First Avenue Commercial Building - Application for Resource Consent and Assessment of Environmental Effects Prepared for FDL First Ave Limited ...
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First Avenue Commercial
Building
Application for Resource Consent and Assessment of Environmental
Effects
Prepared for FDL First Ave Limited
Document Quality Assurance
Bibliographic reference for citation:
Boffa Miskell Limited 2020. First Avenue Commercial Building: Application for Resource
Consent and Assessment of Environmental Effects. Report prepared by Boffa Miskell
Limited for FDL First Ave Limited.
Prepared by: Matt Allott
Planner / Principal
Boffa Miskell Limited
Reviewed by: Sean Grace
Planner / Principal
Boffa Miskell Limited
PM Approved for Matt Allott
release: Planner / Principal
Boffa Miskell Limited
Status: FINAL Revision / version: 2 Issue date: 10 January 2020
Use and Reliance
This report has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our Client’s use for
the purpose for which it is intended in accordance with the agreed scope of work. Boffa Miskell does not accept any liability or
responsibility in relation to the use of this report contrary to the above, or to any person other than the Client. Any use or reliance
by a third party is at that party's own risk. Where information has been supplied by the Client or obtained from other external
sources, it has been assumed that it is accurate, without independent verification, unless otherwise indicated. No liability or
responsibility is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate
information provided by the Client or any external source.
Template revision: 20190509 0000
File ref: BM19129_RC_Application_20200110_Rev_2.docx
CONTENTS
1.0 Introduction 1
2.0 Applicant and Property Details 2
3.0 Site and Locality Description 3
4.0 Proposal 4
5.0 Tauranga City Plan 6
5.1 Planning Maps – Zoning and Notations 6
5.2 Activity Status 11
6.0 Assessment of Environmental Effects 12
6.1 Positive Effects 12
6.2 Permitted Baseline / Existing Environment 13
6.3 Landscape and Visual Effects 13
6.4 Character and Amenity Effects 14
6.5 Transportation Effects 14
6.6 Flooding / Inundation Effects 15
6.7 Cultural Heritage Effects 17
6.8 Infrastructure and Servicing Effects 19
6.9 Contaminated Soil Effects 20
6.10 Construction Effects 21
6.11 Cumulative Effects 22
6.12 Conclusion of Assessment of Environmental Effects 23
7.0 Statutory Assessment 24
7.1 Part II of the Resource Management Act 1991 (RMA) 24
7.2 Section 104B 25
7.3 National Policy Statements 25
7.4 Bay of Plenty Regional Policy Statement 25
7.5 Tauranga City Plan 26
7.6 Conclusion on Statutory Considerations 30
8.0 Consultation 31
9.0 Notification 32
9.1 Public Notification 32
9.2 Limited Notification 34
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9.3 Protected Customary Rights Group 35
9.4 Customary Marine Title Group 36
9.5 Conclusion of Notification Assessment 36
10.0 Other Matters 37
10.1 City Centre Strategy 37
10.2 City Centre Spatial Framework 37
11.0 Conclusion 38
Appendices
Appendix 1: Application Form
Appendix 2: Certificates of Title
Appendix 3: Site Survey
Appendix 4: Architectural Plans/Design Statement
Appendix 5: Assessment of Landscape and Visual Effects
Appendix 6: Civil Engineering Design Features Report
Appendix 7: Geotechnical Investigation Report
Appendix 8: Transportation Assessment
Appendix 9: NESCS Assessment
Appendix 10: Archaeological Assessment
Appendix 11: Cultural Values Assessment
Appendix 12: Written Approvals
U:\2019\BM19129_MAl_First_Avenue_Mixed_Use_Development\Documents\BM19129_RC_Application_202
00110_Rev_2.docx
1.0 Introduction
FDL First Ave Limited (FDL) propose to redevelop the site at 152 – 154 First Avenue, Tauranga.
The proposed development will include the demolition of existing built form within the site and
the subsequent construction of a new commercial building in general accordance with the
proposed plans 1.
The proposed new commercial building will comprise a total gross floor area (GFA) of 3,438m 2
(excluding outdoor and parking areas but including 157m2 associated with stairwells, lifts and
voids).
In relation to Tauranga City Plan (City Plan) performance standards; elements of non-
compliance that require resource consent include:
A protrusion through the maximum permitted building height of 12m (Discretionary; Rule
17A.11.1.1);
A minor shortfall in the number of on-site parking spaces (Restricted Discretionary
Activity, Rule 4B.2.3);
The inability for the site to accommodate a 90 percentile two axle truck in strict
accordance with prescribed tracking curves (Restricted Discretionary Activity; Rules
4B.2.5 & 4B.2.6); and
The requirement for the building to be designed accordingly given the presence of a
flood hazard plan area overlay affecting a small portion of the north-western corner of
the site (Restricted Discretionary Activity, Rule 8C.3)
There are no resource consent requirements under Bay of Plenty Regional Council (BOPRC)
planning documents.
Overall, adopting the bundling principle, resource consent is required for a discretionary activity.
This application for resource consent is made pursuant to Section 88 of the Resource
Management Act 1991 ("RMA") and has been prepared in accordance with the Fourth Schedule
of the RMA (reprint as at 19 April 2017) in such detail to satisfy the purpose for which it is
required.
1
See Appendix 4, Architectural Plans/Design Statement
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 1
2.0 Applicant and Property Details
A completed application form is enclosed 2. The summary details relating to the applicant and
subject site are as follows:
To: Tauranga City Council
Applicant’s Name: FDL First Ave Limited
Boffa Miskell Ltd
PO Box 13373, Tauranga 3141
Address for Service: Attn: Matt Allott
Phone: 0274233604
Email: matt.allott@boffamiskell.co.nz
FDL First Ave Limited
PO Box 10063
Address for Fees:
Hamilton 3241
Email: leonardg@fosters.co.nz
Site Address: 152 – 154 First Avenue, Tauranga
Allotment 747 Section 2 Town of Tauranga; Lot 2 DPS
Legal Description:
34465
Owner/Occupier Name and
FDL First Ave Limited
Address:
Site Area: 1,402m²
District Plan Zoning: Commercial
Flood Hazard Plan Area Overlay 3; Viewshaft Protection
Designations / Limitations:
Area Overlay 4
Pre-application meetings have been held with Tauranga
Pre-Application Meetings
City Council staff
2
See Appendix 1, Application Form
3
See Tauranga City Plan, Part B – Plan Maps, L105
4
See Tauranga City Plan, Part B – Plan Maps, Section 7: Viewshaft Protection Areas
2 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects
3.0 Site and Locality Description
The site is located at 152 – 154 First Avenue, Tauranga.
The site is currently occupied by two-storey building at 154 First Avenue, which accommodates
a the Health and Wellness Services run by the Western Bay of Plenty Primary Health
Organisation; this includes a walk-in clinic; and a martial arts training facility, which offers
classes between 3pm and 8.30pm Monday to Friday plus Saturday mornings; and offers 24-
hour access for other training activity.
On-site parking comprising approximately 23 spaces is located on the site; with the majority (19
spaces) being located behind the two-storey building at 152 First Avenue
The topography of the site is flat with the exception of eastern boundary, which is located
alongside a steep escarpment that rises approximately 8m 5. This escarpment is covered in a
mixture of predominately exotic trees (Blue Cedar) and weed vegetation with some native
species, including Pohutukawa in the south-eastern corner of the site.
Surrounding land uses predominately comprise a mix of commercial and light industrial.
Directly opposite the site is a recently extended multi-storey car park building. The car parking
building offers public parking and leased parking, which ha access and egress to both upper
and lower First Avenue.
Certificates of title are included 6. The site is legally described as Allotment 747 Section 2 Town
of Tauranga and Lot 2 DPS 34465; and comprises an area of approximately 1402m 2.
Figure 1: Aerial photograph of site; view from First Avenue towards site.
5
See Appendix 3, Site Survey
6
See Appendix 2, Certificates of Title
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 3
4.0 Proposal
Resource consent is sought to establish and operate a new commercial building at 152 – 154
First Avenue, Tauranga.
The proposed development will include the demolition of existing built form within the site and
the subsequent construction of a new commercial building in general accordance with the
proposed plans 7.
By way of summary, the architectural design statement 8 specifies the following in terms of built
form and design response …
“The site context and location respond to two main aspects of the city centre, on one
side the industrial side of First Avenue and on the other side the CBD grid of the city.
The proposed development is situated central to various amenities and is appropriately
positioned for the proposed office and hospitality use. The site is well connected to
transport networks, primary movement corridors, recreation and amenities …
… The design character addresses the two different context conditions by proposing a
different building use and materials on each part of the building; like two buildings on
top of each other, separated by a void space that creates pedestrian and visual
connectivity at ground level (upper First Avenue) …
… The lower side of First Avenue – the industrial side – has been thought of as a heavy
concrete box or plinth that will support a lightweight building on top. Its use is cohesive
with its context and function … car parking and secondary pedestrian entry of lower
First Avenue …
… The void in the middle of these two volumes is fundamental to create a break
between two different forms and also create a pedestrian and visual connection with the
transparent layer from one side of First Avenue through to the harbourside as well as a
welcoming ‘front door’ to the building … the development aims to introduce pedestrian
corridors, which will enhance interaction through the city and improve access within the
city grid, especially given the adjacent segregation of upper and lower First Avenue …
… The upper side of First Avenue forms part of the CBD … so the design response is
intentionally lightweight to provide dynamic visual amenity. The elevated office space
will be more sophisticated and material selection will endeavour to stand out from the
crowd …
… The main three layers … the main structural grid for the upper ‘box’ … FDL
interested in using timber for the primary structure … the combination of vertical and
horizontal elements, together with diagonal members for seismic bracing will be
exposed and expressed architecturally …
… The second layer will provide for the weathertightness barrier … lightweight …
proposed glazed curtain wall to achieve this function in combination with some vertical
cladding …
… The third layer – the ‘screen’ – will provide sun and heat gain control … will also
create an imaginative layer …”
7
See Appendix 4, Architectural Plans/Design Statement
8
See Appendix 4, Architectural Plans/Design Statement
4 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects
An overarching objective for the proposal is to set an appropriate architectural benchmark for
the city fringe area surrounding the Tauranga City Centre, and for the project to act as a catalyst
for other city centre/city fringe development.
Careful consideration has been given to ensure the proposed development integrates well with
surrounding land use activities both now and into the future.
By way of summary, the proposed new commercial building will comprise …
A total GFA of 3,438m2 (excluding outdoor and parking areas but including 157m2
associated with stairwells, lifts and voids);
Level 1, which will provide a total of 33 parking spaces (inclusive of two disabled
parking spaces); vehicle access and egress to lower First Avenue; motorcycle and
bicycle parking spaces, storage and refuse areas, a drop off/loading bay, pump area
and a lobby/central lift/stair core, the latter of which will ‘run’ up through the five levels;
Level 2, which will provide an internal vehicle ramp from level 1 to a total of 38 parking
spaces and motorcycle parking spaces;
Level 3, which will provide for pedestrian connectivity from upper First Avenue; a café
with outdoor deck/seating area, office space and two core areas, both of which will ‘run’
up from level 3 to level 5;
Level 4, which will provide for office space and two core areas; and
Level 5, which will provide for office space and two core areas.
The maximum height of the proposed building will be 22.62m at the apex; 21.63m on the
western façade and between 14.61m and 16.08m along the eastern façade 9.
As proposed, a portion of the new building in the north-eastern corner of the site will encroach
into an area of existing public road 10. This area of public road will need to be stopped under the
Local Government Act and incorporated into the site. Given the existing environment, inclusive
of the area of public road in question, FDL is of the view that the proposal represents a
sustainable use of the land resource.
In addition to the road stopping process; FDL propose to work collaboratively with TCC and
other key stakeholders in relation to an upgrade of pedestrian connectivity and landscape
planting within the adjacent road reserve 11.
Earthworks associated with the proposed development will be minimal; essentially restricted to
site works incidental to pile, foundation and retaining wall establishment.
9
See Appendix 4, Architectural Plans/Design Statement
10
See Appendix 4, Architectural Plans/Design Statement
11
See Appendix 4, Architectural Plans/Design Statement
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 55.0 Tauranga City Plan
5.1 Planning Maps – Zoning and Notations
The site is located within the Commercial Zone of the City Plan 12.
Figure 2: Tauranga City Plan, Part B – Plan Maps, L105
The purpose of the Commercial Zone is …
“… the purpose of the Commercial Zone is to provide key focal points for commercial
developments that are efficiently located throughout the transport network …
… to provide a broad spectrum of uses in consolidated locations. The Commercial
Zone provides a variety of environments for commercial development, recognising the
need to provide flexibility within the zone for the marketplace …
… the distribution of the Commercial Zone and the extent of each zoned area
specifically provides for a strong network of town, neighbourhood and local centres. IN
addition, the zone provides opportunities for larger, dedicated sub-regional shopping
centres …”
12
See Tauranga City Plan, Part B – Plan Maps, L105
6 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental EffectsThe only notations on the City Plan Maps that affect the site are the presence of a Flood Hazard
Plan Area, which affects a small portion of north-western corner of the site 13; and the viewshaft
protection area overlay 14.
There are no other notations, natural hazards or significant features that affect the site.
In terms of City Plan zoning applicable to the surrounding environment:
To the east the properties fronting Cameron Road are zoned City Centre with a
maximum permitted building height of 19m 15; and adjacent to the east the property is
zoned Commercial with a maximum permitted building height of 12m;
Adjacent to the south and west and on the opposite side of lower First Avenue the
properties are zoned Commercial with a maximum permitted building height of 12m.
5.1.1 Permitted Activity Rule Compliance Assessment
The relevant planning framework anticipates and expects business activities in the Commercial
Zone subject to an assessment against a range of ‘checks and balances’.
The table below provides an assessment of the proposal against the relevant performance
standards contained in the City Plan; and highlights elements of non-compliance and
subsequent consent requirements.
5.1.1.1 Section 4B - Transportation Provisions
Rule Assessment Activity Status
4B.2.3 – On-Site Does not comply Restricted Discretionary
Car Parking
71 on-site parking spaces are (Rule 4B.4(a))
Requirements
proposed, which as assessed is two
(Note: Due to the requirement
(2) spaces short of the reduced
to provide more than 25 on-site
requirement of 73 spaces as provided
parking spaces as calculated
for in the City Plan.
under City Plan provisions,
resource consent is required
for a Restricted Discretionary
Activity pursuant to Rule
4B.4(b) also)
4B.2.4 On-Site Complies Permitted
Parking Design
The design of on-site car parking has (Rule 4B.2.4)
been assessed and it is determined
that compliance with the relevant
performance standards will be
achieved.
4B.2.5 On-Site Does not comply Restricted Discretionary
Manoeuvring
Provision for on-site manoeuvring has (Rule 4B.4(a))
been assessed and it is determined
13
See Tauranga City Plan, Part B – Plan Maps, L105
14
See Tauranga City Plan, Part B – Section 7 – Viewshaft Protection Areas, Map 28
15
See Tauranga City Plan, Chapter 17 – Appendix 17A: City Centre Building Heights
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 7Rule Assessment Activity Status
that compliance with relevant
performance standards will be
generally be achieved; except for sub-
clause (c), which states that for every
activity in the Commercial Zone on-
site manoeuvring shall be provided for
(i) 1 90 percentile two-axle truck in
accordance with Appendix 4E: 90
Percentile Tracking Curve for an 8
metre Rigid Two Axle Truck; (ii)
Articulated trucks and trailers or buses
where they are likely to visit the site in
accordance with Appendix 4F: 90
Percentile Tracking Curve for a 19
metre Truck; in such a way that all
vehicles can enter and exit the site
without reversing. Such manoeuvring
shall be able to be executed in no
more than a three-point turn.
As assessed, a low height small truck
could negotiate the site; furthermore,
there is provision within the street
entranceway to accommodate loading
and unloading with only minor
inconvenience to others.
4B.2.6 Vehicle Does not comply Restricted Discretionary
Loading
As above. (Rule 4B.4(a))
Requirements
4B.2.7 Site Complies Permitted
Access and
Provision for site access and vehicle (Rule 4B.2.7)
Vehicle Crossings
crossings has been assessed and it is
determined that compliance with the
relevant performance standards will
be achieved.
5.1.1.2 Section 4C - Earthworks
4C.2.3.2 All Complies Permitted
Zones
Business activity is listed as a (Rule 4D.4.3.2)
permitted activity in the Commercial
Zone; earthworks activity will be
incidental to the development of the
proposed new commercial building.
8 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects5.1.1.3 Section 4D – Signs
4D.2.3.4 Complies Permitted
Commercial …
As assessed the proposal will comply (Rule 4D.2.3.4)
with the permitted sign standards for
the Commercial Zone.
5.1.1.4 Section 4E – Noise
4E.2.3 Complies Permitted
Commercial
As assessed the proposal will comply (Rule 4E.2.3)
…Zones
with the permitted noise standards for
the Commercial Zone.
4E.2.14 Complies Permitted
Construction
Construction noise will be managed in (Rule 4E.2.14(a))
Noise
accordance with NZS 6803:1999
Acoustics Construction Noise.
5.1.1.5 Section 4G - Lighting
4G.2.2 Complies Permitted
Commercial …
As assessed the proposal will comply (Rule 4G.2.2)
Zones
with the permitted lighting standards
for the Commercial Zone.
5.1.1.6 Section 4H – Permitted Intrusion Rules
4H.2.3(a) For effects-based assessment
Permitted Height purposes the 3m permitted maximum
Intrusions height intrusion for a design feature or
building component needs to be
considered when assessing the
proposal.
5.1.1.7 Section 8C – Flood Hazard Plan Area
8C.3 Activities Does not comply Restricted Discretionary
within the Flood
A small portion of the north-western (Rule 8C.3)
Hazard Plan Area
corner of the site is affected by the
Flood Hazard Plan Area.
5.1.1.8 Section 17 – Commercial Zones
17A.11.1.1 Does not comply Discretionary Activity
Building Height in
The permitted building height for the (Rule 17A.15.1(a))
the Commercial
Commercial Zone is 12m above
Zone
ground level. The proposed building
protrudes through the permitted
building height by a varying degree
due to the underlying topography.
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 9The maximum building height
protrusion occurs at the roof apex
(see Figure 3 below). This maximum
building height protrusion of between
approximately 10.6m and 11m
equates to two levels. This maximum
building height protrusion excludes the
5.8m x 4.05m lift shaft. The extent of
building height protrusion across the
balance of the site is less. Modelling
of the ‘non-compliant’ proposed
building height in comparison to the
compliant building height is illustrated
in:
Cross-sections, complaint
envelope and elevation plans
prepared by First Principles
Architects 16;
GIS mapping of building
height regime 17.
Figure 3: Building Height Protrusion Analysis
16
See Appendix 4, Architectural Plans/Design Statement
17
See Appendix 5, Assessment of Landscape and Visual Effects
10 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects5.2 Activity Status
The proposal will include land use activities that fall under the ambit of ‘business activity’ as
defined in the City Plan.
For completeness, the City Plan definition of ‘business activity’ is …
“land, buildings and structures used for:
a) Retail activities
b) Professional and service activities
c) Social and administrative activities
d) Educational activities
e) Technological activities
f) Tourism service activities
g) Services, storage, distribution or manufacturing activities
carried out on a site principally for commercial gain
For the purpose of this definition, business activity does not include visitor
accommodation or homestays”.
Table 17A.1: Commercial Zones Activity Status; confirms that business activity is classified as a
permitted activity in the Commercial Zone subject to compliance with relevant Permitted Activity
Rules.
The compliance assessment in Section 5.1.1 highlights that the proposal requires resource
consent for the following aspects of non-compliance:
A restricted discretionary activity due to a minor shortfall in the provision of on-site
parking and a technical non-compliance with respect to on-site manoeuvring and
loading;
A restricted discretionary activity due to a small portion of the north-western corner of
the site being affected by the Flood Hazard Plan Area; and
A discretionary activity due to the proposed building protruding through the maximum
permitted height plane.
In terms of ‘other’ statutory plan provisions; as assessed; the proposal requires no resource
consents under any Bay of Plenty Regional Council (BOPRC) planning document. Under the
National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect
Human Health (NESCS) the site is classified as a piece of land 18; given that no DSI has been
undertake for the site to date resource consent is required for a discretionary activity pursuant to
regulation 11 under the NESCS.
Overall, adopting the bundling principle, resource consent is required for a discretionary activity.
18
See Appendix 9, NESCS Assessment
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 116.0 Assessment of Environmental Effects
Having regard to the nature and scale of the proposal, the existing environment and the
discretion available to TCC in assessing the application for resource consent, the following
effects have been considered:
Positive Effects
Permitted Baseline / Existing Environment
Landscape and Visual Effects
Transportation Effects
Flooding / Inundation Effects
Cultural Heritage Effects
Infrastructure and Servicing Effects
Contaminated Soil Effects
Construction Effects
Cumulative Effects
6.1 Positive Effects
Section 3 of the Resource Management Act 1991 (RMA) specifies that the term ‘effect’ means
the following:
(a) Any positive or adverse effect; and
(b) Any temporary or permanent effect; and
(c) Any past, present or future effect; and
(d) Any cumulative effect which arises over time or in combination with other
effects … regardless of the scale, intensity, duration or frequency of the effect,
and also includes –
(e) Any potential effect of high probability; and
(f) Any potential effect of low probability, which has high potential impact.
The establishment and operation of the proposed new commercial building will align directly
with the overarching objective of revitalising the Tauranga city centre/city fringe.
The proposal will set a benchmark – in particular from an architectural and streetscape
perspective – for new development in the city centre/city fringe.
The occupation of new grade A office space will contribute to additional ‘foot fall’ within the city
centre/city fringe area and as a consequence an increase in discretionary retail spend will
result.
Overall, the proposal will align with strategic planning objectives for the city centre/city fringe
area and generate a number of positive socio-economic effects.
12 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects6.2 Permitted Baseline / Existing Environment
Section 104(2) of the RMA states that when forming an opinion for the purposes of Section
104(1)(a), a consent authority may disregard an adverse effect of the activity on the
environment if the plan permits an activity with that effect.
The permitted baseline enables an assessment of any actual and potential effects of a
proposed activity on the environment in comparison with the effects of activities permitted by the
relevant plan.
Associated with this concept, but mandatory, is the analysis of the existing environment which
extends to activities authorised by implemented resource consents and unimplemented
resource consents that are likely to be exercised.
In this case the existing building, the surrounding environment and the building height regime
for both the site and the surrounding environment 19 are relevant considerations when
undertaking an effects-based assessment.
6.3 Landscape and Visual Effects
An assessment of landscape and visual effects is included 20.
The focus of this assessment of landscape and visual effects relates to the protrusion of a
portion of the proposed building through the permitted 12m building height.
As noted earlier, the proposed building protrudes through the permitted building height by a
varying degree due to the underlying topography.
The maximum building height protrusion occurs at the roof apex. This maximum building height
protrusion of between approximately 10.6m and 11m equates to two levels. This maximum
building height protrusion excludes the 5.8m x 4.05m lift shaft.
The extent of building height protrusion across the balance of the site is less.
Modelling of the ‘non-compliant’ proposed building height in comparison to the compliant
building height is illustrated in
Cross-sections, complaint envelope and elevation plans prepared by First Principles
Architects 21; and
GIS mapping of building height regime 22.
Establishing a benchmark height to control building height is common practice in statutory urban
planning to ensure a homogenous height over large areas of urban fabric. Its disadvantages
are lack of flexibility and lack of adaption to changing economic circumstances and
requirements over time. Building height is only one variable in place making, derived from a
vision of the kind of place which is envisioned.
It is imperative that any objective analysis of tall buildings must, therefore, be considered in
relation to their local context, as the assessment of landscape and visual effects sets out to
achieve. Equally the appropriateness of the building design is also set in the context of its local
19
Inclusive of the permitted building height and viewshaft protection area intrusions; See Tauranga City Plan, Rule 4H.2.3
20
See Appendix 5, Assessment of Landscape and Visual Effects
21
See Appendix 4, Architectural Plans/Design Statement
22
See Appendix 5, Assessment of Landscape and Visual Effects
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 13interface within the immediate environment. This is achieved through design measures that
simplify its interface with the surrounding environment with a high regard for visual amenity.
The assessment of landscape and visual effects concludes as follows:
“… the additional height relates to the rolling height plane, resulting in two floors on the
western façade extending above the permitted 12m height plane. While this is an
extension in height the potential adverse effects on the urban form and character of the
area will be low to moderate with the potential adverse visual effects ranging from low to
moderate to low …
… Interpreting the scale of effect with regard to RMA terms this equates to a minor
landscape and visual effect”.
Overall, the resultant effects on the townscape and visual amenity attributable to the additional
height are considered to be low. In urban landscape and visual amenity terms the proposed
new commercial building will become a recognised and valued townscape resource with
enhanced visual amenity.
6.4 Character and Amenity Effects
The overall scale of the proposed new commercial building will not create a dominant building
within the future built fabric of the city centre/city fringe environment.
The height regime attributable to the city centre/city fringe is influencing the shape and form of
the area.
The additional two floors plus lift tower, will create a building that will individually have a limited
visual appearance; the extension above the permitted height will continue to respond
appropriately to the immediate and wider city form and will not detract from evolving
architectural form/context.
The ‘non-compliant’ height of the proposed building will not affect amenity values as identified in
the Tauranga City Landscape Study 23.
Overall, character and amenity values associated with both the site and surrounding
environment will be maintained.
6.5 Transportation Effects
A transportation assessment is included 24.
The transportation assessment describes the surrounding transportation environment and
provides a summary of sustainable travel options, traffic patterns and road safety. In relation to
the proposal; an analysis of trip generation (existing v proposed) and traffic effects (access,
network effects, parking, loading/servicing) is provided; as is a summary of how the proposal
‘fits’ with the relevant City Plan policy framework insofar as transportation matters are
concerned.
The transportation assessment summarises and concludes as follows …
23
Boffa Miskell Ltd, 26 March 2011, Tauranga City Landscape Study – A Review of the Landscape Study for the City of Tauranga
24
See Appendix 8, Transportation Assessment
14 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects“… Assessment of both existing and proposed uses of the site have demonstrated that
the expected trip generation of the activity will be of similar magnitude to the existing
activities on site and no more than the anticipated baseline activity for the site.
Accordingly, the proposal is unlikely to noticeably increase traffic volumes on the
surrounding road network in these peak periods …
… It is acknowledged that there are existing congestion issues, which affect access to
the commercial area bounded by Glasgow Street and Third Avenue. This has been
recognised by Council, as evidenced by previous investigations at the Cameron/Third
and Elizabeth/Glasgow intersections. However, as described above, the proposed
change in activity at the subject site is not expected to significantly increase traffic in the
peak commuter hour at these intersections …
… The proposed parking supply falls two spaces short of the City Plan reduced
requirement. Notwithstanding that the parking supply is very close to the assessed
reduced requirements, consideration has been given to the effects of any potential for
parking spill over. Int his respect it is acknowledged that some trips associated with the
site will make use of the First Avenue intersection with Cameron Road. This more than
likely will relate to visitors to the building and particularly café customers (should the
café become a destination in its own right). As there is existing on-street parking on
First Avenue as well as off-street pay parking (public and leased) on the adjacent site,
there is adequate parking within the network for visitors approaching the site from First
Avenue …”
Overall, it is concluded that the proposed development can be established with a no more than
minor effect on the safety and efficiency of the surrounding transportation network.
6.6 Flooding / Inundation Effects
TCC GIS maps indicate a possible flood risk in a 100-year storm event at the site based on
current levels. An estimated flood depth ranging from 0.1m to 0.5m occurs within the site.
Although no overland flow path is shown for the specific flooding at the site, the contour of First
Avenue indicates that overland flow paths direct flood waters west along First Avenue to
Glasgow Street.
The finished floor level (FFL) of the existing building at 154 First Avenue is RL 2.66m and the
FFL of the ground floor of the recently developed car park on the opposite side of the street at
155 First Avenue is RL 2.31m. All site levels should be above the level of the road (First
Avenue).
A FFL of RL 3.0 for the ground floor of the new commercial building is proposed. Limited
flooding of the ground floor car park would be permissible subject to the provision of tanking
walls and the power points above floodable water level.
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 15Figure 4: TCC GIS Map – Potential Flood Risk
Chapter 8 of the City Plan relates to natural hazards and sets out in Appendix 8B the
information requirements in relation to the risks of flooding on the site. The table in Figure 5
below provides a summary of these information requirements and an analysis of how the
proposal complies (or otherwise) with each of the criteria.
16 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental EffectsFigure 5: Flood Hazard Assessment
Overall, subject to the adoption of a FFL of RL 3.0m for the ground level car park and an
appropriate design response; there will be no adverse flooding/inundation effects on either the
proposed building or surrounding environment.
6.7 Cultural Heritage Effects
Preliminary consultation has been undertaken by the applicant with Ngai Tamarawaho 25. The
concept design phase for the proposed new commercial building has been informed by this
preliminary consultation and the cultural values assessment, which has been prepared by Ngai
Tamarawaho 26.
Consultation by the applicant with Ngai Tamarawaho in relation to the proposal will continue
throughout the resource consent process.
An archaeological assessment is included 27.
The archaeological assessment states that there are no known archaeological sites within the
two land parcels affected by the proposed development. Early aerial photographs indicate that
the properties remained in scrub and appear to have been poorly drained as late as the 1940’s.
25
Meeting held between Matt Allot, Graham Price and Buddy Mikaere on 6 September 2019; subsequent email and phone
correspondence between Matt Allott and Buddy Mikaere
26
See Appendix 11, Cultural Values Assessment
27
See Appendix 10, Archaeological Assessment
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 17Such a landscape would probably have been unsuitable for pre-European Maori settlement but
may have been a landscape rich in natural resources used by surrounding populations. Midden
deposits extending along the western escarpment indicate occupation occurred above property
and the low coastal bench may have been used by these populations as a platform for canoe
launching and accessing harbour resources.
A recorded midden site (U14/2725) is located on the escarpment above the properties and
within the First Avenue road reserve (see Figure 6 below). This area will be affected up the
proposed landscape treatment to First Avenue. The archaeological integrity and significance of
the midden remains unclear; however, it is likely to have been disturbed by previous
landscaping of the escarpment. It represents food waste deposited over the escarpment from a
settlement located on level ground directly above. Evidence of occupation above the midden
has likely been damaged by 20th century commercial development.
Figure 6: Plan showing recorded archaeological sites in the immediate vicinity of the site (NZAA
Archsite Data)
As there remains a possibility that unrecorded archaeological sites may be present within the
two affected properties and that the proposed landscaping of First Avenue escarpment may
affect intact archaeological deposits associated with U14/2725 a program for the mitigation of
effects on possible intact archaeological features exposed during demolition and redevelopment
18 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effectsshould be established before the commencement of ground disturbance. This mitigation
program will require an authority from Heritage New Zealand to damage or destroy part of
archaeological site/s U14/2725 and possible unrecorded archaeological sites.
Overall, subject to the adherence of recommendations made in the archaeological assessment,
there will be no adverse cultural heritage effects that cannot be adequately avoided, remedied
or mitigated.
6.8 Infrastructure and Servicing Effects
A civil engineering design features report is included 28.
The site is serviced by existing reticulated water supply, wastewater and stormwater
connections.
Pre-application discussion with TCC staff indicates that there is adequate capacity within the
reticulated system to accommodate the proposed new commercial building.
6.8.1 Water Supply
Council reticulation will be used for water supply to the proposed new commercial building.
Approximately 3000m2 of commercial space is proposed and assuming a peak minimum hourly
flow rate of 0.75 litres/second/hectare a design peak hourly flow rate of 0.23 L/s results. A
50mm diameter service connection with a backflow preventer is expected to meet the proposed
design requirements. This will have to connect from the 100mm water main located to the east
of the site on the southern side of First Avenue.
In relation to firefighting; the existing hydrants located on the water supply lines along First
Avenue will be used to provide for firefighting means, as this provides for firefighting to the
existing site. Two existing fire hydrants are located adjacent to the site on First Avenue.
6.8.2 Wastewater Management
Wastewater will be gravity discharged to the existing reticulated system on First Avenue. The
existing connection will be upgraded to service the proposed new commercial building. With
approximately 3000m2 of commercial floorspace being proposed; and with the minimum peak
hourly flow rate for commercial space being 0.7 litres/second/hectare; this results in a design
peak hourly flow rate of 0.21 L/s. A single 150mm uPVC connection will be suitable for the
proposed development.
6.8.3 Stormwater Management
Stormwater will be collected through the roof downpipes and the pavement catch pits and
discharged without attenuation to Council reticulation. The existing site has an impermeable
area of 1304m2, and the proposed development will increase the impermeable area to
approximately 1650m2. The loss of permeable area is predominantly from the scrub covered
bank. Additionally, there will be a loss of impermeable area due to the encroachment of the
28
See Appendix 6, Civil Engineering Design Features Report
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 19proposed walkway/deck area outside the property boundary. The slope of the bank ranges
between 28o and 50o.
The proposed new commercial building is located close to the terminus of the Council’s
reticulated stormwater system, which is an outfall structure discharging into the Waikareao
Estuary. Any attenuation flows, with the intention of avoiding peak flows from the larger
catchment, will more likely increase the risk of greater peak flow into the system. To reduce the
risk of increasing the peak flows within the system as a whole, it is recommended that run-off
from the site be discharge without attenuation.
Stormwater quality will be managed through the use of sumps collecting the paved stormwater
run-off to allow silts and gross pollutants to be removed. Stormwater from the roof is considered
to be of sufficient quality for direct discharge into Council’s reticulation system.
6.9 Contaminated Soil Effects
The National Environmental Standard for Assessing and Managing Contaminants in Soil to
Protect Human Health (NESCS) is a nationally consistent set of planning controls and soil
contaminant values. It ensures that land affected by contaminants in soil is appropriately
identified and assessed before it is developed - and if necessary, the land is remediated, or the
contaminants contained to make the land safe for human use.
Research of the most up to date information held by TCC and BOPRC identifies that past (and
likely) use of a HAIL activity has occurred on the site. On this basis the site is classified as a
‘piece of land’ 29.
Given that no detailed site investigation (DSI) has been undertake for the site to date, resource
consent is required for a discretionary activity pursuant to regulation 11 under the NES.
In relation to potential contaminated soil effects; the following consent conditions are
recommended:
xx Within three weeks of the demolition of the existing building on site, the consent holder
shall provide to Council’s Team Leader: Environmental Monitoring or their delegate a
Detailed Site Investigation (DSI) for certification. The DSI is to be undertaken by a
suitably qualified and experienced practitioner. The DSI shall:
(a) Be undertaken in accordance with the current edition of Contaminated Land
Management Guidelines No.5 – Site Investigation and Analysis of Soils,
Wellington, Ministry for the Environment; and meets the following requirements;
(b) Be reported on in accordance with the current edition of Contaminated Land
Management Guidelines No.1 – Reporting on Contaminated Sites in New
Zealand, Wellington, Ministry for the Environment;
(c) Result in a report that is certified by the practitioner;
(d) Include the sampling results, and a statement on whether the contaminants in
soil exceed the relevant National Environmental Standard figure/s provided by
the Ministry for the Environment; and
29
See Appendix 9, NESCS Assessment
20 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects(e) Include controls (such as a remediation action plan – RAP) that are considered
necessary to manage the risks to human health from any contamination on the
site.
xx If the DSI prepared in accordance with Condition xx of this Consent confirms that any
contaminants present within the soil on site are at or below background levels, no
further reports are required and compliance with Conditions xx and xx of the Consent is
not required.
xx Where a RAP is required by a DSI, then a Site Validation Report (SVR) shall be
prepared and submitted to Council’s Team Leader: Environmental Monitoring or their
delegate to demonstrate the actions in the RAP were carried out and confirm that the
site contamination is removed or managed so as to present no further risk to human
health once the remediation works are finished.
xx Where the DSI recommends a site-specific Contaminated Site Management Plan
(CSMP), the consent holder shall prepare and submit a CSMP to Council’s Team
Leader: Environmental Monitoring or their delegate prior to any works (other than the
removal of the existing building) commencing on site. The CSMP shall be prepared by
a suitably qualified and experienced practitioner (SQEP) and shall contain, but is not
limited to the following:
(a) Methodology to mitigate and manage risk to human health and environmental
receptors during the course of the proposed earthworks;
(b) Methodology for containment, management, sampling and removal of
excavated site material for off-site disposal;
(c) Methodology in the event that previously unidentified contamination sources or
suspected contaminated material is discovered on site;
(d) Methodology for ensuring that the future use of the site is appropriate and does
not result in an increase in the risk to human health;
(e) Demonstration of on-going compliance with NESCS regulations;
(f) Methodology to address decommissioning of existing buildings on the site; and
(g) Contingency plans to address contamination should there be no suitable area
to contain/store contaminated soil/materials on site.
6.10 Construction Effects
The construction effects associated with the proposal will be acceptable.
Construction activities will comply with the construction noise limits 30 and relevant vibration
standards.
It is recommended that a construction noise and vibration management plan (CNVMP) be
prepared and implemented throughout the construction phase to ensure that any potential
construction effects are adequately avoided, remedied or mitigated. For the same reason, it is
also recommended that a traffic management plan (TMP) be prepared and implemented
throughout the construction phase.
30
See Tauranga City Plan, Rule 4E.2.14(a) and NZS 6803:1999 Acoustics Construction Noise
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 21In relation to potential construction effects; the following consent conditions are recommended:
xx Construction noise shall not exceed the limits in NZS 6803:1999 Acoustics Construction
Noise. Construction noise shall also be measured and assessed in accordance with
this standard.
xx A construction noise and vibration management plan (CNVMP) shall be prepared by a
suitably qualified person and submitted to Council’s Team Leader: Environmental
Monitoring or their delegate for certification prior to commencement of the works. At a
minimum, the CNMP shall include:
(a) The noise limits that must, where practicable, be complied with;
(b) Identification of potentially affected receivers;
(c) Predicted noise levels for relevant equipment and activities;
(d) Details of the best practicable options with respect to noise mitigation measures
and implementation of these measures;
(e) Noise monitoring requirements with triggers and feedback mechanisms;
(f) Communications and complaints response protocols;
(g) The relevant measures set out in German Industrial Standard DIN 4150-3
(1999): Structural vibration - Part 3 Effects of vibration on structures.
xx Prior to any works authorised by this consent commencing on the site the Consent
Holder shall submit, to Council’s Team Leader: Environmental Monitoring or their
delegate for certification, a Traffic Management Plan (TMP). This TMP and the
certification thereof shall include details about any obstruction to access to roads,
footpaths and berms.
xx Traffic management during the construction of the building authorised by this consent,
shall be undertaken in accordance with the Certified TMP to the satisfaction of Council’s
Team Leader: Environmental Monitoring or their delegate.
6.11 Cumulative Effects
Section 3 of the RMA defines effect to include any ‘cumulative effect, which arises over time or
in combination with other effects’.
It is considered that the correct approach to a consideration of an application seeking departure
from particular performance standards is a consideration of the effects of the departure
consistent with the matters to which the consent authority has discretion. In other words, the
performance standards relating to building height, flood hazard and transportation provisions
are methods TCC has chosen to control effects. The City Plan states that a departure from
these standards is permissible provided the relevant effects assessment determines that a
departure from these standards will not result in adverse effects that are more than minor.
The Environment Court decision of Beca v Auckland City Council (A102/99; Judge Whiting; 22
September 1999) addresses precisely this issue. That case concerned a breach of the relevant
density provisions of the Auckland District Plan and was classified a non-complying activity. In
relation to the departure from the minimum residential density standard, Judge Whiting said:
“Density is one of a number of combined rules designed to protect the amenity values
and character elements of this special character zone. The other rules include
22 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effectscoverage, front yard controls and height controls. These controls are tools used by the
plan to assist in maintaining amenity values. The purpose of this parcel of rules is to
minimise effects. However, the rules themselves are not absolute in that a breach
means there will be adverse effects. They indirectly relate to effects and should not be
used as a substitute for an assessment of effects of a proposal. There will be situations
where a development of a particular site could be acceptable even though it does not
comply with the rules”.
This application for land use consent is one such case. The effects of the proposal, including
the cumulative effects, on the surrounding environment will be no more than minor.
6.12 Conclusion of Assessment of Environmental Effects
The assessment of environmental effects determines that any actual or potential effects on the
environment as a result of the proposal will be no more than minor.
First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effects 237.0 Statutory Assessment
7.1 Part II of the Resource Management Act 1991 (RMA)
Of the provisions contained in the Resource Management Act (RMA) Part II is the most
significant. In this respect it defines the purpose and principles around which the RMA is
centred.
Section 5, which documents the RMA’s purpose, promotes the sustainable management of
natural and physical resources. In defining the phrase ‘natural and physical’, Section 5 states
that resources may be used in a manner that enables people and communities to provide for
their social, economic and cultural well-being, and for their health and safety while:
(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet
the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
(c) Avoiding, remedying or mitigating any adverse effects of activities on the environment.
The proposal promotes the concept of sustainable management, providing for the social,
economic and cultural well-being of the community, without giving rise to any adverse
environmental effects that cannot be avoided, remedied or mitigated.
Section 6 relates to matters of national importance. In achieving the purpose of the RMA all
persons exercising functions and powers under it, in relation to managing the use, development,
and protection of natural and physical resources, shall recognise and provide for the matters
listed. Of the matters listed the following are relevant to a consideration of this application:
(e) the relationship of Maori and their culture and traditions with their ancestral lands,
water, sites, waahi tapu, and other taonga;
(f) the protection of historic heritage from inappropriate subdivision, use and development.
Cultural heritage values will be maintained and protected as a consequence of the proposal.
Section 7 lists other matters to which consent authorities shall have ‘particular regard to’ when
considering resource consent applications. Of those matters listed the following are relevant to
a consideration of this application:
(a) Kaitiakitanga;
(b) The efficient use and development of natural and physical resources;
(c) The maintenance and enhancement of amenity values;
(f) Maintenance and enhancement of the quality of the environment.
The proposal is an example of an efficient use and development of the land resource. The
character and amenity values associated with the site and the surrounding environment will be
maintained as will the quality of the environment.
Section 8 of the RMA states:
“In achieving the purpose of the Act, all persons exercising functions and powers under
it, in relation to managing the use, development, and protection of natural and physical
24 First Avenue Commercial Building | Application for Resource Consent and Assessment of Environmental Effectsresources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o
Waitangi)”.
The proposal is not contrary to the principles of the Treaty of Waitangi.
7.2 Section 104B
Section 104B states that when considering an application for a resource consent for a
discretionary or non-complying activity a consent authority may grant or refuse the application,
and if it grants the application may impose conditions under Section 108.
7.3 National Policy Statements
The National Policy Statement on Urban Development Capacity 2016 came into effect in
December 2016 31. The purpose of the National Policy Statement on Urban Development
Capacity is to ensure regional and district plans provide adequately for the development of
business and housing. This is to enable urban areas to grow and change in response to the
needs of their communities.
In the case of this proposal; there is a demonstrable demand for new office space in the
Tauranga city centre/city fringe area; and subject to appropriate ‘checks and balances’; it has
been determined that the proposal will have not result in any adverse effects that cannot be
adequately avoided, remedied or mitigated.
7.4 Bay of Plenty Regional Policy Statement
The Bay of Plenty Regional Policy Statement (RPS) establishes Bay of Plenty Regional
Council’s overall strategy for achieving sustainable management of natural and physical
resources.
Chapter 2.8 of the RPS relates to urban and rural growth issues; with the following objectives
and supporting policies relevant to a consideration of this application:
A compact, well designed and sustainable urban form that effectively and efficiently
accommodates the regions urban growth 32;
Implementing high quality urban design and live-work-play principles 33;
An efficient, sustainable, safe and affordable transport network, integrated with the
region’s land use patterns 34; and
Promoting the integration of land use and transportation 35.
As assessed, the proposal will align with the purpose and intent of this RPS policy framework.
The proposed new commercial building will provide for business growth in the city centre/city
fringe area; and the building been carefully designed with consideration afforded to best
practice urban design principles. Given the site location the proposal will contribute positively
31
http://www.mfe.govt.nz/publications/towns-and-cities/national-policy-statement-urban-development-capacity-2016
32
See Bay of Plenty Regional Policy Statement, Objective 23
33
See Bay of Plenty Regional Policy Statement, Policy UG 8B
34
See Bay of Plenty Regional Policy Statement, Objective 24
35
See Bay of Plenty Regional Policy Statement, Policy UG 13B
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