CENTRAL OTAGO DISTRICT COUNCIL REQUESTED PLAN CHANGE 7 : PISA MOORINGS VINEYARD LIMITED - P DECISION ON REQUESTED PLAN CHANGE

Transcription

1 CENTRAL OTAGO DISTRICT COUNCIL REQUESTED PLAN CHANGE 7 : PISA MOORINGS VINEYARD LIMITED - P DECISION ON REQUESTED PLAN CHANGE BACKGROUND: On 15 June 2011 Pisa Moorings Vineyard Limited requested a change to the Central Otago District Plan to change the zoning of 9 hectares of land at Pisa Moorings from Rural Resource Area and Residential Resource Area (11) to Residential Resource Area (13); with provision for a shop and/or community facility as a Scheduled Activity. The request was made pursuant to clause 21 of Part 2 of the First Schedule to the Resource Management Act 1991 (the Act). The land subject to the requested plan change is located at the residential settlement north of Lowburn known as Pisa Moorings and is bound by Pisa Moorings Road to the south, Missy Crescent to the north, Ferry Lane to the east, and by a terrace to the west that generally screens the land subject to the plan change from State Highway 6. The land subject to the request is described as part of Lot 1 DP that is contained in Identifier [Certificate of Title] CFR at the Otago Land Registry. The Council accepted the request pursuant to clause 25(2)(b) of the First Schedule to the Act on 29 June Clause 26(a) of the First Schedule to the Act requires that the local authority prepare the change to the plan in consultation with the person who made the request under clause 21. Such consultation occurred prior to the public notification of Plan Change 7. SUBMISSIONS: The requested plan change was publicly notified on 30 July 2011 and the closing date for submissions was 9 September Some 21 submissions were received in response to the requested plan change. A summary of the submissions was notified for further submissions on 19 November 2011, with further submissions closing on 2 December Further submissions from HP Kidd were received in response to 18 of the original submissions. A summary of the decisions requested in submissions received in response to requested Plan Change 7, which incorporates all submissions and further submissions, is attached at Annex 1 to this decision. HEARING: The Council s Hearings Panel conducted a hearing with respect to requested Plan Change 7 and all submissions and further submissions thereto at Cromwell on Thursday 15 March The requestor being Pisa Moorings Vineyard Limited was represented by Mr Peter Dymock and Mr Alan McKay. Mr Tony MacColl appeared in support of the submission by the NZ Transport Agency. Consideration was also given to a written statement dated 12 March 2012 from Mrs Helen Kidd in support of her submission and further submissions; and to a written statement prepared by Mr Stephen Kidd in support of the submission by the Pisa Moorings Utilities Society Inc dated 12 and 13 March The Hearings Panel has given consideration to the contents of all of the submissions and further submissions summarised at Annex 1 to this decision. 1

2 DOCUMENTS IN SUPPORT OF REQUESTED PLAN CHANGE: The plan change request dated 15 June 2011 was accompanied by a document entitled Pisa Moorings Vineyard Ltd Private Plan Change Request dated May 2011 prepared by Mr Dymock of Paterson Pitts Partners (Cromwell) Limited. That document provided supporting information under the following headings: 1.0 Purpose and Reason for Plan Change 2.0 Details of the Proposed Changes to the Operative District Plan 3.0 Statutory Framework 4.0 Other Relevant Plans 5.0 Consultation 6.0 Assessment of Effects on the Environment 7.0 Section 32 Assessment 8.0 List of Attachments The document dated May 2011 provides considerable background information with respect to the requested plan change. It is not proposed to repeat the detailed information provided in that document in this decision as that information was made available when requested Plan Change 7 was publicly notified. The document is referred to as the Request document elsewhere in this decision. Plan Change 7 as publicly notified differed in some respects from the Details of the Proposed Changes to the Operative District Plan as contained in Part 2.0 of the Request document. Such amendments were the result of the plan change preparation and consultation process required by clause 26(a) of the First Schedule to the Act. Mr Dymock confirmed at the hearing that further amendments are proposed by the requestor to the publicly notified plan change. Such amendments are proposed in response to the submissions and recommendations made in the section 42A report prepared by the Council s planning consultant that had been circulated to all parties prior to the hearing. It is noted in particular that an amended Concept Plan being plan C A dated 12 March 2012 is now proposed to be inserted into the Operative Central Otago District Plan as a new Schedule 19:22. SCOPE OF REQUESTED PLAN CHANGE AS AMENDED AT THE HEARING: Plan Change 7 amends Map 29 of the Operative Central Otago District Plan to include approximately 9 hectares of land described as part of Lot 1 DP (CFR ) in the Residential Resource Area (13). The land is currently in the Rural Resource Area and in the Residential Resource Area (11). The land subject to the proposed plan change has frontage to Pisa Moorings Road, Ferry Lane and Missy Crescent at Pisa Moorings. For the purposes of this decision the Pisa Moorings residential settlement north of Lowburn is referred to as Pisa Moorings albeit that it is acknowledged that parts of this settlement are known by various names including Perriam Cove, Wakefield Bay, Pisa Moorings, Pisa Village and Pisa North. The provisions of Section 7 of the Operative District Plan are to be amended to provide for the new Residential Resource Area (13). Rule 7.3.3(i)(c) is to provide for subdivision subject to a minimum allotment area of 600m 2 and an average lot area of 800m 2, with the minimum allotment size for allotments having frontage to Ferry Lane to be 1000m 2 and the minimum allotment size for allotments that abut land in the Residential Resource Area (3) to be 800m 2 ; and will require that any subdivision be in general accordance with the amended Concept Plan that is to be 2

3 included as Schedule 19:22 to the Operative District Plan. The amended Concept Plan being Plan C A prepared by Paterson Pitts Partners Limited and dated 12 March 2012 incorporates the following amendments to the publicly notified Concept Plan: Elimination of two lanes onto Ferry Lane and replacement with a cul-de-sac. Lots facing Ferry Lane are to have a minimum area of 1000m 2. Lots abutting Residential Resource Area (3) land to have a minimum area of 800m 2 Deletion of direct access onto Pisa Moorings Road from land subject to SA 127. Mr Dymock noted that the roading as shown on the amended Concept Plan now complies with the Council s current subdivision engineering code being NZS 4404:2004. Rule 7.3.3(vi)(b) is to be inserted to provide for multi-unit development in the Residential Resource Area (13) provided a site area of 450m 2 per residential activity is achieved and provided that the site does not have frontage to Ferry Lane. A breach of Rule 7.3.3(i)(c) (subdivision) and of Rule 7.3.3(vi)(b) (multi-unit development) is to be a non-complying activity. Rule 7.3.6(iii)(f) that relates to height is to require that any building located within the Residential Resource Area (13) on the terrace riser depicted as Lots on the amended Concept Plan shall not exceed a height of 3 metres above the terrace edge above the terrace riser. A new Rule 7.3.6(xii) is proposed in response to the submission by the NZ Transport Agency. This rule is to provide an acoustical standard for all residential dwellings located within 80 metres of the seal edge of State Highway 6 within the Residential Resource Area (13). A breach of Rule 7.3.6(iii)(f) and Rule 7.3.6(xii) is to be a discretionary (restricted) activity in terms of Rule 7.3.3(ii). Plan Change 7 also amends Map 29 by applying a Scheduled Activities notation to land that has frontage to Pisa Moorings Road, and which is to be included in both the Rural Resource Area and the Residential Resource Area (13). The notation refers to Scheduled Activity 127 (SA 127) and Schedule 19.3 of the Operative District Plan is to provide for the following as Scheduled Activity 127 in Clause Other Scheduled Activities : Community Facilities and Shop as defined in Section 18 [of the Operative District Plan]. As the scheduled activity notation is to apply to land in both the Rural Resource Area and the Residential Resource Area (13) Rule 4.7.1(ii) and Rule 7.3.1(ii) are to be amended to provide for Scheduled Activity 127 as a permitted activity, subject to compliance with Rule 7.3.6(iii) that relates to the Bulk and Location of Buildings in the Residential Resource Area and Rule 12.7 District Wide Rules and Performance Standards. Schedule 19.3, Rule 4.7.1(ii) and Rule 7.3.1(ii) are to confirm that no vehicular access is to be achieved direct to Pisa Moorings Road from Scheduled Activity 127. Plan Change 7 as publicly notified and as amended at the hearing amends the Contents Section and Sections 4, 7 and 19 and Map 29 of the Central Otago District Plan. Plan Change 7 as publicly notified presents the provisions that are to be amended in the order in which they are presented in the Operative District Plan. 3

4 PLANNING HISTORY: Land at Pisa Moorings was located in the Rural 1 Zone when the Vincent County District Scheme First Review became operative on 18 December This zoning was changed by Scheme Change 11L which became operative on 31 October Scheme Change 11L applied the Residential Marina Zone to the land now subject to proposed Plan Change 7 and to other land at Pisa Moorings north of Pisa Moorings Road. Scheme Change 10N (also operative 31 October 1989) introduced Rule (ii) which established a minimum lot area of 1000m 2 in the Residential Marina Zone where an allotment was intended to accommodate a dwelling house. The Request document presents at Attachment 8.5 a plan which shows the original subdivision for Stage I of the Pisa Moorings subdivision. That plan indicates as Future Stages an indicative pattern of residential subdivision for the land subject to Plan Change 7, being land then contained within the Residential Marina Zone. The Request document at Attachment 8.6 includes the plan of subdivision for RC that was granted subdivision consent on 26 November RC provided for the creation of 58 residential allotments having an area of 400m 2 or greater. Land use consent was granted for two storey duplex apartments; and the development was to occur in conjunction with the development of a vineyard that was to be established on land between the residential allotments and Ferry Lane. The Proposed Central Otago District Plan was publicly notified on 18 July Map 29 of the Proposed District Plan applied the Residential Resource Area (3) to the 58 allotments consented under RC The Residential Resource Area (3) incorporated key provisions from the Residential Marina Zone in the Vincent County District Scheme, and a minimum allotment area of 1000m 2 was required in terms of Rule 7.3.3(c) of the Proposed District Plan. The vineyard area (being Lot 62 RC ) was included in the Rural Resource Area in the Proposed District Plan. In essence the pattern of subdivision and development provided for in terms of RC was incorporated into the Proposed District Plan albeit that the minimum allotment area was to be 1000m 2 not 400m 2. A submission was lodged in response to the Proposed District Plan from Pisa Moorings Limited that drew attention to the subdivision consent (RC ) and which promoted as an option that a new Residential Resource Area (11) be included in the Proposed District Plan which provides for a minimum allotment area of 400m 2. The Council s Decisions 9/ , 9/ and 14/ provided accordingly. The Proposed District Plan was amended by decisions on 1 July 2000 and no appeals were lodged with respect to the Residential Resource Area (11) provisions that had been introduced by the Council s decisions. The Central Otago District Plan became operative on 1 April 2008 and now applies the Residential Resource Area (11) to the land that contains the 58 residential allotments consented under RC and Rule 7.3.3(i)(c) establishes a minimum allotment area of 400m 2 in the Residential Resource Area (11). For completeness it is noted that the Operative District Plan maintains the Rural Resource Area status for the vineyard being Lot 62 RC Subdivision and land use consent was granted to Pisa Moorings Vineyard Limited on 29 February 2008 (RC ). In essence RC provides for the creation of 38 allotments which vary between 629m 2 and 2393m 2 as shown on the plan of subdivision for RC that is attached to the Request document at Attachment 8.7. Condition 1a) of the subdivision consent RC provides for Lots 1-3 to be shown as one allotment being Lot 3 RC as shown at Attachment 8.7 to the Request document; and Condition 1 of the land use consent RC

5 stipulates that any building erected on Lots RC not exceed a height of 3 metres above the terrace edge above the terrace riser. The initial stage of RC has been completed resulting in the creation of Lots DP (being Lots RC ) which have frontage to Missy Crescent. These four allotments and two properties on the opposite side of Missy Crescent are to be retained in the Residential Resource Area (11) and are not affected by Plan Change 7. The planning history summarised above is of relevance when assessing Plan Change 7. The Council notes in particular that the Operative District Plan provides for part of the land to be subdivided into allotments having a minimum area of 400m 2 in terms of the Residential Resource Area (11) provisions; and that RC permits the subdivision of land having frontage to Pisa Moorings Road and of land to the north-west of the Local Connector Road (being the proposed new road link between Pisa Moorings Road and Missy Crescent Lot 33 RC ). REASONS FOR PLAN CHANGE: The requestor in Clause of the Request document emphasises that the current zoning of the site (Residential Resource Area (11) and Rural Resource Area) is specific to a particular development that will never be realised. The Requestor advises that there is not, and likely never will be, a market for the large village-vineyard duplex apartment complex originally planned for the site. The requestor has also noted that the ownership and management of the vineyard was intended to be tied to ownership of the apartments. The purpose of the vineyard was as a boutique operation whose primary purpose was to enhance the amenity of the duplex apartments. The requestor has confirmed that the vineyard is not commercially viable as a stand-alone operation and is progressively being removed. The requestor has also emphasised that if RC proceeds to its full extent the pocket of land in the Rural Resource Area will be completely surrounded by residential subdivision and development. The requestor considers that having a small pocket of rural zoned land completely surrounded by residential land is not a desirable planning outcome and is a wasteful and inefficient use of the land and infrastructure resource. The requestor has promoted a Residential Resource Area (13) in preference to the Residential Resource Area (3) that applies elsewhere at Pisa Moorings. This is to provide more development flexibility and housing choice than is available in the context of the Residential Resource Area (3) which requires a minimum lot area of 1000m 2. The requestor considers that a minimum lot area of 600m 2 and an average lot area of 800m 2 achieves diversity of choice, while maintaining a low overall lot density for the completed development. As noted above the requestor now promotes that the minimum allotment size for allotments with frontage to Ferry Lane be 1000m 2 and that the minimum allotment size for allotments that abut land in the Residential Resource Area (3) be 800m 2. The requestor in Clause of the Request document has referred to a loophole in the Residential Resource Area (3) provisions which require an allotment area for subdivision of 1000m 2 ; but which provide for multi-unit development (as a restricted discretionary activity) on the basis of one unit per 250m 2, being the multi-unit density standard applied throughout the Residential Resource Area. The Requestor has noted that there is a natural expectation that subdivision of each unit onto its own title will follow land use consent to multi-unit development; 5

6 and that this creates the potential for a much greater density of development than anticipated by the subdivision rules of the plan. The requestor considers that some limited form of multi-unit development is desirable to provide housing choice in the proposed Residential Resource Area (13). Accordingly a minimum multiunit unit density of 1 unit per 450m 2 is proposed as a restricted discretionary activity except where a site has frontage to Ferry Lane. As a consequence only lots over 900m 2 that do not have frontage to Ferry Lane will be able to have multi-unit development on them. The amended Concept Plan identifies 8 allotments which have an area in excess of 900m 2 (excluding Lot m 2 that is to be subject to SA 127) and that do not have frontage to Ferry Lane. The requestor advises that the Pisa Community Plan and consultation undertaken by the requestor indicates that there is some limited community support for a local shop and provision for some form of community facilities within Pisa Moorings. The requestor has noted that the likely demand for such facilities is problematic given the factors listed in Clause of the Request document. Lot 1 as shown on the amended Concept Plan is to be subject to Scheduled Activity (SA) 127, such Scheduled Activity being Community facilities and shop as defined in Section 18. The requestor considers that a small retail shop is possible or that some form of community facility such as a school bus stop and shelter, small community hall, volunteer fire station, pre-school etc is possible. The terms Community facilities and Shop are defined in Section 18 of the Operative District Plan as follows: Community facilities Shop includes educational facilities, (land and/or buildings used for the provision of regular instruction or training, teaching and learning, recreation for students and includes their ancillary administrative, cultural, commercial facilities and carparking and vehicle access), recreation facilities, emergency service activities as defined (see page 18:4), churches and places of worship, community centres and halls, care centres (as defined), and other similar community resources involving the use of buildings and land. means any land, building or part of a building on or in which goods and services are sold or offered or exposed for sale by retail but does not include premises for the sale of new or used motor vehicles, boats, or caravans, or the sale of fuel and oil for motor vehicles. The requestor has advised that in order to provide flexibility in the event that there is no demand for any commercial type development or for commercial facilities the Scheduled Activity technique has been proposed to enable residential use to occur in terms of the Residential Resource Area (13) provisions. It is also noted that the land subject to SA 127 is split between the Residential Resource Area (13) and the Rural Resource Area to ensure that that part of Lot 1 as shown on the Concept Plan that is flood prone (as identified in the context of RC ) will remain in the Rural Resource Area to be used for access, carparking etc, with any built development being located on that part of Lot 1 that is located within the Residential Resource Area (13). The requestor proposes that dwellings erected on the terrace riser defining the western edge of the Residential Resource Area (13) be subject to a height restriction, consistent with Condition 1 of the land use consent RC The requestor advises that such height restriction is to maintain the rural outlook that is available for vehicles passing on State Highway 6. 6

7 The requestor has also advised that the Residential Resource Area (13) or sub-zone approach is preferred to introducing a whole new set of provisions into the Operative District Plan for a new Resource Area. The Scheduled Activity approach is also considered preferable to the Business Resource Area provisions which would provide for a wide range of commercial activities to establish on Lot 1. The requestor has also advised that the amended Concept Plan is proposed to give the community and the Council some certainty and comfort as to the ultimate form of development facilitated by Plan Change 7. This technique has been used elsewhere in the District Plan (see Schedules inclusive). DISCUSSION: The Council has given consideration to the amendments to the Operative District Plan provided for in Plan Change 7; to the contents of the Request document; to the additional material presented or tabled at the hearing; and to the contents of the submissions and further submissions that have been lodged in response to Plan Change 7. The various elements contained in Plan Change 7 are discussed below. Rezoning of Land The land subject to Plan Change 7 is currently located in the Residential Resource Area (11) and the Rural Resource Area as shown on Map 29 of the Operative District Plan. The existing provisions are consistent with the subdivision and development provided for in terms of the subdivision and land use consent RC granted on 26 November The requestor has explained that the subdivision and development of a village/vineyard duplex apartment complex as originally planned for the site will not occur. The resource consent RC granted on 29 February 2008 now provides for more conventional subdivision and development on part of the subject site, with the residential allotments generally coinciding with the strip of land contained in the Residential Resource Area (11) as shown on Map 29 of the Operative District Plan. The Council is satisfied that the Residential Resource Area (11) provisions are no longer appropriate. The pattern of subdivision provided for in Plan Change 7 adjacent to Pisa Mooring Road and to the north-west of the proposed Local Connector Road is consistent with that consented under RC Such consented baseline forms part of the existing environment at Pisa Moorings. A key element of Plan Change 7 that is opposed by several of the submitters is the rezoning of Lot 38 RC (the vineyard and open land in rough pasture) from Rural Resource Area to Residential Resource Area (13). If RC proceeds a pocket of land in the Rural Resource Area will be completely surrounded by residential subdivision and development. The requestor advises that if the status quo is maintained vineyard removal is likely to continue and the land may become unsightly for nearby residents, including passers-by on Ferry Lane. Reverse sensitivity issues may arise as rural activities may give rise to adverse effects which may disturb residents. The Council notes in this context that Condition 26 of the subdivision consent RC draws the attention of the future owners of residential allotments in that subdivision to potential adverse effects associated with viticultural and horticultural activity. The requestor has also emphasised that large built development may occur in the Rural Resource Area which may detract from residential amenity. 7

8 The Council s conclusion is that Plan Change 7, to the extent that it provides for some form of residential subdivision and development, provides a better outcome with respect to the land currently contained in the Rural Resource Area. The potential exists to utilise this land for residential purposes and to integrate this with residential subdivision and development that exists on neighbouring land and which has been consented under RC The Council also considers that proposed Plan Change 7 makes efficient use of the land resource including the land currently located within the Rural Resource Area that is surrounded by the Residential Resource Area (3) and Residential Resource Area (11) at present. It is appropriate to acknowledge that the existing pattern of zoning (including the pocket of Rural Resource Area land) resulted from the original development concept provided for in RC That development concept will not now proceed and the requestor has advised that the vineyard is not commercially viable. In all the circumstances the Council does not consider it appropriate for the Rural Resource Area status of the land to be maintained albeit that existing residents may enjoy an outlook over rural land. The Council considers that Plan Change 7 as amended by the requestor at the hearing provides a better outcome and will facilitate more efficient use of the land resource in this locality. Lot Sizes The requestor has promoted a minimum lot area of 600m 2 and an average lot area of 800m 2 within the Residential Resource Area (13); and the requestor promoted at the hearing that the minimum allotment area for allotments with frontage to Ferry Lane be 1000m 2 and that the minimum allotment area for allotments that abut land in the Residential Resource Area (3) be 800m 2. The Council considers that the minimum and average lot area is appropriate having regard to the consented baseline provided by RC which provides for the subdivision of allotments that comply with these parameters adjacent to Pisa Moorings Road and on the north-west side of the Local Connector Road. The requestor at Clause 6.2 of the Request document has noted that the large lot sizes in the Residential Resource Area (3) (in the 1000m 2 to 1350m 2 range) have resulted in most lots having a long and narrow configuration, with frontages having generally the same width as if the allotments were much smaller. The sense of openness in the Residential Resource Area (3) is influenced by the location and design of dwellings. In some instances dwellings are located close to the road frontage and occupy much of the frontage. Where properties are adjacent to the lake margin this is likely to be a consequence of the 15 metre yard that is required adjacent to Lake Dunstan. Several of the submitters are concerned that the existing pattern of subdivision and development which features minimum lot areas of 1000m 2 should be maintained, consistent with the pattern of subdivision which exists at Pisa Moorings. The Council notes that Plan Change 7, as amended, now provides for a minimum lot area of 1000m 2 to be achieved adjacent to Ferry Lane. This is consistent with the area of nearby allotments in the Residential Resource Area (3) and with future subdivision which may occur on the block of land to the north of Wakefield Bay and east of Ferry Lane opposite the land subject to Plan Change 7, which is permitted to be subdivided to achieve a minimum lot area of 1000m 2 consistent with its status as Residential Resource Area (3). The internal portion of the land subject to Plan Change 7 (between allotments fronting Ferry Lane and the proposed Local Connector Road) has the potential to be subdivided into smaller allotments as proposed on the amended Concept Plan. This portion of land is internal to the future subdivision of land subject to Plan Change 7 and the Council notes that subdivision into allotments 8

9 less than 800m 2 is permitted by RC adjacent to Pisa Moorings Road (Lots RC ) and has occurred at Missy Crescent (Lots RC ). The Council considers that a requirement to achieve a minimum lot area of 1000m 2 throughout the Residential Resource Area (13) is not necessary or reasonable given the consented baseline of RC and the fact that development on the internal area of land will be screened from Ferry Lane by development on allotments having a minimum area of 1000m 2. The average lot area proposed of 800m 2 is 80% of the minimum lot area of 1000m 2 provided for in the Residential Resource Area (3). As noted above those allotments adjacent to the margin of Lake Dunstan in the Residential Resource Area (3) are required to comply with a 15 metre yard which reduces the buildable area within such allotments. The Council also notes that some 45% of the conventional residential allotments permitted in the PNC subdivision at Perriam Cove (RC ) have an area under 1000m 2. The Council also considers that the wider, squarer lots that are generally proposed in the Residential Resource Area (13) will to some extent offset any effects associated with the reduction of 20% in area when compared to the Residential Resource Area (3). The existing subdivision consent RC (excluding Lot 3 [split zone] and Lots RC ) achieves an average lot area of 821m 2 and a minimum lot area of 629m 2. The additional area subject to Plan Change 7 as shown on the amended Concept Plan (being land currently in the Rural Resource Area) achieves an average area of 799m 2 and a minimum lot area of 600m 2 (exclusive of access strips for rear allotments). A generally consistent density of subdivision and future development is to be achieved throughout the area subject to Plan Change 7 albeit that lots having a minimum area of 1000m 2 and 800m 2 are to be provided adjacent to Ferry Lane and abutting land in the Residential Resource Area (3), respectively. The requestor has explained that the configuration of the lots enables contemporary house designs that incorporate passive solar heating and optimisation of solar advantage. The Council s conclusion is that the average lot area of 800m 2 and the minimum lot area of 600m 2 as proposed will provide for efficient use of the land resource and will not detract from residential amenity at Pisa Moorings provided a 1000m 2 minimum lot area is achieved adjacent to Ferry Lane and subject to other amendments as now proposed by the requestor and discussed below. The 800m 2 average and 600m 2 minimum proposed contrasts with the minimum lot area of 250m 2 which is provided for elsewhere in the District in those parts of the Residential Resource Area where a reticulated sewerage system is available. Multi-Unit Development The requestor has noted that a loophole exists whereby a minimum lot area of 1000m 2 is required for subdivision in the Residential Resource Area (3) but multi-unit development is provided for (as a restricted discretionary activity) with 1 unit per 250m 2. It is emphasised that this anomaly will remain irrespective of Plan Change 7 and is a matter that can only be addressed via a separate plan change. If the land subject to Plan Change 7 were included in a Residential Resource Area (13) (or a Residential Resource Area (3)) in the absence of a specific amendment to the multi-unit development rule, multi-unit development could occur provided a minimum area of 250m 2 per unit is achieved. The requestor now proposes a rule to increase the minimum area required for multi-unit development from 250m 2 to 450m 2 provided that the site does not have frontage to Ferry Lane. In essence multi-unit development on land subject to the Residential Resource Area (13) would be required to achieve a higher area threshold for multi-unit development than that which currently 9

10 applies to the Residential Resource Area (3) at Pisa Moorings; and multi-unit development would not be permitted adjacent to Ferry Lane. The amended Concept Plan provides for 8 residential allotments (excluding Lot 1 SA 127) that exceed an area of 900m 2 and that do not have frontage to Ferry Lane and which could therefore accommodate multi-unit development on the basis of a minimum of 450m 2 per unit. It is unlikely that all 8 allotments would be developed for multi-unit development as some owners may wish to erect a single dwelling on these larger sites. In all the circumstances the Council considers that the provision that is proposed for multi-unit development in the context of Plan Change 7 as amended is appropriate. The amended proposed Rule 7.3.3(vi)(b) will maintain an open form of development at Ferry Lane consistent with that presented by nearby properties that have been built upon in the Residential Resource Area (3). Scheduled Activity Lot 1 as shown on the amended Concept Plan is to be subject to the SA 127 notation that will provide for community facilities and shop as defined in Section 18 of the Operative District Plan. The requestor has advised that this provision has resulted from the Pisa Community Plan and consultation undertaken by the requestor. While a small retail shop is possible at this location the Council acknowledges the requestor s observations and reservations that the availability of shopping facilities at Cromwell, the limited size of the permanently resident catchment and the commercial development provided for at the Perriam Cove (under RC ) make it unlikely that a convenience store would be established on Lot 1 as shown on the amended Concept Plan. SA 127 provides the opportunity for such development and/or for a community facility to be established at the site that has a strategically located position accessible from State Highway 6 and from the Pisa Moorings residential area. The Council considers that it is appropriate to provide for such an opportunity through the Scheduled Activity technique. Any development on Lot 1 is to be subject to the bulk and location rules that apply in the Residential Resource Area to ensure that the physical form of such development is consistent with residential amenity; and no vehicular access is to be achieved direct to Pisa Moorings Road from Scheduled Activity 127. The Council acknowledges that part of Lot 1 is flood prone and is to be retained in the Rural Resource Area. The Council s conclusion is that in all the circumstances the provision for Scheduled Activity 127 is appropriate. Height A height restriction is proposed consistent with Condition 1 of RC The Council s decision on RC (at page 9) confirms that the height restriction imposed by Condition 1 would enable residents of Lots RC (being Lots as shown on the amended Concept Plan) to enjoy views towards the lake, while mitigating the effects of a breach of the line of the terrace for those viewing those allotments and the landform beyond from within the nearby Pisa Moorings and Pisa Village subdivisions, or from the direction of State Highway 6. The height rule, as proposed, is appropriate and is consistent with demarcation of the Residential Resource Area (13) by the top of the terrace riser. In essence the height rule protects views from Pisa Moorings/Pisa Village as well as from State Highway 6 across the existing vineyard that is to be retained in the Rural Resource Area. The vineyard plantings and orchards adjacent to State Highway 6 will screen any built development which complies with the height rule proposed for the Residential Resource Area (13). 10

11 Conclusion The Council s conclusion is that Plan Change 7 as amended in terms of this decision is appropriate and provides a better outcome than the status quo (or the alternative of applying a Residential Resource Area (3) to this land) and the Council is also satisfied that Plan Change 7 makes efficient use of the land resource. EFFECTS OF PROPOSAL: Effects on Residential Amenity Rezoning of land in the Residential Resource Area (11) that is generally subject to RC to Residential Resource Area (13) will have no effect on residential amenity, given the consented baseline. In essence RC permits the subdivision and development for residential purposes of land that has frontage to Pisa Moorings Road and of land to the north-west of the proposed Local Connector Road. The rezoning of land from Rural Resource Area to Residential Resource Area (13) will have an effect on visual amenity as vehicles pass on Ferry Lane. Any such effects on visual amenity will be mitigated through adherence to a minimum lot area of 1000m 2 on that part of the land to be included in the Residential Resource Area (13) that has frontage to Ferry Lane. Plan Change 7 will result in the residential subdivision and development of land which is surrounded by land zoned and/or consented for residential subdivision and development. Plan Change 7 provides for Lot 1 as shown on the amended Concept Plan to be utilised for community facilities and/or a shop. The land subject to SA 127 is located at the intersection of Pisa Moorings Road and the proposed Local Connector Road and the bulk and location requirements that apply in the Residential Resource Area are to be complied with; and no vehicular access is to be achieved direct to Pisa Moorings Road. The development proposed is at a scale which is consistent with residential amenity and will contribute to the range of services available to residents at Pisa Moorings. The inclusion of part of the land subject to SA 127 in the Residential Resource Area (13) will provide for residential development to occur on this land in the event that this land is not used for the Scheduled Activity. The Council s conclusion is that any adverse effects on residential amenity associated with Plan Change 7 will be limited. Traffic Effects The consented baseline provided by RC is relevant when assessing the traffic effects of the proposal. It is noted in particular that RC provides for a road link between Pisa Moorings Road and Missy Crescent that is consistent with the Local Connector Road proposed in terms of the amended Concept Plan. RC permits the creation of 34 residential allotments on the land proposed to be rezoned to Residential Resource Area (13). Plan Change 7 now provides for the creation of an additional 48 residential allotments on land currently within the Rural Resource Area. The proposal will have traffic effects on the wider roading network, particularly on Pisa Moorings Road and the Pisa Moorings Road/State Highway 6 intersection by generating traffic from an additional 48 allotments. The requestor advises in Clause 6.7 of the Request document that there are 490 lots or potential lots and a large commercial development (at Perriam Cove) currently served by the State Highway 11

12 6 intersection. Mr Dymock noted at the hearing that Plan Change 7 will add another 24 potential dwellings to that already possible under the current District Plan provisions (Residential Resource Area (11)) and he estimated that this would result in a net increase of some 5% in traffic movements. It is appropriate to acknowledge in this context that the NZ Transport Agency has expressed no concerns in its submission with respect to the effects of the proposed plan change on the State Highway 6 intersection. The potential exists for up to 8 of the allotments shown on the amended Concept Plan to be used for multi-unit development thereby generating additional traffic. It is not possible to determine at this time the proportion of such allotments that would actually be developed for multi-unit development. The Council also acknowledges that the amended Concept Plan provides for a local roading network to be developed on land subject to Plan Change 7 in accordance with NZS 4404:2004 being the Council s current subdivision engineering code. The Council s conclusion is that any traffic effects associated with Plan Change 7 are limited and can be accommodated within the local roading network. A positive effect of the proposal will be to reduce traffic on Ferry Lane as the proposed Local Connector Road will provide an alternate connection between the northern portions of Pisa Moorings and Pisa Moorings Road. Positive effects will also result as the plan change will enable better integration of the residential subdivision and development consented under RC with land at Pisa Moorings that is located in the Residential Resource Area (3). The internal road system that ties the proposed Local Connector Road with Ferry Lane as well as walking and cycling connections through the extended reserve network and between Lots 79/80 and 81/82 and Lots 35 & 46/47 as shown on the amended Concept Plan will serve to better integrate subdivision and development consented under RC and as provided for in Plan Change 7 with the existing residential neighbourhood at Pisa Moorings. Services The requestor has noted that infrastructure issues relating to the subdivision of part of the land subject to Plan Change 7 have been addressed in the context of RC The requestor confirms that all lots will be connected to the Cromwell Town water supply and that wastewater will also be disposed of into the Cromwell Town reticulation. The Council s engineering consultants MWH New Zealand Limited have given consideration to Plan Change 7 and to the submissions received. In essence the engineers do not consider that Plan Change 7 will place excessive demands on Council infrastructure in either the short or longer term. Effects on infrastructure can be addressed in the context of resource consent conditions at the time of subdivision consent. Power and telecommunication connections will be provided to all allotments and stormwater for both road and roof/hardstand runoff will discharge direct to ground. There are no particular constraints to the provision of services to the land subject to Plan Change 7 and it is noted again that the provision of such services has been addressed for part of the land subject to the plan change in the context of RC

13 Existing pipelines that serve the Pisa Moorings Utility Services private water scheme will need to be relocated at the time of subdivision as noted in Clause of the Request document. A condition relating to such relocation was imposed as Condition 19 of the subdivision consent RC Mr Dymock confirmed that all such relocation costs will be met by the subdivider/developer. Flood Hazard In Clause of the Request document the requestor refers to potential flood hazard associated with Five Mile Creek. Such flood hazard has been addressed by applying the Rural Resource Area to part of the land in Lot 1 as shown on the amended Concept Plan. The requestor notes that this matter was addressed in the context of RC and considers that specific mitigation measures can be addressed in the context of a future application for subdivision consent. The Council also acknowledges that Rule 4.7.5(i) of the Operative District Plan confirms that any building to be erected upon land that is or is likely subject to material damage by inundation is a non-complying activity in the Rural Resource Area. The Council considers that Plan Change 7 provides for the avoidance or mitigation of any adverse effect in terms of flood hazard. Loss of Productive Rural Land Lot 38 RC contains some 4.79 hectares that is located in the Rural Resource Area. An effect of Plan Change 7 is to permit this land to be subdivided and developed for residential purposes. The requestor has emphasised that a vineyard on this land is not commercially viable. Given that this pocket of rural land is surrounded by residential zoning and a consented residential subdivision (RC ) the Council considers that any adverse effects in terms of the loss of productive rural land will be no greater than minor. Plan Change 7 produces a better outcome as it will result in this pocket of rural land being subdivided and developed for residential purposes, consistent with residential subdivision and development that has occurred (or is consented) on surrounding land. Reverse Sensitivity A positive effect of the proposal is to avoid reverse sensitivity effects that could be associated with rural use of the 4.79 hectares currently located within the Rural Resource Area. The requestor has emphasised that many rural activities could establish as of right on this land which may not be compatible with the surrounding residential environment. The requestor has referred to effects associated with intensive rural land use including bird scaring, crop netting, toxic sprays, frostfighting, noise, traffic and dust from crop harvesting and to adverse effects associated with pest destruction. The Council considers that Plan Change 7 has positive effects in terms of avoiding adverse reverse sensitivity effects. SUBMISSIONS: The discussion with respect to the contents of submissions in this part of the decision is not intended to be exhaustive as many of the issues raised in submissions have been addressed already in the consideration of the various elements of the plan change and of the effects of Plan Change 7, as presented above. 13

14 Submitter and further submitter reference numbers used below correspond with, the reference numbers used in the Summary of Submissions and Further Submissions at Annex 1 to this decision. J Christensen & A Bennington (4/3) emphasise that the vineyard contributes to the special nature of the Pisa Moorings community. The Council notes that there is no assurance that the owner will maintain this vineyard into the future and the requestor has advised that part of the vineyard has been removed. The unkempt nature of this area and the potential fire risk that has arisen is referred to in the submission by IR Paterson (17/3). J Christensen & A Bennington (4/6) have questioned the need for the provision of community facilities and a shop. They have observed that The Moorings café at Perriam Cove now serves as a meeting place for residents and that the Lowburn Hall is also available to the Pisa District. The Council notes in this context that the Scheduled Activity notation would provide for a range of community facilities such as, say, a childcare type facility, which may well be of value to the local community. Such provision is supported in the submission by HP Kidd (8/4). J Christensen & A Bennington (4/7) have raised concerns with respect to creating three intersections to Ferry Lane in close proximity to the Pisa Moorings Road intersection. The Concept Plan included in the publicly notified plan change provided for three intersections to be created within a 150 metre length of Ferry Lane and such provision was excessive. The amended Concept Plan provides for one road intersection onto Ferry Lane between Pisa Moorings Road and Quartz Lane. The number of intersections has now been reduced from three to one on the amended Concept Plan and this addresses the concern raised by the submitters. The submitters (4/7) have also referred to the intersection between the proposed Local Connector Road and Pisa Moorings Road and consider this to be unworkable because of a traffic calming hump and proximity to the entrance to Perriam Cove. The Council notes in this context that the alignment of the Local Connector Road coincides with the road as consented under RC The submission by HP Kidd (8/2) supports the Residential Resource Area (13) for Lots 4-32 of RC and acknowledges that changing the current Residential Resource Area (11) status would remove inappropriate zoning for a concept that will never be implemented. As noted above HP Kidd (8/4) also supports the Scheduled Activity notation that has been proposed in Plan Change 7. HP Kidd (8/13) advises that the purpose of the Rural Resource Area was to provide the vineyard for the proposed development as promoted in 1997 and to ensure that the overall number of residential sites did not exceed the number originally provided for in a 1994 concept plan. Reference has also been made (8/25) to an assurance given in the context of RC to the effect that land in the Rural Resource Area (Lot 38 of RC ) would never be subdivided for residential development. The Council notes in this context that Policy 6.4.1(c) of the Operative District Plan recognises that change is inevitable in the use of land to enable the community to provide for its wellbeing. The requestor is entitled to request a plan change and have the proposed plan change considered on its merits. Such decision making is not constrained by earlier concept plans or undertakings provided in the context of hearings on resource consent applications. HP Kidd (8/26) noted that a cluster of sections as shown on the original Concept Plan adjacent to her property (Lot 69 DP 24318) had a combined average area of just 685m 2. The amended Concept Plan reduces the total number of allotments from 9 to 7 in this cluster; and provides for 14

15 allotments having a minimum area of 800m 2 adjacent to all properties located in the Residential Resource Area (3), including the submitter s property. The Council acknowledges that various options were proposed in the additional information provided by Helen Kidd dated 12 March It is noted that the third option identified by Helen Kidd would be to have a minimum area of 800m 2 for allotments adjoining Residential Resource Area (3) properties with any yard adjacent to Residential Resource Area (3) properties being 3 metres. The Council notes that side yards required in the Residential Resource Area (13) will be one of 1.8 metres and one of 3 metres. The Council has also noted that existing dwellings in the Residential Resource Area (3) adjacent to the land subject to Plan Change 7 are generally oriented to the north-east and have generous separation between dwellings and the north-west boundaries of those properties. In all the circumstances, and given the generous area now required for allotments that abut the Residential Resource Area (3), the Council does not consider it appropriate to require a 3 metre yard as proposed by the submitter. The NZ Transport Agency [NZTA] (15/3-15/6) has raised the issue of reverse sensitivity with respect to noise associated with traffic on State Highway 6. The NZTA has observed that Lots 1-7 and Lot 9 as shown on the amended Concept Plan are located within 80 metres of the state highway carriageway edgeline. The NZTA has promoted a rule to address this matter, generally consistent with Condition 29 of the subdivision consent RC At the hearing Mr MacColl supported a rule which would apply to residential activity in the Residential Resource Area (13), with a breach of such rule to be a discretionary (restricted) activity in terms of Rule 7.3.3(ii) of the Operative District Plan. Mr MacColl also suggested that an additional matter for discretion be inserted in Rule 7.3.3(ii). The Council considers it appropriate to insert such a matter, with an amendment to confirm that such matter for discretion would be relevant only in the context of a breach of the new Rule 7.3.6(xii). The NZTA (17/5) noted that given the proximity of SA 127 to the Perriam Cove entrance the NZTA would prefer that access be obtained to SA 127 from the proposed Local Connector Road only. NZTA is concerned that the addition of more access points to and from Pisa Moorings Road could potentially add to delays for traffic entering Pisa Moorings, which may in turn affect the functionality of the state highway intersection. The requestor has now promoted an amendment to the Concept Plan and to the rules that relate to SA 127 accordingly. The submission by IR Paterson (17/5) conditionally supports Plan Change 7. The submitter (17/12) considers that the Local Connector Road from Pisa Moorings Road to Missy Crescent is desperately needed to take pressure off Ferry Lane. The Request document in Clause anticipates that approximately 50% of through traffic will be diverted away from Ferry Lane. IR Paterson (17/13) has also noted that there is no official school bus stop at Pisa Moorings and considers that a bus stop is needed on the Local Connector Road. The submitter has suggested a possible location opposite the proposed Walnut Tree Reserve (which is located between Lots 71 and 72 as shown on the amended Concept Plan) or further towards Missy Crescent. The Council notes that these suggestions contrast with the requestor s opinion that SA 127 is the most logical place for a bus stop/school bus shelter as detailed in Clause 6.4 of the Request document. The Pisa Moorings Utility Society Inc (18/2) has emphasised that at all times it must have uninterrupted access to the pipework for its water scheme; and has raised issues with respect to the practicality of the access to the existing vineyard being located in close proximity to the tank farm (18/4). Access to the existing rising and falling main is addressed in Condition 19 of the subdivision consent RC and the access configuration to Lot 44 RC (that contains 15