APPLICATION FOR RESOURCE CONSENT 49 & 51 Farm Street

For BestStart Educare

4 May 2020

Table of Contents

Document Quality Assurance ...... 3 1.0 Applicant and Property Details ...... 4 2.0 Introduction ...... 5 2.1 Site and Location Description ...... 5 2.2 Context ...... 6 2.3 Access ...... 6 2.4 Services ...... 7 3.0 Proposal ...... 7 3.1 Childcare Centre ...... 8 3.2 Apartments ...... 9 3.3 Carparking & Access ...... 10 3.4 Non-complying elements ...... 11 4.0 Activity Status ...... 11 4.1 Activity Status in the City Plan ...... 11 4.2 Activity Status of Mixed-Use Development ...... 11 4.3 Activity Status of the Childcare Centre ...... 12 4.4 Overall Activity Classification ...... 12 4.5 General Performance Standards ...... 13 5 Assessment of Environmental Effects ...... 15 5.1 Scope of Environmental Effects ...... 15 5.2 Residential Amenity ...... 16 5.4.1 Bulk and Scale ...... 16 5.4.2 Privacy ...... 17 5.2.2 On Site Amenity ...... 17 5.2.3 Off Site Amenity ...... 17 5.2.4 Bike and Bin Storage Area ...... 18 5.3 Landscape and Visual Assessment ...... 18 5.5 Transportation Assessment ...... 19 5.5.1 Carparking ...... 20 5.6 Acoustic Assessment ...... 20 5.7 Services/Stormwater ...... 21 5.8 Assessment of Environmental Effects Conclusion ...... 21 5.9 Urban Design Protocol Assessment ...... 22

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6.0 Statutory Assessment ...... 24 6.1 Objectives and Policies Assessment ...... 24 6.2 Regional Policy Statement ...... 30 6.3 National Policy Statement Urban Development Capacity ...... 31 6.2 Part II of RMA ...... 32 6.4.5 Section 104B of RMA ...... 33 7.0 Notification ...... 33 8.0 Conclusion ...... 34 Appendix 1 – Certificate of Title ...... 35 Appendix 2 – Application Plans ...... 36 Appendix 3 – Landscape Plan...... 37 Appendix 4 – Transportation Assessment Report ...... 38 Appendix 5 – Engineering Servicing Report ...... 39 Appendix 6 – Land Use Assessment of Farm Street ...... 40 Appendix 7 Acoustic Assessment ...... 41

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Document Quality Assurance

Status: Version 1

Use and Reliance

This report has been prepared by Momentum Planning & Design Ltd (MPAD) on the specific instructions of our Client, BestStart Educare Ltd. It is solely for our Client’s use for the purpose for which it is intended in accordance with the agreed scope of work. MPAD does not accept any liability or responsibility in relation to the use of this report contrary to the above, or to any person other than the Client.

Any use or reliance by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or responsibility is accepted by MPAD for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source.

Prepared by: Tim Walton, Planner/Landscape Architect

Reviewed and Richard Coles, MNZPI Approved by: Director, MPAD

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1.0 Applicant and Property Details

The details of the applicant and the site are as follows:

To: Tauranga City Council

Applicant’s Name: Best Start Educare NZ

Site Address: 49 & 51 Farm Street, Bayfair

Legal Description: Lot 71, DPS 8914 & Lot 72, DPS 8914

Site Area: 1620m2 more or less

District Plan Zoning: Suburban Residential Zone

Designations / Limitations: Subject to Section 206 Land Act 1924

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2.0 Introduction

This application seeks resource consent for a Discretionary Activity to establish a two-storey mixed- use development at 49-51 Farm Street, Mount Maunganui, containing a childcare centre on the ground floor level, and four residential apartments on the first-floor level.

2.1 Site and Location Description

The subject site is situated on combined existing sites of 49 and 51 Farm Street, located opposite the Bayfair Shopping Centre in Mount Maunganui. The site is zoned Suburban Residential in the Tauranga City Plan and has a total site area of 1620m2. The site is legally described as Lot 71 and Lot 72 Deposited Plan South Auckland 8914.

The existing property at 51 Farm Street contains one 1960’s built single-storey dwelling currently occupied by the childcare centre, with a roll capacity of 49 children. The site at 49 Farm Street is vacant aside from concrete driveway remnants leading to the old house site on the section.

The pattern of development surrounding the site is characterised by independent dwellings on large and/or subdivided lots, occupied either by residents or small businesses. The site is within walking distance of Baywave Aquatic and Leisure Centre, Arataki Park, Omanu beach and several other commercial and service activities in the area.

Figure 1 – Aerial image of 49 & 51 Farm Street – 2019 (TCC GIS)

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2.2 Context

The neighbourhood surrounding the site can be described as having mixed commercial and residential character. The properties adjoining the site along the north boundary are residential dwellings with access to Leander Street.

Commercial activities surround the site on Farm Street including a medical centre adjoining the west boundary of the site, a chiropracting business adjoining the east boundary of the site, and Bayfair shopping centre opposite the site. There are several other commercial activities near the site on Farm Street, including a veterinary clinic, hairdresser, recruitment consultancy, learning academy and swim shop, see Figure 2, Land Use Assessment below. The west end of Farm Street is predominantly residential in character.

The building typology on Farm Street includes single-storey and two-storey dwellings containing residential and commercial activities, purpose built commercial buildings, and the Bayfair Commercial shopping complex. The Bayfair Commercial complex extension has to some extent changed the character of the area to have a significantly greater commercial focus as a regional shopping area.

Figure 2– Land use assessment for the surrounding neighbourhood.

2.3 Access

Independent vehicle access is provided to 49 and 51 Farm Street. 49 Farm street has a 3-metre-wide driveway on the western boundary of the site. 51 Farm Street has a 7-metre-wide vehicle crossing providing access to the childcare centre.

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A pedestrian crossing is located in front of the site on Farm Street and provides access through the Bayfair carpark to the entrance of the shopping mall. A bus depot is located next to the pedestrian crossing and buses on route to Tauranga CBD stop there every 15-30 minutes during the day.

2.4 Services

Reticulated water services are accessed from Farm Street and a wastewater service line is located on the northern boundary of the site. Civil specifications are provided in the Engineering Servicing Report prepared by Vitruvius in Appendix 5.

Figure 3 - Water line (blue), stormwater line (green) and wastewater line (red) reticulated on site (TCC MAPI)

3.0 Proposal

The proposal is to establish a two-storey mixed-use development containing a childcare centre on the ground floor level, and four residential apartment units and an administrative office for the childcare centre on the first-floor level.

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Figure 4 Proposed Site Plan

The proposed building footprint is 533m2 and centrally positioned on site. On-site carparking is located on the frontage to Farm Street on the south side of the building. The north side of the building is reserved for outdoor play use by the childcare centre.

The building design will have greater bulk than conventional residential dwellings on Farm Street, however it will be consistent with the scale of buildings typically established through the comprehensively designed consenting pathway. The bulk of the building is mitigated by using different cladding materials and balcony recesses that help modulate the building and reduce the perceived bulk and scale of the building. The building is therefore comparative to other non- residential buildings on Farm Street.

3.1 Childcare Centre

The childcare centre will occupy 426m2 of the ground floor level of the building and 60m2 on the first- floor level containing an administrative office. The childcare centre will have capacity for up to 95 children and 14 Full Time Equivalent staff. The childcare centre layout consists of three large rooms, containing up to 83 children ranging between 2-4 years old, and a smaller room containing up to 12 under 2-year olds. Childcare ancillary rooms on the ground floor level include a manager’s office, kitchen, storeroom and 5 bathrooms. The administrative area on the first-floor level contains a staff break room, non-contact room and 11m2 of decking/balcony facing east.

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Figure 5 Childcare care floor plan

The proposed childcare centre is set to replace the existing BestStart childcare centre at 51 Farm Street. Beststart will expand their existing roll capacity from 49 children to 95 children when moving into the larger childcare centre. The new childcare centre has been purpose-designed for childcare activities, and is a significant improvement compared with existing childcare centre facility. The proposal will include 490m2 of outdoor play space, with an average of 5.2m2 nett outdoor area per child. The design contains a 2-metre-high acoustic fence providing acoustic and visual barriers around the perimeter of the site, see the architectural Application Plans in Appendix 2.

The childcare centre is an existing consented activity for the site; however, relocation and expansion of the existing childcare is deemed to have a greater effect on the receiving environment than has been previously consented for. Therefore, the activity is considered Discretionary for the purpose of assessing the full extent of the activity on the surrounding environment.

3.2 Apartments

The proposed residential apartments on the first-floor level of the building include 3 two-bedroom apartments and 1 studio apartment. Each apartment includes a kitchen/dining area and living room, laundry and two bathrooms (1 bathroom for the studio). The floor area of each apartment ranges approximately between 80m2 to 105m2. One enclosed garage carpark is provided per apartment unit and will be accessed individually from the carpark.

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Figure 6 First floor plan containing apartment units

Access to the apartment units is via separate front entrance to the childcare centre. The apartment lobby is located on the ground floor level adjacent to the childcare centre and access to the apartments is provided by a private lift or a flight of steps from the lobby.

Each apartment is provided with a private deck located the north/north-west side of the building. The deck sizes range between 10.9m2 to 14.4m2 and are recessed into the bulk of the building to create private outdoor areas for each apartment. Each deck receives direct sunlight during the day and provides outlook above neighbouring properties. Opaque glass deck balustrades screen views of the outdoor area from neighbouring properties and restrict views into the childcare centre play area and neighbouring back yards.

The decks provide an average of 12m2 outdoor living to each apartment unit, consistent with similar higher density developments located throughout Mount Maunganui. The shortfall of outdoor living space provided to the apartments is supplemented by the number of high-quality amenities nearby, including Omanu beach, Arataki Park and Baywave pool complex, this is discussed further in the Assessment of Environmental Effects (AEE). The density level of the proposed development is greater than what can be expected for the Suburban Residential zone, and it is therefore considered a discretionary activity in this resource consent application.

3.3 Carparking & Access

The proposal includes 19 on-site carparks for childcare staff and visitors, and 4 enclosed garage carparks for residents. The carparks are located on the south side of the building adjoining Farm Street.

Two separate vehicle crossings allow vehicles to enter and exit the site at different locations to prevent congestion on Farm Street. They will be located where the existing crossings are located on site. The existing vehicle crossing to 51 Farm Street will be reduced in width to 3 metres and the kerb and road

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berm reinstated to achieve this. No parking yellow lines will be marked on the road next to the new vehicle crossings to ensure safe sight lines in and out of the site are maintained.

The proposed number of carparks and manoeuvring space is consistent with Chapter 4 Transport Provisions in the Operative City Plan (see Appendix 2 Application Plans).

3.4 Non-complying elements

The proposed density for the mixed-use development is non-compliant for the Suburban Residential Zone under Section 14A of the City Plan, and the proposal is therefore assessed as a discretionary activity in this consent application. Further non-complying elements of this consent proposal relate to the streetscape and outdoor areas in the design that are inconsistent with the Suburban Residential Zoning rules. These non-compliances are highlighted within the 4.2 General Performance Standards.

4.0 Activity Status

4.1 Activity Status in the Tauranga City Plan

The site is located in Tauranga City Plan’s Suburban Residential Zone (see zoning map in figure 2 above). The following extract from the City Plan details the purpose of Suburban Residential Zone.

The purpose of the Suburban Residential Zone is to provide for low density suburban residential development in a wide variety of locations across the City in the form of low, generally one to two storey detached dwellings (although with careful design more stories could be accommodated) with a high ratio of on-site open space to building. In keeping with the nature of a lower density environment there is an expectation of a high level of private on-site amenity and leisure opportunities provided for through the regulation of on-site private open space.

… Provision is made for the consideration of medium density development in the Suburban Residential Zone through the consent process. Acknowledging that medium density development introduces a range of possible effects, specific policy guidance sets out the considerations for this development to ensure that the integrity of the Suburban Residential Zone is maintained. The Plan anticipates that medium density development will occur as comprehensive development in the Suburban Residential Zone.

4.2 Activity Status of Mixed-Use Development

The proposal falls within the definition of “mixed-use” development as defined in Chapter 3 of the City Plan;

Mixed-use - A single comprehensive development incorporating both residential and business activities.

Mixed-use development is addressed in Chapter 14 of the District Plan, under Section 14A Purpose of the Residential Zone;

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Policy 14A.1.1.4 Urban Form and Intensification in the Residential Zone, residential intensification shall be undertaken in a comprehensively designed manner that has regard to several policies, including…

f). the potential for mixed-use development within commercially zoned neighbourhood centres and town centres.

The proposed site is located on the fringe of the Bayfair commercial zone and can satisfy several provisions under Policy 14A.1.1.4, including:

a). The identification of areas through dedicated zoning that addresses the cumulative environmental effects of higher density residential development

b). The integration of higher density development with efficient movement of people within the transport network

c). Direction of higher residential densities towards nodes of greater activity, (including employment and recreation), and areas of amenity that offset the reduction in open space and recreation opportunities from that found in lower density suburban residential environments

d) Consideration through the resource consent process of medium density residential development against the direction provided in 14B.1.3.2 - Policy – Density of Development - Medium Density Development in the Suburban Residential Zone

e) Providing a minimum average nett yield of 20 dwellings per hectare within any identified intensification area.

The objectives of urban form and intensification in the Residential Zone are discussed further in the Assessment of Environmental Effects and Statutory Assessment of Objectives and Policies. The site is not commercially zoned and therefore mixed-use development will be assessed as discretionary within the Suburban Residential Zone in this consent application.

4.3 Activity Status of the Childcare Centre

The proposed childcare centre activity falls within the definition of a “childcare” and “school” as defined in Chapter 3 of the City Plan;

Childcare - The supervision of children for financial gain, not meeting the definition of home based childcare.

School – Land and/or buildings used to provide regular instruction or training of children including pre- schools, childcare facilities, primary, intermediate and secondary schools, work skills training centres, outdoor education centres and sport training establishments, and their ancillary administrative, cultural, health, recreational or communal facilities. This term excludes tertiary education premises and home based childcare.

Under Table 14B.2.1 schools, a childcare centre is a discretionary activity within the Suburban Residential zone.

4.4 Overall Activity Classification

The overall activity classification of the combined residential and school activities in the mixed-use development proposal is classified as a Discretionary Activity. Tauranga City Council therefore has full

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discretion in considering the environmental effects associated with the proposal and can either grant or refuse consent on this basis.

4.5 General Performance Standards

The following table sets out how the proposal performs against relevant performance standards of the City Plan.

Standard Performance Compliance 14B.3.1 Residential Suburban Residential: 1 Complies with Medium Density Development Density independent dwelling unit per 325m2 of nett site area. The proposal is a comprehensively designed development containing Medium density development 4 independent dwellings and a will occur as comprehensive childcare centre on 1620m2 site development in the Suburban area, the density is greater than Residential Zone. Medium 200m2 gross site area per density provides for a range of apartment unit. densities at a minimum of one independent dwelling unit to 200m2 of gross site area.

14B.3.2 Building Height 9m, except within the Medium Complies Rise Plan Area of the Suburban The proposed building height is Residential Zone where the 7.2m. See Appendix 2 Application maximum height of any Plans. building shall be 12m.

14B.3.3 Streetscape Permitted Setback Intrusions Does not comply on a site with a frontage to a The proposed building will legal road shall be setback encroach into the Streetscape from the road boundary of the setback, on-site carparking begins site as follows: 0.8 metres from the boundary i) 3 metres with Farm Street road reserve. iii) The provision of on- site parking shall not be located within the required streetscape setback.

14B.3.4 Setbacks All buildings shall provide the Complies following setbacks from a side 5 metres is the proposed building or rear boundary: setback from the nearest site i) A minimum of 1.5 metres boundary. from a side or rear boundary 14B.3.6 Overshadowing b) A building may penetrate Complies the overshadowing envelope The proposal does not penetrate if, prior to the building works the overshadowing envelope. See relating to the encroachment Appendix 2 application Plans.

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being undertaken, the written approval of those property owners and occupiers whose properties adjoin the proposed non-compliance has been obtained and is clearly endorsed on all relevant building plans or other plans that show the encroachment. 14B.3.7 Site Coverage The maximum site coverage in Complies the Suburban Residential Zone Site coverage for the building shall be: proposal is approximately 32% of a) 45% of the nett site area for the nett site area. sites of 500m2 nett site area or greater; b) 55% of the nett site area for sites of less than 500m2 nett site area.

14B.3.9 Access The maximum number of Complies independent dwelling units, 3-metre-wide separate entry and homestays or shared exit points are provided for vehicle accommodation that can be access onto Farm Street. This served by private right of layout permits one-way vehicle ways, private accessway or throughway on-site to reduce legal access lot shall be; traffic congestion. i) 3-4 independent dwelling units; 3m minimum legal width with a 2.5m minimum seal width. ii) 5-12 independent dwelling units; 6m minimum legal width, with a 5.0m minimum seal width provided that the shared access is constructed to allow 2 vehicles to pass within its boundaries

14B.3.10 Outdoor Living Each independent dwelling Does not comply Area unit shall be provided with an The proposal provides outdoor living area which independent outdoor living areas shall; to each apartment as a balcony i) Be for the exclusive use of with an average area of 12m2 per the independent dwelling unit; unit. The balance of outdoor space ii) Comprise a continuous is not provided at ground floor minimum area of 50m2 that level as it is required for includes an area with carparking and the childcare outdoor play area. Outdoor

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minimum dimensions of 4 amenity is supplemented by metres by 3 metres; nearby Huia Street Playgound, 1) either be provided at Arataki Park and Omanu beach. ground floor level or; 2) as a balcony with a minimum area of no less than 12m2 with the balance provided at ground level;

Appendix 4A: General 2 spaces/unit is required on Complies - 1 garage space per Minimum On-Site Parking site. unit, 5 spaces exclusively for and Loading Requirements childcare staff and 14 spaces for Pre-schools and Day care: 1 visitors and staff (23 in total). space/10 pupils, 1 staff space/20 pupils 4E.2.1 Noise Daytime - 50 dBA Leq The acoustic assessment prepared Night time - 40 dBA Leq by Earcon Acoustics determines that acoustic fencing along the northern, western, and eastern boundary of the site will limit noise levels at the neighbouring properties to 2-3dB above district plan requirements (50dB). This is considered to be less than minor effect, where 2dB is an inaudible difference and 3dB is a barely discernible difference to human hearing.

4D.2.3.2 Permanent Signs Maximum 1 per site; or 2 Complies in Residential Zones number per frontage The proposed childcare signage for schools measures 1980mm by 780mm = Maximum 4m 1.54m2. Height Maximum 1m2 or 1m2 per The permitted signage area for a Sign Area 25m of road school activity is 3m2 frontage, up to 3m2 per sign for schools Location Anywhere within the site

5 Assessment of Environmental Effects

5.1 Scope of Environmental Effects

In accordance with the rule 14B.2.1 Activities in the Suburban Residential Zone, the Council has full discretion to consider any activity in the Suburban Residential Zone. The overall activity classification for this mixed use residential and childcare development is a discretionary activity. With the above in

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mind, the following assessment addresses the effects resulting from the breach of non-complying performance standards on the following environmental conditions relevant to this proposal:

• Residential Amenity • Landscape and Visual Assessment • Transportation Assessment • Services/Storm Water • Noise • Urban Design Protocol

5.2 Residential Amenity

The Resource Management Act defines amenity values as “those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes”.

Farm Street and the wider Bayfair area has changed dramatically over the last two decades, with an extension to the Bayfair Shopping centre and a significant amount of infill development. There have been several non-residential activities established along Farm Street creating a varied residential and quasi commercial character.

The Eastern end of the street toward Bayfair is commercially developed and has several non- residential uses in the Surburban Residential Zone. The result is various building forms and styles of dwellings and non-residential buildings that provide a contextual fit for the proposal. This can be seen on the land use activity plan in Appendix 6.

The proposed mixed-use development optimises the full extent of the site and provides a state-of- the-art childcare service to the local community, including increased capacity and greater employment opportunities. The combination of childcare and residential activities creates a mixed-use character consistent with its location immediately adjacent to the Bayfair Shipping precinct.

Co-siting residential apartments on the same site as the childcare centre helps maintain residential character of the street. Passive surveillance of Farm Street is a contributing factor of the first-floor apartments to the community. This is a positive outcome in maintaining and enhancing residential character of the street.

5.4.1 Bulk and Scale

The building bulk and scale of the proposed building has been designed to comply with the yard setback, overshadowing, and height performance standards of the Suburban Residential Zone. The two-storey design is not inconsistent with other residential buildings on Farm Street or the Bayfair Shopping Centre, which is opposite the site and several storeys high, albeit setback from the street.

The overall floor area of the building is similar in character to those commercial activities in close proximity to the site. The modulated form and use of mixed cladding material help to break up the bulk of the building. This is further helped by generous setbacks from the northern, western and Farm Street boundaries. This can be seen on the perspective drawings and elevations as prepared by Design Network.

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Taking into account compliance with the permitted activity standards relating to the bulk and scale and the sympathetic architectural design, which includes modulation and use of mixed cladding materials, the proposal is considered to have acceptable effects and not dominate either the street or adjacent residential properties.

5.4.2 Privacy

The are two aspects of privacy relevant to this application. The privacy between the childcare centre and the residential apartments above, and privacy between activities on site and adjoining residential properties.

The childcare centre is located primarily at ground level and due to the inclusion of acoustic boundary fencing at 2.0 metres in height and restriction of climbing equipment height of 0.8m off the ground, the privacy effects are considered acceptable between the play area and adjacent residential sites. There are no two storey dwellings adjacent to the site. Towards the front boundary, privacy relates to staff and parents arriving and dropping off children and collecting them at the end of the day. These effects are confined to the hours of 7am to 6pm and do not occur on weekends. Landscape planting on the site and fencing help to mitigate the loss of privacy from the adjacent commercial properties to the east and west.

Privacy is also important between the childcare centre and residential apartments. The recessed design of the apartment outdoor living spaces maintains an element of privacy for the occupants from their neighbours by creating a setback. Opaque glass deck balustrades prevent views of the apartment units from the childcare centre and neighbouring properties below. The 5m building setback and 2m high perimeter fence will restrict views from inside the apartment onto neighbouring properties.

Only 3 apartments outdoor living areas face north, with the other apartment facing west. As the application site covers two full sized residential lots (1620 m2 in total) the proposal has less habitable rooms facing north than could otherwise be established as a permitted activity, due to the length of the sites northern boundary at 36m. Taking into account these baseline effects and the modulated architectural design, the effects on residential privacy area considered to be acceptable.

Overall, the effects on residential privacy is acceptable

.5.2.2 On Site Amenity

On-site amenities include exclusive 12m2 outdoor deck areas for residential units on the second-floor level with north-facing aspects. The childcare centre is provided with a 476m2 outdoor play area, which is unused when the child centre is closed during evenings. While this is not a useable amenity space for the apartment residents it does provide an outlook to open space which will be maintained by the childcare centre. This contributes to the pleasantness of the living environment of the apartments, and an open pattern of building development and separation consistent with the surrounding neighbourhood.

5.2.3 Off Site Amenity

Several off-site amenities are located nearby, including Bay wave Aquatic Centre and Arataki Park 300 metres to the east, Omanu Beach 700 metres north, and Bayfair Shopping Centre directly opposite the site. The proposal is well-supplemented in close proximity to these amenities and therefore the

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effect of reduced outdoor area for the apartments is considered minor and is assessed under 5.9 Urban Design Protocol Assessment.

5.2.4 Bike and Bin Storage Area

There is screened outdoor storage provided for 6 x 240 litre rubbish bins (See Landscape Plan Appendix 3), 1 per apartment and 2 for childcare centre, in the north east corner of the carpark next to staff parking. Rubbish bins are moved onto the street before 7.30 am on Mondays and returned to storage after childcare hours. Staff parks will be empty outside of childcare operating hours.

The bicycle rack for the childcare centre is located next to the rubbish bins. It includes a 1-metre-high, 5-metre-long metal rail to lock 3-4 bikes against. The bike rack is primarily for childcare centre staff and visitors, as residents are provided with garage space to store bikes. Staff parking will be considerate of providing room for cyclists to collect their bikes, which can be monitored in the traffic management plan provided in the Transportation Assessment in Appendix 4.

5.3 Landscape and Visual Assessment

The proposal is considered a contextual fit with the current mixed-use arrangement of residential and commercial buildings along Farm Street. It is appropriate in terms of scale, bulk and height, consistent with permitted two-storey buildings in the Suburban Residential Zone. The design is intended to integrate residential and school activities in an architecturally responsive building form suited to the existing mixed-use environment on Farm Street.

The building bulk is broken up through several architectural features, including use of several cladding materials, decking recesses and avoiding long linear blank walls. The use of organic cladding materials such as the wood panelling help create an architectural aesthetic that responds positively to the street scene.

A landscape plan has been prepared for the street frontage in Appendix 3 to soften the visual impact of the proposal as viewed from Farm Street. The landscape plan includes:

- Tree and hedge plantings screening the street frontage from the building to soften noise and partially screen views of Farm Street - Pedestrian pathways providing safe access to the building entrance for children and residents - A variety of plant species (native and exotic) contributing to the residential amenity and improving streetscape at the commercial end of Farm Street - 2-metre-high acoustic timber fencing has been included around the perimeter of the site to reduce noise effects on neighbours - A mix of paving materials to visually break up the car park and pedestrian area.

The childcare ‘playscape’ at the rear of the section will include natural features and play features that will create visual amenity for the second-floor level apartments.

The car parking located within the front yard is consistent in location and layout with neighbouring commercial properties, including the on-site parking located at 45 Farm Street, 47 Farm Street (rear parking), 61 and 65 Farm Street. Specimen tree plantings at 4-5 metre spacing along the road boundary help to break up the view of the carpark from the street, and hedge planting between the carpark and footpath also helps screen the paved surface from the street. Views over the hedge between the footpath and the carpark will be retained for pedestrian safety purposes.

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Pedestrian crossing painting will be used to delineate where the crossing is located in the on-site carpark. The crossing extends from the pedestrian crossing on Farm Street to the front entrance of the apartment and childcare centre. Vehicles will give way to oncoming pedestrians before crossing the paving, checking for children and adults exiting the childcare centre and apartments.

Childcare centre signage includes a 1.54m2 freestanding sign facing Farm Street and three small traffic signs labelled ‘entry’, ‘exit’ and ‘no exit’ located at each of the vehicle crossings for safety measures. The location of the signs are identified in the application plans. The total area of signage is less than 3m2 which is the permitted area for school activities. The signs do not need to be illuminated. Considering above, the proposed signage will have a less than minor effect on the Farm Street environment.

In summary, the landscape and architectural design ensure the proposal is a contextual fit for the surrounding environment and effects relating to visual amenity are considered to be less than minor.

5.5 Transportation Assessment

A transportation assessment report for the site has been prepared by Harrison Transportation and is included in Appendix 4. The report has assessed traffic safety objectives and requirements and concludes that the mixed-use proposal can be readily accommodated within the local transportation environment surrounding the site.

The expected increase in daily traffic generation, when compared to the existing childcare, has been assessed at 209 veh/day, with an increase in peak hour traffic generation of 66 veh/h. Approximately 50% of traffic is expected to travel to and from the north with 50% to and from the south, increasing the daily traffic on Farm Street by approximately 105 veh/day. This represents an increase in daily traffic of approximately 2% which is assessed as negligible. Any effects of the increase are also assessed as negligible.

Site distances from the proposed vehicle crossings are determined to be in excess of 60 metres, as determined in Table 9 of the report, and shown in photographs 6 and 7 from the report below. Unobstructed site lines of Farm Street and the pedestrian environment are therefore available. The traffic engineer has assessed that power poles located adjacent to each of the vehicle crossings do not restrict visibility of oncoming traffic.

Figure 3 Sight line photographs from the Transport Assessment prepared by Harrison Transportation

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Speed bumps are proposed in the entry and exit to the site in the carpark plan to ensure vehicles slow down to a near complete stop before continuing to or off the site. On-site speed limit will be restricted to 10km/h for pedestrian safety and allows more time for drivers to assess pedestrian movement before entering and exiting the carpark.

5.5.1 Carparking

The proposal includes 19 on-site carparks for childcare staff and visitors, and 4 enclosed garage carparks for residents. The carparks are located on the south side of the building adjoining Farm Street. The transportation assessment report confirms the proposed parking layout is generally in accordance with City Plan car parking standards and provides a functional layout.

The non-compliance of parking within the 3-metre setback is considered appropriate due to the large area required to provide enough childcare carparking. The layout is consistent with several other properties on Farm Street that also provide carparking within their front setback. The street frontage will be softened by 0.5m – 2.0m planting strip shown in the Landscape Plan in Appendix 3.

The transportation assessment report includes a draft traffic management plan in order to minimise potential overflow parking demand. The management plan will be used to organise the arrival and departure times of children to be spread to reduce peak parking demand during morning and afternoon peaks. Staff shift times are also managed to minimise staff parking on-site during peak hours of the day to mitigate overflow. Parking on Farm Street or in Bayfair shopping centre will be discouraged, unless for unforeseen circumstances, on-site car parking is full. The complete draft traffic management plan is included in the appendix of the Transportation Assessment.

Taking the above into consideration, effects resulting from the carparking overflow and setback non- compliance have been appropriately mitigated and are not out of character with the surrounding area, therefore car parking effects are considered less than minor.

5.6 Acoustic Assessment

An acoustic report has been prepared by Earcon Acoustics and is included in Appendix 7. The report establishes if noise generated by the proposed childcare centre complies with the City Plan, and if acceptable internal noise levels can be achieved for the first-floor apartments.

The report determines that acoustic fencing along the northern, western, and eastern boundary of the site will limit noise levels at the neighbouring properties to 2-3dB above district plan requirements. This is considered to be a no more than minor effect, where 2dB is an inaudible difference and 3dB is a barely discernible difference to human hearing. In order to further reduce noise received at neighbours’ boundaries, 2-metre-high solid acoustic fencing with a density of 10kg/m2 is proposed around the boundary of the site. Climbing equipment will be restricted such that children are able to stand at a height of 0.8m off the ground. Climbing equipment will not be located near any acoustic fences in order to stop children shouting over the acoustic fencing. The recommendations of the report are to be incorporated into the detailed design of the proposal.

The childcare centre activities are limited to work hours, 7.30am-5.30pm, Monday to Friday. Based on the proposed building construction, the internal noise generated from children playing inside will readily comply with the District Plan noise limits at all neighbouring properties. The neighbouring

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properties to the east and west of the site are established commercial activities, and therefore the effect of noise on residential amenity is considered less than minor.

The recommended internal noise levels of the first-floor apartments will be met based on proposed building construction and materials, and with alternative ventilation provided. A suspended ceiling is proposed with materials to help absorb noise (See architectural plan detail). This includes ventilation systems within the building to allow for windows to be closed at noisy times during the day.

The report identifies noise in the outdoor areas from traffic without mitigation is anticipated to be below 55 dBA Leq based on the location and proximity of the carpark in relation to the residential units on site and adjoining residential properties. The bulk of the proposed building is centrally positioned on site and is surrounded by acoustic fencing to reduce the impact of traffic noise on residential properties north of the site. By employing the mitigative measures identified in the acoustic report, it is considered the impact of childcare noise on surrounding residential activity is less than minor.

5.7 Services/Stormwater

A design services report has been prepared by Vitruvius and is included in Appendix 5. The report describes the proposed servicing of the development and includes engineering drawings. A Cirtex Rainsmart System is identified as a suitable stormwater soakage system for the site, capable of soakage volume for the Tauranga City Council 10-year design storm event based on climate adjusted rainfall intensity estimates. Supporting calculations and documentation has been provided by the Engineer in an email included in Appendix 5.

The increase in impervious services in the development proposal will only be 60m2 greater than existing impervious surfaces on site. The downstream effects of an additional 60m2 is considered negligible (see calculations in Appendix 5). Therefore, secondary overland flow should not be captured at the northern boundary of the site. Secondary overland flow on the south side of building will be designed to reach Farm Street during a 50-year storm event.

A 150mm diameter commercial wastewater system is proposed to replace the existing 100mm connection on site, and individual water connections will be provided to each apartment unit and the childcare centre. Civil specifications will be provided at the time the building consent is obtained.

5.8 Assessment of Environmental Effects Conclusion

Considering above, the proposal is a contextual fit for the neighbourhood and satisfies many of the permitted activity performance standards of the Suburban Residential Zone. Some of the key environmental effects on the proposal are summarised below.

• There is a wide range of commercial and residential amenities in the area that strongly support mixed-use development for the site. • The bulk and scale of the proposed development is consistent with permitted activities for the Suburban Residential Zone. • The impact of additional traffic activity for the development is considered negligible in relation to existing traffic levels on Farm Street. • The noise reduction measures identified in the acoustic report help mitigate childcare noise effecting surrounding residential activity to a level that is less than minor.

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• The childcare centre serves the wider community and contributes positively to the residential character amenity of Farm Street.

It is therefore considered that the environmental effect of the proposal on the surrounding residential and commercial environment is considered to be less than minor and contributes positive effects to the character and amenity of Farm Street.

5.9 Urban Design Protocol Assessment

In addition to the Assessment of Environmental Effects and the following Statutory Assessment, an Urban Design Protocol Assessment has been undertaken for the proposal.

The Urban Design Protocol (2005) identifies key principles considered for New Zealand’s urban areas. The design making criteria provided in the protocol helps to establish quality urban environments through addressing the seven C’s; Context, Character, Choice, Connections, Creativity, Custodianship and Collaboration.

Context

Quality urban design sees buildings, places and spaces not as isolated elements but as part of the whole town or city.

The proposal is designed to fit with the residential and commercial context of Farm Street, and the expansion of the childcare centre provides improved residential amenity for the neighbourhood. The location of the site is strategic in proximity to commercial and recreational amenities and public transport connections and is suitable for higher density development. The Tauranga Urban Centres Strategy 20181 encourages higher density urban settlement in and around existing town centres and commercial hubs. The site context opposite Bayfair is therefore considered suitable for higher density development providing a variety in local housing typology.

Character

Quality urban design reflects and enhances the distinctive character and culture of our urban environment, and recognises that character is dynamic and evolving, not static.

The proposal design seeks to include qualities of urban living while remaining consistent in scale and density with the street’s residential character. The proximity of nearby amenities, such Arataki park, Huia Street Playground and Omanu beach, and nearby public transport promote active and social lifestyles for apartment residents.

Choice

Quality urban design fosters diversity and offers people choice in the urban form of our towns and cities, and choice in densities, building types, transport options, and activities.

The proposal creates variety in dwelling options for Farm Street to meet the needs of a wider selection of Tauranga residents. The proposal is diversified in residential and commercial activity, which helps create resilience for residential activities in an area of Farm Street that has largely developed into commercial activity.

1 Tauranga Urban Centres Strategy, 2018, SGS Economics & Planning, Independent Insight.

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Connections

Good connections enhance choice, support social cohesion, make places lively and safe, and facilitate contact among people.

The childcare centre expansion creates wider community engagement and has a positive effect for Farm Street which currently receives high levels of transitory activity from the Bayfair carpark and bustop. Residential apartments on the second floor contribute surveillance to the site outside of work hours and increase community presence in the area.

Creativity

Quality urban design encourages creative and innovative approaches.

The site has been considered for higher-density development in the past and this proposal has made best use of the information gathered during that process. The architectural style of this proposal is a mixture of cladding materials to help modulate the building and break up its visual bulk. The design is unique in being the first to provide mixed-use commercial and residential activities for Farm Street and will provide a high-quality precedent for future mixed-use developments in the area.

Custodianship

Quality urban design reduces the environmental impacts of our towns and cities through environmentally sustainable and responsive design solutions.

The site’s proximity to nearby amenities lends an advantage to walking and using public transport as preferred methods of transport encouraging residents to engage in active and environmentally responsible lifestyles. The proposal follows the guidelines of the Tauranga Urban Centres Strategy 2018 which encourages medium-density development to take place in residential areas on the urban fringe near commercial centres, Farm Street is a prime example of this environment.

Collaboration

Towns and cities are designed incrementally as we make decisions on individual projects.

The proposal set forth in this application is the outcome of input from BestStart Educare, Design Network, Momentum Planning and Design, and guidelines set forth by Council, Tauranga Urban Growth Strategy, and New Zealand Urban Design Protocol. The collaborative input will acknowledge and celebrate best practise design and creates a common vision for the development of the proposal.

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6.0 Statutory Assessment

6.1 Objectives and Policies Assessment

The following City Plan Objectives and Policies are relevant to this proposal.

4B.1.1 Objective – Promoting an Integrated Transport Network Subdivision use and development of land facilitates and encourages the use of alternative modes of transport, in particular walking, cycling and public transport.

Associated Policy 4B.1.1.1 – Reduction of On-Site Parking By considering the reduction of required on-site parking as an opportunity to facilitate alternative modes of transport, but only when having particular regard to: a. The off-site effect of the on-site shortfall does not adversely affect the primary function of the surrounding transport network; b. The proximity of existing public transport facilities to the proposed activity and how the activity proposes to encourage public transport patronage; c. The scope to provide additional bus stops as part of the public transport network that would offset the loss of on-site parking for the proposed activity or existing activities in the immediate vicinity; d. The provision of on-site bicycle parking and accompanying changing and shower facilities, proportional to the reduction of on-site parking; e. The extent of reduction that may be appropriate having regard to Appendix 4L– Parking Reduction Adjustment Factors; f. Provided on-site parking will meet anticipated demand.

Associated Policy 4B.1.1.2 – Encouraging Alternative Transport By ensuring that land-use and subdivision activities that have significant transport implications or present an opportunity to facilitate alternative modes of transport are designed to provide for walking, cycling and public transport facilities that: a. Address any identified need for new facilities or networks; b. Enhance existing facilities or networks.

Comment

The proposal encourages alternative transport methods by creating pedestrian connections to nearby public transport across the road on Farm Street. There is a bike storage area outside the childcare centre to encourage alternative modes of transport for staff and visitors. Residents of the apartment units have garage space available for bike storage. The pedestrian crossing in front of the site provides pedestrian access to Bayfair and a beach access is located less than 100m from the site, apartment residents are encouraged to walk to nearby amenities.

4B.1.2 Objective – Maintaining a Sustainable Transport Network

Transport-related effects of the subdivision use and development of land do not compromise the integrated, safe, sustainable and efficient function of the transport network within the sub-region.

Associated Policy 4B.1.2.1 – Use of Land

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Ensuring the pattern of subdivision, use and development of land occurs in a co-ordinated and comprehensive manner that optimises land availability whilst integrating with the transport network to maintain its safe and efficient function.

Associated Policy 4B.1.2.2 – Maintaining Road Function By ensuring that traffic generation associated with the subdivision, use and development of land does not adversely affect the primary function of roads within the road hierarchy.

Associated Policy 4B.1.2.4 – Access Visibility By ensuring that visibility to or from vehicle access points and intersections is appropriate for the specified legal speed limit of that road.

Associated Policy 4B.1.2.5 – Access Location and Points of Service By ensuring the location of vehicle entry and exit points and / or points of service maintain the safety of pedestrian and vehicle movements within the site and avoid, remedy or mitigate adverse effects on the safe and efficient operation of the transport network (including the function of roads as identified in the road hierarchy).

Comment

The expected increase in traffic generation on Farm Street resulting from the proposal is less than 2% of the existing traffic flows, which is considered to have negligible traffic effects.

Unobstructed sightlines are available on Farm Street from the vehicle crossings entering and exiting the site. Speed bump provisions at each vehicle crossing will help reduce speed and increase safety measures for pedestrians. Immediate visibility of the pedestrian environment is available for exiting vehicles. The interface between the carpark and pedestrian street environment is therefore considered safe.

4B.1.3 Objective – Parking Parking is provided that meets the demand of activities either on-site or in the vicinity to ensure that the safe, sustainable and efficient functioning of the adjoining transport network is maintained and that parking areas provide appropriate stormwater disposal.

Comment

Sufficient on-site parking is provided for the childcare centre and apartments, overflow parking is offset by alternative transport provisions and implementation of the Traffic Management Plan to be developed by the childcare centre (Traffic Management Plan draft provided in Appendix 4)

4D.1.1 Objective – Signs Signs are of a size, design and duration that meet the community’s needs while avoiding adverse effects on landscape character, amenity, heritage values and the safe and efficient functioning of the transport network.

Associated Policy 4D.1.1.1 – Sign Location By ensuring the location, size, design and illumination of a sign is not detrimental to the landscape character and amenity of the zone in which it is located, or any sensitive zone adjacent to or opposite the site.

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Associated Policy 4D.1.1.4 – Signs and Traffic Safety By ensuring the location, design and illumination of signs within and adjoining the transport network: a) Do not obstruct driver vision or create driver confusion or hazardous situations for users of the road network (particularly the strategic road network); b) Do not reduce the visibility or effectiveness of a traffic sign or traffic-control device.

Comment

The proposed childcare signage includes one 1980mm by 780mm (approximately 1.54m2) freestanding sign on the street frontage facing farm street, and three small traffic signs labelled ‘entry’, ‘exit’ and ‘no exit’ located at each of the vehicle crossings for improved safety measures. The total area of signage is less than 3m2 which is the permitted area for school activities. The signs are positioned to be visible from Farm Street but will have a less than minor effect on driver’s vision or the effectiveness of existing road signs.

4E.1.1 Objective – Noise

The generation of noise is reasonable for the nature and scale of individual activities, recognising the purpose and character of the underlying zone whilst minimising annoyance and disturbance on surrounding activities and sensitive zones.

Associated Policy 4E.1.1.1 – Noise from Non-Residential Activities

By ensuring non-residential activities... do not generate noise levels normally considered unacceptable in sensitive zones or create noise levels which are unreasonable for occupiers of adjoining or adjacent properties.

Comment

The childcare centre is an existing activity, therefore the noise associated with this this type of activity already forms part of the existing environment. Noise reduction methods identified in the acoustic report help mitigate childcare noises effecting the surrounding residential environment to a level that is less than minor.

12B.1.1 Objective – Subdivision in Residential Zones

Subdivision in Residential Zones provides for integrated, liveable and sustainable communities in a way that does not compromise the ability of the residential land resource to accommodate future growth demands.

Associated Policy 12B.1.1.1 – Subdivision in the Residential Zone

By ensuring that subdivision design and allotment sizes:

a) Can accommodate land use activities in a manner that is consistent with the purpose of the underlying zone; b) Provide building platforms that will avoid the risk of damage to future land uses or adjoining land through inundation or instability; c) Incorporate good urban design principles by:

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I. Providing a safe and efficient transport network that effectively integrates with the surrounding area; II. Providing for safe and direct movement through and between neighbourhoods for pedestrians, cyclists and vehicles; III. Providing for efficient public transport layouts; IV. Optimising allotment frontage to public roads and reserves; V. Providing easy access to open space and reserves; VI. Providing good solar orientation of residential allotments, open space and reserves; VII. Providing a variety of allotment sizes; VIII. Retaining and integrating natural features; IX. Generally avoiding culs-de-sac where these are not associated with topographical constraints.

Comment

The proposal is a comprehensively designed development that meets density of greater than 200m2 gross site area per unit. The bulk and site coverage of the building is consistent with the Suburban Residential environment and therefore fits with the existing character of Farm Street. The design satisfies urban design principles including safe movement for pedestrians, cyclists and vehicles, connections to public transport, providing solar orientation to apartments and easy access to nearby reserves.

14A.1.1 Objective – Urban Form and Sustainable Management of the Residential Land Resource

Residential greenfield, infill development and intensification provide for an integrated, liveable and sustainable community, incorporating high quality urban design outcomes, maintains and enhances landscape character and amenity, and providing a variety of forms of low density, medium density and high density residential development that:

a) Occurs in an orderly, efficient and integrated manner. b) Minimises any adverse environmental effects of development on water and soil quality, land stability, amenity, landscape character and the transport network.

Associated Policy 14A.1.1.2 – Urban Form and Consolidation

By ensuring that land available for residential development is used efficiently to limit the extent of land used for the purpose by:

a) Providing a minimum allotment size in the Suburban Residential Zone that encourages infill development by both subdivision and site redevelopment within the limits of maintaining the character and amenity of that zone. b) Requiring minimum average nett yields from both new urban growth areas and comprehensively planned intensification areas. c) Enabling mixed use activity with minimum average nett yields for independent dwelling units or residential allotments in the Neighbourhood Centre Zone and the Town Centre Zone (Core and Fringe) of the Wairakei Urban Growth Area.

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Comment

The proposed infill development containing residential and educational activities is consistent with the character of the Suburban Residential Zone. Although the proposal has a higher density than permitted Suburban Residential density, the proposal does provide an appropriate housing typology for the location, being an area of established mixed-use activities adjacent to Bayfair shopping complex. There are a range of employment and recreational opportunities in the area making the site suitable for higher density development. This is consistent with current demand for residential intensification in nodes of greater activity within Tauranga City.

14A.1.3 Objective - Activities in the Residential Zones

Residential activities remain the predominant activity in Residential Zones while providing for flexibility for the operation of home-based business, homestays, visitor accommodation and a limited range of community support services subject to their compatibility with the amenity of the Residential Zones as defined by specific provisions.

Associated Policy 14A.1.3.1 – Activities in the Residential Zone

By providing for a variety of residential activities to establish in Residential Zones while: (b) Providing for a limited range of community support activities, being smaller scale... schools... that provide community support functions for residents within the Residential Zones, and are compatible with existing and anticipated residential amenity in terms of;

i) Location and scale, including the attraction of visitors and hours of operation. ii) The nature of the activities actual and potential adverse effects on the surrounding residential neighbourhood, character, amenity, and the transport network.

Comment

Childcare centres are a community support activity and provided for in the Suburban Residential Zone as a discretionary activity. The location and hours of operation for the childcare centre are compatible with the existing residential activities in the area, as is proven with the activity already established on site. The residential activity included in the mixed-use development is consistent with the surrounding residential neighbourhood and adds an element of surveillance over the commercial activity on Farm Street outside of business hours.

14B.1.3.2 Policy - Density of Development - Medium Density Development in the Suburban Residential Zone

While recognising that the primary purpose of the Suburban Residential Zone is for low density independent dwelling units, providing for medium density development considered on a case by case basis to ensure the efficient use of residential land, where:

a) The development is planned and implemented as a comprehensively designed development (Suburban Residential Zone – outside of Urban Growth Areas) b) The development addresses the interface with adjacent lower density development, with specific regard to the amenity and character of adjacent development or the interrelationship with the coastal environment where relevant

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c) The bulk and scale of buildings is consistent with the specific objectives and policies of the Suburban Residential Zone including any design mitigation provided through the overall development design, including areas of communal open space d) Development is located within proximity to areas of comparatively higher amenity such as open space, or community focal points such as City, Town, Sub-Regional or Neighbourhood commercial centres e) Development is appropriately located within the transport network with regard to the objectives and policies of the Plan for transportation f) Adequate services and infrastructure capacity is available or can be provided as part of the development

Comment

The proposal is comprehensive mixed-use development located in the Suburban Residential Zone. The bulk and design of the proposal is consistent with the residential character of the neighbourhood and references design features of surrounding commercial activities. The location of the development is within a node of high activity surrounding the Bay fair Shopping complex, and it is appropriately located opposite the bus depot. Adequate services and infrastructure can be provided as identified in Transportation Assessment in Appendix 4 and the Design Services Report in Appendix 5.

14B.1.1 Objective - Bulk and Scale of Buildings in the Suburban Residential Zone and Large Lot Residential Zone

Buildings that are of a bulk and scale compatible with the existing and anticipated suburban residential character and amenity anticipated for the zone.

Comment

The proposal fits within the permitted activity for height, setback and site coverage for the Suburban Residential Zone, and is no different to the scale permitted for a two-storey residential dwelling. The effect on neighbouring properties is mitigated by recessed balconies and balustrades creating privacy for each apartment unit. The height of the building is consistent with a two-storey dwelling and therefore the effect of overshadowing and overlooking neighbouring properties is considered to be less than minor.

14B.1.2 Objective - Site Layout and Building Design - Suburban Residential Zone and Large Lot Residential Zone

Development within the zones provides a residential amenity consistent with a suburban residential character that is characterised by space about buildings, on-site open space, provision of sunlight and privacy.

Associated Policy 14B.1.2.1 – Site and Building Design - Suburban Residential Zone and Large Lot Residential Zone

By ensuring the layout and design of development in the zone:

a) Provides a useable area of outdoor open space for on-site recreation and leisure; and cumulatively contributes to the overall open nature of the surrounding neighbourhood.

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b) Ensures that buildings are setback from the road boundary to provide a consistent streetscape that provides opportunities for landscape planting and encourages passive surveillance of the road. c) Cumulatively contributes to the overall open nature of the surrounding neighbourhood.

Comment

Proposed site coverage is less than 32% which provides open space on site and exclusive balconies are provided for each residential unit. The usable outdoor space is largely reserved for the childcare centre which has a greater demand for outdoor recreational space. Supplementary outdoor areas for residents are located nearby at the beach or Arataki Park. Landscaping and building setback from Farm Street and the neighbouring properties are consistent with low-density character of the residential zone.

14B.1.3 Objective - Density of Development in the Suburban Residential Zone and Large Lot Residential Zone

To ensure a low density of development that provides for a range of residential activities compatible with a suburban residential character of low, predominantly detached, residential dwellings with private on-site open space and open space between sites incorporating dedicated areas of intensification through appropriately located medium density development in the Suburban Residential Zone.

Comment

Tauranga Urban Growth Strategy 2018 states Vibrant nodes of commercial, retail, entertainment, health and civic services provide the nuclei around which more dense housing can form. The location of the site is opposite the Bayfair Shopping Centre and is considered suitable for higher density mixed- use development.

6.2 Regional Policy Statement

The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region.

The following Regional Polices are identified as relevant to the mixed-use proposal.

Policy UG 8B Implementing high quality urban design and live-work-play principles

The proposal has been assessed against the New Zealand Urban Design Protocols in section 5.9 above, outlining key principles for urban areas. The impact of the proposal on environment effects and residential amenities will be less than minor as discussed using the 7 C’s. The mixed-use development is suitably located in a node of high commercial activity.

Policy UG 11B: Managing the effects of subdivision, use and development on infrastructure

The effects of the proposal on existing infrastructure have been assessed in the Transportation Assessment report in Appendix 4, and the Design Services Report in Appendix 5. The

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recommendations of each report provide compatibility solutions with existing infrastructure, summarised in the Assessment of Environmental Effects.

Policy UG 15B: Accommodating population growth through greenfield and residential intensification development – western sub-region

25% of project population growth in the Bay of Plenty is anticipated to be established through the intensification of existing residential development within existing urban areas using infill development. Efficient land use for desirable urban locations such as Mount Maunganui and Tauranga Central are favoured for high density living environments. The proposal satisfies this objective.

Policy UG 25B: Target for housing development capacity – western Bay of Plenty sub-region

The National Policy Statement for Urban Development Capacity (NPS-UDC) requires minimum targets for sufficient, feasible development capacity for housing the western Bay of Plenty sub-region. For Tauranga City, the medium-term goal between 2018 and 2028 is 16,500 number of dwellings to be enabled. The proposal helps achieve this target by providing four high-quality apartment dwellings at a high density contributing to reduced pressure on greenfield development.

6.3 National Policy Statement Urban Development Capacity

The National Policy Statement of Urban Development Capacity 2016 is about recognising the national significance of urban environments and enabling them to develop and providing sufficient development capacity to meet the needs of the population and the community.

The mixed-use proposal helps to achieve greater development capacity for population growth in Tauranga City by providing infill development to a node of high activity in the residential zone. The proposal satisfies demand for different types of dwellings by providing apartment units, demand for different living locations within the urban environment, and demand for different price points, which are achieved through providing greater diversity in housing stock. The expansion of the existing childcare centre is also catering to population and community growth for the local neighbourhood.

Council’s has a Future development Strategy to show compliance with the NPS for Urban Development Capacity land supply targets, which requires an urban land supply target of 10 years plus a contingency of 20% (effectively a 12-year supply). This mixed-use development proposal is consistent with the both the District Plan and Council’s Future Development Strategy, which encourages a compact urban development. Being located adjacent the Bayfair shopping centre and close to other residential amenities the site is the ideal location for the proposed development.

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6.2 Part II of RMA

The consideration of a resource consent application is subject to the purpose and principles under Part II of the Resource Management Act 1991 (RMA).

6.2.1 Section 5 RMA Under section 5(1), the purpose of the RMA is to promote the sustainable management of natural and physical resources, with “sustainable management” defined under Section 5(2) as meaning:

“Managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while –

a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonable foreseeable needs of future generations; and b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.”

Comment - The proposed activity uses a site in a residential area in a manner that provides a useful service to the residential zone, including:

• Greater range of dwelling typologies • Community service provided by the childcare centre • Infill development avoiding urban sprawl • Higher densities towards greater nodes of activity

The broad range of positive outcomes leads to less than minor adverse effects. The proposed activity is consistent with the purpose of the Act.

6.2.2 Section 6 RMA – Matters of National Importance No matters of national importance relevant to this proposal.

6.2.3 Section 7 RMA – Other Matters The relevant sections of Section 7 of the Act include:

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(b) the efficient use and development of natural and physical resources: (c) the maintenance and enhancement of amenity values: (f) maintenance and enhancement of the quality of the environment:

The proposal is consistent with the pattern of mixed-use development within the suburban residential area surrounding Bayfair shopping centre and provides a necessary service to the local community

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with the expansion of the childcare centre. Careful design of the building façade, outdoor play areas, carparking and landscaping will assist in maintaining the amenity values of the immediate residential area.

6.4.4 Section 8 RMA – The Treaty of Waitangi There are no relevant effects in relation to the principles of the Treaty of Waitangi.

Comment – The proposal is consistent with purpose and principles outlined in Part 2 of the Resource Management Act 1991.

6.4.5 Section 104B of RMA

Council’s decision in terms of a discretionary or non-complying activity must be made in terms of Section 104B of the RMA. Section 104B states that:

“After considering an application for a resource consent for a discretionary activity or non- complying activity, a consent authority—

(a) may grant or refuse the application; and (b) if it grants the application, may impose conditions under section 108.”

The adverse effects on the environment of this proposal are less than minor, and the activity proposed is an efficient use of the site and suitable to the objectives and policies for the zone. It is therefore appropriate to grant consent subject to appropriate conditions in accordance with section 104B of the Act.

7.0 Notification Consideration of Sections 95A to 95D of the Act is required for the purpose of considering whether notification or limited notification of a resource consent application is necessary.

The application is classified as a discretionary activity, including a childcare centre and residential units in a mixed-use development format.

With regard to section 95A, there is no mandatory requirement to publicly notify this application (Step 1). Similarly, as the application is mixed use it is not precluded from notification as outlined in Sections 95(4-6) (Step 2).

Step 3 of Section 95A is relevant and it is our assessment that the environmental effects are less than minor taking into account the site location, baseline effects permitted in the Suburban Residential Zone and also the consented activities prior to application, being the child care centre. It is our view that the environmental effects are less than minor, therefore meeting the criterion in Section 95A(8).

The are no special circumstances are considered relevant given that the application is classified as a discretionary activity in the Suburban Residential Zone due to the childcare centre and the dwelling units exceeding the permitted density.

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Given the assessment of environmental effects it is our assessment that the environmental effects are less than minor and as such meet the criteria for a non-notified consenting pathway as per Section 95E(3)(b).

8.0 Conclusion

The proposal is a comprehensively designed mixed-use development providing early childhood education and medium density residential apartments. The architectural design of the building responses positively to the streetscape and includes several architectural features to avoid and mitigate potential bulk and dominance effects. The building design is consistent with good urban design outcomes.

The proposal is a Discretionary Activity due to the childcare activity being classified as discretionary and the worst-case activity classification being applied to the application.

As discussed and assessed through the assessment of environmental effects and statutory assessment, any adverse effects arising from the proposed activity are assessed as less than minor to the neighbouring properties and the surrounding environment.

The proposal is consistent with the objective and policies of the Tauranga City Plan, with respect to comprehensively designed development and is an effective use of the land resource. It is therefore considered the proposal is consistent with the purpose and principles of the Resource Management Act 1991, and therefore consent can be granted without notification.

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Appendix 1 – Certificate of Title

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Appendix 2 – Application Plans

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Appendix 3 – Landscape Plan

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Appendix 4 – Transportation Assessment Report

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Appendix 5 – Engineering Servicing Report

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Appendix 6 – Land Use Assessment of Farm Street

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Appendix 7 Acoustic Assessment

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