuvring space √ Environmental features – trees, rivers, √ Exact position of trees dams surrounding existing buildings not shown
URBAN CONTENT (PTY) LTD Company Registration Nr. 2018/529317/07 P O Box 12496 GEORGE 6546 Director: Lynette Groenewald 2
SUMBISSION OF THE APPLICATION FOR CONSENT AND PERMANENT DEPARTURE: PORTION 172 OF THE FARM KRAAI BOSCH 195, GEORGE, RD June 2020
Municipal engineering services (lines and connections) Contour Lines √ Roads (public/private) √ Encroachments over property None boundary Subdivision/consolidation lines Not Applicable 10 Plans 10.1 Locality √ Memo Annexure A & B 10.2 Zoning Plan √ Memo Annexure G 10.3 Subdivisional Plan Not Applicable 10.4 Phasing Plan Not Applicable 10.5 Consolidation Plan Not Applicable 10.6 Site Development Plan Site Plan Memo Annexure I 10.7 Building Plan with elevations Not included, but available Conveyancer Certificate √
Note: The application fee will be paid on receipt of a compliance letter (Par 2.3.5 of the George Municipality: Directorate: Planning and Development: Covid-19 Level 3 and 4 Strategic Guidelines for Compilation and Submission of a Land Use Applications in terms of Section 15(2) of the Land Use Planning By-Law for George Municipality, 2015 (May 2020) as read with Section 38 of the Zoning Bylaw.
I trust that sufficient application documentation is enclosed and request that a compliance letter be issued so that we may proceed with the payment of the application fee, formal circulation and public participation processes. Should you require any additional information or have any queries in respect of the application, please do not hesitate to contact me.
Yours sincerely
Lynette Groenewald Cell: +27 (0)82 653 3900 E-mail: [email protected]
URBAN CONTENT (PTY) LTD Company Registration Nr. 2018/529317/07 P O Box 12496 GEORGE 6546 Director: Lynette Groenewald 3
MOTIVATIONAL MEMORANDUM Ref. No. 172 of 195
APPLICATIONS, SUBMITTED TO THE GEORGE MUNICIPALITY, FOR CONSENT and DEPARTURE IN TERMS OF CLAUSES 15(2) (b) and (o) OF THE GEORGE MUNICIPAL LAND USE PLANNING BYLAW, 2015, AS READ WITH THE GEORGE INTEGRATED ZONING SCHEME BYLAW, 2017, TO PERMIT THE USE OF PORTION 172 OF THE FARM KRAAI BOSCH 195, GEORGE RD, WESTERN CAPE PROVINCE FOR THE PURPOSE OF AN AGRICULTURE INDUSTRY (WINERY, DISTILLERY) AND A TOURISM FACILITY AND TO RELAX A BUILDING LINE TO ALLOW THE CONSTRUCTION OF A GUARDHOUSE
Submitted on behalf of: Carl Ahlström
Submitted by: Urban Content (Lynette Groenewald) (Cell 0826533900; [email protected])
Submitted to: The Municipality of George
June 2020
ii
MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT AND DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
TABLE OF CONTENTS
1. INTRODUCTION AND BACKGROUND ...... 1
2. PORTION 172 of KRAAI BOSCH 195: SITE DETAILS ...... 1 2.1 LOCALITY ...... 1 2.2 ACCESS ...... 3 2.3 PROPERTY DESCRIPTION, OWNER AND AREA ...... 4 2.4 LEGAL: SERVITUDES AND TITLE CONDITIONS ...... 4 2.5 LAND USE: THE SITE AND ADJACENT AREAS ...... 5 2.6 ZONING: THE SITE AND ADJACENT...... 9 2.7 LAND USE CONTEXT ...... 10 2.8 PHYSICAL SITE CHARACTERISTICS AND ENVIRONMENTAL SENSITIVITIES ...... 13 2.9 ENGINEERING SERVICES ...... 16 2.9.1 Roads ...... 16 2.9.2 Estimated Trip Generation and Parking ...... 16 2.9.3 Storm-water ...... 20 2.9.4 Water ...... 20 2.9.5 Sewer ...... 20 2.9.6 Electricity ...... 20 2.9.7 Refuse ...... 20 2.10 STRATEGIC CONTEXT ...... 20 3. THE APPLICATION ...... 28
4. PROPOSED USE ...... 29 4.1 LAND USE ...... 29 4.2 PROPOSED RIGHTS ...... 31 4.2.1 Background ...... 31 4.2.2 Proposed Zoning, Consent and Departure...... 31 5. NEED AND DESIRABILITY ...... 34
6. CONCLUSION ...... 42
ii
MOTIVATING MEMORANDUM: APPLICATION FOR CONSEN AND DEPARTURE: PORTION 172 OF KRAAI BOSCH 195 JUNE 2020
LIST OF FIGURES
Figure 1: Sub-Regional locality maps Figure 2: Site access: Photos Figure 3: Existing land use: Site photos Figure 4: Adjacent land use: Photos Figure 5: Zoning: The site and adjacent Figure 6: Sub Area land use context: Photos Figure 7: Building/clearance footprint along the access road Figure 8: Topography, gradient and position of existing buildings and circulation areas Figure 9: Data layers of the Western Cape Department of Agriculture Figure 10: Local access Figure 11: Trip Generation: Schematic: Floor Area Calculation Figure 12: Parking provision: Areas Figure 13: Proposed use of the existing underground cellar building
LIST OF ANNEXURES
Annexure A: Sub-Regional Locality Plan Annexure B: Local Locality Plan: Cadastre Annexure C: S.G. Diagram Annexure D: Deeds of Transfer and Conveyancer’s Certificate Annexure E: Land use Plan: The site and adjacent Annexure F: Zoning certificate Annexure G: Zoning plan: The site and adjacent Annexure H: Land use context map Annexure I: Draft site sketch plan
ii
MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
MOTIVATING MEMORANDUM APPLICATION, SUBMITTED TO THE GEORGE MUNICIPALITY, FOR CONSENT AND DEPARTURE IN TERMS OF CLAUSES 15(2) (b) AND (o) OF THE GEORGE MUNICIPAL LAND USE PLANNING BYLAW, 2015, AS READ WITH THE GEORGE INTEGRATED ZONING SCHEME BYLAW, 2017, TO PERMIT THE USE OF PORTION 172 OF THE FARM KRAAI BOSCH 195, GEORGE RD, WESTERN CAPE PROVINCE FOR THE PURPOSE OF AN AGRICULTURE INDUSRTY (WINERY/DISTILLERY*) AND A TOURISM FACILITY*, AND FOR THE RELAXATION OF THE BUILDING LINE TO ALLOW THE CONSTRUCTION OF A GUARDHOUSE.
*See Par.4.2
1. INTRODUCTION AND BACKGROUND
The Ahlströms purchased a smallholding, Portion 172 Kraai Bosch 195, George RD, in the Victoria Bay area and constructed a homestead. Given the Ahlströms’ involvement and interest in wine making, a private wine cellar was designed, building plans approved and a structure was built to accommodate a lounge and area for wine storage. The photos in Par. 2.5 and 4.1 have reference.
Donegal Wine Estate, being an enterprise owned by the Ahlströms, has been awarded prestigious industry accolades and the family decided, in 2019, to utilize a part of their George cellar for the ageing of their wines and wine tastings (by invitation) as part of the winery’s marketing to local and international tourists/buyers. Thus, to present wine-tasting and food-pairings as an elite experience in the sub-region, and to further enhance the brand, by making tasting of their wines a pleasurable experience, it was decided to include experiences associated with wine-tasting (See Par 4) in their service offering.
Hence the land use rights must be extended to provide the opportunity to present Donegal as a defined, exclusive tourist/wine-connoisseur location in the Garden Route area, in addition to the existing residential and agricultural use and, in doing so the register Donegal as a George based winery.
This memorandum provides background in respect of the existing and proposed use of the project site, presents details relating to the site, describes the proposed rights and application details and offers a motivation in respect of the need for the proposed use and the desirability of the site to accommodate such use.
2. PORTION 172 of KRAAI BOSCH 195: SITE DETAILS
2.1 LOCALITY
The subject property, being Portion 172 of the farm Kraai Bosch 195RD, is situated in the
Page 1 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
general area between the N2, Thembalethu, Victoria Bay, Kaaimans and the Garden Route Mall/ so called Destiny Africa Site / Victoria Heights(Ward 11). The locality plan included in Figure 1 and attached as Annexure A have reference. On a local level, the property lies in an area of Small-Holdings, which is accessed from the road linking the N2 highway and Victoria Bay (Victoria Bay Road).
N2
Victoria Bay Road
Victoria Bay Road
Victoria Country Estate
Victoria Bay
N2
Victoria Country Estate
Victoria Bay
Figure 1: Sub Regional Locality Maps (Source Google Maps: Imagery 2020) Position of Portion 172 of 195
Page 2 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Approximately 200m from the intersection of the N2 and the Victoria Bay Road, a local access causeway/path links thirteen properties to the Victoria Bay Road. The entrance to the subject property is located approximately 530m down the local access road, on the right, when traveling from the Victoria Bay Road. Annexure B shows the position of the site, along such local access road.
2.2 ACCESS
Access to the property is via a registered Right of Way servitude (13m wide) which links to the Victoria Bay Road. The Right of way is indicated on the local locality plan, attached as Annexure B. As noted, such local roadway provides access to thirteen properties and ends in a paved turning circle, in front of the Victoria Bay Country Estate (four units in estate). Also refer to Par. 2.9.2 and 2.9.5.
The access way is scraped and only the turning circle area and short road section are paved. The entrance to the subject property is approximately 25m from the start of the paved turning area.
Access reserve and existing road surface, viewed from intersection with Victoria Bay Road
13m wide reserve
View towards north along local access
Figure 2: Site Access Photos: Access way. Entrance to site
Page 3 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
2.3 PROPERTY DESCRIPTION, OWNER AND AREA
Property Description: Remaining Extent of Portion 172 (a portion of portion 11) of the farm Kraai Bosch 195, Municipality George, Division of George, Western Cape Province Deed of Transfer Number Registered Owner Area T17739/2014 (from T 12402/2002) Carl Robert Ahlström 1,5 ha A copy of approved Surveyor General Diagram Nr 4832/1987 is attached as Annexure C.
The Surveyor General diagram shows: The property measures 1,5ha; The pan-handle of the property is 8m wide and approximately 124m long; A Right of Way servitude (13m wide) affects the eastern most part of the property; The main area of the property is roughly a square measuring 107,61m x 130,16m x 107,78m x 130,16m
2.4 LEGAL: SERVITUDES AND TITLE CONDITIONS
A copy of the abovementioned Deeds of Transfer are included herewith as Annexure D.
The land owner, Carl Robert Ahlström, has confirmed that the property is not bonded.
The following title conditions are listed in T12402/2002: Clause Document reference Description Comment CRT T23110/1991 Reference to historic Clause to be retained. Diagram: 4832/87 title A T10012/1926* Subject to historic title Clause to be retained. conditions, specifically conditions below B Cert. of Amended Subject to duties and Clause to be retained. Title (1913)* regulations applicable Interpretation: Property to “…lands held on subject to the provisions of similar tenure”. Municipal By-laws C Notarial Deed No Subject to water rights Clause to be retained. 284/1940* to the Municipality of Right will not be affected by George additional rights/land use. D Deed of Transfer Subject to servitude to Clause to be retained. T3964/1941 apportion water Right will not be affected by Serv 15/1972 additional rights/land use. E Deed of Transfer Subject to servitude to Clause to be retained. T3964/1941 apportion water Right will not be affected by Serv K493/1977S additional rights/land use. F CRT T9505/1988 Subject to a Right of Clause to be retained. Figure EBCF on SG Way servitude, 13m Access –way area to be No 4832/87 wide in favour of Ptn retained. 175/195
Page 4 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
G CRT T23110/1991 Subject to a Right of Clause to be retained. Figure ABCF on SG Way servitude, 13m Access –way area to be No 4832/87 wide in favour of Ptn retained. 174/195 (DoT T44285/1991) H CRT T23110/1991 Subject to a Right of Clause to be retained. Figure EBCF on SG Way servitude, 13m Access –way area to be No 4832/87 wide in favour of Ptn retained for access purposes. 173/195 (DoT T374- 5/1998) I CRT T23110/1991 Entitled to a Right of Clause to be retained. Figure EBCF on SG Way servitude, 13m Access –way area to be used No 4830/87 wide over Ptn 170/195 for access purposes. (DoT T93462/2000) J Figure EBCF on SG Entitled to a Right of Clause to be retained. No 4831/87 Way servitude, 13m Access –way area to be used wide over Ptn 171/195 for access purposes. (DoT T58605/2001) Certificate of Ptn 388 subdivided Divided area not included in
Registered Title (1.5ha) consent/departure application. T17737/2014 T17739/2014 C R Ahlström entitled to Mandate provided iro Consent deal with property and departure application by C R Ahlström
Endorsements:
Title Deed T17739/2014 is also included in Annexure D. Such document reflects an endorsement in terms of Section 45bis (1) (a) of the Deeds Registry Act, 1937 (Act 47 of 1937), which transfers total ownership of the subject property to Carl Robert Ahlström.
The Conveyancer’s Certificate, also included in aforementioned annexure, confirms that the existing Conditions of Title will not hinder the approval of the proposed land use rights and may be retained as is.
2.5 LAND USE: THE SITE AND ADJACENT AREAS
Portion 172 of Kraai Bosch 195RD Current Use: Homestead and garages, splash pool, workers quarters and security room, storeroom and small office, partially sunken (eastern edge is ground level) wine cellar, connecting walkway (under ground level), private tasting area and lounge area, as per approved building plans, storm water attenuation ponds, landscaped gardens and internal circulation paths and parking.
Page 5 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
HOMESTEAD
Roof of partially sunken Cellar Underground walkway Roof of entrance lounge
House
Roof of Cellar
Roof of Lounge Roof of Cellar
Figure 3: Existing Land Use: Site Photos
Page 6 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
The homestead was designed to make the most of the treed surroundings the homestead. The house is a collection of buildings and spaces, which form a cohesive whole, including the living areas, a splash pool, verandas, landscaped areas, outbuildings (store/garage/cellar rooms) and courtyards. Storm-water ponds were part of the homestead design and form an integrated part of the building- and space design.
The existing underground cellar consists of three parts: an administrative office/entrance area, a linking passageway and the cellar-storage/wine ageing area. The design relate to thermal insulation required to age wine successfully; i.e. internal temperature regulation. . The narrow windows near the roof on the western side of the room is the only part of the building, protruding above ground. Barrels are already kept in this room. The intent is, however, should the required rights be authorized, to fill the barrels (off site) and to age the wine in this purpose-built room.
The Alströms entertain their guests in the entrance area and/or around the tables in the cellar area, or on the roof of the cellar. The lounge area is approximately 58m² and the cellar room is 142m². At the moment the private wine collection is kept in bottles, but the cellar is intended to be used as an active cellar (ageing of wine and storage in vat). Par.4 includes a sketch to show how these existing spaces can be transformed to host up-market, wine- tastings and wine-parings.
The cellar is entered via the walk-way system of the homestead, from the parking area to the east of the house, through a courtyard, along a walkway that forms part of the existing landscaping of the house. Currently the two toilets in the southern part of the homestead is used for visitors using the cellar.
Annexure E includes a land use map and reference to the photos below, which shows the directly adjacent land uses, including South: Small holding: House, outbuildings and trees/shrubs North: Smallholding with two houses and outbuildings East: Smallholding with duet house and farming activities East Panhandle: Blydskap Farm. Farm portion with house, outbuildings, grow tunnels, previously used as protea farm; powerlines; West: Smallholdings: Houses and home offices.
1. East of Site: cleared and cultivated area
Page 7 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
2. East of Site: part of duet house – view from access road
3. North of Site, along access road: two residences
4. North of Site, along access road: access to northern house on Holding
6. East: Power lines 7. East: House
5. North-east: grow-tunnels 8. Cultivated area
10. South: House
9. South-east- gate to Victoria Country Estate (Houses)
11. West: Houses/offices along alternative access road; Victoria Heights & green strip.
See photos (taken from the access road in Victoria Heights: Figure 6F) Figure 4: Adjacent Land Use: Photos Also refer to photos of adjacent properties, as viewed from site in Par.5.
Page 8 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
2.6 ZONING: THE SITE AND ADJACENT
Portion 172 of Kraai Bosch 195RD Site Zoning: Agricultural Zone II (A zoning certificate is attached as Annexure F), with associated land use parameters, in terms of the provisions of the George Integrated Zoning Scheme Bylaw, Sept 2017
Adjacent properties have a similar zoning. Figure 5 below is an extract of the Municipal database. Adjacent consent uses and departures to be confirmed. The farm Blydskap (to the east of the holdings area), is zoned Open Space Zone IV, being a private nature reserve and protea farm.
Resort Agriculture Zone Zone I
Agriculture Zone II Resort Zone
Open Space Zone IV
Subdivisional Area Overlay Zone
Open Space Ptn172/195 Zone III
Source: George Municipality - (Labels added) Figure 5: Zoning: The site and adjacent (Also refer to Annexure F)
The Zoning Bylaw describes the Agriculture Zone II land use category as the use of land as a smallholding, which means an extensive landholding, including a dwelling house that is primarily a place of residence on which small scale agricultural activities may take place. The Zoning Bylaw allows, as standard, for the use of a smallholding as a “tourism facility”, “agriculture industry”, “farm shop” rights, amongst others, by means of a consent process. Development parameters: The following development parameters apply to land within the Agriculture Zone II land use category: (a) Building lines 10 metres from any boundary in respect of properties smaller than 2 hectares, provided that a street building line of 5 metres applies to properties smaller than 5000m²…; (b) Height (i) The height of a dwelling house may not exceed 6,5 metres to the wall plate in all cases and 8,5 metres to the ridge of the roof in the case of a pitched roof.
Page 9 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
(ii) Agricultural buildings other than dwelling houses may not exceed a height of 15 metres to the top of the roof. (iii) Earth banks and retaining structures which in the opinion of Municipality are associated with bona fide agricultural activities are exempt from the general provisions in this regard in this by-law. (c) Site development plan For any development in this zone, including any part of the land not zoned Agriculture, a site development plan must be submitted to the Municipality for its approval taking specific cognisance of visual impact given the size and scale of the agricultural buildings and facilities and their location in a rural landscape, and in their proximity to tourist routes.
The proposed zoning rights, to accommodate the intended use (Par. 4.1) are noted in Par 4.2.
2.7 LAND USE CONTEXT
The area between the Garden Route Mall (urban development boundary) and Victoria Bay includes a diverse range of land uses. In addition to farms and smallholdings, the area includes, amongst other uses home offices/home undertakings, a range of urban- rural-nature transitional (transect) uses, some of which are shown in the table below: (land uses adjacent to the site and along the access way are noted in Par 2.5). The reference maps, included as Annexure H has reference
(Figure 6: Sub Area Land Use Context: Photos (- Photos taken in May2020 or sourced from websites) A Outeniqua farmers George Tourism visitgeorge.co.za market; Entrance road to Welgelegen Estate; Sasol & BP garages Kontrei Restaurant Vacant area – used for go- carts
Go-cart tract and derelict buildings Hotels Eden Church Tridici shop/ restaurant Antique shop
Page 10 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Accommoda- Quarry tion units Koi farm Bonsai farm Nursery George Country Resort Gateway Lodge
B Horse riding Farm Far Hills Country Hotel Undeveloped, cleared land/veldt C Vacant area (proposed Destiny Africa Site) – see aerial Photo (Annexure H) D Quarry – see aerial Photo (Annexure H) E Reptile Park Lion Park Birds of Prey Park and rehab centre Caspita restaurant Tourist Accommodation
F Smallhold- ings (houses & agriculture) Offices Accommoda- tion units Bed & Break- fast Mountain View Farm Escape
Page 11 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
G Green views: Natural areas (adjacent to smallholding area and lodges) Victoria Bay (including restaurant, camping View from Carmel to sea (website) sites and limited residential; Ballots Bay (including units) View from Mountain View Farm escape towards the south-west Protea Farm Views from Victoria area Country Estate the south-east
H Farm buildings and farming tunnels (part of Blydskap) Victoria Country Estate (four units) Houses (small holdings) Horse paddocks Vacant, cleared holdings Agriculture activities
(also see photos Par 2.5 – areas north, south, east) I Guest houses: Victori Inn Horse paddocks Victoria Bay Lodge
Page 12 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Surfari Backpacker accommoda- tion & venue Carmel accomoda- tion and campsite
Carmel Coastal Retreat, conferences, weddings, ministry, function area, units, camping Animal paddocks
The Wilds Google, Carmel and The Wilds
J Vacant farm area (advertised for sale to commercial buyers) Small holding area- houses and guest houses and dis-used nursery Lodges & Guest houses
Strategic Plans of the George municipality describes the area, within which the site falls as: “predominantly being used for rural residential purposes” and “one hectare erven in the area to the west”. It is noted that the following characteristics are protected and should be strengthened: “the focus will remain on enhancement of the rural character” and “promotion of the tourist and rural occupation character as it is evident that these are the characteristics that have and continues to contribute to the attraction of the area”.
2.8 PHYSICAL SITE CHARACTERISTICS AND ENVIRONMENTAL SENSITIVITIES
Page 13 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Cleared Cleared The strip of holdings along this local access way mostly Guest represent transformed land, with the majority of the natural house vegetation removed or partially removed to accommodate Cleared House the residences, gardens and farming. An active invasive Cleared species program has seen the removal of a significant number of Black Wattle/invasive trees in the area that lies
House adjacent to the 1 to 2 ha (average) smallholdings. Not all Tunnels invasive vegetation has been removed from the greater House area. House
House On the site itself there are Eucalyptus trees, as shown in the Farm Farm photos in Par.2.5.
House Firebreaks Approximate, existing building position on site
Figure 7: Building/clearance footprint along the access road Estate
The site slopes towards the south-west. The slope of the site shows a downhill driveway (slope average 1:16, see Figure 2 (entrance to site photo), with the existing homestead and the existing circulation area, some parking bays, garage, outbuildings, cellar and water ponds (all existing) on a levelled area (as per building plan, not shown on base contour plan) within the relatively steep site gradient.
1:8
:12 1
appr 1 :17
1:7 1:16
231, 96m
Existing house, garage & outbuilding Figure 8: Topography, Gradient and Position Existing Cellar rooms of Existing Buildings and circulation areas Circulation area (ground with woodchip) 1m contours – Municipal GIS Landscaped area & storm water structures system (ESRI)
Page 14 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
INSERT Figure 9 – Data layers of the Western Cape Department of Agriculture
Municipal and the Western Cape Department of Agriculture data plans (lines included on new aerial, alongside) show that a stream runs to the west of the site, albeit not touching the subject property. Note that no additional buildings are proposed as part of the winery application, as the proposed use will be in/on the existing cellar-rooms. The closest building to the stream is approximately 80m from the stream, as shown. The property is not part of the SAPAD Conservation/protected area as per the Western Cape Department of Agriculture data plans, nor affected by nor affected by a wetland as per the data layers NFEPA and Wetland NWM5. The site does not fall into zones marked Protected areas, Critical biodiversity areas, Critical biodiversity areas (degraded), Ecological support area (res) other natural areas as per the base data of the Western
Cape Department of Agriculture.
The use of the existing buildings for the proposed use (see par. 4) does not affect the ecological footprint of the area. Existing fencing is paddock-fence.
Page 15 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
2.9 ENGINEERING SERVICES
2.9.1 Roads
Access is from the Victoria Bay Road (Public Road), via a private right of way access, which is protected by virtue of a servitude (See Par. 2.4). Maintenance of this 13m wide servitude area is the responsibility of the users and the land owners of 13 properties. I.e. the 13m wide reserve (servitude) provides access to 13 properties (smallholdings). The photos in Par 2.2 refer.
Victoria Bay Road Ptn Ptn Ptn 360/195 401/195 402/195 Ptn Ptn Ptn 361/195 169/195 403/195
Ptn Re Ptn 170/195 362/195
Ptn 171/195
Ptn Ptn Re/172/ 388/195 195 now cleared
Ptn 173/195
Victoria Country Estate Ptns Ptn 174/195 396*,407*,323, 385,395/195
Figure 10: Local Access
2.9.2 Estimated Trip Generation and Parking
(Input Urban Engineering)
Trip Generation In order to estimate the trip generation potential of the development, the GLA (Gross Leasable Area) of the various components was established, being the total floor area designed for the exclusive, intended use. The GLA is normally measured in m² (square meters) and is typically measured between the centerlines of inner and outside walls. Generally, the following areas are excluded from the definition of GLA: Open roof areas, verandas or balconies. Canopies erected on the street frontage of a shop; Parking areas;
Page 16 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Malls, entrance halls and foyers at shopping centers. Accommodation for the lift room and other mechanical or electrical equipment required for the functioning of the building. Areas reasonably used in connection with the cleaning, maintenance and care of the building. Accommodation of the supervisor.
In the case of the winery, no provision needs to be made for kitchens, toilets and BOH areas, and hence it was estimated that the usable GLA could be as high as 90% of the floor area. The basement floor area was calculated as 194m² (refer to the sketch below) and the ground floor equal to 140m² (duplication of the cellar floor):
Approximate areas and dimensions Figure 11: Trip Generation: Schematic: Floor Area Calculation
The total useable floor area is therefore 334m2 which equates to a GLA of approximately 300m2 (90% of the Floor Area)
Trip generation was calculated based on the guidelines published in the South African Trip Data Manual, (COTO, TMH17, May 2018). The TMH 17 specifies recommended trip generation rates for various land uses ranging between industrial, Residential, Lodging, Recreational, Retail and service industries, to name a few. Unfortunately, the TMH 17 does not explicitly specify trip generation rates for wineries or wine-connoisseur locations.
The TMH 17 does however specify trip generation rates for the following land uses, according to the definitions included below: 817 Nursery (Garden Centre) A nursery or garden centre is a free-standing facility at which items are sold to the public. 820 Shopping Centre A shopping centre is an integrated (mixed-use) group of commercial establishments that operate as a unit. May include small components of other land uses, such as restaurants, hardware and paint shops, etc. 931 Restaurant, Quality (Sit-Down) This land-use consists of high quality, full-service restaurants with lower turnover rates. This type of restaurant typically requires reservations.
For comparison, the trip generation rates of the above three land uses are listed below:
Page 17 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Land use Unit Peak Friday Midday PM Peak PM Peak AM Peak Saturday Nursery (Garden 100sqm GLA 1.4 3.0 0 4.1 4 Centre) Shopping Centre 100sqm GLA 0.6 0 0 3.4 4.5 Restaurant (Quality) 100sqm GLA 0.75 11.8 9.8 0 11.0
Since the TMH17 does not specify trip generation rates for wineries, it was decided to make use of the worst-case scenario (from a trip generation point of view) of the three options above. Trip generation rate can therefore be compared to that of a quality, sit down restaurant. Since the property also includes a residential dwelling unit, it is important to include the trip generation as a result of the dwelling unit to that of the winery. Using the estimated GLA from above, the peak hour trip generation that best suites the ethos and character of the proposed development (winery + dwelling unit), can be predicted as follows:
Direction Peak Hour Trip Generation Land Use GLA Split AM PM Midday Saturday IN 2 14 17 20 Restaurant 300m2 (Quality) OUT 1 21 12 13
IN 0 1 0 0 Single Dwelling N/A Unit OUT 1 0 0 0
TOTAL 4 36 29 33
From the table above, it follows that the most trips can be expected during the PM peak hour when a total of 36 trips (15 IN and 21 OUT) can be expected. It should be noted that wine tasting is usually undertaken over weekends and during daylight hours, in which case the Saturday trip generation of 33 trips (20 IN and 13 OUT) shall be more relevant.
Parking Requirements Once again there are no clear specifications for parking requirements of wineries. The George Integrated Zoning Scheme By-Law does however specify various parking requirements based on land use. It can be argued that the proposed character of the winery is best compared to a mixture of the four land uses listed in the table below. In all four cases, a minimum of 4 parking bays per 100m2 GLA is specified. Land Use Normal Areas PT1 Areas PT2 Areas Neighbourhood Shops 4 bays/100m2 GLA 3 bays/100m2 GLA 2 bays/100m2 GLA Offices 4 bays/100m2 GLA 3 bays/100m2 GLA 2 bays/100m2 GLA House Shop/Tavern/Bar 1 bays/25m2 GLA 1 bays/25m2 GLA 1 bays/25m2 GLA Industrial hive/Service 4 bays/100m2 GLA 3 bays/100m2 GLA 1.5 bays/100m2 Trade GLA GIZSBL Parking Requirements
Page 18 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
The three column headings, Normal Areas, PT1 Areas and PT2 Areas are described below: Normal Areas: Areas where public transport is not being specifically promoted PT1 Areas: Areas where the use of public transport is to be promoted, but where the Council considers the provision of public transport to be inadequate. PT2 Areas: Areas where the use of public transport is to be promoted and the Council considers the provision of public transport sufficient enough to justify the reduced parking requirements. Since there are currently no GO GEORGE bus stops located within walking distance to the site, the site classifies as falling into the “Normal Areas” category. Making use of the 300m2 GLA calculated earlier in this report, the minimum parking requirement can therefore be estimated at 12 bays. Note: It is important not to confuse parking requirements with trip generation. In some cases there is a direct correlation between the two, but this is not always the case. Examples of land uses where there is no correlation between trip generation and parking provision includes educational facilities, drive through restaurants, and filling station. However, based on the trip generation volumes and seeing that patrons to wineries are generally expected to remain on the premises longer than for instance those visiting a drive through, it is suggested that the minimum parking bay requirement be increased. It is therefore proposed that the requirement be changed from 4bays/100m2 to 8bays/100m2. The resultant minimum number of parking bays required is therefore equal to 24.
Figure 12: Parking provision: Areas
Page 19 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Since the Draft Site Plan makes provision for at least 24 clearly marked parking bays, this requirement is deemed satisfied should 50visitors be the benchmark. The number of visitors may increase should an increased number of bays be provided, in principle. There is also sufficient land available on the site should additional overflow parking be required on the odd occasion.
2.9.3 Storm-water
Storm-water on the small-holding is currently managed on site via landscaping, a system of retention structures/ ponds and surfacing material (wood-chip).
2.9.4 Water
The smallholding is connected to a formal, piped municipal water system. Use is billed to the land owner on a monthly basis. (See the section in par. 5 dealing with the impact of the proposed use on the existing system).
2.9.5 Sewer
As with the majority of uses east of the Garden Route Mall (south of the N2), the smallholding makes use of on-site sewer system, as no formal municipal system serves the area. The existing conservancy tank has a capacity of 27m³ (27 000litres). The subject property currently includes five toilets which drain to a conservancy tank, on site. The management of the proposed use is noted in Par.5.
2.9.6 Electricity
Electricity is supplied to the smallholding, on a metered basis. See Par. 5 in regards to the desirability, from an electricity provision perspective, of including the defined, limited additional use on site.
2.9.7 Refuse
Refuse bags are placed along the Victoria Bay Road on Monday morning for collection by the Municipality. Recyclable material is placed in blue bags for collection by a recycling company. The owners also rent a skip from Skip-Go George, which is cleared on a weekly basis.
2.10 STRATEGIC CONTEXT
Page 20 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
The Eden (Garden Route) Spatial Development Framework, 2017 (GRSDF) classifies Victoria Bay itself as a hamlet, with no extension of the municipal infrastructure envisaged and development in keeping with the 2013 PSDF Study: Scenic and Cultural resources, is to be supported. No new residential development is supported in Victoria Bay itself, unless it is linked to economic development in the area (agriculture, biodiversity or value chain related economy). Additional smallholding divisions are however allowed for the subject area, in terms of the Draft Local Area Spatial Framework. The GRSDF states that services and facilities in the area should promote connectivity and provision of remote services as well as self-sustainable facilities.
The project site is located in a relatively small area which can be termed “smallholdings” between the proposed Destiny Africa Site area and Victoria Bay Hamlet. There are a few such small areas of holdings (Victoria Heights, Victoria Country Estate, Victoria Bay Heights), with green connecting spaces in between/adjacent. The GRSDF supports similar development in the rural area as in the Victoria Bay hamlet, as stated above, but economic activity, the in the rural area is “Only permitted if it enhances biodiversity, diversifies agriculture, supports tourism... Only allowed if appropriate scale, form and character of the relevant SPC”.
The George MSDF shows that the site is not in a demarcated urban development boundary, but falls in an area between the rural node of Victoria Bay (Identified Tourism Settlement) and the area constituting the proposed Destiny Africa mixed use development. The MSDF also states that the “Careful management of land use and the urban-rural interface at the gateways to the George city area is therefore important to this MSDF. Landscapes speak to the unique sense of place experienced as one approaches George from the east, west and north. The experience of …passing George and heading east past Kraaibosch and moving on towards the Victoria Bay area gives one the feeling of leaving the built up area as the vistas are generally of farm fields in the foreground with trees including pine plantations and rolling hills in the mid ground and then the Outeniqua Mountains in the background”. The site lies in a sub-area (along the N2) where the impact of land use, specifically visually, along main routes, is considered important as it affects the preferred character of the George area. Note however that the proposed use is considered small scale (See par 4), within existing buildings, not even visible from the local access way and totally out of the site-lines from the N2 and/or the Victoria Bay Road.
The MSDF asserts that, form a mainstream investment perspective (education, health, administration, commercial/business, residential, industrial etc.), George remains the primary urban activity- and service centre, with a number of small, specialist settlements, predominantly focused on coastal living, tourism and/or recreation, agriculture and forestry”… “Victoria Bay is a small seaside resort and well-visited recreational area. Kraaibosch South is predominantly a rural residential area... There are approximately 50 dwellings in the Victoria Bay rural area, 12 dwellings in the seaside settlement ... The Municipality will maintain the present environmental, rural and settlement character of the area”. Applications for subdivision and land use in the surrounding area will be managed in a manner that maintains the rural and scenic character of the area and do not place an additional burden on service infrastructure”.
Page 21 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
It is a Strategic Development goal (promoting growth and development) of the Municipality, to facilitate/promote the greater George as a tourism destination. In this regard the MSDF states: “The eastern approach to the George City Area along the N2 … traverses a rural landscape with views of the mountain range. This landscape is a strong part of the identity of George and connects to a rural tourism sector that is central to George’s identity and has much potential.” Numerous visitor/tourism facilities/services lie in the area. The conundrum is to balance the provision of visitor/tourist destinations, which rely on the draw of the natural ambiance of the area, without spoiling the visual impact of the Gateway zones.
The proposed land use is to be accommodated in the existing structures on the smallholding, which is approximately 600m from the Victoria Bay Road, but which will not affect the visual quality (natural/views) along such road.
The extent of the proposed use is scaled to suit the existing structures and no significant, additional burden on municipal infrastructure is foreseen.
The Draft Victoria Bay LSDF, 2016 has not yet been adopted. Nonetheless the following aspects/principles are included in the Draft document: George is rated as second in terms of the “ Development Potential Index”, but there are various challenges in reaching this potential: o Economic challenge – a service delivery- and creating environment must be put in place conducive to investment; o Social challenge: “It also needs to ensure that those living outside George, in villages or on farms, also have access to basic services and facilities. The challenge is to ensure that social investment not only addresses basic human needs, but also develops the human capital needed for a thriving and prosperous service economy”; o Built Environment: “The challenge is undoing the spatial legacy that apartheid left on the towns, villages and farms in the George Municipal area, and providing humane and enabling living environments for all”; o Natural Environment: “Notwithstanding the area’s rich and varied natural capital, it remains a sensitive and vulnerable environment. The challenge is ensuring the on- going functioning of eco-system services, that climate change is taken seriously, and the Municipality’s towns and rural areas are developed sustainably. Whilst the Municipality’s natural assets and productive rural landscapes need to be safeguarded, they also need to be opened up to all– particularly those denied access in the Apartheid era”; o The George Spatial Development Framework (GSDF) dated May 2013 is the “spatial manifestation of the municipal development agenda to address the abovementioned challenges. This spatial perspective of George provides the development context for the George SDF and as such for any Local Spatial Development Framework which is to be prepared as an extension of the George SDF”; The Spatial Planning Vision and Mission to guide the George SDF are the following: o Spatial Planning Vision: “Develop George as a Destination of Opportunity”; o Spatial Planning Mission: “Facilitate a sustainable and quality living environment which will: - Support Economic growth & vitality
Page 22 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
- Contribute to Social upliftment and wellbeing - Protect the environmental integrity” In order to achieve the mentioned vision and mission the George SDF, Spatial Development Strategies were adopted by the Municipality, and the following strategies are noted as applicable to the Victoria Bay Kraaibosch South LSDF (VBKSLSDF) area: o Spatial Development Objective: Restructuring and Integrating the Dysfunctional Urban fabric: The VBKSLSDF area is not considered urban as the majority of the area lies outside the urban development boundary, with only the Victoria Bay beach area, considered a hamlet. The issue should be spatially integrating the hamlet with the urban area, without supporting urban sprawl (extension of urban uses, such as non-agriculture related residential sprawl, offices, shops), whilst supporting “the George open space system through maintaining the integrity of existing elements of the system and actively seek to link various elements into a continuous green web"; o Spatial Development Objective: Strengthening the economic vitality. “The LSDF must promote economic opportunity areas within its development area where the local service economy can be strengthened”. Livelihood opportunities to be increased. Although the emphasis in the George region is on lower income families, the following strategies are noted to also be applicable to the VBKSLSDF: - Protecting and expanding natural and agricultural assets which contribute to the regional economy, - Supporting cross-boundary land use, management and conservation initiatives; o Spatial Development Objective: Creating quality living environments “The main challenge of George is to manage the development and growth of the urban and rural living environments to ensure ongoing sustainability and affordability whilst providing in the needs of the communities”; o Spatial Development Objective: Safeguarding the environmental integrity and Assets: “The natural capital of the George area, as a whole must be protected- on-going functioning of eco-system services, that climate change is taken seriously, and the Municipality’s towns and rural areas are developed sustainably and heritage resources be protected, such as the biodiversity network and the cultural and scenic landscapes” o Spatial Development Objective: Enhance the rural character and livelihood. “In terms of this strategy it is the Municipality’s intention to safeguard the natural and scenic assets which underpin the tourism industry. Victoria Bay is a popular tourist destination and the strategy is thus very relevant to Victoria Bay. In this regard the George SDF highlights the following aspects which are relevant to the Victoria Bay LSDF: - Managing all aspects of the Municipality’s rural areas in a manner which respects nature and sustains the functionality of ecosystem services, - Areas of conservation worth (i.e. critical terrestrial and aquatic biodiversity areas, and ecological support areas) are consolidated as far as possible, - The entire rural area is managed to sustain ecosystem services (e.g. supply of clean water),
Page 23 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
- Adopting and using the landscape-wide biodiversity information and mapping emanating from the Garden Route Initiative (GRI) as primary determinant of how to develop and manage the rural component of the municipal area, - Consolidating, extending and linking the Garden Route’s network of formally protected, areas (through, inter-alia, the roll-out of the newly established Garden Route National Park), - Actively supporting Cape Nature’s stewardship program to secure conservation status for critical biodiversity areas situated on private land that are not currently formally protected, - Managing urban and rural land uses to ensure that landscapes linking critical biodiversity areas can function as ecological corridors (i.e. along the coast and along the rivers that link the coast to the mountains), - Safeguarding the Municipality’s farming and forestry areas as productive landscapes, equal in value to urban land, - Maintaining a clear “green” edge around all settlements – large and small – in the municipal, - Curtailing “new” coastal, estuarine or inland residential development which is not integrated with existing settlements. Draft Landscape Characterisation & Visual Resource Management Analysis, 2009. “The purpose of this report is to establish a Visual Inventory to “benchmark” the existing landscape character of George and its environs. This study contains important guidelines for maintenance of the characteristic landscape which are applicable to the Victoria Bay LSDF. Such report relate mostly to the Victoria Bay Hamlet area; The VBKSLSDF describes the land use pattern in the overall area as follows: o Natural Environment: “The N2 route separates the area into two distinct precincts. It creates a buffer between the northern area with primarily rural area with limited farming activities and the southern area, primarily with rural occupation and tourist accommodation and related facilities located within a natural environment”. “The hills, mountains and Kaaimans River corridor define the space and contribute to a unique sense of place and quality. This unique sense of place as well as the breath- taking vistas over the mountains, ocean, river corridors and surrounding rural environment is contributing factors to the increased popularity of / and interest in the area as a holiday and rural residential destination”. o The VBKSLSDF also note that “limited small-scale subsistence agricultural and farming activities are present”. The Destiny Africa (mixed use, tourism/ conferencing /film production orientated development) area is acknowledged as a component of the area, albeit not implemented. The land outside the George urban edge must be treated differently and not be subjected to urbanization, this being very relevant to the Victoria Bay LSDF, o Urban Environment, including Urban development in the Kraaibosch / Victoria Bay area is limited to “the existing row of residential dwellings located at the seaside and along the Kaaimans River, holiday / tourism accommodation facilities (guest lodges, guest houses, resorts and self-catering units) along the Victoria Bay Road, a vacant derelict sawmill and petrol station to the north of the N2 National Road, services businesses (petrol station, farm stall, restaurants, and nurseries) south of
Page 24 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
the N2 National Road. The position of the urban land uses are shown in the figure below:
AGRICULTURE COMMERCIAL OTHER INDUSTRIAL RESIDENTIAL RESORT NATURE
Site 172/195
The Victoria Bay LSDF area is typical of the areas Transect Areas T1, T2 and T3, have a definite non-urban character and should be situated outside the urban edge and correlate with the character of Victoria Bay / Kraaibosch South. This area has a certain land use pattern that clearly distinguishes it, for instance, from the agricultural area to the west of George;
NATURAL RURAL SUBURBAN GENERAL URBAN URBAN URBAN CENTER CORE
The Economic drivers of the area “reflect that of typical service and tourist related business and retail activities, such as filling stations, restaurants and other service business, mainly located along the N2 National Road. The primary economic driver of the area is linked with the tourism industry” It is inferred that tourist facilities should be of appropriate type and scale so as not to negatively impact on the sense of place.
Page 25 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
George itself remain major employment centre and where urban uses should be located; “The N2 National Road at Kraaibosch is the entry point to George, thus the surrounding areas must be developed in such a way that it promotes anaesthetically pleasing environment”; “The positive impact of tourism and its contribution to the local economy has been realized by the various role players. The need to manage this impact in a sustainable manner has become critical”. Thus strategies must be identified and implemented for the enhancement of tourism and preservation of the natural environment”. It is the stated, with relation to the space economy of the area, that the intention of the Victoria Bay LSDF to ensure that the following character is protected and strengthened: “the focus will remain on enhancement of the rural character of the VBKSLSDF area and promotion of the tourist and rural occupation character as it is evident that these are the characteristics that have and continues to contribute to the attraction of the area. Development opportunities include appropriate development, such as established agri- tourism providing accommodation for tourists and visitors; The revitalization of the rural area, is also noted as an opportunity, but using guidelines to permitting land use zones in accordance with existing character to protect the sense of “place and pride”; Economic and tourism opportunities are highlighted to encourage residents to become involved in local tourism in order to strengthen tourism industry; The spatial planning principles, albeit seen within the context of the urban-rural distinction, promotes the “integration of built and non-built environment in order to achieve the economic, environmental and recreational interaction which potentially exists between them and make maximum productive use of urban resources the biodiversity character of the coastal edge. Another spatial planning principle relates to the promotion of the visual corridor along the N2 National Road through the use of visual buffers and innovative design; The Vision of the Kraaibosch / Victoria Bay area, as “an integral part of the greater George area and its environs”, is “To provide a foundation for maximizing the value that can be obtained from environmental assets, natural landscape and scenic beauty through responsible utilization of these resources in a manner that would render a sustainable rural node for the benefit of present and future generations”. The goals and objectives of the area is stated as: o “To develop and maintain a strong local economic base - To develop and stimulate economic activity in a responsive and appropriate manner. - To promote tourism. - To market the Kraaibosch / Victoria Bay area more effectively”; o “To facilitate the development of a functional well integrated, economically efficient, convenient and comprehensive rural environment - To contain and prevent urban sprawl. - To identify urban edges to manage urban growth in the short, medium and long term. - To compile an effective densification policy. - To enforce land use patterns with variety, but with quality.
Page 26 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
- To strengthen the tourism potential”; o “To promote a safe and efficient road network - To reach finality on the alignment of the proposed Bypass-routes. - To control the speed along certain routes. - To provide adequate and convenient parking”; o “To restore and conserve the natural environment / setting / aesthetics - To reinstate the “sense of place” and function of the gateways. - To limit and control development within environmentally sensitive areas. - To develop an integrated open space network. - To control pollution”; o In the approach to Management proposals, the Victoria Bay / Kraaibosch South Local Spatial Development Framework “is the spatial development plan on which the proposals referred to are shown. The Landscape Character and Visual Resource Management Analysis, 2009 drafted by VRM Africa (LCVRMA) warns against the effect of large dwellings where large tracts of land have been cleared of any significant screening vegetation. There is also a danger that subdivisions could fragment the landscape with the introduction of new access routes”. The LCVRMA report includes recommendations of guidelines by which the landscape in the rural residential areas should be managed. These guidelines apply in the area covered the Victoria Bay LSDF as well, over and above the guidelines mentioned below. The guidelines mentioned below as well as those mentioned in … the Victoria Bay LSDF are based on the general principles and guidelines of the LCVRMA and should be applied in combination”. “Design management guidelines should be consciously encouraged if a desired rural environment is to be achieved and the following principles must be applied: - Create human scale. - Create variable interface conditions to enable users to experience a vibrant rural fabric”. o “Landscape management - For any development where parking is required, treatment of parking should include adequate landscaping. - Landscaping should make adequate provision for road signage, street furniture (benches, street lighting), tree planting”. o “Land use development management - Encourage appropriate land uses. - Avoid inappropriate land uses in sensitive areas. - Restrict footprints of the different land uses in accordance with applicable guidelines and policies. Major Road upgrades planned for the VBKSLSDF area, as per the George Roads Master Plan, do not affect the immediate vicinity of the subject property; Precinct Plans are envisaged for the various sub-areas of the VBKSLSDF area and the subject site falls into proposed Precinct K, earmarked for rural occupation, with limited tourist accommodation / resort accommodation. The primary use of the subject property will remain residential (homestead), with the winery and associated uses (See Par 4.1) as a supplementary, limited scale use. Insofar as the proposed use is concerned, being an agricultural industry, with related tourism use components, the following may apply:
Page 27 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
o Buildings may not exceed a height of 6.5 metres. Visual impact will be strictly monitored, o Fencing / walls along street boundaries must be visually permeable, o Building restriction areas of 30 metres along street boundaries must be maintained and landscaped to the satisfaction of the Municipality, o The use of fences within environmentally sensitive areas and natural corridors prohibited, o No natural source of recreation is required; o Every effort must be made to introduce mitigating measures to minimize any possible impact of the new developments / land uses on the environment, o Owners of each portion must become part of a joint HOA for the whole of the precinct with the responsibility to promote uniformity in design and aesthetics and maintain private, internal collector roads and natural areas. The Spatial Plan of the Draft VBKSLSDF, shows that the subject property lies in a primary conservation buffer, as does the larger proportion of the LSDF area. The plan does not specify use, which is described in terms of use principles in the report, but does specify residential density; General design guidelines o Open spaces should be linked to form green corridors, o Areas of indigenous vegetation should be protected and enhanced, o All new planting should be indigenous to the area, o With regard to architectural style, good design should be observed so that buildings do not clash with the built and natural environment, o There should be space for tree planting to screen hard edges of developments, o New buildings should preferably be situated in close proximity to existing buildings which will retain a sense of vacant and wide-open space between developments, o Buildings should be situated within or adjacent to existing trees, All new development proposals, especially those which are highly visible from public roads should include a site development plan showing the treatment of all areas on the site and landscape proposals. “Design approach: The treatment of sensitive and controlled development sites should contribute to the enhancement of the semi-rural character of the area to work towards a coherent identity that differentiates the area from the surrounding areas. Developers and built environment professionals, particularly architects, should adopt this”. Note that the access to the buildings/site is visible from the local access way (See Figure 2: access to site), but not from the Victoria Bay Road or any other main road. The homestead is partially visible from adjacent properties. The partially sunken cellar rooms are hardly visible from the site entrance itself and even less visible from adjacent properties. Figure 3 shows the view from the existing cellar (to be used as the winery) in all directions.
3. THE APPLICATION
These applications (consent and departure) are submitted to the George Municipality in terms of Clauses 15(2)(b) and (o) of the George Municipal Land Use Planning By-Law, 2015 (Planning By- Law), as read with the George Integrated Zoning Scheme By-Law, 2017 (‘the Scheme’) for the
Page 28 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
granting of Consent, to allow the use of Portion 172 of the farm Kraaibosch 195, George RD (currently zoned ‘Agriculture Zone II) for the purposes of a “Agriculture Industry”(winery and distillery) and a subsidiary “Tourist Facility”, whilst retaining the residential (house) use. Par. 4.1 relate to the proposed use and Par. 4.2 translates such use into terminology/descriptions as per the Scheme.
Application is also made for a departure to reduce the building line along the southern boundary to 1m in order to allow the construction of a guardhouse along the property access-pan-handle.
Details regarding the current land use parameters and the proposed use, consent and departure are noted in the following paragraphs.
4. PROPOSED USE
4.1 LAND USE
As noted in Par.1, the land owner principally wishes to use the site as a winery (see Municipal description below), where wine is stored and aged (cellar). The existing, private cellar building can be used for foresaid purposes. It is proposed to open the winery to the select persons/groups (by reservation), within one specified building on the smallholding (the existing cellar building and connected reception/lounge), whilst the land owners and his family still reside on site. The primary land use will remain rural residential (homestead).
The Ahlströms’ connection to the exclusive Donegal boutique winery is considered the catalyst for their desire to add additional uses to their land use rights, and the unique setting, in the Vic Bay area, coupled with the tourism potential in George, prompted their desire to open the winery(winetasting, wine pairing and wine sales, also including storage and aging of wine on site, distillery, if later expanded to such activity) to an exclusive set of visitors.
No significant, addition* to the existing buildings, to cater for the proposed use, are foreseen and of these buildings, it is proposed that the cellar and lunge area be used to accommdate service offerings such as exclusive wine/spirit tasting, wine-paring, wine sales, bookreadings, compatible music/ music performance, lectures, intimate wine tasting parties, skills demonstrations and such uses. Tourist functions (exclusive SA food and wine pairings, heritage/fauna and flora talks, industry lectures) are also planned to be held within the confines of the abovementioned, existing building. Collaboration with other wine estates in joint service offerings is also an opportunity. *Refer to the Draft Site Sketch which shows the possible (maximum) addition of a small ablution (6m² estimated) and a guardhouse (3m² estimated) to the existing building.
The winery itself includes three components (see sketch extract below): 1. The lounge area, with tasting tables, point of sales, display area;
Page 29 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
2. A connecting (underground) walkway); and 3. The cellar area (existing: approximately 142m²), where barrels will be kept for aging (production process) and storage of wine/distilled spirit and tastings/functions (as listed above). The cellar has been built underground in order to maintain temperature, within the building, conducive to wine-making/aging. Wine is bottled and corked on site (within the cellar), by way of a mobile unit. The roof of the cellar (approximately ground level – see photos (Par 1) may also be used as part of the wine tasting/function area. Food pairings and functions will take place in/on the cellar. Existing: 58.1m² Existing 142.1m² area to be area to be used for used for wine tasting and wine tasting and partially underground cellar sales
7m 7m
Downward 8,3m 11,6m 20,0m stairs to sunken Eastern part of roof structure is approximate ground level: Usable area: 142m² entrance Tasting Wine tables Fireplace Tasting ageing area barrels
Riddling Racks Point of barrels cash sales register Underground walkway
Tasting Entrance tables
Wine display rack
Figure 13: Proposed use of the existing partially underground cellar building
The draft Site Plan Sketch (Annexure I) shows that general circulation area and two parking areas (24 bays shown, additional area available) can be provided on site, over and above the parking related to the homestead. The extent of the proposed uses may be defined to be congruent with the access/parking provision. It is not anticipated that there will be more than 50 people on the site at a time. The technical parameters (such as parking and seating space) will place a practical limitation on the number of reservations.
The unique ambiance of the setting is key to the success of the proposed, intimate tasting- & pairing room/area. Various exclusive tasting rooms throughout the Cape offer wine- tasting as an experience, rather than merely visiting the vineyard/shop, such as Karusa, Herold, Weltevrede Kuip, Excelsior, Klein Roosboom, Die Bergkelder, Hoffstraat Kelder, My wyn, amongst others.
Note that a winery is not a general shop/bar/pub, as would be found in urban areas. Hence the defined zoning category. It is foremost part of an agricultural activity (production of wine), and also an exclusive, experience offering. There are numerous event facilities, catering for large groups of people, such as Far Hills, Carmel, Surfari, Inn Victori, George
Page 30 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Country Lodge, Gateway Hotel, which cater for larger functions. The wine-tasting and food- pairings will be related to Donegal or host vineyards/distillery and will be up-market and by reservation only.
Tastings and sales will be done between 10am and 5pm, with evening functions from 6 to 11pm, if any. Note that the property is in the first instance a homestead, so it is not anticipated that evening functions will be all that frequent.
Background music will be played within the building.
It is anticipated, when storage of wine in barrel on site starts, that three people will be employed, from time-to-time in the cellar and two persons will be employed to assist with administration.
4.2 PROPOSED RIGHTS
4.2.1 Background
The proposed land use, as described in Par. 4.1 is definable and limited in extent. To relate the proposed use to defined rights and land use definitions, as contained in the Zoning Scheme, was problematic. During the pre-application stages, the proposed uses were reviewed and it was agreed that the proposed rights were appropriate in relation to such use. Note that the proposed use is not a place of leisure, nor a place of entertainment, nor a market, nor a farm stall, nor a full restaurant, nor a bar and not a general shop.
A winery is a defined use, being a place as described in the definition below. Such use, is contained within the “Agriculture Industry” land use category. Hence the consent needs to reflect the rights as detailed below. The Zoning Scheme is not very specific with regards to food-and-wine-pairings and as such the land use category of “Tourist facility” was added to the consent to allow food-pairings, lectures and other subservient uses listed in Par. 4.1.
4.2.2 Proposed Zoning, Consent and Departure
The current zoning, being “Agriculture Zone II” will be retained; An application for consent is submitted, by virtue of the provisions of the Land Use Planning Bylaw for George Municipality, 2015, as read with the George Integrated Zoning Scheme Bylaw, 2017 to include the following uses (as defined in the Bylaw – see below): Agriculture Industry, which includes a Winery Tourism Facility
The “winery” rights relate mostly to the ageing of wine (cellar) and to the wine tasting and sales.
Page 31 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
The “tourism facility” rights, by definition” is added in order to allow, primarily the food-pairing facet and to facilitate collaboration with other wineries. The intension is not to have a full restaurant (general terms) on site. It is envisaged, as was done with private functions recently held, to join with local restaurants/chefs to prepare the food off-site and assemble and present it at the cellar. Nonetheless, the right to sell the food platters/offerings as part of the winery is contained in the “tourism facility” definition, as noted below. Limited cooking demonstrations, by local chefs, was also posed as a possibility – again, to be held within the existing buildings.
For ease of referencce, the following extracts of the Zoning Scheme, defines the mentioned land use catagories: Note that the descriptions are as per the Scheme, and not all the catagories are applicable to the proposed use, and will be excluded: Definitions: “AGRICULTURAL INDUSTRY” Land use description: “agricultural industry”— (a) means an enterprise for the processing of agricultural products of which the majority of the products is sourced from that land unit and if not produced on that land unit, then from the land units farmed by the owners of the enterprise with a minority of the products sourced from the surrounding or nearby farms; (b) includes a winery, dairy, distillery, the bottling of mineral or spring water, a saw mill; and (c) does not include an abattoir”.
Noted points in the Pre-application discussion: o The Traceability Report has been submitted which shows that “land units are farmed by owners of the enterprise”; o The rights to be applied for will specify which of the automatically included rights (see Scheme definition above) will be excluded: dairy, bottling of water and saw mill.
Winery “Winery” means, in terms of the Bylaw, a place where wine is made, and may include a selling point to the general public and wine-tasting area. It was noted in the Pre-application discussion that the process where wine is fermented/aged on site constitutes “where wine is made”, although the picking of grapes, press and filling of barrels is done off-site. A traceability report was presented, stating that specified blocks of vineyard are allocated for the making of Donegal wines.
Tourist Facility The Zoning Scheme Bylaw defines “tourist facilities” as “amenities for tourists or visitors and— o “ includes lecture rooms, restaurants, gift shops, restrooms, farmers’ market and recreational facilities; and o does not include an off-road trail, a hotel, wellness centre; or tourist accommodation”.
Page 32 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
During the pre-application discussion, the inclusion of the tourist facility use was not in contention, as it is subservient to the “winery” use and may be included in the rights to allow for lectures/demonstrations, restaurant. If prudent, the rights should exclude uses, listed in the Scheme definition, which is not applicable, such as farmers market, recreational facilities.
Since this is a combined use, the development parameters must be cleared with the Municipal Departments, but, generally, the following should apply: Development parameters: The following development parameters apply to land within the Agriculture Zone II land use category: (a) Building lines 10 metres from any boundary in respect of properties smaller than 2 hectares, provided that a street building line of 5 metres applies to properties smaller than 5000m²…; (b) Height (i) The height of a dwelling house may not exceed 6,5 metres to the wall plate in all cases and 8,5 metres to the ridge of the roof in the case of a pitched roof. (ii) Agricultural buildings other than dwelling houses may not exceed a height of 15 metres to the top of the roof. (iii) Earth banks and retaining structures which in the opinion of Municipality are associated with bona fide agricultural activities are exempt from the general provisions in this regard in this by-law. (c) Site development plan For any development in this zone, including any part of the land not zoned Agriculture, a site development plan must be submitted to the Municipality for its approval taking specific cognisance of visual impact given the size and scale of the agricultural buildings and facilities and their location in a rural landscape, and in their proximity to tourist routes. Other/general: o Parking: To be determined: combined use principle apply. See Par. 2.9.2. o Floor area ratio (Floor factor): Not defined in the Bylaw – to apply to use categories o Coverage: Not defined in the Bylaw – to apply to use categories o Refuse area to be provided o Loading and turning facilities to be on site o Services (Water, sanitation, electricity, storm-water, access) demand and supply to be demonstrated in the application.
An application for Departure is required to allow the construction of a small guardhouse in the property’s access panhandle, which is subject to a 10m building line. A relaxation of this building-line is required, to 1m, in this position (See the Draft Site Sketch Plan, Annexure I).
Page 33 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
5. NEED AND DESIRABILITY
Introduction:
Donegal Wine Estate is an exclusive, boutique winery. The existing private cellar is suitable for the storage and ageing of wine on site and for accommodating the proposed tasting and pairing service. Donegal considers it a privilege to bring the shared wine tasting service to the George area. Barrels are brought to site once every, year (expected). As in the past, bottled wines will mostly be ordered and sold on the internet. Wine is bottled on site, once a year, using a mobile bottling unit. Tasting is, however, an important component of the local and international sales process. Wine making is considered a prestigious and successful enterprise – distinctive of the Cape Province. Given the intended market, being limited groups of foreign and local wine buyers and tasters, the winery is presented as an upmarket land use. The winery will not only form part of the Donegal Wines’ business, but will also form part of the Greater George tourism/economic/agriculture diversification milieu.
The need to support entrepreneurship and business sustainability cannot be disputed, albeit on small scale, as in this case. The contention, it seems, relate to the accommodation of the use in the proposed position and to the ability to contain the use so that the impact remains limited.
The desirability of the site should be gauged in terms of the extent and impact of the intended, defined use on the site itself and the environment/ landholdings/owners in the site vicinity and sub- region.
General, technical suitability The site: is large enough to accommdate the proposed use; currently includes buildings which can accommodate the proposed use (and has space to include the estimated 9m² of possible extension); accommodates purpose made buildings to suit the proposed use; is accessible to the intended users; is accessible to emergency vehicles; slope can accommodate the proposed use components (existing areas); is not affected by wetlands/rivers/streams/watercourses/dams; is large enough - the proposed cellar/tasting rooms are more than 100m from any of the buildings on adjacent properties; has access to sufficient engineering services; was designed sothat the majority of trees can be retained; was cleared from invasive species; includes indigenous plant landscaping; includes onsite water retension facilities; includes the buildings which will accommodate the proposed uses have no additional visual impact on adjacent site buildings; includes buildings/uses that cannot be seen from any major roads; is of sufficient size that parking and vehicle maneuvering space can be accommodated on site.
Page 34 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
(also refer to technical aspects noted in other paragraphs/ motivation points).
Access and traffic impact
The winery is, primarily, the building where wine will be stored and aged. As noted the existing cellar will be used for this purpose. It is estimated that barrels will be brought to site, once a year. Batches sold will be collected by courier and it is estimated that no more than one delivery vehicle per week will come to site for collections. All off-loading and manoeuvring can be done on site.
The winery also requires a tasting-room (existing lounge and cellar-room to be used), where potential merchants and wine-stock buyers come to sample wine, i.e. a destination for an invited few, to taste wines, with the intension to buy. This component of the use is expected to cause one or two cars per week to come to site. Traffic is not anticipated in usual peak flow times.
A private 13m wide access servitude currently serve 13 land portions. It is a dirt access-way, maintained by the residents of the area on an ad-hoc basis. The reserve width is adequate to accommodate the traffic which is anticipated to be generated by the winery (wine merchants, wine- tasting/pairing during the day) in addition to the existing homesteads that the lane serves (access classification ONRC). Properties along the noted right of way servitude (access-way) are fenced in such a way that the 13m reserve remains open and their security measures (fences) separate the roadway from their living areas.
The wine-pairing and tasting occasions will be done on a reservation limit congruent to the number of parking spaces, or space required to host intimate/exclusive get-togethers/tasting. It is possible to control these numbers as it is a reservation service. 36 parking bays can be accommodated on site (existing circulation area and additional parking space, excluding parking for the residence), only 24 spaces required for 50 visitors(expected maximum), are shown on the Draft Site Plan. In the event of occasional evening-tastings, invitees will arrive over a period of time and will not all leave at once. Given the maximum anticipated number of visitors, the capacity of the local access way and the Victoria Bay Road (collector road) is deemed sufficient.
Victoria Country Estate, as other residents/lodges in the area currently use private security service. The access road is of sufficient, protected width for security and other emergency vehicles to travel on.
Fire Risk
There are two sides to the discussion, in any area, with regards to fire risk – the fire risk posed by the proposed use, as it will affect the area and the risk of fire in the area on the proposed use.
A Fire Safety Certificate (FSC) will be obtained in respect of the buildings and proposed use. Such plan will relate to areas where people will move, surfacing in these areas, building materials, fire equipment, emergency assembly areas, evacuation procedure, etc. Measures can be put in place to minimize fire risk emanating from site. Currently there are six commercial fire extinguishers on site and hoses to reach 100 % area of the cellar/proposed circulation area. The practicality, capacity of
Page 35 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
the proposed measures and the requirement relating to fire water pressure is deemed adequate and will be evaluated as part of the on-site fire plan (part of the SDP stage and the FSC process). The assembly point will be marked on a notice/pamphlet at entrance to the cellar/site and people will be made aware of fire risk in area via notices, as required by the relevant authorities. A smoking point will be demarcated and secured.
The proposed use constitutes a large investment and the safety of the resident family is priority.
Security Risk
Similar to the fire risk, security risks relate to the risk the area poses in regards to the safety of the proposed site-users and also the safety risk, for the local community, brought on by additional people in the area. Various break-in attempts have been recorded with SAPS in the past years. A draw-back of beautiful open spaces is that persons can misuse the benefit these spaces provide and wander/hide with the intent to commit crimes. The majority of the users in the area is aware of this risk, as it comes with ‘the territory’. Hence land owners put up fences and make arrangements to secure their properties and its users. Again, the Alströms not only wish to see that the winery is a success, but also reside on site themselves. All possible endeavours will be made to secure both the investment, the family and the staff/workers.
Noise
Noise is always a concern when any non-residential use is proposed, albeit a secondary use and it is a difficult aspect to mitigate. The Ahlströms are also musicians and neighbours have mentioned hearing them play their two pianos and singing. The noises associated with residential use (dogs, children, music) is usually tolerable and is controlled via the Municipal Bylaws. It is understandable that the music and chatter related to the food-and wine pairings, wine tastings, lectures, and such can be a concern. Note that the proposed use relate to exclusivity and style and loud, abrasive music will not be appropriate.
Mitigating factors include: The main intent with the application for a winery is to store and age wine on site. There is little noise associated with such use; The wine purchasers/merchants will mostly visit the site during office hours and only appropriate background music will be playing in the cellar rooms. The sunken design of the building aids noise insulation; The cellar rooms are more than 100m away from the closest residence on adjacent properties; The Alströms’ house is situated between the cellar and the residences on holdings 388/195 and 171/195; The users of the buildings across the ‘open area”, to the west will be most affected as sound rises and these buildings are higher than the Ahlströms homestead. The closest building to the west and south-west are approximately 200m from the buildings on the subject property, with trees and other vegetation in between, which will contribute to the screening of noise (music);
Page 36 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Light impact
The winery use, insofar as the storage and aging of wine is concerned, will be done within the enclosed/ partially sunken cellar-rooms and no external light is required. As the cellar-rooms are partially underground/sunken/enclosed and the wine-tasting/ wine-pairing/ lectures is proposed to be housed within the building, light impact can be managed. Should the roof of the cellar be used, downlights may be used. The trees surrounding the cellar (See photo, par 1), will also screen lights. Note that the type of use (See par 4.1) relate to soft lighting, suitable to the intended ambiance, rather than glaring light. Vehicle lights, of departing visitor, will face towards the south and or east.
Impact on Engineering Services
The proposed use, albeit the winery itself and/or the tasting and pairing service will not require any upgrade by the Municipality in terms of the existing engineering services network. Water: The proposed use is not a significant water demand use. Water is available via the existing connection point (metered). Sewer: The additional sewer volume, related to a maximum of fifty people translate to an estimated 12 000ℓ. The existing conservancy tank (27 000ℓ) is sufficient to deal with the maximum expected demand. SANS regulations require 3 WC pans, 1 urinal, 2 washbasins for the use of a group of 50 people. Such facilities will be provided. Electricity: The existing electrical supply to the holding/homestead/cellar will be sufficient to accommodate the proposed use. No upgrade of the supply system is required. Storm-water: Upgrades related to storm-water management, ablutions, fire safety infrastructure will be shown on the SDP, to the satisfaction of the Municipality. The principle of slowing natural storm-water events/flow across the site and ensuring that pre-and post- storm-water run-off is similar and managed will apply.
No additional sewer-, water- and/or electrical capacity will be required.
No significant increase is refuse volumes is expected.
The reserve-width of the private access road, in relation to the number and use of properties it serves, provides sufficient access capacity. The treatment and/or maintenance of such private access-way may be addressed by the adjacent (accessing) landowners on a pro-rata basis.
Loss of natural area and/or area ambiance
The building footprint will not be increased by more than 9m² and only should additional ablutions and a gatehouse be built/required. The existing homestead circulation and parking areas will be used, with an overflow parking-area available (existing cleared, woodchip area). Note that no additional divisions/houses/large structures are proposed and the circulation/access is along existing surfaced (woodchip) internal areas and roadways. The property falls within a strip of land (subdivided small-holdings) mostly, previously transformed. New uses in the area, albeit farming, tourism, residential should protect and strengthen the perceived area character as stated in the strategic framework documentation. I.e. the focus should remain on “enhancement of the rural
Page 37 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
character of the VBKSLSDF area and promotion of the tourist and rural occupation character as it is evident that these are the characteristics that have and continues to contribute to the attraction of the area”. The proposed Agriculture Industry (See Par 4.2) and the related, lesser tourism offering intends to support such area character.
Ambiance is a subjective concept. Smallholdings, specifically, could be prone to un-coordinated, unsightly development, with some derelict, informal/unappealing rural residential- and farming structure/areas, which do not do justice to the intent of beautiful low density environment. True natural ambiance is lacking, in most instances, in holding-properties of less than 2ha, since the majority of the sites are transformed (homesteads, gardens) and the ambiance is more often than not derived from nearby large tracts of land/ natural ‘green fingers’ or from views. The three or four smallholding enclaves in the VBKSLSDF area and the lodges/retreats /accommodation facilities do benefit from the ambiance of the surrounding natural areas (See Annexure H and the photos in Par. 2.7), being relatively large, protected land portions and associated green linkage areas. Investment, diversity of compatible use and protection of value, area image and area maintenance also contribute to the feeling of “well-being” in an area, irrespective of the number of users of such area. Notwithstanding the subjectivity of the term comfortable/acceptable living environment/good ambiance, the quality of the Ahlström’s homestead is deemed a plus for the small-holding enclave. The facts that they are one of the few holdings which endeavour to retain trees, blend their buildings with the environment and reside on site with their family, illustrates their vested interest in the ambiance-value of the area. The retention of the natural atmosphere of the area is deemed a crucial element for the success of the wine-tasting and food-pairing experience and as such all efforts to retain the ambiance will be made.
Environmental Impact
As noted the total additional area of transformation on site, due to the proposed use is an expected 9 m², with limited visual impact (buildings). The proposed use (See Par. 4.1) will be subservient to the current use (homestead) and rights (Agriculture II) and the impact will be limited to existing buildings (excluding the possible gatehouse and four toilet ablution), and existing access roads. The bottom (lowest, furthest away from the access road), a third of the site will remain undeveloped and can be read as part of the green strip on adjacent properties. The type of agriculture industry proposed (winery), as it will be operated on site (storage and aging of wine) do not produce negative by-products, no excessive water demand requirements, is not energy demanding, and can be contained.
As noted in Par. 2.8, the site is not subject to streams/river-courses, dams, flood-lines, protected areas, critical biodiversity areas, critical biodiversity areas (degraded) nor ecological support area (res). The locality within an ecological support area may require that on-site aspects be detailed in the SDP, if required, such as permeability of fences.
It is considered prudent that the few small holding enclaves in the VBKSLSF area be contained (no subdivision of large land parcels) and that development (residential/farming/other) within these enclaves be of quality and scale that the building footprint remain less than the coverage allowed for in the Scheme.
Page 38 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Use Management
Note that the land use rights are supplemented by other statutory requirements, all aimed at managing (dictating rules and regulations) various use aspects, such as a District Health Certificate, Fire Certificate, Liquor licence and others.
Strategic Planning Context
The proposed winery is not an urban use, nor is it a high-volume tourist attraction/facility. The urban-rural/natural transitional area is appropriate for the type and scale of use. The intent and guidelines of the GSDF and Draft VBKSLSDF facilitate contained, appropriate uses and do not prohibit, by intent the proposed use/rights, at the scale proposed, subject to adherence to all required statutory processes (licences, certificates, etc.).
The general design guidelines for the area, mentioned in the Victoria Bay LSDF and as based on the general principles and guidelines of the LCVRMA “should be applied in combination” for the Victoria Bay, Kraai Bosch South area as a whole: o Open spaces should be linked to form green corridors – the holding lies adjacent to a green space (stream and green strip on adjacent properties) which will not be affected, o Areas of indigenous vegetation should be protected and enhanced – the holding includes eucalyptus trees, which will be retained; o All new planting will be indigenous to the area – landscaping was done to include indigenous plants , o With regard to architectural style, good design should be observed so that buildings do not clash with the built and natural environment – the proposed use will be accommodated in existing buildings, which blend with the environment and cannot be seen from any road, o There should be space for tree planting to screen hard edges of developments – there is space for such screens to be planted, if required. Note that the buildings on adjacent properties, are more than 100m away from the area/existing structure/building which will accommodate the proposed use, o New buildings should preferably be situated in close proximity to existing buildings which will retain a sense of vacant and wide-open space between developments, - only a small guardhouse and possibly a small ablution is proposed. The guardhouse can be designed to blend with the existing entrance structure, if required and the small ablution (four toilets) will be placed adjacent to the existing buildings, o Buildings should be situated within or adjacent to existing trees – the buildings (existing) are in between the existing trees.
The Provincial Spatial Development Framework guides development and settlement on a provincial scale and although the proposed use is limited in scale, i.e. within outbuildings on a small holding, the proposed use does not, in principle contradict the guidelines set in the Provincial Spatial Framework, as it is embodied in the Municipal and Local Frameworks.
Guiding Principles: SPLUMA and LUPA
Page 39 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
In terms of the principles, which should guide development, as contained in Section 42 of the Spatial Planning and Land Use Management Act (SPLUMA), Act 16 of 2013, as read with Chapter VI the Land Use Planning Act, (LUPA) Act 3 of 2014 the following motivation is presented in support of the proposed supplementary, limited scale, use of the smallholding: Principle of spatial justice: - The approval of the consent will allow access to the smallholding (Agriculture Zone II) for agriculture industry purposes. Spatial justice not only relates to increased access to land in terms of ownership opportunities but also to increased access to land for agricultural purposes, in this instance. It is recognized that the scale of the proposed use is relatively small and that the applicability of this principle does not relate directly to increased access to land to address historically distorted ownership patterns. No land division and/or transfer is required; Principle of spatial sustainability: Supporting development which is in the fiscal, administrative and institutional capability of government: - The proposed additional use will not require any additional investment by Government and the process followed is as prescribed by the local authority. Existing Bylaws manage and penalize transgression of approved rights and general land use compatibility issues, such as noise (See George Municipality By-Laws). As mentioned, exiting regulatory processes (such as building clearance certificates, liquor licences, fire certificates, health certificates, etc.) form part of the government’s existing institutional and administrative capabilities and will apply to the proposed use; Principle of spatial sustainability: Abiding to environmental management measures: - The proposed use is mostly (except possible 9m² buildings, if required) within the existing buildings and the vehicle- and persons- movement areas are on/within the existing circulation area. The use is limited to the extent that it can be accommodated within the existing structures, as shown in Par. 4.1. The comments of the environmental department on the Site Development plan will be welcomed, as the owners endeavour to use the site in line with environmental management measures, if specifically applicable. The proposed winery use is not a polluting use, i.e. albeit an agriculture industry use, the storage, aging and bottling of wine does not affect the air, water or ground. The tasting- and less- significant ‘tourism’ use (see Par. 4.1 and 4.2) can be managed via the municipal by-laws and other statutory regulations; Principle of spatial sustainability: Limiting urban sprawl; - As noted the proposed use is deemed an Agriculture Industry Use and the subsidiary uses relate to the “tourism” land use definition, as applied based on the interpretation of the Land Use Bylaw Definitions (See Par.4.2). The proposed uses are not uses that will be preferable within an urban building, but more suitable/viable with the urban-rural-natural transitional zones, as embodied in the VBKSLSDF. The proposed use is of limited extent (on one property, within existing buildings) and do not constitute a node, nor the expansion of urban area; Principle of spatial sustainability: Stimulation of effective and reasonable land prices: - The investment in the small holding and the quality of the infrastructure, which will be utilized for the proposed use will not devalue the area (is existing). The added rights, albeit limited, will increase the land price of the property. The maintenance of small-holdings is a specifically resource draining aspect and the decline of such enclaves have a detrimental effect on land prices. Once unsightly uses (rental rooms/units, sloppy agriculture structures,
Page 40 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
large vegetation clearing related to gardens/farming) start to take root in an smallholding areas, land prices usually decline; Principle of spatial sustainability: Creating sustainable communities: - Nearly all the smallholdings in the area include land uses, over and above the residential use allowed in terms of the current zoning. Farming, hot-houses, professional offices, horse riding, guest houses, etc. In the current economic climate communities should endeavour to sustain themselves; Principle of efficiency: Use of existing resources and infrastructure - The existing buildings/structures/circulation areas and existing infrastructure will be used to accommodate all site uses, including the homestead and outbuildings, the proposed winery and the related uses. The proposed use is not a resource-intense use, i.e. albeit an agriculture industry use, the storage, aging and bottling of wine does not require substantial increase in the water resources, for instance. Engineering infrastructure is available (existing); Principle of efficiency: Decision making process designed to have minimal negative economic-, social-, administrative- and environmental impact: - The decision making process is equitable as it considers the various impacts, as noted, in a balanced manner and acts in the interest of George as a whole, on an impartial basis, rather than being swayed by the nimby-principles. As noted, the various approval components (certificates, permissions, clearances) deal with the acceptability of impacting aspects from various perspectives by controlling the scope and technical components of the proposed use. The use of existing buildings/areas to accommodate a service offering/economic use/tourism opportunity, albeit limited, should be placed in perspective, given the retention of existing footprint, the limitation of extent (footprint, uses and visiting numbers), the “clean”(Non-polluting) nature of the use and the controlling regulatory context. From an administrative perspective the Zoning Scheme Bylaw makes provision for consent, within specifically the Agriculture Zone II zoning category to allow the proposed use. There are no restrictions in the title deed prohibiting the propose use ; Principle of spatial resilience: Resilience is the capacity and ability of a community to withstand stress, survive, adapt, rebound from a crisis or disaster and rapidly move on. It also refers to the flexibility of spatial plans and land use management systems to enable/ guarantee a sustainable existence. The strategic plans specify where urban uses should be focused and provide guidelines in respect of the types of development allowed in transit areas and hamlets. The tiered strategic frameworks guide land use, specifically making a distinction between urban and rural, and in both contexts, allow for flexibility to foster investment and economic activity. The proposed supplementary uses, referring to the type of use and the extent of such use and the fact that no extensive transformation/extension of building footprint is in line with the consent allowance within this land use category. The principle zoning (and land use) does not change and, should such supplementary uses no longer be exercised, the principle use (residential) can continue without amendment of the base structures; Principle of good governance: Decision making has to be consequent. The Zoning Scheme Bylaw makes provision for a process of consent to allow, as specified, agriculture Industries and tourism facilities in area zoned for smallholdings (Agriculture Zone II). Hence the land use management bylaws view these uses to be compatible, in principle. The inclusion of these uses in the statutory documents in his manner fosters consequent decision making. I.e. this type of rights may be allowed as subsidiary rights on smallholdings, as a general rule, subject to strategic and technical standards.
Page 41 of 45 MOTIVATING MEMORANDUM: APPLICATION FOR CONSENT & DEPARTURE: PORTION 172 OF KRAAI BOSCH 195- JUNE 2020
Furthermore, it is asserted that the proposed supplementary use: Is in the general public interest/benefit as a service offering; Is situated in an accessible locality. Accessibility from the public transport network is not a requirement, given the nature of the proposed use. The owners have transport arrangements in place for the staff currently working on site and will do so also, if additional staff is required; Is not hindered by site conditions (nor heritage structures/uses); Parking solutions are available on site; The winery (specifically the agriculture industry component – storage, bottling and ageing of wine) is considered compatible with adjacent uses. The associated pairings and visitor activities, anticipated as a limited, defined use, within the boundaries of the specified areas, is also considered an acceptable use; The site buildings can accommodate the proposed uses, which has been designed not to inhibit the privacy of adjacent properties, but which may increase surveillance of open areas, where uncontrolled use have been problematic in the past; Will contribute to the Greater George community in a positive manner.
6. CONCLUSION
The proposed consent, to allow uses which fall within the Agriculture Industry and Tourist Facility land use catagories, in buildings on Holding 172 of Kraai Bosch 195 relate to the landowner’s aspiration to bring the Donegal Winery to George. The proposed use can be accommodated within existing structures on site, and the accommodation of the winery with related services such as wine-pairings, is technically feasible. The extent of the use and the nature of the service offering (supplementary rights) is deemed such that it will not harm the functioning of the area, relates to a more effective use of the site and supports the strategic intent relevant to the area. Hence your favourable consideration is requested.
Page 42 of 45 ANNEXURE A: SUB-REGIONAL LOCALITY
Outeniqua Farmers Market site Garden Route Mall
Antiques shop Eden Far Hills Hotel Church Sasol & Kontrei Proposed BP & Restaurant To Kaaimans/ Destiny Africa Tredici Wilderness N2 N2 Site Gateway Lodge & George Resort Victoria Bay Lodge Bird & Caspita Reptile Inn Victori Arum / Lion Vic. B&B Surfari B&B Quarry Park Heights The Water B&B Wilds slides Blyd-Carmel Victoria skap Guest Heights Farm Sea Victoria Breeze Thembalethu Victoria Bay Country Cabanas Estate Beach , camping areas, braai area, Shell Shop, Vikki’s at the beach, Surf Shop
To Ballots Bay
Legend
Site position
Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected] NORTH
CONSENT & DEPARTURE APPLICATION : 172 OF 195 ANNEXURE B: LOCAL LOCALITY PLAN: CADASTRAL SKETCH PLANSITE AND ADJACENT AREA CONSENT AND DEPARTURE APPLICATION: 1 7 2 O F 1 9 5
N2
Ptn Victoria Bay Road Ptn Ptn 401/195 402/195 360/195 Carmel
Ptn Ptn 403/195 169/195 Ptn 361/195 Ptn Re 170/195 Ptn 362/195
Ptn 171/195
Ptn Re/172/195 Ptn 388/195 Ptn 60/195 Ptn 173/195
Ptn Victoria Carmel 174/195 Country Estate Ptns 396*,407*,323, 385,395/195
Ledgend Aerial : Google Earth Image Date 1.28.2019
Site: 172 of 195
Approximate cadastral boundaries Right of Way servitude
NORTH Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected]
ANNEXURE E: LAND USE PLAN- THE SITE AND ADJACENT AREA
Homesteads and home-offices Horse paddocks Agricultural/planted Accommodation units/tourist areas
Smallholdings: Cleared area Undeveloped/natural/unidentified use Site position area 500m radius
NORTH Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected]
ANNEXURE G: ZONING PLAN- THE SITE AND ADJACENT AREA
CONSENT AND DEPARTURE APPLICATION: 1 7 2 O F 1 9 5
Zoning as per George Integrated Zoning Bylaw, 2017 ---- Source: George GIS Public Viewer (25.6.2020);
Agriculture Zone II Subdivisional Area Overlay Zone General Residential Zone II Open Space Zone III Agriculture Zone I Resort Zone General Residential Zone II
Open Space Zone IV Community Zone II
Site position 500m radius
1km radius
NORTH Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected]
ANNEXURE H1: LAND USE REFERENCE MAP
G Outeniqua Farmers Market site
Antiques Far Hills HotelG shop
A Sasol & Kontrei To Kaaimans/ Eden BP & Restaurant B Wilderness Church Tredici Proposed C Gateway Lodge Victoria Bay Destiny Africa J & George Resort Lodge Site Bird & Caspita Reptile/ Inn Victori E Arum Lion Vic. B&B Carmel B&B Surfari Park Heights I Guest Quarry Blydskap The G Water B&B Farm HPrivate Wilds slides Nature VictoriaF D Reserve Heights
G Smallholdings G G Victoria Sea Country Breeze G Estate CabanasI G G G G Victoria Bay beach , G camping areas, braai area, Shell Shop, Vikki’s G at the beach, Surf Shop
Legend
Site position
N.t.s Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected] NORTH
CONSENT & DEPARTURE APPLICATION: 172 OF 195
ANNEXURE H1: LAND USE REFERENCE MAP
Outeniqua Farmers Market site
Antiques Far Hills Hotel shop
Sasol & Kontrei To Kaaimans/ Eden BP & Restaurant Wilderness Church Tredici Proposed Gateway Lodge Victoria Bay Destiny Africa & George Resort Lodge Site Bird & Caspita Reptile/ Inn Victori
Lion Vic. Arum B&B Carmel Surfari Park B&B Heights Blydskap Guest Quarry Water The B&B Private Farm slidesx Wilds Nature Victoria Reserve Heights Smallholdings Victoria Sea Country Breeze Estate Cabanas
Victoria Bay beach , camping areas, braai area, Shell Shop, Vikki’s at the beach, Surf Shop
Legend
Site position
NORTH N.t.s Urban Content (Pty) Ltd. Town Planners. Contact: Lynette Groenewald – [email protected]