NORTH SHORE CITY DISTRICT PLAN · 3. Require commercial uses such as shops and offices at ground...

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NORTH SHORE CITY DISTRICT PLAN PROPOSED PLAN CHANGE 19 Business 12: Mixed Use Zone Public notification: 25 January 2007 Close of Submissions: 27 February 2007 This is a Council-initiated plan change EXPLANATORY NOTE – This does not form part of the Proposed Plan Change We are seeking your feedback on the proposed changes to the District Plan which will assist in delivering mixed use development in certain identified areas of Browns Bay and Albany Village. The chosen areas are believed to be suitable for high quality mixed use development. The potential for mixed use development was identified in the Centre Plans produced with extensive community input for both town centres in 2002. Mixed use development is explained in greater detail in North Shore City’s Good Solutions Guide for Mixed Use Development in Town Centres (2005). The proposed changes to the District Plan include the following: 1. A new objective, new policies and assessment criteria to guide the design of mixed use development 2. Maximum height limit increase to 14m (except between Clyde Road and Beach Front Lane, Browns Bay - Area C where the current height limit of 12.5m is to be retained) 3. Require commercial uses such as shops and offices at ground floor 4. Minimum floor-to-ceiling height at ground floor of 3.6m. This should result in a better proportioned building, a superior quality of space and the potential for change of use at ground floor level over time 5. Minimum depth of 10m for any spaces developed at the ground floor. This is to ensure that town centres are supplied with reasonable areas for commercial activities such as shops and offices (ie: spaces which can provide for employment) in the future. 6. Require a nil setback at the street frontage to provide a continuous retail/commercial ‘face’ to the street 7. Site amalgamation is incentivised (by way of activity status) to encourage more efficient development opportunities 8. Two bedroom residential apartments must be 55m2 or larger 9. No more than 20% of the residential apartments within a mixed use development shall be less than 55m2 in size 10. Parking Albany Village: 1 parking space per studio/ one bedroom unit, 2 spaces per 2 or more bedroom residential unit Browns Bay: 1 parking space per residential unit, 1.5 spaces per 2 bedroom unit, 2 spaces for each 3 or more bedroom unit Visitor parking spaces to be provided at the rate of 1 space for every five units.

Transcript of NORTH SHORE CITY DISTRICT PLAN · 3. Require commercial uses such as shops and offices at ground...

Page 1: NORTH SHORE CITY DISTRICT PLAN · 3. Require commercial uses such as shops and offices at ground floor 4. Minimum floor-to-ceiling height at ground floor of 3.6m. This should result

NORTH SHORE CITY DISTRICT PLAN

PROPOSED PLAN CHANGE 19

Business 12: Mixed Use Zone

Public notification: 25 January 2007

Close of Submissions: 27 February 2007

This is a Council-initiated plan change

EXPLANATORY NOTE – This does not form part of the Proposed Plan Change

We are seeking your feedback on the proposed changes to the District Plan which will assist in delivering mixed use development in certain identified areas of Browns Bay and Albany Village. The chosen areas are believed to be suitable for high quality mixed use development. The potential for mixed use development was identified in the Centre Plans produced with extensive community input for both town centres in 2002.

Mixed use development is explained in greater detail in North Shore City’s Good Solutions Guide for Mixed Use Development in Town Centres (2005).

The proposed changes to the District Plan include the following:

1. A new objective, new policies and assessment criteria to guide the design of mixed use development

2. Maximum height limit increase to 14m (except between Clyde Road and Beach Front Lane, Browns Bay - Area C where the current height limit of 12.5m is to be retained)

3. Require commercial uses such as shops and offices at ground floor 4. Minimum floor-to-ceiling height at ground floor of 3.6m. This should result in a better

proportioned building, a superior quality of space and the potential for change of use at ground floor level over time

5. Minimum depth of 10m for any spaces developed at the ground floor. This is to ensure that town centres are supplied with reasonable areas for commercial activities such as shops and offices (ie: spaces which can provide for employment) in the future.

6. Require a nil setback at the street frontage to provide a continuous retail/commercial ‘face’ to the street

7. Site amalgamation is incentivised (by way of activity status) to encourage more efficient development opportunities

8. Two bedroom residential apartments must be 55m2 or larger 9. No more than 20% of the residential apartments within a mixed use development shall

be less than 55m2 in size 10. Parking Albany Village: 1 parking space per studio/ one bedroom unit, 2 spaces per 2 or more

bedroom residential unit Browns Bay: 1 parking space per residential unit, 1.5 spaces per 2 bedroom unit, 2

spaces for each 3 or more bedroom unit Visitor parking spaces to be provided at the rate of 1 space for every five units.

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Proposed Plan Change 19 – Business 12 - Mixed Use Zone

Changes to Objectives and Policies

New text is shown as underlined and deleted text as strikethrough.Some existing text is shown to place the changes in context.

15.4.9 Business 12 - Mixed Use Zone

Objectives

To provide for a mix of business and residential activities within town centres in a manner that achieves a high quality urban environment and assists in achieving an interesting and vibrant town centre.

Policies

1. Street frontageThe design of buildings at the street frontage shall incorporate significant areas of shop front display glazing/windows and entries so that there is a good visual connection with the street. Large areas of blank walls should be avoided through the use of articulation and architectural detail.

2. Scale/bulkThe height, bulk and location of buildings should not adversely affect the amenities of adjacent residential and recreation zones.In Browns Bay the height of mixed use development along Bute Road is to be below the level of the escarpment to the north.

3. Business componentThere must be a significant business component at ground level on the street frontage.The business component is not to be dominated by a single large-scale business activity but should include a range of businesses activities.

4. Site AreaDevelopment on larger or amalgamated sites is encouraged in order to make more efficient use of urban land and infrastructure.

5. Floor-to-ceiling heights & building depthThe design of buildings, including internal floor-to-ceiling heights and building depth should provide the flexibility for uses to change over time.

6. ParkingCarparking requirements in mixed use development are reduced in recognition of the proximity to good public transport.Parking in mixed use developments should be located underground or to the rear of the site thereby achieving a high quality urban and street environment that is not dominated by carparking or parking buildings.

7. AccessEntry points into a building or onto a site should be clearly defined and identifiable to both motorists and pedestrians.

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Methods

All policies will be implemented by rules and assessment criteria.

Explanation and Reasons

The Business 12 - Mixed Use zone has been applied to the northern side of Bute Road and the eastern side of Clyde Road in Browns Bay and the western side of the Albany Village town centre. The zoning may also be applied to other town centre areas in time.

Mixed use development should maintain a direct relationship with the street by being located at the street boundary. Ground floor spaces should face the street and have windows and doors which look directly onto the street, with glazing comprising a major portion of the ground floor façade. A continuous street frontage should be provided.

For mixed use development along the northern side of Bute Road in Browns Bay, the height limit has been set to ensure that development is in scale with the adjacent escarpment and does not adversely affect the dwellings located on the escarpment.

Having business activities at ground floor level will enhance community accessibility to a range of facilities. Providing opportunities for employment will assist in meeting wider strategic economic and social objectives and enhance the vitality of town centres.

A minimum site area requirement has been specified for mixed use development. The purpose of this requirement is to encourage the amalgamation of smaller sites. This will assist in achieving more efficient redevelopment of urban land.

Designing for higher ceiling heights throughout a mixed use development allows for maximum flexibility with respect to future uses. This adaptability broadens a development’s market appeal and therefore its economic viability. Other advantages of buildings with higher floor-to-ceiling heights include improved natural lighting due to higher window heads, good natural ventilation for spaces furthest from the windows, and generous, appealing interior spaces. Regardless of use, buildings of a depth of 10-14 metres are considered optimal. A building depth of less than 10m is often too narrow for the introduction of vertical or horizontal circulation which limits options for room layout and circulation space. A building deeper than 14m cannot be naturally ventilated and requires artificial lighting. Natural ventilation is environmentally preferable and often economically advantageous to artificial ventilation.

Parking areas are to be located beneath or at the rear of a building. This allows the development to maintain a good relationship with the street and prevents carparking from dominating the street.

Mixed use developments encourage both pedestrian and vehicular traffic to their premises. This requires that occupants and visitors have clearly defined accesspoints to their respective destinations within the site/building. Wherever practical,access to public and private areas should be kept separate. This allows each area to function independently and provides greater security for all occupants.

Expected Environmental Results

The establishment of high quality mixed use developments in town centres as measured by urban design assessment. Developments should exhibit the following qualities:

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Have a strong relationship with the street, and utilise shop front display windows at ground floor level rather than blank walls;

Buildings which are of a height that is in scale with the town centre and adjacent natural features such as the escarpment in Browns Bay;

Significant business uses at ground floor level; Amalgamation of small sites for mixed use development; Generous floor-to-ceiling heights which provide flexibility for changes of use

over time and building design and depth that enables natural light and ventilation and easy adaptation;

Developments that are not dominated by carparking; Clearly identifiable access points for pedestrian and vehicles into mixed use

developments.

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Changes to Rules

New text is shown as underlined and deleted text as strikethrough.Some existing text is shown to place the changes in context.

Note: Some numbering may be subject to change as a result of earlier plan changes becoming operative.

Section 10 Pollution and Waste Management

10.5 Noise: Rules

…All Permitted and Controlled activities are subject to the following controls: a) All activities shall comply with the relevant noise levels specified in Table 10.1 and

Table 10.2.

b) Residential zones

Existing High Noise Routes In circumstances where a residential unit is to be constructed on any site near to an existing and/or potential high noise route as specified in Appendix 10D and subject to a daily noise exposure level (Leq (6am-10pm)) as defined in New Zealand Standard 6801:1991 equal to or greater than (Leq (6am-10pm)) 65 dBA on any part of the site, an Acoustic Design Report is to be obtained from a suitably qualified Acoustic Engineer confirming that the building will be constructed not to exceed a daily noise exposure of (Leq (6am-10pm)) 40 dBA in all habitable rooms with ventilating windows open.

c) Business zones

i) New buildings and alterations to existing buildings to be used for residential purposes in any business zone except the Business 12 – Mixed Use zone must meet the following:

Noise received in all habitable rooms shall not exceed 35 dBA L10 between 2300 and 0700 hours with ventilating windows open.

An acoustic Design Report shall be obtained from a suitable qualified Acoustic Engineer confirming that the building will be constructed to meet the above requirement.

ii) In the Business 12 – Mixed Use zone;

(a) New buildings and alterations to existing buildings to be used for residential purposes must meet the following:

The facades of bedrooms within all residential units shall be designed and built to achieve a minimum sound rating of DnTw + Ctr > 30.

The facades of living spaces within all residential units shall be designed and built to achieve a minimum sound rating of DnTw + Ctr > 28.

(b) Any business premises containing activities involving the playing of music shall be constructed and operated so as to ensure that the limits of Table 10.2 are not exceeded. A certificate from a suitably experienced and qualified acoustician shall be provided demonstrating compliance before the issue of a building consent.

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(c) The noise level generated from any activity within the Business 12 - Mixed Use zone shall not exceed the limits in Table 10.2:

d) All zonesPrior to the establishment of any activity (for example restaurants and bars) which will exceed a level 5 dBA less than the relevant noise standards specified in Table 10.1 and 10.2, an Acoustic Design Report shall be obtained from a suitably qualified Acoustic Engineer confirming that the activity will not exceed the relevant noise levels specified in Table 10.1 or 10.2.

e) Noise levels specified for each zone in this table these tables shall be measured and assessed in accordance with the requirements in NZS 6801:1991: ‘Measurement of Sound’ and NZS 6802:1991: ‘Assessment of Environmental Sound’. The noise shall be measured with a sound level meter complying with the international standard Sound Level Meters, Type 1.

f) The maximum noise levels specified in Table 10.1 and Table 10.2 shall not apply to: …B: Business Zones and Mixed Use Overlay Area except the Business 12 - Mixed Use

Zone(as measured at any site boundary zoned Business or Mixed Use (excluding the Business 12 – Mixed Use zone))…

Table 10.2 Business 12 - Mixed Use Zone OnlyMaximum Permitted Noise Level By Use

0700 hrs – 2300 hrs 2300 hrs – 0700 hrs

Commercial: measurement taken at the façade of any other residential unit

65 dBA L10 65 dBA L10

Residential (Mixed use): measurement taken at the façade of any other residential unit

65 dBA L10 55 dBA L1065 dB L10 at 63 Hz60 dB L10 at 125 Hz75 dBA Lmax

Note – other tables in S10 will be renumbered appropriately.

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Section 12 Transportation

12.4.2.1 Parking Standards

Table 12.1 Parking Standards

Activity Parking Spaces Required

… …

Offices

Offices in the Business 12 -Mixed Use zone

Public service counters and related areas - 1:20m2 of gross floor area

All other areas – 1:35m2 gross floor area

1:35m2 gross floor area

… …

Residential Units, Apartment Buildings, Intensive Housing and Minor Residential Units

One for each residential unit with a gross floor area of 50m2

or less

Two for each residential unit with a gross floor area in access of 50m2

In the Business 12 - Mixed Use zone Area A (Albany Village) the following parking is required:

Studio/1 bedroom residential unit – 1 space2 or more bedroom residential unit – 2 spaces

In the Business 12 - Mixed Use zone Area B (Bute Road)and C (Clyde Road/ Beach Front Lane), the following parking is required:

Studio/1 bedroom residential unit – 1 space2 bedroom residential unit – 1.5 spaces3 or more bedroom residential unit – 2 spaces

Residential units, Apartment buildings, Intensive Housing, Terrraced Housing and other similar forms of intensive residential development

Visitor parking spaces on-site at the rate of 0.5 spaces for each unit over 50 m² gross floor area, such spaces to be in addition to those required for private use by unit occupiers (for assessment of applications see Rule 16.7.3.6 in addition to 12.5)

In the Business 12 - Mixed Use zone, visitor parking spaces shall be required at the rate of 1 space for every 5 units.

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Retail Sales (Shops), excluding comprehensively designed shopping centres, supermarkets and Business 4, 5 and 6 zones.

Takapuna - 1:35m² gross floor area Devonport - 1:25m² gross floor area All other areas (except for the Business 12 - Mixed Use zone) - 1:20m² gross floor area

In the Business 12 – Mixed Use A (Albany Village) zone:1:20m2 gross floor area

In the Business 12 – Mixed Use B (Bute Road) and C(Clyde Road/ Beach Front Lane) zones:1:30m2 gross floor area

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Section 15 Business

15.5.1.3 Controlled Activities

Any activity shall have Controlled activity status provided that it: …e) Falls within any of the following circumstances: …

Any new development, or addition or alteration to an existing building in the Business 12 - Mixed Use zone, with a frontage more than 28m or a site area of more than 1,500 m2

Any new development or addition or alteration to an existing building in the Business 12 - Mixed Use zone on a corner site

15.5.1.5 Discretionary Activities

Any activity shall have Discretionary activity status provided that it:

a) Is not listed as a Non-Complying activity in Section 15.5.1.6 of this Plan; and b) Can comply with the controls in Rule 15.6.1.5 to 15.6.1.17 inclusive; and

c) Falls within any of the following circumstances: …

Any activity in the Business 12 - Mixed Use zone that does not comply with the site frontage or site area requirements in 15.5.1.3

15.5.1.6 Non-Complying Activities

…d) In the Business 12 - Mixed Use zone, any residential activity at ground level adjacent to

the street frontage is a Non-Complying activity.e) In the Business 12 - Mixed Use zone, any parking on the site at ground level, adjacent to

the street frontage or any space in public ownership, is a Non-Complying activity.…

15.6.1.7 Hours and Days of Operation and Amplified Music

a) The following activities shall be subject to restrictions on the days and hours of operation as set out below, and these restrictions shall apply in the Buffer Strip and in any part of the Business 2, and 3 and 12 zones:

i) Licensed premises.

ii) Social or recreational premises, as defined in subsection (c) of this rule

excluding premises which are part of shopping malls, defined as being predominantly retail complexes with a minimum gross leasable area of 10,000m² and under single management.

Control Flexibility

In the case of any licensed, social or recreational premise which would exceed the relevant hours of general operation and which is located within a Buffer Strip or within the Business 2, and 3 and 12 zones, a Limited Discretionary activity application may be made for

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extended hours.

Explanation and Reasons…

The rule is intended to protect the amenity of residential activities adjacent to the business zones, hence its application to the Buffer Strip. In addition, the rule is applied to all parts of the Business 2,and 3 and 12 zones because of the greater likelihood of adverse environmental effects being experienced by residential activities adjacent to and within these business zones.…

15.6.1.9 Residential Development

Each residential unit in any zone excluding the Business 12 - Mixed Use zone shall provide:

a) Either i) A balcony with a minimum dimensions of 1 metre width by 3 metres length; or ii) An opening glazed window of sufficient dimension to allow the creation of an

internal/external living space within the unit.

b) The main glazing of each non-ground level residential unit shall be provided with an outlook area of open space, unimpeded by buildings and immediately adjacent to that glazing. Any outlook area must have a minimum dimension of 10 metres, measured at right angles to the wall of the building within which the glazing is located. The outlook area may comprise the following components: i) An area of on-site space which must be kept free of structures. ii) Areas of road reserve.

Each residential unit in the Business 12 - Mixed Use zone shall provide:

a) Private and Communal Outdoor Living space

i) Each ground floor residential unit shall be provided with a private outdoor living space which

Is able to contain a circle with a 3 metre diameter; and Is directly accessible from the principal living area.

ii) Each upper floor residential unit shall be provided with a balcony with an area of 6m2

and a minimum depth of 1.8 m which has direct access from the principal living area. Each unit that does not have a balcony shall contribute 10m2 in area to an area of communal outdoor living space that has a minimum width of 3m.

b) Outlook Area

The main glazing of each non-ground level residential unit shall be provided with an outlook area of open space, unimpeded by buildings and immediately adjacent to that glazing. Any outlook area must have a minimum dimension of 10 metres, measured atright angles to the wall of the building within which the glazing is located. The outlook area may comprise the following components: i) An area of on-site space which must be kept free of structures.ii) Areas of road reserve.iii) Areas of public open space.

c) Minimum Unit Size

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The minimum unit sizes within the development shall be as follows:i) Studio / one bedroom unit = 40m2

ii) Two bedroom units = 55m2

iii) Three or more bedroom units = 70m2

provided that no more than 20% of the units within a development shall be less than 55m2. Where the calculation to assess the number of units permitted to be less than 55m2 results in a fraction, the fraction may be rounded up to the nearest whole number. For example: where a proposed development is 3 units, 1 unit may be less than 55m2

where a proposed development is 9 units, 2 units may be less than 55m2.

Explanation and ReasonsSince residential units in business zones provide for an alternative style of living which is not dependent on the provision of private open space, as in the residential zones, the only performance standard which such units are required to meet is the provision of access to the outdoors by way of a deck or large opening window, and an outlook area adjacent to the main windows of the units.

However residential units in the Business 12 - Mixed Use zone must provide either a private outdoor living space (for ground floor units), a balcony or an area of communal open space to provide access to the outdoors. This will enhance the quality of life for residents living in such developments. Minimum unit sizes are required so that a minimum standard of amenity is afforded to residents.

15.6.2 Development Controls for Permitted and Controlled Activities

15.6.2.1 Compliance

Business Zone Locations

Business 12 - Mixed Use Zone

Area A: Along west side of Library Lane and west side of State Highway 17 in Albany VillageArea B: On the northern side, western end of Bute Road in Browns Bay (existing Business 9 zone only)Area C: Between Clyde Road and Beach Front Lane in Browns Bay

15.6.2.2 Maximum Height and Floor Area Ratio

The maximum permitted height, and where applicable, the floor area ratio (FAR) for each of the business zones is set out in Table 15.3. Height limits in all the business zones, except for the Business Park 7G zone, and the Business 3 Area A and the Business 12 – Mixed Use Zone Area A (Albany Village), are measured from the mean ground level along the road

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frontage. Where a site has more than one road frontage, the height limit shall be measured from the mean ground level along the higher road frontage, except for sites in the Glenfield Centre Business 2 zone which shall be measured from the mean ground level of the total road frontage. Buildings in the Business 3 zone Area A shall have their height measured from natural ground level for any part and not from mean ground level. Buildings in the Business 7G zone shall have their height measured from the ground level existing at October 1994. Buildings in the Business 12 – Mixed Use Zone Area A (Albany Village) shall have their height measured using the Mean Frontage Level Method for those parts of the site that lie within50m of the road boundary. For the remainder of the site the Natural Ground Level Methodmust be used.

Business zones 2, 4, 5, 6, 7 (but not 7G), 8, 9, 10 [and 11] rear sites, and sites with a crossfall greater than 2 metres may, as an alternative at the option of the applicant, use the mean natural ground level around the perimeter of a building as the basis from which height limits are measured.

No building may exceed the height and floor area ratios set out in Table 15.3.

Table 15.3 Maximum Height and Floor Area Ratio Controls

Floor Area Ratio Business Zone Maximum Height Basic With Bonus

… …

Business 12 - Mixed Use area A (AlbanyVillage)

14m

Business 12 - Mixed Use area B (ButeRoad area)

14m

Business 12 - Mixed Use area C (ClydeRoad/ Beach Front Lane)

12.5m

Control Flexibility

A Limited Discretionary activity application may be made for:…

Explanation and Reasons

Business 12 - Mixed Use Zone

The height controls for the Business 12 - Mixed Use zone are intended to provide for a reasonable level of development whilst ensuring that buildings are in scale with the locality and do not adversely affect adjacent residential and recreation zoned land. For mixed use development along the northern side of Bute Road in Browns Bay, the height limit has also been set to ensure development is in scale with the adjacent escarpment to the north. In Albany Village the land zoned Business 12 - Mixed Use falls away from the road towards Lucas Creek thereby ensuring that 3-4 storey mixed use development is not out of scale with existing 2-3 storey buildings in the village.

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15.6.2.3 Building Height In Relation to Boundary

No part of any building shall penetrate the sloping height planes specified in Appendix 15C.

Control Flexibility

Penetration of the sloping height plane by a vertical distance of up to 1.5 metres, except for the Browns Bay block bounded by Clyde Road, Beach Front Lane and Anzac Road, where no control flexibility is provided.

Explanation and Reasons

In the Browns Bay Business Suburban 2 zone and the Business 12 - Mixed Use Zone Area C(Clyde Road/ Beach Front Lane) building height and bulk has the potential to significantly adversely affect the amenity values of the adjacent recreation-zoned land of the Browns Bay beachfront, and the character of the coastal environment. The Building Height in Relation to Boundary control has been designed to limit the effects of building bulk dominance on the reserve and Beach Front Lane.

15.6.2.4 Yards

Table 15.4 Building Yard Controls

Yard Zone Minimum Yard Requirement

Front Yard Business 12 - Mixed Use Nil maximum Side and Rear Yards

Business 12 - Mixed Use Nil

Other Yards Local 1, Suburban 2, General 9D, Lot 1 DP 157656 (Rosedale Road, Albany) and the Business 12 - Mixed Use zone

3 metre Landscape Amenity Yard where the site abuts a residential or recreation zone, or land designated for proposed reserve or motorway purposes, or any river including a stream. Refer to Rule 15.6.2.10 Landscaping Requirements for the treatment of the Landscape Amenity Yard

Control Flexibility

…Yards within all business zones may be reduced or waived by means of a Limited Discretionary activity application (except Foreshore Yard - refer to Rule 16.6.1.5A).

The front yard requirement in the Business 12 - Mixed Use zone may be increased by way of a Limited Discretionary activity application.

Explanation and Reasons

Business 12 - Mixed Use Zone

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A nil front yard requirement in the Business 12 - Mixed Use zone will maintain a direct relationship between the building and the street by ensuring buildings are located at the street boundary. Ground floor spaces should face the street and have windows and doors which look directly out onto the street with glazing comprising a major portion of the ground floor facade. This will assist in achieving an active street frontage which enhances the vitality of the street and promotes pedestrian safety and security.

15.6.2.6 Building Coverage

The maximum permitted building coverage for each of the business zones is set out in Table 15.5. The calculation of coverage must be based on net site area.

Table 15.5 Building Coverage Controls

Zones Coverage

Business 12 - Mixed Use Unlimited

15.6.2.10 Landscaping Requirement

1. General Landscaping Required in All Business Zones

a) In all business zones, a Landscape Amenity Yard shall be provided where a site abuts:

• Land zoned residential or recreation; or • Land designated for proposed reserve; or • Land designated for motorway purposes; or • A river including a stream, with the exception of that part of Wairau Creek which

is contained within a concrete channel. This exception does not apply where the Wairau Creek separates business zoned land that abuts one side of the concrete channel from residential or recreation zoned land that abuts the other side.

The yard shall be 5 metres in width in all zones except for the Business Local 1, Suburban 2, General 9B and 9D zones and the Business 12 – Mixed Use zone. In the Business Local 1, Suburban 2, General 9D zones, Business 12 – Mixed Use zone and Lot 1 DP 157656 (Rosedale Road, Albany), the yard shall be 3 metres; within the Business General 9B zone the yard shall be 6 metres in width along boundaries with residential zones and 10 metres in width along boundaries with recreation zones. The yard shall be fully planted with trees, shrubs and ground cover plants within and along the full length of the Landscape Amenity Yard to provide a layered and densely planted visual buffer with adjacent land. …

b) Controlled activity assessment may result in landscaping being required in the Business 1, 2 and 3 zones for the purpose of softening the visual impact of large blank walls and car parking areas, and for screening service areas. In the Business 4, 5, 6, 7, 8 [and11] and 12 zones, Controlled activity assessment may result in landscaping being required in addition to any specific area requirement.

15.6.2.12 Comprehensive Development Plan Requirements

Any Controlled or Discretionary activity application (excluding Limited Discretionary activity applications for Control Flexibility) for development in the Local 1, Suburban 2, Sub-regional

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3, 4, 5, 6 [and 11], Business Park 7, and Business Special 8 and Business 12 - Mixed Use zones, for any site with a gross site area of 2000m² or more, shall be accompanied by a Comprehensive Development Plan. The level of detail required in a Comprehensive Development Plan shall correspond with the scale and significance of the development.

15.6.3. Additional Development Controls

15.6.3.3 Building Design: Business 12 - Mixed Use Zone

Buildings in the Business 12 - Mixed Use zone shall be designed to accommodate a business activity in the ground floor area fronting the street. For this purpose: Buildings shall have an internal ground floor ceiling height of at least 3.6m Buildings shall have a ground floor at grade or above street level The ground floor area that fronts the street shall have a minimum depth of 10 m.

15.6.3.4 Location of Parking Areas: Business 12 - Mixed Use Zone

Ground floor parking within a building shall not occupy that portion of the building adjacent to the street frontage or any space in public ownership. Parking shall be located to the rear of, within, or under buildings.

15.6.3.5 Street Frontage Width and Design Features: Business 12 - Mixed Use Zone

In the Business 12 - Mixed Use zone:

a) Buildings shall have a maximum ground level frontage width for individual occupiers of 15 m.

b) Areas of continuous solid wall shall not exceed a length of 6 m at ground floor level and should not be adjacent to other areas of solid wall, but in all cases buildings shall have a minimum of 75% glazing at the street frontage at ground floor level.

c) Buildings shall have a verandah extending for the full length of the building between the ground and first floor levels, except above any driveway or plaza area.

d) Entrances off the street shall be at grade with street level.

Control Flexibility

The street frontage width and design features in the Business 12 - Mixed Use zone may be varied by way of a Limited Discretionary activity application.

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Section 21 Definitions

Height (in relation to any building)

There are three techniques available for establishing building height as follows:

1. Natural Ground Level Method (NGL) where height means the vertical distance between natural ground level at any point and the highest part of any building vertically above that point (Refer Appendix 21A(i), Diagram A).

2. Mean Ground Level Method (MGL) where height means the vertical distance between the highest part of any building and the mean ground level being the sum of natural ground levels measured at one metre intervals around the perimeter of a building divided by the number of measurements made. Provided that in all residential zones, no part of any building shall exceed 10m, as measured by Clause 1 above (Refer to Appendix 21A(ii), Diagram C).

3. Mean Frontage Level Method (MFL) where height means the vertical distance between the highest part of the building and the mean ground level measured along the road frontage boundary (Refer Appendix 21B). Where a site has more than one road frontage the highest of the road frontages shall be used, except for the Business 2 Suburban zone of Glenfield, where the total road frontage shall be used, and the Business Park 7 zone, Area A at Smale’s Farm, where heights for the entire zone shall be determined in relation to the average height of the Taharoto Road frontage of the zone.

The different techniques shall be used in the following zones:

• Residential, Recreation, Rural and all Special Purpose zones except the North Shore Theatre and Conference Centre site in the Special Purpose 9 zone and the Special Purpose 11 zone, must use either the Natural Ground Level Method or the Mean Ground Level Method.

• All business zones except the Business 3 zone Area A and the Business 12 – Mixed Use zone Area A (Albany Village) must use the Mean Frontage Level Method, however rear sites and sites with a crossfall in any direction of greater than two metres may use the Mean Ground Level Method.

• Business 3 zone Area A must use the Natural Ground Level Method.

• Special Purpose 9 zone North Shore Theatre and Conference Centre site must use the Mean Frontage Level Method, and the Special Purpose 11 zone Albany Centre Amenity Area must use the Natural Ground Level Method.

• Business 12 – Mixed Use zone Area A (Albany Village) must use the Mean Frontage Level Method for those parts of the site that lie within 50m of the road boundary. For the remainder of the site the Natural Ground Level Method must be used.

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Changes to Assessment Criteria

New text is shown as underlined and deleted text as strikethrough.Some existing text is shown to place the changes in context.

Note: Some numbering of Assessment Criteria may be subject to change as a result of earlier plan changes becoming operative.

15.7.1.2 Additional Assessment Criteria for Controlled Activities: Suburban 2 and Sub-regional 3, 4, 5 and 6 and 12 Zones

15.7.2 Additional Assessment Criteria for Specific Controlled Activities

15.7.2.2 Business 12 - Mixed Use Zone

Context New mixed use developments should respect and integrate effectively with the

context in which they are located by responding to the proportions, structural modules and solid-void relationships of neighbouring buildings.

In developing areas mixed use developments should respond to the intended character sought in the area.

Corner Sites

All corner development should reinforce the uniqueness of the location and contribute to the legibility of the town centre. It should also support the creation of a distinctive, high quality urban environment through the quality of the architecture or the incorporation of public art or public open space.

It is expected that the building’s articulation or façade treatment is used to express the building’s corner location through such means as:-nil setbacks-feature elements such as corner pediments, parapets, and awnings or verandahs that wrap the corner-designing the corner to have more vertical emphasis with variations in height A clear separation of entrances should be provided for different uses. For example, the entrance to ground floor commercial/retail space should be located in the most prominent position at the corner, while an entrance to upper residential areas should be located on the façade on either street.

Building Depth

Mixed use buildings shall be of a depth that provides regular internal room layouts to ensure ease of construction, optimal circulation and adaptation and ensures natural light, and ventilation is provided to all habitable rooms.

Access

Entry points into the building and onto the site should be clearly identifiable from the street.

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Communal Outdoor Living Space

Communal outdoor living spaces should be designed to receive sunlight for at least three hours of the day, throughout the year, to a good proportion of useable outdoor space. These areas should be landscaped to a high standard, and can include seating and areas for informal recreation.

15.7.3 Assessment Criteria for Discretionary Activities …15.7.3.8 Site Frontage or Site Area in the Business 12 - Mixed Use Zone

A mix of activities should be accommodated on the site; The activities and the design shall have sufficient regard to the amenities of adjacent

residential properties, in particular the development should be designed so as to provide adequate buffering or separation distance between activities;

the required amount of car parking should be accommodated on site in an appropriate location.

15.7.4 Assessment Criteria for Control Flexibility

15.7.4.10 Building Height in Relation to Boundary in the Business 12 - Mixed Use Zone

Larger buildings should ensure that there are no, or minimal adverse effects on access to daylight and sunlight, particularly for outdoor living area or main living areas of adjacent residential dwellings;

Additional building height should be sympathetic to the surrounding landscape and landforms and retain visual and landscape values of prominent natural features;

Additional height should have no adverse effects on adjoining sites in terms of loss of privacy through being overlooked from adjacent buildings and/or loss of view;

In terms of visual dominance by buildings, there should be little or no adverse effects of increased height on the outlook from adjacent sites and public open spaces.

15.7. 4.11 Front Yard in the Business 12 - Mixed Use Zone

The location and area of setback should be designed so as to contribute positively to the continuity of buildings, frontage and verandah cover;

The front yard should contribute positively to the relationship and compatibility of the building to adjoining buildings and others in the locality;

Any front yard or setback should contribute positively to the streetscape and sense of containment;

The proposed use and development of the area of setback should have public orpublic amenity benefits;

The setback should avoid overshadowing of public spaces; Front/setback screening elements such as trees, benches or screens should help

maintain the street frontage; Any setback must avoid any concealed areas or other areas which could be a

potential safety issue.

15.7.4.12 Street frontage width & design in the Business 12 - Mixed Use Zone

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Development along all street frontages should achieve good visual contact with the street

The location and size of retail display windows should contribute to an interesting streetscape;

The building frontage should contribute in a positive manner to the functioning of the area;

The visual amenity of the streetscape should be enhanced by the scale, length and size of walls

A high quality of building design, decoration (including the use of murals and artworks), colours or materials may compensate for the reduced retail display windows.

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Changes to Appendices

Appendix 15C – Building Height in relation to Boundary

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Appendix 15M: Browns Bay Business 2 Zone – Height Areas

Note – the area bounded by Clyde Road, Anzac Rd and Beach Front Lane has been removed from this map as it is proposed to be part of the Business 12 – Mixed Use zone.

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PROPOSED NEW MIXED USE ZONES (Note – this map is for explanatory reasons only and does not form part of the plan change)

Area A Albany Village

Area B Browns Bay Area C

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Section 32 Report

Proposed Plan Change 19 to the North Shore City District Plan

BUSINESS 12: MIXED USE ZONE

January 2007

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1. INTRODUCTION 24

1.1. Summary of proposed plan change 24

1.2. Statutory Framework 24

2. BACKGROUND 26

2.1. Albany Village 26

2.2. Browns Bay 27

2.3. Strategic direction 28

3. WHY IS A MOVE TO A MIXED USE ZONE CONSIDERED APPROPRIATE? 32

4. ELEMENTS OF THE PROPOSED PLAN CHANGE 32

4.1. Context 32

4.2. Street frontage 35

4.3. Minimum Frontage & Site Area 38

4.4. Corner Sites 41

4.5. Height 43

4.6. Height in Relation to Boundary 46

4.7. Business Component 50

4.8. Building adaptability 53

4.9. Building Depth 55

4.10. Buffer to Residential Areas 57

4.11. Visual Privacy 60

4.12. Noise Mitigation 62

4.13. Residential Amenity - Balconies/Outdoor Living Space 64

4.14. Residential Amenity – Minimum Unit Size 66

4.15. Access 68

4.16. Parking 70

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1. Introduction Plan change 19 proposes to introduce a new mixed use zone to parts of Albany Village and Browns Bay (see map in Appendix 1). This Section 32 report explains why it has been resolved that a zone with mixed use characteristics should be developed and applied to these areas.

The report begins by summarising the main proposed characteristics of the proposed mixed use zone. This is followed by an outline of the statutory framework under the Resource Management Act 1991 (the Act) that needs to be addressed as part of this S 32 process. For the purposes of this report this will take a two tiered approach. The first examines why the generic characteristics of a mixed use zone is more appropriate for the areas outlined than the zoning that is currently in force. The second tier then focuses on the individual characteristics of the mixed use zone that are proposed and why they are considered to be the most appropriate tools for achieving the purpose of the Act.

1.1. Summary of proposed plan change Mixed use is a development form that is seen as beneficial for town centres. Mixed development allows for commercial spaces for employment (shops, offices, cafes etc) or public (community, institutional) facilities to co-exist with residential spaces. This can have economic benefits as well as increasing the vibrancy and liveability of a town centre.

Intensification in and around centres is a regional directive aimed at accommodating a growing population. Providing opportunities for mixed use development to occur is part of this initiative.

The main elements of the proposed plan change include,

Maximum height limit increased from 9m to 14m. This will allow for 4-level development to occur;

Commercial uses required at ground floor; Minimum floor-to-ceiling height at ground floor of 3.6m. This results in a better

proportioned building and a superior quality space; 0m setback on main street frontage strongly encouraged; Site amalgamation incentivised by a requirement for minimum lot size and site frontage; Balconies with a minimum area of 6m2 required for all residential units. Where this is not

possible 10m2 of communal open space per unit must be provided; A minimum size of 55m2 for two-bedroom units is required, with only 20% of units in a

development to be less than 55m2. This will prevent developments consisting solely of 50m2, 2 bedroom apartments.

Commercial ground floor units that front the street to have a minimum depth of 10m. Parking requirements:

- One park per studio, or one-bedroom unit (as previous). - One and one half parks per two-bedroom unit in Areas B&C (Browns Bay). - Two parks per two-bedroom unit (Albany Village). - Two parks for each three or more bedroom unit. - Retail spaces: reduced to one park per 30m2 (from 20m2) of retail floor area in

Browns Bay. The retail parking requirement is unchanged for Albany Village. The office parking requirements are to be standardised at one park per 35m.

- Visitor parking spaces: one park per 5 units. Additional assessment criteria will also be provided requiring a higher standard of design

and a better urban design/street response.

1.2. Statutory Framework The Council must ensure that prior to adopting an objective, policy, rule or other method in the district plan, that the proposed provisions meet the requirements of the Act through an assessment of matters outlined in Section 32 of the Act. The Council must prepare a report considering the matters below, and make this publicly available from the date of notification.

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In terms of other relevant sections of the Act the Council functions are set out in Section 31. The Council’s functions include “the control of any actual or potential effects of the use, development or protection of land.’ In exercising its function section 72 of the Act states:

“The purpose of the preparation, implementation and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of this Act.”

The following provisions of Section 76 are also relevant:

“(1) A territorial authority may, for the purpose of –

(a) Carrying out its functions under this Act; and

(b) Achieving the objectives and policies of the plan -

include [rules in a district plan]. …

(3) In making a rule, the territorial authority shall have regard to the actual or potential effect on the environment of activities, including, in particular, any adverse effect.”

The relevant parts of Section 32 are stated below:

32. Consideration of alternatives, benefits, and costs

(1) In achieving the purpose of the Act, before a proposed plan, proposed policy statement, change, or variation is publicly notified, a national policy statement or New Zealand coastal policy statement is notified under section 48, or a regulation is made, an evaluation must be carried out by –

…..

(c) the local authority, for a policy statement or a plan (except for plan changes that have been requested and the request accepted under clause 25(2)(b) of Part 2 of Schedule 1); or….

(2) A further evaluation must also be made by –

(a) a local authority before making a decision under clause 10 or clause 29(4) of the Schedule 1; and…..

(3) An evaluation must examine –

(a) the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and

(b) whether, having regard to their efficiency and effectiveness, the policies, rules or other methods are the most appropriate for achieving the objectives.

(4) For the purpose of this examination, an evaluation must take into account –

(a) the benefits and costs of policies, rules, or other methods; and

(b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods.

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(5) The person required to carry out an evaluation under subsection (1) must prepare a report summarising the evaluation and giving reasons for that evaluation.

(6) The report must be available for public inspection at the same time as the document to which the report relates is publicly notified or the regulation is made.

2. Background It is proposed to apply a new zoning with mixed use characteristics to some areas of Albany and Browns Bay. Both locations are suburban town centres.

2.1. Albany Village Albany Village is a small town centre bisected by State Highway 17 that runs from the Northern Motorway in a north westerly direction. The land on the western side of SH 17, from Library Lane to just opposite the intersection with Gills Rd is predominantly zoned Business 2, with some adjacent reserve land. There is also some land zoned Residential 7 to the north of the Business 2 land. These areas have a range of town centre activities including retail, office commercial, residential and community facilities. As Appendix 1 shows, these two areas are proposed to be zoned mixed use.

The eastern side of SH 17 is predominantly zoned Business 9. Land use activities on this side of the Highway include a number of car yards, light industry and a concrete plant and a large pub. There is also the development known as Albany Central on the south eastern edge of the Village that has some mixed use characteristics. Consideration has been given to rezoning some areas of the Business 9 zone, particularly at the north eastern tip adjacent to Gills Reserve and Lucas Creek. The Albany Centre Plan released in 2001 suggested that this area could be zoned residential. However, in light of the proximity to the concrete plant and potential reverse sensitivity issues with that and other areas of light industry in the Business 9 zone, it is considered that these areas are not currently suitable for a mixed use zoning. There is also a shortage of Business 9 land in the area (the nearest being off Rosedale Road to the south) and in North Shore generally, so rezoning this land is not considered appropriate at this time.

The Albany Centre is currently being developed and it is considered that there is potential for Albany Village to capitalise on this and initiate redevelopment on the western side of SH 17.

The current zoning Residential activity in Business 2 zones is a permitted activity above ground, but is a discretionary activity at ground level fronting the street. The commercial parking requirements in Business 2 zones are quite onerous and developers often struggle to accommodate the required carparks. This means that principles of good urban design are often sacrificed in order to fit the required carparking onto the site. In addition to this, any residential development greater than 50m2 requires two carparks. To avoid this requirement developers often develop sites with all or predominantly all the units being 49m2, which enables them to maximise the site potential by limiting the number of carparks to be provided. Unfortunately it also creates a development with units all of one size that does not serve the different needs of the community.

The height limit in the Business 2 zone is 9m. This height limit does not promote innovative methods of dealing with the location of parking on sites. If another storey of height is available there is potential to make the location of underground parking financially viable. This has excellent urban design benefits. Locating parking on the first floor is also possible.

The rules in the Business 2 zone allow developments with good urban design to take place, but they do not always actively promote such developments. Likewise, the assessment criteria in the Business 2 zones also include good urban design principles but the zone does not focus on these principles, which can make their implementation difficult.

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The Residential 7 zone is designed for small scale business activities that can act as a buffer between residential areas and the more intensive aspects of business activities. There are no other residential areas near the site so there is no need for a buffer zone in this respect. The effect of more intensive development on the amenity of the neighbouring reserve would be minimised by the application of a landscape amenity yard.

The land use activities currently on the site include some small scale prefabricated buildings and a restaurant and art gallery. It is considered that the location of this land in the town centre is suitable for more intensive development. There is also a replica of the original farm cottage that was located in the area but burnt down and was subsequently replaced. The replica is not considered worthy of scheduling in the district plan but there may be community and heritage aspects of the site that need to be taken account of if the site is redeveloped.

2.2. Browns Bay The Browns Bay town centre is an area of flat land adjacent to Browns Bay beach and bounded by natural bluffs on the north and south. It is zoned Business 2, with some Business 9, Residential 6 and Recreation land. As Appendix 1 shows, the area that is proposed to be zoned mixed use is part of the land zoned Business 9 immediately adjacent to Bute Road on the northern side, and the area zoned Business 2 between Clyde Rd and Beachfront Lane.

The Business 9 area comprises land use activities including light industrial and warehousing, and service activities (the RSA and Video Ezy). The Business 2 area contains normal town centre activities including retail, commercial offices and service industries.

The current zoning While the current land use activities in the Business 9 zoning do not overly detract from the amenity of the town centre, it is considered that there are advantages to be gained from introducing a mixed use zone in this area. Areas zoned Business 9 tend to be areas of more moderate amenity than most other areas. Any redevelopment in a mixed use zone will need to take account of urban design principles expressed in the plan change. It is considered that such development will be more appropriate for a town centre such as Browns Bay.

Business 9 zones do not generally permit the location of residential activities. If the area is changed to a mixed use zone, this will increase the potential capacity of the residential sector of the area. If the permitted height of developments is increased there is scope to further increase the density of residential activities whilst also locating commercial activities on the ground floor and where possible on upper floors as well. Changes of this nature provide the potential to increase the population base of the town centre and the demand for local services, whilst retaining many of the employment opportunities afforded by the current Business 9 zoning.

The Business 2 area between Beachfront Lane and Clyde Road has similar issues to that discussed above in the Albany area, particularly in respect of commercial and residential parking. Permitted development height, at 12.5m, is higher than that permitted in the Albany area. This higher limit was set by an Environment Court decision in 2003 and it is considered that this is appropriate in terms of its relationship to the beach frontage. Development that fronts onto Beachfront Lane is very scattered and has poor urban design quality, especially in relation to varied building setbacks and parking on the street frontage. It is considered that a zoning with more focused urban design requirements may assist in remedying this situation should redevelopment occur.

In September 2001 the Browns Bay Centre Plan was released. It developed proposals as to how the centre might be revitalised. The Centre Plan proposed that a zone with mixed use characteristics should be applied particularly to the strips of Business land adjacent to the bluffs on the northern and southern side of the town centre. This plan change recommends only that the land adjacent to the Bute Road and the Beachfront Lane area be zoned mixed use. The two plans differ for the following reasons.

The philosophy of this mixed use zone plan change is that it should initially be applied only to small discrete areas in Albany and Browns Bay. By doing this any development in these

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areas can be monitored and assessed against the rest of the development around the City. This will help determine whether the provisions of the mixed use zone are working and whether it should be rolled out to other areas.

Furthermore, the Browns Bay Centre Plan recommended that the Business 9 zoned areas along Beach Road and Anzac Road be zoned mixed use. As the Centre Plan states these Business 9 areas do not provide an attractive gateway to Browns Bay. However this Business 9 area is important to the Browns Bay community as the nearest other Business 9 land is adjacent to Rosedale Road. It is not considered appropriate to rezone it to mixed use at this time.

It is also noted that the frontage of some of the properties north of Bute Road lie on the edge of a flood plain. While building is generally not encouraged in a flood plain, as residential will generally not be permitted at the ground floor, such development in the flood plain will be a commercial risk that can be reduced by appropriate engineering.

The area between Beach front Lane and Clyde Road is also proposed to be rezoned to mixed use. The Browns Bay Centre Plan did not recommend this course of action but plan change 19 recommends this for the reasons discussed above in terms of parking and urban design quality.

2.3. Strategic direction There are a number of regional and local strategic documents that are relevant to the proposals contained in this plan change.

2.3.1. Auckland Regional Policy Statement (ARPS)

The Regional Policy Statement encourages the creation of a quality built environment which promotes transport efficiency. It also encourages higher intensity at certain urban locations and around selected nodes and corridors.

Relevant provisions include:

Strategic Objectives 2.5.1 (2) Maintain and enhance the overall quality of the environment of metropolitan

Auckland…;… 2.5.1 (6) Promote transport efficiency and to encourage the efficient use of natural and

physical resources, including urban land, infrastructure and energy resources.

Strategic Policies 2.5.2 (3) Urban intensification at selected locations is provided for and encouraged. 2.6.2 (i) Urban intensification around selected nodes and along selected transport corridors; 2.6.2 (ii) Provide for higher intensities of urban activities at selected locations within areas of

new development; 2.6.2 (iii) Bring about patterns of activities that will mitigate the effects of increased travel &

improve the energy efficiency and convenience of urban areas.

2.3.2. Proposed Changes to the (ARPS) Relating to Mixed Use Development and Town Centres

The proposed changes to the Auckland Regional Policy Statement envisage “future growth within and around high density centres and corridors linked by an effective public transport system” (2.6.1).

Browns Bay is named as a town centre in the proposed changes. Town centres are considered suitable for intensification and are defined as; “… an urban area characterised by a mixture of functions including intensive retail, residential, community and business activities. Town centres give the local area and community much of its identity. Town centres differ from pure retail centres and business parks which tend to be dominated by single use activities. A town centre is generally defined as the area within a 400 - 800m radius, or a 5 to 10 minute walk, of its centre.”

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The definition anticipates a mixture of functions, which is reflected in the character of a mixed use zone.

In the proposed changes, Albany Centre is named as a sub regional centre and a future urban area, but Albany Village is not named as this or a town centre. Policy 12 under Existing Urban Areas (outlined below) states that urban intensification may occur in locations other than those listed if it can demonstrate that it will not compromise the achievement of Policies 2.6.5.1 – 2.6.5.6 (also outlined below).

It is considered that Albany Village can demonstrate that it will not compromise the achievement of these policies. Development will not negatively affect urban intensification in the listed locations – the expanding Albany Centre will serve as a catalyst for some of the redevelopment in Albany Village. There are frequent local bus services, particularly at peak times, and the new Albany bus station is on the other side of the Albany Centre, so any development in this area is co-ordinated with the transport network serving the area. A move to a mixed use zone will support intensification and compact mixed use environments. Finally, the business sectors outlined in policy 6 are exactly the type of businesses that the mixed use environment is designed for. It is considered that Policies 2.6.5.1 – 2.6.5.6 will not be compromised by the location of a mixed use zone in the Albany Village.

The proposed changes to the RPS include the following.

2.6.1 Strategic Objectives (p 2-21) “The Strategic Direction for the Auckland region is one of containment of urban development within defined limits and accommodating future growth within and around high density centres and corridors linked by an effective public transport system”. …3. To achieve a compact well designed more sustainable urban form served by an

integrated multimodal (private vehicles, public transport, walking and cycling) transport system….

5. To achieve a built environment within the region’s metropolitan area and rural and coastal settlements that has a sense of identity and character, has a range of densities and users, is visually pleasant, functionally efficient, environmentally sustainable and economically vibrant.

2.6.5 Strategic Policies Urban Structure (p 2-26) High Density Centres and Corridors - Policies 2.6.5.1 – 2.6.5.6

1. Urban intensification is to occur in specified locations (including areas identified in Schedule 1A) to provide the focus for the Region’s residential, commercial and retail growth.

2. A network of high density centres and corridors is developed which are linked by high quality public transport ranging from frequent local bus services supplemented by express buses to rapid transit (rail or bus) on separate rights-of-way.

3. Development within high density centres and corridors should be in a form that supports compact mixed use environments

4. The structure and sequencing of urban development in the high density centres and corridors should support and be coordinated with the development, implementation and operation of the transport network serving the area.

5. High density centres and corridors identified in Schedule 1A should be developed for a range of uses including those listed below in Policy 2.6.5.6 residential, and open space.

6. The following business sectors support high density centres and corridors and should be encouraged to locate there:

i. Retail Trade ii. Accommodation, cafes and restaurants iii. Communication Services iv. Finance and Insurance

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v. Property and Business Services vi. Government Administration vii. Health and community Services viii. Cultural and Recreational Services ix. Personal and other Services x. Educational facilities

Existing Urban Areas (p2-26) 11. Existing urban areas shall be managed so that amenity values and character are

maintained and enhanced. 12. Urban intensification may only occur in locations other than those listed in Schedule 1

(i.e Albany Village – see discussion above) if it can demonstrate that this will not compromise the achievement of Policies 2.6.5.1 – 2.6.5.6.

…2.6.8 Strategic Policies Urban Design (p2-29) 1. The design of new urban areas and the management and promotion of change in

existing urban areas is to occur so that: (a) There is a diversity of urban environments (including building types and densities) and

living choices for individuals and communities);… (c) Buildings, public spaces and road corridors contribute to a vibrant, liveable and

attractive environment with a sense of place;… (e) Public transport, roading, cycling and walking networks are integrated with each other

and the land uses they serve;… (j) Remaining natural features and their relationship with built elements is recognised and

protected, and where appropriate, enhanced;…

2.6.11 Strategic Policies Land Use and Transport Integration (p2-31) 1. Land use and transport shall be integrated throughout the region to ensure that: a. within urban areas land use patterns provide communities with improved access to a

range of services and activities;… l. existing urban areas within the MUL are better served by public transport.

2. Land use and transport shall be integrated within high density centres and corridors to ensure that:

a. high density centres and corridors are able to be served by the public transport network;…

c. high density centres and corridors are planned to develop to a density which supports planned transport infrastructure and service improvements;

d. provision is made for transport improvements which deliver a multi-modal transport system (including walking and cycling) in a manner which supports quality, compact and contained high density centres and corridors.

2.3.3. North West Sector Agreement

The North West Sector Agreement includes both Browns Bay and Albany Village as nodes for intensive forms of housing in and around commercial centres. Relevant parts include the following.

1.1 Summary of Growth Opportunities “NSCC is planning to enable the following future growth opportunities over the next 20 years:

Intensification in and around town and village centres;… Mixed use development on selected transit corridors;… Intensification of employment areas in central locations close to public transport;

2.3.4. North Shore City Documents

The following documents and provisions support what plan change 19 is trying to achieve.

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North Shore City Strategic Plan Outcome: A quality built environment A sustainable city with land use supported by efficient infrastructure and transport

North Shore City Blueprint Objectives 8. Improvement in the quality of urban developments

North Shore City District Plan 6.4 Urban Growth Strategy To effectively manage growth & change by: Achieving the maintenance and enhancement of a high quality built environment. Policies

1. Development opportunities will be provided for in and around selected sub regional, town and village centres…;

6. To integrate transport and land use planning in order to maintain and enhance accessibility;

9. Integrated planning of growth to match the needs of the community and the capacity of infrastructure needs to be used in a way that protects environmental values, and avoids the adverse effects of growth that will arise if land use, community and infrastructure planning is not co-coordinated and sequenced correctly.

GuidelinesThe Good Solutions Guide for Mixed Use Development in Town Centres was released in June 2005. The Guide outlines good practice guidelines for those considering undertaking a mixed use project.

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3. Why is a move to a mixed use zone considered appropriate? The preceding discussion has established that any redevelopment in the nominated areas may not take an optimum form under the current zoning. Introducing a zoning with mixed use characteristics may help to ensure that better development takes place. Such a move is also supported by local and regional strategic plans and policy statements. In summary;

IssueSome development that is taking place in some of North Shore City’s town centres does not provide high quality living environments or contribute positively to the public realm of the town centre and adjacent area.

Objective The objective of this mixed use plan change is to introduce District Plan provisions that encourage quality development in both the private and public realm. The zone needs to provide for a mix of business and residential activities in town centres, in a manner that achieves a high quality urban environment and an interesting and vibrant town centre.

It is considered that the introduction of a zoning with mixed use characteristics will further the purpose of the Act. The following discussion details how each proposed change is the most appropriate for achieving the objective.

4. Elements of the proposed plan change The previous discussion has established a case for a zoning change in the nominated areas. The following discussion details each aspect of the proposed plan change.

4.1. Context 4.1.1. Issue

New developments not respecting or integrating well with the context in which they are located.In developing areas, where there is no or little relevant context mixed use buildings should respond to the intended character of the area.

4.1.2. Current objectives, policies and rules:

Proposed ARPS changes 2.6.8 Strategic Policies Urban Design 1. The design of new urban areas and the management and promotion of change in

existing urban areas is to occur so that: … (c) Buildings, public spaces and road corridors contribute to a vibrant, liveable and

attractive environment with a sense of place;…

District Plan Most development is a controlled activity in the current zones by virtue of;

15.5.1.3;Any activity shall have Controlled activity status provided that it:

e) Falls within any of the following circumstances:

• Any activity on a site within a Buffer Strip (i.e. includes all those parts of a business zoned site which lie within 30 metres of a residential zone boundary (refer to Section 21: Definitions)), which: - Results in changes to the external appearance of any site or any building visible

from and within 30 metres of any road or residential zone - Increases the cubic capacity of building(s) - Alters pedestrian or vehicle access to the site; or - Results in an activity which is not similar in character to the previous activity on

the site.

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• Any new development, or addition or alteration to an existing building within any zone, except for non Buffer Strip sites in the General 9 and 10 zones, which: - Results in changes to the external appearance of any site or any building visible

from and within 30 metres of any road, residential zone, or recreation zone - Increases the cubic capacity of building(s); or - Alters pedestrian or vehicle access to the site

15.7.1.1 General Assessment Criteria

a) Design and external appearance i) The extent to which buildings and development are appropriate to the character and

quality of their surrounds ii) The extent to which proposals will impact on the visual amenity values of properties

within the zone and in adjoining zones, and including as appropriate: - whether materials, building form and detailing are appropriate to the character of

the surrounding area 4.1.3. Options:

1. Rely on developers to integrate their buildings with other buildings in the locality; 2. Refer to non statutory guidelines (such as the Good Solutions Guide for Mixed Use

Development in Town Centres) to indicate how new mixed use developments can be integrated with existing town centres;

3. The status quo – currently most development altering the external appearance of buildings in business zones is a controlled activity. Keep all new mixed use developments as a controlled activity with additional criteria to determine how well buildings are integrated into the town centre.

4.1.4. Assessment of the options

Note: Efficiency and effectiveness criteria focus on the implementation of the plan and associated costs, while the benefits and costs criteria focus on the actual effects on the environment.

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Rely on developers

BenefitsReduced compliance costs. Variety of building designs. Many existing buildings generally of poor quality. CostsDevelopments may not have regard to neighbouring sites. Intended character sought may not be achieved.

Lack of control or guidance in the District Plan may mean that poor development results.

Up to individual developers whether the objective/policy is achieved with no control or guidance provided by the District Plan or any non statutory documents or guidelines. Effectiveness depends on individual developers.Efficient in terms of reduced processing time.

Option 2 – Non Statutory guidelines

BenefitsProvides a greater degree of guidance than option 1 Flexibility to change or update guidelines – simpler process than if they were part of the District Plan. CostsGuidelines can be disregarded unless incorporated into the District Plan.Same as option 1.

No control or guidance provided by the District Plan. Developers have some guidance but in the end the design is left to the discretion of individual developers and poor development may result.

Guidelines sitting outside the District Plan would have limited effect and could be disregarded by developers, so may be ineffective. Guidelines would however provide some guidance on appropriate design. Good solutions guidelines already published so this is an efficient option.

Option 3 – ControlledActivity

BenefitsProvides guidance and the ability to control the design of buildings.

Assessment criteria do not achieve the intended outcomes – as a result of poor drafting, different

Council retains some control over the design of building through controlled assessment criteria.

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Supports proposed changes to ARPS. CostsAssessment criteria not always effective in achieving intended outcomes – depends on how well they are drafted and applied.

interpretations and/or not being applied correctly.

The extent to which the criteria are able to influence building design depends on how well drafted and implemented.Not as efficient as options 1 and 2 as requires more Council involvement.

4.1.6. Preferred option

Option 2 – use non statutory guidelines; Option 3 - Make all new mixed use developments a controlled activity with assessment criteria to determine how well buildings are integrated into the town centre.

4.1.7. Reasons

Provides guidance and the ability to control the design of buildings. Should be more effective than option 1. Good combination of guidelines and rules. Supported by proposed policies in ARPS.

4.1.8. Proposed provisions

In addition to the controlled activity criteria set out above, an addition to 15.5.1.3 e) controlled activity status is proposed;

15.5.1.3 e);Any activity shall have Controlled activity status provided that it:

e) Falls with any of the following circumstances:… • Any new development, or addition or alteration to an existing building in the Business

12 - Mixed Use zone, with a frontage more than 28m or a site area of more than 1,500 m2

• Any new development or addition or alteration to an existing building in the Business 12 - Mixed Use Zone on a corner site

Proposed Assessment Criteria

15.7.2.2 Context • New mixed-use developments should respect and integrate well with the context in

which they are located by responding to the proportions, structural modules and solid-void relationships of neighbouring buildings.

• In developing areas mixed use building should respond to the intended character sought in the area.

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4.2. Street frontage 4.2.1. Issue:

Mixed use buildings need to have good visual contact with the street – for amenity and safety (passive surveillance) reasons. Large areas of blank wall are unattractive and detract from the quality of the urban environment. Developments in town centres often fail to provide a continuous street frontage. Building to the street boundary creates a sense of definition and enclosure that establishes a strong relationship with the street and helps define the public realm.

4.2.2. Relevant objectives, policies and rules:

15.6.2.4;Business 2 zone – front yard setback of nil Business 9 zone – front yard setback of 7.5m 16.6.1.4Residential 7 zone – front yard setback of 5m

15.7.1.2 Additional Assessment Criteria for Controlled Activities: Suburban 2

a) The design and external appearance of buildings and development i) The extent to which buildings and development respond to the visual character and

quality of its surrounds, and in particular: - The maintenance of uninterrupted street facades to retail frontages and glazed

street frontages along streets with a predominantly retail character - The extent to which development contains or defines the street edge or any

public open space 4.2.3. Options:

1. Leave it to the discretion of the developer to put in retail display windows; 2. Prepare non statutory guidelines for the design of mixed use developments; 3. Make mixed use developments a controlled activity with assessment criteria to determine

the appropriateness of the design of the frontage; 4. Control the development of the frontage via rules; 5. Status quo - use a combination of rules and assessment criteria to control frontage

development. 4.2.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Discretion of the developer

BenefitsFlexibility for developers/landowners. CostsMay have some frontages which are blank walls – especially where ground level parking is developed.Continuous street frontage is unlikely to be developed.

No control or guidance provided by the District Plan. Design of building frontage left to the discretion of individual developers. Continuous street frontage is unlikely to be developed.

Frontage development left to the discretion of the developer – intended outcomes sought may not be achieved – not effective. No ability to influence outcomes sought. Efficient in terms of implementation and administration.

Option 2 – Non Statutory Guidelines

BenefitsSome guidance is provided on the outcomes sought. Still a large degree of flexibility as the guidelines are non statutory. CostsSame as option 1.

Guidelines are ignored due to their non statutory nature and outcomes are not achieved.

Guidelines would sit outside the District Plan, would have limited effect and could be disregarded by developers, so not effective. Guidelines not efficient to produce if would be ignored.

Option 3 – BenefitsThere is some control over

No ability to decline controlled activities.

Council retains some control over the design of building

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ControlledActivity status

the design of the frontage in the District Plan. Flexibility is provided through assessment criteria specifying the outcomes sought.CostsWhether outcomes are achieved is dependant on the drafting of the assessment criteria and their interpretation and implementation.

through controlled activity assessment criteria., so may be effective depending on drafting and implementation. Less efficient than option 1.

Option 4 - Rules

BenefitsGreater certainty – there is no discretion or interpretation required.Good method for obtaining nil street frontage. CostsLittle or no flexibility. Rule may not suit every circumstance.

Rules may not suit every circumstance – little flexibility.

Have to be able to specify exact frontage requirements in a rule. Difficult to do and provides Little flexibility, so not very effective in terms of design. . Quite effective for nil street frontage however.

Option 5 – Status quo - combination of rules & assessment criteria

BenefitsCombines both certainty of the amended rules and flexibility through the additional assessment criteria so outcomes sought have a greater chance of being achieved. CostsCompliance costs associated with resource consents.

Compliance costs associated with resource consents. Whether outcomes sought are achieved depends on the drafting of the rule & assessment criteria and their implementation.

Combines the advantages of options 3 & 4 – with certainty through the rule and the ability to incorporate some flexibility through assessment criteria. Using the same tools but changing the rules and assessment criteria to try to ensure that a more effective result is achieved. Not as efficient as some other options due to implementation and administration.

4.2.5. Preferred option

Option 5 - Use a combination of rules and assessment criteria to control frontage development. See also the section on Parking (re parking at the street frontage).

4.2.6. Reasons

Combines both certainty of the rule and flexibility through the assessment criteria so outcomes sought have a greater chance of being achieved.

4.2.7. Proposed provisions

Policy 1 The design of buildings at the street frontage shall incorporate significant area of shop front display glazing/windows and entries so that there is good visual contact/direct relationship/ a high degree of passive surveillance between the street and inside the adjacent building. Large areas of blank walls should be avoided through the use of glazing, articulation and architectural detail.

Rules 15.6.2.4 Yards Nil front yard which may only be increased by way of a restricted discretionary activity application

15.6.1.6 e)- Non complying activities In the Business 12 - Mixed Use zone, any parking on the site at ground level, adjacent to the street frontage or any space in public ownership, is a Non-Complying activity.

15.6.3.12 Street Frontage Width and Design Features: Business 12 - Mixed Use Zone In the Business 12 - Mixed Use zone:

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a) Buildings shall have a maximum ground level frontage width for individual occupiers of 15 m.

b) Areas of continuous solid wall shall not exceed a length of 6 m at ground floor level and should not be adjacent to other areas of solid wall, but in all cases buildings shall have a minimum of 75% glazing at the street frontage at ground floor level.

c) Buildings shall have a verandah extending for the full length of the building between the ground and first floor levels, except above any driveway or plaza area.

d) Entrances off the street shall be at grade with street level.

Control Flexibility The street frontage width and design features in the Business 12 - Mixed Use zone may be varied by way of a Limited Discretionary activity application.

Assessment criteria 15.7. 4.11 Front Yard in the Business 12 - Mixed Use Zone

• The location and area of setback should be designed so as to contribute positively to the continuity of buildings, frontage and verandah cover;

• The front yard should contribute positively to the relationship and compatibility of the building to adjoining buildings and others in the locality;

• Any front yard or setback should contribute positively to the streetscape and sense of containment;

• The proposed use and development of the area of setback should have public or public amenity benefits;

• The setback should avoid overshadowing of public spaces; • Front/setback screening elements such as trees, benches or screens should help

maintain the street frontage; • Any setback must avoid any concealed areas or other areas which could be a potential

safety issue.

15.7.4.12 Street frontage width & design in the Business 12 - Mixed Use Zone

• Development along all street frontages should achieve good visual contact with the street

• The location and size of retail display windows should contribute to an interesting streetscape;

• The building frontage should contribute in a positive manner to the functioning of the area;

• The visual amenity of the streetscape should be enhanced by the scale, length and size of walls

• A high quality of building design, decoration (including the use of murals and artworks), colours or materials may compensate for the reduced retail display windows.

See also the section on Parking (re parking at the street frontage).

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4.3. Minimum Frontage & Site Area 4.3.1. Issue

More efficient use and development of land can be achieved if smaller sites are amalgamated for mixed use development. This is particularly so in respect of onsite carparking.

4.3.2. Relevant objectives, policies and rules

15.3.1 Business Development

ObjectiveTo manage the effects of activities within the city in a manner which maximises opportunities for business development and employment, consistent with the requirement to ensure that the adverse effects of activities are avoided, remedied or mitigated.

Policies7. By ensuring that new business development does not result in adverse social and economic effects by causing a decline in amenity in existing centres or the positive contribution made by existing shopping centres to the social and economic wellbeing of people and communities in the city.

4.3.3. Options:

1. Status quo - leave site area and site amalgamation to the discretion of the developer. 2. Specify min site frontage and area so that amalgamation of lots is required/encouraged

(i.e based on combining two lots). Proposals unable to comply would become a discretionary activity.

3. Specify min site frontage and area so that amalgamation of lots is required/encouraged (i.e based on theoretic ideal lot size and frontage length). Proposals unable to comply would become a discretionary activity.

4.3.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Leave it to the discretion of the developer.

BenefitsAll lots potentially can be developed for mixed-use development.No reliance on land acquisition or negotiations between different land owners.Likely to see a range of mix use developments (in terms of size and scale). CostsInefficient development of land – especially in terms of carparking if a number of small mixed use developments take place, each with their own parking areas, access etc.

Inefficient development occurs – with duplication of several small parking areas.

If District Plan has no controls requiring min lot area or min site frontage, amalgamation will not be encouraged. Not effective. Efficient in terms of implementation and administration.

Option 2 - Specify min site frontage and area so that amalgamation of lots is required/encouraged -based

BenefitsWould encourage site amalgamations – thereby making more efficient use of land especially in relation to the provision of parking. Larger lots that are still efficient to develop are not subject to the amalgamation rule. Costs

Land acquisition difficulties means that not many mixed use developments occur. If they do, less variety of buildings – fewer, larger developments.

Doesn’t reflect areas where may be adjacent large lots that are efficient to develop in themselves.

District Plan specifies min lot size and frontage which are based on the amalgamation of two typical lots in the relevant area (Browns Bay & Albany Village). Appropriate size of lots based on what is in the locality, so it is grounded in local conditions. More effective than a theoretical

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on combining two lots. Proposalsunable to comply are a discretionary activity.

May be difficult for developers to acquire the additional land required. Would result in a lesser number of larger developments – less variety. Certain degree of arbitrariness regarding lot size and min site area.

ideal which may be unachievable.Rule is efficient and easy to administer.

Option 3 - Specify min site frontage and area so that amalgamation of lots is required/encouraged - based on theoretically ideal lot size and frontage length.Proposalsunable to comply are a discretionary activity.

BenefitsWould encourage site amalgamations – thereby making more efficient use of land especially in relation to the provision of parking. CostsMay be difficult for developers to acquire the additional land required. Would result in a lesser number of larger developments – less variety. Certain degree of arbitrariness regarding lot size and min site area, although less than option 2 as standards are based on a theoretical ideal.

Land acquisition difficulties means that not many mixed use developments occur. If they do, less variety of buildings – fewer, larger developments.Theoretical ideal not always achievable given the lot sizes in the areas.

New District Plan provisions that specify minimum lot size and frontage which are based on a theoretical ideal min lot size and site area should encourage more efficient use of land. But it may not be effective if the theoretical ideal is unachievable in the area – eg too many lots are required to amalgamate.

4.3.5. Preferred option

Option 2 - Specify min site frontage and area based on combining two lots so that amalgamation of lots is required/encouraged. The acceptable lot size and frontage length are based on the standard lot sizes in the areas to be rezoned.

4.3.6. Reasons

Would encourage site amalgamations of smaller sites – thereby making more efficient use of land especially in relation to the provision of parking.

Basing the amalgamation size on sites in the locality ensures that site amalgamations are achievable as two sites is the maximum that might have to be amalgamated.

4.3.7. Proposed provisions

Policy4. Site Area Development on larger or amalgamated sites is encouraged in order to make more efficient use of urban land and infrastructure.

Rules 15.5.1.3e) Falls with any of the following circumstances:… • Any new development, or addition or alteration to an existing building in the Mixed Use

zone, with a frontage more than 28m or a site area of more than 1500 m2 shall be a controlled activity.

15.5.1.5c) Falls with any of the following circumstances:… • Any activity in the mixed use zone, that does not comply with the site frontage or site

area requirements in 15.5.1.3 will be assessed as a discretionary activity.

Assessment criteria 15.7.3. 8 Site Frontage or Site Area in the Business 12 - Mixed Use Zone

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• A mix of activities should be accommodated on the site; • The activities and the design shall have sufficient regard to the amenities of adjacent

residential properties, in particular the development should be designed so as to provide adequate buffering or separation distance between activities;

• the required amount of car parking should be accommodated on site in an appropriate location.

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4.4. Corner Sites 4.4.1. Issue:

Mixed use developments on corner sites need to be designed in a manner that reflects the location on a corner. The majority of buildings in town centres on corner sites are not designed in a manner that reflects their corner location. As a result an opportunity is lost to enhance the built environment and provide a sense of place.

4.4.2. Relevant objectives, policies and rules:

Rules 15.5.1.3;Any activity shall have Controlled activity status provided that it: e) Falls within any of the following circumstances:

• Any activity on a site within a Buffer Strip (i.e. includes all those parts of a business zoned site which lie within 30 metres of a residential zone boundary (refer to Section 21: Definitions)), which: - Results in changes to the external appearance of any site or any building visible

from and within 30 metres of any road or residential zone - Increases the cubic capacity of building(s) - Alters pedestrian or vehicle access to the site; or - Results in an activity which is not similar in character to the previous activity on

the site. • Any new development, or addition or alteration to an existing building within any zone,

except for non Buffer Strip sites in the General 9 and 10 zones, which: - Results in changes to the external appearance of any site or any building visible

from and within 30 metres of any road, residential zone, or recreation zone - Increases the cubic capacity of building(s); or - Alters pedestrian or vehicle access to the site

15.7.1.1 General Assessment Criteria a) Design and external appearance iv) The extent to which architectural features have been incorporated into the development’s design to emphasise corners, or the end of the street, and/or to terminate a vista.

4.4.3. Options:

1. Leave the design of buildings located on corner sites to the discretion of the developer. 2. Have a rule requiring appropriate design of buildings located on corner sites. 3. Make buildings on corner sites a controlled activity and have assessment criteria to

achieve appropriately designed buildings. 4.4.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Leave the design of corner sites to the discretion of the developer

BenefitsThere is flexibility for the developer to determine appropriate building design for corner sites. CostsBuilding design may not acknowledge or take advantage of its corner location thereby missing an opportunity to enhance the built environment.

Inappropriate building design for corner sites does not achieve a quality development or contribute towards a “memorable” built environment.

No District Plan controls on corner sites – up to the developer. Efficient in this respect but may not be an effective option if developer does not choose to design for a corner location.

Option 2 – Rule requiring

BenefitsOutcomes relating to corner sites are likely to be

Reduced flexibility to take into account different circumstances.

District Plan rules specify separate requirements for corner sites – through

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appropriate design of corner sites

achieved.Standards can be justified from an urban design perspective.CostsLoss of flexibility for designers & developers. Difficult to design through rules – other than straight forward bulk and location matters.

There is always an element of arbitrariness when standards are imposed. Difficult to achieve good design through standards.

setbacks, height, verandah controls.Efficient to implement as relatively straightforward rules.

Option 3 – Controlledactivity & assessment criteria

BenefitsFlexibility to consider different design solutions for building design on corner sites.CostsControlled activities can’t be declined, only conditions imposed.Assessment criteria are open to interpretation and its effectiveness depends on how well it is drafted and implemented.

Implementation of assessment criteria is not effective in achieving good design outcomes for corner sites.

Assessment criteria enable different design options to be considered and assessed against the outcomes sought.Not the most efficient option but possibly the most effective.

4.4.5. Preferred option

Option 2 – Rules requiring setbacks, height and verandah controls (see other sections on setbacks, height, and height to boundary); Option 3 - Make buildings on corner sites a controlled activity and have assessment criteria to achieve appropriately designed buildings.

4.4.6. Reasons

Basic bulk and location rules are a useful tool for setting boundaries for development. Assessment criteria enable different design options to be considered and assessed

against the outcomes sought. 4.4.7. Proposed provisions

Rules 15.5.1.3 e);Any activity shall have Controlled activity status provided that it:

e) Falls with any of the following circumstances:… • Any new development or addition or alteration to an existing building in the Business 12

- Mixed Use Zone on a corner site

Assessment criteria 15.7.2.2 Business 12 – Mixed Use Zone Corner Sites • All corner development should reinforce the uniqueness of the location and contribute

to the legibility of the town centre. It should also support the creation of a distinctive, high quality urban environment through the quality of the architecture or the incorporation of public art or public open space.

• It is expected that the building’s articulation or façade treatment is used to express the building’s corner location through such means as: - nil setbacks - feature elements such as corner pediments, parapets, and awnings or verandahs

that wrap the corner - designing the corner to have more vertical emphasis with variations in height

• A clear separation of entrances should be provided for different uses. For example, the entrance to ground floor commercial/retail space should be located in the most prominent position at the corner, while an entrance to upper residential areas should be located on the façade on either street.

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4.5. Height 4.5.1. Issue:

Low height limits do not permit a site to maximise its potential, particularly in terms of providing better amenity through the provision of underground parking or parking above ground level. Excessively high buildings may be out of scale with the locality and adversely affect the amenities of adjacent residential and recreation zoned land by overshadowing, loss of privacy and visual domination. In Browns Bay, mixed use development along Bute Road should not be out of scale with the escarpment.

4.5.2. Relevant objectives, policies and rules:

Rules15.6.2.2 Maximum Height and Floor Area Ratio The maximum permitted height, and where applicable, the floor area ratio (FAR) for each of the business zones is set out in Table 15.3. Height limits in all the business zones, except for the Business Park 7G zone and Business 3 Area A, are measured from the mean ground level along the road frontage.

Bus 2 – 9m Bus 9 – 9m within 30m of a residential or recreation zone, otherwise 12 m. 16.6.1.2 Maximum Height Residential 7 – 8m

Control flexibility Bus 2: additional height up to 2 metres Bus 9: additional height up to 3 metres Residential 7 – up to 9m

Assessment criteria 15.7.4.8 Additional Height in Browns Bay Business Suburban 2 Zone The Council will consider the assessment criteria for Controlled activities as stated in Rule 15.7.1.1 and Rule 15.7.1.2 and the following specific criteria: a) The additional height should not occur over the whole of the building footprint. The

Council will normally expect that the additional height would occur over no more than 35 percent of the area of the building footprint.

b) Whether the development would diminish the value of the beachfront reserve to the community, in particular, its potential to adversely affect the character and amenity of that reserve through overshadowing and physical domination.

c) The degree to which the additional height is used to provide interest to the streetscape and roofscape, rather than simply increasing the bulk of the building.

d) Whether a development proposal which exceeds the height standards can be justified in terms of its landmark significance and its overall contribution to the local environment.

e) Whether the additional height above 12.5 metres promotes variety in building form, with particular attention being given to avoidance of repetitive block-like (rectilinear) building profiles.

f) Any future Centre Plan prepared for Browns Bay would also take more detailed account of specific height effects, such as view shafts.

4.5.3. Options:

1. No height controls; 2. Floor area ratio control only; 3. Height rule.

4.5.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving

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objectiveOption 1 – No height controls

BenefitsWould encourage redevelopment of areas with high rise apartments/mixed use.CostsLikely to be major public opposition given the history of height issues especially in Browns Bay. Development could be out of scale with the adjacent escarpment in Browns Bay and be out of keeping with the character in the Albany Village.

Objectives of the plan not likely to be achieved. Adverse effects associated with high rise development – out of scale, over shadowing, loss of views. Public opposition.

Would not achieve the objectives of the plan eg maintaining and enhancing amenity. Not effective. Efficient in that it provides a large degree of flexibility to developers.

Option 2 – Floor area ratio control only

BenefitsEnables diversity in the form and scale of buildings. CostsLack of certainty regarding heights that can be achieved on particular sites. May be some loss of views – depends on the size of the site and building configuration.

May be some adverse effects associated with high rise development – out of scale, over shadowing, loss of views on particular sites.

May not achieve the objectives of the plan – eg maintaining and enhancing amenity. Efficient in that it provides flexibility for developers.

Option 3 – Height rule

BenefitsProvides greater certainty on the building heights that can be achieved. CostsLess flexibility than floor area ratio approach. Likely to result in buildings of uniform height, regardless of site size.

Wall of buildings of uniform height results. No recognition is afforded to lot size. If the height level is set too low, will not encourage redevelopment, while if it is set too high, buildings may be out of scale with the locality and public and adjacent landowner opposition to the plan change.A uniform method of measuring permitted building height across the entire zone has the potential to negatively affect the amenity of some adjacent areas (see reasons below).

Efficient if heights can be set at a level that achieves the objectives of the plan in terms of building scale. Rule is easy to administer and understand so both efficient and effective.

4.5.5. Preferred option

Option 3 - Height rule – see proposed provisions. 4.5.6. Reasons

Heights can be set at a level that achieves the objectives of the plan in terms of building scale.

Provides greater certainty on the heights that can be achieved. Rule is easy to administer and understand. Provides adjacent resident landowners with a degree of certainty. Height of 14m on Bute Road in Browns Bay is lower than the escarpment. The following proposed provisions recommend different methods of measuring height in

the Browns Bay area and the Albany area. This is because in the Albany area the ground level falls away from the road. With the proposed permitted height there is a risk that standard application of the Mean Frontage Ground Level method could result in a structure that overwhelms the adjacent reserve area to the west of the Albany mixed use zone area.

4.5.7. Proposed provisions

Policy2. Scale/bulk

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The height, bulk and location of buildings do not adversely affect the amenities of adjacent residential and recreational zones. In Browns Bay, the height of mixed use development along Bute Road is to be below the level of the escarpment to the north.

Rules 15.6.2.2 Maximum Height and Floor Area Ratio The maximum permitted height, and where applicable, the floor area ratio (FAR) for each of the business zones is set out in Table 15.3. Height limits in all the business zones, except for the Business Park 7G zone, and the Business 3 Area A and the Business 12 – Mixed Use Zone Area A (Albany Village), are measured from the mean ground level along the road frontage. Where a site has more than one road frontage, the height limit shall be measured from the mean ground level along the higher road frontage, except for sites in the Glenfield Centre Business 2 zone which shall be measured from the mean ground level of the total road frontage. Buildings in the Business 3 zone Area A shall have their height measured from natural ground level for any part and not from mean ground level. Buildings in the Business 7G zone shall have their height measured from the ground level existing at October 1994. Buildings in the Business 12 – Mixed Use Zone Area A (Albany Village) shall have their height measured using the Mean Frontage Level Method for those parts of the site that lie within 50m of the road boundary. For the remainder of the site the Natural Ground Level Method must be used.

Business 12 - Mixed Use area A (Albany Village) 14m Business 12 - Mixed Use area B (Bute Road area) 14m Business 12 - Mixed Use area C (Beach Front Lane) 12.5m

Section 21 Definitions …Height (in relation to any building) There are three techniques available for establishing building height as follows: …

The different techniques shall be used in the following zones:

• Residential, Recreation, Rural and all Special Purpose zones except the North Shore Theatre and Conference Centre site in the Special Purpose 9 zone and the Special Purpose 11 zone, must use either the Natural Ground Level Method or the Mean Ground Level Method.

• All business zones except the Business 3 zone Area A and the Business 12 – Mixed Use zone (Albany Village) must use the Mean Frontage Level Method, however rear sites and sites with a crossfall in any direction of greater than two metres may use the Mean Ground Level Method.

• Business 3 zone Area A must use the Natural Ground Level Method.

• Special Purpose 9 zone North Shore Theatre and Conference Centre site must use the Mean Frontage Level Method, and the Special Purpose 11 zone Albany Centre Amenity Area must use the Natural Ground Level Method.

• Business 12 – Mixed Use zone (Albany Village) must use the Mean Frontage Level Method for those parts of the site that lie within 50m of the road boundary. For the remainder of the site the Natural Ground Level Method must be used.

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4.6. Height in Relation to Boundary 4.6.1. Issue:

Excessively high buildings close to a boundary may adversely affect the amenities of adjacent residential and recreation zoned land and the street or pedestrian accessways by overshadowing, loss of privacy and visual domination.

4.6.2. Relevant objectives, policies & rules:

15.3.4 Control of Adverse Effects

ObjectiveTo ensure that the adverse effects of business activities are avoided, remedied or mitigated.

Policies1. By requiring that business activities avoid, remedy or mitigate adverse environmental effects. 5. By ensuring that development does not overshadow public spaces or neighbouring residential areas to such an extent that adverse environmental effects are created.

15.3.5 Business Amenity

ObjectiveTo maintain or enhance levels of amenity within the different business zones and for residential and recreation zones that are in close proximity to business zones, and achieve high levels of amenity, consistent with the nature of activities permitted within the zone, in greenfield developments.

Policies4. By preventing developments in business areas that visually dominate roads, recreation spaces and residential areas, reflect the character of their particular business area and the need to provide an adequate separation from other buildings, residential activities and public spaces. 5. By ensuring that the separation distances between buildings, roads, and boundaries with recreation spaces and residential areas, reflect the character of the particular business area and the need to provide an adequate separation from other buildings, residential activities and public spaces.

Rules Business zones 15.6.2.3 Building Height in Relation to Boundary

No part of any building shall penetrate the sloping height planes specified in Appendix 15C.

Control Flexibility

Penetration of the sloping height plane by a vertical distance of up to 1.5 metres, except for the Browns Bay block bounded by Clyde Road, Beachfront Lane and Anzac Road, where no control flexibility is provided.

Appendix 15C

B – Recreation Zone

For Sites zoned Business 1,2,7,8,9,10

No part of any building on a site zoned business 1,2, 7,8 9,10 shall exceed a height of 10 metres plus the horizontal distance between that part of the building and the nearest part of any recreation zoned boundary.

C – Road

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For sites zoned Business 2, Business 3 Areas A, B, D and Business 11

No part of any building on a site zoned Business 2 or 3 Area A, B or D shall exceed a height of 10 metres plus the horizontal distance between that part of the building and the nearest part of any road boundary.

F – Beachfront Lane in Browns Bay or Beachfront Reserve in Browns Bay

For Browns Bay beach front area

No part of any building on a site zoned Business 2 in Browns Bay shall exceed a height of 9 metres plus the horizontal distance between that part of the building and the nearest part of either the beachfront reserve or the beachfront lane, whichever is the nearest.

Residential zones

16.6.1.3 Height in Relation to Boundary a) All residential zones except Residential 3 zone in Devonport No part of any building shall exceed a height equal to 2.5 metres plus the shortest horizontal distance between that part of a building and any site boundary:

4.6.3. Options:

1. Height in relation to boundary control only for adjacent residential and recreation zoned land.

2. Height in relation to boundary control off the road frontage. 3. Height in relation to boundary control off pedestrian accessways (Council owned, not

privately owned). 4.6.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Height in relation to boundary control only for adjacent residential and recreation zoned land.

BenefitsProvides adjacent residential and recreation zoned land with a good level of protection from overshadowing, domination. CostsReduced development potential on sites that border residential and recreation zoned land. Crude tool for protecting adjacent sites from overshadowing – as building design and orientation of site are also important.

ActingNo significant risks. Height in relation to boundary control is a commonly accepted control to protect the amenities of adjacent properties. Not an issue in Browns Bay due to the escarpment to the north of Bute Road. Rule does not take into account building design, location of neighbouring building and orientation to the sun and therefore may unnecessarily restrict development.Not ActingAmenity values of adjacent residential and recreation zoned land may be adversely affected – overshadowing, visual domination.

Would achieve the objectives of the plan. Provides a degree of flexibility to developers if their sites do not border adjacent residentially or recreation zoned land. Height to boundary control easy to understand and implement. The tool is effective.Relatively crude but widely used tool for preventing overshadowing or visually dominating buildings. Also easy to implement, so efficient.

Option 2 – Height in relation to boundary

BenefitsPrevents tall buildings from overshadowing the street. CostsSome loss of development

ActingDevelopment is set back above second floor level – affects the design of buildings.

Imposing such a rule will avoid the domination of the street, so can be considered effective.Although easy to implement,

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control off the road frontage.

potential with building required to be set back from the street frontage at the upper floors.

Setback may not be required depending on the orientation of the building to the sun – therefore loss of development potential. Overshadowing of the road is less important than recreation and residential land.Not ActingSome overshadowing of the street may occur eg when buildings up to 14m in height are hard up against the street frontage. A 14m high building at a nil street frontage may be beyond what is considered the ‘human scale’.

more efficient to implement if there is no rule at all.

Option 3 – Height in relation to boundary control off pedestrian accessways (Council owned, not privately owned).

BenefitsAssists in ensuring that pedestrianaccessways/malls have access to sunlight and are not over dominated by adjacent tall buildings. CostsSome loss of development potential with building required to be set back from pedestrian malls/walkways at the upper floors.

ActingSetback may not be required depending on the orientation of the building to the sun – therefore loss of development potential. Not ActingPedestrian malls and walkways may be overshadowed by adjacent tall buildings resulting in a loss of amenity – access to sunlight.

Would achieve the objectives of the plan – protects amenity of public space, so effective.

4.6.5. Preferred option

Option 1 – Height in relation to boundary control only for adjacent residential and recreation zoned land; Option 2 - Height in relation to boundary control off the road frontage. Option 3 – Height in relation to boundary control off pedestrian accessways (Council owned, not privately owned).

4.6.6. Reasons

Heights can be set at a level that achieves the objectives of the plan in terms of building scale.

Provides greater certainty on the heights that can be achieved. Rule is easy to administer and understand. Height to boundary control easy to understand and implement Provides adjacent resident landowners and users of the street with a degree of certainty

and protects their amenity and that of public space. 4.6.7. Proposed provisions

PoliciesThe height, bulk and location of buildings do not adversely affect the amenities of adjacent residential and recreational zones. In Browns Bay, the height of mixed use development along Bute Road is to be below the level of the escarpment to the north.

Rules Same as current business zone rules

Assessment criteria 15.7.4.10 Building Height in Relation to Boundary in the Business 12 - Mixed Use Zone

• Larger buildings should ensure that there are no, or minimal adverse effects on access to daylight and sunlight, particularly for outdoor living area or main living areas of adjacent residential dwellings;

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• Additional building height should be sympathetic to the surrounding landscape and landforms and retain visual and landscape values of prominent natural features;

• Additional height should have no adverse effects on adjoining sites in terms of loss of privacy through being overlooked from adjacent buildings and/or loss of view;

• In terms of visual dominance by buildings, there should be little or no adverse effects of increased height on the outlook from adjacent sites and public open spaces.

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4.7. Business Component 4.7.1. Issue:

Mixed use development must contain a significant business component otherwise opportunity for business & employment in town centres will be lost to residential development. Ideally a mix of business activities rather than one single large business activity should be accommodated in mixed use development to ensure a range of goods and services for the community and to add diversity and interest to the urban environment.

4.7.2. Relevant objectives, policies & rules:

Rules 15.5.1.5 Discretionary Activities Any activity shall have Discretionary activity status provided that it:… c) Falls within any of the following circumstances: • Activities with a residential component in the Sub-regional 6, Business Park 7 (but not

Business Park 7G), and the General 9 and 10 zones… • Any residential activity at ground level fronting a Business 1, 2, 3, 4 and 5 zoned

street…

Assessment criteria Business 2 zone 15.7.3.4 Residential Activities at Ground Level Fronting a Business 1, 2,3,4 and 5 zoned Street

a) The extent to which the residential development would result in a noticeable break in the ground floor shopping frontage of a commercial area

b) The proportion of ground floor commercial frontage occupied by ground floor residential developments. The Council will normally expert commercial activities to occupy more than 75% of the road frontage in a commercial centre.

4.7.3. Options:

1. Leave the amount of business activity in a mixed use development to the discretion of the developer;

2. Control the design of buildings (through assessment criteria) to make the ground and first floors of mixed use developments suitable for business (so that uses can change over time);

3. Rule restricting residential development to first floor and above; 4. Rule restricting residential development to second floor and above; 5. Rule restricting the maximum size of any business premises.

4.7.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Amount of business activity at the discretion of the developer

BenefitsLarge degree of flexibility. Allows the market to determine the nature and extent of business activity. CostsCould result in a loss of business zoned land with residential development dominating sites. If considerable amount of retail development was to locate in fringe mixed use zones, could adversely affect main streets.

Loss of business zoned land to residential activities, including loss of opportunity for light industrial activities – e.g. panel beaters etc.

Adverse effects on the mainstreet if significant retail development was to occur in fringe areas.

No District Plan controls. Rely on the market to determine the extent of business activity. Easy to implement, so efficient.Not effective in terms of ensuring an adequate balance between residential and commercial.

Option 2 – Control the

BenefitsBuildings will be designed to accommodate different

Once residential activities occupy business zoned land, difficult for a change in use

Effective as it future proofs the building so that activities can change over time and

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design of the building – e.g. ceiling to floor heights

business activities, even if they are not established initially. Allows the market to determine the extent of business activity. CostsOnce residential activities become established may be difficult to change uses, regardless of building design.

to occur. Loss of business zoned land to residential activities. Adverse effects on the mainstreet if significant retail development was to occur in fringe areas.

business activities can become established as demand increases. The District Plan provisions focus on design issues rather than the use, so it is efficient.

Option 3 – Rule restricting residentialdevelopment to first floor and above

BenefitsOpportunity is provided at ground floor level for business activities. Should be market demand for businesses at ground floor level. CostsMay not be demand for business activities initially especially in locations remote from the main street – result in vacant buildings which detracts from the town centre.

No or little demand initially for business activities at ground floor level – result in pressure for residential use or vacant buildings.

Controlled by a rule in the District Plan which makes residential activities at ground floor level non-complying, so it is efficient to administer and can be justified in terms of effects. Effective rule if market demand for business activity at ground level exists, as it ensures an active street frontage and mix of uses that residential will not provide.

Option 4 – Rule restricting residentialdevelopment to second floor and above

BenefitsOpportunity is provided at ground and first floor level for business activities. CostsMay not be demand for business activities initially – result in vacant buildings at ground and first floor level which detracts from the town centre.

No or little demand initially for business activities at ground and first floor level – could result in pressure for residential use or vacant buildings.

Controlled by a rule in the District Plan which makes residential activities at ground floor level non-complying, so it is efficient to implement but more difficult to justify in terms of effects. Little business activity at first floor level on town centre fringe at present.

Option 5 – Rule restricting the maximum size of business premises

BenefitsLarge scale retail prevented from becoming established and adversely affecting the main street.CostsWould limit the type of business activities able to establish in mixed use developments.

Limits opportunities for business activities in mixed use developments. Arbitrariness over size restriction – may be difficult to justify.

Rule would prevent large-scale business activities from establishing in mixed use developments e.g mall, bulk retail – effective in preserving diversity of town centre uses. May be difficult justifying any size restriction – always be a degree of arbitrariness. Efficient in that the rule is easy to understand and administer.

4.7.5. Preferred option

Option 2 - Control the design of the building – e.g. floor-to-ceiling heights (see also building adaptability) Option 3 - Rule restricting residential development to first floor and above Option 5 – Rule restricting the maximum size of business premises

4.7.6. Reasons

Future proofs the building so that activities can change over time and business activities can become established as demand increases.

District plan provisions focus on design issues. Buildings will be designed to accommodate business activities at ground floor, even if

they are not established initially. Allows the market to determine the extent of business activity – can locate above ground

floor if there is a demand. Large scale retail prevented from becoming established and adversely affecting the main

street.

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4.7.7. Proposed provisions

Policy 3 There must be a significant business component at ground and, where possible first floor level thereby maintaining continuous active retail and commercial activity street frontages. The business component is not to be dominated by a single large-scale business activity but should include a range of business activities.

Rules 15.5.1.6 Non-Complying Activities d) In the Business 12 - Mixed Use zone, any residential activity at ground level adjacent to

the street frontage is a Non-Complying activity.

See also the discussion on Building adaptability

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4.8. Building adaptability 4.8.1. Issue:

Buildings need to be adaptable to accommodate changes of use over time. Internal floor-to-ceiling heights should be able to accommodate business activities at ground floor level and business and or residential activities at first floor level and above.

4.8.2. Relevant objectives, policies and rules:

Nil4.8.3. Options:

1. Leave floor-to-ceiling heights to the discretion of the developers (and the controls in the Building Act);

2. Introduce a rule requiring minimum floor-to-ceiling heights for ground floor space; 3. Introduce a rule requiring minimum floor-to-ceiling heights for ground floor and first floor

space. 4.8.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Floor to ceiling heights at the discretion of the developer

BenefitsFlexibility for the developer (within the constraints of the Building Act) to determine floor-to-ceiling heights. CostsAppropriate floor-to-ceiling heights that are suitable for different business activities may not be built.

Buildings not designed to accommodate business activities or to allow for changes of use over time.

Efficient implementation as Building Act and developer determines appropriate floor-to-ceiling heights. Not likely to be effective however.

Option 2 – Rule for min floor to ceiling heights for ground floor

BenefitsEnsures ground floor is suitable for business activities. Enables activities to change over time – even if ground floor is not initially used for business activities. CostsAdditional building costs. Lack of flexibility for developer to determine appropriate floor-to-ceiling heights.

Ground floor is built to accommodate business activities but used for residential, so resources are wasted.

District Plan rule specifies the minimum floor-to-ceiling height so efficient to administer. Effective as height can be justified in terms of providing flexibility for business activities and changes over time.

Option 3 – Rule for minimum floor to ceiling heights for ground and first floors

BenefitsEnsures ground and first floors are suitable for business activities either now or in the future. Enables activities to change over time – even if ground and first floors are not initially used for business activities. CostsAdditional building costs. Lack of flexibility for developer to determine appropriate floor-to-ceiling heights.

Ground and first floors are built to accommodate business activities but used for residential, so resources are wasted.

District Plan rule specifies the min floor-to-ceiling height. Easy to administer so it is efficient.May be difficult to justify minimum floor to ceiling height floor first floor if there is little demand for first floor business activities. Effective in ensuring adaptability and quality living space but may be more than is required if first floor is likely to be residential.

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4.8.5. Preferred option

Option 2 – Rule for minimum floor-to-ceiling heights for ground floor 4.8.6. Reasons

Ceiling height on the ground floor can be justified in terms of providing flexibility for business activities and change over time.

Ensures ground floor is suitable for business activities. Enables activities to change over time – even if ground floor is not initially used for

business activities. 4.8.7. Proposed provisions

Policy 5 The design of buildings, including internal floor to ceiling heights should provide the flexibility for uses to change over time. Rules 15.6.3.3 Building Design: Business 12 - Mixed Use Zone Buildings in the Business 12 - Mixed Use zone shall be designed to accommodate a business activity in the ground floor area fronting the street. For this purpose: • Buildings shall have an internal ground floor ceiling height of at least 3.6m

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4.9. Building Depth 4.9.1. Issue

The depth of mixed use developments should be such that they provide regular room layouts, optimal circulation, ensure natural light and ventilation to all habitable rooms and are adaptable for different uses. At the ground level business uses should also have a reasonable building depth to ensure that the area is a functional business space.

4.9.2. Relevant objectives, policies and rules:

Nil4.9.3. Options

1. Leave the depth of buildings to the discretion of the developer. 2. Have a rule requiring appropriate building depth. 3. Make building depth a controlled activity and have assessment criteria to achieve

appropriate depth of buildings. 4.9.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Leave building depth to the discretion of the developer

BenefitsThere is flexibility for the developer to determine appropriate building depth and design. CostsBuilding design may not achieve optimum depth – thereby not maximising opportunity for natural light and ventilation and ensuring adaptability for different uses.

Building depth may not be ideal for achieving outcomes relating to natural light & ventilation and building adaptability.

District Plan contains no controls on building depth – left to the discretion of the developer.Efficient to administer.Unlikely to be effective in creating quality commercial space, or maximising opportunity for natural light and ventilation and ensuring adaptability for different uses.

Option 2 – Rule requiring min building depth

BenefitsOutcomes relating to building depth are likely to be achieved. Standards can be justified from an urban design perspective.CostsLoss of flexibility for designers & developers. Rule may not take into account different lot shapes/configurations.

Reduced flexibility to take into account different circumstances.There is always an element of arbitrariness when standards are imposed.

District Plan contains controls on building depth – specifies a minimum building depth. Simple rule that is efficient to administer. Effective as it provides a minimum standard of amenity.

Option 3 – Building depth a controlled activity with assessment criteria

BenefitsFlexibility to consider different design solutions for building depth whilst still achieving natural ventilation and lighting. CostsControlled activities can’t be declined, only conditions imposed.Assessment criteria are open to interpretation and its effectiveness depends on how well it is drafted.

Assessment criteria are not effective in achieving the natural ventilation lighting, and building flexibility objectives sought.

Assessment criteria enable different design options to be considered and assessed against the outcomes sought. Less efficient than the other options as requires more implementation and administration time. May not be as effective as option 2 as the assessment criteria do not guarantee a minimum building depth.

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4.9.5. Preferred option

Option 2 - Have a rule requiring appropriate building depth. 4.9.6. Reasons

Outcomes relating to building depth are likely to be achieved. Standards can be justified from an urban design perspective. More certain than leaving the outcome to a controlled activity that cannot be refused and

to the administration of assessment criteria. 4.9.7. Proposed provisions

Policy 5 The design of buildings, including internal floor to ceiling heights should provide the flexibility for uses to change over time.

Rules 15.6.3.3 Building Design: Business 12 - Mixed Use Zone Buildings in the Business 12 - Mixed Use zone shall be designed to accommodate a business activity in the ground floor area fronting the street. For this purpose:… • The ground floor area that fronts the street shall have a minimum depth of 10 m.

Assessment criteria Mixed use buildings shall be of a depth that provides regular internal room layouts to ensure ease of construction, optimal circulation and adaptation and ensures natural light, and ventilation is provided to all habitable rooms.

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4.10. Buffer to Residential Areas 4.10.1. Issue

Mixed use buildings have the potential to adversely affect adjacent residential and recreation zoned land due to their extra height and bulk, and business activities which may produce noise.

4.10.2. Relevant objectives, policies and rules:

Policies1. By requiring that business activities avoid, remedy or mitigate adverse environmental

effects. … 3. By ensuring that developments in business areas do not detract from the visual amenity

of the area in which they are located. … Rules 15.5.1.3 Controlled Activities

Any activity shall have Controlled activity status provided that it: e) Falls within any of the following circumstances: Any activity on a site within a Buffer strip (i.e. includes all those parts of a business zoned site which lie within 30 metres of a residential zone boundary) which: - Results in changes to the external appearance of any site or any building visible from

and within 30 metres of any road or residential zone - Increases the cubic capacity of buildings; - Alters pedestrian or vehicle access to the site; or - results in an activity which is not similar in character to the previous activity on the site.

Any new development, or addition or alteration to an existing building within any zone, except for non Buffer Strip sites in the general 9 and 10 zones, which: - Results in visible changes to the external appearance of any site or nay building visible

from and within 30 metres of any road, residential zone, or recreation zone; - Increases the cubic capacity of building)s); or - Alters pedestrian or vehicle access to the site

15.6.1.2 Buffer Strip Any part of a business zoned site which falls within 30 metres of a residential zone boundary shall form part of the Buffer Strip

15.7.1. Assessment Criteria for Controlled Activities 15.7.1.1. General Assessment Criteria for all Controlled Activities

c) Aural Amenity i) The extent to which site layout, screening, and sound damping has been used to

mitigate any adverse effects of noise nuisance on neighbouring activities. ii) In relation to residential activity occurring within business zones, the extent to which

external sources of noise are mitigated within the development.

15.7.1.6 Additional Assessment Criteria for Buffer Strip Development a) Aural Amenity i) The extent to which noise nuisance for residentially-zoned sites adjoining a buffer strip

has been minimised through design layout, screening and sound damping, including but not limited to: rubbish bins, storage areas, loading bays and delivery areas, and noisy machinery and activities. The Council may also limit the hours of operation for any activity that is likely to create a noise nuisance.

b) Loss of privacy i) Development should be designed to ensure that the privacy of adjoining residentially-

zoned sites is maintained, and in particular, the avoidance of overlook to adjacent residential outdoor living areas.

c) Visual dominance and shadowing i) The extent to which the proposal minimises shadowing and visually dominating the

outlook from adjacent residentially zoned sites.

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d) Screening i) Particular care should be taken to screen car parking and storage areas, and to screen

large unrelieved facades that can be seen from adjoining residentially-zoned properties. 4.10.3. Options:

1. Rely on other controls such as height in relation to boundary, noise controls to protect the amenity of adjacent residential properties;

2. Apply the existing buffer strip rule; 3. Require a greater yard setback adjacent to residential zoned land.

4.10.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Rely on other controls

BenefitsEnsures there are not unnecessary or duplicated rules.

CostsExisting controls may not afford adequate protection

Adjacent residential properties are not afforded adequate protection from the effects of adjacent mixed-use development.

Effective if the other controls such as height in relation to boundary and noise controls would afford a degree of protection to adjacent residential properties. However they may not. Reduces the number of rules/restrictions applying to mixed use developments.

Option 2 – apply the existing buffer area rule

BenefitsProvides a degree of control over activities and development in close proximity to residential zoned land. CostsAdditional compliance costs. Effects can be controlled by other rules e.g. noise requirements, height in relation to boundary.

Existing rules make uses/development a controlled activity – can’t decline any proposal.

Buffer strip rule makes any development within 30m of a residential zone a controlled activity (or discretionary where sale of liquor is involved). Efficient in that only applies to those properties that are in the relevant area. Effective as minimises the visual and aural effects of development.

Option 3 – Rule requiring a greater yard setback

BenefitsProvides additional protection for adjacent residential properties. CostsAdditional development costs.Effects can be controlled by other rules e.g. noise requirements, height in relation to boundary. The benefits of an additional setback may be limited.

Adds to the cost of development.Possible duplication of rules/controls.

Additional rules requiring mixed use development to be set back a greater distance when abutting residentially zoned land provides extra protection for residentially zoned land, so increases effectiveness. Landscape Amenity Yard already applies for Business 2 and 9 land adjacent to residential zones, so the rule is efficient to implement and administer.

4.10.5. Preferred option

Option 1 - Rely on other controls such as height in relation to boundary, noise controls to protect the amenity of adjacent residential properties; Option 2 - Apply the existing buffer strip rule. Option 3 – Apply the existing 3m Landscape Amenity Yard for Business 2 zones to the mixed use zone.

4.10.6. Reasons

The current rules provide a degree of control over activities and development in close proximity to residential zoned land, so it is considered appropriate to keep essentially these same rules in place.

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4.10.7. Proposed provisions

Use current buffer strip provisions. See also sections on height to boundary and noise mitigation, and the Landscape Amenity yard.

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4.11. Visual Privacy 4.11.1. Issue:

a) There is potential for adjoining apartments in mixed use developments to adversely affect the privacy of the adjacent apartments. b) Mixed use developments also have the potential to adversely affect the privacy of adjacent residential zoned properties.

4.11.2. Relevant objectives, policies and rules:

Policies15.3.4 Control of Adverse Effects 5. By ensuring that development does not overshadow public spaces or neighbouring

residential areas to such an extent that adverse environmental effects are created. 6. By ensuring that neighbouring residential sites maintain a reasonable standard of

privacy for their main living rooms and their associated outdoor living spaces.

Rules 15.6.1.9 Residential Development Each residential unit shall provide: … b) The main glazing of each non-ground residential unit shall be provided with an outlook

area of open space, unimpeded by buildings and immediately adjacent to that glazing. Any outlook area must have a minimum dimension of 10 metres, measured at right angles to the wall of the building within which the glazing is located. The outlook area may comprise the following components:

i) An area of on-site space which must be kept free of structures. ii) Areas of road reserve.

Refer also to buffer strip rules and assessment criteria.

4.11.3. Options:

1. Leave the achievement of adequate visual privacy to the discretion of developers (and the market);

2. Have a rule in the plan to ensure adequate visual privacy is achieved between units and between mixed use developments;

3. Have a rule protecting the privacy of adjacent residential properties; 4. Refer to assessment criteria to ensure adequate visual privacy is achieved.

4.11.4. Assessment of the benefits options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Discretion of the developer

BenefitsFlexibility for developer to determine best means of achieving visual privacy. Compliance costs under the control of the developer. CostsMay result in poor developments with adverse visual effects. Earlier developments may be adversely affected by later developments – no certainty for residents/developers.

Inadequate visual privacy within developments and between mixed use developments and adjacent properties – adverse effects on properties.

Developer determines how visual privacy is to be achieved within development and between adjacent developments, so it is efficient in terms of administration of the plan. Not effective however in terms of ensuring visual privacy and certainty for residents.

Option 2 – Rule protecting privacy

BenefitsAssists in achieving good levels of visual privacy within developments.

No protection afforded to adjacent developments. Rule may only be partially effective – adequate privacy

District Plan rule specifies distances between residential units. Effectively provides

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between units CostsMay add to development costs and limit development potential.An additional constraint that needs to be taken account of in the design of mixed use developments.

really dependant on good design.

minimum outlook and is effective to administer.

Option 3 – Rule protecting privacy of adjacent residentialproperties

BenefitsAssists in achieving good levels of visual privacy between mixed-use developments and adjacent residential properties. CostsMay add to development costs.An additional constraint that needs to be taken account of in the design of mixed use developments.

No protection afforded to residential units within mixed use developments. Rule may only be partially effective – adequate privacy really dependant on good design.

District Plan rule that specifies distances between mixed use developments and adjacent resident zoned properties.Effectively provides minimum outlook and is effective to administer.

Option 4 – Assessment criteria

BenefitsProvides flexibility for different design solutions whilst still achieving good levels of visual privacy. Assists in reducing any arbitrariness associated with a rule and provides a degree of flexibility. CostsMay add to development costs.An additional constraint that needs to be taken account of in the design of mixed use developments.

Effectiveness depends on wording of the criteria and implementation of the rule/criteria.

Assessment criteria, in addition to a rule controlling visual privacy, may be more effective than the rule alone. Assists in reducing any arbitrariness associated with a rule and provides a degree of flexibility. However, the effectiveness depends on wording and implementation of the criteria. Less efficient as requires more administration of plan.

4.11.5. Preferred option

Option 2 - Have a rule in the plan to ensure adequate visual privacy is achieved between units and between mixed use developments; Option 3 - Have a rule protecting the privacy of adjacent residential properties. The rule is similar to the status quo.

4.11.6. Reasons

Assists in achieving good levels of visual privacy within developments. Assists in achieving good levels of visual privacy between mixed-use developments and

adjacent residential properties and protecting the amenity values of those adjacent properties.

It is considered that the assessment criteria are not necessary. 4.11.7. Proposed provisions

Rules 3 Each residential unit in the Business 12 - Mixed Use zone shall provide:

b) Outlook Area The main glazing of each non-ground level residential unit shall be provided with an

outlook area of open space, unimpeded by buildings and immediately adjacent to that glazing. Any outlook area must have a minimum dimension of 10 metres, measured at right angles to the wall of the building within which the glazing is located. The outlook area may comprise the following components:

i) An area of on-site space which must be kept free of structures. ii) Areas of road reserve. iii) Areas of public open space.

See also the section on Buffer to residential areas.

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4.12. Noise Mitigation 4.12.1. Issue:

Due to their location in town centres and the proximity to business activities, the residential component of mixed use development is exposed to higher noise levels than would be experienced in residential areas. Adequate noise mitigation measures are therefore required to protect the health and wellbeing of residents in mixed use developments and avoid reverse sensitivity issues.

4.12.2. Relevant objectives, policies and rules:

Proposed ARPS changes 2.6.8 Strategic Policies Urban Design (m) In areas of high density where new development is exposed to high noise levels

(internally and externally), and diminished air quality, higher building standards should be required.

District Plan 10.3.2 Noise

ObjectiveTo protect from excessive and unreasonable noise levels, the health and well-being of the community and the enjoyment of residential, recreation and other locations of high amenity value.

Policies3. By identifying and mitigating the potential adverse effects of excessive or unreasonable

noise levels at the design and consent stage of developments or activities at risk from excessive or unreasonable noise.

4. By ensuring that consideration is given to appropriate avoidance and mitigation techniques and, where possible, achieving compliance with noise controls by managing noise at the point source of emission in preference to providing defensive infrastructure against noise intrusion.

5. By ensuring that buildings constructed or altered for residential activity in business zones are designed to avoid and mitigate the impacts of business activity noise and to avoid conflicts with already established and future business activities.

See 10.5 for noise rules

15.3.4 Control of Adverse Effects 4. By ensuring that potential adverse effects from noise, vibration, illumination, pollution

and odour associated with business activities are avoided, remedied or mitigated. … 7. By avoiding the adverse noise and disturbance effects on residential areas from the late

night and early morning operation of licensed premises and premises where people regularly congregate.

15.6.1.7 Hours and Days of Operation and Amplified Music

a) The following activities shall be subject to restrictions and the days and hours of operation as set out below, and these restrictions shall apply in the Buffer Strip and in any part of the Business 2 and 3 zones:

i) Licensed premises ii) Social or recreational premises, as defined in subsection (c) of this rule

excluding premises which are part of shopping malls, defined as being predominantly retail complexes with a minimum gross leasable area of 10,000 sqm and under single management. See hours of general operation and hours during which amplified music may be played.

15.6 .1.8 Outdoor Activity on a Site

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Any outdoor activity on a site shall comply with the restrictions set out below. For the purposes of this control, outdoor activities on a site mean: Any activity taking place outside of a building or within unenclosed verandahs or similar spaces comprising or associated with the following: (see activities)

4.12.3. Options for Addressing the Issue:

1. Leave noise mitigation measures to the discretion of the developer – up to the market; 2. Refer to existing rules in the plan requiring adequate noise mitigation measures; 3. Introduce new noise rules requiring a higher standard of noise mitigation.

4.12.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Noisemitigation at the discretion of the developer

BenefitsFlexibility for developers to determine appropriate noise mitigation measures (within the requirements of the Building Act). CostsVariable standards of noise mitigation. Some developments may not have appropriate noise mitigation measures – result in adverse effects for residents of the development and adjacent residents and issues of reverse sensitivity may arise.

If mixed use developments do not have adequate noise mitigation measures there will be adverse effects on the occupants of such developments and neighbours and reverse sensitivity issues.

No District Plan control. Likely to be variable noise mitigation standards, some of lesser quality, so not effective.Efficient for implementation and administration.

Option 2 – Apply existing rules in Plan

BenefitsExisting rules provide a reasonable level of noise mitigation –onus is on the developer to demonstrate appropriate noise mitigation measures.CostsNoise mitigation could be improved – some existing rules are outdated.

Some of the noise mitigation measures are not as effective as they could be. Some noise issues may result due to inadequate standards.

Some existing rules provide adequate level of noise mitigation but are outdated, so not as effective as could be.Not changing the rules means that there are no implementation costs, so efficient.

Option 3 – Introduce new noise control rules

BenefitsBetter noise mitigation achieved.Provide residents with higher standards and should avoid any reverse sensitivity issues.CostsHigher standards likely to be more expensive – will add to the cost of development.

Higher development costs. Improved noise mitigation measures – resulting in more pleasant living environments within town centres and mixed use areas.

New rules likely to be more effective in achieving desired noise outcomes, so more effective.May be less efficient to administer when dealing with new rules.

4.12.5. Preferred option

Option 3 - Introduce new noise rules requiring a higher standard of noise mitigation. 4.12.6. Reasons

New rules likely to be more effective in achieving desired noise outcomes. Better noise mitigation achieved. Provide residents with higher standards and avoid any reverse sensitivity issues.

4.12.7. Proposed Provisions

See proposed new noise controls (10.5 c) ii)) in attached plan change text.

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4.13. Residential Amenity - Balconies/Outdoor Living Space 4.13.1. Issue:

The quality of residential apartments needs to be improved. They need to have good access to outdoors – via a balcony or communal open space.

4.13.2. Relevant objectives, policies and rules:

15.3.7 Intensive residential development The provisions of 16.3.8 intensive residential development apply.

16.3.8 Intensive residential development

ObjectiveTo ensure that intensive residential developments are designed to a high standard, integrate well with their neighbourhood, are located where the physical and social infrastructure support them, and any adverse environmental effects will be avoided, remedied or mitigated.

Policies3. Intensive residential developments should be designed to achieve all of the following: Be of a high standard of architectural quality Provide for occupants to enjoy a reasonable outlook and useful outdoor space.

Rules 15.6.1.9 Residential Development Each residential unit shall provide: a) Either i) A balcony with a minimum dimensions of 1 metre width by 3 metres length; or ii) An opening glazed window of sufficient dimension to allow the creation of an

internal/external living space within the unit. b) The main glazing of each non-ground level residential unit shall be provided with an

outlook area of open space, unimpeded by buildings and immediately adjacent to that glazing. Any outlook area must have a minimum dimension of 10 metres, measured at right angles to the wall of the building within which the glazing is located. The outlook area may comprise the following components:

i) An area of on-site space which must be kept free of structures. ii) Areas of road reserve.

4.13.3. Options:

1. Leave the provision of balconies and private open space and floor area of units to the discretion of the developer;

2. Have a rule in the plan requiring a minimum area of private open space with a least dimension in the form of either a balcony or communal open space and minimum floor area;

3. Have assessment criteria to assess the suitability of private open space. 4.13.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Provision of balconies at the discretion of the developer

BenefitsFlexibility for the developer to determine type and area of private open space. CostsNo guidance on minimum standards for private open space.May get some “cheaper” developments with

Poor quality mixed use apartments are constructed with no or inappropriate private open spaces.

Developer/market determines type and area of private open space, so efficient in terms of plan administration.Unlikely to provide good amenity however, so not effective.

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inadequate or no private open space.

Option 2 - Rule requiringprivate open space

BenefitsA minimum standard of private open space is achieved – developer can always provide more. Residential units have a minimum specified level of amenity. CostsLoss of flexibility for developer/market to determine appropriate levels of private open space. Additional building costs.

Required levels of private open space are too onerous adding significant costs to the development or private open space is insufficient to provide occupiers with a reasonable standard of amenity.

Rule in the District Plan requires min private open space – in the form of balconies or communal open space.Effective way of ensuring minimum necessary outdoor space is provided, and efficient in terms of implementation as is a simple rule.

Option 3 – Assessment criteria

BenefitsProvides flexibility to consider proposal where the minimum required private open space is not provided. CostsAchieving good standards of private open space relies on the wording of the assessment criteria and implementation.

Wording of the rules and implementation can result in less private open space than is ideal.

Can work in conjunction with a rule requiring private open space.Criteria to assess the appropriateness of private open space if minimum standards are not met, so could be more effective. Less efficient in terms of administration however.

4.13.5. Preferred option

Option 2 - Have a rule in the plan requiring a minimum area of private open space with at least dimension in the form of either a balcony or communal open space and specify minimum unit size.

4.13.6. Reasons

A minimum standard of private open space is achieved – developer can always provide more.

Minimum private open space will ensure that a minimum standard of outdoor amenity is achieved.

The private open space detailed is considered the minimum required for good amenity in the mixed use zone, so assessment criteria are not required.

4.13.7. Proposed provisions

Rules 15.6.1.9 Residential Development 3 Each residential unit in the Business 12 - Mixed Use zone shall provide:

a) Private and Communal Outdoor Living space i) Each ground floor residential unit shall be provided with a private outdoor living space

which • Is able to contain a circle with a 3 metre diameter; and • Is directly accessible from the principal living area.

ii) Each upper floor residential unit shall be provided with a balcony with an area of 6m2

and a minimum depth of 1.8 m which has direct access from the principal living area. Each unit that does not have a balcony shall contribute 10m2 in area to an area of communal open space that has a minimum width of 3m.

Assessment Criteria

Communal Outdoor Living Space Communal outdoor living spaces should be designed to receive sunlight for at least three hours of the day, throughout the year, to a good proportion of useable outdoor space. These areas should be landscaped to a high standard, and can include seating and areas for informal recreation.

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4.14. Residential Amenity – Minimum Unit Size 4.14.1. Issue:

The quality of residential apartments needs to be improved. There needs to be a minimum standard in terms of the size of residential apartments, and a diversity of unit size to ensure that all parts of the housing market are catered for.

4.14.2. Relevant objectives, policies and rules:

Proposed ARPS changes; 1. The design of new urban areas and the management and promotion of change in

existing urban areas is to occur so that: (a) There is a diversity of urban environments (including building types and densities) and

living choices for individuals and communities);…

District Plan 15.3.7 Intensive residential development The provisions of 16.3.8 intensive residential development apply.

16.3.8 Intensive residential development

ObjectiveTo ensure that intensive residential developments are designed to a high standard, integrate well with their neighbourhood, are located where the physical and social infrastructure support them, and any adverse environmental effects will be avoided, remedied or mitigated.

Policies3. Intensive residential developments should be designed to achieve all of the following: Be of a high standard of architectural quality

4.14.3. Options:

1. Leave the size of residential units to the discretion of the developer; 2. Have a rule in the plan requiring a minimum size for residential units; 3. Have a rule in the plan requiring a range of unit sizes with a minimum specified.

4.14.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Leave the size of residential units to the discretion of the developer

BenefitsFlexibility for the developer to determine floor area of units.CostsNo guidance on minimum standards for size of units. May get some “cheaper” developments with inadequate unit size or with only one size of unit.

Poor quality mixed use apartments are constructed with small units and/or no diversity of unit size.

Developer/market determines floor area of units, which may not be effective in providing good variety and diversity of living space.Efficient in terms of plan implementation and administration.

Option 2 - Have a rule in the plan requiring a minimum size for residential units

BenefitsA minimum size of unit is achieved – developer can always provide more. Residential units have a minimum specified size and amenity. CostsLoss of flexibility for developer/market to determine appropriate residential unit size. Additional building costs.

ActingRequired levels of minimum floor sizes are too onerous adding significant costs to the development.

Simple rule prevents excessively small units, so efficient.Not necessarily effective as doesn’t address the need for diversity of unit size.

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Option 3 – Have a rule in the plan requiring a range of unit sizes with a minimumspecified

BenefitsUnits of adequate size and diversity of unit size are guaranteed. Better amenity outcomes. CostsRestricts developer. Imposes extra costs.

As in option 2. Blunt rule regarding range of unit sizes may not be adequate to ensure real variety of unit size.

Same as in option 2 but more effective as it addresses diversity of unity size.

4.14.5. Preferred option

Option 3 - Have a rule in the plan requiring a range of unit sizes with a minimum specified. 4.14.6. Reasons

A minimum unit size is achieved – developer can always provide more. Minimum unit size will ensure that a minimum standard of amenity is achieved and that

units are of a size that provides a degree of flexibility. Rule can also assist in providing variation of unit size.

4.14.7. Proposed provisions

15.6.1.9 Residential Development 3 Each residential unit in the Business 12 - Mixed Use zone shall provide: c) Minimum Unit Size The minimum unit sizes within the development shall be as follows: i) Studio / one bedroom unit = 40m2

ii) Two bedroom units = 55m2

iii) Three or more bedroom units = 70m2

provided that no more than 20% of the units within a development shall be less than 55m2. Where the calculation to assess the number of units permitted to be less than 55m2 results in a fraction, the fraction may be rounded up to the nearest whole number. For example:

where a proposed development is 3 units, 1 unit may be less than 55m2

where a proposed development is 9 units, 2 units may be less than 55m2.

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4.15. Access 4.15.1. Issue:

Entry points into buildings for pedestrians and access onto sites for vehicles needs to be clearly defined to safely accommodate pedestrians and vehicles.

4.15.2. Relevant objectives, policies and rules:

Rules 15.5.1.3 Controlled Activities Any activity shall have Controlled activity status provided that it:

e) Falls within any of the following circumstances: • Any new development, or addition or alteration to an existing building within any zone,

except for non Buffer Strip sites in the General 9 and 10 zones, which… - Alters pedestrian or vehicle access to the site

15.7.1.1 General Assessment Criteria

a) Design and external appearance iii) The extent to which buildings assist the observer to understand its various parts and

understand its function, and in particular: - The extent to which the development’s points of entry are clearly defined and

conveniently located.

b) Pedestrian amenity, safety and convenience i) The extent to which proposals impacts upon pedestrian amenity, safety and

convenience, and in particular: - The extent to which proposals facilitate pedestrian linkages, permitting access to

adjacent sites, streets and public open spaces - The extent to which pedestrian routes are direct and easily defined - The sufficient segregation of pedestrian access from vehicle carriageways - Whether the building design makes appropriate provision for pedestrian shelter - The extent to which pedestrian ways meet the needs for access of people with

sight and mobility impairments 4.15.3. Options:

1. Leave the issue of the location and design of access into buildings and onto sites to the discretion of the developer.

2. Have a rule requiring appropriate building and site access. 3. Status quo - make building and site access a controlled activity and have assessment

criteria to achieve appropriately located access points. 4.15.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Leave to the discretion of the developer

BenefitsFlexibility for developers to chose the most appropriate location for vehicle and pedestrian entry. CostsPedestrian entry in particular, may not be located directly from the street (although this is unlikely).

Possibility that pedestrian entry into buildings is not in an ideal location, is not legible, and does not reinforce the building/street relationship.

No District Plan control over the location of entrances. May get buildings with pedestrian entrances orientated towards carparking located at the rear of the site – not necessarily effective. Vehicle entry likely to be straightforward – efficient administration.

Option 2 – Rule BenefitsOutcomes sought in terms of

Little opportunity to consider alternative entry locations.

District Plan contains a rule requiring pedestrian and

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requiringappropriate building & site access

vehicle and pedestrian entry are more likely to be achieved.CostsLittle flexibility to consider alternatives, other than via a non-complying resource consent.

May reduce innovation and result in a sameness regarding building frontages.

vehicle entry to be located in a specified position. If rule is clear, can be efficient. No flexibility to consider alternatives – other than by way of a non-complying resource consent – may not be effective.

Option 3 – Building & site access a controlled activity with assessment criteria

BenefitsFlexibility to consider different design solutions for pedestrian and vehicle entry location.CostsControlled activities can’t be declined, only conditions imposed.Assessment criteria are open to interpretation and its effectiveness depends on how well it is drafted.

Assessment criteria may not be effective in achieving the entry locations and designs sought.

Assessment criteria enable different design options to be considered and assessed against the outcomes sought, so there is the potential for the option to be effective.Less efficient than the other options as requires more plan administration.

4.15.5. Preferred option

Option 3 – Status quo - make building and site access a controlled activity and have assessment criteria to achieve appropriately located access points.

4.15.6. Reasons

Assessment criteria enable different design options for pedestrian and vehicular access to be considered and assessed against the outcomes sought;

Unlike a rigid rule, assessment criteria provide flexibility so that different design solutions can be assessed.

4.15.7. Proposed provisions

Policies7. Access Entry points into a building or onto a site should be clearly defined and identifiable to both vehicles and pedestrians.

Rules See existing controlled activity above.

Assessment Criteria 15.7.2.2. Business 12 - Mixed Use Zone Access Entry points into the building and onto the site should be clearly identifiable from the street.

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4.16. Parking 4.16.1. Issue:

a) The current car parking requirements for residential apartments in town centres are discouraging intensification and redevelopment in such areas and are contributing to poor design of development, when it occurs. b) Car parking requirements do not take account of the location close to good public transport services and shops, community facilities. c) Carparking located in front of sites/buildings does not result in a high quality urban environment.

4.16.2. Relevant objectives, policies and rules:

ARPSStrategic Objectives 2.5.1(6) - Promote transport efficiency and to encourage the efficient use of natural and

physical resources, including urban land, infrastructure and energy resources.

Proposed changes to ARPS 2.6.1 Strategic Objectives “The Strategic Direction for the Auckland region is one of containment of urban development within defined limits and accommodating future growth within and around high density centres and corridors linked by an effective public transport system”. …3. To achieve a compact well designed more sustainable urban form served by an

integrated multimodal (private vehicles, public transport, walking and cycling) transport system….

2.6.8 Strategic Policies Urban Design 1. The design of new urban areas and the management and promotion of change in

existing urban areas is to occur so that: (c) Buildings, public spaces and road corridors contribute to a vibrant, liveable and

attractive environment with a sense of place;…

2.6.11 Strategic Policies Land Use and Transport Integration 1. Land use and transport shall be integrated throughout the region to ensure that:

2. Land use and transport shall be integrated within high density centres and corridors to ensure that:

a. high density centres and corridors are able to be served by the public transport network;…

c. high density centres and corridors are planned to develop to a density which supports planned transport infrastructure and service improvements;

District Plan 12.3.1 Transport System Effectiveness and safety ObjectiveTo enable a transport system that avoids, remedies or mitigates the adverse effects of transport activity on the natural and physical environment and protects the amenity value of open spaces and streets, while maintaining the health and safety and the economic, social and cultural well-being of the people and community of North Shore City. These adverse effects include noise, stormwater contamination of receiving waters and air quality degradation.

Policies1. By reducing the need to travel by private motor vehicle within the city.

12.3.4 Car parking

Objective

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To ensure that adequate and efficient provision is made for on-site car parking for all activities.

Policies1. By ensuring that parking requirements for each activity is related to the number of occupants and visitors expected to bring a motor vehicle to the site and that occupants have priority of on-site parking. 3. By allowing shared use of parking spaces between two adjacent activities when the peak parking demand of these activities does not coincide. 7. By ensuring that car parks are screened from adjacent sites and larger car parks are landscaped. 12. By ensuring that parking facilities are provided at a location and scale which enables the efficient use of parking spaces and handling of vehicle generation by the adjacent streets.

Rules See Table 12.1

4.16.3. Options:

1. Maintain current parking requirements – the status quo; 2. Reduce the carparking requirement for residential units; 3. Reduce or standardise the carparking requirement for business activities; 4. Have a rule requiring carparking areas to be behind the buildings;

4.16.4. Assessment of the options

Option Benefits and costs of policies, rules & other methods

Risks of acting or not acting

Efficiency & effectiveness – policies, rules or other methods are most appropriate for achieving objective

Option 1 – Status Quo

BenefitsExisting standards result in good provision of onsite parking for residents, visitors and businesses, or equivalent contribution of cash in lieu. CostsHigh development costs associated with providing the required amount of parking – often results in projects not proceeding. Parking tends to dominate developments, resulting in adverse environmental effects.Placement of parking in front of buildings disrupts street frontage and continuity.

Carparking costs continue to discourage mixed use development.Where development does take place, carparking dominates the site and detracts from achieving a high quality urban environment.

Achieves a good level of parking for both residents and visitors, but not effective in encouraging quality development.

Option 2 – Reduce Carparking Requirements for Residential Units

BenefitsThe provision of carparking does not dominate development and have a major influence on design – improved urban design. More mixed use developments are likely to proceed.Developers can always provide more carparking than the required minimum.CostsThe community may have to subsidise mixed use

A carparking shortfall results from a lack of onsite parking which has a spill over onto adjacent public parking. .

Efficient in that it is similar implementation to current rules, it is just that the standard has changed. Achieves a lesser amount of carparking for residential units so discourages car ownership and encourages use of public transport. But not effective if residents are simply parking on streets. Effective in developing better urban design.

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development through the provision of public parking. Adverse effects could arise from the inadequate provision of carparking, especially in Albany where parking is problematic.

Option 3 – Reduce/Standardise Carparking Requirements for Business Activities

BenefitsThe provision of carparking does not dominate development and have a major influence on design. More mixed use developments are encouraged and are likely to proceed. Business activities are encouraged – mixed use development with a significant business component is encouraged.

CostsThe community may have to subsidise mixed use development through the provision of public parking. Adverse effects could arise from the inadequate provision of carparking, especially in Albany where parking is problematic.

A carparking shortfall results from a lack of onsite parking which has a spill over onto adjacent public parking.

Not effective if an insufficient amount of carparking for business activities results. Developer can always provide more carparking, although this is unlikely. Effective as takes into account good public transport services in Browns Bay and future service increases in Albany Village. Effective if helps to encourage good design.

Efficient in that reducing the parking requirements is similar to current rules, it is just that the standard has changed.

Option 4 - Rule RequiringCarparking Behind Buildings

BenefitsWould achieve development up to the street frontage and a higher quality urban environment

CostsCarparking is not as obvious and convenient for customers.

ActingBuildings are built up to the street frontage with carparking provided behind.Carparking is not seen as being conveniently located and may not be used by customers in particular. Not ActingBuildings are setback and carparking is developed along the frontage. Quality of the urban environment suffers.

Effective as the rule prevents carparking in front of the building and requires that it be located behind mixed use development and away from the street. Efficient as the rule is quite simple.

4.16.5. Preferred option

Options 2 - Reduce the carparking requirement for residential units; Option 3 – In Browns Bay, reduce the carparking requirement for retail activities and standardise the office parking requirements in the mixed use zone; Option 4 - Have a rule requiring carparking areas to be behind the buildings;

4.16.6. Reasons

Costs of development are reduced – more mixed use developments are likely to proceed. The provision of carparking does not dominate development and has less of a negative

influence on design. Reduce retail carparking requirement in Browns Bay where there are few parking issues,

but keep the same in Albany where parking is problematic. Standardise the office carparking requirements in the mixed use zone. Will achieve development up to the street frontage - higher quality urban environment. Consistent with ARPS current and proposed objectives and policies.

4.16.7. Proposed provisions

Policies6. Parking

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Carparking requirements in mixed use development are reduced in recognition of the proximity to good public transport. Parking in mixed use developments should be located underground or to the rear of the site thereby achieving a high quality urban and street environment that is not dominated by carparking or parking buildings.

Rules 12.4.2.1 Parking Standards Albany -

Studio/1 bedroom residential unit – 1 space 2 or more bedroom residential unit – 2 spaces Retail - one space for each 20m2 of gross floor area Office - one space for each 35m2 of gross floor area

Browns Bay

Studio/1 bedroom residential unit – 1 space 2 bedroom residential unit – 1.5 spaces 3 or more bedroom residential unit – 2 spaces Retail - one space for each 30m2 of gross floor area Office – one space for each 35m2 of gross floor area

In both areas, visitor parking spaces shall be required at the rate of 1 space for every 5 units.

15.5.1.6 Non-Complying Activities e) In the Business 12 - Mixed Use zone, any parking on the site at ground level, adjacent to the street frontage or any space in public ownership, is a Non-Complying activity.

15.6.3.11 Location of Parking Areas: Business 12 - Mixed Use Zone Ground floor parking within a building shall not occupy that portion of the building adjacent to the street frontage or any space in public ownership. Parking shall be located to the rear of, within, or under buildings.

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APPENDIX 1- PROPOSED NEW MIXED USE ZONES Area A Albany Village

Area B Browns Bay Area C