Application for Resource Consent to the Christchurch City Council:

Transcription

1 Application for Resource Consent to the Christchurch City Council: Fortress Services Limited To retain the existing commercial boutique activity located at 121 Papanui Road, Christchurch 22 July 2013

2 Document prepared by: Anita Vanstone Resource Consent Planner Town Planning Group Limited Phone: +64 (0) Web: Offices in Queenstown, Wanaka, Christchurch, Auckland & Oamaru Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

3 Application Contents 1. Executive Summary Introduction Site Information Site Details Prior Land Uses Background Proposal Details Introduction Built Form & Uses Operating Hours Car & Cycle Parking & Access Landscaping Signage Servicing Conditions Consultation Alternatives Statutory Provisions Introduction Christchurch City Plan Zone Provisions Required Resource Consents Signage Sale of Liquor Summary of Required Consents Canterbury Regional Policy Statement Resource Management Act Assessment of Effects on the Environment Introduction Baseline Considerations Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

4 5.3 Assessment Matters Impact on streetscene and character of area Residential Amenity Retailing Activity Signage Transport and Parking Car Parking Demand and Location Access and Manoeuvring Cycle Parking Infrastructure and Servicing Positive Effects Conclusion Statutory Assessment Objectives & Policies Christchurch City Plan City Identity Transport Utilities Living Canterbury Regional Policy Statement National Environmental Standard Soil Contaminants Conclusion Resource Management Act Notification Requirements Part 2 of the RMA Supporting Information [A] [B] [C] [D] [E] Certificate of Title Copy of Temporary Resource Consent Decision (RMA ) Survey Responses Site Layout & Floor Plan Elevations / Perspectives Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

5 [F] [G] [H] Review of Parking & Access Matters (Abley Transportation Consultants) Landscape Plan Pre-Application Meeting Notes Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

6 1. Executive Summary 1.1 Introduction This is an application for resource consent that has been made in accordance with the prescribed form and manner, and includes in accordance with Schedule 4 of the Resource Management Act 1991, an assessment of environmental effects in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment [Section 88 (2) of the RMA]. Fortress Services Limited ( the Applicant ) applies for resource consent to retain the existing commercial boutique activity at 121 Papanui Road, Merivale. The old mansion that stood on the site for over 105 years was significantly damaged in the Christchurch earthquakes. After its demolition, it was replaced with the development currently on site and subject to this application. The development is split into two blocks; there are four units grouped along the northeastern side of the site (currently occupied by a café, chocolatiers, jewellers and photographer). These units make up approximately 211m 2 of gross floor area. The building on the southeast of the site contains two units that are presently occupied by specialist clothing retailer and a beauty parlor. The total floor area of these units is approximately 155m 2. The site is zoned Living 5 Zone in the Christchurch City Plan. The zone description explains that this zone is intended to be primarily for traveller s accommodation but in a way which does not adversely affect the amenities of the surrounding living areas. The zoning is reflected in the number of motels in the vicinity. A baseline exists for the redevelopment of the site in terms of the provision of the café. The bulk, location and building height are land uses anticipated under the City Plan. The car parking layout has been informed by a Transport Engineer who recommended slightly altering the current layout to increase safety and on-site maneuvering. Eight car parking spaces are available to the general public, while two car parking spaces are available to staff. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

7 The development is a high standard of aesthetic and practical design and is reflective of the built form and design of post earthquake developments in the City. The proposed activities can be managed in a way that is consistent with the expectations of the City Plan and in accordance with the relevant Assessment Matters. Overall the proposal is consistent with relevant Objectives and Policies in the City Plan and promotes the principle of sustainable management of natural and physical resources in accordance with Part 2 of the Resource Management Act Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

8 2. Site Information 2.1 Site Details The proposal site is located at 121 Papanui Road in Merivale, Christchurch. The property is owned by Fortress Services Ltd. The proposal site is outlined in red in Figure One below: Figure One: Site Location (Source: Google 2013) The site is legally described as Lot 1 DP as contained in Certificate of Title CB4A/1409. The site is approximately 923m 2 in area and is located entirely within the Living 5 Zone of the City Plan. A copy of the certificate of title is contained in Attachment [A]. 2.2 Prior Land Uses The site has a long history of non-residential use. It has been previously been utilised as a doctor s residence and consulting rooms, and years later converted into a bed and breakfast known as the Highway Lodge. The old mansion existed on-site for 105 years. Prior to the Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

9 2010 and 2011 earthquakes the building was being completely refurbished with the intention that it be used for visitor accommodation. Significant progress had been made and the Applicant has advised that they were days from the refurbishment being completed when the 2010 earthquake struck. The further damage to the building sustained in the 2011 earthquake necessitated the demolition of the buildings and clearance of the site. 2.3 Background Following the Boxing Day earthquakes in 2010, the Applicant commenced the preparation of plans to replace the Highway Lodge with a new 3-4 storey, 24 room accommodation block. Unfortunately, the February 2011 resulted in this proposal being placed on hold. The Applicant obtained approval for the erection of the existing complex (RMA ). The existing buildings and activities were permitted on-site pursuant to the Canterbury Earthquake (Resource Management Act Permitted Activities) Order The expiry date for this consent is the 18 April This consent was approved pursuant to a number of conditions that have been fulfilled. A copy of this decision is contained in Attachment [B]. As a response to the success of the existing complex and support from local residents, the Applicant mail dropped a consultation document to around 550 surrounding residents. The area of the mail drop is shown in Figure Two below: Figure Two: Map showing surveyed area Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

10 The Applicant received 45 responses, including support of the immediate four neighbours. In total, 40 were in favour (88%) of the commercial boutique activity remaining, two against and 3 were ambivalent. The written responses from the survey are contained in Attachment [C]. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

11 3. Proposal Details 3.1 Introduction The proposal involves the retention of the existing commercial boutique located at 121 Papanui Road, Merivale. Photographs of the existing boutique are in Figure Three below. It is proposed for the building to be utilised as a mixture of commercial activities with a maximum of one cafe operating from the site at any one time. The existing floor plans and site layout are contained in Attachment [D]. Figure Three: Existing Photographs of Merivale Boutique The site is located Papanui Road, which is a minor arterial road. The site has historic access off both Merivale Lane and Papanui Road. The proposal has been informed by a review of car parking and access undertaken by Abley Transportation Consultants Ltd, who have recommended some alterations to the existing Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

12 site layout and additional conditions of consent to ensure the impact on the traffic safety of the area is minimised. The Applicant will alter the existing car parking layout in response to the findings of this review, and are subject to this resource consent application. 3.2 Built Form & Uses The development is visually portrayed in those plans contained in Attachment [E] and in Figure Four and Five below. Figure Four: Papanui Road Frontage Figure Five: Merivale Lane Frontage The building structure is from containers, which are approximately 3.8 metres in height. For ease of description, the complex is described as being in two components. The building fronting Papanui road is approximately 7.8 metres in width and 23.7 metres in length. The building located to the southeast of the site is 16.3 metres in length, 12 metres in width adjacent to Merivale Lane, decreasing to 6.6 metres in width after 4.7 metres. This building is L shaped. In total, the floor area of the commercial activities operating from the site is approximately 366m 2. A pedestrian walkway is located to the front of the shops and wraps round the entire length of the buildings. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

13 The buildings have been sympathetically and tastefully finished to a high standard. buildings have been painted black and all face out to the car parking area. The It is proposed to retain a mixture of retail and commercial activities on the site. The existing shops are made up of the following commercial uses and floor areas: Cafe 88m 2 Chocolatier 30m 2 Jewellers 60m 2 Photographer 33m 2 Clothing Store 75m 2 Beauty Spa 80m 2 It is proposed to have only one café present on the site. The café also has a small courtyard that fronts Papanui Road. The Applicant is promoting conditions that limit the uses that can operate from the site. These are discussed in detail in Section 3.8 below. 3.3 Operating Hours The Applicant seeks approval for the businesses to trade between 7am and 11pm from Monday to Friday, and 0800 to 2300 Saturday and Sundays. The sale of liquor is proposed to be sold from café only during these hours. 3.4 Car & Cycle Parking & Access Abley Transportation Consultants Ltd have advised on the development of the existing car parking and access arrangements, having particular regard to its layout and functionality, and also its impact in terms of the traffic safety of the area. The Traffic Impact Assessment report is contained in Attachment [F] to this application. The parking layout has been reconfigured to ensure that the all vehicles can safely manoeuvre on-site. The car parking spaces are 2.6 metres in width and 4.4 metres in length. The disabled parking space is 3.5 metres in width. The car parking area has been extended to increase manoeuvrability and safety. The site layout plan is contained in Attachment [C]. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

14 A total of eight car parking spaces are to be provided on-site (including one disabled) for the use of the public. These will be accessed off Papanui Road. Two staff car parking spaces will be accessed off Merivale Lane, which are proposed to be in tandem. The staff car parking space that was accessed off Papanui Road to the north of the site has been removed and replaced with four cycle parking spaces. 3.5 Landscaping The Applicant has undertaken extensive landscaping along the Merivale Lane elevation and part of the frontage along Papanui Road. Planter boxes and hanging baskets have also been included near the entrances of the shops to soften the Papanui Road facade. The existing landscape plan and details in contained in Attachment [G]. The landscape strip is proposed to be slightly reduced along the Merivale Lane road frontage from 1.5 metres to 1.1 metres. This slight reduction does not impact on any of the existing landscaping. 3.6 Signage The existing signage complies with the City Plan. All future signage will be of the same style and size to that of the existing signage and will be designed to comply with the City Plan s signage rules. 3.7 Servicing The development is already connected to water, sewage, storm water, electricity and telecommunication services. No changes are required. 3.8 Conditions As a result of the parking and access assessment undertaken by Abley Transport Consultants, the Applicant wishes to volunteer the following conditions of consent: Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

15 There shall be only one food and beverage outlet operating from the site at any one time. This shall not increase in size from the approved plans without the prior permission of the Christchurch City Council. The retail activities that are able to operate from the site shall not include the following high traffic generators: a Post Shop, general food and retail (including diaries), and video/dvd hire. 3.9 Consultation The proposal has been discussed with John Higgins (Manager Resource Consents, Christchurch City Council) and John Gibson (Planning Administration Manager, Christchurch City Council) on the 29 January The following points were discussed: After April 2016 the normal provisions in the City Plan would prevail; Resource consent for this development would likely be notified; The key issue to be addressed in any application would be the L5 zoning, traffic and car parking; and It is recommended that a Planning Consultant be employed to complete these tasks. The Applicant has taken into consideration all the points raised at this meeting and the matters are addressed in this report. The pre-application meeting notes are contained in Attachment [H] Alternatives A range of alternatives have been considered for the development of the site, and also dating back prior to the earthquakes with the redevelopment of the existing building. A number of versions of the site development have been considered over the last six or so months, with the bulk of the changes arising from the success of the on-site development and the feedback obtained from the surrounding neighbours. The Applicant had originally submitted an application into the Council for a large visitor accommodation complex. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

16 However, due to the support of the local community and the successful operation of the boutique, the Applicant altered his plans to seek that the existing development remains. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

17 4. Statutory Provisions 4.1 Introduction The following documents are of relevance to the assessment of this application: Christchurch City Plan (Operative, 2005 the City Plan ); Canterbury Regional Policy Statement (Operative 2013 the CRPS ); and Resource Management Act Christchurch City Plan Zone Provisions The site is located within the Living 5 Zone in the Christchurch City Plan (the City Plan ). No City Plan overlays apply to the site. The site is shown in Figure Six below. Site Figure Six: Zone Location 1 The environmental results anticipated ( ) within the Zone that is applicable to the proposal include: 1 City Planning Maps 32 Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

18 (d) A minimum of undesirable environmental effects on adjoining living zone areas. (e) A zone environment with a medium density and scale of activities with minimal visual conflict with surrounding living zone areas. (f) A range of activities typical of living zones but with specialised provision for accommodation, conference facilities, restaurants and sale of liquor on site in hours of operation compatible with neighbouring Living Zones. (g) Moderate levels of traffic generation to the areas but with standards controlling and minimising effects arising from parking, location of access and manoeuvring. (h) Landscaping provision and tree planting complementing with the established adjoining living zone environments. (i) Noise levels at the living zone boundaries consistent with standards of amenity expected for a living environment. (j) Building height which recognises the intensive scale of travellers' accommodation buildings, but which is not incompatible with the scale of surrounding living environments Required Resource Consents Rule stipulates that all standards for other activities (excluding travellers accommodation) shall be for the Living 2 Zone. As a result, an assessment of the proposal against the rules of the Living 2 Zone has taken place below. Resource consent is required as follows: Development Standards Rule (Street Scene) residential and other activities (a) minimum building setback from road boundaries shall be 4.5m. The building has been built up to the Papanui Road frontage while on the Merivale Lane frontage it is only setback 3.3 metres. However, it is noted that the footway is only 1.3 metres from the road frontage. Rule (Screening from neighbours) other activities parking and outdoor storage shall be screened from adjoining sites by landscaping and walls / fences. Where such screening is by way of landscaping it shall be for a minimum depth of 1.5m. The proposal involves the slight reduction of the landscape strip fronting Merivale Lane from 1.5 metres to 1.1 metres. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

19 Rule Parking Space Numbers As the total area is less than 750m 2, one car parking pace is required per 25m 2 for customers plus one space per 200m 2 for staff. Therefore, generating a car parking demand of 13 car parking spaces. Eight car parking spaces are provided for the use of the public, while two are to be provided for staff. Rule Availability of Car Parking Spaces Any space shall be available for staff during the hours of operation and shall not be diminished by the subsequent erection of any structure, storage of goods, of any other use. The staff car parking spaces are proposed to be in tandem. Rule (c) Onsite Manoeuvring Vehicles shall not be required to undertake more than one reverse manoeuvre when manoeuvring out of any required parking or loading space. In order to enter into the public car parking spaces one reverse manoeuvre is required (with the exception of the mobility impaired car parking spaces). However, no vehicle will be required to reverse onto or from Papanui Road. Rule Queuing Spaces A queuing distance of 5.5metres is required. A queuing distance of 3.5 metres is provided resulting in shortfall of 2 metres. Appendix One Car Park Dimensions Car parking spaces are required to be 5.4 metres in length, which can be reduced by 0.4 metres if the front of the car can overhang vegetation. The proposed customer car parking spaces are 4.4 metres in length. However, the aisle width of 5.8 metres complies with the City Plan standards. Rule Distances of Vehicle Crossings from Intersections The customer car park access must be cited 25 metres from the Papanui Road / Merivale Lane intersection, while the staff car park access should be cited 15 metres away. The customer car park access is approximately 6.5 metres from this intersection. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

20 Community Standards Rule (Scale of Activity) other activities (a) The maximum gross floor area of buildings plus the area of any outdoor storage shall be 40m 2 or 30% the floor area of all buildings on site, whichever is the greater (b) No more than one full time equivalent person, who permanently resides elsewhere than on the site, may be employed in undertaking any activity on the site. The gross floor area of the boutique is approximately 366m 2 and all persons employed at the boutique do not reside onsite Rule (Building Size and Separation) Residential and Other Activities (b) where building located on the same site each have a gross floor area of greater than 100m 2, they shall be separated from each other by not less than 3.6 metres. The buildings onsite are only separated by a 2.4 metres wide walkway. Rule (Residential Coherence) At least one person engaged in the activity shall reside permanently on the site, except where the activity is an educational, spiritual, day-care facility. No one engaged in the activity resides on the site. Critical Standards Rule (Retailing Activities) retail activities shall be limited to the sale of good grown or produced on-site. The City Plan defines retail activities as: The use of land or buildings for displaying or offering of goods for sale or hire to the public, and includes, but is not limited to, food and beverage outlets, trade suppliers, service stations, second hand goods outlets and food courts The proposed retail activities do not involve the sale of goods grown or produced onsite. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

21 4.2.3 Signage Rule states that signage is a Permitted Activity if complying with all development Standards under Clause , and all Critical Standards under Clause Breaches of any Development Standards are a Restricted Discretionary Activity, with breaches of any Critical Standards making the activity Non-Complying. All the existing signage is considered to be a Permitted Activity Sale of Liquor The site is located in a Living Zone, however the sale of liquor is not proposed past 11pm. Rule is therefore not applicable. The application is considered to be a Permitted Activity in relation to this criterion Summary of Required Consents Overall, this application is a Non Complying Activity pursuant to the City Plan. 4.3 Canterbury Regional Policy Statement The proposal is assessed against relevant provisions of the Canterbury Regional Policy Statement (Operative, 2013 the CRPS ) in Part 6 of this AEE. 4.4 Resource Management Act 1991 This application is for a Non-Complying Activity and is therefore subject to Sections 104, 104B and 104D of the RMA. Section 104D specifically states that when considering an application for a Non Complying Activity, the consent authority must be satisfied that either the adverse effects of the activity on the environment will be minor; or the application is for an activity that is not contrary to the objectives and policies of the City Plan. Sections 95 to 95G of the RMA set out the requirements for determining whether or not a resource consent application should be notified, and if so, to what extent. Pre-application Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

22 discussions with the City Council indicated that it may be publicly notified. This matter will be further discussed once the Council has the opportunity to review the application in detail. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

23 5. Assessment of Effects on the Environment 5.1 Introduction This Assessment of Effects on the Environment ( AEE ) has been prepared in accordance with the Fourth Schedule of the RMA. 5.2 Baseline Considerations Under section 104(2) of the Resource Management Act ( RMA ) when forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect i.e. the permitted baseline. There are three limbs to determining the permitted baseline: Unimplemented resource consents; Existing lawful activities on the site; Activities which would be permitted as of right by the City Plan. There are no relevant unimplemented resource consents that relate to the site. The current activities on site are lawfully established under an approved resource consent. The use of the site as a mixture of retail activities (including a cafe) has taken place from the site for a number of months. It has been designed to a high standard and has successfully operated from the site with no issues surrounding noise or traffic safety as far as the Applicant is aware. The benefit of obtaining the temporary consent is that the Council is able to view the impact of the development first hand. While any baseline that this creates is limited, it highlights that the development can successfully operate from the site without resulting in significant adverse effects. This is considered to be an important consideration supporting the application. Rule states that any retailing shall only consist of the sale of liquor and/or food for consumption on the premises, and other goods provided that they are ancillary to the travellers accommodation activity on that site. As a result, the use of part of the site as a Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

24 cafe would be considered a permitted activity if it were associated with travellers accommodation. This is not considered as an unexpected activity or fanciful activity for this site in this location. Accordingly, weight should be afforded to the likely effects that such a café would create. Effects relating to people movements, traffic, parking and noise (complying) are all expected effects in this location. In terms of the Sale of Liquor specifically, this is permitted for the hours proposed. 5.3 Assessment Matters Those Assessment Matters of relevance to this application are (consistent with their listing in the City Plan and relevance to this application) grouped under the following headings: Impact on streetscene and character and amenity; Residential amenity; Retailing activity; Signage; and Transport and parking Impact on streetscene and character of area The assessment matters relevant to streetscene and character contain a strong emphasis on the protection of the amenity values with respect to Living Zones. The site is a corner site and is immediately surrounded by residential activities (including visitor accommodation). The buildings have been designed and positioned on-site to minimise the impact to neighbouring properties by facing activities towards the road rather than towards the residential dwellings. The buildings have been finished in high quality materials that create visual interest in the streetscene and add vibrancy to both Papanui Road and Merivale Lane. While containers can be construed negatively by some people as a construction material, the development is a well-planned architectural design that symbolises a built form that is representative of the time following the Christchurch earthquakes of 2010 and One of the respondents from the customer survey noted that it adds interest to the street and Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

25 variety for those staying in nearby accommodation and this is the character of the new CHCH (Responses contained in Attachment [C]). The car parking spaces have been positioned on the site and landscaped to minimise the visual impacts from the street, particularly along the Merivale Lane. Although the proposal includes a slightly decreased landscape provision to that specified in the City plan, it does not give rise to any significant adverse visual or amenity effects. All of the existing landscaping will be maintained. The landscaping has been positioned on-site to ensure views into the site are maintained and security of the site is consistent with the principals of Crime Prevention Through Environmental Design ( CPTED ). In summary, the proposal is considered to contribute positively to the streetscene and character of the area Residential Amenity The existing built form has been designed to be a compatible scale with the surrounding residential properties. It is noted that the building that had existed on-site was two levels and the proposed visitor accommodation was three to four stories, so comparatively the built form in this proposal is relatively low scale. The existing buildings do not impact the sunlight of neighbouring properties and are set back from the shared boundaries by at least 3 metres. The buildings have been finished to a high quality, which has ensured that the impact to neighbouring properties and the street scene has been minimised Retailing Activity As discussed above the proposal involves approximately 366m 2 of retail space. The City Plan permits retail activity in the Living 5 zone where it is ancillary to traveller s accommodation. While the proposal does not include the provision of traveller s accommodation, it serves the adjoining and nearby visitor accommodation complexes. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

26 The proposal provides a unique combination of retail activities that assists in the regeneration of the City, without compromising the distinct roles of the Merivale shopping area and the City Centre. It is of a size and scale that does not compete with these areas, rather offers a distinctive shopping experience that serves and benefits the local community Signage The signage on the buildings is considered to be an appropriate size, scale and design. All future signage will be of a similar design and size. The signage is not considered to result in adverse impacts to the amenity of the area or traffic safety. This is discussed in more detail below Transport and Parking Clause of the City Plan applies the following assessment matters to commercial activities (outside the Central City): Whether there would be any adverse effects on the safety and/or function of the frontage road; The extent to which reversing vehicles will affect the safety of pedestrians, both on and off the site; Whether the peak hours of traffic generation coincide with the peak flows and vehicle queues on the frontage road(s); The number and type of vehicles using the parking or manoeuvre area; Whether there would be any adverse effects on the safety and / or function of the frontage road; The effect of queuing vehicles on the safety of pedestrians; The extent to which the safe circulation of vehicles on the site will be affected; Whether the required parking can physically be accommodated on the site; The extent to which alternative adequate cycle parking is available which is within easy walking distance of the development site Car Parking Demand and Location The review of the car parking and access arrangement undertaken by Abley Transportation Consultants Ltd notes that parking demand for the shops is 13 spaces (including staff parking). There are currently 8 car parking spaces provided (including one disabled) and two car parking spaces for the use of staff only. Overall, the proposal includes the provision Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

27 of 10 car parking spaces. The Transport Engineer notes that the current car parking supply is adequate although this could change if retail activities with a higher traffic demand lease one of the units. As a result, the Applicant has volunteered a condition that restricts the type of retail activities that are allowed to operate from the building, with a maximum of one cafe on-site at any one time. These include a restriction on liquor retail, fast food, tavern/restaurant, Post Shop, general food and retail (including diaries), and video/dvd hire. The Traffic Engineer has reviewed the Trips and Parking Database and is of the opinion that an appropriate parking rate for the existing on-site activities is 2.5 spaces per 100m 2. Therefore, the on-site car parking provision is considered to be appropriate for the size and type of retail activities that are currently present on-site. In terms of the staff car parking spaces there are proposed to be in tandem. The Traffic Engineer notes that this sort of arrangement is not uncommon for staff car parking and combined with the small size of the site is unlikely to result in operational difficulties Access and Manoeuvring The access is 6 metres in width and is compliant with the standards of the City Plan. The Applicant will undertake some alterations to the existing on-site parking arrangement to ensure access and manoeuvrability on-site are made safer and easier. The pedestrian walkway has been separated from the car parking area to separate pedestrians from vehicles. While the Traffic Engineer has noted there is a slight shortfall of queuing distance, the footpath near the access is 3 metres in width, which means the traffic lane is unaffected if a car is trying to leave the site at the same time one is entering. The Traffic Engineer is of the view the slight shortfall of queuing length does not impact on traffic safety. Swept path analyses prove that the 90 th percentile car can be accommodated on-site. As noted above, the landscape strip has been slightly reduced on the Merivale Lane frontage to increase the aisle width and on-site manoeuvrability. In terms of the position of the customer access, this is considered to be in the most appropriate location. There is a bus stop directly to the north of the site, which means that it is not ideal to place the access in this location. The Traffic Engineer has concluded that it is reasonable to re-site the access away from this to avoid conflict with the functioning of the Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

28 bus stop. The Application has also advised that there have been no adverse traffic related effects reported due to the location of the access Cycle Parking Rule states that one cycle space shall be provided on-site. It is proposed to install four cycle parking spaces to the north of the site, near the Papanui Road frontage. These are easily accessible and are considered to be in a safe and secure location Infrastructure and Servicing As noted above in Section 3.7 the buildings are already connected to existing Council services. Therefore, the retention of the buildings will not result in adverse effects to servicing Positive Effects The proposal offers significant positive effects, particularly given the current state of the City and need for redevelopment. The proposal is for the retention of a boutique of shops that has successfully operated from the site. The buildings have been finished to a high standard and contribute positively to the streetscene and character of the area. The proposed car parking layout will be modified to ensure that traffic safety is maintained. The shops are well frequented by locals and service the nearby visitor accommodation units that make up the Living 5 zone. The retention of the boutique is considered to play an important role towards the regeneration of the City and supporting unique forms of development that have arisen post-earthquake Conclusion The development offers benefits to the community both in terms of servicing the local community and the nearby visitor accommodation. The proposal is considered a unique situation, whereby there is strong local support to retain the boutique in its current form. As it has successfully existed on-site for a number of months the Council has had an opportunity to see that its retention will not result in adverse effects to the amenity of the Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

29 area, traffic or pedestrian safety or the functioning of the Merivale shopping area. The Applicant has made some refinements to the car parking arrangement to ensure the traffic and pedestrian safety in the site is improved. The Traffic Engineer has concluded that the number of car parking spaces is considered to be acceptable and the impact of the development is contained within the site. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

30 6. Statutory Assessment 6.1 Objectives & Policies The objectives and policies of relevance are contained in the Christchurch City Plan and the Canterbury Regional Policy Statement. 6.2 Christchurch City Plan Those Objectives and Policies in the City Plan that are of relevance to this Application include the following: City Identity Overall Section 4: City Identity Objective A distinctive city where form, amenity and heritage values are maintained and enhanced. Objective 4.1: Form The maintenance and enhancement of natural and physical features and characteristics contributing to the distinctive form of the City. Objective 4.2: Amenity A pleasant and attractive City. Policy 4.2.3: External Appearance of Buildings To promote, and where appropriate ensure, the harmony and compatibility of buildings. Policy 4.2.6: Landscape Design To enhance the landscape quality of the City, and encourage sensitive landscape design and the retention of appropriate vegetation and new planting. Policy 4.2.7: Public Safety To encourage public safety in the design and layout of development, particularly of public open spaces and facilities. Policy : Sale of Liquor To ensure that activities that involve the sale of liquor avoid, remedy or mitigate the adverse effects of noise on the surrounding residential environment. Objective 4.4: Outdoor Advertising The provision for outdoor advertisements, whether temporary or otherwise, that does not detract from amenity values, does not have a detrimental impact upon natural and built heritage values, nor causes potential danger to public safety. Policy 4.4.1: Amenity Values To ensure that the scale and extent of outdoor advertising, whether temporary or otherwise, is appropriate to the character of the receiving environment, and does not detract from the amenity values of that environment. Policy 4.4.2: Traffic Safety and Health To ensure that outdoor advertising, whether temporary or otherwise: Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

31 o o o Does not have the potential to confuse or distract motorists, particularly in proximity to intersections or other complex traffic environments; Does not obstruct roads or footpaths, or create a hazard to vehicles, cyclists or pedestrians; and In the case of captive balloons, does not create a hazard to traffic or aviation. The proposal involves the retention of a set of distinctive buildings that reflect development immediately preceding the 2010 and 2011 earthquakes. The buildings are unique in appearance and complement the surrounding development. The site has been landscaped to decrease visibility from Merivale Lane and integrates the built form into its surrounds. The sale of liquor and its associated effects can be managed and is not proposed to take place after 11pm. The cafe has successfully operated from the site and is well frequented by the general public. It is considered low risk from noise and any nuisance effects. The existing signage is proportionate to the scale of the buildings. Careful attention has been paid to avoiding unnecessary clutter and any confusion with traffic-related signage. The signage is clear, visible from a distance and easily read. Overall, the proposal is consistent with the above objectives and policies Transport Overall Section 7: Transport Objective An efficient, safe and sustainable transport system in the City which provides for ease of accessibility for people and goods. Objective 7.4: Cyclists Provision for the safe movement of cyclists and actively encouraging cycling as a means of transport. Policy 7.4.4: To require the provision of an adequate number of safe, covered customer and staff cycle parks in association with non-residential development. Objective 7.5: Pedestrians The safe movement of pedestrians in a pleasant environment. Policy 7.5.3: Mobility Impaired To ensure that access and movement to buildings throughout the City be reasonably available for people with impaired mobility, including people with disabilities. Objective 7.6: Off-Street Parking and Loading Sufficient and accessible off-street parking and loading facilities meeting the normal anticipated demands for each activity, while minimising the adverse effects of such facilities on the safety and efficiency of the transport system. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

32 Policy 7.6.1: Parking Requirements Outside the Central City To set minimum parking requirements for each activity and location outside the Central City, based on parking demand for each landuse, while not necessarily accommodating peak requirements. Policy 7.6.3: Parking and Loading Standards To set minimum design standards for car parking spaces and car parking areas. Policy 7.6.4: Parking and Loading Standards To ensure all businesses have provision for suitable areas for loading vehicles on site. Policy 7.6.5: Access and Manoeuvre Standards To control the number, size and position of access points to each property and land use to avoid, remedy or mitigate the adverse effects of manoeuvring and queuing vehicles. Policy 7.6.6: Access and Manoeuvre Standards To require turning areas on sites where road safety may be compromised by vehicles reversing on to or off the site. Policy 7.6.7: Accessible Parking To ensure that convenient parking is available for vehicles used by people with disabilities. Policy 7.6.8: Accessible Parking To ensure that car parking areas in an association with nonresidential developments are easily accessible and, for locations outside the Central City, their location is obvious from the street. The layout of the car parking area has been slightly modified to increase safety and on-site manoeuvrability. The car parking spaces have been laid out to ensure the efficiency and safety of the adjoining road network, bus stop and pedestrians are maintained. The car parking area has been landscaped to mitigate the impact of the proposal from the street. In addition, the cycle parking has been located so that it can be easily accessed by customers, but away from the car parking area to avoid conflict with pedestrians and cars. In summary, the proposal aligns with these objectives and policies Utilities Objective 2.8.1: Provision of Utilities Co-ordination of utilities with development in the City. Policy : Infill and Redevelopment To ensure that areas for infill or redevelopment: (a) have the capacity with existing services to accommodate further development and promote infill and redevelopment in areas with excess capacity; or (b) where excess capacity does not currently exist, ensure additional services are able to be provided to accommodate infill and redevelopment. The boutique is already connected to existing services. As a result, it is consistent with this objective and policy. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

33 6.2.4 Living Objective :Non-residential activities Non residential located within living areas which meet community needs, and are consistent with maintaining a high standard of amenity in living areas. Policy : Local community facilities and services - To provide for local community facilities and services to locate within living areas, subject to compatibility with the existing character of different parts of the living environment, and maintaining residential coherence and amenity. Objective 11.4 : Adverse environmental effects - A living environment that is pleasant and within which adverse environmental effects on amenity values are avoided remedied or mitigated, while still providing the opportunity for individual and community expression. Policy : To ensure that the hours of operation of non-residential activity does not unduly compromise amenity values, and particularly privacy and security of adjoining development. Policy : To require on-site parking in association with development in living areas, to ensure the amenity of streets is maintained. However, within the Living 3 and 4 Zones, on local roads a degree of on-street parking by residents and their visitors is considered to be acceptable. Policy : To ensure noise levels associated with non-residential activities are consistent with maintaining a high standard of amenity within living areas and to ensure that in the Living 3 and 4 Zones residential units are designed to mitigate potential adverse noise effects generated by traffic on collector and arterial roads. The boutique is supported by both the local community and guests of the nearby visitor accommodation units. The proposal has successfully operated with minimal disturbance to neighbours. The car parking layout has been modified to increase both traffic and pedestrian safety and the Traffic Engineer has concluded that the car parking is suitable for the site. The proposal is considered to have a positive effect on the amenity and character of the area, and does not result in adverse noise impacts. 6.3 Canterbury Regional Policy Statement The CRPS sets the framework for resource management in Canterbury providing an overview of significant resource management issues facing the Region. Its objectives and Policies are therefore set with a view towards broadly integrating management of the Region s natural and physical resources. The present CRPS has also been influenced considerably by developments following the Canterbury Earthquakes of 2010 and 2011, and therefore provides useful guidance on the Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

34 anticipated future growth and development of Christchurch in response to these events. The proposal is considered to be consistent with the objectives and policies of the CRPS. 6.4 National Environmental Standard Soil Contaminants In terms of National Environmental Standards (NES) as provided for under Sections 43 and 44 of the RMA, these have thus far been developed in relation to air quality, sources of human drinking water, telecommunications, electricity transmission, and assessing and managing contaminants in soil to protect human health. With the possible exception of soil contamination due to past site uses, none of the present or proposed NES are of relevance to this proposal. In terms of the soil contamination issue specifically, when the proposal is considered against the Hazardous Activities and Industries List ( HAIL ), it is noted that: 1.1 The site is not presently being used for any hazardous activity or industry included in the HAIL; 1.2 The site is not known to have been previously used for any hazardous activity or industry included in the HAIL; and 1.3 The site is not considered to be one likely to have been used in the past for any hazardous activity or industry included in the HAIL. The NES concerning soil contaminants therefore has no direct relevance to this application; 6.5 Conclusion In summary, the proposal is considered to be consistent with the Objectives and Policies of relevance in the City Plan and the CRPS. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

35 7. Resource Management Act Notification Requirements The notification provisions of the RMA are contained in Sections 95 to 95G of the Act. There is no longer the presumption that resource consent applications must be notified, with Section 95A providing an effective test in terms of whether or not any specific application should be notified. As noted in Section 4.4 It was determined at the pre-application meeting that the Application may be notified. It has been demonstrated in Parts 5 and 6 of this AEE that the impacts of the proposal on the receiving environment will be minor and that the development is consistent with Objectives and Policies of relevance in both the City Plan and Canterbury CRPS. The matter of notification needs to be discussed with the case officer once they have had the opportunity to review the application in detail. The development overall is viewed as a positive development in the greater scheme of the City rebuild. 7.2 Part 2 of the RMA The purpose of the RMA, as set out under Section 5(2) is to promote the sustainable management of natural and physical resources. As has been demonstrated previously throughout this AEE, the proposal has been consciously designed to avoid, remedy or mitigate any potentially adverse effects on the receiving environment and neighbouring sites. The site will be utilised in a manner that helps stimulate the rebuild by being utilised for activities which attract people back to the area, and providing a service to the local community and guests of the nearby visitor accommodation. Section 6 of the RMA sets out those matters of national importance which all persons exercising powers and functions under the Act need to recognise and provide for. These are principally resource protection focussed. The site is not known to possess any natural, Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

36 historic or cultural values of significance, there are no Section 6 matters of national importance of relevance to this application. Section 7 of the RMA, meanwhile, sets out those other matters which all persons exercising powers and functions under the Act need to have particular regard to. Of relevance to this application are: The efficient use and development of natural and physical resources (Section 7(b)); The maintenance and enhancement of amenity values (Section 7(c)); and Maintenance and enhancement of the quality of the environment (Section 7(f)). The site is one which was formerly the subject of community / commercial use and the previous building was destroyed in the Christchurch earthquakes. The proposal will ensure the site is utilised in a manner that meets the demands of the local community. The boutique has a positive impact on the streetscene and character of the area. There are no matters under Section 8 that require consideration with respect to this Application. The proposal is consistent with the purpose and principles under Section 5, and the associated matters under Part 2 of the Act. The proposal represents an efficient use of the land resource and will be undertaken in a manner which avoids, remedies and mitigates potential adverse effects on the environment. It is considered that the proposal is consistent with the purpose and principles of the Act and accords with the definition of sustainable management. Project: Fortress Services Ltd Reference: AEE-FINAL 22 July / 36

37 Pre Application Preparation and Meeting Record Site Address: 121 Papanui Rd, Merivale Project Description: Meeting Date: 29/1/13 Meeting Duration: TRIM References: Proposed project is to establish permanence or extend consent for retail activity for Living 5 zone. Temporary retail shops in place at the moment. Pre Application # PRE Council Attendees: Name Role Time PREP John Higgins Manager Resource Consents John Gibson Planning Admin Manager Time MEET Time POST Applicant and Agent Attendees Name Role/Company Address Justin Thornley Owner Justin@buildfirst.co.nz Mrs Thornley Meeting Discussion and action points Minutes Mr Thornley was advised that: 1) After April 2016 the normal provisions in the City Plan would apply to his development on the corner of Merivale Lane/Papanui Road. 2) Resource Consent for the development to remain would likely be notified 3) The key issue to be addressed in any application would be the L5 zoning, traffic and car parking. 4) It would be prudent for him to get professional assistance in preparing a resource consent application Action Points: Action Required/Recommended: By Whom: Apply for Resource Consent Applicant Employ Professional Resource Management Consultant Applicant Pre Application advice is given on the basis of information available at the time of the meeting. Please note that the provision of further information or changes in project scope

38 may impact on this advice. Aerial Photo (circa 2010)

39 TEMPORARY ROAD CLOSURES Elizabeth Street Street Party The Council have approved the temporary closure of the following road, for the following event, on the date and times shown below. Elizabeth Street Street Party Road to be Closed Elizabeth Street - Riccarton From Division Street to Clarence Street Period of Closure Sunday 06 November 2011 from 8am to 3.30pm This closure is to be made under paragraph 11(e) of the Tenth Schedule of the Local Government Act The closure will apply to all vehicular traffic with the exception of emergency service vehicles. C Sullivan COUNCIL SECRETARY PERMITTED TEMPORARY ACCOMMODATION AND PERMITTED TEMPORARY DEPOTS AND STORAGE FACILITIES Under Clause 7(3)(a) and Clause 8(3)(a) of the Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011 Despite anything to the contrary in the Christchurch City Plan, the activities listed below are permitted activities in the specified locations if they comply with the prescribed standards: 1. ACTIVITY: Café Metro LOCATION: 121 Papanui Road, Merivale APPLICANT: Justin Thornley and Liz Barry REFERENCE NO: RMA STANDARDS: 1. All vehicle movements to and from the site shall be via the Papanui Road access only, with the exception of a maximum of six staff vehicle movements to the site per day via the Merivale Avenue access. 2. Visits to the site by service and delivery vehicles shall be restricted to the hours between 8am and 6pm. 3. Council may require the installation of fencing and lighting for the purposes of security if, in the Council s opinion, this becomes necessary to mitigate any adverse effects. 4. Signage shall be restricted to a total of 3m 2 for the entire site. 5. The operating hours for any activity on the site shall be restricted to 7.30am 9.30pm. 6. A landscape plan prepared by a landscape architect/designer shall be submitted within 21 days of the decision of this site specific approval to the Council s Resource Consents Manager and shall be implemented by 30th November The landscaping is required to improve the attractiveness of the site and soften the buildings and activity on the site. 7. The activity must comply with the Group 1 zone noise standards as specified in the Christchurch City Plan. 8. New structures must be setback a minimum of 3 metres from all internal boundaries. 9. The proposed containers must be clad on the rear and side walls, with glass panelling across the frontages. 10. No more than 10 staff shall be on the site at any one time. 11. With the exception of Café Metro, tenants of the remaining five tenancies shall be restricted to retail businesses and offices displaced by the Canterbury Earthquake events, but excluding any other food and beverage outlet. 12. The activity shall not create any significant adverse effects (relating, but not limited, to noise, dust, mud, light spill, odour, traffic generation, refuse disposal, animal control and visual amenity) that will, in the opinion of a Council Enforcement or Health Officer, cause nuisance for occupiers of surrounding sites. If any significant adverse effects do arise, then the Council can impose additional requirements or conditions to avoid, remedy or mitigate those affects. 13. With the exception of hours of operation, the activity must comply with the relevant Standards for Permitted Temporary Accommodation and Temporary Depots and Storage Facilities under Clause 7(3)(a) and Clause 8(3)(a) of the Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011, contained in the public notice issued by the Council on 9 April Occupation of the site by the temporary accommodation activity will need to cease on or before 18 April 2016 unless a resource consent has been applied for and obtained. The Standards for Permitted Temporary Accommodation and Temporary Depots and Storage Facilities contained in the public notice issued by the Council on 9 April 2011 can be viewed on the Temporary Accommodation page of the Council s website ( homeliving/buildingplanning/resourceconsents/temporaryaccommodpermitted.aspx). The above activities are permitted in the specified locations until the expiry of the Canterbury Earthquake (Resource Management Act Permitted Activities) Order The expiry date is 18 April Any temporary activity established under these provisions shall not create or give rise to any existing use right in respect of any land, activity, or structure (refer clause 5/3 Canterbury Earthquake (Resource Management Act Permitted Activities) Order 2011). If you have any questions or would like more information about the activities listed above please phone (03) and ask to speak to the Duty Planner. Steve McCarthy Environmental Policy & Approvals Manager

40 COMPUTER FREEHOLD REGISTER UNDER LAND TRANSFER ACT 1952 Guaranteed Search Copy issued under Section 172A of the Land Transfer Act 1952 CB4A/1409 Identifier Land Registration District Canterbury Date Issued 25 September 1964 Prior References CB3D/729 Estate Fee Simple Area 923 square metres more or less Legal Description Lot 1 Deposited Plan Proprietors Fortress Services Limited Interests Memorandum of Acceptance imposing Building Line Restriction Fencing Provision in Transfer Mortgage to WG Broadbent & Co Solicitors Nominee Company Limited at 4:14 pm Transaction Id Client Reference QuickMap Guaranteed Search Copy Dated 17/04/13 1:32 pm, Page 1 of 2 Register Only