kmbt c36402574 rdc engineering dept … · in the matter and in the matter between and before the...

IN THE MATTER

AND

IN THE MATTER

BETWEEN

AND

BEFORE THE ENVIRONMENT COURT

of the Resource Management Act 1991 (the Act)

of an appeal pursuant to Clause 14(1) of Schedule 1 of the Act in relation to proposed changes to the Rotorua District Plan- C042

OWHATIURA SOUTH 5 INC (ENV-20 15-AKL-00003 3)

Appellant

ROTORUA DISTRICT COUNCIL

Respondent

Environment Judge JA Smith sitting alone under section 279 of the Act

IN CHAMBERS at Auckland.

CONSENT ORDER

A. Under section 279{l)(b) of the Act, the Environment Court by consent, orders that:

i. This appeal is allowed in accordance with Annexures A and B to this order.

ii. The appeal is otherwise dismissed.

B. Under section 285 of the Act, there is no order as to costs.

Introduction

1. ·The appeal lodged by Owhatiura South 5 Inc (Owhatiura) sought site specific rezoning

of land in Owhatiura South, part of the Industrial topic (ENV-2015-334-000092). This

consent order resolves the appeal in full and the Industrial topic in part.

2. Lumbercube Ltd (Lumbercube) and the New Zealand Transport Agency (NZTA) gave

notice of their intention to become a part under section 274.

3. On 22 December 2015 the Rotorua District Council filed a joint memorandum supporting

this consent order and signed by all of the pru1ies. The parties have agreed to rezone part

of the site Industrial 1 as originally sought by Owhatiura. They have also agreed to

further site specific policies in the Industrial chapter to allow for mitigation through

landscaping, acoustic fencing and setbacks; to allow for improved pedestrian and cycle

access between zones; and to clarify that timber storage in this zone is permitted.

Changes have also been made to the Residential chapter to allow for improved pedestrian

and cycle access between zones.

4. The Court is making this order under section 279(1)(b) of the Act, such order being by

consent, rather than representing a decision or determination on the merits pursuant to

section 297. The Court understands for present purposes that:

Order

(a) All parties to the proceedings have executed the memorandum requesting this

order; and

(b) All parties are satisfied that all matters proposed for the Court's endorsement fall

within the Court's jurisdiction, and conform to relevant requirements and

objectives of the Act, and in particular Part 2 .

5. Therefore the Court orders, by consent, that the Proposed Rotorua District Plan be

amended as shown in Annexure A underline (for additions) and strikethrough (for

;~~:·r·~~~ -·(j;_:;,;-..._._~ deletions) (with a clean version attached at Annexure B). "-~~~ /..----,~f' ~

\S~J (~:\:-. ·:.::?.~//\ '~ ~ · · s consent order disposes of all of the relief sought in the .appeal in and resolves the · ' I . . . ' l.... . l . • ~;:..\ .; ·.'"·'~ ;: ::< · /..'/?1 ustna top1c m part. ~{%}><: '•;: '· . :,,·~~<·~,,:, -.:-;.::· ~-- ·~:,(:1'. ' -----·· -··' \·.1 (.~ ,., "'·•·'''! C("'r\ ( -.· ,·

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7. The appeal is otherwise dismissed.

8. There is no order for costs.

( l- .

Dated this lf day of January 2016

4.2

4.2.2

ANNEXURE A

(Underline (for additions) and strikethrough (for deletions))

Amend the Proposed Rotorua District Plan as follows:

KEY ENVIRONMENTAL ISSUES

PART 4 RESIDENTIAL

The Design, Layout and Appearance of Residential Sites

The environmental qualities that the community wish to provide should guide the framework of objectives, policies and rules. The residential areas have developed with rules and performance standards that have controlled matters such as building height, yard distances, site coverage, on-site parking and turning, fence height and signage. These controls can be adjusted, or extended depending on the desired outcome. For example reducing yards may allow for a more efficient use of a site, but at the same time there may be an adverse impact on the amenity and privacy of an adjoining site.

The promotion of well designed and safe pedestrian and cycling linkages between neighbourhoods to and from schools and local amenities is also very important to ensure connectivity within local communities. It will also allow for easy access and promotion of nonvehicular modes of transport. This is even more important where t hese activities are separated by st rategic roading corridors.

The importance that government and the community place on the sustainabil ity of new development is reflected in changes to the Building Act, promotion of improvements to insulation and interest in domestic scale renewable energy, for example ......... .. ....... .

4.3 OBJECTIVES AND POLICIES


Ensure the development of the Residential l. zoned portion of land within Lot l. DPS zoz6o (Owhatiura South) provides for a continuous, safe and efficient pedestrian and cycle accessway between Vaughan Road and Te Ngae Road which is designed to meet the principles of CPTED.

4.6 PERFORMANCE STANDARDS

15. Pedestrian and Cycle Accessway

a. Lot 1 DPS 70760 (Owhatiura South)

Before any residential occupation of the Residential 1 zoned portion of Lot 1 DPs

10760, a pedestrian and cycle accessway shall be provided from Vaughan Road

through toTe Ngae Road. The accessway shall be designed to ensure a continuous,

safe and efficient access taking into account CPTED principles.

PART 7 INDUSTRIAL


Industrial Operations

Po li~~ 7.3,2.4 Ensure that any actual or potential off site effects of activities undertaken on the Industrial zoned portion of land within Lot 1 DPS zoz6o (Owhatiura South) on adjacent residential zoned land are mitigated through the imglementation of approj2riate landsca12ing, acoustic fencing and setbacks,

Polic:l£7.3.2.5 · Ensure the develo12ment of the lndustriai1E zoned gortion of land within Lot 1 DPS zoz6o (Owhatiura South) provides for a continuous, safe and efficient pedestrian and ~cle accessway between Vaughan Road and Te Ngae Road which is designed to meet the princiRies of CPTED.

.~. .

I .• • • 1, , ...

i9~.uslri~YA~ti'!l(ti~~ ·} .. : · .. { · · ' .I

16a. Wood or timber storage on Lot 1 DPSzoz6o <Owhatiura .E. South)


2. Yard Requirements

The yards shall be as follows:

a. lndustrial1 and 1E

i. Yards for boundaries adjoining a Residential Zone 10 metres, except for Lot

1 DPSzoz6o (Owhatiura South) where the site specific yards. landscaping,

acoustic bunding and fencing set out in z.6.11.b. apply.

11. Landscaping

lndustrial1 and 1E

a. Where a yard is required under 7.6.2(a)(i) and (ii) and the yard adjoining a

residential or rural zone shall be landscaped with trees and shrubs or fenced in a

manner that will provide a continuous screen of at least :1..8 metres in height in all

seasons, except for Lot 1 DPSzoz6o (Owhatiura South).

b. For Lot 1 DPSzoz6o (Owhatiura South), site specific yards, landscaping. acoustic

bunding and fencing shall be provided in accordance with the following

landscaping plan. Prior to developing and oft he Industrial :I.E zoned portion of Lot

1 DPS zoz6o (Owhatiura South) a pedestrian accessway shall be provided from Te

Ngae Road to the boundary of the Residential :1. zoned portion of the land. The

accessway shall be designed to ensure a continuous, safe and efficient access

taking into account CPTED principles.

20m

Sm

~A \

20m R01

Typical Section B: Vaughan Rd· 0.5 m height for sight visibility within Sm of vehicle entry. Elsewhere includes shrubs for screenlns wfth t rees shown.

PURPOSE

The purpose of the landscaping and acoustic fencing buffer shall be to provide a healthy attractive and effective landscape screen between the indus· t riel and residential zones.

SPECIES SCHEDULE

Nothofagus solandri var Cliffortioides Pittosporum euginoides (tarata) Kunzea ericoides (kanuka) C.rpodetus serratus (putaputawota) Sophora tetraptera (kowhai) Pseudopanax crassifolius (horoeka) Eleocarpus dentatus (hlnau) Cornus capitata (Irish strawberry) Pittosporum sp Acer palmatum (maple· deciduous) Rhododendron sp. tree types Phormiumsp

Alternative apacies approved by ROC

NOTES

Tree spacing to be 10m staggered rows within the 20m strip (Section A) end no more than 10m centres alon& Vaullhan Rd (Section B). Minimum grade P828· 95 or open ground equivalent Trees shaM achieve a height of 2.5m after two years and 3-4m height after 5 years. Trees of good form for species and with healthy growth (not rootbound). Oou· ble/ single stake to support but allow· ing for caliper growth.

Acoustic fence to be wooden closed board fence or any other material ap. pro""" by Council. Any security fencing shall be incorporated into the acoustic fencin& or be on the inside of the land· sea ping.

Other plantinas. lar&er shrubs placed to provide amenity screening for neigh· bours. Groundcovers to achieve full

- - - - ----------- --- - - - -------- cover over (nominal spacing 1 planV

Vauahan Rd Ct.Jl

2sq.m average). Mulch until fully es· tablishod.

Maintenance in perpetuity. Maintain :-----------....,.,------ '7"-- ----------'' at least four times annually to carry

Vehicle access· location

subject to developed design

} ._.: , -.1 I

<~· ,

.:)'

out weed control, remove litter. top up mulches. remove and replace dead plants. trim any hedge sections. prune & deadwood. and generally keep land· scape strip healthy and in accordance

7.8.2 Assessment Criteria for Specific Activities

2. Wood Processing Activities, Truck Stops, Wood or Timber Storage and Motor Vehicle Repair Garages within the Industriall E zone

a. How the hours of operation may conflict with existing residential land uses located

within residential zones.

b. The extent of vegetative screening or landscaping along any boundary adjoining a

residential zone to maintain residential amenity or along any city entranceway.

c. The recommendations in an integrated transport assessment if one is required

under in Appendix 4·

d. Access on-site parking, queuing and turning areas are designed and located to

provide efficient circulation on site and avoid potential adverse effects on adjoining

sites, the safety of pedestrians a~d t he safe and efficient functioning of the road

network.

e. Buildings and activities within the Industrial 1 E zone should present an attractive

visual appearance to passing traffic and in particular avoid:

i. Large featureless building facades facing the city entranceway.

ii. The extent of effects from over dominant illuminated signage within the

site.

iii. The locat ion of the service areas and outdoor storage or wood storage

areas within the front yard setbacks.

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\ IIQI$ 1114\. ~~ N

District Plan

338

4.2

4.2.2

ANNEXURE 8- Clean version

Amend the Proposed Rotorua District Plan as follows:

KEY ENVIRONMENTAL ISSUES

PART 4 RESIDENTIAL


The environmental qualities that the community wish to provide should guide the framework of objectives, policies and rules. The res idential areas have developed w ith rules and performance standards that have controlled matters such as building he ight, yard distances, site coverage, on-site parking and turning, fence height and signage. These controls can be adjusted, or extended depending on the desired outcome. For example reducing yards may allow for a more efficient use of a site, but at the same time there may be an adverse impact on the amenity and privacy of an adjoining site.

The promotion of well designed and safe pedestrian and cycling li nkages between neighbourhoods to and from schools and local amenities is also very important to ensure connectivity within local communities. It will also allow for easy access and promotion of nonvehicular modes of transport. This is even more important where these activities are separated by strategic roading corridors.

The importance that government and the community place on the sustainability of new development is reflected in changes to the Building Act, promotion of improvements to insulation and interest in domestic scale renewable energy, for example .................. .



Policy 4.3.6.5 Ensure the development of the Residential :1. zoned portion of land within Lot 1 DPS 70760 (Owhatiura South) provides for a continuous, safe and efficient pedestrian and cycle accessway between Vaughan Road and Te Ngae Road which is designed to meet the principles of CPTED.


15. Pedestrian and Cycle Accessway

a. Lot 1 DPS 70760 (Owhatiura South)

Before any residential occupation of the Residential 1 zoned portion of Lot 1 DPs

70760, a pedestrian and cycle accessway shall ·be provided from Vaughan Road

through toTe Ngae Road. The accessway shall be designed t o ensure a continuous,

safe and efficient access taking into account CPTED principles.

PART 7 INDUSTRIAL


Industrial Operations

Policy 7.3.2.4

Policy 7.3.2.5

Ensure that any actual or potential off site effects of activities undertaken on the Industrial zoned portion of land with in Lot 1 DPS 70760 (Owhatiura South) on adjacent residentia l zoned land are mitigated through the implementation of appropriate landscaping, acoustic fencing and setbacks.

Ensure the development of the lndustriai1E zoned portion of land within Lot 1 DPS 70760 (Owhatiura South) provides for a continuous, safe and efficient pedestrian and cycle accessway between Vaughan Road and Te Ngae Road which is designed to meet the principles of CPTED.

Table 7.5 Activities in the Industrial Zones

:t6a. Wood or timber storage on Lot 1 DPS7076o (Owhatiura South)

p RD NA


2. Yard Requirements

The yards shall be as follows:

a. lndustrial:t and :t.E

i. Yards for boundaries adjoining a Residential Zone :to metres, except for Lot

1 DPS7o76o (Owhatiura South) where the s ite specific yards, landscaping,

acoustic bunding and fencing set out in 7.6.1:t.b. apply.

11. Landscaping

Industrial :t and :t.E

a. Where a yard is required under 7.6.2(a)(i) and (ii) and the yard adjoining a

residential or rural zone shall be landscaped with t rees and shrubs or fenced in a

manner that w ill provide a continuous screen of at least 1.8 metres in height in all

seasons, except for Lot 1 DPS7o76o (Owhatiura South).

b. For Lot 1 DPS7076o (Owhatiura South), site specific yards, landscaping, acoustic

bunding and fencing shall be provided in accordance with the following

landscaping plan. Priorto developing and of the Industrial :t.E zoned portion oflot

:t DPS 70760 (Owhatiura South) a pedestrian accessway shall be provided from Te

Ngae Road to the boundary of the Residential1 zoned portion of the land. The

accessway shall be designed to ensure a continuous, safe and efficient access

taking into account CPTED principles.

7.8.2

5m

Typical Section B: Vaughan Rd· 0 .5m height for sight visibility within 5m of vehicle entry. Elsewhere includes shrubs for screening with trees shown.

PURPOSE

The purpose of the landscaping and acoustic fencing buffer shall be to provide a healthy attractive and effective landscape screen between the indus· trial and residential zones.

SPECIES SCHEDULE

Nothofagus solandri var aiffortioides Pittosporum euginoides (tarata) Kunzea erlcoldes (kanuka) Carpodetus serratus (putaputaweta) Sophora tetraptera (kowhaij Pseudopanax crassifolius (horoeka) Eleocarpus dentatus (hinau) Comus capitata (Irish strawberry) Pittosporum sp Acer palmatum (maple · deciduous) Rhododendron sp. tree types Phormium sp

Alternative species approved by ROC

NOTES

Tree spacing to be 10m staggered rows within the 20m strip (Section A) and no more than 10m centres elong Vaughan Rd (Section B). Minimum grade PB28· 95 or open ground equivalent. Trees shall achieve a height of 2.5m after two years and 3-4m heiaht after 5 years. Trees of good form for species and with healthy growth (not rootbound). Dou· ble/ single stake to support but allow· ing for caliper growth.

Acoustic fence to be wooden closed board fence or any other material approved by Council. Any security fencing shall be incorporated into the acoustic fencing or be on the inside of the land· scapin&.

Other plantinas. Laraer shrubs placed to provide amenity screening for neiah· bours. Groundcovers to achieve full

--------------- ------- ------ cover over (nominal spacing 1 planV

lLU Vaughan Rd a.::u

2sq.m average). Mulch until ful ly es· tablished.

Maintenance in perpetuity. Maintain ;----------~.,..------...,...---------- at least four times ennually to carry

Assessment Criteria for Specific Activities

out weed control. remove litter. top up mulches. remove and replace dead plants. trim any hedge sections. prune & deadwood. and generally keep rand· scape strip healthy and in accordance

2. Wood Processing Activities, Truck Stops, Wood or Timber Storage and Motor Vehicle Repair Garages within the Industriall E zone

a. How the hours of operation may conflict w ith existing residentia l land uses

located within residential zones.

b. The extent of vegetative screening or landscaping along any boundary adjoin ing

a residential zone to maintain residential amenity or along any city entranceway.

c. The recommendations in an integrated transport ass~ssment if one is required

under in Appendix 4·

d. Access on-site parking, queuing and turning areas are designed and located t o

provide efficient circulation on site and avoid potential adverse effects on

adjoining sites, the safety of pedestrians and the safe and efficient functioning

of the road network.

e. Buildings and activities within the Industrial ~ E zone should present an

attractive visual appearance to passing traffic and in particular avoid:

i. Large featureless building facades facing the city entranceway.

ii . The extent of effects from over dominant illuminated signage within the

site.

iii. The location of the service areas and outdoor storage or wood storage

areas within the front yard setbacks.

...

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District Plan

338

kmbt c36402574 rdc engineering dept … · in the matter and in the matter between and before the...

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