Hamilton City Proposed District Plan

Transcription

1 Hamilton City Proposed District Plan Section 42A Hearing Report 4 th, 5 th November 2014 Report on Submissions and Further Submissions Zoning of site known as Lot 2 DP adjacent to Lake Waiwhakareke

2 Table of Contents 1. Introduction 4 2. Scope of Hearing 4 3. Background 4 4. Submissions 4 5. Analysis 4 6. Conclusion 5 7. Appendices Page Number Appendix A Section 42A Report a. Analysis 1 of 12 b. Recommendations 8 of 12 Appendix B List of Submitters and Further Submitters Appendix C Council Report Waiwhakareke Smart Subdivision - Retention or Disposal Options 29 May 2014 Appendix 1: History of the Park and Smart Subdivision Appendix D Expert evidence of Mark Lewis: Ecology and Landscape and Visual Amenity Appendix E Expert evidence of Richard Duirs: Stormwater runoff Appendix F Memo from Parks and Open Spaces Unit Appendix G1 Chapter 5 Special Character Areas (tracked change version) Appendix G2 Chapter 23 Subdivision (tracked change version) Appendix G3 Appendix 1.4 Design Guides and Design Assessment Criteria Lake Waiwhakareke Landscape Character Area Design Guide (tracked change version) Appendix G4 Appendix 2 Structure Plans Rotokauri Structure Plan (tracked change version) Appendix G5 Appendix 4 Special Character Areas (tracked change version Appendix G6 Planning Maps (Amendments shown) 2

3 1.0 Introduction 1.1 My name is Samuel Elliott Foster. I hold the qualification of a Bachelor of Planning with Honours (Second Class, First Division) from The University of Auckland. I am a Graduate member of the New Zealand Planning Institute. I have had almost 2 years experience in planning in Local Government and which has related to a policy development role under the Resource Management Act 1991 (RMA). 1.2 At present I hold the position of Planner for Hamilton City Council, a position I have held since January My role in preparing this report is that of an expert policy planner. Although this is a Council Hearing, I have read the Code of Conduct for Expert Witnesses contained in the Environment Court's Practice Note dated 1 November I have complied with that Code when preparing my written statement of evidence and I agree to comply with it when I give any oral evidence. 1.4 The scope of my evidence relates to comments on submissions and further submissions received in relation to the zoning of land adjacent to the Lake Waiwhakareke Heritage Park for the Hamilton City Proposed District Plan (notified 10 December 2012). 1.5 The data, information, facts, and assumptions I have considered in forming my opinions are set out in my evidence. Where I have set out opinions in my evidence, I have given reasons for those opinions. I have not omitted to consider material facts known to me that might alter or detract from the opinions expressed. 1.6 In preparing this report I rely on expert advice sought from BBO relating to stormwater runoff, Boffa Miskell relating to ecology and landscape amenity and internal advice from Hamilton City Council s Parks and Open Spaces Unit. 1.7 No formal pre-hearing meetings concerning submissions covered by this evidence have been undertaken pursuant to clause 8AA of the First Schedule of the RMA. 2.0 Scope of Hearing 2.1 This reconvened hearing addresses the issue relating to the zoning of the site legally described as Lot 2 DP , which at notification was inconsistent with a Council resolution which determined it was to reflect a residential zoning. 3.0 Background 3.1 Principal documents relied upon are the RMA 1991, the Operative District Plan, expert evidence prepared for the development of this s42a Report and the relevant content of the submissions covered by this evidence. 3

4 4.0 Submissions 18 submissions with 23 points of submission were received directly on the zoning of the subject site. A list of the submitters referred to in this report is contained in Appendix B. 5.0 Analysis Given the nature and extent of the submissions and further submissions relating to the zoning of the subject site the analysis that follows has considered the submissions together in order to ensure a holistic approach in reaching a recommendation for Commissioners. Each grouping contains the following: An analysis of the matters raised in submissions. Submitter / Further Submitter Name. Submission / Further Submission Point reference numbers. Plan Provision to which the submission relates. Submission type (Support, Oppose, Support in Part). Summary of the submission point (from the summary of submissions). A recommendation to the hearing commissioners on whether to Accept, Accept in Part, or Reject the submission. The reasons for the recommendation. 6.0 Conclusion On the basis of my analysis I recommend that the changes within the Tracked Change Versions within Appendices G1, G2, G3, G4, G5 and G6 are accepted. Samuel Foster Planner 4

5 Section 42A Report Lot 2 DP Site adjacent to Lake Waiwhakareke S42a Report Analysis: Introduction The Proposed District Plan was publicly notified on 12 December The notified PDP included maps which recorded land adjacent to Lake Waiwhakareke as Destination Open Space Zone. This zoning was inconsistent with a council resolution dated 15 May 2012 which resolved to zone the land Residential. The error came to light after hearings into submissions in relation to Lake Waiwhakareke were held in The Council resolution dated 29 May 2014 requested that this information was communicated to Commissioners in order to allow them to make a fully informed decision. This has resulted in the Commissioners deferring their decisions on submissions for this topic in order to fully consider the matter. This revised section 42A Report reconsiders the matter of the zoning of the land legally described as Lot 2 DP in full. This same resolution revoked the previous Council resolution to declare a reserve status over the subject site. The site is legally described as Lot 2 DP and is a through site between Rotokauri and Baverstock Roads on the southeastern corner of the Lake Waiwhakareke Heritage Park. The submitters included in this section 42A report have all submitted on matters concerning the zoning of Council owned land that is adjoining Lake Waiwhakareke. Generally submitters have either supported the zoning of the relevant piece of land as Destination Open Space under the statement confirm the future reserves surrounding Lake Waiwhakareke or have opposed this, requesting a change to a residential zoning. The majority of the submissions support the zoning of the site as Destination Open Space. In order to address this topic under the RMA, submissions that support the reserve status for land surrounding Lake Waiwhakareke have been interpreted to support the zoning of the site as Destination Open Space Zone as per the notified version of the Proposed District Plan. To clarify, the Proposed District Plan process deals with the zoning of the site, reserve status is determined through a separate Council process under the Reserves Act Waikato Regional Council, George William Holland and the Environmental Research Institute, and the University of Waikato have submitted in more detail regarding the provisions relating to the ecological functioning of Lake Waiwhakareke. These matters are considered in the analysis below. In order to make a recommendation to Commissioners, it is necessary to explore the history of the site in order to understand the use and intent of the site since the land was acquired by council. It will then be necessary to address the evidence provided to Council by independent experts relating to ecology, storm water runoff management landscape and open space values. The advice provided by Councils Parks and Open Spaces Unit was also considered in relation to the retention of the site as open space. It is considered necessary to go into this detail within the s42a Report in order to provide Commissioners sufficient information to make an informed decision. Title: Section 42 A Report Issue: Lot 2 DP Site adjacent to Lake Waiwhakareke Page 1 of 11

6 Previous s42a Report recommendations Submissions concerned with the subject site were previously addressed in four different section 42A reports during the hearings for the Proposed District Plan, Chapter 1: Strategic Overview, Chapter 3: Structure Plans, Chapter 5: Special Character Zones and Chapter 15: Open Space Zones. Responses to these submissions were consistent recommending the retention of the subject site in the Destination Open Space Zone. The reasoning given in these reports was that the land was owned by Council and was intended to be included within the Waiwhakareke Heritage Park, therefore a residential zoning would be inappropriate. In light of the new information provided to Commissioners that is contrary to this reasoning it is necessary to revisit the relevant decisions and make an informed recommendation on these submissions. History Included below is a brief history of the subject site (Lot 2 DP ). A more detailed version has been included in Appendix C Council Actions 1975 Purchased land Endorsement of Park formation (Introduced in to the District Plan and revegetation around the Lake) Resolved to devote land for the development of the Natural Heritage Park less an area in the South Eastern corner of the site that is to be subdivided for residential development. The District Plan was requested to be amended accordingly Work and analysis carried out on possible development options for the land. Council resolved to develop a Smart Residential Subdivision A preferred Concept Plan adopted Council established a Staff Working Group to review the scope of the Smart Subdivision development Council resolved not to fund the Smart Subdivision project via the Long Term Plan due to the risks associated with the project and stagnating global economy. The subdivision of the land proceeded to create a separate title to enable the finalisation of the Management Plan for Waiwhakareke and to provide Council future options Certificate of title issued Council considered a number of surplus property assets, including the Waiwhakareke Smart Subdivision land to be sold. Staff directed to prepare detailed report considering the sale or retention of the land. Title: Section 42 A Report Issue: Lake Waiwhakareke Page 2 of 11

7 2012 February: Staff reported back to Council (Strategy and Policy Committee) where the committee resolved to recommend to Council to declare the Smart Subdivision land as reserve and be included in the Waiwhakareke Natural Heritage Reserve. March: Council amended recommendation to retain the status quo (i.e. residential) and ability to retain future options for the land. December: Proposed District Plan notified with the subject site zoned Open Space 2013 September: Committee resolved to retain land as status quo (i.e. residential) with options to sell, and Chief Executive to report back when the housing market improves. September: Council considered the adoption of the above recommendations and declared that the Smart Subdivision land be reserve and included within the Waiwhakareke Heritage Park. October November: Public notification of declaration of the park as Local Purpose Reserve (Natural Heritage Park). 2 Submissions received in support, none opposing January: As required by the Reserves Act a report seeking Councils approval to declare the Smart Subdivision site as reserve was presented, no resolution was made February: Resolution that staff report back to the Council in May in order to explore financial alternatives to the proposed sale of the land. May: Council resolved to revoke a council resolution of 26 September 2013, retain the status quo of the Smart Subdivision land and to return the matter to the Independent Commissioners for the Proposed District Plan to reconsider. This resolution is included in full below. Latest Council resolution On 29 May 2014, Council resolved the following: a) Council revokes the prior Council resolution of 26 September 2013: That Council declares the Smart Subdivision land (Lot 2 DP ) to be reserve and included within the Waiwhakareke Natural Heritage Park (Lot 1 DP ), b) Council retains the Smart Subdivision land (Lot 2 DP ) freehold, continues to manage the land status quo and defers a decision on the disposal or inclusion of the land in Waiwhakareke Natural Heritage Park until the costs and timing of required network infrastructure upgrades, that would allow development of the land to occur, are known. c) Council works with current and other potential partners in the review of the Waiwhakareke business plan, to enhance funding generation and to enhance collaboration agreements between the parties, and d) Council returns the matter back to the RMA commissioners to reconsider the zoning change as the last Council did not approve this change at the time the Proposed District Plan was publicly notified and that this Council by passing this amendment also would not have approved this zoning change. Requirement to provide suitable consideration of the most appropriate zoning for the site While Council have resolved to revoke the previous resolution of Council to include the Smart Subdivision land as reserve, it is necessary to consider from a RMA perspective the consequences of rezoning the land to a residential zoning. It will be necessary to explore the consequences (ecology, landscape, stormwater runoff, and open space values) of a rezoning as well as determine the ability, if any, to ensure that, if provided for, any future development is able to be carried out in such a way that does not adversely affect Lake Title: Section 42 A Report Issue: Lake Waiwhakareke Page 3 of 11

8 Waiwhakareke or the wider Waiwhakareke Natural Heritage Park. Ecology Independent expert advice has been sought from Boffa Miskell in order to establish the ecological importance of the site. This evidence has been included in full as Appendix D. The evidence concludes that there is no pressing ecological reason to include the site as part of the Waiwhakareke Natural Heritage Park or to preclude smart residential development from the site. As provided in the evidence, this conclusion was based on the following: - The site currently consists of a rural environment and has been determined to have no present notable ecological value on, immediately adjacent to, or downstream of the site that would preclude or constrain site development. - Lake Waiwhakareke has an existing buffer of m of riparian planting. - The surface land drainage of the subject site is predominantly to the north, and if this pattern was retained, the risk of stormwater runoff contributing to a decrease in lake water quality is considered to be low. The remaining portion that appears to drain to the Lake is considered to require a high level of stormwater treatment. This will be discussed in more detail below which takes into account further expert evidence on stormwater management. - When considering the wider catchment, there are other sites that would offer more opportunities to extend the ecological values of the heritage park than the subject site. The ecological evidence does however acknowledge the opportunity provided by the site to increase the amount of native vegetation cover in Hamilton City which would be a desirable outcome that would contribute to the maintenance and enhancement of the natural environment. Landscape The evidence attached (See Appendix D), also prepared by Boffa Miskell concludes that there are no pressing reasons from a landscape and visual amenity perspective to preclude smart residential development from the subject site. In summary, this conclusion has been reached from the following: - Future development is anticipated in the area that surrounds Lake Waiwhakareke as shown in the zoning of land as Special Natural Zone Lake Waiwhakareke Landscape Character Area. - Development is beginning in the area with subdivision consented to the north of the subject site. The evidence concludes that there is no material difference other than proximity to the lake between this land and the land that is currently being developed and that residential activity on the subject site would not be out of character with the surrounding landscape. - The typography of the land provides a natural boundary between land use activities, with the reserve occupying the flood plain and built development would take place on the slopes. Title: Section 42 A Report Issue: Lake Waiwhakareke Page 4 of 11

9 - Appropriate development of the site has the opportunity to provide a transition between existing development and the Heritage Park, and provide for the activation and safety of the Heritage Park as a community open space and recreation area. The evidence does however recognize that incorporating the subject site into the reserve would increase the overall stock of open space within Hamilton and provide a sustainable land use. The evidence also recognises the surrounding landscape of the subject site as having a high level of amenity and concludes that if development were to occur it would be desirable to minimize the impacts of that development on the landscape and visual amenity of the area. It identifies the following as desirable outcomes to achieve, should the land be developed: - Undertake appropriate boundary treatment to provide a gradual transition from the natural environment to any urban development rather than creating a harsh change from open space to residential development such as that which currently exists on the boundary of the site. - Ensure any subdivision or development that is undertaken, is done in such a way that responds to the sites immediate context of adjoining the heritage park. It is emphasised that a standard subdivision approach is not considered to be appropriate for the site from an ecological landscape or visual amenity perspective. This is particularly highlighted for the boundary treatment between the subject site and the park. Ultimately, recommendations from an ecological and landscape perspective for any future development are aligned with the concept similar to a Smart Subdivision incorporating low-impact residential activity. Any development is recommended to include appropriate measures to ensure a graduated transition from the natural environment of the park to the urban environment of any development on the subject site. Advice also recommends that low impact design principles are used for the site with a particular focus on retention and on-site treatment of stormwater in order to avoid any adverse affects on Lake Waiwhakareke. Stormwater run off and earthworks management Independent expert advice (See Appendix E) has also been sought for the management of stormwater and earthworks from any potential urban development on the subject site. Specifically, on the ability of stormwater runoff and earthworks to be managed in such a way as to avoid any adverse effects on the receiving environment of the Lake Waiwhakareke Heritage Park. This is particularly important as the ability to manage stormwater has been identified through expert ecological advice as being pivotal to ensuring any development on the subject site does not adversely affect Lake Waiwhakareke. The consenting régime, both under the Waikato Regional Plan and Proposed District Plan requires earthworks and stormwater to be managed in such a way that ensures that the effects on the receiving environment are no more than minor. The Proposed District Plan through its Citywide Chapter 25.2: Earthworks and Vegetation Removal requires that All earthworks shall retain sediment on site through implementation and maintenance of sediment controls. Likewise, Chapter 25.13: Three Waters requires development or subdivision creating more than 40 lots, more than 40 residential units or for an area involving land of more than 3ha to develop an Integrated Catchment Management Plan (ICMP) in line with the provisions of the plan before any development takes place. The subject site comprises low gradient slopes that fall towards the low lying land surrounding Lake Waiwhakareke. Advice has been provided that this topography would enable the management of earthworks during the construction phase of any development to ensure that any adverse affects on water quality levels or ecological effects on the downstream receiving environment are able to be minimised. Similarly, the topography of the site is considered to enable the implementation of an effective drainage system with runoff being able to be captured, treated and discharged on Title: Section 42 A Report Issue: Lake Waiwhakareke Page 5 of 11

10 site. In line with best practice guidelines, a number of options are able to be implemented, including the ability to incorporate any treatment design within the context of the heritage park using a stormwater pond or wetland design incorporating native species to complement the adjacent habitat. Treatment is considered to be able to remove up to 75% of sediment and associated contaminants. This can be further improved through the use of natural bio-filtration processes with shading and cooling of runoff prior to being discharged into the downstream receiving environment. Evidence has outlined the potential for runoff from a large proportion of the site to be directed away from Lake Waiwhakareke towards the outlet which would significantly reduce any associated effects with runoff on Lake Waiwhakareke. Expert advice concludes that the effects of stormwater would be able to be managed to ensure the effects generated are no more than minor. Inclusion of the site within the Natural Heritage Park Inclusion of the site within the Park would not only preserve and enhance the existing park open space values; it would increase the area of open space in Hamilton by 5.1ha equating to an 8.5% increase in size of Lake Waiwhakareke Heritage Park from the current area of 59.8ha as shown in the Operative District Plan. This area has unique values which cannot be provided elsewhere. Its inclusion would result in permanent preservation of existing open space values of the site and the park as a whole. These values derive from the available public view and the outlook provided by the site over the park and the current sense of space, connection and openness which would be reduced by residential development. The site provides aspect and connection to the wider park along with a defined natural shape and contiguity. In that respect the inclusion of the site would complete the open space context of the park. As Council has resolved to revoke the previous resolution to classify the site as a reserve, Councils Parks and Open Spaces Unit have confirmed that there would be no certainty moving forward that the area would be included in the operative management plan for the park. There would also be uncertainty as to whether the site would be funded for development as a reserve if the site retained its Destination Open Space Zone without a reserve status. Part 2 Matters In considering the appropriate zoning for the site, it is necessary to consider Part 2 of the RMA. The principle of sustainable management requires the management of natural and physical resources, in this case the subject site, to ensure it is used in such a way that provides for people and communities social, economic and cultural wellbeing and for their health and safety. Land in Hamilton is a finite resource that needs to be carefully managed to ensure its availability for future generations, allocating the appropriate zoning is an important part of this management and it is necessary to weigh the alternatives against this Part of the Act. The benefits of an open space zoning need to be considered against the need to provide for developable residential land within the area. Likewise, any approach that anticipates development needs to be balanced against the requirement to support the life-supporting capacity of ecosystems and avoiding, remedying or mitigating any adverse effects on the environment. The advice from HCC s Parks and Open Spaces Unit provides comment from a Reserves Act perspective (See Appendix F) that highlights the quality of the open space, particularly in consideration of its location immediately adjoining the Heritage Park. Given the sites location immediately adjacent to the Lake Waiwhakareke Heritage Park, the values of the site are site dependent. i.e. the unique character and open space values of the site are reliant on its context and setting next to the Heritage Park. If the site was to be developed these open space values could not be exported to another site. As it is considered there are intrinsic and tangible open space values attached to the subject site and the Lake Waiwhakareke Natural Heritage Park, it is therefore important to ensure that if development were to be provided for, any subdivision or development in such close proximity to Title: Section 42 A Report Issue: Lake Waiwhakareke Page 6 of 11

11 the park is not only proved to be appropriate but is specifically managed with the special character and preservation of the Natural Heritage Park in mind. The expert evidence considered in response to the submissions relating to the appropriate zoning of the site clearly articulates that the subject site does not contain any ecological or landscape value that is of a level that would require the preclusion of development. The Rotokauri Structure Plan was initially developed with this area identified for residential development. Open space has been included in the Structure Plan with sufficient areas identified to service the community including the identification of sports parks and a Neighbourhood Centre Green. Further, the Structure Plan does not identify small neighbourhood parks that will be provided through the subdivision and development of the Structure Plan area. The site is roughly 5ha and if retained as open space, would represent an 8.5% increase over the land zoned for the Waiwhakareke Heritage Park in the Operative District Plan which has an area of 59.8ha. In weighing competing values for the land it is important to ensure that unique development measures are applied if development and a residential zoning is considered appropriate. The 5.1ha site has been previously shown to be able to provide up to 63 sections ranging in size from 400m 2 690m 2 in a Smart Subdivision layout. This number may need to be reduced in order to ensure any adverse effects of development are able to be avoided particularly through the inclusion of a range of stormwater management techniques. While infrastructure in this area of Hamilton is not currently sufficient to support a development of this size, it does represent an opportunity to provide a number of sections for development in the area, contributing towards future demand for housing in Hamilton. Such development would not be misaligned with the surrounding area which anticipates residential development in the future, as evident by the creation of the Rotokauri Structure Plan. The loss of open space values identified by Parks and Open Spaces that would occur if the site was to be developed, must be weighed against any desire to develop the land and the development methodology. The purpose of the RMA requires the protection of Lakes from inappropriate subdivision, use and development and the maintenance and enhancement of amenity values; it also requires the protection of outstanding natural features. Lake Waiwhakareke is listed as a Significant Natural Area (SNA) in the PDP and suitable measures to protect the Lake are warranted. When this is taken into consideration, the zoning of the site needs to ensure that if development was enabled, suitable provisions are in place to guarantee the protection of the Lake and its margins. Consequently, it is considered that a residential zoning that provides for a general subdivision approach would not be appropriate, as this would be inadequate in providing suitable certainty for the protection of the Lake and its margins. This opinion is in line with independent expert evidence and the advice received from Councils Parks and Open Spaces Unit. Recommendation After considering the submissions, expert evidence, internal advice received, the purpose of the RMA, the history of the subject site and the latest resolution of Council it is considered that the retention of a residential zoning is appropriate for the site. It is however not considered appropriate to allocate the subject site a general residential zoning. The zoning of Special Natural Zone Lake Waiwhakareke Landscape Character Area with a number of specific standards for the site is considered the most appropriate as this aligns with the approach taken to residential development in the surrounding area while ensuring the protection of Lake Waiwhakareke and the surrounding heritage park. This recommendation focuses on ensuring development does not create any adverse affects on the receiving environment, particularly with regard to stormwater run-off and earthworks associated with development. This also provides the opportunity to improve the transition area at the interface between the urban environment and the open space area. See Appendix G for recommended track changes (made to the notified version of the Proposed District Plan). Because of the subject site s proximity to Lake Waiwhakareke (identified as a Significant Natural Area) and its direct interface with the Lake Waiwhakareke Heritage Park, which Title: Section 42 A Report Issue: Lake Waiwhakareke Page 7 of 11

12 has had substantial investment from both Council, the community and various other organisations, it is recommended that a Comprehensive Development approach is implemented for the site. The use of Comprehensive Development Plans (CDP s) is used throughout the Proposed District Plan to ensure positive outcomes for development in line with Council s aspirations for Hamilton. This approach gives Council the ability to work with the potential developer to ensure issues identified in independent evidence and internal advice from Councils Parks and Open Spaces Unit that may impact the Lake Waiwhakareke Heritage Park, such as storm water runoff and open space and landscape amenity values, are suitably managed to avoid adverse effects on the Lake and the surrounding Park whilst ensuring development is of a high residential quality. The CDP approach does require discretionary consent. The consent will ensure that appropriate measures are in place for storm water retention, transportation and the interface between the Heritage Park and subject site. The intention of this is to ensure best practice and to encourage development similar to the Smart Subdivision concept whilst allowing the developer flexibility in their design. Once the CDP consent is granted and subdivision carried out, residential development will be able to occur as provided for in the rest of the zone, this includes stand alone detached dwellings as permitted activities. The recommendations and reasoning below differs from those provided in the previous section 42A reports. This change has arisen from the consideration of further evidence relating to the zoning of the subject site as discussed in detail above. The relevant reporting officers from each chapter have seen these recommended changes and are supportive of them. Sub. Point FS. Point Plan Provision Sub. Type Summary Recommendation Reasoning Sheryl Margaret Curtice Shirley May Gwynneth Caspari QSM Iain Alistair Curtice William Wie & Patricia Tekore Moana Purpose of the District Plan Purpose of the District Plan Purpose of the District Plan Support Support Support Confirm the Future Reserves surrounding Lake Waiwhakareke as shown on Map 33A and Figure 2-10: Rotokauri Structure Plan - Reserve Network. Confirm the Future Reserves surrounding Lake Waiwhakareke as shown on Map 33A and Figure 2-10: Rotokauri Structure Plan - Reserve Network. Confirm the Future Reserves surrounding Lake Waiwhakareke as shown on Map 33A and Figure 2-10: Rotokauri Structure Plan - Reserve Network Plan Overview Oppose Oppose houses being built in the area as it will adversely affect the environment. Accept in part Accept in part Accept in part Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the Title: Section 42 A Report Issue: Lake Waiwhakareke Page 8 of 11

13 discussion above. Sheryl Margaret Curtice Purpose of the District Plan Support Confirm the Future Reserves surrounding Lake Waiwhakareke as shown on Map 33A and Figure 2-10: Rotokauri Structure Plan - Reserve Network. Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. Special Character Zone Waikato Regional Council Rules General Standards Oppose Amend Rules 5.3 and 5.4 to Accept in part enable assessment of subdivision and development impacts on ecological connections to, and ecological functioning of, Lake Waiwhakareke, including by triggering assessment against the design guide in section 1.4.4, or rezone the ecological stream connection into Lake Waiwhakareke (and an appropriate buffer width) to Natural Open Space Zone. This submission has been accepted in part as specific standards have been included that are considered to provide increased protection of Lake Waiwhakareke and the surrounding heritage park from effects associated with development. George William Holland Special Natural Zone Support Amend Special Natural Area to ensure that development around Lake Waiwhakareke does not impact on the Lake with particular attention given to drainage, plantings and animals. Accept in part This submission has been accepted in part as specific standards have been included that are considered to provide increased protection of Lake Waiwhakareke and the surrounding heritage park from effects associated with development. Environmental Research Institute, University of Waikato Rules Activity Status Table Oppose Amend Rules 5.3 and 5.4 as they relate to Lake Waiwhakareke OR rezone ecological stream connection into Lake Waiwhakareke (and an appropriate buffer width) to Natural Open Space Zone, OR identify the ecological stream connection into Lake Waiwhakareke as an esplanade Accept in part This submission has been accepted in part as specific standards have been included that are considered to provide increased protection of Lake Waiwhakareke and the surrounding heritage park from effects associated with development. Title: Section 42 A Report Issue: Lake Waiwhakareke Page 9 of 11

14 reserve priority in section X of the plan. Volume 2: Appendix 2 Barry Laurence Flay Figure 2-8 Rotokauri Structure Plan- Land Use Support Supports the inclusion of Lot 2 D P as part of the Future Reserves namely the Waiwhakareke Natural Heritage Park. Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. Iris & Fred Bryant Figure 2-8 Rotokauri Structure Plan- Land Use Oppose Seeks confirmation of the Future Reserves surrounding Lake Waiwhakareke in its entirety as shown on the Rotokauri Structure Plan and on Zoning Map 33A Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. Zoning Maps Charles Joseph Peter McPherson Charles Joseph Peter McPherson Janice Ann Verran Max Walker Verran Zoning Maps Support Map 33A-Supports the inclusion of Lot 2 DP (Corner of Baverstock Road and Rotokauri Road) as part of the Lake Waiwhakareke Natural Heritage Part as shown on Figure 2-8 Rotokauri Structure Plan Zoning Maps Support Map 33A-Confirm the Future Reserves surrounding Lake Waiwhakareke Zoning Map 24A Oppose Map 24A-Retain land at 173 Rotokauri Road as Residential Zoning Map 24A Oppose Map 24A-Retain land at 173 Rotokauri Road as Residential. Michelle Le Prou Zoning Map 33A Support Map 33A and Figure 2-10: Rotokauri Structure Plan - Reserve Network - Confirm Accept in part Accept in part Accept in part Accept in part Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. This submission is accepted in part as the land at Lot 2 DP is recommended to be zoned Special Natural Zone, which provides for residential activity but implements a higher level of control over development. This submission is accepted in part as the land at Lot 2 DP is recommended to be zoned Special Natural Zone, which provides for residential activity but implements a higher level of control over development. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the Title: Section 42 A Report Issue: Lake Waiwhakareke Page 10 of 11

15 Myra Evans- McLeod Barry Laurence Flay William Wie & Patricia Tekore Moana Noel Henry & Joan Breed Barry James Crawshaw Gary Richard Wiseman Melanie Jane Wiseman Future Reserves surrounding Lake Waiwhakareke. discussion above Zoning Map 33A Oppose Map 33A-Obtrusive to outlook. Reject The submission does not contain enough detail to allow a response so must therefore be rejected Zoning Map 33A Support Map 33A and Rotokauri Structure Plan -Retain the Open Space Zoning surrounding Lake Waiwhakareke Zoning Map 33A Support in part Map 33A and Rotokauri Structure Plan - Retain the Open Space Zoning surrounding Lake Waiwhakareke Zoning Map 33A Oppose Amend Map 33A by rezoning 173 Rotokauri Road (Lot 2 DP ) to Residential Zone Zoning Map 33A Support Map 33A and Rotokauri Structure Plan - Confirm future reserves surrounding Lake Waiwhakareke Zoning Map 33A Oppose Map 33A-retain Lot 2 DP as residential and amend Lot 2 DP Rotokauri Rd from residential to residential reserve Zoning Map 33A Oppose Map 33A- retain a residential zoning on Lot 2 DP and rezone Lot 2 DP , 173 Rotokauri Road from Residential to Residential reserve. Iris & Fred Bryant Zoning Map 33A Oppose Map 33A and Rotokauri Structure Plan-confirm the Future Reserves surrounding Lake Waiwhakareke. Accept in part Accept in part Accept in part Accept in part Accept in part Accept in part Accept in part The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. This submission is accepted in part as the land at Lot 2 DP is recommended to be zoned Special Natural Zone, which provides for residential activity but implements a higher level of control over development. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. This submission is accepted in part as the land at Lot 2 DP is recommended to be zoned Special Natural Zone This submission is accepted in part as the land at Lot 2 DP is recommended to be zoned Special Natural Zone, which provides for residential activity but implements a higher level of control over development. The submission is accepted in part as the relief sought is not considered to be the most efficient use of land and there is insufficient evidence to justify the zoning of Lot 2 DP as Open Space. For further detail please refer to the discussion above. Title: Section 42 A Report Issue: Lake Waiwhakareke Page 11 of 11

16 Appendix B Submissions Barry James Crawshaw Barry Laurence Flay Charles Joseph Peter McPherson Environmental Research Institute, University of Waikato Gary Richard Wiseman George William Holland Iain Alistair Curtice Iris & Fred Bryant Janice Ann Verran Max Walker Verran Melanie Jane Wiseman Michelle Le Prou Myra Evans-McLeod Noel Henry & Joan Breed Sheryl Margaret Curtice Shirley May Gwynneth Caspari QSM Waikato Regional Council William Wie & Patricia Tekore Moana

17 Appendix C Detailed History of the Site 1. Hamilton City Council purchased the land at Waiwhakareke in 1975 to help provide the recreational and green space required for a growing population. The land has remained in Council ownership since that time. 2. The Park concept began as a proposed joint venture between Hamilton City Council and Waikato Polytechnic (now Waikato Institute of Technology Wintec). The vision for the Park is to restore and recreate the natural habitats that once existed within Hamilton and more specifically at the Park site. 3. The land at Waiwhakareke includes the Horseshoe Lake (a shallow peat lake) and much of its primary catchment. Additionally, the lake s outfall connects through to Lake Rotokauri in the north-west by a series of drains after which it enters the Waipa and Waikato Rivers. 4. On 6 May 1998 the Council gave its initial endorsement of the project; this covered incorporation of the concept in the District Plan and re-vegetation around the lake. 5. On 9 April 2003 Council resolved that: Council state its intention to devote its land holding in Horseshoe Lake, shown in the report before the committee, less an area to be subdivided off for residential development in the South East corner, for development as a Natural Heritage Park and the Strategic Planning and Policy Co-ordination Committee be requested to amend the proposed District Plan accordingly. 6. Smart Subdivision proposal 7. At its meeting held on 1 March 2005, Council resolved that with a view to maximising Council s return staff further report back to City Development Committee on Council s involvement in the development of the area and/or later resale of the Horseshoe Lake Block noting the environmental sensitivity of the Horseshoe Lake area. 8. On 6 July 2005 Council resolved to actively develop a Smart Residential Subdivision on Council-owned land adjacent to the Park. The decision provided an opportunity to develop the land in a manner that modelled some of the principles of urban design and sustainable development that Council sought to promote through the District Plan and City Design Strategy. It also reflected Council s desire to capitalise on the active residential property market prevailing at the time. 9. The layout of the smart subdivision was explored further resulting in a preferred concept plan in April 2006 (Attachment 2) 10. A financial analysis (summarised below) was presented to the City Development Committee on 27 June The financial analysis showed that, taking the land value and development costs into consideration, an average section price of $127,961 would be required to cover all costs including bare land valuation of $3.65 million. An independent market valuation prepared by Telfer Young estimated the average section price valuation of the Smart Subdivision to be $131,259 (excluding GST). This indicated that Council would recover its all costs. The valuation took a cautious

18 approach due to the newness of the concepts and lack of existing developments of this nature in Hamilton. Land value $3,650,000 Development costs $4,167,943 Selling and legal costs $80,000 Interest on subdivision costs $163,642 Total costs to recover $8,061,585 Number of lots 63 Section sales required to break even (GST exclusive) $127, On 18 February 2008 the City Development Committee (and subsequent Council meeting on 27 February 2008) established a Staff Working Group to review the scope of the Smart Subdivision development. 12. The working group defined the objective of the project as the development of the Waiwhakareke subdivision as a quality residential development which is sensitive to its unique location, and incorporates smart, low impact design and construction principles which minimise its footprint on the environment whilst achieving a net return to Council that is acceptable. 13. Four main design principles were developed to achieve the above objective: Character and Ecology landscape and planting to visually integrate the heritage park and subdivision and create neighbourhood character to provide a source of identity for residents. Density and Layout compact with medium to higher density housing grouped in clusters, mixed density and types of housing, north/north east facing sections. Access and Connectivity a pedestrian dominated area with walkway/cycle ways. Cul de sac instead of through roads. Recreational links beyond the development. Stormwater focus on the preservation of Lake Waiwhakareke and the surrounding wetland area. Use of permeable surfaces, green corridors and swales to encourage groundwater recharge and reduce contamination to the lake. Minimal soil disturbance during construction. 14. The above principles were endorsed by the Waiwhakareke Advisory Group. 15. The Staff Working Group was to test the waters by presenting a draft development proposal to selected Councillors before reporting back to Council to finalise the scope and extent of the subdivision. 16. A presentation did not take place because during the development of the Long Term Council Community Plan (LTCCP) in November 2008, the Staff Working Group was notified of restrictions including potential funding constraints and a preferential emphasis on development in the south of the city [Peacocke]. 17. With a stagnating global economy and a rapidly cooling residential property market, Council, at its meeting of 27 January 2009 to adopt the proposed LTCCP, resolved to remove funding for the Smart Subdivision project due to the risks associated with the project and forecast uneconomic returns of the development. 18. Staff proceeded with the subdivision of the land to create a title on the basis that:

19 Doing so would relieve LTCCP-related pressure from park advocates to make Waiwhakareke subject to the Reserves Act and finalise the Management Plan; The land could be sold at some point in the future - whether or not the Smart Subdivision project proceeded. 19. The subdivision was registered in 2009 and a Certificate of Title issued in 2010 (Attachment 3). 20. The boundary between the Smart Subdivision and the Park was positioned to ensure that stormwater from the residential development could be detained, then filtered through wetland vegetation before flowing into the Park land (refer to Attachment 2). All detention ponds and associated stormwater infrastructure were intended to be located within the residential subdivision area. 21. Recent Council considerations of the Smart Subdivision land 22. On 22 September 2011 Council considered a staff report that identified a number of surplus property assets, including the Waiwhakareke Smart Subdivision land. The report recommended that the Waiwhakareke Residential Smart Subdivision be sold. Council requested staff prepare a detailed report specifically considering the sale or retention of the land. 23. On 29 November 2011 Council instructed staff to report back to the Strategy and Policy Committee in February 2012 concerning the Waiwhakareke Smart Subdivision noting that the Waiwhakareke Advisory Group wish to be included in any discussions relating to the Park. 24. The matter was then reported back to the Strategy & Policy Committee on 22 February 2012 where they resolved to recommend to Council to declare the smart subdivision site as reserve and it be included in the Waiwhakareke Natural Heritage Park. 25. When Council considered the adoption of the above recommendation at its meeting on 15 March 2012, the following amended motion was put, and carried by Council: b) Council retains the land described in the schedule in its current state, continues to manage the land status quo and defers a decision on its sale or development until the economic climate improves thereby retaining all options for future consideration (Option 2 of the report before the Committee), and c) Council requests the Chief Executive to report back to this Council (ie. prior to October 2013) concerning future options and development of the land. 26. In accordance with the above resolution, the matter was reported back to the Finance & Monitoring Committee Meeting on 24 September 2013 where it was resolved: b) Council retains the land described in the schedule in its current state, continues to manage the land status quo and defers a decision on its sale or development until the economic climate improves thereby retaining all options for future consideration (Option 2 of Item 15 Finance and Monitoring Agenda for 24 September 2013), and C) Council authorises the Chief Executive Officer to report back either (a) when the condition of the residential housing market has sufficiently

20 improved to warrant further consideration of sale of the land or (b) within two years of the date of Council s resolution in respect of this matter whichever is the sooner. 27. Once more, when considering the adoption of the above recommendations at the 26 September 2013 Council meeting, Council amended the motion and resolved the following: b) Council declares the Smart Sub-division Land (Lot 2 DP ) to be reserve and included within the Waiwhakareke Natural Heritage Park (Lot 1 DP ). 28. Council s intention to declare the land as Local Purpose (Natural Heritage Park) Reserve was publicly advertised from 16 October until 18 November No objections were received. Two formal submissions supporting the classification were received from Mr Kemble Pudney and Waikato Tainui Te Kauhanganui Incorporated. 29. To conclude the Reserves Act process, a report seeking Councils approval to declare the smart subdivision site reserve was presented to Council on 30 January The matter was debated without a motion being passed. 31. A Notice of Motion was put forward by Councillor Mallett at Council s 27 February 2014 meeting: 1. Council revoke the following Council resolution of 26 September 2013: That Council declares the Smart Sub-division land (lot 2 DP42531) to be reserve and included within the Waiwhakareke Natural Heritage Park (lot 1 DP425316), 2. That Council sells the Smart Sub-division land (lot 2 DP42531), and 3. That staff report back to the Council meeting of 27 March 2014 on the process to be followed to ensure that the zoning of the Smart Sub-division land (lot 2 DP42531) is appropriate for residential sub-division and allows the sale of the land as such. An amendment was put forward and the following resolution resulted: That staff report back to the Council by May 2014, to allow time for engagement with key stakeholders who have indicated interest in productive financial alternatives to the proposed sale of the land.

21 BEFORE THE HAMILTON CITY COUNCIL HEARING PANEL IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER To determine options for future zoning of Lot 2 DP at Baverstock Road Hamilton STATEMENT OF EVIDENCE OF Mark Lewis Principal Landscape Architect 23 October 2014

22 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis 1.0 QUALIFICATIONS AND EXPERTISE 1.1 My name is Mark Nicholas Lewis. I am a Principal of the consulting company Boffa Miskell Ltd (BML). 1.2 I hold a Bachelor s degree in Environmental Science from Auckland University and a Masters in Landscape Architecture from the University of Massachusetts (Massachusetts, USA). 1.3 I am a Certified Environmental Practitioner (CEnvP) and a Registered Landscape Architect, practicing for over 12 years. My specific areas of expertise include low impact (water sensitive) design, stream and catchment assessments, and stream and wetland rehabilitation. 1.4 I have provided evidence for Council hearings and High Court proceedings, appeared as an expert witness before council hearings, and contributed to expert caucusing as part of Board of Inquiry processes. 1.5 I have been involved with the preparation and audit of a wide range of applications for resource consent throughout the North Island. 1.6 I have also been involved specifically with applications for subdivision and/or development approval in locations where an assessment of potential effects on ecological or landscape/visual values is required as part of a wider Assessment of Environmental Effects, and specifically where modification and/or restoration for stream and wetland environments is proposed. 1.7 I have prepared many regional and district guidelines for water sensitive (low impact) design. 2.0 Involvement in the Waiwhakareke Project 2.1 The evidence presented here represents the collaborative assessment of the project team, including Landscape Architect A14069_Waiwhakareke_Evidence_MLe_

23 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis Shannon Bray (BLa, BSc, Reg. NZILA), and Freshwater Ecologists Edward Sides (MSc) and Louise Clark (MSc Hons). 2.2 All project team members have visited the site on visits in April and October The project team has reviewed the Waiwhakareke Operative Management Plan (2011), and the geotechnical reports prepared by Mark T Mitchell Ltd (August and September 2011). 2.3 An Assessment of Landscape and Ecology Values was prepared for Hamilton City Council in April 2014 by Shannon Bray and Louise Clark of Boffa Miskell. The focus of this assessment was Hamilton City Council owned Lot 2 DP at Baverstock Road Hamilton, (henceforth known as the site ), and included recommendations for potential land use change. 3.0 CODE OF CONDUCT 3.1 I have read the Code of Conduct for Expert Witnesses issued as part of the Environment Court Practice Notes. I agree to comply with the code and am satisfied the matters I address in my evidence are within my expertise. I am not aware of any material facts that I have omitted that might alter or detract from the opinions I express in my evidence. 4.0 SCOPE OF EVIDENCE 4.1 This evidence restricts itself to the existing landscape and ecology values of the site, and the potential for the site to be comprehensively developed for home ownership. 5.0 SITE AND EXISTING ENVIRONMENT 5.1 The site is Hamilton City Council owned Lot 2 DP at Baverstock Road, Hamilton. It is 5.1ha of pasture, bordered by existing homes to the southeast, with access to Baverstock Road to the south, potential access to Rotokauri Road to the east, and the Lake Waiwhakareke Natural Heritage Park (henceforth the A14069_Waiwhakareke_Evidence_MLe_

24 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis Heritage Park ) to the west and north. Lake Waiwhakareke itself lies approximately 75m to the northwest. 5.2 According to the Operative Waiwhakareke Natural Heritage Management Plan (2011), The Heritage Park to the northwest of the site is a 60ha parcel of land surrounding Lake Waiwhakareke, a small peat lake. It was purchased by Council in 1975 to provide a recreational green space for the city of Hamilton, and is also recognised for its significant educational and research value. 5.3 Most of the site is a constant shallow slope divided by a low northwest sloping ridgeline. A small and shallow gully occurs in the southwest corner of the site beside Baverstock Road and a small area of flat land occurs in the northeast of the site, adjacent to Rotokauri Road. 5.4 According to the investigations of Mark T Mitchell Ltd, Consulting Geotechnical Engineers (henceforth the geotechnical investigation ), the subsoils for the majority of the site are comprised of stiff, silty clays that have formed as a result of the weathering of Hamilton Ash Formations, with lower slopes consisting of silts eroded from the aforementioned geologies. According to the geotechnical investigation, these soils are unlikely to promote infiltration to groundwater. 5.5 The site appears lightly grazed, and supports pasture grasses, with patches of rush species commonly found in wet soils. 5.6 The western portion of the site appears to drain to the Waiwhakareke wetland. 5.7 The remaining eastern portion of the site is likely to drain north to a flat pasture area within the Heritage Park, before entering a drain that is an outlet (downstream) of the Waiwhakareke Wetland. A14069_Waiwhakareke_Evidence_MLe_

25 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis 6.0 Potential Ecological Effects 6.1 The site is a currently an open pastoral landscape that does not support notable ecological values that would preclude or constrain site development. 6.2 The site is grazed with drystock, and consists largely of pasture, although some patches of common rushes exist in the wetter areas. Some artificial drainage channels run through the site, but are not expected to retain water for extended periods after rainfall. These flow paths are not fenced to exclude stock, and in their current state are not expected to provide habitat for indigenous fish species. 6.3 The site is expected to support species that are consistent with a rural environment, such as common native and introduced bird and lizard species. 6.4 Lake Waiwhakareke has an existing buffer consisting of some m of riparian planting. Further riparian planting could be desirable on the western side of the lake (the opposite side to the site) to buffer the prevailing westerly winds. 6.5 The geotechnical investigation notes subsoils of the site are generally stiff, silty clays, which may inhibit infiltration of stormwater and recharge of groundwater. Therefore, stormwater runoff from potential development of the site may require a surface storage basin in the lower areas of the site. 6.6 Surface land drainage is predominantly to the north and would not be directed to the lake. There is potential to use a flat area of land at the northern extent of the site for a storage basin, appropriately planted to increase indigenous plant cover and enhance ecological values in keeping with the Heritage Park, while also facilitating stormwater treatment. 6.7 The remaining western portion of the site appears to drain to Lake Waiwhakareke. This stormwater runoff would require a high level of stormwater treatment, with the potential to apply a combination of at-source stormwater management, diversion to storage basins and A14069_Waiwhakareke_Evidence_MLe_

26 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis treatment wetlands, and/or discharge into an enhanced existing gully at the southwest corner of the site. This gully could be appropriately planted with indigenous species to provide enhanced ecological values in keeping with the Heritage Park. Discharge to this gully would also retain existing hydrological connections to the Lake, if this is deemed appropriate. 6.8 When considering the wider catchment of Waiwhakareke Lake, the catchment head-waters to the west (Lots 2, 3, and 4 DP and Lot 2 DP ) would offer significantly more opportunities to extend the ecological values of the Waiwhakareke wetland than the focus site. These lots drain in their entirety to the Waiwhakareke wetland, and support a diverse relief of converging gully systems, extensive valley floor, steeper banks, and lowland ridges. Potential Landscape and Visual Effects 6.9 Land parcels around the Heritage Park, particularly to the north, are currently undergoing residential development as provided for under the Operative and Proposed District Plans Existing houses to the southeast of the site (2 to 26 Baverstock Road), already occupy the ridgeline above the site and therefore influence the views from the north and east, toward the site, and from within the Heritage Park (refer annexure A of the evidence) Therefore potential residential development of the site would be consistent with existing residential development at the boundaries of the Heritage Park The boundary between the site and Heritage Park aligns with a change-in-slope. This elevation change, although slight, provides a natural boundary between land-use activities, such that the Heritage Park visibly occupies the flat land and any potential development would occupy the slopes above As previously discussed, the gully area to the west of the site and the flat area to the north of the site may be required for stormwater A14069_Waiwhakareke_Evidence_MLe_

27 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis management areas. Therefore these areas may be considered for appropriate replanting to draw connections and extend the natural character values of the Heritage Park into the site Development on the site provides an opportunity for Council to showcase sustainable and water sensitive (low-impact) design in keeping with the ecological values and sensitivities of the Heritage Park In conclusion, development of the site is expected to have landscape and visual effects that are consistent with existing land uses bordering on the Heritage Park. Furthermore, an appropriate development form has the opportunity to provide a transition between existing development and the Heritage Park, and provide for the activation and safety of the Heritage Park as a community open space and recreation area. 7.0 Other Matters Existing Land Use Potential 7.1 The existing land use of the site is pastoral farmland with low intensity grazing. The potential for nutrients to infiltrate to shallow groundwater and to the lake is likely to be limited. Existing overland flow paths are likely to provide an adequate level of treatment via filtration. 7.2 If the site continues to support low intensity pastoral farming, there may be merit in additional planting of the shallow gully at the western extent of the site to provide for additional filtering of overland flows before discharge into the Lake. 7.3 In summary, the existing land use does not significantly detract from the function and values of the Heritage Park. A14069_Waiwhakareke_Evidence_MLe_

28 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis Potential to Integrate the Site into the Heritage Park 7.4 The transfer of the site to the Heritage Park would provide an opportunity to visually buffer residential development southeast of the site with appropriate vegetation. The additional land area would allow for passive recreation opportunities in addition to that already provided in the Heritage Park. 7.5 Additional Heritage Park land area would allow an increase in the area of indigenous plant cover associated with Lake Waiwhakareke. Further planted areas on the slopes would provide the opportunity to re-establish natural indigenous plant sequences from the lake edge to lowland terrestrial environments. This restoration sequence would also be possible at other boundaries of the Heritage Park, including its contributing headwater gully system to the west. 8.0 Summary 8.1 The incorporation of the site into the Heritage Park would extend the Heritage Park s existing landscape and ecology values. However this is not sufficient justification to preclude residential development on the site, since the existing site does not have sufficient ecological or landscape values to warrant its inherent protection. 8.2 Residential development at the site is consistent with proximate land development. 8.3 Residential development is provided for on the site under the Operative District Plan. 8.4 However, the Operative District Plan controlled development in proximity to the Heritage Park through the provisions of the Waiwhakareke Landscape Character Area, a Design Guide, and the Environmental Protection Overlay. 8.5 Residential development within the site could have a positive effect on landscape and ecology values, through the development of the site as a showcase water sensitive (low impact) design, and specific A14069_Waiwhakareke_Evidence_MLe_

29 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis landscape and ecology interventions to extend and enhance the values of the Heritage Park into the site. 8.6 Residential development is also likely to activate the edges of the Park to provide passive surveillance, added safety, and increased use of the park as a recreational and educational amenity. Mark Lewis Principal Landscape Architect Boffa Miskell Limited 22 October 2014 A14069_Waiwhakareke_Evidence_MLe_

30 Hamilton City Council Proposed District Plan Hearing Statement of Evidence of Mark Lewis ANNEXURE A Views to the Site View looking Southwest to the subject site with existing development on Rotokauri Road (to the southeast of the site) visible A14069_Waiwhakareke_Evidence_MLe_

31 BEFORE THE HAMILTON CITY COUNCIL IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER Hamilton City Proposed District Plan Review Zoning of Lot 2 DP at Lake Waiwhakareke STATEMENT OF EVIDENCE OF RICHARD ALEXANDER DUIRS For: Hamilton City Council City Planning Addressing: Potential Stormwater Runoff Effects associated with the Residential Development of Lot 2 DP INTRODUCTION 1.1 My full name is Richard Alexander Duirs. I hold the position of Senior Environmental Planner with Bloxam Burnett and Olliver Ltd, a firm of consulting engineers, planners and surveyors based in Hamilton. My qualifications are Bachelor of Resource Studies from Lincoln University majoring in Natural Resource Management and Ecology. 1.2 I have 13 years professional environmental planning experience and for the past 10 years have focussed my career in the field of Natural Resource Management and have developed expertise in the field of environmental management for construction/land development activities. My previous employment has included working as a Planner at the Waipa District Council, a Resource Officer at the Waikato Regional Council and as an Environmental Consultant for a private sector consultancy. I am an Associate Member of the New Zealand Planning Institute and a member of the International Erosion Control Association. 1.3 I have a wide range of experience in relation to the effects of construction/land development activities upon water resources. This has included assessment of numerous large scale land development proposals and their potential effects upon water resources on behalf of the Auckland Council and Waikato Regional Councils as part of both resource consent and compliance processes. I have also been involved in the design and implementation of numerous stormwater management systems on large scale development sites on behalf of private developers or government agencies (e.g NZTA) with a focus on potential impacts upon water resources. I have Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 1

32 previously provided expert evidence in relation to the environmental impacts of land development activities at both resource consent and prosecution hearings on behalf of the Waikato Regional Council and Auckland Council. 1.4 My experience has included working on numerous development sites in immediate proximity to sensitive aquatic receiving environments including Orewa Estuary, Auckland Harbour, Whangapoua Harbour (Coromandel), Whaingaora Harbour (Raglan) and Lake Koromatua ( a Waikato Peat Lake). In addition, I have previously undertaken a development feasibility study on behalf of one of the larger property owners within the Rotokauri Structure Plan area, including land within the Lake Waiwhakareke Landscape Character Area, and thus have an understanding of the physical and statutory development constraints within this vicinity. 1.5 While this matter is not before the Environment Court, I have read the Code of Conduct for expert witnesses in the Environment Court Practice Note 2011 and I agree to comply with it. I am also satisfied that the evidence in this statement is within my area of expertise, except where I state that I am relying on the evidence of another person. I am also not aware of any material facts that I have omitted that might alter or detract from the opinions that I express in this evidence. 2.0 SCOPE OF EVIDENCE 2.1 I was initially engaged by the Hamilton City Council (HCC) Parks and Open Spaces Department in May, 2014 to provide preliminary advice in relation to the potential development of a 5.14ha block of land located at the corner of Baverstock and Rotokauri Roads identified as Lot 2 DP for residential purposes. Specifically, the advice sought aimed to assess the potential impact of the development of the site upon downstream water resources including Lake Waiwhakareke and a broad assessment of potential methods to avoid, remedy or mitigate any potential effects. The advice also sought clarification regarding the resource consent authorisations which would be required under the Waikato Regional Plan to authorise earthworks and stormwater discharges from the development site along with the necessary design information required to support any resource consent applications. This preliminary advice was outlined within my memorandum dated 12 May, 2014 to Jeremy Froger Team Leader, Natural Environments HCC Parks and Open Spaces. 2.2 The purpose of my evidence is to formalise and build upon the advice outlined within my initial memo in relation to the potential effects of site development upon water resources within the downstream receiving environment. Specifically my evidence will address the following items: Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 2

33 Potential Effects of Land Development Upon Aquatic Receiving Environments; Management Methods; and Statutory Requirements. 2.3 In preparing my evidence I have reviewed the following information and undertaken the following works: Hamilton Smart Subdivision Concept Plan, April, 2006; Site visit with HCC staff Jeremy Froger, Team Leader, Natural Environments; and Lance Vervoort, General Manager, Community to Lot 2 DP on 9/5/14; Aerial Image and Lidar Contour Plan prepared by BBO; and Waikato Regional Plan, Hamilton City Proposed District Plan. 3.0 POTENTIAL EFFECTS OF LAND DEVELOPMENT UPON AQUATIC RECEIVING ENVIRONMENTS 3.1 The potential effects of land development activities upon aquatic receiving environments can be broadly categorised into two separate phases as follows: 1. Sediment runoff effects during the construction earthworks phase of development; 2. Stormwater runoff effects from the completed development surfaces and associated stormwater infrastructure. The potential effects associated with these separate stages of land development are described in detail as follows: Earthworks Effects 3.2 Development of the site will require bulk cut/fill earthworks activities associated with contouring of the site to create appropriate development surfaces and installation of roading infrastructure and site services. The exposure of large areas of exposed soil creates the potential for erosion of soil surfaces and mobilisation of sediment particles within site runoff during rain events. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 3

34 3.3 Inappropriate management of the site during the earthworks phase can subsequently result in the discharge of sediment laden runoff into aquatic receiving environments downstream of the site. While sediment inputs are a natural part of aquatic environments, excess sediment levels can result in a range of adverse effects on water quality and aquatic ecology including the abrasive and smothering effects of fine sediments on aquatic organisms (e.g fish gills) and benthic habitats and the discolouration of water affecting visual feeder species as well as aesthetic and recreational values. 3.4 While the risk of adverse effects may be limited to the bulk earthworks phase of development, any effects that do occur within aquatic receiving environments may extend over a prolonged period until full recovery is achieved. 3.5 In considering the potential development of Lot 2 DP there is a risk that the bulk earthworks activities could result in adverse sediment effects upon Lake Waiwhakareke if not managed appropriately. Stormwater Effects 3.6 The potential effects of stormwater runoff from the permanent site surfaces and drainage systems can be further categorised into two separate items comprising water quantity effects and water quality effects which are described as follows. Water Quality Effects 3.7 The potential water quality effects of stormwater runoff from urban catchments are well documented. In particular, road surfaces create the potential for inputs of vehicular derived contaminants such as heavy metals and hydrocarbons which can be deposited upon road surfaces by tyres, exhaust fumes, leaks and spills to become mobilised by stormwater flows during the next rain event, eventuating within natural receiving environments. Other urban contaminants which may enter urban stormwater runoff include elevated levels of sediments (from deteriorating pavement surfaces, gardens, building sites), nutrients and gross pollutants such as refuse. 3.8 Within aquatic receiving environments, some of these contaminants can accumulate in benthic sediments or may be soluble within the water column becoming available to aquatic organisnms at levels which are toxic to biota. Other contaminants including sediment and refuse can result in adverse aesthetic effects through reduced water quality or habitat values. Stormwater runoff from roads and impervious areas can also have elevated temperatures contributing to reduced oxygen levels within receiving water bodies. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 4

35 3.9 Areas of residential development, particularly smaller scale developments as proposed on Lot 2 DP425316, present a much lower risk of adverse water quality effects compared to intensively built up commercial areas or major traffic routes. Nonetheless, consideration should still be given to management of potential stormwater effects including any cumulative effects of development within the wider catchment. Water Quantity Effects 3.10 Development of the site for residential purposes will result in the replacement of the existing pasture surfaces with large areas of impermeable materials associated with pavements, driveways and roof surfaces. Consequentially the volume/rate of stormwater runoff from the site will increase and will be concentrated within site drainage systems to specific discharge outlet locations around the lower site margins Increased rates of runoff and concentration of flows creates the potential for a number of potential adverse environmental effects downstream of the site if not appropriately managed including: Outlet erosion effects concentrated/high velocity flows at site outlets creating a risk of erosion and scour at these high energy areas; Downstream flooding effects elevated flood levels downstream of the site due to increased catchment stormwater inputs during large scale storm events creating a risk to downstream properties and infrastructure; and Downstream channel erosion effects elevated flow rates/velocities within downstream channels due to increased catchment stormwater inputs during medium - large scale storm events creating a potential for adverse stream channel erosion effects. 4 MANAGEMENT METHODS 4.1 A number of options exist to manage the potential effects of land development activities outlined above upon aquatic receiving environments during both the construction earthworks phase and from the permanent stormwater drainage system. Potential management options are outlined for these two separate phases of development as follows with specific reference to the subject site. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 5

36 Earthworks 4.2 Construction planning for any large scale earthworks project within the Waikato Region requires the design and implementation of an Erosion and Sediment Control Plan (ESCP) outlining specific management measures which will be implemented throughout the construction phase to control potential erosion and sedimentation effects. 4.3 An ESCP for this type of development would typically comprise stripping of site topsoil to perimeter bunding around the site to contain runoff and to direct any sediment laden flows from the earthworks area to specifically design sediment control devices. These devices may comprise sediment retention ponds or decanting earth bunds. These devices work by directing all runoff to the inlet end of the pond from which it slowly moves through the large volume storage area allowing for settlement of sediment particles within the low energy, main pond body. Outflows from the end of the ponds are managed by an elevated or floating decant system which siphons only the cleanest water from the pond surface to discharge to the receiving environment. The bulk of the sediment settles within the base of the pond which is subject to routine clean out (de-sludging) over the duration of the works. In certain circumstances, the efficiency of the ponds may be further enhanced through the addition of chemical or organic flocculants. 4.4 The benchmark for erosion and sediment control within the Waikato Region is the Waikato Regional Councils Technical Report No.2009/02 Erosion and Sediment Control Guidelines for Soil Disturbing Activities (TR2009/02) which is considered to represent best practice erosion and sediment control methods for management of earthworks effects within the Waikato Region. Sediment ponds designed and constructed in accordance with the TR2009/02 guideline are generally considered able to achieve 75% removal of sediment from earthworks catchment inflows although this has been shown to be further enhanced to around 95% removal of sediment with the addition of flocculants. Appendix A includes photo examples of the typical types of erosion and sediment control measures implemented within the Waikato Region. 4.5 The subject site comprises low to moderate gradient slopes which fall towards the low gradient land surrounding Lake Waiwhakareke. At least half of the site drains northward to an existing farm drainage channel, bypassing Lake Waiwhakareke. The southern part of the site drains directly to Lake Waiwhakareke. Development earthworks would likely comprise cutting of the more stable material from the more Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 6

37 elevated part of the site and filling across the lower lying sections, particularly around the northern site margins, to form the development platforms. 4.6 I consider that the design and installation of erosion and sediment control measures in accordance with the TR2009/02 guidelines for these works at the site would be relatively straight forward and would likely comprise stripping of site topsoil to form perimeter bunding around the lower site margins which would divert all site runoff over the earthworks phase to one or two sediment retention ponds located within the lower parts of the site. Pond discharges would likely occur via low gradient drainage channels either into Lake Waiwhakareke or the downstream drainage outlets. 4.7 As described, my previous experience has included working on a number of large scale development sites directly adjacent to high vaule tidal/harbour environments. These environments present a significant risk for adverse sediment effects based upon their depositional nature and highly productive benthic habitats (mudflats, estuarine habitat).however in these instances, the implementation of best practice erosion and sediment control measures have been successful in preventing any adverse effects upon these areas. 4.8 Based upon my experience, I consider that the earthworks at the subject site can be effectively managed through implementation of best practice erosion and sediment control measures to avoid any adverse water quality or ecological effects on the downstream receiving environment (Lake Waiwhakareke or the downstream drainage channels) over the construction phase of the development. 4.9 I consider that the success of these measures will be reliant upon development of a robust ESCP and engagement of a diligent earthworks contractor familiar with the design, construction and maintenance of these measures. The risk is further reduced by the nature of large scale earthworks which are typically required to be programmed over the drier summer months further reducing the potential for large scale runoff events and saturated site soils. Stormwater 4.10 The historic approach to stormwater drainage design has typically comprised capture of runoff from development surfaces and piping directly to the nearest watercourse for disposal. However, the current practice for greenfields development within the Waikato Region requires consideration of potential downstream effects (water quality and quantity effects) and incorporation of appropriate stormwater management measures within the drainage design to avoid, remedy or mitigate any potential Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 7

38 effects. This may include the addition of features such as constructed stormwater wetlands/ponds, grass swales, filter strips or infiltration/filtration devices Given the absence of any specific stormwater management guidelines developed specifically for the Waikato Region, the Auckland Councils Technical Publication 10 (TP10) Stormwater Management Devices: Design Guidelines Manual, May, 2003 is referred to as representative of best practice methods for management of stormwater quality and quantity effects within the Waikato Region. Stormwater management devices designed and constructed in accordance with the TP10 guideline are generally considered able to achieve 75% removal of sediment and attached contaminants from site runoff. This is achieved through attenuation and settlement of site runoff within the device with controlled discharges occurring via an elevated outlet. Furthermore, planting of the device with native wetland species enhances treatment capabilities through natural biofiltration processes along with shading and cooling of runoff prior to discharging into the downstream receiving environment. Appendix B includes photo examples of the typical types of stormwater management devices including a number of examples from within Hamilton City Again, the nature of the sites topography lends itself well to implementation of an effective drainage system with runoff from development surfaces being captured and conveyed to discharge at the lower site boundaries where specific stormwater management devices could be located. It is also noted that the site contour plan indicates a potential for runoff from the majority of the development catchment to be diverted northward via the positive flow existing farm drain, bypassing the lake if required and discharging directly into the lake outlet channel near Rotokauri Road (subject to detailed site investigations and design and consideration of any hydraioulic impacts upon Lake Waiwhakareke) Based upon the location of the site at the top of the catchment with catchment outflows occurring via a low gradient farm drainage system with limited capacity, the proposed stormwater management system would likely require both treatment and attenuation of site runoff to prevent adverse water quality (contamination) and quantity (flooding/erosion) effects within downstream receiving environments (although attenuation requirements may be able to be avoided if discharges occurred via a treatment device into the lake). As mentioned the benchmark for design of these systems would be the TP10 Guideline The TP10 Guideline outlines a number of design options for treatment and attenuation of stormwater however in situations where both stormwater treatment and attenuation are required, the favoured option would be through construction of a stormwater pond or wetland located within the lower margins of the site adjacent to Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 8

39 the Lake Waiwhakareke Reserve area. Furthermore, the site provides a relatively unique opportunity to integrate the proposed stormwater pond/wetland with the adjacent reserve to maximise aesthetic and habitat values through landscape planting of native species in and around this device to complement the adjacent natural wetland/lake habitat If significant concern still existed over the discharge of treated stormwater to Lake Waiwhakareke, the potential to divert all site stormwater northward, bypassing the lake, can be further explored. Nonetheless, I consider that development of a drainage system design incorporating the described stormwater management devices would ensure that any potential water quality or quantity effects upon the downstream receiving environments (including Lake Waiwhakareke) would be less than minor. This consideration has again taken into account my previous involvement on a number of large scale development sites where best practice stormwater management devices have been implemented to avoid any potential adverse water quality or quantity effects upon adjacent sensitive receiving environments with no adverse stormwater effects having arisen post development. Furthermore, I consider that over time the retirement of the subject site from agricultural land use and the installation of stormwater treatment wetlands/ponds and associated native plantings around the Lake Waiwhakareke margins in association with site development activitiesd will result in positive water quality and habitat outcomes for the lake The long term effective function of the stormwater management devices will again be reliant upon ongoing monitoring and maintenance. In this respect, it would be anticipated that this infrastructure would be vested with HCC to undertake their ongoing operation and maintenance requirements Note that the requirement for installation of stormwater management facilities on site will dictate the need for part of the site to be set aside for construction of these facilities resulting in a potential reduction in developable site area. The total area required to accommodate these facilities on site has been calculated as being within the vicinity of m 2. However, the requirement to locate these facilities along the lower site boundary adjacent to the reserve land is consistent with the preliminary site development design concept including creation of a reserve buffer strip along the lower site boundary allowing for an aesthetic/ecological transition zone between the development and the park. Appendix C outlines a preliminary concept indicating the potential location of a stormwater management wetland including the potential outlet channel to bypass Lake Waiwhakareke if deemed necessary. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 9

40 5 STATUTORY REQUIREMENTS 5.1 Development of the site for residential purposes would be subject to resource consent authorisations under the Waikato Regional Plan and Hamilton City District Plan which are described as follows. Waikato Regional Plan 5.2 Two separate resource consent authorisations would be required for the site development activities under the Waikato Regional Plan to authorise both the temporary construction earthworks and associated site discharges and the permanent stormwater discharges which are outlined as follows. 5.3 Resource consent to undertake earthworks associated with construction of a residential development: The purpose of this resource consent is to assess any potential habitat disturbance effects and erosion and sedimentation effects associated with the construction earthworks phase of the project. As the site is largely devoid of any natural habitat values (being limited to open pasture), consideration of this resource consent would be limited management of potential erosion and sedimentation effects e.g downstream sedimentation/water quality effects. The general assessment criteria for this resource consent would be to ensure that the site development proposal includes a robust ESCP which outlines specific erosion and sediment control measures consistent with the WRC TR 2009/02 erosion and sediment control guidelines which is considered to represent best practice erosion and sediment control methods for management of earthworks effects within the Waikato Region. Were this consent to be approved, consent conditions would be anticipated requiring the implementation of the approved ESCP to manage potential sediment effects. The site would also be subject to intensive monitoring by WRC Compliance Staff to ensure that these requirements are being adhered to throughout the earthworks. 5.4 Resource consent to divert and discharge stormwater from a residential development: While HCC currently holds a comprehensive stormwater discharge consent from the WRC which authorises all discharges from the existing HCC stormwater network, this consent is only applicable to new development areas when the proposed development site lies within a catchment area covered by an approved Catchment Management Plan (CMP) and the proposed drainage design is in accordance with the approved CMP. The Lake Waiwhakareke catchment is currently not covered by Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 10

41 an approved CMP (although the plan for the wider Rotokauri catchment is understood to be under development by HCC), hence an individual stormwater discharge consent would be required to authorise any stormwater drainage system discharges from this site. The purpose of this resource consent is to assess the potential water quality and quantity effects associated with permanent stormwater runoff from the developed site drainage system. The general WRC assessment criteria for this resource consent would be to ensure that the site development proposal includes stormwater treatment and attenuation measures which have been designed in accordance with the TP10 stormwater management guideline which is considered to represent best practice methods for management of stormwater quality and quantity effects within the Waikato Region. Were this consent to be approved, consent conditions would be anticipated requiring the implementation of the approved stormwater management system to manage potential stormwater quality and quantity effects and the completed devices would be subject to WRC compliance inspections to ensure they are established and maintained in accordance with the approved design. 5.5 These resource consent requirements of the Waikato Regional Plan confirm the statutory process through which specific consideration will be given to the potential effects of the development activities upon aquatic receiving environments and the procedures to ensure that appropriate management measures are designed and implemented on site to avoid, remedy or mitigate the potential effects. Hamilton City District Plan 5.6 Any site development proposal would be subject to subdivision/landuse resource consent authorisation under the provisions of the Hamilton City District Plan (principally the Proposed District Plan). These consent processes would again require consideration of potential erosion and sediment effects along with consideration of appropriate engineering design. In this respect it is noted that the HCC Infrastructure Technical Specifications Manual, 2003 which guides engineering design requirements within Hamilton City also specifies that the design of stormwater treatment and detention devices in Hamilton City is to follow the guidance provided in the Auckland Council TP10 guideline. 5.7 It is noted that rule of the Proposed Hamilton City District Plan identifies general standards applicable to activities within or affecting peat lakes, wetlands and peat lake catchments. Part (e) of this rule refers to stormwater disposal within these areas and specifies the following standard: e) Stormwater Disposal Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 11

42 Stormwater run-off from any new building on any site that is wholly or partly covered by any Peat Lake, Wetland and Peat Lake Catchment shall be disposed of directly to the ground. It is noted that Features Map 33B of the Proposed District Plan outlines the southern half of the subject site as being located within a Peat Lake Catchment area and hence this general standard would be applicable to stormwater management at the subject site. 5.8 I am uncertain whether the specific intention of this provision within the Proposed District Plan is to minimise potential development runoff to Lake Waiwhakareke or to maintain stormwater recharge to groundwater within the lake catchment. In either case, while I have not reviewed any geotechnical information for the site, I would anticipate that disposal of stormwater to ground within the site would be unfeasible due to anticipated limited ground soakage capacity within site soils (which comprise volcanic ash soils) and potential stability effects of discharging stormwater to ground on a sloping site. Hence specific resource consent authorisation would be required to obtain dispensation to this standard which is applicable to approximately half of the site. Potential water quality or Lake Waiwhakareke hydrology effects to be considered through this consent could be addressed through treatment of catchment runoff within an appropriate treatment device (as previously described) and through continuing to route developed catchment, treated stormwater into Lake Waiwhakareke. 6 CONCLUSION 6.1 Development of any greenfields site for residential purposes creates a potential for effects upon downstream receiving water bodies both during the temporary development earthworks phase and from the permanent site drainage systems. These potential effects require the design and implementation of specific on site management measures to ensure that they are managed to a level that any potential effects are no more than minor. Specific earthworks and stormwater management guidelines are available within the Waikato Region to provide guidance on these measures. 6.2 I consider that the subject site lends itself well to the design and implementation of these measures in accordance with the best practice guidelines and that based upon the implementation of these measures, any potential water quality effects upon on Lake Waiwhakareke can be managed to ensure that they are less than minor. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 12

43 6.3 Furthermore, statutory processes (resource consents) required under the provisions of the Waikato Regional Plan and Hamilton City Proposed District Plan will provide further opportunity for detailed consideration of these potential effects and site design requirements to ensure that any potential effects upon Lake Waiwhakareke and the downstream receiving environments are appropriately avoided, remedied or mitigated. Richard Duirs Bloxam Burnett and Olliver Ltd 14 October 2014 Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 13

44 APPENDIX A: Earthworks Erosion and Sediment Control Examples Sediment retention ponds Stream receiving environment Photo 1: Sediment retention ponds being used to manage runoff from a large earthworks project Ngaruawahia Bypass Photo 2: Sediment retention pond close up Ngaruawahia Bypass. Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 14

45 Photo 3: Sediment retention pond showing improving water quality/treatment as dirty earthworks runoff moves through the pond - Ngaruawahia Bypass Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 15

46 APPENDIX B: Stormwater Pond/Wetland Examples Figure 1: Constructed stormwater wetland Totara View subdivision - Silverdale Figure 2 Constructed stormwater pond (unplanted) Anselmi Ridge subdivision Pukekohe Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 16

47 Figure 3 Constructed stormwater pond Rototuna - Hamilton Figure 4 Constructed stormwater wetland Rototuna - Hamilton Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 17

48 Figure 5 Constructed stormwater wetland Rototuna - Hamilton Figure 6 Constructed stormwater wetland Rototuna - Hamilton Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 18

49 Figure 7 Constructed stormwater mitigation pond/wetland (establishment phase) adjacent to Lake Areare (DoC Reserve) Ngaruawahia Bypass Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 19

50 APPENDIX C: Concept Drainage Plan Statement of Evidence by Richard Alexander Duirs 14 October, 2014 Page 20

51

52 Parks and Open Spaces To: Sam Foster, City Planning From: Allan Christensen, Parks and Open Spaces Subject: Open Space comments s42a report for Waiwhakareke Lot 2 DP Date: 24 October Purpose of this Memo Parks and Open Spaces Unit staff are contributing internal advice to City Planning in preparation of a section 42A report on potential zoning and land use of Lot 2 DP which adjoins the Local Purpose (Natural Heritage) Reserve at Waiwhakareke. 2.0 Background All of the land that now comprises the Waiwhakareke Natural Heritage Park within Lot 1 DP and all the land contained in Lots 2 and 3 DP was acquired by the Hamilton City Council between July and September In 2005 the Council elected to set aside some of that acquired land for potential development. All of the parcels acquired in 1975 were later consolidated and subdivided into three lots. Lot 1 being the main natural heritage block and later declared Local Purpose (Natural Heritage) Reserve under the Reserves Act 1977 (Reserves Act), Lot 2 becoming the lot referred to as the smart subdivision block and Lot 3 being gazetted as road. Staff researched the original acquisition documents to determine whether there was any stated Council intention in purchasing the land. No reference to any purpose was recorded in the transfer documents for the land. Consideration of the land becoming subject to the Reserves Act did not occur until the recent subdivision and the declaration of Lot 1 as a Local Purpose (Natural Heritage) Reserve. Inclusion of the site within the Waiwhakareke Natural Heritage Park Comprised of 5.1ha the subject lot would present a comparably large addition to the city s open space provision and offers a unique locality and utility for the public which cannot be provided elsewhere. It would result in permanent preservation of existing open space values of the site and by extension, the whole park. Open Space Values These open space values derive from a range of considerations: 1) The available public view and visual qualities and the outlook provided by the site over the whole park. 2) The current sense of space provided by Lots 1 and 2, and

53 3) The connections between the two parts and the resulting openness which would be severed by residential development. 4) The site provides an enhancement of aspect and elevated connection to the wider park along with a defined natural shape and contiguity. 5) In that respect including the site within the park completes the open space context of the park. 6) Other open space values derived from the intrinsic value associated with the retention of Lot 2 which acts as a buffer to encroachment and proximity of development towards the lake and therefore prevent crowding and dominance of the reserve by development. 7) Maintenance of the water quality and ecosystems of the lake from infiltration of silt and sediment from any development. 8) Open space values can sometimes be considered intangible but often relate to a consideration of what would happen if the land was removed or built upon. In this case it is considered that only a deliberate and dedicated approach to any development of Lot 2 would result in any protection of these open space values. Reserves Act Purpose and open space values It is appropriate to consider the purpose of the Reserves Act (section 3) which is to provide, preserve and manage for the benefit and enjoyment of the public, areas possessing recreational use or potential, whether active or passive; or wildlife; or indigenous flora or fauna; or environmental and landscape amenity or interest; or natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, community, or other special features or value. It also has as a purpose of ensuring the preservation of access for the public to lakeshores, and riverbanks, and fostering and promoting the preservation of the natural character of the margins of lakes and rivers and the protection of them from unnecessary subdivision and development. There are intrinsic and tangible values attached to this open space and it is therefore important to ensure any subdivision or development in such close proximity to the park is not only proved to be appropriate in the context of the natural heritage park but is also specifically managed with the special character and preservation of the open space in mind. The site provides a singular opportunity to combine land for passive recreational use, and the preservation of natural, scenic, biological, historic, scientific, educational, cultural and community values and of landscape and amenity values and flora and fauna. There would be a significant and irreplaceable loss of these open space values if the site was developed in a traditional residential manner. The site is roughly 5.1ha and if retained as open space, would increase the area of the Waiwhakareke Natural Heritage Park to approximately 65ha. Given its unique character and open space values, the preservation of site context and those values is site dependent. While other residential development land is available within the Rotokauri Structure Plan Area, if the site was to be developed the open space values relevant to this site alone cannot be exported to other sites. Parks and Open Spaces do not support a general residential zoning of the site. If residential zoning is considered, it is important to ensure unique development measures are applied to avoid adverse effects on and to enhance open space values. In such circumstances, Parks and Open Spaces would support a zoning that suits the character of the site and provides for low density and environmentally responsible subdivision acknowledging the

54 sites location adjoining the Natural Heritage Park and similar in intent to the 'smart subdivision' concept. In particular, Council has a duty to ensure the open space landscape amenity values are acknowledged in any design. While this might result in a lower lot yield, and deeper transition depth than traditional residential practice, it is a responsible and appropriate response to the unique character of the adjoining park. In such circumstances, Parks and Open Spaces seek inclusion of a specific development methodology which ensures inclusion of a range of stormwater management techniques, sustainable building practices and measures to avoid effects on and enhance water quality and open space values. 3.0 Recommendations Parks and Open Spaces do not support general residential zoning of the land. Considering the circumstances, if the land is to be zoned residential, Parks and Open Spaces support an approach which provides for a reduced lot and environmentally responsible subdivision and inclusion of unique development measures that serve to avoid and enhance open space values.

55 Appendix G1 5 Special Character Zones 5.1 Purpose a) There are areas of Hamilton City that are recognised as having a distinctive and special character. Character is influenced by the natural and built environment, architectural styles, the layout of streets and residential lots (and their size), land use, the trees, fences, landscaped areas and open space and the heritage and cultural values. Both public and private spaces contribute to defining the character of an area. The unique character or values of these areas can be compromised by site redevelopment, infill development, demolition of character homes, additions and alterations of existing buildings and the design and location of structures such as fences, if these have little regard to the area s dominant character. b) The intention of the Special Character Zones is to protect, maintain and enhance the respective special characteristics of those areas. Five special zones are provided in this District Plan: i. Special Residential Zone. ii. Special Heritage Zone. iii. Special Natural Zone. iv. Temple View Zone. v. Peacocke Character Zone. c) Design and layout of residential sites and buildings are critically important. All residential development must address potential adverse environmental effects and ensure a good quality urban environment is achieved through urban design. d) Good standards of amenity create a pleasant and attractive living environment, and in doing so contribute to wider neighbourhood amenity. Residential amenity means the many qualities and attributes that allow people to enjoy living where they do such as visual attributes, sunlight, good access, low noise levels and safety. e) All Special Character Zones are intended to be primarily for residential purposes and any other activities need to maintain residential character and amenity. In particular, the character and amenity of established residential areas need to be, where possible, enhanced by both public and private development. f) In addition to residential activities, some small-scale non-residential activities, such as home-based business and home stays, are appropriate in residential areas. A limited range of non-residential activities that support communities, such as schools and health centres, can potentially establish within the zones. However, this is subject to several considerations, particularly their compatibility with the existing and anticipated residential character and amenity of the residential area. Volume 1 5 Special Character Zones Page 5-1

56 5.1.1 Special Residential Zone a) The Special Residential Zone comprises: i. Claudelands West ii. Hamilton East iii. The Dwelling Control Area Claudelands West a) Claudelands West comprises that part of the Special Residential Zone: i. South of Boundary Road ii. West of Heaphy Terrace iii. North of Te Aroha Street iv. East of the Waikato River b) Claudelands West derives its character largely from period housing providing links with the City s early settlement, including bungalows, Arts and Crafts houses and villas. The area is also characterised by its predominately low-density development. Areas of mature vegetation (including street trees) and front yard gardens are also a significant element. c) The character of Claudelands West can be maintained in several ways. The lowdensity housing pattern is an important element, as is ensuring that any new buildings are compatible with houses constructed before This means height, scale and bulk similar to the existing built form. The front yard and the streetscape are important and can be maintained by buildings set back from the road and low front fences. This ensures that the building line is preserved and there are opportunities for front-yard gardens and tree planting Hamilton East a) Hamilton East comprises that part of the Special Residential Zone: i. South of Te Aroha Street ii. West of Dey Street iii. North of Cobham Drive iv. East of the Waikato River b) Hamilton East is the City s oldest suburb. The original framework of streets laid out on a grid pattern in the 1860s provided the basis for early subdivision into uniform 1-acre lots. The area continued to develop over successive generations and now contains a variety of building styles. The wider neighbourhood has retained the original, regular configuration of allotments. c) Sites typically have generous front and side yard setbacks resulting in relatively low building coverage. The variety of building styles, predominantly singlestoreyed, avoids a uniform or regimented appearance but the unifying feature is large setbacks from a heavily vegetated streetscape and from each other. There are similarities with siting, scale, height, building design and orientation, and vegetation. Garages and accessory buildings are generally located to the rear of a site, maintaining a strong relationship between the dwelling and the street. Volume 1 5 Special Character Zones Page 5-2

57 d) There is significant planting within private properties and major reserves such as Steele Park and Galloway Park. One of the defining features of Hamilton East is the extensive mature trees and planted berms. e) It is not intended that the elements that contribute to the character and amenity values of the neighbourhood be frozen in time and that new development mimic existing building styles. What is intended is that development as a whole is sympathetic to, and respects, the neighbourhood s special qualities. f) While some dwellings are identified and protected for their heritage values, those pre-dating 1940 contribute to the local character without necessarily being of heritage value individually The Dwelling Control Area a) The Dwelling Control Area is defined in the Planning Maps (also refer to Volume 2, Appendix 4, Figure 4-1). b) The Dwelling Control Area is an area where specific character homes, generally pre-1940 dwellings, make a significant contribution to the character and amenity values of the area. c) These pre-1940 dwellings are concentrated in the blocks that surround the Hamilton East part of the Residential Intensification Zone (refer to Volume 2, Appendix 4, Figure 4-2) and the streets immediately south of Te Aroha Street. Demolition and removal of these dwellings needs to be controlled as they make a significant contribution to the character of these streets and the wider neighbourhood and help to retain a sense of history. d) The Soldiers Cottages situated on Cook Street are Californian bungalow-style properties constructed between 1922 and 1935 (Art Deco). This enclave of five properties is unusual, even within Hamilton East, although their value is due to local interest rather than historic heritage value. The building style is similar to other examples in Hamilton East but the section sizes and setbacks are smaller which results in a more intimate relationship between buildings and the street. Although some have been substantially modified over the years, they still retain a strong element of visual and architectural unity Special Heritage Zone a) The Special Heritage Zone has been identified for heritage values derived from a combination of a number of built elements (rather than individual items) and the spatial pattern between them. b) The Special Heritage Zone comprises: i. Frankton Railway Village ii. Hayes Paddock iii. Hamilton East Villas Frankton Railway Village a) Frankton Railway Village, as shown in Volume 2, Appendix 4, Figure 4-4, comprises that part of the Special Heritage Zone: i. South of Lincoln Street Volume 1 5 Special Character Zones Page 5-3

58 ii. North of Massey Street iii. East of Rifle Range Road b) It is one of the last and largest remaining railway settlements in the country and is considered nationally significant. It represents a historical reminder of one of the busiest railway junctions in New Zealand. The area has been identified as worthy of protection for the following heritage characteristics: Hayes Paddock i. It provides a relatively unmodified example of a planned railway settlement, representing design elements of the garden suburb movement, fashionable at that time (with the hall and central open space for workers). ii. It contains a number of different design variations on the railway house, which is a basic villa design, with front porch, horizontal weather boarding, and galvanised corrugated iron roofing. iii. It comprises predominately separate, single-storey residential dwellings. iv. It has consistent building setback from the street frontage with houses orientated to the street. a) Hayes Paddock, as shown in Volume 2, Appendix 4, Figure 4-2, comprises that part of the Special Heritage Zone: i. West of MacFarlane Street ii. East of the Waikato River b) Hayes Paddock is a surviving example of a former state housing area, designed and built by the first Labour Government from the late 1930s following the design principles of the garden suburb movement. The layout of the neighbourhood and design of individual houses reflected the economic circumstances and social ideals of the time in terms of the provision of high-quality worker housing. The area has been identified as being worthy of protection for the following heritage characteristics: i. It provides a relatively intact example of a planned state housing neighbourhood, providing high-quality worker housing constructed before 1945 and following contemporary design elements of the garden suburb movement. ii. iii. iv. Dwellings exhibit a wide variety of design detailing but retain a high degree of visual unity through common use of a limited palette of materials and colours. Dwellings are typically, but not exclusively, single-storey with solid hipped and tiled roofing. The relatively narrow curving street pattern with berms and street trees discourages through traffic and reinforces a distinct residential character. v. Services, including electricity supply and telephone lines are underground. vi. Walkways provide connectivity between streets and the recreational reserve areas. Volume 1 5 Special Character Zones Page 5-4

59 vii. The location of the existing cafe and access to the riverside reserve at Jellicoe Drive and Plunkett Terrace reflects the historical focal point of the area, being the location of the original shop units. viii. The area still displays the original characteristic setback and separation between dwellings. ix Hamilton East Villas The design concept that the street scene, comprising the road, berms, gardens and dwellings, should be viewed as a whole is still clearly evident. x. Section sizes are typically about 600m 2 creating a distinctly low-density residential character. a) Hamilton East villas are located in that part of the Special Heritage Zone: i. South of Albert Street ii. West of Nixon Street iii. North of Naylor Street iv. East of Grey Street And are shown in Volume 2, Appendix 4, Figure 4-3. b) The area has a high concentration of villa-style houses and has historical significance as it reflects the popularity of the villa throughout Hamilton East in the late Victorian and Edwardian periods. The dates of the villas in the area are between 1891 and The area has been identified as worthy of protection for the following heritage characteristics: i. Consistency with the villa style, including a main gable facing the street, with ornate decoration in and/or supporting the gable, under eaves and on verandas. ii. iii. iv. Main entrance facing the street with front bay or gable. Buildings are predominately single storey. Consistent building setback from the street frontage with houses orientated to the street. v. Buildings are constructed with a timber frame, weatherboards and joinery with predominately corrugated iron roofs. vi. vii. Most buildings have double-hung sash windows. Most buildings have bays or double bays. viii. Most villas have verandas Special Natural Zone a) The Special Natural Zone identifies those areas of the City where a combination of natural, cultural and recreational values are of such significance to warrant the imposition of specific controls on development to protect, maintain and, where possible, enhance the special natural values of the area. b) The Special Natural Zone comprises: i. Lake Waiwhakareke Landscape Character Area Volume 1 5 Special Character Zones Page 5-5

60 ii. Rotokauri Ridgeline Area Lake Waiwhakareke Landscape Character Area a) The Lake Waiwhakareke Landscape Character Area comprises that part of the Special Natural Zone: i. South of Rotokauri Road ii. North of Baverstock Road iii. East of Brymer Road b) It derives its character from a combination of elements its topography, the Lake Waiwhakareke Natural Heritage Park and the natural, cultural and recreational values of the area. The significance of these character elements warrants the imposition of specific controls on residential development in order to create, maintain and enhance the character of this area. The zone aims to create a residential area that is distinctive and responds to Lake Waiwhakareke. c) The proximity of the site Lot 2 DP to Lake Waiwhakareke is such that development is required to be carried out in such a way that responds to the Lake Waiwhakareke s character and setting whilst protecting the ecological and landscape values of the Lake. In order to achieve this, development must be in accordance with a Comprehensive Development Plan (CDP) and cannot occur until approved by Council. The area subject to the CDP process are identified in Volume 2, Appendix 4, Figure Rotokauri Ridgeline Character Area a) The Ridgeline Character Area comprises that part of the Special Natural Zone: i. North of Rotokauri Road ii. East of Lee Road and Exelby Road b) It identifies a locally significant landscape feature in the western hills of Rotokauri. The area warrants special landscape management and planning provisions to retain the legibility of the ridgelines and achieve a form and density of development that enables a sense of the underlying landform to be retained. The Ridgeline Character Area comprises a primary ridgeline that runs from north to south and follows the alignment of Exelby Road; and ridgelines (or spurs) aligned in a generally east-west direction. c) The Ridgeline Character Area is made up of a number of key visual and physical characteristics, the pattern of which create a backdrop to the western edge of the City Temple View Zone a) The Zone identifies those areas of Temple View which, through a combination of built and landscaped features deriving significant influence from the facilities built by The Church of Jesus Christ of Latter Day Saints, has produced a distinctive character. The zone comprises: i. Temple View Heritage Area ii. Temple View Character Area Volume 1 5 Special Character Zones Page 5-6

61 Temple View Heritage Area a) The Heritage Area is defined on Planning Map 60B. b) The heritage values of this area are derived from the combination of the built and landscaped environment immediately surrounding the Temple of the Church of Jesus Christ of Latter-day Saints. The Temple itself was the first in the Southern Hemisphere and is the focal point of the Church of Jesus Christ of Latter-day Saints in New Zealand. c) The siting, design and landscape treatment of the Temple emphasise the vertical proportions of the building and create an impression of a monument. Other buildings within the precinct include the visitor centre, which has a strong visual relationship with the north elevation of the Temple, and other elements such as dormitory accommodation on the eastern side, the central parking area and the Temple president s house, which is visually connected by the walled car parking area to the south of the Temple. Landscaping and tree planting emphasises the dramatic and dominant position of the Temple in the local landscape and also includes trees that mark periods of occupation before development of the site by the Church. d) The Heritage Area is contiguous with the Character Area, which was built with the same locally manufactured concrete blocks by the same missionary programme and retains a strong visual relationship with this area, particularly through the continuous curtilage walling adjacent the road frontage. Some of the features within the Heritage Area are separately identified and protected through specific rules, recognising the group value of these features within their wider site context. e) The Heritage Area provisions include a Temple Comprehensive Development Plan which outlines a range of different activities that can be undertaken, which are compatible with and enhance the purpose and nature of the Heritage Area Temple View Character Area a) The Temple View Character Area is defined in the Planning Maps (see Maps 51B and 60B). b) As a result of site planning, development and subsequent management by the Church of Jesus Christ of Latter-day Saints, the area contains elements of the built and landscaped environment which have combined to produce a distinctive character. c) The provisions in the Character Area have been designed to enable a range of different activities to take place, with a view to enhancing and complementing the adjacent Heritage Area. Two different Comprehensive Development Plans (CDPs) within the Character Area provide overall guidance on development. The Mixed Use CDP will enable the development of a vibrant, well-designed and connected community with a small area of local purpose shops and a range of residential housing choices, including a possible retirement village. The Community Facilities CDP will enable the development of facilities of a community nature such as a historical park, buildings for worship and social services, with some limited residential housing. Volume 1 5 Special Character Zones Page 5-7

62 d) The Character Area straddles Tuhikaramea Road and includes a number of Heritage Items and Significant Trees that are individually protected through District Plan provisions, but the Temple View Character Area values extend beyond these individual items. The character of the area originates from the widespread use of certain key elements such as colour, materials, landscape treatment and internal roading. e) Through features such as siting, design, and proportions there is considerable unity between different areas of activity. This unity is carried through into the treatment of buildings, boundary walls, landscaping and roadways within the adjoining Heritage Area. f) The arrangement of former teacher housing on either side of Tuhikaramea Road creates a distinctive gateway approach to the Temple. The corridor displays a unique spatial pattern which is articulated through uniformity in the height, bulk, architecture, materials and vernacular style of its buildings and other structures. The spacing between buildings, set back from the road and open campus-style setting, all contribute to the character of the area. New development, which is compatible in scale, materials, form and design, will enhance and maintain this special character. g) The distinctive character of the heritage buildings listed in the District Plan should be reflected in new development. h) Development in the Character Area must be in accordance with either the Mixed Use CDP or the Community Facilitiies CDP; and cannot occur until a CDP is approved by the Council. The areas subject to the CDP process are identified in Volume 2, Appendix 4, Figure 4-5. i) The Mixed Use CDP and the Community Facilities CDP will identify activity precincts and the manner in which the different activity precincts interface and integrate with each other, (particularly those where there is a mix of public and private precincts i.e. the Neighbourhood Centre Precinct and the Residential Development Precinct), proposed transportation corridors, heritage buildings and structures, infrastructure and key physical features such as existing water courses and drainage reserves Peacocke Character Zone a) The Peacocke Character Zone identifies the unique natural area within the Peacocke area that has strong landscape features. These include the Managakotukutuku Gully network, the Waikato River, and the strong natural topography found in the south of the area. The development of the Peacocke area needs to respond positively to these landscape features. The aim is to create an interesting and distinctive urban form based on these natural areas. The Peacocke Character Zone comprises: i. Terrace Area ii. Gully Area iii. Hill Area b) The elements that make up the three areas have been identified in the Peacocke Structure Plan in Chapter 3. Along with setting out the components of the Volume 1 5 Special Character Zones Page 5-8

63 Structure Plan it provides a number of objectives that guide the development of the Peacocke area. 5.2 Objectives and Policies: Special Character Zones All Special Character Zones Objective The Special Character Zones retain and enhance their identified values. Policies 5.2.1a Cumulative adverse effects on the character of the area shall be avoided wherever practicable b Development shall be consistent with the reasons for the site being included within a Special Character Zone c The size and scale of buildings and structures shall be compatible with the amenity of the locality d Buildings shall be designed so they do not physically dominate or adversely affect the residential character of the neighbourhood e Significant vegetation and trees should be preserved wherever possible. Explanation All the areas which have been identified as Special Character Zones have particular features which make them unique within the City. It is important that these unique features are identified and any new development does not harm these characteristics. Objective Policies Volume 1 5 Special Character Zones Page 5-9

64 5.2.2 Residential development produces good on-site amenity a Residential design shall achieve quality on-site amenity by providing: i. Private, useable outdoor living areas. ii. iii. iv. Access to sunlight and daylight throughout the year. Adequate storage space and service areas to accommodate typical residential living requirements. Insulation to avoid or mitigate adverse noise effects between residential units. v. Parking and manoeuvring areas on-site to meet the needs and convenience of residents. vi. Energy-efficient and sustainable design characteristics and technologies where compatible with the scale and form of residential development b Residential sites adjacent to public space shall achieve visual and physical connectivity to these areas c Building design and location shall protect the privacy of adjoining sites d Buildings should be designed to conform to natural topography. Explanation Good design of housing is critically important to on-site and off-site amenity. The policies identify the features important for each residential unit, regardless of what form the dwelling may take. Important design features include access to sunlight, outdoor living space, storage space, visual connectivity to public spaces such as the street, privacy, and off-road parking. Incorporation of these features will ensure functional and high-quality living environments for the occupants. Volume 1 5 Special Character Zones Page 5-10

65 Special Residential Zone Objective Recognise, protect and, where possible, enhance the values of the identified Special Residential Zone. Policies 5.2.3a Development shall be consistent with the generally low intensity and low-density residential character of the area through: i. Providing front and side yard setbacks. ii. Providing a low level of site coverage. iii. Being consistent with the existing dwelling densities b Development should retain a strong visual relationship to the streetscape through: i. Ensuring any front yard fencing enables visibility with the streetscape. ii. Orienting buildings to overlook the street. iii. Ensuring the design of buildings avoids creating blank facades facing public spaces c Mature trees and other vegetation should be retained, particularly in the front yard d The local context, scale and character shall be retained e Existing valued character elements shall be protected and enhanced by: i. Retaining pre-1940 dwellings within the dwelling control area. ii. Retaining pre-1939 dwellings within the Claudelands West area. iii. Ensuring alterations or additions to the streetscape façade of pre-1940 dwellings in the dwelling control area do not adversely affect the special character of the area f New buildings and structures shall be compatible with the form, height and bulk of houses constructed before 1939 in Claudelands West. Volume 1 5 Special Character Zones Page 5-11

66 Explanation 5.2.3g Non-residential activities shall not establish in any Special Residential Zone unless potential adverse effects are less than minor h Buildings shall be located only within the front yard setback where other sitings are proven to be impracticable. Buildings located within the front yard setback shall provide mitigation by provision of planting and screening and minimising the prominence of the building in relation to the main dwelling when viewed from the transport corridor. These policies identify the important elements that lend the Special Residential Zone its uniqueness. Volume 1 5 Special Character Zones Page 5-12

67 Special Heritage Zone Objective Recognise, protect and, where, possible enhance the heritage values of the identified Special Heritage Zone. Policies 5.2.4a Development shall: i. Maintain the predominately low-intensity and density characteristics of the area. ii. iii. iv. Be compatible with the site layout, site size and dimensions, building form, height, design, materials, scale and other heritage values of the area. Ensure that original buildings and structures are retained on the site. Provide landscaping in keeping with local residential amenity. v. Avoid any significant adverse effects on the heritage values of the Special Heritage Zone. vi. vii. Encourage the protection and ongoing maintenance of the Special Heritage Zone. Avoid any significant adverse effects on the streetscape appearance of the area. viii. Avoid removal of any significant vegetation in the Special Heritage Zone. ix. Reflect the characteristic separation of original dwellings including their open aspect to the streetscape. x. Ensure that any car parking, servicing, lighting and sign requirements do not adversely affect the heritage character of the area or the relationship of a building with the streetscape. xi. Ensure that the front and side elevations (including roofs) of new buildings and structures are consistent with the design, fenestration, materials and finishes of neighbouring original dwellings b Within the Frankton Railway Village, buildings shall be single storey with a low-pitched gable roof. Volume 1 5 Special Character Zones Page 5-13

68 Explanation 5.2.4c The demolition or removal of a building shall be allowed only where it has been demonstrated to be the only practicable option d Non-residential activities shall not establish in any Special Heritage Zone unless potential adverse effects are less than minor. These policies identify the important elements that lend the Special Heritage Zone its uniqueness. A specific policy is identified for the Frankton Railway Village. Special Natural Zone Objective Create a distinctive residential environment that recognises, protects and where possible enhances ecological, natural, cultural, landscape and recreational values. Policies 5.2.5a Subdivision and development shall: i. Maximise visual and physical connections with Lake Waiwhakareke and the Waiwhakareke Natural Heritage Park, including long-distance views of the park from public spaces on the ridgelines. ii. iii. iv. Encourage planting schemes that complement the Natural Heritage Park in the Lake Waiwhakareke Landscape Character Area. Encourage safety and surveillance of public spaces, including the street, through: Ensuring the form and design of fencing sharing a boundary with public spaces does not obstruct visibility. Orienting buildings to overlook public spaces. Ensure that development contributes to the retention and enhancement of the ridgelines and upper hill slopes as legible features of the Rotokauri skyline. v. Maximise the public amenity value of existing ridgeline roads to provide viewing opportunities of the City and surrounding rural landscape. vi. Be consistent with the Rotokauri Structure Plan. Volume 1 5 Special Character Zones Page 5-14

69 Explanation vii. Be consistent with the Lake Waiwhakareke Landscape Character Area Design Guide. viii. Ensure that development avoids any adverse effects on the ecological values of Lake Waiwhakareke 5.2.5b Non-residential activities shall not establish in any Special Natural Zone unless potential adverse effects are less than minor. The Lake Waiwhakareke Landscape Character Area and Rotokauri Ridgeline Area are unique in that they are greenfield areas with special natural landscape characteristics. It is important the new development in these areas recognises the natural values and enhances them. These areas are also in close proximity to Lake Waiwhakareke a Significant Natural Area, development in the surrounding area needs to ensure that adverse effects on the ecological values of the Lake are avoided. Temple View Zone Objective To ensure that development within the Temple View Heritage Area maintains and enhances the special heritage characteristics of the area. Policies 5.2.6a The continued use of the Heritage Area as a focus for the Church of Jesus Christ of Latter-day Saints shall be provided for b Development within the Heritage Area shall be compatible in terms of scale, form and design with the existing heritage characteristics of the area c Fragmentation through subdivision shall be prevented d Development shall ensure that the siting and design of new buildings and structures are sensitive to the setting and significance of the Temple as a spiritual and physical landmark e The maintenance and repair of buildings, curtilage wall, landscapes, roads, tracks and car parking areas should have regard to the distinctive character of the precinct and the preeminence of the Temple building. Volume 1 5 Special Character Zones Page 5-15

70 Explanation 5.2.6f Additions and alterations to buildings and curtilage wall should be consistent with the character of the precinct and the pre-eminence of the Temple building g Demolition shall not adversely impact on the landscape significance of the Temple h Works that would adversely affect the strong relationship between the Temple, visitor centre and Temple president s house shall be avoided i Re-contouring or modification of the landscape shall recognise the high visibility and prominence of the precinct and provide for the management of effects on archaeological deposits or features j The landscape characteristics and qualities of the Heritage Area shall be retained, including open and structured spaces, in particular the formal front entry staircases, lawns, walls and planting boxes. The policies aim to enable the ongoing use of the Temple View Heritage Area by the Church or other organisations for a wide range of activities, subject to controls that ensure that the overall coherence and integrity of the area, the pre-eminence of the Temple itself and the key characteristic elements of the area are properly recognised and provided for. As a building in active use for religious purposes, it is recognised that proposals may be made for the erection of religious symbolism and effigies in the future, in addition to works needed to ensure compliance with building design standards and the functionality and appearance of the Temple. Objective To ensure development within the Temple View Character Area maintains and enhances its special character. Policies 5.2.7a Development shall maintain the character, appearance and relationship to Tuhikaramea Road and the Temple View Village b The design of new buildings and structures in terms of their height, materials, scale and form shall be in keeping with the scale and character of the area. Volume 1 5 Special Character Zones Page 5-16

71 Explanation 5.2.7c New buildings and structures within the teacher housing area shall be located to retain the existing set back from Tuhikaramea Road d New buildings and structures shall be located to retain generally consistent spatial character along the Tuhikaramea road corridor e New structures, such as fences and walls, within the setback of the teacher housing fronting Tuhikaramea Road shall be consistent with the original colour and materials used throughout the Character Area f The existing low brick walls in the front yard of houses fronting Tuhikaramea Road shall be retained or rebuilt as required g Additions, alterations and renovations of the teacher housing shall be implemented in a sensitive and sympathetic manner that retains the form and style of existing buildings and the appearance of the streetscape h Demolition, removal and alteration of buildings and structures that contribute significantly to the overall cohesion and character of the area shall be avoided i Works that may affect the treatment of open spaces and boundaries shall be managed j The heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage shall be used and developed in a manner that is consistent with their distinctive character. A significant characteristic of the corridor along Tuhikaramea Road is the subservient and simple architectural style of the early missionary houses, used latterly as teacher housing. These buildings are set within an open, campus-style landscape. The corridor forms an important gateway to the New Zealand Temple of the Church of Jesus Christ of Latter-day Saints and the adjoining former Church College Campus. The style of the houses along Tuhikaramea Road and separation distances between Volume 1 5 Special Character Zones Page 5-17

72 them is similar, giving consistency in form. The uniformity in scale and space is reinforced by the extensive use of the standardised cream-coloured brickwork throughout Temple View and the low cement brick wall, which encloses the front yards of the houses on both sides of Tuhikaramea Road. In providing for future use and development of the Church College campus and teacher housing area, it is important to recognise the significant contribution that these characteristics make to the diversity and appeal of the City s built environment. Although the school has closed, the Church College campus provides an opportunity to open a new chapter in the development of the local community and its environment. Peacocke Character Zone Objective To ensure urban development within the Peacocke Character Zone is sustainably integrated, and delivers high levels of residential amenity. Policies 5.2.8a Ensure through Master Planning that urban development is not compromised through inappropriate land use activities b Ensure the appropriate nature, scale and intensity of urban development is undertaken in an efficient and coordinated manner in order that integrated and efficient development occurs within and between the neighbourhoods and the City as a whole c Ensure that development is consistent with the Peacocke Structure Plan and any master plan prepared for the area d Ensure that development of non-residential activities are located in areas identified in the Peacocke Structure Plan for such activities. Explanation The Peacocke Character Zone has been established to provide for and guide future use and development of the land within the Peacocke area, according to a number of specific natural character elements. Council wishes to see the Peacocke area become a high quality urban environment that is based on best practice urban design principles and takes advantage of the key natural characteristics of the area. A master plan approach has been developed to achieve this by ensuring that infrastructure provisions and staging are integrated with development while enabling flexibility and innovation in design. Urban development within the Peacocke Character Zone is restricted until the necessary bulk trunk infrastructure and transport networks have been established to join Peacocke to the City s existing infrastructure network. Volume 1 5 Special Character Zones Page 5-18

73 5.3 Rules Activity Status Table Activity Status Special Residential, Special Heritage and Special Natural Zones Activity Special Residential Zone Special Heritage Zone Special Natural Zone Residential Activities and Structures Aaa) Any activity or development on the Site legal description Lot 2 DP without an approved CDP. See for CDP requirements - - NC a) Accessory buildings P P P b) Alterations and additions (excluding as provided for by (c) and (d) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage) c) Alterations and additions forward of the front building line to a pre dwelling on a front, corner or through site within the Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-1) d) Alterations and additions forward of the rear building line on a front, corner or through site to: i. Frankton original railway houses (refer to Volume 2, Appendix 4, Figure 4-4) ii. Hayes Paddock original state houses (refer to Volume 2, Appendix 4, Figure 4-2) iii. Hamilton East Villa Precinct villas (refer to Volume 2, Appendix 4, Figure 4-3) P P P RD D - e) Apartments NC NC D f) Ancillary residential unit P RD RD g) Ancillary residential structures P P P h) Detached dwelling: First detached dwelling per site P D P i) Detached dwelling: Second and subsequent detached dwellings per site RD D RD j) Duplex dwellings NC NC RD k) Managed care facilities for up to 9 residents P P P l) Managed care facilities (excluding emergency housing) for up to 10 residents D D D m) Emergency housing for up to 10 residents P P P n) Managed care facilities (including emergency housing) for 11 or more residents D D D Volume 1 5 Special Character Zones Page 5-19

74 Activity Special Residential Zone Special Heritage Zone Special Natural Zone o) Papakainga NC NC D p) Residential activities P P P q) Residential centre D NC D r) Rest home D NC D Commercial Activities and Structures s) Childcare facility for up to five children P P P t) Childcare facility for six or more children RD D RD u) Dairy D NC RD v) Tertiary education and specialised training facility D NC RD w) Health care service D NC D x) Home-based business P P P y) Homestay accommodation P P P z) Office, other than as a home-based business NC NC D aa) Places of assembly D NC D bb) Retail activity, other than as a home-based business NC NC NC cc) Show homes P D P dd) Visitor accommodation D NC D Community Activities and Structures ee) Community centre D NC RD ff) Marae NC NC D gg) Places of worship D NC D hh) School D NC D All Activities and Structures ii) Demolition or removal of existing buildings (excluding as provided for by (jj), (kk) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage) P P P Volume 1 5 Special Character Zones Page 5-20

75 Activity jj) Demolition or removal of existing dwellings on a front, corner or through site: Special Residential Zone Special Heritage Zone Special Natural Zone - NC - i. Frankton original railway houses (refer to Volume 2, Appendix 4, Figure 4-4) ii. Hayes Paddock original state houses (refer to Volume 2, Appendix 4, Figure 4-2) iii. Hamilton East Villa Precinct villas (refer to Volume 2, Appendix 4, Figure 4-3) kk) Demolition or removal of a pre-1940 dwelling on a front, corner or through site within the Dwelling Control Area (refer to Volume 2, Appendix 4, Figure 4-1) D - - ll) Relocated buildings P D P Note 1. Consultation with the Historic Places Trust. A notified resource consent application will be served on the Historic Places Trust by Council for any application which affects any historic area registered under the Historic Places Act The Frankton Railway Village is registered as a historic area. For a non-notified resource consent application, any development relating to a historic area registered under the Historic Places Trust Act 1993, consultation with the New Zealand Historic Places Trust is recommended before an application is submitted to Council and Council may then require that written approval be obtained from the Trust. For a fuller understanding of the notification requirements of the Act, reference should be made to the Act itself, in particular section Hamilton East Villas The provisions of the Special Heritage Zone apply to the villa properties marked in Volume 2, Appendix 8, Schedule 8A: Built Heritage. For those unmarked properties located within this area and for non-villas (in respect of dwellings) situated on the same site as a villa, the provisions of the Special Residential Zone shall apply Development of the Site, legal description Lot 2 DP Waiwhakareke Landscape Character Area Comprehensive Development Plan Process for Lot 2 DP a) Urban development within Lot 2 DP will be subject to the preparation and approval of a Comprehensive Development Plan. (Refer to Volume 2, Appendix for what is required in a Comprehensive Development Plan. b) Lot 2 DP is required to have a Comprehensive Development Plan prepared prior to urban development occurring. Development within a CDP area may proceed in stages if staging has been defined as part of the consent granted for the Comprehensive Development Plan. c) All development and activities requiring resource consent are subject to consented CDP requirements Volume 1 5 Special Character Zones Page 5-21

76 d) Development of any land in Lot 2 DP cannot be commenced unless it is in accordance with a consented CDP Rules Comprehensive Development Plan on Lot 2 DP Status of Activities a) A Comprehensive Development Plan requires an application for resource consent as a discretionary activity. b) The activity status of a CDP will be classified as Non-Complying if one or more activities that form part of the application are identified as Non-Complying activities in the Activity Status Table below ( ). c) In the absence of an approved CDP, all activities listed in the Activity Status Table below ( ) are Non-Complying activities unless they are identified as permitted activites. d) Activities within a CDP that fail to meet the one or more of the relevant standards in the Plan will be assessed as Discretionary activities with particular regard to the effects arising from the failure to meet the relevant standard or standards Rules Activities proposed after the approval of a Comprehensive Development Plan a) Once a CDP has been approved by Council, resource consent is required where identified in Activity Status Table under the column With an approved CDP in place. b) Changes to the conditions of a CDP consent will be considered as a discretionary activity under section 127 of the Act, except where the proposed changes involve materially different effects or extended scope of the original application. In these instances a new CDP is required. There are some changes that can occur as permitted activities without the need for a new CDP consent. This activities are subject to compliance with the relevant standards in Rules 5.4 and 5.5, and are as follows: i. Maintenance, repair and minor alterations to existing buildings ii. Informal recreation and ancillary buildings Volume 1 5 Special Character Zones Page 5-22

77 Activity Status Table for Comprehensive Development in Lot 2 DP Activity Residential Activities and Structures Without an approved CDP With an approved CDP in place a) Accessory buildings NC P b) Alterations and additions (excluding as provided for by (c) and (d) and heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage) P P e) Apartments f) Ancillary residential unit RD g) Ancillary residential structures P h) Detached dwelling: First detached dwelling per site P i) Detached dwelling: Second and subsequent detached dwellings per site j) Duplex dwellings NC RD k) Managed care facilities i. For up to 9 residents ii. For up to 10 residents (excluding emergency housing) iii. For 11 or more residents (including emergency housing) l) Emergency housing for up to 10 residents P n) Papakainga D o) Residential activities P p) Residential centre D q) Rest home D Commercial Activities and Structures r) Childcare facility i. For up to five children ii. For six or more children t) Dairy RD u) Tertiary education and specialised training facility NC RD v) Health care service D w) Home-based business P x) Homestay accommodation P y) Office, other than as a home-based business NC D RD P D D P RD Volume 1 5 Special Character Zones Page 5-23

78 Activity z) Places of assembly bb) Show homes cc) Visitor accommodation Community Activities and Structures dd) Community centre ee) Marae ff) Places of worship gg) School All Activities and Structures hh) Demolition or removal of existing buildings (excluding heritage buildings in Volume 2, Appendix 8, Schedule 8A: Built Heritage) Without an approved CDP NC NC P With an approved CDP in place D P D P ii) Relocated buildings NC P jj) Farming Activity P NC Activity Status Peacocke Character and Temple View Zones Master Plan Process within the Peacocke Character Zone a) Urban development in the Peacocke Character Zone will be subject to the preparation and approval of a Master Plan. (Refer to Volume 2, Appendix for what is required in a Master Plan.) b) The Peacocke Character Zone has been divided into a number of neighbourhood areas (Volume 2, Appendix 2, Figure 2-3), each of which is required to have a Master Plan prepared prior to urban development occurring. c) The Master Plan must be prepared for the whole neighbourhood according to Volume 2, Appendix The development of the master planned neighbourhood can proceed on a staged basis if staging has been defined as part of the consent granted for the Master Plan Comprehensive Development Plan Process within the Temple View Zone a) The Temple View Zone is divided into three Comprehensive Development Plan (CDP) areas (see Volume 2, Appendix 4, Figure 4-5). The establishment of the CDP areas are to ensure that any development within the Character Area maintains and enhances its special character and development within the Heritage Area maintains and enhances the heritage values of the area. Volume 1 5 Special Character Zones Page 5-24

79 b) Applications for a CDP must be for the whole CDP area as identified in Volume 2, Appendix 4, Figure 4-5, however development within the CDP area may proceed in stages. (Refer to Volume 2, Appendix for what is required in a CDP.) c) All development and activities are subject to consented CDP requirements. d) Apart from the exceptions set out below, development of any land in the Character Area and Heritage Area cannot be commenced unless it is in accordance with a consented CDP Master Plan and Comprehensive Development Plan Status of Activities a) The activity status of activities in the Peacocke Character and Temple View Zones may vary and has been separated into distinctive areas within the Activity Status Table (refer to Rule ): i. The first column identifies the activity status of activities in the absence of a Master Plan for the neighbourhood. ii. The second column identifies the activity status when activities are part of a Master Plan application process. iii. The third column applies to all activities where consent for a Master Plan has been granted and given effect to, or, in the case of a Master Plan with stages, if that stage has been given full effect to. b) The activity status of a Master Plan application within the Peacocke Character Zone or CDP application within the Temple View Zone will be deemed noncomplying if an activity that forms part of the application: i. Is identified as a non-complying activity in the related column of the Activity Status Table (refer to Rule ). c) Once a consent for a Master Plan has been granted and given effect to for a neighbourhood, any activity within that neighbourhood which is listed as a permitted activity in the third column under Peacocke Character Zone under the Activity Status Table (refer to Rule 5.4.1) is permitted, provided it: i. Is in accordance with an approved Master Plan for the neighbourhood; and ii. Any activity that is listed in the first column under Peacocke Character and Temple View Zones in the Activity Status Table as permitted activity are permitted irrespective of the existence of an approved Master Plan or Comprehensive Development Plan, subject to compliance with relevant standards in Rule 5.4. d) Activities identified as part of an approved Master Plan within the Peacocke Character Zone shall not be required to prepare an Integrated Transport Assessment as stated under Rule e) Activities identified as part of an approved Master Plan within the Peacocke Character Zone shall not be required to prepare an Integrated Catchment Management Plan as stated under Rule f) Retail activities identified as part of an approved master plan within the Peacocke Character Zone or as part of an approved CDP within the Temple View Zone are required to comply with the standards set out in Chapter 6: Business 1 to 7 Zones. Volume 1 5 Special Character Zones Page 5-25

80 Activity Status Peacocke Character and Temple View Zones Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted a) The preparation of or amendment to a Master Plan within the Peacocke Character Zone or a CDP within the Temple View Zone - D D Residential Activities and Structures b) Accessory buildings (except for within the Heritage Area of the Temple View Zone) c) Accessory building in the Heritage Area of the Temple View Zone NC RD RD RD RD D D P P RD NC D NC d) Apartments NC RD D RD D NC NC NC RD D e) Ancillary residential unit NC RD RD RD RD NC NC P RD D f) Ancillary residential structures NC RD RD RD RD NC NC P P P g) Detached dwelling: first detached dwelling per site h) Detached dwelling: second and subsequent detached dwellings per site NC RD RD RD RD NC NC P P D NC RD RD RD RD NC NC NC RD D i) Duplex dwellings NC RD D RD D NC NC NC RD D j) Managed care facilities for up to nine residents k) Managed care facilities (excluding emergency housing) for up to 10 residents l) Emergency housing for up to 10 residents m) Managed care facilities (including emergency housing) for 11 or more residents NC D D RD D NC NC NC P P NC D D RD D NC NC NC D D NC D D RD D NC NC NC P P NC D D RD D NC NC NC D D n) Papakainga NC NC NC NC NC NC NC NC D D o) Residential activities (except at ground floor level in the Neighbourhood Centre Precinct and in the Temple Precinct) NC RD RD RD RD RD RD P P P Volume 1 5 Special Character Zones Page 5-26

81 Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted p) Residential activities at ground floor level in the Neighbourhood Centre Precinct and in the Temple Precinct. NC D D - - NC NC q) Residential centre NC NC NC NC NC NC NC NC D D r) Rest home NC NC NC RD D NC NC NC RD D Commercial Activities and Structures s) Childcare facility for up to 5 children t) Childcare facility for 6 or more children NC RD RD RD RD NC NC NC P P NC D D RD RD NC NC NC D D u) Dairy NC RD RD RD RD NC NC NC RD D v) Tertiary education and specialised training facility NC RD RD RD RD NC NC NC D NC w) Health care service NC RD RD RD RD NC NC NC D D x) Home-based business P P P P P P P P P P y) Homestay accommodation P P P P P P P P P P z) Office, other than as a homebased business NC RD RD D D NC NC NC D D aa) Places of assembly NC D D RD RD D D NC D NC bb) Retail activity, other than as a home-based business NC RD RD NC NC NC NC NC D D cc) Show homes NC D D D D NC NC NC D D dd) Visitor accommodation (except in the Heritage Area of the Temple View Zone) ee) Visitor accommodation within the Heritage Area of the Temple View Zone NC D D D D RD RD NC D D NC NC NC Community Activities and Structures ff) Community centre NC D D RD RD NC NC NC D D Volume 1 5 Special Character Zones Page 5-27

82 Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted gg) Activities ancillary to any permitted activity, including health care services, library, offices, retail, workshops, depots, storage NC RD D RD D NC NC NC D NC hh) General Recreation NC D NC ii) Informal recreation and ancillary buildings P P P jj) Marae NC NC NC RD D NC NC NC D NC kk) Places of worship NC NC NC RD RD D NC NC RD D ll) School NC NC NC RD D NC NC NC D NC All Activities and Structures mm) Alterations and additions to any building except: i. Visitor centre ii. Teacher housing fronting Tuhikaramea Road iii. Walling separating covered walkways from Tuhikaramea Road iv. Formal Temple entrance area elements including steps, planting boxes, retaining walls between the visitor centre, Temple Landing and Temple (refer to Volume 2, Appendix 4, Figure 4-6) v. Heritage buildings and structures in Volume 2, Appendix 8, Schedule 8A: Built Heritage P P P P P P P P P P nn) oo) pp) Alteration, demolition or removal of the boundary wall to Tuhikaramea Road Alterations and additions to the visitor centre Alterations and additions to the exterior of the teacher housing NC - - RD D NC RD D NC - - RD RD Volume 1 5 Special Character Zones Page 5-28

83 Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted qq) rr) ss) Alterations and additions to the exterior of walling separating the walkways from Tuhikaramea Road Alterations and additions to the formal Temple entrance area elements including steps, planting boxes, retaining walls between the visitor centre, Temple Landing and Temple (refer to Volume 2, Appendix 4, Figure 4-6) Construction of additional private transport corridors or carpark areas NC RD D NC RD D NC RD RD RD RD RD RD tt) Construction of new buildings NC RD RD RD RD RD RD uu) vv) Contouring and modification of the landform Demolition or removal of existing buildings (excluding as provided for by (xx), (yy)) and heritage buildings scheduled in Schedule 8A, Appendix 8: Historic Heritage) NC RD RD RD RD RD RD NC RD RD RD RD RD RD P P P ww) Demolition or removal of any building except: i. Accessory buildings ii. Visitor centre iii. Temple president s house NC RD RD RD RD RD RD xx) yy) zz) Demolition or removal of an accessory building Demolition or removal of the visitor centre or Temple president s house Erecting, constructing, planting or extending a sign visible from a public place P P P P P P P P P P NC D D NC RD RD RD RD NC NC Volume 1 5 Special Character Zones Page 5-29

84 Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted ab) ac) ad) Erection of any boundary structure along Tuhikaramea Road External illumination of buildings and grounds Individual vehicular crossings to the teacher housing directly from Tuhikaramea Road NC RD RD RD RD RD RD P P P P P P P NC - - NC NC ae) Interior alterations P P P P P P P P P P af) ag) ah) Maintenance and repair to existing buildings and structures Maintenance and repair to any private road or carpark area Minor work on any: i. Building ii. Curtilage wall iii. Temple entrance elements P P P P P P P P P P P P P P P P P P P P P P P P ai) Production stalls P NC NC aj) Relocated buildings D RD D RD D NC NC P P P ak) Rural Production P NC NC al) Rural industry D NC NC am) Intensive farming NC NC NC an) Siting of any building or structure between Tuhikaramea Road and the privacy walling enclosing the covered walkways NC D NC Volume 1 5 Special Character Zones Page 5-30

85 Temple View Zone Peacocke Character Zone Activity In the absence of a CDP Mixed Use CDP Part of a approved CDP Changes in use once CDP has been implemented Community Facilities CDP Part of a approved CDP Changes in use once CDP has been implemented Part of a approved CDP Temple CDP Changes in use once CDP has been implemented In the absence of a Master Plan With a approved Master Plan Changes in use once master plan is granted ao) ap) aq) Tree planting and removal except for: ii. Tree planting in Temple view shafts area ii. Tree removal in the Temple entrance area (Refer to Volume 2, Appendix 4, Figure 4-5) iii. Removal of a significant tree in Volume 2, Appendix 9, Schedule 9D: Significant Trees Tree planting in Temple View shafts area (Refer to Volume 2, Appendix 4, Figure 4-6) Tree removal in the Temple entrance area (except for a significant tree in Volume 2, Appendix 9, Schedule 9D: Significant Trees) P P P P P P P NC RD RD NC RD RD ar) Walkways and cycleways RD RD D Note 1. Only activities that are located in the Heritage Area of the Temple View Zone, as shown on Planning Map 60B, have immediate legal effect. Volume 1 5 Special Character Zones Page 5-31

86 5.4 Rules General Standards Density a) The minimum area of land (net site area) required in respect of each residential unit (or resident in the case of managed care facilities and rest homes) shall be: Table 5.4.1a: Density Special Residential, Special Heritage, Special Natural and Temple View Zones Activity Special Residential Zone Special Heritage Zone Special Natural Zone Lake Waiwhakareke Landscape Character Area Ridgeline Character Area Temple View Zone Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area For Peacocke Character Area see Table 5.4.1b. a) Detached dwellings - front, corner and through site (including relocated dwellings) (per unit) b) Detached dwellings rear site (including relocated dwellings) (per unit) 600m 2 600m 2 350m 2 800m 2 350m 2 within the Residential Development Precinct All other precincts 500m² 400m 2 600m 2 350m 2 800m 2 350m 2 within the Residential Development Precinct All other precincts 500m² 600m 2-600m 2 - c) Duplex dwellings (per residential unit) m² (400m 2 per Duplex) - 200m² (400m2 per Duplex) - - d) Detached dwellings with an ancillary residential unit (*total area for both dwelling and ancillary residential unit) e) Managed care facilities (minimum per resident) f) Rest homes (minimum per resident) *700m 2 *700m 2 *435m 2 *800m 2 *700m 2 *700m 2-100m 2 100m 2 100m 2 100m 2 100m 2 100m 2-75m 2 75m 2 75m 2 75m 2 75m 2 75m 2 - Volume 1 5 Special Character Zones Page 5-32

87 Table 5.4.1b: Density Peacocke Character Area Peacocke Character Area Activity Terrace Area Hill Area (Slope less than 5 Degrees) Hill Area (Slope greater than 5 Degrees) Gully Area For Special Residential Zone, Special Heritage Zone, Special Natural Zones and Temple View Zone see Table 5.4.1a. a) Detached dwellings front, corner and through site (including relocated dwellings) (per unit) b) Detached dwellings rear site (including relocated dwellings) (per unit) c) Duplex dwellings (per residential unit) 400m 2 400m 2 800m 2 800m 2 400m 2 400m 2 800m 2 800m 2 200m² (400m 2 per Duplex) 200m 2 (400m 2 per Duplex) - - d) Detached dwellings with an ancillary residential unit (*total area for both dwelling and ancillary residential unit) *435m 2 (net site area) *600m 2 per unit *800m 2 per unit *800m 2 per unit e) Managed care facilities (minimum per resident) f) Rest homes (minimum per resident) 100m 2 100m 2 100m 2 100m 2 75m 2 75m 2 75m 2 75m 2 Volume 1 5 Special Character Zones Page 5-33

88 5.4.2 Site Coverage Special Natural Zone Temple View Zone Peacocke Character Area Special Residential Zone Special Heritage Zone Lake Waiwhakareke Landscape Character Area Ridgeline Character Area Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area 1 In the absence of an approved Master Plan Terrace Area Hill Area (Slope less than 5 degrees) Hill Area (Slope greater than 5 degrees) Gully Area a) Front Sites (maximum % unless otherwise stated) Net site area is greater than 5000m² - 8% up to a maximum of 1200m² GFA 40 Apartments and Duplex units Net Site area is 5000m² or less 25% up to a maximum of 500m² GFA b) Rear Sites (maximum % unless otherwise stated) Net site area is greater than 5000m² - 8% up to a maximum of 1200m² GFA 40 Apartments and Duplex units Net Site area is 5000m² or less 25% up to a maximum of 500m² GFA 1 Standard 5.4.2(a) and (b) only has immediate legal effect for activities located in the Heritage Area of the Temple View Zone, as shown on Planning Map 60B. Volume 1 5 Special Character Zones Page 5-34

89 5.4.3 Permeable Surface and Planting Special Natural Zone Temple view Zone Peacocke Character Zone Special Residential Zone Special Heritage Zone Lake Waiwhakareke Landscape Character Area Ridgeline Character Area Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area 1 Terrace Area Hill Area (Slope less than 5 Degrees) Hill Area (Slope Greater than 5 Degrees) Gully Area a) Permeability across the entire site (including area required by Rule 5.4.3(b) below) (minimum % unless otherwise stated) b) Front sites, corner sites, through sites only: Permeability forward of the front building line of the dwelling planted in grass, shrubs and trees (see Figure 5.4.3a and Figure 5.4.3b) (minimum % unless otherwise stated) Standard (a) and (b) only has immediate legal effect for activities located in the Heritage Area of the Temple View Zone, as shown on Planning Map 60B. c) The planted area required in Figure 5.4.3b shall: i. Be planted in the first planting season following completion of the building. ii. Be of a permeable nature with planting consisting of a combination of groundcover, shrubs and trees. iii. Provide vegetative coverage of the specified area within two years from the time of planting. iv. Ensure visibility between the dwelling and any adjoining areas of public space. Volume 1 5 Special Character Zones Page 5-35

90 Figure 5.4.3a: Front, corner and through sites forward of front building line Figure 5.4.3b: Planting requirement forward of the front building line Volume 1 5 Special Character Zones Page 5-36

91 5.4.4 Building Height Table 5.4.4a: Building height Special Residential, Special Heritage and Special Natural Zones Special Heritage Zone Special Natural Zone Special Residential Zone Frankton Railway Village Hayes Paddock Hamilton East Villa Lake Waiwhakareke Landscape Character Area Ridgeline Character Area For the Temple View Zone and Peacocke Character Zone see Table 5.4.4b. a) Front, corner and through site (maximum height unless otherwise stated) b) Rear site (maximum height unless otherwise stated) 7m 5m 6m 7m 10m 8m 8m 5m 6m 7m 10m 8m c) Storeys - Maximum One - - Maximum Two Where a site boundary (excluding accessways) adjoins the Natural Heritage Park or is separated only by a road reserve - Volume 1 5 Special Character Zones Page 5-37

92 Table 5.4.4b: Building height Temple View and Peacocke Character Zones Temple View Zone Peacocke Character Zone Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area 1 In the absence of an approved Master Plan Terrace Area Hill Area (Slope less than 5 degrees) Hill Area (Slope greater than 5 degrees) Gully Area For Special Residential Zone, Special Heritage Zones and Special Natural Zones see Table 5.4.4b. a) Front, corner and through site (maximum height unless otherwise stated) 12m Buildings within the Stake Centre Precinct along Tuhikaramea Road: 10m All other Buildings within the teacher housing area along the frontage with Tuhikaramea Road: Maximum height 6m All other Situations: 15m No part of any new or extended building or structure within the Temple Precinct shall be higher than the floor level of the Temple All other situations: 15m 10m 12m 10m 10m 10m b) Rear site (maximum height unless otherwise stated) 12.5m As above As above 10m 12.5m 10m 10m 10m c) Storeys - Single storey within the teacher housing area along the frontage with Tuhikaramea Road Standard 5.4.4(a) and (b) only has immediate legal effect for activities located in the Heritage Area of the Temple View Zone, as shown on Planning Map 60B Height in Relation to Boundary a) No part of any building shall protrude through a plane rising at an angle of 28 degrees between northwest (315 degrees) and northeast (45 degrees), and rising at an angle of 45 degrees in all other directions. This angle is measured from 3m above ground level at all boundaries. Except that: i. Where buildings are attached, no setback is required between those buildings. ii. Where there are two or more dwellings on the same site, the plane shall be measured at a line midway between the two dwellings rising at an angle of 45 degrees and with this angle measured from 3m above ground level at the midway line. iii. Where a boundary adjoins a transport corridor or access, the 45 degree angle applies to that boundary, measured 3m above the boundary. Volume 1 5 Special Character Zones Page 5-38

93 5.4.6 Building Setbacks iv. Where the buildings are part of an approved Master Plan within the Peacocke Character Zone. Table 5.4.6a: Building setbacks Special Residential, Special Heritage and Special Natural Zones Special Residential Zone Special Heritage Zone Special Natural Zone Lake Waiwhakareke Landscape Character Area Ridgeline Character Area For Temple View Zone and Peacocke Character Zone see Table 5.4.6b. a) From a boundary with - any collector or local transport corridor (minimum setback unless otherwise stated) All buildings shall be set back from the boundary the greater of: i) 5m, or ii) The average of the front setback of buildings on adjoining sites (except rear sites), provided that: 3m 5m Where an adjoining site is vacant the setback shall be taken as being 5m For corner sites the setback of the adjoining site shall be taken as the average b) From a boundary with any arterial transport corridor (minimum setback unless otherwise stated) As per (a) 5m 5m c) Where a garage or carport faces a transport corridor it shall be set back a minimum of 8m. d) Front, corner and through site - side and rear boundaries (minimum setback) One side boundary 3m Other side boundary and rear boundary 1.5m 1.5m 1.5m 3m e) Rear site - all boundaries (minimum setback) 1.5m 1.5m 1.5m 3m Note 1. Standard 5.4.6(a), (b) and (c) only has immediate legal effect for activities located in the Special Heritage Zone. Volume 1 5 Special Character Zones Page 5-39

94 Table 5.4.6b: Building setbacks Temple View and Peacocke Character Zones Temple View Zone Peacocke Character Zone Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area 1 In the absence of an approved Master Plan Terrace, Hill and Gully Character Areas For the Special Residential Zone, Special Heritage Zone and Special Natural Zones see Table 5.4.6a. a) From a boundary with - any collector or local transport corridor (minimum setback unless otherwise stated) 3m 3m 5m 5m 3m b) From a boundary with any arterial transport corridor (minimum setback unless otherwise stated) Setbacks are to retain the distance set by the existing curtilage wall between the walkway and Tuhikaramea Road Minimum 5m in all other situations. Setbacks within the teacher housing area are to retain original setback distances set by the First Teacher House along Tuhikaramea Road Minimum 5m in all other situations Temple Precinct: No Building to be located closer to Tuhikaramea Road than the existing setback distance to the Temple Minimum 5m in all other situations 5m 5m c) Where a garage or carport faces a transport corridor it shall be set back a minimum of 8m. d) Front, corner and through site - side and rear boundaries (minimum setback) e) Rear site - all boundaries (minimum setback) Neighbourhood Centre Precinct: 0m Residential Development precinct: 1.5m Neighbourhood Centre Precinct: 0m Residential Development precinct: 1.5m 3m 3m - 1.5m 3m 3m - 1.5m Volume 1 5 Special Character Zones Page 5-40

95 Temple View Zone Peacocke Character Zone Mixed Use CDP Area Community Facilities CDP Area Temple CDP Area 1 In the absence of an approved Master Plan Terrace, Hill and Gully Character Areas f) Any other boundary (for buildings and outdoor hardstands used for housing and feeding of animals, including milking sheds and shearing sheds) (minimum setback) g) Residential unit setback from an existing intensive farm (minimum setback) h) Any other boundary not otherwise identified above (minimum setback) m m m - 1 Standard 5.4.6(a) to (e) only has immediate legal effect for activities located in the Heritage Area of the Temple View Zone, as shown on Planning Map 60B Interface Between Public and Private a) These standards only apply to front, corner and through sites only. b) The front wall of all accessory buildings, including carports and garages, that are detached or an integral part of the design and construction of a dwelling, shall not be set forward of the front building line established by the dwelling. c) The front wall of all ancillary residential units shall be located 1.5m behind the front building line established by the dwelling. d) Front yard landscaping and planting shall allow visibility between the dwelling and transport corridor. e) For front sites, the primary entrance on the ground floor shall face the transport corridor. f) At least one habitable room shall have a clear glazed window facing the transport corridor. For corner sites, this shall be required only on the transport corridor frontage from which vehicular access is provided. Volume 1 5 Special Character Zones Page 5-41

96 Figure 5.4.7g: Setback for accessory buildings an example of an accessory building that is an integral part of design Figure 5.4.7h: Setback for accessory buildings example of a detached accessory building Fences and Walls a) Boundary fences and walls shall have a maximum height of 1.8m, except as provided below. b) Front and side boundary fences or walls located forward of the front building line of the dwelling shall have a maximum height of 1.2m. c) Fences and walls on boundaries adjoining any Open Space Zone shall have the following design requirements: Volume 1 5 Special Character Zones Page 5-42

97 Maximum height i. Designed and constructed for less than 50% see-through visibility (e.g. close paling, masonry, or other opaque material) 1.2m ii. Materials with 50% or more see-through visibility 1.8m Note 1. Refer to Figure 5.4.8d for examples of acceptable fencing solutions. 2. Glass, metal bars or louvres are acceptable fence designs to achieve minimum 50% seethrough visibility. Figure 5.4.8d: Examples of acceptable fencing solutions Residential Buildings Separation and Privacy a) Residential buildings shall be set back at least 3m from the nearest part of any other residential building, except: i. No separation is required between buildings that are attached. ii. Where windows are located and designed (including by glazing) to avoid views between rooms in different buildings, separation distance is a minimum of 1.5m. b) A balcony or window of a habitable room at upper-floor level shall be set back at least 5m from boundaries. This does not apply to a boundary along a transport Volume 1 5 Special Character Zones Page 5-43

98 corridor, access way, right-of-way, private way, access lot, or entrance strip less than 6m wide. Figure 5.4.9a: Upper-floor setbacks for separation and privacy c) Temple View Character Area. Within the teacher housing area there shall be a minimum 7m separation distance between detached dwellings Buildings and Activities within the Temple View Character Area and Temple View Heritage Area Description Character Area Requirements Heritage Area a) Curtilage wall along Tuhikaramea Road Shall be reinstated to reflect the height, colour, design quality and spatial relationship with the built form of the former teacher housing Shall be reinstated to reflect the height, colour and design quality of the curtilage wall Volume 1 5 Special Character Zones Page 5-44

99 Description Character Area Requirements Heritage Area b) Berm and privacy walling separating the covered walkways from Tuhikaramea Road c) Colour: Applies to new buildings or alterations of existing buildings d) Repairs and maintenance to buildings or structures Shall maintain the general spatial relationship and ratio of elements between the road edge and the privacy walling. This is visually open berm containing manicured lawn, ornamental planting, and specimen trees, with a distinct delineation of built form. Buildings shall reflect the broader architectural characteristics such as colour, form, materials and finishes and deliver on the principles of good urban design Shall be in general accordance with the colour scheme throughout the Character Area and adjoining Heritage Area Shall be in accordance with the broader architectural characteristics such as colour, form, materials and finishes Shall be in general accordance with the colour scheme identified throughout the Character Area and adjoining Heritage Area Shall be in accordance the broader architectural characteristics such as colour, form, materials and finishes e) Maintenance, repair and replacement of former teacher accommodation along Tuhikaramea Road Shall reflect the general spatial characteristics, scale and modulation of the existing teacher accommodation as viewed from Tuhikaramea Road, with particular regard to the offset from the front boundary, architectural response to Tuhikaramea Road and curtilage treatment Buildings shall include the broader architectural characteristics such as colour, form, materials and finishes and deliver on the principles of good urban design Volume 1 5 Special Character Zones Page 5-45

100 Description Character Area Requirements Heritage Area f) New building and development g) Repairs, maintenance and replacement of private roads and car parking areas Buildings shall include the broader architectural characteristics such as colour, form, materials and finishes to maintain a coherent character to the overall site and deliver on the principles of good urban design Shall be maintained or developed to reflect the sealed surface and kerbed edge consistent with the roads and parking areas while allowing for alternative treatment consistent with the overall character of the area where warranted for good urban design or functional requirements Shall maintain the overall open spatial characteristics of the area, as viewed from Tuhikaramea Road with particular regard to the immediate surrounding landscape and the primacy of the Temple within the area Buildings shall include the broader architectural characteristics such as colour, form, materials and finishes to maintain a coherent character to the overall site and deliver on the principles of good urban design Shall be maintained or developed to reflect the sealed surface and kerbed edge consistent with the roads and parking areas while allowing for alternative treatment consistent with the overall character of the area where warranted for good urban design or functional requirements Outdoor Living Area a) These standards do not apply to managed care facilities or rest homes. b) Each residential unit shall be provided with an outdoor living area that is: i. For the exclusive use of each residential unit. ii. Readily accessible from a living area inside the residential unit. iii. Free of driveways, manoeuvring areas, parking spaces, accessory buildings and service areas. iv. Located on a side of the residential unit which faces north of east or west (refer Figure e below). c) Outdoor living areas for residential units shall have areas and dimensions as follows: Volume 1 5 Special Character Zones Page 5-46

101 Residential units Outdoor living area per residential unit Shape i. Including detached residential dwellings and duplex dwellings 60m² Capable of containing a 6m diameter circle No dimension less than 2.5m ii. Ancillary residential units 12m 2 No dimension less than 2.5m d) The outdoor living area for an ancillary residential unit shall be separate from the outdoor living area provided for the principal residential unit. Figure e: Outdoor living area north of east or west Service Areas a) These standards do not apply to managed care facilities or rest homes. Description b) Every site, including first residential unit, but excluding (d) to (f) c) Service area for second and subsequent residential units, including duplex dwellings Minimum requirements i. At least 20m 2 ii. Minimum dimension 3m i. Additional 20m 2 for second and each subsequent unit ii. Minimum dimension 3m d) Service area per ancillary residential unit i. Additional 10m² ii. Minimum dimension 2.5m e) Apartments i. 10m 2 ii. Minimum dimension 2.5m f) Community centres, visitor accommodation, conference facilities i. 10m² ii. Minimum dimension 2.5m Volume 1 5 Special Character Zones Page 5-47

102 g) Dairies (may be indoor or outdoor) i. Minimum 10m² ii. Minimum dimension 2.5m iii. Readily accessible to service vehicles iv. Indoor service area separately partitioned v. Outdoor service area shall have an all-weather, dustfree surface h) All service areas i. Readily accessible from each residential unit ii. Not visible from a public place Provisions in Other Chapters The provisions of the following chapters apply to activities within this chapter where relevant. Chapter 3: Structure Plans Chapter 19: Historic Heritage Chapter 20: Natural Environments Chapter 21: Waikato River Corridor and Gullies Chapter 22: Natural Hazards Chapter 23: Subdivision Chapter 24: Financial Contributions Chapter 25: City-wide 5.5 Rules Specific Standards Ancillary Residential Unit a) A maximum of one ancillary residential unit per site. b) A maximum gross floor area of 60m². c) The outdoor living area shall not be included as part of the outdoor living area provided for the principal residential building on site Childcare Facility a) The activity shall not be part of a multiple household unit development. b) The activity shall be located on a front, corner or through site. c) The maximum gross floor area of all buildings shall be 250m Community Centres, Tertiary and Specialised Training Facilities, Schools and Places of Worship a) Gross floor area of all buildings Maximum 250m 2 b) Hours of operation 0700 to 2200 hours c) Additional hours for special events (maximum 1 per year) 0000 to 0200 hours Volume 1 5 Special Character Zones Page 5-48

103 5.5.4 Dairies d) No exterior indication of the activity, including the display or storage of materials, shall be visible from outside the site, except for permitted signs a) Gross floor area of retail Maximum 100m 2 b) Hours of operation 0700 to 2200 hours c) Building setback from side or rear boundaries Minimum 5m Home-based Businesses a) For the avoidance of doubt, if an activity does not comply with all of the standards specified, it is not a home-based business. Home-based businesses shall: i. Employ only people residing on the site. ii. iii. iv. Not exceed 30% of the total gross floor area of buildings on the site. Not generate any trips by a heavy motor vehicle. Not generate vehicle trips or pedestrian traffic between 2000 to 0800 hours. v. Not display any indication of the activity from outside the site including the display or storage of materials, except for permitted signs. vi. Retail only those goods which have been manufactured, repaired, renovated or otherwise produced on the site. vii. Not create electrical interference with television and radio sets or other types of receivers in adjacent residential units. viii. Not generate nuisances, including smoke, noise, dust, vibration, glare, and other noxious or dangerous effects these shall be measured at the boundaries of the site. ix Managed Care Facilities Have only one sign with a maximum area of 0.6m², a maximum dimension of 1m and having no part higher than 2.0m above the adjacent ground level. The sign must be attached to either a fence, wall or building. a) Within one calendar month of its occupancy, the Agency or person(s) responsible for the Managed Care Facility shall provide the residents of the properties adjoining the site and Council s Planning Department a written information pack. The information pack shall include an overview of the Agency and the range of services provided (if relevant), and the type of care and programs to be provided within the Managed Care Facility and shall include the following. i. Proposed number of residents. ii. The anticipated number of visitors to the site per week and daily visiting hours. iii. Anticipated full-time equivalent staff at the facility. iv. Regular and emergency contact details to enable prompt and effective contact if necessary. Volume 1 5 Special Character Zones Page 5-49

104 v. The policies for the management of possible emergency situations including the management of neighbour relations in an emergency situation. b) An outdoor living area shall be provided which is: i. For the exclusive use of the residents. ii. Readily accessible for all residents. iii. Free of driveways, manoeuvring areas, parking spaces, accessory buildings and service areas. iv. Comprises no more than 35% impermeable surface area. v. Provided with a screen, wall or fence along that part of any site boundary adjoining the outdoor living area in order to screen the area from abutting properties. c) The outdoor living area shall be provided communally which shall comprise: i. At least 15m² per resident. ii. A minimum dimension of not less than 4m. iii. An area capable of containing a 6m diameter circle. iv. At least 60% at ground level, and any outdoor living space that is not at ground level is provided on upper floor decks wider than 1m. d) A service area shall be provided that has: i. A minimum area of 20m²; with a minimum dimension of 3m. ii. In cases where a fully equipped laundry (washing and drying machines) is provided, then the service area can be reduced to a minimum of 16m² with a minimum dimension of 2m. e) Staff providing supervision for managed care facilities accommodating 8 or more residents shall be present on site at all times that residents are in occupation. f) No part of any site to be used as a managed care facility shall be located within a 150m radius of an existing managed care facility for which a resource consent was required for its establishment or operation, unless the facilities are separated by the Waikato River, an arterial transport corridor, railway lines, or a gully system identified by the Waikato Riverbank and Gully Hazard Area within the Planning Maps. g) No part of any site or premises used as a managed care facility shall contain a secure unit Relocated Buildings a) Any relocated building intended for use as a dwelling (excluding previously used accessory buildings) must have been previously designed, built and used as a dwelling. b) A building inspection report shall accompany the application for a building consent. That report is to identify all reinstatement works that are to be completed to the exterior of the building. Volume 1 5 Special Character Zones Page 5-50

105 c) All reinstatement work required by the building inspection report and the building consent to reinstate the exterior of any relocated dwelling shall be completed within six months of the building being delivered to the site. Reinstatement work is to include connections to all infrastructure services and closing in and ventilation of the foundations. d) The proposed owner of the relocated building must certify that the reinstatement work will be completed within the six month period Show Homes a) These shall be: Rest Homes i. Staffed by a maximum number of two staff at any time. ii. Located on a front or corner site. iii. Have a maximum activity duration of two years from the time of first occupation. a) Maximum occupancy shall be 10 residents (including live-in staff), excluding rest homes within the Rest Home Precinct of the Community Facilities Comprehensive Development Plan area in Volume 2, Appendix 4, Figure 4-5. b) The maximum density for rest homes shall be: i. One person per 75m² of net site area in the Special Residential and Special Natural zone; or ii. One person per 50m² of net site area in the Special Heritage zone, Peacocke Character Zone and Temple View Zone. c) An outdoor living area shall be provided that: i. Is for the exclusive use of the residents. ii. Is readily accessible for all residents. iii. Is free of driveways, manoeuvring areas, parking spaces, accessory buildings and service areas. iv. Has a maximum area of impermeable surfaces not exceeding 60% of the outdoor living area. d) Each rest home shall be provided with a communal open space with a minimum area and dimensions as follows: i. 12m 2 per resident. ii. A minimum dimension of not less than 4m. iii. Capable of containing a 6m-diameter circle. iv. At least 60% provided at ground level, and any outdoor living space that is not at ground level is provided on upper floor decks wider than 1m. e) A service area shall be provided with areas and dimensions as follows: i. Minimum area of 20m². Volume 1 5 Special Character Zones Page 5-51

106 ii. Minimum dimension of 3m. iii. Provided that where a fully equipped laundry (both washing and drying machines) is provided in the rest home, then the service area can be reduced to a minimum of 16m² with a minimum dimension of 2m Visitor Accommodation a) Maximum occupancy for visitor accommodation shall be 12 guests. b) Visitor accommodation shall not provide for the sale of liquor through an ancillary facility such as a bar or a restaurant Retail activities within the Peacocke Character Zone and Temple View Zone a) Retail activities within the Peacocke Character Zone need to be in general accordance with the Peacocke Structure Plan. b) Retail activities within the Peacocke Character Zone or Temple View Zone that are part of an approved Master Plan or Comprehensive Development Plan shall be required to comply with the associated rules in Chapter 6: Business Zones 1 to 7 once a Master Plan or a Comprehensive Development Plan has been implemented. 5.6 Restricted Discretionary Activities: Matters of Discretion and Assessment Criteria a) In determining any application for resource consent for a restricted discretionary activity, Council shall have regard to the matters referenced below, to which Council has restricted the exercise of its discretion. Activity Specific i. Accessory building (Temple View)* Matter of Discretion and Assessment Criteria Reference Number (Refer to Volume 2, Appendix 1.2) A2, A3, A4, B1, I4-I6, I8, I11 ii. Alterations and additions forward of the front building line to a pre dwelling on a front, corner or through site within the Dwelling Control area A2, A3, A4, B1, I1, I2, I3 iii. Ancillary residential unit* A2, A3, A4, B1, B4, C1, C7, I24, R2, V3 iv. Second and subsequent dwellings per site, and duplex dwellings* A2, A3, A4, B1, B4, C1, C7, I24, R2-R3, V3 v. Childcare facility for 6 or more children A2, A3, A4, B1, B4, C2, C4, C6, C7,G1, G3-G5, I24, R2, S1, V2, V3 Volume 1 5 Special Character Zones Page 5-52

107 vi. Community centre A2, A3, A4, B1, B4, C2, C4, C6, C7, G1, G3-G5, I24, N1, R2, S1, V2-V3 vii. Dairy A2, A3, A4, B1, B4, C1, C4-C5, C6, G1, G3-G5, K2, L1, I24, V2 viii. Tertiary education and specialised training facility A2, A3, A4, B2, B4, C1-C2, C4, C6-, C7, G1, G3-G5, I24, N1, R2, S1, V2-V3 ix. Activities and structures within the Temple View Zone Heritage Area* A2, A3, A4, B1, I1, I2, I3, I4, I5, I6, I7, I8, I11, I15 x. Activities and structures within the Temple view Zone Character Area* A2, A3, A4, B1, C1, C4, I1, I7-I15 xi. Apartments* A2, A3, A4, B1, C1, I24, R2-R3, S1, V3 xii. Rest home* A2, A3, A4, B1, B3, C1-C2, C4-C6, I24, R2, S1, V2-V3 xiii. Walkways and cycleways* A2, A3, A4, E2, I24 xiv. Detached dwelling: First detached dwelling per site* A2, A3, A4, B1, I24 Standard Specific Matter of Discretion and Assessment Criteria Reference Number (Refer to Volume 2, Appendix 1.2) xv. xvi. Any activity not complying with relevant density standards in Rule Any activity not complying with relevant site coverage standard in Rule A1, A2, A3, B1, C10, I24 A1, A2, A3, B1, C18, C19, I24 xvii. Any activity not complying with relevant permeable surface and planting standard in Rule xviii. Any activity not complying with relevant building height standards in Rule A1, A2, A3, B1, C20, I24 A1, A2, A3, B1, C21, I24 xix. xx. Any activity not complying with relevant height in relation to boundary standards in Rule Any activity not complying with relevant building setback standards in rule A1, A2, A3, B1, C2, C6, I24 A1, A2, A3, B1, C4, C6, I24, J1 Volume 1 5 Special Character Zones Page 5-53

108 xxi. Any activity not complying with relevant interface between public and private standards in rule A1, A2, A3, B1, C5, E1, E2, E3, I24 xxii. Any activity not complying with relevant fences and walls standards in rule xxiii. Any activity not complying with relevant separation and privacy standards in Rule xxiv. Any activity not complying with relevant buildings and activities within the Temple View Character Area and Temple View Heritage Area standards in Rule xxv. Any activity not complying with relevant outdoor living area standards in Rule xxvi. Any activity not complying with relevant service area standards in Rule xxvii. Any activity not complying with relevant ancillary residential unit standards in Rule xxviii. Any activity not complying with relevant childcare facility standards in Rule xxix. Any activity not complying with relevant community centres, tertiary and specialised training facilities, schools and places of worship standards in Rule xxx. Any activity not complying with relevant dairy standards in Rule xxxi. Any activity not complying with relevant home-based business standards in Rule xxxii. Any activity not complying with relevant managed care facility standards in Rule xxxiii. Any activity not complying with relevant relocated buildings standards in Rule A1, A2, A3, B1, G4, I24 A1, A2, A3, B1, C6, I24 A1, A2, A3, B1, I4, I5, I6, I7, I8, I11, I15, I24 A1, A2, A3, B1, C1, C7, I24 A1, A2, A3, B1, C13-C17, I24 A1, A2, A3, B1, C11, I24 A1, A2, A3, B1,C2, C7, C6, I24 A1, A2, A3, B1, C5, C6, C7, I24 A1, A2, A3, B1, C5, C6, C7, K1, K2, I24 A1, A2, A3, B1, C5, C6, D5, F2, I24, P2 A1, A2, A3, B1, C1, C6, C7, C10, C18, C19, I24, P2 A1, A2, A3, B1, I24, L1 Volume 1 5 Special Character Zones Page 5-54

109 xxxiv. Any activity not complying with relevant show home standards in Rule xxxv. Any activity not complying with relevant rest home standards in Rule xxxvi. Any activity not complying with relevant visitor accommodation standards in Rule xxxvii.any activity not complying with relevant retail activities within the Peacocke Character Zone and Temple View Zone standards in rule A1, A2, A3, B1, C6, I24, P2 A1, A2, A3, B1, C1, C6, C7, C10, C18, C19, I24, P2 A1, A2, A3, B1, C6, I24 P2 A1, A2, A3, B1, C6, I24, F3 5.7 Notification Rule a) Except as provided for by Section 95A(2)(b) and (c), 95B(2) and (3) and 95C(1) to (4) of the Act applications for any Restricted Discretionary Activity identified with an asterisk (*) in the table above will be considered without notification or the need to obtain approval from affected persons. 5.8 Other Resource Consent Information Refer to Chapter 1: Plan Overview for guidance on the following. How to Use this District Plan Explanation of Activity Status Activity Status Defaults Notification Defaults Rules Having Early or Delayed Effect Refer to Volume 2, Appendix 1: District Plan Administration for the following. Controlled Activities Matters of Control Restricted Discretionary Activities Matters for Discretion and Assessment Criteria Discretionary Activity Assessment Criteria Design Guides and Design Assessment Criteria Information Requirements Acronyms Used in the District Plan Definitions Used in the District Plan Other Methods of Implementation Volume 1 5 Special Character Zones Page 5-55

110 Appendix G2 f) Except that the lots approved via subdivision consents (Council Consent Reference Numbers: , , , , , and ) granted over the land described as Pt Lot 6 DP 34164, Lot 1 DPS 12991, Lot DPS 78023, Lot 1 DPS 76734, Lot 5 DPS 45202, Lot 2 DP 23381, Lot 5 DP Lot 8 DP 34164, Allotment 87, Pt Allotment 93 and Pt Allotment 94 Te Rapa PSH, Lot 3 DPS 45202, lots 1, 2 and 3 DPS and Lots 1, 2, 3, and 4 DPS can be used to create up to 52 lots for urban purposes without complying with Rule (c)1 or 2 provided that: i. A wastewater system sufficient to service urban purposes is provided and certified by Council. ii. A stormwater disposal solution is provided and certified by Council. iii. A Master Plan for the area of not less than one neighbourhood, as identified within Volume 2, Appendix 2, Figure 2 3. Refer to Volume 2, Appendix for information requirements. iv. No further subdivision creating additional allotments is permitted unless Rule (c)1 or 2 is complied with. g) Any subdivision for urban purposes that is in accordance with an approved Master Plan shall not be required to prepare a Integrated Catchment Management Plan. h) Any subdivision for urban purposes that is in accordance with an approved Master Plan shall not be required to prepare an Integrated Transport Assessment. i) Any subdivision within the Peacocke Character Area which does not comply with the standards in Rule will be a non complying activity Subdivision on Lot 2 DP Subdivision shall only take place in conjunction with a Comprehensive Development Plan application or after a Comprehensive Development Plan application has been granted Subdivision Design Standards a) The standards of Rule 23.7 shall not apply to the subdivision of land to accommodate a network utility service. b) The standards of Rule shall not apply to the unit title subdivision of existing lawfully established buildings provided that all relevant development and performance standards are met in relation to the proposed boundaries around that building or unless otherwise authorised by resource consent Allotment Size and Shape Zone Minimum Net Site Area Average Net Site Area Max Net Site Area Min Shape Factor a) General Residential Zone (unless otherwise stated) 400m 2 15m diameter circle Volume 1 23 Subdivision Page 23 13

111 Appendix G3 Proposed District Plan 13 November 2012 Hamilton City Council Lake Waiwhakareke Landscape Character Area Design Guide The Lake Waiwhakareke Landscape Character Area represents a distinctive landscape unit which is defined by Rotokauri Road to the east and north, Brymer Road to the west and Baverstock Road to the south. The characteristics of the Lake Waiwhakareke Landscape Character Area are described in the operative Waiwhakareke Natural Heritage Park Management Plan 2011 and summarised in this guide. This character is derived from the unique combination of natural, cultural and recreational values present in and around the lake and the Natural Heritage Park. Together the lake and Natural Heritage Park create a focal point for adjoining development and provide very significant and cultural opportunities that need to be recognised and reflected through future development. The lake and the extensive natural areas provided within the Natural Heritage Park, combined with the sharply undulating topography that frame them, clearly sets this part of the Rotokauri Structure Plan area apart from the area to the north of Rotokauri Road. The following character elements have influenced how the Rotokauri Structure Plan and Special Natural Zone seeks to manage development in this area. The sharply undulating topography of the area and the way in which it provides a point of difference in the landscape The native ecology of and the recreational resource presented by the Natural Heritage Park (including its value as an educational resource) The lake itself and its role in providing a strong focal point for the area The natural drainage pattern of the area The historic and cultural values associated with the area a) Purpose The Rotokauri Structure Plan and the Special Natural Zone identifies the need to protect and enhance the special character of the Lake Waiwhakareke area. The District Plan s rules regarding development and subdivision provide controls that will enable a sensitive response to this character. Where these rules provide for an element of discretion through the ability of Council to impose conditions on, this guide provides further description and amplification of the area s particular character. This will assist with consistent interpretation and provide more certainty to the development industry. The Guide recognises Council s commitment to the adaption of best practice urban design techniques as expressed in its urban design guide, Vista. b) How to Use This Guide Within each element, the design guidelines are organised as follows. Explanation Rationale for that particular design element and how it contributes to the development of a sustainable neighbourhood. Design consideration Consideration to guide development outlining how a proposal should respond to particular elements of character. Volume Design Guides and Design Assessment Criteria Page 1 69

112 Design guideline Representative of good design solutions which help achieve the design consideration. They do not however preclude other ways of achieving good design Understanding the Context a) Explanation The Lake Waiwhakareke Landscape Character Area is located at the southern end of the Rotokauri Structure Plan, in close proximity to existing urban development along Baverstock Road and to a lesser extent along Rotokauri Road. It will be dominated by the 50ha Natural Heritage Park that is ultimately intended to become a self sustaining habitat sanctuary surrounding Lake Waiwhakareke and representative of the original ecosystem diversity of the Hamilton Basin. The Natural Heritage Park will be managed by the operative Waiwhakareke Natural Heritage Park Management Plan This provides a framework for the future management of the Park and identifies some key concepts to consider during development of the Lake Waiwhakareke Landscape Character Area. The importance of the location of the entrances to the Park, treatment of the park edges, the planting scheme, the community parks and proposed street furniture design for the residential area are explained within this guide. The context for development in the surrounding area is established by the Rotokauri Structure Plan. The key locational relationships to note are the presence of Hamilton Zoo adjacent to the southwestern corner of the Heritage Park, the neighbourhood centre proposed to the northeast, the proximity of the Wintec Rotokauri Campus and Nga Taiatea Wharekura School, the green corridor running from Lake Waiwhakareke and the importance of Rotokauri Road as a public transport corridor. In order to design a development that respects the unique characteristics of a particular location, it is necessary to conduct the following: Context analysis Site analysis b) Context analysis Design consideration Proposals should demonstrate an understanding of the context of the site, its relationship to the natural and surrounding built environment and the impact that has on the design of the site. Design guideline Prepare plans, diagrams and maps that illustrate the location of the site and its characteristics in relation to: Proximity to nearby services shops, transport, schools, other services or recreation facilities Immediate surrounds natural landscape, significant vegetation or waterways, buildings and land uses Adjoining infrastructure roads, open spaces, public transport services Volume Design Guides and Design Assessment Criteria Page 1 70

113 c) Site analysis Design consideration Proposals should demonstrate an understanding of the particular features of the site itself, both its natural features and character of the adjacent built up area. Design guideline Prepare plans, diagrams and maps that illustrate the characteristics of the site particularly in relation to: Designing for Topography Natural features slope, topography, vegetation, waterways, geotechnical considerations Orientation prevailing winds, sun and shading (winter and summer), views, overlooking (to and from neighbours) Movement desire lines, missing links to surrounding neighbourhoods (e.g. from Neighbourhood Centre and Wintec Rotokauri Campus through to Heritage Park and to Hamilton Zoo) Other features that may influence site layout e.g. nearby open spaces, arterial roads a) Explanation The Lake Waiwhakareke area derives a major element of its character from topography. This is sharply undulating in its form with prominent east west orientated ridgelines that give detail to the area, and provide a point of difference in the landscape. The ridges and slopes act as local landmarks and enable long distance views to be gained both north to the Hakarimata Ranges and south to Lake Waiwhakareke. Utilising these opportunities will help create a sense of place and a stronger connection to the surrounding landscape. Retaining the underlying landform is an important part of ensuring that the area s character is preserved once development occurs (refer Figure 1.4.4a). Particular consideration should therefore be given to: Designing for slope Alternating slope and landform Orientation and outlook b) Designing for slope Design consideration Proposals should avoid unnecessary loss of underlying landform, to reflect the character of the site and surroundings and retain the significant features of the site. Design guideline Minimise need for major engineering intervention Use existing topography and land features to define the structure of the subdivision street layouts, open space, view shafts and building platforms (Refer Figures 1.4.4a, 1.4.4b and 1.4.4c) Volume Design Guides and Design Assessment Criteria Page 1 71

114 Figure 1.4.4a: Design with existing features landform, vegetation, waterways Figure 1.4.4b: Design that has worked with existing features landform, vegetation, waterways Volume Design Guides and Design Assessment Criteria Page 1 72

115 Figure 1.4.4c: Design that has not worked with existing features landform, vegetation, waterways c) Altering slope and landform Design consideration Where it is necessary to re contour land to allow for access and building platforms, the intervention should not be large scale or visually obvious once planting has matured. Design guideline Site contouring and retention should be on a site by site basis to allow building platforms to be formed. House designs should be customised to reflect the slope and orientation of the site, discouraging single platform for each site on sloping terrain. Use of retaining walls should be minimised by terracing and planting to mimic the natural features, particularly when viewed from the transport corridor. d) Orientation and outlook Design consideration Proposals should take advantage of the sloping terrain to maximise the views available from both individual properties and the public realm (transport corridors and open spaces). Design guideline Consider long and short views when aligning transport corridors, open spaces and walkways to provide glimpses of the surrounding landscape and natural features Reinforcing Local Character a) Explanation The Natural Heritage Park will be a defining element of this area s character and surrounding development will establish both a physical and a natural relationship with it. Volume Design Guides and Design Assessment Criteria Page 1 73

116 Residents will have the advantage of a large public space on their doorstep, notwithstanding that access to the Park will be limited and controlled. The Natural Heritage Park will incorporate small community parks at its entrances and these will serve as local purpose reserves. The way in which landscaping treatments are handled within the developed areas can reinforce the natural settings of the Natural Heritage Park and provide a stronger sense of place and character for the neighbourhoods created around it. The overall goal for the Natural Heritage Park is to create a self sustaining habitat sanctuary that represents the original ecosystem for this part of Hamilton. The Heritage Park Management Plan identifies the vegetative species appropriate for the differing terrain encountered within the area, such as ridge tops and hill slopes. Important considerations are therefore: Physical and visual relationship to the Natural Heritage Park Links to and between existing habitats and features Species and planting combinations b) Physical and visual relationship to Heritage Park Design consideration Surrounding development should provide an edge to the Natural Heritage Park, both to increase public surveillance and to offer an opportunity for people to circumnavigate the park and enjoy views into and beyond it. Design guideline Buildings along the northern boundary of the Natural Heritage Park should be of sufficient height and orientated towards the park in order to provide surveillance of the road, park or walkway. The northern boundary of the Natural Heritage Park and the block of land bounded by Baverstock and Rotokauri Roads represent appropriate locations for higher density development. Public access should preferably be along a perimeter street, open to cars as well as pedestrians, to provide surveillance from passing traffic and greater safety after dark. If the site is only appropriate for a pedestrian walkway at the perimeter of the Natural Heritage Park, such as the fence of the hill slope, it should be connected to the street system and of sufficient width to provide long views allowing for curves and changes in topography. This will ensure some surveillance of pedestrians using the walkway. Fencing adjacent to the walkway should be transparent enough to allow observation from neighbouring houses. If the topography demands that some lots are side or rear facing, fencing should be low and transparent and at least one main room should overlook the park edge (refer Figure 1.4.4d). Volume Design Guides and Design Assessment Criteria Page 1 74

117 c) Link to existing habitats Design consideration Public and private spaces within the Lake Waiwhakareke Landscape Character Area should reflect ecosystems within the Natural Heritage Park and provide an extension of the parks habitat. This will create a network of indigenous flora and fauna, and reduce the risk of pest plant invasions of the park. Design guideline Identify opportunities to extend habitats which are favourable to flora and fauna beyond the extent of the Natural Heritage Park. While the network does not need to be continuous, it does need to take into account the preferred habitat and travel patterns of the particular species it is intended to encourage. d) Species and planting combinations Design consideration The Natural Heritage Park Management Plan identifies a programme of weeds and predator eradication, and replanting of more appropriate species to encourage indigenous flora and fauna. Identifying and replicating those successful plant combinations both extends heritage plant character beyond its boundaries and creates a low maintenance landscape regime that adds to a sense of place in the surrounding development. Design guideline Based on the Heritage Park Management Plan, identify a plant palette and planting scheme which reflects the underlying indigenous combinations and avoids re infestation of the Heritage Park by weeds. Refer Figure 1.4.4d. Provide future residents with suggestions for selecting and maintaining planting schemes which extend the philosophy of the Heritage Park. Any species planted should be eco sourced. Refer to Plant Me Instead: Waikato Region and Gully Restoration Guide: A guide to assist in the ecological restoration of Hamilton s gully systems. Volume Design Guides and Design Assessment Criteria Page 1 75

118 Figure 1.4.4d: Landforms and vegetation types at Waiwhakareke Natural Heritage Park Note Diagram shows proposed vegetation scheme inside the Natural Heritage Park. This concept should be extended into the surrounding Waiwhakareke Landscape Character Area through the introduction of a range of methods and eco sourced plants Connectivity a) Explanation Topographical constraints present a number of challenges in terms of achieving high levels of connectivity for movements within and beyond the Lake Waiwhakareke Landscape Character Area. This is true for pedestrian and cyclists as well as motorised vehicles. The alignment of roads in the area of land immediately north of the Natural Heritage Park is likely to be predominantly east west in nature. However, in designing a network that encourages walking and cycling it is important to acknowledge that the elements of convenience, safety and amenity required by these users might differ from the needs of those driving cars. With large parts of the Heritage Park likely to be enclosed by development, it is important that routes into and around the park are legible and provide a choice of routes reflecting desire lines. Effective connectivity will therefore benefit from a consideration of the following. Walking Legibility Types of streets Volume Design Guides and Design Assessment Criteria Page 1 76

119 Additional links Street Furniture b) Walking and cycling Design consideration Proposals should deliver a connected street network that provides a variety of direct routes for pedestrians and cyclists to nearby services such as the neighbourhood centre, Zoo and the closest entrance to the Natural Heritage Park. Design guideline The overall street network should be inter connected, with block sizes that provide a choice of routes for pedestrians as directly as possible. Where possible, a street used by pedestrians and vehicles is preferable to provide the security of passing vehicles and avoid less used pedestrian only links. Given that vehicular traffic flows are expected to be low and slow moving, cyclists should be encouraged to use the street network. Connections to areas outside the Lake Waiwhakareke Landscape Character Area such as the neighbourhood centre may necessitate the provision of dedicated cycle lanes. Block sizes will vary with topography and location, but ideally should not be longer than 120m between intersections. c) Legibility Design consideration The street hierarchy should be legible for visitors and residents, and clearly signal the route to the park edge or entrances as distinct from more local access to residential blocks (refer Figure 1.4.4e) Design guideline Identify the main routes to the edges and entrances to the park by the treatment of the street width, landscape treatment, footpath width and location. Visual signals, which may match the branding and arts programme proposed for the Waiwhakareke Natural Heritage Park can also act as subtle markers to identify the route to the park, such as colouring of street furniture and lights or distinctive markers along the route (refer Section 1.4.5). On all streets, cyclists should be encouraged to use the street network. As the routes link to the main external circulation, additional measures such as dedicated cycle lanes may need to be considered. d) Types of streets Design consideration The treatment of each street can vary depending on its location and role. In general it is assumed there will be three main types of streets with section dimensions and treatment to suit. Local access streets main circulation connecting sub neighbourhoods and linking to the Natural Heritage Park. Green Streets smaller scaled street adjacent to the Natural Heritage Park or local reserve. Local Lane smaller scaled cross streets to serve blocks between local access streets. Volume Design Guides and Design Assessment Criteria Page 1 77

120 Design guideline The Rotokauri Structure Plan provides for low speed, green streets along the northern and south eastern edges of the Natural Heritage Park in order to provide active frontages. Minimising curb radii creates tight corners forcing cars to slow and making it easier for pedestrians to cross. Avoid roundabouts these disadvantage pedestrians and cyclists and require more space at intersections (reducing the sense of enclosure and encouraging faster vehicle movement). e) Additional links Design consideration Where streets are not appropriate, allow for safe alternative routes for pedestrians, with good surveillance (refer Figure 1.4.4e4f). Design guideline Pedestrian only routes should generally be not less than 2m wide, provide clear visibility from the main street footpath and contain no hidden spaces which could conceal people or activity from view of the main street. Pedestrian routes should be overlooked by adjacent development with low or transparent fencing and preferably overlooked by main occupied rooms of the adjacent houses. If the pedestrian routes are connecting two different levels, attempts should be made to keep the slope at 1:12 and where steps are necessary a handrail should be provided. The above illustrations indicate an acceptable design for a given environment but should not be regarded as being a specific requirement or the only design solution that will be adopted. f) Street furniture Design consideration Street furniture should cater for the safety and comfort of pedestrians and cyclists, including lighting, street trees and other planting, and items such as seats, rubbish bins and cycle parking racks. Design guideline Street lighting should provide high quality, safe environments for pedestrians. The suite of furniture, including street lights, should co ordinate with the colours and branding adopted for the Waiwhakareke Natural Heritage Park (refer Section 1.4.5). Street planting should take into account the need to reflect the native vegetation and planting combinations within the Natural Heritage Park. Volume Design Guides and Design Assessment Criteria Page 1 78

121 Figure 1.4.4e: Layout provides for access to the park edge, is legible for visitors and residents whilst providing a variety of routes Figure 1.4.4ef: Layout allows for safe alternative routes for pedestrians, with good surveillance The Layout of Development a) Explanation The topography of the Lake Waiwhakareke Landscape Character Area presents significant opportunities and constraints for development. The sharply undulating terrain offers the possibility for residents to enjoy long distance views, but at the same time the orientation of the resulting street network may present challenges for maximising solar gain. On flat land, rectangular or square locks represent the most efficient form of lot layouts. Sloping land however, requires a modified approach to be taken. It is also Volume Design Guides and Design Assessment Criteria Page 1 79

122 desirable that the size and shape of lots are configured to allow some flexibility in the types and density of housing that can be established. The orientation of lots influences the amount of sun gained inside the house and in outdoor living areas. The layout of development should seek to maximise the proportion of dwellings receiving sun, particularly in the winter. In planning the layout of development, the following issues need to be considered. Configuration of lots Solar orientation Front yard living b) Configuration Design consideration Regardless of the density or housing type being built, the size and configuration of lots should allow for building platforms that provide good internal spaces and solar orientation as well as sunny and private outdoor areas (refer Figures 1.4.4f 4g and 1.4.4g4h). Design guideline The depth of the lots should allow for an efficient building platform and a distance of 20m back to back between buildings. Figure 1.4.4f4g: Design for deeper back yards to allow sun in south facing parts of the site, front setbacks of at least 3m allow for a front porch or deck Volume Design Guides and Design Assessment Criteria Page 1 80

123 Figure 1.4.4g4h: Allotments oriented north south or with north facing back yards mean sun in front and rear setbacks most of the year c) Solar orientation Design consideration Maximise opportunities for solar gain. Design guideline Maximise the number of lots with the long axis within range N200W to N300E or E200N to E300S. Orientate houses to allow some living spaces setback from the northern boundary to gain northern sun in winter. In a comprehensive development, zero lot lines can maximise useable outdoor space by setting houses to the southern boundary and locating service areas along that wall. Vary the depth of north south facing lots. Consider using the upper levels to create outdoor living platforms that receive some sunshine and may also pick up views over rooftops. d) Front yard living Design consideration Where the rear of the house may not receive sufficient sunshine, additional outdoor living space should be provided at the front of the house. Design guideline Where dwellings have a south facing back yard, include some form of semiprivate outdoor living space on the northern front of the house. Traditional verandas or decks can be treated to provide privacy for those using them but also providing eyes on the street and an attractive frontage for passers by (refer Figure 1.4.4h4i). Upstairs balconies or bay windows also create sunny living spaces and enliven the frontage of a house. Volume Design Guides and Design Assessment Criteria Page 1 81

124 Figure 1.4.4h4i: Terraces in the front yard allows sunny outdoor living on south facing slopes Stormwater Management a) Explanation Hydrological processes account, in large measure, for many of the natural features present in the Lake area. They are also of special significance for tangata whenua. Lake Waiwhakareke itself is a sensitive receiving environment and can be adversely affected by both the quality and quantity of stormwater arising from surrounding development. The management of stormwater must therefore take account of local drainage conditions, which in parts of the area will include peat soils and correspondingly high ground water levels. There are likely, however, to be significant opportunities for incorporating management measures as part of the design of public spaces. In formulating stormwater management systems, the following matters should be taken into account. Retention of natural drainage patterns Treatment of streets Integration into open space b) Retention of natural drainage patterns Design consideration The natural drainage pattern of the area should be maintained where possible. Design guideline Identify natural watercourses in the early site analysis so they can help inform the subdivision layout. Where possible they should be retained and enhanced with vegetation as part of the open space network. The use of impermeable surfaces should be minimised wherever possible. Naturally occurring fresh springs should not be piped or diverted. Volume Design Guides and Design Assessment Criteria Page 1 82

125 c) Location and treatment of streets Design consideration The street network should take into account overland flow paths and may be designed as temporary flood ways during major storm events. Treatment of berms and kerb systems can absorb some stormwater or minimise flows during extreme events. Design guideline Streets adjacent to public open spaces or water courses may be designed as temporary floodways during major events, provided that vehicular access can be maintained (at slow speed) and that water flows do not become a hazard for motorists or adjacent residents. Swales and rain gardens can be considered, either in the centre of the carriageway or side berms. A soft edge adjacent to a park or open space serves the dual purpose of stormwater management and extending the visual amenity of the park to the edge of the carriageway. Consider permeable paving on low trafficked streets (such as local lanes) or parking bays which are offset from the main carriageway. d) Integration into open space network Design consideration In addition to creating an open space network around existing water courses or wetlands, permanent water features can be incorporated into open spaces and circulation networks to add amenity or recreational features as well as assist with stormwater or minimise flows during extreme events (refer Figure 1.4.4i). Design guideline Incorporate stormwater management into hard and soft landscape design for open spaces and streetscapes. Features such as ponds, wetlands and rain gardens can be considered. Pedestrian paths between levels can incorporate hard or soft flow paths, creating amenity and stormwater treatment. Care must be taken to ensure paths are still safe and useable during storm events. Figure 1.4.4i4j: Pedestrian link on steep slopes provides opportunity for informal watercourse width provides space for amenity planting as well as surveillance (CPTED) Volume Design Guides and Design Assessment Criteria Page 1 83

126 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Formatted: Font: Bold Figure 2 8: Rotokauri Structure Plan Land Use Volume 2 2 Structure Plans Page 2 9

127 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Comment [HCC1]: , , , , Volume 2 2 Structure Plans Page 2 10

128 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Figure 2 9: Rotokauri Structure Plan Staging and Transport Network Volume 2 2 Structure Plans Page 2 11

129 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Comment [HCC2]: , , , , Volume 2 2 Structure Plans Page 2 12

130 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Figure 2 10: Rotokauri Structure Plan Reserve Network Volume 2 2 Structure Plans Page 2 13

131 Appendix G4 Proposed District Plan 13 November 2012 Hamilton City Council Comment [HCC3]: , , , , Volume 2 2 Structure Plans Page 2 14

132 Appendix G5 Proposed District Plan 13 November 2012 Hamilton City Council Figure 4-7: Waiwhakareke CDP Area for Lot 2 DP Comment [HCC1]: , , , , Volume 2 4 Special Character Zones Page 4-7

133 P L Lake Waiwhakareke Proposed Change to Zoning Map S42a Report Appendix G6 As Notified R O TO K A U R I R O A D As Recommended R O TO K A U R I R O A D Moo Pa Mooney Park ROTOKAURI RD ROTOKAURI RD otokauri Structure Plan dix 2 - Figures 2-8 to 2-13 Lake Waiwhakareke See Rotokauri Structure Plan in Appendix 2 - Figures 2-8 to 2-13 Lake Waiwhakareke Waiwhakareke Natural Heritage Park AI LEE N PLACE Crawsh Park Waiwhakareke Natural Heritage Park AILEEN PLACE Crawshaw Park MAP: 33A F A R N B O R O U G H B A V E R S T O C K R O A D HIGHBURY PL DO RC HESTER PL ARUNDEL PL D R IV E SANDHURS A N T R IM A L D E R S H O T P L A C E L L O Y D D R IV E PRINGLE PLACE S H A N N O N CR AWSHAW DRIVE Domin Par Submission No: , , , , Meters FA R N B O R O U G H B A V E R S T O C K R O A D HIGHBURY PL DO RC HESTER PL ARUNDEL PL D R IV E SANDHURST PL A N T R A L D E R S H O T P LA C E IM P L A C E L L O Y D D R IV E PRINGLE PLACE S H A NN O N P L A C E CR AWSHAW DRIVE BEATRIC E Dominion Park Date:November 2014 V1

134 E VER GREEN P L E As Notified Lake Waiwhakareke Proposed Change to Features Map As Recommended S42a Report Appendix G6 B4 ROTOKAURI RD B43 ROTOKAURI RD B43 See Rotokauri Structure Plan in Appendix 2 - Figures 2-8 to 2-13 See Rotokauri Structure Plan in Appendix 2 - Figures 2-8 to 2-13 Lake Waiwhakareke Lake Waiwhakareke AILEEN B A V E R S T O C K R O A D ARUND EL PL A N T R I M L L O Y D D R I V E PRINGLE PRINGLE PLACE PLAC E C B A V E R S T O C K R O A D ARUNDEL PL A N T R I M L L O Y D D R I V CRAWSHAW HIGHBURY PL F A R N B O R O U G H D R I V E A L D E R S H O T P L A C E HIGHBURY PL F A R N B O R O U G H D R I V E A L D E R S H O T P L A C E D ORCH E STER PL SANDHU RST PL S H A N N SANDHURST PL O N P DORC HESTER PL S H A N N P L A A O N P C E L A C E C E L A C E RUSKE PLACE PL PL ROCH ESTER RUSKE PLACE ROCHESTER D CT HADRIANS W EVERG REEN RIS T HADRIANS WAY MAP: 33A Submission No: , , , , Meters Date:November 2014 V1