The Vines at Bethlehem Limited Proposed Retirement Village, 143, 153 and 161 Moffat Road, Bethlehem

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1 The Vines at Bethlehem Limited Proposed Retirement Village, 143, 153 and 161 Moffat Road, Bethlehem Reference: Prepared for: The Vines at Bethlehem Limited Revision: 3 3 March 2015

2 Document control record Document prepared by: Aurecon New Zealand Limited Ground Level 247 Cameron Road Tauranga 3110 PO Box 2292 Tauranga 3140 New Zealand T F E W tauranga@aurecongroup.com aurecongroup.com A person using Aurecon documents or data accepts the risk of: a) Using the documents or data in electronic form without requesting and checking them for accuracy against the original hard copy version. b) Using the documents or data for any purpose not agreed to in writing by Aurecon. Document control Report title Proposed Retirement Village, 143, 153 and 161 Moffat Road, Bethlehem Document ID Appln for Resource Consent Project number File path Client The Vines at Bethlehem Limited Client contact C/: Aurecon Tauranga Rev Date Revision details/status Prepared by Author Verifier Approver 0 10 April 2014 Draft Land Use Consent C Jones H McKee A Collier N Raynor 1 30 July 2014 Final Draft for consultation purposes 2 19 November 2014 Amendments following consultation with neighbours C Jones A Collier A Collier A Mulder C Jones A Collier A Collier A Mulder 3 3 March 2015 Further amendments C Jones H McKee A Collier A Collier Current revision 3 Approval Author signature Approver signature Name Harriet McKee Name Aaron Collier Title Senior Planner Title Associate Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page i

3 Contents 1. Introduction 1 2. Site Description and Background Location Plan 3 3. Proposal Staging Earthworks Landscaping and Urban Design Access, Roading and Carparking Servicing Geotechnical and NES Assessments 9 4. Relevant Plan Provisions Tauranga City Plan Relevant Objectives and Policies Proposed Bay of Plenty Regional Policy Statement Statutory Considerations Part II of the Resource Management Act Section 95 Assessment Consultation Assessment of Effects Permitted Baseline and Controlled Activity Subdivision Development Landscape and Visual Effects Servicing Effects Access, Transportation and Parking Effects Cultural Effects Geotechnical and Contaminated Land Conclusions 40 Appendices Appendix A Certificates of Title Appendix B Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page ii

4 Planning Map R40 (Tauranga City Plan) Appendix C Scheme Plans Appendix D Landscape and Urban Design Assessment and Photomontages Appendix E Integrated Transport Assessment Appendix F Landform and Services Assessment Appendix G Geotechnical Assessment Appendix H NES Preliminary Site Investigation Appendix I Written Approvals Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page iii

5 APPLICATION FOR RESOURCE CONSENT SECTION 88, RESOURCE MANAGEMENT ACT 1991 TO: Tauranga City Council Pursuant to Section 88 and the Fourth Schedule of the Resource Management Act 1991 our client, The Vines at Bethlehem Limited, seeks resource consent (land use) to undertake a residential land use and associated development on land at Moffat Road, Bethlehem for the purpose of establishing 198 dwelling units and associated amenities as part of a retirement village. The Application has been assessed as a Discretionary Activity under the Tauranga City Plan. Process information required by Tauranga City Council for this land use consent: The Applicant s name is The Vines at Bethlehem Limited. PO Box 864, Tauranga. Attention: Tim Preston The properties to which this application relate are located at 143, 153 and 161 Moffat Road, Bethlehem The site is zoned Rural Residential and Rural, and is hectares in area. It is noted that the Rural zoned portion of the site (approximately 4000m 2 ) is excluded from this application The legal description of the land is Pt Lot 2 DPS 1126, Lot 2 DP and Lot 1 DP and is held in Certificates of Title (SA/1297/68, and ), which are included in this Report (see Appendix A) An Assessment of Effects is included in Section 6 of this Report Other information required to be included by the Tauranga City Council is included in this Report All correspondence in respect of this application should be addressed to the Applicant s agent who is listed below: Aurecon New Zealand Limited PO Box 2292 TAURANGA Attention: Aaron Collier Telephone: aaron.collier@aurecongroup.com Resource Consent (Land Use) is required from Tauranga City Council for the proposed development. The specific reason for this Resource Consent in terms of the City Plan is as follows: Resource consent is required as a Discretionary activity for exceeding development density and scale of the Tauranga City Plan (Rule 15A.3.1) Due to the presence of pockets of potential ground contamination, a consent is required under the National Environmental Standard (NES) for contaminated land. The results of the preliminary sampling exercise identified some heavy metal and organo-chlorine pesticide concentrations above regional background levels, with one sample from within the existing orchard exceeding human health screening criteria for arsenic. No samples were found to exceed the adopted environmental screening criteria for the site, and no sensitive environmental receptors were identified on or adjacent to the site. The provisions of the NES override those in the City Plan. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page iv

6 FOURTH SCHEDULE We attach, in accordance with the Fourth Schedule of the Resource Management Act 1991, an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposal may have on the environment. OTHER CONSENTS REQUIRED A large scale earthworks consent along with stormwater discharge consents (permanent and temporary) will be required from the Bay of Plenty Regional Council. These consents will be applied for following the granting of a landuse consent by Tauranga City Council. An existing Consent Notice on Lot 2, DP which will be required to be cancelled following the granting of consent. This Consent Notice relates to tree planting as a requirement from an earlier resource consent granted to establish a dwelling on the land. ADDITIONAL INFORMATION: We attach any information required to be included in this application by the District Plan, the Regional Plan, the Resource Management Act 1991, or any regulations made under that Act: See Appendices (Signature of applicant or person authorised to sign on behalf of applicant). Dated at Tauranga this 3 rd day of March 2015 Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page v

7 1. Introduction This Report has been prepared in accordance with the requirements of Section 88 of, and the Fourth Schedule to, the Resource Management Act 1991 (the Act) on behalf of The Vines at Bethlehem Limited, for a proposed retirement village development at 143, 153 and 161 Moffat Road, Bethlehem. The information supplied in this application is intended to provide a full understanding of the activity and any actual and potential effects that the proposed activity may have on the environment. Therefore, we include the following information: A description of the site and surrounding locality; A description of the activity; An analysis of the provisions of the relevant Plans; and An assessment of the effects that the proposal may have on the environment. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 1

8 2. Site Description and Background 1. Certificates of Title SA1297/68, and (copies attached as Appendix A) 2. Legal Descriptions Pt Lot 2 DPS 1126, Lot 2 DP and Lot 1 DP Site Area ha (less an approximate 4000m 2 area of land zoned Rural) 4. Street Address 143, 153 and 161 Moffat Road, Bethlehem 5. Zone Rural Residential, and Rural (as per Planning Map 40 at Appendix B) 6. Special Features N/A 7. Activity Classification Discretionary Activity 8. Land Owner The Vines at Bethlehem Limited, WM Preston and Wood Walton Trustees 2004 Limited, and Preston Properties Limited The land subject to this application is located on the western side of Moffat Road adjacent to the Beaumaris Boulevard intersection and is predominantly rolling in contour away from Moffat Road. The three existing certificates of title are to form one site, for the purposes of the Tauranga City Plan, as identified within the scheme plans at Appendix C of this application. The area has a strong history of horticulture, with kiwifruit, avocadoes, market gardening, nurseries and garden centres having occurred on or around the site. In recent times the area has undergone significant change with residential and rural-residential housing being developed in place of traditional rural orchards and grazing uses. Many of the shelter belts and structural plantings from previous horticultural uses remain. The wider area comprises Rural Residential zoning (to the south and west of the Moffat Road ridge) with Suburban Residential zones being located predominantly to the east. Sitting below the site is the Wairoa River and a large flood plain, which is predominantly rural and which is utilized for grazing. The Décor Garden Centre shares the northern boundary, and there are Marae zones further to the north, beyond the Bethlehem commercial precinct. Directly to the south of the site is Bethlehem College. The existing site environment is described in detail in the Isthmus report included in Appendix D. A small portion of Lot 1 DP (approximately 4000m 2 ) is planted in trees and this area is excluded from the development site for the purposes of the proposal. Lots 1 and 2 DP have been owned by the Preston family for a number of years and have been developed for the purposes of an industrial winery, open space, residential use, avocado orchard, and the well-known place of assembly known as The Mills Reef Winery. There are a number of buildings on the Preston property site including vats and associated equipment for industrial wine processing, wine cellars and the restaurant and associated car parking area. Pt Lot 2 DPS 1126 (owned by The Vines at Bethlehem Limited) to the north is currently a kiwifruit orchard and contains a number of rural buildings. The existing Mills Reef building and a large carpark occupy an elevated north facing platform and dominates the site. The central part of the site is dominated by open grassland, with the balance of Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 2

9 the area being a mixture of amenity plantings including boundary shelter, mature trees, avocado groves and kiwifruit orchard. The boundary of the site along Moffat Road is approximately 260m in length. A main entrance to the Mills Reef site is located off the Moffat Road roundabout. There are also a number of other private driveways which access buildings on the combined sites. The site is relatively flat, being part of a large gently rolling spur orientated to the south west and sloping down to the Wairoa catchment on the western side of the Moffat Road ridge. 2.1 Location Plan The subject sites are identified below in purple. Source: Tauranga City Council MAPI The following plan identifies the subject sites in purple, with the zoning overlay shown. The majority of the site is Rural Residential with a small portion of the site being zoned Rural (which is excluded from the application). Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 3

10 Source: Tauranga City Council MAPI The site is located on the very edge of the Bethlehem suburbs, with Moffat Road currently delineating the suburban/rural-residential edge. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 4

11 3. Proposal The Vines at Bethlehem Limited seek Resource Consent to establish 198 units and associated activities as a Retirement Village at Moffat Road, Bethlehem, as shown on the Resource Consent plan included in Appendix C of this application. An overall Master Plan has been prepared for the development which provides for a total of 198 dwelling units, at this stage comprising 142 standalone dwellings (72%) and 56 duplex units (28%). The architectural typologies are made up of 3-bedroom, double garage units, and 2-bedroom, single garage units. Some typologies can be mirrored to create duplex units. The ultimate mix may be varied. The Master Plan included in Appendix C has been developed following refinement through a comprehensive site analysis and design process, including a topographical analysis, discussions with neighbours, contextual analysis and analysis of existing retirement villages in order to develop an appropriate building typology layout and density for the site. The housing ground floor area and types proposed are set out in the table below: House Typology Footprint Bedrooms Garage Standalone Duplex and number A m² 3 Double 39 B m² 3 Double C m² 3 Double 34 D m² 3 Double stacked E m² 2 Single Total There are five specific architectural housing typologies which are proposed, three of which will also function as duplexes when mirrored at the garage wall. Each unit will contain private outdoor space (a patio) and carparking. The design of each of the typologies is shown in Figure 9 of the graphic supplement to the Isthmus urban design, landscape and visual assessment (see Appendix D). The typologies are as follows: Housing Type Type A Type B Type C Type D Type E* Number of 3 bed 3 bed 3 bed 3 bed 2 bed Bedrooms Garaging Double Double Double Stacked Single Floor Area 160m 2 150m 2 150m 2 145m 2 105m 2 * Also functions as duplex when mirrored at garage wall Mills Reef will be retained as part of the overall development. The existing facility will become an amenity building to be eventually utilised by owners of the dwelling units as the number of residents grows and the requirement for specialist on-site amenities is developed. The existing Mills Reef winery facility was lawfully established and has existed on the site for many years. The proposal to Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 5

12 integrate the Mills Reef facility is a key component of the proposal, given the high quality amenities which exist. Long term, it is envisaged that a gymnasium and administration facility will ultimately be added to the existing Mills Reef building. In the short to medium term, Mills Reef will continue to operate and function as it currently does. The industrial wine processing associated with the site will eventually be relocated to provide for the residential development. The proposed dwelling units fall within the definition of a Residential Activity which means: a) The use of land and/or buildings for domestic or related purposes by persons living alone or in family and/or family groups (whether any person is subject to care supervision or not) and includes retirement villages and residential healthcare facilities. The proposal is considered to be a Retirement Village under the Tauranga City Plan and a licence to occupy will be granted with respect to the units. For the purposes of the City Plan, the dwelling units in the retirement village are also considered to be independent dwelling units. Independent dwelling units are defined as a building or part of a building intended to be used as an independent residence, including apartments, semi-detached or detached houses, residential units and townhouses for a family of up to six unrelated persons Retirement Village means: Part of any property, building, or other premises that contains two or more independent dwelling units or their dwelling unit equivalents that provide residential accommodation in the form of independent living townhouses and/or apartments and/or supported living provided on a bed and/or room basis (for avoidance of doubt this includes rest home and/or dementia care), predominantly for persons in their retirement (including their spouses or partners), together with associated services and facilities. Associated services and facilities may include, but are not limited to, the following: a) Healthcare and/or hospital facilities providing medical support exclusively to village residents; b) Retail and service facilities for the exclusive use of village residents; c) Administrative offices for the day to day operation of the village; The following are not retirement villages for the purposes of this definition: d) Owner-occupied residential units registered under the Unit Titles Act 2010 or owneroccupied crosslease residential units that in either case do not provide services or facilities to their occupants beyond those commonly provided by: i) similar residential units that are not intended to provide accommodation predominantly for retired people and their spouses or partners; or ii) residential units occupied under tenancies to which the Residential Tenancies Act 1986 applies; e) Boarding houses, guest houses, or hostels; f) Halls of residence associated with educational institutions; and g) Shared accommodation. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 6

13 The proposed development includes the following key elements: Earthworks across the site to reduce the overall level of topographical change and improve the ability of the site to be developed; Retention of the existing Mills Reef amenities and the key elevated landform relationship with the balance of the site; Relocation (eventually) of the industrial winery and bottling facility and associated activities to an off-site location; Retention of the forecourt terrace in front of the existing Mills Reef building; Maintenance and retention of a parkland entrance to the site including the existing avenue of trees and a large village green area below the terrace; New internal road layouts connecting to the existing access off the Moffat Road roundabout; A total of 198 dwellings as shown in the housing type table above; A walkway activity circuit around the site which is incorporated into setbacks from some site boundaries; An internal walkway system providing access between the amenity area and the residential buildings, and connections to the boundary circuit; A framework of trees and hedges on the boundary of the site to control views and access; and Amenity landscape planting throughout the site. It is proposed that the tenure of the retirement village will be a licence to occupy. No subdivision of the land is proposed at this stage. 3.1 Staging The proposal is to be staged as follows: Stage 1 starting at the north east corner of the site and working in a southern and western direction to build up to the main access road. Stages 2 and 3 the areas between the Mills Reef building and the main access road and the area surrounding the eastern, western and southern sides of the Mills Reef building. The timing and staging of the development will ultimately depend on the uptake of the residential dwellings, as will the decommissioning of the winemaking facilities. 3.2 Earthworks The existing site layout is shown in Figure 2 (site analysis) in the graphic supplement to the Isthmus report (see Appendix D). Earthworks will be required across the site to ensure that the general topography of the site can be stabilised and utilised for residential development. The highest parts of the north and west and southwest parks of the site shown on Figure 3 in Appendix D will be earthworked to reduce the elevation in these areas and to provide fill for lower parts of the site adjacent to the western boundary. The south-eastern corner of the site will also be filled to provide developable land in this low lying area. The north-eastern edge of the terrace in front of the Mills Reef building will be trimmed back to provide developable land in the north and east of the terrace. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 7

14 3.3 Landscaping and Urban Design A master planning process has been undertaken by Isthmus and focussed on reflecting the site s connection to the wider landscape including the views to the Wairoa Catchment, the Kaimai and Coromandel Ranges, and views into the site from along Moffat Road. The existing entrance and village green creates a large open space at the site entrance, and this is proposed to be retained and enhanced. The proposal will retain a number of the existing trees along the Moffat Road street frontage, and the established trees along the existing driveway to the Mills Reef winery as illustrated on the landscape concept plans and assessment included in Appendix C and D. The Moffat Road boundary will be further planted with informal tree plantings and a hedge which controls views and access into the site. A landscape amenity strip is proposed around the site with a 15m width along the Moffat Road frontage, and 5m along all other boundaries. The park-like entrance and village green retains a large open space at the site entrance, and the key tree plantings along the Moffat Road boundary will maintain and enhance the existing park-like character of the site s road frontage. The landscape master plan includes a range of new planting including boundary hedge plantings, boundary tree plantings, internal tree plantings and internal amenity plantings. Overall, the amount of vegetation and open space around the boundary of the site has been carefully considered and protected to ensure that the rural amenity of the site is consistent and, (in the case of the Moffat Road boundary in particular), a higher standard of amenity is provided than would be expected from a complying conventional Rural Residential subdivision development. Specific building, hedging and tree planting requirements are proposed along the southern boundary and these matters are specifically addressed in Section 5.3 of this report. There are a number of design and landscape outcomes which form Augier conditions for the purposes of the application, which have been agreed with neighbours. Included in Appendix D is the overall landscape concept plan and associated cross-sections (Figure 7 and Figure 10), along with a number of useful photomontages which depict the existing views of the site and the proposed views of the site from four different vantage points. These are depicted as both existing and proposed viewpoints and usefully show the impact of what is proposed. Housing typologies for the site showing the range of building forms shown are included in Figure 9 of Appendix D. These are also shown on the overall landscape master plan for the site (see Appendix C) which is referred to as the scheme plan. Flexibility is sought in the consent to enable the housing typologies to be applied to any dwelling location on the site. This will enable the housing types to meet market demand at the time of sale. 3.4 Access, Roading and Carparking Access to the site will be from the existing Moffat Road roundabout. This entry will be extended to form a central spine or boulevard around which an internal street network will connect. A village green and line of duplex units will form the southern edge and street edge planting to line the central access. Access to the site and the central amenity area has been designed to be experienced in a sequence beginning at the entrance with the established trees providing a sense of grandeur and age to the landscape setting of the site. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 8

15 A circuit road around the site is proposed in the same design as the central access road. Other internal streets are less formalised and provide a logical pattern and orientation but with gentle curves and offsets. The carparking area associated with the existing winery building will generally be retained and the two northern access driveways and access points will be closed as development is undertaken in a staged manner. Carparking is to be provided in accordance with City Plan requirements. An Integrated Transport Assessment has been provided at Appendix E of this application. A peripheral walking and cycleway system is proposed to provide a circuit and a series of internal walkway connections (refer Figure 6 in Appendix D). This circuit serves as part of the setback and amenity strip, as well as being connected into the site through a series of internal connections. Some amendments have been made to the peripheral walkway along the southern boundary in response to consultation with neighbours. Resting places are provided around the circuit as focal points for views beyond the site. Around the periphery of the circuit, a series of pergola, seats, and resting areas, will provide areas of interest for circuit users. 3.5 Servicing A Landform and Services Assessment has been provided at Appendix F of this application. The assessment has previously been provided to Tauranga City Council staff for review and addresses the matters of wastewater disposal, stormwater disposal, water supply, and proposed landform. Feedback from Tauranga City Council staff has confirmed that there are no servicing constraints to the development proceeding. There is sufficient capacity available to utilise the adjacent water and sewer connections available on the eastern side of Moffat Road. Stormwater will be disposed of to the Bethlehem College wetland. 3.6 Geotechnical and NES Assessments Geotechnical and NES investigations have been undertaken on site for the proposed development. Full copies of these assessments are provided at Appendix G and H of this application. Some isolated heavy metal and organo-chlorine pesticide concentrations above regional background levels were encountered, with one sample from within the existing orchard exceeding human health screening criteria for arsenic. On completion of the DSI a remedial action plan will be required to manage or facilitate the removal of any impacted materials on site such that the site is suitable for its intended use. The geotechnical report contains a number of recommendations relating to future development. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 9

16 4. Relevant Plan Provisions 4.1 Tauranga City Plan The proposal proceeds overall as a Discretionary Activity under the Tauranga City Plan, because the density proposed is not provided for within the Rural Residential zone. The Council therefore has open discretion to consider the proposal on its merits. Because the proposal is a Discretionary Activity, there is no requirement for the proposal to comply with all City Plan provisions, however the rules are a useful guide for assessing the proposal. A review of the Tauranga City Council City Plan confirms that there are no significant ecological, landscape, archaeological, ecological, Maori or other features associated with the site. The relevant planning map (R40) showing the site is included in Appendix B. No development is proposed within the Rural zoned portion of the site (approximately 4,000m 2 ). Therefore only the assessment of the original the Rural Residential provisions have been undertaken. The rule assessment is as follows: The following is an assessment of the relevant Tauranga City Plan Rule provisions of the proposal. Reference Rule Activity Status/Comments 15A.3 Permitted Activity Rules Note: Where an activity that does not comply with a Permitted Activity Rule shall be considered a Restricted Discretionary Activity, unless stated otherwise. 15A.3.4 Setbacks All buildings, excluding any setback intrusions permitted under either Rule 4H.2.1 Permitted Setback Intrusions or Rule 4H.2.4 Permitted Activities Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones shall provide the following setbacks from a side or rear boundary: a) A minimum of 1.5 metres from a side or rear boundary; b) A minimum of 5 metres from the boundary of the Conservation Zone; c) All new buildings, excluding minor structures and activities, shall be setback a minimum of 30 metres from Mean High Water Springs; d) All new buildings, excluding minor structures and activities, shall be setback a minimum of 20 metres from a permanently flowing river or stream, or wetland; e) Where a site adjoins an Open Space Zone or the Coastal Marine Area, the common boundary (that being the zone boundary) Comment: All buildings will be set back at least 5m from side boundaries, considerably larger than the 1.5m requirement. There are no areas adjoining the site which are zoned conservation, nor are there any rivers, streams or wetlands present Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 10

17 Reference Rule Activity Status/Comments 15A.3.1 may be fenced to a maximum of: i) 1.2 metres in height; or ii) 1.8 metres in height, consisting of visually permeable materials. Note: Any activity that does not comply with Permitted Activity Rule 15A.3.4 Setbacks a), c), d), e) shall be considered a Restricted Discretionary Activity. Note: Any activity that does not comply with Permitted Activity Rule 15A.3.4 Setbacks b) shall be considered a Non-Complying Activity. Development Density and Scale a) Maximum density for independent dwelling units on a site shall be 1 per site. b) Maximum density for shared accommodation on the site shall be as follows: i) When added together the maximum gross floor area of all habitable rooms associated with the shared accommodation on the site shall not exceed 65m2; ii) Shared accommodation shall be limited to a maximum of 8 permanent residents per site. Note: Any activity that does not comply with Permitted Activity Rule 15A Development Density and Scale shall be considered a Discretionary Activity Comment: The current proposal exceeds this density given that the site is held in only three certificates of title. The proposal proceeds as a Discretionary Activity. 15A.3.2 Building Height a) The maximum height of any building, with the exception of the permitted intrusions under either Rule 4H.2.3 Permitted Height and Viewshaft Protection Area Intrusions or Rule 4H.2.4 Permitted Activities Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones shall be 9 metres; b) Provided that no building or structure within any identified Viewshaft Protection Area with the exception of the Permitted Intrusions in Rule 4H.2.3 Permitted Height and Viewshaft Protection Area Intrusions, shall exceed the maximum height identified within the Plan Maps (Part B). Note: Any activity that does not comply with Permitted Activity Rule 15A.3.2 Building Height shall be considered a Discretionary Activity Comment: All dwellings will comply. All dwellings will be single story and under 9m in height. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 11

18 Reference Rule Activity Status/Comments 15A A A A.3.7 Streetscape a) All buildings on a site with a frontage to a legal road shall be setback 10 metres from the road boundary of the site; b) All buildings on a site adjoining a Future Road Widening designation (as identified on Plan Maps (Part B)) shall have the required setback measured from that designation boundary; c) The provision of on-site parking shall not be located within the required streetscape setback. Overshadowing All buildings, excluding any overshadowing intrusions permitted under either Rule 4H.2.2 Permitted Overshadowing Envelope Intrusions or Rule 4H.2.4 Permitted Activities Permitted Intrusions for Amateur Radio Configurations in the Residential and Rural Residential Zones, shall be within a building envelope calculated in accordance with Appendix 14C: Overshadowing. Site Coverage The maximum site coverage shall be 30% of the site area. Note: Any activity that does not comply with Permitted Activity Rule 15A.3.6 Site Coverage shall be considered a Discretionary Activity. Access The maximum number of independent dwelling units, homestays or shared accommodation that can be served by private rights-of-ways, private accessway or legal access lot shall be: 3 4 units 3 metre minimum legal width; 5 12 units 6 metre minimum legal width. Comment: All dwellings on site will be setback a minimum of 10 metres from Moffat Road. Comment: All dwellings will comply with this provision being a 2.7 height and the required angle as measured from the boundary. Comment: The site coverage does not exceed the 30% maximum anticipated by this provision, and is calculated at approximately 25% based on the total combined area or dwellings proposed. Comment: The number of dwellings obtaining access under this provision exceeds those maximums provided. The internal private road layout will provide a satisfactory level of service for the development, as shown on the development plan included in Appendix D. The primary road into the site (which intercepts with Moffat Road) will be two-lane, medium divided carriageway which consists of two 3m lanes and 1m wide medium. The secondary road network is a 6m carriageway and provides for informal parking on one side of the road. Tertiary roads are 3.5m wide. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 12

19 Reference Rule Activity Status/Comments 15A.6 4B.2.3 Discretionary Activity Rules The following are Discretionary Activities: a) Any Permitted Activity that does not comply with: i) Rule 15A.3.1 Development Density and Scale; ii) Rule 15A.3.2 Building Height; iii) Rule 15A.3.6 Site Coverage; iv) Rule 15A.3.10 Secondary Independent Dwelling Unit; b) Any activity which is not a Permitted, Controlled, Restricted Discretionary or Non- Complying Activity; c) Any activity which does not comply with Rule 15A.5.1 Restricted Discretionary Activity Standards and Terms Activities that Do Not Comply with Rule 15A.3.4 a), c), d), e) - Setbacks; d) Any activity listed as a Discretionary Activity in Table 15A.1: Rural Residential Zone Activity Status. e) Any activity that does not comply with Rule 15A.5.3 Special Restricted Discretionary Activities Standards and Terms Central Bethlehem Scheduled Site with the exception of non-compliance with: i) Rules 15A.5.3 (a) iii)-v) - Special Restricted Discretionary Activities Standards and Terms Central Bethlehem Scheduled Site which shall be considered as a Restricted Discretionary Activity; ii) Rules 15A.5.3 (a) vii), viii), xi) - xiii) - Special Restricted Discretionary Activities Standards and Terms Central Bethlehem Scheduled Site which shall still be considered as a Non-Complying Activity. On-Site Parking Requirements General a) The minimum on-site parking requirements in Appendix 4A: General Minimum On-Site Parking and Loading Requirements shall apply to all activities not otherwise provided for by Rule 4B On- Site Parking Requirements City Centre Zone and Rule 4B On-Site Parking Extensions and Alterations to a Lawfully Established Activity. b) If an activity is not listed in Appendix 4A: General Minimum On-Site Parking and Loading Requirements the parking standard for the activity listed that is closest in vehicle generation characteristics and parking demand shall be applied; c) Where the calculation of the number of Comment: The proposal has been assessed overall as a Discretionary Activity under the Rural Residential provisions. Comment: The retirement village is to be a mixture of three bedroom/double garage, three bedroom/two car stacked garage and two bedroom/single garage dwellings. Each dwelling will have a minimum of two car parking spaces taking into the account the ability to park on site in front of the garage. Those dwellings with double garages and two car stacked garages will have room for visitors to park in front of the garage. Compliance with the City Plan requirements is Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 13

20 Reference Rule Activity Status/Comments carparks results in a fractional number, that fraction shall be rounded to the nearest whole number; d) Where a site contains, or is proposed to contain, more than one activity, the parking requirement for each activity shall be determined separately; e) All on-site parking shall be located within the site; f) For any residential independent dwelling unit on a site, stacked on-site parking space shall be permitted provided the stacking area is exclusive of the on-site manoeuvring area; g) Any activity (excluding activities in Rural Zones) required to provide parking and loading spaces in accordance with Rule 4B.2.3 a) and b) On Site Parking Requirements - General shall ensure that all areas on the site used for vehicle parking, access, manoeuvring and loading/unloading shall be formed and sealed with an all weather surface prior to the activity commencing. Minimum requirements: achieved. 4B.2.4 Independent Dwelling Unit 2 spaces/unit Retirement Units (independent unassisted living) 1 space/unit. On-Site Parking Design Note: The New Zealand Building Code has specific requirements for disabled parking provision and parking within buildings. All on-site carparks shall be designed to the following standards: a) Maximum gradient of 1 in 5 with breakover angles eased by a short transition slope; b) Individual space dimensions in accordance with Appendix 4B: Parking Stall Dimensions. For the purposes of this rule, the dimensions shall apply in all situations even when no building is involved; c) For parking and manoeuvring areas adjoining a primary arterial or secondary arterial road a kerb or similar barrier shall separate the parking area from the road boundary with the following dimensions: i) For angled parking not less than 0.15 metres high and 0.6 metres wide; ii) For parallel parking not less than 0.15 metres high and at least 0.15 metres wide. in such a way that all vehicles can enter and exit the site without reversing. Such Comment: All on-site parking will be designed to comply with City Plan and Building Code standards. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 14

21 Reference Rule Activity Status/Comments 4B.2.5 4B.2.7 manoeuvring shall be able to be executed in no more than a three-point turn; d) Notwithstanding Rule 4B.2.5 c) On-site Manoeuvring, any activity that has a vehicle access to a State Highway and is required to provide a heavy goods vehicle loading space shall provide on-site manoeuvring for a 90 percentile 19-metre long semi-trailer combination 4-axle truck in accordance with Appendix 4F: 90 Percentile Tracking Curve for an 19 metre Truck; e) On-site manoeuvring shall not be required where the activity has access to a formed service lane; f) Minimum aisle and accessway widths shall be 3 metres for a one-way flow and 5.5 metres for a two way flow. On-Site Manoeuvring a) All activities with vehicle access to the strategic road network or collector roads as shown on the City Road Hierarchy Plan (see Diagram 1, Section 5, Plan Maps Part B) and not otherwise listed in Rule 4B.5 Non-complying Activities, shall provide on-site manoeuvring such that all vehicles can enter and exit the site without reversing on to the road. Such manoeuvring shall be able to be executed in no more than a three-point turn; b) All activities shall provide on-site manoeuvring for a 90 percentile car in accordance with Appendix 4D: 90 Percentile Tracking Curve for a Car provided that reversing may be permitted only on to a local road where less than five carparks are provided on-site; c) Every activity in a Commercial Zone or Industrial Zone shall provide on-site manoeuvring for: i) A 90 percentile two-axle truck in accordance with Appendix 4E: 90 Percentile Tracking Curve for an 8 metre Rigid Two Axle Truck; ii) Articulated trucks and trailers or buses where they are likely to visit the site in accordance with Appendix 4F: 90 Percentile Tracking Curve for a 19 metre Truck; Site Access and Vehicle Crossings Note: Creation of a new vehicle access (or accesses) onto the strategic road network, not otherwise listed within Rule 4B.6 Non- Complying Activities, shall be considered a Restricted Discretionary Activity. Comment: All manoeuvring of vehicles can occur on site. Comment: Vehicle access to the site is from the existing Moffat Road roundabout. All other vehicle entrances to the site will ultimately be disestablished. No Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 15

22 Reference Rule Activity Status/Comments 4B B a) The location of vehicle access points from an intersection shall be in accordance with Appendix 4G: Location of Access Points from Intersections; b) Vehicle crossing points serving a business activity site shall be a minimum width of 4 metres, and a maximum width of 9 metres on the site boundary; c) Vehicle crossing points serving a business activity site where articulated trucks and trailers or buses are likely to be used shall be designed to accommodate these vehicles; d) Vehicle crossing-point widths for other activities shall be a minimum width of 2.7 metres on the site boundary; e) Where vehicle entrance locations are altered, the crossing area no longer required shall be reinstated as verge and/or footpath and kerbs replaced. The cost of such work shall be borne by the owner of the property served by the former crossing; f) The minimum sight distance from vehicle access points shall be in accordance with Appendix 4H: Calculating Sight Distances; Provision of More than 25 Carparks Where more than 25 on-site carparks are provided on-site, with the exception of sites within the City Centre Zone, an Integrated Transport Assessment relevant to the scale of the proposal shall be submitted with an application for resource consent in accordance with Appendix 4K Integrated Transport Assessment Information Requirements. Provision of More than 25 Carparks In considering activities under Rule 4B Provision of More than 25 Carparks the Council restricts the exercise of it its discretion to: a) The matters outlined in Appendix 4K Integrated Transport Assessment Information Requirements; b) Any recommendations of the Integrated Transport Assessment; c) The effects from the proposal on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy) and measures to avoid, remedy or mitigate those adverse effects; d) Considering whether reductions in parking requirements are appropriate having regard to Appendix 4L Parking Reduction capacity improvements or changes are required at the Moffat Road roundabout. Comment: More than 25 car parking spaces are provided on the site, which triggers the need for a consent. The transportation effects have been addressed in an Integrated Transport Assessment included in Appendix E. Comment: The Integrated Transport Assessment (see Appendix E) has approximately addressed the matters which are required to be considered under the City Plan. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 16

23 Reference Rule Activity Status/Comments 4B.5 Adjustment Factors; e) Methods of stormwater disposal where 25 or more carparks are proposed to be provided on-site. Discretionary Activity Rules The following are Discretionary Activities: a) Any activity which is not a Permitted, Controlled, Restricted Discretionary or Non- Complying Activity; b) Any activity that does not comply with Rule 4B.4.1 Restricted Discretionary Activity Standards and Terms. c) Any activity that does not comply with Rule 4B.3.1 a) Controlled Activity Standards and Terms Seventeenth Avenue Commercial Plan Area. Comment: Because the development does not comply with density and scale standards in Rule 15A.3.1, the proposal is considered overall as a Discretionary Activity. 4C.2 4C.2.2 Permitted Activity Rules (earthworks) Note: All site earthworks will also need to comply with the requirements of the Bay of Plenty Regional Council Regional Water and Land Plan, or be authorised by the necessary resource consent from the Bay of Plenty Regional Council. Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity, unless stated otherwise. Note: While only transmission and key electric lines are identified on the Planning Maps, works in close proximity to all electric lines can be dangerous. Compliance with the New Zealand Electrical Code of Practice 34:2001 is mandatory for buildings, earthworks and mobile plants within close proximity to all electric lines. Compliance with the Electricity (Hazards from Trees) Regulations 2003 is also mandatory for tree trimming and planting. To discuss works, including tree planting, near electrical lines especially within 20m of those lines, contact the line operator. All Zones In addition to Rule 4C.2.3 Tauriko Business Estate through Rule 4C.2.9 High-Voltage Transmission Plan Area, earthworks are a Permitted Activity providing: a) They are ancillary to an activity that is Comment: As part of the overall assessment of the activity, earthworks can be considered. However, it is considered that the effects are associated with bulk earthworks are best addressed through the Bay of Plenty Regional Water and Land Plan at the time that necessary resource consents are obtained from the Regional Council. Comment: The erosion and sediment control measures included in Appendix 4N of the City Plan will be applied to the construction of individual house Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 17

24 Reference Rule Activity Status/Comments listed as a Permitted, Controlled or Restricted Discretionary Activity within that zone; b) They use a combination of erosion and sediment control measures that are consistent with Appendix 4N: Erosion and Sediment Control Measures where earthworks on a site expose more than 100m2 of area. For the avoidance of doubt this rule shall not apply to approved earthworks or earthworks ancillary to primary production; c) Any single cut on a site 1.5 metres in height or higher (either as a single cut or combination of cuts) where the angle of cut is 45 o or greater is retained either before construction of any building foundations or retained no later than 3 months after that cut being created. This rule shall not apply to earthworks in the Rural Zone unless those earthworks are associated with construction of a building; d) They do not take place within the drip-line of a Notable Tree or Heritage Tree; e) They do not take place on any site that includes potentially contaminated land, unless: i) A consent for remediation has been obtained from the Bay of Plenty Regional Council; ii) A site investigation report prepared by a suitably qualified contaminated site investigator is submitted to the Council in accordance with Ministry for the Environment Guideline No.1 Reporting on Contaminated Sites in New Zealand demonstrating that either the site does not have potentially contaminated land or the potentially contaminated land is separated from the earthworks by a safe distance (determined by the substance causing soil contamination); iii) Consent has been obtained pursuant to Rule 9B.3 Restricted Discretionary Rules; iv) The provisions of Rule 9B.2.1 Applicability to Subdivision and Land Use apply; f) They are associated with sub-surface investigations of contaminated and potentially contaminated land to determine the presence, extent and nature of any contamination. This work shall be coordinated by a suitably qualified contaminated site investigator. sites to ensure that runoff from earthworks is appropriately managed. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 18

25 4.2 Relevant Objectives and Policies The following is an assessment of the relevant City Plan objectives and policies of the Tauranga City Plan with respect to the proposal Relevant Objectives The following is an assessment of the relevant objectives relating to the proposal. 15A.1.1 Objective Rural Residential Living Opportunities Rural residential living opportunities are provided within the City in identified areas which are not suitable for urban development; are of limited productive capability, or inefficient to service to urban standards. In the Tara Road Urban Growth Plan Area rural residential subdivision and development avoids the potential for incompatibilities (including reverse sensitivity effects) between activities within the Rural Residential Zone and between the Rural Residential Zone and its surrounding environment. 15A Policy Rural Residential Living Opportunities By providing for rural residential living opportunities as part of the range of residential options available within the City through: a) Zoning for rural residential appropriate areas that: i) Do not contain highly productive or versatile land; ii) Are not suitable for conventional urban or suburban development and adjoin Rural zoned areas; b) Recognising the inefficiencies of servicing such areas through requiring rural residential development to provide for its own wastewater and stormwater disposal needs on-site; c) Recognising that rural residential sites are well provided with on-site open space for recreation and leisure opportunities through not requiring dedicated on-site outdoor living areas, or providing for the provision of neighbourhood reserves within the Rural Residential Zone; d) Recognising in the Tara Road Urban Growth Plan Area that rural residential subdivision and development should be designed, located and constructed in a way that avoids adverse geotechnical, reverse sensitivity, and stormwater effects on the Tauranga Eastern Link and Tara Road. Comment: The site can be efficiently serviced to urban standards and is not considered to be an area which is unsuitable for urban development. Given the measures proposed to maintain and enhance the site s character, matters such as building setbacks, planting and open space, the proposal is not considered to be incompatible with land uses on adjoining sites, and is suitable for conventional residential development. 15A.1.2 Objective - Bulk and Scale of Buildings in the Rural Residential Zone Buildings that are of a bulk and scale compatible with the existing and anticipated rural residential character and amenity of the Rural Residential Zone. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 19

26 15A Policy Bulk and Scale of Buildings in the Rural Residential Zone Height and Overshadowing By ensuring buildings are restricted to a height and building envelope that: a) Provides flexibility for a range of building forms in the varied topographical conditions of the Rural Residential Zone; b) Avoids the potential adverse impacts of over height buildings on surrounding properties, particularly on dwellings, and on public open space including the streetscape or skyline, through overshadowing, overlooking or visual dominance of buildings; c) Avoid the potential adverse impacts of overshadowing on surrounding properties, particularly on dwellings. Comment: Generous setbacks from boundaries, the retention of key vegetation patterns and open space, the planting of hedges and trees around the boundary of the site, along with the use of single story house typologies (to keep residential development relatively low rise and low key) will ensure that the proposal is consistent with the amenity of the area. 15A.1.3 Objective Site Layout and Building Design in the Rural Residential Zone Development of sites and buildings within the Rural Residential Zone are characterised by large areas of onsite open space, separation from buildings on adjoining sites and generous setbacks from roads. Buildings do not dominate the rural residential outlook, character and amenity of the Rural Residential Zone. 15A Policy - Site Layout and Building Design in the Rural Residential Zone By ensuring that the layout and design of development within the Rural Residential Zone: a) Provides building setbacks that ensure a physical separation of buildings between sites, and contributes to the visual and aural privacy of adjoining sites; b) Ensures that buildings are setback from the road boundary with a streetscape that provides opportunities for landscape planting and ensures that buildings do not visually dominate the rural residential outlook of adjacent properties or public open space; c) Retains the majority of the site as open space, retains opportunities for planting and primary production activities on the site and cumulatively contributes to the overall open nature, rural residential landscape character and outlook of surrounding properties and the wider zone. d) Ensures development is appropriately set back from areas of natural character or land within the Conservation Zone sufficient to preserve the amenity, character and intrinsic natural values of those areas. Comment: Large areas of open space, a park-like entrance to the site, and generous setbacks will ensure that buildings do not unduly dominate the outlook, character and amenity of the site. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 20

27 15A.1.4 Objective - Density of Development in the Rural Residential Zone A very low density residential environment, at the interface between the Suburban Residential Zone and Rural Zones, characterised by single dwellings on a site and large areas of on-site open space in vegetation or used for primary production activities. 15A Policy - Development Density Rural Residential Zone By providing for residential densities that are significantly lower than those in the Suburban Residential Zone to ensure a less intensive development pattern. Comment: Although the proposal is residential, where possible open space, significant landscaping, and landscape treatment measures have been incorporated into the development. 15A.1.5 Objective - Activities in the Rural Residential Zone Low density residential activities are the predominant activity in the Rural Residential Zone, but with flexibility for small scale home-based business and homestays, and a limited range of community support services (subject to their compatibility with the amenity of the Rural Residential Zone which is defined by specific provisions). Primary production activities compatible with rural residential use continue. 15A Policy - Activities in the Rural Residential Zone By providing for very low density residential activity as the predominant activity in the Rural Residential Zone while: a) Providing for the integrated development of secondary independent dwelling units while ensuring such development is compatible with the amenity and character of the Rural Residential Zone; b) Providing for small scale home-based businesses, including homestays, that are of an ancillary and secondary nature to the residential activity on the site and do not create off-site effects on surrounding properties, rural residential character and amenity, and the transport network; c) Providing for a limited range of community support activities, being smaller scale tertiary education premises; schools; health centres and churches that provide community support functions for residents within the Rural Residential Zone and are compatible with existing anticipated rural residential character and amenity in terms of: i) Location and scale of the activity, including the attraction of visitors to the site, and hours of operation of the activity; ii) The nature of the activity s actual and potential adverse effects on surrounding properties, rural residential character, amenity and the transport network; iii) Primary production activities compatible with rural residential activity continue through: iv) Limiting the types of primary production able to be undertaken in the Rural Residential Zone to those activities unlikely to have adverse effects on rural residential character and amenity; Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 21

28 v) Ensuring that sites within the Rural Residential Zone are of a size to provide for separation between incompatible activities; vi) Recognising voluntary, industry-based codes relating to the management and application of chemical sprays; vii) Using sections 16 and 17 of the RMA to act upon localised nuisances including offensive discharges from primary production activities and nuisances caused by poor management practices; d) Limiting the establishment of non-residential activities in the Rural Residential Zone that are expected to be located in the Commercial Zones to ensure: i) Avoidance of a cumulative effect on the rural residential character and amenity of the Rural Residential Zone; ii) Maintenance of the integrity of the network of commercial centres, with regard to the objectives and policies for commercial development; e) Limiting the establishment of non-residential activities in the Rural Residential Zone that are expected to be located in the Industrial Zones to ensure: i) Avoidance of potential adverse effects, including cumulative effects, on the rural residential character and amenity of the Rural Residential Zone. Comment: The proposal is considered to be compatible with the nature of the surrounding area and the activity s actual and potential effects on surrounding properties, rural-residential character and amenity, and the transport network can be addressed. There are not considered to be any incompatible activities adjoining the site, no commercial activities are proposed (beyond those that currently exist) and there are considered to be no cumulative effects on rural-residential character and amenity. The site is considered to be relatively unique in the area and its development is provided for under the City Plan. 4.3 Proposed Bay of Plenty Regional Policy Statement There is both an Operative Bay of Plenty Regional Policy Statement (December 1999) and a Proposed Regional Policy Statement. The Proposed Regional Policy Statement is significantly advanced through the planning and appeals process such that the relevant provisions which relate to the proposal are beyond challenge or have been settled by way of Environment Court Consent Orders. The relevant Objectives and Policies are: Objective 12 The timely exchange, consideration of and response to relevant information by all parties with an interest in the resolution of a resource management issue Policy IR4B Using consultation in the identification and resolution of resource management issues Policy IW6B Encouraging Tangata Whenua to identify measures to avoid remedy or mitigate adverse cultural effects Objective 13 Kaitiakitanga as recognised in the principle of the Treaty of Waitangi are systematically taken into account in the practice of resource management Policy IR4B Using consultation in the identification and resolution of resource management issues Objective 15 Water, land, coastal and geothermal resources management decisions having regard to iwi and hapu resource management planning documents Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 22

29 Policy IW4B Taking into account iwi and hapu resource management plans Policy IW6B Encouraging Tangata Whenua to identify measures to avoid remedy or mitigate adverse cultural effects Objective 21 Recognition of and provision for the relationship of Maori and their cultural and traditions of their ancestral lands, water, sites, waahi tapu, and other taonga Policy IW2B Recognising matters of significance to Maori Comments: The applicant has recognised the long association that both Ngati Kahu and Ngati Hangarau have with the site. There has been on-going consultation and dialogue with both hapu, including an initial walkover of the site. The recognition of and relationship of both hapu with their ancestral lands is recognised. No sites of significance have been identified by Ngati Kahu and Ngati Hangarau as being present at the location, and appropriate monitoring protocols will apply, particularly to any earthworks which are undertaken. Objective 24 A compact, well designed and sustainable urban form that effectively and efficiently accommodates the region s urban growth. Policy UF 8B: Implementing high quality urban design and live-work principles Policy UF 9B: Co-ordinating new urban development with infrastructure Policy UF 11B: Managing the effects of subdivision, use and development on infrastructure Policy UF 12B: Providing quality open spaces Comment: A detailed urban design process has been undertaken to develop a suitable layout for the proposal and infrastructure is available to service the proposal. Use of open spaces and management of the effects of the proposal through landscaping, screening, building controls, retention of open space and utilization of existing site amenities is proposed to manage the effects of the development. Objective 25 An efficient, sustainable, safe and affordable transport network, integrated with the region s land use patterns. Policy UF 1A: Protecting the national and regional strategic transport network Policy UF 13B: Promoting the integration of land use and transportation Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 23

30 Comment: The proposal does not raise any issues with respect to the transportation network and an existing roundabout will be utilized for access. This fourth leg of the roundabout was planned and designed to be used for future development of the Mills Reef site at the time of construction. Objective 26 Subdivision use and development in the western Bay of Plenty is located and stages in a way that integrates with the long term planning and funding mechanisms of local authorities, central government agencies and network utility providers and operators whilst having regard to the growth plans of relevant industry sector groups. Policy UF 15A: Accommodating population growth through greenfield and residential intensification development western Bay of Plenty sub-region Policy UF 4A: Providing for residential development yields in district plans western Bay of Plenty sub-region Provide for target dwelling yields of dwellings per hectare of developable land within identified urban areas to be achieved in a staged manner by 2051 delivered as follows: Greenfields urban growth areas: An average net yield of 12 dwellings or more per hectare from 1 July 2012, rising progressively to 15 dwellings or more per hectare by 1 July 2037 Policy UF 5A: Establishing urban limits western Bay of Plenty sub-region Policy UF 6A: Sequencing of urban growth development western Bay of Plenty subregion Manage urban development within each identified management area in a way that provides for: The efficient use of land and infrastructure within the immediately preceding growth area stage before the development of the subsequent growth area stage as shown in Appendix C and Appendix D; and Network infrastructure is able to be provided to serve the proposed new growth area of new infill/intensification areas shown in Appendix C and Appendix D. Urban growth area development may proceed in a manner other than sequential growth as per (a) where it can be demonstrated that concurrent development of a substantial growth area stage will provide more efficient use of land and network infrastructure overall and the conditions in (b) are met. For the purpose of this policy, efficient use of land and infrastructure shall include consideration of the matters referred to in Policy UF 10B. Policy UF 8B: Implementing high quality urban design and live-work-play principles Demonstrate adherence to the New Zealand Urban Design Protocol (March 2005) key urban design qualities Policy UF 9B: Co-ordinating new urban development with infrastructure Ensure there is co-ordination between: The urban form and layout, location, timing and sequencing of new urban development; and The development, funding, implementation and operation of transport and other infrastructure serving the area in question; Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 24

31 So that all infrastructure required to serve new development is available, or is consented, designated or programmed to be available prior to development occurring. Comment: The site is within the urban limits under the Regional Policy Statement (Map 10) and has been identified for urban development (pre-2021). The proposal will assist in providing residential dwellings to meet subregional growth needs and exceeds net yield targets under the RPS. Use of the site is efficient, and appropriate infrastructure with capacity to service the site is available or can be provided as part of the development. The proposal has incorporated high quality urban design consistent with the NZ Urban Design protocol. Objective 26A The productive potential of the region s rural land resource is sustained and the growth and efficient operation of rural production activities are provided for Policy UF 18B: Managing rural development and protecting versatile land Policy UF WYB: Managing reverse sensitivity effects on rural production activities in urban areas Comment: Although part of the site has productive potential and is currently used for orcharding purposes, the site s location on the fringe an urban context means that long term reverse sensitivity effects associated with orchard activities are likely to occur, given adjacent residential and commercial uses (including garden centres and childcare). To the north of the orchard area are a number of commercial activities and residential activities and on the north-eastern side of Moffat Road is the existing residential zone. Ongoing rural use of the land is considered to be undesirable. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 25

32 5. Statutory Considerations 5.1 Part II of the Resource Management Act 1991 Whilst the Act s purpose is to promote sustainable management, it is enabling in its nature. The underlying philosophy of the Act is that people should be able to meet their own needs, as long as in doing so they do not compromise the ability of others to meet their needs now and in the future. The Act also provides for appropriate protection to the environment from any actual or potential adverse effects associated with development. The potential adverse effects of the proposal are discussed in Section 6 of this Report. In summary, it is considered that appropriate protection can be afforded to the environment, and that the effects of the proposal will be at levels that are appropriate in the context of the receiving environment. The proposal does not raise any Section 6 and 8 matters. In terms of Section 7, the proposal will be an efficient use of natural and physical resources (S.7(b)) and the detailed design process have ensured that the proposal will retain and enhance amenity values and the quality of the environment (S.7(c) and (f)). Overall, the proposal is considered to be consistent with Part 2 of the Act, providing for the social and economic and cultural wellbeing of future residents of the retirement village and the wider Bethlehem community. Section 88(2)(b) of the Act requires an assessment of environmental effects of the activity in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. An assessment is contained within Section 6 of this Report. Section 104(1) of the Act details the matters to be considered, and includes: - Any actual and potential effects on the environment of allowing the activity; - Any relevant provisions of a plan or proposed plan; - Any other matters the consent authority considers relevant and reasonably necessary to determine the application. Comment: The relevant matters under Section 104 in terms of relevant plan provisions and actual and potential effects are considered in sections 4 and 6 of this Report. 5.2 Section 95 Assessment Section 95D states: Consent authority decides if adverse effects likely to be more than minor - A consent authority that is deciding, for the purpose of section 95A(2)(a), whether an activity will have or is likely to have adverse effects on the environment that are more than minor (a) must disregard any effects on persons who own or occupy (i) the land in, on, or over which the activity will occur; or (ii) any land adjacent to that land; and Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 26

33 (b) (c) of (d) (e) may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and in the case of a controlled or restricted discretionary activity, must disregard an adverse effect the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and must disregard trade competition and the effects of trade competition; and must disregard any effect on a person who has given written approval to the relevant application. Comment: It is anticipated that the determination of any potentially affected party would be made by Council upon receipt of a formal consent application; however, it is considered that the proposal does not create any effects on the environment that are more than minor due to the design and locational characteristics of the development, and the ability to provide for infrastructure. Consultation with neighbours and other parties is addressed in section 5.3 of this report. Section 95E states: Consent authority decides if person is affected person (1) A consent authority must decide that a person is an affected person, in relation to an activity, if the activity's adverse effects on the person are minor or more than minor (but are not less than minor). (2) The consent authority, in making its decision, (a) may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and (b) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity on the person that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and (c) must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11. (3) Despite anything else in this section, the consent authority must decide that a person is not an affected person if (a) the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or (b) it is unreasonable in the circumstances to seek the person's written approval. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 27

34 Comment: It is considered that a decision on notification will be made by the Consent Authority at the time the application is lodged and following a site visit. Consultation has been undertaken by the applicant s representatives with surrounding landowners and neighbours, Ngati Kahu and Ngati Hangarau. The results and feedback from this consultation are outlined below. 5.3 Consultation The applicant s representatives have undertaken consultation with all neighbours surrounding the development on the western side of Moffat Road. A copy of the written approvals obtained from neighbours is included in Appendix I. Written approvals have been received from the following parties: Name Ian and Jacqueline McCutcheson Nigel and Helen Gregory Malcolm and Wendy Bell Rex and Dinese Collins Glen and Sara Stewart Andy Martin Chris and Paula Wyness Jim and Skye Duthie Colin and Heather Hoy Décor Gardenworld (Lois Clark) Décor Gardenworld (David and Virginia Clark) Address 129c Moffat Road 129a Moffat Road 129 Moffat Road 129d Moffat Road 129e Moffat Road 45 St Regis Way 40 St Regis Way 11 St Regis Way 53 St Regis Way 165 Moffat Road 165 Moffat Road Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 28

35 The location of these parties is identified on the map below: Source: Quickmap Written approval has also been obtained from Ngati Kahu and Ngati Hangarau. A copy is included in Appendix I. As a result of discussions with neighbours, a number of modifications to the original proposal have been made and the applicant proposes to incorporate agreed changes to the proposal to address matters raised in consultation with neighbours. These changes have been made in order to obtain written approval from neighbours to the proposal and are therefore adopted by the applicant as Augier conditions, i.e. they form part of the applicant s proposal and are therefore binding. The matters agreed with neighbours are addressed as follows: C and H Hoy, 53 St Regis Way The landform along the Hoy s boundary is to be lowered by at least 1.m and a 1.8m high close boarded wooden fence is to be provided along the boundary. A copy of a letter from the applicant undertaking this is included with the Hoy s written approval (see Appendix I). Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 29

36 D and V Clark, 165 Moffat Road (Décor Gardenworld) The applicant has agreed to provide a close boarded wooden fence to a height of 1.8m along the common boundary with Décor Gardenworld. This requirement forms part of the proposal. A copy of a letter to Mr and Mrs Clark confirming this along with their written approval to the proposal is included in Appendix I. Southern boundary neighbours, 129 Moffat Road A series of meetings have been held with the owners of properties at 129 Moffat Road as follows: GR and S Stewart, 129E Moffat Road IB and JL McCutcheon, 129C Moffat Road RT and DA Collins, 129D Moffat Road MA, WA and GF Bell, 129 Moffat Road As a result of discussions with these neighbours, a number of amendments have been incorporated into the proposal as follows: Building setback from southern boundary The layout of dwellings along the southern boundary now has specified setbacks ranging from 5.978m to 10.29m. These setbacks are shown for dwellings A-F on the plan prepared by Isthmus labelled Southern Edge Layout Concept Plan (reference October ), a copy of which is included in Appendix C Screening A hedge will be provided along the common boundary of the properties to a minimum height of 2.5m. The applicant will also plant a number of specimen trees to assist with breaking the built form of dwellings as viewed from the properties along the southern boundary. The specific group of trees which have been identified by Isthmus Group are marked as 1-10 on the attached plan prepared by Isthmus Group labelled Southern Edge Layout Concept Plan (reference October ). The applicant will be responsible for establishing and maintaining the trees and hedge, and at the time of detailed landscape plan approval, the applicant will consult and implement any further tree planting on the southern neighbours side of the common boundary. It is noted that this will only be necessary if the southern neighbours consider this to be a requirement at the time of development. In preparing a final landscape plan, the applicant is also to consult with the southern neighbours as to the species to be planted. The hedge is to be established to a minimum height of 2.5m and is to be trimmed at the consent-holder s expense twice yearly. The southern neighbours have agreed to make access available to the applicant s gardeners to undertake the required maintenance. Although it is likely to be approximately seven years before development progresses to the southern boundary, the applicant has agreed with the southern neighbours that landscaping and tree planting shall be installed at the start of works on the site to enable sufficient time for the planting to grow to provide sufficient height to assist with screening. As noted above, room to stagger plant on the southern boundary will be up to individual landowners, but the applicant is to consult with the landowners at the time of preparation of the final landscape plan as part of the selection of species and implementation of the planting to confirm whether off site planting is required. Walkway Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 30

37 The perimeter walkway which was originally proposed to run around the southern boundary is rerouted away from the southern neighbours as shown on revised figure 7 (Figure 7 prepared by Isthmus Group, Overall Landscape Concept Plan) included in Appendix I. Building height and restrictions All dwellings along the southern boundary which are marked A-G on the Southern Edge Layout Concept Plan dated October 2014 (reference 3342 prepared by Isthmus Group) will be singlestorey in nature and building colours will be natural tones, with reflectance values in accordance with British Standard BS5252. A copy of this plan is included in Appendix C. The proposed ground level will be set at RL33.8m over this area as shown on the Aurecon drawing DRG-C B Proposed Final Landform included in Appendix F. Buildings A-G shown on the Southern Edge Layout Concept Plan prepared by Isthmus Group dated October 2014 (reference 3342) included in Appendix C shall have a floor level of 34.10m (RL). Maximum building heights for the dwellings shall be as follows: Building A 38.72m Building B 39.21m Building C 38.77m Building D 38.72m Building E 39.02m Building F 39.21m Building G 39.01m A hip end roof shall be incorporated into any pitched roof design for buildings A-G. Dust management The applicant will undertake dust control at the time of any earthworks utilising water carts and/or sprinkler systems which is a requirement of the Bay of Plenty Regional Council for all earthworks consents. Construction times The applicant has agreed with the southern neighbours that once building and construction activity proceeds south of the existing Mills Reef Winery, construction activities will be restricted to 7am- 5pm, Monday to Friday and 8am-noon Saturday, with no construction occurring on Sundays or public holidays. Stormwater connection The applicant is to provide a low capacity connection to the low point on the existing right-of-way servicing the southern neighbours to collect and discharge stormwater from the right-of-way. This stormwater is to be incorporated into the applicant s stormwater disposal system. Hospital The applicant has agreed that there will be no hospital component as part of the resource consent, and none is proposed. Retirement village The applicant has also agreed with the southern neighbours that the activity complies with the definition of a retirement village and no future subdivision of the development is to occur. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 31

38 6. Assessment of Effects 6.1 Permitted Baseline and Controlled Activity Subdivision Development Section 104(2) of the Act provides a discretion to Council (for the purposes of forming an opinion as to actual or potential effects) to disregard any adverse effects of the proposed facility on the environment if the District Plan permits an activity with that effect. This requires an assessment of the adverse effects of a non-fanciful permitted activity that could be established on the application site. If the adverse effects of the proposal can be shown to be the same or no greater than those of a nonfanciful activity permitted by the District Plan, then they may be disregarded. A useful comparison is that under the Tauranga City Plan it is also anticipated that the site can be subdivided (as a Controlled Activity) in a complying fashion with an average of 4000m 2 lots with a minimum lot size of 3000m 2. It is expected that the site could be subdivided into approximately 20 lots. These lots could then be developed for residential purposes with one independent dwelling unit per lot, along with accessory building structures and activities and secondary independent dwelling units. It is credible that a number of these allotments would be developed with large dwellings with high pitched roofs and possibly at two levels (with the ability to build to 3 stories), as experienced in many other parts of the surrounding rural residential environment. Such develop is essentially large lot residential. In terms of setback from neighbours, such buildings could be established up to 1.5m from a side or rear boundary. A 30% site coverage is also permitted, and no planting, landscaping or screening is required. Work completed by Isthmus Group has illustrated what the permitted baseline would enable, particularly in relation to considering the effects on adjacent rural residential properties in terms of the scale, height and setback of buildings in relation to neighbours. Should the site be subdivided in a complying fashion into 3000m m 2 allotments, a 5m setback and landscape planting along boundaries is not required. The visual effects of the proposal on views from neighbouring properties are considered to be less than and are preferable to an anticipated complying rural residential development or development which is permitted. 6.2 Landscape and Visual Effects Although the internal open space character of the site is to change, a considerable number of future residences could be accommodated within the site and will enjoy the amenity of the Mills Reef building and setting in the context of the development. In addition, walkways, planting, gardens and other site landscape features will ensure that residents are able to enjoy the site from within. Many residents will also enjoy the external connections to the wider Bethlehem amenities and these are considered in the Integrated Transportation Assessment (see Appendix E) and the Landscape and Visual Assessment (see Appendix D). The site is predominantly zoned Rural Residential. Dwelling density and impacts on open space is a key characteristic of the Rural Residential zone. Although the proposed activity is primarily residential in character, it maintains and enhances outlook and amenity consistent with Rural Residential characteristics. The proposal will result in the following outcomes: Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 32

39 a) Generous setbacks on all boundaries of the property. A 5m side yard and rear setback and a 15m front yard setback are larger than the 1.5m and 10m equivalents which are permitted in the Rural Residential zone b) Key vegetation patterns will be retained and enhanced, particularly on the Moffat Road boundary in the southwest corner and around the Mills Reef building c) Open space will be retained d) Planting of hedges and trees around the boundary of the site to provide depth and natural character to the view is proposed e) Planting of internal street trees and other amenity plantings will create filtered views through the site and provide a park-like character to the open spaces f) Use of single story house typologies will keep residential development throughout the site relatively low-rise and low key. In conjunction with side yard and front yard set backs, this avoids any potential dominance on the residential buildings from outside the site g) A master plan approach that integrates existing site features with a low key development style and a strong landscape theme A number of specific landscape planting and urban design outcomes have been agreed with neighbours and which are addressed in section 5.3 of this report. A complying residential development could see taller buildings with larger footprints developed much closer to the viewing audience (neighbours) without the retention of the open space or the iconic views to the Mills Reef building. Further detailed analysis including an assessment from a number of viewpoints is included in the landscape and visual assessment prepared by Isthmus Group and which is included in Appendix D. The overall design of the development, particularly the setbacks and extensive planting regime, in conjunction with the selection of low rise, small footprint housing typologies, aims to avoid the visual dominance effects. A park-like entrance and village green creates a large open space inset at the side entrance. This open space inset is over 100m deep from the Moffat Road boundary. The view points and visual simulations included in Appendix D usefully illustrate the levels of change anticipated. In each case, the open space setbacks and proposed planting ensure that the visual effects are less than those which could be anticipated by a complying rural residential development, which may have a lower density overall but could result in larger and taller buildings closer to site boundaries, resulting in a higher degree of visual dominance. The key tree plantings on the Moffat Road boundary around the amenity building and terrace and associated with the Moffat Road entrance and avenue of trees will maintain the existing character of the Moffat Road edge of the site. It is noted that there are some units on the southern side of the Moffat Road boundary which are illustrated as being within the 15m setback from the road. These provide some variation and are countered by the open space in the parkland entrance to the site and the side yard setback that has been achieved at the northern end. Given the flat topography of the existing magnolia plantings on the boundary, this part of the Moffat Road boundary has the greatest ability to absorb any effects of the development being closer to the road boundary. The landscape and visual assessment has outlined and considered the effects of the proposal from a number of viewpoints. The assessment has concluded that from an urban design, landscape and visual effects perspective, there are no adverse effects as a result of the change in the density of the development, or landuse activity that could not be otherwise anticipated through a complying rural residential subdivision and development, and that Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 33

40 any potential adverse urban design landscape or visual effects resulting from the change in intensity and landuse have been largely avoided through the design of the residential village. There are positive effects including the protection enhancement of the open space setting of Mills Reef, and architectural integrity of the Mills Reef building. Open space setbacks on the edges, protection of existing valued trees, and open space within the site, along with new plantings, and controlling use of materials and colours, are specific mitigation measures which have been designed into the proposal. In conclusion, the site can be developed as a residential village in such a way that it protects and enhances the key landscape values and qualities of the site, whilst enabling a large number of people to enjoy the benefits of these. It is considered that the landscape and visual effects, and effects on the rural residential character of the site, are appropriate. 6.3 Servicing Effects Earthworks Some earthworks will be required to develop a final land form which has been designed to level out some of the highs and lows of existing contours. The existing winery and restaurant is located on a hill platform with an elevation of approximately 37m RL and falls away from all sides. The northern area of the site has a plateau of 37m which falls south to the winery and west towards some moderate to locally steep slopes near the western boundary. As part of the urban design philosophy for this site, minimising the movement of soil and the need for earthworks was adopted as a primary consideration. The main consideration in relation to earthworks associated with landform relates to stormwater management, particularly with respect to controlling overland flowpaths. The cut to fill plan included in the Landform and Services Assessment (see Appendix F) shows a maximum cut of 5m in depth on the knoll to the west of the Mills Reef building. The maximum fill is 3.5m to the south east of the building. Total top soil volumes to be stripped are approximately 30,000m 3. The total subsoil to be cut is approximately 90,000m 3. The total fill for the site is approximately 44,000m 3 (solid measure after compaction and settlement). The total volume of material to be removed from the site is approximately 10,000m 3. The bulk earthworks will be the subject of a separate application to the Bay of Plenty Regional Council Water Supply An existing 150mm diameter water main extends along Beaumaris Boulevard and Moffat Road roundabout to the boundary of the site. This water main was sized and installed as part of the Bethlehem Heights development to enable future development of the Mills Reef winery site for residential purposes. It is proposed to extend the water main along internal roading corridors that loop around the site providing hydrants using a combination of mains in accordance with the Council s development code. The lines will include a network of 150mm diameter lines. A single water line will be installed within each corridor Wastewater In a similar fashion to the existing water supply, a wastewater connection was installed at a depth of 4m with a manhole to enable future connection at the Beaumaris Boulevard and Moffat Road Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 34

41 roundabout. The 150mm reticulation line follows the contour of Beaumaris Boulevard to the Beaumaris Boulevard Reserve where it changes to a 255mm diameter, followed by a 300mm diameter before connecting to the 450mm diameter trunk main at State Highway 2, which leads to a large sewage pump station. It is considered that there are no capacity issues associated with the use of this existing sewage connection which is suitable to fully service the development. An assessment has been made of the downstream reticulation allowing for potential infill development within the existing residential area, and other existing connected sites. Based on the development code of 2.7 persons per dwelling, the potential wastewater generation is 6.5L per second peak flow. Because the site is proposed to be used for the purposes of a retirement village, full potential occupancy would likely only occur on rare occasions. Given the 4m depth of the existing connection at Moffat Road, all but five of the dwellings can be provided with a gravity connection. All other dwellings to be serviced with a common pumpstation are to be maintained by the retirement village management Stormwater The site has been divided into two separate catchments. The eastern catchment landform has been adjusted to regulate the post development discharge to reflect the discharge that would occur from the zoned (rural residential) catchment flows. Additionally assessment was made on existing adjoining catchment areas and the overall impact on the existing reticulation network. This indicated that the existing network could readily cope with the proposed 10yr 10min discharge from 3.5ha of developed land. It is proposed to reticulate the dwellings, roading, hardstand areas and carparks to the existing connection manhole at the Moffat Road boundary. Secondary flow is via Beaumaris Boulevard to the stormwater pond in Beaumaris Boulevard Reserve. The western two thirds of the site will fall towards the west. It is proposed to reticulate dwellings, roading and hardstand areas to the existing gully on the south western boundary of the block. This gully extends into the Bethlehem College site and contains a wetland area before discharging via formed drains to the main drain along the Bethlehem College / Parau Farms boundary directly to the Wairoa River. The assessed water quality volume is approx. 1200m 3. It has been agreed with the Bethlehem College Trust that an increase in the capacity of their wetland will acceptable to them and this is the proposed stormwater mitigation for the Vines catchment discharging to the west. The existing wetland has a low bund and outlet pipeline with a timber boardwalk partially over the empounding bund. Raising the existing earth bund will enable a greater volume of stored stormwater to provide the 1200m 3 water quality volume with a slow release over 24 hours to mitigate against the potential contaminants in the stormwater. A specific outlet structure with a slow release outlet will replace the existing outlet. This will still maintain a permanent water level as exists currently. The outlet pipeline from the development would be extended to the existing drain that leads to the wetland currently which is downstream of the access track to the boardwalk. This drain would be increased in size and rock lined as necessary to reduce flow velocities. An additional pre-treatment pond upstream of the existing wetland would be incorporated. This will act as an initial trap for any possible contaminants within the stormwater prior to entering the wetland, thereby providing protection to the wetland. This would also be an easier accessed basin that would enable more regular cleaning out of any possible sediment and potential contaminants that have Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 35

42 collected there, minimising disturbance of the existing wetland. This could be separated from the main wetland by a rock lined weir that enabled flow to trickle into the wetland in a less concentrated manner. The pond would remain at its current water level during dry periods and would only increase in water level and retained storage volume during rainfall events. The stored water would lower slowly over a day as the pond empties, this being part of the stormwater treatment process. Due to the closeness of the final outlet to the harbour and tidal reaches of the Wairoa River, the need to reduce peak flow rates of the larger but less frequent storms is not considered necessary. Overall the existing wetland would remain similar to its existing shape and size, and due to the combination of the low source contaminant type development, with the addition of the pre-treatment forebay, there is not likely to be any significant impact on the existing wetland. The outlet drain through the Bethlehem College land between the wetland and the Bethlehem College / Parau Farms boundary drain will be assessed for capacity and scour for the 2% AEP storm. The Bethlehem College / Parau Farms boundary drain is proposed for upgrade by TCC in their catchment stormwater upgrades associated with the Parau Farms development. Based on the above considerations we are satisfied that the stormwater discharged from this proposed development can be adequately and readily discharged from the site to the receiving environment with the proposed mitigation measures in place. 6.4 Access, Transportation and Parking Effects An Integrated Transport Assessment has been undertaken by Aurecon for the proposed development and is included in Appendix E of this Report. The assessment of transportation effects of the proposal centre on the following: The existing roading network including Moffat Road, Beaumaris Boulevard and the existing intersection and roundabout Traffic volumes generated by the proposal The availability of public transport Any traffic hazards including any crash data for the immediate area Walking and cycling links Trip distribution SIDRA modelling to determine whether there will be any capacity issues or changes required at the Moffat Road roundabout City Plan parking requirements The Integrated Transport Assessment includes the following: Based on the assessment contained within the Report it is concluded the proposed development level of service remains unchanged and that although there will be small increases in average vehicle delay, no mitigation is deemed necessary Parking can be accommodated for each unit on the basis 3-bedroom units, 1.5 spaces per unit 2-bedroom units, 1.2 spaces per unit 1-bedroom units, 1 space per unit Visitors 0.2 spaces per unit Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 36

43 1 HGV bay Each dwelling will accommodate a minimum of two carparking spaces, taking into account the ability to park on site in front of the garage The main Mills Reef winery building will also become part of the village with heavy vehicle parking provided to be retained to be available for the development The crash history for the section of Moffat Road does not indicate there is a safety issue or show any trends around safety. Roundabouts are accepted as a Safe System compliant intersection treatment Pedestrian and cycle movements are provided for through connectivity to the existing footpath network, with additions to the existing footpath to the north by Décor Garden Centre and to the south by the pedestrian refuge being undertaken to complete a north/south pedestrian path on the western side. Connections from this new path can then be made directly to the retirement village pedestrian network All other existing vehicle crossings will ultimately be closed as the development proceeds in a staged manner A construction management plan will be necessary to ensure that all construction traffic movement to and from the site is appropriately managed Overall the proposal can be accommodated within the existing transportation network and there are no traffic safety, efficiently or road capacity effects associated with the proposal which cannot be addressed by engineering outcomes. 6.5 Cultural Effects A review of the New Zealand Archaeological database and Council records has confirmed that there are no recorded archaeological or heritage sites on the land. In addition, the Tauranga City Plan does not identify any significant Maori areas or significant archaeological areas as being recorded on the site. Consultation with both Ngati Kahu and Ngati Hangarau has been undertaken, including a site meeting and walkover and follow up discussions. A copy of the plans for the proposal have also been circulated to Ngati Kahu and Ngati Hangarau for comment and feedback. It is understood from the walkover and discussions that neither group has any significant concerns with the proposal, and that agreed cultural protocols will apply to the development. A copy of Ngati Hangarau and Ngati Kahu written approvals is included in Appendix I. 6.6 Geotechnical and Contaminated Land A Preliminary Site Investigation has been undertaken and is included in Appendix H. The National Environmental Standard (NES) was introduced on 1 September The purpose of the Standard is to provide a set of consistent controls for assessment of contaminated sites across New Zealand. The NES supersedes relevant rules within the District Plan unless they permit or restrict effects not managed by the NES. Under the NES a site is a piece of land. This is a result of identified potentially contaminated activities as a result of historical site uses, which are listed within the MfE Hazardous Activity and Industry List (HAIL). There are five land development activities to which the NES applies and which are summarised in Table 12 of the Preliminary Site Investigation Report (see Appendix H). The previous orcharding Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 37

44 activities are considered to be a HAIL activity, due to the potential presence of heavy metals, pesticides and herbicides. Aurecon have undertaken a contamination assessment, which includes a desktop study review, site investigation, preliminary soil sampling exercise, conceptual model and environmental risk assessment. The results of the preliminary sampling exercise identified some heavy metal and organo-chlorine pesticide concentrations above regional background levels, with one sample from within the existing orchard exceeding human health screening criteria for arsenic. No samples were found to exceed the adopted environmental screening criteria for the site, and no sensitive environmental receptors were identified on or adjacent to the site. The principle contamination risk arises from the current and historic use of the site for orcharding purposes and possibly and/or historic filling. The preliminary samplying indicated isolated hotspots of elevated heavy metals within the existing orchard as well as detectable organo-chlorine pesticides across the site. A detailed site investigation (DSI) is therefore recommended to further characterise and isolate the extent of any contamination. On completion of the DSI a remedial action plan will be required to manage or facilitate the removal of any impacted materials on site such that the site is suitable for its intended use. The geotechnical findings are reported in Aurecon s Geotechnical Assessment Report (Ref GET-R-01, 14 July 2014) included in Appendix G. The investigation was undertaken to assess the suitability of the site for the proposed retirement village development. The investigation comprised a number of deep and shallow CPT and boreholes across the site with a focus to areas along the western and northern boundaries of the site along which comprises significantly sloping ground. The ground investigation identifies a typical sequence of mantling ash deposits (Younger Ash, Rotoehu Ash and Hamilton Ash), overlying Matua Subgroup alluvium and Chimp Formation nonwelded ignimbrite at depth. This sequence is locally overlain across the site by topsoil and areas of non-engineered fill material. The non-engineered fill comprises reworked ash and topsoil mixtures. It is considered likely to comprise site won material from historical cutting, and is located in areas identified by historical photography to have undergone landform development and construction. Specific areas of filling noted by the assessment include: around the Mills Reef Winery building, the central-western boundary of the site and around the buildings/orchards in the northern part of the site. Based on our investigations it was concluded that the site is generally suitable for the proposed development. The following geotechnical conclusions and recommendations are made in respect of the development. Quantitative and qualitative slope risk analysis has determined preliminary setback distances from slope crests based on the preliminary landform design provided. These may require re-assessment where the landform design changes. Where buildings are proposed within the building restriction lines set by Aurecon, specific foundation design will be required by a TCC Category 1 soils engineer. A large embankment (over 7 m high) is currently proposed to be constructed along the western boundary of the site, which presents a number of geotechnical risks. Further detailed investigation is required to inform design of this embankment and finalise slope setback distances for construction. An alternative design approach to embankment construction in this area has been suggested within the GAR. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 38

45 The natural Younger Ash and Hamilton Ash soils are suitable for bearing lightweight structures such as the proposed residential units. Rotoehu Ash soils are not, where exposed at the final landform surface. In addition, non-engineered fill is unsuitable as a bearing layer. Non-engineered fill containing topsoil, organic material or construction waste is not suitable for reuse as engineered fill on site. Further site investigation and close construction supervision may be required to further assess the suitability of non-engineered fill for use as engineered fill. It is anticipated that during the course of the earthworks construction a geotechnical engineer will be required to visit the site to monitor and certify completion of earthworks including subgrade, fill reuse, compaction and specific observations during construction of the embankment. A Geotechnical Completion Report (GCR) shall be prepared on completion of the development. The GCR should include: A factual account of scope and methodology for earthworks undertaken on site, including any deviations from the agreed specification; A record of supervision and inspection history; A record of compliance testing as identified by the earthworks specification; Unit by unit testing to confirm foundation conditions for each building location; Revised building restriction lines (if required); Producer statements for any engineer designed retaining walls; General and specific recommendations for building development on a unit by unit basis; Statement of professional opinion by a TCC Category 1 soils engineer confirming the geotechnical suitability for building development. There are no ground engineering, site contamination or geotechnical constraints which cannot be addressed through the further investigation and design process. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 39

46 7. Conclusions The proposed retirement village as proposed by The Vines at Bethlehem Limited has been assessed as a Discretionary Activity under the Tauranga City Plan. The activity is appropriate in the context of the surrounding environment and the zoning of the site and will result in a high quality retirement village which has been comprehensively planned and designed. The proposal does not compromise the potential of the resource to meet the reasonably foreseeable needs of future generations, and provides for further choice in retirement housing for an aging population. The proposal utilises and integrates the existing Mills Reef facility and has been master planned to a high standard. Any adverse effects of the proposed activity on the surrounding environment are at levels which are appropriate and can be mitigated by design and appropriate conditions. The proposal is in accordance with the sustainable management purpose of the Resource Management Act Although the proposal exceeds the density parameters of the zone, measures have been incorporated to retain the site s existing landscape and amenity values particularly around the Moffat Road frontage. In terms of the contamination issue under the NES, a detailed site investigation (DSI) is recommended to further characterise and isolate the extent of any contamination on the land and to remediate where required at the time of earthworks. We therefore consider that the proposal can be granted resource consent as a Discretionary Activity, subject to appropriate conditions. Project File Appln for Resource Consent_3 March 2015.docx 3 March 2015 Revision 3 Page 40

47 Appendices

48 Appendix A Certificates of Title

49

50

51